Transforming Fair Use Online: The Ninth Circuit's Productive-Use Analysis of Visual Search Engines

Courts have increasingly looked to the concept of “transformative use” to determine whether the use of a copyrighted work is protected under the fair use doctrine. Judge Pierre Leval's definition of transformative use, adopted by the Supreme Court of the United States in its 1994 opinion in Campbell v. Acuff-Rose Music, Inc., requires that a transformative use must (1) be socially beneficial, (2) be used in a different way or purpose from the original, and (3) add value to the original by using it as raw material to create something new. This article examines the fair use analysis undertaken by the United States Court of Appeals for the Ninth Circuit in two recent cases involving visual search engines and concludes that the court's test of transformative use ignored the language and the meaning of the Campbell definition and instead equated a finding of a different purpose with a finding of a transformative use. This departure from traditional transformative use analysis, if generally adopted by the court, would represent a significant and potentially troubling doctrinal shift in fair use analysis.     

Do Belgian parties undermine the democratic chain of delegation?

The Belgian party-archy violates the ideal-type chain of parliamentary delegation in many ways, insofar as political parties play a predominant role at each stage. They channel the delegation of power from voters to MPs, from Parliament to the cabinet, from the collective cabinet to individual ministers, and from ministers to their civil servants. Hence, they can be considered the effective principals in the polity, and many actors of the parliamentary chain of delegation, such as MPs, ministers, and civil servants have been reduced to mere party agents. The extreme fragmentation of the Belgian party system in combination with its increasing need for multilevel coordination have further enhanced the position of political parties in the Belgian polity. Yet, at the same time (since the early 1990s), Belgium has also witnessed a gradual decline in the informal system of partitocratic delegation and clientelistic excesses, thereby giving back part of their autonomy to some formal agents, such as the cabinet, top civil servants and some MPs. Still, one can wonder whether these corrections are sufficient to counter the strong outburst of public dissatisfaction with the way parties have run the country in past decades.     

A Higher Form of Intelligence: Hugh Trevor-Roper and Wartime British Secret Service

Throughout his distinguished career, the historian Hugh Trevor-Roper was known in many incarnations and guises: the ‘sleuth of Oxford’; Regius Professor of Modern History at Oxford; the Spectator's Mercurius Oxoniensis; Baron Dacre of Glanton; and Master of Peterhouse College. In addition, he was to gain wider notoriety in the early 1980s as the man who helped authenticate the forged Hitler Diaries. Nevertheless, his wartime embodiment as a British intelligence officer is one facet of his personal history that has never before been addressed by scholars in any great depth. Using previously unpublished material from Trevor-Roper's memoirs and personal papers, as well as excerpts from the Guy Liddell Diaries, this article aims to highlight the fact that, contrary to the impression engendered by F.H. Hinsley's dry and depersonalized multi-volume official history, British Intelligence in the Second World War, Major H.R. Trevor-Roper, and many other intelligence officers like him, not only had a ‘good war’, but a rich and colourful one. If historians are to escape the late Sir Maurice Oldfield's indictment of that official history, namely, that it was written ‘by a committee, about committees, for a committee’, they might do worse than begin to reappraise the role of the individual in the context of Britain's intelligence effort during 1939–45. The late Lord Dacre, so this article argues, is one such individual requiring further study.     

Interdisciplinary,cross-sector collaboration in the US Intelligence Community: lessons learned from past and present efforts

ABSTRACT

How does one design and sustain interdisciplinary, cross-sector collaboration to improve intelligence results for twenty-first century security threats? This paper will analyse five past and present initiatives designed to create interdisciplinary, cross-sectoral collaboration within different agencies of the US Intelligence Community (IC). We will discuss key features of each effort, their successes and challenges, identify common themes and, propose which collaborative model might be most advantageous for a particular type of project based on project constraints. In so doing, we provide direction for IC leaders seeking to improve academia–industry–intelligence partnerships for future planning on intelligence-funded collaborations.     

Analytic Outreach for Intelligence: Insights from a Workshop on Emerging Biotechnology Threats

This article describes a new effort to engage in analytic outreach between academic scholars and intelligence analysts on the issue of emerging biotechnology threats to US national security. The context of this outreach was a September 2012 meeting in London to explore possibilities for enhanced analytic outreach in relation to emerging biotechnology threats, supported by the UK Genomics Policy and Research Forum. This meeting consisted of a mix of current and former intelligence practitioners and policy officials, and social science and scientific experts, from both the UK and the US. As will be described below, this unique pairing of experts and subjects revealed new insights into how to improve intelligence assessments on biotechnology and bioweapons threats. It also revealed continuing challenges in reforming assessments within existing intelligence work routines.     

