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Creativity And Craft, Michael J. Madison 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, Ajay K. Mehrotra 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?, Aseema Sinha, Jon P. Dorschner 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, Ajay K. Mehrotra 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, Haider Ala Hamoudi 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, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg 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, Michael J. Madison 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, Anthony C. Infanti 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, Qian Forrest ZHANG, John A. DONALDSON 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, Linden E.S. Schult 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, Adam J. Morris 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, Richard Adelstein 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, 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 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

Is the analysis of patron–client networks still important to the understanding of developing country politics or has it now been overtaken by a focus on ‘social capital’? Drawing on seventeen country studies of the political environment for livestock policy in poor countries, this article concludes that although the nature of patronage has changed significantly, it remains highly relevant to the ways peasant interests are treated. Peasant populations were found either to have no clear connection to their political leaders or to be controlled by political clientage. Furthermore, communities ‘free’ of patron–client ties to the centre generally are not better represented …


China's Strategic Interests In Cambodia: Influence And Resources, Sophal Ear, Sigfrido Burgos 2009 Occidental College

China's Strategic Interests In Cambodia: Influence And Resources, Sophal Ear, Sigfrido Burgos

Sophal Ear

Cambodia is pivotal to China’s strategies to project greater influence in Southeast Asia, buffer longstanding rivals, and potentially tame America’s hegemony. China’s transformation from regional backwater into influential global actor raises concerns for many countries. As expected, the rise of a powerful regional player makes traditional hegemonic countries anxious.


Through The Doughnut Hole: Reimagining The Social Security Contribution And Benefit Base Limit, Patricia E. Dilley 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, Richard Adelstein 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?, Poonam Mehra 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, Poonam Mehra 2009 NITIE

Demutualization Of Stock Exchanges, Poonam Mehra

Poonam Singh Mehra

No abstract provided.


The Making Of A Radical Economist, HOWARD J. SHERMAN 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, HOWARD J. SHERMAN 2009 University of California, Los Angeles

The Roller Coaster Economy: Financial Crisis, Great Recession, And The Public Option, Howard J. Sherman

HOWARD J SHERMAN

This is an explanation of how and why the economic downturn of 2007 became the Great Recession of 2008 and 2009. Author Howard Sherman explores the root causes of the cycle of boom and bust of the economy, focusing on the 2008 financial crisis and the Great Recession of 2007-2009. He makes an argument that recessions and the resulting painful involuntary unemployment are inherent in capitalism itself. Sherman clearly illustrates the mechanisms of business cycles, and he provides a thoughtful alternative that would rein in their destructive effects.


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