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SocArXiv papers

  • Subaltern's image and the real: an inquiry
    For last few decades post-colonial studies has been one of the ruling framework for cultural theory in Indian subcontinent. In search for the subaltern we mostly can not articulate ourselves as theory. Our inquiries in to the epistemic domain (‘What can we know of the subaltern?’), the metaphysical domain has largely gone unanswered (‘What makes the subaltern possible?’). Here I would like to propose that the solution lies in our proleterization process. In this article I give an outline of just such a theoretical framework, harnessing the theoretical kernel of Marx, Hegel, Lacan and Zizek.
  • Universal Economic Plan Based Law Constitutions of Kingdom and Nations
    In this work, touched on some social issues whatever the result, and a raising awareness was aimed by some new technological upgrades for vital infrastructures of states, social order and economic plan. The main aim is one world order which has no king and accepts nations as local governances as a requirement of hierarchical order. It is completely based on economic benefits of all nations as there is no alternative to establish a healthy economic order as economic management is directly related with laws. As the important is a law exists or not, or is just or not for justice, also it encourages to develop organic laws in state institutions as it recognizes any state institution as autonomous. This building does not stipulate working and military service; promises that no charge for houses, energy, education, judgment, security, health care, public transport, marriage; promises removing armies limited manner, removing nuclear weapons and establishing in space but the special conditions.
  • A dasymetric method to apportion tornado casualty counts spatially
    This paper describes a dasymetric technique to spatially apportion casualty counts from tornado events in the U.S. Storm Prediction Center's database. Apportionment is performed with respect to the proportion of damage path area and to the underlying population density. The method is illustrated with raster grids on tornadoes occurring between 1955 and 2015 within the most tornado-prone region of the United States. Validation of the results using county- and grid-level data reveals strong correlation between dasymetric estimated and location-specific counts. On a broad spatial scale the method provides a better estimate of where casualties have occurred than counting the number of casualty-producing tornadoes. Case studies using the 1974 Xenia, OH and the 1994 Piedmont, AL tornadoes highlight limitations of the method and indicate that results will be improved with more precise tornado path information. Future work that includes socioeconomic variables (demographics, ethnicity, poverty and housing stock/value) might allow populations to be profiled with regards to vulnerability.
  • Insecure People in Insecure Places: The Influence of Regional Unemployment on Workers’ Reactions to the Threat of Job Loss
    Social comparison theory predicts that unemployment should be less distressing when the experience is widely shared, but does this prediction extend beyond the unemployed to those who are at risk of job loss? Research demonstrates a link between aggregate unemployment and employed individuals’ perceptions of job insecurity; however, less is known about whether the stress associated with these perceptions is shaped by others’ unemployment experiences. We analyze a nationally representative sample of Canadian workers (CAN-WSH study; N=3,900) linked to census data, and test whether regional unemployment influences the mental health consequences of job insecurity. Multilevel analyses provide more support for the social norm of insecurity hypothesis over the amplified threat hypothesis: the health penalties of job insecurity are weaker for individuals in high unemployment regions. This contingency is partially explained by the ability of insecure workers in poor labor market contexts to retain psychological resources important for protecting mental health.
  • Limited Intersectional Approaches to Veteran and Former Prisoner Reintegration: Examining Gender Identity and Sexual Orientation
    Recent legal and policy changes within two prominent institutions, the military and criminal justice system, have profoundly altered the visibility – and subsequent rights – of lesbian, gay, bisexual, and transgender (LGBT) service members and those currently incarcerated. Comparing these two institutions side-by-side illustrates how LGBT inequality mechanisms operate at both an individual and systemic level. Both the military and criminal justice system are total, hypermasculine institutions, both are socially concentrated experiences, both end with a changed relationship with the state, and both veterans and those formerly incarcerated have comparable challenges to reintegration upon returning to their communities. Intersectional analysis provides an apt tool to critically examine how reintegration processes differ for those identifying as LGBT. I examine ways in which existing literature is intersectional and highlight the lack of analyses about systems of power that amplify or moderate former prisoner re-entry and veteran transition for those identifying as LGBT. Finally, I discuss why there may be a lack of attention to intersectionality, and specifically to LGBT individuals, in the literature and address how an intersectional framework would contribute to both public policy and to expanding the existing literature on social inequality and stratification.
  • McDonald et al -- Hunt for Red Flags
    This study uses qualitative interviews with 31 human resource professionals to examine how they weigh the usefulness as well as the discriminatory potential of evaluating job candidates based on information obtained from the Internet. Results show that most HR professionals value social media and online search data, though some question its accuracy and usefulness. The majority recognize that because online information emphasizes personal and ascribed traits, it can potentially result in hiring discrimination. They use four strategies to cope with this discriminatory potential. Two strategies downplay the importance of online information by constructing it as the responsibility of individual job candidates and its role in hiring as marginal. Two other tactics involve guarding against discrimination, but in individualized and rather passive and post-hoc ways. Findings contribute to our knowledge of the organizational and labor market dynamics that contribute to inequality in the face of exogenous technological change and field-level uncertainty.
  • Diversity erfassen: Statistische Diversitätsindizes
    Dieses Kapitel stellt die statistische Erfassung von Diversity vor. Es umfasst zunächst konzeptionelle Überlegungen zur Definition von Diversität und führt die drei Dimensionen ein, aus denen Diversität sich zusammensetzt: Balance, Variabilität und Disparität. Es werden sodann statistische Diversitätsindizes erläutert, die diese drei Dimensionen in einer Diversitätsmaßzahl auszudrücken versuchen. Die gängigen Diversitätsindizes messen jedoch die Vielfalt oder Verschiedenartigkeit der Bevölkerung nur im Hinblick auf eine Eigenschaft, wie etwa Nationalität oder Religion. In einem kurzen Abschnitt wird daher auch auf Faultline- bzw. Kreuzkategorisierungsindizes eingegangen, die – ganz der Idee der Intersektionalität entsprechend – die Überlappung verschiedener Eigenschaften in einer Population erfassen.
  • Can competing diversity indices inform us about why ethnic diversity erodes social cohesion? A test of five diversity indices in Germany
    An ever-growing number of studies investigates the relation between ethnic diversity and social cohesion, but these studies have produced mixed results. In cross-national research, some scholars have recently started to investigate more refined and informative indices of ethnic diversity than the commonly used Hirschman-Herfindahl Index. These refined indices allow to test competing theoretical explanations of why ethnic diversity is associated with declines in social cohesion. This study assesses the applicability of this approach for sub-national analyses. Generally, the results confirm a negative association between social cohesion and ethnic diversity. However, the competing indices are empirically indistinguishable and thus insufficient to test different theories against one another. Follow-up simulations suggest the general conclusion that the competing indices are meaningful operationalizations only if a sample includes: (1) contextual units with small and contextual units with large minority shares, as well as (2) contextual units with diverse and contextual units with polarized ethnic compositions. The results are thus instructive to all researchers who wish to apply different diversity indices and thereby test competing theories.
  • Inter-Ethnic Neighbourhood Acquaintanceships of Migrants and Natives in Germany: On the Brokering Roles of Inter-Ethnic Partners and Children
    Since Allport, social scientists emphasise the importance of personal inter-ethnic contact for overcoming prejudices and enhancing social cohesion in mixed societies. But why do some people have more contact to their neighbours of other ethnicity? Using new data from a large-scale German survey, I analyse the brokering roles of children and inter-ethnic partners in explaining inter-ethnic neighbourhood acquaintanceships. Even on a contextual level, my results suggest that people living in regions with larger shares of children have more inter-ethnic neighbourhood acquaintances, which expands earlier findings on the general integrating function of children. However, I also argue that we should recognise brokering to be context-specific and exemplify this by showing how the brokering role of inter-ethnic partners shows particularly in interaction with inter-ethnic encounters at local bars and restaurants, while that of children shows particularly given frequent inter-ethnic encounters at public parks and playgrounds. More importantly, the brokering role of children only shows in interaction with the frequency of inter-ethnic encounters at local parks and playgrounds. On a theoretical level, my results demonstrate the importance of studying the interaction of mechanisms in explaining personal (inter-ethnic) contact.
  • Which groups are mostly responsible for problems in your neighbourhood? The use of ethnic categories in Germany
    Why and under which conditions do people employ ethnic categories rather than others (such as age, class, gender, and so on) to conceptually organize their social environment? This paper analyses an open-ended question on who is seen as responsible for neighbourhood problems taken from a recently conducted large-scale survey in Germany. Thereby, this study tries to give novel insight on native German’s use of ethnic folk classifications and aims to identify contextual factors that might explain why people characterize problem-groups in ethnic terms. This paper shows that drunkards, elderly and especially teenagers are more frequently seen as problem-group than any ethnic minority. Conditions of economic decline and out-group size are analysed as to whether they are associated with a higher likelihood to use ethnic categories. The findings suggest that the effects of out-group size are diminishing in their impact, whereas the effects of economic decline are accumulating in strength.
  • Status Aspirations and Perceived Discrimination
    Based on the ‘integration paradox’ and other literature, this article asks why it is that ethnic boundaries increase in perceptual salience and contestation, while they factually decline. As an answer, it proposes that perceived discrimination increases with unfulfilled aspirations. Analyses based on the six-country comparative EURISLAM survey data of Muslim persons of immigrant origin support the argument: status aspirations as indicated by parental education positively predict perceived discrimination. Moreover, the relation is particularly pronounced among the less educated (as compared to the highly educated) who arguably failed to realize their (parents’) status aspirations. Parental education is also a stronger predictor of perceived discrimination among respondents who regard making their parents proud an important goal in life. A robustness replication and falsification test based on the IAB-GSOEP Migration Sample reconfirms these results.
  • Does Opening Complaints Data Change Company and Consumer Behavior? Evidence from the Consumer Financial Protection Bureau
    I analyze a technological change which improved the public monitoring of financial customer treatment. This major assessment of the Consumer Financial Protection Bureau is based on its exposing credit card-related complaints online while keeping mortgage-related complaints concealed. Exposed companies were more likely to close complaint files while providing explanations and relief to aggrieved consumers and in a timely manner. The transparency policy seems uncompromised by economic inequality. Consumers procrastinate in reporting exposed banks while rewarding exposed banks for their improved behavior with new accounts. Debt remained generally stable. Surprisingly, both consumers and banks benefit when offending banks are exposed online.
  • Extended Kin and Children’s Behavioral Functioning: Family Structure and Parental Immigrant Status
    Using the Los Angeles Family and Neighborhood Survey (L.A. FANS), this paper examines the association between the presence of co-resident extended kin and children’s internalizing and externalizing behaviors. The paper demonstrates the differential role of extended kin by family structure, as well as across parental immigrant status – specifically, nativity and documentation status. Children in the sample were found to be disadvantaged in extended family households, especially with regard to internalizing behaviors. This disadvantageous association was found mostly among married-parent extended family households, whereas there was no association between the presence of extended kin and behavior problems in children from single-parent families. This pattern emerged more clearly among children of documented immigrants, compared to those with native-born parents and those whose parents were unauthorized immigrants. These findings suggest a need to modify previous theories on extended family living arrangements; they also provide policy implications for immigrant families.
  • Intellectual Property and Climate Change: Inventing Clean Technologies
    Book. Rimmer, Matthew (2011) Intellectual property and climate change: Inventing clean technologies. Edward Elgar, Cheltenham (UK) and Northampton (Mass.).
  • Economies of Score
    To introduce a novel generalization of economies of scope, the paper develops a theory of average cost reductions based on enabling products to have multiple features or functions. The process is labelled economies of score. Focusing production costs on the details of product features can lead to more significant average cost reductions relative to standard economies of scope and scale. The multifeatured product is a network graph represented with a binary decision diagram that describes product feature integration for each product. A feature equilibrium is defined. Evidence suggests that the approach is apt for describing smartphone-app industrial organization.
  • Book Review: The left side of history: World War II and the unfulfilled promise of Communism in Eastern Europe by Kristen Ghodsee
    Social Anthropology/Anthropologie Sociale 24 (2): 257–258. doi: 10.1111/1469-8676.12244
  • Multiple diffractometry as a tool for archaeomineralogy
    Multiple diffractometry as a tool for archaeomineralogy
  • Multispectral negatoscope as a tool for archaeomineralogy
    Multispectral negatoscope as a tool for archaeomineralogy
  • Spectrochemistry as a tool for archaeomineralogy
    spectrochemistry in archaeomineralogy.pdf
  • An introduction to bioinformatics algorithms for mathematical linguists
    An introduction to bioinformatics algorithms for mathematical linguists
  • Educação e Tecnologia: questões críticas
    O uso de tecnologias digitais é um componente central da maior parte das formas de oferta e prática educacionais contemporâneas. Crucialmente, a tecnologia educacional é agora um negócio multibilionário que envolve corporações globais em nível de práticas e provisão locais. A necessidade de se questionar criticamente a Educação e a Tecnologia é mais premente do que nunca. Este capítulo apresenta algumas questões fundamentais que precisam ser verbalizadas diante de tais avanços. Em particular, retoma os sete desafios críticos propostos pelo teórico das mídias Neil Postman. Ainda que Postman tenha se preocupado com o efeito dos computadores e da Internet nas escolas durante a década de 1990, seus argumentos permanecem relevantes em nossa era de smartphones, big data e computação em nuvem. O texto examina as implicações dessa linha de questionamento crítico para a compreensão do estado atual da Educação e Tecnologia. Essas são discutidas em termos de: tópicos centrais; atores e interesses chave; métodos de investigação; e decorrências prováveis de se questionar criticamente a educação e tecnologia.
  • Education and technology: critical questions
    The use of digital technology is a central component of most forms of contemporary education provision and practice. Crucially, educational technology is now a multi billion dollar business – involving global technology corporations in local educational provision and practice. The need for critical questions to be asked of education and technology is more pressing than ever. This chapter lays out some fundamental questions that need to be voiced in the face of such advances. In particular, it reconsiders seven critical challenges raised by the media critic Neil Postman. While Postman was concerned with the effect of computers and the internet on schools in the 1990s, much of what he argued for could be seen as having continued relevance to our current era of smartphones, big data and cloud computing. The chapter outlines the implications of these lines of critical questioning for making sense of the current state of education and technology. These are discussed in terms of: central topics of concern; key actors and interests; methods of inquiry; and likely outcomes of asking critical questions of education and technology.
  • The Future for Cosmopolitan Social Democracy
    Discussion of cosmopolitan social democracy
  • Cosmopolitanism and Global Politics
    On cosmopolitan approaches to global politics
  • The use of informative priors and Bayesian updating: implications for behavioural research
    The stereotype threat literature has become one of the latest in behavioural research to be accused of publication bias. By simulating datasets based on this literature, we examine how using different methods of statistical analysis affect the development of a field of research. Specifically, we consider how different analysis techniques can result in certainty or uncertainty about the true presence of an effect in a population. We simulated 30,000 datasets in total and compared four different analyses including commonly used frequentist methods (ANOVA and a generalized linear mixed model), as well as more novel Bayesian methods. We found that using posterior passing, a Bayesian approach in which past experiments inform subsequent analyses, allowed the true effect in the population to be found with higher certainty and accuracy than all other analysis types. We conclude that different statistical methods have important effects upon the ability of a literature to reliably come to accurate conclusions, in particular we suggest that using informative priors could help researchers to be more certain about the presence of a true effect in a population. We suggest that the use of informative priors better reflects the cumulative nature of scientific research than the current norm of null hypothesis significance testing.
  • When Wealth Encourages Individuals to Fight: Evidence From the American Civil War
    How does personal wealth shape an individual's decision to abandon the democratic process and participate in violent rebellion? Studying the American Civil War and the atrocity of human slavery, we offer competing theoretical accounts for how we should expect individual wealth, in the form of land and slaves, to affect white men's decisions to join the Confederate Army. To resolve these disagreements, we assemble a dataset on roughly 3.9 million white citizens in Confederate states, and we show that slaveowners were more likely to fight in the Confederate Army than non-slaveowners. To see if these links are causal, we exploit a randomized land lottery in 19th-century Georgia. Households of lottery winners owned more slaves in 1850 and were more likely to have sons who fought in the Confederate Army than were households who did not win the lottery. The findings add nuance to our understanding of the relationship between individual wealth, political institutions, and the propensity to engage in civil conflict. Although in general wealthier individuals are less likely to fight in such conflicts, when their wealth is tied to existing institutions that civil conflict threatens, they may in fact be more likely to fight.
  • Vidéoformation « orientée-activité » : quelles utilisations pour quels effets sur les enseignants ?
    L’émergence relativement récente des entrées « analyse de l’activité » dans le champ de la formation des enseignants a contribué à relancer et renouveler la conception et l’utilisation de dispositifs vidéo (Leblanc & Veyrunes, 2012). Parmi eux, la plateforme Néopass@ction propose notamment des ressources basées sur une modélisation des transformations de l’activité des enseignants débutants visant à aider les formés à analyser des situations de classe réelles et fréquemment rencontrées. En favorisant de cette manière l’instruction de problèmes typiques de l’entrée dans le métier, les concepteurs postulent que les formés peuvent transformer leur propre activité en classe. En outre, un programme de recherche en analyse de l’activité vise à déterminer quels sont les effets réels de ce type de vidéoformation (Ria & Leblanc, 2011 ; Flandin & Ria, 2014a). Cet article se propose d’en synthétiser et comparer les résultats selon trois axes analytiques : a) la « mise en relation » de l’activité visionnée par le formé avec sa propre activité de travail ; b) les processus de transformation de cette activité et c) les conditions technologiques les favorisant. Ces résultats nous permettent de proposer ensuite un méta-modèle plus générique des apports du « voir » pour le « faire », s’appuyant sur les dimensions anthropologiques et technologiques de l’activité humaine médiatisée. Cette dernière partie discute les conditions à mettre en œuvre en vidéoformation pour contribuer à des transformations majorantes de l’activité des enseignants.
  • Non-consensual porn and the responsibilities of online intermediaries
    This paper considers the legal options of victims of the non-consensual distribution of sexually explicit media - sometimes known as 'revenge porn'. The ALRC has called for Australia to introduce a new tort for serious invasions of privacy, and the Senate Legal and Constitutional Affairs Committee has recently reinforced the need for stronger penalties. A private members' Bill was introduced in the last Federal parliament, but has since lapsed. Each of these proposals focuses primarily on the wrongful acts of the perpetrator. As a deterrent and a strong signal of social opprobrium, they may be partially effective. They do not, however, consider in detail how victims may be able to seek some relief once material has already been posted online. In this paper, we consider explicitly what role internet intermediaries should play in responding to abuse online. The challenge in developing effective policy is not only to provide a remedy against the primary wrongdoer, but to impose some obligations on the platforms that host or enable access to harmful material. This is a difficult and complex issue, but only by engaging with this process are we likely to develop regulatory regimes that are likely to be reasonably effective.
  • Preliminary report on the 2008 and 2009 excavation seasons at Jiyeh (Porphyreon)
    Report from archaeological excavations in 2008 and 2009 carried out at the coastal site of Jiyeh in Lebanon, following up on earlier investigations, by Polish archaeologists.Remains of late Roman –Byzantine dwellings in the central part of the site, excavated originally by a Lebanese mission in 1975, were re-explored including documentation of finds in local museum collections, said to have come from these excavations. Testing in this part of the habitation quarter produced a provisional stratification, from the Iron Age (8th–7thcentury BC) directly on bedrock, through the Persian–Hellenistic period (5th–2nd centuries BC) to the late Roman–Byzantine age when the quarter has reoccupied. A curious feature consisting of pots sunk in the floor in several of the late Roman and Byzantine-age houses is discussed in the first of two appendices. The other appendix treats on stone thresholds from these houses, five types of which have been distinguished, reflecting different technical solutions used to close doors
  • Estimating age- and sex-specific mortality rates for small areas with TOPALS regression: an application to Brazil in 2010
    High sampling variability in recorded vital events creates serious problems for small-area mortality estimation. Many existing approaches to fitting local mortality schedules, including those most often used in Brazil, estimate rates by making rigid mathematical assumptions about local age patterns. Such methods assume that all areas within a larger area (for example, microregions within a mesoregion) have identically-shaped log mortality schedules by age. We propose a more flexible statistical estimation method that combines Poisson regression with the TOPALS relational model (DE BEER, 2012). We use the new method to estimate age-specific mortality rates in Brazilian small areas (states, mesoregions, microregions, and municípios) in 2010. Results for Minas Gerais show notable differences in the age patterns of mortality between adjacent small areas, demonstrating the advantages of using a flexible functional form in regression models.
  • California Restrictive Employment Covenants After Edwards
    In Edwards v. Arthur Andersen, the California Supreme Court reaffirmed the state's strong policy against noncompetition agreements, rejecting the Ninth Circuit's "narrow restraint" exception. We explain what the Court did, why California's policy makes sense, and what the opinion will mean for employers, for the high-tech industry, and for trade secret law.
  • How Information Shapes Portfolio Allocation During Financial Crises
    During financial crises individual investors modify their portfolio allocation to decrease their exposure to more risky investments such as equities. Most recent empirical analyses of this phenomenon have focused on changes in risk attitudes, and in risk and return expectations but, so far, inconclusive evidence has been provided that changes in those psychological variables play a causal role in the actual decision making at work. Furthermore, the duration of the phenomenon, which is very short, is often not considered and it is thus unclear why the situation recovers so quickly after crises. Relying on experimental data and on a simple agent-based model, we propose an alternative explanation of this phenomenon based on the interaction of the two most important phases that individuals undertake in decision making, namely (1) searching information about possible options and (2) selecting the preferred one. Our main result is that the observed reallocation of portfolios in times of crisis is not the result of a portfolio reassessment driven by the crisis but it is instead explained by changes in search behavior for information on specific market conditions.
  • Digital Exhaustion
    As digital networks emerge as the dominant means of distributing copyrighted works, the first sale doctrine is increasingly marginalized. The limitations first sale places on the exclusive right of distribution are of little importance when the alienation and use of copies entails their reproduction. This fact of the modern copyright marketplace has led to calls for statutory clarification of digital first sale rights. Acknowledging the obstacles to legislative intervention, this Article argues that courts are equipped today to limit copyright exclusivity in order to enable copy owners to make traditionally lawful uses of their copies, including resale through secondary markets. We argue that first sale is not simply an isolated limitation on the distribution right. Instead, it is a component of a broader principle of copyright exhaustion that emerges from early case law preceding the Supreme Court’s foundational decision in Bobbs-Merrill v. Strauss. This context reveals a common law of copyright exhaustion that embraces a set of user privileges that includes not only alienation, but renewal, repair, adaptation, and preservation. Despite congressional recognition of exhaustion in sections 109 and 117 of the Copyright Act, this Article concludes that courts have ample room to apply and continue to develop common law rules that preserve the many benefits of the first sale doctrine in the digital marketplace.
  • In Living Color: Crystal Bridges and its American Color Plate Collection
    Since opening, Crystal Bridges has generated a great deal of interest from the public and cultural institutions. From the construction of a 185,000 square foot facility in the bottom of a ravine, to the much-discussed art acquisitions and features in national media, this attention is hardly surprising. However, beyond the building and the art, Crystal Bridges also has an art research library with many rare books and the most important collection of American color printed books in North America. These diverse resources presented unique challenges to the librarians, as well as to the cataloger, specifically in accurately researching and describing these significant items.
  • Economic Factors and Relationship Quality Among Young Couples: Comparing Cohabitation and Marriage
    Are economic resources related to relationship quality among young couples, and to what extent does this vary by relationship type? To answer these questions, we estimated regression models predicting respondent reports of conflict and affection in cohabiting and married partner relationships using the National Longitudinal Study of Youth, 1997 (NLSY97, N = 2, 841) and the National Longitudinal Study of Adolescent Health (Add Health, N = 1, 702). We found that economic factors are an important predictor of conflict for both married and cohabiting couples. Affection was particularly responsive to human capital rather than short-term economic indicators. Economic hardship was associated with more conflict among married and cohabiting couples.
  • The Control of Managerial Discretion: Evidence from Unionization's Impact on Employment Segregation
    Does limiting managers’ discretion limit organizations’ scope for discrimination? Social-psychological research argues that it limits opportunities to exercise cognitive biases. Organizational research has found that formal personnel practices that establish accountability for workplace diversity have increased women and minority representation in management. However, drawing causal inferences from such studies is complicated because adopting such policies may be endogenous to the firm’s wish to hire and promote women and minorities. This study uses unionization elections to conduct a regression-discontinuity test from which stronger causal inferences can be made. I find that while unionization is associated with more representative workplaces and more women and minorities in management, these effects disappear close to the discontinuity threshold. Most of the effects of unionization on workforce diversity may be attributable to the unobserved drivers of selection into unionization. This has similar implications for the causal effects of diversity policies adopted by managers.
  • Are Universities Patent Trolls?
    The confluence of two significant developments in modern patent practice leads me to write a paper with such a provocative title. The first development is the rise of hold-up as a primary component of patent litigation and patent licensing. The second development in the last three decades is the massive surge in university patenting. At the confluence of these developments is a growing frustration on the part of industry with the role of universities as patent owners. Time and again, when I talk to people in a variety of industries, their view is that universities are the new patent trolls. In this paper, I argue that Universities should take a broader view of their role in technology transfer. University technology transfer ought to have as its goal maximizing the social impact of technology, not merely maximizing the university's licensing revenue. Sometimes those goals will coincide with the university's short-term financial interests. Sometimes universities will maximize the impact of an invention on society by granting exclusive licenses for substantial revenue to a company that will take the invention and commercialize it. Sometimes, but not always. At other times a non-exclusive license, particularly on a basic enabling technology, will ultimately maximize the invention's impact on society by allowing a large number of people to commercialize in different areas, to try out different things and see if they work, and the like. University policies might be made more nuanced than simply a choice between exclusive and nonexclusive licenses. For example, they might grant field-specific exclusivity, or exclusivity only for a limited term, or exclusivity only for commercial sales while exempting research, and they might condition continued exclusivity on achievement of certain dissemination goals. Finally, particularly in the software context, there are many circumstances in which the social impact of technology transfer is maximized either by the university not patenting at all or by granting licenses to those patents on a royalty-free basis to all comers. Finally, I think we can learn something about the raging debate over who's a patent troll and what to do about trolls by looking at university patents. Universities are non-practicing entities. They share some characteristics with trolls, at least if the term is broadly defined, but they are not trolls. Asking what distinguishes universities from trolls can actually help us figure out what concerns us about trolls. What we ought to do is abandon the search for a group of individual companies to define as trolls. In my view, troll is as troll does. Universities will sometimes be bad actors. Nonmanufacturing patent owners will sometimes be bad actors. Manufacturing patent owners will sometimes be bad actors. Instead of singling out bad actors, we should focus on the bad acts and the laws that make them possible.
