Medical regulation of cognitive enhancement devices: some concerns

The authors present a cogent and detailed case for altering the Medical Devices Directive to allow regulation of cognitive enhancement devices (CEDs). Protection against significant risk of harm, especially for the vulnerable, and promotion of benefit through informed use of CEDs are all good features of the proposal. However, the pre-market approval process has limitations, which we explore. We raise the possibility of ‘risk compensation’ in response to the introduction of safety measures, which could alter its effectiveness. The proposal alludes to use of ‘formally trained practitioners,’ which provide a further tier of regulation for CEDs within the proposal. We consider some positive and negative implications of this aspect of the proposal that might warrant further consideration.     

Alexis de Tocqueville on the Covenantal Tradition of American Federal Democracy

Perhaps no analyst of democracy's potentials for despotism andself-government understood better than Alexis de Tocquevillethe importance of the "favorable circumstances" of America'srepublican and religious origins. America's covenantal heritageinspired the public philosophy of federal liberty and the federalprinciple used to establish governments and political associationsin colonial New England. The Puritans, Tocqueville explained,created the bonds and the liberties of citizenship by theirassent to eternal, transcendent principles, as well as by theirconsent to government. The principles of covenant ultimatelyprovided the institutional and conceptual foundation of constitutionalgovernment, making America's federal democracy less vulnerableto possessive individualism and democratic despotism. Federalprinciples fostered an important indirect role for religionin American politics. Tocqueville not only analyzed the tensionbetween the requirements of faith and democratic norms, butalso distinguished covenantal ways of negotiating these concernsfrom the approach taken by later advocates of religious freedom,fames Madison and Thomas Jefferson. He argued that federalism'smoral foundations will be difficult to preserve if this tensionis resolved in ways that promote individual autonomy by underminingcovenantal thinking.     

Entrepreneurship ecosystems: an agent-based simulation approach

Knowledge acquisition and development of capabilities constitutes a key perspective in studies regarding the formation of new ventures. When examining entrepreneurship ecosystems, we find that the composition of a region influences the new knowledge acquired by the venture. The main aim of this study is to examine the influence of the new venture, the entrepreneur’s social capital, and the firm performance on the new venture’s knowledge acquisition activities. In particular, the study examines how the institutional context of a region influences new ventures’ knowledge acquisition actions during its growth, and in turn the level of sustained entrepreneurial activity within the region. The paper focuses on the formation of alliances by new ventures, one particular form of knowledge acquisition process that has been established as critical to new venture success in the high technology sector. The mechanisms for acquiring and transforming knowledge have the greatest impact on new venture formation, and in this context, the concepts of strategic knowledge arbitrage and strategic knowledge serendipity (SKARSE?) are validated through an agent-based simulation model. The main results focus on the effects of interactions between entrepreneurs and institutions in the process of new venture formation from a knowledge creation, dissemination, and absorption perspective.     

'These boots are made for walking': why most divorce filers are women

Because of the financial and social hardship faced after divorce,most people assume that generally husbands have instigated divorcesince the introduction of no-fault divorce. Yet women file fordivorce and are often the instigators of separation, despitea deep attachment to their children and the evidence that manydivorces harm children. Furthermore, divorced women in largenumbers reveal that they are happier than they were while married.They report relief and certainty that they were right in leavingtheir marriages. This fundamental puzzle suggests that the incentivesto divorce require a reexamination, and that the forces affectingthe net benefits from marriage may be quite complicated, andperhaps asymmetric between men and women. This paper considerswomen's filing as rational behavior, based on spouses' relativepower in the marriage, their opportunities following divorce,and their anticipation of custody.     

