bluuebunny/crossref_metadata_2025 huggingface dataset:
Models of Law
Authors: Turner Christian
Published: July 2018

The more we examine what is behind our most difficult legal questions, the more puzzling it can seem that we continue both to disagree strongly and, yet, to cooperate. If law is a reasoned enterprise, how is it that we are neither torn apart nor homogenized by our long social practice of it? I resolve this puzzle, and arrive at a richer understanding of law, using the idea of modeling familiar from the natural sciences and mathematics. I show (a) that theorists can model legal systems as abstract systems of institutions, information flows, and institutional processing or reasoning and (b) that the participants in a legal system themselves maintain and evaluate models of this sort. Un- derstanding law this way clarifies numerous problems ranging from pluralism to legal interpretation. This work emphasizes four major points of the theory:(1) It identifies law as the conceptual side of cooperation and, thus, themeans of coordinating decisionmaking.(2) It derives from human cooperation a picture of legal systems as a net-work of institutions exchanging information and maintaining their ownrules of recognition and decision.(3) It advances the thesis that cooperation and its associated legal systemarise when individuals create institution-information models, identifythe models used by others, and accept the use of those models.(4) Finally, it provides a standard representation of institutions, their com- munications, and their reasoning. This analysis reveals that institutionalagreement and disagreement occur at discrete levels.Together, these elements yield a theory of legal systems that groundsjurisprudence in the study of the human conceptual system. It sheds new light on the problem of theoretical disagreement, otherwise puzzling problems of pluralism, and the connection between law and morality.
Self-Sufficiency Incomes and Increasing Precarity in South Dakota's Job Market, 2006-2015
Authors: Al-Ahmin Karen M
Published: July 2018

This longitudinal study examined the labor market of South Dakota, a state with an exceptionally low unemployment rate, over the ten years spanning 2006 to 2015. Analysis focused on the questions, what proportion of the market is made up of low wage jobs? and are the numbers of low wage workers increasing or decreasing over time? Data collected by the U. S. Census Bureau and U. S. Department of Commerce’s Bureau of Labor Statistics (BLS) was dissected on a micro level to determine which occupations held disproportionate numbers of low paying jobs. A threshold for households to live free of subsidies was set, then compared to workers’ incomes. Detailed data mining revealed information that contributes to the literature of employment and labor fields, strategic economic development, and the role of public policy in helping citizens get and stay independent of subsidies.
Investigating the position and effect of the Chamber of Commerce, Industries, Mining and Agriculture in the economy of Kashan City
Authors: Farahi Saeed
Published: July 2018

The purpose of this study is to investigate the position and effect of the Chamber of Commerce, Industries, Mining and Agriculture on the economy of Kashan city. In this research, we use descriptive and survey methods to investigate and describe the general characteristics of respondents and inference that is calculated using sample values of the statistics and then, through estimating or testing the statistical hypothesis, generalizes the statistics to the parameters of society. The statistical population of this study was all real and legal members of the Chamber of Commerce in Kashan city (500 subjects) from among which the sample size is calculated to 220 using the Morgan table. Validity of the questionnaire was assessed through face validity and based on the opinion of some university professors and Cronbach's alpha test was used for the reliability of the questions in the questionnaire where the obtained coefficient is equal to 0.941 which indicates a very good relationship between the questionnaire's questions.Three hypotheses were also suggested in this research, that there is a meaningful relationship between the activities of the Chamber of Commerce, the participation of the real and legal members of this organization and the satisfaction of its members with the activities of the Chamber of Commerce and Economic Development of the city. The obtained results indicated that all three factors affect the economic development of the city and have a meaningful relationship with each other. At first, the activities of the chamber of commerce, then the satisfaction of the real and legal members of the Chamber of Commerce of Kashan, and finally the participation of the real and legal members of the chamber of commerce, respectively, have the highest impact on the city economic development variable. (Eisenberg, 2009)
Founded by Faith: Social Entrepreneurship as a Bridge Between Religion and Work
Authors: Roundy Philip , Taylor Valerie , Evans W. Randy
Published: July 2018

Social entrepreneurship is an increasingly prevalent subcategory of entrepreneurship that is being used to tackle some of society’s most intractable problems. However, it is unclear what motivates individuals to become social entrepreneurs. In a partially-inductive, exploratory study, we examine what drives entrepreneurs to found social ventures. We find that social entrepreneurs often express a common motivation: an aspiration to integrate their religious beliefs and work. Our findings are used to construct a process model that describes how entrepreneurs progressed through five phases: desire, disenchantment, epiphany, bridging, and enlightenment. In doing so, entrepreneurs created social ventures, which served to unite their faith and work.
Plato's spirituality (The Eternal Soul and the "Real" World)
Authors: Dardagan Amer
Published: July 2018

