Australian Federal Court cooks up a storm over design rights

An equitable owner of copyright in design drawings is entitlednot only to an assignment of the legal interest in the copyrightbut also to relief to prevent a manufacturer representing thatit was authorized to make goods in accordance with those drawings.     

Police participation in structured plea negotiations

This article examines the participation of police officers in structured felony plea negotiations. The data were collected during the testing of pretrial settlement conferences conducted in Dade County, Florida. The police officers were relatively active in the plea discussions, and their presence affected both the structure of the discussion and the relative influence of the various parties. The data also indicate that police participation and influence were affected by the presence of either the victim or the defendant.While the presence of the police did not affect the processing (settlement/trial rate) or the disposition (sentence severity, use of incarceration or restitution), the officers who attended the conference were more satisfied with both the court process and the disposition. This finding is significant in the light of the demoralizing effects of traditional plea negotiations on police attitudes and the spill over of these negative attitudes into the criminal justice system.     

Organizational Learning Facilitators in the Canadian Public Sector

An implicit patriarchal bargain between Emirati fathers and daughters is examined from a social constructionist perspective. Using qualitative methodology we found that fathers explicitly encourage their daughters to pursue tertiary education and careers, but hedge this break from tradition with implicit understandings that daughters will observe norms that can only realistically be followed in public sector employment. The persistent public-private imbalance in female employment patterns can thus be construed, as a ‘wicked problem” that cannot be addressed through market incentive-based policies such as Emiratization but rather through behavioral changes on the part of both UAE businesses and Emirati families.     

Relationship between blood and urine alcohol concentrations in apprehended drivers who claimed consumption of alcohol after driving with and without supporting evidence

For various reasons, many people suspected of driving under the influence of alcohol (DUIA) are not apprehended sitting behind the wheel, but some time after the driving. This gives them the opportunity to claim they drank alcohol after the time of driving or after they were involved in a road-traffic crash. Alleged post-offence drinking is not easy for the prosecution to disprove, which often means that the DUIA charge is dropped or the person is acquitted if the case goes to trial. The routine practice of sampling and measuring the concentration of alcohol in blood (BAC) and urine (UAC) and calculating urine/blood ratios (UAC/BAC) and the changes in UAC between two successive voids furnishes useful information to support or challenge alleged drinking after driving. We present here a retrospective case series of DUIA offenders (N = 40) in half of which there was supporting evidence of an after-drink (eye witness or police reports) and in the other half no such evidence existed apart from the suspect's admission. When there was supporting evidence of an after-drink, the UAC/BAC ratio for the first void was close to or less than unity (mean 1.04, median 1.08, range 0.54–1.21) and the UAC increased by 0.21 g/L (range 0.02–0.57) between the two voids. Without any supporting evidence of post-offence drinking the mean UAC/BAC ratio was 1.46 (range 1.35–1.93) for the first void, verifying that absorption and distribution of alcohol in all body fluids and tissues was complete. In these cases, the UAC between successive voids decreased by 0.25 g/L on average (range 0.10–0.49), indicating the post-absorptive phase of the BAC curve. Long experience from investigating claims of post-offence drinking leads us to conclude that in the vast majority of cases this lacks any substance and is simply a last resort by DUIA offenders to evade justice. Unless supporting evidence exists (eye witness, police reports, etc.) of post-offence drinking the courts are encouraged to ignore this defence argument.     

Detection and Identification of Explosive Particles in Fingerprints Using Attenuated Total Reflection-Fourier Transform Infrared Spectromicroscopy

Abstract:  The application of attenuated total reflection (ATR)-Fourier transform infrared (FTIR) spectromicroscopy for detection of explosive particles in fingerprints is described. The combined functions of ATR-FTIR spectromicroscopy are visual searching of particles in fingerprints and measuring the FTIR spectra of the particles. These functions make it possible to directly identify whether a suspect has handled explosives from the fingerprints alone. Particles in explosive contaminated fingerprints are either ingredients of the explosives, finger residues, or other foreign materials. These cannot normally be discriminated by their morphology alone. ATR-FTIR spectra can provide both particle morphology and composition. Fingerprints analyzed by ATR-FTIR can be used for further analysis and identification because of its non-destructive character. Fingerprints contaminated with three different types of explosives, or potential explosives, have been analyzed herein. An infrared spectral library was searched in order to identify the explosive residues. The acquired spectra are compared to those of finger residue alone, in order to differentiate such residue from explosive residue.