bluuebunny/crossref_metadata_2025 huggingface dataset:
Methods for choosing a rational composition of the blast furnace charge
Authors: Belkova A.I. , Muravyeva I.G. , Skachko A.S.
Published: May 2021

The aim of the work is to solve the problem of choosing the optimal composition of iron ore materials for blast furnace loading. An analytical review of the existing approaches to assessing the quality and methods for selecting a rational composition of iron ore materials implemented as part of the control system of domestic and foreign blast furnaces in modern conditions has been carried out. A method of modeling the processes of directional formation of melts, developed at the Iron and Steel Institute, is proposed. The description of the processes of transformation of iron ore materials in a blast furnace and the properties of liquid smelting products was carried out using the parameters of interatomic interaction in melts. The technique uses a set of integral criteria and physicochemical models that allow estimating charge, gas-dynamic and temperature melting conditions. The influence of the quality of iron ore on the properties of primary melts and final products of blast-smelting is analyzed. An integral indicator of the quality of the charge and an integral indicator of the temperature blast mode have been developed. The main difference of the proposed approach to the selection of the composition of the charge from similar developments focused on the traditional criterion «basicity of the final slag» is the use of a set of physico-chemical criteria that characterize the quality and properties of iron ore, primary and final blast furnace slag. The use of the developed prognostic models and criteria as part of automated blast furnace control systems allows us to predict the chemical composition of iron and slag. Stabilization of slag properties within the specified limits ensures the smelting of cast iron of the required composition and a reduction in coke consumption in the current unstable conditions of smelting iron.
Long-Term Bias
Authors: Barzuza Michal , Talley Eric
Published: May 2021

An emerging consensus in certain legal, business, and scholarly communities maintains that corporate managers are pressured unduly into chasing short-term gains at the expense of superior long-term prospects. The forces inducing manage- rial myopia are easy to spot, typically embodied by activist hedge funds and Wall Street gadflies with outsized appetites for current quarterly earnings. Warnings about the dangers of “short termism” have become so well established, in fact, that they are now driving changes to mainstream practice as courts, regulators and practitioners fashion legal and transactional constraints designed to insulate firms and managers from the influence of investor short-termism. This Article draws on ac- ademic research and a series of case studies to advance the the- sis that the emergent folk wisdom about short-termism is in- complete. A growing literature in behavioral finance and

psychology now provides sound reasons to conclude that corpo- rate managers often fall prey to long-term bias—excessive op- timism about their own long-term projects. We illustrate sev- eral plausible instantiations of such biases using case studies from three prominent companies where managers have argua- bly succumbed to a form of “long-termism” in their own corpo- rate stewardship. Unchecked, long-termism can impose sub- stantial costs on investors that are every bit as damaging as short-termism. Moreover, we argue that long-term managerial bias sheds considerable light on the paradox of why short- termism evidently persists among supposedly sophisticated fi- nancial market participants: shareholder activism—even if unambiguously myopic—can provide a symbiotic counter-bal- last against managerial long-termism. Without a more defini- tive understanding of the interaction between short- and long- term biases, then, policymakers should be cautious about em- bracing reforms that focus solely on half of the problem.
Breaking the Silent Treatment
Authors: Zhai Jingxi
Published: May 2021

The dramatic revelations of the #MeToo movement have ex- posed the extent to which workplace sexual harassment is en- demic and concealed across different industries. #MeToo has also shed light on the use of non-disclosure agreements (“NDAs”) by harassers to conceal their pattern of repeated mis- conduct. While there has been strong public condemnation of NDAs in the wake of the #MeToo movement, there is limited case law on the question of whether contracts such as NDAs are legally enforceable when used to settle claims of sexual har- assment that do not amount to criminal conduct.

While federal and state legislatures continue to debate the benefits of legislating against such agreements, this Note ana- lyzes the viability of the common law public policy analysis to hold such NDAs unenforceable. Given that most states do not have specific statutes directly addressing sexual harassment NDAs, courts should look to a broad range of state legislation as relevant in considering the public policy interests counseling toward finding such NDAs unenforceable. Accordingly, this Note analyzes public policy considerations derived from three types of state law: restrictions on the use of NDAs in instances of sexual harassment, prohibitions of workplace harassment, and limitations on the concealment of public hazards.

Even in states without any such legislation, this Note urges state courts, when determining whether to enforce sexual har- assment NDAs, to more actively weigh the benefits of enforcing the contractual will of private parties against potential harms to the public welfare. Workplace sexual harassment is a public policy issue that is worsened by the continued use of NDAs. In concealing workplace sexual misconduct, NDAs prevent soci- ety, through private and state actors, from addressing the problem itself and threaten public safety and welfare by allow- ing offenders to potentially harm future workers. Without NDAs as protection, companies will be exposed to reputational damage and potential shareholder litigation when sexual har- assment news becomes public knowledge. Indeed, this threat of future reputational harm could be an effective way to encour- age corporations to change their internal policies relating to workplace misconduct.
Rated P for Public
Authors: Kalaria Parth
Published: May 2021

Credit rating agencies have long played an important rolein the economy of the United States. In response to thefinancial crisis of 2008, the Dodd-Frank Wall Street Reformand Consumer Protection Act introduced reforms to increasethe transparency and accountability of credit rating agencies.With the rise of cryptocurrencies and the expansion ofblockchain technology, established credit rating agencies arenow considering offering ratings for cryptocurrencies, in thesame way they rate traditional securities.

