cometadata/datacite-rtg-text-other-reclassification-records huggingface dataset:
Shooting Fish in A Bliss Bucket
Creators: name: Shea, Allyson
Publisher: name: The Columbia Journal of Law & the Arts
Year: 2018

description: This Note argues that the art industry cannot sufficiently deter money laundering through self-regulatory measures and that an effective approach to combatting these crimes must begin with government oversight. Part I provides an overview of the qualities that make art an attractive market for money launderers and examines several common money laundering practices within the industry. Part II considers self-regulatory and governmental strategies that have recently been proposed as potential solutions to these problems. Part III argues that ultimately, focusing on targeted enforcement and deterrence through existing anti-money laundering laws offers the best approach to both preventing wrongdoing in the industry and ensuring the future stability of the market. Using the recent success of the Kleptocracy Asset Recovery Initiative as a model, I propose that the United States could make a focused effort to root out bad actors within this market and make the art industry less attractive to criminals.
description: The Columbia Journal of Law & the Arts, Vol. 41 No. 4 (2018)
Combining satellite altimetry and in situ observations to monitor transports of volume, heat, and salt in the Faroe Current
Creators: name: Hansen, Bogi
name: Larsen, Karin Margretha H.
name: Østerhus, Svein
Publisher: name: Zenodo
Year: 2019
Subjects: heat transport

description: Presentation given at the annual ASOF meeting held in Copenhagen 24-26. April 2019.
“Anything Goes”: Regulating the Conduct of Money-Bundling Broadway Co-Producers
Creators: name: Manella, David
Publisher: name: The Columbia Journal of Law & the Arts
Year: 2018

description: This Note will analyze industry concerns relating to the practice of granting above-the-title producer credit to individuals solely for contributing or bundling a share of a production’s capitalization, specifically by asking whether money-bundling Broadway co-producers are acting as unregistered broker-dealers in violation of applicable Security Exchange Commission (“SEC”) registration requirements. In Section I of this Note, I provide a history of Broadway producing models, so as to understand how today’s dominant model developed. In Section II, I unpack that model by describing the structure of theatrical investment vehicles and identifying the different types of Broadway producers. In Sections III and IV, I outline the applicable provisions of the Securities Act of 1933 (the “Securities Act”) and the Securities Exchange Act of 1934 (the “Exchange Act”), and in Section V, I apply the SEC’s four-factor “broker-dealer” test to the conduct of money-bundling Broadway co-producers, thereby isolating industry practices that might trigger registration requirements. Finally, in Sections VI through VII, I identify the potential consequences of using unregistered brokers and develop a list of recommendations that production companies can follow to avoid violating SEC registration requirements.
description: The Columbia Journal of Law & the Arts, Vol. 41 No. 4 (2018)
La evolución y su impacto en la economía de las trabajadoras domesticas en México
Creators: name: Guerrero, Sandra García
name: Briones, Rosa María Muñoz
name: Triana, Oralia Salcedo
name: Avitia, Sergio Solis
Publisher: name: DE IURE
Year: 2023

description: Este artículo analiza el concepto y los diferentes tipos de trabajo según la legislación mexicana; cómo se da la inclusión de la mujer en el sector laboral a lo largo de la historia.
Se determina que el trabajo doméstico es predominantemente realizado por mujeres, sin embargo existe una brecha salarial donde los pocos hombres que realizan este oficio reciben salarios más altos. Se realiza un estudio comparativo entre las leyes de México, España y Chile para determinar cuáles son las condiciones laborales que existen en estos países y qué puede adoptar México para mejorarla.
description: DE IURE, Vol. 5 Núm. 3 (2023): Volumen 5, Numero 3, Quinto año agosto 2023
A spatio-temporal stream temperature model for the southern Coast Mountains of British Columbia
Creators: name: Collins, Sierra
Publisher: name: University of British Columbia
Year: 2023

description: Stream temperature is an important water quality parameter, particularly as it influences thermal habitat suitability for a range of species. Despite stream temperature having such a vital role, stream temperature monitoring networks are sparse in many parts of the world, with few long-term records available. Empirical models are useful for estimating stream temperatures where no or limited data exist. Previous research shows that snow dynamics strongly influence stream thermal regimes in mountainous regions, yet few studies to date have incorporated the role of snowmelt in empirical stream temperature models, and no studies to date have used catchment snow cover from MODIS products as a predictor. The objective of this research was to explore the usefulness of fractional snow cover as a predictor of stream temperature in a spatio-temporal empirical model. The study focused on the southern Coast Mountains of British Columbia, where stream temperature data have been monitored for 124 sites, with records spanning one to four years between 2016-2022. Daily air temperatures were estimated for the locations using ECMWF Reanalysis v5 (ERA5). Daily time series of fractional snow cover in catchment areas were extracted from the MODIS snow cover product. Mean fractional snow cover for June of each year was calculated and used as a predictor in models for the following July to October to represent the thermal memory of snow cover. Exploratory analyses and application of fixed-effects models at individual sites supported the use of daily snow cover fraction as a predictor for April to June and mean June snow cover for the following months. Monthly spatio-temporal models that included additional catchment characteristics such as catchment area, relief, distance to coast, fractional lake cover, and fractional glacier cover were fit to the full dataset. Cross-validation suggested that the models performed well, with an overall RMSE of 1.28 °C, and monthly RMSE values ranging from 0.80-1.54 °C. This research supports advances in stream temperature modelling, which contributes to a better understanding of changing thermal regimes and thus aquatic habitat suitability.
Supplementary Tables and Figures from Perception of group membership from spontaneous and volitional laughter
Creators: name: Kamiloğlu, Roza G.
name: Tanaka, Akihiro
name: Scott, Sophie K.
name: Sauter, Disa A.
Publisher: name: The Royal Society
Year: 2021
Subjects: subject: Physiology
subject: FOS: Biological sciences
subject: 60801 Animal Behaviour

