Opinionated Software

Information security is an important and urgent priority in the computer systems of corporations, governments, and private users. Malevolent software, such as computer viruses and worms, constantly threatens the confidentiality, integrity, and availability of digital information. Virus detection software announces the presence of a virus in a program by issuing a virus alert. A virus alert presents two conflicting legal issues. A virus alert, as a statement on an issue of great public concern, merits protection under the First Amendment. The reputational interest of a plaintiff disparaged by a virus alert, on the other hand, merits protection under the law of defamation. The United States Supreme Court has struck a balance by constitutionalizing the common law of defamation in a series of influential decisions. This article focuses on two implications of these decisions, namely that (1) a plaintiff must show that the defamatory statement is objectively verifiable as true or false; and (2) a plaintiff must prove its falsity with convincing clarity, while the defendant may prove the truthfulness of the statement as a defense. The crucial issues in these implications are truth, falsity, and verifiability. This article analyzes the balance between the conflicting legal rights associated with a virus alert. It focuses on the legal meanings of truth, falsity, and verifiability of a virus alert, and the resolution of these issues in the context of the technology involved in a virus alert. The analysis merges perspectives from constitutional law, the law of defamation, and information technology. Insights from theoretical computer science demonstrate, for instance, that the truth of a virus alert may be unverifiable. In such a case the alert would receive full constitutional protection under the Supreme Court\u27s First Amendment defamation jurisprudence

Foreseeability Decoded

This Article reviews the conceptual and doctrinal roles of the foreseeability doctrine in negligence law, and analyzes its application in cases where a new technology or unexplored scientific principle contributed to a plaintiff’s harm. It adopts the common law definition of foreseeability as a systematic relationship between a defendant’s wrongdoing and the plaintiff’s harm, and demonstrates translation of the concept into the language of science so that the common law meaning of the foreseeability doctrine is preserved. An analysis of the foreseeability of HIV/AIDS as a blood-borne risk illustrates application of the concept to contemporary issues in medical science

The Effect of Transaction Size on Off-the-Run Treasury Prices

A price pressure effect is implied by segmentation in the market for a security. An empirical property of a segmented market is that the price of the security is sensitive to supply and demand conditions for that specific security, absent changes in risk and absent any new information. This paper examines intra-day trading data from the inter-dealer broker market for U.S. Treasury securities and finds that there is a price pressure effect in the off-the-run Treasury market. Thus, securities that would appear to be very close substitutes, i.e., on-the-run and off-the-run Treasury bonds, behave as if there is some degree of market segmentation. There have been several studies of price pressure in the equity market and Treasury bill market but this is the first study of the off-the-run Treasury note and bond market to investigate a price pressure effect using intra-day data. It is also the first study to analyze price pressure through matched pairs of securities that differ only in liquidity and with high frequency data.

Ecodomy - Life in its fullness

This book provides a coherent and conceptual portrayal of aspects of the theological research theme, entitled Ecodomy (literally meaning to ‘build a house’). In its figurative meaning the term Ecodomy addresses the theme, ‘life in its fullness’. This fullness of life entails a polarity which is inherently part of life, namely its brokenness and its wholeness. From various theological disciplines, namely Old Testament Studies, New Testament Studies, Systematic Theology, Church History and Practical Theology, both the brokenness and wholeness are addressed theologically. Every chapter focuses on a specific theological discipline, while the combination of theological disciplines, addresses the brokenness and wholeness of life as coherent concept. One pole does not exclude the other. Brokenness is visible in current or recent very relevant societal challenges, such as racism and xenophobia, apartheid, foreignness and exclusivism, leadership crises and violence. In contrast, wholeness is embedded in themes such as the African concept of ubuntu, a life of faith and wisdom, reconciling leadership, or transforming space and community. Ultimately, a Greek term ἀναίδεια (persistence) is connected to the meaning of Ecodomy and ‘life in its fullness’. Several methodologies have been used in the different contributions of the book. Every theological discipline applies a different methodology for the purpose of exposing a specific topic or research theme. In general, the contributions in this book follow a combination of a literature study with the further application of diachronic and synchronic exegetical methods. In addition, single contributions follow an own hermeneutical approach. Not one single contribution, but a combination of different theological disciplines, which form the concepts of brokenness and wholeness (life in its fullness), which expose the polarity of life, are included in this book. In its exposed interdisciplinary interwovenness, the book provides a tapestry of how different theological disciplines are combined into a single theme and how they contribute together by means of theological analyses and attempted building blocks to build the broken ‘houses’ of societal structures or human life. The book contributes to selected aspects of broken life in society and the healing experiences of human life. Several themes touch on recent and relevant challenges which have contributed to the brokenness of life. Not only in South Africa, but globally these are currently relevant themes. They include realities of racism and xenophobia, apartheid, foreignness and exclusivism, leadership crises and violence. With the focus on wholeness, specific attention is given to the African concept of ubuntu, a life of faith and wisdom, reconciling leadership, and transforming space and society. A Greek term ἀναίδεια (insolence as ‘in keeping on asking’ – Lk 11:8) illuminates the theme of Ecodomy from the perspective of a parable. The target audience of the book is academic scholars and theologians, who specialise in the different fields of Theology, the Humanities and other Social Sciences. Furthermore, the book is also accessible to scholars of other academic disciplines outside these disciplines. The book contains original research and contributions have not been plagiarised from publications elsewhere