Borrowing from the lessons learned from the experience ofthe 2008 financial crisis, this Note proposes that the UnitedStates government create a public agency to providecryptocurrency ratings. The Note begins by providingbackground information on cryptocurrencies, blockchaintechnology, credit rating agencies, and the subprime mortgagecrisis of 2008. Next, it discusses problems in the credit ratingprocess that were not solved by Dodd-Frank—namely, theprevalence of fraud and conflicts of interest between ratingagencies and issuers. The Note then proposes the publiccryptocurrency rating agency solution and additionalsupplementary reforms that may be adopted to address these unsolved problems.
Who Determines Customer Property
Authors: Mok Mariel
Published: May 2021

Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act gives the government the Orderly Liquidation Authority (“OLA”) to seek the liquidation of failing financial companies with the appointment of the Federal Deposit Insurance Corporation (“the FDIC”) as receiver. When applied to securities broker-dealers, the OLA calls into question the incorporation of the Securities Investor Protection Act of 1970 (“SIPA”) that provides for the orderly liquidation of an insolvent broker-dealer under the oversight of the Securities Investor Protection Corporation (“the SIPC”). The result is a conflict of control between the FDIC and the SIPC in the event of an OLA broker-dealer liquidation and investor uncertainty regarding the incorporation of SIPA protections for customer property. Problematically, the OLA and its implementing rules leave the FDIC with discretion to modify SIPA protections for customer property.
Capital, Contagion, And Financial Crises
Authors: Tabor Nicholas K. , Zhang Jeffery Y.
Published: May 2021

After the 2008-09 financial crisis, policymakers around the world focused on enacting improvements that would make the emergence of a financial crisis less likely (ex ante) and recovery from one more rapid (ex post). This Article identifies a gap in both the academic literature and the current financial regulatory framework in exploring how to limit the damage—to other firms, and to the financial system—when a crisis is ongoing. Policymakers cannot predict the origins of every future crisis, just as firefighters cannot predict the origins of every future fire. Once one begins, how can they keep the damage from spreading?

The academic theory on financial crisis “firefighting” divides into two main camps. The “capital view” claims that runs on financial institutions are fundamentally rational, and that investors care mainly about solvency. Under this view, the best way to fight runs is to raise capital requirements ahead of time, to multiples of current levels. The “contagion view” claims instead that the lack of liquid assets both defines and causes bank runs; an institution’s access to cash (and instruments like it) determines whether and when investors will withdraw funding. Under this view, the best way to fight runs is for governments to lend banks money—freely, at high rates, and against good collateral—and to promise to do so well before a crisis starts.

In this Article—the first to directly address this question empirically—we show that neither view fits the most catastrophic financial shock of the last ninety years: the 2008 Lehman Brothers bankruptcy. In some cases, banks with more capital and liquidity were actually more exposed, not less, to the market panic following Lehman’s collapse. By contrast, we show that simple market correlation was a powerful predictor of exposure to the Lehman run. We also show that market valuations of large banks are more highly correlated today than they were in September 2008, creating a potential unaddressed conduit for an unexpected shock to metastasize into a contagious run.
Long-Term Bias, Incentives, and Agency Costs
Authors: Kastiel Kobi
Published: May 2021

The problem of managerial short-termism has long preoccupied policymakers, researchers, and practitioners. These groups have given much less attention, however, to the converse problem of managerial long-termism. Michal Barzuza and Eric Talley fill this gap in their pioneering article, Long-Term Bias. Relying on the behavioral finance and psychology literatures, the authors provide a novel and thought-provoking analysis of managerial long-term bias, which may be just as detrimental as the more widely condemned short-term bias.

This invited Comment to Barzuza and Talley’s article advances three claims. First, it argues that proper incentives— created by executive compensation, heightened risk of early termination, market responses and shareholder pressures— are likely to turn most managers more realistic and thus to mitigate their long-term biases.

Second, it explains how, in reality, it could be almost impossible to distinguish between long-term bias and traditional agency theories of empire building and pet projects. Ultimately, both long-termist and self-interested managers systematically harm shareholders; both choose to ignore shareholder interests and waste free cash flow on inferior business investments. This also explains why the cure to both long-term bias and agency costs is similar: reducing the relative insulation of the board from shareholders’ disciplinary power.

Finally, this Comment expresses strong support for most of Barzuza and Talley’s normative conclusions, with one important exception: their acceptance of the use of dual-class stock. With a perpetual lock on control and a limited equity stake, corporate leaders will be immune to any “institutional brake” on all forms of long-termist overinvestment. If anything, the analysis of Barzuza and Talley provides an additional strong justification to oppose the use of perpetual dual-class stock.
Codetermination: A Poor Fit for U.S. Corporations
Authors: Dammann Jens , Eidenmüller Horst
Published: May 2021

The idea that a corporation’s employees should elect some of the corporation’s board members, a system known as codetermination, has moved to the forefront of U.S. corporate law policy. Elizabeth Warren’s Accountable Capitalism Act calls for employees of large firms to elect forty percent of all board members. Bernie Sanders’s Corporate Accountability and Democracy Plan goes even further and states that workers should elect forty-five percent of board members.

