On the Undecidability of Legal and Technological Regulation

Law and Critique - Generally, regulation is thought of as a constant that carries with it both a formative and conservative power, a power that standardises, demarcates and forms an order, through...     

End of the Lone Wolf: The Typology that Should Not Have Been

This research note argues that the “lone wolf” typology should be fundamentally reconsidered. Based on a three-year empirical research project, two key points are made to support this argument. First, the authors found that ties to online and offline radical milieus are critical to lone actors' adoption and maintenance of both the motive and capability to commit acts of terrorism. Second, in terms of pre-attack behaviors, the majority of lone actors are not the stealthy and highly capable terrorists the “lone wolf” moniker alludes to. These findings not only urge a reconsideration of the utility of the lone-wolf concept, they are also particularly relevant for counterterrorism professionals, whose conceptions of this threat may have closed off avenues for detection and interdiction that do, in fact, exist.     

CSR and social conflict in the Brazilian extractive sector

ABSTRACT

Corporate social responsibility (CSR) is an important means to address conflicts, support local development and build trust between businesses and civil society. Yet CSR often fails to live up to its ambitions and can even exacerbate conflicts between companies and communities. In this article we consider how changing CSR strategies over the past four decades between Brazilian company Vale to Norwegian company Hydro have fomented or mitigated company–community conflicts in Northern Brazil. We find that paternalistic and philanthropic approaches of Vale over time led to deep resentment and mistrust due to underdevelopment and environmental damages. Moreover, while Hydro’s more modern CSR strategies sought to deepen community engagement and build legitimacy, the company has struggled in addressing the legacies inherited from Vale and past and current civil society grievances. The case suggests that even forward-thinking CSR approaches are vulnerable to failure where they prioritise business risk over community engagement, neglect to account for past legacies in areas of operation, and fail to create a shared vision of future development. It suggests that EI companies should both understand and engage with their social and environmental impacts in the past, present, and future and create shared economic benefits in the short and long term in order to address social conflicts.     

Socio-economic determinants of the family history of pulmonary tuberculosis patients in Pakistan

This article aims to assess the role of important socio-economic factors in the family history of tuberculosis patients in Pakistan. Data were collected from 269 patients, and a logistic regression was used to determine the association between risk factors and the vicious circle of TB. Results of the logistic model show that significant risk factors associated with TB history in patients were education, household size, house structure, rooms in the home, room ventilation, monthly income, income food sufficiency, smoking, diabetes, and heart disease. The current TB control programme needs to formulate strategies to target specific risk factors and poverty reduction simultaneously to break the vicious circle of tuberculosis.     

Less Safe in the Ivory Tower: Campus Sexual Assault Policy in the Trump Administration

ABSTRACT

Since the late 20th century, the federal government has regulated colleges’ and universities’ handling of campus sexual and gender-based violence (CSGBV). Although the arc of history has bent toward establishing greater protections for victims of such violence, new proposed regulation by the U.S. Department of Education under the Trump administration focuses more heavily on ensuring due process rights for students accused of CSGBV. Most recently, in November 2018, U.S. Secretary of Education, Betsy DeVos submitted a proposed rule change to the regulation of Title IX of the Education Amendments of 1972. This article provides the historical context for this most recent proposed federal regulation of CSGBV and discusses the criticism of this proposal that, if it is implemented, students would become less safe in the ivory tower.     

An analysis of the fundamental tensions between copyright and social media: the legal implications of sharing images on Instagram

ABSTRACT

Copyright is inherently intertwined with the development of technology and none more so than the advent of the Internet and sharing technologies. More recently, social media platforms have become the latest challenge for copyright law and policy. This article builds on the literature that recognises the underlying conflict between copyright and social networking sites (SNSs); namely that the basic implication of copyright is the restriction of copying, whereas the ethos of social networking is the promotion of sharing. In particular, this article focuses on the disparity between the restricted acts of copying and communication to the public under copyright law and the encouragement of sharing on SNS Instagram. In doing so, it contextualises the debate surrounding copyright and social media and provides an understanding of the legal implications of using Instagram. As such this paper analyses (1) the infringement of copyright protected work on Instagram, and (2) the user-agreement and licensing of copyright material on Instagram. This study concludes that the disparity between the principles of copyright and social media lead to confusion and vulnerability of users. Therefore, it is suggested that Instagram should better inform its users of the implications of sharing third-party content as well as the terms of its user agreement. This could be done by implementing a copyright strategy, which includes a notice and takedown system as well as investing in producing educational content for users. Perhaps SNSs, such as Instagram might be more motivated to take steps to recognise intellectual property rights if they were considered Internet Services Provides such as YouTube.     

Violent Punjab,quiescent Bengal,and the partition of India

Why did the Punjab bear the brunt of the mass violence and the migration that accompanied the partition of India? This paper makes the case for analytical eclecticism by showing that the following three explanations – centred respectively on democratisation, nationalism, and ideas; the commitment problem; and the security dilemma – account for the violence/migration in the different stages in the run-up to the partition of India. Instead of arguing that ‘everything mattered’, this paper elucidates the complex causality at work by demonstrating how these factors interacted with one another during the different stages leading to India’s partition.     

Does the Feldstein–Horioka puzzle exist among South Asian countries? A regime‐switching approach

A plethora of literature has been undertaken to study the validity of the Feldstein–Horioka (FH) puzzle. However, divergent views continue to persist in the FH puzzle literature. This study explores the empirical validity of the FH puzzle in the case of South Asian countries using annual data from 1960 to 2017. Both panel data approach and Markov‐switching regression approach are used to empirically analyze the FH puzzle. The results of the cointegration test confirm the long‐run relationships between saving and investment in the selected South Asian countries. The results of Markov‐switching regression confirm that the saving‐retention coefficient has shifted from high to low values and also from low to high values. Thus, the FH puzzle exists for a particular time period and mostly depends on the regime shifts in the South Asian countries. The results of panel fully modified ordinary least squares (FMOLS) and dynamic ordinary least squares (DOLS) methods also confirm that FH puzzle holds for the South Asian countries. Therefore, the study suggests that any saving promotion policies are desirable for enhancing investment among the South Asian regions.     

Reproductive health services: “Business-in-a-Box” as a model social innovation

Access to reproductive health services and products in remote and rural communities is a critical area of concern for developing countries. This article considers a pilot intervention in three districts of Pakistan where “Business-in-a-Box” as a model of place-based social innovation is used to improve the socio-economic conditions of women in remote rural settings through socially responsible micro-franchising. It finds that such programmes help build a sense of community, ownership and grassroots capabilities and skills. The article also discusses the impacts of such actions on the individual and community life, and the need to upscale and sustain these initiatives.