Creativity And Craft,
2010
University of Pittsburgh School of Law
Creativity And Craft, Michael J. Madison
Book Chapters
I revisit the distinction between intangible works of authorship and tangible objects, which is a fundamental proposition of modern copyright law. I suggest that reconsidering that distinction, at least in part, may expand the range of possibilities for aligning modern copyright as an economic construct with the historical roots of copyright and with ethical claims about authorial expression. Revisiting that distinction also may provide contemporary lawyers and policymakers with a much-needed tool for managing challenges posed by digital technology.
Lawyers, Guns & Public Monies: The U.S. Treasury, World War One, And The Administration Of The Modern Fiscal State,
2010
Indiana University Maurer School of Law
Lawyers, Guns & Public Monies: The U.S. Treasury, World War One, And The Administration Of The Modern Fiscal State, Ajay K. Mehrotra
Articles by Maurer Faculty
The First World War was a pivotal event for American political and economic development, particularly in the realm of public finance. For it was during the war years that the federal government ended its traditional reliance on regressive import duties and excise taxes as principal sources of revenue and began a modern era of fiscal governance, one based primarily on the direct and progressive taxation of personal and corporate income. Like other aspects of war mobilization, this fiscal revolution required an enormous infusion of national administrative resources. Nowhere was this more evident than within the corridors of the U.S. Treasury …
India: Rising Power Or A Mere Revolution Of Rising Expectations?,
2010
Claremont Mckenna College
India: Rising Power Or A Mere Revolution Of Rising Expectations?, Aseema Sinha, Jon P. Dorschner
CMC Faculty Publications and Research
In 2009–2010 India faces dramatically different foreign policy challenges than it faced even ten years ago. Similar to other ascendant powers such as China and Brazil but unlike smaller powers, India must not only cope with a transformed international system and project the country's global aspirations, but also ensure that its emergence as a rising power responds to its domestic dilemmas and constraints. India's actions and aspirations on the global stage have changed dramatically toward greater activism and leveraging of its newfound economic strengths. Yet, despite powerful pressures and opportunities nudging India toward a greater role in the global system, …
Anger, Irony, And The Formal Rationality Of Professionalism,
2010
Indiana University Maurer School of Law
Anger, Irony, And The Formal Rationality Of Professionalism, Ajay K. Mehrotra
Articles by Maurer Faculty
No abstract provided.
Ornamental Repugnancy: Identitarian Islam And The Iraqi Constitution,
2010
University of PIttsburgh School of Law
Ornamental Repugnancy: Identitarian Islam And The Iraqi Constitution, Haider Ala Hamoudi
Articles
Nearly six years after the enactment of Iraq’s final constitution, the Federal Supreme Court of Iraq has yet to render a single ruling respecting the conformity of any law to the “settled rulings of Islam” despite being empowered to do precisely that under Article 2 of the Iraqi Constitution. This so-called repugnancy clause is swiftly devolving from a matter that was of some importance during constitutional negotiations into one that is more symbolic than real – an assertion of identity, primarily of the Islamic variety (though when combined with Article 92, to some extent of the Shi’i Islamic variety) – …
Constructing Commons In The Cultural Environment,
2010
University of Pittsburgh School of Law
Constructing Commons In The Cultural Environment, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg
Articles
This Essay considers the problem of understanding intellectual sharing/pooling arrangements and the construction of cultural commons arrangements. We argue that an adaptation of the approach pioneered by Elinor Ostrom and collaborators to commons arrangements in the natural environment may provide a template for the examination of constructed commons in the cultural environment. The approach promises to lead to a better understanding of how participants in commons and pooling arrangements structure their interactions in relation to the environment(s) within which they are embedded and with which they share interdependent relationships. Such an improved understanding is critical for obtaining a more complete …
Beyond Creativity: Copyright As Knowledge Law,
2010
University of Pittsburgh School of Law
Beyond Creativity: Copyright As Knowledge Law, Michael J. Madison
Articles
The Supreme Court’s copyright jurisprudence of the last 100 years has embraced the creativity trope. Spurred in part by themes associated with the story of “romantic authorship” in the 19th and 20th centuries, copyright critiques likewise ask, “Who is creative?” “How should creativity be protected (or not) and encouraged (or not)?” and “ Why protect creativity?” Policy debates and scholarship in recent years have focused on the concept of creativity in framing copyright disputes, transactions, and institutions, reinforcing the notion that these are the central copyright questions. I suggest that this focus on the creativity trope is unhelpful. I argue …
Foreword: On Publishing Anonymously,
2010
University of Pittsburgh School of Law
Foreword: On Publishing Anonymously, Anthony C. Infanti
Articles
In this foreword to the fall 2010 issue of the Pittsburgh Tax Review, I explain the troubling set of circumstances that led to our decision to publish one of the articles anonymously. All of the articles in this issue share a focus on suggestions for state and local tax reform in Pennsylvania. The circumstances surrounding the decision to publish this one article anonymously raise a host of questions regarding the extent to which tax professionals are free to make suggestions for tax reform without being subject to employer censorship.