Both Warren’s and Sanders’s plans are broadly similar to the German law on codetermination, which for many decades has allowed employees of large German corporations to elect up to half of all board members. It is therefore unsurprising that Senator Sanders points to Germany’s successful economic development as evidence that economic progress and mandatory codetermination can go hand in hand.

However, this Article argues that codetermination promises to be a poor fit for U.S. corporations. While Germany arguably reaps significant benefits from codetermination, legal, social, and institutional differences between Germany and the United States make it highly unlikely that the United States would be able to replicate those benefits. Furthermore, the costs of codetermination probably would be much higher in the United States than they are in Germany.
People Analytics and Individual Autonomy: Employing Predictive Algorithms as Omniscient Gatekeepers in the Digital Age Workplace
Authors: Pedersen Erica
Published: May 2021

People Analytics is a powerful tool with immense promise for enhancing organizational insights. However, this Note argues that employers’ unfettered use of opaque predictive algorithms, which are trained on behavioral data to profile workers and guide employment outcomes, represents a significant threat to individual autonomy. Part II explores the emergence of People Analytics as a continuation and merger of historical approaches to scientific management in the American workplace. Part III contrasts the organizational benefits of predictive analytics against the uniquely intrusive, non-transparent, and sometimes arbitrary manner in which they are currently deployed against workers. Part IV discusses how People Analytics may hasten the erosion of employees’ normative rights in the workplace. It then discusses the insufficiency of existing regulatory and common law mechanisms to protect workers from arbitrary or discriminatory decisionmaking based on algorithmic profiling. Finally, Part V reviews some proposed solutions, emphasizing the importance of employee voice and the need for proactive regulations to enforce algorithmic transparency and protect individuals’ rights to privacy and autonomy.
Copyright and Joint Authorship as a Disruption of the Video Game Streaming Industry
Authors: Holden John , Schuster Mike
Published: May 2021

Video game streaming on sites like YouTube and Twitch is now a billion-dollar industry. Top streaming personalities make tens of millions of dollars annually, as viewership of video game play continues to expand. While video game companies’ control over intellectual property embodied in video games is largely accepted, streamers’ rights in their recorded gameplay have yet to be settled.

Game companies likely maintain the right to stop unauthorized streaming of gameplay, but most do not exercise that right, as streaming represents free advertising. This raises the related question of what rights streamers have against unauthorized use of their gameplay. It also raises the question, unexplored in the literature, of what rights gameplayers maintain when competitors in their online games stream their matches.

We find that copyright can provide protection to streamers over the audiovisual recordings of their play, subject to contractual limitations imposed by game companies. Our analysis likewise establishes that gamers whose play is streamed by another party may qualify as joint authors of the streamed recording. This co-authorship could result in multi- millionaire streamers owing an accounting to other players appearing in their streams. The Article then explores the potential business implications associated with these findings and discusses potential strategies to protect the interests of game companies and streamers.
Geographies of Participation in Learning Abroad Mobility Among European Youth: A Comparison of Student and Non-student Groups in the EU Member States
Authors: Öz Yakup
Published: May 2021

In recent decades, learning abroad mobility has become a popular movement and has often been considered among students in higher education. However, in the European Union (EU) context, opportunities to learn abroad are also provided for non-student groups of youth. Accordingly, this study aims to examine the role of certain socioeconomic factors concerning participation in learning abroad mobility and to compare their contribution between students and non-student groups of youth in six country groups in the EU. In so doing, a quantitative method was followed by using the data of Flash Eurobarometer 478. Findings of the multinomial logistic regression analyses show that although there is no significant difference between the EU15 and NMS (new member states) regarding young people’s participation in learning abroad mobility, such difference occurs within the NMS. Students are more likely than nonstudents to participate in general. The age of students, being female and living in rural areas among non-students can also hinder participation.
A Policy Shift from State to Non-state in Education Aid: A Critical Discourse Analysis of the UK’s Development Policies
Authors: Aung Thu Ya , Straubhaar Rolf
Published: May 2021

Due to the historically outsized influence of the United Kingdom’s development assistance office on international aid, a better understanding of the underlying ideologies and political priorities guiding this agency would help the larger aid community more clearly understand the power dynamics and structural context of the development industry. However, these ideologies and dynamics are often left implicit and are not always easily understood. The purpose of this article is to use critical discourse analysis to unpack the ideologies, political priorities and power dynamics present in DfID’s official education policy documents. In so doing, we make the implicit explicit, and begin to unpack the implicit meanings and assumptions that are present in these written texts, particularly regarding the deprioritized role of the state in providing a high-quality education. We argue that this analysis reveals an underlying perception within DfID that the private sector is more effective at providing public education in developing countries than the public sector.
Higher Education Finance Between Ghana and the United States
Authors: Acquah Alfred
Published: May 2021

