Baker & McKenzie''s regular article tracking developments in EU law relating to IP, IT & telecommunications

This is the latest edition of Baker & McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Who Owns Your Body? A Patient''s Perspective on Washington University v. Catalona

Washington University v. Catalona revolves around ownership of tissue samples provided by patients for research purposes, raising significant ethical and legal questions concerning patient rights, current human research practices, and the treatment of samples as capital resources by the research institution.     

Does it matter if those who matter don't mind? Effects of gang versus delinquent peer group membership on labeling processes

Despite renewed interests in the labeling perspective and the impact of official intervention on individuals’ future outcomes, scant attention has been given to potential conditioning factors for theorized labeling processes. We argue that, when viewed through a symbolic interactionist lens, variations in the nature of primary social groups, through which individuals filter official labels like arrest, may generate patterns for subsequent self-concept and delinquency that are contrary to what labeling theory indicates. To test our rationale, we offer a moderated mediation model in which gang membership is expected to differentially impact the effect of arrest on future delinquency through an intermediary mechanism: self-esteem. We test a gang–nongang dichotomy and then probe further to test whether hypothesized effects are gang specific or occur similarly for nongang youths with highly delinquent peer groups. Analyzed using Rochester Youth Development Study (RYDS) data (N = 961), comparisons between gang members and nonaffiliated youths with similarly highly delinquent peer groups revealed no significant differences in conditional indirect effects of arrest on self-esteem and future delinquency; the two groups were similarly insulated from any negative impact of arrest on self-esteem. For nongang youths with fewer delinquent peers, however, arrest significantly reduced later self-esteem, which in turn increased their future delinquency.     

Brexit,Cabinet Norms and the Ministerial Code: Are we Living in a post-Nolan Era?

The Nolan Report will celebrate its twenty-fifth anniversary in 2020, and for most of this last quarter-century, it has provided the underlying ethical basis for public life in the United Kingdom. However, its principles are now being called into question in a number of areas, following the Conservative government’s loss of its parliamentary majority in the 2017 election, with the interests of party taking precedence over adherence to both the spirit and the codified practical implementation of some of the ultimate outcomes of Nolan, namely the Ministerial Code and the Commissioner for Parliamentary Standards. This article argues, with explicit evidence and examples, that ministerial conduct which would not have been tolerated before 2017 is now being routinely ignored in the interest of maintaining party unity in order to deliver some form of Brexit. The article concludes by asking whether Nolan norms still command consensus post-Brexit.