bluuebunny/crossref_metadata_2025 huggingface dataset:
Brief Amici Curiae of 118 Law, Economics, and Business Professors and the American Antitrust Institute in Support of Petitioners
Authors: Lemley Mark
Published: July 2018

This Supreme Court amicus brief, filed in Federal Trade Commission v.Watson, explains why exclusion-payment settlements, by which brand-namedrug companies pay generic firms to delay entering the market, contravenethe policies of patent law, antitrust law, and the Hatch-Waxman Act. Itaddresses five points.First, the settlements are not consistent with the Hatch-Waxman Act,Congress’s framework for balancing patent and antitrust law in thepharmaceutical industry, which encouraged generics to challenge patents.Second, the settlements are anticompetitive, serving as a form of marketdivision, which is the practical result when brands pay generics to dropchallenges to weak patents and delay entering the market instead.Third, the mere fact of a patent cannot justify the payments. The PatentOffice frequently issues invalid patents, and the patents at the heart ofthese settlements present concern, often covering not the drug’s activeingredient but narrower aspects like the formulation or method of use thatare less innovative and bear more potential for anticompetitive mischief.Patent policy encourages challenges to weak patents, and the proceduralpresumption of validity does not justify the settlements.Fourth, exclusion payments are not needed to settle cases in the publicinterest; history has shown that brands and generics can reach settlementswithout them.Fifth, the most appropriate antitrust framework employs a “quick look”rule-of-reason analysis that treats exclusion payments as presumptivelyunlawful. Such a framework recognizes the potentially severeanticompetitive effects of exclusion-payment settlements while permittingthe settling parties to introduce possible procompetitive justifications,if any, for their agreement.
The Incidental Orgasm: The Presence of Clitoral Knowledge and the Absence of Orgasm for Women
Authors: Wade Lisa
Published: July 2018

Women report anorgasmia and other difficulties achieving orgasm. One approach to alleviating this problem is to teach women about the clitoris. This assumes that women lack information about the clitoris and that knowledge about the clitoris is correlated with orgasm. Using a non-random sample of 833 undergraduate students, our study investigates both assumptions. First, we test the amount of knowledge about the clitoris, the reported sources of this knowledge, and the correlation between citing a source and actual knowledge. Second, we measure the correlation between clitoral knowledge and orgasm in both masturbation and partnered sex. Among a sample of undergraduate students, the most frequently cited sources of clitoral knowledge (school and friends) were associated with the least amount of tested knowledge. The source most likely to correlate with clitoral knowledge (self-exploration) was among the most rarely cited. Despite this, respondents correctly answered, on average, three of the five clitoral knowledge measures. Knowledge correlated significantly with the frequency of women’s orgasm in masturbation but not partnered sex. Our results are discussed in light of gender inequality and a social construction of sexuality, endorsed by both men and women, that privileges men’s sexual pleasure over women’s, such that orgasm for women is pleasing, but ultimately incidental.
Staging Places as Performances: Creative Strategies for Architecture
Authors: Roudavski Stanislav
Published: July 2018

This thesis is about creative strategies for staging places as performances. To remain viable in the rapidly changing technological and social context, architecture needs to extend its engagement with research, reappraise its fundamental goals and develop creative strategies adequate to new challenges. However, utilisation of research in design disciplines is still immature and the methodologies of this utilisation remain a matter of controversy and active debate. In particular, the potential of cross-pollination between designing and research requires further clarification. This thesis addresses this need by developing a methodological approach that combines participant observation and investigative designing. Utilising these methodologies, this thesis considers several case-studies, including interactive installations and virtual environments. Engagement with case-studies through participant observation and investigative designing in this thesis motivates a discussion that reinstates place as the focus of architectural practice. Existing discourse and practice in architecture often assume retrograde, romantic, essentialist and exclusionary understandings of places, for example as singular, bounded and static. By contrast, this thesis highlights an open and flexible vision of places as performances. Considering the possible roles of architectural designing in place-making, it suggests that architects cannot produce ready places but can engender placemaking performances and influence their growth with provocative, open and collaborative creative-design strategies. Having established the case for distributed, polyphonic, campaigning creativity in place-making, this thesis considers whether design computing can support its performative needs. Commonly, researchers and practitioners in architecture express concerns that design computing can hinder human creativity. By contrast, this thesis demonstrates that design computing can support distributed creativity by staging multiplicious, open, flexible, idea- and insight-generating participatory exchanges. In the process, this thesis considers interactive cinematography and procedural designing as place-making actions. This re-conceptualization demonstrates that design computing can usefully support creative place-making and sometimes be indispensable for its success. This thesis contributes to knowing by 1) utilising and presenting an unorthodox methodological approach to architectural research; 2) presenting an approach to understanding and making of places novel to the field of architecture; and 3) re-conceptualizing innovative design-computing as an important creative resource for placemaking.
Pierre Bourdieu as Cognitive Sociologist
Authors: Lizardo Omar
Published: July 2018

