scholarly journals Section 108 Revision: Nothing New Under the Sun

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Brandon Butler ◽  
Carrie Russell
Keyword(s):  
Fair Use ◽  
The Sun ◽  
Access To Information ◽  
Political Climate ◽  
Current Form ◽  
Revision Process ◽  
History Of ◽  
The Law ◽  
The Cost

Section 108 of the Copyright Act lays out a series of specific protections for reproduction and distribution of copyrighted works by libraries and archives. Disagreement has always been associated with Section 108 as it strikes a balance between the needs of libraries and the market prerogatives of copyright holders, especially publishers. It is also part of a larger balance in the Copyright Act between specific ex-ceptions and flexible users’ rights embodied in Section 107, which cov-ers fair use. In the summer of 2016, the Copyright Office announced it was putting the finishing touches on a substantial rewrite of Section 108. To inform discussion of Section 108 revision, this article explores the history of Section 108 and of proposed Section 108 revisions, argu-ing that Section 108 has served libraries well in its current form, and that “reform” in the current political climate is unlikely to yield any worthwhile improvements to the statute. Instead, history shows that any revision process is likely to be a vehicle for restricting the activi-ties of libraries and raising the cost of access to information. Libraries should maintain the position that has guided them for more than half a century: vigilant defense of fair use and skepticism of negotiated specific exceptions. As this piece went to press, the Copyright Office re-leased its draft rewrite of the law, and a brief appendix reflects on how the draft stands up to the concerns we raise.

scholarly journals Paying for America’s Elections: The Bipartisan Campaign Reform Act of 2002 and Information Access

2019 ◽  
Vol 47 (4) ◽  
pp. 21
Author(s):  
Rachel Condon
Keyword(s):  
Campaign Finance ◽  
Information Access ◽  
American People ◽  
Access To Information ◽  
Federal Election ◽  
Legislative History ◽  
Election Process ◽  
History Of ◽  
The Law

This paper provides an overview of the legislative history of the Bipartisan Campaign Reform Act of 2002 (BCRA), known popularly as McCain-Feingold. It will also explore the challenges to the act in the courts. The paper will conclude with a review of access to campaign finance reports resulting from the Bipartisan Campaign Reform Act of 2002. With a rich legislative history that spans several Congresses as well as a history of judicial interventions which have shaped the law as it stands today, it is pertinent that the American people have access to information associated with the law so as to better understand the federal election process and assess its strengths and weaknesses in advance of the 2020 elections.

The Art of Chinese Philosophy

2020 ◽  
Author(s):  
Paul Goldin
Keyword(s):  
Chinese Philosophy ◽  
Philosophical Tradition ◽  
Current Form ◽  
Han Feizi ◽  
Textual History ◽  
Classical Chinese ◽  
History Of ◽  
Crucial Characteristic ◽  
The Way

This book provides an unmatched introduction to eight of the most important works of classical Chinese philosophy—the Analects of Confucius, Mozi, Mencius, Laozi, Zhuangzi, Sunzi, Xunzi, and Han Feizi. The book places these works in rich context that explains the origin and meaning of their compelling ideas. Because none of these classics was written in its current form by the author to whom it is attributed, the book begins by asking, “What are we reading?” and showing that understanding the textual history of the works enriches our appreciation of them. A chapter is devoted to each of the eight works, and the chapters are organized into three sections: “Philosophy of Heaven,” which looks at how the Analects, Mozi, and Mencius discuss, often skeptically, Heaven (tian) as a source of philosophical values; “Philosophy of the Way,” which addresses how Laozi, Zhuangzi, and Sunzi introduce the new concept of the Way (dao) to transcend the older paradigms; and “Two Titans at the End of an Age,” which examines how Xunzi and Han Feizi adapt the best ideas of the earlier thinkers for a coming imperial age. In addition, the book presents explanations of the protean and frequently misunderstood concept of qi—and of a crucial characteristic of Chinese philosophy, nondeductive reasoning. The result is an invaluable account of an endlessly fascinating and influential philosophical tradition.