Over the years, there has been a tremendous increase in enrollment in higher education as well as the cost of attendance. This article comparatively analyzes the higher education finance between the United States of America (U.S.A.) and Ghana, taking into consideration the goals of higher education, enrollment and expenditure, and the various sources of finance available to students in both countries. The source of education finance between both countries is examined through the lens of neoliberalism, which prioritizes capitalism, free trade, and market in public institutions, specifically higher education. While there are disparities in the financing of higher education in both countries, there is a similarity in the limited access to higher education and funding by students from low socioeconomic backgrounds.
A Fairer, Safer, and More Just System for All New Yorkers: Domestic Violence and New York Bail Reform
Authors: Gutenplan Hannah
Published: May 2021

On January 1, 2020, bail reform laws went into effect in New York that eliminated cash bail for thousands of defendants across the state. In step with other reforming jurisdictions across the country, New York aimed to ensure that a defendant’s freedom before trial would not be determined by the individual’s ability to pay. Unlike other reforming jurisdictions, however, New York’s bail laws do not include public safety as a legitimate factor for judges to consider when setting release conditions. Some domestic violence advocates have expressed concern for victims’ safety during the pretrial period in domestic violence cases. This Note explores the potential impact of New York’s bail reform laws on domestic violence cases and whether any mitigating measures may be implemented to promote victims’ safety.
The Role of the State in the Intra-Group Vulnerability of Women: Revisiting Debates About Multiculturalism Through the Case of Polygamy Among the Bedouins in Israel
Authors: Zucker Miriam
Published: May 2021

Abstract
THE IMPACT OF THE 2017 TAX ACT ON CERTAIN PERSONAL INJURY PLAINTIFFS
Authors: Polsky Gregg
Published: May 2021

The 2017 Tax Act was the most sweeping federal tax legislation in over a generation. While many of its reforms, from dramatically lowering the corporate tax rate to altering the international tax rules, have already received significant attention, comparatively little attention has been paid to the 2017 Tax Act’s effects on personal injury plaintiffs. This Article explores those impacts.

The 2017 Tax Act added a new provision that indirectly affects plaintiffs who allege sexual harassment or abuse. The new provision disallows the defendants’ deductions if the parties enter into a nondisclosure agreement. While targeted at defendants, the provision likely unwittingly harms plaintiffs by reducing settlement offers. The provision also suffers from a host of ambiguities that the Treasury Department and Internal Revenue Service will need to resolve.

The 2017 Tax Act also eliminated so-called miscellaneous itemized deductions. In certain types of personal injury claims, such as defamation or emotional distress, this development causes the plaintiff to be taxed on the full settlement amount even if, as is often the case, one-third or more of the settlement is paid as a contingent fee to the plaintiff’s attorney. Legislative or administrative action is required to remedy this patent unfairness.
Fischlin, Daniel and Eric Porter (eds). 2020. Playing for Keeps: Improvisation in the Aftermath. Durham: Duke University Press.
Authors: Ford Mike
Published: May 2021

-
The Ninth Symphony of Beethoven, Its Rich History
Authors: Shiflett Campbell
Published: May 2021

Adrienne Rich’s poem “The Ninth Symphony of Beethoven Understood at Last as a Sexual Message” has become a fixture in musicological accounts of Beethoven and the Ninth ever since its introduction to the discipline in an influential essay by Susan McClary. But though Rich’s work has been cited in numerous books and articles in the intervening decades, it has remained yoked to McClary’s text, with critics rarely considering the poem on its own terms. This paper considers what is at stake in our discipline’s reliance on Rich’s “Beethoven” poem. After taking stock of its use at the hands of musicologists since the publication of Feminine Endings, asking to what end authors reference Rich’s work, it returns to the poem in order to stage a more explicit confrontation with its text, reestablish its connections to contemporary discussions of Beethoven and feminism, and consider its significance to musicology.
Beethoven Returns to Bonn: Origins, Belonging and Misuse in Mauricio Kagel’s Ludwig van (1969)
Authors: Fitz Gibbon Elaine
Published: May 2021

In 1969 West Germany, the country was abuzz with anticipation of the approaching Beethoven bicentennial. That year the composer and experimental filmmaker Mauricio Raúl Kagel, born in Argentina to Russian- and German-Jewish parents in 1931 and living in Cologne since 1957, was commissioned by the State to commemorate the momentous occasion. What resulted was a film that surely no West German official had anticipated. Entitled Ludwig van: A Report and strongly inflected by Kagel’s absurdist aesthetic, Kagel’s film critiques the fetish object that Beethoven’s music and person had become in twentieth-century West Germany, touching upon, amongst many topics, East German claims of Beethoven’s “misuse” by the West German government, as well as the rise in the 1960s of the theory that Beethoven was Black.
While Ludwig van has been recognized for its sendup of bourgeois music culture, it has yet to be analyzed from the perspective of diasporic experience. Simultaneously a love letter to and deconstruction of Beethoven’s cultural legacy, Ludwig van asks its audience to consider the complex diasporic experiences of avant-garde artists in the wake of WWII. Drawing on work by Brigid Cohen, I argue for the centrality of the theme of migration and displacement in Ludwig van. And in reading two central scenes from the film, I consider, in dialogue with Scott Burnham, what light the fifty-one-year-old film’s critique of the fetishization of origins and genealogy might shed on the celebration of Beethoven’s 250th birthday in 2020, and such acts of memorization more generally.
[Please note: This article contains embedded video files. These files cannot be played on all PDF readers. Current Musicology recommends Foxit PDF Reader, Adobe Acrobat, or any other PDF reader capable of reading "enriched" media.]
Stockton, Will and D. Gilson (eds.). 2020. The 33 1/3 B-Sides: New Essays by 33 1/3 Authors on Beloved and Underrated Albums. New York: Bloomsbury
Authors: Davila Richard Cruz
Published: May 2021

