Enforcement through eBay's VeRO scheme may be a groundless threat

On an interim injunction application to restrain an allegedthreat of infringement proceedings, the High Court held thatthe submission of an enforcement request through eBay's VerifiedRights Owner (VeRO) Program could constitute a groundless threatof infringement proceedings of a registered Community Design;the Court was concerned at the ability of a rights owner touse the VeRO program to ‘snuff out an avenue of the claimant'sbusiness’ where the proprietor of the designs in questionhad no intention of commencing proceedings in which the issuesof infringement and validity would be determined.     

The impact of determinate sentencing on prisoner misconduct

Purpose

The shift from indeterminate to determinate punishment policies over the past three decades may have the unintended consequence of increasing prisoner misconduct due to the elimination or reduction of parole and earned gain-time to provide incentives for inmates to comply with institutional rules. This paper advances the existing scholarship addressing this issue.

Methods

Data on a cohort of 305,228 inmates admitted to prison in Florida over a twelve year period before and after the enactment of a “truth-in-sentencing” law in 1995 requiring all felons sentenced to prison to serve a minimum 85% of their sentence are examined to assess the impact of determinate punishment on whether inmates commit disciplinary infractions and the frequency of misconduct.

Findings

The data show that determinate punishment has had the unintended consequence of significantly increasing the level of inmate misconduct in general and across different types of misconduct; violent, property, and disorderly.

Conclusion

The findings indicate that states which currently have or are considering the implementation of determinate sentencing should examine potential changes in policies and practices to alleviate the impact of reductions in inmate incentives to abide by institutional rules.     

Distress resulting from perceivers' own intimate partner violence experiences predicts culpability attributions toward a battered woman on trial for killing her abuser: a path model

Intimate partner violence (IPV) constitutes the majority of assaults against women in the United States, and greater than one third of female homicide victims are murdered by an intimate partner. In a small percentage of cases, battered women kill their abusers, and evidence of battering and its effects may be used to support a plea of self-defense in these cases. Prior research has shown that culpability attributions toward battered women who have killed their abusers are influenced by perceiver variables, including gender. The present study expands on this research by examining the influence of psychological distress resulting from perceivers' own IPV experiences--and the mechanisms of this influence--on their culpability attributions toward a battered woman defendant. Female undergraduates in the present sample (N = 154) read a vignette, adapted from an actual criminal case about a battered woman who had killed her abuser. Data supported a hypothesized path model, wherein participants reporting greater psychological distress resulting from IPV perpetrated against them perceived themselves more similar to the defendant, in turn empathized with her to a greater extent, and, in turn, attributed less legal culpability to her. Implications for future research are discussed.     

Intoxication Levels of Bar Patrons at an Organized Pub Crawl in a College Campus Community

This field study examined whether participants of a traditional, end-of-semester pub crawl in a college campus community had higher levels of intoxication than non-participating bar patrons on the same night as the event. A total of 693 bar patrons participated in the study. Anonymous interview and breath alcohol concentration (BrAC) data were collected from pedestrians in a bar district at the end point of the pub crawl route between 10:00 p.m. and 3:00 a.m. on the night of the event during three different semesters (November, 2007, May, 2008, and May, 2009). A multivariate model adjusting for participant demographics and drinking variables showed that participation in the pub crawl was associated with a 70% reduced risk of being highly intoxicated (i.e., BrAC ≥ 0.08 g/210 L). The lower intoxication levels among pub crawl participants may have implications for harm reduction practices at high-risk drinking events. These implications are discussed.     

The evolution of criminal interrogation rules in China

This paper presents a historical analysis of Chinese legal theories and the evolution of criminal interrogation rules from the pre-Han to the reform era. A fuller understanding of the evolution of rules is doubtless relevant to the present day’s controversy in China’s legal reforms surrounding the right to remain silent during interrogation and the privilege against self-incrimination. The historical analysis reveals that the imperial social context which once morally legitimized judicial torture in Chinese criminal justice is very much alive even today. For future legal reforms in China, there are barriers in the current social context, which seem to be unconducive for the right to remain silent and the privilege against self-incrimination. But, traditional native resources are also available to legal reformers to ensure better protection of the rights of the suspect subject to police interrogation, and to eliminate police-coerced confessions.     

Positive versus normative economics: what’s?the?connection? Evidence from the Survey of?Americans and?Economists on the Economy and?the?General?Social?Survey

Previous research suggests that positive and normative beliefs about economics are largely unrelated. Using questions from two national surveys, this study finds that: (a)?the underlying determinants of positive and normative beliefs are strikingly similar; (b)?education is by far the strongest overall determinant of both positive and normative beliefs; and (c) the variables known to push positive beliefs in the same direction as formal economic training—education, male gender, income growth, and job security—also push normative beliefs in the same direction. These results strongly suggest that the positive-normative connection has been underestimated.     

Just My Cup of Tea!

正I recently played a modern-day hostess for a black tea commercial in Beijing.As an American,it was a great opportunity to learn more about China’s traditional beverage,which I have come to occasionally enjoy alongside my habitual coffee fix.We filmed the commercial in a Western-style hotel on the northeast outskirts of Beijing.     

Democratization in the Balkans: Challenges and prospects

The post‐communist states of the Balkans face daunting challenges as they experiment with pluralism. The absence of a strong democratic tradition, national rivalries within and between states, weak civil society, and the impact of communism on political culture, complicate the emergence of open politics. There is a lack of agreement about the management of political competition and an absence of political institutions able to integrate conflicting forces. Compared with democratizing southern Europe, the Balkans faces numerous handicaps, and support from heartland democracies has been meagre. The fate of democracy may well be determined by events outside local control, namely the economic situation and the outcome of the war in former Yugoslavia.