It is now well established that Pierre Bourdieu’s work can be interpreted as a form of cognitive sociology. Yet, given that the term “cognitive” has a variety of meanings, the question of where Bourdieu’s project of cognitive sociology fits into other cognitively grounded approaches in the social sciences remains open. In this chapter, I argue that if Bourdieu is to be considered a cognitive theorist, then there is only one way in which we can interpret his conception of cognition, and that is as a form of embodied cognition. I distinguish different senses of the term embodiment and specify how they show up in Bourdieu’s work. I discuss two broad sets of empirical phenomena---the “hard” and “soft” embodiment of culture---that have recently been identified and argue that their discovery represents a vindication of the prescience and extant promise of Bourdieu’s version of cognitive sociology. I close by providing indications how we can further an empirically grounded version of Bourdieu’s cognitive sociology today.
The frog in a well: Why it is unwise to be a party affiliate?
Authors: Bast Felix
Published: July 2018

Over the years, I noticed an emerging pattern that I must confess did not come as a big surprise after all. The majority of my contacts identify themselves with a particular political party. They ‘like’ the posts appreciative of their party politicians, while they do not ‘like’ if the posts are critical of them. Only a few of my contacts act as if they have no political allegiance. Why, what is wrong if you swear your allegiance with a party, you may ask? Stereotyping is the major issue with this approach. If you identify yourself with a particular party (or worse, you become an official member of a party), you subconsciously consider all the other members of that party as your friends, and invariably you will have an emotional attachment to them. Just like other life instances, your emotion, rather than the reason, dictate things to you. You will fight for the ideology that you are part of, and even kill the opponents as well.
Fixing the Patent Office
Authors: Lemley Mark
Published: July 2018

How can we fix the PTO, allowing examiners to effectively distinguishbetween patentable and unpatentable inventions, without slowing the processto a crawl or wasting a bunch of money? This essay reviews the recentliterature and considers a number of proposals and their problems. Itconcludes that we can make the PTO better, but are unlikely to solve theproblem of bad patents altogether. Rather than focusing on adding money,the focus must increasingly turn to understanding and changing applicantand examiner incentives.
Prying Open the Black Box of Causality - A Causal Mediation Analysis Test of Procedural Justice Policing
Authors: Pósch Krisztián
Published: July 2018

Objectives: Review causal mediation analysis as a method for estimating and assessing direct and indirect effects in experimental criminology. Test procedural justice theory by examining the extent to which procedural justice mediates the impact of contact with the police on various outcomes. Apply causal mediation analysis to better interpret data from a field experiment that had suffered from a particular type of implementation failure.Methods: Data from a block-randomised controlled trial of procedural justice policing (the Scottish Community Engagement Trial) were analysed. All constructs were measured using surveys distributed during roadside police checks. The treatment implementation was assessed by analysing the treatment effect consistency and heterogeneity. Causal mediation analysis and sensitivity analysis were used to assess the mediating role of procedural justice.Results: First, the treatment effect was consistent and fairly homogeneous, indicating that the systematic variation in the study is attributable to the design. Second, procedural justice acts as a mediator channelling the treatment’s effect towards normative alignment (NIE=-0.207), duty to obey (NIE=-0.153), sense of power (NIE=-0.078), and social identity (NIE=-0.052), all of which are moderately robust to unmeasured confounding. The NIEs for risk of sanction and personal morality were highly sensitive, while for coerced obligation and sense of power they were non-significant. Conclusions: Causal mediation analysis is a versatile tool that can salvage experiments with systematic yet ambiguous treatment effects by allowing researchers to “pry open” the black box of causality. Most of the theoretical propositions of procedural justice policing were supported. Future studies are needed with more discernible causal mediation effects.
Social origin and the ability to self-evaluate school performance accurately
Authors: Rosche Benjamin
Published: July 2018

As for students many consequential life decisions still lie ahead it is vitally important that their choices suit their abilities. Concerning education a misperception of academic ability can lead to educational misinvestment with potentially severe consequences. That is why this paper investigates if there are disparities in the ability to accurately self-evaluate school performance by social origin. To the best of the author’s knowledge, this is the first paper considering this important research question. In doing so, the paper has two emphases: firstly, a theoretical model, arguing why disparities in the ability to accurately self-evaluate school performance by social origin are likely, is proposed and secondly an empirical study is conducted in order to examine if disparities by social origin are findable. The key results indicate that both students with less and students with highly educated parents underestimate their school performance if they have school grades higher than the average, and overestimate their school performance if they have school grades lower than the average. However, this relationship is intensified for students with less educated parents and therefore they self-evaluate their school performancecompared to students with highly educated parents less accurately.
Quantitative assessment of household waste disposed in floodplains of rivers from extra-Carpathian region of Neamț county, Romania
Authors: MIHAI Florin Constantin
Published: July 2018