description: Supplementary Tables and Figures
The Shape of the Primordial Power Spectrum: A Last Stand Before Planck
Creators: name: Peiris, Hiranya V.
name: Verde, Licia
Publisher: name: arXiv
Year: 2009
Subjects: subject: Cosmology and Nongalactic Astrophysics (astro-ph.CO)
subject: FOS: Physical sciences

description: We present a minimally-parametric reconstruction of the primordial power spectrum using the most recent cosmic microwave background and large scale structure data sets. Our goal is to constrain the shape of the power spectrum while simultaneously avoiding strong theoretical priors and over-fitting of the data. We find no evidence for any departure from a power law spectral index. We also find that an exact scale-invariant power spectrum is disfavored by the data, but this conclusion is weaker than the corresponding result assuming a theoretically-motivated power law spectral index prior. The reconstruction shows that better data are crucial to justify the adoption of such a strong theoretical prior observationally. These results can be used to determine the robustness of our present knowledge when compared with forthcoming precision data from Planck.
description: 5 pages, 4 figures
Longitudinal Change in Adolescent Depression and Anxiety Symptoms from before to during the COVID‐19 Pandemic
Creators: name: Dennis‐Tiwary, Tracy A.
name: Flannery, Jessica
name: Mullins, Jordan L.
name: Ho, Tiffany C.
name: Larguinho, Tyler L.
name: Rote, Wendy M.
name: Dahl, Ronald E.
name: Telzer, Eva H.
name: Redcay, Elizabeth
name: Thomas, April Gile
name: Rose, Amanda J.
name: Becker, Stephen P.
name: Sweijen, Sophie W.
name: Barendse, Marjolein E.A.
name: Prinstein, Mitchell J.
name: Breaux, Rosanna
name: Langberg, Joshua M.
name: van de Groep, Suzanne
name: Teresi, Giana I.
name: Pfeifer, Jennifer H.
name: Crone, Eveline A.
name: Roy, Amy K.
name: Cavanagh, Caitlin
name: Aristizabal, Melissa
name: Michalska, Kalina J.
name: Nadel, Hanna
name: Porter, Blaire M.
name: Berger, Estelle
name: Dvorsky, Melissa R.
name: Killoren, Sarah E.
name: Dziura, Sarah L.
name: Magis‐Weinberg, Lucía
name: Campione‐Barr, Nicole
name: Church, Jessica A.
Publisher: name: Wiley
Year: 2022

description:
This study aimed to examine changes in depression and anxiety symptoms from before to during the first 6 months of the COVID-19 pandemic in a sample of 1,339 adolescents (9-18 years old, 59% female) from three countries. We also examined if age, race/ethnicity, disease burden, or strictness of government restrictions moderated change in symptoms. Data from 12 longitudinal studies (10 U.S., 1 Netherlands, 1 Peru) were combined. Linear mixed effect models showed that depression, but not anxiety, symptoms increased significantly (median increase = 28%). The most negative mental health impacts were reported by multiracial adolescents and those under 'lockdown' restrictions. Policy makers need to consider these impacts by investing in ways to support adolescents' mental health during the pandemic.
Breit-Wigner Enhancement of Dark Matter Annihilation
Creators: name: Ibe, Masahiro
name: Murayama, Hitoshi
name: Yanagida, T. T.
Publisher: name: arXiv
Year: 2008
Subjects: subject: High Energy Physics - Phenomenology (hep-ph)
subject: FOS: Physical sciences

description: We point out that annihilation of dark matter in the galactic halo can be enhanced relative to that in the early universe due to a Breit-Wigner tail, if the dark matter annihilates through a pole just below the threshold. This provides a new explanation to the "boost factor" which is suggested by the recent data of the PAMELA, ATIC and PPB-BETS cosmic-ray experiments.
description: 4 pages, 4 figures
Moral Rights: The Anti-Rebellion Graffiti Heritage of 5Pointz
Creators: name: Chused, Richard
Publisher: name: The Columbia Journal of Law & the Arts
Year: 2018

description: This essay proceeds in four sections. The journey begins with the site’s story. The first three sections explore in detail the history and development of 5Pointz and the contours of the moral rights litigation, which demolition of the buildings provoked. That is followed by a detailed review of the unsuccessful effort of the artists to obtain injunctive relief barring destruction of 5Pointz and an appraisal of the damages trial that occurred after the demolition. The final section presents a first effort to work through the propriety of various limitations on moral rights in the United States that affect graffiti and the best way to balance the interests of artists and building owners in the quickly changing world of street art.
description: The Columbia Journal of Law & the Arts, Vol. 41 No. 4 (2018)
Election Observations in Solomon Islands
Creators: name: Haley, Nicole
name: Zubrinich, Kerry
Publisher: name: Canberra, ACT : Coral Bell School of Asia Pacific Affairs, College of Asia and the Pacific, The Australian National University
Year: 2015

