Promoting Progress with Fair Use

The Intellectual Property (IP) Clause provides that Congress has the power to promote the Progress of Science and useful Arts by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. In the realm of copyright, Congress and the courts have interpreted the clause as granting Congress a power not to promote progress but to establish limited IP monopolies. To return to an understanding of the IP power better grounded in the constitutional text, Congress and the courts should ensure that any IP enactment promote[s] ... Progress by considering whether it improves the quality or quantity of knowledge and aids the dissemination of knowledge, and whether it does so better than prior IP enactments. The courts can exercise the fair-use doctrine to aid in this re-constitutionalization of IP law by applying a fifth fair-use factor. This proposed fifth factor would balance the progress-promoting value of the alleged infringer\u27s use against the progress-promoting value of enforcing the copyright holder\u27s rights. Reviewing courts should presume that any alleged infringement is fair if it promotes progress better than the enforcement of the copyright

The Role of Religious and Social Organizations in the Lives of Disadvantaged Youth

This paper examines whether participation in religious or other social organizations can help offset the negative effects of growing up in a disadvantaged environment. Using the National Survey of Families and Households, we collect measures of disadvantage as well as parental involvement with religious and other social organizations when the youth were ages 3 to 19 and we observe their outcomes 13 to 15 years later. We consider a range of definitions of disadvantage in childhood (family income and poverty measures, family characteristics including parental education, and child characteristics including parental assessments of the child) and a range of outcome measures in adulthood (including education, income, and measures of health and psychological wellbeing). Overall, we find strong evidence that youth with religiously active parents are less affected later in life by childhood disadvantage than youth whose parents did not frequently attend religious services. These buffering effects of religious organizations are most pronounced when outcomes are measured by high school graduation or non-smoking and when disadvantage is measured by family resources or maternal education, but we also find buffering effects for a number of other outcome-disadvantage pairs. We generally find much weaker buffering effects for other social organizations.

Topological Chaos in a Three-Dimensional Spherical Fluid Vortex

In chaotic deterministic systems, seemingly stochastic behavior is generated by relatively simple, though hidden, organizing rules and structures. Prominent among the tools used to characterize this complexity in 1D and 2D systems are techniques which exploit the topology of dynamically invariant structures. However, the path to extending many such topological techniques to three dimensions is filled with roadblocks that prevent their application to a wider variety of physical systems. Here, we overcome these roadblocks and successfully analyze a realistic model of 3D fluid advection, by extending the homotopic lobe dynamics (HLD) technique, previously developed for 2D area-preserving dynamics, to 3D volume-preserving dynamics. We start with numerically-generated finite-time chaotic-scattering data for particles entrained in a spherical fluid vortex, and use this data to build a symbolic representation of the dynamics. We then use this symbolic representation to explain and predict the self-similar fractal structure of the scattering data, to compute bounds on the topological entropy, a fundamental measure of mixing, and to discover two different mixing mechanisms, which stretch 2D material surfaces and 1D material curves in distinct ways.Comment: 14 pages, 11 figure

Conversion of sustained release omeprazole loaded buccal films into fast dissolving strips using supercritical carbon dioxide (scCO2) processing, for potential paediatric drug delivery

This study involves the development of thin oral solvent cast films for the potential delivery of the proton pump inhibitor, omeprazole (OME) via the buccal mucosa for paediatric patients. OME containing films were prepared from ethanolic gels (1% w/w) of metolose (MET) with polyethylene glycol (PEG 400) (0.5% w/w) as plasticiser, and L-arginine (l-arg) (0.2% w/w) as a stabilizer and dried in an oven at 40 °C. The blank and drug loaded films were divided into two groups, one group was subjected to supercritical carbon dioxide (scCO2) treatment and the other group untreated. The untreated and scCO2 treated films were then characterised using differential scanning calorimetry, thermogravimetric analysis, scanning electron microscopy, X-ray diffraction, Fourier transform infrared spectroscopy, hydration (swelling), mucoadhesion and in vitro drug dissolution studies. Treatment of the solvent cast films with scCO2 caused significant changes to the functional and physical properties of the MET films. The original drug loaded MET films showed a sustained release of OME (1 h), whereas scCO2 treatment of the formulations resulted in fast dissolving films with > 90% drug release within 15 min

Does Standing on a Cycle-ergometer, Towards the Conclusion of a Graded Exercise Test, Yield Cardiorespiratory Values Equivalent to Treadmill Testing?

