1,721,045 research outputs found

    Internet responsibility, geographic boundaries, and business ethics

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    The mind of the superior man is conversant with righteousness; the mind of the mean man is conversant with gain

    Poverty and Financial Regulation: Socioeconomic Human Rights in the Obama Era

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    By adopting sensible economic policies over the past several decades, Germany and Japan have reduced their unemployment rates without sacrificing the health or financial well-being of their populations. Japan\u27s unemployment rate is less than 5%, and Germany\u27s is less than 7.5%, while the U.S. rate [at the time of this writing-2012] is over 9%. Their legal tools for achieving these levels include: ( 1) consideration of the interests of workers when executives plan mass layoffs, and direct action to create jobs; (2) creation of a healthy and well-educated workforce; ( 3) preservation of an industrial base that in- . eludes a vibrant manufacturing sector, by shifting many of the costs of supporting workers and their families from employers onto the government; and ( 4) taxation of goods and services imported from abroad, rather than mainly taxing domestic but not foreign producers\u27 incomes. Author updated from version originally published in Poverty & Public Policy, 3.3 (2012).https://ecollections.law.fiu.edu/faculty_books/1219/thumbnail.jp

    Going Beyond Counting First Authors in Author Co-citation Analysis

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    The 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

    Pirates of the Information Infrastructure: Blackstonian Copyright and the First Amendment

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    Copyright law's expansion must be analyzed from the standpoint of the comparative history and philosophy of exclusive rights in lands on the one hand, and in creative expression on the other. Expansion is driven by the persistence of a particularly influential mode of discourse about property rights from the English Enclosure Movement of the seventeenth and eighteenth centuries down to the Internet copyright debates of the 1990s. The duration and breadth of copyright have been extended to economically dubious and arguably unconstitutional lengths. At each new incursion into the intellectual commons, substantially the same dual-pronged justification has been brought to bear, combining a one-sided emphasis on certain “natural” rights with a rudimentary and poorly documented account of the “tragedy of the commons.” This unmooring of copyright from the historical limits on its scope and duration threatens to chill the flow of public domain material and transformative works onto the World Wide Web. The author argues that a searching First Amendment inquiry into the dubious origins of Blackstonian copyright, along with a more critical appraisal of its philosophical provenance, should precede implementation of “notice-and-take-down” schemes and other statutory, technological, and contractual restrictions on imitation and quotation in cyberspace and elsewhere. Absent such an inquiry, the redefinition of “piracy” to include evaluation, critique, parody, and even reproduction of public domain works will undo recent advances in the accessibility and heterogeneity of information

    The Battle for Mindshare: The Emerging Consensus that the First Amendment Protects Corporate Criticism and Parody on the Internet

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    This article describes the development of trademark liability for engaging in corporate criticism or parody on the Internet, and the emerging judicial consensus that imposing liability on this form of political speech violates the First Amendment rights of Internet users. The article begins by analyzing the expansion of trademark rights from a method of protecting merchants against counterfeiting into a broad-ranging tort against any invasion of consumers\u27 good feelings towards a business or its products. Courts and Congress made this expansion possible by eroding the requirement of commercial competition as a prerequisite to trademark liability, and by crafting sometimes overbroad rules against creating initial interest confusion, establishing negative associations with a trademark, or cybersquatting on a domain name similar to a mark. Fortunately, the federal appellate courts are making it increasingly clear that the First Amendment shields Internet speech devoted to criticizing or making fun of corporations from censorship under trademark law. The author argues that this emerging consensus is consistent with the principal normative justifications for trademark rights as a means of preserving valuable property interests and promoting economic efficiency. Finally, he contends that trademark rights should be restricted to policing commercial competition, rather than non-commercial Internet speech. This limitation is essential if consumers are to preserve their autonomy in light of the pervasive influence of advertising, and their ability to participate fully in a democratic society in light of the considerable power of the business world

    Pirates of the Information Infrastructure: Blackstonian Copyright and the First Amendment

    No full text
    Copyright law's expansion must be analyzed from the standpoint of the comparative history and philosophy of exclusive rights in lands on the one hand, and in creative expression on the other. Expansion is driven by the persistence of a particularly influential mode of discourse about property rights from the English Enclosure Movement of the seventeenth and eighteenth centuries down to the Internet copyright debates of the 1990s. The duration and breadth of copyright have been extended to economically dubious and arguably unconstitutional lengths. At each new incursion into the intellectual commons, substantially the same dual-pronged justification has been brought to bear, combining a one-sided emphasis on certain “natural” rights with a rudimentary and poorly documented account of the “tragedy of the commons.” This unmooring of copyright from the historical limits on its scope and duration threatens to chill the flow of public domain material and transformative works onto the World Wide Web. The author argues that a searching First Amendment inquiry into the dubious origins of Blackstonian copyright, along with a more critical appraisal of its philosophical provenance, should precede implementation of “notice-and-take-down” schemes and other statutory, technological, and contractual restrictions on imitation and quotation in cyberspace and elsewhere. Absent such an inquiry, the redefinition of “piracy” to include evaluation, critique, parody, and even reproduction of public domain works will undo recent advances in the accessibility and heterogeneity of information

    Variations on the Author

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    “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

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    We 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
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