This paper aims to develop a method which estimates the amounts ofhousehold waste disposed (HWD) by rural localities in floodplains of riversfrom the sub Carpathian sector ( Bistrița, Cracău, Ozana) and also fromcorridor valleys sector of Moldova and Siret rivers. This approach takesinto the consideration the average distance between the outer limits ofbuilt-up area (village) and floodplain (river) in order to calculate thespecific indicators. This method is applied for 2003 and 2010 with a viewto highlighting the potential impact of illegal dumping on rivers sectorsfrom the extra-Carpathian region between pre-accession and post-accessionperiods. Poor waste management facilities from rural areas lead to this badpractice which prevailed during 2003-2009. Recent improvements in thissector, particularly after the closure of rural dumpsites (16 July 2009)will mitigate this environmental threat which it is also specific to othersrural regions from Romania.
Paleontology in Antiquity
Authors: London Josh
Published: July 2018

In The First Fossil Hunters: Paleontology in Greek and Roman Times, Adrienne Mayor suggests that the fossilized remains of prehistoric megafauna were likely seen as proof of the cyclopean monsters, fearsome gods and wrathful giants of Classical myth. The truth is that paleontological thought in antiquity was far more sophisticated. As early as the 6th century BC, the discovery of stony creatures, half-buried in the earth, led thinkers like Xenophanes, Herodotus, Eratosthenes, Strabo, and Aristotle to draw remarkably accurate conclusions about geological, tectonic and climatic processes.
u.s. attitudes toward lesbian and gay people
Authors: Fetner Tina
Published: July 2018

In this article, I examine trends in attitudes toward lesbian and gaypeople over time in the United States, showing that they are changingrapidly in a positive direction. I consider the role of the LGBT movement,cultural shifts, and LGBT rights policy. This article was published in theSpring 2016 issue of *Contexts *(15: 20-27).
Nationalism and anti-ethno-politics: why ‘Chinese Development’ failed at Myanmar’s Myitsone Dam
Authors: Kiik Laur
Published: July 2018

In 2011, the Burmese military-backed government stunned global audiences by unilaterally suspending the construction of the Myitsone Dam, the cornerstone of China’s largest hydropower project abroad. This prominent failure of China’s “Going Out” investment strategy reverberated globally. Both Western and Chinese accounts frame the event as a pivotal moment in Myanmar’s celebrated reform process, the cooling of China–Myanmar relations, and US–China geopolitical rivalry in the Asia-Pacific. However, my ethnographic field and media research from 2010 to 2015 reveals that the mega-project’s failure does not originally stem from inter-state geopolitics or contested economics and ecology. Through chronological narration, I show how the Myitsone Dam is primarily the casualty of a distinctly ethno-political causality, whereby three nationalisms clashed and the replication of China’s “anti-ethno-political” model of development failed. Though no monolithic Chinese state directs “Chinese Development” overseas, individual Chinese entrepreneurs nonetheless draw from the People’s Republic of China’s (PRC’s) anti-political and state-centric paradigm when facing foreign social worlds. In the particular case of Myitsone, Chinese proponents drew from PRC’s state-nationalist heuristics of “national minorities and state-led development” and “Western anti-China conspiracy,” when facing Myanmar’s ethnic Kachin and Burman nationalisms. State ideological subjectivities of these developers seemed to blind them to the weakness in their own anti-ethno-political strategies, even when those collapsed publicly. I conclude that the Myitsone Dam’s construction will likely not be restarted, despite the hydropower company’s efforts. The Myitsone case also exemplifies how China’s previous historical entanglements in its neighboring regions uniquely disrupt the progress of “Going-Out” in Asia.
Causal Interaction and Effect Modification: Same Model, Different Concepts
Authors: Keele Luke , Stevenson Randolph T.
Published: July 2018

Social scientists use the concept of interactions to study effect dependency. Such analyses can be conducted using standard regression models. However, an interaction analysis may represent either a causal interaction or effect modification. Under causal interaction, the analyst is interested in whether two treatments have differing effects when both are administered. Under effect modification, the analysts investigates whether the effect of a single treatment varies across levels of a baseline covariate. Importantly, the identification assumptions for these two types of analysis are very different. In this paper, we clarify the difference between these two types of interaction analysis. We demonstrate that this distinction is mostly ignored in the political science literature. We conclude with a review of several applications.
Rethinking Institutional Infrastructures: Institution Building as Social Movement Activity
Authors: Fetner Tina
Published: July 2018