  • Marconi's Legacy: National Sovereignty Claims in Radio
    Abstract: Presented at the 1st COMMUNIA Workshop on "Technology and the Public Domain," NEXA Center for Internet and Society, Politecnico di Torino, Italy, 18 January 2008. Since early in the 20th century, national governments have asserted sovereignty over the electromagnetic spectrum. These assertions were initially embraced as a way to control the monopolistic ambitions and offensive business practices of the Marconi Wireless Telegraph Company. They are still the basis of radio regulation. However, as wireless communication moves to higher and higher frequencies - into the range of infrared (heat) and free space optics (light) - it is becoming obvious that claiming sovereignty over radio frequencies makes no more sense than claiming sovereignty over colors of the rainbow. Is radio legally different from light? If not, might we someday need government authorisation to use certain colors of light for certain purposes, as with the invisible colors of radio?
  • Grassroots Expertise at a New York City Community Board
    Democratic theory predicts that the use of expert knowledge can conflict with democratic participation in policy-making, but neighborhood-level participatory bodies in U.S. cities frequently deploy quantitative analysis and other forms of expertise as they engage land use processes. An ethnographic approach permits us to investigate the fine-grained human interactions around one such potentially problematic instance. Participatory observation and in-depth interviewing of board members and staff from a New York City community board in a low-income neighborhood show that they can partially overcome the challenge of expertise by developing their own technical capacity. Expertise enhances board members’ influence, but members nevertheless encounter difficulties, including the problem of simultaneously performing advisory and representative roles.
  • World Society and the Global Foreign Aid Network
    This article analyzes the relationship between foreign aid and globalization to explain developing country ties to world society and argues that foreign aid can be viewed as a recursive mechanism through which donor states refine and spread international norms and organizational ties. Using network data on foreign aid relationships between countries this article analyzes the effects of aid on human rights treaty ratification and international organization memberships in a sample of 135 less developed countries from the period of 1975-2008. Results of random effects panel regression models show that increased aid network centrality brokers increased country ties to world society, supporting a novel interpretation of foreign aid as a transnational process of political globalization.
  • Beyond Search Costs: The Linguistic and Trust Functions of Trademarks
    Modern trademark scholarship and jurisprudence view trademark law as an institution aimed at improving the amount and quality of information available in the marketplace by reducing search costs. By providing a concise and unequivocal identifier of the particular source of particular goods, trademarks facilitate the exchange between buyers and sellers, and provide producers with an incentive to maintain their goods and services at defined and persistent qualities. Working within this paradigm, this Article highlights that reducing search costs and providing incentives to maintain quality are related yet distinct functions and shows that recognizing their distinct nature enriches our understanding of trademark law. The Article first develops a distinction between two functions of trademarks: a linguistic and a trust functions. Then, the Article demonstrates how the distinction provides a matrix for evaluating the normative strength of various trademark rules and doctrines. Under this matrix, rules that promote both functions would be considered normatively strong; rules that promote neither function would be normatively weak; and rules that promote one function but not the other would be normatively ambiguous, their strength depending on the results of a closer cost-benefit analysis.
  • 'It Can't Be a Lie': The Wire as Breaching Experiment
    This is the final pre-publication chapter that Joe Soss and I published in *The Politics of *The Wire*: Everything is Connected *(2015).
    This research tries to examine comprehensively about the different concepts of village autonomy in Law Number 5 of 1979 and Law Number 6 of 2014. The results supposed to be contributed as scientific journal and other scientific work, which is valuable for scientific improvement in provincial autonomy law. It surely could be used by the local governments in Indonesia and hopefully in Asia as a framework to construct a strategic procedure of the village development. This study uses the conceptual approach and analysis approach as methods. The conceptual approach directed to examine the first legal issue related to differ autonomy concept in Law number 5 of 1979 and Law Number 6 of 2014 while the analytical approach is used for assessing the alignment of the concept of village autonomy in Law Number 6, 2014 with a constitutional mandate. Research activity begins with establishing the legal issue through review the primary legal materials, followed by research on secondary law as a theoretical source for legal analysis of emerging issues. Once the overall legal materials collected, the legal issues in the primary legal materials be analyzed. Upon analysis of the legal issues research reports which at the end of the report is concluded and recommended to the stakeholders concerned.
  • Rural waste generation : a geographical survey at local scale
    The paper examines the per capita waste generation rates from rural areas of Neamț County (Romania) using thematic cartography. The geographical approach to this issue is difficult because the lack of a geostatistic database at commune scale. Spatial analysis of waste indicators reveals several disparities between localities. Comparability of data between communes located in various geographical conditions must be carefully made according to local waste management systems. Several dysfunctionalities are outlined in order to compare these results, on the one hand, between localities, and on the one hand, between recent years. Geographical analysis of waste generation rates is imperative for a proper monitoring of this sector. Data from 2009, 2010 and 2012 shows that rural waste management is in a full process of change towards a more organized, stable and efficient system
  • No Need to Turn Bayesian in Multilevel Analysis with Few Clusters: How Frequentist Methods Provide Unbiased Estimates and Accurate Inference
    Comparative political science has long worried about the performance of multilevel models when the number of upper-level units is small. Exacerbating these concerns, an influential Monte Carlo study by Stegmueller (2013) suggests that frequentist methods yield biased estimates and severely anti-conservative inference with small upper-level samples. Stegmueller recommends Bayesian techniques, which he claims to be superior in terms of both bias and inferential accuracy. In this paper, we reassess and refute these results. First, we formally prove that frequentist maximum likelihood estimators of coefficients are unbiased. The apparent bias found by Stegmueller is simply a manifestation of Monte Carlo Error. Second, we show how inferential problems can be overcome by using restricted maximum likelihood estimators for variance parameters and a t-distribution with appropriate degrees of freedom for statistical inference. Thus, accurate multilevel analysis is possible without turning to Bayesian methods, even if the number of upper-level units is small.
  • The Goldilocks Theory
    Oman-Reagan Michael P. "The Goldilocks Theory." The Winnower. 2:e142974.49132. DOI: 10.15200/winn.142974.49132
  • Global Uniform Sales Law – With a European Twist? CISG Interaction with EU Law
    13 Vindobona Journal of International Commercial Law and Arbitration (2009), pp. 179-196 The paper investigates the interaction between the United Nations Convention on the International Sale of Goods of 11 April 1980 (CISG) and European Community law. It outlines the historical involvement of the European Community in the efforts to create a global uniform sales law (first through the Hague Sales Laws, then through the CISG), before elaborating on the way in which the CISG has influenced various law making efforts of the EU (the EC Consumer Sales Directive, the EC Late Payments Directive, other EC Directives, the ongoing plans to create a European 'Optional Instrument', and the revised rule on the jurisdiction of the courts at the place of performance under Article 5 No. 1 of the Brussels I Regulation). The final part of the paper concentrates on the influence the CISG has and could have on the interpretation of European Community law, and makes the case against the European Court of Justice's power of interpretation over the CISG.
  • The Quality of Quantity
    The field of Linguistic Landscapes has grown significantly from its beginnings in quantitative approaches concerned with the counting of languages and signs in the attempt to gauge linguistic vitality to a discipline in its own right, concerned not only with the documentation of languages’ public presence, but the complex relationship between language, place and people. This expansion in scope has, for the most part, moved away from quantitative methods in favor of more in-depth ethnographic approaches, situating the optimal analysis of the LL within careful consideration of the context(s) in which a sign may occur and/or bring about as well as the fluidity of interpretation researchers must allow in their assessments of signs’ significance (Banda and Jimaima 2015; Jaworski and Thurlow 2010; Malinowski 2010; Kallen 2010). In the face of such shifts towards contextualization over context or process over product, quantitative-based approaches which tend to rely on the establishment of discrete categories may be seen as problematic (Gorter and Cenoz 2015; Gorter 2006). This chapter, however, will argue that if enacted with caution and precision, quantitative methods – particularly the use of inferential statistics – continue to offer significant insight for LL research.
  • Why Pirates (Still) Won't Behave: Regulating P2P in the Decade after Napster
    Since the birth of Napster in 1999, corporate copyright owners have attempted to "govern" file sharing aggressively at three discrete points of intervention: the content level, the network level, and the user level. Their efforts have met with resistance at each of these points, however, because they have failed to appreciate the insight articulated by Michel Foucault that governing people, in the broad sense, is not only a matter of making them behave; it's also a matter of making them want to behave. This article surveys a decade's worth of anti-piracy regulation and examines the ways in which the entertainment industry's recourse to coercion at every point of intervention has functioned to undermine rather than advance the anti-piracy cause. Annemarie Bridy Professor|University of Idaho College of Law|PO Box 83720-0051|Boise, ID 83720|Ph. 208.364.4583 Affiliate Scholar|Stanford Center for Internet and Society Affiliate Fellow|Yale Information Society Project SSRN|HeinOnline|LinkedIn|Twitter
  • Deliberative Processes in Practice
    This chapter discusses the use of deliberative processes in policy making about bioethics, drawing more broadly on deliberative democracy theory and health policy. We discuss who runs deliberative processes and why, but are particularly concerned with what conditions are needed for deliberative processes to be successful. We note uncertainties and tensions that may be inevitable in meeting these conditions. Fairness and accountability emerge as themes in which these conditions can be grouped. For accountability in particular, understanding the policy context and motives for deliberative processes are essential to their evaluation.
  • How Religious Are American Women and Men? Gender Differences and Similarities
    Are women universally more religious than men? Some research on gender differences has argued that biology leads women to be innately more religious than men, but other research has highlighted the importance of avoiding universal claims and recognizing complexity. This brief note uses General Social Survey data to report gender differences in predicted religiosity by religious category across eight measures. In the United States, gender differences seem to be primarily a Christian phenomenon. While women reveal higher levels of religiosity across Christian groups, this trend does not extend to non-Christian groups. Furthermore, there is variation even among Christian groups, with women not revealing higher levels of religiosity for all measures. Nevertheless, there does seem to be a general trend for women to report daily prayer more often than men. These findings further problematize the idea that there are innate gender differences in religiosity rooted in biology, and provide a descriptive foundation for future attempts to explain why (American) Christian groups reveal gender differences in religiosity.
  • Anthropology of Outer Space: Familiar Scales, Strange Sites (CFP, AAA 2015)
    This panel aims to investigate the meanings, limits, and possibilities of expanding our anthropological fieldwork into space. At stake is an understanding of how human activity in space increasingly shapes possible human futures both on and off planet Earth. We ask: What are the constraints and potentialities of interrogating outer space in this emerging era of science, imagination, exploration, and settlement? Keywords: Robotics, History, Future Studies, Geography, Environmental Science, Physics, Space Sciences, Economics, Anthropology, Medical Anthropology, Political Economy, Ontology, Tourism Studies, Social Sciences, Political Ecology, Astrobiology, Exoplanets, STS, Environmental Sustainability, Social Studies Of Science, Astrophysics, Astronomy, Astroanthropology, Infrastructure, Call for Papers Please cite as: Oman-Reagan, Michael P. and Kira Turner. 2015. Call for Papers: “Anthropology of Outer Space: Familiar Scales, Strange Sites.” 114th Annual Meeting of the American Anthropological Association; Denver, Colorado. 18-22 November.
  • Pirates Versus Mercenaries: Purely Private Transnational Violence at the Margins of International Law
    Examines international law's application to maritime piracy and private military companies
  • Heterogeneity in Crowding-Out: When Are Charitable Donations Responsive To Government Support?
    De Wit, A., Bekkers, R., & Broese Van Groenou, M. (2017). Heterogeneity in Crowding-out: When Are Charitable Donations Responsive To Government Support? European Sociological Review, 33(1), 59-71.
  • Predictors of returns to work following retirement: A prospective analysis of Germany, Russia and the United Kingdom
    Aims: Individuals may return to paid work following retirement, a phenomenon described as “unretirement”. By following recent retirees over time in Germany, Russia and the United Kingdom, we examined whether unretirement is more common for people who are facing financial hardship. Methods: Data are drawn from four prospective surveys: the German Socio-Economic Panel Study (1991–2013), the Russian Longitudinal Monitoring Survey (1994–2013) and, for the United Kingdom, the British Household Panel Survey (1991–2008) and Understanding Society (2010–2014), harmonized ex post. Unretirement behaviour was examined using Cox regression in relation to demographic covariates, as well as education, health and financial adequacy. Findings: The cumulative hazard of unretirement attained around 17% among German participants, 26% among British participants and 42% among Russian participants after 20 years of follow-up. Males, younger and more educated retirees, in better health and with higher incomes were generally more likely to return to work. Participants who were more concerned about their finances were not more likely to unretire in Russia or the United Kingdom and were only more likely to return to work in Germany following adjustment for the other covariates. Conclusions: Unretirement was common, confirming previous largely North American studies depicting retirement as a fluid and flexible process. These results suggest that retired people represent a substantial pool of potential labour, but there was little indication that those most in need were unretiring, particularly in Russia and the UK. This suggests that encouraging greater reliance on employment in later life may cause hardship among older people unable to find suitable work and potentially exacerbate social inequalities.
  • General Intelligence & Early Life Friendships: An Analysis of Peer Similarity
    Research on the topics of general intelligence and friendship formation separately has elicited a tremendous amount of attention across decades of psychological scholarship. To date, however, less effort has been aimed at uniting these lines of inquiry. In particular, do friendship bonds emerge, based in part, on shared levels of cognitive ability? Several disparate lines of evidence suggest this might be the case, however, a need remains to replicate this work using large national samples coupled with psychometrically sound measurement. The current study helps to fill this void in the literature using a national sample of American respondents. Our results reveal that friendship dyads are robustly correlated on measures of general intelligence, and the effects withstand correction for potentially confounding variables.
  • NO TRUMP!: A statistical exercise in priming
    How are people unconsciously influenced by the rise of Donald Trump? We test the theory that Trump’s rise has irrationally changed the behavior of one group of people: elite bridge players, whom we assume are otherwise completely typical. We examine the hands played in one of the premier North American bridge events, the Vanderbilt Knockout Tournament, in 1999 and 2015. We find that players had significantly higher probabilities of making No Trump contracts in the 2015 period compared with the earlier periods. We conclude that in the latter period, defending players are subtly deranged by the prospect of Trump and play their hands worse. By contrast, a 2015 European tournament shows no significant difference with the earlier 1999 tournament. This strengthens our conclusion.
  • Black Lives Matter in Wikipedia: Collaboration and Collective Memory around Online Social Movements
    Social movements use social computing systems to complement offline mobilizations, but prior literature has focused almost exclusively on movement actors' use of social media. In this paper, we analyze participation and attention to topics connected with the Black Lives Matter movement in the English language version of Wikipedia between 2014 and 2016. Our results point to the use of Wikipedia to (1) intensively document and connect historical and contemporary events, (2) collaboratively migrate activity to support coverage of new events, and (3) dynamically re-appraise pre-existing knowledge in the aftermath of new events. These findings reveal patterns of behavior that complement theories of collective memory and collective action and help explain how social computing systems can encode and retrieve knowledge about social movements as they unfold.
  • Spillovers
    Economists since Demsetz have viewed property rights as a way to internalize the external costs and benefits one party's action confers on another. They have thought this internalization desirable, reasoning that if a party didn't capture the full social value of her actions she wouldn't have optimal incentives to engage in those actions. Measured by this standard, IP rights are inefficiently weak. There is abundant evidence that the social value of innovations far exceeds the private value. But there is also good evidence that, contrary to what economists might assume, these spillovers actually encourage greater innovation. The result is a puzzle for Demsetzians. In this article, we offer three insights that help to explain the positive role of innovation spillovers. First, we note that in IP, unlike real property, a wide range of externalities matter, because IP rights are much less certain than property rights, and because the decision to create a legal entitlement will determine whether or not a transaction must occur. Second, we make the point that while society needs some ex ante incentive to innovate, it doesn't need (and doesn't particularly want) full internalization of the benefits of an invention. Third, we observe that even where internalizing externalities is desirable, property rights do not in fact do so perfectly, and they create problematic distortions in circumstances in which the buyer in a transaction makes productive reuse of the work. The result of combining these insights is that at least where innovation is concerned, we cannot rely on the easy equation of property rights with efficient internalization of externalities.
  • Rationale of early adopters of fossil fuel divestment
    This research uses the social science perspectives of institutions, ecological modernization, and social movements to analyze the rationale used by the early-adopting universities of fossil fuel divestment in the US. Through analysis of qualitative data from interviews with key actors at the universities that divested their endowments from fossil fuels, I examine how institutions navigate competing logics and frame their rationale. The results show that while many institutions relied on ecological values embedded in their missions to justify their decision to divest, many also continued to embrace an altered version of market logic.
  • American Policing and the Danger Imperative
    Despite the fact that policing is growing safer in the United States, the danger associated with police work continues to structure departmental training and police behavior. This article describes how police are socialized into a cultural frame conceptualized as the "danger imperative"—the preoccupation with violence and the provision of officer safety—and the unintended, deadly consequences of their perception through it. Using nearly 1000 hours of participant observation and 94 interviews across three urban police departments, the author demonstrates that officers are formally and informally socialized into this frame, and learn both policy-sanctioned and policy-deviant behaviors to protect themselves from violence. However, policy-deviant behavior such as not wearing a seatbelt when driving, though justified as necessary to allow officers to defend themselves from violence, places officers at grave risk of injury and death in high-speed car crashes.
  • Intellectual Property, Antitrust, and the Rule of Law: Between Private Power and State Power
    This Article explores the rule of law aspects of the intersection between intellectual property and antitrust law. Contemporary discussions and debates on intellectual property (IP), antitrust, and the intersection between them are typically framed in economically oriented terms. This Article, however, shows that there is more law in law than just economics. It demonstrates how the rule of law has influenced the development of several IP doctrines, and the interface between IP and antitrust, in important, albeit not always acknowledged, ways. In particular, it argues that some limitations on IP rights, such as exhaustion and limitations on tying arrangements, are grounded in rule of law principles restricting the arbitrary exercise of legal power, rather than solely in considerations of economic efficiency. The historical development of IP law has reflected several tensions, both economic and political, that lie at the heart of the constitutional order of the modern state: the tension between the benefits of free competition and the recognition that some restraints on competition may be beneficial and justified; the concern that power, even when conferred in the public interest, can often be abused and arbitrarily applied to advance private interests; and the tension between freedom of contract and property and freedom of trade. This Article explores how rule of law considerations have allowed courts to mediate these tensions, both in their familiar public law aspects but also in their less conspicuous private law dimensions, and how, in particular, they have shaped the development of IP doctrine and its intersection with antitrust law and the common law.
  • Chefs Know More than Just Recipes: Professional Vision in a Citizen Science Game
    The main purpose of this study is to investigate players’ professional vision and interpret their use of recipes during their gameplay. The main research question is: What do players observe and do when they use recipes in their gameplay? To address this question, we examined the choices made by players solving two different kinds of puzzles, a beginner’s puzzle and an advanced one. Specifically, we studied when, how and why the players ran recipes when solving the puzzles, and what actions those recipes performed in the gameplay.
  • Project Risk Management Incorporating Knight, Ellsberg & Kahneman
    This work investigates the Practice Standard for Project Risk Management (PSPRM) in light of the fundamental organizational risk research. As a result of this investigation, the work finds that the PSPRM is lacking some key concepts from the extant organizational risk literature and that other fundamental risk concepts are not applied in a manner consistent with the literature. Building on these findings, the work illustrates how project risk management and project risk research might be effected by these deficiencies and recommends some simple measures that could be implemented to usefully augment the PSPRM and project risk research. Prpić, J., (2016). Project Risk Management Incorporating Knight, Ellsberg & Kahneman. Proceedings of the Hawaii International Conference on System Sciences #49. January 2016, Kauai, Hawaii, USA. IEEE Computer Society Press
  • The Marriage Wealth Premium Revisited
    This study examines the association between marriage and economic wealth of women and men. Going beyond previous research, which focused on household wealth, I examine personal wealth which allows identifying gender disparities in the association between marriage and wealth. Using unique data from the German Socio-Economic Panel Study (2002, 2007, 2012), I apply random-effects and fixed-effects regression models to test my expectations. I find that both, women and men, experience substantial marriage wealth premiums not only in household but also in personal wealth. I do not find consistent evidence for gender disparities in these general marriage premiums. Additional analyses indicate, however, that women’s marriage premiums are substantially lower than men’s premiums in older cohorts and when only considering non-housing wealth. Overall, this study provides new evidence that women and men gain unequally in their wealth attainment through marriage.
  • British Counterinsurgency in Malaya: Population Control, Intelligence and Military Operations
    An analysis of counterinsurgency operations in the Malayan Emergency.
  • Transformative Teaching and Educational Fair Use After Georgia State
    The Supreme Court has said that copyright’s fair use doctrine is a “First Amendment safety valve” because it ensures that certain crucial cultural activities are not unduly burdened by copyright. While many such activities (criticism, commentary, parody) have benefited from the courts’ increased attention to First Amendment values, one such activity, education, has been mired for years in a minimalist, market-based vision of fair use that is largely out of touch with mainstream fair use jurisprudence. The latest installment in the history of educational fair use, the 11th Circuit’s opinion in the Georgia State University e-reserves case, may be the last judicial word on the subject for years to come, and I argue that its import is primarily in its rejection of outdated guidelines and case law, rather than any affirmative vision of fair use, which the court studiously avoids. Because of the unique factual context of the case, it stops short of bridging the gap between educational fair use and modern transformative use jurisprudence. With help from recent scholarship on broad patterns in fair use case law, I pick up where the GSU court left off, describing a variety of common educational uses that are categorizable as transformative, and, therefore, entitled to broad deference under contemporary fair use doctrine. In the process, I show a way forward for vindicating fair use rights and First Amendment rights, by applying the transformative use concept at lower levels of abstraction to help practice communities make sense of the doctrine.
  • The Geographical Imagination
    Geographers attach multiple definitions to the term geographical imagination, many of which can be traced back to the work of Hugh Prince, David Harvey, and Derek Gregory. The term is most often used in relation to understandings of the landscape, the power of maps, studies of identity and oppression, and/or meanings of large territories as they relate to everyday lives such as the city, nature, or the nation-state. At its best, the geographical imagination affords the user ways to pry open the power of assumptions, stereotypes, and expectations associated with space and place, and to delve into how and why they are linked.
  • Antitrust Arbitration and Merger Approval
    In a string of recent opinions, the Supreme Court has made it harder for consumers to avoid arbitration clauses, even when businesses strategically insert provisions in them that effectively prevent consumers from being able to bring any claim in any forum. In American Express Co. v. Italian Colors Restaurant, an antitrust case, the Court held that class-action waivers embedded in mandatory arbitration clauses were enforceable even when they had the effect of making it economically irrational for the victims of antitrust violations to pursue their claims. Courts have long considered antitrust claims to be too complex and too important to trust to private arbitrators. By the 1980s, the Supreme Court permitted federal statutory rights, including antitrust claims, to be arbitrated so long as the plaintiffs could effectively vindicate their rights in the alternative forum. In 2013, the Supreme Court in Italian Colors fundamentally weakened the Effective Vindication Doctrine when it held that arbitration clauses that precluded class actions and classwide arbitration were enforceable even when they effectively prohibited all individual plaintiffs from bringing a case. Arbitration differs from litigation in ways that harm the interests of consumer antitrust plaintiffs. For example, arbitration limits discovery and has no meaningful appeals process. Furthermore, defendants use the terms in arbitration clauses to prevent class actions and to undercut the pro-plaintiff features of antitrust law, including mandatory treble damages, meaningful injunctive relief, recovery of attorneys’ fees, and a lengthy statute of limitations. With the Court’s undermining of the Effective Vindication Doctrine in Italian Colors, defendants’ efforts to dismantle these pro-plaintiff components of antitrust law may prove more successful in the future. The problems associated with antitrust arbitration are magnified in concentrated markets. Supporters of enforcing arbitration clauses assume that they these contractual provisions are the result of an informed, voluntary bargain. But when a market is dominated by a single supplier or a small group of firms, consumers often find it impossible to purchase a necessary product while retaining the right to sue, especially since arbitration clauses are generally embedded in contracts of adhesion. This means that in the markets most likely to be affected by antitrust violations, consumers are least likely to be able to avoid mandatory arbitration clauses. Furthermore, when mergers result in concentrated markets, they can increase the problems explored in Part Two. Antitrust authorities can address the problem of proliferating arbitration clauses. When evaluating mergers, officials at the Federal Trade Commission and the Antitrust Division of the Department of Justice can threaten to challenge the merger unless the merging parties agree to specified conditions, such as the divestiture of certain assets. Because those mergers that pose the greatest risk of anticompetitive effects also magnify the problems associated with mandatory arbitration clauses, antitrust officials would be wise to condition merger approval on the merging parties’ agreement to not require arbitration of antitrust claims.
  • Grounding Trademark Law Through Trademark Use
    The debate over trademark use has become a hot-button issue in intellectual property (IP) law. In Confusion over Use: Contextualism in Trademark Law, Graeme Dinwoodie and Mark Janis characterize it as a dispute over whether to limit trademark holder rights in a new and unanticipated way. Yet there is another - in our view more historically accurate - way to frame the trademark use debate: the question is whether courts should, absent specific statutory authorization, allow trademark holders to assert a new and unprecedented form of trademark infringement claim. The pop-up and keyword cases involve attempts to impose third-party liability under the guise of direct infringement suits. Dinwoodie and Janis's thorough account notwithstanding, it remains the fact that, before the recent spate of Internet-related cases, no court had ever recognized a trademark claim of the sort that trademark holders are now asserting. Trademark infringement suits have always involved allegations of infringement by parties who use marks in connection with the promotion of their own goods and services. The question raised by the trademark use cases, as we view it, is whether courts should countenance a radical departure from that traditional model without specific instruction from Congress. We think they should not. In this paper, we explain the origins of trademark use doctrine in traditional limits on the scope of the trademark right and in the distinction between direct and contributory infringement. We also explain why we cannot simply rely on the likelihood of consumer confusion test to solve the problems the trademark use doctrine addresses, and we examine the difficult problem of defining the scope of the trademark use doctrine.
  • Reservations and the CISG: The Borderland of Uniform International Sales Law and Treaty Law After Thirty-Five Years
    41 Brooklyn Journal of International Law (2015), 203–255 The makers of uniform international commercial law have traditionally used an instrument of public international law – the treaty between States, or ‘convention’ – in order to unify commercial law rules governing the relations between private parties (merchants). The resulting ‘dual character’ of such conventions as creatures of both treaty law and private law gives rise to a host of difficult legal questions. Maybe more than by any other type of legal rules, such questions are raised by reservations, i.e. formal declarations by which States ‘opt out’ of certain provisions in uniform law conventions, leaving it to the courts to determine the precise effect on contracts between private parties. The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) ranks as one of the most successful uniform international commercial law instrument of all times, having been ratified by 83 States worldwide, among them the U.S., 24 of the 28 EU States, Brazil, Russia, China and Japan. The present article takes the 35th anniversary of the CISG as an occasion to provide an overview of the experiences that have been made with reservations thereunder, investigating the various difficulties that the dual character of its reservations has caused in theory and in practice. In doing so, the article first discusses the hotly disputed qualification of some of the CISG’s provisions as ‘reservations’ or mere ‘declarations’, and its legal consequences. It then challenges the commonly held perception that reservations reduce the degree of uniformity under international commercial law conventions, arguing that reservations should be regarded as a tool enabling a ‘wider’ uniformity. The article goes on to address problems that have emerged in practice under the CISG, as notably the tendency among courts to overlook reservations and the significant uncertainty they seem to cause both in the eyes of government officials and – maybe more importantly – of judges and arbitrators deciding cases. Finally, it looks forward to the next 35 years and discusses the (likely) rule of reservations in future CISG practice, including the trend to withdraw reservations, which reservations may be here to stay and which may even gain in importance in the future. In summary, the article presents the most comprehensive treatment yet of reservations under the most important uniform international commercial law convention in force, identifying important lessons to be learned for the unification of commercial law in general.
