International Patent Law is Obsolete and Copyright is Obsolete

‘A book may be good for nothing; or there may be onlyone thing in it worth knowing; are we to read it all through?’(Samuel Johnson) This section is dedicated to the review ofideas, articles, books, films and other media. It will includereplies (and rejoinders) to articles, the evaluation of newideas or proposals, and reviews of books and articles both directlyand indirectly related to intellectual property law.

International Patent Law is Obsolete By Anna Mancini, 2006,New York: Buenos Books Price: US$35, Paperback, ISBN: 1-932848-17-7E-book Price: US$7, ISBN: 1-932848-16-9 Copyright is ObsoleteBy Anna Mancini, 2006, New York: Buenos Books Price: US$35,Paperback, ISBN: 1-932848-17-7 E-book Price: US$5, ISBN: 1-932848-19-3   In International Patent Law is Obsolete Dr Mancini's openingpremise is     

General Deterrence and Corporate Environmental Behavior*

This research addresses the assumption that “general deterrence” is an important key to enhanced compliance with regulatory laws. Through a survey of 233 firms in several industries in the United States, we sought to answer the following questions: (1) When severe legal penalties are imposed against a violator of environmental laws, do other companies in the same industry actually learn about such “signal cases”? (2) Does knowing about “signal cases” change firms’ compliance‐related behavior? It was found that only 42 percent of respondents could identify the “signal case,” but 89 percent could identify some enforcement actions against other firms, and 63 percent of firms reported having taken some compliance‐related actions in response to learning about such cases. Overall, it is concluded that because most firms are in compliance already (for a variety of other reasons), this form of “explicit general deterrence” knowledge usually serves not to enhance the perceived threat of legal punishment, but as reassurance that compliance is not foolish and as a reminder to check on the reliability of existing compliance routines.     

Error minimization and deterrence in agency control

In the presented oversight model, in which a regulatory agency may collude with regulatees, a watchdog organization may scrutinize the agency’s decision-making and find evidence speaking for collusive behavior. Found evidence is of a specific, stochastic quality. Courts will overturn the administrative decision when the evidence presented in court exceeds a minimum quality standard set by the political principal. Lowering the quality standard increases the odds of finding evidence of sufficient quality and, hence, leads to increasing collusion deterrence and to a lower probability of acquitting collusive administrators (type I error), but also to a higher probability of convicting an innocent administrator (type II error). It is shown that, when welfare-maximization gives rise to an interior solution, the welfare-maximizing standard of evidence is lower than the one that merely minimizes the costs of legal errors without taking deterrence costs into account, but will imply incomplete deterrence. However, conditions can and will be identified under which both error cost minimization and complete deterrence coincide with welfare-maximization.     

Duration of the time to reconviction: Evidence from UK prisoner discharge data

Duration models were used to investigate reconviction risks for a sample of 34,126 offenders released from prison in England and Wales during 1998. Different versions of the Cox proportional hazards model were applied to a comprehensive data set covering several offense types. Factors such as age (modelled using bands rather than a linear or quadratic format), gender, convictions-history, and offense type were found to be strongly associated with the risk of reconviction. Interactions between factors were also included and it was shown that the discrepancy between the risk of reconviction for males and females became weaker as the number of previous convictions increased. The study helped identify the subgroups of offenders for whom reconviction risks are greatest and the times when they seem to be most vulnerable to reconviction. Implications are explored for the design of prisoner resettlement programs and the prioritization of offenders for more intensive forms of intervention.     

Job demands, job resources, and burnout among police officers

The purpose of this study was to examine the relationship between job demands, job resources, and burnout, and to examine if burnout could predict both work and health-related outcomes among police officers. The participants were 223 Norwegian police officers, and data were collected using a questionnaire. The study was part of a national survey of both health care and non-health care professions. The overall level of burnout was low among police officers compared to other occupational groups tested in Norway. Both job demands and job resources were related to burnout, especially work-family pressure was an important predictor for all of the three burnout dimensions. Burnout predicted individual outcomes, such as psychosomatic complaints and satisfaction with life, as well as work outcomes, such as job satisfaction, intention to quit, and organizational commitment. Suggestions for potential interventions to reduce burnout and negative individual and organizational consequences are presented.     

Local law enforcement terrorism prevention efforts: A state level case study

Although law enforcement agencies across the nation have assumed part of the responsibility in the fight against terrorism, significant confusion exists as to the role of local law enforcement. While some agencies have taken steps towards terrorism prevention, little data has been collected on which agencies have taken the greatest steps, how those agencies have changed, and how other agencies should direct their activity. This case study of law enforcement census data from a single state considered variations in terrorism preparedness and predictors of preparedness. Agency size, presence of funding, and other variables significantly predict levels of terrorism preparedness. Important policy implications such as the distribution of funding and which agencies should be working towards terrorism preparedness are discussed.     

US Presidential popularity and opportunities to coerce North Korea: a quantitative test 1990 2000

This paper investigates how North Korean behaviour towards boththe United States and South Korea is influenced by the popularityof the American President. The study applies theories relatingto strategic conflict avoidance and signalling to suggest thatthe American President is able to demonstrate a willingnessto use force when he is unpopular and as such is better ableto coerce Pyongyang. Using a time-series model, I demonstratethat the North Koreans become more cooperative towards the UnitedStates in response to decreases in presidential popularity andincreasing levels of US inflation. However, the study also showsthat the North Koreans do not alter their behaviour towardsthe South Koreans in response to low American President Popularityratings. The research, therefore, suggests that the North Koreansbelieve that the United States would be unable to launch a diversionaryattack in response to North Korean behaviour towards the South.This study provides a clear support for the strategic avoidanceof conflict hypothesis and suggests that the American Presidentsare best able to coerce North Korea when they are unpopularat home. Received for publication August 31, 2005. Accepted for publication December 21, 2005.     

Stag Hunting with the State AG: Anti-Tobacco Litigation and the Emergence of Cooperation Among State Attorneys General

Employing a critical-mass theory of collective action, this article models the emergence of cooperation among state attorneys general in litigation against the tobacco industry. These suits were not independent events, nor was cooperation based on prior agreement among the attorneys general. Rather, cooperation emerged over time as a result of interdependent decision-making, with early lawsuits increasing the likelihood of later suits. The model emphasizes the "production function" of the collective good and the heterogeneity of the attorneys general and their political environments as keys to the development of cooperation. The model is tested against data using event history analysis.