*Social movements rely on institutional infrastructures—organizations andnetworks external to movements that provide supports to socialmovements—but comparative work is required to understand divergences in thestrength of institutional infrastructures in similar movements acrossnational borders. I conduct a historical, comparative analysis of thereligious right in Canada and the United States using secondary sources. Iexamine the historical process of institution building in conservative,evangelical Christian communities from 1920-1950. I show that the large,dense network of para-church organizations established by conservative,evangelical Christians in the United States was not similarly establishedin Canada. I identify two historical factors in this critical juncture: therole of denominations and bureaucratic regulation of broadcast radio. Iargue that this critical juncture produced divergences in institutionbuilding that, decades later, affected the supports available to thereligious right movements in these countries. *
On the Need and Benefits of Industrial Waste Management in the Indian Context
Authors: Panachakel Jerrin Thomas
Published: July 2018

Waste management has gained importance in the recent days due to the awareness of environmental effects of improper waste disposal. Studies aimed at proper disposal of waste have come up with methods to tap the economic potential of proper waste management in addition to the scientific methods for waste disposal. This paper discusses about the need of a proper waste management system, especially for a country like India and about the financial benefit of the same.
Social Media and Power Relations during the Arab Spring Revolutions with Comparative Focus on Egypt and Tunisia
Authors: Genovese Taylor R.
Published: July 2018

The rate and degree of success among the Arab Spring revolutions has varied. While the reasons for this variation is undeniably complicated, one behavior that continues to have a significant effect on the dynamics of these social movements is the use of social media such as Facebook, Twitter, and YouTube. This paper explores the role that these communication tools played in the 2011 Egyptian revolution where the revolution succeeded in overthrowing the Mubarek regime. Compiled from local social media reports, the data has been analyzed and displays a direct correlation between the use of social media and the organization of mass protest. Furthermore, the dissemination of the local’s emotional responses via social media sites allowed for a stronger personal association from the global community. There is enough evidence to show that social media directly assisted with the organization of protests and demonstrations that helped force leaders to either step down or start reforms. Furthermore, social media spread news about these revolutions across the world, educating and humanizing the activists, which in turn helped secure international support for their cause.
Methods and techniques to measure migration movements: Brazilian state of Goiás and the Federal District, 1975-1979 and 1986-1990
Authors: Amaral Ernesto F. L. , Rodrigues Roberto do Nascimento , Fígoli Moema Gonçalves Bueno
Published: July 2018

Title in Portuguese: Métodos e técnicas de mensuração de movimentos migratórios: Goiás e Distrito Federal, 1975-1979 e 1986-1990Abstract: This article discusses methodological procedures used to obtain indicators of standards and levels of migratory movements. The objective is to understand processes for estimating functions of migration based on the Demographic Censuses of 1980 and 1991, and studies that propose methods for estimating migration were analyzed. The proposal by Machado (1993) for calculating specific rates of emigration (TEEx) from data on the last stage of residence is very efficient for estimating migration functions. But adjustments in the calculation of the TEEx are made to obtain more consistent patterns of migratory functions. In the case of the 1991 Brazilian Census, rates were also estimated using data from fixed dates. This article also proposes an analysis of the level of migration using the Total Emigration Rate (TET). These techniques were applied to migration to Goiás and the Federal District, with analysis of the pattern and level of the demographic flows.Resumo: O artigo discute os procedimentos metodológicos utilizados para obtenção de indicadores de padrão e nível de movimentos migratórios. O objetivo é compreender os processos de estimação de funções de migração com os dados dos Censos Demográficos de 1980 e 1991. Foram analisados estudos que propuseram metodologias de estimação da migração. A proposta de Machado (1993), de calcular Taxas Específicas de Emigração (TEEx) com dados de última etapa de residência, é muito eficiente para estimar funções de migração. Porém, são realizados ajustes no cálculo das TEEx para se obter padrões das funções de migração mais consistentes. No caso do Censo de 1991, também foram estimadas taxas com dados de data fixa. Além disso, o artigo propõe a análise do nível da migração com o uso da Taxa de Emigração Total (TET). Essas técnicas foram aplicadas à migração para Goiás e Distrito Federal, com análise do padrão e nível dos fluxos populacionais.
Sustainability of minority culture when inter-ethnic interaction is profitable
Authors: Bunce John A , McElreath Richard
Published: July 2018

This paper is currently published as: Bunce, JA and R McElreath (2018) Sustainability of minority culture when inter-ethnic interaction is profitable. Nature Human Behaviour 2:205-212. (available at http://rdcu.be/HQsy) Theoretical models suggest that cultural variation among ethnic groups can be maintained if inter-ethnic interaction is curtailed, or if groups are balanced in size and prestige. However, inter-ethnic interaction often takes place between members of groups that differ in size and prestige, as well as in power. We construct a model to examine the effects of ethnic asymmetries in inter-ethnic coordination benefits on changes in the frequency of cultural norms in a population comprising minority and majority ethnic groups. In the absence of other processes, conditions favourable for the sustainability of minority culture may be broadened through establishment of a territory with a border that is permeable to members of a dis-empowered minority group, but not to members of a powerful majority. We show how model predictions can complement empirical studies of cultural change, and demonstrate the model's relevance to our understanding of norm dynamics in an indigenous Amazonian population.
Remediating the irremediable: the Munich air crash and its different narrations
Authors: Martines Enrico
Published: July 2018

