Artigos de revistas sobre o tema "Corporation law, texas"

Although invasion of privacy tort law has existed for more than a century in the United States,1 in Texas, this area of the law is in its infancy, tracing back only a quarter century.2 The purpose of this comment is three-fold: (1) to illustrate the origins of the four modern torts constituting invasion of privacy; (2) to examine public disclosure of embarrassing private facts ("private-facts tort"); and (3) to argue for revising the Texas private-facts tort in order to resolve its current conflict with the rights to free speech and free press. This discussion centers on recent mass media cases that conflict with the First Amendment.' Although the mass media does not have legal rights superior to any person, partnership, or corporation, this comment assumes protecting mass media interests serves to safeguard all First Amendment interests. Part I of this comment traces the origins of invasion of privacy in the United States and explores available defenses. Part II traces invasion of privacy in Texas with specific emphasis on the private-facts tort. Part III offers suggestions to Texas courts regarding invasion of privacy as it continues to evolve in Texas.

Three intermediate appellate courts in Texas have held that corporate actors— directors, officers, managers, shareholders, and probably common employees and agents—are immune from personal liability for fraud that they themselves commit as long as their deceit relates to or arises from a contractual obligation of the corporation. Similar actors in limited liability companies also enjoy immunity. These courts do not require that the business entities themselves be liable for the fraud. When the entities are not liable, these new holdings leave fraud victims no remedy at all, even if a jury would find fraud. One (or maybe two) Texas appellate courts have held otherwise. The Supreme Court of Texas will probably decide the issue, and one justice has already signed on. To date, these decisions have only been noticed in print by a few practicing attorneys. No commentator has questioned them. But the decisions are wrong. These courts claim to be following a statute, but the statute does not support the courts’ analysis. Nor does the statute’s legislative history. Surprising (and probably unnoticed) results strongly suggest the legislature never intended this reading. And what rationale could justify it? Fraud is the economic equivalent of theft. Practitioner comments on the decisions suggest that the cost of litigating fraud is too high. Texas’s reputation for pro-business policies might suggest this move is just helpful de-regulation, but it is not. Policing fraud is the only way to make markets safe for freedom of contract, and litigating fraud claims is the courts’ role. These decisions should be abandoned before they become the law in all of Texas and elsewhere.

In recent years, also in connection with Covid-19 pandemics and enforced restrictions, there has been the formation of large industrial corporations gathering separate companies with similar, sometimes complementary production profiles. This evolving trend has brought usually positive economic effects; however, it has also created some integration problems that include the process safety management. The Texas City BP accident in 2005 and its tremendous human and economic losses underlined the obstacles in defining a well-structured corporation process safety management. The main causes of the above-mentioned accident were connected to an inadequate safety culture at the managerial level. Strong leadership and high standards of corporate governance are required to inspire correct safety behavior in the staff. The so-called soft skills become even more important in the Industry 4.0 arena, where the foundation of the whole system is based on an intelligent use and interpretation of data. The importance of this aspect is confirmed by several post-accidental analyses of past events. Although some research on this topic has been already done, it is worth it to dedicate some effort to identifying specific factors which influence the corporate process safety management quality, and, once identified, to assess them. This paper applies the concept of “lessons learnt” for the identification of organizational and managerial aspects worth consideration in process safety management. Based on accident and literature reviews and expert opinions, the aim is to identify the major contributing factors among leadership and safety culture, risk awareness, knowledge and competence, communication, and information and decision-making processes. To self-assess the level of commitment of the top leaders in process safety management, a checklist approach is proposed, combined with a quantitative, weighted evaluation based on the Relative Efficiency Indicator (REI). Positive value of REI may ensure the effectiveness of process safety management in major hazard industries and their appropriate adaptation to the corporation community. The proposed method, which is validated in an actual case study, underlines the importance of an appropriate education, and of a more careful selection of HSE managers.

System strength is an important concept in the integration of renewable energy sources (RESs). However, evaluating system strength is becoming more ambiguous due to the interaction of RESs. This paper proposes a novel scheme to define the actual interaction boundaries of RESs using the power flow tracing strategy. Based on the proposed method, the interaction boundaries of RESs were identified at the southwest side of Korea Electric Power Corporation (KEPCO) systems. The test results show that the proposed approach always provides the identical interaction boundaries of RESs in KEPCO systems, compared to the Electric Reliability Council of Texas (ERCOT) method. The consistent boundaries could be a guideline for power-system planners to assess more accurate system strength, considering the actual interactions of the RESs.

Part II of this comment will provide a brief history of the oil industry in Texas as well as the large impact it has had on Texans up to the present day. Part III will examine the history of eminent domain jurisprudence in Texas, and Part IV will explore how private companies have obtained and used the power of eminent domain to lay pipelines. Part V will demonstrate how the law has affected the residents of Tarrant and neighboring counties living within the Barnett Shale, and Part VI will suggest means for reform in these areas of the law.

Tujuan dari penelitian ini ialah untuk mengetahui ketentuan tentang perlindungan konsumen dan hak hak konsumen serta ketentuan pidana bagi korporasi dalam undang undang perlindungan konsumen dan mengalisis peran teori identifikasi dalam pertanggungjawaban korporasi pada tindak pidana perlindungan konsumen. Penelitian ini menggunakan metode yuridis normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Berdasarkan hasil dari penelitian ini diketahui bahwa Undang Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen telah mengatur secara tegas mengenai bentuk bentuk perlindungan konsumen dan hak hak konsumen, dan juga diatur mengenai ketentuan pidana bagi korporasi yang melakukan pelanggaran atas ketentuan undang undang ini sebagaimana dalam Pasal 61 dan Pasal 62 Undang Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen, dan penuntutan terhadap korporasi dalam terjadinya tindak pidana perlindungan konsumen dapat dilakukan apabila penuntut umum dapat mengidentifikasi bahwa yang melakukan perbuatan pidana adalah pengurus yang merupakan personil pengendali dari korporasi tersebut dan perbuatan tersebut termasuk dalam lingkup dan maksud tujuan korporasi. The purpose of this study is to determine the provisions on consumer protection and consumer rights as well as criminal provisions for corporation in the consumer protection law and also to analyze the role of identification theory in corporate responsibility for consumer protection crimes. This study uses a normative legal research with a statutory approach and a conceptual approach. Based on the results of this study, it is known that Law Number 8 year 1999 concerning Consumer Protection has explicitly regulated the forms of consumer protection and consumer rights, and also stated the criminal provisions for corporations that violate the provisions of this law as in Article 61 and Article 62 of Law Number 8 year 1999 concerning Consumer Protection, and prosecution of corporations in the occurrence of consumer protection crimes can be carried out if the prosecutor can identify that the person committing the criminal act is the management who have authorization to control the corporation and the act is included in the scope of company business purposes.

ABSTRAK Diterimanya korporasi sebagai subyek tindak pidana, sehingga menimbulkan permasalahan kebijakan hukum pidana dalam pertanggungjawaban tindak pidana korporasi. Dalam penelitian ini terdapat dua permasalahan pokok, yaitu (1) Bagaimanakah kebijakan hukum pidana pada saat ini dalam pertanggungjawaban tindak pidana korporasi? (2) Bagaimanakah kebijakan hukum pidana terhadap pertanggungjawaban tindak pidana korporasi dalam perspektif ius constituendum ? Metode penelitian yang dipergunakan adalah metode penelitian hukum normatif dengan pendekatan perundang-undangan, perbandingan dan analisis konsep hukum. Hasil penelitian adalah : (1) KUHP tidak mengatur korporasi sebagai subyek tindak pidana yang dapat dipertanggungjawabkan dalam hukum pidana dan beberapa perundang-undangan di luar KUHP telah mengatur korporasi sebagai subyek tindak pidana yang dapat dipertanggungjawabkan dalam hukum pidana, namun masih bersifat parsial dan tidak konsisten, (2) Rancangan KUHP 2014-2015 telah mengatur secara lengkap dan tegas korporasi sebagai subyek tindak pidana dan dapat dipertanggungjawabkan dalam hukum pidana dan menerima pertanggungjawaban pidana mutlak serta pertanggungjawaban pidana pengganti, meskipun dengan pengecualian untuk memecahkan persoalan kesulitan dalam membuktikan adanya unsur kesalahan yang dilakukan oleh korporasi. Kata kunci : Kebijakan korporasi, Tindak pidana, dan Pertanggungjawaban. ABSTRACT The acceptance of corporation as the subject of criminal act brings problem to criminal law policy in corporation criminal act responsibility. There are 2 principle problems in this study : (1) How is the current criminal law policy in corporation criminal act responsibility? (2) How is criminal law policy upon the corporation criminal act responsibility in ius constituendum perspective? The research used normative law method with legislation, comparative and law concept analysis approaches. The result of the research : (1) Criminal code has not regulates corporation as the subject of criminal act that is accountable for criminal law, nevertheless it is partial but inconsistent, (2) Criminal Code Bill 1999-2000 has clearly and completely regulated corporation as subject of criminal act and is accountable for criminal law and accept unconditional criminal responsibility as well as substitute criminal responsibility, although with the exception to solve difficult problem in order to prove mistakes made by corporation. Keywords: Policy on corporation, Criminal act, and Responsibility.

This comment examines three issues of Texas de facto merger law. First, whether the Texas Legislature's 1979 amendment to Article 5.10 of the Texas Business Corporations Act was intended to eliminate the de facto merger doctrine, regardless of how closely a transaction resembles a merger. Second, whether the 1987 and 1991 amendments to Article 5.10 are additional evidence of a legislative intent to eliminate the de facto merger doctrine. And, if so, whether it was sound public policy to completely eliminate the de facto merger doctrine.

The acceptance of corporation as the subject of criminal act brings problem to criminal law policy in corporation criminal act responsibility. There are 2 principle problems in this study : (1) How is the current criminal law policy in corporation criminal act responsibility?. (2) How is criminal law policy upon the corporation criminal act responsibility in ius constituendum perspective? The research used normative law method with legislation, comparative and law concept analysis approaches. The result of the research : (1) Criminal code has not regulates corporation as the subject of criminal act that is accountable for criminal law, nevertheless it is partial but inconsistent, (2) Criminal Code Bill 1999-2000 has clearly and completely regulated corporation as subject of criminal act and is accountable for criminal law and accept unconditional criminal responsibility as well as substitute criminal responsibility, although with the exception to solve difficult problem in order to prove mistakes made by corporation. Diterimanya korporasi sebagai subjek tindak pidana, dapat menimbulkan permasalahan kebijakan hukum pidana dalam pertanggungjawaban tindak pidana korporasi. Dalam penelitian ini terdapat dua permasalahan pokok, yaitu (1) Bagaimanakah kebijakan hukum pidana pada saat ini dalam pertanggungjawaban tindak pidana korporasi?. (2) Bagaimanakah kebijakan hukum pidana terhadap pertanggungjawaban tindak pidana korporasi dalam perspektif ius constituendum ? Metode penelitian yang dipergunakan adalah metode penelitian hukum normatif dengan pendekatan perundang-undangan, perbandingan dan analisis konsep hukum. Hasil penelitian adalah : (1) KUHP tidak mengatur korporasi sebagai subjek tindak pidana yang dapat dipertanggungjawabkan dalam hukum pidana sedangkan di beberapa perundang-undangan di luar KUHP telah mengatur korporasi sebagai subjek tindak pidana yang dapat dipertanggungjawabkan dalam hukum pidana, namun masih bersifat parsial dan tidak konsisten, (2) Rancangan KUHP 2014-2015 telah mengatur secara lengkap dan tegas korporasi sebagai subjek tindak pidana dan dapat dipertanggungjawabkan dalam hukum pidana dan menerima pertanggungjawaban pidana mutlak serta pertanggungjawaban pidana pengganti, meskipun dengan pengecualian untuk memecahkan persoalan kesulitan dalam membuktikan adanya unsur kesalahan yang dilakukan oleh korporasi.

AbstrakUpaya penegakan hukum yang tegas merupakan salah satu cara untuk menjaga kelestarian lingkungan. Instrumen hukum lingkungan dibuat dan ditegakkan untuk mencegah terjadinya kerusakan lingkungan. Namun pada pelaksanaannya, penegakan hukum lingkungan tidak senada dengan konsep pembangunan berkelanjutan. Penegakan hukum lingkungan seolah hanya tajam ke bawah namun tumpul ke atas. Dalam tulisan ini, akan dibahas mengenai penegakan hukum lingkungan di sektor maritim dalam dua kasus yang berbeda, berkaitan dengan pelanggaran Undang-Undang Konservasi Nomor 5 Tahun 1990 Tentang Koservasi Sumber Daya Alam dan Ekosistemnya. Perbedaan sebab akibat dalam kasus yang berbeda tidak membuat hukum memperlakukan kedua kasus tersebut secara berbeda karena adanya asas kesamaan (equality before the law) dalam hukum. Tulisan ini akan memaparkan penegakan hukum, terutama hukum pidana, ditinjau dengan perspektif pembangunan berkelanjutan pada kasus nelayan dan kasus illegal fishing yang melibatkan korporasi. Berangkat dari perspektif tersebut, tulisan ini mencoba menganalisis alasan pentingnya tindakan afirmatif bagi penegakan hukum di masing-masing kasus. AbstractOne of the means to protect the environment is to firmly enforce the environmental law. Environmental legal instruments are made and enforced in order to prevent environmental damage. However, environmental law enforcement in practice is not always consistent with the concept of sustainable development. Environmental enforcement is sharper to the poor people, but dull to big corporations. This article attempts to discuss the enforcement of environmental law in the maritime sector in two different cases, with regard to the violation of Law no. 5 of 1990 regarding Conservation. Despite the different causation and magnitude of impacts, the law treats those cases equally due to the equality before the law principle. This article also elaborates the law enforcement, especially criminal law, with the perspective of sustainable development in the case of involving fishermen and the illegal fishing case involving a corporation. From this perspective, this paper analyzes the importance affirmative action for the law enforcement in each case.

