Academic literature on the topic 'Private use exceptions'
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Journal articles on the topic "Private use exceptions"
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Boyd, Haleigh, Lewis Evans, and Neil Quigley. "Efficiency of Contractual Arrangements in Private Agricultural Product Markets." Victoria University of Wellington Law Review 31, no. 4 (November 1, 2000): 813. http://dx.doi.org/10.26686/vuwlr.v31i4.5937.
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The electronic and information revolution is changing virtually all aspects of economic and social life, no more so than in the ability of firms of all sizes to make their mark in production and exporting. The ready access to vast information and the lower costs that now attend dealing with other firms have opened opportunities that never before would have been cost-effective at the individual firm level. These firms have to contract with other firms for all sorts of purposes. Because of the small size of agricultural and horticultural producers and special problems of seasonal production, variability in production and price, and product perishability, some of the most challenging contracts are in this sector.Co-operatives provide a vehicle for the vertical integration of production and processing in agriculture. The producers provide capital for and control the processing entity so that their interests are aligned. Returns to producers bundle together the commodity price and the return from the capital invested in processing.Many of the agricultural product markets in New Zealand operate within this co-operative structure, and in the case of the dairy industry, it is supported by statute. The forestry, wine and processed vegetable industries are notable exceptions in that these industries employ contracts between producers and processors as an alternative to vertical integration via co-operatives.In this article, we use examples of contracts between producers and processors in the forestry, wine and processed vegetable markets to consider the extent to which contracts may provide efficient vehicles for the alignment of interests between producers and processors in agricultural markets. We consider the ways in which these contracts:•Minimise transaction costs;•Use incentive mechanisms and monitoring to limit opportunism;•Allocate risk;•Facilitate investment in specific assets; and•Allocate property rights.We assess the implications of the annual crop cycles and perishability of grapes and vegetables with the longer crop cycles of forestry. We conclude that contracts appear to be viable alternatives to co-operative structures, even in the market for perishable agricultural products.
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Bishop, D. V. M., and S. J. Bishop. ""Twin Language"." Journal of Speech, Language, and Hearing Research 41, no. 1 (February 1998): 150–60. http://dx.doi.org/10.1044/jslhr.4101.150.
Full textAbstract:
Retrospective parental report of earlier "twin language" was obtained for two groups of twins. Sample G consisted of 94 twin pairs between the ages of 7 and 13 years recruited through the school system as a general population sample. Sample L consisted of 82 twin pairs between the ages of 7 and 13 years who had been recruited for a genetic study; of these twin pairs at least one of the twins had a speech-language impairment persisting to school age. Parental report of twin language was higher (around 50%) for children with speech-language impairment than for those with normal language (11%). Consistent with this, children with twin language obtained significantly lower mean language scores than other children, although their mean nonverbal IQ was equivalent. The exceptions were a handful of children whose parents described use of a "private language" that coexisted alongside normal use of English. These findings are consistent with the view that what is described as twin language is usually use of immature or deviant language by two children at the same developmental level.
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Kernt, Harold. "An Overview of the United States Administrative Procedure Act." Gdańskie Studia Prawnicze, no. 2(46)/2020 (June 22, 2020): 69–82. http://dx.doi.org/10.26881/gsp.2020.2.05.
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For almost seventy-five years, the Administrative Procedure Act (APA) in the United States has set a procedural framework within which most federal administrative agencies must act. The APA lays out procedures that federal actors must follow in fashioning rules and in resolving adjudications, as well as the standards of review that federal courts must use when reviewing the agencies’ resolution of those adjudications and promulgation of rules. As a consequence the APA has been remarkably effective in ensuring that agency decisionmaking is responsive to public concerns and that the public has an outlet for voicing those concerns. Nonetheless, some of the exceptions carved out by Congress in the APA have created problematic gaps, failing to protect the regulated public adequately, particularly from agency policy statements and interpretations of statutes and regulations, which private firms and individuals cannot challenge directly but may affect their livelihoods.
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Takenaka, Toshiko. "Patents for Sharing." Michigan Technology Law Review, no. 26.1 (2019): 93. http://dx.doi.org/10.36645/mtlr.26.1.patents.
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Spurred by the Internet, emerging technologies have changed the way commercial firms innovate and have made it possible for individuals to play an important role in that innovation. Producers in the Information Communication Technologies (ICT), and other sectors dealing with complex technologies with many separately patentable components, find it increasingly difficult to make products without infringing on patents held by others. Numerous overlapping patents often cover such products. Producers have developed a new way to use patents: as inclusive rights for sharing their technologies with others through cross-licensing and other private ordering arrangements in order to ensure the freedom to operate and innovate. Individual innovators, and open source software (“OSS”) programmers in particular, have also developed a new use of copyrights: using them to share their technologies through OSS licenses. Producers of complex technologies use patents for sharing their technologies with OSS programmers and for protecting themselves from patent assertion. In light of these recent uses, this article proposes a new utilitarian theory for patents: patents as the incentive to share, with the reward of increasing the freedom to operate and innovate. It argues that both the ex ante and ex post incentive to invent theories are outdated because they fail to take into account the patent owners’ lack of control over their products in complex technology sectors. This article urges Congress to reevaluate U.S. patent rights in light of this new patent use. It reviews U.S. patents as property rights from the comparative law perspective and proposes the revitalization of the inclusive side of U.S. patents by introducing a compulsory license for blocking patents. It also proposes that the exclusive side of patent rights should be limited to private and experimental use exceptions to ensure the freedom to operate and innovate by sharing.
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Slynn, Sir Gordon. "Le contrôle juridictionnel de l'action administrative devant les juridictions anglaises." Les Cahiers de droit 26, no. 4 (April 12, 2005): 863–80. http://dx.doi.org/10.7202/042693ar.
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This article outlines the difficulties which were felt to exist in the prerogative orders of certiorari, mandamus and prohibition in the United Kingdom, despite important developments which had taken place in their use. It describes in detail the recommendations of the Law Commission and the changes introduced both by Rules of Court and legislation. The former procedures are replaced by an application for judicial review, though the basis upon which relief is granted remains substantially the same. Recent cases show the way in which the new procedure has developed. Distinctions are drawn between the test to be applied on the application for leave and on the final hearing, and between the proceeding by way of judicial review to challenge the acts of public authorities and actions where purely private rights are claimed. This article shows the way in which the possibility of exceptions to this latter distinction has been established and suggests that the ambit of the new procedure is still in course of development.
