No Democratic Change… and Yet No Authoritarian Continuity: The Inter-paradigm Debate and North Africa After the Uprisings

North Africa has gone through dramatic events since the eruption of the Arab uprisings in Tunisia in late 2010. Despite sharing similar characteristics that were central to the uprisings, they have known different political and institutional trajectories since then. The article provides an appraisal of the contributions to this special issue focusing in particular on the peculiar situation of countries where no genuine democratic change has occurred and where there is little authoritarian continuity as well.     

Strengthening Authoritarian Rule through Democracy Promotion? Examining the Paradox of the US and EU Security Strategies: The Case of Bin Ali's Tunisia

Since the end of the Cold War, much has been made about the crises that recurrently characterize the transatlantic relationship. Since the attacks of September 11th and the war in Iraq, such a crisis, according to many, has developed into a fully-fledged rift, which is beyond repair. The different views and policies of the US and EU in the Middle East are usually held as a paradigmatic example of the differences that exist between the two actors. The paper challenges this assumption and argues that the transatlantic rift, once the rhetoric is set aside, is not as deep as many suggest. In fact, through an in-depth analysis of how the democracy-promotion policies on the EU and the US are implemented, the paper shows that they are attempting to achieve similar objectives, under similar constraints and suffer from similar contradictions and shortcomings. The paper investigates such policies in the context of Tunisia, a country which, at least theoretically, should be moving forward towards democracy given the pro-democracy environment in which it operates.     

Fair use and copyright protection: a price theory explanation

Copyright scholars suggest that computer technology has reduced transaction costs associated with copyright transfer, allegedly eliminating the need for the fair-use doctrines that were developed to allow limited use of copyrighted material in situations where the transaction costs of securing authorized use would be prohibitive. According to this emerging view, in an ideal world with no contracting costs, third party use of copyrighted material could realistically only take place with the express consent of the copyright holder. This would give the author absolute power to dispose of his work, including the right to veto uses, without the possibility of a fair use “override” of any sort.This paper shows the limits of such transaction cost-based arguments. If transaction costs provide the dominant economic justification of “fair-use” doctrines, an exogenous reduction of such transaction costs would limit the scope and application of the defense of fair use. Nevertheless, in this paper we suggest that, when viewed in light of the anticommons theory, fair-use doctrines retain a valid efficiency justification even in a zero transaction-cost environment. Fair-use defenses are justifiable, and in fact instrumental, in minimizing the welfare losses prompted by the strategic behavior of the copyright holders. Even if copyright licenses can be transferred at no cost (for instance, in a “click and pay” frictionless computer world), the strategic behavior of the copyright holders would still create possible deadweight losses.In this context, we identify a number of critical variables that should guide and constrain the application of fair-use doctrines. These variables include (a) the number of copyright holders; (b) the degree of complementarity between the copyrighted inputs; (c) the degree of independence between the various copyright holders in the pricing of their licenses; and (d) ability to price discriminate.     

Shared genetic data and the rights of involved people.

The authors examine the two main attitudes toward genetics: Exceptionalism and Undervaluation. They firstly pose the basis of the matter from the scientific point of view and then verify how these two attitudes really work in the different fields where human genetics finds relevant applications, dealing with the questions arising from the unique characteristics of genetic data that is shared among the whole bio-group. Then some judicial cases related to the conflicts arising when genetic data are stored in repositories, whatever the aims and reasons, are presented and discussed. The matter is then considered from the criminal law perspective, in the light of the new possible implications of DNA fingerprinting in criminal investigations. Finally, some general considerations on opposing Exceptionalism/Undervaluation viewpoints and the real reason for making up new rules are presented.     

Denial of pregnancy and neonaticide: A historical overview and case report

While denial of pregnancy and neonaticide are rare, they are potentially associated and share some risk factors. Neonaticide has been proposed as the extreme outcome of a denial of pregnancy. However, the process leading to such a possible outcome is not yet fully understood. The primary goal of this essay is to examine the various definitions and ambiguities surrounding the denial of pregnancy. The case of a young woman with a history of two denied pregnancies with diverse characteristics and outcomes, the latest of which resulted in neonaticide, is then reported and examined. A forensic psychiatric evaluation was also performed to reconstruct the woman's mental state at the time of the crime. The forensic pathological analysis of the newborn, abandoned near the sea while still alive, is described. The victim's body showed signs of shaken baby syndrome. We contend that differing levels of awareness during a denial of pregnancy might not be predictive of the potential delivery outcome in terms of threat to the newborn's survival, according to the forensic pathological and psychopathological data of the current case. Early identification of women affected by denial of pregnancy who pose a danger of committing infanticide is hampered by both intrinsic traits (dissimulation, unawareness, low propensity to seek assistance) and environmental factors (isolation, low socioeconomic level, poor education.). A previous history of denial of pregnancy should activate health and support services to reduce the potential risks for the mother and the child.