Graded exercise testing (GXT), per a cycle-ergometer (CE), offers safety and monitoring advantages over treadmill (TM) GXT. Unfortunately, CE-VO2max and some other cardiorespiratory (CR) variables are frequently lower than TM-GXT values. It has been difficult to compare TM and CE-GXT values. However, it was hypothesized that standing towards the conclusion of the CE-GXT (Stand-CE) might increase CE values to those equal to TM-GXT. If Stand-CE and TM-GXT CR values were equal, Stand-CE-GXT could become the method of choice for GXT for the general population. The purpose of this investigation was to investigate the effect of Stand-CE on CR variables. An intentionally diverse sample (N = 34, 24 males and 10 females, aged 18-54 y, with VO2max values 25-76 ml/kg/min) representing the general population participated. Volunteers completed two GXT trials, one per TM (Bruce protocol) and the other per a MET-TM-matched CE-GXT where initially-seated participants stood and pedaled after their respiratory exchange ratio (RER) reached 1.0. Eighteen participants underwent a third MET-TM-matched trial where they remained seated throughout GXT (Sit-CE). Trials were counter-balanced with at least 48 h between GXT. There were significant statistical differences (p \u3c 0.05) between TM and Stand-CE per matched-samples T-test (N = 34) on the following variables: VEmax (TM = 115 + 24.4 l/min, Stand-CE = 99.4 + 28.1), VCO2max (TM = 4.26 + 0.9 l/min, Stand-CE = 3.56 + 0.84), VO2max (TM = 44.9 + 9.1 ml/kg/min, Stand-CE = 39.3 + 9.0), METSmax (TM = 12.8 + 2.6 METS, Stand-CE = 11.2 + 2.5), and HRmax (TM = 175 + 13 bpm, Stand-CE = 166 + 12). One-way repeated measures ANOVA (N = 18) demonstrated no statistical differences between all trials: VEmax (TM = 112.8 + 25.3 l/min, Stand-CE = 102.3 + 25.2, Sit-CE = 107.3 + 33.1), VCO2max (TM = 4.17 + 0.99 l/min, Stand-CE = 3.62 + 0.80, Sit-CE = 3.55 + 0.83), VO2max (TM = 47.1 + 9.8 ml/kg/min, Stand-CE = 42.0 + 9.0, Sit-CE = 43.3 + 8.9), METSmax (TM = 13.5 + 2.8 METS, Stand-CE = 12.0 + 2.6, Sit-CE = 12.4 + 2.5), and HRmax (TM = 176 + 13 bpm, Stand-CE = 171 + 12, Sit-CE = 173 + 11). Results of this investigation suggest that TM-GXT CR values are larger than Stand-CE, and Stand-CE values are not different from Sit-CE. Future studies will test validity of these findings per gender, aerobic training status, in populations that are highly-skilled with TM and CE (tri-athletes), children, the elderly, and diseased populations

Improved Cosmological Constraints from Gravitational Lens Statistics

We combine the Cosmic Lens All-Sky Survey (CLASS) with new Sloan Digital Sky Survey (SDSS) data on the local velocity dispersion distribution function of E/S0 galaxies, $\phi(\sigma)$, to derive lens statistics constraints on $\Omega_\Lambda$ and $\Omega_m$. Previous studies of this kind relied on a combination of the E/S0 galaxy luminosity function and the Faber-Jackson relation to characterize the lens galaxy population. However, ignoring dispersion in the Faber-Jackson relation leads to a biased estimate of $\phi(\sigma)$ and therefore biased and overconfident constraints on the cosmological parameters. The measured velocity dispersion function from a large sample of E/S0 galaxies provides a more reliable method for probing cosmology with strong lens statistics. Our new constraints are in good agreement with recent results from the redshift-magnitude relation of Type Ia supernovae. Adopting the traditional assumption that the E/S0 velocity function is constant in comoving units, we find a maximum likelihood estimate of $\Omega_\Lambda = 0.74$--0.78 for a spatially flat unvierse (where the range reflects uncertainty in the number of E/S0 lenses in the CLASS sample), and a 95% confidence upper bound of $\Omega_\Lambda<0.86$. If $\phi(\sigma)$ instead evolves in accord with extended Press-Schechter theory, then the maximum likelihood estimate for $\Omega_\Lambda$ becomes 0.72--0.78, with the 95% confidence upper bound $\Omega_\Lambda<0.89$. Even without assuming flatness, lensing provides independent confirmation of the evidence from Type Ia supernovae for a nonzero dark energy component in the universe.Comment: 35 pages, 15 figures, to be published in Ap

From Ideas to Practice, Pilots to Strategy: Practical Solutions and Actionable Insights on How to Do Impact Investing

This report is the second publication in the World Economic Forum's Mainstreaming Impact Investing Initiative. The report takes a deeper look at why and how asset owners began to include impact investing in their portfolios and continue to do so today, and how they overcame operational and cultural constraints affecting capital flow. Given that impact investing expertise is spread among dozens if not hundreds of practitioners and academics, the report is a curation of some -- but certainly not all -- of those leading voices. The 15 articles are meant to provide investors, intermediaries and policy-makers with actionable insights on how to incorporate impact investing into their work.The report's goals are to show how mainstream investors and intermediaries have overcome the challenges in the impact investment sector, and to democratize the insights and expertise for anyone and everyone interested in the field. Divided into four main sections, the report contains lessons learned from practitioner's experience, and showcases best practices, organizational structures and innovative instruments that asset owners, asset managers, financial institutions and impact investors have successfully implemented