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101.
Kathleen K. Olson 《Communication Law & Policy》2013,18(2):153-176
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. 相似文献
102.
Kay L. O'Halloran 《社会征候学》2013,23(3):317-354
Systemic frameworks for discourse analysis of visual/verbal and mathematics texts are used to examine the functionality of language? visual display and mathematical symbolism, and the meaning arising from interaction and interdependence between these semiotic codes in joint constructions. The nature of the interaction between options, classified as unmarked or marked, determines the meaning made in that instance and, more generally, provides an impetus for the expansion of the meaning potential of each semiotic. The phenomenon where semantic shifts occur when functional elements are reconstrued in another semiotic is called semiotic metaphor. Rather than the notion of an overlay of meaning typically associated with grammatical metaphor, the potential exists here for more dramatic forms of semantic shift. Examples of semiotic metaphor categorised as ‘parallel semiotic metaphor’ and ‘divergent semiotic metaphor’ are given in the text analysis. 相似文献
103.
ABSTRACTHow 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. 相似文献
104.
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. 相似文献
105.
Cristóbal Kay 《Third world quarterly》2013,34(6):1073-1102
Scholars and policy makers have long debated the causes of the spectacular economic success achieved by the East Asian newly industrialising countries ( NICs ) as well as the lessons that other developing countries can learn from this development experience. Latin America started to industrialise many decades before the East Asian NICs and yet was quickly overtaken by them in the last few decades. This article explores the agrarian roots that may explain the different development trajectory and performance of the East Asian NICs, particularly South Korea and Taiwan, and Latin America. The analysis focuses mainly on three interconnected factors in seeking to understand why the East Asian NICs outperformed Latin America: 1) state capacity and policy performance or 'statecraft'; 2) character of agrarian reform and its impact on equity and growth; 3) interactions between agriculture and industry in development strategies. 相似文献
106.
107.
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.
相似文献
Jodi L. ViljoenEmail: |
108.
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. 相似文献
109.
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. 相似文献
110.
Kathleen A. Fox Angela R. Gover Catherine Kaukinen 《American Journal of Criminal Justice》2009,34(3-4):181-197
This study examines sex differences among stalking victimization using two theoretical perspectives: self-control and the intergenerational transmission of violence. A sample of 1,490 undergraduate students at a large southeastern university were surveyed and asked to report their experiences with stalking, childhood maltreatment, and self-control. Given that men and women may experience stalking, self-control, and child maltreatment differently, logistic regression models were estimated separately to disentangle sex differences. Findings indicate that women are more likely than men to be victims of stalking. Childhood maltreatment was significantly related to stalking victimization for both men and women whereas low self-control was significantly related to stalking victimization for women only. Implications for policy and directions for future research are discussed. 相似文献