-
Edwards, Brent Hayes. 2017. Epistrophies: Jazz and the Literary Imagination. Cambridge, MA: Harvard University Press
Authors: Reed Jacob
Published: May 2021

-
Jas, Eric. 2018. Piety and Polyphony in Sixteenth-Century Holland: The Choirbooks of St Peter’s Church, Leiden. Studies in Medieval and Renaissance Music, 18. Woodbridge: The Boydell Press.
Authors: Gale Michael
Published: May 2021

-
The Subdominant Tritone in Film and Television Music
Authors: Osborn Brad
Published: May 2021

Tritones sounding over subdominant harmony, either as suspensions, accented passing tones, or incomplete neighbors, constitute a class of sonorities regularly heard in film and television music. I collectively refer to these phenomena as “subdominant tritones” (SdTT), and theorize a link between the SdTT and emotions it engenders. The article presents close visual/musical analysis of selected SdTT-tinged passages in feature films that animate various heightened emotional states, including longing, nostalgia, relief, and melancholy.
[Please note: This article contains embedded video files. These files cannot be played on all PDF readers. Current Musicology recommends Foxit PDF Reader, Adobe Acrobat, or any other PDF reader capable of reading "enriched" media.]
Making the Case for Equity Pedagogy
Authors: Thomas Margaret
Published: May 2021

This colloquy, by graduate-student-led collective Project Spectrum, attempts to map out existing discussions around inclusion and equity in music academia, with a specific focus on identifying and analyzing the structures in academia that work against minoritized and historically excluded scholars. 

Margaret Thomas takes us into the undergraduate music theory classroom, addressing one of the entry points into the music academia pipeline. Thomas proposes two educational theories to make our classrooms more inclusive: universal design for learning (UDL) and equity pedagogy. More importantly, she calls for music pedagogues to be proactive and to address the structural inequities that shape a student’s engagement in and out of the classroom.
Still Fighting: The Relationship Between Contemporary Preemption in the South and the Continued Struggle for Black Worker Rights
Authors: Swanson Resha T.
Published: May 2021

Post-Reconstruction Black Codes implemented throughout the South stunted the economic mobility of Black workers and replicated the free labor system of slavery (Nittle, 2021). While these laws were abandoned or outlawed over time (Nittle, 2021; PBS, 2017), the use of contemporary preemption in Southern states acts as a de facto continuation of Black Codes by barring legislation, often from progressive cities and municipalities, that seeks to strengthen rights and protections for Black workers throughout the region. In order to properly understand the unique racial, political, and economic entanglement between twenty-first century preemption and the oppression of Black workers, one must first explore the origins of preemption and the history of Black worker oppression in the South. This examination provides the backdrop for modern attempts to suppress Black workers in states like Alabama and Tennessee. A closer look at the deep political divisions between Southern legislatures and urban municipalities in their states offer arguments, though unfounded and insufficient, in favor of preemption, and outline the challenges worker advocates face when addressing the problem. Despite its challenges, it is critical for organizers to continue fighting preemption using creative strategies and to reaffirm the rights and advancement of Black workers.
The Overdiagnosis of Bipolar Disorder Within Marginalized Communities: A Call to Action
Authors: Doyen Paul
Published: May 2021

This paper argues that the overdiagnosis of bipolar disorder (BD) is an urgent and underrecognized problem within the U.S., threatening to expose vulnerable Americans to heightened stigma and harmful drug effects while disguising the environmental and traumagenic roots of their distress. The paper traces BD overdiagnosis to biomedical assumptions about mental illness and to the decline of social welfare policies over the past twenty-five years. It calls on policymakers to address BD overdiagnosis by revising criteria in the DSM 5, developing psychosocial models of mental illness, and reintroducing protective social welfare programs. Finally, the paper urges social workers to educate themselves about the harms of BD overdiagnosis as well as to recognize their own role in medicalizing their clients’ distress.
Restatements of Statutory Law: The Curious Case of the Restatement of Copyright
Authors: Balganesh Shyamkrishna , Menell Peter S.
Published: May 2021

For nearly a century, the American Law Institute’s (ALI) Restatements of the Law have played an important role in the American legal system. And in all of this time, they refrained from restating areas of law dominated by a uniform statute despite the proliferation and growing importance of such statutes, especially at the federal level. This omission was deliberate and in recognition of the fundamentally different nature of the judicial role and of lawmaking in areas governed by detailed statutes compared to areas governed by the common law. Then in 2015, without much deliberation, the ALI embarked on the task of restating U.S. copyright law, an area dominated by a detailed federal statute. In so doing, the ALI ignored not just calls to revisit the form and method of its traditional Restatements projects but also the extensive history of the deep mismatch between the Restatements and statutory domains that has informed the working of the enterprise over the course of the last century.