Corporate crime is indeed significant to discuss, because it cannot be denied that the role of the corporation is now very important. In this case there needs to be strict criminal liability, so that corporations do not pollute rivers, beaches or endanger the lives of workers or the public or others. Also so that the corporation does not become a fertile ground for corruption. This paper comes with the aim of wanting to know the review of Islamic criminal law against corporate crime. At the end of the paper, it is concluded that: (1) corporate crime in Law No. 23/1997 concerning Environmental Management is an action taken by a company, union, foundation or other organization that results in environmental pollution and / or damage, while sanctions for perpetrators of pollution and/or environmental damage are in the form of fines (ranging from Rp. 100,000. 000.00 to IDR 750,000,000.00) and / or imprisonment (ranging from 3 years to 15 years). And (2) that corporate crime and sanctions are in line and not in conflict with Islamic criminal law, which is included in the category jarimah ta'zir. Abstrak: Kejahatan korporasi memang signifikan untuk dibahas, karena tidak bisa dipungkiri bahwa peran korporasi saat ini menjadi sangat penting. Dalam hal ini perlu ada pertanggungjawaban pidana secara tegas, agar korporasi tidak mencemari sungai, pantai atau membahayakan jiwa pekerja atau publik atau lainnya. Juga agar korporasi tidak menjadi tempat tumbuh suburnya tempat korupsi. Tulisan ini hadir dengan tujuan ingin mengetahui tinjauan hukum pidana Islam terhadap kejahatan korporasi. Di akhir tulisan disimpulkan, bahwa: (1) kejahatan korporasi dalam UU No. 23/1997 tentang Pengelolaan Lingkungan Hidup merupakan tindakan yang dilakukan oleh perseroan, perserikatan, yayasan atau organisasi lain yang mengakibatkan pencemaran dan/atau perusakan lingkungan hidup, sedangkan sanksi bagi pelaku pencemaran dan/atau perusakan lingkungan adalah berupa denda (berkisar antara Rp. 100.000.000,00 sampai dengan Rp. 750.000.000,00) dan/atau pidana penjara (berkisar antara 3 tahunsampai dengan 15 tahun). Dan (2) bahwa kejahatan korporasi dan sanksinya tersebut sejalan dan tidak bertentangan dengan hukum pidana Islam, di mana termasuk dalam kategori jarimah ta'zir.

_ The use of satellite imaging to verify self-reporting of methane emissions using empirical data gathered in near-real time by artificial intelligence, could cost the fossil fuel industry dearly in fines under the new methane provisions of the US Inflation Reduction Act (IRA). Signed into law in August, the IRA requires the US Environmental Protection Agency (EPA) to adopt within 2 years methods to monitor and collect empirical data on methane emissions. The act introduces the federal government’s first-ever tax on greenhouse gas emissions, but does not specify preferred technologies. Satellite monitoring is assumed to be at the top of the list, according to geo-analytics company Kayrros. Private industry can, and likely will, play the same game, as it has access to the very technologies the government uses and can invest to acquire empirical data to identify problems companies might not even know they have. Once emissions are quantified at their source, industry can clean up supply chains and thus blunt the financial impact of penalties set to debut in 2024. Third-Party Audits: Good for ESG Optics but Missing the Bigger Issue In May, ExxonMobil announced it had become the first oil and gas company to earn an “A” grade certification under the independent MiQ standard for managing methane emissions from associated gas at its Poker Lake, New Mexico, facilities which the company said in 2021 accounted for more than 10% of its Permian Basin gas production. Responsible Energy Solutions, a Texas-based independent auditor in the field of Responsibly Sourced Gas (RSG), conducted the study. One month later, Chevron announced it had earned top marks from Denver-based Project Canary, an SaaS-based (software-as-a-service) data analytics company organized as a public benefit corporation which markets itself as the gold standard for independent RSG audits. It uses its own monitoring devices and does not run data through the client’s SCADA system. Gas producers are turning to third-party audits to differentiate their production streams as RSG to comply with the investment community’s ESG (environment, social, and corporate governance) requirements. In a study issued a year ago, the global research and business consultancy Wood Mackenzie referred to RSG certification as a “nascent” industry (audit companies tend to be innovation-driven data analytic startups) and noted that “certification processes exist (currently) only for upstream assets and there is no universal or industry standard.” “Certification is based on standards such as air emissions, water stewardship, land use, and community impacts,” Wood Mackenzie reported. “RSG differs from normally produced natural gas in that producers take extra steps to reduce their carbon footprint, mitigate emissions, and minimize environmental and social impacts.” RSG certification monitoring might collect empirical data—which is a start—but it is largely at pad level, ignoring the bigger and more ominous picture that can be assessed only from space. That bigger picture is what the EPA will turn to when it begins to levy its methane tax in 2024 and it is why the industry is starting to look “up” as well. Drone surveys are widening the view. A paper presented at the 2021 SPE Annual Technical Conference and Exhibition (ATCE) detailed how BP conducted the first methane emissions survey of an offshore facility with a miniature methane spectrometer onboard a fixed-wing unmanned aerial vehicle (SPE 206181).

The article examines the nature of the influence of Germany’s urban law on Novgorod’s schras and the development of trade relations between Velikiy Novgorod and the Hanseatic League. The history of the formation of the municipal law of Germany and its variants — the system of law of the cities of Magdeburg and Lübeck — is covered. The foundation of the law of Lübeck, Magdeburg and other cities was the norms on the basis of which relations were built with the emperor or the episcopal administration, therefore the city’s charters of Germany have a number of coincidences. Some legal provisions borrowed from the city charters, as well as the rights of Lübeck and Magdeburg, will subsequently be included in the texts of Novgorod’s trade agreements and Novgorod hiding after the organization of trade representations (courtyards, factories) of the Hansa. Novgorod’s schras — multidimensional collections containing provisions on the organization of the court, the rules of trade, as well as the rules of criminal law and process. The texts of the laws have come down to our time in seven editions. The basis for all subsequent versions of the collections was the text of the secret of the second half of the XII century. Organized nature, benefits, rights and economic interests allowed German merchants to gain advantages in trade and to exist in Novgorod as a corporation for several centuries. Structural changes in the trade relations of Novgorod and the cities of the Hanseatic League led to important changes in law, especially civil and commercial, most related to the economy. Economic interaction initiated the process of legal integration between Russia and the West, stimulated the rapprochement and mutual influence of Russian and European legal institutions, gave rise to new forms of law that are acceptable for today.

<p>The purpose of this study is to investigate approaches to the promotion of the involvement of women in the international mining industry. In order to identify approaches to promote women in international mining industry, the researchers adopted an exploratory, interpretive approach to work with mining MNCs in Lao PDR. We interviewed 10 key participants from two mining multinational corporations in Laos. Gender discourses were developed in order to comprehend ‘talk’ and ‘texts’ as social practices as well as the concepts of ‘women at workplace’ from the perspectives of both men and women. The results show that various approaches can be adopted to promote women. They include (1) encouragement of women, (2) promotion of equal opportunity, and (3) celebration of women and diversity. This study also confirms, in traditionally male-dominant industry such as international mining, management requires extra and specific gender-related expert support in order to effectively promote women’s participation in the workplace.</p>

O presente estudo tem o objetivo de trazer algumas reflexões sobre o papel do cidadão corporativo fiel ao direito, enquanto sinônimo de empresa que possui programa de compliance efetivo, no plano das possíveis violações aos direitos humanos como consequência das mudanças climáticas. Para tanto, discorre-se sobre a mudança climática e os direitos humanos. Nessa primeira etapa o foco é na inter-relação entre os referidos temas, na medida em que a primeira pode afetar de forma direta o segundo. Em seguida, já no estudo ampliado, momento em que se elenca a empresa como um importante agente promotor da mudança climática, elencam-se alguns instrumentos de soft law que regulam a matéria objeto de estudo, principalmente os Princípios Orientadores das Nações Unidas sobre Empresas e Direitos Humanos de 2011. Por último, reflete-se sobre como o cidadão corporativo fiel ao direito pode ser um parceiro dos direitos humanos no contexto das mudanças climáticas.

Abstract – The Citarum river pollution by corporations in a massive way makes the ecosystem of rivers to be concerned. Criminal sanctions against corporations are expressly enforced. Criminal sanctions are deemed not to meet the sense of fairness so restorative justice approach to corporations becomes an alternative. The restorative Model of justice is considered effective for the restoration of environmental conditions as a penalty rather than criminal with the nature of Ultimum Remedium. Dialogis and mediation are tools to resolve criminal issues in fairness in court Laur. The research method with a normative juridical approach is to study various laws and regulations, as well as the principles of restorative justice with the support of secondary data through library research and analyzed with qualitative models. The results of the study, the criminal law of corporate environmental crimes can be spared criminal sanctions through social and environmental fines, reducing the buildup of matters through the discretion of law enforcement, minimising economic, ecological, and social conflicts and the lives of the environment along with local wisdom. Abstrak – pencemaran sungai Citarum oleh korporasi secara masif membuat ekosistem bantaran sungai mengkhawatirkan. Sanksi pidana terhadap korporasi secara tegas diterapkan. Sanksi pidana dipandang tidak memenuhi rasa keadilan sehingga pendekatan restorative justice terhadap korporasi menjadi alternatif. Model restoratif justice ini dipandang efektif untuk pemulihan kondisi lingkungan sebagai hukuman denda ketimbang pidana dengan sifat ultimum remedium. Dialogis dan mediasi adalah alat untuk menuntaskan persoalan perkara pidana secara berkeadilan di laur pengadilan. Metode penelitian dengan pendekatan yuridis normatif yakni menelaah berbagai peraturan dan perundang-undangan berlaku, serta asas-asas restorative justice dengan dukungan data sekunder melalui teknik studi pustaka (library research) dan dianalisis dengan model kualitatif. Hasil penelitian, hukum pidana kejahatan lingkungan korporasi dapat terhindar sanksi pidana melalui denda sosial dan lingkungan, mengurangi penumpukan perkara melalui diskresi penegak hukum, minimalisir kerugian ekonomi, ekologis, dan konflik sosial serta lestarinya lingkungan hidup seiring dengan kearifan lokal.

In the original philosophy of Mahatma Gandhi the proverbial principle is to “see no evil, hear no evil, and speak no evil”. Probably a fourth monkey should have been shown with crossing his arms as to convey “do no evil” or “do nothing”. Looking it in other way would mean, refusing to acknowledge it or feigning ignorance. It seems that in the present scenario with reference to Women era, gives us a feeling to have a relook at the three wise monkeys in a manner as shown above. The principles of jurisprudence are not confined to the texts in Sanskrit. Manu attests that custom is the foremost basis of jurisprudence. Customary law delimits Brahamnic legal theory. And customs differ according to districts, towns, castes guilds and corporations. Manu asserts the precedence of provincial custom. The Dharma Shastras are the pre-eminent Hindu legal texts written in Sanskrit, excerpts of which were translated into the early Javanese and Khmer languages. Niti i.e. Justice, is based on Dharma, which is moral law in these works. The term dharma may be traced from the root word dhr which means sustains or supports. The expressesion seems to have a wide range of meaning. It signifies the prudence of highest virtue to human welfare. We know how to swim In water like fishes We know how to fly In air like birds But we do not know how to Live on earth like human beings. Alexander Selkirk

Professional jurists are often inquisitive about the subject matter of their calling and in the course of their careers may well develop fascinating insights into the law and those who interpret it. Their employers, however, be they governments, corporations, firms, or private clients, rarely show similar enthusiasm for such insights unless the hours spent pondering the social or historical significance of this or that legal view have a contemporary value that justifies the lawyer's fee.Thankfully, other members of society are rewarded for mining the legal records of the past. For legal historians, the search often focuses on the changing legal ideas and how legal doctrine develops over time to meet the changing needs of societies. Yet because the law generally deals with concrete matters – again, because jurists are paid by people who are unlikely to remunerate those who simply while away their hours making up legal cases – it offers a reservoir of information that can be used, albeit with caution, in fields other than just the history of the law.A partial reconstruction of the law of any given time and place is among the more obvious historical uses of legal documents but statutes, practical decisions, and even theoretical texts can be used to advance other forms of the historical endeavour. Legal works often reflect the values both of jurists and society-at-large, for while the law creates social values it is not immune to changes in these very values.

In the article one of the approaches to teaching quantitative linguistics course is described. In spite of the fact that the course is relatively new there are already some traditions in its teaching. Usually the usage of a number of mathematical methods and methods of mathematical statistics is accented. Students studying quantitative linguistics according to these programs are required to have a deep understanding in the corresponding subject areas. From the beginning of the 2000s text processing computer programs have been actively developed, there are examples of using these programs in studying process. Supporting and updating previously created programs is not of current interest, online services developed by big corporations are widely used for analysis and processing of linguistic information. Programs that appeared lately have much better quality, reliability and availability compared to their predecessors. They can be successfully used in studying process. The goal of writing this article is to describe the possibilities of modern computer means for text information analysis and the methods of their usage in the process of teaching students the course of quantitative linguistics. The functionalities of a number of popular online text processing and analysis services are described in this article. Further in the article examples of the practical work on following topics are given: Text frequency characteristics, Zipf’s Law, Semantic text analysis, Typological indices of Greenberg, Grammar text analysis, building semantic graphs. Computer text processing is used also during phonosemantic analysis of words and text, identification of the author of a text, finding the amount of information in the linguistic unit. In the program of teaching students on specialization «Applied linguistics» for studying the discipline «Quantitative linguistics» 3 credits, 10 hours of lectures and 20 hours of workshops are allocated. In prospect, the development of quantitative linguistics teaching course, extension of a list of topics for studying methods of computer text processing, deepening knowledge by studying algorithms of automated text processing are possible. This can be a subject for further research in the field of teaching quantitative linguistics course.

Neste artigo objetiva-se compreender a regulamentação do voto plural, bem como se pode ser instrumento de controle dos minoritários em sociedades empresárias emergentes. As alterações promovidas da Lei de Sociedade Anônima apresentaram possibilidades de utilização do voto plural na realidade empresarial brasileira. Para o desenvolvimento do trabalho, além da revisão bibliográfica, optou-se pela utilização do método dedutivo, com base na pesquisa doutrinária, no exame de textos constitucionais e legais. Reduziu-se a incidência da regra one share, one vote (uma ação, um voto), o que permitiu a introdução de ações dual-class share (compartilhamento de classe dupla), que possibilita a supressão ou o incremento quantitativo do direito de voto dos acionistas. Observa-se que as alterações visam assegurar aos acionistas maior liberdade na condução de seus negócios, incrementando a atividade econômica brasileira, e permitindo a plena fluidez dos bens e capital do investidor na atividade econômica. Com a elaboração deste trabalho, espera-se contribuir para a discussão sobre o voto plural em sociedades empresariais no Brasil, no sentido de que poderá ser utilizado como mecanismo anti-diluição, sobretudo em sociedades anônimas simplificadas. Portanto, o voto plural é mecanismo que se incorporado, com boas práticas de governança, permitirá à sociedade a plena gestão dos fatores de produção, com a pluralidade de opções e o incremento da atividade econômica brasileira, sobretudo para start-ups que necessitam do mecanismo para a melhor gestão do sócio fundador, que por muitas vezes, não possui o capital suficiente para evitar a sua diluição, sobretudo nos primeiros anos de sua formação. Palavras-chave: Empresa. Lei de Sociedade Anônima. Alteração Legislativa. Voto Plural. Controle dos Acionistas Minoritários. Abstract This article aims to understand the regulation of plural voting, as well as whether it can be an instrument of control of minorities in emerging business companies. The amendments made to the Corporation Law presented possibilities for the use of plural voting in the Brazilian business reality. For the development of the work, in addition to the bibliographic review, it was decided to use the deductive method, based on doctrinal research, on the examination of constitutional and legal texts. The incidence of the one share, one vote rule was reduced, which allowed the introduction of dual-class share shares, which allows the suppression or quantitative increase of voting rights of the shareholders. It can be seen that the amendments aim to assure shareholders greater freedom in conducting their business, increasing Brazilian economic activity, and allowing full fluidity of the investor's assets and capital in economic activity. With the elaboration of this work, it is expected to contribute to the discussion about plural voting in business companies in Brazil, in the sense that it can be used as an anti-dilution mechanism, especially in simplified corporations. Therefore, plural voting is a mechanism that, if incorporated, with good governance practices, will allow society to fully manage production factors, with a plurality of options and an increase in Brazilian economic activity, especially for start-ups that need the mechanism for the better management of the founding partner, who often does not have enough capital to avoid dilution, especially in the early years of its formation. Keywords: Company. Corporation Law. Legislative change. Plural vote. Control of Minority Shareholders.