On 6th February 1958, an air crash at the Munich airport claimed the lives of eight Manchester United footballers, putting the overwhelming rise of a team of young talented players to a tragic end. The squad had been built by Scottish manager Matt Busby, so they were popularly known as the ‘Busby Babes’. They were returning from a victorious European Cup tie against Red Star Belgrade, when their airplane crashed in atrocious weather whilst attempting to take off for the third time from Munich-Riem Airport, on the last leg of their journey home. People used to call their boys also ‘The Flowers of Manchester’: they were the best loved team there has ever been. This sporting and human tragedy was keenly felt all over Britain; it was an event etched in the memory of a generation. Such a dramatic circumstance obviously earned itself a particular place in British popular culture. It has therefore been the subject of many narrations, in the following years, and different media have been used to tell it: starting from the first news taken from the press, the television and the newsreels – and using the testimony of survivors and contemporaries – books have been written, documentaries and films have been realised, even songs have been composed on this matter. Each media exploited its own peculiarities to stress different aspects of this modern-day myth. In this perspective, two examples of the mixed film genre called docudrama (which is usually a fictional and dramatized recreation of factual events in form of a documentary) appear particularly interesting. The aim of this paper is to analyse how the different remediations of this irremediable incident emphasise many cultural aspects linked to it.
Making Sense of Nonsense: Intellectual Property, Antitrust, and Market Power
Authors: Katz Ariel
Published: July 2018

While the economic rationale for intellectual property (“IP”) rights rests on theconcepts of “monopoly” or “market power,” the Supreme Court, in Illinois ToolWorks v. Independent Ink , has recently joined a “virtual consensus” amongantitrust commentators believing that no presumption of market power should existin antitrust cases involving IP. This Article critically analyzes this consensus, andclarifies the relationship between IP and market power, shows why IP rights oftendo confer market power in the antitrust sense, but also explains whyacknowledging this should not necessarily lead to oversized application ofantitrust law to IP.
Do Pay-for-Grades Programs Encourage Student Cheating? Evidence from a randomized experiment
Authors: Li Tao , Zhou Yisu
Published: July 2018

Pay-for-grade programs were adopted in many schools within the past two decades. Despite doubts over its effectiveness in improve students performances, educators worry that monetary incentive could skew student learning motivation and lead to academic cheating. Due to data limitation, there has been scant empirical study on this issue. Using a randomized control trial in Chinese migrant primary schools, we studied the effects of pay-for-grades programs on academic cheating. We provide new insights into the feasibility of such policy to improve learning outcomes, show concerning levels of cheating in Chinese migrant schools, and discuss its policy implications.
METI (Messaging Extra Terrestrial Intelligence) is irrational and should be abandoned
Authors: Kovic Marko
Published: July 2018

No one will answer our METI calls. All METI does is create (existential) risk for humankind.
Open Source Patenting
Authors: Burk Dan
Published: July 2018

The open source and free software movements have used self-perpetuating copyright licenses to maintain open access to publicly distributed software. This model of licensing has now migrated to the field of biotechnology, where patents rather than copyrights dominate proprietary rights. Consequently, a model for open source patenting or free biotechnology presents a constellation of legal issues not typically found in previous open source licensing. This paper discusses several of these issues, including the nature of the rights transferred, the activities that may trigger the terms of the license, and the legal prohibitions on certain forms of licensing.
A new method to reduce overestimation of thresholds with observational network data
Authors: Berry George , Cameron Christopher John
Published: July 2018

Networks of interdependent nodes support phenomena such as epidemics, product adoption, cascading failure, ecosystem collapse, congestion, and bandwagon effects. We consider the problem of using observational data to estimate the sensitivity of individual nodes to the activation of their network neighbors. We prove that—in the case of binary activation decisions—activation thresholds are impossible to correctly measure for some nodes in virtually all contagion processes on complex networks. This result holds even when each step of the process is observed. Measurement error always produces an overestimate of a node's true activation threshold. We develop a condition for determining which node thresholds are correctly measured and demonstrate that modeling activation thresholds as a function of node-level factors reduces the error compared to existing approaches.
In Puerto Rico, excess deaths following Hurricane Georges persisted for three months
Authors: Santos-Lozada Alexis R
Published: July 2018