description: In November 2014, Solomon Islands conducted its ninth general election since independence. With accreditation from the Solomon Islands Electoral Commission and financial support from the Australian Government through the Department of Foreign Affairs and Trade, the State, Society and Governance in Melanesia (SSGM) program and the Centre for Democratic Institutions deployed 12 teams to undertake systematic observation, monitoring and assessment of the elections. Overall, the group comprised academics and professional staff from both programs, affiliated academics, and 60 locally engaged domestic observers.
Remedies, Enforcement and Territoriality
Creators: name: Schwartz, Eric J.
Publisher: name: The Columbia Journal of Law & the Arts
Year: 2018

description: Thank you to everyone at the Kernochan Center for inviting me to participate and for organizing this symposium. Like Sam Ricketson, I knew and was very fortunate to work with Jack Kernochan, and I am a better copyright lawyer because of him. As with all practicing attorneys, I begin with this caveat: the views I am expressing today are my own and should not be associated with or attributed to any of my clients. What I was asked to speak about on this panel are the challenges confronting authors, producers, and publishers on copyright enforcement, as well as what the treaties require and permit regarding enforcement. I will focus on five key points.
description: The Columbia Journal of Law & the Arts, Vol. 41 No. 3 (2018)
Superando la no analogía en materia penal.
Creators: name: Sataray Ramos, Luis Ruben
name: Aguilera Miranda, Agustin
name: Martinez Ponce, Ivan Noe
name: Rodriguez Valadez, Juan Manuel
name: Rodriguez Aguirre, Oscar Javier
Publisher: name: DE IURE
Year: 2023

description: Resumen:


 


En la aplicación del Derecho Penal, no siempre la conducta encuadra con los elementos que el tipo describe. En ocasiones, las circunstancias son tales que en esencia parecería una complejidad de encuadre de la conducta, dejando espacio a la “duda del encuadre” entre una u otra conducta; sin embrago, en ese rompecabezas llamado Derecho Penal, la pieza debe encajar a la perfección y no forzadamente, es decir, ante la claridad de los tipos, es o no la conducta tal que encuadra en la tipicidad del delito, alejándose, por principio Constitucional de la simple analogía. En efecto, esto se encuentra fundamentado en la Constitución Política de los Estados Unidos Mexicanos, que en la parte dogmática, como ya se adelantaba,  enuncia la prohibición de la analogía y mayoría de razón en el Derecho Penal. Sin embargo, para disminuir los índices de impunidad por causas de atipicidad, el Estado a través de delitos considerados como casos especiales o conductas equiparadas a superado la prohibición expresa contenida en el artículo 14 Constitucional, a saber : “Articulo 14: …En los juicios del orden criminal queda prohibido imponer, por simple analogía, y aún por mayoría de razón, pena alguna que no esté decretada por una ley exactamente aplicable al delito de que se trata.”[1]


Así, parar el caso que nos ocupa, iniciaremos con el análisis de la Conducta regulada en el artículo 322 del Código Penal del Estado, que enuncia un caso especial de robo calificado.


 


[1] CPEUM capitulo primero: de los derechos humanos y sus garantías.
description: DE IURE, Vol. 5 Núm. 3 (2023): Volumen 5, Numero 3, Quinto año agosto 2023
Scaling Laws of Turbulence and Heating of Fast SolarWind: The Role of Density Fluctuations
Creators: name: Carbone, V.
name: Marino, R.
name: Sorriso-Valvo, L.
name: Noullez, A.
name: Bruno, R.
Publisher: name: arXiv
Year: 2010
Subjects: subject: Space Physics (physics.space-ph)
subject: Fluid Dynamics (physics.flu-dyn)
subject: Plasma Physics (physics.plasm-ph)
subject: FOS: Physical sciences

description: Incompressible and isotropic magnetohydrodynamic turbulence in plasms can be described by an exact relation for the energy flux through the scales. This Yaglom-like scaling law has been recently observed in the solar wind above the solar poles observed by the Ulysses spacecraft, where the turbulence is in an Alfvénic state. An analogous phenomenological scaling law, suitably modified to take into account compressible fluctuations, is observed more frequently in the same dataset. Large scale density fluctuations, despite their low amplitude, play thus a crucial role in the basic scaling properties of turbulence. The turbulent cascade rate in the compressive case can moreover supply the energy dissipation needed to account for the local heating of the non-adiabatic solar wind.
Remedies, Enforcement and Territoriality
Creators: name: Mazziotti, Giuseppe
Publisher: name: The Columbia Journal of Law & the Arts
Year: 2018

description: I would like to start by thanking the Kernochan Center and all its members, in particular Jane Ginsburg, and also Rebecca Giblin, together with all the colleagues who have been involved in the conception of this Symposium. I am happy to be back after a few years: I was a Visiting Scholar at Columbia Law School in the academic year 2011 and I was very lucky to be invited to speak at the 2011 annual copyright symposium on collective rights management. I am happy to talk briefly about the implications of territoriality for online copyright enforcement measures. As it has been remarked earlier today, territoriality is a principle established indirectly in many ways by the Berne Convention.1 Territoriality also plays a central role for a number of copyright enforcement measures that have become extremely important for the creative sector in the digital environment.
description: The Columbia Journal of Law & the Arts, Vol. 41 No. 3 (2018)
Improving Women's Electoral Chances through an Evidence-Based Approach: Supporting Aspiring Women Candidates Better?
Creators: name: Barbara, Julien
name: Haley, Nicole
Publisher: name: Canberra, ACT : Coral Bell School of Asia Pacific Affairs, College of Asia and the Pacific, The Australian National University
Year: 2016

