Injury‐Related Healthcare Use and Risk of Filicide Victimization: A Population‐Based Case–Control Study

Research on child‐related risk factors for filicide is scant. We investigated whether prior healthcare use for injury (including poisoning) influences filicide risk. Victims (0–14 years; n = 71) were identified in a national autopsy database for the years 1994–2012 and compared to matched, general population controls (n = 355). Healthcare use data were retrieved from a national patient registry. Risks were estimated using odds ratios (ORs) and 95% confidence intervals (CIs). For females, prior inpatient care for injury conferred a statistically significant sevenfold risk (OR = 6.67 [95% CI: 1.49–29.79]), and any prior injury‐related healthcare use conferred a statistically significant fourfold risk (OR = 3.57 [95% CI: 1.13–11.25]), of filicide victimization. No statistically significant risks were found for males. Healthcare personnel should be aware that children treated for injuries, especially females, may be at an elevated risk of filicide victimization. Nevertheless, the filicide base rate remains low, and parents may be stigmatized by unfounded alerts; thus, prudent reflection should precede reports to the authorities.     

Globalization and regulatory change: The interplay of laws and technologies in E-commerce in Southeast Asia

Electronic commerce has brought about business and technological changes globally, and these global changes have given rise to major legal reforms across nations. In the fast-changing global digital economy, states need strategies to maintain competitiveness of their markets while simultaneously ensuring the secure and effective use of technologies involved in conducting electronic transactions. This paper examines how the use and recognition of electronic signatures are regulated in Southeast Asia – the region that has shown the most significant growth in global e-commerce in past few years. Based on a comparative analysis of the laws of four representative ASEAN member states – namely Singapore, Thailand, Malaysia, and Vietnam, this paper argues that there is a regional trend towards adopting more liberal and technology-neutral standards for electronic signatures. Electronic signature regulation in Southeast Asia is now built upon limited technological neutrality (or the so-called “two-tiered” approach) as a shared regulatory understanding, but this approach is operationalized differently in each state due to distinctive national contexts. Within the common legal framework, each state has developed its own system of control and management with respect to higher-level signatures (using advanced technologies). The principle of technological neutrality, a concept originally developed for the regulation of technologies in response to the liberalization of telecommunications market, has been the central theme of discussions on the e-transactions policy-making scene. As the author shows, in the process through which states localize the global standards of technological neutrality, ASEAN as a vehicle of regulatory change has played an essential role in translating this principle to the national context.     

Maximizing order or harm? Arrests among a social network of people who inject drugs in a large urban city

Encountering the criminal justice system at the first point of entry---an arrest---is associated with heightened HIV and Hepatitis risk behavior among people who inject drugs (PWIDS). Intervening structurally through the criminal justice system impacts public health; therefore, determining arrest patterns is an important tool for risk reduction. Among a sample of 740 PWIDs, and their social network members recruited from predominantly African-American neighborhoods in Baltimore City, a third were recently arrested in the previous six months, and of those, the arrests were disproportionately African-American persons and characterized as nonviolent, i.e., drug possession/attempt to purchase (38%) and loitering (29%). Poisson regression models were built adjusted for age, sex, race, education level, homelessness, and monthly income after exploring bivariable characteristics of arrests using chi-squared tests. Active drug use was associated with a recent arrest (adjusted prevalence ratio: aPR 2.38 95% CI 1.6, 3.6), in addition to participants who recently reported attending a syringe exchange program (aPR 1.45 95% CI 1.1, 2.0). Our findings are suggestive of recent media coverage and burgeoning research revealing the prioritization of policing resources toward both communities of color and neighborhoods of intensified drug trafficking. Further research is warranted to contextualize the operationalization of criminal justice resources and the impact on community health.     

Introducing the Open Clause to improve copyright flexibility in cyberspace? Analysis and commentary on the proposed “two-step test” in the Third Amendment to the Copyright Law of the PRC,in comparison with the EU and the US

The so called “three-step test”, that the limitations and exceptions of copyright shall be allowed in certain special cases, provided that they do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author, grants copyright flexibilities to balance the interests of all stakeholders, especially within the European system of circumscribed limitations and exceptions. This is essential for the domain of computer law, confronted by rapid and unpredictable global technological developments, and is, thus, enshrined in the most important international intellectual property (IP) treaties. Through the proposed third amendment to the Copyright Law of the PRC, the legislature intends to adopt this test while also introducing an open-ended list of limitations and exceptions that constitutes a China-specific “two-step test.” This contravenes prima facie the thesis endorsed by the WTO Panel in the case concerning Section 110(5) of the US Copyright Act in 2000. In contrast, court decisions in China frequently apply the fair use doctrine of US copyright law, neglecting to consider its peculiar context of the US common law tradition and, thus, unduly expanding the Chinese courts' discretionary power.This paper summarizes the case law in China and takes a comparative approach to address the divergence between the judicial application of cyber copyright law and the existing legislation. It suggests revising the proposed Article 43 of the Copyright Law of the PRC to capture the due interpretation of the three-step test, thereby finessing the delineation between rights protection and free use with the compensation of remuneration under the principle of proportionality. It argues that transplanting the US fair use doctrine into Chinese copyright law is feasible, but with the preconditions of endeavouring to strengthen judicial reform to integrate the IP adjudication systems, enhancing the coherence and efficiency of copyright enforcement, and facilitating consistent dialogues between scholars, practitioners, and lawmakers.     