Mixture of philosophy and religion defines Plato's tradition of spirituality known as Platonism. The view of God as a First Principle or Supreme Good rather than a person is based on platonistic doctrine that anything that have personality is changeable and belongs to Lower Realm, while God is an eternal principle who emanates unchangeable untelligible Forms in the Upper Realm. According to Plato, ascent to heaven from the„cave“ or world of shadows could happen only after the conversion of inverted soul through "intellectual vision" or "ascetic paradigm". The very concept of spirituality in the West as we know it today comes from Plato and it is still an integral part of all three monotheistic religions today. In the „Republic“ we learn about Allegory of the Cave; in „Meno“ Theory of the Recollection; in „Phaedo“ Theory of the Immortality of the Soul; in „Phaedrus“ Theory of Division and the Fall of the Soul; and finally in „Symposium“ we learn about doctrine of Platonic Love.
Identity Crisis: Effect of Immigrant Replenishment on Spanish Language Use Among US-born Mexican Descendants
Authors: Sosa Ana
Published: July 2018

Immigrant replenishment may affect assimilation patterns of US-born descendants by maintaining the use and relevance of the language of origin. This study asks, how does Mexican immigrant replenishment affect Spanish language use among adult US-born Mexican descendants? Descendants include members of the second or later generations. I propose that greater exposure to Mexican immigrants will encourage adult US-born Mexican descendants to maintain their ethnic origins, especially language of origin. Therefore, the higher the rate of immigrant replenishment, the more likely respondents will speak Spanish at home. I analyze a five-year cumulative data file of the US American Community Survey (ACS) from 2011 to 2015, which represents 5 percent of the US population. The ACS uses stratified cluster sampling to collect data from 15,637,457 respondents. The sample is limited to US-born Mexican descendants, who were 25 years of age, married, and heads of households or spouses thereof. This limited the analysis to 187,212 respondents. I found that college attendance and higher family income decrease the odds of speaking Spanish at home. I also found that as immigrant replenishment increases, the odds of respondents speaking Spanish at home increases and decreases. As immigrant replenishment increases, respondents with Hispanic spouses are more likely to speak Spanish at home. However, respondents with non-Hispanic spouses are less likely to speak Spanish at home, which may be a result of sharpened intragroup boundaries created by new immigrants. The results confirm that Mexican immigrant replenishment significantly affects speaking Spanish at home for adult US-born Mexican descendants.
The Parisian Regulation Approach, Crises of Capitalism, and a Critique
Authors: Guven Baris
Published: July 2018

This work consists of two parts. The first part focuses on some of the early texts of the PRA to understand the approach’s analysis of capitalism and its crises. This is done through the analysis of the main concepts developed by the contributors to the approach. Regime of accumulation, mode of regulation, and mode of development are three important interrelated concepts that occupy a central place in the conceptual apparatus of the approach. One of the defining properties of the approach is its formulation of accumulation crisis. Particularly, the crisis is not a recurrent manifestation of the same underlying problem in the economy. It is, instead, the overdetermined result of the contained contradictions of the configuration of the social relations in and the processes of the capitalist economy. The second part of the work focuses on a notion of a particular tendency (overaccumulation of capital) utilized by Michel Aglietta and modified/formulated later on by Simon Clarke and David Harvey. This part traces the path of the notion among the works of these scholars and compares them. A critique of later formulations is offered from a perspective that we acquired from the PRA.
How Individual Income Tax Policy Affects Entrepreneurship
Authors: Clingingsmith David , Shane Scott
Published: July 2018

We review the empirical literature on the effects of individual income tax policy on entrepreneurship. We find no evidence of consensus, even on relatively narrow questions such as whether individual income tax rates deter or encourage entrepreneurial entry. We believe the absence of consensus reflects both the complexity of mechanisms connecting tax policy to entrepreneurial decision making and the infeasibility of employing the most reliable empirical methods, such as experiments, in this domain.
The path from social origins to top jobs: social reproduction via education
Authors: Sullivan Alice , Parsons Samantha , Green Francis , Wiggins Richard D. , Ploubidis George
Published: July 2018

This paper provides a comprehensive account of the way in which cognitive and educational attainment mediate the link between social origins and elite social class destinations in mid-life. Using the 1970 British Cohort Study (BCS70), we assess the roles of a range of pathways through which educational advantage may lead to occupational attainment: cognitive development; private and selective secondary schools; school level qualifications; and higher education, including institution and field of study. Whereas past research has shown a residual direct effect of social origins on class destinations, we find that, once a sufficiently detailed picture of educational attainment is taken into account, education fully explains the link between social origins and top social class destinations. In contrast, the gap between men and women in achieving top social class positions is in no part accounted for by education.
The Psychoanalytic Method of George Atwood
Authors: Smolenski Natalie
Published: July 2018