description: This is the second In Brief of a series of eight developed as background papers for a three-day workshop titled ‘Improving women’s electoral chances through an evidence-based approach’, hosted by the Centre for Democratic Institutions and the State, Society and Governance in Melanesia Program at the Australian National University in Canberra, June 2016. The In Briefs are designed to accompany the workshop synthesis report.
Improving Women's Electoral Chances through an Evidence-Based Approach: Metrics of Success - Improving Women's Electoral Prospects
Creators: name: Haley, Nicole
Publisher: name: Canberra, ACT : Coral Bell School of Asia Pacific Affairs, College of Asia and the Pacific, The Australian National University
Year: 2016

description: This is the fourth In Brief of a series of eight developed as background papers for a three-day workshop titled ‘Improving women’s electoral chances through an evidence-based approach’, hosted by the Centre for Democratic Institutions and the State, Society and Governance in Melanesia Program at the Australian National University in Canberra, June 2016. The In Briefs are designed to accompany the workshop synthesis report.
I compilatori giustinianei e i libri ad Vitellium di Paolo
Creators: name: Di Maria, Sabrina
Publisher: name: Cultura giuridica e diritto vivente
Year: 2019

description: [Justinian’compilers and Paul’s books ad Vitellium] This research is dedicated to the treatment of Paul’s books ad Vitellium by Justinian’s compilers. After a brief introduction, the Author analyzes two (within the legacy of usufruct) of the five decisiones placed in the title C. 3.33 “De usu fructu et habitatione et ministerio servorum”, in order to demonstrate that during the drafting of the so-called quinquaginta decisiones, Justinian’s compilers read, among the other materials of the classical jurists, also the books ad Vitellium, as a “monograph” on the matter of the testaments and in particular of the legacies. Then, the research focuses on a constitutio (again on the subject of usufruct) - which can be counted among the constitutiones ad commodum propositi operis pertinentes and also included in the aforementioned title of the Code - to emphasize that, during the work of the Digest, Paul’s books ad Vitellium often constituted the object of consultation by the commissioners, also at the instigation of the libri ad Sabinum.
description: Cultura giuridica e diritto vivente, V. 6 (2019)
Improving Women's Electoral Chances through an Evidence-Based Approach: Practical Strategies for Negotiating the Political Context
Creators: name: Haley, Nicole
Publisher: name: Canberra, ACT : Coral Bell School of Asia Pacific Affairs, College of Asia and the Pacific, The Australian National University
Year: 2016

description: This is the seventh In Brief of a series of eight developed as background papers for a three-day workshop titled ‘Improving women’s electoral chances through an evidence-based approach’, hosted by the Centre for Democratic Institutions and the State, Society and Governance in Melanesia Program at the Australian National University in Canberra, June 2016. The In Briefs are designed to accompany the workshop synthesis report.
From incoherence to synchronicity in the network Kuramoto model
Creators: name: Kalloniatis, Alexander C.
Publisher: name: arXiv
Year: 2009
Subjects: subject: Pattern Formation and Solitons (nlin.PS)
subject: Adaptation and Self-Organizing Systems (nlin.AO)
subject: FOS: Physical sciences

description: We study the synchronisation properties of the Kuramoto model of coupled phase oscillators on a general network. Here we distinguish the ability of such a system to self-synchronise from the stability of this behaviour. While self-synchronisation is a consequence of genuine non-perturbative dynamics, the stability in dynamical systems is usually accessible by fluctuations about a fixed point, here taken to be the synchronised solution. We examine this problem in terms of modes of the graph Laplacian, by which the absolute Lyapunov stability of the synchronised fixed point is readily demonstrated. Departures from stability are seen to arise at the next order in fluctuations where the dynamical equations resemble those for species population models, the logistic and Lotka-Volterra equations. Methods from these systems are exploited to analytically derive new critical couplings signalling deviation from classical stability. We observe in some cases an intermediate regime of behaviour, between incoherence and synchronisation, where system wide periodic behaviours are exhibited. We discuss these results in light of simulations.
description: 11 pages, 4 figures
Is Biometric Voter Registration the Way Forward for Melanesia?
Creators: name: Haley, Nicole
name: Zubrinich, Kerry
Publisher: name: Canberra, ACT : Coral Bell School of Asia Pacific Affairs, College of Asia and the Pacific, The Australian National University
Year: 2015

description: Recent experiences in Fiji and Solomon Islands provide examples of roll improvements supported by biometric technology, although the true costs and benefits associated with biometric voter registration (BVR) in Melanesia are yet to be established. Drawing on election observations undertaken by SSGM scholars in the context of the 2007 and 2012 PNG national elections and the 2014 Solomon Islands elections, this In Brief offers a somewhat sobering assessment of voter registration reforms in Melanesia.
Studies of evolved stellar populations : from giants to remnants
Creators: name: Ripoche, Paul
Publisher: name: University of British Columbia
Year: 2023