Courtship Violence Among College Students: A Comparison of Verbally and Physically Abusive Couples

This study used a modified version of the Conflict Tactic Scale (Straus, 1990) to measure the expression of verbal and physical aggression among 572 college students (395 females and 177 males) involved in dating relationships over the previous year. Results indicated that 82% (n = 465) of the total sample reported having engaged in verbally aggressive behavior with a dating partner over the past year, whereas 21% (n = 116) admitted to acting in a physically aggressive manner over the same interval. No significant gender-based difference was found for verbal aggression scores; however, females were significantly more likely to report using physical force than were male students. Male and female students who used verbal aggression were characteristically similar to each. Both had experienced aggression from a parent as children and had drunk alcohol within 3 hours (before or after) an argument with a dating partner. Male and female students who admitted using physical force were dissimilar except that both had experienced parent-child aggression. For male students, having witnessed conjugal violence and their general drinking patterns were also significantly related to their using physical force, whereas for females, the use of physical force was associated with drinking alcohol within 3 hours of an argument with a dating partner.     

Three Sorries and You’re In? Does the Prime Minister’s Statement in the Australian Federal Parliament Presage Federal Constitutional Recognition and Reparations?

Then newly elected Labor Prime Minister, Kevin Rudd, made a historic statement of “Sorry” for past injustices to Australian Indigenous peoples at the opening of the 2008 federal parliament. In the long-standing absence of a constitutional ‘foundational principle’ to shape positive federal initiatives in this context, there has been speculation that the emphatic Sorry Statement may presage formal constitutional recognition. The debate is long overdue in a nation that only overturned the legal fiction of terra nullius and recognised native title to lan with the High Court’s decision in Mabo in 1992. This article explores the implications of the Sorry Statement in the context of reparations for the generations removed from their families under assimilation policies (known since the Bringing Them Home Inquiry as the Stolen Generations). We draw out the utility of recent human rights statutes—such as the Human Rights Act 2004 (ACT)—as a mechanism for facilitating justice, including compensation for past wrongs. Our primary concern here is whether existing legal processes in Australia hold further capacity to provide reparation for Australian Indigenous peoples or whether their potential in that regard is already exhausted. We compare common law and statutory developments in other international jurisdictions, such as Canada, as an indication of what can be achieved by the law to facilitate better legal, economic and social outcomes for Indigenous peoples. The year 2008 also saw Canadian Prime Minister Stephen Harper express his apology to residential school victims in the Canadian Parliament, providing thematic and symbolic echoes across these two former colonies, which, despite remaining under the British monarchy, both forge their own path into the future, while confronting their own unique colonial past. We suggest that the momentum provided by the recent public apology and statement of “Sorry” by the newly elected Australian Prime Minister must not be lost. This symbolic utterance as a first act of the 2008 parliamentary year stood in stark contrast to the long-standing recalcitrance of the former Prime Minister John Howard on the matter of a formal apology. Rather than a return to a law enforcement-inspired “three strikes and you’re out” approach, Australia stands poised for an overdue constitutional and human rights-inspired “three ‘sorries’ and you’re in”.     

“Success” in policy piloting: Process,programs, and politics

Research has demonstrated that pilots contain multiple shifting purposes, not all of which relate to simple policy testing or refinement. Judging the success of policy pilots is therefore complex, requiring more than a simple judgment against declared goals. Marsh and McConnell provide a framework against which policy success can be judged, distinguishing program success from process and political success. We adapt Boven's modification of this framework and apply it to policy pilots, arguing that pilot process, outcomes and longer-term effects can all be judged in both program and political terms. We test this new framework in a pilot program in the English National Health Service, the Vanguard program, showing how consideration of these different aspects of success sheds light on the program and its aftermath. We consider the implications of the framework for the comprehensive and multifaceted evaluation of policy pilots.     

The effect of misperception on strategic behavior in legislative settings: Social psychology meets rational choice

This paper is about the conditions under which simple social psychological processes can affect collective decisions. In rational choice theory, social psychological effects are said to cancel out, be randomized, or be corrected by communication. Yet as Janis and Mann (1977) argued, there are generally recurring conditions in which such factors influence individual decisions. The question is, Under what conditions can we expect these factors to affect collective decisions? This paper suggests a general approach to identifying the effects of strategic misperception, illustrates it with an example of a social psychological process that affects player perceptions, and describes the preference distributions in which this simple process would change majority voting outcomes. The general conclusion is that strategic misperception may affect majority decisions under so many distributions of preferences that decisions cannot be predicted from knowledge of actors' preferences alone.     

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.