Disability,right to culture and copyright: which regulatory option?

Access to knowledge and participation in cultural life for persons with disabilities has always constituted a tough challenge. Recent studies show that only 5% of published works are available in accessible format, and the number plummets to 1% in developing countries. Coupled with the high costs of production and distribution, and the full reliance on public funds and intervention of public or non-profit organizations, copyright has traditionally represented an additional obstacle on the path for a broader availability of accessible works. Recently, the situation has worsened with the tilting in the balance between rights and exceptions caused by the legislative response to digital threats, when the unprecedented opportunities offered by new technologies to foster accessibility have been largely trumped by copyright law. Still, the last decades have witnessed the beginning of a paradigm shift, originating from the human rights arena, and moving towards a new definition of the interplay between authors’ rights and the right to take part in cultural life, both at a general level and with particular regards to persons with disabilities. This article offers a diachronic overview of the path that, from the rediscovery of Article 15 of the International Covenant on Economic, Social and Cultural Rights through its General Comments to Article 30 of the United Nations Convention on the Rights of Persons with Disabilities, has led to the adoption of the Marrakesh Treaty. It then analyses, with a focus on the European Union and its Member States, the national and regional responses to the new human rights obligations, looking at the relations between legislative exceptions and model or collective license agreements. The assessment of the strengths and weaknesses of the two main regulatory options lays the groundwork for proposals of further areas of intervention, necessary to fully comply with the international human rights obligations and to achieve the fullest access to and participation in culture possible for persons with disabilities, by using the tools offered by international and national copyright law.     

Is limiting financial supervisory liability a way to prevent defensive conduct? The outcome of a European survey

One of the arguments frequently used to limit the liability of financial supervisory authorities is the idea that normal liability rules result in defensive conduct and, therefore, in ineffective financial supervision. The impact of tort law on financial supervisory authorities is, however, highly debated, and no overwhelming empirical evidence exists to support it. This article presents findings from an empirical study on financial supervisors in the member states of the European Union. Targeting senior financial supervisors, the survey presented a series of statements, asking respondents to state their opinions about the impact of financial supervisory liability. In summary, most of the respondents seem to classify the impact of financial supervisory liability as neutral or positive. At most, the evidence from the survey implies an arguably modest degree of deterrence. Because the survey found no significant differences between respondents who perceive the liability of their organization as limited and those who do not, it suggests that limiting financial supervisory liability does not have an impact on the behavior, or at least on the perceptions of the impact of financial supervisory liability, of financial supervisors. Therefore, the study calls into question the widely accepted argument of defensive conduct as a reason for limiting the liability of financial supervisory authorities.     

Violence or nonviolence: which do we choose?

A large mass of research on violence now exists, yet the utilitarian value of this vast amount of scientific endeavor may be rated as low, comparing it to the levels of violence at all levels abounding in the world today. The author calls for centralizing funding and work on violence at the national level in the United States, perhaps forming a separate National Institute for Violence. In addition to focusing on violence, nonviolence must be studied with more vigor for scientific work in this area to increase in utilitarian value.     

Independence or autonomy: which is the goal?

At times in psychiatric treatment practice in the United States, the notion of individualism or independence (an American ideal) is confused with autonomy (a rights goal). Client autonomy is defined as the ability of clients to make their own choices. When the societal ideal of independence overrides individual autonomy, inclusion and client well-being may be jeopardized. A case will be presented to illustrate these points. We make recommendations for professional education to protect client rights through understanding the distinction between autonomy and independence.     

Domestic violence among immigrants from India: What we need to know — and what we should do

Little research has been reported on domestic violence among Indian immigrant families in the United States. While one national survey suggests that this is not a major problem, several smaller scale studies that focus specifically on South Asian immigrants suggest there is a substantial hidden problem warranting attention. In order to assist future research, this paper presents an integrated theoretical model to explain domestic violence in Indian immigrant communities. The model draws on feminist theory, family violence research, acculturation theory and victimological and crime opportunity theories. The model also provides a framework for thinking about possible intervention strategies. Those likely to provide more immediate benefits are discussed.     

Reckless’ passage to India: assessing the cross-national influence of American criminology

The contributions of American criminologist, Walter C. Reckless, to the development of the field of criminology and criminal justice in India are described. These are assessed in the light of recent debates about criminological knowledge transfer from developed to developing countries and regarding the influence of American criminology on its Asian counterparts.     

The online defamation maze: are we finding a way out?

The main purpose of this paper is to examine the efficacy of the first decision that explored online defamation (as opposed to offline defamation) delivered by the Supreme Court of Japan. A discussion of the future implications of the case is then undertaken. The paper supports the First Instance (the Tokyo District Court) decision and its approach, and argues that such an approach might have provided greater implications for the future. The author also argues that the Tokyo District Court seems to have taken a more reflective view on the fluidity of online defamation and the nature of the online environment, and shows a degree of willingness to accept and incorporate such a nature. The author concludes that the Tokyo District Court's approach, although it could be seen as rather radical and extreme, seems to be more persuasive than that of the Supreme Court. It also submits that the court might have brought a more balanced and healthy outcome for the beneficiaries, including not only the claimants, the defendants, but also society as a whole. It is the case that innocent internet users can potentially be both the passive and active recipients of the information (i.e. comments posted on webpage). Before a detailed analysis and examination of the case is undertaken, a brief outline of how Japanese law and its jurisprudence have dealt with the traditional form of defamation (i.e. offline defamation) is provided as background.     

How Exceptional Is India? A Test of Situational Action Theory

This study explores the generalizability of Situational Action Theory (SAT) in India by testing hypotheses related to the person–environment interaction in explaining offending. Drawing on data from a sample of 872 students between the ages of 14 and 17 from an Indian city collected as part of the International Self-Report Delinquency Study (ISRD3), we tested the hypothesis that Indian youths will report more delinquent acts if they have a higher propensity to commit crime combined with a greater exposure to criminogenic activities. Our findings show unequivocal support for the applicability of SAT in India where youths reported a slight increase in offending behavior if they exercised low self-control or if they were less moralistic (i.e., they were more crime-prone), or when exposed to criminal activities or peers. Consistent with tests of SAT in other contexts, we find that exposure to criminogenic environments increases offending for youth with higher levels of criminal propensity but does not impact youth with lower levels of criminal propensity. We speculate that the overall low rate of delinquent offending coupled with the cultural milieu of Indian youths may explain why criminogenic exposure may be less relevant in light of young people’s strong avoidance of rule-breaking.