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Stephan, Paul B. "The Political Economy of Extraterritoriality." Politics and Governance 1, no. 1 (June 4, 2013): 92–101. http://dx.doi.org/10.17645/pag.v1i1.89.
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Near the end of the 2009 Term the Supreme Court decided Morrison v. Australia National Bank, Ltd., the strongest anti-extraterritoriality opinion it has produced in modern times. Not only is Congress presumed generally to prefer only territorial regulation, but lower courts that had carved out exceptions from this principle over a long period of time must now revisit their positions. Again this year in Kiobel v. Royal Dutch Shell Co. the Court relied on an aggressive use of the presumption against extraterritoriality to cut back on an important field of private litigation. The Court appears to have embraced two related stances: The imposition of barriers to extraterritorial regulation generally advances welfare, and the lower courts cannot be trusted to determine those instances where an exception to this rule might be justified. Implicit in the Court's position are intuitions about the political economy of both legislation and litigation. I want to use the occasion of the Morrison and Kiobel decisions to consider the political economy of extraterritorial regulation by the United States. International lawyers for the most part have analyzed state decisions to exercise prescriptive jurisdiction over extraterritorial transactions in terms of a welfare calculus that determines the likely costs and benefits to the state as a whole. Fewer studies have considered the political economy of the decision whether to regulate foreign transactions. No work of which I am aware has considered the political economy of deciding the extraterritorial question through litigation. This paper seeks to fill these gaps by sketching out what political economy suggests both about extraterritoriality and the role of courts as arbiters of extraterritoriality.
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Worthington, David. "The Settlements of the Beauly-Wick Coast and the Historiography of the Moray Firth." Scottish Historical Review 95, no. 2 (October 2016): 139–63. http://dx.doi.org/10.3366/shr.2016.0293.
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Narrow strips of sea do not always function as ‘chokepoints’ for the communities that live around them. This article interrogates the historiography of the ‘corridors’ of the Moray Firth region, taken here to be inclusive of the Dornoch Firth, the Cromarty Firth and the inner Moray Firth, and incorporating the Inverness, Kessock and Beauly Firths. Although public and private bodies use the term ‘Moray Firth’ frequently, with few exceptions historians have refrained from doing so. The settlements of the northerly part of the coast, in particular, have been poorly represented in the region's historiography, a theme interrogated in the first section of the article. Social and cultural interactions across the firth are explored, drawing specifically on the history of seven settlements around the Beauly-Wick edge: Pictish Portmahomack, Norse Dingwall, the medieval burgh and pilgrimage site of Tain, early modern Dornoch, nineteenth-century Wick and the modern industrial centres of Invergordon and Nigg. These communities interacted with others situated on the coast to the south. The article concludes by proposing several new questions and approaches for future historical writing on the Moray Firth.
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Wilson, C., R. Clarke, B. J. D'Arcy, K. V. Heal, and P. W. Wright. "Persistent pollutants urban rivers sediment survey: implications for pollution control." Water Science and Technology 51, no. 3-4 (February 1, 2005): 217–24. http://dx.doi.org/10.2166/wst.2005.0594.
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The impacts of diffuse urban sources of pollution on watercourses are quantified. A survey of nine urban streams in Scotland for persistent pollutants in stream sediments is described, together with sediments from SUDS ponds. Determinands reported are: PAHs, total hydrocarbons, and toxic metals (As, Zn, Ni, Pb, Cu, Cr, Cd). Results highlight hydrocarbons as a major urban pollutant, and show significant sediment contamination by toxic metals. The metals that occurred in the highest concentrations varied across the nine streams, but Pb, Cr, Ni, Zn and Cu most frequently present exceeded sediment quality standards. The pattern of contamination by PAHs suggested that pyrolytic sources were more ubiquitous and present in greater quantities than oil spill sources in these urban catchments. Exceptions were the sites below industrial estates. The findings indicate that four levels of activity will be needed to control urban diffuse sources of pollution: reductions in quantities of toxic pollutants used by manufacturers in the motor and construction industries; housekeeping measures to minimise storage and handling risks for oil and chemicals; public engagement to minimise polluting activities such as dumping oil and chemicals, and private car use; use of SUDS technology, including retro-fits in the worst affected urban areas.
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Karamian, Brian A., Gregory D. Schroeder, Martin Holas, Andrei F. Joaquim, Jose A. Canseco, Shanmuganathan Rajasekaran, Lorin M. Benneker, et al. "Variation in global treatment for subaxial cervical spine isolated unilateral facet fractures." European Spine Journal 30, no. 6 (April 2, 2021): 1635–50. http://dx.doi.org/10.1007/s00586-021-06818-z.
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Abstract Purpose To determine the variation in the global treatment practices for subaxial unilateral cervical spine facet fractures based on surgeon experience, practice setting, and surgical subspecialty. Methods A survey was sent to 272 members of the AO Spine Subaxial Injury Classification System Validation Group worldwide. Questions surveyed surgeon preferences with regard to diagnostic work-up and treatment of fracture types F1–F3, according to the AO Spine Subaxial Cervical Spine Injury Classification System, with various associated neurologic injuries. Results A total of 161 responses were received. Academic surgeons use the facet portion of the AO Spine classification system less frequently (61.6%) compared to hospital-employed and private practice surgeons (81.1% and 81.8%, respectively) (p = 0.029). The overall consensus was in favor of operative treatment for any facet fracture with radicular symptoms (N2) and for any fractures categorized as F2N2 and above. For F3N0 fractures, significantly less surgeons from Africa/Asia/Middle East (49%) and Europe (59.2%) chose operative treatment than from North/Latin/South America (74.1%) (p = 0.025). For F3N1 fractures, significantly less surgeons from Africa/Asia/Middle East (52%) and Europe (63.3%) recommended operative treatment than from North/Latin/South America (84.5%) (p = 0.001). More than 95% of surgeons included CT in their work-up of facet fractures, regardless of the type. No statistically significant differences were seen in the need for MRI to decide treatment. Conclusion Considerable agreement exists between surgeon preferences with regard to unilateral facet fracture management with few exceptions. F2N2 fracture subtypes and subtypes with radiculopathy (N2) appear to be the threshold for operative treatment.
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Jütte, Bernd Justin. "Coexisting digital exploitation for creative content and the private use exception." International Journal of Law and Information Technology 24, no. 1 (December 31, 2015): 1–21. http://dx.doi.org/10.1093/ijlit/eav020.
