...William & Mary Law Review Volume 45 | Issue 4 Article 5 A Pattern-Oriented Approach to Fair Use Michael J. Madison Repository Citation Michael J. Madison, A Pattern-Oriented Approach to Fair Use, 45 Wm. & Mary L. Rev. 1525 (2004), http://scholarship.law.wm.edu/wmlr/vol45/iss4/5 Copyright c 2004 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. http://scholarship.law.wm.edu/wmlr A PATTERN-ORIENTED APPROACH TO FAIR USE MICHAEL J. MADISON* ABSTRACT More than 150 years into development of the doctrineof "fairuse" in American copyright law, there is no end to legislative,judicial, and academic efforts to rationalizethe doctrine. Its codification in the 1976 CopyrightAct appearsto have contributedto its fragmentation, rather than to its coherence. As did much of copyright law, fair use originated as a judicially unacknowledged effort via the law to validate certain favored practicesand patterns.In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "caseby-case" application of the statutoryfair use "factors"to the defendant's use of the copyrighted work in question. A more explicit acknowledgment of the role of these patterns in fair use analysis would be consistent with fair use, copyright policy, and tradition. Importantly, such an acknowledgment would help to bridge the often difficult conceptual gap between fair use...
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...work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška’s contribution to comparative law and the challenges faced by comparative law in the twenty first century. Crime, Procedure and Evidence in a Comparative and International Context Essays in Honour of Professor Mirjan Damaška Edited by John Jackson, Máximo Langer and Peter Tillers Published in North America (US and Canada) by Hart Publishing c/o International Specialized...
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...UNIVERSITY OF THE WITWATERSRAND LANGUAGE AND IDENTITY: INVESTIGATING THE LANGUAGE PRACTICES OF MULTILINGUAL GRADE 9 LEARNERS AT A PRIVATE DESEGREGATED HIGH SCHOOL IN SOUTH AFRICA. Submitted by: Nomakhalipha Margaret Nongogo Student Number: 0309644N Supervised by Dr Carolyn McKinney Research report submitted to the Faculty of Humanities, University of the Witwatersrand in partial fulfilment of the degree of Masters of Arts in Applied English Language Studies. 2007 ABSTRACT This research report engages with the concern that African learners attending English medium, multiracial schools are losing their proficiency in African languages. In so doing, the report explores the language practices of four multilingual Grade 9 learners at a desegregated private high school in Gauteng. In a school environment that does not overtly support the use of African languages, I explore the extent to which multilingual learners use African languages in the school context, to position themselves and others, as an identity building resource, and the extent to which the use of African languages is implicated in their identities. I also explore the possible influence of the learners’ cultural and ethnic backgrounds on their language practices, and related to this, the expression of their identities. I look at how their language practices help them shift identities with space and purpose, and the contradictions therein. The study draws on poststructuralist theories of language and...
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...ORGANIZATIONAL BEHAVIOR CONCEPTS CONTROVERSIES APPLICATIONS Seventh Edition Stephen P. Robbins 1996 Contents Part One • Introduction Chapter 1 What Is Organizational Behavior? 2 Chapter 2 Responding to Global and Cultural Diversity 42 Part Two • The Individual Chapter 3 Foundations of Individual Behavior 80 Chapter 4 Perception and Individual Decision Making 130 Chapter 5 Values, Attitudes, and Job Satisfaction 172 Chapter 6 Basic Motivation Concepts 210 Chapter 7 Motivation: From Concepts to Applications 250 Part Three • The Group Chapter 8 Foundations of Group Behavior 292 Chapter 9 Understanding Work Teams 344 Chapter 10 Communication 374 Chapter 11 Leadership 410 Chapter 12 Power and Politics 460 Chapter 13 Conflict, Negotiation, and Intergroup Behavior 502 Part Four - The Organization System Chapter 14 Foundations of Organization Structure 548 Chapter 15 Technology, Work Design, and Stress 588 Chapter 16 Human Resource Policies and Practices 634 Chapter 17 Organizational Culture 678 Part Five - Organizational Dynamics Chapter 18 Organizational Change and Development 714 CHAPTER I • WHAT IS ORGANIZATIONAL BEHAVIOR? What Managers Do Let’s begin by briefly defining the terms manager and the place where managers work—the organization. Then let’s look at the manager’s job; specifically, what do managers do? Managers get things done through other people. They make decisions, allocate resources, and direct the activities of others to attain goals. Managers do...