The significant child rights cases, socializing and dissecting child labor. We need historical, sociological, and legal research on the causes of child labor. The thesis uses legal, sociological, and critical theory to examine how power, economics, culture, and law contribute to and sustain child labor. The deconstructive approach looks into the social, cultural, and economic causes of child labor. Child work socialization is impacted by gender, money, education, and culture. It examines how power functions in social and financial systems, corporations, networks, and families. This study looks at texts, ideas, and conversations that elevate kids' creativity regardless of morality while standardizing and promoting their art. This abstract demonstrates how current laws don't work to prevent the socialization of child labor. This study suggests fostering young children's socialization by addressing ingrained structural and social inequalities. We must challenge traditions, spread knowledge, and strengthen communities if we are to stop child labor and create lasting solutions.

Universities are traditionally regarded as one of the unique creations of the Latin Middle Ages. Medieval intellectuals, who were closely associated with these institutions, are described (for example, in the works by J. Le Goff) as a new social group that had a huge impact on the history of the West. However, a crucial and hitherto unanswered question is how the novelty of this group was perceived within the framework of the languages of self-description used by medieval society (incl. rhetoric and law). Though a number of studies have been published in this field, they mostly cover only the largest scholastic centers of Europe, particularly Paris. Peripheral universities and members of their corporations, who often replicated the legal models and self-representation rhetoric of famous universities, are not well studied. The article considers one of such cases – the formation of the social group of Portuguese intellectuals associated with the university community in the 13th–15th centuries. The Portuguese studium generale was founded between 1288 and 1290 in Lisbon and moved repeatedly from Lisbon to Coimbra and back over the next 100 years. During the 13th–15th centuries, ideas of the university community’s role in society changed a lot. Based on an analysis of the terms used in source texts and forms of intellectuals’ representation, the article outlines ways to comprehend the novelty and ‘antiquity’ of medieval university corporations and social groups associated with them.

The article scrutinizes the ideas about the academic communities typical for the Latin world of the 13th and 14th centuries. It focuses on the ‘metaphorical vocabulary’ of academic corporations that was formed at that time within the framework of the Ars Dictaminis and was widely used to substantiate the status of university communities. These metaphors significantly supplemented the vague legal concepts that described academic communities (studium/studium generale, universitas). The most widespread metaphors of higher education institutions included such images as house of scholarship, seeds of knowledge, and treasure. All of them had deep roots in the Holy Scripture, but became widespread thanks to ‘exemplary’ texts included in rhetorical manuals and summae. With their help, social reality was interpreted within the framework of rhetoric as an epistemic system, often overlapping with the spheres of law and theology. The paper considers these metaphors in the context of their distribution, within the networks of local political and cultural ties drawing on cases of two Iberian universities – those of Lisbon (founded between 1288 and 1290) and Lleida (founded in 1300).

Abstract I argue that the BBC, rather than exacerbating the sensationalism so prevalent in the British press at the turn of the century, worked steadfastly to curtail the rampant affronts to character that became commonplace in media representations of celebrity. The BBC’s efforts to “enculturate” its listeners became an incubator for the literary and legal culture of the age. As such, it blurred boundaries between elites and lower-class cultures. The BBC, founded in 1922, combated loose and sensational reporting, while it struggled with financing and legal identity. In 1927, the company was wound-up and the government established a new entity, under Royal Charter. This was crucial to the legal autonomy of the corporation, and differentiated it from those established under parliamentary statute. It also gave the BBC a monopoly over broadcasting. I will focus on these differences as I argue that while the voice of the new BBC was, by legal mandate, to be “unbiased,” the effects of John Reith’s management curtailed any hope of this goal in program content. I argue that while, pursuant to further government mandate, the BBC “may neither editorialize nor carry advertising,” Reith’s control and attempts to educate became points of contention to the legal mandate of the BBC. In effect, the BBC suffered an identity crisis at its inception, on one hand an unbiased instrument of government, reporting the proceedings of Parliament, for example, and on the other, a protected and autonomous legal entity under Charter. Alongside the Royal Charter and legal precedent surrounding the BBC’s inception and operation, my examination touches on the following primary texts: Ezra Pound’s The Testament of François Villon (1931), The BBC Talks of E.M. Forster, 1929 – 1960 (2008), Shaw’s Radio Plays, and some of the interviews conducted by the BBC with T.S. Eliot.

Este ensaio teórico tem o objetivo de desenvolver um primeiro esforço de pesquisa no sentido de apontar e demonstrar a semelhança entre os elementos da comunidade de Bauman e os diálogos virtuais de Responsabilidade Social Corporativa. Exploramos o conceito de comunidade identificando conexões com o sentido de cocriação de valor na RSC no modelo de Korschun e Du. Propomos um diálogo entre tais áreas, focando especificamente nas comunidades virtuais. Pelos conceitos expostos, discutimos que a comunidade se torna um lugar comum ao diálogo para cocriação de valor. Tal discussão promove questionamentos, reflexões e identifica um campo possível para estudos futuros. Por tratar de temas emergentes na academia, esse trabalho se destaca pela originalidade capaz de contribuir para o avanço nos estudos na administração, unindo aspectos da RSC ao sentido de comunidade, numa perspectiva sociológica. Suportamos teoricamente uma possível conexão entre a comunidade de Bauman e o sentido de comunidade nos diálogos virtuais nas comunidades de RSC, de modo que os dois elementos agem como se houvesse a presença de laços entre eles. Esse respaldo se dá pela visão de Bauman a respeito do sentido de comunidade impulsionado pela comunicação. Nesse contexto, os estudos de Granovetter nos auxiliam ao indicar que os laços em redes sociais são elementos capazes de contribuir para a coesão social.

This study aims to look at one of the areas in Riau Province that is experiencing rapid forest degradation, Pekanbaru City, which is the Capital of Riau Province. The existence of forests in Pekanbaru City is only centered on the outskirts of the city and the Greater Forest Park area which is directly adjacent to the Siak Regency and urban forests which are spread in Pekanbaru City. The study was conducted in Pekanbaru City using a normative juridical approach concerning legal principles in the form of conceptions, statutory regulations, views, legal doctrines and related legal systems. This type of approach emphasizes obtaining information in the form of legal texts relating to the object under study, the data collection tool is literature study and documentation study. The results and discussion in this study found that criminal formulations against illegal logging (Illegal Loging) contained in the Criminal Code, after the enactment of Law Number 41 of 1999 concerning Forestry against acts of utilizing forest products without the permission of the authorities, legal subjects both individuals, legal entities and business entities by not providing further explanation of the formulation of criminal acts so that criminal sanctions against individuals and corporations are also applied equally to criminal sanctions, there are still many weaknesses so that they are unable or ineffective to accommodate the novelty of forest destruction. and provide a deterrent effect for the offender. Prevention and Eradication of Forest Destruction as a solution to prevent and eradicate forest destruction with a policy that is more stringent and strict criminal law.

Objetivo: Analisar a relação entre a Cultura Sustentável e os drivers de valor das companhias de capital aberto listadas brasileiras no período de 2006 a 2020. Referencial teórico: O quadro teórico aborda, principalmente, temas como sustentabilidade, Índice de Sustentabilidade Empresarial (ISE), Governança Ambiental, Social e Corporativa e Responsabilidade Social Corporativa (RSC), bem como as relações entre os desempenhos ambiental e financeiro no contexto empresarial. Método: Utilizou-se o modelo de regressão em dados em painel para a análise dos dados. Resultados e conclusão: Os principais resultados sugerem que há, aparentemente, associação negativa entre o investimento em ESG versus desempenho financeiro das empresas. Identificou-se, porém, uma relação positiva entre o tempo de permanência no ISE e os ativos intangíveis das firmas, podendo indicar a criação de valor através de uma melhor imagem institucional perante a sociedade. Implicações da pesquisa: Os resultados evidenciam que ser sustentável custa caro às entidades e que, por outro lado, o investimento em sustentabilidade parece fazer bem à imagem das empresas, indicando mais uma ferramenta estratégica para as firmas em geral. Evidencia-se a importância da cultura sustentável das firmas, que repercute em toda sociedade, numa pauta de interesse global, visando o bem-estar ambiental, organizacional e, por consequência, social. Originalidade/valor: Este estudo é pioneiro ao sugerir relação entre tempo de permanência no ISE e os ativos intangíveis das companhias, analisando a carteira daquele indicador, desde o seu surgimento.

Lex collegii Aesculapii et Hygiae is one of the most frequently cited source texts concerning the Roman private corporations. In this article I try to verify the traditional interpretation of this inscription. Firstly, the analysis of the provisions included in the lex collegii Aesculapii et Hygiae leads to the conclusion that what we have here is not the organisation’s statute but an agreement between the collegium and Salvia Marcellina and her brother-in-law, P. Aelius Zeno. Secondly, quite common conviction that the collegium Aesculapii et Hygiae was a funerary one is based on a very meagre source material. The term funeraticium used by the authors of the lex collegii with the utmost certainty is insufficient to claim that it was a collegium funeraticium. The statement that the college owned a graveyard is also based on an erroneous interpretation of the words defunctorum loca, found in the lex collegii, which supposedly meant places in the corporate graveyard, while in fact they referred to the membership of the college (members’ places in the college). Moreover, the commemorative services, collegial feasts and distributions which are mentioned in lex collegii should be considered in a wider social context. For members of the collegium the participation in these ceremonies was first of all an opportunity to demonstrate their position within the college and in the urban community. The same applies to patrons and benefactors of the collegium.

This Article examines ethical issues posed by imperfections in legal texts. More particularly, it addresses "legal loopholes," carefully defining the term and then exploring whether there is anything wrong with exploiting loopholes for private gain. Focusing on corporate settings, the analysis considers both the obligation of a business leader to support reasonably just social institutions and the professional obligation of corporate counsel advising on such issues. Although the notion of a legal loophole enjoys widespread colloquial use, the term is typically used quite loosely and without critical reflection. Perhaps in an adversarial system, one becomes accustomed to taking full advantage of any and all effective legal recourse, including but not limited to the exploitation of loopholes. Loopholes often generate arguments over interpretation. This Article addresses the ethics of legal interpretation head on. It examines the scope of the social obligation to abide by a good faith interpretation of a legal text, rather than to exploit inevitable imperfections in those texts to advance private interests. The analysis proceeds in three parts followed by a conclusion. Part II portrays a loophole as a style of argument that pits a literal inter- pretation of a text against a more purposeful one. Because literal interpretations sometimes prevail, loopholes have economic value. Part III examines the ethics of a corporate legal strategy to construct strained interpretations of the law as guides to corporate conduct. The discussion embraces both the libertarian insights of Milton Friedman and the democratic liberalism of John Rawls, drawing useful ideas from each. Part IV considers the role of corporate counsel, concluding that in an adversarial setting, corporate counsel must argue for the legal interpretation that best suits the corporation's needs. In a transactional setting, by contrast, where advising rather than advocacy is the norm, ethics require a more balanced interpretation. The Article concludes with a brief summary.

La invisibilidad de las empresas transnacionales para el Derecho internacional y su inaprehensibilidad por el Derecho nacional puede conducir a una instrumentalización y una mercantilización del Derecho, donde la moneda débil desplace a la fuerte; o dicho de otra manera, donde las normas indicativas ('soft law') desplacen a las normas imperativas ('ius cogens'), en temas tan nucleares como el respeto por los derechos humanos, sociales y medioambientales; cuya protección sigue siendo asimétrica en los distintos Estados (Norte-Sur), que conforman la comunidad internacional. Este y no otro, es el contexto en el que asistimos a una repentina concienciación de las empresas por la defensa de los derechos económicos y sociales de los ciudadanos que, curiosamente, se traduce en una apuesta -o presión- por menos regulación y más autorregulación y donde la Responsabilidad Social Corporativa (RSC) constituye su ejemplo más evidente. En la misma línea, pero de forma más crítica, hay quienes afirman que solo se trata de un testimonio más, de un nuevo paradigma mundial, el globalismo, donde los estados-nación son rehenes de las instituciones financieras y grandes corporaciones internacionales. Lo que da lugar a una apropiación del Derecho internacional por parte de los poderes económicos. ¿Regulación o autorregulación? No podemos obviar que uno de los principales riesgos de la autorregulación, común a cualquier norma privada, es que podría dar lugar a que se desarrolle y trivialice la práctica del 'self service', del 'pick and choose' normativo o, dicho en otras palabras, del Derecho a la carta; es decir, la capacidad de las grandes corporaciones transnacionales para «legislar» y delimitar el alcance de su responsabilidad.

