Managing commercial risks in open source software licensing

Legal context: The article reviews the commercial risk allocation clauses intypical open source licence terms and discusses their enforceabilityand implications. Key points: The enforceability of warranty disclaimers and limitation ofliability clauses in common open source licence terms is questionable,particularly in a cross-border context, and commercial licensorsshould take additional steps to protect themselves from down-streamrisks. Practical significance: Open source software presents a number of unusual commercialissues, because it is available free of charge and the providerstry to disclaim warranties and liabilities. End users and resellershave to adjust their own in- and out-licensing models to accommodatethis situation.     

Teaching Students How to Use Emotions as They Negotiate

Given that emotions are inescapable and complex, how do you teach students how to deal with them? This article offers instuctors a practical approach. It suggests that instructors and students turn their attention away from emotions and toward a more limited set of core emotional concerns that stimulate many emotions. The article describes ways to teach students how to use these core concerns as tools to understand the emotional terrain and to stimulate helpful emotions.     

Policy failure and public support: The Iran-Contra affair and public assessment of President Reagan

The Iran-Contra affair is an example of the type of event that is expected to give rise to a rally of public opinion behind the president. However, the public's response to this event, uncharacteristically, was a sharp decrease in support for President Reagan. This case study constitutes an attempt to explore the sources of the public opinion response to foreign policy events. Statements of political elites, news coverage and commentary, and public opinion assessments are examined to test the patriotism, priming, and opinion leadership explanations of the rally phenomenon. The actions of opinion leaders appears to provide the best explanation of the differential public response to the Iran-Contra affair.     

The ADA at three years: a statute in flux

In the three years since the Americans with Disabilities Act (ADA) was enacted, significant developments have occurred in the form of new administrative and judicial interpretations of the Act. The new guidelines and decisions will assist employers in complying with the ambiguous, and sometimes confusing, provisions of the ADA. Recent developments in areas such as the definition of a disability and the permissibility of medical inquiries, along with continuing developments in the areas of mental disabilities and defining reasonable accommodations, give employers insight into the obligations created by the ADA. These developments are a good starting point to understanding the ADA, but there is still a long way to go. This article surveys the recent developments in the law and examines the considerations that have become important to the Equal Employment Opportunity Commission and the courts in interpreting the ADA's provisions.