558 research outputs found
Patterson v. McLean Credit Union: Preventing Backdoor Discrimination Actions or Closing the Door?
No full textThis recent United States Supreme Court decision interprets 42 U.S.C. § 1981 as not allowing an action for racial harassment during employment. This note examines the antecedent cases to Patterson along with Congressional actions which appear to indicate a lack of tolerance of racial discrimination in the public and private sectors. The author concludes that Patterson is a step in the wrong direction and calls into question the commitment of the United States Supreme Court to move in the direction of eliminating workplace distinctions based on the race of the worker
The process of devolution in the United Kingdom (development and comparison of the situation in Wales, Scotland and Northern Ireland)
No full textTato bakalářská práce se zabývá procesem devoluce ve Spojeném království. Cílem práce bylo zanalyzovat změny v politickém systému, které se v zemi odehrály poté, co byl koncept devoluce blíže představen v roce 1974 a následně pak zanalyzovat a srovnat míru devoluce ve Walesu, Skotsku a Severním Irsku. Autor se především zabýval událostmi po volbách v roce 1997, následnými referendy a vznikem jednotlivých autonomních regionálních institucí.Katedra politologie a mezinárodních vztahůObhájenoThis bachelor's thesis is concerned with the process of devolution in the United Kingdom. The objectives of this thesis were to analyse the particular changes the political system of the United Kingdom has undergone since the topic of devolution re-entered the political agenda in 1974, and to describe and compare the development of the process of devolution and its outcomes in Wales, Scotland and Northern Ireland. The author mainly focused on the course of events following the 1997 Labour victory in the general election
Correction: Septin 9 isoforms promote tumorigenesis in mammary epithelial cells by increasing migration and ECM degradation through metalloproteinase secretion at focal adhesions (Oncogene, (2019), 38, 30, (5839-5859), 10.1038/s41388-019-0844-0)
No full text© 2019, The Author(s), under exclusive licence to Springer Nature Limited. The original version of this Article contained an error in the author affiliations. Vladislav V. Verkhusha was incorrectly associated with the School of Mathematics, Statistics & Applied Mathematics, National University of Ireland Galway, Galway, Ireland. The correct affiliation is Anatomy and Structural Biology, Albert Einstein College of Medicine, Yeshiva University, Bronx, NY, USA
Copyright and Creativity: Authors and Photographers
No full textThe history of the occupations “author” and “photographer” provides an insightful perspective on copyright and creativity. The concept of the romantic author, associated with personal creative genius, gained prominence in the eighteenth century. However, in the U.S. in 1900 only about three thousand persons professed their occupation to be “author.” Self-professed “photographers” were then about ten times as numerous as authors. Being a photographer was associated with manufacturing and depended only on mastering technical skills and making a living. Being an author, in contrast, was an elite status associated with science and literature. Across the twentieth century, the number of writers and authors grew much more rapidly than the number of photographers. The relative success of writers and authors in creating jobs seems to have depended not on differences in copyright or possibilities for self- production, but on greater occupational innovation. Creativity in organizing daily work is an important form of creativity.occupations, authors, photographers, copyright law, economic history
Turner in the Trenches: A Study of How Turner v. Rogers Affected Child Support Contempt Proceedings
No full textIn its 2011 ruling in Turner v. Rogers, the Supreme Court held that a nonpaying child support obligor may not be incarcerated in a civil contempt proceeding if he did not have the ability to pay the ordered support or the purge necessary to regain his freedom. The Turner case arose in South Carolina, a state in which civil contempt proceedings are a routine part of the child support enforcement process. The author observed child support contempt proceedings in South Carolina both before and after the Turner decision to assess the extent to which indigent obligors were being held in contempt and incarcerated despite their apparent inability to make the court-ordered payments. Findings from this study confirm that incarceration of indigent child support obligors such as Mr. Turner was common in South Carolina prior to the Supreme Court’s decision, and indicate that judicial treatment of indigent child support obligors remained essentially the same after the Turner decision was handed down.