This research aimed to study how the party`s accountability for offences committed by legislative candidates. What action that taken by a party of electoral violations and whether the party can be charged for. In the doctrine of Criminal Law known by criminal responsibility related to offenders, and in progress subject to criminal law, not only individual but institution or agency or corporation/firms. So, they should be responsible for it. It was a normative legal research, studying the principles of law related to criminal responsibility. Collecting data were done by two stages that were literature and field research. The first aimed to obtain secondary data namely, law material ;primary, secondary and tertiary. And then, the second, collecting data with an in-depth interview with certain key informant. It used a qualitative method.The result showed that party never asked for their responsibility related to offences by legislative candidates who committed election crime because the act did not rule it. The party had not take action associated with offences were done by them. Politic party as cooperation/firms ideally should take account to candidates who conducted the crime. It was a necessary regulation that managed its accountability as in cooperation. Besides, the party should give politics education and strict sanctions to them who did despicable manners. Key words: accountability, party, election of criminal act, legislative ABSTRAK Penelitian ini dimaksudkan untuk mengkaji bagaimana pertanggungjawaban partai terhadap pelanggaran yang dilakukan oleh Calon Anggota Legislatif, Apa tindakan yang diambil oleh partai terhadap pelanggaran pemilu yang dilakukan oleh Calon Anggota Legislatif dan apakah partai dapat dipersalahkan terhadap pelanggaran yang dilakukan oleh Calon Anggota legislatif. Hal ini dilatarbelakangi oleh karena di dalam doktrin hukum pidana dikenal adanya pertanggungjawaban pidana yang dikaitkan dengan pelaku, dan dalam perkembangannya subyek hukum pidana bukan hanya orang perorangan, malainkan juga suatu badan atau korporasi. Sehingga yang dapat dimintai pertanggungjawaban adalah juga suatu badan atau korporasi. Penelitian ini merupakan penelitian hukum normatif, yang mengkaji asas hukum yang terkait dengan pertanggungjawaban pidana, namun demikian diperlukan data lapangan sebagai pelengkap. Pengumpulan data dilakukan melalui dua tahap yaitu penelitian kepustakaan dan penelitian lapangan. Penelitian Kepustakaan (library research), untuk memperoleh data sekunder berupa bahan hukum; primer, sekunder dan tertier. Penelitian lapangan dilakukan dengan cara wawancara mendalam (deptintevew) dengan narasumber yang ditentukan. Data yang terkumpul baik dari hasil penelitian lapangan maupun dari penelitian kepustakaan dianalisis dengan menggunakan metode kualitatif. Hasil penelitian menunjukkan bahwa Partai tidak pernah dimintai pertanggungjawaban sehubungan dengan pelanggaran yang dilakukan oleh calon anggota legislatif yang melakukan tindak pidana Pemilu, karena Undang-undang tidak mengatur pertanggungjawaban Partai terhadap tindak pidana yang dilakukan oleh calon anggota ligeslatif. Partai tidak pernah melakukan tindakan terkait dengan calon legislatif yang melakukan pelanggaran. Partai Politik sebagai Korporasi idealnya juga harus bertanggungjawab terhadap tindak pidana yang dilakukan oleh calon anggota legislatif. Diperlukan regulasi yang mengatur pertanggungjawaban partai terhadap tindak pidana yang dilakukan oleh Calon anggota legislatif sebagaimana pertanggungjawaban dalam tindak pidana korporasi. Di samping itu, hendaknya partai melakukan pendidikan politik kepada anggotanya dan memberikan sanksi tegas kepada anggota partai politik yang merlakukan perbuatan yang tercela. Kata Kunci: Tindak pidana Pemilu

The protection of breastfeeding is a human rights issue. It is closely related to the right that babies and mothers have to the highest attainable standard of health, to adequate nutrition and to reliable information. Argentina has incorporated the “International Code of Marketing of Breastmilk Substitutes” into different regulations in a partial and fragmentary manner, being considered a country “with some provisions of the Code included”.This article is intended to present an assessment of the level of compliance with the rules currently in force in Argentina by corporations as well as by state agencies responsible for enforcement and supervision, focusing on labelling and advertising aspects. The study comprised two different methods for data collection. First, labels found on containers of infant formulas and modified milks for children were collected and analysed according to NetCode Protocol for periodic assessments. Second, ads in digital ecosystem were collected and a content analysis of texts and images was performed.The packages of 54 types of breastmilk substitutes were photographed and examined. 100% of the examined labels of substitutes were in violation of the national rules and regulations and the provisions set forth in the Code. The most frequent reasons were nutrition and/or health claims or declarations, imagery and language idealizing the use of the product, and invitations to make contact with the company. Regarding mandatory texts or designs, violations included the omission, modification, and font size or position that minimizes their presence.In relation to advertising, a database of 440 Instagram and Facebook ads was created. The most profusely advertised products were modified milks for children from 1 year of age, marketed with a figure ‘3’, which constitutes a way of cross-promoting all the line-products. In addition, it was documented that the state agencies involved in approval and control of product labelling and the supervision of advertising either accepted or did nothing about companies’ violations. Moreover, the channels to file complaints were fragmented and usually non-responsive.All of this constitutes a “formula for deception”, an abusive marketing environment. Therefore, currently the major imperative is for Argentina to immediately apply the existing regulations, and to monitor and penalize violations. In the longer term, it is necessary to design a comprehensive law that covers all the provisions of the Code.

The article analyzes characteristic features and development logic of the library project by Google, which started from the famous Google Book Search project (also known as Google Books and Google Print), and later as Google Play Books within the multi-platform multimedia service Google Play. For decades, a constant trend of the corporation’s activity has been the development and testing of new social and communication models in working with users, combining the complexity and global reach of the audience with the use of its interactive potential. In the early 2000s, the company initiated mass scanning of library collections, thus starting the development of a new institutional paradigm for electronic libraries. Later, having developed new business models for the distribution of electronic copies of printed products in the course of numerous legal proceedings on charges of copyright infringement, it also pioneered the new information market development.From the very beginning, Google Book Search was aimed at the mass user, which was facilitated by its constantly expanding set of options and increasing level of comfort of access to the resource. In 2006—2010, the service presented an opportunity for users to download, in pdf format, books free of copyright law; a new viewing interface “About this book” was added; an opportunity to operate texts using “My library” option was provided; a mobile version of the service was launched; access to statistical information on diachronic frequency dynamics of word usage based on the collected database was provided.The article analyzes the further development of the library project within the Google Play Books service, which allows users to read, buy and sell e-books, use bookmarks, download their own books in pdf and EPUB formats, and synchronize data on all user’s devices. There is assessed the social significance of the project in the context of the global electronic civilization development.

Compared with Japan, no other industrialized country has so adamantly denied foreign investors direct access to its domestic markets. Japan continued to deny such market access until domestic constituencies finally championed foreign demands and successfully pressured a reluctant state for concessions. The initiative for these concessions came neither from Japan's principal government negotiators in the Ministry of International Trade and Industry (MITI) nor from public policymakers in America. Rather, it came from American and other multinational corporations (MNCs) seeking to exploit imperfect markets for the technology and related assets which they alone controlled and which a few Japanese oligopolists demanded. These local oligopolists served as manipulative intermediaries between MNCs and the nationstate and in that position determined both the timing and the substance of their country's long march toward capital liberalization. Between the legislation of capital controls in 1950 and the de jure elimination of those controls in 1980, what began as an extension of limited concessions to individual MNCs, eventually aided by small regulatory loopholes, gradually encompassed all foreigners supplying broad product groups. During the intervening thirty years, the MNCs examined in this article— including Coca-Cola, IBM, Texas Instruments, and the “big three” U.S. automakers —finally gained limited access to the Japanese market. For them, the formal liberalizations of the late 1960s and early 1970s proved significant, but not always decisive, as Japanese oligopolists moved both to replace public regulations with private restrictions and to mesh their ongoing political influence domestically with their emerging economic power internationally. Thus, de facto liberalization proceeded slowly and unevenly, at least through 1980, and foreign direct investment in Japan continued to languish. What capital liberalization did occur had little to do with the pressures exerted on MITI and the Japanese state by the U.S. government and the international organizations that America then controlled. Rather, American diplomacy proved successful in forcing concessions from Japan only when it was backed up both by the economic power of American MNCs and by the active support of Japanese business.

A regulatory process of “democratizing the media” based on recent constitutional guarantees and a 2013 communications law is under way in Ecuador. The initiative comes from a demand for new forms of social accountability and participation in the mass media after the Latin American experience of media companies’direct engagement in coups and the destabilization of progressive governments. Media democratization is seen as necessary for the construction of democratic societies. It is distinct in Latin America from recent Northern approaches, which tend to be technocratic, suggesting democratic transformation through new online media and enhanced consumer options. Ecuador’s process follows similar initiatives in Venezuela, Bolivia, Argentina, and Uruguay but is perhaps more articulate and systematic. It is instructive in that it builds on well-established public policy themes of the containment of monopoly power, redress of civil wrongs, and the promotion of participation and diversity. While media corporations mostly seek to disqualify debate on media regulation, Ecuador’s approach deserves closer examination. Ecuador está llevando a cabo un proceso de “democratización de medios” basado en las recientes garantías constitucionales y la ley de comunicaciones de 2013. La iniciativa responde a una exigencia de nuevas formas de responsabilidad social y participación en los medios de comunicación masivos a raíz de experiencias latinoamericanas en las cuales ciertas compañías de medios han intervenido para desestabilizar o generar golpes de estado contra gobiernos progresistas. La democratización de los medios se considera necesaria para la construcción de sociedades democráticas, y esta aproximación se distingue de aquellas características del hemisferio norte con sus tendencias tecnocráticas, que sugieren que la transformación democrática se ha de llevar a cabo mediante nuevos medios en línea y opciones de consumo más amplias. El proceso ecuatoriano se suma a iniciativas similares en Venezuela, Bolivia, Argentina y Uruguay, pero es quizá más articulado y sistemático. Se basa en temas de política pública establecidos como la contención del poder monopólico, la rectificación de delitos civiles, y la promoción de la participación y la diversidad. Si bien las corporaciones de medios han buscado descalificar los debates en torno a la mencionada regulación, los esfuerzos ecuatorianos merecen ser examinados más de cerca.

Purpose In Portugal, between 1989 and 2010, capital gains from corporate shares were exempted, while gains from other instruments, like limited liability companies (LLC) equity stakes, were taxed. Inevitably, this non-neutral tax treatment originated a notorious tax arbitrage, consisting in the transformation of the legal status of a LLC into a corporation, the subsequent share sale and tax exemption. In tax litigation, many arbitration rulings were delivered, with widely divergent decisions. The purpose of this paper, using a blend of the legal research method and case analysis, is to discuss three research questions. Should the general anti-abuse clause (GAAC) be applied to this tax planning operation? Why the divergence in arbitration rulings? Is this anomalous arbitration outcome because of the wording the GAAC and its complexity or, contrarily, does it emerge from the disconnection between the set of rules governing capital gains taxation and the legislative intent that is behind such rules? Design/methodology/approach The methodology used in this paper is based on a mix of the legal research method and case analysis. In the case of legal research, a hermeneutic approach – meaning that documents, texts and their interpretation can produce important fruits to the development of the field – is a tested and fruitful approach. Besides being a hermeneutic discipline, it is an argumentative one. By exposing arguments that confirm or deny particular solutions, legal research (e.g. in criminal, business or administrative law) can influence better legislative choices by political actors. Advantages of case analysis include lessons learned from observation. The author discusses if the application of the GAAC to an arrangement that originated a tax exemption can be validated by the usual interpretative lines that doctrine sustains should be observed when a GAAC is used to void legal schemes. The pros and cons of tax arbitration are also highlighted. Findings The conclusion of this paper is that the GAAC is not the crux of the problem. Instead, a contradictory or, at least, disconnected relation between the expressed intent of legislators and the wording of capital gains tax clauses is, in our view, the main reason for such divergent arbitration rulings on the same issue. Practical implications The author believes that the paper is a contribution to the literature, given the global use of anti-abuse clauses and the interpretative complexities they originate. Moreover, the analysis in this paper is carried out in a legal setting where a disconnection is detectable between the expressed legislative intent and the legal drafting of personal income tax rules related to the exemption of capital gains. Studying the complexity added by this feature of the Portuguese legislation serves as a reminder of the importance of careful and well-crafted wording to achieve consistent court outcomes. Originality/value The paper has value to governments, tax authorities and tax managers, given the ever-increasing use of anti-abuse clauses in many countries, and the potential use of arbitration in similar settings.

The International American Studies Association is dismayed to see the explosion of anger, bitterness and desperation that has been triggered by yet another senseless, cruel and wanton act of racialized violence in the United States. We stand in solidarity with and support the ongoing struggle by African Americans, indigenous peoples, ethnic minorities, migrants and the marginalized against the racialized violence perpetrated against them. As scholars of the United States, we see the killing of George Floyd and many before them as acts on the continuum of the history of the powerful committing racialized violence against the powerless in the United States from before the birth of that country to the here and now of the present day. This continuum stretches from the transatlantic slave trade, the genocide of the indigenous population, the denial of rights and liberties to women, through the exploitation of American workers, slavery and Jim Crow, to the exclusion and inhumane treatment of the same migrants who make a profit for American corporations and keep prices low for the U.S. consumer. As scholars of the United States, we are acutely aware of how racialized violence is systemic, of how it has been woven into the fabric of U.S. society and cultures by the powerful, and of how the struggle against it has produced some of the greatest contributions of U.S. society to world culture and heritage. The desperate rebellion of the powerless against racialized violence by the powerful is in turn propagandized as unreasonable or malicious. It is neither. It is an uprising to defend their own lives, their last resort after waiting for generations for justice and equal treatment from law enforcement, law makers, and the courts. In too many instances, those in power have answered such uprisings with deadly force—and in every instance, they have had alternatives to this response. We are calling on those in power and the people with the guns in the United States now to exercise their choices and choose an alternative to deadly force as a response to the struggle against racialized violence. You have the power and the weapons—you have a choice to do the right thing and make peace. We are calling on U.S. law makers to listen and address the issues of injustice and racialized violence through systemic reform that remakes the very fabric of the United States justice system, including independent accountability oversight for law enforcement. We are calling on our IASA members and Americanists around the world to redouble their efforts at teaching their students and educating the public of the truth about the struggle against racialized violence in the United States. We are calling on our IASA members and Americanists around the world to become allies in the struggle against racialized violence in the United States and in their home societies by publicizing scholarship on the truth, by listening to and amplifying the voices of black people, ethnic minorities and the marginalized, and supporting them in this struggle on their own terms. We are calling on all fellow scholarly associations to explore all the ways in which they can put pressure with those in power at all levels in the United States to do the right thing and end racialized violence. There will be no peace in our hearts and souls until justice is done and racialized violence is ended—until all of us are able “to breathe free.” Dr Manpreet Kaur Kang, President of the International American Studies Association, Professor of English and Dean, School of Humanities & Social Sciences, Guru Gobind Singh Indraprastha University, India;Dr Jennifer Frost, President of the Australian and New Zealand American Studies Association, Associate Professor of History, University of Auckland, New Zealand;Dr S. Bilge Mutluay Çetintaş, Associate Professor, Department of American Culture and Literature, Hacettepe University, Turkey;Dr Gabriela Vargas-Cetina, Professor of Anthropology, Universidad Autónoma de Yucatán, Mexico;Dr Paweł Jędrzejko, Associate Professor of American Literature, University of Silesia in Katowice, Poland;Dr Marietta Messmer, Associate Professor of American Studies, University of Groningen, The Netherlands;Dr Kryštof Kozák, Department of North American Studies, Charles University, Prague;Dr Giorgio Mariani, Professor of English and American Languages and Literatures, Department of European, American and Intercultural Studies, Università “Sapienza” of Rome;Dr György Tóth, Lecturer, History, Heritage and Politics, University of Stirling, Scotland, United Kingdom;Dr Manuel Broncano, Professor of American Literature and Director of English, Spanish, and Translation, Texas A&M International University, Laredo, USA;Dr Jiaying Cai, Lecturer at the School of English Studies, Shanghai International Studies University, China;Dr Alessandro Buffa, Secretary, Center for Postcolonial and Gender Studies, University of Naples L’Orientale, Italy;

