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.     

A Desultory Defense of Democracy: OAS Resolution 1080 and the Inter-American Democratic Charter

This article evaluates the effectiveness of OAS mechanisms for safeguarding democracy through multilateral diplomacy, what some scholars have dubbed the interamerican defense of democracy regime. Drawing on a range of international relations theories, this study derives competing hypotheses about member states' responses to democratic crises in the Americas. It then analyzes all instances in which a collective response—that is, an application of Resolution 1080 or the Inter-American Democratic Charter—was debated in the OAS between 1991 and 2002. Patterns of state behavior suggest that domestic politics, rather than the structural or systemic traits of the interamerican system, best explain foreign policy responses to crises of democracy in the region. The OAS record in confronting such crises is uneven.     

Preparing to Be Colonized: Land Tenure and Legal Strategy in Nineteenth-Century Hawaii

In the late nineteenth and early twentieth centuries, throughout the Pacific Rim, European and American colonizers reorganized indigenous systems of property rights in land to make them look more like European property systems, with disastrous effects for the indigenous people involved. The very first of these schemes, however, was the Māhele of 1845–1855, which took place not in a colony but in the independent Kingdom of Hawaii. Why did the Hawaiians do this to themselves? I argue that the Māhele was a sophisticated and partially successful response to the prospect that Hawaii would soon be colonized. The object of the Māhele was to ensure that in the event of annexation, Kamehameha III and other elite Hawaiians would not be dispossessed of their landholdings. The strategy was to convert those landholdings into a legal form that would be recognized by an incoming colonial government—whether American, British, or French—as private property.     

R&D value mapping: A new approach to case study-based evaluation

This study presents an approach to harnessing the power of case studies for research evaluation calledR&D value mapping (RVM). While this method uses case studies in the traditional manner to provide in-depth insights, it also structures case studies through an analytical framework that yields quantitative data and less subjective “lessons learned”. When properly applied, RVM can yield an inventory of outcomes and empirical generalizations regarding the determining variables. A particular advantage of the approach is that it not only provides an indication of the type and amount (though not a single numerical index) of outcome, but also gives insight into the reasons outcomes are achieved. Thus, RVM is useful for policy management strategies seeking to replicate success. The specific steps associated with the RVM method are illustrated through studies that have applied the technique. The authors gratefully acknowledge support from of the Department of Energy, Basic Energy Sciences and previous contracts from Sandia National Laboratories and the New York State Energy Research & Development Authority. A number of persons have made useful comments on the RVM method. We are particularly grateful to David Roessner, Juan Rogers, Gretchen Jordan and Iran Thomas.     

Liberal Equality, Exploitation, and the Case for an Unconditional Basic Income

This paper considers whether arguments presented in Philippe Van Parijs' Real Freedom for All: What (if Anything) Can Justify Capitalism? succeed in rebutting the objection that the introduction of a substantial unconditional basic income (UBI) would allow non-working citizens to free-ride on the efforts of, and so exploit, working citizens. It considers Van Parjis' 'external assets argument' for UBI, and finds that this argument does not succeed in reconciling payment of a substantial UBI with the reciprocity principle which underpins this 'exploitation objection'. It considers and rejects Van Parijs' implicit claim that the exploitation objection must be grounded in a distributive principle which contradicts the egalitarian commitment to prevent brute luck inequality. It concludes that Van Parjis has failed, thus far, to articulate a convincing response to the exploitation objection.     

Punishing corporate criminals with restraint

This article is a revised version of a paper originally written for, and presented at, the eighth international conference of the Society for the Reform of Criminal Law, Hong Kong, December 4–8, 1994. Parts have been published in Don Stuart,Canadian Criminal Law 575-91 (3d ed. 1995).     

Facing the powers that be

Lobbyists, entrenched forces in congress and self-interested friends will try to stymie Clinton's efforts. A look at four key arenas of combat.