Exclusion through citizenship: civic deliberation and its limits in the Peruvian blogosphere

Research on the exclusionary nature of citizenship has concentrated on the state as the agent who defines the limits of citizenship, framing it as a legal status. Exclusionary discourses and practices resulting from everyday notions of ‘good citizenship’ have received less attention. A stronger focus on these can contribute to our understanding of the relationship between citizenship and exclusion by highlighting exclusion through citizenship. In other words, it emphasises the ways in which practices and discourses of ‘good citizenship’ simultaneously produce its limits, consisting of practices and discourses which are considered ‘not civic’. In this sense, exclusion happens because of, rather than in spite of, citizenship. The article examines notions of civic deliberation among Peruvian bloggers, arguing that these included clear limits, which, if violated, allowed for exclusion.     

(Im)possible citizens: Canada's ‘citizenship bonanza’ and its boundaries

This article discusses a recent amendment to the Canadian Citizenship Act, which retroactively restores or gives Canadian citizenship to ‘hundreds of thousands of unsuspecting foreigners, most of them Americans’ (P. Dvorak, 2009. Canada issues a wake-up call: you may be a citizen. The Wall Street Journal, 17 April. Available from: http://online.wsj.com/article/SB123993183347727843.html) while also restricting the inheritance of Canadian citizenship to the first-generation born abroad. Aiming to redress past discriminations based on gender, marital status and dual citizenship while simultaneously curtailing modern citizenship's dubious ius sanguinis provision, the new law might be interpreted as perpetuating Canada's reputation as a world leader in interethnic relations and human rights. A contextual analysis of the new law, by contrast, shows that the opposite is the case: the boundaries that are being drawn by Canada's new citizenship regime follow the now common trend of re-ethnicization and securitization. Specifically, they conflate kinship and Whiteness, thereby leading, on the one hand, to the construction of possible citizens whose authenticity and loyalty to the nation are unquestioned. On the other hand, within the logic of the new laws and their surrounding discourses, non-White, non-Christian ‘impossible citizens’ emerge, whose lack of loyalty and instrumental use of their Canadian passport are said to be eroding the value of citizenship from within.     

The Use of the MacCAT-CA with Adolescents: An Item Response Theory Investigation of Age-Related Measurement Bias

Despite the application of the MacCAT-CA to juveniles, questions been raised regarding the appropriateness of this tool for adolescents. The current study tested for age-related measurement bias using data from the MacArthur Juvenile Adjudicative Competence Study (n = 1393). Five of the MacCAT-CA items showed age-related measurement bias (i.e., DIF) for adolescents aged 11–15, and three items showed DIF for adolescents aged 16–17. Several items (e.g., understanding of juries) were more difficult for adolescents than adults matched at the same latent level of capacity, suggesting that these items might underestimate adolescents’ legal capacities. Contrary to expectations, there was little evidence of age-related measurement bias on the Appreciation scale. The use of the MacCAT-CA in research and clinical settings is discussed.

Female juvenile murderers: Biological and psychological dynamics leading to homicide

The increasing involvement of girls under 18 in violent crime has been a matter of growing concern in the United States in recent years. This article reviews the arrests of female juveniles for violent crime and then focuses specifically on their involvement in homicide. Arrests of girls for murder, unlike arrests for assault, have not risen over the last 30 years, suggesting that the dynamics that propel female juveniles to engage in lethal violence differ from those contributing to assaultive behavior by this same group. A review of the literature indicates that theories as to why female adolescents kill do not take into account recent scientific findings on brain development and the biological effects of early trauma in explaining serious violent behavior by girls. Three cases, evaluated by the authors, involving female adolescents charged with murder or attempted murder, are presented. The authors focus on the biological and psychological dynamics that help explain their violent behavior. They discuss the effects of insecure attachment and child maltreatment, and trace a critical pathway between these early experiences and future risk of violent behavior. The dynamics of child maltreatment in fostering rage and violence are discussed thereafter in terms of offender accountability. The article concludes with a discussion of treatment and recommendations for future research.     

Prevalence and mental health correlates of harassment and discrimination in the workplace: results from a national study

This study describes past-year prevalence and effects on mental health and drinking outcomes for harassment and discrimination in the workplace (HDW) in a nationally representative random digit dial phone survey conducted in 2003-2004 (n = 2,151). HDW measures included experiences and perceptions of sexual harassment (SH) and generalized workplace harassment (GWH), and perceived harassment or discrimination because of race or ethnicity. Prevalence was examined by sex, race, age, occupation, marital status, and education. Effects of HDW were assessed controlling for demo-graphics and job and life stressors. Experiencing multiple types of HDW was common. SH was more prevalent among women, and Blacks and those of other or mixed race or ethnicity experienced the highest levels of HDW overall. HDW variables explained additional variance in problem drinking and mental health beyond life and job stressors, particularly for women. This study demonstrates that HDW is a prevalent problem associated with poor mental health and problem drinking in the U.S. workforce.