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...Synonyms and Antonyms, by James Champlin Fernald 1 Synonyms and Antonyms, by James Champlin Fernald Project Gutenberg's English Synonyms and Antonyms, by James Champlin Fernald This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.net Title: English Synonyms and Antonyms With Notes on the Correct Use of Prepositions Author: James Champlin Fernald Release Date: May 21, 2009 [EBook #28900] Language: English Character set encoding: ISO-8859-1 *** START OF THIS PROJECT GUTENBERG EBOOK ENGLISH SYNONYMS AND ANTONYMS *** Produced by Jan-Fabian Humann, Stephen Blundell and the Online Distributed Proofreading Team at http://www.pgdp.net English Synonyms and Antonyms A Practical and Invaluable Guide to Clear and Precise Diction for Writers, Speakers, Students, Business and Synonyms and Antonyms, by James Champlin Fernald Professional Men Connectives of English Speech "The work is likely to prove of great value to all writers."--Washington Evening Star. 2 "The book will receive high appreciation from thoughtful students who seek the most practical help."--Grand Rapids Herald. "It is written in a clear and pleasing style and so arranged that but a moment's time is needed to find any line of the hundreds of important though small words which this book discusses."--Chattanooga Times. "Its...
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...POLICY MAKING IN THE REAL WORLD Evidence and Analysis Michael Hallsworth, with Simon Parker and Jill Rutter 1 Contents About this report Executive summary 1. 2. 3. 4. 5. 6. 7. 8. 9. Introduction: The Institute’s Better Policy Making theme Why look at policy making? The drive to professionalise policy making The gap between theory and practice Process Qualities Structures Politics Improving policy making 3 4 15 16 22 30 38 46 64 80 100 103 104 10. Annex A: Methodology for survey of policy characteristics 11. Annex B: The Policy Skills Framework Contents 2 About this report This report is one of three that the Institute for Government is releasing as part of its research into policy making in government. It provides both an in-depth look at attempts to reform policy making over the last fourteen years and draws on both interviews with senior civil servants and ministers, in the last government, to look at the experience of policy making. It also draws on our analysis of government’s own evaluations of policy, our ‘Policy Reunions’ looking at the factors behind policy success and the extensive academic literature on policy making. As such, it forms the evidential and analytic base for our recommendations report, Making Policy Better. This report is largely the work of the Institute for Government’s Senior Researcher Michael Hallsworth. In its early stages, the research was led by former Institute Fellow, Simon Parker, and in the later stages was overseen...
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...Danksagung Ich möchte allen danken, die sich in den vergangenen Jahren die Mühe gemacht haben, sich mit meiner Dissertation, mit diesem Text, zu beschäftigen und ihn zu kommentieren. An erster Stelle sind das meine Betreuer am Europäischen Hochschulinstitut in Florenz, Klaus Eder und Friedhelm Neidhardt. Außerdem: Catherine Brice, Colin Crouch, Nora Eisermann, Bernd Giesen, Michaela Krützen, Johannes Lübking, Anne Marijnen, Gesa Marten, Jo Reichertz, Frederic Vandenberghe und Anne Will. Besonders danke ich meinem Bruder David Eisermann, der mir die nötige Zuversicht und liebevolle Unterstützung gegeben hat, die Arbeit abzuschließen. Berlin, im Oktober 2000 Jessica Eisermann Inhalt Danksagung .........................................................................................................5 Abkürzungen......................................................................................................10 Einleitung.......................................................................................................... 13 1 1.1 1.1.1 1.1.2 1.1.3 1.1.4 1.2 1.2.1 1.2.2 1.2.3 1.2.4 1.2.5 1.3 1.3.1 1.3.2 2 2.1 2.2 2.3 Das Problem der Mediengewalt........................................................... 21 Die Definition des Problems in der Öffentlichkeit .................................21 Die ordnungsgenerierende Funktion 'unterhaltender' Nachrichten ...22 Das Problem im Zusammenhang mit dem Symbol der Gewalt ........28 Das Problem im Zusammenhang mit dem Medium...