description: Studying galaxies helps scientists understand better the structure and history of the Universe. The properties of galaxies, such as their dynamics and evolution, can be inferred through studying the age, composition, and distribution of the different stellar populations (from young stars to their remnants) that constitute them, using multi-wavelength observations. In this thesis, we focus on the study of old stellar populations and their remnants, from X-rays to the near infrared. Superconducting transition-edge sensors carried by X-ray telescopes, such as Colibrì, are powerful tools for the study of neutron stars’ and black holes’ fundamental properties. We develop a low-computational-cost technique that optimizes energy and time resolution to levels of about 1 eV and 100 ns, respectively, over a wide range of energies (0–30 keV). Such sensitivities will give new insights on the physics of dense matter and extreme magnetic fields. Using 2MASS near-infrared photometry and the Gaia Data Release 2, we identify carbon stars in the Large Magellanic Cloud, Small Magellanic Cloud and Milky Way (MW), and we derive the corresponding carbon-star luminosity function (CSLF). Due to its limited dispersion in the J band, the CSLF is a promising rung in the cosmic distance ladder (up to 50–60 Mpc). Thanks to the next generation of telescopes (e.g. James Webb Space Telescope), the CSLF could replace the Cepheid–Type-Ia supernova pair rung, thus enabling the derivation of an independent measurement of the Hubble constant. We identify galactic white dwarfs (WDs) thanks to their colours, in the Canada-France-Hawai‘i Telescope Large Area U-band Deep Survey, at unprecedented faint magnitudes (27 mag). The U-band and optical photometry allows us to fit for the physical properties of the white dwarfs, such as surface temperature, mass, surface gravity, cooling age, and distance. We find a main mass peak consistent with globular-cluster studies, making our sample the largest and deepest old stellar-halo WD population. Finally, we derive a typical age of the MW stellar halo consistent with previous studies, as well as the typical age of the oldest WDs in the MW, putting further constraints on the history of our Galaxy.
Expanding the Spectrum: Open Access and the Internet Age
Creators: name: Spelman, Kate
Publisher: name: The Columbia Journal of Law & the Arts
Year: 2018

description: I speak to you as a practitioner, someone who has represented clients on both ends of the spectrum of copyright. This spectrum has at one end a closed, more traditional, proprietary model of copyright, and, at the other end of the spectrum an open, more collaborative based model of copyright. And in between those ends there are many intermediate positions. Our future will include copyright activity on the whole length of that spectrum between the open and proprietary ends. I have represented clients, I suspect, on each and every point now known on that spectrum, from big publishers down to creators and academics and nonprofits wanting to play in the “open” paradigm. How many of us have shadow currencies? This issue of shadow currency is important because the nonmonetary values are at the core of the open movement. And the shadow currencies I direct your attention to include airline points—how many of you have paid more money out of pocket than the discount bargain fare for an airfare because you wanted to obtain those miles that the cheaper bargain fare did not offer? Or how many of you are members of Amazon Prime because there is a thrifty part of you that is willing to pay a premium for the product on Amazon so that you feel like you are getting shipping for free? Today, I am going to focus on two shadow currencies as analogous to the incentive of the open copyright end of that spectrum. One is reputational currency. I would propose that reputational currency is a shadow currency in the copyright world. We know that for many authors and other expressive artists, the attribution is the reputational currency, which motivates as a currency to create the work. And I would say the second large motivating shadow currency is the speedy advancement of larger goals. Specifically, the shadow currency in this instance is the satisfaction and meaning that comes with participating in a project that is successful because everyone is working in collaboration for a larger community benefit. Wikipedia participation includes such a shadow currency.
description: The Columbia Journal of Law & the Arts, Vol. 41 No. 3 (2018)
Topological and Curvature Effects in a Multi-fermion Interaction Model
Creators: name: Inagaki, Tomohiro
name: Hayashi, Masako
Publisher: name: arXiv
Year: 2010
Subjects: subject: High Energy Physics - Phenomenology (hep-ph)
subject: FOS: Physical sciences

description: A multi-fermion interaction model is investigated in a compact spacetime with non-trivial topology and in a weakly curved spacetime. Evaluating the effective potential in the leading order of the 1/N expansion, we show the phase boundary for a discrete chiral symmetry in an arbitrary dimensions, $2\leq D<4$.
description: 7 pages, 6 figures, Contribution to the proceedings of 2009 Nagoya Global COE Workshop "Strong Coupling Gauge Theories in LHC Era (SCGT09)"
Facilitating Transactions and Lawful Availability of Works of Authorship
Creators: name: Tryggvadóttir, Rán
Publisher: name: The Columbia Journal of Law & the Arts
Year: 2018