Full textDissertations / Theses on the topic "Private use exceptions"
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Lamlert, Wariya, and n/a. "International Uncertainty in the Exceptions for Individual Use in Copyright Law: A Comparative Study of Australia and Thailand." University of Canberra. School of Law, 2007. http://erl.canberra.edu.au./public/adt-AUC20080912.140432.
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The exceptions for individual use give rise to interesting and fundamental concerns drawing both international and national attention. There is uncertainty in the application of the individual use exceptions both in the international copyright treaties, particularly the three-step test of the Berne Convention, and in the national copyright legislation.
To have a better understanding of this concerns, this thesis aims to: investigate whether the exceptions for individual use can still maintain the balance of interests between the copyright holders and users; analyse the contribution that international copyright agreements and national copyright legislation may have made to assist in solving the conflict of interest between right holder countries and user countries in applying the exceptions for individual use; and conduct a comparative study of the application of the individual use exceptions in developed and developing countries.
The understandings that are found within this study are informed by relevant literature and by analysis of the application of the individual use exceptions. The thesis examines the application of the individual use exceptions in the international copyright treaties, namely, the Berne Convention, the TRIPS Agreement, and the WIPO Copyright Treaty in order to determine the appropriate ?balance? between the rights of owners and users in the three-step test. To explore the uncertainty in the individual use exceptions at the national level, a comparative case study is made between the exceptions for individual use in Australia, a developed country, and Thailand, a developing country.
The results of the study reveal three major answers. First, the exceptions for individual use are able to still maintain the balance of interest between right holders and users in the digital environment, if some amendments are made to keep pace with the digital environment. Secondly, to assist in the solution to the conflict of interest between right holder countries and user countries in applying the exceptions for individual use, the international copyright agreements can make a contribution by making some minor changes, mainly in the three-step test of the Berne Convention, and by continuing to provide special treatments for developing countries. Nationally, the contribution may be made by thoroughly protecting the right holders whilst also still allowing individual use by amending the copyright legislation to update to the digital age when necessary, enacting the relevant Acts, and establishing a collecting society.
Finally, from the comparison of the application of the exceptions for individual use as well as problems found and solutions proposed in developed and developing countries, in which Australia and Thailand are used as case studies, the comparison of the application of the exceptions for individual use can be divided into four categories: fair use exceptions (Australian fair dealing and Thai private use exceptions), free use exceptions, licences (Australian statutory licences and Thai compulsory licence), and limitation of legislative individual use provisions. In addition, the problem of different interpretations of the exceptions for individual use, the problem of conformity in the application of the exceptions for individual use according to the real purpose of the three-step test, which exists in Thailand, and the problem of response to the digital environment are all used as the frame for the comparison of the problems found and proposed solutions.
The findings of the study are significant as they can provide contributions to the copyright areas primarily in the legal aspect: amendment of the exceptions for individual use. In addition, they also contribute to the related aspect in the copyright areas: the economic aspect: the balance between developed and developing Countries; and the moral aspect: developing countries? development. In addition, the thesis proposes four useful recommendations to enable the balance of interest between the right holders and the users to be maintained: amendment of the wording in the three-step test of the Berne Convention, amendment of domestic copyright law and its exceptions for individual use, encouragement of the role of collective management organisations, and raising public awareness on the issue of copyright and its exceptions for individual use.
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Friberg, Kristin. "The Swedish Implementation of the InfoSoc Directive : Emphasis on the Exception for Private Use." Thesis, Jönköping University, JIBS, Commercial Law, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-376.
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Upphovsrätten har alltid varit föremål för två motstående intressen, dels upphovsrättsinnehavarens intresse, dels det allmännas intresse. Det är upp till lagstiftaren att bibehålla denna balans och samtidigt förse båda parter med tillfredställande lösningar. De enheter som interagerar i denna balansakt för den här uppsatsen är: upphovsrätten i sig, undantag till och inskränkningar i upphovsrätten, Trestegsregeln vilken skall reglera undantagen och inskränkningarna samt skyddet av tekniska åtgärder. Den sistnämnda enheten är en indirekt reaktion på informationssamhällets ankomst där upphovsrättsskyddade verk kan kopieras digitalt samt spridas med minimal ansträngning. Det som utmärker informationssamhället är ett ökat antal av digitala intrång, särskilt över Internet, samt det faktum att kopian av verket helt motsvarar originalets kvalité. För att motarbeta piratkopiering i informationssamhället samt harmonisera medlemsstaternas olikheter gällande undantag till och begränsningar i upphovsrätten, har ett upphovsrättsdirektiv framarbetats. Sverige implementerade direktivet 1 juli, 2005 och syftet med den här uppsatsen är att undersöka huruvida implementeringen har upprätthållit eller förvrängt denna känsliga balansakt. Informationssamhällets ankomst har särskilt påverkat undantaget för privat bruk, dels p.g.a. att intrång från aktörer i denna sektor är svårkontrollerade, samt dels p.g.a. den olägenhet som ett intrång i användarnas privata sfär skulle utgöra. Utifrån det som behandlas i denna uppsats visar det sig att balansen har upprätthållits rent generellt, men att det även har uppstått särskilda effekter som kan orsaka, eller kan komma att orsaka en förvriden balans. Exempelvis har den svenska lagstiftaren intagit en mycket restriktiv ställning, inte bara gentemot digitalt privat bruk, utan även gentemot analog användning. Det framgår också att Trestegstestet och dess ställning i nationell lag kan vara beroende av lagstiftningstraditioner. Vidare riskerar verk som är föremål för förmånstagare av ett lagstiftat undantag till upphovsrätten, att låsas in p.g.a. skyddet av tekniska åtgärder. Problemet är relaterat till den svenska lagstiftarens val att inte implementera en bestämmelse för ett ikraftträdande av undantag för privat bruk. Generellt sett är detta problem mycket komplext vilket förhindrar en lösning på ett sådant här tidigt stadium.
