1,720,978 research outputs found
All Your Air Right Are Belong to Us
Get PDFPrivacy and property rights are tricky subjects for a variety of reasons. One reason is that they have a unique relationship with each other, and this Article focuses on one of those areas of intersection – that of air rights and invasion of privacy. This is a timely topic due the advent of drones, and this Article will argue that drone surveillance constitutes common law trespass and that any statute or regulation that permits such activity is in derogation of common law and so should be subject to particularly careful thought and consideration.
This is not as straightforward a thesis as one might perhaps think because both property and privacy rights have a murky past and have gone through iterative formulations as society has sought to achieve the right balance between the public and private spheres. Privacy has historically focused on expectations of privacy, and property rights have traditionally provided such expectations, but the legally recognized nature of each has not changed over time to keep pace with technological innovation. This has led to a situation where the kinds of rights and causes of action that have traditionally protected individuals no longer suffice in a variety of circumstances.
In particular, the use of drone technology to engage in sophisticated surveillance presents significant challenges our existing legal framework. Part I of this Article examines the history of privacy law in some detail, and Part II does the same with respect to the common law of airspace property rights. When these two areas of the law are examined in tandem, it becomes apparent that drone surveillance violates rights that society generally wants to protect and that society has historically protected. That protection, however, is now lacking. There is some reason for the failure of the law to keep up with this type of new technology, and Part III examines the historical “aircraft exception” that many may now believe justifies the law’s acquiescence in the face of drone surveillance. Ultimately, though, this Article concludes that this common law exception is not applicable to drones and that, as such, the law should adapt to protect the public from drone surveillance. Part IV concludes this analysis by making a number of recommendations that state and federal legislatures and various administrative agencies would do well to consider when passing laws and promulgating rules regarding drone technology
Our Court Masters
Get PDFI. Introduction
II. The Gun or the Salute
III. The Limits of Volunteerism
IV. Different Views of How Courts View Their Role ... A. The Dynamic Court View and the Constrained Court View of the Courts ... B. All Views Eventually Answer to Society
V. When Courts Exceed Perceived Social Norms, They Risk Their Own Legitimacy ... A. The Resistant Psychology of Contrary Directives ... B. Examples of Courts Stretching Social Norms ... C. Legitimacy Undermined: The Fallout of Stretching Social Norms ... D. A Contemporary Narrative
VI. Conclusio
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
Think Twice: Charging Orders and Creditor Property Rights
Get PDFWhat do you do? As a lawyer (or prospective lawyer), I mean – what do you do (or what will you do) in exchange for a salary or hourly fee? You will probably be expecting a lot of money for your services; so what, exactly, is it that you will do to justify that payment?
The answer, of course, is varied because lawyers do lots of different things. And, among these activities, there are some things that only lawyers can do. Chief among those is suing people. Suing people is something that only lawyers do because states do not generally permit non-lawyers to appear in court or file pleadings. Accordingly, doing so – whether in pursuit of injunctive relief, declaratory relief, or a monetary remedy – is a significant part of the current legal market. Indeed, it is the professional focus of the many lawyers who practice commercial litigation or who perform collections work. In these areas of the law, lawyers sue people in an attempt to validate their clients’ rights and causes of actions with a money judgment.
So what you do very likely comes down to getting money. This is not novel, of course: many people spend their time arguing about, dealing with, or negotiating over money. What is somewhat unique, however, is just how clean and abrupt a lawyer’s role is in this context: your job is (or will be) to take property belonging to someone else and convert it into property belonging to your client – in other words, to create a property interest for your client.
Creditors have a unique ability in our legal system to acquire property rights in assets belonging to debtors. This paper examines these “creditor property rights,” in general, and those granted to creditors of debtors that own interests in partnerships, limited partnerships, and limited liability companies, in particular. More specifically, this paper examines charging orders – the redress granted to a creditor vis-à-vis a debtor’s interest in a partnership entity – and argues that this remedy is a much more significant, useful, and choate right than is generally acknowledged by either the academy or the bar.
Part I begins this examination by looking at the history of creditor property rights and the manner in which they have developed over the years, culminating in our current system, which allows creditors to “convert” debtor property to creditor property via execution. This redress represents the ultimate creditor right, but it does not stand alone. Rather, the courts have fashioned a number of remedies that grant to creditors a “partial” property right. Of chief interest here is the charging order, which is reviewed in detail in Part II. Therein, the function, history, and evolution of this remedy from its inception is explained. The charging order initially developed in the partnership context, in response to a perceived unfairness existing when a creditor gained unfettered rights in the partnership interest of a debtor-partner and the partnership’s underlying assets. Based on this inequity, the courts granted creditors a provisional right in partnership property (a “quasi” property right) by permitting the creditor to intercept certain distributions that would otherwise flow from the partnership to the partner but prohibiting any interference with the partnership itself. The remedy quickly spread to limited partnerships and was incorporated into LLC law from its inception. This is particularly important given the explosive popularity of the LLC over the last thirty-five years and the fact that the charging order – and its attendant limitation on creditors (whether real or perceived) – has had an enormous effect on planning, on transactional work, and on litigation in general.
Part III expands upon Part II’s examination of the charging order remedy and argues that that creditors of partnership entity owners are not as limited as is widely believed and that the perception of the charging order as an effective barrier to collection is exaggerated. Part III focuses on the underlying purpose of creditor property rights and charging orders and analyzes the language of some of the statutes that create the charging order remedy. By placing charging orders in their proper context (as a type of creditor property interest) and by focusing on actual statutory language, this Part highlights the options available to holders charging orders. These options are substantial and should be more aggressively utilized by courts and lawyers. If that occurs, the charging order will assume a more rightful place in the hierarchy of creditor rights and afford much greater creditor protection than they presently do.
The Article concludes, then, that most lawyers’ belief that a charging order effectively precludes creditor recovery is significantly overstated and that, given the extraordinary prevalence of partnership entities today, this is an important point that lawyers, teachers, and students overlook at their own peril
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