description: The importance of providing access to the cultural heritage1 is widely accepted. Digital technology has supplied powerful new tools to reproduce and disseminate works and at the same time has transformed the demands and expectations of end-users.2 Nevertheless, there are several issues that cultural heritage institutions (“CHIs”) must resolve in order to maintain their role of preserving and disseminating cultural heritage in the digital age. Although some of those issues are budgetary rather than legal,3copyright is obviously a key consideration in the digital use of in-copyright works by CHIs. The largest copyright challenge for CHIs is the process of identification of right holders of copyright and clearance of rights, i.e. obtaining authorization or licenses for use of in-copyright works. Stakeholders do not agree how best to facilitate CHIs in their important cultural role. Some advocate the establishment of legal exceptions whereas others favor licenses. My starting assumption is that, given the impact of online use, licensing is a more appropriate and flexible tool than exceptions. However, obtaining individual licenses for the use of in-copyright works held by CHIs is complicated, time-consuming, and costly, in particular for cross-border online use.4 Thus individual licensing is not a practical solution for CHIs except for the use of a few well-defined works. Even collective licensing does not fully solve the licensing issue because no collective management organization (“CMO”) has mandates from all right holders in a given field.5 Hence, I propose that the solution is to be found through collective licenses with legislative support, such as the system of extended collective licenses (“ECL”).6 In this essay I will start by giving a brief account of the main strands which constitute an extended collective license in the Nordic countries, where it was first developed.7 I will describe two examples where ECLs have been used to facilitate access to the cultural heritage, in Norway and Finland respectively. I will also discuss the compatibility of the system with international norms, in particular the Berne Convention,8 and finish with some reflections on challenges and benefits of the system of ECLs in facilitating access to cultural heritage.
description: The Columbia Journal of Law & the Arts, Vol. 41 No. 3 (2018)
Elaboración de Patrones espirométricos normales en niños uruguayos mediante modelos GAMLSS
Creators: name: Álvarez-Vaz, Ramón
name: Palamarchuck, Pablo
name: Ria{\~n}o, Eugenia
name: Alvarez-Vaz, Ramón
name: Riaño, Eugenia
Publisher: name: Zenodo
Year: 1970

description: En un estudio sobre valores de espirometría es necesario identificar un modelo que permita caracterizar curvas percentilares de respuesta espirométricas por edad, sexo y demás características individuales de los participantes.
El presente estudio está siendo llevado adelante por un grupo de investigadores del Centro Hospitalario Pereira Rossell, teniendo como población ni\~nos de 6 a 12 años, de escuelas públicas y privadas de Montevideo y del interior del país.En este documento se han utilizado los datos basados en una muestra de aproximadamente 450 niños que, al ser incompleta, no permite determinar la tasa de no respuesta y eventuales sesgos de selección. Aquíi se presentan los resultdos preliminares , obtenidos mediante métodos de remuestreo, acerca de la identificación de varias familias de distribuciones paramétricas como posibles alternativas para la modelización de las las variables de respuesta.
El principal objetivo del estudio es identificar los modelos GAM (General Additive Models) y GAMLSS (Generalized Additive Models for Localization, Scale and Shape), que son un conjunto de modelos de regresión semi-paramétricos que permiten trabajar con una gran cantidad de distribuciones para las variables de respuesta, de tipo discreto, continuo y mixto, con la ventaja de poder considerar distribuciones que presentan censura o truncamiento. Esta clase de modelos se usa en datos de tipo longitudinal, particularmente en las curvas de crecimiento en humanos.
Las Técnicas empleadas y su implementación mediante el software R, serán ejemplificadas a través del análisis de la variable de respuesta CVF
Relative entropy of entanglement of rotationally invariant states
Creators: name: Wang, Zhen
name: Wang, Zhixi
Publisher: name: arXiv
Year: 2008
Subjects: subject: Quantum Physics (quant-ph)
subject: FOS: Physical sciences

description: We calculate the relative entropy of entanglement for rotationally invariant states of spin-1/2 and arbitrary spin-$j$ particles or of spin-1 particle and spin-$j$ particle with integer $j$. A lower bound of relative entropy of entanglement and an upper bound of distillable entanglement are presented for rotationally invariant states of spin-1 particle and spin-$j$ particle with half-integer $j$.
description: 13 pages, 3 figures
Compulsory Licensing and Administrative Procedures in Canada
Creators: name: Vancise, The Honorable William J.
Publisher: name: The Columbia Journal of Law & the Arts
Year: 2018

description: I have been asked to participate at this Symposium as past Chair of the Copyright Board of Canada (“the Board”). For over a decade, I presided over the Board’s proceedings to set tariffs on the use of copyrighted material. Although I am not an expert in intellectual property, I was fortunate to hear and decide cases including the transmission of music on the Internet, interpretation of the blank media levy, making available right, and fair dealing disputes surrounding licensing for educational institutions. The Board decides more copyright issues than any other court or tribunal in Canada. I propose to deal with the Canadian experience administering copyright with several compulsory or statutory licensing schemes. There are at least three kinds of “compulsory” licensing regimes in Canada: (1) the private copying levy on blank recording media; (2) the process of issuing licenses for “unlocatable copyright owners”; and (3) the mandatory filing of tariffs for the public performance or communication of music.1
description: The Columbia Journal of Law & the Arts, Vol. 41 No. 3 (2018)
The SAURON project XVI: On the Sources of Ionisation for the Gas in Elliptical and Lenticular Galaxies
Creators: name: Sarzi, Marc
name: Shields, Joseph C.
name: Schawinski, Kevin
name: Jeong, Hyunjin
name: Shapiro, Kristen
name: Bacon, Roland
name: Bureau, Martin
name: Cappellari, Michele
name: Davies, Roger L.
name: de Zeeuw, P. Tim
name: Emsellem, Eric
name: Falcon-Barroso, Jesus
name: Krajnovic, Davor
name: Kuntschner, Harald
name: McDermid, Richard M.
name: Peletier, Reynier F.
name: Bosch, Remco C. E. van den
name: Ven, Glen van den
name: Yi, Sukyoung K.
Publisher: name: arXiv
Year: 2009
Subjects: subject: Cosmology and Nongalactic Astrophysics (astro-ph.CO)
subject: FOS: Physical sciences

