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

Improved Spin Dynamics Simulations of Magnetic Excitations

Using Suzuki-Trotter decompositions of exponential operators we describe new algorithms for the numerical integration of the equations of motion for classical spin systems. These techniques conserve spin length exactly and, in special cases, also conserve the energy and maintain time reversibility. We investigate integration schemes of up to eighth order and show that these new algorithms can be used with much larger time steps than a well established predictor-corrector method. These methods may lead to a substantial speedup of spin dynamics simulations, however, the choice of which order method to use is not always straightforward.Comment: J. Mod. Phys. C (in press

Crowd sourcing challenges assessment index for disaster management

Emergency agencies (EA) rely on inter-agency approaches to information management during disasters. EA have shown a significant interest in the use of cloud-based social media such as Twitter and Facebook for crowd-sourcing and distribution of disaster information. While the intentions are clear, the question of what are its major challenges are not. EA have a need to recognise the challenges in the use of social media under their local circumstances. This paper analysed the recent literature, 2010 Haiti earthquake and 2010-11 Queensland flood cases and developed a crowd sourcing challenges assessment index construct specific to EA areas of interest. We argue that, this assessment index, as a part of our large conceptual framework of context aware cloud adaptation (CACA), can be useful for the facilitation of citizens, NGOs and government agencies in a strategy for use of social media for crowd sourcing, in preventing, preparing for, responding to and recovering from disasters. © (2012) by the AIS/ICIS Administrative Office All rights reserved

Comparative Growth and Survival of Juvenile Atlantic Cod (Gadus morhua)Cultured in Copper and Nylon Net Pens

Bio-fouling on net pens has been a major concern for the marine aquaculture industry. As cage systems increase in size, so does the surface area for the attachment of colonial organisms that create drag on the net, reduce water flow important to fish health, and increase operational expenses due to net cleaning. To solve this problem, the International Copper Association (ICA) has been developing copper alloy netting for sea cages. Copper netting has unique properties that minimize bio-fouling, reduce the risk of fish escapement, prevent predators from entering the net pen, and is recyclable. To test the alloy netting, an experiment was conducted to compare juvenile cod cultured in traditional nylon nets with cod grown in Seawire copper netting ([email protected]). Six, 0.78 m3 cages were each stocked with 200 Atlantic cod (Gadus morhua) averaging 29 ± 2.2 g and grown for 4 months in coastal waters of New Hampshire, USA. Results of the study indicated no significant differences in cod growth, survival, feed conversion ratio (FCR), specific growth rate (SGR), or Fulton’s condition factor (K) between the fish grown in the copper alloy and nylon nets. A chemical analysis was conducted on the cod and indicated no differences in copper levels in muscle, liver and gill tissues taken from the net treatments. Nylon nets with antifouling paint accumulated significantly more bio-fouling than the copper nets. Materials that were in direct contact with the copper netting (plastic cable ties) fouled heavily with hydroids indicating minimal leaching to the environment. This study describes some of the beneficial attributes of copper netting, however future studies need to be conducted over a longer period of time, on a larger scale, and in a more energetic environment to definitively test the utility of this new product

Fissures, Fractures & Doctrinal Drifts: Paying the Price in First Amendment Jurisprudence for a Half Decade of Avoidance, Minimalism & Partisanship

This Article comprehensively examines how the U.S. Supreme Court’s adherence to principles of constitutional avoidance and judicial minimalism, along with partisan rifts among the Justices, have detrimentally affected multiple First Amendment doctrines over the past five years. The doctrines analyzed here include true threats, broadcast indecency, offensive expression, government speech, and strict scrutiny, as well as the fundamental dichotomy between content-based and contentneutral regulations

“Defamation Live”: The Confusing Legal Landscape of Republication in Live Broadcasting and a Call for a “Breaking News Doctrine”

Live, broadcast defamation is a murky area of law garnering surprisingly scant scholarly attention. But because libel law typically creates republication liability for broadcasters who air defamatory statements uttered by third parties—even when news organizations have no idea what the third parties are about to say— broadcasters covering live, breaking news events face significant risks of liability for remarks by people at the scene. This Article analyzes the case law of live and spontaneous broadcast defamation, explores the statutory backdrop in such cases and, ultimately, proposes a solution in the form of a “breaking news doctrine” that relieves broadcasters of republication liability if five prerequisites are satisfied