The interruption in basic services such as electricity, drinkable water, and exposure to atypical circumstances following climate disasters increases mortality risk within the settings affected by these events. Recently, some members of academia have argued that no methodology exists to study excess deaths attributable to climate disasters. This study uses death records for Puerto Rico between 1990 and 1998 to assess excess deaths following Hurricane Georges by comparing death counts for 1998 with patterns of variation from the previous eight years. Because no population shift occurred in that decade, other than expected ones based on historical information, the average number of deaths is indicative of expected deaths and the confidence intervals are the ranges of accepted variation. If a count following a climate disaster exceeds the upper limit of the confidence interval these deaths could be considered above the historical ranges of variation and this excess could be associated with the climate disaster of interest. Death counts for September-November 1998 indicate that 819 deaths were in excess of historical ranges of variation. When the year in which Hurricane Hortense is excluded from the construction of the ranges of variation, the excess is 945 deaths. A total of 811 or 937 are missing in comparison to the official death count for this Hurricane. Considering that death counts data structures are comparable across the countries of the world, this method can be used to analyze the effect of other climate disasters.
Of Rutherford Dust: The Allegory of Dirt and the End of Terroir
Authors: Michalski David
Published: July 2018

Unfolds the use of allegory in consumer culture through an examination of wine culture's use of terroir to mediate the social relations of production.
The Emancipatory Promise of the Habitus: Lindy Hop, the Body, and Social Change
Authors: Wade Lisa
Published: July 2018

Existing research about the role of the habitus in social change emphasizes inertia. Individuals in new contexts are understood to face disadvantage, making disruption of a hierarchical status quo difficult. Recent theory regarding our ability to strategically change and use our bodily habits, however, suggests that the habitus may not be condemned to a purely conservative role. Here I examine a community of lindy hoppers who are re-shaping the collective body towards feminist ends. Control over bodies is essential to partner dance. However, these dancers revision the lead/follow dynamic. Instead of an active/passive binary, partners happily negotiate power. This negotiation is decidedly corporeal and cooperative and occurs spontaneously and constantly. My findings add empirical weight to theory regarding the role of the habitus in widespread social change, suggest that the habitus has emancipatory potential, and offer a template for how the habitus could be used by social movement actors.
Breve storia di Sybaris, in “Il filo di Arianna” 1 – «Rogerius» X, 1, Issn 1723-9699, Soveria Mannelli 2007, pp. 73-86., Jan 2007
Authors: Barritta Francesco
Published: July 2018

In queste pagine è ripercorsa la storia dell’antica Sybaris, colonia greca sulle coste ioniche della Calabria, dalla fondazione alla definitiva distruzione ad opera dei krotoniati.
Anticompetitive Settlement of Intellectual Property Disputes
Authors: Lemley Mark
Published: July 2018

The overwhelming majority of intellectual property lawsuits settle beforetrial. These settlements involve agreements between the patentee and theaccused infringer, parties who are often competitors before the lawsuit.Because these competitors may agree to stop competing, to regulate theprice each charges, and to exchange information about products and prices,settlements of intellectual property disputes naturally raise antitrustconcerns. In this paper, we suggest a way to reconcile the interests ofintellectual property law and antitrust law in evaluating intellectualproperty settlements. In Part I, we provide background on the issue. PartII argues that in most cases courts can determine the legality of asettlement agreement without inquiring into the merits of the intellectualproperty dispute being settled, either because the settlement would belegal even if the patent were invalid or not infringed, or because thesettlement would be illegal even if the patent were valid and infringed.Only in a narrow class of cases will the merits of the intellectualproperty dispute matter. In Part III, we argue that in that narrow middleset of cases antitrust's rule of reason is unlikely to be helpful. Rather,courts must inquire into the validity, enforceability, and infringementissues in the underlying case, with particular sensitivity to both the typeof intellectual property right at issue and the industrial context of thedispute. In Part IV, we apply our framework to a number of commonsettlement terms, most notably the use of exclusion payments to settlepharmaceutical patent disputes. We argue that exclusion payments thatexceed litigation costs should be deemed illegal per se. There is nolegitimate reason for such payments, and the most likely reason - to permitthe patentee to exclude competition that would likely have occurred absentthe payment - is anticompetitive. Further, legitimate patent disputes canbe settled in other ways than with an exclusion payment - for example, bylicensing the defendant or by agreeing to delay entry.
Organizando maiorias, agregando preferências: a Assembleia Nacional Constituinte de 1987-88
Authors: Medeiros Danilo
Published: July 2018

Master thesis
Can the Patent Office Be Fixed?
Authors: Lemley Mark
Published: July 2018

How can we fix the PTO, allowing examiners to effectively distinguishbetween patentable and unpatentable inventions, without slowing the processto a crawl or wasting a bunch of money? This essay reviews the recentliterature and considers a number of proposals and their problems. Itconcludes that we can make the PTO better, but are unlikely to solve theproblem of bad patents.
When History and Genetics Tell Different Stories,
Authors: Stone James M
Published: July 2018

