Sampling Increases Music Sales: An Empirical Copyright Study

The Supreme Court instructs that the most important consideration in analyzing fair use is the effect on the market for the original. Employing music sales data, this article presents evidence of digital sampling's effect on the sales of sampled songs. Our results indicate that a reassessment of fair use in the area of music sampling is needed since sales of sampled songs increased after being repurposed within new songs. These results are robust and highly statistically significant. Findings of this nature favor a judicial determination that sampling constitutes a fair use, even when considering the influence that a new work has on extant licensing markets for sample clearance. This article argues that the current sample–licensing market is a product of aberrant antisampling case law arising from a lack of relevant empirical data and nonutilitarian judicial opinions. As set forth herein, the goal of encouraging creative activity without hindering copyright owners’ capacity to financially gain from their work is served by implementing a limited presumption of fair use for sampling. The findings are further applicable outside of the fair use analysis, as the study is important in the private law when viewed through a law and strategy lens. Forward thinking music firms should reframe their approach by encouraging sampling of their works to secure cost‐free advertising and achieve a competitive advantage.     

Cardiac Ventricular Laceration Due to Child Abuse: Abusive Ventricular Laceration

Traumatic cardiac ventricular ruptures in children are rare. Only a single case of left ventricular rupture due to child abuse has been reported. We report a child who sustained a fatal left ventricular apical rupture. It appeared to have resulted from hydrostatic forces resulting from abusive blunt thoracic injury. That he was being abused was previously missed when he was presented to the emergency department with facial pyoderma. It was not noted that he also had lip and oral mucosal injury, sites not affected by staph toxins. As a result, his underlying, abusive and secondarily infected, facial flow type scald burn was not appreciated. Within a week thereafter his fatal injury occurred, accompanied by extensive and obvious associated abusive injuries. Postmortem high‐detail whole body computed tomography scanning aided the autopsy. Although rare, ventricular rupture from abusive blunt thoracic injury can occur.     

Politics and the police in Scotland: The impact of devolution

The creation of a Scottish Parliament and Scottish government in 1999, under the process of devolution within the UK, created a significantly different constitutional and political landscape from that which preceded it. The impact on domestic issues in Scotland, such as policing, has been considerable. This is partly because of new structural arrangements, including the creation of a Justice Minister and a Justice Committee of the Parliament, and partly because of the significance of the law and order agenda within Scottish politics. This paper discusses the impact of these developments on the Scottish police. Analysis focuses on the growing involvement of the Scottish Parliament and Scottish governments in key areas such as constabulary independence, police accountability and the management of police resources. Through this discussion, the paper seeks to make a contribution to the debate about the relationship between the police and politics, and the extent to which policing in Scotland is becoming increasingly politicised.     

Campaign Persuasion and Nascent Partisanship in Mexico's New Democracy

Despite ample evidence of preelection volatility in vote intentions in new democracies, scholars of comparative politics remain skeptical that campaigns affect election outcomes. Research on the United States provides a theoretical rationale for campaign effects, but shows little of it in practice in presidential elections because candidates’ media investments are about equal and voters’ accumulated political knowledge and partisan attachments make them resistant to persuasive messages. I vary these parameters by examining a new democracy where voters’ weaker partisan attachments and lower levels of political information magnify the effects of candidates’ asymmetric media investments to create large persuasion effects. The findings have implications for the generalizability of campaign effects theory to new democracies, the development of mass partisanship, candidate advertising strategies, and the specific outcome of Mexico's hotly contested 2006 presidential election. Data come primarily from the Mexico 2006 Panel Study.     

大学生宗教信仰的社会心理学分析

随着大学教育、教学活动与社会联系的日益深入,宗教文化在大学校园中也有一定程度的渗入和传播,信教的大学生人数呈上升趋势。导致大学生宗教信仰的原因既有西方宗教文化的影响等外部因素,也有大学生好奇心强、追求自我实现等内部心理因素。高校一方面应尊重大学生的宗教信仰,另一方面应采取加强对大学生的无神论教育等措施引导大学生树立科学的世界观和人生观,为社会主义建设事业培养更多的合格人才。     

Just 'Cause You're Smarter than Me Doesn't Give You a Right to Tell Me What to Do: Legitimate Authority and the Normal Justification Thesis

Joseph Raz's famous theory of authority is grounded in threeclaims about the nature and justification of authority. Accordingto the Preemption Thesis, authoritative directives purport toreplace the subject's judgments about what she should do. Accordingto the Dependence Thesis, authoritative directives should bebased on reasons that actually apply to the subjects of thedirective. According to the Normal Justification Thesis (NJT),authority is justified to the extent that subjects are morelikely to comply with right reason by following the authority'sdirectives than by following their own judgments about whatright reason requires.¹ In this article, I consider a number of ways in which NJT mightbe construed as a justification for authority. First, I evaluateNJT construed as a principle that would provide a practicaljustification for an individual to accept or recognize a particularperson or persons as a preemptive authority. Second, I evaluateNJT construed as a principle that describes the conditions underwhich a state or legal system is morally legitimate. I arguethat NJT is true under none of these interpretations.²     

An Analysis of Miranda Warnings and Waivers: Comprehension and Coverage

Miranda warnings enshrine the constitutional rights of custodial suspects against self-incrimination. However, the wording and sentence complexity of Miranda warnings and waivers vary dramatically from jurisdiction to jurisdiction. This study is the first extensive investigation of Miranda warning variations examining 560 Miranda warnings from across the United States. With Flesch-Kincaid reading comprehension as a useful metric, Miranda warnings varied from very simple comprehension (i.e., grade 2.8) to requiring postgraduate education. Miranda warnings are composed of five components (e.g., silence and evidence against you); marked variations were also observed in the comprehensibility of individual components. On average, the Miranda warning component on "continuing rights" requires a reading comprehension level six grades higher than the comparatively simple expression of the right to silence. Similar analyses were conducted on Miranda waivers. The content of these warnings differed on such issues as communicating (a) when access to an attorney would be granted (e.g., 45.9% specified only "during questioning") and (b) explicitly that indigent legal services were free (e.g., 31.8% directly informed suspects). Finally, the study identified representative Miranda components at different levels of reading comprehension as a template for further research.     

The Differentiation of the Volatile Organic Signatures of Individuals Through SPME-GC/MS of Characteristic Human Scent Compounds

Abstract:  Human scent evidence is utilized as an investigative tool through canine scent discriminations based on the premise that human scent is an individualizing characteristic. This study describes the development of what is effectively a human scent barcode consisting of the relative ratios of an individual's "primary odor" compounds utilized to determine a reproducible and individualizing profile which can be stored in a searchable database for a proof of concept of human scent as a biometric measure. Triplicate hand odor samples were evaluated from 10 subjects utilizing solid phase micro-extraction gas chromatography/mass spectrometry (SPME-GC/MS) and compared via Spearman Rank Correlations. Narrowing the compounds considered for each subject to only those common in all three samples, or a subject's "primary odor constituents," produced a greater degree of both individualization and discrimination; at both correlation thresholds of 0.9 and 0.8, the individuals were correctly discriminated and identified in 99.54% of the cases.