It may look or smell like a 'free ride' but it is not 'unfair competition'

‘Free-riding’ on another product's reputation andbenefiting from the efforts put into promoting it can amountto trade mark infringement, even without much apparent damageto that product, but the law of passing off does not supportclaims of unfair competition where no deception or misrepresentationis involved.     

Exploring System Boundaries

Autopoiesis is normally considered to be the systems theory in law. In this paper complexity theory is presented as an alternative systems approach. In order to position complexity theory as a plausible alternative to autopoiesis I discuss the differing understanding of boundary within each theory, and use this as a vehicle to critique autopoiesis. My critique is situated within systems theory thinking but is external to both autopoiesis and complexity theory (although I must oscillate between the two objects of critique). Because both approaches possess an understanding of boundary it provides an effective tool to contrast their differences, while permitting each to be described in its own language. It is argued that complexity theory offers an approach to boundaries as contingent, emergent interfaces, which the autopoietic construction of boundary can learn from in several ways. More generally it is suggested that the complexity approach to boundaries offers lawyers engaging with systems theory a new critical perspective to assess legal constructions.     

Democratizing a hegemonic regime: From institutionalized party to institutionalized party system in Mexico?

Party system institutionalization has been analyzed as a key variable supporting democratic consolidation and governability in Latin America. In this article the concept is applied to the case of Mexico, which completed its democratic transition following the elections of July 2000. The framework developed by Scott Mainwaring and Tim Scully in particular is assessed against evidence from the developing Mexican party system. The article addresses the question of whether the institutionalized single party regime has been supplanted by an institutionalized democratic regime. Although on some comparative measures the Mexican system does not appear to be securely institutionalized, this has much to do with the flux associated with deinstitutionalizing a hegemonic system. By examining the issues of volatility, party 'rootedness' and legitimacy, there are good grounds for believing that the Mexican system evinces substantive stability in the patterns of interaction between parties.     

Effectiveness of pupil diameter in a probable‐lie comparison question test for deception

Purpose. There were three objectives of this study: (1) To assess the possibility of using pupil diameter as an index of deception in the context of a comparison question polygraph test. (2) To determine if pupil diameter would make a significant contribution to an optimal multivariate classification equation in combination with the traditional predictor variables used in field polygraph practice. (3) We explored the possibility of replacing one or more of the traditional predictor variables with pupil diameter. Methods. We used a laboratory mock crime experiment with 24 participants, half of whom stole $20 (US) from a secretary's purse. Participants were tested with a comparison question test modelled after standard field practice. Physiological measures were taken with laboratory quality instrumentation. Features were extracted from the physiological measures. Those features were subjected to a number of different statistical analyses. Results. Innocent participants showed larger increases in pupil diameter in response to probable‐lie questions than to relevant questions. Guilty participants did not show differential responding to the question types. The additional of pupil diameter to a multivariate classification model approached, but did not reach significance. Subsequent analyses suggest that pupil diameter might be used to replace the traditional relative blood pressure measure. Conclusions. Pupil diameter was found to be a significant predictor variable for deception. Pupil diameter may be a possible replacement for the traditional relative blood pressure measure. Additional research to explore that possibility would seem to be warranted.     

Forensic utility of the mitochondrial hypervariable region 1 of domestic dogs, in conjunction with breed and geographic information

The 608-bp hypervariable region 1 (HV1) sequences from 36 local dogs were analyzed to characterize the population genetic structure of canid mitochondrial DNA (mtDNA). Sixteen haplotypes were identified. A 417-bp segment of this sequence was compared with GenBank sequences from a geographically representative sample of 201 dogs, two coyotes, and two wolves. Sixty-six haplotypes were identified including 62 found only in domestic dogs. Fourteen of these correspond to the 16 local haplotypes and were among the most frequent haplotypes. The local sample was judged to be representative of the much broader geographic sample. No correlation was observed between local haplotypes and the owner's characterization of dog breed. A 60-bp variation "hotspot" within the canid HV1 was identified as a potentially valuable molecular tool, particularly for assaying limited or degraded DNA samples.     

Recovery of DNA for forensic analysis from lip cosmetics.

To obtain a reference DNA profile from a missing person, we analyzed a variety of personal effects, including two lip cosmetics, both of which gave full DNA profiles. Further investigations were undertaken to explore this previously unreported source of DNA. We have tested a range of brands and types of lip cosmetics. Our studies have revealed that lip cosmetics are an excellent source of DNA, with almost 80% of samples giving a result. However, artifacts are frequently observed in the DNA profiles when Chelex is used for the DNA extraction and additional DNA purification procedures are required to ensure that an accurate DNA profile is obtained.     

Performance and Compensation: An Analysis of Contract Damages and Contractual Obligation

Although there is an increasing body of opinion that awardsof damages for breach of contract should take account of theclaimant’s performance interest, there has been littlein the way of analysis of what the performance interest is.Commonly the concept is put forward as simply a reformulationor reconceptualization of the expectation interest, itself hithertoregarded as the one true contractual interest. Such thinkingis flawed. A closer analysis of contract doctrine shows thereto be two distinct contractual interests; in receiving performance,and in being compensated for losses caused by non-performance.Receiving compensatory damages for non-performance is not thesame as receiving performance. At present, this important differenceis not fully appreciated, resulting in a failure to developa principled approach to the claims that can be made followinga breach of contract. Recognition of this distinction forcesus to confront the fundamental question of how committed weare to the notion that contracts entail a right to performance.This article examines the distinction between these two interests,how the performance interest may be given effect by a damagesaward, and what the consequences of this analysis are for ourunderstanding of the nature of contractual obligation.