Why the Fair Use Doctrine Should be Eliminated

The concept of fair use was introduced in the Copyright Act of 1976 as a means of allowing limited free access to copyrighted material. However, the application of fair use principles in the adjudication of infringement cases has demonstrated a fundamental problem in our approach to intellectual property rights. In much the same way as Hardin recognized a tragedy of the commons, continued efforts to make decisions based on the fair use doctrine run the risk of creating an information anti-commons.     

Linking coalition attitudes and split-ticket voting: The Scottish Parliament elections of 2007

The Scottish Parliament elections of 2007 were the third to be held under the country’s mixed-member proportional system. As voters continue to adapt to the new system, we explore two aspects of its use: i) preferences for coalitions as opposed to single-party government, and ii) ticket-splitting. The two are considered together for two reasons. First, both can be seen as manifestations of a preference for multiple parties, and as a result they share a number of likely predictors in common. In empirical practice, however, we find that rather different factors predict the two variables: ticket-splitting looks to be based on strategic partisan or ideological calculation, whereas coalition attitudes are less about partisan interests and more about an overall view of the kind of policies and politics delivered by coalitions. Second, there is potential for a causal connection between our two dependent variables, and indeed we do find clear evidence of such an attitude–behaviour link: some voters appear to split their ticket precisely because they would prefer a coalition.     

Does price really converge among provinces in Canada？ A study using unit root tests for cross-sectional panels

This paper examines price convergences across different provinces in Canada using 1983-2006 data. We adopt the new panel unit root tests for analysis that can correct for cross-sectional correlation. Our findings are contrary to previous studies and we conclude that intra-national price convergence does not occur. We also briefly discuss the reasons for the absence of convergence within Canada.     

Self-reported personality traits in forensic populations: a meta-analysis

The current study covers a systematic review and meta-analysis of the prevalence of self-reported deviant or disruptive personality traits: anger, aggression, hostility, antisocial traits, psychopathy, and impulsivity in forensic populations worldwide. A computer-based search of titles was carried out using the PubMed electronic database for articles published in English that included a self-report instrument for personality characteristics in combination with a forensic population (i.e. detained in remand, sentenced and/or in enforced treatment, or on parole). The final sample consisted of 39 studies (N?=?11,716) that together used 17 different instruments and reported on 32 subscales or constructs that fitted our current interest. Results showed significantly higher levels of self-reported antisocial and psychopathic features in forensic samples, including a significant effect of the assessment instrument and subscale used. No significant differences were found for self-reported impulsivity, anger, aggression, or hostility in forensic populations compared to norm scores of non-forensic samples. Possible explanations, including suggestions that forensic populations are prone to providing socially desirable answers on self-report questionnaires, possibly to gain advantages such as a lower prison sentence or to avoid enforced treatment, are discussed, as well as limitations, and suggestions for future research and clinical practice.     

Assessing China's Rise and US Leadership in Asia—growing maturity and balance

The common prediction in media and specialist commentary during much of the past decade was that Asia was adjusting to an emerging China-centered order and US influence was in decline. Over time, it became clearer that developments in the region showed a more complex reality. A growing contingent of scholars and specialists looked beyond accounts that inventoried China's strengths and US weaknesses and carefully considered other factors, including Chinese limitations and US strengths, before making their overall judgments. These more comprehensive and balanced assessments tempered sometimes alarming implications of earlier predictions of China's rise and decline in US leadership. This article reviews the evolution over the past decade of media and specialist assessments of China's rise and its implications for US leadership in Asia in order to draw lessons from this evolution in analysis and what the lessons might mean for future assessments of China's increasing role in Asian and world affairs.     

Socioeconomic impacts of the proposed federal gaming tax

We review the history of gaming and its taxation in the U.S., particularly in regard to the idea of “sin taxes” which were often presented as policy instruments intended to control problem gamblers. The review suggests that raising taxes neither encourages moderation nor replaces negative external costs. We follow the review with a socioeconomic impact analysis of a proposed four percent Federal Gaming Tax by simulating its impact on Clark County, Nevada for the period 1995-2004 using a large scale econometric multi-regional model. Clark County is of interest because it is where Las Vegas is located. The analysis reveals that the proposed tax would lead to a measurable decline in Clark County's jobs, population, disposable income, and total industrial during the forecast period. By 2004, total industrial output would be 1.3 percent lower under the proposed tax and Clark County would experience a loss of $1.39 in real disposable income for every gaming tax dollar collected by Federal Government. These reductions, coupled particularly with the loss of thousands of jobs in Las Vegas area hotels/casinos predicted by the analysis suggest that increased demands on social services in Clark County would result. These findings, together with the lack of evidence that raising taxes would promote moderation or reduce external negative costs, lead us to argue that excise taxes represent an unattractive option.     

The Confluence of Domestic and International Interests: U.S. Policy Toward Cuba, 1998–2001

This article examines the confluence of forces at work to shape U.S. policy toward Cuba since the late 1990s. Our approach examines four key factors involved in policymaking toward Cuba in this period: (1) the entry of new interest groups into the Cuba policy process and an "entrepreneurial" Congress; (2) the executive's constitutionally based interests; (3) bureaucratic interests; and (4) pressure from outside the United States. We examine U.S.–Cuba policy by describing each determinant in isolation and then by looking at the dynamic interaction among them, showing how they are linked together. In doing so, we argue that an analysis including multiple factors better explains U.S. policy toward Cuba than one that focuses on a single factor such as the power of the Cuban-American community.