The Beginning Of The End? Agricultural Modernization And Dissolution Of The Peasantry In Contemporary China,
2010
Singapore Management University
The Beginning Of The End? Agricultural Modernization And Dissolution Of The Peasantry In Contemporary China, Qian Forrest Zhang, John A. Donaldson
Research Collection School of Social Sciences
No abstract provided.
Short Term Strategies For Long Term Power: The Rise And Potential Fall Of Hugo Chávez,
2010
Claremont McKenna College
Short Term Strategies For Long Term Power: The Rise And Potential Fall Of Hugo Chávez, Linden E.S. Schult
CMC Senior Theses
This thesis explores the route to power of Venezuela's President Hugo Chávez and the methods by which he has remained in power throughout his presidency. Also, it explores the potential for Chávez to lose power, given the current economic and political situation in Venezuela. The importance of the oil industry, Chávez's suppression of the opposition and control of the media, and constitutional changes and reforms are all discussed as keys to Chávez's continuance in power.
The Effects On A State When They Lose Their Senior Senator,
2010
Claremont McKenna College
The Effects On A State When They Lose Their Senior Senator, Adam J. Morris
CMC Senior Theses
The Primary purpose of this paper is to examine the role and importance of Senior Senators in the US Senate. Many states rely on Senators to bring in federal spending in the form of pork. When states lose their Senior Senator and the power they accumulated through increased tenure, they risk losing certain benefits in terms of pork. We use federal expenditures per dollar of tax and analyze how it is affected by Seniority in the Senate. Population, Income, and unemployment rates in each state were controlled for in our regression analysis. It is concluded that increased tenure significantly increases …
Firms As Social Actors,
2009
Wesleyan University
Firms As Social Actors, Richard Adelstein
Richard Adelstein
A close look at what firms are and how they act.
Does Patronage Still Drive Politics For The Rural Poor In The Developing World? A Comparative Perspective From The Livestock Sector,
2009
Occidental College
Does Patronage Still Drive Politics For The Rural Poor In The Developing World? A Comparative Perspective From The Livestock Sector, Sophal Ear, David Leonard, Jennifer Brass, Michael Nelson, Dan Fahey, Tasha Fairfield, Martha Gning, Michael Halderman, Brendan Mcsherry, Devra Moehler, Wilson Prichard, Robin Turner, Tuong Vu, Jeroen Dijkman
Sophal Ear
China's Strategic Interests In Cambodia: Influence And Resources,
2009
Occidental College
China's Strategic Interests In Cambodia: Influence And Resources, Sophal Ear, Sigfrido Burgos
Sophal Ear
Through The Doughnut Hole: Reimagining The Social Security Contribution And Benefit Base Limit,
2009
University of Florida
Through The Doughnut Hole: Reimagining The Social Security Contribution And Benefit Base Limit, Patricia E. Dilley
Patricia E Dilley
ABSTRACT The Obama campaign proposal to address Social Security's future financing shortfalls by increasing the Social Security tax base limit only for those making more than $250,000 per year raises the broader question of the function of the base limit from a Social Security program perspective. The public supports increasing the wage base above all other possible avenues for solving long term financing issues, but the problems with the Obama "doughnut hole" proposal are substantial from several perspectives. In this article, the author suggests that the function of the base limit be reconsidered, and the benefit accrual function of the …
Organizations And Economics,
2009
Wesleyan University
Organizations And Economics, Richard Adelstein
Richard Adelstein
A contribution to a symposium on a paper by Richard Posner.
Technical Appendix To Supranational Agency: A Solution For Conflict In International Mergers?,
2009
NITIE
Technical Appendix To Supranational Agency: A Solution For Conflict In International Mergers?, Poonam Mehra
Poonam Singh Mehra
This note includes the general model and technical proofs of the paper titled “Supranational Agency: A Solution for Conflicts in International Mergers”. This paper develops a two Country three Firm model to compare the possibilities of conflict between competition authorities of different countries over the review of a merger under different welfare standards: national, consumer, and global. Use of transfer payment under the global welfare standard to ensure a conflict free efficient outcome is also explored.
Demutualization Of Stock Exchanges,
2009
NITIE
Demutualization Of Stock Exchanges, Poonam Mehra
Poonam Singh Mehra
No abstract provided.
The Making Of A Radical Economist,
2009
University of California, Los Angeles
The Making Of A Radical Economist, Howard J. Sherman
HOWARD J SHERMAN
This article answers two questions. First, how do radical economists develop? Second, how do radical departments develop? In order to answer these two questions, I use my own experience in becoming a radical economist and my own experience in developing a radical department.
The Roller Coaster Economy: Financial Crisis, Great Recession, And The Public Option,
2009
University of California, Los Angeles