Mediante un estudio descriptivo y correlacional, se analizó la relación entre la percepción de la calidad de la gestión administrativa del director y el grado de compromiso laboral de los docentes de algunos colegios privados de El Salvador, en un contexto donde cada año los docentes renuncian a sus trabajos y pasan a laborar al sector gubernamental. Se administraron dos instrumentos, uno para medir la percepción de la gestión administrativa del director y otro para medir el grado de compromiso de los docentes, a 87 docentes de los siete colegios de las regiones metropolitana y occidental de El Salvador. Se encontró que los docentes tienen un compromiso laboral muy bueno. De igual manera, la percepción que tienen los docentes de la gestión administrativa del director es muy buena. Al observarse la correlación entre ambas variables, se determinó que es positiva y alta. Se observó que cuánto mejor perciben los docentes la gestión administrativa del director mayor es el compromiso con su trabajo. El liderazgo del director es importante para el compromiso laboral de los docentes, por lo cual su selección y nombramiento deben ser realizados con cuidadoso análisis. Referencias Alam, S. (2017). A study on leadership styles executed by principal and academic coordinator in one of the private schools in Gilgit-Baltistan, Pakistan. Academic Research International, 8(3), 71-78. Calik, T., Sezgin, F., Kavgaci, H. y Kilinc, A. (2012). Examination of relationships between instructional leadership of school principal’s and self-efficacy of teacher and collective teacher efficacy. Educational Sciences: Theory & Practice, 12(4), 2469-2504. Chiang Vega, M., Núñez Partido, A., Martín, M. J. y Salazar Botello, M. (2010). Compromiso del trabajador hacia su organización y la relación con el clima organizacional: un análisis de género y edad. 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Universidad de Montemorelos, Montemorelos, Nuevo León, México. Mustapha, N., Zainal Abidin, M. Z. y Saufi, S. (2013). Measuring the influence of dispositional characteristics and motivational factors on employee loyalty among teachers at private Islamic schools in Kelantan, Malaysia. International Review of Social Sciences & Humanities, 5(2), 127-134. Oberholster, F. R., Taylor V, J. W. y Cruise, R. J. (2000). Spiritual well-being, faith maturity, and the organizational commitment of faculty in Christian colleges and universities. The Journal of Research on Christian Education, 9(1), 31-60. https://doi.org/ 10.1080/10656210009484896 Okutan, M. (2014). My school principal is not a leader. Education, 135(1), 93-100. Ontiveros Ramírez, F. (2016). Modelo de asociación entre factores predictores del desempeño y compromiso laboral validado en maestros del corporativo educativo adventista de la Unión Mexicana del Norte (Tesis doctoral). 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Background: CD74 is highly expressed on B cell malignancies, including non-Hodgkin's lymphoma (NHL) and multiple myeloma (MM). STRO-001, a novel CD74-targeting ADC was generated using Sutro's cell-free protein synthesis (XpressCF™) and site-specific conjugation (XpressCF+™) platform technologies. STRO-001 contains a potent maytansinoid warhead conjugated to two specific sites (drug-antibody ratio of 2) using a stable non-cleavable linker. This first-in-human Phase 1, open-label, multicenter, dose escalation study was designed to evaluate the safety, tolerability, and preliminary anti-tumor activity of STRO-001 in adults with B-cell malignancies. Methods: Patients with advanced, relapsed/refractory MM and NHL are eligible for enrollment. STRO-001 is administered as a 60-minute IV infusion on Days 1 and 15 of a 28-day cycle until disease progression or unacceptable toxicity. Two cohorts, one for MM and one for NHL patients, were initially enrolled with an accelerated dose titration design (N of 1), but are now being enrolled and analyzed independently with a traditional 3+3 dose escalation design. Results: As of July 15th, 25 patients (14 MM and 11 NHL), have been treated at 7 dose levels: .05, .075, .15, .27, .43, .65 and .91 mg/kg. NHL subtypes include: 3 follicular lymphoma (FL), 1 marginal zone lymphoma, 4 diffuse large B-cell lymphoma (DLBCL), 1 Burkitt's lymphoma, 1 mantle cell lymphoma and 1 composite DLBCL/FL. Ten females and 15 males have been treated to date. Median age is 64 (range 21-82). Median ECOG performance status is 1 (range 0-2). Median number of prior therapies is 6 (range 2-12). Three patients (2-MM and 1-NHL) had received CAR-T therapy. Median number of STRO-001 doses administered is 4 (range 1-12). 21 patients have completed at least one cycle (two doses) of STRO-001 and are evaluable for safety and toxicity for dose escalation recommendation. One MM patient progressed after one dose of STRO-001 and was not evaluable for dose limiting toxicities (DLTs), while 2 patients are currently completing Cycle 1 and not yet evaluable for DLTs. Most AEs are grade 1 or 2 (58%) with the most common grade 1-2 TEAEs of fatigue, chills, pyrexia, cough, nausea, headache and infusion reaction occurring in ≥ 20% of patients. 2 DLTs have been observed, one grade 3 and one grade 5 thromboembolic events, which resulted in a protocol amendment requiring screening for thrombosis at baseline (Doppler US for patients with non-bulky disease, and CT venogram with contrast for patients with bulky disease ≥ 8 cm.) Since implementing this requirement, 3 out of 10 patients enrolled were found to have preexisting thromboses and were allowed on study with anticoagulation and no additional thromboembolic events have been observed. 19 of 21 (90%) of treatment discontinuations have been secondary to disease progression. One patient with DLBCL achieved a complete response after 2 cycles (Figure 1) and progressed after 12 doses (6 cycles). An additional DLBCL patient achieved a partial response at Cycle 3. A patient with MM has stable disease after 6 doses (3 cycles). Four patients remain on treatment and dose escalation is ongoing. PK and anti-drug antibody (ADA) analyses are ongoing. Preliminary PK analysis of ADC shows exposure increased (Cmax from 0.39 to 8.2 µg/mL) and (AUC0-tlast from 0.41 to 21 h*µg/mL) as dose increased from 0.05 to 0.65 mg/kg. Summary/Conclusion: STRO-001 is the first ADC generated with novel cell-free protein synthesis technology and site-specific conjugation with the non-natural amino acid pAMF to be tested in the clinic. STRO-001 has been well-tolerated. No ocular toxicity signals have been observed and the MTD has not been reached. Preliminary anti-tumor activity observed in 2 patients with DLBCL is encouraging. The study continues to enroll patients in dose escalation. This study is registered with clinicaltrials.gov identifier NCT03424603. Disclosures Shah: Oncosec: Equity Ownership; Cell Vault: Consultancy, Equity Ownership; Exelexis: Equity Ownership; Geron: Equity Ownership; Incyte: Consultancy; Celgene: Other: Advisory Board; Lentigen: Honoraria, Research Funding; Kite Pharma: Other: Advisory Board. Krishnan:Takeda: Research Funding; Celgene, Z Predicta: Other: Stock Ownership; Celgene, Janssen, Sanofi, BMS: Consultancy; Sutro BioPharma, zPredicta: Consultancy; Amgen, Takeda: Speakers Bureau. Shah:University of California, San Francisco: Employment; Bristol-Myers Squibb: Consultancy, Honoraria, Membership on an entity's Board of Directors or advisory committees; Amgen: Consultancy, Honoraria, Membership on an entity's Board of Directors or advisory committees; Nkarta: Consultancy, Membership on an entity's Board of Directors or advisory committees; Kite: Consultancy, Membership on an entity's Board of Directors or advisory committees; Teneobio: Consultancy, Membership on an entity's Board of Directors or advisory committees; Genentech, Seattle Genetics, Oncopeptides, Karoypharm, Surface Oncology, Precision biosciences GSK, Nektar, Amgen, Indapta Therapeutics, Sanofi: Membership on an entity's Board of Directors or advisory committees; Poseida: Research Funding; Indapta Therapeutics: Equity Ownership; Celgene, Janssen, Bluebird Bio, Sutro Biopharma: Research Funding. Burke:Celgene: Consultancy; Roche/Genentech: Consultancy; Gilead: Consultancy. Melear:DARA: Speakers Bureau; Texas Oncology: Employment. Spira:Virginia Cancer Specialists: Employment; MedImmune: Research Funding; Roche: Research Funding; AstraZeneca: Research Funding; Boehringer Ingelheim: Research Funding; Astellas Pharma: Research Funding; Novartis: Research Funding; Incyte: Research Funding; ADC Therapeutics: Research Funding; Abbvie: Research Funding; BMS: Consultancy; Newlink Genetics: Research Funding. Popplewell:City of Hope: Employment. Andreadis:University of California, San Francisco: Employment; Celgene: Research Funding; Genentech: Consultancy, Employment; Gilead: Consultancy; Jazz Pharmaceuticals: Consultancy; Juno: Research Funding; Kite: Consultancy; Merck: Research Funding; Novartis: Research Funding; Pharmacyclics: Research Funding; Roche: Equity Ownership. Sharman:Acerta: Consultancy, Honoraria, Research Funding; AbbVie: Consultancy, Honoraria, Research Funding; Janssen: Consultancy, Research Funding; AstraZeneca: Consultancy, Honoraria, Research Funding; TG Therapeutics: Consultancy, Honoraria, Research Funding; Pharmacyclics LLC, an AbbVie Company: Consultancy, Honoraria, Research Funding; Genentech: Consultancy, Honoraria, Research Funding. Kaufman:Janssen: Honoraria; AbbVie: Consultancy; Amgen: Consultancy; Takeda: Consultancy; Bristol-Myers Squibb: Consultancy; Incyte: Consultancy; Karyopharm: Membership on an entity's Board of Directors or advisory committees; TG Therapeutics: Consultancy; Celgene: Consultancy; Pharmacyclics: Membership on an entity's Board of Directors or advisory committees; Winship Cancer Institute of Emory University: Employment. Cohen:Seattle Genetics, Inc.: Consultancy, Research Funding; Bristol-Meyers Squibb Company: Research Funding; Janssen Pharmaceuticals: Consultancy; LAM Therapeutics: Research Funding; UNUM: Research Funding; Hutchison: Research Funding; Astra Zeneca: Research Funding; Lymphoma Research Foundation: Research Funding; ASH: Research Funding; Takeda Pharmaceuticals North America, Inc.: Research Funding; Gilead/Kite: Consultancy; Genentech, Inc.: Consultancy, Research Funding. Niesvizky:Takeda, Amgen, BMS, Janssen, Celgene: Consultancy, Research Funding. Martin:Amgen, Sanofi, Seattle Genetics: Research Funding; Roche and Juno: Consultancy. DiLea:Aclairo Pharmaceutical Development Group, Inc.: Employment. Kuriakose:Sutro Biopharma: Employment, Equity Ownership. Matheny:Sutro Biopharma: Employment, Equity Ownership. Leonard:AstraZeneca: Consultancy; Bayer Corporation: Consultancy; Celgene: Consultancy; Sandoz: Consultancy; MorphoSys: Consultancy; Karyopharm Therapeutics: Consultancy; Sutro Biopharma: Consultancy; Merck: Consultancy; BeiGene: Consultancy; Gilead: Consultancy; Nordic Nanovector: Consultancy; ADC Therapeutics: Consultancy; Miltenyi: Consultancy; Akcea Therapeutics: Consultancy; Epizyme, Inc: Consultancy; Genentech, Inc./F. Hoffmann-La Roche Ltd: Consultancy. Molina:Sutro Biopharma: Employment, Equity Ownership.