A Left History of Liquorice: What It Means to Write "Left" History

2019 ◽  
Vol 23 (1) ◽  
Author(s):  
Bryan D. Palmer
Keyword(s):  
Historical Study ◽  
Right Wing ◽  
Special Edition ◽  
Political Climate ◽  
Historical Approach ◽  
History Of ◽  
The Impact

This article is part of a special Left History series reflecting upon changing currents and boundaries in the practice of left history, and outlining the challenges historians of the left must face in the current tumultuous political climate. This series extends a conversation first convened in a 2006 special edition of Left History (11.1), which asked the question, “what is left history?” In the updated series, contributors were asked a slightly modified question, “what does it mean to write ‘left’ history?” The article charts the impact of major political developments on the field of left history in the last decade, contending that a rising neoliberal and right-wing climate has constructed an environment inhospitable to the discipline’s survival. To remain relevant, Palmer calls for historians of the left to develop a more “open-ended and inclusive” understanding of the left and to push the boundaries of inclusion for a meaningful historical study of the left. To illustrate, Palmer provides a brief materialist history of liquorice to demonstrate the mutability of left history as a historical approach, rather than a set of traditional political concerns.

نظام التوثيق وأثره في إدارة الأصول الوقفية في دولة الإمارات العربية المتحدة: نماذج من إمارة الشارقة (Documentation System and its Impact on Endowment Managements in United Arabic Emirates: The Study of Emirate of Sharjah)

2019 ◽  
Vol 16 (2) ◽  
pp. 166-193
Author(s):  
مها بنت منصور الصائغ
Keyword(s):  
Human Life ◽  
Documentation System ◽  
The People ◽  
Endowment Management ◽  
Long Time ◽  
History Of ◽  
The Law

شهد تاريخ الأمة الإسلامية حضارة ونهضة عالمية في جميع مجالات الحياة الإنسانية، ومما كان له كبير الأثر في ذلك هو الأوقاف التي بدأت مع سيد البشرية محمد صلى الله عليه وسلم واستمرت بتنوع وشمولية إلى عصرنا الحالي؛ ولكن ما تعرضت إليه الأوقاف من إهمال وإقصاء وضياع يرجع لأسباب عديدة من أهمها غياب التوثيق الوقفي. تقوم الدراسة على تتبع مفهوم الوقف والتوثيق، والوقف في الإمارات العربية المتحدة ول سيما في إمارة الشارقة. توصلت الدراسة إلى نتائج منها: أن الأوقاف قائمة منذ زمن بعيد، وأن رغبة الواقف بالوقف وإقدامه عليها لم ينقصها سوى وثيقة، وأنه لا وثائق لها ولا مستندات، كما أن العرض الموجز لنشأة دائرة الأوقاف بالشارقة وسعيها لإحياء سنة الوقف ونشر ثقافته نراه يتضح شيئاً فشيئاً من خلال تفعيل مواد القانون والبحث حول الأنسب والأصح لحماية الأوقاف، ولم يكن هذا الاهتمام بالوقف إلا انعكاساً لتوجه الواقفين وتماشياً لرؤية الحكام وامتثالاً لنهج خير الأنام ورغبة في تكافل الأرواح وحباً للسلام. الكلمات المفتاحيّة: الوقف، التوثيق، المقارنة، الشارقة. Abstract The history of Islamic nation has witnessed a global civilization and it has had a great impact in all areas of human life, including the endowments that began with the master of humankind; Muhammad S.A.W. and it was continuing in diversity and comprehensively until our epoch. However, there are some problems related to endowment management such as negligence, exclusion and loss that due to many reasons. Among the most important reasons is the absence of endowment documentations. Therefore, the study aims to discuss the concept of endowment and documentation, as well as the endowment in United Arabic Emirates, especially in the Emirate of Sharjah. The study concluded that the practice of endowment has been existed for a long time, yet there are in need of endowment documentations. This study also found that the information related to the establishment of institution of endowment in Sharjah and its role has   spread widely to the people through the enforcement of the law and the implementation of the research related to the practice of endowment in order to sustain them in a good way. This documentation system was only a reflection of what has  stated in Shariah laws regarding the practice of endowment among the donors, so that it will be in line with the approach of good intentions and love of peace. Keywords: Endowment, Documentation, Comparison, Sharjah.   

Protecting the Desperate: The Regulation of Payday Lending

2015 ◽  
Vol 43 (1) ◽  
pp. 147-176
Author(s):  
Andrew J Serpell
Keyword(s):  
Consumer Credit ◽  
Law Reform ◽  
Payday Lending ◽  
Short Term ◽  
Payday Loans ◽  
The Law ◽  
The Right ◽  
Credit Contracts ◽  
The Cost