In what *technê*, and what *habitus*, must a psychoanalytic practitioner beskilled in order to facilitate the healing of patients? To answer thisquestion, this paper takes as its case study the clinical practice ofGeorge Atwood, the phenomenological psychoanalyst whose book, *The Abyss ofMadness*, describes his work with patients embroiled in struggles with themost serious psychological disorders. Atwood’s method is fundamentallyemancipatory in that it seeks to help the patient liberate himself frompsychological bondage to and enmeshment within the traumatic experiencesand oppressive social bonds that have shaped his excruciating experientialworld. The path toward this emancipation can only be based in truth, and assuch, Atwood’s method is predicated on the continual exercise of courage inservice of “the inner truth of a life." The dedication to practice suchcourage through the often-overwhelming encounter with the “blood” that,according to Atwood, characterizes every healing analysis is born of whatcan only be called deep love. In this context, love names a set of profoundinner resources the therapist brings to his own comportment and conduct,and by extension and implication the overall trajectory of the patient’slife. This paper explores several specific analytic practices through whichthe love of the analyst meets and is co-translated into the subjectiveexperience of the patient, enabling him through embodied presence, example,and guidance to re-structure the world of his experience in ways that aremore open, more life-giving, and ultimately more loving to self and other.
Stylized Facts and Experimentation
Authors: Crabtree Charles
Published: July 2018

In this comment, we clarify and extend Hirschman (2016)’s discussion on ‘stylized facts.’ Our focus is on the relationship between stylized facts and experimentation. Given the continued increase in experimentation across the social sciences, we think that it is important to consider the exact role that experiments play in the production and testing of stylized facts. We make three related contributions here. First, we describe how experiments can both provide new evidence to support existing stylized facts as well as produce new stylized facts. Second, we argue that the stylized facts produced through experimentation differ from other stylized facts. Third, we extend Hirschman (2016)’s definition of ‘stylized facts’ so that it distinguishes between those that describe correlation relationships and those that describe causal relationships.
"We Need More Resources": Stories of QTPOC Survival in the South
Authors: Coston Bethany M
Published: July 2018

While men’s sexual violence against women is unarguably a social and public health issue, both nationally representative data and smaller studies tell us that rates for LGBTQ+ individuals are equally or significantly higher. Despite this, there remains little structural support for LGBTQ+ survivors. This paper highlights the voices of 38 QTPOC-identified (queer and trans people of color) Southerners who have experienced sexual violence and came together across three focus groups to detail recount their interactions with advocates and other professionals and explore post-traumatic needs. Nearly all survivors reported that the level of awareness regarding sexual violence in their communities was limited, with most reporting that they did not successfully access mainstream services, due to concerns about homophobia, transphobia, and racism. To address sexual violence in LGBTQ+ communities, survivors pointed to the importance of friendship and community networks “outside the system,” resource sharing about non-heteronormative violence tactics, and holding batterers accountable for their behavior within LGBTQ+ circles. Findings highlight the need to move beyond “culturally competent” health care by proactively engaging LGBTQ+ communities in education, networking, resource sharing, and anti-violence outreach.
Missing the Forest for the Trolls
Authors: Lemley Mark
Published: July 2018

Trolls are a significant feature of the patent system. They account for alarge number of suits, now a majority of all patent assertions in thecountry and an even higher percentage in the information technology (IT)industries. They win both larger judgments and larger settlements than do“practicing entities” (“PEs”) -- those that practice patents and are notprincipally in the business of collecting money from others that practicethem. And they do so despite complaints that trolls assert weak patents andsome evidence that troll patents are more likely to lose in court.Nonetheless, we think the focus on patent trolls obscures a more complexset of challenges confronting the patent system. In this paper, we makethree points. First, patent trolls are not a unitary phenomenon. We see atleast three different troll business models developing, and those modelshave different effects on the patent system. Second, patent assertions bypracticing entities can create just as many problems as assertions bypatent trolls. The nature of many industries obscures some of the costs ofthose assertions, but that does not mean they are cost-free. In addition,practicing entities are increasingly engaging in “patent privateering,” inwhich product-producing companies take on many of the attributes of trolls.Put differently, while trolls exploit problems with the patent system, theyare not the only ones that do so. Third, many of the problems associatedwith trolls are in fact problems that stem from the disaggregation ofcomplementary patents into too many different hands. That in turn suggeststhat groups like Intellectual Ventures might be reducing, not worsening,these problems (though, as we will see, the overall effects are ambiguous),while “patent privateers” that spin off patents in order for others toassert them might make things worse. For this reason, patent reformers andantitrust authorities should worry less about aggregation of patent rightsand more about disaggregation of those rights, sometimes accomplished byspinning them out to others.Understanding the economics of patent assertions by both trolls andpracticing entities allows us to move beyond labels and the search for “badactors,” focusing instead on aspects of the patent system itself that giverise to the problems and on specific, objectionable conduct in which bothtrolls and practicing entities sometimes engage. Patent trolls alone arenot the problem; they are a symptom of larger problems with the patentsystem. Treating the symptom will not solve the problems. In a very realsense, critics have been missing the forest for the trolls. Exposing thelarger problems allows us to contemplate changes in patent law that willactually tackle the underlying pathologies of the patent system and theabusive conduct they enable.
Improper Household Waste Disposal in Rural Territory. Case Study: Neamţ County, Romania
Authors: MIHAI Florin Constantin
Published: July 2018