  • Are Human Genes Patentable
    This editorial examines the logical structure of the United States Supreme Court decision in Myriad Genetics v. AMP, regarding patents on human DNA. In the first half of the opinion, a unanimous court holds that genomic DNA molecules derived from human cells are unpatentable products of nature because they have the same informational content, and hence the same function, as native DNA. But in the second half of the opinion, the Court holds that complementary DNA molecules generated in the laboratory are patentable over native sequences because they have a different structure. These two conflicting rationales leave the law of patentable subject matter indeterminate, and far more incoherent than before the Court intervened.
  • The Privacy Pragmatic as Privacy Vulnerable
    *Abstract: * Alan Westin’s well-known and often-used privacy segmentation fails to describe privacy markets or consumer choices accurately. The segmentation divides survey respondents into “privacy fundamentalists,” “privacy pragmatists,” and the “privacy unconcerned.” It describes the average consumer as a “privacy pragmatist” who influences market offerings by weighing the costs and benefits of services and making choices consistent with his or her privacy preferences. Yet, Westin’s segmentation methods cannot establish that users are pragmatic in theory or in practice. Textual analysis reveals that the segmentation fails theoretically. Original survey data suggests that, in practice, most consumers are not aware of privacy rules and practices, and make decisions in the marketplace with a flawed, yet optimistic, perception of protections. Instead of acting as “privacy pragmatists,” consumers experience a marketplace myopia that causes them to believe that they need not engage in privacy analysis of products and services. Westin’s work has been used to justify a regulatory system where the burden of taking action to protect privacy rests on the very individuals who think it is already protected strongly by law. Our findings begin to suggest reasons behind both the growth of some information-intensive marketplace activities and some prominent examples of consumer backlash. Based on knowledge-testing and attitudinal survey work, we suggest that Westin’s approach actually segments two recognizable privacy groups: the “privacy resilient” and the “privacy vulnerable.” We then trace the contours of a more usable segmentation and consider whether privacy segmentations contribute usefully to political discourse on privacy. Available at SSRN:
  • Racial Diversity and Union Organizing in the United States, 1999--2008
    Does racial diversity make it harder to form a union? Case studies give conflicting answers, and little large-scale research on the question exists. Most quantitative research on race and unionization studies trends in membership rather than the outcome of specific organizing drives, and assumes that the main problem is mistrust between workers and unions, paying less attention for example to the role of employers. I explore the role of racial and ethnic diversity in the outcomes of nearly 7,000 organizing drives launched between 1999 and 2008. By matching the National Labor Relations Board’s information on union activity with the Equal Employment Opportunity Commission’s surveys of large establishments, I reconstruct the demographic composition of the work groups involved in each mobilization. I find that more diverse establishments are less likely to see successful organizing attempts. However, I find little evidence that this is because workers are less interested in voting for unions. Instead, I find that the organizers of more diverse units are more likely to give up before such elections are held. Furthermore, this higher quit rate can be explained best by the other organizations involved in the organizing drive. In particular, employers are more likely to be charged with unfair labor practices when the unit in question is more racially diverse. This effect persists when controlling for heterogeneity among industries, unions and regions.
  • Another frame, another game? Explaining framing effects in economic games
    Small changes in the framing of games (i.e., the way in which the game situation is described to participants) can have large effects on players' choices. For example, referring to a prisoner's dilemma game as the "Community Game" as opposed to the "Wall Street Game" can double the cooperation rate (Liberman, Samuels, & Ross, 2004). Framing effects are an empirically well-studied phenomenon. However, a coherent theoretical explanation of the observed effects is still lacking. We distinguish between two types of framings - valence framing and context framing - and provide an overview of three general classes of theories that may account for the observed changes in behaviour.
  • Starting Off on the Wrong Foot: Elite Influences in Multi-Ethnic Democratization Settings
    Abstract: Elite manipulation theories, particularly the idea of diversionary war, have played a substantial role in the analysis of ethnic civil wars. Some, as Gagnon (2004), argue that political elites have shaped the perceptions of their population to create the illusion of a threatening outside world. This, driven to the extreme, would then give rise to an ethnic security dilemma and potentially, civil war. Even if violence does not break out, divisive elite manipulation increases the likelihood of self-perpetuating injustices between members of ethnic groups. Snyder (2000) argues that democratizing multi-ethnic states face an extraordinarily high risk of such conflict. During and shortly after democratization processes, when political leaders are most in need of popular backing, the temptation to seek the support of a fairly well defined ethnic group rather than that of the multi-ethnic demos that existed so far may be strong. Especially if group identities have been reified through institutionalization – as is frequently the case in multi-ethnic societies – ready-made social cleavages may be available for politicians to exploit. However, Brubaker (1998) convincingly argues that political leaders rarely have both the ability and ideal environment to manipulate identities for their own personal need that the theory of diversionary war suggests. This paper provides an initial analysis of the first in a series of democratization cases in ethnically heterogeneous settings: the Burundian democratization process of the late 1980s and early 1990s. Based on news agency and local newspaper reports, this paper attempts to assess to what degree elites stimulate ethnic hostilities in their bid for political power and to what extend they react to credible already present in the population.
  • Fine-tuning the IP Approaches for Fostering Open Science: Some Insights from India
    Draft version. Comments and suggestions welcome.
  • The Proliferation of Men: Markets, Property, and Seizure in Jordan
    Spurred on by massive influxes of Palestinian refugees in previous de- cades, the 1970s and 1980s were marked by acute struggles over land and housing in Jordan. This article places those struggles within the context of a historical look at property in Jordan spanning from the dissolution of the Ottoman Empire to more recent waves of refugees from Syria and Iraq. Drawing on recent research in the social studies of finance and feminist substantivist critiques of “the economy,” I argue for more attention to the role of violence and war in the formation of markets and property regimes. Moving between a World Bank squatter settlement standardization pro- gram and interviews with contemporary planners, speculators, homeown- ers, and construction workers, I argue that the sublimation of violent con- testation over property has required subtle but important transformations in gender norms that privilege new strategies of accumulation. Yet many of my interlocutors insist that this novel “proliferation of wealth” remains sub- ordinate to the role of large agnatic kin groups in the communal defense of land (“the proliferation of men”). Ongoing struggles between financiers, agnatic kin groups, and the Jordanian state illustrate the ways in which seizure is key to the work of market formation.
  • The Comparative Method in Practice: Case Selection and the Social Science of Revolution
    Formalization of comparative case methodology has given the appearance of growing consensus and cross-disciplinary acceptance around a set of best practices. Yet how researchers actually use a method may differ widely from what methodologists believe, which is the crux of institutionalization of a method. This study examines whether comparative methodology has, in fact, institutionalized within the social sciences using evidence from the entire corpus of comparative studies of revolution published from 1970 to 2009. Content analysis of methods of case selection within the revolution subfield reveals a wide diversity of strategies with only modest methodological awareness by practitioners, a lack of consensus among which case selection strategies to use, and little convergence over time. Thus, the comparative method has not yet institutionalized in its practice. Methodological practice has implications for the coverage of cases of revolution and what is substantively known about the phenomenon.
  • Collateral Damage: The Health Effects of Invasive Police Encounters in New York City
    In the 1990s New York City widened the surveillance reign of the criminal justice system to include minor offenses. One aspect of this public policy is a procedure known as Terry stops, which involves police temporarily detaining persons who may be acting criminally. While only a small percentage of these stops result in arrest, warrants, or the recovery of illegal materials, a sizeable portion become physically invasive (i.e., involve body searches and use of force). The health effects of invasive policing practices for the community at-large are unknown. Using microlevel health data from 2009-2012 NYC Community Health Survey nested within mesolevel data from the 2009-2012 NYC Stop, Question, and Frisk dataset, this study employs multilevel mixed effects models to evaluate contextual and ethnoracially-variant associations between invasive aspects of Terry stops and multiple dimensions of illness (poor/fair health, diabetes, high blood pressure, asthma episodes, body weight). Terry stops are, in fact, associated with worse health. The most consistent Terry measures associated with illness is the likelihood that stops will result in frisking. More limited deleterious effects can be attributed to the likelihood that stops will result in use of force and to minority-to-white ratios of frisk and use of force. The health effects of Terry stops vary by ethnoracial group in complex ways. For instance, the minority-to-white frisking ratio and the likelihood that stops will involve use of force increase certain dimensions of illness for minorities; meanwhile, the minority-to-white use of force ratio reduces the likelihood of diabetes for Blacks. - Abigail A. Sewell, Ph.D. Assistant Professor Department of Sociology Emory University 1555 Dickey Dr. Atlanta, GA 30322 Vice Provost's Postdoctoral Fellow Population Studies Center University of Pennsylvania 3718 Locust Walk 239 McNeil Building Philadelphia, PA 191014 Email: Website: ________________________________ This e-mail message (including any attachments) is for the sole use of the intended recipient(s) and may contain confidential and privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message (including any attachments) is strictly prohibited. If you have received this message in error, please contact the sender by reply e-mail message and destroy all copies of the original message (including attachments).
  • The Problem of Process in Biotechnology
    Patent law routinely relies on distinctions between products and processes, but the courts appear to have a great deal of trouble distinguishing the two when it comes to biotechnology cases. Over the past two decades, this has led to a series of cases grappling with a process-related problems that are characteristic of biotechnology patents. These cases include those dealing with obviousness of macromolecules, those addressing the so-called "Durden" problem of patenting old processes that use novel substrates or create novel products, and several recent importation cases considering sections 271(f) and 271(g) of the U.S. patent statute. It is no accident that biotechnology patent cases repeatedly coalesce around such process-related issues; rather, in biotechnology patenting a discontinuity at the center of patent law has finally come to light. This anomaly is due to the character of molecules as channels for informational transfer processes, and the inability of current patent doctrine to encompass information transfer. Consequently, conflicts regarding process and product will be endemic not only to the patenting of biotechnology products, but also other informational products, particularly software.
  • Accessibility of waste collection services in Romania: a multi-scale analysis in EU context using thematic cartography
    Low coverage of urban and rural population to waste collection services leads to various environmental threats caused by uncontrolled waste disposal. New EU regulations on waste management issues transposed into national laws have improved this sector, but, the population access to such services is still low compared to others new EU members. A multi-scale approach of this indicator is a necessary tool for a proper analysis of this environmental issue. The maps reveal that Romanian development regions (NUTS 2) have the lowest coverage rates at EU level in 2010. Furthermore, major disparities are reflected between Romanian counties in 2010. Thematic maps outline a comparative analysis at national and regional scale (Romanian counties & cities and communes of North-East Region) between urban vs rural areas in 2010. These geographical approaches are necessary for a better monitoring process of waste management sector.
  • If You Can't Beat 'Em, Join 'Em? How Sitting by Designation Affects Judicial Behavior
    Judges, lawyers, and scholars have long decried the high reversal rate district judges face in patent cases. Many have suggested greater district court specialization as a solution, and Congress in 2011 enacted legislation to promote such specialization. In this paper, we investigate the impact of a novel measure of experience – whether a district court judge has sat by designation on a Federal Circuit panel in a patent claim construction appeal – on the likelihood a district judge’s subsequent claim constructions are reversed. Before sitting by designation, judges who later do so actually have a slightly higher claim construction reversal rate than judges who never do so. After sitting by designation, the reversal rate of district court judges on subsequent claim construction appeals decreases by 50 percent. This decrease is not fully explained by other measures of experience, including the number of prior patent cases or years on the bench. Nor is it fully explained by the timing of the appeal, the particular district court judge or various other characteristics of the patents, the parties and the litigation. Our results suggest a simple way to reduce the reversal rate in patent and perhaps other sorts of cases. However, our evidence suggests this increased agreement is due to increased Federal Circuit trust in the decisions of individual judges who have sat by designation and not increased district judge understanding of claim construction.
  • Safe Spaces: Gay-Straight Alliances in High School
    In activists' circles as in sociology, the concept "safe space" has been applied to all sorts of programs, organizations, and practices. However, few studies have specified clearly what safe spaces are and how they support the people who occupy them. In this paper, we examine one social location typically understood to be a safe space: gay-straight alliance groups in high schools. Using qualitative interviews with young adults in the United States and Canada who have participated in gay-straight alliances, we examine the experiences of safe spaces in these groups. We unpack this complex concept to consider some of the dimensions along which safe spaces might vary. Participants identified several types of safe space, and from their observations we derive three inter-related dimensions of safe space: social context, membership and activity.
  • Educational Background and Stratification in the Legal Academy: Invasion of the Body Snatchers… or More of the Same?
    *Abstract*: Since the 1960s, law schools have seen an influx of faculty with graduate training and research presences in fields outside the law – primarily in the social sciences, statistics, and the humanities, but also in biology and medicine – which has brought “interdisciplinarity” into law schools, in the form of scholarship under the banners of “law and [ ]” or “critical [ ] studies.” As their names suggest, these lines of inquiry either seek to extend traditional legal scholarship with complementary insights from external disciplines or else seek to question (if not overturn) traditional legal scholarship based on such insights. The rise of interdisciplinarity has been discussed in depth, with some scholars arguing that the rise of interdisciplinarity has strengthened the legal academy by broadening legal curricula and legal scholarship beyond traditional disciplinary law, while others aver that the rise of interdisciplinarity has reduced the autonomy of law in the university by introducing “alien” ideologies and practices. To trace this phenomenon, we use data-science methods to gather and analyze “big data” on the educational backgrounds of all faculty who held tenured and tenure-track positions in all accredited law schools in the United States in the 2011-12 academic year. Our analysis reveals a persistent increase in law-school faculty with PhDs, but most of those are faculty with both PhDs and JDs. This suggests that law schools have not been invaded by PhD-toting “pod people” importing alien values and practices from the arts and sciences Rather than reducing the autonomy of the law, the influx of PhD-trained faculty is more likely to be promoting an intellectual culture and academic practices that are a hybrid of the traditional legal academy and the arts and sciences, which involves taking only selected external elements and adapting them to fit traditional law-school culture and practices, rather than adopting them wholesale to replace traditional law-school culture and practices. Such hybridization would yield more of (almost) the same culture and practices. Our analysis also reveals that although PhD-trained faculty are concentrated in the most prestigious law schools, the influx of PhD-trained faculty has trickled down the ranks to many less prestigious schools. This suggests that PhD credentials have become an important axis of competition in the law school market, in which prospective law professors increasingly accumulate advanced degrees to compete for law-school positions, and law schools increasingly hire candidates with multiple advanced degrees to compete in prestige and media rankings. Finally, our analysis shows that male law professors are far more likely than their female counterparts to hold PhDs, but male professors are also far more likely than their female counterparts to be employed by top-tier law schools when they do not hold PhDs. The gender gap in the stratification of law faculty across the law-school prestige hierarchy indicates that even though the training of legal academics has changed, patterns of inequality in achievement have persisted.
  • Beyond Preemption: The Federal Law and Policy of Intellectual Property Licensing
    Proposed Uniform Commercial Code article 2B, which will govern transactions in information, will remake the law of intellectual property licensing in a radical way. But federal and state intellectual property policies impose significant limits on the ability of states to change these rules by contract law. One such limit is preemption, but preemption is unlikely to provide sufficient protection for the established rules of intellectual property law. Three other sets of doctrines will limit the ability of parties to set their terms by contract, even in the UCC 2B world. The first doctrine is copyright misuse, which has been applied against restrictive licensing provisions. The second set of doctrines provides that a number of licensing rules are decided as questions of federal, not state, law. The third doctrines are state public policies that cannot be overriden by contract. Taken together, these doctrines create a patchwork federal policy of intellectual property law that UCC 2B cannot alter.
  • MPEDS: Automating the Generation of Protest Event Data
    Large-scale research of social movements has required more detailed, recent, and specific data about protest events. Analyses of these data allow for new insights into movement emergence, consequences, and tactical innovation and adaptation. One of the issues with this kind of analysis, however, is that the generation of event data is incredibly costly. Human coders must pore through news sources, looking for instances of protest and coding many variables by hand. Because of the high labor costs, projects are typically limited to one or two newspapers per country. This, in turn, exacerbates issues of selection and description biases. This article aims to address this issue with the development, validation, and application of a system for automating the generation of protest event data. This system, called the Machine-Learning Protest Event Data System (MPEDS), is the first of its kind coming from within the social movement community. MPEDS uses recent innovations from machine learning and natural language processing to generate protest event data with little to no human intervention. The system aims to have the effect of increasing the speed and reducing the labor costs associated with identifying and coding collective action events in news sources, thus increasing the timeliness of protest data and reducing biases due to excessive reliance on too few news sources. Work on MPEDS is ongoing, and to that end, the system will also be open, available for replication, and extendable by future social movement researchers, and social and computational scientists.
  • Metajournals. A federalist proposal for scholarly communication and data aggregation
    While the EU is building an open access infrastructure of archives (e.g. Openaire) and it is trying to implement it in the Horizon 2020 program, the gap between the tools and the human beings – researchers, citizen scientists, students, ordinary people – is still wide. The necessity to dictate open access publishing as a mandate for the EU funded research – ten years after the BOAI - is an obvious symptom of it: there is a chasm between the net and the public use of reason. To escalate the advancement and the reuse of research, we should federate the multitude of already existing open access journals in federal open overlay journals that receive their contents from the member journals and boost it with their aggregation power and their semantic web tools. The article contains both the theoretical basis and the guidelines for a project whose goals are: 1. making open access journals visible, highly cited and powerful, by federating them into wide disciplinary overlay journals; 2. avoiding the traps of the “authors pay” open access business model, by exploiting one of the virtue of federalism: the federate journals can remain little and affordable, if they gain visibility from the power of the federal overlay journal aggregating them; 3. enriching the overlay journals both through semantic annotation tools and by means of open platforms dedicated to host ex post peer review and experts comments; 4. making the selection and evaluation processes and their resulting data as much as possible public and open, to avoid the pitfalls (e. g, the serials price crisis) experienced by the closed access publishing model. It is about time to free academic publishing from its expensive walled gardens and to put to test the tools that can help us to transform it in one open forest, with one hundred flowers – and one hundred trailblazers.
  • Stalling for Time
    Carel Fabritius left behind few but important works of art. We are concerned here with the View in Delft, and attempt to make two points about it. The first is that this small painting manages to break away from the classical perception of perspective, an endeavor informed mostly by new findings in the field of optics of the time. The second point, theoretically related to the first, stresses compositional elements that would bring View in Delft closer to a meditation on the fleetingness of life, making it a "town-scape" vanitas.
  • Grave Monuments from Jiyeh (Porphyreon) and the Sepulchral Art of Sidon's Chora
    Hellenistic steles and Roman cippi and sarcophagi discovered in the course of salvage excavations in Jiyeh (ancient Porphyreon) opened the way to the discussion of the artictic culture of Sidon and the northern part of its hinterland. The form and decoration of these grave monuments find no parallels outside the Sidonian cemeteries, pointing to very strong artistic ties between the metropolis and the villages in its chora. Compared to the output of other Syro-Palestinian sculptural centers, the products from Sidonian territory demonstrate exceptional originality, foremost in the choice of decorative motifs, but also concerning the stone material: local sandstone conglomerate and limestone. The steles, cippi and sarcophagi from Jiyeh enable us to date more precisely the locality's northern necropolis that functioned, in the light of the presented evidence, from the Hellenistic to the early Byzantine period. Moreover; the dating of the monuments leads to the assumption that the early phase of the cemetery coincided with the operation of nearby pottery workshops.
  • Mediated Deliberation
    Final manuscript version available [here][1]. Mediated deliberation refers to a family of media communication processes conducive to a well-ordered polity as envisioned in deliberative theories of democracy. It is based on the traditional engagement of deliberation scholars with face-to-face small-group communication and has evolved into a distinct program of empirical and normative research. This entry traces the relations to deliberative democratic theory, highlights the differences between mediated deliberation and face-to-face deliberation, provides an overview of the key components of mediated deliberation processes, and outlines future directions in researching mediated deliberation. [1]:
  • The Declaration of Unity and Union
    This is a declaration. The identity of mathematics and number theory or arithmetics. I have defined a pattern here that shows consciousness is a pure unique entity that is present everywhere and whole the existence is a graphical manifestation that has been phenomenoned over to enclose it and I hermetically simplify my intuition to transfer it to curious ones. Since explaining the methodology requires in thousands of pages, the final concluded statements and equations are only declared here. We are living in a calculational system of Information that has an algorithm which is explained here.
  • Ethics, Technology and the Challenges of Documenting History in Real Time
    New technologies including mobile phones and use of social media software have made available a plethora of new sources for news and information that both complement and contrast with traditional news sources. This content is relevant to research libraries and archives around the world. Yet most of it does not get deposited into library and archival collections in traditional ways. Libraries and archives need to be innovative and proactive about seeking it out from numerous participants and scraping it off social network sites in real time to insure authenticity and reliability. At UCLA and NYU we have been collecting both digital and physical materials from the front lines of conflict and war-ravaged areas of the world. We've partnered with political activists to develop unique assemblages of ephemera collected on the front lines of social media revolutions. This paper will present two case studies that illustrate the challenges and opportunities for collaboration and community engagement and utilizing new technologies including social media to capture and preserve history in real time.
  • Privacy and Modern Advertising: Most US Internet Users Want 'Do Not Track' to Stop Collection of Data about their Online Activities
    *Abstract: * Most Americans have not heard of 'Do Not Track,' a proposal to allow Internet users to exercise more control over online advertising. However, when probed, most prefer that Do Not Track block advertisers from collecting data about their online activities. This is a much more privacy-protective approach for Do Not Track than what has been proposed by the advertising industry. In previous studies, we have found that Americans think they are protected by strong online privacy laws. Here, we probed beliefs about tracking on medical websites and 'free' websites, with most not able to answer true/false questions correctly about tracking. This result brings into question notice-and-choice models that depend on consumer understanding of the terms for their legitimacy. We also probed Internet users' attitudes towards advertising. Most Internet users say that they do not find utility in online advertising, with half claiming that they never click on ads. Advertisers and consumers are at an impasse on privacy. Advertisers seem to be seeking a kind of total information awareness for behavioral advertising, and have proposed self-regulatory guidelines with little bite. At the same time, both our survey evidence and media reports show consumer opposition to tracking. Do Not Track has emerged from the current skirmish between consumers and advertisers, but it is a relatively modest intervention that does little to shift the underlying incentives that have driven increasing tracking and aggregation of information about consumers. It is foreseeable that regardless of the form Do Not Track takes, websites will simply require consumers to disable it in order to access content. A fundamental change in incentives may be necessary to relieve this impasse and find an approach for advertising that is not so dependent upon third-party tracking and aggregation of information, both online and off. Available at SSRN:
  • Review of "Making a Market for Acts of God"
    Making a Market for Acts of God: The Practice of Risk Trading in the Global Reinsurance Industry. By Paula Jarzabkowski, Rebecca Bednarek, and Paul Spee. Book review published in *American Journal of Sociology*.
  • The Gender Income Gap and the Roles of Education and Family Formation: A Scientific Replication of Bobbitt-Zeher (2007)
    This article reports the results of a replication of Bobbitt-Zeher’s 2007 Sociology of Education article “The Gender Income Gap and the Role of Education” based on comparable data from Germany. Models that emulate the original specifications successfully replicate the results. However, models that instead adhere to Bobbitt-Zeher’s theory concerning the gendered effect of family formation call her key finding that “family formation has virtually no effect on the income gap” into question.
  • The Swahili Art of Indian Taarab: A Poetics of Vocality and Ethnicity on the Kenyan Coast
    Employing approaches from ethnomusicology and vocal anthropology, Eisenberg undertakes an interpretive-ethnographic analysis of Indian taarab, a genre of Swahili song on the Kenyan coast that features Swahili words set to Hindi film song melodies performed in a distinctly Indian style. Eisenberg argues that Swahili musicians and audiences derive pleasure and meaning from Indian taarab’s paradoxical presentation of Indian sounds as Swahili expressions, and that this positions the genre as a vehicle for public reflection on Swahili ethnicity. Focusing on the voice and vocality, he explores how certain Indian taarab singers—the genre’s “clowns”—engage in a reflexive critical analysis of Swahili ethnicity by playfully making audible the Indianness that resonates within the space of Swahili ethnicity (uswahili). Ultimately, the essay seeks to generate new perspectives on social identification among Kenyan coastal Muslims by taking an ethnographic ear to Indian taarab clowning and its “harlequin poetics.” Keywords: Swahili identity, poetics, vocality, vocal anthropology, ethnomusicology, Indian Ocean
  • The gambler's fallacy fallacy (fallacy)
    The gambler's fallacy is the irrational belief that prior outcomes in a series of events affect the probability of a future outcome, even though the events in question are independent and identically distributed. In this paper, we argue that in the standard account of the gambler's fallacy, the gambler's fallacy fallacy can arise: The irrational belief that all beliefs pertaining to the probabilities of sequences of outcomes constitute the gambler's fallacy, when, in fact, they do not. Specifically, the odds of the probabilities of some sequences of outcomes can be epistemically rational in a given decision-making situation. Not only are such odds of probabilities of sequences of outcomes not the gambler's fallacy, but they can be implemented as a simple heuristic for avoiding the gambler's fallacy in risk-related decision-making. However, we have to be careful not to fall prey to a variant of the gambler's fallacy, the gambler's fallacy fallacy (fallacy), in which we do not calculate odds for the probabilities of sequences that matter, but rather simply believe that the raw probability for the occurrence of a sequence of outcomes is the probability for the last outcome in that sequence.
  • Does 'Public Use' Mean the Same Thing It Did Last Year?