Biologist Shai Carmi et al. demonstrated several years ago (in Nature Communications) that the entire contemporary community of Ashkenazic Jews, numbering very roughly ten million individuals, can trace its ancestry to an effective population of about 350 persons living in Poland at the midpoint of the Fourteenth Century. Historians have been slow to examine the powerful and deeply troubling implications of Carmi’s work, which invites exploration of how a once extensive population of Jews in the Roman Empire could have been almost completely extinguished during the Medieval era. This paper examines several possible historical hypotheses that have been put forth to explain Carmi’s so-far uncontested scientific finding, and concludes that the most powerful contributor to the decimation of the root population in the Roman Empire was likely to have been religious-inspired violence taking place during the lengthy period of the Crusades and immediately after the Black Plague epidemic.
Open Smart Cities in Canada: Environmental Scan and Case Studies - Executive Summary
Authors: Lauriault Tracey P. , Bloom Rachel , Livingstone Carly , Landry Jean-Noé
Published: July 2018

This executive summary consolidates findings from a smart city environmental scan (E-Scan) and five case studies of smart city initiatives in Canada. The E-Scan entailed compiling and reviewing documents and definitions produced by smart city vendors, think tanks, associations, consulting firms, standards organizations, conferences, civil society organizations, including critical academic literature, government reports, marketing material, specifications and requirements documents. This research was motivated by a desire to identify international shapers of smart cities and to better understand what differentiates a smart city from an Open Smart City.
Holocaust and Human Rights Education: Cultivating Three Rs
Authors: Polgar Michael
Published: July 2018

Three ideas, simplified as three ‘Rs,’ can guide us in Holocaust and human rights education. First, remembering the Holocaust is part of our ethically driven and inspired multicultural educational work. Second, respecting the memories of historical injustices can and should involve humanizing historical events through individual narratives. Third, people who endure genocide and other traumatic injustices represent examples of resilience. Holocaust examples and narratives can easily be used in teaching about problems of discrimination and injustice, especially as we include and describe examples of long-standing problems of antisemitism. Our work as educators can be developed as we recognize these three Rs: remember and respect resilience among those who endured (and still endure) injustice.
God in the Machine: A New Structural Analysis of the Fair Use Doctrine in Copyright Law
Authors: Sag Matthew
Published: July 2018

Matthew Sag, God in the Machine: A New Structural Analysis of the Fair Use Doctrine in Copyright Law 11 Michigan Telecommunications & Technology Law Review 381 – 435 (2005)
DEVELOPMENT OF WASTE COLLECTION SERVICES ON RURAL TERRITORY FROM NEAMT COUNTY
Authors: MIHAI Florin Constantin
Published: July 2018

This paper analyzes the expansion of sanitation services in rural areasafter the closure and rehabilitation of rural dumpsites having as deadlineJuly 16, 2009. Following this period local authorities are forced tocollect and dispose the waste generated in urban landfills from proximityuntil the transfer stations will be operational. Most of the ruralpopulation has no access to waste collection services, waste generated anduncollected are uncontrolled disposed polluting the localenvironment. Development of sanitation services is a basic condition for anefficient implementation of integrated waste management system at thecounty level.
Corrigenda to Essays on Gödel's Reception of Leibniz, Husserl, and Brouwer
Authors: van Atten Mark
Published: July 2018

A list of corrections to the book Essays on Gödel's Reception of Leibniz, Husserl, and Brouwer (Springer, 2015).
Best Practices for the Law of the Horse: Teaching Cyberlaw and Illuminating Law Through Online Simulations
Authors: Nathenson Ira Steven
Published: July 2018

In an influential 1996 article entitled Cyberspace and the Law of the Horse, Judge Frank Easterbrook mocked cyberlaw as a subject lacking in cohesion and therefore unworthy of inclusion in the law school curriculum. Responses to Easterbrook, most notably that of Lawrence Lessig in his 1999 article The Law of the Horse: What Cyberlaw Might Teach, have taken a theoretical approach. However, this Article — also appropriating the “Law of the Horse” moniker — concludes that Easterbrook’s challenge is primarily pedagogical, requiring a response keyed to whether cyberlaw ought to be taught in law schools. The Article concludes that despite Easterbrook’s concerns, cyberlaw presents a unique opportunity for legal educators to provide capstone learning experiences through role-playing simulations that unfold on the live Internet. In fact, cyberlaw is a subject particularly well-suited to learning through techniques that immerse students in the very technologies and networks that they are studying. In light of recommendations for educational reform contained in the recent studies Best Practices for Legal Education and the Carnegie Report, the Article examines the extent to which “Cybersimulations” are an ideal way for students to learn — in a holistic and immersive manner — legal doctrine, underlying theory, lawyering skills, and professional values. The Article further explains how the simulations were developed and provides guidance on how they can be created by others. The Article concludes with a direct response to Easterbrook, arguing that cyberlaw can indeed “illuminate” the entire law.
Theorizing command-and-commodify regulation: the case of species conservation banking in the United States
Authors: Rea Christopher
Published: July 2018

