Law and Crime

Trade Marks Function, Don’t They? CJEU Jurisprudence and Unfair Competition Principles
Few issues have raised as much controversy in trade mark law and policy as the case law of the Court of Justice of the European Union (CJEU) on trade mark functions. Enthusiastically greeted by some, others consider it disastrous in regard to reasoning and effect. The EU Commission has stepped in, first by filing a brief with the CJEU, then by way of proposed legislation that is supposed to pus...


A Comparative Analysis of the Three-Step Tests in International Treaties
Much of the literature on the three-step test focuses on its implementation in relation to one particular intellectual property regime only, usually copyright. That approach tends to limit analysis of the test to a comparison of the different steps of the test with each other. Such an approach is valuable, but it does not provide the full picture. What is missing is a comparison of the same ste...
Limiting Jurisdictional Fragmentation in International Trade Disputes
There is an increasing risk of overlapping jurisdictions and conflicting decisions due to the growth of preferential trade agreements (PTAs) containing dispute settlement mechanisms. This study examines legal techniques to be used for dealing with conflicts of jurisdictions and other ways of promoting coordination between forums. Based on an analysis of principles of international law applied b...


Priority and rescue financing in the Commonwealth Caribbean: lessons from the United States of America, United Kingdom and European Union
In investigating the operation of the rescue culture in the Commonwealth Caribbean as compared to the United Kingdom administration regime and Chapter 11 of the United States Bankruptcy Code, this paper laments that the Commonwealth Caribbean and the USA fail to consider key issues of post-petition priority for finance. It also delves into a critical, but overlooked, pillar of strong rescue fra...
Intoxication as a defence to murder in Seychelles
In Seychelles, the mens rea of murder can be established, as an alternative to an intention to cause death or grievous harm, on the basis of the defendant’s ‘knowledge’ that the act or omission causing death will probably cause death or grievous harm. However, a defendant is only allowed to plead intoxication as a defence where it had become impossible for him to form the necessary ‘int...


Relationship between representation formulas for unique regularized solutions of inverse source problems with final overdetermination and singular value decomposition of input-output operators
In this paper, the relationship between representation formulas for unique regularized solutions of inverse source, as well as backward problems with final overdetermination for evolution equations and singular value decomposition (SVD) of corresponding input–output operators, is analysed. For each considered inverse problem this representation formula is derived via the solution of appro...
Citizens United, Independent Expenditures, and Agency Costs: Reexamining the Political Economy of State Antitakeover Statutes
We test the agency theory of corporate political activity by examining the association between the legality of independent expenditures and antitakeover lawmaking in the US states. Exploiting changes in state law regarding the use of corporate independent expenditures in the pre-Citizens United era, we estimate that a state is more likely to pass antitakeover statutes that entrench management w...

Philadelphia area residents' views on the disproportionate representation of blacks and Hispanics in the criminal justice system
Using open-ended survey questions, this study looks to expand on prior race and crime public opinion research by examining Philadelphia area residents' views as to why they believed Blacks and Hispanics are overrepresented in the criminal justice system. The results reveal that Philadelphia citizens do have distinct opinions, in that a majority of participants discussed several contributing fac...
Islamic Terrorism and the Malian Rebellion
Using Social Network Analysis, this article illuminates the relationship between the Islamists and rebels involved in the Malian conflict. We use publicly available data to demonstrate that the connection between Islamists and rebels depends on brokers who defected from the Tuareg rebellion to radical groups. Our work also details the internal relationships within each of the subgroups. By usin...

Four Key Challenges to the Successful Criminalization of Cartel Laws
This article draws on the UK’s decade long experience of adopting and enforcing a criminal cartel offence in relation to individuals. It identifies four key challenges to the successful criminalization of cartel laws. These related to: (i) the legitimacy of criminalization; (ii) problems associated with leniency; (iii) the cost of enforcement; and (iv) issues relating to international enf...
The Effect of Organizational and Environmental Factors on Police Misconduct
This study analyzes the association between police organizational and environmental factors and police misconduct using data derived from the new National Police Misconduct Statistics and Reporting Project (2009–2010). Our use of this data set affords us the opportunity to measure police misconduct with much greater breadth than in previous studies. A negative binomial regression analysis...

Complicit in Their Own Demise?
Violent hazing has been a longstanding issue within African American, collegiate fraternities and sororities, otherwise known as black Greek-letter organizations (BGLOs). This article investigates how and what hazing victims know about their hazing experiences. Additionally, the article examines how victims' knowledge of hazing may hold serious implications for tort defense doctrines like assum...
The Molecular Evolution of Cytochrome P450 genes within and between Drosophila species
We map 114 gene gains and 74 gene losses in the P450 gene family across the phylogeny of twelve Drosophila species by examining the congruence of gene trees and species trees. While the number of P450 genes varies from 74-94 in the species examined, we infer that there were at least 77 P450 genes in the ancestral Drosophila genome. One of the most striking observations in the data set is the el...
From Only the 'Bottom-up'? Legitimate Forms of Judicial Reasoning in Private Law
This article explores the dichotomy between ‘bottom-up’ and ‘top-down’ legal reasoning in the private law context. It considers the High Court of Australia’s recent allegations that: first, ‘top-down’ legal reasoning is illegitimate in private law judicial decision-making; secondly, any arguments adopting this reasoning structure are unacceptable, such ...
Corporate Governance of Chinese State-controlled Listed Companies: A Revisit Through the Lens of Venture Capital
In China, state-controlled listed companies (SCLCs) refer to a type of Chinese domestically listed companies half of whose voting shares are held by Chinese governments or their wholly owned companies, or the resolutions of whose shareholder meetings can be substantially influenced by Chinese governments or their wholly owned companies despite the fact that the voting shares held by them accoun...