    In 2011, Congress enacted the America Invents Act (AIA), the most substantial overhaul of the patent system in the past sixty years. The most significant change in the AIA was the move from a first to invent regime to a first inventor to file regime. The goal of the move to first to file, besides harmonization, is to encourage inventors to move with alacrity to share their invention with the world. There is an ambiguity in the AIA, however, that threatens that disclosure objective. Some commentators have argued that Congress intended to fundamentally change the rules of prior art in a way that would encourage secrecy rather than disclosure. Under this interpretation of the new law, an inventor can use its process in secret for commercial purposes, potentially forever, and still file a patent on that invention at some point in the future. Far from encouraging disclosure, on this interpretation the effect of the AIA is to encourage secrecy and delay in patenting. Curiously, the argument is that Congress signaled its intent to make this fairly radical change by re-enacting language that had been in the Patent Act for the last 140 years: the words "public use." Because two of these commentators, Bob Armitage and Joe Matal, were involved in the drafting of the AIA, this argument has carried substantial weight, and the PTO in 2013 adopted regulations that read the term "public use" in the AIA as meaning something completely different than it had for the century before 2011. In this paper, I make two points. First, as a matter of statutory interpretation it is unlikely that Congress intended to make such a change, not only because they readopted existing statutory language but because other parts of the statute make no sense under such an interpretation. Second, reading the AIA as making such a change would be unwise as a policy matter, not only because it would encourage secrecy but because it would undermine confidence that other terms reenacted in the AIA have the same meaning they have accrued in decades of common law.
  • Examiner Characteristics and Patent Office Outcomes
    In this paper, we show that there are important differences across patent examiners at the U.S. Patent and Trademark Office (USPTO), and that these relate to the most important decision made by the USPTO: whether or not to grant a patent. We find that more experienced examiners, and those who systematically cite less prior art, are more likely to grant patent applications. These results are not encouraging as a matter of public policy. But they do point to human resource policies as potentially important levers in patent system reform.
  • The Immorality of Requesting Expedited Review
    It is common practice, as it has been for decades, for legal scholars to submit draft papers to many law journals simultaneously. They then tell more prestigious journals of publishing offers they have received from less prestigious journals, in an effort to maximize the prestige of the journal in which the piece finally appears. They do so to benefit their personal careers, overlooking that, along the way, they have systematically redistributed labor away from student editors at less prestigious journals, and toward student editors at more prestigious journals. They—we—are wrong to do it and should stop.
  • Economic Inequality and Belief in Meritocracy in the United States
    How does the context of income inequality in which people live affect their belief in meritocracy, the ability to get ahead through hard work? One prominent recent study, Newman, Johnston, and Lown (2015), argues that, consistent with the conflict theory, exposure to higher levels of local income inequality lead lower-income people to become more likely to reject—and higher-income people to become more likely to accept—the dominant U.S. ideology of meritocracy. Here, we show that this conclusion is not supported by the study's own reported results and that even these results depend on pooling three different measures of meritocracy into a single analysis. We then demonstrate that analysis of a larger and more representative survey employing a single consistent measure of the dependent variable yields the opposite conclusion. Consistent with the relative power theory, among those with lower incomes, local contexts of greater inequality are associated with more widespread belief that people can get ahead if they are willing to work hard.
  • Making Inferences Using Incidentally Collected Data
    This chapter discusses the use of large quantities of incidentally collected data (ICD) to make inferences about politics. This type of data is sometimes referred to as “big data” but I avoid this term because of its conflicting definitions (Monroe, 2012; Ward & Barker, 2013). ICD is data that was created or collected primarily for a purpose other than analysis. Within this broad definition, this chapter focuses particularly on data generated through user interactions with websites. While ICD has been around for at least half a century, the Internet greatly expanded the availability and reduced the cost of ICD. Examples of ICD include data on Internet searches, social media data, and user data from civic platforms. This chapter briefly explains some sources and uses of ICD and then discusses some of the potential issues of analysis and interpretation that arise when using ICD, including the different approaches to inference that researchers can use.
  • Brute force effects of mass media presence and social media activity on electoral outcome
    In this study, we analyze whether the mere volume of presence in mass media and the mere volume of activity on social media convey advantages to candidates in parliamentary elections. Based on the theoretical model of bounded rationality, we call these potential effects brute force effects. During the last month of the election campaign of the Swiss federal election of 2015, we have tracked the presence of all 873 candidates in the canton of Zurich, the most populous canton, in a broad sample of mass media. Additionally, we have tracked those candidates' activity on Facebook and Twitter. The results of our multilevel Bayesian estimates show that mass media presence has a consistent non-trivial impact on different aspects of electoral outcome. Furthermore, social media activity also has a non-trivial impact, but only in terms of resonance (reactions to candidates' social media activity). Overall, our results suggest that brute force effects of of mass media presence and social media activity can have substantial impact on voting behavior.
  • Opportunities and Challenges of Applying the SDGs to Business
    Current efforts to drive business Sustainability are improving but still falling short of the transformational impact needed. This paper explores the potential of the United Nations’ Sustainable Development Goals (SDGs) to contribute to improved business Sustainability. Research revealed significant challenges including: a disconnect between the design of the SDGs and the needs of businesses, significant measurement difficulties and an already existing momentum to integrate the SDGs without disrupting the status quo. The big opportunity is that the SDGs are a universally agreed upon definition of Sustainability which fully integrates the “social” side. The specificity and structure of the SDGs also creates the opportunity for accountability based on outcomes and impacts rather than inputs and the development of businesses strategies with the potential for transformation. Work is needed to transform the SDGs themselves into a tool which can usefully contribute to business Sustainability, but the opportunities suggest it will be worthwhile.
  • The Presidential Election in Belarus, October 2015
    In this paper, we examine the 2015 Presidential Election in Belarus. In addition to discussing the results and effects of the election, we also provide information about the context of the election, the candidates for office, and the most important campaign issues.
  • Platform logic: The need for an interdisciplinary approach to the platform-based economy
    By synthesizing critical political economy of digital platforms with information systems management and design studies, a descriptive model of structural ramifications of platform-based infrastructure-and an epistemological rationale for studying it-are provided. Key structural principles are outlined, resulting in the main hypothesis: Digital platforms enact a twofold logic of micro-level technocentric control and macro-level geopolitical domination, while at the same time having a range of generative outcomes, arising between these two levels. Different platform business models and attendant degrees of market dominance are observed. In order to assess platform logic for academic or regulatory purposes, this quite specific paradoxical tension between openness and control (i.e. 'platform logic') has to be considered. In order to assess externalities, accurate platform data has to become observable to researchers and policymakers; herein lies a problem of information access. Conversely, it should be in the interest of platform companies that actual externalities are measured, so as to avoid spurious regulatory overreach. In order to understand the vast range of contingencies at play in platform logic, multidisciplinarity is essential: Knowledge for equitable regulation can be achieved only by combining data science, media studies, economic sociology, and philosophy with studies of infrastructure, management, and design.
  • Negotiating Use, Persistence, and Archiving: A Study of Academic Research Library and Publisher Perspectives on Licensing Digital Resources
    Stewardship has always figured predominantly in the mission of libraries. This paper discusses major findings and implications of a study of licensing in U.S. academic libraries. The data suggests that not all libraries are accepting their heritage role - that is, they are not planning for long-term preservation and access for their growing licensed digital collections and resources. Instead they rely increasingly on third parties to perform this fundamental function. This shift may have far-reaching implications for long-term preservation and access to the world's knowledge and cultural and historical record.
  • Inequality - what can be done?
    Economic inequality has become centre stage in the political debate, but what the political leaders have not said is what they would do about it. There are repeated calls for equitable growth but little clue as to how this is to be achieved. In this Working Paper, I seek to show what could be done to reduce the extent of inequality if we are serious about that objective. I draw on the lessons of history, and take a fresh look - through distributional eyes - at the underlying economics. I identify ambitious new policies in five areas - technology , employment, social security, the sharing of capital, and taxation - that could bring about a genuine shift in the distribution of income towards less inequality.
  • Should We Be Charlie? A Deliberative Take on Religion and Secularism in Mediated Public Spheres
    The terror attack on the French satirical magazine Charlie Hebdo in January 2015 serves to explore the role of religion and secularism in mediated public spheres. We argue that deliberative theory, including its recent criticisms and extensions, helps navigate normative dilemmas presented by the attacks. From a deliberative perspective, journalists should reprint Charlie cartoons that are perceived by Muslims as insulting and incendiary only if this fulfills a real need for public reflection and enlightenment. Media and the wider public should engage in differentiated solidarity with Charlie Hebdo, help transfer the hidden argumentative potential of its cartoons into the realm of truly argumentative discourse, and engage in metadeliberation that explicitly reflects the contexts and rules for public debate.
  • Categorical Analysis in Antitrust Jurisprudence
    Legal doctrines vary in the extent to which they apply either detailed, categorical rules or broad, open-ended standards that allow for case-specific adjudication. Antitrust law is generally thought of as inhabiting the standards end of this spectrum. In fact, however, despite the generality of the enabling statutes antitrust law is rife with categorical distinctions. In Part I, we explore not only the well-known distinction between conduct that is per se illegal and conduct judged under the rule of reason, but also a number of categorical distinctions the courts draw, either to help delineate the scope of the per se rule or to create distinctions within the scope of the rule of reason itself. By and large these rules don't come from the antitrust statutes. They are created by courts, who are in effect converting case-specific standards en masse into categorical rules. In Part II, we identify a number of problems with these distinctions. One problem is administrative: courts spend a great deal of time trying to parse conduct in order to put it on one side or another of the lines they have created. Indeed, in many cases courts spend more time on categorization than they do on actual economic analysis of the case itself. Second, judicial antitrust categories are subject to manipulation. Parties go to great lengths to fit into a box that will give them more favorable treatment, sometimes by legal argument, sometimes by restructuring a transaction, and sometimes by concealing or misrepresenting the facts of that transaction. Third, a number of the categories the courts have created make no sense, whether because they have lost their meaning over time, because their boundaries have eroded, because they actually tell us very little of relevance to the competitive effects of the transaction, or because they are simply dumb. The net result is a mess. Categories have become conclusions, displacing the fact-specific economic analysis in which antitrust law is supposed to be engaging. In Part III, we argue that there is a better way. We evaluate the costs and benefits of the judicial creation of categories, and contend that the complex of antitrust boxes the courts have created today does more harm than good. We don't mean to suggest there is no value to categories, and that everything must be thrown into a pure cost-benefit analysis. Some rules (the per se rule against price fixing, for instance) make sense. Rather, the important thing is to make sure that the categories we use have empirical support, and that they are communicating valuable information to courts about the competitive effects of a general practice. We think the courts have gone too far in the creation of rules in a variety of cases. Finally, we suggest that courts make more use than they do of certain tools - the doctrine of direct economic effect and empirical evidence - as powerful filters for distinguishing good from bad antitrust claims.
  • Discussion quality diffuses in the digital public square
    Studies of online social influence have demonstrated that friends have important effects on many types of behavior in a wide variety of settings. However, we know much less about how influence works among relative strangers in digital public squares, despite important conversations happening in such spaces. We present the results of a study on large public Facebook pages where we randomly used two different methods—most recent and social feedback—to order comments on posts. We find that the social feedback condition results in higher quality viewed comments and response comments. After measuring the average quality of comments written by users before the study, we find that social feedback has a positive effect on response quality for both low and high quality commenters. We draw on a theoretical framework of social norms to explain this empirical result. In order to examine the influence mechanism further, we measure the similarity between comments viewed and written during the study, finding that similarity increases for the highest quality contributors under the social feedback condition. This suggests that, in addition to norms, some individuals may respond with increased relevance to high-quality comments.
  • Hip-Hop and Cultural Citizenship on Kenya’s ‘Swahili Coast’
    The Muslim-dominated ‘Swahili coast’ has always served as a conceptual as well as physical periphery for post-colonial Kenya. This article takes Kenyan youth music under the influence of global hip-hop as an ethnographic entry into the dynamics of identity and citizenship in this region. Kenyan youth music borrows from global hip-hop culture the idea that an artist must ‘represent the real’. The ways in which these regional artists construct their public personae thus provide rich data on ‘cultural citizenship’, in Aihwa Ong’s (1996) sense of citizenship as subjectification. I focus here on youth music production in the Kenyan coastal city of Mombasa between 2004 and 2007. During this time, some local artists adopted a representational strategy that subtly reinscribed the symbolic violence to which members of the coast’s Muslim-Swahili society have long been subjected. I examine the representational strategies that were adopted during this period by Mombasan artists who happened to be members of the Muslim- Swahili society (‘subjects of the Swahili coast’, as I name them), with an ethnographic eye and ear trained on what they say about the ways in which young subjects of the Swahili coast are objectified and subjectified as ‘Kenyan youth’ in the twenty-first century.
  • Death to the Archivist: John Lakenheath’s Register of Bury St Edmunds
    John Lakenheath reorganized the archives of the Benedictine abbey of Bury St Edmunds in the 1370s, a key tool in his administrative work on its estates that was still in disorder after it was sacked by the townspeople in 1327. This culminated in the ‘Lakenheath Registry’ (London, British Library, Harley MS 743), an indexed directory of the Bury charters created in 1379–81. His preface to this book explaining its mode of operation, here edited and translated, provides a glimpse into the mind of a medieval archivist. The book led to personal disaster: he was beheaded by a mob during the Peasants’ Revolt in 1381.
  • The Intolerable Acts
    A brief survey of the intolerable acts on the eve of the American revolution.
  • From the Trenches: A Global Survey of Anti-TIP NGOs and their Views of US Efforts
    Amid the academic and policy critiques of the United States’ 15-year push to eliminate human trafficking, the perspective of the nongovernmental organizations (NGOs) working with anti-trafficking advocacy and services has been largely ignored. This article presents the results of a global survey of nearly 500 anti-trafficking NGOs in working in 133 countries, and is the first NGO-focused survey of its kind. Based on the results of the survey, we provide an overview of the anti-trafficking NGO sector as a whole, detail the relationship between anti-trafficking NGOs and the US, and account for some of the variation in NGO opinions of US efforts. Notably, we find that NGOs are remarkably satisfied with US-led efforts—despite their acknowledged flaws—and that NGOs believe that American anti-TIP policies are important and, on balance, helpful. These results also provide a warning for the future of the United States’ anti-trafficking advocacy, suggesting that the US avoid politicizing its annual Trafficking in Persons Report.
  • Is subjective knowledge the key to fostering Sustainable behavior? Mixed evidence from an education intervention in Mexico.
    Educational interventions are a promising way to shift individual behaviors towards Sustainability. Yet as this research confirms, the standard fare of education, declarative knowledge, does not work. This study statistically analyzes the impact of an intervention designed and implemented in Mexico using the *Educating for Sustainability (EfS) *framework which focuses on imparting procedural and subjective knowledge about waste through innovative pedagogy. Using data from three different rounds of surveys we were able to confirm 1) the importance of subjective and procedural knowledge for Sustainable behavior in a new context, 2) the effectiveness of the *EfS* framework and 3) the importance of *changing* subjective knowledge for changing behavior. Yet, while the impact was significant in the short term, one year later most if not all of those gains had evaporated. Interventions targeted at subjective knowledge will work, but more research is needed on how to make behavior change for Sustainability durable.
  • How Often Do Non-Practicing Entities Win Patent Suits?
    Much of the policy debate over the patent system has focused on the perceived problems with non-practicing entities (NPEs), also called patent trolls. Drawing on a comprehensive data set we built of every patent lawsuit filed in 2008 and 2009 that resulted in a ruling on the merits, we find that the situation is rather more complicated than simply operating companies vs. NPEs. While operating companies fare better in litigation than NPEs overall, breaking NPEs into different categories reveals more complexity. Patent Assertion Entities (PAEs) in particular win very few cases. Further, once we remove certain pharmaceutical cases from the mix, no patent plaintiff fares very well. That is particularly true of software, computer, and electronics patents.
  • Preliminary report on the 2010 excavation season at Jiyeh
    The archaeological fieldwork in 2010 at the site of Jiyeh (ancient Porphyreon), situated on the Mediterranean coast between ancient Berytus and Sidon, focused in on full-scale excavations of the Late Antique streets and residential quarter (4th–7th century AD ), uncovering 21 rooms and three alleys. The results contributed to a better understanding of the street network in the quarter and the nature of the architecture. The quarter comprising the 21 newly uncovered rooms taken together with 80 from earlier fieldwork in 2008 and 2009 formed an extensive residential complex, approximately 40 m by 35 m. It is a unique example of private domestic architecture illustrating everyday life in Roman and Byzantine Phoenicia. A bread oven (tannur) suggested the presence of a bakery in this part of the settlement.
  • Word vayuna in Rigveda
    A new interpretation of word vayuna as occurring in Rigveda is given with translation of all rik-s containing it.
  • Derivatives and Deregulation Financial Innovation and the Demise of Glass–Steagall
    Just as regulation may inhibit innovation, innovation may undermine regulation. Regulators, much like market actors, rely on categorical distinctions to understand and act on the market. Innovations that are ambiguous to regulatory categories but not to market actors present a problem for regulators and an opportunity for innovative firms to evade or upend the existing order. We trace the history of one class of innovative financial derivatives—interest rate and foreign exchange swaps—to show how these instruments under- mined the separation of commercial and investment banking established by the Glass-Steagall Act of 1933. Swaps did not fit neatly into existing product categories—futures, securities, loans—and thus evaded regulatory scrutiny for decades. The market success of swaps put commercial and investment banks into direct competition, and in so doing undermined Glass-Steagall. Drawing on this case, we theorize some of the political and market conditions under which regulations may be especially vulnerable to disruption by ambiguous innovations.
  • Feminism and the Future of Library Discovery
    This paper discusses the various ways in which the practices of libraries and librarians influence the diversity (or lack thereof) of scholarship and information access. We examine some of the cultural biases inherent in both library classification systems and newer forms of information access like Google search algorithms, and propose ways of recognizing bias and applying feminist principles in the design of information services for scholars, particularly as libraries reinvent themselves to grapple with digital collections.
  • Universals
    Musical universals generally refer to aspects of music that are common across humankind, as opposed to aspects that are culture-specific. The existence of musical universals has implications for diverse areas, such as evolution, aesthetics, and cross-cultural understanding, and has thus been a major focus of debate in ethnomusicology and related disciplines. For reasons of space and expertise, this article focuses on debates about musical universals in the mainstream ethnomusicological canon and their broader connections with concepts of human universals in the Western academic tradition, without intending to diminish the value of alternative approaches developed outside of these traditions. Scale tunings and other aspects of pitch structure were long assumed to be universal. During the 20th century, ethnomusicology embraced relativism, emphasizing cross-cultural differences in musical meaning and behavior. However, a 21st century renewal of interest by music psychologists has seen a return to an empirical middle-ground that seeks to move beyond universal/relative dichotomies. Instead, recent research attempts to characterize the degrees to which different aspects of music are more or less common cross-culturally, and to understand the biological and cultural factors underlying this spectrum. Existing evidence suggests a statistically universal set of basic building blocks that may reflect pan-human biological constraints, but each culture may combine and develop these building blocks in unique ways to construct music that can mean different things to different listeners.
  • Policies, Skills and Earnings: How Educational Inequality Affects Earnings Inequality
    We study the impact of dispersions in education (both in student test scores and final educational attainment) on earnings inequality, in a country-cohort design. Neo-classical economic theory would predict a positive association between skill inequality (as measured in student test scores) and earnings inequality, while educational attainment inequality adds little on top of skills inequality. A sociological theory of social closure, however, argues that inequality in educational attainment is more important than skills inequality in the prediction of earnings inequality. Using educational policies as instruments, we find causal effects of skills inequality and educational attainment inequality, suggesting that a simple human capital model is insufficient to explain rising earnings inequalities. Nevertheless, skills inequality appeared a more important predictor of earnings inequality than educational attainment inequality. Some educational policy reforms (like public preschool provision or introducing standardised tests) led to reduced educational dispersions, and thereby reduced earnings inequality in adulthood.
  • Media Licensing, Convergence and Globalization
    Abstract: Published in EastBound, Vol. 1, March 13, 2006 For nearly a century, governments have imposed detailed limits on the use of radio - who can use what frequencies and waveforms, at what power levels, in which locations, for what purposes. Licenses summarize these controls for specific users or stations. State control of radio use goes far beyond what is accepted for other media, (publishing, photography, Internet, speech, etc.). Most people think this is necessary to control interference; others felt that broadcasting was too powerful a social influence to be left unregulated. But recently, there has been explosive growth in short-range, personal uses of radio - Bluetooth, Wi-Fi, cordless phones, etc. The arguments used to justify radio licensing seem inappropriate for such low-power devices. In fact, government regulation of purely personal, informal communications is unnecessarily intrusive and politically risky. Many countries now allow some short-range wireless devices to be used without a license in specific bands. In general, smarter radios go a long way toward solving problems that once seemed to require rigid government controls, giving rise to the open spectrum movement. At the same time, digitalisation and the widening use of TCP/IP make it possible to transmit nearly any content through any channel. We use our mobile phones to take photographs, send text messages and watch videoclips. Our cable television networks provide Internet access. Seeping out of their original contexts, dissimilar media traditions now mix and clash in interconnecting, hybrid networks. In this situation, it is crucially important to the future of human communication which regulatory norms emerge as default choices and dominant models. Will it be broadcasting, telephony, publishing, Internet or ordinary speech that sets the tone for communications policy in the age of ubiquitous networks? Which regulatory approach do we WANT to set the tone?
  • Advocacy in Social Work or Advocacy versus Social Work?:An attitudinal survey of practicing social workers in Ireland.
    *Abstract* This paper discusses and presents findings drawn from a quantitative attitudinal survey of practising social workers conducted in the republic of Ireland. Sampling was conducted across Ireland within a population of 3900 practising social workers approximately and resulted in 128 responses, 111 of which were complete. The purpose of the study was to explore the role of advocacy approaches in social work practice and to examine the relationship of professional social work to independent advocacy groups. The study found that social workers frequently engage in advocacy tasks. However, despite this, it also found that a majority of social workers feel that the tasks associated with advocacy are best placed with other groups in Irish society. The study found that a majority of social workers acknowledge sharing a similar value-base to independent advocacy groups. However, it also suggests that the relationship between social workers and advocacy groups is complex and conflictual. In this respect, it was suggested that while social workers recognise the importance of advocacy groups, they also acknowledge that advocacy groups do not always complement the social work role. Ultimately this study shows that many practitioners acknowledge that the necessity for advocacy groups in Ireland can be ascribed to the causal effects of contemporary social work practice. *Keywords:* *Social Work; Advocacy; Independent advocacy groups.*
  • How Federal Circuit Judges Vote in Patent Validity Cases
    We recently studied the outcomes of every final written patent validity decision at both the district court and Federal Circuit levels between 1989 and 1996. The study produced a variety of interesting statistics on patent validity questions. Using the dataset from that study, and matching it with the panels serving on each case, we describe in this paper how individual Federal Circuit judges voted in patent validity cases during that period. The results may surprise many patent litigators. While there are some interesting differences in voting patterns, our overall conclusion is that the votes of Federal Circuit judges during this period defied easy description. Judges do not fit easily into "pro-patent" or "anti-patent" categories, or into "affirmers" and "reversers." We think this is a good thing for the court system. Still, there are some interesting facts to be found in the data.
  • A prospective analysis of labour market status and self-rated health in the United Kingdom and Russia
    Comparing prospective data from the United Kingdom and Russia, this paper analyses whether the association of labour market status, and particularly unemployment, with subsequent health varies by the level of state protection provided to the unemployed. While the UK’s unemployment welfare regime is classified as providing minimal protection, the Russian regime is sub-protective. Employing Cox duration analysis upon data from the Russian Longitudinal Monitoring Survey and the British Household Panel Survey for the period 2000–2007, this study finds that labour market status and economic circumstances independently predicted individual-level declines in self-rated health and, contrary to expectations, the associations of unemployment with health decline were similarly sized in the two countries.
  • Bowling with Veterans: The Impact of Military Service on Subsequent Civic Engagement
    From Tocqueville to Putnam, scholars have argued that civic engagement is not only the key to a healthy democracy, but also that civic engagement begats more civic engagement. In this paper I examine the effects of military service on subsequent civic engagement. The key finding is that men who served in the US military prior to the advent of All-Volunteer Force (AVF) in 1973 are actually less civically engaged than those who never served. Military service has no significant effect on civic attitudes. These findings represent an especially powerful challenge to the notion that civic participation begets more civic participation. The fact that serving the citizenry through military duty actually decreases one’s subsequent civic involvement indicates that we cannot assume that all forms of civic activity are equally effective at inculcating their participants with civic values and habits. In fact, these findings indicate a need for a more refined conceptualization of the relationships between civic activity and future civic involvement.
  • Ideology over Strategy: Extending Voting Rights to Felons and Ex-Felons, 1966-1992
    Published as: Burkhardt, Brett C. 2011. “Ideology over Strategy: Extending Voting Rights to Felons and Ex-Felons, 1966–1992.” The Social Science Journal 48(2):356–63. (
    Rural areas of the new EU Member States face serious problems in compliance with EU regulation on waste management. Firstly, the share of the rural population is higher and it has lower living standards and secondly, the waste collection services are poorly-developed covering some rural regions. In this context, open dumping is used as an appropriate waste disposal solution generating complex pollution. This paper analyzes the disparities between Romanian counties regarding the rural population access to waste collection services in 2008 which reflects the geographical distribution of rural dumpsites in 2009. It examines, on one hand , the role of waste management services to reduce illegal dumping and on the other hand, the dysfunctions of traditional waste management system from rural areas and their implications on the local environment.
  • English and Arabic Metaphorical Conceptualization of Food: A contrastive Study
    The purpose of this study is to compare and contrast food conceptual metaphors between English and Arabic. The researcher adopted the corpus-based approach suggested by Deignan (1995) and collected the maximum number of English and Arabic food metaphorical expressions to construct the linguistic corpus for the study. The analysis of the data was carried out for the English and Arabic languages individually following the Conceptual Metaphor Theory. The aim is to come up with a simple classification that facilitated the process of comparison between English and Arabic metaphorical expressions. The findings of the study revealed that English and Arabic share the same major food conceptualization within their scheme, namely: IDEAS ARE FOOD, TEMPERAMENT IS FOOD, GOING THROUGH AN EXPERIENCE ISTASTING IT AND GAINING MONEY UNLAWFULLY IS DEVOURING IT. Nevertheless, such conceptualizations are not equally conventionalized in the two languages due to differences between the Arabic and the western cultures.
  • Living Labs, vacancy, and gentrification
    This paper evaluates smart city (SC) initiatives in the context of re-using vacant property. More specifically, we focus on living labs (LL) and vacancy in general, as well as on their potential role in fostering creative economy-fuelled gentrification. LL utilise Lo-Fi technologies to foster local digital innovation and support community-focused civic hacking, running various kinds of workshops and engaging with local citizens to co-create digital interventions and apps aimed at ‘solving’ local issues. Five approaches to LL are outlined and discussed in relation to vacancy and gentrification: pop-up initiatives, university-led activities, community organised venues/activities, citizen sensing and crowdsourcing, and tech-led regeneration initiatives. Notwithstanding the potential for generating temporary and independent spaces for transferring and fostering digital competences and increasing citizens’ participation in the SC, we argue that LL largely foster a form of participation framed within a model of civic stewardship for ‘smart citizens’. While presented as horizontal, open, and participative, LL and civic hacking are often rooted in pragmatic and paternalistic discourses and practices related to the production of a creative economy and a specific version of SC. As such, by encouraging a particular kind of re-use of vacant space, LL potentially contributes to gentrification pressures within locales by attracting the creative classes and new investment. We discuss these approaches and issues generally and with respect to examples in Dublin, Ireland.
