What's mine is mine and what's yours is mine too: Converging U.S. intellectual property exhaustion doctrines

With the increasing dispersion of intellectual property comes the intellectual property rights owner's continued desire to retain that part of the equation for which the bargain was struck. In terms of patents, the patentee strikes a deal to disclose the invention to the public in exchange for a monopoly over its use for a limited term. Copyright holders contribute their works to the intellectual pool receiving value by sale, lease or license. In 2012–13, the U.S. Supreme Court was tasked with delineating the realms of two intellectual property exhaustion doctrines and answering the question of where to draw the line with regard to an IP owner's ability to control the protected invention or work via patent or copyright, respectively. In one case, the Court permitted the intellectual property owner to restrict a subsequent purchaser's use of the product subject to protection, while in the other case the Court rejected the intellectual property owner's attempt to control the downstream use or resale of the product. This article discusses the relevant intellectual property exhaustion doctrines, analyzes and reconciles the Court's decisions in these cases, and provides guidance for navigating restrictions on use of U.S. protected products and works around the globe.     

Timing is everything: a quantitative study of presidentialist regime dynamics in Eurasia, 1992–2016

Why do some countries with presidentialist constitutions feature more political closure than others at a given time? A quantitative study of post-Soviet countries since independence finds that much of the observed variation in political closure reflects timing, or the particular point at which a country happens to be within a regime cycle, rather than structural or other factors usually cited to explain regime change. Specifically, how much time a president has had to coordinate rivalrous networks around his or her authority is at least as strong a predictor of the level of regime closure as are economic development, economic growth, resource rents, proximity to Europe, and key cultural factors, even when controlling for the level of closure in the preceding year. This pattern is not found among countries with divided-executive constitutions, indicating it is related to the constitution rather than a general phenomenon.     

Collective Resistance under Authoritarianism: Elite–Mass Strategies in an Experimental Game

We create a collective resistance game in which elites control the distribution of resources if the masses are compliant. However, if the masses unanimously protest elite allocations, they can capture a greater share of resources for themselves. We study how Chinese villagers, randomly assigned to the role of elites and masses, play this game in repeated interactions under varying information conditions. We find significant variation in the extent to which participants gave weight in their decisions to (1) the amount of the elite allocation and (2) their beliefs about the likely choices of fellow group members. Many individuals made their decisions based primarily on the size of the elite allocation, choosing to protest if the elite offer fell below some threshold level. Only a small proportion of the respondents were attuned consistently to the behavioral intentions of fellow group members in deciding whether to protest the elite allocation. This heterogeneity of preferences among participants has significant implications for their prospects of achieving and sustaining collective action. Knowledge of the amount of resources controlled by elites at the start of the game affected mass calculations of the fairness of distributions and increased the frequency of mass protests. However, the elites exploited the decision rule of many mass members by buying off those individuals with the lowest thresholds, thus preempting or dissolving collective action. This research sheds light on elite–mass interactions under authoritarianism, and in particular on contentious politics in contemporary China.     

A Ten‐year Study of Suicides from a Rural/Suburban County

This study will discuss trends in suicide data compiled over 10 years in Dutchess County, NY, from 2004 to 2013. These data were based on reporting and examination standards recommended by the National Association of Medical Examiners and Department of Justice death investigation standards. Almost 300 cases were analyzed in terms of the deceased's gender, age, race, method of suicide, and weapon used. Results from this study agree with other reports showing significant differences for method of death both in terms of age and gender, with men more likely to choose firearms and women more likely to choose overdose. Furthermore, older persons were more likely to commit suicide by firearms, and the younger persons were more likely to commit suicide by overdose. However, other areas, such as method of suicide, differ from national statistics.     

A Computational Framework for Age‐at‐Death Estimation from the Skeleton: Surface and Outline Analysis of 3D Laser Scans of the Adult Pubic Symphysis

In forensic anthropology, age‐at‐death estimation typically requires the macroscopic assessment of the skeletal indicator and its association with a phase or score. High subjectivity and error are the recognized disadvantages of this approach, creating a need for alternative tools that enable the objective and mathematically robust assessment of true chronological age. We describe, here, three fully computational, quantitative shape analysis methods and a combinatory approach that make use of three‐dimensional laser scans of the pubic symphysis. We report a novel age‐related shape measure, focusing on the changes observed in the ventral margin curvature, and refine two former methods, whose measures capture the flatness of the symphyseal surface. We show how we can decrease age‐estimation error and improve prior results by combining these outline and surface measures in two multivariate regression models. The presented models produce objective age‐estimates that are comparable to current practices with root‐mean‐square‐errors between 13.7 and 16.5 years.     

Special-interest groups and growth

This paper explores empirically the relation between special-interest groups and economic growth. Our analysis exploits new data on the number of groups observed across countries and time, in order to mitigate the identification problems associated with earlier studies. Also in contrast to earlier work, we examine the impact of groups on two sources of growth??capital accumulation and technological change??in addition to the impact of groups on output growth. The findings are consistent with Olson??s (The rise and decline of nations: the political economy of economic growth, stagflation, and social rigidities. New Haven, Yale, 1982) claim that societies with greater numbers of interest groups grow slower, accumulate less capital, and experience reduced productivity growth relative to others.     

What the Secretary Said Next: ‘Public Rhetorical Leadership’ in the Australian Public Service

Every year, senior departmental secretaries in Australia deliver keynote speeches to a range of audiences. What are these secretaries talking about, and to whom are they directing their comments? This article will examine keynote addresses by the secretaries of the two key central agencies in Australia – the Department of Prime Minister and Cabinet and The Treasury – over the calendar years 2009 and 2010. I argue that ‘public rhetorical leadership’ by secretaries poses challenges for traditional understandings of Westminster governance. Utilising the concepts of public value theory, the significance of this ‘public rhetorical leadership’ is assessed in terms of its impacts on policy implementation and questions of accountability.