If Hip-Hop Were Classified and the Pentagon Papers Had Been Copyrighted: An Analysis of Whether the Fair Use Defense in Copyright Law is Broad Enough to Protect First Amendment Concerns

This paper will show that copyright law conflicts with the First Amendment in that the fair use doctrine is insufficient to protect the fundamental rights and interests that underlie the First Amendment\u27s protection of speech. To do this, the paper will examine three primary justifications of the First Amendment: individual liberty, the marketplace of ideas, and political participation. The paper will also analyze multiple situations, in which parties bring copyright suits and the defendants claim fair use, to determine whether the fair use doctrine protects the First Amendment. This paper will show that if one accepts either a marketplace of ideas or a personal expression justification for the First Amendment, copyright law will lead to unacceptable results. The limited purpose of copyright cannot justify the inroads into the Bill of Rights from copyright law

Symbolic Franco: Spain’s Dictator in the American Conservative Imagination, 1950-1980

In the postwar period in the United States, conservative political ideology shifted its primary focus from isolationism and New Deal opposition to strict anti-communism. The conservatism of the 1920s through the 1940s, under the leadership of Robert Taft, would give way to a more modern conservatism influenced by a variety of Catholic and anti-communist intellectuals. As a result of the effort to demonstrate fervent anti-communist sentiments, modern conservatives highlighted and supported anti-communist leaders and figures across the US and worldwide. One particular anti-communist leader that American conservatives openly supported was the Spanish dictator Francisco Franco. The new catholic conservatives identified Franco as a counterrevolutionary, firm in his convictions and devout in his Catholic faith, who rescued Spain from the clutches of communism, atheism, and the left. Against this backdrop, the new conservatives in the US likewise fashioned themselves as morally just arbiters of the true soul and identity of the United States, who would resist any vestiges of Marxist or socialist strongholds among the US political elite. In this essay, I argue that Franco was utilized as a symbolic figure for the American conservative movement to underscore key themes of modern conservatism and instill them into American politics. They highlighted Franco as a hero of Western Civilization, a religiously significant figure, and an anti-communist bulwark. In doing so, they sought to distinguish themselves from the American left, whom they believed held significant influence in American media and academia. To show this, I will examine a variety of articles published by National Review (hereafter NR) under the influence of founding editor William F. Buckley Jr. that described Franco and the Spanish Civil War. Significantly, the effort to portray Franco in this manner in NR imported Francoist propaganda and historiography of the Spanish Civil War and revealed the extent to which American conservatives interpreted the Spanish Civil War in much the same way as Franco; as a religious crusade

Trade Associations and the Strategic Framing of Change in Contested Issue Organizational Fields: The Evolution of Sustainability in the Canadian Mining Industry, 1993-2013

This dissertation examines the role of intermediary organizations in processes of change in organizational fields defined by contested issues. Drawing from a 20 year longitudinal study of the evolution of sustainability in Canadian Mining, I demonstrate how trade associationswhich occupy an intermediary position between incumbents and challengers in a fieldengage in the strategic framing of field-level change through interactions with both internal (incumbent) and external (challenger) audiences. Using a variety of data sources including 102 interviews with key actors in the field and the complete internal archives of the national mining trade association between 1993 and 2013, I demonstrate the key role of bridging work in the establishment and reinforcement of strategic frames. The model I present describes the process whereby internal and external contestation reveals conceptual divides which triggers bridging work on the part of intermediary organizations. I also demonstrate how once changes are introduced to the field, contradictions in strategic frames may emerge which triggers subsequent contestation and bridging work. In addition to this qualitative study, I also develop a conceptual framework which aims to enhance our understanding of when and why TAs are likely to play an active role in field-level change. I argue that playing an active role in field-level change on the part of trade associations hinges on the need for collective action by incumbents and the degree to which a trade association has autonomy from and control over its members. I discuss the contributions of my dissertation for research on the strategic framing of field-level change, intermediary organizations in organizational fields, and research on trade associations more generally

Toward the Celtic Tiger : integration and policymaking in Ireland's recent economic development

"July 2014."Thesis supervisor: Dr. Kerby Miller.Includes bibliographical references (pages 89-92)

The Low Frequency Electrical Properties of Sea Ice

This thesis summarises an experimental and theoretical study of the low frequency electrical properties of sea ice. The aim of the research was to first demonstrate, and then gain a physical understanding of, the microstructural dependence of a sea ice impedance measurement. In particular, we sought to realise how the effective electrical properties of the medium depended on the volume fraction, orientation, dimensions, and connectivity of the dispersed brine phase. The experimental portion of the project was performed on laboratory grown, artificial sea ice. We monitored the variation with time, and temperature, of the broadband sea ice impedance using four-electrode measurement cells embedded within the ice. The four-electrode measurement allowed us to realise and eliminate the contribution of electrode polarization to the measured impedance. By representing the electrical response of sea ice as a complex conductivity, we formulated a broadband physical model to describe the medium. The model distinguished bulk conduction, bulk polarization, and interfacial polarization. A complex non-linear least squares fitting procedure revealed the individual contribution of these physical processes and we studied their variation with temperature. We found that the bulk material underwent a dielectric relaxation with activation energy Ea = 0.20 + and - 0.04eV. We linked the bulk material properties with a two phase microstructural model, with realistic input parameters