description: Following our study on the incidence, morphology and kinematics of the ionised gas in early-type galaxies we now address the question of what is powering the observed nebular emission. To constrain the likely sources of gas excitation, we resort to a variety of ancillary data, draw from complementary information on the gas kinematics, stellar populations and galactic potential from the SAURON data, and use the SAURON-specific diagnostic diagram juxtaposing the [OIII]/Hb and [NI]/Hb line ratios. We find a tight correlation between the stellar surface brightness and the flux of the Hb recombination line across our sample, which points to a diffuse and old stellar source as the main contributor of ionising photons in early-type galaxies, with post-asymptotic giant branch (pAGB) stars being still the best candidate based on ionising-balance arguments. Other ionising sources such as a central AGN, OB-stars, shocks or the interaction between the hot and warm phases of the interestellar medium are found to play only a limited or localised role in powering the diffuse nebular emission observed in our sample galaxies. These results lead us to investigate the relative importance of stellar and AGN photoionisation in explaining the ionised-gas emission observed in early-type galaxies by the Sloan Digital Sky Survey (SDSS). By simulating how our sample galaxies would appear if placed at further distance and targeted by the SDSS, we conclude that only in very few, if any, of the SDSS early-type galaxies that display modest values for the equivalent width of the [OIII] line (less than ~2.4Å) and LINER-like [OIII]/Hb values, the nebular emission is truly powered by an AGN.
description: Accepted for publication in MNRAS. 24 pages, 17 figures. A version with full resolution figures is available at http://star-www.herts.ac.uk/~sarzi/Publications/Sarzi_09_SauronXVI.pdf
Facilitating Transactions and Lawful Availability of Works of Authorship: The U.S. Perspective
Creators: name: Kasunic, Robert J.
Publisher: name: The Columbia Journal of Law & the Arts
Year: 2018

description: As Associate Register of Copyrights and Director of Registration Policy and Practice at the United States Copyright Office, a significant part of my role is to be an advocate for formalities within the limits of the Berne Convention. I realize that many view registration, recordation, and other formalities as obstacles to authors. However, such formalities need not be impediments, but rather may offer valuable benefits to authors, owners, and the overall copyright ecosystem without unduly burdening creators.
description: The Columbia Journal of Law & the Arts, Vol. 41 No. 3 (2018)
Practice theory and its application to parenting: A scoping review of evidence (protocol)
Creators: name: McLean, Caitlan
name: Slack-Smith, Linda
name: Ward, Paul
Publisher: name: Open Science Framework
Year: 2022
Subjects: subject: Sports Studies
subject: Public Health
subject: Medicine and Health Sciences
subject: Social and Behavioral Sciences
subject: Sociology
subject: FOS: Sociology
subject: parenting
subject: Practice based approaches
subject: practice theory
subject: scoping review

description: The objective of this scoping review is to identify methodologies, methods, research design and analytical tools used within practice-based research on parenting. An improved understanding of how practice theory has been used in research with parents will support further research in the area aimed at lasting behaviour change outside of individualistic methodologies.
Copyright Reversion in The Creative Industries
Creators: name: Towse, Ruth
Publisher: name: The Columbia Journal of Law & the Arts
Year: 2018

description: The European Commission proposal to harmonize fair remuneration in Member States in EC “on copyright in the Digital Single Market” included the proposal to harmonize a right to contract reversion. Fair remuneration is an ambiguous concept for economists: some EC documents imply the policy is required for efficiency purposes, and in others, purely for equity reasons. Copyright to an extent attempts to deal with both and also at times confuses the two. This article tries to disentangle these issues. Research commissioned by the European Union (the “EU”) prior to the proposal concentrated on the legal aspects rather than on the impact on markets. It would have benefitted from recent work in law and economics and in economics on reversionary rights as well as to a well-established body of research in cultural economics on labour markets of authors and performers in the cultural and media industries. That work shows both the variety of influences on motivation, incentives and contracts for creators, as well as exposing the difficulties of empirical research in this area. The article discusses work that has been done in economics dealing with copyright contracts and with reversion and considers the contribution studies on labour markets in the creative industries could make to the policy proposals on fair remuneration for creators and performers.
description: The Columbia Journal of Law & the Arts, Vol. 41 No. 3 (2018)
Foreign Authors’ Enforcement of U.S. Reversion Rights
Creators: name: Ginsburg, Jane C.
Publisher: name: The Columbia Journal of Law & the Arts
Year: 2018