Background: Inotuzumab Ozogamicin (INO) is a humanized anti-CD22 monoclonal antibody that has emerged as an attractive therapeutic target for CD22+ b-cell lymphoid malignancies. We prospectively studied the safety and efficacy of INO when added to our standard nonmyeloablative allogeneic stem cell transplant (alloSCT) conditioning regimen of BFR (bendamustine, fludarabine and rituximab) (Khouri IF, et al. Blood 2014;124:2306). We also compared results to patients who received BFR+alloSCT without INO in prior trial. Methods: INO was infused intravenously (IV) on day -13 outpatient, with a dose cohort of 0.6, 1.2 or 1.8 mg/m2, to determine the maximum tolerated dose. Bendamustine 130 mg/m2 IV daily on days -5 to -3 together with 30 mg/m2 IV of fludarabine on days -5 to -3 were given prior to transplantation. Rituximab was given at a dose of 375 mg/m2 IV on days -6, +1, and +8. Tacrolimus and mini-methotrexate were used for graft versus host disease (GVHD) prophylaxis. In addition, thymoglobulin 1 mg/kg IV was given on days -2, and -1 in patients receiving a matched unrelated donor (MUD) transplant. Results: AlloSCT with INO.The study group included 26 patients treated between December 2012 and September 2019. Median age was 59 (range, 26-70) years. Eleven (42% had an HCT-CI &gt;3. Disease types: CLL [n=7 (27%) ; 2 with TP53 mutations, 2 others with 17p-; 4 with unmutated immunoglobulin heavy chain gene], Richter's (n=4, 15%), mantle cell lymphoma (MCL) [n=8 (31%); 6/6 patients tested had Ki 67 &gt;30%; 1 had blastoid histology and 1 had 17p-], follicular lymphoma (n=5, 19%), and diffuse large b cell (DLBCL[n= 2 (8%); including 1 double-expressor subtype]. Median prior treatments was 2.5 (range, 1-6). CLL patients were previously treated with ibrutinib (n=6, 86%; 5 had the drug discontinued due to refractoriness to ibrutinib, one had poor tolerance, and 1 was bridged to transplant), idelalisib (n=2, refractory), venetoclax (n=4; sensitive), CAR-T cell (n=1, refractory). One patient with Richter refractory to nivolumab+chemotherapy. Four MCL patients were previously treated with ibrutinib (2 had progression, 2 were bridged to transplant). At study entry, 18 (69%) patients were in CR, 7 (27%) in PR, and 1 (4%) had SD. Eleven (42%) received their transplants from HLA-compatible siblings and 15 (58%) from MUDs. The number of patients who received the 0.6, 1.2 or 1.8 mg/m2 of INO were 4, 2 and 20 patients, respectively. No DLT was observed. Neutrophil counts recovered to &gt; 0.5 x 109/L a median of 6 days after transplantation (range, 0-12). Eleven patients (42%) never experienced an ANC &lt; 0.5 x 109/L and 20 (77%) never experienced a platelet counts &lt; 20K x 109/L. All patients engrafted donor cells and no secondary graft failure occurred. By day 30, median donor myeloid and T-cells were 92% and 99%, respectively. Both increased to 100% by day 90. The CI acute grade 2-4 GVHD, 3-4 GVHD and 1-year chronic extensive GVHD were 27%, 4 % (none had grade 4) and 31%, respectively. Non-relapse mortality (NRM) at 5-years was 11.7%. With a median follow-up time of 49 (range, 4-83) months, the 5-year OS and PFS rates were 84% and 81%, respectively (Figure 1). Control group: AlloSCT without INO. We compared results to a group of patients (n=56) with relapsed lymphoid malignancies who received alloSCT at our center on a preceding prospective trial between April 2009 and February 2013, using BFR conditioning without INO and the same GVHD prophylaxis. There was no statistically significant difference in patients, disease or transplant characteristics between the 2 groups. We also found no statistically significant differences in engraftment times, % donor cell, 5-year NRM (12.5%), risk of acute 2-4 or 3-4 GVHD. Liver toxicity encountered between the two groups is summarized in Table 1. The 5-year OS and PFS was 75% and 62%, respectively (Figure 2). Conclusions: Our results show that INO at a dose level of 1.8 mg/m2 is well-tolerated when combined with the BFR nonmyeloablative allogeneic conditioning regimen for lymphoid malignancies. No added toxicity or increased myelosuppression were observed compared to patients who received BFR alone. An ongoing trial at our center includes patients with acute lymphoblastic leukemia evaluating INO added during conditioning and post- alloSCT for maintenance. Disclosures Khouri: Bristol Myers Squibb: Research Funding; Pfizer: Research Funding. Jain:Fate Therapeutics: Research Funding; BeiGene: Honoraria, Membership on an entity's Board of Directors or advisory committees; Aprea Therapeutics: Research Funding; Verastem: Honoraria, Membership on an entity's Board of Directors or advisory committees, Research Funding; Cellectis: Research Funding; Genentech: Honoraria, Membership on an entity's Board of Directors or advisory committees, Research Funding; ADC Therapeutics: Research Funding; AbbVie: Honoraria, Membership on an entity's Board of Directors or advisory committees, Research Funding; Pfizer: Research Funding; Pharmacyclics: Honoraria, Membership on an entity's Board of Directors or advisory committees, Research Funding; TG Therapeutics: Honoraria, Membership on an entity's Board of Directors or advisory committees; BMS: Research Funding; Janssen: Honoraria, Membership on an entity's Board of Directors or advisory committees; Precision Bioscienes: Honoraria, Membership on an entity's Board of Directors or advisory committees, Research Funding; Incyte: Research Funding; Servier: Honoraria, Membership on an entity's Board of Directors or advisory committees, Research Funding; Adaptive Biotechnologies: Honoraria, Membership on an entity's Board of Directors or advisory committees, Research Funding; AstraZeneca: Honoraria, Membership on an entity's Board of Directors or advisory committees, Research Funding. Kadia:Abbvie: Honoraria, Research Funding; Cellenkos: Research Funding; Pulmotec: Research Funding; Amgen: Research Funding; Cyclacel: Research Funding; Incyte: Research Funding; BMS: Honoraria, Research Funding; Celgene: Research Funding; Astellas: Research Funding; Ascentage: Research Funding; Pfizer: Honoraria, Research Funding; Astra Zeneca: Research Funding; Novartis: Honoraria; JAZZ: Honoraria, Research Funding; Genentech: Honoraria, Research Funding. Pemmaraju:Roche Diagnostics: Honoraria; Samus Therapeutics: Research Funding; Blueprint Medicines: Honoraria; Celgene: Honoraria; SagerStrong Foundation: Other: Grant Support; LFB Biotechnologies: Honoraria; Novartis: Honoraria, Research Funding; DAVA Oncology: Honoraria; Affymetrix: Other: Grant Support, Research Funding; MustangBio: Honoraria; Daiichi Sankyo: Research Funding; Plexxikon: Research Funding; Incyte Corporation: Honoraria; Cellectis: Research Funding; Stemline Therapeutics: Honoraria, Research Funding; AbbVie: Honoraria, Research Funding; Pacylex Pharmaceuticals: Consultancy. Bashir:Celgene: Research Funding; StemLine: Research Funding; Acrotech: Research Funding; Takeda: Other: Advisory Board, Research Funding; Purdue: Other: Advisory Board; Amgen: Other: Advisory Board; KITE: Other: Advisory Board. Kebriaei:Novartis: Other: Served on advisory board; Kite: Other: Served on advisory board; Ziopharm: Other: Research Support; Pfizer: Other: Served on advisory board; Jazz: Consultancy; Amgen: Other: Research Support. Popat:Bayer: Research Funding; Novartis: Research Funding. Nastoupil:Genentech, Inc.: Honoraria, Research Funding; Celgene: Honoraria, Research Funding; Karus Therapeutics: Research Funding; Gamida Cell: Honoraria; Bayer: Honoraria; Gilead/KITE: Honoraria; Novartis: Honoraria, Research Funding; Merck: Research Funding; Janssen: Honoraria, Research Funding; Pfizer: Honoraria, Research Funding; TG Therapeutics: Honoraria, Research Funding; LAM Therapeutics: Research Funding. Flowers:BeiGene: Consultancy; Burroughs Wellcome Fund: Research Funding; TG Therapeutics: Research Funding; Bayer: Consultancy; Denovo Biopharma: Consultancy; AbbVie: Consultancy, Research Funding; Acerta: Research Funding; Leukemia and Lymphoma Society: Membership on an entity's Board of Directors or advisory committees; V Foundation: Research Funding; Kite: Research Funding; Genentech, Inc./F. Hoffmann-La Roche Ltd: Consultancy, Research Funding; Gilead: Consultancy, Research Funding; OptumRx: Consultancy; Eastern Cooperative Oncology Group: Research Funding; Cancer Prevention and Research Institute of Texas: Research Funding; National Cancer Institute: Research Funding; Spectrum: Consultancy; Pharmacyclics/Janssen: Consultancy; Karyopharm: Consultancy; Millennium/Takeda: Consultancy, Research Funding; Celgene: Consultancy, Research Funding. Kantarjian:Novartis: Research Funding; Jazz Pharma: Research Funding; Agios: Honoraria, Research Funding; Pfizer: Honoraria, Research Funding; Amgen: Honoraria, Research Funding; Cyclacel: Research Funding; Actinium: Honoraria, Membership on an entity's Board of Directors or advisory committees; Daiichi-Sankyo: Research Funding; Immunogen: Research Funding; Astex: Research Funding; Takeda: Honoraria; AbbVie: Honoraria, Research Funding; BMS: Research Funding; Ariad: Research Funding. Champlin:Actinium: Consultancy; Takeda: Patents & Royalties; Genzyme: Speakers Bureau; DKMS America: Membership on an entity's Board of Directors or advisory committees; Johnson and Johnson: Consultancy; Omeros: Consultancy; Cytonus: Consultancy. Jabbour:Pfizer: Other: Advisory role, Research Funding; BMS: Other: Advisory role, Research Funding; Genentech: Other: Advisory role, Research Funding; Takeda: Other: Advisory role, Research Funding; Adaptive Biotechnologies: Other: Advisory role, Research Funding; AbbVie: Other: Advisory role, Research Funding; Amgen: Other: Advisory role, Research Funding. OffLabel Disclosure: Use Of Inotuzumab Ozogamicin in conditioning for allogeneic transplantation

AbstractThe current study seeks to identify possible anthropogenic and/or natural environmental stressors that may account for the long-term decline of ecosystem health in Lavaca Bay, Texas, USA. The Formosa Plastics Corporation instituted monitoring of an industrial discharge into the bay with 16 fixed point stations and quarterly sampling from 1993 to 2020. Comprehensive measurements included organic and inorganic solutes in surface water, porewater and sediment, sediment content, plankton, nekton, and infaunal benthos. All parameter trends changed over time due to climate, freshwater inflow events, and/or seasonal changes. Biological community structure and sediment changed with distance from the discharge site. Dominance characterized community structure because three to four taxa comprised > 70% of individuals for nekton (trawl and gill net), phytoplankton, zooplankton, and ichthyoplankton samples. Sediment became sandier over time (48 to 75%) and away from the discharge. Surface water and porewater at reference (R) stations and stations near the discharge site had similar hydrographical and biological trends over time, indicating no long-term impact due to the discharge. However, 99.9% of 424,671 measurements of organic contaminants were non-detectable because the methods were insensitive to ambient concentrations. Thus, it is still not known if contaminants play a role in the long-term decline of ecosystem health in Lavaca Bay. Furthermore, only four R stations were sampled and were all 3810 m from the discharge site, so it is possible that trends in R stations do not represent the natural background. Future studies should include more R stations and lower detection limits for contaminants.

Gulf South Research Corporation (GSRC) personnel conducted an intensive archaeological survey of an existing footpath and detached river terrace, referred to as “No Name Island” proposed for vegetation removal on behalf of U.S. Customs and Border Protection (CBP). The project area consists of an approximately 0.25-mile-long dirt footpath, which is proposed to be widened to 16 feet to allow vehicle access (i.e., No Name Access Road), and an approximately 1.12-acre area of detached river terrace (i.e., No Name Island), for which clearing of dense vegetation is proposed. This investigation constitutes CBP’s good faith effort to take into account any adverse effects that may occur as a result of the proposed undertaking in compliance with Section 106 of the National Historic Protection Act (NHPA) (Public Law 89-665; 54 U.S.C. 300101 et seq). The intensive Phase I archaeological investigation included background research of the physical environment, cultural history of the area, previous investigations and previously reported cultural resources, and field survey. Field survey included pedestrian surface inspection supplemented with the excavation of shovel test pits (STPs). Background research revealed eight investigations have been previously conducted, three archaeological sites, and one National Register of Historic Places (NRHP)-listed historic district have been previously recorded within a 0.5-mile radius of the proposed project area. Two of these investigations overlapped with portions of the survey area. None of the previously identified archaeological sites or the NRHP-listed district overlap with either the No Name Access Road or No Name Island survey areas. During field survey, the pedestrian survey encountered no archaeological resources on the ground surface. The subsurface testing consisted of the excavation of four STPs along No Name Access Road within the 0.25 mile long, 60-foot wide project corridor and five STPs within the 1.12 acre No Name Island vegetation removal area. None of the nine STPs were positive for cultural material. As a result of this investigation, no cultural resources were identified within the proposed project area. The proposed project will have no adverse effect on cultural resources and no further work is recommended.

On behalf of VRRSP Consultants, LLC, and Central Texas Regional Water Supply Corporation (CTRWSC), SWCA Environmental Consultants (SWCA), conducted further intensive cultural resources investigations of the Vista Ridge Regional Water Supply (Vista Ridge) Project in Burleson, Lee, Bastrop, Caldwell, Guadalupe, Comal, and Bexar Counties. The project will involve installation of a 140.2-mile-long, 60-inch-diameter water pipeline from Deanville, Burleson County, Texas, to north-central San Antonio, Bexar County, Texas. The area of potential effects (APE) will consist of the proposed centerline alignment and an 85-foot-wide corridor for temporary and permanent construction easements; however, SWCA surveyed a 100-foot-wide corridor to allow for minor shifts in the alignment. This addendum report details the findings of additional cultural resources investigations between 2016 and 2018, on the alignment. The Vista Ridge Project is subject to review under Section 106 of the National Historic Preservation Act (54 USC 306108) and its implementing regulations (36 CFR 800), in anticipation of a Nationwide Permit 12 from the U.S. Army Corps of Engineers in accordance with Section 404 of the Clean Water Act. In addition, the work is subject to compliance with the Antiquities Code of Texas (ACT) under Permit No. 7295, as the Vista Ridge Project ultimately will be owned by a political subdivision of the State of Texas. Furthermore, all human burials in the state of Texas are protected by law, as per the Texas Health and Safety Code Section 711 General Provisions Relating to Cemeteries and the Texas Administrative Code Title 13, THC, Chapter 22 Cemeteries, Sections 22.1 through 22.6. If human burials are encountered in the Project Area and the remains are determined to be Native American, they will be handled in accordance with procedures established through coordination with the THC; work in the affected area would only resume per THC authorization. Between 2016 and 2018, SWCA investigated approximately 29.5 miles of the current 140.2-mile-long project corridor and the proposed 6.9-mile-long wellfield pipeline that was not previously surveyed during the prior 2015 investigations (Acuña et al. 2016). Investigations consisted of intensive pedestrian survey augmented with shovel testing and hand-excavated auger probes and/or mechanical backhoe trenching in select areas. In addition, SWCA investigated the 25.82-acre terminus site slated for the construction of an integration system (Atwood and Ward 2017). SWCA also surveyed additional mileage, which included rerouted areas that are no longer part of the currently proposed alignment. SWCA excavated 967 shovel tests, 96 auger probes, and 85 backhoe trenches during these additional investigations. SWCA documented or further investigated 28 cultural resources within the Vista Ridge Project during the 2016 to 2018 investigations. Of the 28 resources, seven were isolated finds that did not warrant formal site recording or require additional investigations. The remaining 21 cultural resources include 15 prehistoric sites, three historic sites, and three multi-component sites with both prehistoric and historic cultural materials. Of the 21 sites, two (i.e., 41BP960 and 41BP961) are currently UNDETERMINED regarding eligibility for the National Register of Historic Places (NRHP) or as a State Antiquities Landmark (SAL), and one site (i.e., 41GU177) was determined to be ELIGIBLE for listing on the NRHP and for designation as a SAL. SWCA conducted testing and data recovery excavations at site 41GU177 and the results of testing investigations conducted under Permit No. 7295 are presented as an appendix to this report (Rodriguez et al. 2017); the data recovery investigations of site 41GU177 were completed under Permit No. 8231 and will be a separate report. Additionally, sites 41BP960 and 41BP961 have been avoided by design alignment changes and will not be impacted by the Vista Ridge Project. The remaining 18 cultural resources sites are considered NOT ELIGIBLE for nomination to the NRHP or for designation as SALs and no further cultural resources investigations or avoidance are recommended. In addition, SWCA documented two cemeteries (the Hill Cemetery and the Hoffman Cemetery) during the 2016 to 2018 investigations. Due to subsequent reroutes, the Hill Cemetery (located within the boundaries of site 41BP818) is now avoided and will not be impacted by the project. Mechanical scraping was conducted adjacent to the Hoffman Cemetery in compliance with the Texas Health and Safety Code; no evidence of interments was identified within the project area. In accordance with 36 CFR 800.4 and the ACT, SWCA has made a reasonable and good faith effort to identify cultural resources within the project area. Two sites (i.e., 41BP960 and 41BP961) are recommended as having UNDETERMINED eligibility for listing on the NRHP or for SAL designation and one site (41GU177) is recommended as ELIGIBLE. The remaining 18 are recommended as NOT ELIGIBLE for listing on the NRHP or for SAL designation. Site 41GU177 has been mitigated and the results will be presented in a stand-alone report (Nielsen et al. 2019). The two sites (41BP960 and 41BP961) of UNDETERMINED eligibility have been avoided by design alignment changes and will not be impacted by the project. No further work or avoidance strategy is recommended for the remaining 18 archaeological sites identified during the Vista Ridge Project.

The menace of environmental pollution is not limited to a particular clime. The scourge is being felt globally. Efforts to combat the menace are still ongoing at global, regional and national levels. Nigeria, as a sovereign nation, has suffered and is still suffering the menace of environmental pollution. The discovery of crude oil in commercial quantity gave birth to corporation-induced environmental pollution. National effort towards combating corporation-induced pollution gave rise to series of legal frameworks while the country continues to experience environmental degradation. Against this backdrop, this paper looks for options beyond the conventional corporate law vide Shari’ah mechanism. This paper, which employs the Qualitative Research Design, adopts both the doctrinal and nondoctrinal legal research approaches. For the doctrinal approach, content analysis was adopted to analyze the primary sources like texts of Fiqh and legislations as well as the secondary sources such as textbooks, journals, articles, reports, among others. With the aid of comparative analysis, the paper compares approaches to corporation-induced environmental protection under conventional law and Shari’ah. The paper further presents a visual representation of the various views using thematic analysis with the help of ATLAS.ti software. The paper contends that environmental pollution signifies corporate governance failure. It also argues that despite the availability of legal framework for environmental protection, the menace of corporation-induced pollution is persistent ow-ing to certain challenges. It is contended that Nigeria has never considered Shari’ah perspective in protecting its environment. Hence, Shari’ah approach is recommended for combating corporation-induced environmental pollution in Nigeria.

