ECJ clarifies collecting societies' rights in relation to the cable retransmission right, but leaves questions unanswered

The European Court of Justice (ECJ) has held that Article 9(2)of Directive 93/83 is to be interpreted as meaning that wherea collecting society is deemed to be mandated to manage therights of a copyright owner or holder of related rights whohas not transferred the management of his rights to a collectingsociety that society has the power to exercise that right holder'sright to grant or refuse authorization to a cable operator forcable retransmission and, consequently, its mandate is not limitedto management of the pecuniary aspects of those rights.     

The dynamics of rural poverty in Latin America

The development and perpetuation of a functional dualism between the subsistence sector and the commodity‐producing sector is an objective outcome of the laws of capital accumulation in the periphery of the world capitalist system. The necessity for this dualism derives from the drive of capitalists to maximise profits and thus maintain low wages. Its possibility arises from social disarticulation whereby labour's income does not participate in expanding the market for the modern sector. Through dualism, surplus value is increased not only by the orthodox means of central economies—principally increasing the productivity of work to reduce necessary labour embodied in wage goods—but, in addition, and dramatically more effectively, by collapsing the price of agricultural labour by an amount equal to the production of use‐values by the worker's family in the subsistence plot. In this way, subsistence agriculture supplies cheap labour to commercial agriculture which, in turn, supplies cheap food to the urban sector where it sustains low wages. Socially disarticulated accumulation and functional dualism between capitalist and precapitalist modes perpetuate primitive accumulation in the modern sector based on surplus extraction from the peasant sector fundamentally via the labour market. This specific form of overexploitation of rural labour implies a particular dynamic in the use of labour and natural resources in subsistence agriculture. The pattern of rural poverty and the subjective contradictions of peripheral capitalism can thus largely be understood by identifying the antagonistic contradictions to which the subsistence economy is subject in adjusting to domination.     

The role of agriculture in economic development: Visible and invisible surplus transfers

The financial surplus of agriculture has been central to theories of the role of agriculture in economic development. Morrisson and Thorbecke (MT) have used a constant‐price social accounting matrix (SAM) framework to measure rigorously the financial surplus of agriculture and decompose the mechanisms of surplus extraction. History and theory have, however, stressed the role of prices as an invisible transfer mechanism in addition to the visible transfers identified in the SAM framework. We extend the MT approach by defining and measuring the real surplus of agriculture and decomposing the mechanisms of surplus extraction between visible and invisible financial transfers. Using an archetype computable general equilibrium model for poor African nations, we trace the generation, transfer, and use of an agricultural surplus created by a productivity gain in agriculture. This shows that prices indeed play an overwhelmingly important role in transferring a surplus from agriculture to the benefit of the rest of the economy.     

Un modèle dynamique de catégorisation juridique: l'``encyclopédie' sémiotique de U. Eco

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - Qu'apporte le linguistic turnà la philosophie du droit continentale? Il lui...     

Oral fluid testing for driving under the influence of drugs: history, recent progress and remaining challenges

In recent years the demand for drug testing in oral fluid in cases of driving under the influence has been increasing. The main advantages of saliva/oral fluid are the possibility for non-medical personnel to collect it without embarrassment and a better correlation between presence of drugs in oral fluid and impairment. Several surveys have been performed since the 1980s using saliva, and researchers encountered problems related to insufficient sample volume and insufficient sensitivity of the analytical methods. Steady progress has been shown in sample collection, knowledge of toxicokinetics in oral fluid, reliability of on-site and laboratory-based immunoassays and confirmation methods. In a few countries, legislation was passed that allows the use of saliva as a matrix for screening or confirmation.Despite this progress, some more work needs to be done, principally in the areas of the sensitivity and reliability of on-site screening devices, particularly for cannabis and benzodiazepines, knowledge about passive contamination and more generalised proficiency testing before oral fluid testing for DUID will have the reliability needed to be used forensically.     

Culture and Joint Gains in Negotiation

What effect does culture have on the achievement of joint gains in negotiation? Prior research has identified a number of strategies, for example sharing information about preferences and priorities, eschewing power, that lead to the development of joint gains when both negotiators are from the U.S. Are these same strategies used in other cultures? Are other strategies used? How effective are negotiators from different cultures in realizing joint gains? These are among the questions considered by the authors, whose research is based on data collected from negotiators from six different cultural backgrounds: France, Russia, Japan, Hong Kong, Brazil, and the U.S.

     

Judicial conformity versus dissidence: an economic analysis of judicial precedent

The individual decision made by a judge does not only reflect his personal preferences about a case but also the expected response of the judicial community to the decision. We propose an analysis of judicial attitudes towards precedent based on the adoption externalities associated with legal rules. The situation is modelled as a coordination problem within a sequential game of two periods in which judges play a bandwagon strategy.