This Article explores the analytical and historical foundations of that mismatch and shows how the Restatement of Copyright reinforces the need to tailor a methodological template and perspective that is sensitive to the nature of statutory interpretation. It explains why perfunctory extension of the common law Restatement model to copyright law produces incoherent, misleading, and seemingly biased results that risk undermining the legitimacy of the eventual product. Finally, the Article explains how the mismatch between the two is capable of being remedied by a series of modest—yet significant—changes, which could allow the project to serve as a template for future statutory Restatements. These include: emphasizing the centrality of the statutory text and relevant interpretive sources, adopting crucial perspectival differences between incremental lawmaking and statutory interpretation, and highlighting the unique legislative process through which the statute was developed.
Retelling Copyright: The Contributions of the Restatement of Copyright Law
Authors: Fromer Jeanne C. , Silbey Jessica
Published: May 2021

The provisions at issue in the draft Restatement of Copyright Law on which ALI membership will vote at ALI’s upcoming annual meeting are central to copyright doctrine and have been the subject of numerous court decisions over the past several decades of technological and industry change: originality, fixation, categories of copyrightable subject matter, the idea-expression distinction, and authorship and ownership.  This abundance of legal activity on copyright law demonstrates the value to the profession of this project retelling copyright.  In contrast to the dramatic criticism of this Restatement project alleging political capture or illegitimate law reform, the draft’s provisions are routine and straightforward.  They will surprise no one and are almost boring in their adherence to and synthesis of the copyright statute and judicial interpretations of it. Far from being radical or ill-advised, the Restatement of Copyright Law is a reasonable and welcome addition to the work of the ALI.

Part I of this Article situates the current Restatement of Copyright Law in the historical context of other ALI projects, drawing parallels in their purposes, processes, and political tensions. Part II describes the controversy over a “retelling” of copyright law as misguided insofar as it fails to account for the practice of interpretation as part of the practice of law that is constrained by professional standards.  Part III describes the analysis and exposition of the provisions of the draft portions of the Restatement of Copyright Law presented to the ALI membership for discussion and vote this year as unremarkable but also beneficial, achieving the ALI’s goals of clarification and simplification of the sprawling federal case law interpreting and applying the 1976 Copyright Act.
Responding to Information Requests: The Case of Inscribed Object Checks
Authors: Frantz Kelly Katherine
Published: May 2021

This paper explores one way that participants use inscribed objects in their immediate environment as resources for interaction. In particular, it identifies and analyzes a type of embodied response turn found in information request sequences. The data come from a video recording of family members engaged in a joint cooking activity, where they are preparing an unfamiliar dish while following recipe instructions. In this setting, participants and inscribed objects hold varying levels of epistemic rights and access regarding the task at hand. This appears to have consequences for how the interaction unfolds. As participants ask questions about the recipe, respondents repeatedly employ a particular embodied practice of checking and reading aloud the recipe, which I call an inscribed object check. An analysis of this practice and its sequential variations shows how participants draw on verbal, embodied, and environmental resources to fill knowledge gaps made relevant by information requests when the knowledge lies within inscribed objects. The findings contribute to our understanding of the role that inscribed objects play in interaction, as well as how responses to information requests are managed in everyday settings when all participants are relatively unknowledgeable about the task at hand.
Not One Space for Y
Authors: Chawengwongsa Lynn
Published: May 2021

I see Y reading the comments her teacher left on her paper. She uses Google Translate to add perfectly spelled words clarifying a detail about her grandmother’s aspiration to become literate. At least this is how I imagine Y to have prepared her college essay. I have not met Y. But I am certain that she never expected her writing to be the focus of a teachers’ planning meeting.
The Role of Theory in L2 Empirical Research on Language Complexity, Accuracy and Fluency
Authors: Tsupa Yanina
Published: May 2021

This forum attempts to uncover the role played by theory in three empirical studies. To that end, in the sections that follow, I will begin with the review of literature on language complexity, accuracy, and fluency. Next, I will report on metric indices employed in the studies to measure the phenomenon of linguistic complexity and the results pertaining to grammatical and lexical complexity. Then I proceed with describing the status of theory in empirical research and the challenges research on CAF faces. The closing presents the discussion on how theory impacted the design of the empirical studies sampled for this paper.
Readers’ Credits for Volume 21, Issue 1 (2021)
Authors: Kim Peter
Published: May 2021

Studies in Applied Linguistics & TESOL (SALT) would like to thank the following individuals for reviewing the contributions for Volume 21, Issue 1 (2021)
COVID-19 in Senegal
Authors: Bertram Sydney
Published: May 2021

While many academics and popular journalists have recently addressed historical epidemics in the context of COVID-19, much of this literature concerns the history of former colonial powers rather than the history of formerly colonized states. This review finds that the French colonial regime frequently used disease as a means to exert increased political power over the people of the Senegal.  Primary sources, analyses of colonialism and disease in Senegal, and current popular media reveal that post-colonial successes in managing epidemic disease, when contrasted with colonial-era racialization of rampant disease, is likely shaping the Senegalese government’s response to the COVID-19 pandemic.
Workplace Violence Experienced by Nursing Staff at a Tertiary Hospital in Urban Nepal
Authors: Dhamala Bimala , Bhattarai Prithutam , Sharma Chandrakala , Thapa Shyam
Published: May 2021

Background: Healthcare workplaces are prone to the occurrence of violence of varying types and degrees. This study assessed the prevalence of violence experienced by nursing staff at a tertiary hospital in urban Nepal.