Open dumping of waste generated and uncollected is the most common optionin waste management schemes from rural areas. Lack of sanitation servicesor rudimentary waste management systems favored this practice. This paperproposes a method to estimate the amounts of household waste uncontrolleddisposed at local administrative unit level (commune) for 2003 and 2010.Basedon estimating the amounts of waste generated and uncollected are introducednew indicators in the quantitative analysis taking into account thehousehold waste composition, individual composting of biodegradable wasteor recyclable waste from households for a more proper assessment of wastedisposed. Usually household waste is disposed in various sites according tolocal geographical context such as open dumps on local roadsides, forestareas or on riverbanks. The indicators were calculated for each communefrom the county that did not have access to sanitation services. Processeddata were mapped, thematic maps outlining regional disparities existingbetween communes from county. Comparative analysis of the years 2003(pre-accession period) and 2010 (post-accession) highlights the changes anddifficulties to provide waste management facilities in rural territory.
Causal Claims and the Study of Ethnic Conflict
Authors: Desrosiers Marie-Eve , Vucetic Srdjan
Published: July 2018

What does causation mean in conflict studies? Using a sample of published qualitative, article-length studies on the Rwandan and Yugoslav wars, we find a lack of reflexivity over causal claims in scholarship on conflict. Causal language is not as pervasive as expected, asserted cause-effect relationships are rarely fully explicated, and scholars under-explore their causal assumptions. Considering that ideas on causation necessarily condition explanations of conflict, including “ethnic” conflict, this is a major research issue. While there exists a lively debate between different causal narratives regarding the onset of conflict—with studies alternatively stressing “attitudes,” “conditions,” or both—it stops short of addressing issues at the deeper level of causal understandings. For the most part, studies subscribe to the search for empirical generalization, thus limiting attendant debates to a single model of causation. These findings indicate that conflict studies literature would benefit from greater reflexivity and pluralism with regards to causation, and paying more attention to philosophical debates on the subject. We provide a basic outline of this reflexive agenda.
Nuevas vías de depósito, nuevos proyectos: consolidación del repositorio institucional RODERIC
Authors: Barrueco Jose Manuel , Lopez-Martinez Amelia
Published: July 2018

The aim of this paper is to present new projects institutional repository of the Universityof Valencia, RODERIC, and new ways of deposit of research documents. To do this,we analyse the different activities within the research section of the repository. First, thefocus in the area of journals published in the UV, the retrospective thesis digitizationprojects and publication of actual theses, and finally the CRIS system integration withthe repository. It ends with the description of a series of improvements that are plannedto be available in the second half of 2013.
Can Extracurricular Activities Reduce Adolescent Race/Ethnic Friendship Network Segregation?
Authors: Schaefer David R. , Simpkins Sandra D. , Ettekal Andrea Vest
Published: July 2018