  • Book Review: “Theater in a Crowded Fire: Ritual and Spirituality at Burning Man”
    Book Review of "Theater in a Crowded Fire: Ritual and Spirituality at Burning Man." Lee Gilmore. Berkeley: University of California Press. 2010. xiii + 237 pp. + DVD (30 minutes). Paperback, $24.95 USD, £16.95 GBP. ISBN: 978-0-520-26088-7. Keywords: Ethnography, Spirituality, Ritual, Ritual Theory, Book Review, Burning Man Festival Please cite as: Oman-Reagan, Michael Paul. 2010. “Theater in a Crowded Fire: Ritual and Spirituality at Burning Man by Lee Gilmore.” Alternative Spirituality and Religion Review 1 (2): 163–67.
  • Greenwashing the Trans-Pacific Partnership: Fossil fuels, the environment, and climate change
    Refereed Journal Article Rimmer, Matthew (2016) Greenwashing the Trans-Pacific Partnership: Fossil fuels, the environment, and climate change. Santa Clara Journal of International Law, 14(2), pp. 488-542.
  • Coaching Youth Middle Distance Runners
  • Goldilocks and the South China Sea: Why Vietnam is Hedging Against a Rising China
    When Richard Samuels raised the prospect of a ‘Goldilocks Consensus’ in regards to Japan’s relationship vis à vis China, he was positing the idea that Japan should hedge. Samuels identified a need for Japan to grow stronger whilst avoiding growing sufficiently powerful as to pose a threat to China, while simultaneously positioning itself not too close and not too far from the United States, its security guarantor. In short, Japan should aim to get the relationship ‘just right’, hence the faerie—tale analogy. Moving further south within Asia, an examination of the evolving relationship between Vietnam and China shows this is precisely the strategy Vietnam is adopting vis à vis China, albeit within an entirely different security dynamic. In essence, Vietnam's hedging strategy, comprising what Goh has defined as a form of “triangular politics” between Vietnam, China and the United States, is a strategy predicated on working for the best whilst preparing for the worst. It is a strategy that seeks to combine a mixture of balancing, containment, engagement and enmeshment as a form of insurance against an uncertain strategic future. This paper will argue that, due to Thayer’s “tyranny of geography’ – where Vietnam's shared northern continental border and their long snaking eastern littoral coastline bordering the South China Sea have inevitably thrown Vietnam's and China's interests together – Vietnam is more threatened by China's rise than any other regional state. As Goh states, “the tyranny of geography renders the two countries strategic rivals.” Consequently, as China continues to rise, this paper argues that Vietnam will increasingly seek to hedge with the United States, increasing military and security ties with the western hegemon as part of a nuanced strategy, which also includes engagement with China (particularly through growing trade and economic ties); which seeks to enmesh China in multilateral institutions within the regional security architecture; and which seeks to strengthen its own security position through a program of military modernisation and selective military expansion. This nuanced strategy we shall call hedging.
  • Single-Parent Family Poverty in 24 OECD Countries: A Focus on Market and Redistribution Strategies
    Single-parent families and their high poverty rates remain a genuine concern in OECD countries. Much of the research has focused on “redistribution” through income taxes and transfers as an effec- tive strategy to reduce poverty. In this research brief, we adopt this traditional approach, and then push forward a focus on “market” strategies that facilitate single parents’ labor market participation.
  • Pay Attention: Object Consideration as a Mechanism of Network Diffusion
    Theories of diffusion in networks rely on two broad classes of mechanisms: social influence directs the flow of information, and influence affects object valuation. This paper proposes an integrated model of decision-making for the adoption process. This model reveals a neglected middle step between information and valuation: social influence affects whether agents consider a particular object as relevant to the adoption decision. I identify this attention-driving mechanism using data on traders in an online foreign exchange platform. Features of the setting exclude the possibility of information- or valuation-driven diffusion, but traders still adopt one another’s trading behaviors, and they do so most for those rare behaviors that lack external drivers of attention. I discuss the importance of attention- driven diffusion for future work and the value of an integrated decision model in delineating conditions under which existing theories of influence apply.
  • Rückkaufvereinbarungen und 'contra proferentem'-Regel unter dem UN-Kaufrecht (Repurchase Agreements and Interpretation 'Contra Proferentem' under the UN Sales Convention (CISG))
    Internationales Handelsrecht (2014), 173–179 German Abstract: Der Aufsatz nimmt die sog. "Bowlingbahnen-Entscheidung" des Bundesgerichtshofs (Urteil vom 28. Mai 2014 - VIII ZR 410/12) zum Anlass, eine Reihe dadurch aufgeworfener Fragestellungen zum UN-Kaufrecht (CISG) näher zu untersuchen. Im Einzelnen wird zunächst das bislang kaum thematisierte Verhältnis zwischen den beiden Anwendungsalternativen des Art. 1 Abs.1 lit. a CISG und des Art. 1 Abs.1 lit. b CISG erörtert und gefragt, ob der Rechtsanwender die freie Wahl zwischen diesen beiden Vorschriften hat, um die Anwendbarkeit des UN-Kaufrechts zu begründen. In dieser Hinsicht sprechen gute Gründe für die Annahme, dass das in Art. 7 Abs. 1 CISG vorgegebene Auslegungsziel der möglichst einheitlichen Anwendung des Übereinkommens auf die Wahl zwischen den beiden Anwendungsalternativen durchschlägt und daher diejenige Vorschrift anzuwenden ist, die in concreto zur einheitlicheren Geltung des UN-Kaufrechts führt. Des Weiteren geht der Aufsatz auf die Anwendbarkeit des UN-Kaufrechts auf vertragliche Rückkaufvereinbarungen ein, die der BGH zu Recht bejaht hat. Schließlich wird die Anwendbarkeit der contra preferentem-Regel unter dem UN-Kaufrecht untersucht, die der BGH ohne nähere Begründung angenommen hat. Obgleich dieses Ergebnis letztlich Zustimmung verdient, bedarf es einer dogmatisch belastbaren Basis für diese Auslegung, zumal Art. 8 CISG in seinem Wortlaut keine Grundlage für eine contra preferentem-Interpretation von Parteierklärungen zu bieten scheint. Der vorliegende Aufsatz spricht sich vor diesem Hintergrund für die Herleitung eines allgemeinen, dem Übereinkommen zugrunde liegenden Grundsatzes aus, auf den sich die contra preferentem-Regel stützen lässt. English Abstract: The article discusses a number of issues raised in the 'bowling alley' decision of the German Supreme Court (Bundesgerichtshof) of 28 May 2014 - docket number VIII ZR 410/12 which concerned an international contract for the sale of twenty bowling alleys from the German bowling alley manufacturer to a Belgian leasing company. The contract was governed by the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG). In particular, the article addresses the relationship between Article 1(1)(a) and Article 1(1)(b) CISG, asking whether courts may freely choose which of these two provisions they base the application of the Sales Convention on. It argues that the general goal of a uniform application of the Convention (Article 7(1) CISG) should lead to the use of the provision which results in the more uniform application in the particular case. Furthermore, the application of the Sales Convention to contractual repurchase agreement is scrutinized. Lastly, the applicability of the 'contra conferentem' rule as a rule of interpretation under the Sales Convention is discussed. The article agrees with the German Supreme Court's decision that considered the rule to apply under the Convention, but criticizes that no basis for that assumption was named (given that the wording of Article 8 CISG does not seem to accommodate the contra proferentem principle). It then goes on to identify a general principle underlying the Convention that may serve as a theoretical basis for the application of the contra proferentem rule.
  • Origin, Scope, and Irrevocability of the Manifest Disregard of the Law Doctrine: Second Circuit Views
    A paper concerning the "manifest disregard of the law" standard in the judicial review of arbitrations
    This article presents the results of current studies of Early Byzantine residential architecture in Jiyeh (ancient Porphyreon) that represents the best preserved remains of architecture of this period on the Lebanese coast. This preliminary characteristic is based on fi eldwork carried out in 2012 –13 in the northern, southeastern and western parts of the important housing quarter in Sector D, extended to include the investigations in Sector E in 2013. The discussion draws upon the results of earlier excavation work in Jiyeh (Porphyreon), also taking into account parallels from other Syro-Palestinian sites.
  • Soundscape in North-Eastern Part of Iasi City (Sararie – Ticau District)
    This paper presents a complex study of noise levels from road traffic source and the variation during the seasons in an old residential area located in the north-eastern part of Iasi city, an important educational and cultural centre of the country. The study reveal the correlation between noise levels and social activities developed in the area: low number of inhabitants because of the holidays time in August and the resumption of the educational activity in autumn, including school start in September and of the university activity in October. After direct observations, the measurements were made with digital sound –level meter Quest Technologies, 1400 model in five hour intervals 7:00 - 8:00; 10:00 - 11:00; 13:30 - 14:30; 18:00 - 19:00; 19:00 - 20:00. The monitoring of Equivalent Continuous Noise Level (Leq) were made in 30 points located along the different type of roads in the second part of August – October 2009, with different admissible levels, showing the exceeding of the limit in 5 points in September and 8 points in October. It can be observed an important difference during the week in the monitoring period, between Monday to Friday and the week-end with lower values 59.64 - 6.5 dB (A) in August, 61.98 - 5.14 dB (A) in September, 63.9 - 5.3dB (A) in October and among the four street categories with major differences between first category: 66.89 dB (A) and fourth category 47.69 dB (A), so that urban noise can be stratified according to a prior classification of a town’s streets due to their use and functional characteristics. Sound levels monitoring and statistical data processing (Pearson correlation coefficient, Tukey range test) sustain the fact that road traffic is main source of noise in the area, differentiated in correlation with street category,a decrease in noise with increasing street category, with insignificant differences between first and second street category thank to the best management and traffic control.
  • Roles and Responsibilities for Sustaining Open Source Platforms and Tools
    Developing, deploying and maintaining open source software is increasingly a core part of the core operations of cultural heritage organizations. From preservation infrastructure, to tools for acquiring digital and digitized content, to platforms that provide access, enhance content, and enable various modes for users to engage with and make use of content, much of the core work of libraries, archives and museums is entangled with software. As a result, cultural heritage organizations of all sizes are increasingly involved in roles as open source software creators, contributors, maintainers, and adopters. Participants in this workshop shared their respective perspectives on institutional roles in this emerging open source ecosystem. Through discussion, participants created drafts of a checklist for establishing FOSS projects, documentation of project sustainability techniques, a model for conceptualizing the role of open source community building activities throughout projects and an initial model for key institutional roles for projects at different levels of maturity.
  • Neighborhoods, Family Functioning, and Mothers’ Mental Health for Families with a Child with an Autism Spectrum Disorder
    Mothers of children with autism spectrum disorders (ASD) typically report lower overall family functioning and worse mental health. Neighborhood conditions are found to positively influence family functioning and mental health in the general population. Employing a process-person-context model, this study extends these literatures to examine whether various neighborhood conditions – both positive and negative – affect mothers’ mental health and the overall functioning of families with a child with an ASD. Simultaneous equation path analysis of a nationally representative sample of children in the US finds neighborhood support to be positively and significantly associated with mothers’ mental health and the overall functioning of families with a child with an ASD. However, neighborhood amenities and neighborhood deficiencies were not significantly associated with either mothers’ mental health or family functioning. Neighborhood support can play a vital role in improved subjective quality of life for mothers with a child on the autism spectrum.
  • New Survey Questions and Estimators for Network Clustering with Respondent-Driven Sampling Data
    Clustering coefficient estimation in respondent-driven sampling
  • Concurrent activation of two task sets by implicit and probabilistic contextual cues
    Real-world settings impose constantly changing demands on cognition and behaviour. These task demands can often be predicted by the context, and the implicit learning of these probabilistic context-task associations may enhance task performance. While previous studies have focused on how task cues that are either probabilistic or implicit affect task-switching performance, the present study investigated how people learn and use contextual cues that are both implicit and probabilistic within a cued task-switching design. Participants showed response speed benefits when engaging in tasks that were predicted to be more likely by a preceding contextual cue. However, this probabilistic cueing effect was only seen when specific contextual cues were associated with task probabilities (Experiment 2), and not when contextual categories were associated with task probabilities (Experiment 1). The findings provide support for automatic activation of multiple task sets; a model of multiple concurrent task set activation and representation is proposed. Taken together, our findings suggest that people can implicitly learn probabilistic associations between specific contexts and tasks, and can use information from contexts to guide adaptive behaviour in dynamic environments.
  • José Revueltas y la filosofía latinoamericana: imágenes cinematográficas del mundo
    En este artículo sostengo que la obra del escritor mexicano José Revueltas Sánchez (1914-1976) se aleja de las convenciones de la filosofía latinoamericana, al dejar atrás la experiencia del lamento y la nostalgia por la unidad perdida, así como el extravío del ser sepultado por el colonialismo. Argumento, además, que a ello Revueltas opone un pensamiento sin finalidad y un análisis antimoralista de la verdad. Para lograrlo, postulo que Revueltas utiliza un método basado en la construcción de una imagen cinematográfica del pensamiento. Esto permite construir otra imagen de América Latina, y de su filosofía, por fuera de la moral del sufrimiento o la victimización por parte de Europa. Esa imagen es la de Latinoamérica como isla y no como continente.
  • Conceptual and Methodological Aspects of Documenting the History and the Future of Monuments Restoration – Towards an Interdisciplinary Perspective
    The objective of the paper is the methodological presentation of the basic principles towards a critical interdisciplinary approach for studying the history of monuments restoration, valid for different cultures. The proposed integrated framework offers the possibility to study and document monuments restoration in various spatial levels e.g. global, continental, international, national, regional, and local. The conceptual and methodological aspects are based on the following fundamental pillars a) the development of science and technology, including relevant history of education, b) the evolution of the restoration philosophy, c) the incorporation of the above in restoration projects at a lower level, d) the infiltration of the above in restoration interventions at the lowest level. The author expects that the above successive and/or parallel levels of scientific branches can contribute effectively to the analysis, synthesis and comparative assessment of the aspects and criteria that influenced monuments restoration timeline. The challenge for the researcher of the monuments restoration history is the adjustment of the whole process to his own –under research- level in such a way as to take advantage of all the interdisciplinary inputs creating, thus, inventive links and stimulating new information and knowledge. The above are briefly tested in the case study of Thessaloniki, Macedonia, Greece. Such an inductive approach will enable all disciplines to devote their finest efforts towards understanding, documenting and studying monuments restoration history and, thus, support effectively a sustainable future for the world’s cultural heritage.
  • The Role of Patent Law in Knowledge Codification
    Recent studies of knowledge production have increasingly recognized the role of codified knowledge in the operation of social organizations. But the literature on knowledge production has to date recognized only in passing the role of intellectual property in this process. This paper applies the insights of knowledge production to the features of intellectual property regimes, both to flesh out the analysis of tacit knowledge codification, and to illuminate the role of intellectual property in the firm. Patents, for example, constitute an explicitly codified form of technical knowledge, providing a stable common code for technical know-how, partially ameliorating the risks associated with loss of tacit knowledge. Codification through the patent system also provides important stability to attendant tacit knowledge. Patent doctrines regarding prior art, interference practice, and infringement all address the balance of tacit and codified knowledge. By functioning as a codification mechanism, patents may facilitate employee movement and entrepreneurial business spin-offs. Thus, aside from the usual justifications for patents in terms of incentive or disclosure, patenting may help to secure knowledge against loss or dissipation.
  • The Validity of International Sales Contracts: Irrelevance of the 'Validity Exception' in Article 4 Vienna Sales Convention and a Novel Approach to Determining the Convention's Scope
    in: Ingeborg Schwenzer and Lisa Spagnolo (eds.), Boundaries and Intersections: The 5th Annual MAA Schlechtriem CISG Conference, The Hague: Eleven International Publishing (2014), pp. 95-117 Throughout the history of uniform law for international sales, the rules governing the validity of cross-border sales contracts have proven particularly difficult to harmonize because they differ greatly between the various domestic laws. This dilemma inter alia resulted in the "validity exception" in Article 4 sentence 2(a) of the United Nations Convention for Contracts for the International Sale of Goods of 11 April 1980 (CISG) being adopted as compromise, a provision that supposedly excludes such matters from the scope of the uniform sales law. The present article attempts to demonstrate that this provision in fact provides little assistance in deciding which validity-related matters are governed by the Convention and which are not, and that the "validity exception" is therefore in truth irrelevant. It continues by outlining a novel two-step approach to determining the CISG's scope with respect to validity issues. According to this approach, a domestic law rule (pertaining to validity matters or other issues) is displaced by the Convention if (1) it is triggered by a factual situation which the Convention also applies to (the "factual" criterion), and (2) it pertains to a matter that is also regulated by the Convention (the "legal" criterion). Only if both criteria are cumulatively fulfilled, the domestic law rule concerned overlaps with the Convention’s sphere of application in a way that will generally result in its preemption. In the last part of the article, three issues that may be viewed as concerning the "validity" of international sales contracts are discussed, each in turn being viewed through the traditional lenses of Article 4 CISG and the alternative two-step approach. These issues are: Mistakes and their effect upon CISG contracts; Consumer rights of withdrawal; The so-called "button solution" under recent e-commerce laws.
  • The Unit of Translation
    This paper tackles the topic of the Unit of Translation (UT) with the aim of making a number of suggestions that might bring up new insights into this thorny issue. UT has been differently tackled by scholars and related to general text types, or functions. In this paper, UT is related to the micro text levels and a number of text-functions. It concludes that the UT issue cannot be tackled in terms of wide generalizations of macro text types and that many practical factors interfere in the choice of UT such as text length, text complexity, time pressure, translator’s experience, and degree of conformity between SL & TL languages and cultures.
  • Online Platforms, Rate Parity, and the Free Riding Defence
    A two-sided platform business is a new type of intermediary to be found in a growing number of economic sectors. As to the hospitability industry in particular, recent innovations in the field of digital technologies prompted the rise of so called Online Travel Agents (OTAs) and the demise of the traditional merchant model. Recently national competition authorities (NCAs) in the EU investigated so called rate parity clauses in the contracts between the three largest OTAs and their hotel partners. These are contract clauses laying down the hotelier’s obligation to display the same room prices across sales channels. The parallel investigations conducted by the NCAs revealed an array of anticompetitive effects stemming from rate parity obligations. While the German NCA concluded that there was insufficient evidence of the efficiency gains of these clauses, and therefore decided to prohibit them, the French, Italian and Swedish NCAs implicitly recognised that some level of protection against free-riding was necessary, and accepted commitments to reduce the scope of the rate parity obligation. The hotel online booking cases were closely followed in the EU and beyond, since they could help clarify a number of key assessment issues concerning a category of commercial practices already widely spread in online markets. In-depth analyses of the NCAs’ findings are now needed, especially in view of the promotion of an effective antitrust-based platform regulation. In particular, this article explores some of the challenges related to the application of the traditional free-riding defence to rate parity obligations.
  • Estimations of Flood Waste from Rural Dumpsites Located on Floodplains from Neamţ County, Romania
    Waste dumping is a serious environmental threat to major rivers from extra- Carpathian Region of Neamţ county in the proximity of villages because the lack of waste collection services. In this context, floodplains are frequently susceptible to such bad practices, these areas being also exposed to stronger floods.The paper aims to calculate the potential waste taken from these areas in order to assess a quantitative impact of these bad practices.
  • Black Cyberfeminism: Ways Forward for Classification Situations, Intersectionality and Digital Sociology
    This paper considers what intersectionality brings to digital sociology. I will use digital sociology to mean: observing social processes at the micro, meso, and macro level that are transformed or mediated by digital logics, technologies and platforms. T
  • Geoprivacy
    Location is uniquely sensitive in terms of the kinds of things that it reveals about us as individuals and the ways in which those disclosures are made. This chapter examines the ways in which the rapid proliferation and resulting pervasiveness of spatial media are radically reconfiguring norms and expectations around locational privacy. Existing definitions of locational are individualistic, emphasizing a negatively defined rights oriented approach to privacy – for example, the right to not have one’s location monitored. Privacy, however, is being relocated from the individual to the network, where privacy violations and harms increasingly occur beyond the site of the individual. Encompassing more than solely location, a broadened concept of ‘geoprivacy’ must account for the emergent complex of potential privacy harms and violations that may arise from a number of nascent realities of living in a spatial big data present: i) from the spatial-media enabled pervasive capture and repurposing of individuals’ personal spatial-relational and spatio-temporal data; ii) from the ways in which individuals cast digital footprints as they move across the numerous sensor networks of smart cities; iii) from the circulation and analytics of these data, which position individuals as spatially vulnerable in various and unprecedented ways; and, iv) from the inability of individuals to control highly personal flows of spatial information about themselves in networked device and data ecologies.
  • Copyright’s Digital/Analog Divide
    This Article shows how the substantive balance of copyright law has been overshadowed online by the system of intermediary safe harbors enacted as part of the Digital Millennium Copyright Act (“DMCA”) in 1998. The Internet safe harbors and the system of notice-and-takedown fundamentally changed the incentives of platforms, users, and rightsholders in relation to claims of copyright infringement. These different incentives interact to yield a functional balance of copyright online that diverges markedly from the experience of copyright law in traditional media environments. This article also explores a second divergence: the DMCA’s safe harbor system is being superseded by private agreements between rightsholders and large commercial Internet platforms made in the shadow of those safe harbors. These agreements relate to automatic copyright filtering systems, such as YouTube’s Content ID, that not only return platforms to their gatekeeping role, but encode that role in algorithms and software. The normative implications of these developments are contestable. Fair use and other axioms of copyright law still nominally apply online; but in practice, the safe harbors and private agreements made in the shadow of those safe harbors are now far more important determinants of online behavior than whether that conduct is, or is not, substantively in compliance with copyright law. The diminished relevance of substantive copyright law to online expression has benefits and costs that appear fundamentally incommensurable. Compared to the offline world, online platforms are typically more permissive of infringement, and more open to new and unexpected speech and new forms of cultural participation. However, speech on these platforms is also more vulnerable to over-reaching claims by rightsholders. There is no easy metric for comparing the value of non-infringing expression enabled by the safe harbors to that which has been unjustifiably suppressed by misuse of the notice-and-takedown system. Likewise, the harm that copyright infringement does to rightsholders is not easy to calculate, nor is it easy to weigh against the many benefits of the safe harbors. DMCA-plus agreements raise additional considerations. Automatic copyright enforcement systems have obvious advantages for both platforms and rightsholders; they may also allow platforms to be more hospitable to certain types of user content. However, automated enforcement systems may also place an undue burden on fair use and other forms of non-infringing speech. The design of copyright enforcement robots encodes a series of policy choices made by platforms and rightsholders and, as a result, subjects online speech and cultural participation to a new layer of private ordering and private control. In the future, private interests, not public policy will determine the conditions under which users get to participate in online platforms that adopt these systems. In a world where communication and expression is policed by copyright robots, the substantive content of copyright law matters only to the extent that those with power decide that it should matter. Keywords: Copyright, DMCA, Infringement, Internet, Safe harbors, Enforcement, Fair use, Automation, Algorithms, Robots.
  • Povety Eradication
  • Are the U.S. Patent Priority Rules Really Necessary?
    The United States is the only country in the world that awards patents to the first person to invent something, rather than the first to file a patent application. In order to determine who is first to invent, the United States has created an elaborate set of "interference" proceedings and legal standards to define invention and decide how it may be proven. Supporters of this system claim that it is necessary to protect small inventors, who may not have the resources to file patent applications quickly, and may therefore lose a patent race to large companies who invented after they did. Advocates of global patent harmonization have suggested, however, that the first inventor is usually also the first to file, and that the first-to-invent standard is unnecessary and wasteful. In this Article, we study U.S. Patent and Trademark Office ("PTO") interference proceedings and court cases in which the parties dispute who is first to invent. We find that the first person to file is usually, but by no means always, also the first to invent. In over 40% of the cases, the first to invent is last to file. We also find that the long-standing rule that discriminated against foreign inventors by requiring proof of inventive activity in the U.S. had surprisingly little effect on outcomes; that a large number of priority disputes involve near-simultaneous invention; and that the vast majority of such disputes could be resolved without reliance on much of the evidence the law permits. Finally, we study the role of small inventors to see whether they are disproportionately the beneficiaries of the first to invent system. While the evidence is mixed, it does not appear that small inventors particularly benefit from the first to invent system. Part I describes the legal background for the international debate over how to determine patent priority. Part II describes our studies and discusses our results in detail. Finally, Part III draws conclusions for policy-makers from the data. There is some truth to the arguments of both sides in this debate. The first to invent system does produce significantly different results in individual cases than a first to file system would. But it is not clear that those different results are particularly fairer, or that they are worth the cost. We suggest some possible ways to modify the U.S. system to take account of these facts without changing entirely to a first-to-file system.
  • 3D Printing Jurassic Park: Copyright law, cultural institutions, and makerspaces
    Case Note - Rimmer, Matthew (2016) 3D printing Jurassic Park: Copyright law, cultural institutions, and makerspaces. Pandora's Box. 1-12.
  • Determining rural areas vulnerable to illegal dumping using GIS techniques. Case study: Neamț county, Romania
    The paper aims to mapping the potential vulnerable areas to illegal dumping of household waste from rural areas in the extra- Carpathian region of Neamț County. These areas are ordinary in the proximity of built-up areas and buffers areas of 1km were delimited for every locality. Based on various map layers in vector formats ( land use, rivers, buil-up areas, roads etc) an assessment method is performed to highlight the potential areas vulnerable to illegal dumping inside these buffer areas at local scale. The results are corelated to field observations and current situation of waste management systems. The maps outline local disparities due to various geographical conditions of county. This approach is a necesary tool in EIA studies particularly for rural waste management systems at local and regional scale which are less studied in current literature than urban areas.
  • Expecting the Unexpected
    If the patentee’s invention produced unexpected results, the law says, that is pretty good evidence that it wasn’t obvious. But the law also says that if it is obvious to try to make something, and if those who might try would expect to succeed, making that thing is not patentable. It’s just the ordinary work we expect of scientists. These two doctrines can conflict. What if it is obvious to try something, but actually trying it leads to unexpected results? This actually happens with some frequency, particularly in the chemical and pharmaceutical industries, where researchers are motivated to try various standard modifications of known chemicals but where the unpredictability of the art means that they can expect to be surprised by what they learn from time to time. When these two legal doctrines conflict, the doctrine of unexpected results must give way. Obviousness is based on the idea that we should not give a patent if ordinary scientists could have gotten to the result without the encouragement of that patent. If researchers of ordinary skill were already motivated to try a new variation, and correctly expected that they would succeed, actually trying the new variation is normal science, not the extraordinary skill or insight required for invention. And if scientists would have created the new variation in the ordinary course of their duties, they would of necessity have stumbled upon the unexpected results. Normal science, not the incentive of a patent, led them to that course, so the invention is not patentable. This result may alarm patent owners in the pharmaceutical industries, who have been obtaining patents for this sort of normal experimentation for years. But I think it is required by the Supreme Court’s decision in KSR, which held that an invention was not patentable if it was obvious to try. And while pharmaceutical patent owners may lament the loss of these patents, the rest of the world may not. Patents likely to be affected by the obvious-to-try rule tend to be follow-on patents used to try to extend the life of expired patents on new chemical entities, not breakthrough drugs that require strong protection.