Turner did contribute to a reduction in the incarceration of indigent obligors in South Carolina, but this reduction was due to an administrative response to the decision rather than a judicial one. Pre-screening procedures that were promoted by the federal Office of Child Support Enforcement following Turner had the effect of averting judicial hearings for large numbers of indigent obligors, thus avoiding for those individuals any possibility of incarceration. Further reductions in the number of indigents going before the court should result from new OCSE regulations requiring steps to assure that child support awards more closely reflect obligors’ ability to pay, thus reducing noncompliance and contempt referrals
Eldred v. Reno: An Example of the Law of Unintended Consequences
No full textIn Eldred v. Reno the U.S. Court of Appeals for the D.C. Circuit held that the Copyright Term Extension Act (CTEA), which extends the copyright term for present and future works for twenty years, was a constitutional exercise of Congress\u27s copyright power. The CTEA thus puts an end (at least for two decades) to a policy in effect for more than two centuries, since the Copyright Act of 1790, that the copyright of a work expires at the end of a stated term defined at the time the copyright was granted. Since works were copyrighted annually, the policy meant that each year a certain number of copyrighted works entered the public domain, as the copyright terms ended seriatim. The mandate of the CTEA is that no copyrighted work in the United States will go into the public domain before year 2018. The Eldred case thus constitutes judicial approval of the legislative moratorium of the constitutional mandate that copyright protect the public domain, a policy in partial fulfillment of the fact that copyright, as the U.S. Supreme Court has repeatedly stated, is primarily to benefit the public, only secondarily to benefit the author (as copyright holder). Arguably, the CTEA serves the interest of no one except that of publishers (and other copyright holders) and their heirs
PESI - a taxonomic backbone for Europe
No full textThis is an open access article distributed under the terms of the Creative Commons Attribution License (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
The attached file is the published version of the article.NHM Repositor
French and English Relations in the Literature of Quebec
No full textI will be analyzing the relationship between the French speakers and the English speakers of Quebec and how it relates to the novel Les Têtes à Papineau. The author Jacques Godbout represents both of these languages through the main characters Charles and François who share one body but have very different characteristics. I will be discussing the Quebec Referendums which provide a historical background for which the book/paper was written. The cultural tension within the Quebecois community between English and French speakers is displayed in the literature and reflects the political realities within the region
Cataclysmic variables from a ROSAT/2MASS selection. I, Four new intermediate polars
No full textWe report the first results from a new search for cataclysmic variables (CVs) using a combined X-ray (ROSAT)/infrared (2MASS) target selection that discriminates against background active galactic nuclei. Identification spectra were obtained at the Isaac Newton Telescope for a total of 174 targets, leading to the discovery of 12 new CVs. Initially devised to find short-period low-mass-transfer CVs, this selection scheme has been very successful in identifying new intermediate polars. Photometric and spectroscopic follow-up observations identify four of the new CVs as intermediate polars: 1RXS J063631.9+353537 P(orb)similar or equal to 201 min, P-spin= 1008.3408 s or 930.5829 s), 1RXS J070407.9+262501 (P(orb)similar or equal to 250 min, P-spin= 480.708 s) 1RXS J173021.5-055933 (P-orb= 925.27 min, P-spin= 128.0 s), and 1RXS J180340.0+401214 (P-orb= 160.21 min, P-spin= 1520.51 s). RX J1730, also a moderately bright hard X-ray source in the INTEGRAL/IBIS Galactic plane survey, resembles the enigmatic AE Aqr. It is likely that its white dwarf is not rotating at the spin equilibrium period, and the system may represent a short-lived phase in CV evolution
Folsom v. Marsh and Its Legacy
No full textThe fair use doctrine has become so important in American copyright law that it is somewhat surprising to learn that the case credited with creating it, Folsom v. Marsh, was so poorly reasoned that it may be entitled to first place in the category of bad copyright decisions. The case was a bill in equity for copyright piracy, the style of which comes from plaintiff, Folsom, Wells and Thurston, printers and publishers, and defendants, Marsh, Capen and Lyon, booksellers.
If one of the characteristics of a bad legal decision is that it gives rise to a myth as to what the court in fact ruled, Folsom is at the top of the list. The myth is twofold. The first myth is that Folsom created fair use, when in fact it merely redefined infringement. The second myth is that Folsom diminished, and therefore fair use diminishes, the rights of the copyright owner. In fact, the case enlarged those rights beyond what arguably Congress could do in light of the limitations on its copyright power [FN3] and, indeed, fair use today continues to be an engine for expanding the copyright monopoly.
This is a large charge in light of the modern culture to the contrary, but analysis bears it out, and one begins the analysis with Folsom. The major factor in understanding Folsom is the scope of copyright when the case was decided, because whether fair use enlarged or diminished the rights of the copyright owner depends upon what those rights were before the fair use doctrine developed.
In 1840, the rights of copyright were available only for a book as it was published; another author could abridge or translate the book without infringing the copyright. Story, aware of both doctrines, acknowledged the abridgment doctrine in Folsom, and held that the defendant\u27s work was not an abridgment. He then proceeded to redefine infringement, which in his hands became any copying, duplicative or imitative, in whole or in part of the copyrighted work. This redefinition of infringement enlarged the copyright monopoly and became the basis for what was to become fair use.
There would be, of course, an anomaly in being concerned with a poorly reasoned judicial decision over a hundred years old, except that its impact continues today in unsuspected ways. Prior to Folsom, copyright could best be understood as a subset of public domain law in the form of a limited statutory monopoly; Folsom laid the groundwork for transforming copyright into a subset of property law as a natural law right. Since the law of which copyright is a subset is the source of copyright rules, the choice has important consequences. Whether copyright is a statutory monopoly or a proprietary right is significant for both copyright owners and users of copyrighted material. The former concept provides greater, the latter less, leeway for use by others, and this issue has assumed a new importance in light of communications technology by reason of which copyright holders may be able to control all access to copyrighted material, for example, in a computer database. Before proceeding with the nature of copyright, however, it will be useful to discuss the Folsom decision itself since it is better known for its supposed holding than its content
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