Copyright has always been the subject of two conflicting interests, that of the copyright owner and that of the public. It is up to the legislator to maintain this balance in order to provide a solution somewhat satisfying for both parties. The constituent elements in the balancing act for this thesis are the copyright, the exceptions and limitations to the copyright, the Three-Step Test limiting the exceptions and limitations and the protection of technological measures. This last element is a reaction to the Information Society, where copyrighted work can be copied digitally and disseminated with minimal effort. An increasing amount of infringements, especially on the Internet, and the fact that the copy becomes identical in quality to the original have become typical for the Information Society. To combat piracy in the Information Society and to harmonise the discrepancies in the exceptions and limitations of the Member States’ national laws, the InfoSoc Directive has been issued. Sweden implemented the Directive on July 1, 2005 and the purpose of this thesis is to examine whether the implementation has maintained or distorted the delicate balancing act. The Information Society has affected the exception for private use in particular, partly because digital infringements in this sector are hard to control since the users are anonymous and partly because of the inconvenience of encroaching on the private sphere of the users. As concluded in this thesis, the balance has been generally maintained, however there are specific effects that may have caused or are capable of causing a distorted balance. For instance, the Swedish legislator has restricted not only digital private use, but also analogue private use. Moreover, the Three-Step Test and its impact in national law may be dependent on national legal traditions. Furthermore, works subjected to beneficiaries of the exception for private use, risk a lock-up because of the protection of technological measures. This problem is related to the Swedish legislator’s choice of not implementing an enforcement provision related to the exception for private use. As for this problem in general, its complexity prevents a solution at this stage.
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Karapapa, Stavroula. "Private copying in the digital environment." Thesis, Brunel University, 2009. http://bura.brunel.ac.uk/handle/2438/12604.
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Digitalisation and the internet have enabled ordinary individuals to make copies of copyrighted content easily, costlessly and with no degradation in terms of quality. While digital private copying is permitted in Europe under Article 5(2)(b) of Directive 2001/29/EC, it represents a major challenge to the interests of the copyright owners and a thorny issue in the context of digital copyright. Despite the fact that all EU Member States, with the exception of Ireland and the UK, have incorporated a statutory limitation for acts of private copying in their national statutes, there is legal uncertainty as to the scope of this limitation. To be permitted, the use of copyrighted content ought to be private and non-commercial; these concepts, however, do not translate well in the digital environment. For instance, one can only wonder whether facebook friends qualify as a private circle and whether downloading works for free from file-sharing networks is a non-commercial act. This thesis provides answers to these questions and determines the actual scope of the private copying limitation. Yet, perfectly lawful private uses of copyrighted content may have an aggregate impact on the interests of the rightholders in the digital environment, where these activities are more widespread. To deal with the digital impact of private copying, Directive 2001/29/EC sets forth a twofold approach; while private copying is premised on condition that the rightholders are compensated for the unauthorised uses of their works, at the same time, the application of technological protection measures is rigorously protected. We examine the efficacy of these approaches in dealing with digital private copying and their adequacy for policy reasons. This thesis concludes that, even though private copying is permissible under the set of conditions laid down by Article 5(2)(b) of Directive 2001/29/EC, its legitimate exercise is jeopardised in the digital environment due to the fact that this limitation is not mandatory. This means that the ability of end users to make private copies may be either technologically or contractually restricted. Yet, the private copying limitation is a manifestation of the fundamental right to privacy, which prevails over copyright enforcement. We therefore urge for an explicit declaration of the imperative status of the private copying limitation against technological or contractual constraints.
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Bihannic, Kévin. "Repenser l'ordre public de proximité : d'une conception hiérarchique à une conception proportionnelle." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D087/document.
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Si la jurisprudence n’a pas définitivement condamné l’ordre public de proximité, son champ d’application ne cesse de se restreindre, à tel point qu’il est devenu possible de s’interroger sur l’existence d’une condamnation implicite de ce mécanisme. Cette situation impose d’envisager son avenir dans la théorie générale du droit international privé. En dépit de la récurrence de sa critique en doctrine, l’ordre public de proximité n’est pas dépourvu d’utilité et il apparaît possible, par une réinterprétation de son fonctionnement d’ensemble, de dépasser la crainte qu’il opère une mutation du rôle dévolu à l’exception d’ordre public et favorise le développement du relativisme culturel. Cette possible réhabilitation de l’ordre public de proximité ne doit pas, cependant, conduire à penser que le mécanisme serait sans défaut. Sa confrontation aux évolutions du droit international privé et à la possible mutation de l’exception d’ordre public rend ainsi compte d’une certaine inadaptation. Surtout, le passage vers une logique hiérarchique, nécessaire afin de dépasser la critique relativiste, fait craindre un désintérêt total pour la norme étrangère. Dès lors, le mécanisme semble se construire en marge de la théorie de l’ordre public et il devient nécessaire d’envisager son dépassement. La reformulation de la théorie de l’effet atténué pourrait se présenter comme une solution efficace. Il conviendra, cependant, de veiller à ce que le raisonnement à l’œuvre soit fondé sur une mise en balance des différents intérêts en cause. Par conséquent, si l’ordre public de proximité ne peut plus exister comme mécanisme autonome, la condition de proximité doit demeurer et contribuer au développement de la proportionnalité comme technique de mise en œuvre de l’effet atténuéAlthough case law has not entirely ruled out the theory of the “ordre public de proximité”, it’s scope has constantly been decreased to the point that it is now impossible to question it’s fall from grace. Hence pushing for a study of it’s future existence in the general theory of privateinternational law. In spite of recurrent criticism from Doctrine sources, the “ordre public de proximité” has not become useless. A renewed interpretation of its overall functioning is needed to overcome the fear of taking over the role of the public policy exception and therefore encouraging cultural relativism.However, considering the rehabilitation of the “ordre public de proximité” should not misguide us into thinking it is flawless. When confronted to the evolution of private interational law and a possible mutation of the public policy exception, the inadaptability of this principle becomesobvious. More specifically when transiting toward a logical ranking of values as necessairy for it’s effective functioning, one may fear a lack of consideration for the foreign norm. As a consequence, the “ordre public de proximité” seems to build itself outside of the public policytheory highlighting the need to consider it’s overcoming. Redefining the theory of the so-called “effet atténué” (limited effect) could represente an effective solution on condition that this system is founded on the balance of interest. In conclusion, if the “ordre public de proximité” cannot exist as an independent mechanism, the proximity condition must remain and support the development of proportionality as the reasoning method for the application of the so-called “effet atténué”
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Fleutiaux, Johann. "Pour une réforme du statut de la copie privée en droit d’auteur." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020045.
