The Future of Fair Use

Despite the warnings of copyright scholars at the turn of the twenty-first century, the future of the fair use doctrine is bright. This essay considers the recent trend of fair use cases and offers specific examples of changes in fair use jurisprudence regarding courts’ use and definitions of transformativeness that belie the earlier doomsday scenarios and suggest instead the promise of further expansion of fair use. These trends should give hope for the future to those who believe a robust fair use doctrine is necessary to keep the proper balance between copyright owners and the public interest.     

Social Support Choices for Help with Abusive Relationships: Perceptions of African American Women

A recent national telephone study of the African American community found that over 90% of respondents would feel comfortable talking to a family member or friend who was being abused about the abuse, with the majority advising she get help from a domestic violence program. The purpose of this study was to understand how comfortable abused women would feel talking to members of her support system about the abuse and how comfortable women who have not experienced partner abuse would feel if they were abused. Over 70% of women who have experienced abuse reported at least some comfort getting assistance for abuse from a friend, clergy/spiritual leader, Black community member, family member their age, or physician. Women who reported never experiencing physical or sexual partner violence were less likely to perceive feeling comfortable getting assistance from their social support systems (both formal and informal) if they were abused. Implications of these findings are discussed.     

Transitions through Out-of-Keeping Acts

Within a negotiation, when an act by one party is out-of-keeping with the previous moves and underlying logic of the interaction, the act and those that follow hold the potential for creating a transition to a new logic of interaction. In this paper, we investigate the presence and role of seven distinct types of transitions resulting from out-of-keeping acts across ten complex legal negotiations. The data reveal that a critical feature differentiating across the types is the abruptness/gradualness of the transition. We explore the combination of relational, informational, and procedural acts comprising the transitions and find that all three components are present across transitions, but in different proportions and orders. Understanding the role of out-of-keeping acts in negotiations facilitates a more complete picture of the microprocesses involved in the creation of critical moments in negotiations.