Evolving toward a human-cell based and multiscale approach to drug discovery for CNS disorders

A disruptive approach to therapeutic discovery and development is required in order to significantly improve the success rate of drug discovery for central nervous system (CNS) disorders. In this review, we first assess the key factors contributing to the frequent clinical failures for novel drugs. Second, we discuss cancer translational research paradigms that addressed key issues in drug discovery and development and have resulted in delivering drugs with significantly improved outcomes for patients. Finally, we discuss two emerging technologies that could improve the success rate of CNS therapies: human induced pluripotent stem cell (hiPSC)-based studies and multiscale biology models. Coincident with advances in cellular technologies that enable the generation of hiPSCs directly from patient blood or skin cells, together with methods to differentiate these hiPSC lines into specific neural cell types relevant to neurological disease, it is also now possible to combine data from large-scale forward genetics and post-mortem global epigenetic and expression studies in order to generate novel predictive models. The application of systems biology approaches to account for the multiscale nature of different data types, from genetic to molecular and cellular to clinical, can lead to new insights into human diseases that are emergent properties of biological networks, not the result of changes to single genes. Such studies have demonstrated the heterogeneity in etiological pathways and the need for studies on model systems that are patient-derived and thereby recapitulate neurological disease pathways with higher fidelity. In the context of two common and presumably representative neurological diseases, the neurodegenerative disease Alzheimer’s Disease (AD), and the psychiatric disorder schizophrenia (SZ), we propose the need for, and exemplify the impact of, a multiscale biology approach that can integrate panomic, clinical, imaging, and literature data in order to c

Enhancing Federal-Tribal Coordination of Invasive Species

Invasive species are defined by the United States government to mean “with regard to a particular ecosystem, a non-native organism whose introduction causes or is likely to cause economic or environmental harm, or harm to human, animal, or plant health” (Executive Order [EO] 13751). The ecosystems to which invasive species are introduced or spread are not delimited by jurisdictional boundaries; they intersect with lands managed by federal, tribal, state, territorial, and county governments, as well as properties under private ownership. For this reason, effective coordination and cooperation across jurisdictions is of paramount importance in the prevention, eradication, and control of invasive species. Federally recognized American Indian tribes are second only to the federal government in terms of the amount of land they manage; approximately 56.2 million acres are owned either by individual tribal members or the tribe; the title to which is held in trust by the federal government. Most trust land is within reservation boundaries, but trust land can also be off-reservation, or outside the boundaries of an Indian reservation. A large amount of additional land is owned and/or managed by Native Hawaiians and Alaska Native Corporations. For the purposes of this paper, these native land stewards will hereafter be referred to collectively as indigenous peoples. Since its establishment in 1999, the National Invasive Species Council (NISC) has acknowledged the importance of working with indigenous peoples to address invasive species issues (EO 13112). To date, six representatives of federally recognized American Indian tribes have been appointed members of the non-governmental Invasive Species Advisory Committee (ISAC) which advises NISC. The 2016–2018 NISC Management Plan calls includes a priority action (2.5.1) to: Develop recommendations for coordinating Federal agency activities to implement EO 13112 with Federally-recognized tribes, as well as Native Alaskan and Native Hawaiian communities. Adopted on December 5th, 2016, EO 13751 reiterates that federal agencies are to: Coordinate with and complement similar efforts of States, territories, federally recognized American Indian tribes, Alaska Native Corporations, Native Hawaiians, local governments, nongovernmental organizations, and the private sector. In order to further these goals, a Federal-Tribal Coordination Task Team was established under the auspices of the Invasive Species Advisory Committee (ISAC). This paper reflects the work of that task team, including internal group discussions, informal consultations with other indigenous peoples, and literature review. The task team identified the following needs and recommendations to further strengthen coordination and cooperation between the United States government and indigenous peoples in their efforts to address a shared concern: the devastating impacts of invasive species on the environment and all who depend on it for their survival and quality of life. In order to be successful, coordination efforts between federal agencies and indigenous peoples to address invasive species will need to take into consideration land rights and claims; assure indigenous peoples free, prior, and informed consent; respect and facilitate the application of traditional ecological knowledge; and enable indigenous groups to build their own legal and technical capacities to address invasive species concerns

Transforming Local Government Strategies for Mobile Workforces

Labour mobility presents numerous opportunities and challenges for rural and small town communities. Opportunities exist in terms of addressing needed services for workers, while also presenting the possibility for community growth and stability by attracting new residents and businesses. Challenges include impacts like burdening existing service levels that are not designed to accommodate large shadow populations, problems with housing availability and affordability, and social pressures associated with large (mostly male) transient populations. In resource-dependent regions, work camps are increasingly deployed within or adjacent to municipal boundaries. This has prompted important, but controversial, questions about local government approaches to maximize the benefits, and mitigate the negative impacts, associated with such mobile workforces