The study of law as a social process should combine an analysis of structures from a political economy perspective with a sociological focus on the practices of lawyering in mediating social relations and conflicts through the formulation and interpretation of legal texts. This approach is applied here to software, which has become the oxygen of the world economy, powering the digitalisation that has transformed economic activities and social life. The forms this has taken have been moulded by lawyers, battling over intellectual property rights in computer programs, enshrining them in national law and international standards, as well as devising the international tax avoidance strategies that have helped propel the giant digital-tech transnational corporations to global dominance. These contests have taken place through processes of formulation and interpretation of the legal concepts that both reflect and shape social struggles over economic and political power, mediated by law, in contemporary corporate capitalism.

AbstrakPenghindaran Pajak Berganda diatur di dalam “Pasal 39 UU No. 16 Tahun 2009 Tentang Ktetentuan Umum dan Tata Cara Perpajakan (KUP)”. Tujuan dari jurnal ilmiah Untuk menganalisis dan menjelaskan penegakan hukum terhadap penghindaran pajak berganda di masa akan datang. Penelitian ini menggunakan metode penelitian yuridis normatif, pendekatan undang-undang dan kasus. Hasil penelitian ini adalah Kebijakan hukum pidana dalam penegakan hukum pidana terhadap penghindaran pajak berganda di masa akan datang harus adanya pidana tambahan di dalam rumusan “Pasal 39 UU No. 16 Tahun 2009 Tentang Ketentuan Umum dan Tata Cara Perpajakan (KUP)” belum mengatur secara tegas mengenai: pencabutan izin usaha, pelarangan permanen untuk melakukan perbuatan usaha, penutupan seluruh atau sebagian usaha, pembekuan seluruh atau sebagian kegiatan usaha, dan pembubaran korporasi atau perusahaan tersebut untuk penegakan hukum pidana terhadap penghindaran pajak berganda yang akan datang serta pihak berkepentingan saling berkoordinasi dalam menangani kasus penghindaran pajak berganda tersebut. Saran dari penulis adalah harus adanya pidana tambahan di dalam rumusan pada “Pasal 39 UU No. 16 Tahun 2009 Tentang Ketentuan Umum dan Tata Cara Perpajakan(KUP)” mengenai: pencabutan izin usaha, pelarangan permanen untuk melakukan perbuatan usaha, penutupan seluruh atau sebagian usaha, pembekuan seluruh atau sebagian kegiatan usaha, dan pembubaran korporasi atau perusahaan tersebut. Kata kunci : Kebijakan Hukum Pidana, Penegakan Hukum Pidana, dan Penghindaran Pajak Berganda AbstractAvoidance of Double Taxation is regulated in the Article 39 of the Act No. 16 of 2009 Concerning General Provisions of Taxation (KUP). The objective of this scientific journal article is to analyze and to explain law enforcement against double taxation in the future. This study uses a normative juridicial research method, a statutory and a case approach. The results of this study recommend the following: that in the criminal law policies of criminal law enforcement against double taxation avoidance in the future, there must be an additional criminal punishment in the formulation of “Article 39 of the Act No. 16 of 2009 Concerning General Provisions of Taxation (KUP)” that has not explicitly regulated the following maters: revocation of business lincenses, permanent prohibition of carrying out business activities, and dissolution of the corporation or company for the enforcement of criminal law against double taxation avoidance in the future. Furthermore, interested parties should coordinate with each other in dealing with the double taxation avoidance case. The writer also suggests that there should be additional punishment in the formulation of “Article 39 of the Act No. 16 of 2009 Concerning General Provisions of Taxation (KUP)” relating to revocation of business licenses, permanent prohibition of carrying out business actions, closure of all or part of business, freezing of all or part of business activities, and dissolution of the corporation or company. Keywords: Criminal Law Policy, Criminal Law Enforcement, and Avoidance of Double Taxation

Proponents of the free culture movement argue that contemporary, “over-zealous” copyright laws have an adverse affect on the freedoms of consumers and creators to make use of copyrighted materials. Lessig, McLeod, Vaidhyanathan, Demers, and Coombe, to name but a few, detail instances where creativity and consumer use have been hindered by copyright laws. The “intellectual land-grab” (Boyle, “Politics” 94), instigated by the increasing value of intangibles in the information age, has forced copyright owners to seek maximal protection for copyrighted materials. A propertarian approach seeks to imbue copyrighted materials with the same inalienable rights as real property, yet copyright is not a property right, because “the copyright owner … holds no ordinary chattel” (Dowling v. United States 473 US 207, 216 [1985]). A fundamental difference resides in the exclusivity of use: “If you eat my apple, then I cannot” but “if you “take” my idea, I still have it. If I tell you an idea, you have not deprived me of it. An unavoidable feature of intellectual property is that its consumption is non-rivalrous” (Lessig, Code 131). It is, as James Boyle notes, “different” to real property (Shamans 174). Vaidhyanathan observes, “copyright in the American tradition was not meant to be a “property right” as the public generally understands property. It was originally a narrow federal policy that granted a limited trade monopoly in exchange for universal use and access” (11). This paper explores the ways in which “property talk” has infiltrated copyright discourse and endangered the utility of the law in fostering free and diverse forms of creative expression. The possessiveness and exclusion that accompany “property talk” are difficult to reconcile with the utilitarian foundations of copyright. Transformative uses of copyrighted materials such as mashing, sampling and appropriative art are incompatible with a propertarian approach, subjecting freedom of creativity to arbitary licensing fees that often extend beyond the budget of creators (Collins). “Property talk” risks making transformative works an elitist form of creativity, available only to those with the financial resources necessary to meet the demands for licences. There is a wealth of decisions throughout American and English case law that sustain Vaidhyanathan’s argument (see for example, Donaldson v. Becket 17 Cobbett Parliamentary History, col. 953; Wheaton v. Peters 33 US 591 [1834]; Fox Film Corporation v. Doyal 286 US 123 [1932]; US v. Paramount Pictures 334 US 131 [1948]; Mazer v. Stein 347 US 201, 219 [1954]; Twentieth Century Music Corp. v. Aitken 422 U.S. 151 [1975]; Aronson v. Quick Point Pencil Co. 440 US 257 [1979]; Dowling v. United States 473 US 207 [1985]; Harper & Row, Publishers, Inc. v. Nation Enterprises 471 U.S. 539 [1985]; Luther R. Campbell a.k.a. Luke Skyywalker, et al. v. Acuff-Rose Music, Inc. 510 U.S 569 [1994].). As Lemley states, however, “Congress, the courts and commentators increasingly treat intellectual property as simply a species of real property rather than as a unique form of legal protection designed to deal with public goods problems” (1-2). Although section 106 of the Copyright Act 1976 grants exclusive rights, sections 107 to 112 provide freedoms beyond the control of the copyright owner, undermining the exclusivity of s.106. Australian law similarly grants exceptions to the exclusive rights granted in section 31. Exclusivity was a principal objective of the eighteenth century Stationers’ argument for a literary property right. Sir William Blackstone, largely responsible for many Anglo-American concepts concerning the construction of property law, defined property in absolutist terms as “that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the whole universe” (2). On the topic of reprints he staunchly argued an author “has clearly a right to dispose of that identical work as he pleases, and any attempt to take it from him, or vary the disposition he has made of it, is an invasion of his right of property” (405-6). Blackstonian copyright advanced an exclusive and perpetual property right. Blackstone’s interpretation of Lockean property theory argued for a copyright that extended beyond the author’s expression and encompassed the very “style” and “sentiments” held therein. (Tonson v. Collins [1760] 96 ER 189.) According to Locke, every Man has a Property in his own Person . . . The Labour of his Body and the Work of his hands, we may say, are properly his. Whatsoever then he removes out of the State that Nature hath provided and left it in, he hath mixed his Labour with, and joyned to it something that is his own, and thereby makes it his Property. (287-8) Blackstone’s inventive interpretation of Locke “analogised ideas, thoughts, and opinions with tangible objects to which title may be taken by occupancy under English common law” (Travis 783). Locke’s labour theory, however, is not easily applied to intangibles because occupancy or use is non-rivalrous. The appropriate extent of an author’s proprietary right in a work led Locke himself to a philosophical impasse (Bowrey 324). Although Blackstonian copyright was suppressed by the House of Lords in the eighteenth century (Donaldson v. Becket [1774] 17 Cobbett Parliamentary History, col. 953) and by the Supreme Court sixty years later (Wheaton v. Peters 33 US 591 [1834]), it has never wholly vacated copyright discourse. “Property talk” is undesirable in copyright discourse because it implicates totalitarian notions such as exclusion and inalienable private rights of ownership with no room for freedom of creativity or to use copyrighted materials for non-piracy related purposes. The notion that intellectual property is a species of property akin with real property is circulated by media companies seeking greater control over copyrighted materials, but the extent to which “property talk” has been adopted by the courts and scholars is troubling. Lemley (3-5) and Bell speculate whether the term “intellectual property” carries any responsibility for the propertisation of intangibles. A survey of federal court decisions between 1943 and 2003 reveals an exponential increase in the usage of the term. As noted by Samuelson (398) and Cohen (379), within the spheres of industry, culture, law, and politics the word “property” implies a broader scope of rights than those associated with a grant of limited monopoly. Music United claims “unauthorized reproduction and distribution of copyrighted music is JUST AS ILLEGAL AS SHOPLIFTING A CD”. James Brown argues sampling from his records is tantamount to theft: “Anything they take off my record is mine . . . Can I take a button off your shirt and put it on mine? Can I take a toenail off your foot – is that all right with you?” (Miller 1). Equating unauthorised copying with theft seeks to socially demonise activities occurring outside of the permission culture currently being fostered by inventive interpretations of the law. Increasing propagation of copyright as the personal property of the creator and/or copyright owner is instrumental in efforts to secure further legislative or judicial protection: Since 1909, courts and corporations have exploited public concern for rewarding established authors by steadily limiting the rights of readers, consumers, and emerging artists. All along, the author was deployed as a straw man in the debate. The unrewarded authorial genius was used as a rhetorical distraction that appealed to the American romantic individualism. (Vaidhyanathan 11) The “unrewarded authorial genius” was certainly tactically deployed in the eighteenth century in order to generate sympathy in pleas for further protection (Feather 71). Supporting the RIAA, artists including Britney Spears ask “Would you go into a CD store and steal a CD? It’s the same thing – people going into the computers and logging on and stealing our music”. The presence of a notable celebrity claiming file-sharing is equivalent to stealing their personal property is a more publicly acceptable spin on the major labels’ attempts to maintain a monopoly over music distribution. In 1997, Congress enacted the No Electronic Theft Act which extended copyright protection into the digital realm and introduced stricter penalties for electronic reproduction. The use of “theft” in the title clearly aligns the statute with a propertarian portrayal of intangibles. Most movie fans will have witnessed anti-piracy propaganda in the cinema and on DVDs. Analogies between stealing a bag and downloading movies blur fundamental distinctions in the rivalrous/non-rivalrous nature of tangibles and intangibles (Lessig Code, 131). Of critical significance is the infiltration of “property talk” into the courtrooms. In 1990 Judge Frank Easterbrook wrote: Patents give a right to exclude, just as the law of trespass does with real property … Old rhetoric about intellectual property equating to monopoly seemed to have vanished, replaced by a recognition that a right to exclude in intellectual property is no different in principle from the right to exclude in physical property … Except in the rarest case, we should treat intellectual and physical property identically in the law – which is where the broader currents are taking us. (109, 112, 118) Although Easterbrook refers to patents, his endorsement of “property talk” is cause for concern given the similarity with which patents and copyrights have been historically treated (Ou 41). In Grand Upright v. Warner Bros. Judge Kevin Duffy commenced his judgment with the admonishment “Thou shalt not steal”. Similarly, in Jarvis v. A&M Records the court stated “there can be no more brazen stealing of music than digital sampling”. This move towards a propertarian approach is misguided. It runs contrary to the utilitarian principles underpinning copyright ideology and marginalises freedoms protected by the fair use doctrine, hence Justice Blackman’s warning that “interference with copyright does not easily equate with” interference with real property (Dowling v. United States 473 US 207, 216 [1985]). The framing of copyright in terms of real property privileges private monopoly over, and to the detriment of, the public interest in free and diverse creativity as well as freedoms of personal use. It is paramount that when dealing with copyright cases, the courts remain aware that their decisions involve not pure economic regulation, but regulation of expression, and what may count as rational where economic regulation is at issue is not necessarily rational where we focus on expression – in a Nation constitutionally dedicated to the free dissemination of speech, information, learning and culture. (Eldred v. Ashcroft 537 US 186 [2003] [J. Breyer dissenting]). Copyright is the prize in a contest of property vs. policy. As Justice Blackman observed, an infringer invades a statutorily defined province guaranteed to the copyright holder alone. But he does not assume physical control over the copyright; nor does he wholly deprive its owner of its use. While one may colloquially link infringement with some general notion of wrongful appropriation, infringement plainly implicates a more complex set of property interests than does run-of-the-mill theft, conversion, or fraud. (Dowling v. United States 473 US 207, 217-218 [1985]). Copyright policy places a great deal of control and cultural determinism in the hands of the creative industries. Without balance, oppressive monopolies form on the back of rights granted for the welfare of society in general. If a society wants to be independent and rich in diverse forms of cultural production and free expression, then the courts cannot continue to apply the law from within a propertarian paradigm. The question of whether culture should be determined by control or freedom in the interests of a free society is one that rapidly requires close attention – “it’s no longer a philosophical question but a practical one”. References Bayat, Asef. “Un-Civil Society: The Politics of the ‘Informal People.’” Third World Quarterly 18.1 (1997): 53-72. Bell, T. W. “Author’s Welfare: Copyright as a Statutory Mechanism for Redistributing Rights.” Brooklyn Law Review 69 (2003): 229. Blackstone, W. Commentaries on the Laws of England: Volume II. New York: Garland Publishing, 1978. (Reprint of 1783 edition.) Boyle, J. Shamans, Software, and Spleens: Law and the Construction of the Information Society. Cambridge: Harvard UP, 1996. 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Code and Other Laws of Cyberspace. New York: Basic Books, 1999. Lessing, L. The Future of Ideas. New York: Random House, 2001. Lessig, L. Free Culture. New York: The Penguin Press, 2004. Locke, J. Two Treatises of Government. Ed. Peter Laslett. Cambridge, New York, Melbourne: Cambridge University Press, 1988. McLeod, K. “How Copyright Law Changed Hip Hop: An Interview with Public Enemy’s Chuck D and Hank Shocklee.” Stay Free (2002). 14 June 2006 http://www.stayfreemagazine.org/archives/20/public_enemy.html>. McLeod, K. “Confessions of an Intellectual (Property): Danger Mouse, Mickey Mouse, Sonny Bono, and My Long and Winding Path as a Copyright Activist-Academic.” Popular Music & Society 28 (2005): 79. McLeod, K. Freedom of Expression: Overzealous Copyright Bozos and Other Enemies of Creativity. United States: Doubleday Books, 2005. Miller, M.W. “Creativity Furor: High-Tech Alteration of Sights and Sounds Divides the Art World.” Wall Street Journal (1987): 1. Ou, T. “From Wheaton v. Peters to Eldred v. Reno: An Originalist Interpretation of the Copyright Clause.” Berkman Center for Internet & Society (2000). 14 June 2006 http://cyber.law.harvard.edu/openlaw/eldredvashcroft/cyber/OuEldred.pdf>. Samuelson, P. “Information as Property: Do Ruckelshaus and Carpenter Signal a Changing Direction in Intellectual Property Law?” Catholic University Law Review 38 (1989): 365. Travis, H. “Pirates of the Information Infrastructure: Blackstonian Copyright and the First Amendment.” Berkeley Technology Law Journal 15 (2000): 777. Vaidhyanathan, S. Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity. New York: New York UP, 2003. Citation reference for this article MLA Style Collins, Steve. "‘Property Talk’ and the Revival of Blackstonian Copyright." M/C Journal 9.4 (2006). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0609/5-collins.php>. APA Style Collins, S. (Sep. 2006) "‘Property Talk’ and the Revival of Blackstonian Copyright," M/C Journal, 9(4). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0609/5-collins.php>.

