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.     

Collaboration,information, and preservation: The role of expertise in farmland preservation task forces

Collaboration between agencies, private groups, and citizens in the field of natural resource management is generally seen as a productive strategy in challenging management situations. Collaborative management is particularly appealing in efforts like farmland preservation, which depend for their success on local initiative and support. However, such partnerships may create new dilemmas about the appropriate use of information in management. This paper analyzes the use of information by 15 county-wide Farmland Preservation task forces in the state of Ohio, U.S.A.     

Claiming Kapwa: Filipino Immigrants,Community-Based Organizations,and Community Citizenship in San Francisco

Filipino immigrants and Filipino-serving community-based organizations (CBOs) in San Francisco work to meet community members’ immediate needs. At the same time, it activates political participation for Filipinos to make claims on traditional citizenship from the city agencies under an albeit xenophobic climate. Although city-level legislation marks San Francisco as politically progressive, Filipino community members experience the national anti-immigrant climate in the United States through a lack of services for integration. We argue that immigrants and CBOs develop “community citizenship” that link Filipino immigrants to local state services while engaging in community building activities that affirm the transnational identities of Filipinos as part of their (in)ability to participate politically in San Francisco. Through qualitative interviews from Filipino organizers and CBO staff, we argue that CBOs use Filipino core cultural values to facilitate collective responsibility for community members’ needs that is not only local but also always transnational under contradicting currents of liberal progressivism and neoliberal conservatism in the city and nationally.     

gender at the crossroad of conflict: tsunami and peace in post-2005 Aceh

After the devastating tsunami hit the northern Sumatran coastline in December 2004, the Indonesian province of Aceh found itself at a crossroad. This crossroad intersected the three-decade-long civil war, the move towards peace and the need for post-disaster recovery. This article analyses the gendered politics embedded in Aceh's navigation through this crossroad. First, it argues that both the conflict and the subsequent peace process were marginalised by the international programmes of post-tsunami recovery. Second, it demonstrates that within this marginalisation, women's investments in both war and peace were further neglected throughout the formal peace process. Third, it highlights how the peace process reflected a narrow, masculinist and public sphere agenda that silenced both women and the gendered issues affecting them. In short, this article seeks to unveil the gendered politics of war and peace in post-tsunami Aceh. It does so with the feminist ambition of demonstrating that sustainable and comprehensive peace in Aceh cannot be secured without recognising and accounting for the impact that the conflict has upon gendered identities.     

“Characteristically Generous”? Australian Responses to Refugees Prior to 1951

When Australia pledged to accept 15,000 Jewish refugees from Europe in 1938, it was applauded by the London Times as “a characteristically generous contribution” and an example for others. Australia's reputation for generous humanitarianism was solidified after the war when it absorbed more than 180,000 of Europe's Displaced Persons and committed to international human rights instruments designed to protect refugees and asylum seekers. This reputation has been used to both defend and critique the nation's contemporary responses to asylum seekers. Recent Australian Prime Ministers have invoked Australia's proud record of refugee resettlement to deflect criticism of their tough border control policies, policies which critics charge repudiate the nation's humanitarian traditions. This article critically reviews the history of Australia's responses to refugees and asylum seekers prior to 1951 and demonstrates that contemporary border control policies are neither a deviation from, nor defence of, a proud humanitarian record. Rather, they embody the migration management approach to refugees that provided impetus for Federation in 1901, governed Australia's response to the Jewish refugee crisis in the 1930s, and shaped its conditional acceptance of the Displaced Persons and the position it adopted in the drafting of the United Nations Convention Relating to the Status of Refugees in 1951.     

NOAA's Resurrection of Program Budgeting: Déjà Vu All Over Again?

The National Oceanic and Atmospheric Administration instituted a Planning, Programming, Budgeting, and Execution System (PPBES) in 2002. As supplemented by matrix management, PPBES was appealing as an effort to rationalize the performance of an agency with an especially high degree of functional overlap among its component parts. Although PPBES has had some salutary effects, the agency's experience to date consistent with accounts of the difficulties that led to the abandonment of program budgeting by the civilian bureaucracy almost 40 years ago. As such, it speaks to the limits of performance assessment as a means of reallocating resources and responsibilities across organizational boundaries.     

A Mediator on the World Stage?—How the EU's Commitment in Foreign Affairs is Portrayed by New Zealand and Australian Media

Abstract: ‘European identity’ is as much a contested concept as is the role of the European Union in foreign affairs. This article combines the two concepts and introduces a third variable, ‘the Other’, in order to address the following questions: How do non‐Europeans perceive the EU on the world stage? Is a tentative identity as a mediator in foreign affairs conveyed in the EU's conduct of foreign policy? Analysing 10 newspapers, 4 television bulletins, and 830 public surveys from Australia and New Zealand in the first half of 2004, this article argues that the EU's efforts to further democracy and peace are often marginalised in Australian and New Zealand perceptions. Nevertheless, subtle traces of perceptions of the EU as a potent global actor promoting human rights and environmental sustainability and challenging unilateral US policy courses were detected.     

Euthanasia and assisted suicide: a liberal approach versus the traditional moral view

Within the context of the debate over the recent suspended sentence given to John Stuart Godfrey by Underwood J in the Supreme Court of Tasmania for assisting his elderly mother with her suicide, this article examines some of the more popular arguments for and against the moral acceptability of euthanasia and assisted suicide. This article considers the arguments put forward on the "difference principle" by Rachels and Nesbitt before critically examining the liberal approach to the euthanasia issue as proposed by Kuhse. It is argued that whilst Kuhse is correct to reject the difference principle, she does so for the wrong reasons. The penultimate section of the article provides an overview of the traditional moral view against killing. The final part assesses whether the arguments put forward by proponents of the liberal approach are capable of overcoming this view.     

The intersection of race and gender: an examination of sentencing outcomes in North Carolina

This study examines the intersection of offenders’ race and gender in the sentencing process using data on felony cases sentenced in North Carolina. Analyses examine the likelihood that charges were reduced in severity between initial filing and conviction, the likelihood of imprisonment, and the length of sentence imposed, and test whether race affects punishment similarly for men and women. Results indicate that status characteristics predict both reductions in charge severity and the severity of the final sentence, and that racial disparity is conditional on gender. However, the results are not entirely consistent with predictions derived from the extant literature. Gender significantly predicts case outcomes at each stage, but black men were not uniformly disadvantaged, and black women received the least severe treatment in two out of four analyses. Theoretical implications for the intersection of race and gender in sentencing theories are discussed.     

The "last vestiges of life"

On 4 June 2010, Deputy State Coroner Schapel of the Coroner's Court of South Australia ruled that he had jurisdiction to conduct an inquest into the death of Tate Spencer-Koch, who was declared deceased following complications during her home-birth. Coroner Schapel considered he had jurisdiction on the basis that Tate was a "person in the eyes of the law" under the born alive rule, as she had completely left her mother's body and she could be shown to have been alive after birth, evident from the PEA detected in her heart 10 minutes following her delivery. Close consideration of this ruling, however, reveals issues with the application of the born alive rule in the case.