Managing commercial risks in open source software licensing

Legal context: The article reviews the commercial risk allocation clauses intypical open source licence terms and discusses their enforceabilityand implications. Key points: The enforceability of warranty disclaimers and limitation ofliability clauses in common open source licence terms is questionable,particularly in a cross-border context, and commercial licensorsshould take additional steps to protect themselves from down-streamrisks. Practical significance: Open source software presents a number of unusual commercialissues, because it is available free of charge and the providerstry to disclaim warranties and liabilities. End users and resellershave to adjust their own in- and out-licensing models to accommodatethis situation.     

Miscarriage of Justice? Postcolonial Reflections on the ‘Trial’ of the Maharajah of Baroda, 1875

This article revisits the Baroda Incident 1875, providing a detailed examination of the Enquiry or ‹trial’ for the first time, and locating that examination in the wider socio-cultural context of the nineteenth century British Empire (especially the Raj) and the exporting of the ‹British’/English legal culture to the Empire. The implications of the establishing of British principles of justice, including the value placed upon Indian-generated evidence and testimony by the courts, are explored, in order to establish the Baroda Incident as a significant miscarriage of justice. Using historical methodologies as well as postcolonial insights, it demonstrates that the concepts of justice on which the British prided themselves were intrinsincally racialised as well as gendered, with profound modern resonances. Dr. Judith Rowbotham is a Reader, School of Arts and Humanities, Nottingham Trent University.     

Teaching Students How to Use Emotions as They Negotiate

Given that emotions are inescapable and complex, how do you teach students how to deal with them? This article offers instuctors a practical approach. It suggests that instructors and students turn their attention away from emotions and toward a more limited set of core emotional concerns that stimulate many emotions. The article describes ways to teach students how to use these core concerns as tools to understand the emotional terrain and to stimulate helpful emotions.     

Dominance and Domestic Abuse Among Mexican Americans: Gender Differences in the Etiology of Violence in Intimate Relationships

Gender differences in dominance and aggressive behavior in intimate relationships among Mexican Americans were examined. Three hundred and sixteen Mexican American men and women took the Dominance Scale and the Conflict Tactics Scale 2 (CTS2). Results showed that power and possessiveness were associated with all types of aggressive behavior. Dominance was, however, expressed differently by men and women. High power and possessiveness were associated with all types of aggressive behavior. Decision-making power was also associated with physical assault, and high devaluation with inflicting injury among men. Among women, high power was only associated with physical assault, whereas possessiveness was associated with psychological aggression and physical assault. Devaluation was also high among women who inflicted injury on their male partners.