  • Electronic Gaming and the Ethics of Information Ownership
    Players of electronic games, particularly on-line role-playing games, may invest a substantial degree of time, effort, and personal identity into the game scenarios they generate. Yet, where the wishes of players diverge from those of game publishers, the legal and ethical interests of players remain unclear. The most applicable set of legal principles are those of copyright law, which is often grounded in utilitarian justifications, but which may also be justified on deontological grounds. Past copyright cases involving video arcade and personal computer gaming suggest that the gaming scenaria generated by players may constitute original selection and arrangement of the game elements, thus qualifying such gaming sequences for copyright protection as either derivative works or works of joint authorship. But this result may be difficult to justify on utilitarian theories. Rather, the personal investment of game players suggests a deontological basis for claims of game sequence ownership.
  • Neighborhood Change, One Pint at a Time: The Impact of Local Characteristics on Craft Breweries
    Cities have recognized the local impact of small craft breweries, in many ways altering municipal codes to make it easier to establish breweries and making them the anchor points of economic development and revitalization. Nevertheless, we do not know the extent to which these strategies impacted changes at the neighborhood level across the nation. In this chapter, we examine the relationship between growth and locations of craft breweries and the incidence of neighborhood change across the United States. In the first part of the chapter, we rely on a unique dataset of geocoded brewery locations that tracks openings and closings from 2004 to the present. Using measures of neighborhood change often found in literature on gentrification-related topics, we develop statistical models relying on census tract demographic and employment data to determine the extent to which brewery locations are associated with social and demographic shifts since 2000. The strongest predictor of whether a craft brewery opened in 2013 or later in a neighborhood was the presence of a prior brewery. We do not find evidence entirely consistent with the common narrative of a link between gentrification and craft brewing, but we see a link between an influx of lower-to-middle income urban creatives and the introduction of a craft breweries. We advocate for urban planners to recognize the importance of craft breweries in neighborhood revitalization while also protecting residents from potential displacement.
  • A experiência de observador militar da ONU no Saara Ocidental
    A questão do Saara Ocidental constitui o caso de descolonização mais recente, duradouro e não-resolvido do continente africano, em pleno século XXI. Trata-se de um território não-governado, localizado na porção noroeste da África Saariana e encontra-se sob custódia da ONU desde 1991, quando da implantação da MINURSO. Nesse contexto, o presente artigo tem como principal motivação comunicar a experiência no exercício da função de observador militar da ONU, sublinhando aspectos peculiares e práticos, bem como percepções no desempenho dessa função. É uma visão interna da realidade de uma Operação de Paz, do indivíduo e do profissional da Organização. Para tanto, o artigo utiliza abordagem qualitativa na metodologia empregada e aspectos da observação participante e do estudo de caso descritivo. É composto por uma introdução, que visa ambientar o leitor à questão, uma caracterização da área, uma revisão histórica do caso, uma seção de exposição da metodologia e a experiência de um dos autores como observador militar da ONU no Saara Ocidental propriamente dita. Por fim, são realizadas considerações finais na conclusão.
  • Scientific Data Science and the Case for Open Access
    “Open access” has become a central theme of journal reform in academic publishing. In this article, I examine the consequences of an important technological loophole in which publishers can claim to be adhering to the principles of open access by releasing articles in proprietary or “locked” formats that cannot be processed by automated tools, whereby even simple copy and pasting of text is disabled. These restrictions will prevent the development of an important infrastructural element of a modern research enterprise, namely, scientific data science, or the use of data analytic techniques to conduct meta-analyses and investigations into the scientific corpus. I give a brief history of the open access movement, discuss novel journalistic practices, and an overview of data-driven investigation of the scientific corpus. I argue that particularly in an era where the veracity of many research studies has been called into question, scientific data science should be one of the key motivations for open access publishing. The enormous benefits of unrestricted access to the research literature should prompt scholars from all disciplines to reject publishing models whereby articles are released in proprietary formats or are otherwise restricted from being processed by automated tools as part of a data science pipeline.
  • Relational Categorization: Evidence from the Diversification of American Labor Unions
    This article draws upon the changes in voting patterns for American labor unions in recent decades to extend organizational theory about how categorization systems are reproduced and break down. Recent categorization research emphasizes cognitive mechanisms for the reproduction of category schemes: actors explicitly evaluate organizations against an ideal set of categories. This article argues that category schemes can also be reproduced as the epiphenomena of stable social interactions. Such “relational” mechanisms are particularly useful for understanding why specialized organizations sometimes manage to diversify, despite having similar audiences. When stable patterns of social interaction are disrupted, category schemes that were reproduced by such interactions quickly fall apart. Predictions based on this theory are tested on the attempts by American labor unions to diversify their memberships between 1961 and 1999. Consistent with the theory, workers after the early 1980s came to vote for unions that diversified their organizing across industries, but only if those unions had adopted organizational reforms consistent with those described in recent literature on labor-union revitalization. The interaction between such revitalization attempts by individual unions and the strength of union jurisdiction is explored using a combination of interviews with current and former union staff and organizers, and quantitative analysis of four decades’ organizing drives.
  • New Insights into Rental Housing Markets across the United States: Web Scraping and Analyzing Craigslist Rental Listings
    Current sources of data on rental housing – such as the census or commercial databases that focus on large apartment complexes – do not reflect recent market activity or the full scope of the U.S. rental market. To address this gap, we collected, cleaned, analyzed, mapped, and visualized 11 million Craigslist rental housing listings. The data reveal fine-grained spatial and temporal patterns within and across metropolitan housing markets in the U.S. We find some metropolitan areas have only single-digit percentages of listings below fair market rent. Nontraditional sources of volunteered geographic information offer planners real-time, local-scale estimates of rent and housing characteristics currently lacking in alternative sources, such as census data.
  • Findings of the Fordham Que(e)ry: Report to the Fordham University Community
    Report on the findings of the Fordham Que(e)ry LGBTQ Discrimination Perceptions Survey to the Fordham University community.
  • Copyrightability of Recombinant DNA Sequences
    The recent emergence and rapid growth of biotechnology as a commercial industry has raised serious questions concerning the role of patent law as the industry's dominant form of intellectual property protection. Several commentators, drawing on an analogy to computer software protection, have suggested copyright law as an alternative method of protecting recombinant DNA innovation. This article reviews these arguments in light of recent court decisions and scholarly commentary concerning copyright of computer software. The article argues that copyright law is not sacrosanct, but rather represents a particular scope of proprietary interests that may be used to accommodate the needs of new technologies such as biotechnology. The article asserts, however, that the decision to apply copyright protection to such a technology should be based on policy rather than on analogy. The article reviews the basic characteristics of both the science of molecular biology and of the biotechnology industry, and, by contrasting these characteristics to those of the software industry, concludes that, as a matter of policy, copyright is not the most appropriate form of intellectual property protection for biotechnology.
  • Uncanny Robots and Affective Labour in the Oikonomia
    This essay offers a reading of current Australian politics by way of the concepts of the uncanny, the oikos and oikonomia.
  • Edifying Thoughts of a Patent Watcher: The Nature of DNA
    In the pending case Myriad Genetics v. Association for Molecular Pathology, the United States Supreme Court will consider the patentability of human genes under the "product of nature" doctrine. Patentable subject matter is generally held to encompass materials and artifacts created by humans, and not that which exists independently in nature. However, it is not clear that this is a meaningful or helpful distinction. Given on one hand that the concept of a gene is a human construct, and on the other hand that all human creations are drawn from the material environment, the question of gene patenting is better addressed as a matter of innovation policy than of imponderable labeling.
  • Economists' Interest in Collective Decision After World War II: A History
    This paper tracks economists’ rising, yet elusive and unstable interest in collective decision mechanism after World War II. We replace their examination of voting procedures and social welfare functions in the 1940s and 1950s in the context of their growing involvement with policy-making. Confronted with natural scientists’ and McCathythes’ accusations of ideological bias, positive studies emphasizing that collective decisions mechanisms were unstable and inefficient, and normative impossibilities, economists largely relied on the idea the policy ends they worked with reflected a “social consensus.” As the latter crumbled in the 1960s, growing disagreement erupted on how to identify and aggregate those individual values which economists believed should guide applied work, in particular in cost-benefit analysis. The 1970s and 1980s brought new approaches to collective decision: Arrow’s impossibility was solved by expanding the informational basis, it was showed that true preferences could be revealed by making decision costly, and experimentalists and market designers enabled these mechanisms to be tested in the lab before being sold to those public bodies looking for decision procedures that emulated markets. In this new regime, the focus paradoxically shifted to coordination, revelation and efficiency, and those economists studying collective decision processes were marginalized.
  • Where to File Your Patent Case
    Patent lawyers spend a great deal of time figuring out the best districts in which to file patent cases. Based on a comprehensive study of all patent lawsuits over the past ten years, I identify the best – and worst – districts for patent owners along a variety of metrics. The answers will surprise you.
  • “It could turn ugly”: Selective Disclosure of Attitudes in Political Discussion Networks
    This article documents individuals selectively disclosing their political attitudes and discusses the consequences of these communication patterns for social influence and the democratic process. Using a large, diverse sample of U.S. resident adults, we ask under which conditions do people reveal their political preferences versus keeping them close to the vest. We find Americans are more likely to share their opinions with friends and family rather than co-workers and they are more likely to share their opinions on more salient topics. More importantly, they withhold their political attitudes specifically from those with whom they disagree in an attempt to avoid conflict. This produces the experience of highly homogeneous social contexts, in which only liberal or conservative views are voiced, while dissent remains silent, and oftentimes goes unacknowledged. This experience is not the result of homogeneous social contexts but the appearance of them. Paradoxically, the mechanism of selective disclosure, whose goal is to prevent conflict at the micro-level, might lead to the perception of greater division in the larger society.
  • Things You Should Care About in the New Patent Statute
    A brief outline of the twenty most significant changes in the new patent statute, organized by when those changes happen.
  • Intellectual Property in the New Technological Age: 2016 - Chapters 1 and 2
    Rapid advances in digital and life sciences technology continue to spur the evolution of intellectual property law. As professors and practitioners in this field know all too well, Congress and the courts continue to develop intellectual property law and jurisprudence at a rapid pace. For that reason, we have significantly augmented and revised "Intellectual Property in the New Technological Age. The 2016 Edition reflects the following principal developments: ● Trade Secrets: Congress passed the Defend Trade Secrets Act of 2016, one of the most momentous changes in the history of trade secret protection. The new law opens up the federal courts to trade secret cases, provides for ex parte seizures of misappropriated trade secrets in “extraordinary circumstances,” and establishes immunity for whistleblowers. ● Patents: The past several years have witnessed some of the most significant developments in U.S. patent history — from the establishment of the new administrative review proceedings at the Patent Office to important shifts in patent-eligibility, claim indefiniteness, and enhanced damages at the Supreme Court and means-plus-function claim interpretation and infringement doctrine at the Federal Circuit. We have restructured the patent chapter to illuminate these areas. We have also significantly expanded coverage of design patents in response to the growing importance of this form of protection. ● Copyrights: The Supreme Court issued important decisions addressing the public performance right and the first sale doctrine. The past few years also witnessed important developments in the Online Service Provider safe harbor, fair use, and state protection for pre-1972 sound recordings. We have also integrated the digital copyright materials into a unified treatment of copyright law and substantially revamped the fair use section to reflect the broadening landscape of this important doctrine. ● Trademarks: We have integrated important cases on federal registrability of disparaging marks, merchandising rights, likelihood of confusion on the Internet, and remedies. ● Other State Protections: We have updated material on the right of publicity, an active and growing area. We have also reorganized the chapter and focused it on IP regimes.
  • Acting Right? Privatization, Encompassing Interests, and the Left
    I present a theoretical account of the politics of privatization that predicts left-wing support for the policy is conditional on the proportionality of the electoral system. In contrast to accounts that see privatization as an inherently right-wing policy, I argue that, like trade policy, it has the feature of creating distributed benefits and concen- trated costs. Less proportional electoral systems create incentives for the Left to be responsive to those who face the concentrated costs, and thus for them to oppose privatization more strongly. More proportional systems reduce these incentives and increase the extent to which distributed benefits are internalized by elected representatives. Hypotheses are derived from this theory at both the individual and macro-policy level, and then tested separately. Quantitative evidence on public opinion from the 1990s and privatization revenues from Western European countries over the period 19802005 supports the argument.
  • Pathologies of Development Practice
    Development actors are regularly aware of the shortcomings of governance interventions before, during, and after development assistance is introduced, yet those programs continue and are even revisited. Why? This paper uses the Pakistani experience with power sector reforms to illustrate how the donor-led reform agenda had readily apparent shortcomings. A new wave of development thinking responds to such failures by drawing on complexity theory and moving toward more local, iterative and experimental approaches. However, by highlighting how the awareness of problems with reforms isn’t sufficient to avoid them, this paper points to a higher order of obstacles which remain unaddressed.
  • "Songs of Innocence and of Experience": Amateur Users and Digital Texts
    Digital texts promise to allow learning beyond that possible with traditional resources. Purpose-built digital texts are crafted for specific research purposes, with developer-users and devoted academics comprising their primary, "scholar" audience. A secondary, "amateur" audience of learners with less digital text experience also relies on theses purpose-built resources. Does the promise of new learning from digital texts extend beyond scholars to amateurs, or does the design of purpose-built digital texts, by focusing on more experienced users with direct lines of communication to digital text developers, prevent this extension of benefits? This study gauged one subgroup of amateur users' perceptions of the value of digital texts in terms of answering self-generated research queries. The participants, graduate students from the University of Michigan's information master's program, worked with a digital text and completed a survey assessing their experience of digital text features and perception of their learning success. An analysis of the survey data produces an introductory understanding of amateur users' perceptions of their digital text use, their design needs, and their success or failure at learning through digital texts. The narrative responses suggest that while the idea of new learning from digital texts is foreign to the amateur audience, their assessment of digital text features was not particularly marked by their amateur status. This result suggests that designing purpose-built digital texts to serve both digital text scholars as well as some amateur subgroups is a reasonable task.
  • Datos personales y Cloud Computing
    El cloud computing o computación en la nube se ha impuesto y la transición de muchos sistemas hacia ese modelo tecnológico parece ya imparable. Hemos abordado la problemática asociada al almacenamiento y uso de datos de carácter personal (en el amplio sentido legal del concepto) que puede tener una BU que se plantee implementar servicios basados en la nube. La transición al cloud computing de las BU supone una potencial ruptura de las normas éticas con las que los bibliotecarios nos hemos dedicado a proteger la privacidad de los usuarios, y complica la aplicación del marco legal de protección de datos. Probablemente la estrella de esa migración a la nube la encontramos en los SIGBs. Desde hace unos años los desarrolladores de estos productos se han lanzado a ofertar soluciones basadas en esta tecnología. Pero hay que advertir que no solo de SIGBs está hecha la nube bibliotecaria. No es extraño que BU usen (o se hayan planteado usar) formularios electrónicos gratuitos para recoger datos (como Google Forms), o sistemas de mensajería instantánea para mejorar la comunicación y difusión de información (como WhatsApp), o áreas personales de recursos-e contratados (como ProQuest Central), por citar algunos ejemplos. Tanto en los grandes y costosos sistemas destinados específicamente a las bibliotecas como en otros servicios, muchos de ellos gratuitos, pueden estar implicados datos de carácter personal que afecten a nuestros usuarios. Más allá de las conocidas ventajas, existen inconvenientes al ser terceros (muchas veces multinacionales) quienes facilitan estas soluciones (habitualmente deslocalizadas y no muy transparentes) perdiendo la B el control directo de los datos de los usuarios y de su actividad.
  • A Proposal for a Defensive Patent License
    *Abstract: * This is a draft op-ed for Wired, for purposes of discussion at Santa Clara University's November 16, 2012 conference,“Solutions to the Software Patent Problem.” It is a very brief discussion of the argument presented in my paper with Jason Schultz, “Protecting Open Innovation: A New Approach to Patent Threats, Transaction Costs, and Tactical Disarmament,” forthcoming 26 Harvard Journal of Law and Technology __ (2012), available at vailable at SSRN:
  • The Lives and Deaths of Jobs: Technical Interdependence and Survival in a Job Structure
    Prior work has considered the properties of individual jobs that make them more or less likely to survive in organizations. Yet little research examines how a job's position within a larger job structure affects its life chances and thus the evolution of the larger job structure over time. In this article, we explore the impact of technical interdependence on the dynamics of job structures. We argue that jobs that are more enmeshed in a job structure through these interdependencies are more likely to survive. We test our theory on a quarter-century of personnel and job-description data for the non-academic staff of one of America’s largest public universities. Our results provide support for our key hypotheses: jobs that are more enmeshed in clusters of technical interdependence are less likely to die. At the same time, being part of such a cluster means that a job is more vulnerable if its neighbors disappear. And the "protection" of technical interdependence is contingent: it does not hold in the face of strategic change or other organizational restructurings. We offer implications of our analyses for research in organizational performance, careers, and labor markets.
  • The Dubious Autonomy of Virtual Worlds
    Current debates over the autonomy of virtual worlds have an eerie similarity to discussions about the independence of cyberspace two decades ago. The history of the Internet offers some important lessons for how the law will affect virtual worlds, and how it should do so.
  • Rationality, Perception, and the All-Seeing Eye
    Seeing—perception and vision—is implicitly the fundamental building block of the literature on rationality and cognition. Herbert Simon and Daniel Kahneman’s arguments against the omniscience of economic agents—and the concept of bounded rationality—depend critically on a particular view of the nature of perception and vision. We propose that this framework of rationality merely replaces economic omniscience with perceptual omniscience. We show how the cognitive and social sciences feature a pervasive but problematic meta-assumption that is characterized by an "all-seeing eye." We raise concerns about this assumption and discuss different ways in which the all-seeing eye manifests itself in existing research on (bounded) rationality. We first consider the centrality of vision and perception in Simon’s pioneering work. We then point to Kahneman’s work—particularly his article "Maps of Bounded Rationality"—to illustrate the pervasiveness of an all-seeing view of perception, as manifested in the extensive use of visual examples and illusions. Similar assumptions about perception can be found across a large literature in the cognitive sciences. The central problem is the present emphasis on inverse optics—the objective nature of objects and environments, e.g., size, contrast, and color. This framework ignores the nature of the organism and perceiver. We argue instead that reality is constructed and expressed, and we discuss the species-specificity of perception, as well as perception as a user interface. We draw on vision science as well as the arts to develop an alternative understanding of rationality in the cognitive and social sciences. We conclude with a discussion of the implications of our arguments for the rationality and decision-making literature in cognitive psychology and behavioral economics, along with suggesting some ways forward
  • The Foundations of Individuals' Generalized Social Trust: A Review
    This chapter reviews the literature on the causes of individuals' generalized social trust (trust in unknown others) from a wide-range of social science disciplines. We structure the review around two broad classes of explanations: dispositional explanations (trust as a disposition) and experiential explanations (trust as a response to individual experiences). Specific attention is paid to the potential for drawing causal inferences - based on quality of data, and the methods used - in the studies reviewed.
  • Differential Susceptibility of Peer Influences: Gene-Environment Interactions and Gene-Environment Correlations
    This paper examines potential gene-environment interactions in responses to peer influences on tobacco use. Specifications found in the literature that link own use to school-level tobacco use suggest widespread interactive effects, where individuals with the short/short 5-HTT genetic variant have the largest responsiveness to peer smoking. However, I show that individuals are sorted into schools in ways that suggest important gene-environment correlations may confound these findings. Using an across-cohort, within school strategy to separate school level effects (including school selection bias) and grade-level peer effects, I find evidence of reversals of the baseline specifications, so that the results suggest that individuals with the long/long 5-HTT variant are most susceptible to peer influence, increasing the likelihood of smoking by 3 percentage points per 10% increase in peer smoking. These results are consistent with a broader concern that many gene-environment models may fail to fully account for gene-environment correlation.
  • Should Property or Liability Rules Govern Information?
    This Article focuses on an unappreciated and significant aspect of the debate over property rules in the technology law context. In particular, it argues that the classic justification for legal entitlements protected by a property rule - i.e., a right to injunctive relief - depends on the ability to define and enforce property rights effectively. In the case of many technology markets, the inability to tailor injunctive relief so that it protects only the underlying right rather than also enjoining noninfringing conduct provides a powerful basis for using a liability rule (i.e., awarding the relevant damages to the plaintiff) instead of a property rule. Notably, where injunctive relief cannot be confined to protecting the underlying right, the availability of such relief can give rise to a "holdup strategy," whereby a firm threatens or uses litigation to obtain a settlement significantly in excess of any harm it suffers. Such strategies, as the Article explains, arise in a variety of technology law contexts, including patent law, digital copyright cases, and spectrum regulation. Depending on the particulars of the context, either courts or agencies should superintend the relevant liability regime and, in some cases, the administrative challenges may undermine the case for a liability rule at all. Unfortunately, legal scholars have generally focused on the substantive debate as to the proper scope of property rights - often arguing for an all or nothing solution - at the expense of evaluating the institutional considerations as to whether and when courts or agencies can superintend a liability regime in lieu of a property right.
  • Individuals as problems: psychology between individuation and the 'illusion of subjectivity'
    This presentation experiments with the proposition that, rather than understanding 'individual psychic life', psychology should devote itself to the analysis of 'individuals as problems' (Tucker, 2012). Such an invitation seeks to provide psychology with a non-reductionist and processual understanding of experience. Moreover, it encourages efforts to deploy the specific patterns of processes of heterogeneous relations that compose specific and perceivable forms of individuation. It is tempting to celebrate this new way of understanding the possibilities of psychology since it avoids what can be understood as the 'illusion of subjectivity' (Duff, 2014), i.e. it's evanescent and mediated character. Under that scope, subjectivity is an illusion psychology frequently grounds in an equally illusory reified, single-bounded, autonomous subject. What this paper seeks to propose is that along with embracing the idea of psychology as the task of experimenting with individuals as problems -and the new forms of subjectivity that might entail- we would do well by asking what kind of problems individuals are, and what does it mean to cultivate 'individuals as problems' as the raison d'etre of its work, and wonder about what 'the psychological' might become under such endeavour.
  • Crowd Science: Measurements, Models, and Methods
    The increasing practice of engaging crowds, where organizations use IT to connect with dispersed individuals for explicit resource creation purposes, has precipitated the need to measure the precise processes and benefits of these activities over myriad different implementations. In this work, we seek to address these salient and non-trivial considerations by laying a foundation of theory, measures, and research methods that allow us to test crowd engagement efficacy across organizations, industries, technologies, and geographies. To do so, we anchor ourselves in the Theory of Crowd Capital, a generalizable framework for studying IT-mediated crowd engagement phenomena, and put forth an empirical apparatus of testable measures and generalizable methods to begin to unify the field of crowd science. Prpić, J., & Shukla, P. (2016). Crowd Science: Measurements, Models, and Methods. Proceedings of the Hawaii International Conference on System Sciences #49. January 2016, Kauai, Hawaii, USA. IEEE Computer Society Press.
  • Orphan Works and the Search for Rightholders: Who Participates in a 'Diligent Search' under Present and Proposed Regimes?
    *Abstract: * Over the past several years, policy makers and private actors have developed an evolving set of approaches for addressing the orphan works problem — a problem that arises when “the owner of a copyrighted work cannot be identified and located by someone who wishes to make use of the work in a manner that requires permission of the copyright owner,” preventing follow-on uses of works. These approaches usually attempt to address the orphan works problem by employing some threshold mechanism to differentiate true orphan works, to which the proposed solutions would apply, from non-orphaned copyrighted works. Satisfying a “reasonably diligent search” is one well-known formulation by which users can designate works as orphaned and therefore subject to a proposed solution, though — as this paper points out — alternative approaches certainly exist. Regardless of the specific formulation, the search for rightsholders (or conversely, the confirmation that no rightsholder can be located) is an integral component of almost every orphan works proposal. This paper examines in detail the core schemes for identifying rightsholders among the leading orphan works regimes and proposals. Although these schemes differ across many variables, three factors predominate: (1) who is expected to participate in the search process, (2) the nature and extent of the required search generally; and (3) specifically what types of resources, tools, registries or other information-sharing mechanisms are required or allowed. This paper compares existing proposals’ approaches with respect to the first factor: who participates in a search? A subsequent paper will focus on the second and third factors. Available at SSRN:
  • Beyond Refusal to Deal: A Cross-Atlantic View of Copyright, Competition and Innovation Policies
    Conventional wisdom holds that the European Union has opted to apply its competition law to the exercise of intellectual property rights to a much greater extent than has the United States. We argue that, at least in the context of copyright protection, this conventional wisdom is false. While European antitrust regulation of refusal to license one's intellectual property does seem much more robust and activist than U.S. antitrust regulation of similar conduct, focusing solely on one narrow aspect of antitrust doctrine — the treatment of a unilateral refusal to deal — tells less than half the story. Once various doctrines of copyright law are taken into account, the substantive difference between the European and American approaches not only narrows, but in some key respects is reversed. While European jurisdictions have relatively expansive copyright protection which may require antitrust intervention to check anti-competitive uses of copyrighted works, American copyright law provides stronger internal limits on copyright protection, which thereby lessens the need for resort to antitrust law as an external check on anti-competitive uses of copyrighted works. Furthermore, when the broader impact that antitrust law might have on the exercise of IPRs in the United States is considered (not only in substance, but also in antitrust process), it becomes apparent that in key respects, when innovative-competition is at stake, U.S. law grants overall weaker copyright protection than that available in Europe. We also explain why the two jurisdictions have adopted distinct approaches to resolving similar problems and evaluate those approaches.
  • Is this Relevant?: Physician Perceptions, Clinical Relevance, and Religious Content in Clinical Interactions
    Despite wide support among physicians for practicing patient-centered care, clinical interactions are primarily driven by physicians’ perception of relevance. These perceptions of relevance depend on the physician’s own biographical background. While some physicians will perceive a connection between religion and patient health, this relevance will be less apparent for others. I argue here that physician responses when religious/spiritual topics come up during clinical interactions will depend on their own religious/spiritual background. The more central religion is for the physician, as reflected by their religious/spiritual orientation, intrinsic religiosity, and religious coping, the greater their perception of religion’s impact on health outcomes and their inclusion of religion/spirituality within clinical interactions. Using a nationally representative sample of physicians in the U.S. and mediated path models, I estimate models for five different physician actions to evaluate these relationships. I find that a physician’s religious background is strongly associated with whether or not they think religion impacts health outcomes, which is strongly predictive of inclusion. I also find that not all of the association between inclusion and physicians’ religious background is mediated by thinking religion impacts health outcomes. Issues of religion’s relevance for medicine are important to the degree that religious beliefs are an important dimension of patients’ lives.