Racial/ethnic friendship segregation among adolescents has negative consequences throughout the life course. Extracurricular activities (ECAs) within high schools offer the capacity to bring diverse adolescents together and promote friendships that reduce outgroup prejudices. Despite their promise, only a few researchers have tested the effects of ECAs on racial/ethnic friendship segregation. We consider two prominent theories that offer insight into the processes by which ECAs might affect intergroup friendship. It is important that we consider these theories in conjunction as they make diverging predictions regarding the effect of ECAs on racial/ethnic friendship segregation. Focus theory contends that activities attract relatively homogenous subsets of the student body, thereby promoting friendship homophily (e.g., racial friendship segregation). By contrast, intergroup contact theory suggests ECAs can decrease homophily by offering opportunities for familiarization and engagement with peers who are dissimilar. In this chapter, we examine these seemingly contradictory processes and explain how, in fact, they can occur in tandem. At the macro level, ECAs can promote homophily by homogenizing the pool of available friends, whereas at the micro level, ECAs can decrease the relative salience of attributes such as race/ethnicity during friend selection. Our analysis uses data on friendships and participation in 30 ECAs from 108 schools in the National Longitudinal Study of Adolescent Health. We found that around 60% of the ECAs were more homogenous than the broader school context in which they are embedded, with systematic differences by activity type. With a few notable exceptions, ECAs did not predict preferences for homophily. But, ECAs did predict the frequency of cross-group friendships, and thus, may provide many of the desired benefits of integration despite not producing short-term changes in friendship preferences. We conclude with a discussion of the theoretical, methodological, and policy implications of these findings.
Gendering (Non)Religion: Politics, Education, and Gender Gaps in Secularity in the United States
Authors: Whitehead Andrew L , Baker Joseph O.
Published: July 2018

Gender gaps in religiosity among Western populations, such that women are more religious than men, are well documented. Previous explanations for these differences range from biological predispositions of risk aversion to patriarchal gender socialization, but all largely overlook the intersection of social statuses. Drawing on theories of intersectionality, we contribute to the cultural and empirical analysis of gender gaps in religiosity by documenting an interactive effect between gender, education, and political views for predicting religious nonaffiliation and infrequent attendance at religious services among Americans. For highly educated political liberals, gender gaps effectively disappear, such that men and women are almost equally likely to be secular (or religious). The results have implications for the long-standing disputes about the gendered "nature" of religiosity and highlight the importance of multiple intersecting statuses and modalities in shaping aggregate patterns of religiosity and secularity.
Childhood Bullying and Adolescent Mental Health for Sexual Minorities: Prospective evidence from a population-based birth cohort
Authors: Mittleman Joel
Published: July 2018

Objectives. To provide the first prospective evidence on sexual minorities’ early childhood peer victimization experiences and estimate the extent to which victimization histories explain adolescent mental health disparities.Methods. Longitudinal data from the Fragile Families and Childhood Wellbeing Study, a population-based cohort of children born in twenty American cities between 1998 and2000, were used. Multivariate regression analyses examined peer victimization at ages 5,9 and 15 and anxiety/depression at 15. Teens reported sexual minority status during interviews conducted between 2014 and 2017.Results. Compared to their peers, sexual minorities experienced similar rates of victimization at age 5 but higher rates ages 9 and 15. Over and above current bullying, prior victimization predicted worse outcomes on three clinically validated diagnostic scales for anxiety/depression. Results were consistent using parent and child reports. Despite sexual minorities’ elevated rates of bullying, only about 20% of their mental health disparities were explained by peer victimization.Conclusions. Sexual minorities’ bullying risk begins years earlier than previously documented and persists into adolescence. Victimization prevalence estimates based onadolescents’ recent experiences will substantially underestimate lifetime exposure to victimization.
Cybermarks
Authors: Burk Dan
Published: July 2018

The commercial development of the Internet has been punctuated with legal disputes over the use of trademarks as domain names, as metatags, as search terms, and as advertising keywords. As in previous disputes in copyright over the legal status of software, these Internet trademark disputes arise from the overlap of communicative and functional symbols in information technology. Such "cybermarks" are not merely indicators of product source, but function both as symbolic indicia for human recognition and as strings of computer code in the operation of automated search and indexing mechanisms. Application of trademark law's functionality doctrine, perhaps with some modest amendment, could begin to resolve disputes over the use of cybermarks.
Understanding the Economic Espionage Act of 1996
Authors: Lemley Mark
Published: July 2018

The Economic Espionage Act of 1996 was intended to address both the generalneed for a federal criminal deterrent against trade secret theft as well asthe apparent threat from foreign state-sponsored industrial espionage. Thisarticle examines the background of this new law, provides critical analysisof its most important terms, describes the process involved in a referenceof trade secret theft to the federal authorities, and suggests practicalstrategies for businesses to take advantage of this resource as well as toavoid exposure to liability for the mishandling of information belonging toothers.
Mapping without a map: Exploring the UK business landscape using unsupervised learning
Authors: Stathoulopoulos Kostas , Mateos-Garcia Juan
Published: July 2018

Policy interventions have to be timely and tailored to specific sectors of the economic ecosystem to maximise their potential impact. We propose a system based on open data that offers policy makers two capabilities. First, it enables them to explore the digital and tech company space with high granularity through keywords, specific technologies or company names, and identify relevant organisations and those most similar to them. Second, it provides an overview of the ecosystem by creating thematic topics that characterise the activities of these companies. We demonstrate the effectiveness of this system in three activity areas not currently captured in the SIC codes.
Lento, Pero Avanzo: Indigenous Mayan Influence in Zapatista Speech & Imagery
Authors: Genovese Taylor R.
Published: July 2018

