Digital technology: its impact on copyright law and practice in North America

Legal context. The effect of rapid technological change on copyrightlaw in Canada and the United States, and in particular on thebalance between creators' rights and users' rights. Key points. Copyright law involves a balance between the rightsof both creators and users. When initially faced with fast-evolvingdigital technology, the courts struggled with the balancingact and tipped it in favour of users' rights. The Supreme Courtof Canada elevated various exceptions to infringement to userrights, and cautioned against a low standard of originalitywhich would favour creators' rights. The US Court of Appealsremarked that introduction of new technology is disruptive tocopyright owners whose works are sold through traditional mechanisms;and others suggested that a bias in favour of owners rightsmay have well impeded the development of digital culture. Despitethe initial struggles, legislative changes, market forces andrecent deference by the courts to the balancing of various interests,have slowly restored the copyright balance, even when facedwith rapid technological change. Practical significance. Copyright litigants must give carefulconsideration to the balance between creators' and users' rights,and be prepared to justify traditional copyright protectionin fields of new technology.     

Deep Probe: The Evolution of Network Intelligence

Over the last several decades, civil society activists and non-governmental organizations have been employing new information and communication technologies, such as the Internet, to facilitate their activities. At the same time, an increasing number of computer scientists, hackers, and engineers have become increasingly politicized, contributing their skills to security, privacy, and networking tools used by civil society organizations worldwide. The merging of these two social forces, and their sophisticated uses of technology for political action, is giving rise to a new form of distributed information and communication networking that I refer to as ‘network intelligence’.     

Academic potential among African American adolescents in juvenile detention centers: Implications for reentry to school

The study explores Black adolescent detainees academic potential and motivation to return to school to inform best practices and policies for juvenile reentry to educational settings. Adolescent detainees (N = 1,576) who were recruited from one male and one female youth detention facility, responded to surveys that assessed post-detention educational plans, as well as social and emotional characteristics, and criminal history. Multivariate analysis techniques were used to compare factors across race and gender, and plot linear relationships between key indicators of academic potential with associate factors. Findings revealed that youth were more likely to evince academic potential when they had a healthy level of self-esteem, adequate future goal orientation, positive mood, family and community involvement, fewer traumatic events, and less delinquent activity.     

证据法的理论基础和意义

证据和证据法是两个截然不同的概念。证据一般是指在裁决过程中能以理性方式影响最终判决结果的那些输入信息。理性方式是这里引入的第三个概念。在美国,证据还有一个专业性法律意义,特指在审判中提出的证言和展示件,但这是一个存在争议的定义。在美国,事实认定者(陪     

证据与推论——兼论概率与似真性(英文)

今天的讲座和前四讲有一些不同。在前四讲中,我所分析的都是证据法的公认领域,试图说明我们何以能够通过运用各种分析工具来更深刻地理解它们。今天我不想讨论证据法的传统领域,而要讨论在美国和其他几个国家正在进行的一项重要研究工作,这涉及我们所称的司法证明的性质。该研究领域并不论及像传闻规则那样的证据法特定领域,而是关于证据法根基的探讨。     

Trends and pattern of drug abuse deaths in Maryland teenagers

The Office of the Chief Medical Examiner of Maryland recorded a total of 149 drug abuse deaths of teenagers aged 13-19 years between 1991 and 2006. Of these deaths, 96 (64.4%) were caused by the use of narcotic drugs only, 29 (19.5%) by both narcotics and cocaine, four (2.7%) by both narcotics and methylenedioxymethamphetamine, six (4.0%) by cocaine only, and 14 (9.4%) by volatile substances (e.g., butane, Freon, nitrous oxide, and propane). The annual death rate from drug abuse for teenagers increased from 1.4 deaths per 100,000 population in 1991 to 2.7 deaths per 100,000 population in 2006 (chi-square test for time trend, p<0.01). The increase in teenager drug abuse deaths occurred in 1999 and since has remained at a higher rate. Further analysis revealed that the increase in drug abuse deaths was attributable to a large degree to narcotic drugs, particularly heroin/morphine and methadone, and was confined to teenagers residing in the suburban and rural areas.