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La faculté de copie privée, admise depuis longtemps et figurant à l’article L. 122-5 du Code de la propriété intellectuelle, est présentée par la doctrine majoritaire comme une exception au droit d’auteur. Elle permet à une personne de dupliquer une œuvre pour son usage personnel sans avoir à demander l’accord préalable de l’auteur et s’illustre dans deux cas : la copie pour son usage personnel faite par le propriétaire d’un exemplaire, laquelle est facile à admettre ; et celle faite par un tiers, notamment un emprunteur de l’exemplaire, laquelle s’impose aussi. On observe que la copie privée, parce qu’elle ne réalise pas une communication au public, doit être considérée comme étant hors du champ du droit d’auteur, qui trouve ici une de ses limites. Récemment, le législateur a considéré que, du fait de l’évolution des techniques, la copie privée entraînait un préjudice pour l’auteur. Il a prévu une rémunération pour le compenser. Puis, celle-ci a été cantonnée aux seules copies de source licite, en même temps qu’ont été incriminées les copies de source illicite. Mais cette pénalisation est mal vécue et peu appliquée. Et l’absence de rémunération est injuste pour l’auteur. Il serait bon de supprimer la distinction entre copie privée licite et illicite. On étendrait alors la compensation à toutes les copies privées et on se dispenserait ainsi d’assumer la charge de la répression de la copie privée illicite. On admettrait en même temps que l’auteur limite par voie contractuelle le nombre de copies privées, notamment en utilisant des mesures techniques de protection et d’information, mais sans pouvoir interdire totalement cette faculté de copie privée à l’utilisateurThe private copying’s faculty, admitted for a long time and contained in article L. 122-5 of the Code of Intellectual Property, is presented by the majority doctrine as an exception to copyright. It allows a person to duplicate a work for his personal use without having to seek the prior consent of the author and it is illustrated in two cases : the copy for his personal use made by the owner of a copy, which is easy to admit ; and the one made by a third party, including a borrower of the copy, which is also required. It is observed that private copying, because it does not make a communication to the public, must be considered as being outside the field of copyright, which finds here one of its limits. Recently, the legislature considered that, due to the evolution of the techniques, the private copy entailed a prejudice for the author. He has provided compensation to compensate him. Then, it was confined to the only copies of lawful source, while were reprimanded the copies of illicit source. But this penalty is poorly lived and little applied. And the lack of remuneration is unfair for the author. It would be good to remove the distinction between lawful and unlawful private copying. Compensation would then be extended to all private copies and the repression’s burden of unlawful private copying would be dispensed with. In the same time, it should be admitted that the author limits the number of private copies by contractual means, especially by using digital rights management, but without being able to totally prohibit this private copying’s faculty for the user
Books on the topic "Private use exceptions"
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Chapdelaine, Pascale. Copyright User Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198754794.001.0001.
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This book explores the scope of copyright user rights through the lens of property, copyright, and contract law. It proposes a taxonomy and hierarchy of copyright user rights that makes a distinction between user property, user rights, and user privileges. The book looks at user rights from an international law and multijurisdictional perspective (including the European Union, United States, Canada, United Kingdom, France, and Australia) with a particular focus on Canada, given the significant amount of jurisprudence of the Supreme Court of Canada on copyright user rights. Unlike other works that look at copyright user rights through concepts of public law and policy, this book explores user rights through concepts of private law (personal property, goods, services, sales, licences) and copyright law (exceptions to copyright infringement such as fair dealing and fair use, the first sale or exhaustion doctrine, and the impact of technological protection measures on how users experience copyright works). The book develops a pluralistic theory of copyright user rights that recognizes their diversity and myriad ways users experience copyright works, while emphasizing the importance and role of copyright users within copyright law. The book calls for the re-evaluation of the dichotomy between tangibility and intangibility and for greater cohesion between copyright law and traditional concepts of private law.
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Choi, Mihwa. Burial. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190459765.003.0006.
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Burials had become a focal point of some Confucian efforts to build a socio-moral order based on Confucian norms. “Simple burial,” idealized by scholar-officials, used a simple pit tomb with minimal burial items, based on the mainstream Confucian tradition of rejecting literary and material expression of the concrete social imaginaries of the world-beyond. Its focus rested with a tomb inscription tablet highlighting the public accomplishments and virtue of the deceased. On the other hand, many rich merchants were able to conduct a “lavish burial,” believing that the material furnishing of the tomb would actually influence the soul’s transitional process and its well-being in the world-beyond. Nevertheless, there were some exceptional cases that did not fit into the general pattern of correlations between social groups and burial practices, which suggests that tombs tended to remain as private spaces.
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Ferri, Giovanni, and Angelo Leogrande. Entrepreneurial Pluralism. Edited by Jonathan Michie, Joseph R. Blasi, and Carlo Borzaga. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199684977.013.2.
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Economic manuals and the policy debate are generally permeated by the assumption that there is an archetypical form of enterprise: the private limited company, often viewed as a public company. Instead, enterprise forms differing from the archetype are viewed as anomalous, possibly the result of unstable constructions waiting to evolve into public companies. However, reality tells us that entrepreneurial pluralism is the norm rather than the exception, and that those non-archetype enterprises do not disappear, and often thrive. Furthermore, progress in the theories of industrial organization, corporate governance, stakeholder inclusion, and the common goods all seem to suggest that entrepreneurial pluralism may be welfare enhancing. Against this background, we draw on the literature with the purpose of shedding light on the potential causes and effects of entrepreneurial pluralism. Specifically, we focus on mutual producer/consumer associations, social enterprises, co-operative enterprises, and family firms.
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Sinclair, Thomas. The Power of Public Positions. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198813972.003.0002.
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The Kantian account of political authority holds that the state is a necessary and sufficient condition of our freedom. We cannot be free outside the state, Kantians argue, because any attempt to have the “acquired rights” necessary for our freedom implicates us in objectionable relations of dependence on private judgment. Only in the state can this problem be overcome. But it is not clear how mere institutions could make the necessary difference, and contemporary Kantians have not offered compelling explanations. A detailed analysis is presented of the problems Kantians identify with the state of nature and the objections they face in claiming that the state overcomes them. A response is sketched on behalf of Kantians. The key idea is that under state institutions, a person can make claims of acquired right without presupposing that she is by nature exceptional in her capacity to bind others.
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Gillingham, Paul. Unrevolutionary Mexico. Yale University Press, 2021. http://dx.doi.org/10.12987/yale/9780300253122.001.0001.