Methods: A self-administered, cross-sectional survey was distributed to the entire nursing staff (N=146) currently working at a large teaching hospital in Kathmandu. The types of violence ascertained included verbal abuse, general harassment, physical assault, and sexual violence. Descriptive and logistic regression were applied to the data analysis.

Results: General harassment was the second most commonly experienced; 44% reported having experienced it any time in the past; and 28% reported to have experienced it in the last 12 months. Overall, 68% of all the respondents reported having experienced any type of violence, and 47% reported having experienced it any time in the last 12 months. Compared to single nurses/respondents, married nurses were particularly more likely to experience violence.

Conclusion: Development of workplace standards, orientation for all staff members, and the establishment of an effective monitoring and enforcement system are needed to minimize workplace violence at the study site, and most likely elsewhere in Nepal as well.
İŞ KAZASI VE MESLEK HASTALIĞINDAN DOĞAN TAZMİNAT TALEPLERİNİN USÛL HUKUKUNUN BAZI KURUMLARI BAKIMINDAN DEĞERLENDİRİLMESİ
Authors: BOSTANCI Yalçın , ÇETİNEL Tunahan
Published: May 2021

İş sağlığı ve güvenliğinin amacı, iş kazası ve meslek hastalıklarını ortadan kaldırmak ya da olabildiğince azaltmaktır. Zira, iş kazası ve meslek hastalığı hem bireysel hem de kamusal birçok olumsuz sonuca neden olur. İşveren, iş kazası ve meslek hastalığının neden olduğu zararlardan kusuru oranında sorumludur. İşçi, bu zararların tazminini, işverenden talep edebilir. Bu çalışmada, söz konusu tazminat talepleri usûl hukuku bağlamında incelenmektedir. Bu çerçevede, usûl hukukuna ilişkin ilkeler, görevli ve yetkili mahkemeye ilişkin usûl hukuku kuralları, alternatif uyuşmazlık çözüm yöntemleri ve tahkim konuları ele alınmaktadır.
PITYRIASIS ROSEA GIBERT AND HERPES SIMPLEX – CLINICAL CASE
Authors: Korsantia NATO , KATSITADZE Aleksandre , Kiladze Nino , TSISKARISHVILI Nino , Tevzadze Maka , Adamashvili Natalia , Korsantia NINO
Published: May 2021

Pityriasis rosea (PR) is a dermatological disorder seen commonly in clinical practice. Despite its prevalence and benign nature, there are still times when this common disorder presents in an uncommon way or course posing diagnostic or management problems for the physician. The etiopathogenesis of PR has always been a dilemma, and extensive research is going on to elicit the exact cause. This review and case report focus mainly on the difficult aspects of this benign common disorder such as etiopathogenesis, atypical manifestations, recurrent cases, differential diagnosis and treatment.
ANTI-CANCER ACTIVITY OF CUMINUM CYMINUM: A REVIEW.
Authors: CHAUDHARI NIKHIL ARUN , SATHE NINAD
Published: May 2021

Jeeraka, commonly known as cumin (Cuminum cyminum Linn.) (Family: Umbelliferae), is a popular herbal plant in traditional ayurvedic medicine, which has since long used as antioxidant, gastric stimulant, anti-flatulence, anti-diarrheal, sprue, anthelmintic, galactagogue, diuretic, astringent, carminative. This plant is pharmacologically and clinically evaluated for various activities like antioxidant, aphrodisiac, antimicrobial, hepato-protective, and anti-inflammatory. It is promulgated to possess a wide range of many phytochemical constituents. The current review is presented to give a comprehensive account of all anti-cancer activities of cumin. It will be helpful to create interest towards cumin and may be useful in developing new and economical anti-cancer formulations with more therapeutic value. The part used of the selected plant is seed.
As per retrospective review cumin seed, its essential oil, ethanoic extract and 1Â­(2Â­Ethyl, 6Â­Heptyl) Phenol (EHP), a biologically active compound formerly extracted by benzene are found having anti-cancer activity against 13 different cell lines of various origins and 6 animal models. Also, it can be used as chemopreventive ingredient in the herbal anti-cancer formulation. Total 8 research articles, peer viewed research papers, abstracts and classical texts were reviewed.
BUROCRACIA E SISTEMAS DE INFORMAÇÃO: DESAFIOS E PERSPECTIVAS PARA ORGANIZAÇÕES PÚBLICAS E PRIVADAS
Authors: Albuquerque Catarina Rosa e Silva de , Bilar Alexsandro Bezerra Correia , Moura Flávia Fernanda da Silva
Published: May 2021