Payday loans are small-amount, short-term, unsecured, high-cost credit contracts provided by non-mainstream credit providers. Payday loans are usually taken out to help the consumer pay for essential items, such as food, rent, electricity, petrol, broken-down appliances or car registration or repairs. These consumers take out payday loans because they cannot — or believe that they cannot — obtain a loan from a mainstream credit provider such as a bank. In recent years there has been a protracted debate in Australia — and in several overseas jurisdictions — about how to regulate the industry. Recent amendments to the National Consumer Credit Protection Act 2009 (Cth) — referred to in this article as the 2013 reforms — are designed to better protect payday loan consumers. While the 2013 reforms provide substantially improved protection for payday loan consumers, further changes to the law may be warranted. This article raises several law reform issues which should be considered as part of the 2015 review into small amount credit contracts, including whether the caps on the cost of credit are set at the right level, whether the required content and presentation of the consumer warnings needs to be altered, whether more needs to be done to protect consumers who are particularly disadvantaged or vulnerable and whether a general anti-avoidance provision should be included in the credit legislation.

Galileo Unbound

2018 ◽  
Author(s):  
David D. Nolte
Keyword(s):  
Free Fall ◽  
The Sun ◽  
Quantum Field ◽  
Many Worlds ◽  
Quantum Particles ◽  
Light Rays ◽  
History Of ◽  
And Control ◽  
The Universe ◽  
Insight Into

Galileo Unbound: A Path Across Life, The Universe and Everything traces the journey that brought us from Galileo’s law of free fall to today’s geneticists measuring evolutionary drift, entangled quantum particles moving among many worlds, and our lives as trajectories traversing a health space with thousands of dimensions. Remarkably, common themes persist that predict the evolution of species as readily as the orbits of planets or the collapse of stars into black holes. This book tells the history of spaces of expanding dimension and increasing abstraction and how they continue today to give new insight into the physics of complex systems. Galileo published the first modern law of motion, the Law of Fall, that was ideal and simple, laying the foundation upon which Newton built the first theory of dynamics. Early in the twentieth century, geometry became the cause of motion rather than the result when Einstein envisioned the fabric of space-time warped by mass and energy, forcing light rays to bend past the Sun. Possibly more radical was Feynman’s dilemma of quantum particles taking all paths at once—setting the stage for the modern fields of quantum field theory and quantum computing. Yet as concepts of motion have evolved, one thing has remained constant, the need to track ever more complex changes and to capture their essence, to find patterns in the chaos as we try to predict and control our world.

Reading Max Weber's Sociology of Law

2020 ◽  
Author(s):  
Hubert Treiber
Keyword(s):  
Sociology Of Law ◽  
Important Work ◽  
Research Setting ◽  
Stages Of Development ◽  
History Of ◽  
History Of Law ◽  
The Law ◽  
Comprehensive Study

More than a simple guide through a complicated text, this book serves both as an introduction and as a distillation of more than thirty years of reading and reflection on Max Weber's scholarship. It is a solid and comprehensive study of Weber and his main concepts. It also provides commentary in a manner informed both historically and sociologically. Drawing on recent research in the history of law, the book also presents and critiques the process by which the law was rationalized and which Weber divided into four ideal-typical stages of development. It contextualizes Weber's work in the light of current research, setting out to amend misinterpretations and misunderstandings that have prevailed from Weber's original texts. Ultimately, this volume is an important work in its own right and critical for any student of the sociology of law.

This Is an Abridged Account of Delhi Which Is an Old City and One of the Chosen Ones amongst the Cities

2018 ◽  
Author(s):  
Mirza Sangin Beg
Keyword(s):  
Popular Culture ◽  
East India Company ◽  
Ordinary People ◽  
Work Spaces ◽  
History Of ◽  
English East India Company ◽  
Local Traditions ◽  
The Cost ◽  
The City ◽  
Cost Of Construction

The second part of the translation has three segments. The first is dedicated to the history of Delhi from the time of the Mahabharat to the periods of Anangpal Tomar to the Mughal Emperor Humayun as also Sher Shah, the Afghan ruler. In the second and third segments Mirza Sangin Beg adroitly navigates between twin centres of power in the city. He writes about Qila Mubarak, or the Red Fort, and gives an account of the several buildings inside it and the cost of construction of the same. He ambles into the precincts and mentions the buildings constructed by Shahjahan and other rulers, associating them with some specific inmates of the fort and the functions performed within them. When the author takes a walk in the city of Shahjahanabad, he writes of numerous residents, habitations of rich, poor, and ordinary people, their mansions and localities, general and specialized bazars, the in different skills practised areas, places of worship and revelry, processions exemplifying popular culture and local traditions, and institutions that had a resonance in other cultures. The Berlin manuscript gives generous details of the officials of the English East India Company, both native and foreign, their professions, and work spaces. Mirza Sangin Beg addresses the issue of qaum most unselfconsciously and amorphously.

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