Planning for the succession of digital assets

Estate planners’ current strategies for the disposition of digital assets are quickly becoming out-dated. This is largely the result of ambiguities concerning proprietary rights of digital assets after death. When advising clients on how to plan for the succession of digital assets, it is important for estate planners to understand the nature of digital assets today and to recognize how these assets may evolve. In failing to take into account the evolving nature of digital assets, estate planners are liable to craft short-sighted and thus ineffective succession plans. As the popularity of digital executor businesses increases, estate planners ought to caution clients on their shortcomings. Additionally, legislatures must create statutes which outline the rights of individuals vis-à-vis online service providers.     

Physical Abuse in a College Setting: A Study of Perceptions and Participation in Abusive Dating Relationships

This study explored the relationships between college students’ self-identification as recipients and/or perpetrators of abuse in their dating relationships and abusive behaviors reported. A cross-sectional examination of 1,530 undergraduate students was conducted. Results indicated that one in four college students were involved in a physically abusive dating relationship (involving at least two acts of physically violent behavior), and that over 85% of them failed to self-identify as ever having received and/or perpetrated any act of physical abuse. College students involved in abusive dating relationships were more likely than those not in abusive dating relationships to be in a relationship of a longer duration, to have been in a previous abusive dating relationship, and to be more accepting, in general, of physical abuse as a means of conflict resolution.     

Intergenerational Associations Between Trauma and Dissociation

The purpose of this study was to investigate intergenerational relationships between trauma and dissociation. Short and long term consequences of betrayal trauma (i.e., trauma perpetrated by someone with whom the victim is very close) on dissociation were examined in a sample of 67 mother–child dyads using group comparison and regression strategies. Experiences of high betrayal trauma were found to be related to higher levels of dissociation in both children and mothers. Furthermore, mothers who experienced high betrayal trauma in childhood and were subsequently interpersonally revictimized in adulthood were shown to have higher levels of dissociation than non-revictimized mothers. Maternal revictimization status was associated with child interpersonal trauma history. These results suggest that dissociation from a history of childhood betrayal trauma may involve a persistent unawareness of future threats to both self and children.     

The Aftermath of the Macondo Discovery Well Spill: The Interplay of Claims to the Gulf Coast Claims Facility and Insurance Claims

The processing of claims for compensation arising from the April 20, 2010, explosion of the Deepwater Horizon offshore oil rig and its environmental and economic aftermath has proceeded simultaneously before the Gulf Coast Claims Facility and insurers. The criteria for recovery between these two recipients of claims differ significantly. Compensation from the facility has included claims for purely economic injury, whereas compensation from insurance generally requires, inter alia, a closer geographic or causal nexus to property damage. The resolution of compensation issues both by the facility and insurers will impact whether further disputes arise in the courts. Based upon similar experiences from September 11 and Hurricane Katrina, these issues are likely to continue for several years before they are fully resolved.     

precarious changes: gender and generational politics in contemporary Italy

The issue of a generational exchange in Italian feminism has been crucial over the last decade. Current struggles over precariousness have revived issues previously raised by feminists of the 1970s, recalling how old forms of instability and precarious employment are still present in Italy. This essay starts from the assumption that precariousness is a constitutive aspect of many young Italian women's lives. Young Italian feminist scholars have been discussing the effects of such precarity on their generation. This article analyses the literature produced by political groups of young scholars interested in gender and feminism connected to debates on labour and power in contemporary Italy. One of the most successful strategies that younger feminists have used to gain visibility has involved entering current debates on precariousness, thus forcing a connection with the larger Italian labour movement. In doing so, this new wave of feminism has destabilized the universalism assumed by the 1970s generation. By pointing to a necessary generational change, younger feminists have been able to mark their own specificity and point to exploitative power dynamics within feminist groups, as well as in the family and in the workplace without being dismissed. In such a layered context, many young feminists argue that precariousness is a life condition, not just the effect of job market flexibility and not solely negative. The literature produced by young feminists addresses the current strategies engineered to make ‘their’ precarious life more sustainable. This essay analyses such strategies in the light of contemporary Italian politics. The main conclusion is that younger Italian women's experience requires new strategies and tools for struggle, considering that the visibility of women as political subjects is still quite minimal. Female precariousness can be seen as a fruitful starting point for a dialogue across differences, addressing gender and reproduction, immigration, work and social welfare at the same time.     

An economic assessment of patent settlements in the pharmaceutical industry

This article demonstrates that in recent years, patent settlements between branded and generic manufacturers involving "reverse payments" from branded manufacturers to generic manufacturers have received close antitrust scrutiny, driven by concerns that such settlements harm consumers by delaying the entry of lower-priced generic drugs. The authors note that such settlements will be a focus of the Obama Administration's antitrust enforcement policy, yet there is a growing consensus among the courts that such settlements are anticompetitive only under narrow sets of circumstances. In this article, the authors present an analytical framework for evaluating the competitive effects of patent settlements, including those involving reverse payments, and demonstrate that these settlements can benefit consumers. Thus, the authors conclude that while continued scrutiny of such settlements is important, broad brush treatments are inappropriate and only a more individualized evaluation can correctly determine the competitive effects of a particular settlement agreement.     

Elder abuse and neglect: challenges and directions for legal reform

The last two decades have heralded an increased community and professional awareness of the phenomenon of elder abuse and the challenges it poses to the enjoyment of the human rights of some older people. The contemporary Australian legal system provides many of the components of a framework required to assist in the promotion of the rights of the elderly and in the prevention and remedy of elder abuse. This framework acts in concert with health and community services dedicated to the advancement of health and wellbeing into old age. In the future, the acknowledgment and adoption of international legal principles which are directed to the needs of the elderly, the reform of existing domestic legislation and the development of new elder-specific statutes may all impact upon the incidence and consequences of elder abuse. To date, no Australian jurisdiction has adopted a legislative regime targeted specifically at the issues confronting older Australians who may be vulnerable to abuse and neglect. This column looks at some of the options for legal reform in this area.     

All Citizens are Created Equal,but Some are More Equal Than Others

Nationality is the legal bond between a person and a state that connotes full and equal membership of the political community. Yet, in the practice of states, not everyone who is admitted as a national enjoys the full package of rights attached, nor the same security of status. The phenomenon of inequality among citizens is particularly apparent when examining the question of how protected the legal bond itself is: citizenship by birth is more secure than citizenship acquired otherwise—such as by naturalisation—and mono citizens are less prone to withdrawal of nationality than persons with dual or multiple nationality. As nationality revocation gains new attention from states as a tool to counter terrorism, prompting much political, public and academic debate, the reality that this measure often applies only to particular sub-groups of citizens demands closer scrutiny. This article explores how law and practice on citizenship deprivation is to be evaluated against contemporary standards of international law. While states justify unequal application of citizenship deprivation measures by invoking the duty to avoid statelessness, this article shows that the application of other international standards such as non-discrimination and the prohibition of arbitrary deprivation of nationality calls into question the legitimacy of citizenship stripping as a security instrument. Finally, the article reflects on the broader implications of the current trend towards greater inequality of citizenship status as a reaction to the perceived threat that terrorism poses to the integrity of the state, discussing how the creation of different classes of citizen is in fact likely to have a deeper and more lasting impact on the foundations of liberal democracies.