Law Commons^™

5m3 Interview On "Estratégias Para A Televisão Digital Terrestre", Nicola Matteucci

Nicola Matteucci

O 5M3 lançou três questões autor, no sentido de actualizar o artigo e obter uma visão a posteriori sobre o seu conteúdo. O resultado é o Anexo a este 5M3, no qual mantivemos os comentários no seu detalhe e na língua em que o autor as escreveu. O 5M3 quis saber se o processo de transição para a TDT tem sido demasiado tecnocrático: e o lado dos consumidores? Matteucci concorda. O debate terá sido muito pautado por um enfoque na questão da “convergência tecnológica” em prejuízo de uma maior atenção ao lado da procura. O 5M3 lançou também uma questão …

बाधकृत मैदानी आद्र क्षेत्रो में मातस्यकी प्रबंधन (Fisheries Management In Floodplain Wetlands), Ganesh Chandra

Ganesh Chandra

No abstract provided.

Annual Review Of Social Partnerships Issue 6, Maria May Seitanidi

Maria May Seitanidi

This is the 6th Issue of the Annual Review of Social Partnerships previously known as the NPO-BUS Partnerships Bulletin.

Internet History, Raphael Cohen-Almagor

raphael cohen-almagor

This paper outlines and analyzes milestones in the history of the Internet. As technology advances, it presents new societal and ethical challenges. The early Internet was devised and implemented in American research units, universities, and telecommunication companies that had vision and interest in cutting-edge research. The Internet then entered into the commercial phase (1984-1989). It was facilitated by the upgrading of backbone links, the writing of new software programs, and the growing number of interconnected international networks. The author examines the massive expansion of the Internet into a global network during the 1990s when business and personal computers with different …

Vicarious Liability And The Private University Student Press, Nancy Whitmore

Nancy J. Whitmore

Once described as a quintessential marketplace of ideas by the Supreme Court of the United States, the academic marketplace has been criticized recently for institutionalizing a left-leaning ideology within its curriculum and academic discourse. As a result, national activists and organizations have been calling on state legislatures and university administrators to adopt policies and report on steps taken to encourage intellectual diversity and protect political and cultural minorities from faculty bias and academic retribution in the classroom and other university settings. But who would win a constitutional showdown between the academy and those seeking to infuse academic discourse with alternative …

First Amendment Showdown: Intellectual Diversity Mandates And The Academic Marketplace, Nancy Whitmore

Nancy J. Whitmore

Once described as a quintessential marketplace of ideas by the Supreme Court of the United States, the academic marketplace has been criticized recently for institutionalizing a left-leaning ideology within its curriculum and academic discourse. As a result, national activists and organizations have been calling on state legislatures and university administrators to adopt policies and report on steps taken to encourage intellectual diversity and protect political and cultural minorities from faculty bias and academic retribution in the classroom and other university settings. But who would win a constitutional showdown between the academy and those seeking to infuse academic discourse with alternative …

Purposeful Engagement Of First-Year Division I Student-Athletes, Keith Harrison

Dr. C. Keith Harrison

This study examined the extent to which transitioning, first-year student-athletes engage in educationally sound activities in college. The sample included 147 revenue and nonrevenue first-year student-athletes who were surveyed at four large Division 1-A universities. Findings revealed that revenue and nonrevenue first-year student athletes differed regarding their academic and athletic identities. Transitioning revenue student-athletes rated themselves as having slightly higher athletic identities, yet lower academic identities compared to their nonrevenue counterparts. The findings from this study also indicated that the kinds of effective educational practices that first-year student-athletes engage in have a positive influence on their academic self-concept. These findings …

Collective Choice, Justin Schwartz

Justin Schwartz

This short nontechnical article reviews the Arrow Impossibility Theorem and its implications for rational democratic decisionmaking. In the 1950s, economist Kenneth J. Arrow proved that no method for producing a unique social choice involving at least three choices and three actors could satisfy four seemingly obvious constraints that are practically constitutive of democratic decisionmaking. Any such method must violate such a constraint and risks leading to disturbingly irrational results such and Condorcet cycling. I explain the theorem in plain, nonmathematical language, and discuss the history, range, and prospects of avoiding what seems like a fundamental theoretical challenge to the possibility …

Feeling At Home: Law, Cognitive Science, And Narrative, Lea B. Vaughn

Lea B Vaughn

What is the “how and why” of law’s affinity for narrative? In order to explain why the use of stories is such an effective teaching and presentation strategy in the law, this paper will consider theories and accounts from cognitive as well as evolutionary psychology, neuroscience, and, briefly, cultural anthropology. This account seeks to address “how” narrative helps us learn and use the law as well as “why” we are so compelled to use stories in teaching and in practice.

