Private Property Concerning Digitized Cultural Goods: Artificial Scarcity and Appropriation through Reproduction

ABSTRACT

Intellectual property is a legal concept used to regulate cultural goods and artistic forms of expression. It constitutes a peculiar regulation, as it applies the categories of private property to intangible goods. With the spread of Information and Communications Technology (ICT), which has allowed for the reproduction and global diffusion of these cultural goods, conflicts concerning intellectual property have increased. This article attempts to analyze some difficulties in using a concept such as private property to approach the marketing of cultural goods, especially when technology eliminates the quality of scarcity of these goods, which can be infinitely reproduced at almost zero cost.     

Regulating Law Firms from the Inside: The Role of Compliance Officers for Legal Practice in England and Wales

Following the Legal Services Act 2007, which permitted the delivery of legal services through Alternative Business Structures (ABS), the Solicitors Regulation Authority required all regulated legal service firms to appoint Compliance Officers for Legal Practice (COLPs). COLPs are charged with taking reasonable steps to ensure that firms comply with their obligations, which entails interpreting what outcomes‐focused regulation (OFR) requires of the firm. Yet despite their importance, little is known about how compliance roles operate within legal service firms. We addressed this gap through a series of qualitative interviews that explored COLPs’ views of their roles, their attitudes to regulation, in particular to OFR, and to achieving compliance. We found that COLPs are a key regulatory mechanism in the context of firm‐based regulation and OFR and have a critical role to play in protecting and promoting professional values in both ABS and non‐ABS entities.     

Do intergovernmental grants create ratchets in state and local taxes?

A large literature on the ‘flypaper effect’ examines how federal grants to states at time period t affect state spending (or taxes) at time period t. We explore the fundamentally different question of how federal grants at time period t affect state tax policy in the future. Federal grants often result in states creating new programs and hiring new employees, and when the federal funding is discontinued, these new state programs must either be discontinued or financed through increases in state own source taxes. Government programs tend to be difficult to cut, as goes Milton Friedman’s famous quote about nothing being as permanent as a temporary government program, suggesting that it is likely that temporary federal grants create permanent (future) ratchets in state taxes. Far from being purely an academic question, this argument is why South Carolina’s Governor Mark Sanford attempted to turn down federal stimulus monies for his state. We examine both the impact of federal grants on future state budgets and how federal and state grants affect future local government budgets. Our findings confirm that grants indeed result in future state and local tax increases of roughly 40 cents for every dollar in grant money received in prior years.     

A correction to Potters and van Winden (1992)

This note amends the model of informational lobbying presented in Potters and van Winden (Public Choice 74:269–292, 1992). In the original article, the authors find that only separating and pooling equilibria exist when the cost of lobbying is intermediate and the policymaker’s prior favors the interest group’s preferred policy. However, we prove that a semi-separating equilibrium also exists under these conditions. Implications for lobbying behavior are discussed.     

Australian Citizenship and the Two World Wars

This article surveys Australian citizenship: its distinctive characteristics in the first half of the twentieth century, and how these were changed by the experience of the two world wars. It argues that Australian citizenship, at the time of Federation, was racially exclusive, imperial, masculine and deeply anchored in the traditional view of the military obligation of the individual to the state. The world wars, especially the war of 1939‐45, encouraged some adjustment to these ideas, particularly in terms of the imperial link, women's status and the social rights of Australians. However, these conflicts were fought within a context of imperial loyalty and the intensity of their demands reinforced military service in defence of the nation as the primary civic virtue. The centrality of Anzac to Australian nationalism also perpetuated a gendered dimension to Australian citizenship. The world wars therefore, for all their dramatic impact on the lives of Australian families and the national political culture, did not force a major reconceptualisation of Australian citizenship.     

Population Genomics and Research Ethics with Socially Identifable Groups

In this paper, the author questions whether the research ethics guidelines and procedures are robust enough to protect groups when conducting genetics research with socially identifiable populations, particularly with Native American groups. The author argues for a change in the federal guidelines in substance and procedures of conducting genetic research with socially identifiable groups.