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Unrevolutionary Mexico addresses how the Mexican Revolution (1910-1940) turned into a capitalist dictatorship of exceptional resilience. While soldiers seized power across the rest of Latin America, in modern Mexico the civilians of a single party moved punctiliously in and out of office for seventy-one years. The book uses the histories of the states of Guerrero and Veracruz as entry points to explore the origins and consolidation of this unique authoritarian state on both provincial and national levels. An empirically rich reconstruction of over sixty years of modernization and revolution (1880-1945) revises prevailing ideas of a pacified Mexico and establishes the 1940s as a decade of faltering governments and enduring violence. The book then assesses the pivotal changes of the mid-twentieth century, when a new generation of lawyers, bureaucrats and businessmen joined with surviving revolutionaries to form the Partido Revolucionario Institucional, which held uninterrupted power until 2000. Thematic chapters analyse elections, development, corruption and high and low culture in the period. The central role of military and private violence is explored in two further chapters that measure the weight of hidden coercion in keeping the party in power. In conclusion, the combination of provincial and national histories reveals Mexico as a place where soldiers prevented coups, a single party lost its own rigged elections, corruption fostered legitimacy, violence was concealed but decisive, and ambitious cultural control co-existed with a critical press and a disbelieving public. In conclusion, the book demonstrates how this strange dictatorship thrived not despite but because of its contradictions.
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Baker, Jean H. Building America. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190696450.001.0001.
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Building America: The Life of Benjamin Henry Latrobe is a biography of America’s first professionally trained architect and engineer. Born in 1764, Latrobe was raised in Moravian communities in England and Germany. His parents expected him to follow his father and brother into the ministry, but he rebelled against the church. Moved to London, he studied architecture and engineering. In 1795 he emigrated to the United States and became part of the period’s Transatlantic Exchange. Latrobe soon was famous for his neoclassical architecture, designing important buildings, including the US Capitol and Baltimore Basilica as well as private homes. Carpenters and millwrights who built structures more cheaply and less permanently than Latrobe challenged his efforts to establish architecture as a profession. Rarely during his twenty-five years in the United States was he financially secure, and when he was, he speculated on risky ventures that lost money. He declared bankruptcy in 1817 and moved to New Orleans, the sixth American city that he lived in, hoping to recoup his finances by installing a municipal water system. He died there of yellow fever in 1820. The themes that emerge in this biography are the critical role Latrobe played in the culture of the early republic through his buildings and his genius in neoclassical design. Like the nation’s political founders, Latrobe was committed to creating an exceptional nation, expressed in his case by buildings and internal improvements. Additionally, given the extensive primary sources available for this biography, an examination of his life reveals early American attitudes toward class, family, and religion.
Book chapters on the topic "Private use exceptions"
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Maister, Bernard H. "8. Putting the ‘private’ into the ‘private and non-commercial use’ exception in patent law: what does it really mean?" In European Institute for Food Law series, 129–41. The Netherlands: Wageningen Academic Publishers, 2019. http://dx.doi.org/10.3920/978-90-8686-885-8_8.
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Karapapa, Stavroula. "Remunerated Exceptions." In Defences to Copyright Infringement, 259–300. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198795636.003.0008.
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Under EU copyright, certain permitted uses are subject to the requirement that the rightsholders shall be fairly compensated. These ‘permitted-but-paid’ uses include private copying, reprography, and the reproduction of broadcasts that are made by social institutions pursuing non-commercial purposes. A number of questions arise with regard to the concept of fair compensation as a condition for the application of said exceptions, some of which have been discussed in the Court of Justice. Still, uncertainty remains regarding the way in which the requirement of fair compensation has been implemented by the various Member States, the notoriously vague and variably interpreted concept of harm on which fair compensation is premised, and the impact of compensation on the legal nature of uses. This has an impact on how the relevant remunerated exceptions are understood in terms of their legal nature: are they statutory licenses, legitimate entitlements of the rightsholders to compensation, or fully fledged rights of the users who have actually paid for their entitlement to a specific permitted use? Answers to questions like this one are becoming more pressing in the online context where the concept of harm could take unprecedented dimensions, especially with regard to private copying.
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Bently, L., B. Sherman, D. Gangjee, and P. Johnson. "9. Defences." In Intellectual Property Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198769958.003.0009.
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This chapter deals with the exceptions that a person may invoke in defence when sued for copyright infringement. Most of these exceptions are referred to as ‘permitted acts’ in Chapter III of Part 1 of the Copyright, Designs and Patents Act 1988 (CDPA 1988). The chapter begins by introducing six concepts that feature in many of the exceptions set out in the CDPA 1988: fair dealing, non-commercial use and not-for-profit users, lawful use, sufficient acknowledgment, relationship with contract, and dealings with copies made under exceptions. It then cites exceptions relating to personal copying for private use; non-commercial research or private study; text and data analysis; criticism or review; disclosure in the public interest; uses of works for people with disabilities; public administration; databases, computer programs, and electronic programs; and artistic works and broadcasts. A section on miscellaneous defences concludes the chapter.
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Aplin, Tanya, and Jennifer Davis. "13. Patents III." In Intellectual Property Law:. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198743545.003.0013.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses patent infringement, exceptions to infringement, and entitlement. Assessment of whether a patent has been infringed involves a three-stage process. First, the patent claims must be construed to see whether the defendant’s activities fall within the scope of the monopoly. Second, identify the infringing acts that the defendant is alleged to have carried out. Third, consider the applicability of exceptions to infringement. The chapter then focuses on three key exceptions to infringement within the Patents Act 1977: acts done for experimental purposes (‘experimental use’); acts done for private and non-commercial purposes (‘private use’); and the right to continue use begun before the priority date (‘prior use’). Finally, it considers persons entitled to the grant of a patent.
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Rosati, Eleonora. "Article 16—Claims to Fair Compensation." In Copyright in the Digital Single Market, 295–300. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198858591.003.0017.
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This chapter talks about claims to fair compensation covered in Article 16 of the European copyright directive, Directive 2019/790. It explains the transfer of a licensed right from a publisher, which constitutes a sufficient legal basis for the publisher to be entitled to a share of the compensation for the use of the work. It also describes publishers, including those of press publications, books or scientific publications and music publications, that operate on the basis of the transfer of authors' rights by means of contractual agreements or statutory provisions. The chapter highlights how publishers make an investment with a view to the exploitation of the works contained in their publications and be deprived of revenues where works are used under exceptions or limitations, such as those for private copying and reprography. It cites several Member States wherein the compensation for uses under exceptions or limitations is shared between authors and publishers.
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Fournet, Jean-Luc. "An Egyptian Exception?" In The Rise of Coptic, 1–39. Princeton University Press, 2020. http://dx.doi.org/10.23943/princeton/9780691198347.003.0001.
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This chapter provides an overview of the emergence of Coptic as the written form of Egyptian language. As is well known, a consequence of the Graeco-Macedonian conquest of Egypt and the establishment of the Ptolemaic Dynasty was the institution of Greek as the official language. This situation remained unchanged when Egypt came under Roman domination. Contrary to what was taking place elsewhere with other local languages in the provinces of the Eastern Roman Empire, the Egyptian language was not granted official recognition or used in official contexts during the first three centuries of its history. It remained in the shadows of private relations. Therefore, an Egyptian exception exists. The chapter then looks at the appearance of Coptic literary and documentary texts. It also considers legal texts, which had long been subject to the monopoly of Greek.
