Publish and be damned in trade mark cases

The principle that a defendant in a libel case should be entitledto avoid an interim injunction if it plans on proving the truthof the allegations at trial did not extend to trade mark infringementor passing off cases.     

Genetic differentiation between and within Northern Native American language groups: an argument for the expansion of the Native American CODIS database

The National Research Council recommends that genetic differentiation among subgroups of ethnic samples be lower than 3% of the total genetic differentiation within the ethnic sample to be used for estimating reliable random match probabilities for forensic use. Native American samples in the United States’ Combined DNA Index System (CODIS) database represent four language families: Algonquian, Na-Dene, Eskimo-Aleut, and Salishan. However, a minimum of 27 Native American language families exists in the US, not including language isolates. Our goal was to ascertain whether genetic differences are correlated with language groupings and, if so, whether additional language families would provide a more accurate representation of current genetic diversity among tribal populations. The 21 short tandem repeat (STR) loci included in the Globalfiler® PCR Amplification Kit were used to characterize six indigenous language families, including three of the four represented in the CODIS database (i.e. Algonquian, Na-Dene, and Eskimo-Aleut), and two language isolates (Miwok and Seri) using major population genetic diversity metrics such as F statistics and Bayesian clustering analysis of genotype frequencies. Most of the genetic variation (97%) was found to be within language families instead of among them (3%). In contrast, when only the three of the four language families represented in both the CODIS database and the present study were considered, 4% of the genetic variation occurred among the language groups. Bayesian clustering resulted in a maximum posterior probability indicating three genetically distinct groups among the eight language families and isolates: (1) Eskimo, (2) Seri, and (3) all other language groups and isolates, thus confirming genetic subdivision among subgroups of the CODIS Native American database. This genetic structure indicates the need for an increased number of Native American populations based on language affiliation in the CODIS database as well as more robust sample sets for those language families.Supplemental data for this article is available online at https://doi.org/10.1080/20961790.2021.1963088 .     

Collective Bargaining in the Twenty-First Century: A Negotiations Institution at Risk

Collective bargaining, a core social institution, faces a fundamental transformational challenge. National survey data provide unique insights into the current status of the bargaining process — revealing challenges and opportunities. Awareness and use of interest-based bargaining principles is widespread but complicated by underlying tensions between labor and management. The findings illustrate the value of conducting an institutional-level analysis of a negotiations process.     

How Not to Enhance the Confidence—Accuracy Relation: The Detrimental Effects of Attention to the Identification Process

This study (N = 218) examines potential moderators of the confidence–accuracy (CA) relation in eyewitness identifications. The design included five experimental interventions (accountability, context reinstatement, retrospective narration, hypothesis disconfirmation, and hypothesis generation), as well as one trait measure (public self-consciousness). Although the interventions were hypothesized to enhance the CA relation relative to a control condition, they did not do so. In fact, quite contrary to our initial expectations, only participants in the control condition displayed unqualified insight into their identification accuracy. We conclude that attempts to enhance awareness of the thoughts and reasoning process involved in an identification decision may frequently have minimal, or even counterproductive, effects. Instead, results of decision process measures suggest that the CA relation might be more effectively enhanced by increasing the salience of relatively automatic decision criteria (e.g., “did his face 'pop out' at me?”) and decreasing the salience of algorithmic identification strategies (e.g., “was I thorough in making my decision?”).