The talk–listen–respond (TLR) model of representatives on Twitter

Despite the existing research on how elected representatives use Twitter, there are few comparative studies and none that considers Israel, a country that differs from most democracies in its electoral system. This study has two levels of analysis. The first is the country level, in which the author compares and explains how representatives in four countries – the US, Canada, Australia and Israel – use the talk, listen and respond model to achieve their goals. The second is the individual level, in which the author analyses how personal characteristics such as gender and age, and political characteristics such as seniority and membership in the opposition or coalition affect the frequency of use of Twitter. Using quantitative data, it is demonstrated that representatives vary in the frequency of their use of Twitter. On the country level, Australian representatives use Twitter more often than their counterparts in other countries. On the individual level, first-term members, members of the opposition, and older representatives use Twitter more often than those with more seniority, coalition members, and younger legislators.     

Mental health,substance use,and offending patterns among Native American youth in juvenile detention

Research has shown that youthful offenders in the juvenile justice system report an array of substance use and emotional and other mental health needs. The current study closely examined these issues in a large national sample (n = 539) of Native American youth drawn from the Survey of Youth in Residential Placement. Results demonstrated that frequent substance use was associated with the likelihood of being detained for a drug offense, while emotional and mental health needs were associated with detention for the most serious offenses. These results highlight the need for comprehensive substance use and other mental health assessments for Native American youth in the juvenile justice system.     

The Google conundrum: Perpetrator or facilitator on the net? - Forging a fair copyright framework of rights, liability and responsibility in response to search engine 2.0 - Part II: The Google Books Search Project

Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a case study, this paper will look at the two main areas of dispute over the operations of information locator tools and services that either threatens search engine functionality and efficiency or weakens copyright holders’ exclusive rights. It proposes a concerted set of solutions through a reassessment and amendment of copyright law to optimize the social benefits and objectives of both the copyright regime and technological innovations in the electronic model of information archiving, indexing and delivery. A fair distribution of responsibilities and allocation of rights and liabilities will be suggested. In the process, due consideration will be given to both public and private interests, with the former taking precedence; while the recommended solutions will be made within the currently outdated framework for Internet intermediary protection (i.e. safe harbor laws) and exceptions (i.e. specific statutory exemptions and the general fair use defense) under the existing copyright regime. Thus, the proposed changes will be far reaching without being too radical a departure from current law, an evolution that will likely be more acceptable and realistic a solution to the problem.This paper is published in two parts. Part One of this paper published in the previous edition of the CLSR at [2011] 27 CLSR 110-131 dealt with the challenges to the copyright regime posed by the operations and technology behind the Google Images Search Engine, while Part Two will assess the benefits of the Google Books Search Project vis-à-vis the effects it will have on the scope of copyright protection. Recommendations are made to copyright law to accommodate both functions while generally preserving the main objectives of copyright protection.     

中美三个联合公报的条约性质研析——兼论中国的对策

长期以来,中美两国对于中美三个联合公报的法律性质存在着极大的争议:中国认为中美三个联合公报是有拘束力的条约,美国却否认这一点。这种争议的结果既严重损害了中美三个联合公报的权威性,更严重阻碍了中美关系的正常发展。根据国际条约法的基本原则和基本理论,特别是从条约的基本特征、美国国内法关于条约的定性、三个联合公报的履约情况等方面进行的深入分析表明,中美三个联合公报确定无疑是有拘束力的条约。基于此,中国政府应该积极寻求维护中美三个联合公报权威性及其条约性质的法律对策。     

宅基地使用权流转模式的选择

宅基地使用权禁止流转制度无疑成了宅基地发挥其土地价值的巨大障碍,实践中已形成错综复杂的宅基地使用权的＂隐形市场＂,这严重影响了社会的稳定。通过房地分离和设立法定租赁权,建立与此相适应的宅基地有期限、有偿使用制度及完善的农村宅基地使用权登记制度等配套措施,以较少的成本解决宅基地使用权的流转,是较为合理的方案。