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...Multinational Corporations and Foreign Direct Investment This page intentionally left blank Multinational Corporations and Foreign Direct Investment Avoiding Simplicity, Embracing Complexity Stephen D. Cohen 1 2007 1 Oxford University Press, Inc., publishes works that further Oxford University’s objective of excellence in research, scholarship, and education. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Copyright # 2007 by Oxford University Press Published by Oxford University Press, Inc. 198 Madison Avenue, New York, New York 10016 www.oup.com Oxford is a registered trademark of Oxford University Press All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. Library of Congress Cataloging-in-Publication Data Cohen, Stephen D. Multinational corporations and foreign direct investment: avoiding simplicity, embracing complexity / Stephen D. Cohen. p. cm. Includes index. ISBN-13 978-0-19-517935-4; 978-0-19-517936-1 (pbk.) ISBN 0-19-517935-8; 0-19-517936-6 (pbk.) 1. International...
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...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...
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...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...
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...THE STUDENT'S PRACTICAL DICTIONARY ; fNdkoq ; CONTAINING English words with English and Hindi Meanings and Pronunciation in Deva Nagri Character with an Appendix containing Familiar Foreign Words and Phrases and Abbreviations in Common use. FIFTEENTH EDITION Thoroughly Revised,Improved,Enlarged and Illustrated PRICE 3 RUPESS ALLAHABAD RAM NARAIN LAL PUBLISHER AND BOOKSELLER 1936 ISCII text of dictionary taken from from TDIL's ftp: anu.tdil.gov.in pub dict site I N 1.m I Pron 1.m a Det 1.ek, abatement N abbey N 1.kmF, GVtF, GVAv, mdApn, b A, 2. yAg, smAE ag jF vZmAlA kA Tm a"r tTA -vr, 2. tk m phlA kESpt pzq vA -tAv , aback Adv 1.acAnk, ekAek, 2.pFC abandon VT 1.CoX nA, yAg nA, yAgnA, tjnA, d d 2.EbnA aAj^ nA nOkrF CoXnA, apn ko drAcAr aAEd m CoX nA, d , nA d d abandoned A 1.CoXA h,aA, Enjn -TAn , 2.EbgXA h,aA, iEdy lolp, lMpV, drAcArF, aAvArA , , abandonment N 1.pZ yAg, sMpZ aA mo sg, EbSkl CoX nA d , abate VI 1.km honA, GVnA, DFmA honA abate VT 1.km krnA, GVAnA, DFmA krnA, m@ym krnA, rok nA, smA krnA d 1 1.IsAiyo kA mW, gz\ArA, kVF, mW, , , 2.mht aADFn sADao kF mXlF k , abbot N 1.mht, mWDArF, mWAEDkArF abbreviate VT 1.km krnA, s" krnA, CoVA krnA, p sAr EnkAlnA abbreviation N 1.s" , GVAv, sAr, lG,!p, skt, p 2.sE" pd yAf, fNd yA pd kA lG!p ^ , abdicate VTI 1.-vQCA s CoXnA, yAg krnA, tjnA, pd yAg krnA abdication N 1.pd yAg abdomen N 1.X, V, k"F, udr p p , abdominal A 1.udr sMbDF, V kA p abduct VI 1.BgA l jAnA, EnkAl l...
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