Considering Fair Use: DMCA’s Take Down & Repeat Infringers Policies

Courts have recently clarified some aspects of the Digital Millennium Copyright Act safe harbor system, yet other aspects remain hazy. In this haze, ISPs are incentivized to over-block content, and copyright holders are allowed to give a narrow, subjective reading of a user’s fair use. Subjectively, copyright holders can, in good faith, hold objectively unreasonable views about fair use. The asymmetry between copyright holders’ rights and remedies and users’ rights and remedies threatens socially valuable speech and creates a chilling effect. And the risk of extra-judicial termination of Internet access under a vague and variable repeat infringers policies threatens fundamental First Amendment interests. Policy changes are proposed to harness fair use considerations to protect First Amendment interests in the digital sphere. The calculus and consequence for sending takedown notices should be recalibrated. By curbing copyright overreach and minimizing the chilling effect, the potential for robust exchanges over new communication technologies can be realized.     

Organised Criminals as “Agents of Obligation”: The Case of Ireland

Relying on Brown's (2005a, b) thesis that contemporary shifts in penal policy are best understood as a reprisal of colonial rationality, so that offenders become “non-citizens” or “agents of obligation”, this article argues, firstly, that this framework (with certain important refinements and extensions) finds support in developments in Irish criminal justice policy aimed at offenders suspected of involvement in “organised crime”. These offenders have found themselves reconstituted as “agents of obligation” with duties to furnish information about their property and movements, report to the police concerning their location and, importantly, refrain from criminal activity or face extraordinary sanctions. Secondly, it is submitted that this draconian approach to the control of organised crime is built on false premises; specifically the idea that “organised crime” as such exists and is best controlled through restrictions on the freedom of key groups or “core nominals”.     

An experimental study of compressed work schedules in policing: advantages and disadvantages of various shift lengths

Objectives  

The objectives of this research were to test the impacts of three shift lengths (8-, 10-, and 12-hour) on performance, health, safety, quality of life, sleep, fatigue, alertness, off-duty employment, and overtime among police.     

Stipends in Volunteer Civic Service: Inclusion,Retention, and Volunteer Benefits

What is the role of stipends as an institutional facilitator in volunteer civic service? By examining the relationship of stipend receipt to volunteer diversity, time commitment, and perceived benefits from a longitudinal study of older adults serving in Experience Corps, this article assesses stipend status relative to volunteer sociodemographic characteristics, motivations, intensity and duration of time served, and volunteers’ self‐reported benefits. The findings underscore how stipends may promote participant diversity. In particular, stipended older adult volunteers serve for longer periods of time, but their motivations for serving do not differ. Stipended volunteers report higher perceived benefits than nonstipended volunteers. The results suggest that stipends may leverage wider inclusion, increase retention, and contribute to other benefits, but additional research is needed using more controlled and comparative designs.     

Analysis of forensic soil samples via high-performance liquid chromatography and ion chromatography

Traditional forensic soil comparisons are performed via physical and/or chemical examinations of color, texture, and mineral content, leaving any organic- or water-soluble fractions unexamined. This study uses high-performance liquid chromatography (HPLC) and ion chromatography (IC) to assess the qualitative and quantitative variation in these fractions of soil. Soil samples (n=120) were collected over the course of 3 weeks from urban, suburban, and rural locations in and around Lansing, MI. Additional samples from six of these locations (two urban, two suburban, and two rural) were collected once a week for 10 weeks for temporal analysis. Nine additional samples, equally spaced over a 1 m(2) grid, from these same six locations were collected for spatial analyses. Qualitative and quantitative analysis of the resultant chromatograms separated the 120 samples into 10 groups by HPLC and 23 groups by IC. This study shows that using HPLC and IC to analyze the organic- and water-soluble fractions of soil can successfully discriminate samples. Quantitative analysis of the results eliminates some false inclusions by providing further differentiation of samples. The results of this study indicate that adding HPLC and IC analyses to traditional forensic soil analysis schemes can improve overall sample differentiation. The methods used in this study were also able to detect both qualitative and quantitative variations in soil over a relatively small geographic area. This demonstration of soil heterogeneity underscores the importance of the collection of a representative known sample population when assessing a forensic soil comparison. Significant temporal variation was also demonstrated over the course of 10 weeks of sampling; however, samples were found to be consistent over shorter periods of time. Baseline levels of inorganic anions were determined via IC; these levels may be useful in assessing the significance of anions detected in soil from cases involving low explosives.     

Characteristics associated with rape attrition and the role played by scepticism or legal rationality by investigators and prosecutors

Abstract

This paper reports a multidimensional scaling analysis of features associated with rape attrition by identifying key aspects of the rape that are associated with loss of cases at the stages of police investigation, prosecutors’ considerations and in court. The research utilized a case-file analysis (n=105) consisting of all rapes reported to one division within a large UK urban police force by females over the age of 16 from April 1998 to April 2003. In addition, interviews were conducted with police officers and Crown Prosecutors to explore their understanding of the reasons why attrition occurs. The findings illustrate the extent to which prejudicial attitudes and legal logic influence police officers’ and solicitors’ modes of thinking and subsequently influence decisions for rape cases to proceed to court. Methodological and practical issues are considered.     

Reexamining Causes and Consequences: Does Administrative Intensity Matter for Organizational Performance?

ABSTRACT

This study examines the relationship between organizational structure (size and complexity) and administrative intensity and, subsequently, the effect of administrative intensity on organizational performance in the context of four-year institutions of higher education in the United States between 2003 and 2009. Organizational size has a negative effect on administrative intensity and supports the notion of economies of scale. Size and complexity also interact such that complexity has a greater effect on total administrative intensity in larger organizations. While administrative intensity has a nonlinear relationship with degree productivity, suggesting a tipping point of 30% total administration, it has little direct effect on graduation rates.     

Does Performance Management Lead to Better Outcomes? Evidence from the U.S. Public Transit Industry

Although performance management processes are widely assumed to be beneficial in improving organizational performance in the public sector, there is insufficient empirical evidence to back this claim. In this article, the authors examine the impact of performance management practices on organizational effectiveness in a particular segment of the public transit industry in the United States. The analysis utilizes original survey data on performance management practices comprising both strategy formulation and performance measurement in 88 small and medium‐sized local transit agencies in conjunction with comparative outcome data drawn from the National Transit Database maintained by the Federal Transit Administration. The results provide evidence that more extensive use of performance management practices does in fact contribute to increased effectiveness in this segment of the transit industry.