IntroductionThe Internet (especially in the so-called Web 2.0 phase), digital media and file-sharing networks have thrust copyright law under public scrutiny, provoking discourses questioning what is fair in the digital age. Accessible hardware and software has led to prosumerism – creativity blending media consumption with media production to create new works that are freely disseminated online via popular video-sharing Web sites such as YouTube or genre specific music sites like GYBO (“Get Your Bootleg On”) amongst many others. The term “prosumer” is older than the Web, and the conceptual convergence of producer and consumer roles is certainly not new, for “at electric speeds the consumer becomes producer as the public becomes participant role player” (McLuhan 4). Similarly, Toffler’s “Third Wave” challenges “old power relationships” and promises to “heal the historic breach between producer and consumer, giving rise to the ‘prosumer’ economics” (27). Prosumption blurs the traditionally separate consumer and producer creating a new creative era of mass customisation of artefacts culled from the (copyrighted) media landscape (Tapscott 62-3). Simultaneously, corporate interests dependent upon the protections provided by copyright law lobby for augmented rights and actively defend their intellectual property through law suits, takedown notices and technological reinforcement. Despite a lack demonstrable economic harm in many cases, the propertarian approach is winning and frequently leading to absurd results (Collins).The balance between private and public interests in creative works is facilitated by the doctrine of fair use (as codified in the United States Copyright Act 1976, section 107). The majority of copyright laws contain “fair” exceptions to claims of infringement, but fair use is characterised by a flexible, open-ended approach that allows the law to flex with the times. Until recently the defence was unique to the U.S., but on 2 January Israel amended its copyright laws to include a fair use defence. (For an overview of the new Israeli fair use exception, see Efroni.) Despite its flexibility, fair use has been systematically eroded by ever encroaching copyrights. This paper argues that copyright enforcement has spun out of control and the raison d’être of the law has shifted from being “an engine of free expression” (Harper & Row, Publishers, Inc. v. Nation Enterprises 471 U.S. 539, 558 (1985)) towards a “legal regime for intellectual property that increasingly looks like the law of real property, or more properly an idealized construct of that law, one in which courts seeks out and punish virtually any use of an intellectual property right by another” (Lemley 1032). Although the copyright landscape appears bleak, two recent cases suggest that fair use has not fallen by the wayside and may well recover. This paper situates fair use as an essential legal and cultural mechanism for optimising creative expression.A Brief History of CopyrightThe law of copyright extends back to eighteenth century England when the Statute of Anne (1710) was enacted. Whilst the length of this paper precludes an in depth analysis of the law and its export to the U.S., it is important to stress the goals of copyright. “Copyright in the American tradition was not meant to be a “property right” as the public generally understands property. It was originally a narrow federal policy that granted a limited trade monopoly in exchange for universal use and access” (Vaidhyanathan 11). Copyright was designed as a right limited in scope and duration to ensure that culturally important creative works were not the victims of monopolies and were free (as later mandated in the U.S. Constitution) “to promote the progress.” During the 18th century English copyright discourse Lord Camden warned against propertarian approaches lest “all our learning will be locked up in the hands of the Tonsons and the Lintons of the age, who will set what price upon it their avarice chooses to demand, till the public become as much their slaves, as their own hackney compilers are” (Donaldson v. Becket 17 Cobbett Parliamentary History, col. 1000). Camden’s sentiments found favour in subsequent years with members of the North American judiciary reiterating that copyright was a limited right in the interests of society—the law’s primary beneficiary (see for example, Wheaton v. Peters 33 US 591 [1834]; Fox Film Corporation v. Doyal 286 US 123 [1932]; US v. Paramount Pictures 334 US 131 [1948]; Mazer v. Stein 347 US 201, 219 [1954]; Twentieth Century Music Corp. v. Aitken 422 U.S. 151 [1975]; Aronson v. Quick Point Pencil Co. 440 US 257 [1979]; Dowling v. United States 473 US 207 [1985]; Harper & Row, Publishers, Inc. v. Nation Enterprises 471 U.S. 539 [1985]; Luther R. Campbell a.k.a. Luke Skyywalker, et al. v. Acuff-Rose Music, Inc. 510 U.S 569 [1994]). Putting the “Fair” in Fair UseIn Folsom v. Marsh 9 F. Cas. 342 (C.C.D. Mass. 1841) (No. 4,901) Justice Storey formulated the modern shape of fair use from a wealth of case law extending back to 1740 and across the Atlantic. Over the course of one hundred years the English judiciary developed a relatively cohesive set of principles governing the use of a first author’s work by a subsequent author without consent. Storey’s synthesis of these principles proved so comprehensive that later English courts would look to his decision for guidance (Scott v. Stanford L.R. 3 Eq. 718, 722 (1867)). Patry explains fair use as integral to the social utility of copyright to “encourage. . . learned men to compose and write useful books” by allowing a second author to use, under certain circumstances, a portion of a prior author’s work, where the second author would himself produce a work promoting the goals of copyright (Patry 4-5).Fair use is a safety valve on copyright law to prevent oppressive monopolies, but some scholars suggest that fair use is less a defence and more a right that subordinates copyrights. Lange and Lange Anderson argue that the doctrine is not fundamentally about copyright or a system of property, but is rather concerned with the recognition of the public domain and its preservation from the ever encroaching advances of copyright (2001). Fair use should not be understood as subordinate to the exclusive rights of copyright owners. Rather, as Lange and Lange Anderson claim, the doctrine should stand in the superior position: the complete spectrum of ownership through copyright can only be determined pursuant to a consideration of what is required by fair use (Lange and Lange Anderson 19). The language of section 107 suggests that fair use is not subordinate to the bundle of rights enjoyed by copyright ownership: “Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work . . . is not an infringement of copyright” (Copyright Act 1976, s.107). Fair use is not merely about the marketplace for copyright works; it is concerned with what Weinreb refers to as “a community’s established practices and understandings” (1151-2). This argument boldly suggests that judicial application of fair use has consistently erred through subordinating the doctrine to copyright and considering simply the effect of the appropriation on the market place for the original work.The emphasis on economic factors has led courts to sympathise with copyright owners leading to a propertarian or Blackstonian approach to copyright (Collins; Travis) propagating the myth that any use of copyrighted materials must be licensed. Law and media reports alike are potted with examples. For example, in Bridgeport Music, Inc., et al v. Dimension Films et al 383 F. 3d 400 (6th Cir. 2004) a Sixth Circuit Court of Appeals held that the transformative use of a three-note guitar sample infringed copyrights and that musicians must obtain licence from copyright owners for every appropriated audio fragment regardless of duration or recognisability. Similarly, in 2006 Christopher Knight self-produced a one-minute television advertisement to support his campaign to be elected to the board of education for Rockingham County, North Carolina. As a fan of Star Wars, Knight used a makeshift Death Star and lightsaber in his clip, capitalising on the imagery of the Jedi Knight opposing the oppressive regime of the Empire to protect the people. According to an interview in The Register the advertisement was well received by local audiences prompting Knight to upload it to his YouTube channel. Several months later, Knight’s clip appeared on Web Junk 2.0, a cable show broadcast by VH1, a channel owned by media conglomerate Viacom. Although his permission was not sought, Knight was pleased with the exposure, after all “how often does a local school board ad wind up on VH1?” (Metz). Uploading the segment of Web Junk 2.0 featuring the advertisement to YouTube, however, led Viacom to quickly issue a take-down notice citing copyright infringement. Knight expressed his confusion at the apparent unfairness of the situation: “Viacom says that I can’t use my clip showing my commercial, claiming copy infringement? As we say in the South, that’s ass-backwards” (Metz).The current state of copyright law is, as Patry says, “depressing”:We are well past the healthy dose stage and into the serious illness stage ... things are getting worse, not better. Copyright law has abandoned its reason for being: to encourage learning and the creation of new works. Instead, its principal functions now are to preserve existing failed business models, to suppress new business models and technologies, and to obtain, if possible, enormous windfall profits from activity that not only causes no harm, but which is beneficial to copyright owners. Like Humpty-Dumpty, the copyright law we used to know can never be put back together.The erosion of fair use by encroaching private interests represented by copyrights has led to strong critiques leveled at the judiciary and legislators by Lessig, McLeod and Vaidhyanathan. “Free culture” proponents warn that an overly strict copyright regime unbalanced by an equally prevalent fair use doctrine is dangerous to creativity, innovation, culture and democracy. After all, “few, if any, things ... are strictly original throughout. Every book in literature, science and art, borrows, and must necessarily borrow, and use much which was well known and used before. No man creates a new language for himself, at least if he be a wise man, in writing a book. He contents himself with the use of language already known and used and understood by others” (Emerson v. Davis, 8 F. Cas. 615, 619 (No. 4,436) (CCD Mass. 1845), qted in Campbell v. Acuff-Rose, 62 U.S.L.W. at 4171 (1994)). The rise of the Web 2.0 phase with its emphasis on end-user created content has led to an unrelenting wave of creativity, and much of it incorporates or “mashes up” copyright material. As Negativland observes, free appropriation is “inevitable when a population bombarded with electronic media meets the hardware [and software] that encourages them to capture it” and creatively express themselves through appropriated media forms (251). The current state of copyright and fair use is bleak, but not beyond recovery. Two recent cases suggest a resurgence of the ideology underpinning the doctrine of fair use and the role played by copyright.Let’s Go CrazyIn “Let’s Go Crazy #1” on YouTube, Holden Lenz (then eighteen months old) is caught bopping to a barely recognizable recording of Prince’s “Let’s Go Crazy” in his mother’s Pennsylvanian kitchen. The twenty-nine second long video was viewed a mere twenty-eight times by family and friends before Stephanie Lenz received an email from YouTube informing her of its compliance with a Digital Millennium Copyright Act (DMCA) take-down notice issued by Universal, copyright owners of Prince’s recording (McDonald). Lenz has since filed a counterclaim against Universal and YouTube has reinstated the video. Ironically, the media exposure surrounding Lenz’s situation has led to the video being viewed 633,560 times at the time of writing. Comments associated with the video indicate a less than reverential opinion of Prince and Universal and support the fairness of using the song. On 8 Aug. 2008 a Californian District Court denied Universal’s motion to dismiss Lenz’s counterclaim. The question at the centre of the court judgment was whether copyright owners should consider “the fair use doctrine in formulating a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.” The court ultimately found in favour of Lenz and also reaffirmed the position of fair use in relation to copyright. Universal rested its argument on two key points. First, that copyright owners cannot be expected to consider fair use prior to issuing takedown notices because fair use is a defence, invoked after the act rather than a use authorized by the copyright owner or the law. Second, because the DMCA does not mention fair use, then there should be no requirement to consider it, or at the very least, it should not be considered until it is raised in legal defence.In rejecting both arguments the court accepted Lenz’s argument that fair use is an authorised use of copyrighted materials because the doctrine of fair use is embedded into the Copyright Act 1976. The court substantiated the point by emphasising the language of section 107. Although fair use is absent from the DMCA, the court reiterated that it is part of the Copyright Act and that “notwithstanding the provisions of sections 106 and 106A” a fair use “is not an infringement of copyright” (s.107, Copyright Act 1976). Overzealous rights holders frequently abuse the DMCA as a means to quash all use of copyrighted materials without considering fair use. This decision reaffirms that fair use “should not be considered a bizarre, occasionally tolerated departure from the grand conception of the copyright design” but something that it is integral to the constitution of copyright law and essential in ensuring that copyright’s goals can be fulfilled (Leval 1100). Unlicensed musical sampling has never fared well in the courtroom. Three decades of rejection and admonishment by judges culminated in Bridgeport Music, Inc., et al v. Dimension Films et al 383 F. 3d 400 (6th Cir. 2004): “Get a license or do not sample. We do not see this stifling creativity in any significant way” was the ruling on an action brought against an unlicensed use of a three-note guitar sample under section 114, an audio piracy provision. The Bridgeport decision sounded a death knell for unlicensed sampling, ensuring that only artists with sufficient capital to pay the piper could legitimately be creative with the wealth of recorded music available. The cost of licensing samples can often outweigh the creative merit of the act itself as discussed by McLeod (86) and Beaujon (25). In August 2008 the Supreme Court of New York heard EMI v. Premise Media in which EMI sought an injunction against an unlicensed fifteen second excerpt of John Lennon’s “Imagine” featured in Expelled: No Intelligence Allowed, a controversial documentary canvassing alleged chilling of intelligent design proponents in academic circles. (The family of John Lennon and EMI had previously failed to persuade a Manhattan federal court in a similar action.) The court upheld Premise Media’s arguments for fair use and rejected the Bridgeport approach on which EMI had rested its entire complaint. Justice Lowe criticised the Bridgeport court for its failure to examine the legislative intent of section 114 suggesting that courts should look to the black letter of the law rather than blindly accept propertarian arguments. This decision is of particular importance because it establishes that fair use applies to unlicensed use of sound recordings and re-establishes de minimis use.ConclusionThis paper was partly inspired by the final entry on eminent copyright scholar William Patry’s personal copyright law blog (1 Aug. 2008). A copyright lawyer for over 25 years, Patry articulated his belief that copyright law has swung too far away from its initial objectives and that balance could never be restored. The two cases presented in this paper demonstrate that fair use – and therefore balance – can be recovered in copyright. The federal Supreme Court and lower courts have stressed that copyright was intended to promote creativity and have upheld the fair doctrine, but in order for the balance to exist in copyright law, cases must come before the courts; copyright myth must be challenged. 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