Os sistemas de informação têm desempenhado um papel importante no aperfeiçoamento dos processos organizacionais, seja em empresas privadas ou em instituições públicas. Entretanto, o binômio burocracia/tecnologia ainda é um desafio para muitas organizações. Este artigo, pautado por uma pesquisa qualitativa e de finalidade exploratória, buscou averiguar, através de uma revisão de literatura, as principais características, disfunções e relações existentes entre o modelo burocrático weberiano e os sistemas de informação no atual contexto organizacional. Constatou-se que o avanço da tecnologia da informação nos setores público e privado possibilitou não apenas a sofisticação de seus mecanismos de controle, mas também aprimorou seus processos de tomada de decisão frente aos complexos desafios e exigências de produtividade e de inovação impostos às organizações.Palavras-chave: Burocracia. Gestão organizacional. Tecnologia da informação.
UM ESTUDO SOBRE AS VARIÁVEIS QUE INFLUENCIAM NA EFICIÊNCIA DOS PREGÕES ELETRÔNICOS COMO FERRAMENTA DAS COMPRAS PÚBLICAS
Authors: Gomes Renato José de Sena
Published: May 2021

Este trabalho foi fruto de uma dissertação de mestrado em gestão pública e teve como foco o procedimento de compra estatal com a utilização de pregão eletrônico. Por meio de uma pesquisa quantitativa, buscou-se identificar variáveis que influenciam no cancelamento de itens na fase final do pregão. A revisão da literatura foi baseada em quatro temáticas: A licitação propriamente dita e o pregão eletrônico enquanto modalidade licitatória; As vantagens e desvantagens em utiliza-lo e a regressão logística. De caráter quantitativo, o estudo utilizou-se da regressão logística para analisar um grupo de 15 variáveis independentes em uma amostra de 550 observações de itens de consumo licitados por 10 universidades federais nordestinas. Concluiu-se que a demanda, o valor do produto e a relação entre a quantidade de itens no edital e o número de fornecedores, exercem forte e positiva influência sobre o resultado e que a utilização de Atas de registro de preços contribuem significativamente para o aumento da probabilidade de cancelamentos. Dentre as limitações do trabalho estão a não identificação de variáveis capazes de mensurar os efeitos do mercado e que avaliassem qualitativamente o instrumento convocatório. São sugestões para trabalhos futuros: Análise qualitativa do instrumento convocatório; Análise da correlação negativa da Ata de registro de preços sobre o resultado do Pregão; Até que ponto a metodologia de determinação do preço estimado é precisa.
COMBATE A INCÊNDIO NO ESTADO DE PERNAMBUCO: DO PIONEIRISMO AO “EMBRIÃO” INSTITUCIONAL
Authors: Corrêa Cristiano , Pedrosa Ivo Vasconcelos , Sena Getúlio , Rêgo e Silva José Jéferson Rêgo e Silva
Published: May 2021

Este artigo apresenta pesquisa que põe em pauta a criação do primeiro serviço de combate a incêndios no Estadode Pernambuco. Fundado durante o período de dominação holandesa, sendo em princípio, o primeiroserviço organizado de combate a incêndio do Brasil, evidenciado pelos documentos e registros históricos citados.Discorredo-se em seguida, quanto ao renascimento da tarefa de conter as chamas de forma sistemática,após a expulsão holandesa, ainda durante o Brasil Colônia Portuguêsa. Chega-se a criação da Companhiade Bombeiros do Recife, embrião do Corpo de Bombeiros Militar de Pernambuco, órgão responsável pelatarefa em dias contemporâneos.
AÇÕES DA GESTÃO DA INFORMAÇÃO E DO CONHECIMENTO NA PRÓ-REITORIA DE CONTABILIDADE E FINANÇAS DE UMA INSTITUIÇÃO DE ENSINO SUPERIOR DA PARAÍBA
Authors: Correia Thamirys De Sousa , Costa Ingrid Laís de Sena , Paiva Simone Bastos
Published: May 2021

O estudo teve como objetivo principal analisar as ações de gestão da informação e do conhecimento (GIC) que são identificadas na Pró-Reitoria de Contabilidade e Finanças de uma instituição de ensino superior pública, da Paraíba, bem como verificar se os processos de Gestão da Informação e do conhecimento (GIC) fluem de forma satisfatória. Para tanto, foi realizada uma discussão teórica acerca da Gestão da Informação e Conhecimento, bem como dos estudos correlatos no setor contábil. Como metodologia, pesquisa apoiou-se na metodologia de Gestão do Conhecimento desenvolvido por Bukowitz e Williams (2002), na qual foram aplicados questionários a cinco profissionais Contadores. Como resultados, foi verificado que quanto as sete categorias destacadas, cinco evidenciaram um nível de concordância maior que 50%, ou seja, é possível constatar uma certa consciência dos participantes do estudo no que tange aos fatores relevantes de uma boa Gestão do Conhecimento, e sua aplicação na instituição de ensino superior analisada. No entanto, as categorias Utilize e Aprenda apresentaram um percentual que não satisfaz a uma organização que examina suas bases de conhecimento.