Brain science, simplified here, suggests that the first task is to “grab” someone’s attention. Emotionally charged events are more likely …

Commons / Commodity: Peer Production Caught In The Web Of The Commercial Market, Bingchun Meng, Fei Wu

Philip F Wu

The development of digital technology and computer networks has enabled many kinds of online collaboration. This article examines Zimuzu, a Chinese case of online peer production, which provides an opportunity to extend our understanding of how the tensions between the commodity and commons production models are being articulated in an online setting. Using empirical evidence collected from face-to-face interviews, online posts and online ethnographic observation, our analysis demonstrates that there is constant negotiation over which aspects of the two seemingly opposing models will be adopted by the community. We argue that it is important to conceptualize the peer production process …

The Evolution Of The Us Drm Debate, 1987-2006, Bill D. Herman

Bill D. Herman

Scholars who discuss copyright often observe that the voices for stronger copyright have more financial and political capital than their opponents and thus tend to win in Congress. While the playing field is still quite slanted toward stronger copyright, the politics around the issue are much messier and less predictable. This study, a detailed political and legislative history of the major proposals regarding copyright and digital rights management from 1987 to 2006, illustrates how this policy dynamic has changed so drastically. In 1987, there was no organized opposition to copyright’s expansion. By 2006, however, there was a substantial coalition of …

Cancun Climate Negotiations, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation's multilateral facilitation role.

Cutting Across Media : Appropriation Art, Interventionist Collage, And Copyright Law, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Creative License - The Law And Culture Of Digital Sampling, Kembrew Mcleod, P. Dicola

Kembrew McLeod

The golden age of sampling -- A legal and cultural history of sound collage -- The competing interests in sample licensing -- Sampling lawsuits : hip-hop goes to court -- The sample clearance system : how it works (and how it breaks down) -- Consequences for creativity : an assessment of the sample clearance system -- Proposals for reform

Media Pranks: A Three-Act Essay, Kembrew Mcleod

Kembrew McLeod

Times are tough for public universities. Over the past quarter-century, state legislatures have slashed college budgets, and these cuts have only accelerated during a seemingly endless economic meltdown. We have been told to do more with less, make sacrifices, and be self-sufficient—and I couldn’t agree more. Unlike those socialists lining up to mainline milk from the nanny state, many of us favor fiscally sound solutions. We should teach our children well by following dogmatically free-market principles that reject government meddling. My modest proposal is multipronged and forward-thinking. It would hand over all aspects of academic life to private companies, creating …

On Pranks, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Heart Of A Lion, Mind Full Of Pride: The Paradox Of Teaching E-E As A Heuristic For Homegrown Change In Rwanda, Sarah E. Ryan

Sarah E Ryan

No abstract provided.

White College Students' Explanations Of White (And Black) Athletic Performance: A Qualitative Investigation Of White College Students, Harrison

Dr. C. Keith Harrison

No abstract provided.

A Conceptual Model Of Academic Success For Student-Athletes, Keith Harrison

Dr. C. Keith Harrison

Concern over the academic talent development of Division I student–athletes has led to increased research to explain variations in their academic performance. Although a substantial amount of attention has been given to the relationship between student–athletes and their levels of academic success, there remain critical theoretical and analytical gaps. The purpose of this article is to develop a conceptual model to understand and explain the cumulative processes and characteristics—as a whole and in stages—that influence academic success for Division I student–athletes. Research on student–athletes and academic success is reviewed and synthesized to provide a rationale for the basic elements of …

The Dilemmas Of Post-Identity Organizing: Unmaking Feminist Ties In Southern Rwanda, Sarah E. Ryan

Sarah E Ryan

No abstract provided.

Towards A Pedagogy Of Fair Use For Multimedia Composition, Renee Hobbs, Katie E. Donnelly

Renee Hobbs

No abstract provided.

Social Media Policies For Professional Communicators, Daxton R. Stewart

Daxton "Chip" Stewart

As social media tools such as Facebook, Twitter and YouTube have become increasingly prevalent ways for people to share and connect, professional communicators have increasingly incorporated these tools into their daily practice. However, journalism, advertising and public relations practitioners have little formal guidance to help them navigate the benefits and risks of using these tools professionally. The codes of ethics of their professional fields have not been updated, and to date, social media policies have not been examined from an academic perspective. This study reviews 26 social media policies of journalism and strategic communication companies to find common themes and …

Duress, Péter Cserne

Péter Cserne

This chapter is to appear in Contact Law and Economics, part of the Elgar Encyclopedia of Law and Economics, 2nd ed. Its purpose is to provide an overview of the economic analyses of contractual duress. The focus is on the distinctive features of the economic perspective on the duress doctrine, as developed in the theoretical literature of law and economics. Along with the results of economic analysis, the legal background and some non-economic theories of duress are also briefly presented.

Zizek/Questions/Failing, Nick J. Sciullo

Nick J. Sciullo

In this article I am primarily concerned with presenting Slavoj Žižek3 as a legal theorist. Žižek has been a valuable contributor to critical theory and deserves a place in the pantheon of legal thinkers.

While his diverse writings are often relegated to other disciplines, they also position him as an important contributor to law and public discourse. I seek to illuminate how he mediates and interrogates the law by demonstrating how his scholarship is important to the lives of legal thinkers, questions of success and the law, capitalism, political practice, and terrorism. Because Žižek’s work is interdisciplinary and expansive, this …