State-directed but market-oriented forms of regulation, especially environmental examples like cap-and-trade and ecological offsetting, have proliferated in the past two decades, but sociologists have been slow to theorize these broad institutional shifts. This article offers a framework for explaining these processes of regulatory marketization. First, I argue that institutions of this sort are examples of what I call command-and-commodify regulation, a mode of regulation that distinctively hybridizes economic and authoritative dimensions of power. Second, I explain how and why one example of command-and-commodify regulation, species conservation banking, emerged and remained concentrated in California, but did not so easily develop in other American states. Finally, abstracting from the case, I argue that the concept of market reconstruction is useful for developing a more general theory of the ways that social conflicts and mobilization reconfigure regulatory power, and thus give rise to new modes of regulation. Together, a theory of command-and-commodify regulation and market reconstruction may be useful for explaining the development of a wide variety of environmentally focused and other regulatory institutions.
Right to Be Forgotten: Much Ado About Nothing
Authors: Frosio Giancarlo
Published: July 2018

In the information society, the role of private sector entities in gathering information for and about users has long been a most critical issue. Therefore, intermediaries have become a main focus of privacy regulations, especially in jurisdictions with a strong tradition of privacy protection such as Europe. In a landmark case, the ECJ ruled that an internet search engine operator is responsible for the processing that it carries out of personal data which appear on web pages published by third parties. The recognition by the European Union of a so called “right to be forgotten” (RTBF) has ignited disgruntled reactions from civil society and legal scholars, especially in the United States. Meanwhile, proposals for the adoption of a similar right have appeared in several jurisdictions, including Brazil, Japan, Korea, and Russia. Supposedly, the right to be forgotten would endanger freedom of expression (FoE) and access to information. Apparently, factoids — defined by the Oxford Dictionary as “an item of unreliable information that is reported and repeated so often that it becomes accepted as fact” — dominated the recent debate surrounding the right to be forgotten. This paper will discuss and debunk these factoids, review data protection legislation in Europe, and explore the legal and policy implications of the newly emerging right to be forgotten. Finally, the idea that extra-territorial application of the RTBF might unleash a kraken that can break down the Internet will be contextualized within the present political scenario. The extra-territorial application of the RTBF follows in the footsteps of a global move towards data protectionism against the de facto market dominance of US Internet conglomerates. Global blocking governed by a nationality principle — as suggested by CNiL and other EU institutions — would put to rest these protectionist concerns.
Big Data and Population Processes: A Revolution?
Authors: Billari Francesco Candeloro , Zagheni Emilio
Published: July 2018

We first discuss the centrality of data paradigms in demography, documenting their rise and fall over time also making use of Google Books Ngram Viewer. We then move on to discuss the undergoing ``Data Revolution'' in demography, with a focus on emerging forms of big data access and on the use of digital breadcrumbs.
Social Media on Jordanian Radio: Facebook Counts and Link-Up Messages
Authors: Fras Jona
Published: July 2018

This brief article describes the use of social media on Jordanian radio today - a form of amplifying potentials and agendas already implicit in radio broadcaster discourse, rather than an inherently revolutionary technology.
The End of End-to-End: Preserving the Architecture of the Internet in the Broadband Era
Authors: Lemley Mark
Published: July 2018

In this paper, we address the question of "open access" and itsrelationship to the architecture of the Internet. It is our view that theextraordinary growth and innovation of the Internet depends crucially uponthis architecture. Changes in this architecture should be viewed withskepticism, as they may in turn threaten this innovation and growth. Manycable companies have recently adopted or threatened a policy of bundlinghigh-speed cable modem service with ISP service. This bundling threatens tocompromise an important architectural principle of the Internet: theInternet's "End-to-End" design. In our view, this change could haveprofound implications for the future of growth and innovation on the net.The FCC's analysis of the cable modem industry to date has not consideredthese principles of the Internet's design. It therefore does not adequatelyevaluate the potential threat that bundling presents to open access to theInternet. Neither does the FCC's approach properly account for its role increating the conditions that made the Internet possible. Under the bannerof "no regulation," the FCC threatens to permit this network to calcify asearlier telecommunications networks did. Further, and ironically, the FCC'ssupposed "hands off" approach will ultimately lead to more rather than lessregulation. We do not yet know enough about the relationship between thesearchitectural principles and the innovation of the Internet. But we shouldknow enough to be skeptical of changes in its design. The strongpresumption should be in favor of preserving the architectural featuresthat have produced this extraordinary innovation. The FCC's presumptionshould be against approving mergers or policies that threaten these designprinciples, without a clear showing that the threat would not undermine theInternet's innovation.