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D’Andrea, Alessia, Fernando Ferri, and Patrizia Grifoni. "RFID Technologies in the Health Sector." In E-Health Technologies and Improving Patient Safety: Exploring Organizational Factors, 140–47. IGI Global, 2013. http://dx.doi.org/10.4018/978-1-4666-2657-7.ch009.
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RFID technologies are increasingly acquiring a considerable relevance in the field of patients’ assistance. This contributes to independent living and quality of life for many patients by reducing the need of caretakers and private nursing. In this chapter, the authors present an analysis of the use of RFID technologies for three different purposes: (i) collection and access of all patient records; (ii) tracking the movements of medical equipment; (iii) monitoring the health of patients. Moreover, the authors discuss the privacy implications and existing solutions. Privacy issue represents an obstacle to the acceptance of this technology. Transmitting unprotected signals, compressed in a standard format, through the RFID technology, is associated with the risk that someone might monitor these transmissions, accidentally or intentionally. Patient-monitoring applications require exceptional performance and quality of service to provide accurate, live information to the monitoring side.
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Hamilton, Shane. "The Farms Race Begins." In Supermarket USA, 43–69. Yale University Press, 2018. http://dx.doi.org/10.12987/yale/9780300232691.003.0003.
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This chapter explains the conceptual outlines and historical roots of the Cold War Farms Race. Openly violent notions of the anticommunist power of American agriculture and food distribution emerged, making it possible to conceive of American supermarkets as not only products of “free enterprise” but also as “weapons” capable of demolishing communist claims to economic superiority over capitalism. The rhetorical militancy of the Farms Race did not emerge out of thin air during the Cold War, however. The three strands of the Farms Race—a pervasive rhetoric of exceptional American food abundance, a counterrevolutionary ideology of capitalist economic development, and a moral claim to the justifiability of U.S. economic might—emerged from decades of U.S. agricultural and food policies stretching back to the era of World War I. During and immediately after World War II, ideas about development, modernization, and feeding a hungry world merged into formal Cold War policies under Presidents Truman and Eisenhower. Disagreements about the appropriate role of private enterprise versus formal government action shaped the historical trajectories of such programs as Truman’s Point Four campaign and Eisenhower’s “trade not aid” agenda, but by the mid-1950s the Farms Race was in full swing.
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Friedman, David. "Private Prosecution and Enforcement in Roman Law." In Roman Law and Economics, 327–46. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198787211.003.0021.
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Many legal systems show evidence of having evolved out of a decentralized system of privately enforced law. Our very imperfect information on early Roman law, in particular the surviving texts from the law of the Twelve Tables, suggests that that was the case for it as well. Punishments for what we would consider crimes largely consisted of damage payments, while enforcement of court verdicts seems to have been largely the responsibility of the plaintiff, as was compelling the defendant to come to court. The earliest procedure for trial (legis actio sacramento) took the form of a bet on which side’s claim was true, with the money deposited by the losing party forfeiting to the state. Arguably its function, like that of a trial in a feud system such as that of saga-period Iceland, was to establish for third parties which of the two litigants was in the right and so entitled to use force if the losing litigant refused to obey the judgment. There was, however, an exception to that pattern for offenses against religion or directly against the state. Privately enforced systems, most notably early Irish law, make use of sureties to enforce contracts and judgments. The same was true of Roman law throughout its history, although with many detailed differences from the Irish. Over time, responsibility for prosecution and enforcement shifted from the plaintiff to state actors. But even in its final form as codified by Justinian, prosecution of both civil and criminal offenses was primarily the responsibility of private citizens.
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Worster, Donald. "Private, Public, Personal: Americans and the Land." In Wealth of Nature. Oxford University Press, 1994. http://dx.doi.org/10.1093/oso/9780195092646.003.0011.
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I Sat down the other night to do something I had not done in a long time: read the United States Constitution. Though a short document, only some twelve or thirteen double-columned pages in most printings, it was writing I had not looked at for over a decade. Yet I am an historian of this country. My excuse is that there is not enough time to read most things even once, and twice or more is out of the question. It is a poor excuse; some things we really ought to read more than once in a lifetime—ought to read every year, like Emily Dickinson’s poetry or Henry Thoreau’s book about that pond in Massachusetts. The Constitution is a piece of writing I would recommend reading no more than once a decade. It hasn’t got much of a plot. The language is clear and easy, but lacks eloquence. Its single great virtue is its plain sensibleness, a virtue that has, with many glaring exceptions, stayed with us and become one of our most attractive national qualities. We like to think we are a level-headed people and that this document epitomizes our level-headedness. In a world that often seems to have gone plumb crazy into one fanaticism or another, the Constitution reassures us with its good sense. We can look back to it with relief that our political system was framed by wise, far-sighted people; and unsure today whether we could improve on their wisdom, we usually leave it alone. Now and then we take the document out and actually read it. There is, however, one glaring omission in the Constitution, so immense and damaging that I believe we ought to try to repair it. Nowhere in all the sections, articles, and amendments is there any mention of the American land and our rights and responsibilities pertaining thereto. I find the word “land” appearing only once, and then it refers to rules governing the capture of prisoners “on Land and Water.”
Conference papers on the topic "Private use exceptions"
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Karaan, Anna Katrina. "Negotiating spaces of exception." In 55th ISOCARP World Planning Congress, Beyond Metropolis, Jakarta-Bogor, Indonesia. ISOCARP, 2019. http://dx.doi.org/10.47472/aund2912.
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Urban enclaves have come to define the growth of many contemporary cities, subdividing society spatially into homogenous groupings. In the global south, this has been translated even more distinctly due to the excessive disparity among social classes. With their predisposition towards exclusion, urban enclaves are often portrayed as particular sites of unsustainability. However, a specific version of these enclaves, the Planned Unit Development (PUD) and its current manifestation of high-density mixed-use townships, has been championed as a concept that inculcates more sustainable practices due to its innate flexibility. Utilizing a localized actor-centric approach, this study uncovers how PUDs in Metro Manila are negotiated as spaces of exception. The study uses a representative case study of one of the pioneering PUDs in Metro Manila, Eastwood City, and applies a qualitative methodology to explore how relations of state-space-society creates and continuously shapes these spaces. Eastwood City is uncovered to be a legitimized space of exception, where dominant narratives have prioritized private over public interests, but crossed into the realm of acceptability due to its claims of sustainability, particularly of the "live-work-play" lifestyle. However, this study also reveals how the narratives of the dispossessed are exhibited in the margins and how this is continuously (re)shaping the development. These point towards the possibility of alternative futures for PUDs by shifting the power to negotiate to all stakeholders, not only in the creation but also throughout the lifespan of the project, which can then lead to more inclusiveness and equality in the process. By operationalizing the PUD concept, urban enclaves can cease to be purveyors of singular interests but become dynamic spaces of exception that are constantly negotiated by their actors.