  • Recent Developments in Patent Law (Spring 2016)
    This paper summarizes the most important patent cases in the past 12 months, from May 2015 through April 2016.
  • Inherency
    Inherency is a puzzle that runs throughout patent law. Patents are based upon descriptions of technology. However, technologies may have qualities that are unappreciated or unidentified in a patent description, but which are nonetheless present. The law refers to these unknown attributes as inherent in the product or process. What should be done about such characteristics or qualities of a technology that exist but are not explicitly described, either through ignorance or inadvertence? This problem is explicitly presented in at least five different patent doctrines: anticipation, the on-sale bar, priority disputes, double-patenting, and enablement; and it casts its shadow across the law governing subject matter, infringement, and obviousness. Inherency is also perhaps the most elusive doctrine in all of patent law. The cases appear to flatly contradict each other, are often accompanied by dissents, and in the last three years alone have triggered one abortive en banc rehearing and strong calls for a second. In particular, the courts have split sharply over whether an element can be inherent in a prior art reference even if people of ordinary skill in the art do not appreciate the existence of that element. In this Article, we argue that this confusion is largely unnecessary. While many courts have recited as gospel the idea that inherency requires knowledge or appreciation of the inherent element, in no case does the application of the inherency doctrine actually turn on knowledge of the element. Rather, the inherency cases are all ultimately about whether the public already gets the benefit of the claimed element or invention. If the public already benefits from the invention, even if they don't know why, the invention is inherent in the prior art. If the public doesn't benefit from the invention, there is no inherency. In Part I, we examine the main thread of inherency cases, those arising out of the novelty and statutory bar provisions of the Patent Act. We explain how the courts got off track in their focus on knowledge, and why a focus on benefit clearly and consistently explains the doctrine. In Part II, we consider inherency in a different context, one in which the inventor must show possession of the claimed invention, either to prevent a new matter rejection or to establish priority of invention. Finally, in Part III, we discuss the broader implications of this rule, including what the inherency doctrine may mean for patents on DNA sequences and patents on drugs derived from traditional knowledge. A proper understanding of the inherency doctrine may offer a logical explanation for the product of nature cases, undermining the last significant exception to patentable subject matter.
  • Development of Social Value Orientations: Socialization and Life-Cycle Effects
    Why do older people have more prosocial value orientations than youngsters? The 'prosocial-growth hypothesis' (Van Lange, Otten, De Bruin & Joireman, 1997) suggests that people become more prosocial as they grow older. In contrast, the alternative 'prosocial generation hypothesis' states that older people are more prosocial because they were raised in a more religious social context. By adding historical data on the formative socialization context to a cross-sectional survey, this article shows that more than 85% of the correlation of birth year with social value orientations is the result of generational differences, for instance with regard to religious socialization at the micro-level. Life cycle-effects account for 15% of the relation: the longer people are married, the more prosocial they are.
  • Archipelago of Risk: Uncertainty, Borders and Migration Detention Systems
    This essay takes Deleuze’s ‘Postscript’ as a point of departure for a theory of risk analytics. The illustrative case in this essay is the Australian ‘Detention Network’, a vast system of migration detention that has been wholly privatised since 1997 and has served as a laboratory for similar systems in other parts of the world. This illustration tests the limits of normative and constructivist theories of risk. The principal argument in this essay is that contemporary analytics of risk are preoccupied with integrating uncertainty (or uninsurable risk) into formulations of risk, and that this necessarily gives rise to complex, archipelagic systems of abstract and physical dimensions. it places the emphasis on contracts as mechanisms that assemble stochastic processes into sociotechnical systems and forms of value.
  • Curricular Tracking and Social Inequality in Mathematics Achievement: A Comparative Reform Study
    Between-school segregation is high on the agenda of academic researchers and policy makers. Especially between-school tracking is heavily debated, as early tracking is said to enhance social inequalities in learning opportunities. Contemporary debates on the relevance of comprehensive education in the United States, the Netherlands, Belgium, England and Germany, may learn from changes in educational inequalities that have emerged after past reforms from early tracking to comprehensive systems. We study educational inequalities by socioeconomic background in nine countries, across time. Using a comparative reform study and international student assessment data collected among eigth-graders, it is demonstrated that social inequalities more strongly reduced in systems that have transformed their educational system from tracked to comprehensive education than in systems without this reform.
  • Starting off on the Wrong Foot? Newly Founded Firms, TMT Structures, and the Unusualness Penalty
    *Abstract*: While there is abundant evidence about the effects of top-management-team (TMT) characteristics, less is known about the effects of TMT structures, meaning the array of functional positions that TMT members fill.There are strong norms about TMT structures, so organizations that violate these norms may suffer.This is especially true for startups, which rely on their TMTs for legitimacy.Although many new organizations adopt TMT structures that are typical in their industry, others adopt more unusual structures.To study the effects of TMT structure unusualness, we build on theories of TMTs, legitimacy, and imprinting.We argue that organizations with more unusual TMT structures at startup suffer an /unusualness penalty/ and are more likely to fail, and that this unusualness penalty is stronger for specialists than generalists.We also argue that even if organizations amass experience with unusual TMT structures or their structures become less unusual, the unusualness penalty persists.To test these predictions, we analyze data on firms in one industry over five decades.The results generally support our predictions, indicating that unusual TMT structures have negative consequences that organizations cannot easily overcome.
    This paper proposes a performance assessment method (PAM) at urban scale, based on five specific waste indicators such as: population access to waste collection services (%), separate collection (%), reuse & recycle (%), landfilling (%) and amounts of waste uncollected (Qwu-%). Values of each indicator are correlated to an assessment table for three different years (2004, 2007, 2010) highlighting the disparities between urban localities from Neam County. The paper also examines the changes and dysfunctions of urban waste management systems between preaccession vs post-accession period. PAM should be a necessary tool for environmental authorities or decision-makers for monitoring the process of municipal solid waste systems from various cities on regional scale, particularly for new EU members.
  • Encouraging Software Reuse
    In the last fifteen years, the primary means of legal protection for computer software has shifted from copyright to patent. We argue that one unanticipated effect of this trend may be to encourage software reuse. Traditionally, computer programmers have reinvented software components, coding programs from scratch each time a new one is desired rather than buying and reusing existing components. This process is inefficient, and is in stark contrast to the normal practice in other engineering disciplines. We argue that copyright law encourages reinvention and discourages the development of a market for tradeable software components because it allows competitors to appropriate the value of a new software invention without payment to the original developer of that invention, but forbids competitors from copying the computer code implementing that invention. The result is that competitors take inventions from others, but write their own code to implement those inventions. By contrast, patent law gives strong protection to inventions, forcing competitors to license the patent in order to make any product incorporating the idea. It is reasonable to expect that one effect of increasing reliance on patent law will be an increase in licenses of both the patented idea and the implementing code. This licensing should in turn pave the way for the trading and reuse of software components. Note: This paper was published in its final form at 49 Stan. L. Rev. 255 (1997).
  • Academic Publishing: Past and Future
    Published article: Forgues, B., and Liarte, S. 2013. Academic Publishing: Past and Future. M@n@gement, 16(5): 739-756.
  • From Maimonides to Microsoft: The Jewish Law of Copyright Since the Birth of Print, Introduction
    In this book, Neil Netanel traces the historical development of Jewish copyright law. In so doing, he compares rabbinic reprinting bans with secular and papal book privileges and relays the stories of dramatic disputes among publishers of books of Jewish learning and liturgy, beginning with the early sixteenth century and continuing until today. He describes each dispute in its historical context and examines the rabbinic rulings that sought to resolve it. Remarkably, the rabbinic reprinting bans and copyright rulings address some of the same issues that animate copyright jurisprudence today: Is copyright a property right or just a right to receive fair compensation? How long should copyrights last? What purposes does copyright serve? While Jewish copyright law has borrowed from its secular counterpart at key junctures, it fashions strikingly different answers to those key questions.
  • S.L. Frank and the Concept of Perezhivanie (Erlebnis)
    In this paper, I will elucidate how perezhivanie (Erlebnis) is at the centre of Semyon Ludvigovich Frank’s (1877-1950) realism, and explain why the result of Frank’s theory is different from the relativism that is characteristic of Life-Philosophy, particularly that of the German philosopher Wilhelm Dilthey. I will also look at how Frank’s study of Goethe led him to attempt to overcome the idea that intuitive knowledge of reality and knowledge by means of reasoning are incompatible. I will try to explain how Frank attempts to avoid the trap of relativism into which life-philosophy such as that of Dilthey, who also studied Goethe, is prone to fall.
  • Who's Patenting What? An Empirical Exploration of Patent Prosecution
    We have studied a large, random sample of U.S. patents issued between 1996 and 1998. We collected a variety of information about these patents, including area of technology, national origin, the number of inventors, nature and size of the owning entity, the number and type of prior art references, and the time spent in prosecution. We seek to establish relationships between a number of variables in issued patents-such as number of inventors, numbers and types of references to the prior art, numbers and types of claims, and length of time between application and issuance-and a number of defined areas of technology. We identify the countries in which particular inventions originated--almost one-half of all issued U.S. patents cover inventions originating in other countries--and test for relationships between the above variables and countries of origin. We also evaluate relationships between countries of origin and areas of technology. The conclusions are somewhat surprising, and point to a patent system that is far from unitary in the way it treats different inventors and different inventions.
  • Culture is a meritocracy: Why creative workers’ attitudes may reinforce social inequality
    This article investigates attitudes towards inequality among creative workers. In the UK, there is considerable public interest in access to creative jobs, and a concern that these jobs are limited to those from privileged backgrounds. Moreover, both inequalities in cultural work and the attitudes of cultural workers have been important areas of study for existing research. Based on a web survey (N=2487), this article investigates attitudes among creative workers, and finds that the characteristics that are most consistently associated with success by creative workers are hard work and ambition, rather than structural factors, such privileged social origins, gender or ethnicity. Using principal components analysis and regression, we show that there are three main factors related to getting ahead, associated with reproduction, meritocracy, and education, and we show that those in the most privileged positions – broadly, the highest-paid white non-disabled men – are those most likely to deny an account of success in the creative industries associated with cultural reproduction. We conclude that the attitudes held by creative workers, and who holds which attitudes, make it unlikely that access to the sector and trajectories of individual progression within the sector will change. This paper has been submitted to a journal for consideration.
  • The Curious Incident of the Supreme Court in Myriad Genetics
    Often what is not said is as significant as what is said. In its recent Myriad Genetics decision, the United States Supreme Court is curiously silent about the relationship between its holding in that case and the holding in its immediately previous patent subject matter case, Mayo v. Prometheus. This reticence is all the more puzzling given that the Court initially remanded Myriad to the lower courts for reconsideration in light of the Mayo holding. The Court's silence regarding Mayo leaves uncertain the relationship between the "products of nature" doctrine that serves as the basis for the Myriad decision, and the "laws of nature" doctrine that has been the basis of nearly all of its other subject matter cases. In this paper I assemble the clues in the laws of nature cases to suggest what the Court might have said or might still say regarding products of nature.
  • The Economic Irrationality of the Patent Misuse Doctrine
    This Comment evaluates the economic effects of the patent misuse doctrine. The patent misuse doctrine is an equitable remedy analogous to the “unclean hands” doctrine in tort law. It bars infringement suits by patentees who have “misused” their patent grant, either by using the patent to violate the antitrust laws or by extending their patent monopoly in some other way. The author first describes the nature and scope of antitrust protection in the patent area, and contrasts the antitrust laws with the patent misuse doctrine. Next, the author argues that the patent misuse doctrine is irrational from an economic standpoint for three reasons: the level of sanction is unrelated to the injury caused; the sanction duplicates antitrust remedies, leading to excessive recoveries; and the sanction is awarded as a windfall to the patent infringer even if that party was not injured by the misuse. These effects combine to make the patent misuse doctrine indefensible from the standpoint either of proportionality or of deterrence. Finally, the author reviews recent legislative efforts to reform the patent misuse doctrine and argues that they are misguided because they fail to deal with the fundamental problems described herein. The author concludes that the patent misuse doctrine ought to be abolished, and that the antitrust laws can serve the same purposes that the patent misuse doctrine was designed to serve.
  • Greek Hip Hop: Local and Translocal Authentication in the Restricted Field of Production
    This paper illustrates how hip hop practitioners in Athens, Greece legitimate hip hop as an authentic musical form within the restricted field of cultural production. First, this paper outlines how fields of cultural production operate. Second, this paper illustrates how the data for this project was collected. Third, this paper highlights how past and current struggles within the field shape how authenticity is defined. Fourth, this paper highlights the discursive techniques used by hip hop practitioners to position rap music as aesthetically superior to the commercially successful genres of new wave laika, 'hip pop,' corporate American hip hop and Greek pop. Fifth, I illustrate how hip hop practitioners use two competing processes of aesthetic legitimation: local authentication and translocal authentication, within the restricted field of cultural production. Finally, I conclude with some suggested avenues for future research. Sent from Mail for Windows 10
  • "How can you love a work, if you don't know it?": Critical Code and Design toward Participatory Digital Editions
    A literature/digital humanities PhD digital dissertation, exploring the design, coding, and usertesting of the participatory digital edition, participatory digital humanities and meaningful crowdsourcing more broadly, and meta-analysis of a unique digital humanities dissertation approach that consisted of design, code, usertesting, blogging, and a whitepaper written during the final month before the PhD defense. The dissertation *is*; I've uploaded both the PDF of the whitepaper and a ZIP of the entire website (which includes archived blog posts, WARCs of the digital edition, and more).
  • Digital Copyright and the Consumer Revolution: Hands off my iPod
    Book Rimmer, Matthew (2007) Digital copyright and the consumer revolution: Hands off my iPod. Edward Elgar, Cheltenham, UK, and Northampton, MA, USA.
  • Does mindset affect children’s ability, school achievement, or response to challenge? Three failures to replicate.
    Mindset theory states that children’s ability and school grades depend heavily on whether they believe basic ability is malleable and that praise for intelligence dramatically lowers cognitive performance. Here we test these predictions in 3 studies totalling 624 individually-tested 10-12-year-olds. Praise for intelligence failed to harm cognitive performance and children’s mindsets had no relationship to their IQ or school grades. Finally, believing ability to be malleable was not linked to improvement of grades across the year. We find no support for the idea that fixed beliefs about basic ability are harmful, or that implicit theories of intelligence play any significant role in development of cognitive ability, response to challenge, or educational attainment.
  • Resurrecting Smelser: Collective Power, Generalized Belief, and Hegemonic Spaces
    When people mobilize for collective action, it is because they want something. These wants are known as grievances, and in order for them to emerge, collectivities must break free of hegemonic power to see their true interests. This paper takes a new look at Smelser’s /The Logic of Collective Action/ and finds that by incorporating a robust understanding of power, Smelser’s framework can provide an understanding of grievance emergence. JOURNAL CONTRIBUTOR'S PUBLISHING AGREEMENT -- This email may be subject to disclosure under R.I. Gen. Laws § 38-2-2. Confidentiality cannot be assured. Mikaila Mariel Lemonik Arthur Chair, Department of Sociology, Rhode Island College Craig-Lee Hall Room 451 Phone: (401) 433-9633 Fax: (401) 456-8665
  • Diversity Levers
    Patent law is capable of prompting innovation across a wide range of technologies by virtue of flexible "policy levers" that allow patent standards to be calibrated to the impediments that characterize different economic sectors. But it has become increasingly clear that social bias also raises significant barriers to successful creativity and innovation. In this essay I argue that the same policy levers used to address economic impediments to innovation can also be used to address other social impediments to innovation. I offer as a detailed example one possible doctrinal response to the well-documented gender gap in patentable innovation. I conclude by suggesting that such doctrinal "diversity levers" are available to address innovation deficits among other underrepresented innovators, but that considerable work remains to identify when and where such intervention might be effective.
  • Die vierte Dimension. Wissensdiskurse und Imagination in Alan Moores und Eddie Campbells "From Hell"
    This article analyzes the role of William Gull, the Jack the Ripper figure in Alan Moore and Eddie Campbell's "From Hell", as a physician and scientist. A "mad scientist", Gull unites modern sciences and pre-modern forms of science like magic and divination. Lines are drawn to C.H. Hinton's theory of the 4th dimension, and ultimately to Moore's concept of imagination and the comics form.
  • Size Matters to Lesbians Too: Queer Feminist Interventions into the Scale of Big Data
    How can we recognize those whose lives and data become attached to the far-from-groundbreaking framework of “small data”? Specifically, how can marginalized people who do not have the resources to produce, self-categorize, analyze, or store “big data” claim their place in the big data debates? I examine the place of lesbians and queer women in the big data debates through the Lesbian Herstory Archive’s not “big” enough lgbtq organizing history dataset—perhaps the largest dataset known to exist on lgbtq activist history—as one such alternative. A contribution to critical data studies, I take a queer feminist approach to the scale of big data by reading for the imbricated scales and situated knowledge of data.
  • Appropriating Democratic Discourse in North Africa
    Political actors across the globe often use the language of democracy, but they do not all use the same language. Drawing on content analysis of 1,935 speeches given between 2000 and 2010, this study examines how five North African autocrats appropriated the global discursive form of democracy by altering its content. These leaders proposed that the special circumstances of each country preclude any one-size-fits-all global definition of democracy, whose imposition in their countries, they claim, would be inappropriate, ineffective, or dangerous. Through their speeches, these rulers redefined democracy by engaging in active ideological work, weaving together discourses that combined global norms, state interests, and local values. This suggests that, in addition to being a benchmark by which to measure modes of governance, “democracy” is also a language game played between actors on a global stage. By synthesizing theoretical frameworks drawn from world polity and social movement studies traditions, this study shows that peripheral actors may adapt global discourses purposefully and strategically rather than encountering them as passive participants in a purely mimetic cultural diffusion process. This has implications for a wide range of global norms that are open to appropriation by local actors drawing on domestic and external political developments and experiences.
  • Embedding Citizen Science in Research: Forms of engagement, scientific output and values for science, policy and society
    This paper addresses emerging forms of Citizen Science (Citizen Science), and discusses their value for science, policy and society. It clarifies how the term Citizen Science is used and identifies different forms of Citizen Science. This is important, since with blurred distinctions there is a risk of both overrating and underestimating the value of Citizen Science and of misinterpreting what makes a significant contribution to scientific endeavour. The paper identifies three main forms of citizen science 1) Citizen Science as a research method, aiming for scientific output, 2) Citizen Science as public engagement, aiming to establish legitimacy for science and science policy in society, and, 3) Citizen Science as civic mobilization, aiming for legal or political influence in relation to specific issues. In terms of scientific output, the first form of Citizen Science exceeds the others in terms of scientific peer-reviewed articles. These projects build on strict protocols and rules for participation and rely on mass inclusion to secure the quality of contributions. Volunteers are invited to pursue very delimited tasks, defined by the scientists. The value of the three distinct forms of Citizen Science –for science, for policy and for society, is discussed to situate Citizen Science in relation to current policy initiatives in Europe and in the US. In quantitative terms the US, and particularly the NSF have so far taken a lead in allocating research funding to Citizen Science projects (primarily of the first form), however, the White House has recently issued a memorandum addressing societal and scientific challenges through citizen science covering all three forms discussed in this paper. As Citizen Science is currently being launched as a way to change the very landscape of science, important gaps in research are identified and policy recommendations are provided, in order for policy makers to be able to assess and anticipate the value of different forms of Citizen Science with regard to future research policy.
  • His and Hers: Economic Factors and Relationship Quality in Germany
    Research has linked economic factors to relationship quality in the United States, primarily using cross-sectional data. In the current study, 2 waves of the Panel Analysis of Intimate Relationships and Family Dynamics data (n = 2,937) were used to test the gendered association between economic factors and relationship satisfaction among young German couples. In contrast to U.S.- based studies, the findings showed striking gender differences in the association between economic factors and relationship satisfaction for Germans. In cross-sectional models, women’s relationship satisfaction was positively associated with receiving government economic support, and men’s satisfaction was positively associated with poverty status and negatively associated with being a breadwinner. Longitudinal models revealed that changes in poverty status are associated with women’s satisfaction, but men’s satisfaction remains tied to their role as family provider. These unexpected results suggest that men’s satisfaction is positively associated with a more equal division of labor market activity between partners.
  • Alan Westin’s Privacy Homo Economicus
    *Abstract: * Homo economicus reliably makes an appearance in regulatory debates concerning information privacy. Under the still-dominant U.S. “notice and choice” approach to consumer information privacy, the rational consumer is expected to negotiate for privacy protection by reading privacy policies and selecting services consistent with her preferences. A longstanding model for predicting these preferences is Professor Alan Westin's well-known segmentation of consumers into “privacy pragmatists,” “privacy fundamentalists,” and “privacy unconcerned.” To be tenable as a protection for consumer interest, “notice and choice” requires homo economicus to be broadly reliable as a model. Consumers behaving according to the model will know what they want and how to get it in the marketplace, limiting regulatory approaches to information privacy. While notice and choice is undergoing strong theoretical, empirical, and political critique, U.S. Internet privacy law largely reflects these assumptions. This Article contributes to the ongoing debate about notice and choice in two main ways. First, we consider the legacy Westin's privacy segmentation model itself, which as greatly influenced the development of the notice-and-choice regime. Second, we report on original survey research, collected over four years, exploring Americans’ knowledge, preferences, and attitudes about a wide variety of data practices in online and mobile markets. Using these methods, we engage in considered textual analysis, empirical testing, and critique of Westin’s segmentation model. Our work both calls into question longstanding assumptions used by Westin and lends new insight into consumers’ privacy knowledge and preferences. A close textual look at factual and theoretical assumptions embedded in the segmentation model shows foundational flaws. With testing, we find that the segmentation model lacks validity in important dimensions. In analyzing data from nationwide, telephonic surveys of Internet and mobile phone users, we find an apparent knowledge gap among consumers concerning business practices and legal protections for privacy, calling into question Westin’s conclusion that a majority of consumers act pragmatically. We further find that those categorized as “privacy pragmatists” act differently from Westin’s model when directly presented with the value exchange — and thus the privacy tradeoff — offered with these services. These findings reframe the privacy pragmatist and call her influential status in U.S. research, industry practice, and policy into serious question. Under the new view, she cannot be seen as “pragmatic” at all, but rather as a consumer making choices in the marketplace with substantial deficits in her understanding of business practices. This likewise calls into question policy decisions based on the segmentation model and its assumptions. We conclude that updated research and a policy approach that addresses both rationality and knowledge gaps are key. Available at SSRN:
  • Protecting Markets from Society: Non-Pecuniary Claims in American Corporate Democracy
    The state incentivizes investors to entrust capital to public corporations by granting shareholders enforceable rights over managers. However, these rights create legal “access points” through which social movements can make non-pecuniary claims on the corporation. I use original historical research on the Securities and Exchange Commission’s administration of federal securities law to show that concern over non-pecuniary claims motivates the state to enact the role of “market protector.” In this role, the Commission insulates managers of corporations from shareholders’ claims that it deems illegitimate because they are insufficiently profit-oriented. Thus the inverse of Polanyi’s observation that society protects itself from markets is also true: the state creates market boundaries so that “always embedded” markets function more like autonomous, profit-oriented markets. Accordingly, the extent to which corporate democracy represents general, social interests or narrow, profit-oriented interests is largely a function of political contestation and state policy.
  • Ready for Patenting
    Patent law has tried to find a middle ground between a vision of invention as a mental act and a competing vision that focuses on the actual building of a working product. The definition of invention in the 1952 Patent Act incorporates both conception and reduction to practice, sometimes choosing the first to conceive as the inventor and at other times choosing the first to reduce an invention to practice. But in trying to walk that middle ground, patent law has actually discouraged inventors from getting their inventions to work in practice, rewarding those who run to the patent office before they are fully done with the invention and giving them precedence over those who take the time to make sure their invention works by building and testing it. The problem is even worse under the new America Invents Act passed in 2011, which encourages patentees to file their applications as soon as possible. The fact that the law encourages inventors to file first and figure out later how (or even if) the invention works for its intended purpose is unfortunate. It produces underdeveloped patent applications that do not communicate useful information to the world. It facilitates the rise of patent trolls who obtain patents but never bother to produce a product, instead making a business of suing those who do. And it pushes people to patent things just in case, adding more patents into a system already overburdened with them. I reject proposals to go to the opposite extreme, requiring patentees to make products. But we should not be in the position in which we currently find ourselves: treating inventors less favorably if they try to build and test their inventions In this paper, I offer some thoughts on ways we might seek to protect inventors who actually decide to build and test their products.
  • Digital Sources & Digital Archives: The Evidentiary Basis of Digital History
    What happens to history when the basis of its sources and evidence becomes increasingly digital? Similarly, what happens to history when it’s archives become digital? Given how the very form of archives as institution is anchored in the management of paper documents, what does it even mean to have a “digital archive”? This essay is an attempt to identify and discuss issues in the evidentiary basis of history that arise as the materials and systems that manage those materials become digital. In looking at different kinds of sources and archives I work to suggest practical advice on the kinds of issues and questions one should ask when working to interpret, to find out what one can say, based on digital sources and digital archives.
  • The geometry of mortality change: Convex hulls for demographic analysis
    We introduce convex hulls as a data visualization and analytic tool for demography. Convex hulls are widely used in computer science, and have been applied in fields such as ecology, but are heretofore underutilized in population studies. We briefly discuss convex hulls, then we show how they may be applied profitably to demography. We do this through three examples, drawn from the relationship between child mortality and adult survivorship (5q0 and 45p15 in life table notation). The three examples are: (i) using convex hulls for outlier identification; (ii) for studying sex differences in mortality; and (iii) for studying period and cohort differences. We find, respectively, that convex hulls can be useful in robust compilation of demographic databases, and that the gap/lag framework for sex differences or period/cohort differences is more complex when mortality data are arrayed by two components as opposed to a unidimensional measure such as life expectancy. The potential applicability of these methods goes beyond mortality.