description: Thank you to all of the participants, and especially the first two panelists, for setting one part of the scene. I am going to talk about the United States’ termination right and some Berne and private international law consequences or implications of the termination right. First, however, I’d like to advert to the two goals Rebecca Giblin referenced in her talk. One is remuneration, the other is dissemination. Author-protective laws in other countries also address dissemination. As Séverine Dusollier mentioned, a number of national laws include an obligation to exploit the work: if the publisher does not exploit the work, the rights revert to the author. In the United States, the contractual out-of-print clause serves that purpose, but the out-of-print clause is a matter of private ordering. It has to be activated by the author and publishers lately have contended that as a result of print-on-demand, the work never goes out of print. If the book is available in the catalog, and somebody at some point wants a copy, then the publisher can provide that copy. Out of print clauses in the digital environment therefore, some publishers would argue, make no sense. Mary Rasenberger accordingly mentioned some of the attempts of the Author’s Guild to push back against the disappearance of the out-of-print clause. The rest of my remarks will concern remuneration, rather than dissemination. As both Martin Senftleben and Séverine Dusollier pointed out, there exists a disparity in bargaining power: authors generally are the weaker party. Two broad techniques seek to remedy this problem. Previous speakers have addressed one of them, intervention by national laws with respect to the amount that the author gets paid, and with respect to the scope of the grant. Thus, in some countries, as Séverine Dusollier mentioned, the law prohibits the author’s grant of modes of exploitation unknown at the time of the contract. These laws effectively reserve new technology rights to the author. Other national laws require additional remuneration for new modes of exploitation, or for “bestsellers” whose authors’ remuneration becomes excessively disproportionate to the grantees’.
description: The Columbia Journal of Law & the Arts, Vol. 41 No. 3 (2018)
More Money for Creators and More Support for Copyright in Society—Fair Remuneration Rights in Germany and the Netherlands
Creators: name: Senftleben, Martin
Publisher: name: The Columbia Journal of Law & the Arts
Year: 2018

description: The current copyright system is intended to provide an incentive for authors to invest more time and effort in the creation of literary and artistic works (utilitarian argument), recognize the acquisition of a property right as a result of creative labour (natural law argument) and enhance authors’ freedom of expression by offering a source of income that is independent of patronage and sponsorship (free expression argument).1 These arguments may be combined with considerations of industry policy, such as the growth of the creative and telecommunication industries, and the creation of jobs in these industries.2 The basis of all these lines of reasoning, however, is the individual creator. Without the constant efforts of creators, there would be no new literature and art to fuel the publication and dissemination machinery of the industry. A focus on the income situation of the individual creator also ensures the acceptance of copyright law in society. It adds social legitimacy. Who would be against remunerating authors for the time and effort spent on the creation of a new work? There is thus substantial reason to explore legislative measures seeking to ensure that copyright law generates not only a sufficient return on investment for the creative industries but also a decent income for individual creators. With specific copyright contract rules that guarantee a right to fair remuneration, the legislation in Germany and the Netherlands is particularly advanced in this respect. Hence, the question arises: what lessons can be learned from German and Dutch experiences? After a short introduction that refers to recent E.U. initiatives in this area, the following analysis will show that the issue of a fair remuneration for creators has a worldwide dimension. In light of the rationales of copyright protection in continental-European and Anglo-American copyright systems, it becomes clear that the high level of protection that has been reached in both legal traditions and at the international level only appears legitimate if individual creators receive an adequate remuneration for their work.3 Fair remuneration is a universal, worldwide concern (Section I). Against this background, the analysis sheds light on the practical effects of the legislation in Germany and the Netherlands (Section II) and leads to general guidelines for the improvement of the income situation of creators (Section III).
description: The Columbia Journal of Law & the Arts, Vol. 41 No. 3 (2018)
Adjusting The Dress Code: Implementing Trade Dress Reform to Burgeon User Experience (UX) Protections
Creators: name: Slamowitz, Charles Lee Israel
Publisher: name: The Columbia Journal of Law & the Arts
Year: 2018

description: This article addresses the fundamental gaps in intellectual property protections plaguing the User Experience (UX). UX is the field of focus on user interactivity with interface displays. Numerous mobile and computer applications—including Facebook, Snapchat, and Uber—blatantly engage in the copying of one another’s UX, with de minimis legal repercussion. An exception within trade dress, the sua sponte “UX Exception,” is proposed as one of the most viable solutions to bridge the ever expanding disconnect between UX’s preeminence and inadequate legal protections.
description: The Columbia Journal of Law & the Arts, Vol. 41 No. 1 (2018): The Emerging Technologies Issue
Extreme Winds in the New European Wind Atlas
Creators: name: Gottschall, Julia
Publisher: name: Zenodo
Year: 2019

description: The presentation gives a summary of what the NEWA final wind Atlas product will provide in terms of extreme winds. 50-year winds defined according to IEC 61400-1 are estimated from the time series data of the mesoscale wind data. In order to counteract the occurring smooting effect, a modified Spectral Correction Method is applied. Details about the procedure and its validation for a few selected sites were already published in Bastine et al. (in: IOP Conf. Series: Journal of Physics: Conf. Series 1102, 2018, doi: 10.1088/1742-6596/1102/1/012006).
LEO-Transfer News: Finanzielle Grundbildung gering literalisierter Erwachsener am Beispiel Online-Banking
Creators: name: Grotlüschen, Anke
name: Buddeberg, Klaus
name: Skowranek, Kristin
name: Dutz, Gregor
Publisher: name: Universität Hamburg
Year: 2023
Subjects: Finanzielle Grundbildung
Literalität
Finanzielle Praktiken
Online-Banking

description: In dieser Reihe stellen wir verschiedene Kapitel aus einer interdisziplinären Publikation vor, die auf Daten der LEO Studie 2018 – Leben mit geringer Literalität basiert. Band 14 der Edition ZfE „Interdisziplinäre Analysen zur LEO-Studie 2018 – Leben mit geringer Literalität. Dieser Beitrag stellt Ergebnisse aus dem Kapitel „Finanzielle Grundbildung gering literalisierter Erwachsener – exemplarische Analyse der Nutzung von Online-Banking“ von Klaus Buddeberg, Ewelina Mania, Josef Schrader und Monika Tröster vor.