This paper will examine the Ejército Zapatista de Liberation Nacional (EZLN)—perhaps known more widespread as the Zapatistas—with a focus on how Mayan cosmology and identity affected and shifted the goals of the EZLN as we enter into their twenty-second year of occupation and insurgency in Chiapas, Mexico. For the purpose of this paper, when I refer to the EZLN, I do not only refer to the ejército (Army, or military wing of the Zapatistas), but also the socio-political-economic structures that exist within Zapatista-held territories. In order to analyze the EZLN through the lens of Mayan cosmology, I will examine their history—as well as their six officially released Declarations—and track how the end-goal of the EZLN changed from one that was a Marxist-Leninist-Guevarist, foco-centered protracted guerrilla war to one that is focused on decentralized, anti-authoritarian village occupations utilizing Indigenous Mayan values and symbols.
Roads, value, and dispossession in Baja California Sur, Mexico
Authors: Anderson Ryan
Published: July 2018

This article utilizes theories of value and space, along with Harvey’s notion of “accumulation by dispossession,” to critically investigate the histories and social effects of the commodification of place on the East Cape of Baja California Sur, Mexico. The article defines value as the product of specific social relations and examines how places are created, valued, commodified, and co-opted in the development process. The actual process of co-optation, however, is highly contingent on the development of infrastructure, particularly roads, which play a vital yet ambivalent role in shaping how different people not only access but also value the East Cape.
Journal of the History of Economic Thought Preprints - Review of A History Of Macroeconomics: From Keynes To Lucas And Beyond
Authors: Backhouse Roger
Published: July 2018

A review of Michel de Vroey's history of modern macroeconomics
Hugo Chávez y los principios del Socialismo del Siglo XXI: una indagación discursiva (2005-2013)
Authors: Izquierdas Revista
Published: July 2018

En el presente artículo se puntualizan - en un plano teórico - las ideas fuerza del Socialismo del Siglo XXI que dan cuenta de un debate inacabado en el plano político. Considerando las orientaciones ideológicas expresadas en los discursos de Hugo Chávez (2005 – 2013), se analizan los elementos de continuidad y ruptura en su vertiente latinoamericana que constituyen el Socialismo Bolivariano. A partir de estos componentes, el artículo presenta una clave de lectura situada en torno al ideario socialista con el objetivo de reflexionar sobre su relevancia y vigencia en la época contemporánea.
Convergence in the Law of Software Copyright?
Authors: Lemley Mark
Published: July 2018

Virtually all the courts to consider non-literal infringement of softwarecopyrights have lined up with the “narrow constructionists,” engaging in“analytic dissection” of computer programs in order to determine whetherany copyrightable expression has actually been copied. Most commonly, thisanalytic dissection has taken the form of the“abstraction-filtration-comparison” test set forth in Computer Associatesv. Altai. While there are still a few courts in which the “total conceptand feel” approach remains the law, the approach is moribund: since Altaiwas decided, no court has endorsed the broader “total concept and feel”approach.Rather than ending, the debate over software copyright law appears to beshifting its focus. Having finally resolved the debate that has beenplaguing software copyright law since its inception, courts are discoveringto their chagrin, that deciding what test to apply actually tells you verylittle about how to apply that test. Despite the convergence of courts onAltai's filtration approach, courts remain fundamentally conflicted indeciding how broadly to protect software copyright. Further, there remainsa 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 insoftware copyright cases. This approach focuses on exactly what is allegedto have been copied. It also acknowledges the increasing role of patent lawin protecting computer software, and the role of other copyright concernssuch as compatibility and fair use. The result of this unified approach isto provide relatively narrow copyright protection for computer programs inmost cases of non-literal infringement.
Reconceiving Patents in the Age of Venture Capital
Authors: Lemley Mark
Published: July 2018

The case for patent enforcement driving innovation is far from clear. Butpatents may serve myriad other purposes besides excluding competitors. Weshould focus more of our attention on how patents are used outsidetraditional litigation and licensing.
Unpacking Blockchains
Authors: Prpić John
Published: July 2018

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.
The Growing Complexity of the United States Patent System
Authors: Lemley Mark
Published: July 2018

