Summary judgment in intellectual property litigation--the three of Harts

Legal context. The popular image of litigation is one of anoften long and expensive full trial. However, better case managementmeans that courts in the United Kingdom increasingly deal withdisputes at an early stage, by striking out claims that haveno genuine chance of success and by giving summary judgmentagainst defendants whose defences have no hope of succeeding.These procedures, detailed under the Civil Procedure Rules,are frequently invoked in intellectual property disputes. Unlikefull trials, which are normally heard before a specialist intellectualproperty judge, applications for summary judgment and strikingout are frequently heard by judges in the Chancery Divisionwho may have little experience of the area. Key points. This article considers the advantages and disadvantagesof deploying non-specialist judges, reviewing in particularthree decisions of a non-specialist judge, Mr Justice Hart.It suggests that a specialist judge might have reached a differentconclusion in at least one of these decisions. It also questionsthe policy issue of refusing to strike out a claim that, onthe law as it currently stands, has no chance of success wherethe intention is that the claimant be given the opportunityto invite the trial court to evolve a change in the law throughprecedental development. Practical significance. At a time when there is a strong demandfor the administration of justice to be both effective and swift,the twin facility of entering summary judgment and strikingout is likely to remain attractive and popular with intellectualproperty litigants. However, it is a facility that should notbe abused. The employment of non-specialist judges for the purposeof determining whether that facility should be utilised mayproduce results that, if justifiable, may run counter to theintuition of those who specialise in the field. Accordingly,judicial practice in this regard should be carefully monitoredand reviewed if predictability and consistency of decision-makingis to prevail.     

Sexual abuse of vulnerable young and old men

During a 4-year period, aggregated data from Adult Protective Services case files in Virginia revealed 17 cases of sexually abused young, middle-age, and old men. The most common types of sexual abuse across age groups involved instances of sexualized kissing and fondling and unwelcome sexual interest in the individual men's bodies. The majority of alleged perpetrators were male; they typically were similar in age to the men and resided in the same residential facility. In none of the cases was the alleged perpetrator prosecuted. Only two of the men continued to be at risk of further sexual abuse by the alleged perpetrator. Implications of these data for future research and practice include a need for studies that focus on differences between male and female victims, especially concerning investigations and interventions, and for training on reporting and intervention for facilities and agencies and organizations working with victims and alleged perpetrators.     

Punking and bullying: strategies in middle school, high school, and beyond

Punking is a practice of verbal and physical violence, humiliation, and shaming usually done in public by males to other males. This definition is based on interviews and discussion groups with 32 adolescent boys and on media sources within which adolescent males are embedded. Discourse analysis findings reveal that punking terminology and behaviors are usually interchangeable with bullying terminology and behaviors. Both practices are purposeful strategies taken up and used by many boys to affirm masculinity norms of toughness, strength, dominance, and control. Implications from this research promote a shift in understandings of how masculinity norms are achieved. Further, the research suggests that by bringing critical attention to social accountability for production of unhealthy norms and the violent practices that affirm these norms, we might well extend the scope and focus of intervention into harmful practices of violence, such as punking and bullying.     

Transitions in the negotiations on climate change: from prisoner’s dilemma to chicken and beyond

Frequently, international environmental negotiations have been analyzed in two-agent (2 × 2) games. Yet, in order to involve additional strategies, (3 × 3) games gained attention recently. We employ such a (3 × 3) game setting in order to depict international negotiations on climate change and integrate both the prisoner’s dilemma and the chicken games in this setting. We analyze transitions of negotiation states and describe how ancillary benefits and first-mover advantages influence agents’ behavior in the negotiations, when three different strategies or levels of climate protection efforts are available. Finally, we also integrate strategies to mitigate and to adapt to climate change into the analysis in the (3 × 3) game setting.     

Internal Validation of Human Mitochondrial DNA Quantification Using Real‐Time PCR

The quantity of mitochondrial DNA (mtDNA) template added for amplification and subsequent dye terminator reactions is critical for obtaining quality sequence data. Validation of a human mtDNA real‐time quantitative PCR (qPCR) assay demonstrated its high degree of reproducibility and precision as well as an extremely sensitive threshold of detection (0.0001 pg/μL or approximately six human mtDNA copies/μL). A study of 35 nonprobative bone and teeth evidence samples revealed that 20 pg of mtDNA template is recommended for successful HV1 and HV2 sequence analysis; however, as little as 0.013 pg can generate a full mtDNA profile when using enhanced amplification reactions. The assay can also detect PCR inhibition and is useful for identifying samples that may benefit from re‐purification. Overall, the assay is an excellent method to quantify mtDNA and is useful for determining the best analytical approach for successful sequencing.     

Implementing Intelligence-Led Policing: An Application of Loose-Coupling Theory

Purpose

This research is intended to inform a knowledge gap in the literature and present the first national findings related to intelligence-led policing adoption among state and local agencies. Specific practices are identified to inform scholars and practitioners regarding intelligence-led policing behaviors.

Methods

Original survey research from a federally-funded project is gleaned to explore intelligence-led policing adoption through a loose-coupling theoretical perspective. Negative binomial and logistic regression models are employed to identify predictive relationships.

Results

Agencies nationwide appear to be closely following the National Criminal Intelligence Sharing Plan recommendations to enhance information sharing. Consistent with the Department of Homeland Security’s Target Capabilities List is also observed. Agency size appears to have a significant effect on key organizational information sharing behaviors. The findings are tempered due to limitations in the research design.

Conclusions

Local agencies appear to be tightly-coupled with the recommendations put forth in the National Criminal Intelligence Sharing Plan in their efforts to adopt intelligence-led policing. Agency size appears to enhance adoption across most dependent metrics. This research progresses the limited evidence base and progress regarding this emerging policing philosophy.     

Cyber Security Responsibilization: An Evaluation of the Intervention Approaches Adopted by the Five Eyes Countries and China

Governments can intervene to a greater or lesser extent in managing the risks that citizens face. They can adopt a maximal intervention approach (e.g., COVID-19) or a hands-off approach (e.g., unemployment), effectively “responsibilizing” their citizens. To manage the cyber risk, governments publish cyber-related policies. This article examines the intervention stances the governments adopt in supporting individual citizens managing their personal cyber risk. The authors pinpoint the cyber-related responsibilities that several governments espouse, applying a “responsibilization” analysis. Those applying to citizens are identified, thereby revealing the governments' cyber-related intervention stances. The analysis reveals that most governments adopt a minimal cyber-related intervention stance in supporting their citizens. Given the increasing number of successful cyber attacks on individuals, it seems time for the consequences of this stance to be acknowledged and reconsidered. The authors argue that governments should support individual citizens more effectively in dealing with cyber threats.