The Jurisprudence of Transformation: Intellectual Incoherence and Doctrinal Murkiness Twenty Years After Campbell v. Acuff-Rose Music

Examining recent judicial opinions, this Article analyzes and critiques the transformative-use doctrine two decades after the U.S. Supreme Court introduced it into copyright law in Campbell v. Acuff-Rose Music. When the Court established the transformative-use concept, which plays a critical role in fair-use determinations today, its contours were relatively undefined. Drawing on an influential law-review article, the Court described a transformative use as one that adds “new expression, meaning or message.” Unfortunately, the doctrine and its application are increasingly ambiguous, with lower courts developing competing conceptions of transformation. This doctrinal murkiness is particularly disturbing because fair use is a key proxy for First Amendment interests in copyright law. This Article traces the evolution of transformative use, analyzes three key paradigms of transformative use that have gained prominence in the post-Campbell environment, and offers suggestions for a jurisprudence in which transformative use is a less significant component of the fair-use analysis

Context dependence of the event-related brain potential associated with reward and punishment

The error-related negativity (ERN) is an event-related brain potential elicited by error commission and by presentation of feedback stimuli indicating incorrect performance. In this study, the authors report two experiments in which participants tried to learn to select between response options by trial and error, using feedback stimuli indicating monetary gains and losses. The results demonstrate that the amplitude of the ERN is determined by the value of the eliciting outcome relative to the range of outcomes possible, rather than by the objective value of the outcome. This result is discussed in terms of a recent theory that holds that the ERN reflects a reward prediction error signal associated with a neural system for reinforcement learning

The ubiquitous 1100 charge ordering in organic charge-transfer solids

Charge and spin-orderings in the 1/4-filled organic CT solids are of strong interest, especially in view of their possible relations to organic superconductivity. We show that the charge order (CO) in both 1D and 2D CT solids is of the ...1100... type, in contradiction to mean field prediction of >...1010... CO. We present detailed computations for metal-insulator and magnetic insulator-insulator transitions in the theta-ET materials. Complete agreement with experiments in several theta systems is found. Similar comparisons between theory and experiments in TCNQ, TMTTF, TMTSF, and ET materials prove the ubiquity of this phenomenon.Comment: 3 pages, 4 eps figures; ICSM 200

Ion mass spectrometer

An ion mass spectrometer is described which detects and indicates the characteristics of ions received over a wide angle, and which indicates the mass to charge ratio, the energy, and the direction of each detected ion. The spectrometer includes a magnetic analyzer having a sector magnet that passes ions received over a wide angle, and an electrostatic analyzer positioned to receive ions passing through the magnetic analyzer. The electrostatic analyzer includes a two dimensional ion sensor at one wall of the analyzer chamber, that senses not only the lengthwise position of the detected ion to indicate its mass to charge ratio, but also detects the ion position along the width of the chamber to indicate the direction in which the ion was traveling

Food with Integrity?: How Responsible Corporate Officer Prosecutions Under the Federal Food, Drug, and Cosmetic Act Deny Fair Warning to Corporate Officers

[W]hen it comes to food safety, we have to rely on the companies that manufacture and distribute food to ensure that the food we buy is safe. In fact, most consumers give little thought to the safety of their food. I know I don’t and I bet many of you don’t either. We simply don’t expect to get sick from the food at our favorite restaurant, or from peanut butter or the eggs or the cantaloupes or the countless other products that we buy at the supermarket. That is why food safety is a priority for the Justice Department. Our role in protecting consumer safety is at its apex when consumers can least protect themselves.