In this Article, we compare a data set of 1000 U.S. patents issued between1996 and 1998 to a similarly random sample of 1000 patents issued twentyyears earlier, between 1976 and 1978. By studying the differences betweenthe groups, we can get a clear picture of how the patent system has changedover time. The results are dramatic. By almost any measure - subjectmatter, time spent in prosecution, number of prior art references cited,number of claims, number of continuation applications filed, number ofinventors - the patents issued in the late 1990s are more complex thanthose issued in the 1970s. While some of these effects are attributable tothe patenting of new technologies like biotechnology and software, unknownin the early 1970s, the increase in complexity is robust even across areasof technology. Further, the patent system in the 1990s is moreheterogeneous than it was in the 1970s. There are far greater differencesby area of technology and by nationality in how patents are beingprosecuted in the 1990s than there were in the 1970s. We explore a numberof possible explanations for these results, and discuss the policyimplications of the lack of uniformity that now characterizes our patentsystem.
Copyright Policymaking as Procedural Democratic Process: A Discourse Theoretic Perspective on ACTA, SOPA, and PIPA
Authors: Bridy Annemarie
Published: July 2018

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 BridyProfessor|University of Idaho College of Law|PO Box 83720-0051|Boise, ID 83720|Ph. 208.364.4583Affiliate Scholar|Stanford Center for Internet and SocietyAffiliate Fellow|Yale Information Society ProjectSSRN|HeinOnline|LinkedIn|Twitter
How to Be Critical and Realist about Economics
Authors: Kuorikoski Jaakko , Ylikoski Petri
Published: July 2018

In this paper we argue that, despite its influence, critical realism is not the most promising version of scientific realism for economics. The main problem with critical realism is its hermetic insulation from the mainstream of the philosophy of science. We argue that this intellectual isolation is unfortunate, as it has meant that critical realism has missed many opportunities to develop its central concepts, such as causal mechanism, emergence, and explanation. At the same time, we argue, critical realists have missed some crucial aspects of the intellectual strategy of modern economics. Our point is not to defend mainstream economics, rather it is to show that a better understanding of modeling as a scientific research strategy opens up the possibility of a more penetrating analysis of its possible shortcomings.
Childlessness and Assisted Reproduction in Europe
Authors: Präg Patrick , Sobotka Tomas , Lappalainen Eevi , Miettinen Anneli , Rotkirch Anna , Takács Judit , Donno Annalisa , Tanturri Maria Letizia , Mills Melinda C.
Published: July 2018

This report summarizes key findings of Work Package 4 of the research project "Families and Societies," which focused on the areas of childlessness and assisted reproductive technology (ART). We summarize trends, predictors on the macro- and the micro-level as well as narratives pertaining to childlessness. We also synthesize the central findings with respect to ART, showing the prevalence of ART usage across Europe, variation in the regulation of ART, and consequences of the proliferation of ART. These findings provide the strong foundation for policy recommendations, in addition to providing evidence of the impact that the Work Package has already had.
Book review: Occupational Ghettos: The Worldwide Segregation of Women and Men
Authors: Cohen Philip N. , Landivar Liana Christin
Published: July 2018

Review of Occupational Ghettos: The Worldwide Segregation of Women and Men, by Maria Charles and David B. Grusky. (Stanford University Press, 2004.) The review appeared in Contemporary Sociology 35(3), May 2006, pp. 247-249.
Bayesian estimation of age-specific mortality and life expectancy for small areas with defective vital records
Authors: Schmertmann Carl , Gonzaga Marcos Roberto
Published: July 2018

We develop a Bayesian regression model for small-area mortality schedules that simultaneously addresses the problems of small local samples and underreporting of deaths. We combine a relational model for mortality schedules with probabilistic prior information on death registration coverage – derived from demographic estimation techniques such as Death Distribution Methods, and from field audits done by public health experts. We test the model on small-area data from Brazil. Incorporating external estimates of vital registration coverage though priors improves small-area mortality estimates by accounting for under-registration, and by automatically producing measures of uncertainty.
Ready for Patenting
Authors: Lemley Mark
Published: July 2018

Patent law has tried to find a middle ground between a vision of inventionas a mental act and a competing vision that focuses on the actual buildingof a working product. The definition of invention in the 1952 Patent Actincorporates both conception and reduction to practice, sometimes choosingthe first to conceive as the inventor and at other times choosing the firstto reduce an invention to practice. But in trying to walk that middleground, patent law has actually discouraged inventors from getting theirinventions to work in practice, rewarding those who run to the patentoffice before they are fully done with the invention and giving themprecedence over those who take the time to make sure their invention worksby building and testing it. The problem is even worse under the new AmericaInvents Act passed in 2011, which encourages patentees to file theirapplications as soon as possible.The fact that the law encourages inventors to file first and figure outlater how (or even if) the invention works for its intended purpose isunfortunate. It produces underdeveloped patent applications that do notcommunicate useful information to the world. It facilitates the rise ofpatent trolls who obtain patents but never bother to produce a product,instead making a business of suing those who do. And it pushes people topatent things just in case, adding more patents into a system alreadyoverburdened with them.I reject proposals to go to the opposite extreme, requiring patentees tomake products. But we should not be in the position in which we currentlyfind ourselves: treating inventors less favorably if they try to build andtest their inventions In this paper, I offer some thoughts on ways we mightseek to protect inventors who actually decide to build and test theirproducts.
Una historia en incesante movimiento. La tradición peronista en Trinchera de la Juventud Peronista (1960-1963)
Authors: Izquierdas Revista
Published: July 2018