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Sperry, Benjamin R., and Curtis A. Morgan. "Review of State-Level Loan and Grant Funding Programs for Local Freight Rail Infrastructure." In 2013 Joint Rail Conference. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/jrc2013-2479.
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This paper reports the results of a comprehensive review of state-level loan and grant funding programs specifically for local freight railroad infrastructure improvements. A total of 33 unique funding programs exist in 24 states. A majority of the programs are administered through the State DOT; however, other agencies can be involved. Programs typically offer a low-interest loan, grant, or a combination of loan and grant assistance; however, some loan programs allow for conversion to a grant if performance targets (typically jobs or local carloads) are achieved. Eligible entities typically include public agencies, freight railroad companies, or private industry. While these programs appear to be providing local communities with much-needed funding for rail projects, this review finds that administrative details of state-level funding programs within the public domain, such as published project selection criteria or a clear process of decision-making for funding, are the exception rather than the rule. Furthermore, ex post evaluation of project outcomes appears to be rare, underscoring the need for greater transparency in reporting of funding awards and assessment of how funding has been used to advance economic development goals. The findings from this paper can be used by state and local policymakers considering the creation of loan or grant funding programs for freight railroad infrastructure projects or by those who are seeking to improve existing programs.
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Riis, Dan. "Developing Non-Gasoline Burning Outboard Motors for the UK MoD." In ASME 2005 Internal Combustion Engine Division Fall Technical Conference. ASMEDC, 2005. http://dx.doi.org/10.1115/icef2005-1223.
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The UK Ministry of Defence (MoD) operates a wide range of small, high performance boats, used in varying environments, and locations throughout the world. These boats primarily operate using outboard motors (OBMs) due to the optimum power to size and weight ratios they provide, and the ease of maintenance compared to inboard motor boats. The use of OBMs has, with the exception of a large and heavy 27hp diesel (compression ignition) OBM, necessitated the use of Petrol (CIVGAS - F67). This dependency evolved from the difficulty encountered developing a reliable compression ignition OBM over the full power range required (20–250hp) at acceptable power to weight/size ratios. Given the lack of a perceived market for such an engine, very little development work was done in this area in the private sector. The requirement to run OBMs on CIVGAS presents a number of problems for the MoD, including logistical, availability (especially for Special Forces), and safety (especially for HM Ships required to store the fuel on the upper decks). The Marine Propulsion Systems Integrated Project Team (MPS IPT) within MoD’s Defence Logistics Organisation (DLO), was therefore mandated to develop solutions aimed at removing MoD’s reliance on CIVGAS. This resulted in a two pronged approach investigating both micro-gas turbines and multi-fuel OBMs. This paper will present the issues encountered and the development work completed to-date developing multi-fuel reciprocating OBM technology. The primary focus has been developing direct injection, spark ignition multi-fuel OBM technology, capable of using petrol, AVTUR (F34), AVCAT (F44), diesel, and marine distillate oil (MDO - F76). The paper will discuss the project plan, the technologies involved, development work, including test and trials, and the way ahead for the future.
Reports on the topic "Private use exceptions"
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Pritchett, Lant, and Martina Viarengo. Learning Outcomes in Developing Countries: Four Hard Lessons from PISA-D. Research on Improving Systems of Education (RISE), April 2021. http://dx.doi.org/10.35489/bsg-rise-wp_2021/069.
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The learning crisis in developing countries is increasingly acknowledged (World Bank, 2018). The UN’s Sustainable Development Goals (SDG) include goals and targets for universal learning and the World Bank has adopted a goal of eliminating learning poverty. We use student level PISA-D results for seven countries (Cambodia, Ecuador, Guatemala, Honduras, Paraguay, Senegal, and Zambia) to examine inequality in learning outcomes at the global, country, and student level for public school students. We examine learning inequality using five dimensions of potential social disadvantage measured in PISA: sex, rurality, home language, immigrant status, and socio-economic status (SES)—using the PISA measure of ESCS (Economic, Social, and Cultural Status) to measure SES. We document four important facts. First, with the exception of Ecuador, less than a third of the advantaged (male, urban, native, home speakers of the language of instruction) and ESCS elite (plus 2 standard deviations above the mean) children enrolled in public schools in PISA-D countries reach the SDG minimal target of PISA level 2 or higher in mathematics (with similarly low levels for reading and science). Even if learning differentials of enrolled students along all five dimensions of disadvantage were eliminated, the vast majority of children in these countries would not reach the SDG minimum targets. Second, the inequality in learning outcomes of the in-school children who were assessed by the PISA by household ESCS is mostly smaller in these less developed countries than in OECD or high-performing non-OECD countries. If the PISA-D countries had the same relationship of learning to ESCS as Denmark (as an example of a typical OECD country) or Vietnam (a high-performing developing country) their enrolled ESCS disadvantaged children would do worse, not better, than they actually do. Third, the disadvantages in learning outcomes along four characteristics: sex, rurality, home language, and being an immigrant country are absolutely large, but still small compared to the enormous gap between the advantaged, ESCS average students, and the SDG minimums. Given the massive global inequalities, remediating within-country inequalities in learning, while undoubtedly important for equity and justice, leads to only modest gains towards the SDG targets. Fourth, even including both public and private school students, there are strikingly few children in PISA-D countries at high levels of performance. The absolute number of children at PISA level 4 or above (reached by roughly 30 percent of OECD children) in the low performing PISA-D countries is less than a few thousand individuals, sometimes only a few hundred—in some subjects and countries just double or single digits. These four hard lessons from PISA-D reinforce the need to address global equity by “raising the floor” and targeting low learning levels (Crouch and Rolleston, 2017; Crouch, Rolleston, and Gustafsson, 2020). As Vietnam and other recent successes show, this can be done in developing country settings if education systems align around learning to improve the effectiveness of the teaching and learning processes to improve early learning of foundational skills.