  • Dynamic Associations of Network Isolation and Smoking Behavior
    Prevailing social network frameworks examine the association between peer ties and behaviors like smoking, but the role of social isolates is poorly understood. Some theories predict isolated adolescents are protected from peer influence that increases smoking, while others suggest isolates are more likely to initiate smoking because they lack social control provided by peer friendships. Building on a growing literature that seeks to explain these contradictions by moving beyond a homogeneous understanding of isolation, we identify the relationships between smoking and three distinct dimensions of isolation: avoided (adolescents who do not receive ties), withdrawn (adolescents who do not send ties), and externally oriented (adolescents who claim close out-of-grade friends). We examine the coevolutionary effects of these dimensions and cigarette smoking using an autoregressive latent trajectory model (ALT) with PROSPER Peers, a unique, longitudinal networks dataset. These data include students (47% male and 86% White) from rural Iowa and Pennsylvania, ranging successively from grades 6-12 in eight waves of data. As a robustness check, we use a stochastic actor-oriented model (SAOM) to compare to results from the ALT. We find avoided isolation and external orientation are associated with decreased successive smoking in high school, while smoking increases subsequent isolation along all three dimensions, with particularly strong effects on withdrawn isolation.
  • The Growing Complexity of the United States Patent System
    In this Article, we compare a data set of 1000 U.S. patents issued between 1996 and 1998 to a similarly random sample of 1000 patents issued twenty years earlier, between 1976 and 1978. By studying the differences between the groups, we can get a clear picture of how the patent system has changed over time. The results are dramatic. By almost any measure - subject matter, time spent in prosecution, number of prior art references cited, number of claims, number of continuation applications filed, number of inventors - the patents issued in the late 1990s are more complex than those issued in the 1970s. While some of these effects are attributable to the patenting of new technologies like biotechnology and software, unknown in the early 1970s, the increase in complexity is robust even across areas of technology. Further, the patent system in the 1990s is more heterogeneous than it was in the 1970s. There are far greater differences by area of technology and by nationality in how patents are being prosecuted in the 1990s than there were in the 1970s. We explore a number of possible explanations for these results, and discuss the policy implications of the lack of uniformity that now characterizes our patent system.
  • Antitrust Law and Regulatory Gaming
    Antitrust law promotes competition in the service of economic efficiency. Government regulation may or may not promote either competition or efficiency, depending on both the goals of the agency and the effects of industry "capture." Antitrust courts have long included regulated industries within their purview, working to ensure that regulated industries could not use the limits that regulation imposes on the normal competitive process to achieve anticompetitive ends. Doing so makes sense; an antitrust law that ignored anticompetitive behavior in any regulated industry would be a law full of holes. The role of antitrust in policing regulated industries appears to be changing, however. A cluster of Supreme Court decisions in the past decade have fundamentally altered the relationship between antitrust and regulation, placing antitrust law in a subordinate relationship that, some have argued, requires it to defer not just to regulatory decisions but perhaps even to the silence of regulatory agencies in their areas of expertise. Absolute antitrust deference to regulatory agencies makes little sense as a matter either of economics or experience. Economic theory teaches that antitrust courts are better equipped than regulators to assure efficient outcomes in many circumstances. Public choice theory - and long experience - suggests that agencies that start out trying to limit problematic behavior by industries often end up condoning that behavior and even insulating those industries from market forces. And as history has shown, relying on regulatory oversight alone without the backdrop of antitrust law would leave both temporal and substantive gaps in enforcement, which unscrupulous competitors could exploit to the clear detriment of consumers. The mere existence of a competition-conscious regulatory structure cannot guarantee against abuses of that structure, or against exclusionary behavior that falls just beyond its jurisdiction. Indeed - and perhaps ironically - the very regulatory structure that exists to promote competition can create gaming opportunities for competitors bent on achieving anti-competitive goals. Such "regulatory gaming" undermines both the regulatory system itself and the longstanding complementary relationship between regulatory and antitrust law. We argue that the risk of regulatory gaming provides an important example of the need for ongoing antitrust oversight of regulated industries. We define regulatory gaming as private behavior that harnesses pro-competitive or neutral regulations and uses them for exclusionary purposes. We identify three possible instances of regulatory gaming: (1) product-hopping, in which the branded company makes repeated changes in drug formulation to prevent generic substitution, rather than to improve the efficacy of the drug product; (2) manipulation of government standard-setting organizations; and (3) claims of price squeezes by partially regulated industries. Our goal in this paper is not to persuade the reader that these particular examples of regulatory gaming do or do not violate the antitrust laws. Rather, our point is that whether or not particular acts of regulatory gaming harm competition is and should be an antitrust question, not merely one that involves interpreting statutes or agency regulations. Some level of antitrust enforcement - with appropriate deference to firm decisions about product design and affirmative regulatory decisions that affect market conditions - provides a necessary check on behavior, such as product hopping, that has no purpose but to exclude competition.
  • The Surprising Virtues of Treating Trade Secrets as IP Rights
    Trade secret law is a puzzle. Courts and scholars have struggled for over a century to figure out why we protect trade secrets. The puzzle is not in understanding what trade secret law covers; there seems to be widespread agreement on the basic contours of the law. Nor is the problem that people object to the effects of the law. Rather, the puzzle is a theoretical one: no one can seem to agree where trade secret law comes from or how to fit it into the broader framework of legal doctrine. Courts, lawyers, scholars, and treatise writers argue over whether trade secrets are a creature of contract, of tort, of property, or even of criminal law. None of these different justifications have proven entirely persuasive. Worse, they have contributed to inconsistent treatment of the basic elements of a trade secret cause of action, and uncertainty as to the relationship between trade secret laws and other causes of action. Robert Bone has gone so far as to suggest that this theoretical incoherence suggests that there is no need for trade secret law as a separate doctrine at all. In this article, I suggest that trade secrets can be justified as a form, not of traditional property, but of intellectual property (IP). The incentive justification for encouraging new inventions is straightforward. Granting legal protection for those new inventions not only encourages their creation, but enables an inventor to sell her idea. And while we have other laws that encourage inventions, notably patent law, trade secrecy offers some significant advantages for inventors over patent protection. It seems odd, though, for the law to encourage secrets, or to encourage only those inventions that are kept secret. I argue that, paradoxically, trade secret law is actually designed to encourage disclosure, not secrecy. Without legal protection, companies in certain industries would invest too much in keeping secrets. Trade secret law develops as a substitute for the physical and contractual restrictions those companies would otherwise impose in an effort to prevent a competitor from acquiring their information. The puzzle then becomes why the law would require secrecy as an element of the cause of action if its goal is to reduce secrecy. I argue that the secrecy requirement serves a channeling function. Only the developers of some kinds of inventions have the option to over-invest in physical secrecy in the absence of legal protection. For products that are inherently self-disclosing (the wheel, say, or the paper clip), trying to keep the idea secret is a lost cause. We don't need trade secret law to encourage disclosure of inherently self-disclosing products - inventors of such products will get patent protection or nothing. But if trade secret law prevented the use of ideas whether or not they were secret, the result would be less, not more, diffusion of valuable information. The secrecy requirement therefore serves a gatekeeper function, ensuring that the law encourages disclosure of information that would otherwise be kept secret, while channeling inventors of self-disclosing products to the patent system. My argument has a number of implications for trade secret policy. First, the theory works only if we treat trade secrets as an IP right, requiring proof of secrecy as an element of protection. If we give the protection to things that are public, we defeat the purpose and give windfalls to people who may not be inventors (what we might call "trade secret trolls"). Courts that think of trade secret law as a common law tort rather than an IP right are apt to overlook the secrecy requirement in their zeal to reach "bad actors." Second, an IP theory of trade secrets also encourages preemption of "unjust enrichment" theories and other common-law ways courts are tempted to give private parties legal control over information in the public domain. Thus, an IP theory of trade secrets is in part a "negative" one: the value of trade secret law lies in part in defining the boundaries of the cause of action and preempting others that might reach too far. Finally, treating trade secrets as IP rights helps secure their place in the pantheon of legal protection for inventions. The traditional conception of the tradeoff between patents and trade secrets views the disclosure function of the patent system as one of its great advantages over trade secret law. And indeed the law operates in various ways to encourage inventors to choose patent over trade secret protection where both are possible. But for certain types of inventions we may actually get more useful "disclosure" at less cost from trade secret than from patent law.
  • Familialist poverty regulation : the case of the ‘Bolsa Família’ Programme in the Northeast region of Brazil
    This thesis’ object is the poverty regulation in Brazil within the framework of the ‘Bolsa Família’ Programme, a conditional cash transfer social policy assembling several elements of the debate and the experience of poverty in Brazil. This work explains how the mechanisms of poverty regulation interact with local citizenship practices. In effect, the access of the poor to social rights and the exercise of their political rights are both object of a process of regulation by family values ​​in a context of strong social inequalities. Beyond the fact that social assistance depends on family organisation, the implementation of the ‘Bolsa Família’ Programme is based on informal rules, reflecting the dominant social representations of poverty in Brazil. In addition, the allocation of social benefits depends in part on personalised rapports between the programme’s beneficiaries and political candidates and elected representatives. This work is based on a case study in the Northeast region of Brazil—in a middle-sized municipality of the Ceará state. An ethnographic approach allowed the identification of the logic of operation of a political machine involving social assistance, elected officials, social workers and beneficiaries. More generally, this thesis examines the interactions between the poor and the society as a whole, from a local perspective of contemporary issues of poverty regulation and contributes to the study of the political and electoral use of social assistance.
  • The Economics of Improvement in Intellectual Property Law
    A number of doctrines in modern copyright and patent law attempt to strike some balance between the rights of original developers and the rights of subsequent improvers. Both patents and copyrights are limited in duration and in scope. Each of these limitations provides some freedom of action to subsequent improvers. Improvers are free to use material that is in the public domain because the copyright or patent has expired. They are free to skirt the edges of existing intellectual property rights, for example by taking the ideas but not the expression from a copyrighted work or "designing around" the claims of a patent. However, improvers cannot always avoid the intellectual property rights of the basic work on which they wish to improve. Some improvements fall within the scope of the preexisting intellectual property right, either because of an expansive definition of that right or because economic or technical necessity requires that the improver hew closely to the work of the original creator in some basic respect. Here, the improver is at the mercy of the original intellectual property owner, unless there is some separate right that expressly allows copying for the sake of improvement.
  • Learning about networks using sampling
  • The Burden of Knowledge
    A paper concern the virtues of ignorance and law's role in maintaining it
  • Ending Patent Law's Willfulness Game
    Patent law turns the attorney-client privilege on its head. Patent law punishes willful infringers by subjecting them to treble damages. An odd set of legal rules stemming from patent law's effort to determine what constitutes willful infringement effectively requires companies confronted with a patent first to obtain a written opinion of counsel and then to disclose that opinion in court. To do that, the accused infringer will have to waive its attorney-client privilege in virtually every case. Even worse, the law puts the question whether an accused infringer will have to waive privilege in the hands of the patent owner, who can send a carefully crafted letter putting a potential defendant on notice of the patent. A patent owner thus triggers the obligation to obtain a written opinion of counsel without actually threatening to sue anyone. In turn, accused infringers who are aware of these rules respond to such letters by obtaining a sort of pseudo-legal advice that both they and their attorneys recognize to be a construct. Both plaintiffs and defendants are playing a costly game. The rules of this game have perverse consequences for patent law. Some of these consequences affect litigation - lawyers and clients who know that the lawyer's advice will be disclosed to the other side will behave differently, withholding information and candid advice from each other. But other consequences extend beyond litigation. They infect pre-litigation advice, essentially making it impossible for a competent lawyer to advise a client that a competitor's patent should be avoided. The rules of the willful infringement game set traps for the unwary, who may not realize the consequences of failing to obtain the necessary written opinion of counsel. They interfere with a client's ability to choose counsel. And they discourage engineers and companies from reading a competitor's patents at all, thereby undermining the disclosure function that is at the foundation of the patent system. One possibility is to abolish the willfulness rule entirely. We ultimately reject this approach because we worry that ordinary patent damages alone will be insufficient to deter infringement optimally in many cases. Another possibility is to abolish the rule that requiring disclosure of opinions of counsel. While a good idea, this option would not solve the problems created by the willfulness game, because many defendants will still need to rely on the opinion of counsel in order to disprove willfulness. Instead, we think the better approach to willful infringement is first to redefine it as adopting a technology with knowledge that it was derived from the patentee, and second to adjust the premium charged for it. Many of the problems with the willfulness rules stem from the fact that willfulness is an ongoing inquiry. The ongoing nature of the inquiry adversely affects a defendant that develops or adopts a technology in good faith but later learns it is infringing a patent. Changing the focus of the inquiry to the time of adoption is consistent with the ordinary understanding of willfulness outside of patent law and would help end the willfulness game. An independent developer could never be a willful infringer, and thus would not need either to obtain or disclose in court a written opinion of counsel merely because it later learned of a patent. By contrast, an accused infringer would need advice of counsel if it was aware of a patent and affirmatively sought to design around the patent. Such an accused infringer therefore would have to waive privilege. But since only the accused infringer's intent at the time of adoption would matter, the scope of privilege waiver would be limited to communications at the time of adoption, and would not infect the advice given by litigation counsel.
  • The Maker Movement: Copyright Law, Remix Culture and 3D Printing
    Article - Matthew Rimmer, 'The Maker Movement: Copyright Law, Remix Culture and 3D Printing' (2017) 41 (2) The University of Western Australia Law Review 51-84.
  • Spatial distribution of rural dumpsites parameters in Romania
    Poor waste management facilities led to uncontrolled waste disposal on improper sites in the proximity of human settlements particularly in rural areas. This bad practice prevailed in all rural regions until 16 July 2009 when these garbage dumps should be closed and rehabilitated according to Government Decision number 345/2005 which comply the Landfill Directive 1999/31/EC. The paper aims a spatial analysis of waste indicators concerning the rural dumpsites at administrative territorial units on national, regional and local scale. These data are correlated to geographical conditions reflecting spatial patterns in their distribution across and within Romanian counties. The role of geographical conditions is revealed at local scales in these spatial patterns due to a low coverage rate of rural communities to waste collection services. Such analysis supported by field observations is necessary for a proper understanding of illegal waste disposal issue. Rural regions are still exposed to such bad practices polluting the local environment.
  • Could Java Change Everything? The Competitive Propriety of a Proprietary Standard
    The Internet software market is characterized by strong network effects and omnipresent intellectual property rights. In this paper, we attempt to explore the relationship between the two, focusing on two examples: the government's antitrust proceeding against Microsoft for browser tying, and Sun's suit against Microsoft for altering Java. We conclude that the social value of the Internet lies in its ability to facilitate interoperation, and this in turn argues in favor of open access to network standards. Such open standards may be achieved in the open market. Where they are not, the law may intervene, but it must be cautious not to overreach and to avoid disturbing the incentives provided by intellectual property protection.
  • Beasts of Prey or Rational Animals? Private Governance in Brazil's Jogo do Bicho
    This work presents a rational choice account for the jogo do bicho ('animal game'), possibly the largest illegal lottery game in the world. Over 120 years, the jogo do bicho has grown into a multimillion-dollar business and exerted a significant impact on the Brazilian society. The lottery has been a major sponsor of the Carnival Parade in Rio de Janeiro, which is among the world's most famous popular festivals, and it has remained an important driver of state corruption in the country. This work investigates the institutions that have caused the jogo do bicho's notable growth and long-term survival outside the boundaries of the Brazilian law. It also explains the emergence of the informal rules that govern the game as well as their enforcement mechanisms. Keywords: Brazil; criminal organisations; gambling; jogo do bicho; private governance JEL Codes: D72, K42, P26, P37, Z00 DOI: BibTeX entry: @misc{freire2017jogodobicho, title={{Beasts of Prey or Rational Animals? Private Governance in Brazil's \emph{Jogo do Bicho}}}, howpublished = {\url{}}, publisher={SocArXiv}, author={Freire, Danilo}, year={2017}, month={Mar} }
  • Unpacking Blockchains
    The Bitcoin digital currency appeared in 2009. Since this time, researchers and practitioners have looked “under the hood” of the open source Bitcoin currency, and discovered that Bitcoin’s “Blockchain” software architecture is useful for non-monetary purposes too. By coalescing the research and practice on Blockchains, this work begins to unpack Blockchains as a general phenomenon, therein, arguing that all Blockchain phenomena can be conceived as being comprised of transaction platforms and digital ledgers, and illustrating where public key encryption plays a differential role in facilitating these features of Blockchains.
  • Copyright Policymaking as Procedural Democratic Process: A Discourse Theoretic Perspective on ACTA, SOPA, and PIPA
    In Bring in the Nerds: Secrecy, National Security, and the Creation of Intellectual Property Law, David Levine juxtaposes two starkly different copyright policymaking processes: the closed international process that produced the Anti-Counterfeiting Trade Agreement (ACTA) and the relatively open domestic process that led quite dramatically to the scuttling of the Stop Online Piracy Act (SOPA) and the PROTECT IP Act (PIPA). He reads the two processes against each other as a prelude to recommending Freedom of Information Act (FOIA) reform. The amendment to FOIA that Professor Levine proposes would open the international IP policymaking process to greater public scrutiny by creating a qualified public right to "foreign relations" national security information, which was systematically withheld from the public during the ACTA negotiations. This article, prepared for the Cardozo Arts and Entertainment Law Journal's 2012 Symposium, "Piracy and the Politics of Policing: Legislating and Enforcing Copyright Law," is a response to Professor Levine that draws on Jürgen Habermas' discourse theory of procedural democracy to examine the policymaking dynamics of ACTA and SOPA/PIPA and to assess the democracy-enhancing potential of the FOIA reform Professor Levine proposes. Annemarie Bridy Professor|University of Idaho College of Law|PO Box 83720-0051|Boise, ID 83720|Ph. 208.364.4583 Affiliate Scholar|Stanford Center for Internet and Society Affiliate Fellow|Yale Information Society Project SSRN|HeinOnline|LinkedIn|Twitter
  • Reconceiving Patents in the Age of Venture Capital
    The case for patent enforcement driving innovation is far from clear. But patents may serve myriad other purposes besides excluding competitors. We should focus more of our attention on how patents are used outside traditional litigation and licensing.
  • Urban Science: A Short Primer
    This paper provides a short introductory overview of urban science. It defines urban science, details its practioners and their aims, sets out its relationship to urban informatics and urban studies, and explains its epistemology and the analysis of urban big data. It then summarizes criticism of urban science with respect to epistemology, instrumental rationality, data issues, and ethics. It is concluded that urban science research will continue to grow for the foreseeable future, providing a valuable means of making sense of cities, but that it is unlikely it will become a new paradigm, producing an integrative approach that replaces the diverse philosophical traditions within urban studies.
  • Convergence in the Law of Software Copyright?
    Virtually all the courts to consider non-literal infringement of software copyrights have lined up with the “narrow constructionists,” engaging in “analytic dissection” of computer programs in order to determine whether any copyrightable expression has actually been copied. Most commonly, this analytic dissection has taken the form of the “abstraction-filtration-comparison” test set forth in Computer Associates v. Altai. While there are still a few courts in which the “total concept and feel” approach remains the law, the approach is moribund: since Altai was decided, no court has endorsed the broader “total concept and feel” approach. Rather than ending, the debate over software copyright law appears to be shifting its focus. Having finally resolved the debate that has been plaguing software copyright law since its inception, courts are discovering to their chagrin, that deciding what test to apply actually tells you very little about how to apply that test. Despite the convergence of courts on Altai's filtration approach, courts remain fundamentally conflicted in deciding how broadly to protect software copyright. Further, there remains a good deal of misunderstanding about what exactly it means to “abstract” and “filter” a computer program. I suggest a unified approach to evaluating non-literal infringement in software copyright cases. This approach focuses on exactly what is alleged to have been copied. It also acknowledges the increasing role of patent law in protecting computer software, and the role of other copyright concerns such as compatibility and fair use. The result of this unified approach is to provide relatively narrow copyright protection for computer programs in most cases of non-literal infringement.
  • Alfred von Reumont als Sagensammler und Sagenautor
    Alfred von Reumont published popular books on the legends of Aachen and the Rhine: Aachens Liederkranz und Sagenwelt (1829, new edition 1873: Aachener Liederchronik) and Rheinlands Sagen, Geschichten und Legenden (1837, English: Ruins of the Rhine. Their Times and Traditions). They are contextualized in the framework of German legend production and Rhine Romanticism. The essay concludes with remarks on the perception of the relationship between legend and history in Germany in the nineteenth century. Printed: Klaus Graf: Alfred Reumont als Sagensammler und Sagenautor. In: Alfred von Reumont (1808-1887) – ein Diplomat als kultureller Mittler. Ed. by Frank Pohle (= Historische Forschungen 107). Berlin: Duncker & Humblot 2015, pp. 125-136.
    Lack of waste management facilities from mountain region often lead to the uncontrolled disposal of waste on river banks polluting the local environment and damaging the tourism potential. Geographical conditions influence the distribution of human settlements which are located along the rivers and its tributaries. This paper aims to estimate the amounts of household waste generated and uncollected disposed into mountain rivers, taking into account several factors such as:proximity to rivers to the human settlements, the morphology of villages, length of river that crosses the locality(built up areas), local population, the access to waste collection services and waste management infrastructure. The vulnerability of rivers to illegal dumping is performed using GIS techniques, highlighting the localities pressure on rivers in close proximity. For this purpose, it developed a calculation model for estimation the amounts of waste (kg) that are dumped on a river section (m) that crosses a locality (village) or it is in close proximity. This estimation is based on the “principle of proximity and minimum effort” it can be applied in any mountainous region that are lacking or partially access to waste collection services. It is an assessment tool of mountain rivers vulnerability to waste dumping, taking into account the geographical and demographic conditions of the study area. Also the current dysfunctions are analyzed based on field observations.
  • Beyond Licenced vs. Unlicenced: Spectrum Access Rights Continua
    Abstract: This is a background paper for an ITU Workshop on "Market Mechanisms for Spectrum Management" (Geneva, Switzerland, 22-23 January 2007). It summarizes the Open Spectrum Foundation's global survey of Wi-Fi regulations, with "thumbnail sketches" of the rules in over 170 countries. It proposes a new ITU Study Question on how to reconcile the growing recognition of licence-free radio bands as a "best practice" in spectrum management with the long-standing rule (now found in S18.1 of the International Radio Regulations) that all nongovernment radio transmitters must be licenced. Finally, it discusses the implications of regulators having the ability to create new authorisation classes in the gap between licenced and unlicenced. That shifts the debate between proponents of (unlicenced) "open spectrum" - and the proponents of (licenced) spectrum as tradable property - onto unstable, unfamiliar ground. It could lead to "multi-dimensional bidding" in spectrum auctions - as is found sometimes in government procurement tenders where bidders can combine price offers and quality/performance commitments. It may also lead to an understanding of spectrum access rights as a continuum which can be linked to efficiency or politeness, and not just to willingness to pay.
  • Where Have All the (White and Hispanic) Inmates Gone? Comparing the Racial Composition of Private and Public Adult Correctional Facilities
    A great deal of research has documented racial disparities in imprisonment rates in the United States, but little work has been done to understand the process by which inmates are assigned to individual correctional facilities. This article extends research on racial disparities in imprisonment rates to consider racial disparities in inmate populations across prisons. Specifically, it examines the racial pattern of inmate placement in privately operated and publicly operated correctional facilities. Analysis of American adult correctional facilities reveals that, in 2005, white inmates were significantly underrepresented (and Hispanic inmates overrepresented) in private correctional facilities relative to public ones. Results from multilevel models show that being privately operated (as opposed to publicly operated) decreased the white share of a facility's population by more than eight percentage points and increased the Hispanic share of a facility's population by nearly two percentage points, net of facility- and state-level controls. These findings raise legal questions about equal protection of inmates and economic questions about the reliance of private correctional firms on Hispanic inmates.
  • Big Data’s Little Brother: Enhancing Big Data in the Social Sciences with Micro-Task Marketplaces
    Some claim that “Big Data” will fuel a revolution in the social sciences, while skeptics challenge Big Data as unreliably measured, decontextualized, and lacking content validity. We argue that Big Data projects can be enhanced through data augmentation with crowdsourcing marketplaces like Amazon Mechanical Turk (MTurk). Following a content analysis of academic applications of MTurk, we present three empirical cases to illustrate the strengths and limits of crowdsourcing and address social science skepticism. The case studies use MTurk to (1) verify machine coding of the academic discipline of dissertation committee members, (2) link online product pages to an online book database, and (3) gather data on mental health resources at colleges. We consider the costs and benefits of augmenting Big Data with crowdsourcing marketplaces and provide guidelines on best practices. We also offer a standardized reporting template that will enhance reproducibility. This study expands the use of micro-task marketplaces to enhance social science acceptance of Big Data.
  • Societal Self-observation in the Time of Datafication: Interfunctional Analysis of the Chilean Open Data Web Portal
    Datafication, the technological development that emerged out of computerization and global interconnectedness, has spawned new forms of societal self-observations. In the present article I turn to the example of Open Data web portals—specialized websites that make large amounts of governmental datasets publicly available—to show how they relate to the status quo of social research on functional differentiation. For my analysis of the Chilean Portal de Datos Públicos I developed a method to link metadata categories from the web portal to a hard-core list of ten function systems. My results confirm literature, which finds economized or politicized forms of societal self-description. Moreover the results are in line with studies that show the vanishing role of religion. Interestingly, my study finds health to be of high importance—I might even speak of a “healthized” self-observation—which I argue is at odds with a negligible representation of the function system “sport” within the self-observation. For future interfunctional social research in the time of datafication, I recommend sharpening the empirical approach by exploring emerging text-as- data methods. Keywords: Datafication, functional differentiation, interfunctional analysis, self-observation, social systems, Open Data
  • The Theory of Crowd Capital
    We are seeing more and more organizations undertaking activities to engage dispersed populations through IS. Using the knowledge-based view of the organization, this work conceptualizes a theory of Crowd Capital to explain this phenomenon. Crowd Capital is a heterogeneous knowledge resource generated by an organization, through its use of Crowd Capability, which is defined by the structure, content, and process by which an organization engages with the dispersed knowledge of individuals –the Crowd. Our work draws upon a diverse literature and builds upon numerous examples of practitioner implementations to support our theorizing. We present a model of Crowd Capital generation in organizations and discuss the implications of Crowd Capital on organizational boundary and on IS research. Prpić, J., & Shukla, P. (2013). The Theory of Crowd Capital. Proceedings of the Hawaii International Conference on System Sciences #46. January 2013, Maui, Hawaii, USA. IEEE Computer Society Press.
  • The "Creating Around" Paradox
    In his article on Creating Around Copyright, Joseph Fishman argues that the constraints imposed by copyright law promote the creativity of subsequent follow-on authors. He suggests that by limiting creative choices, copyright exclusivity may actually enhances the output of follow-on authors by requiring them to "create around" existing works. Yet embedded in Professor Fishman's theory is a paradox that threatens to disable the putative benefits of creating around. Specifically, the conditions that are necessary for creating around are the same conditions that we would expect to lead to licensing of previously existing works, rather than to the creation of new ones. In other words, it appears that creating around can only occur when we would expect it not to occur. In this essay I illuminate this problem, showing how the logic of Fishman's argument leads inevitably to this paradox, and I offer several suggestions as to how one might escape the creating around paradox.