34,685 research outputs found

    Rationales and Argument Moves

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    The Slow Work of Democracy: Resisting Reductionist Views of Women and Children

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    In her research article "State your defense!": Children negotiate analytic frames in the context of deliberative dialogue," Hauver offers important contributions to the field of elementary civic education that illuminate how young people apply various analytical frames to make collective decisions. First, I highlight significant contributions of her work, namely children's capabilities to build perspective-taking through dialogue, which I suggest can be more solidly grounded in a sociocultural framework, not a developmental one. Second, I offer suggestions toward such a theoretical framework that loosens determinism for children's development and offers a less deterministic framework for women. My review seeks to amplify Hauver's important findings by suggesting more theoretical cohesion as well as more contemporary and critical frameworks. [For "'State Your Defense!' Children Negotiate Analytic Frames in the Context of Deliberative Dialogue," see EJ1162608.

    Expanding Preferential Treatment Under the Record Rental Amendment Beyond the Music Industry

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    In January 2007, the Sixth Circuit Court of Appeals decided Brilliance Audio, Inc. v. Haights Cross Communications, Inc. and answered a lingering question concerning the Copyright Act that had persisted for over twenty years. The court decided whether the protections offered to the music industry under the poorly drafted Record Rental Amendment of 1984 also extended to audiobooks and other non-musical works. This Act deprives owners of items such as tapes and compact discs from renting those items to others without the consent of the copyright owners of the recorded song and the written lyrics and music - a right historically granted to consumers under the first sale doctrine. Ultimately, the court held that the special protections granted by the Record Rental Amendment were limited to the music industry. However, both the majority and vigorous dissenting opinions highlighted the differing interpretations of the Act\u27s applicability and set the stage for a circuit split. This article first explores the text and historical developments of copyright law\u27s first sale doctrine and the Record Rental Amendment and the Sixth Circuit\u27s interpretation thereof. Next, it examines whether the Record Rental Amendment should be amended to include audiobooks and other non-musical works and ultimately suggests two alternative amendments Congress should adopt to resolve future conflicts and avoid a split amongst the circuits

    The truth about hedge funds

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    Do hedge funds help or hurt the financial markets in which they operate? The highly publicized troubles of Long Term Capital Management have once again focused the attention of policymakers and the press on the hedge fund industry and the cry for its regulation. This Economic Commentary refutes some of the commonly held myths about hedge funds and examines the rationale for regulating them.Hedge funds ; Investments

    Institutional theory and legislatures

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    Institutionalism has become one of the dominant strands of theory within contemporary political science. Beginning with the challenge to behavioral and rational choice theory issued by March and Olsen, institutional analysis has developed into an important alternative to more individualistic approaches to theory and analysis. This body of theory has developed in a number of ways, and perhaps the most commonly applied version in political science is historical institutionalism that stresses the importance of path dependency in shaping institutional behaviour. The fundamental question addressed in this book is whether institutionalism is useful for the various sub-disciplines within political science to which it has been applied, and to what extent the assumptions inherent to institutional analysis can be useful for understanding the range of behavior of individuals and structures in the public sector. The volume will also examine the relative utility of different forms of institutionalism within the various sub-disciplines. The book consists of a set of strong essays by noted international scholars from a range of sub-disciplines within the field of political science, each analyzing their area of research from an institutionalist perspective and assessing what contributions this form of theorizing has made, and can make, to that research. The result is a balanced and nuanced account of the role of institutions in contemporary political science, and a set of suggestions for the further development of institutional theory

    Observable implications of Nash and subgame-perfect behavior in extensive games

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    We provide necessary and sufficient conditions for observed outcomes in extensive game forms, in which preferences are unobserved, to be rationalized first, partially, as a Nash equilibrium and then, fully, as the unique subgame-perfect equilibrium. Thus, one could use these conditions to find that play is (a) consistent with subgame-perfect equilibrium, or (b) not consistent with subgame-perfect equilibrium but is consistent with Nash equilibrium, or (c) consistent with neither.Revealed preference, subgame-perfect equilibrium

    Insider Trading in a Globalizing Market: Who Should Regulate What?

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    As the market for securities becomes increasingly global, the question of whose rules should apply to any particular transaction will arise with increasing frequency. The issue is examined

    Edufare for the future precariat: the moral agenda in Australia’s ‘earning or learning’ policy

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    This paper considers the educational experience constructed under Australia’s policy decision in 2009 to extend compulsory education by requiring that students must be ‘earning or learning’ till 17 years of age. The discussion draws on an empirical project that explored the moral order operating in classrooms for students retained under this policy in non-academic pathways in high schools and Technical and Further Education colleges across three towns experiencing youth employment stress. It asks how the policy regulating these students’ prolonged engagement with formal education plays out in classroom interactions, to what end and to whose benefit. A theoretical lens informed by work by Standing and Wacquant is used to understand the contemporary moment, and work by Durkheim and Bernstein unpacks the moral work implicated in classroom interactions. The analysis describes the light curriculum and the heavy compliance demanded in these ‘edufare’ programmes then argues that in essence the policy seeks to manage the social risk posed by the future precariat. The conclusion reflects on whether this is an adequate policy response to broad generational changes in fortunes and prospects to which education may not have the answers
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