El 16 de septiembre de 1955, Juan Domingo Perón era desalojado de la Casa Rosada mediante un golpe de Estado. Con su líder exiliado, el peronismo se enfrentó a lo que podría considerarse su prueba de fuego: resistir tan organizadamente como pueda a los embates “desperonizadores” de los mandos militares, con la esperanza de un pronto regreso de Perón. En este nuevo período, el peronismo comienzó a ser resignificado bajo las presiones del presente; su historia y sus símbolos comenzaron a revestirse de nuevos carices. Aquí la juventud tendrá un lugar primordial. El objetivo de este trabajo es analizar el modo en que fue presentada la tradición peronista en la “Mesa Ejecutiva de la Juventud Peronista de Capital Federal y del Gran Buenos Aires”, primer nucleamiento de la Juventud Peronista en los años sesenta, tomando para ello su publicación insignia, Trinchera de la Juventud Peronista (1960 – 1963).
Marking Territory in the Infinite—Speculating on the implications of flags in space
Authors: Genovese Taylor R.
Published: July 2018

Originally posted here: http://peepsforum.com/international-flag-planet-earth/An article discussing the colonization of outer space and what possible philosophical implications of carrying flags outside of Earth's atmosphere.
Die vierte Dimension. Wissensdiskurse und Imagination in Alan Moores und Eddie Campbells "From Hell"
Authors: Trinkwitz Joachim
Published: July 2018

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.
Talent Selection and the Reshaping of Asian North America
Authors: Ho Calvin N.
Published: July 2018

Policies that admit immigrants based on their education have dramatically reshaped the demographics of the United States and Canada. In the mid-1960s, facing pressures to open their borders to non-Europeans, both countries replaced previous policies of racial and nationality discrimination with new systems of socioeconomic discrimination. These policies explain the growth of Asian immigration from the 1970s onward, as well as the high levels of education among Asian immigrants and their descendants. Refugees and family migrants, however, added socioeconomic diversity. Recent developments in skilled immigrant selection programs will continue to shape Asian American and Asian Canadian demographics in the future.
On the Positive Relationship between Breastfeeding & Intelligence
Authors: Boutwell Brian
Published: July 2018

A wealth of literature has examined the association between breastfeeding and the development of cognitive abilities in childhood. In particular, at least some evidence exists suggesting that breastfed children perform better on measures of intelligence later in life. While a correlation appears to be present, fewer observational studies have included appropriate adjustment for potentially confounding variables; maternal intelligence, maternal education, and cognitive stimulation provided by mothers being chief among them. As a result, we analyze a national sample of approximately 790 American respondents in order to test the association between breastfeeding and intelligence during childhood and adolescence using multiple intelligence tests and controlling for a range of key covariates. Our results suggest that the correlation between breastfeeding throughout the first six months of life and intelligence is statistically significant and consistent, yet of substantively minor impact.Keywords: Intelligence; breastfeeding; development; structural equation modeling
The Legacy of King Cotton: Agricultural Patterns and the Quality of Structural Change
Authors: Jung Yeonha
Published: July 2018

Agricultural patterns could have diverse impact on long-run economic development. In the context of the US South, this paper examines the legacy of cotton on economic development focusing on a novel channel of structural change. Exploiting variation in cotton production along with agro-climatic conditions, I show that the legacy of cotton has impeded local economic development exclusively as of the mid-twentieth century. The structural break is found to be a consequence of cotton mechanization. Evidence from exogenous variation in the boll weevil infestation shows that cotton farming was strongly dependent on tenant farmers with little human capital. Following cotton mechanization, cotton tenants were largely displaced and absorbed by the manufacturing sector. I then find that the inflow of cotton tenants has reduced labor productivity in the manufacturing sector. Beyond the composition effect, the negative impact on manufacturing productivity has persisted in the long-run through demand-side. Employing an index of state-level policy environment, I exploit within-state variation to show that the legacy of cotton has induced unskill-biased technical change in manufacturing.