This thesis examines the balance between copyright owners and users by studying the nature of the rights and exceptions related to transmission of copyrighted works over the internet, focusing on three different jurisdictions: Australia, Japan and the United States.The choice of Japan and the United States is based on consideration of the following elements: 1. Both countries possess advanced information technology; 2. Both countries too the lead in legislating for copyright protection in the digital environment; 3. Both countries have different legal systems. In the matter of statutory reaction of transmission of works over the internet, there is no uniform solution around the world as the divergent laws in the three chosen countries demonstrate.

[Truncated abstract] The primary aim of this study was to examine, and compare, the value relevance and any bias associated with the reporting of intangible assets in Australia and the US over the ten-year period 1994 to 2003. The study adopts a disaggregated form of the Feltham and Ohlson (1995) valuation model and associated linear information models (LIMs) to allow goodwill and identifiable intangible assets to be separately examined using unbalanced panel regression analysis. The results for the Australian sample suggest that the adaptation of the Feltham and Ohlson (1995) valuation model used in this study is particularly useful in examining Australian equity securities. For example, the pooled sample analysis results in an adjusted R2 of 71%, which is consistent with similar US studies by Ahmed, Morton and Schaefer (2000) and Amir, Kirscenheiter and Willard (1997). Further, the results from the disaggregated Feltham and Ohlson (1995) valuation models suggest that the information presented with respect to intangible assets (both goodwill and identifiable intangible assets) under Australian GAAP is value relevant. However, the results from the valuation models also suggest that (for the average Australian company) the market believes goodwill is reported conservatively and identifiable intangible assets aggressively. ... As noted earlier, the increasing importance of intangible assets in the `new-economy’ suggests that (wherever possible having regard to the measurement difficulties) all intangible assets should be recognised in financial statements to maximise the value relevance of those statements. It should be noted, however, that there was some evidence to suggest that certain Australian companies (that is, those not consistently reporting positive abnormal operating earnings) might be reporting goodwill and/or identifiable intangible assets aggressively and this is an area that standard setters might need to carefully consider in future. I trust that the findings presented in this study will prove helpful to both researchers and those involved with formulating international accounting standards in this particularly difficult area of intangible assets. I also hope the results will help to allay any fears regulators (and others) might have that providing managers with accounting discretion will (necessarily) lead to biased reporting practices; based on the findings of this study for the majority of Australian and US companies, any such fears appear unwarranted.

Law is a means to an end. The state has always claimed it uses law as a tool to promote social order and progress (the Brazilian National Flag is an example). The use of law to force social change to facilitate capital accumulation for elites in society flies in the face of what the takings clause is supposed to stand for. This research examines the connection between economic development and public good. It focuses on takings because takings lie at the intersection between economics, politics, and social relations. Takings are justified by necessity and public good, but the claim isn’t genuine. Takings condone displacement and cause harm. State-authorized condemnation juxtaposes civic duty with social obligation, ownership with license and privilege. The thesis developed here is the state is pushing the law of takings toward the satisfaction of private interests. To that end the public use concept was expanded. Kelo v. City of New London (2005) holds economic development is a public use and in making that fallacious claim the case has ruptured takings law. Public use shouldn’t be about private gain. Property should be creative and is when it facilitates productivity, but it’s destructive if it erodes personal autonomy. The state claims it promotes social good when it reorders uses, but the claim is false. Instead the state achieves an air of legitimacy, offering a sound rationale for acts of displacement and uses law to support the claim it promotes public good. If an individual doesn’t want to part with her property she shouldn’t be forced to do so. Taking is use of state power to accomplish ends that can’t otherwise be achieved. Taking is a lawful means to displace to benefit private interests. The proof of this is in the pudding of the transformation of law between Berman v. Parker (1954) and Kelo v. City of New London (2005). Berman (1954) required blight. Kelo v. City of New London (2005) eliminated that requirement. This thesis explains how law and state are captured by private interests. / Includes bibliography. / Dissertation (Ph.D.)--Florida Atlantic University, 2015. / FAU Electronic Theses and Dissertations Collection

This thesis deals with the role of property in the formation of the American Constitution and government. Charles Beard's views on property are compared with writings from the eighteenth century. Beard's writings on property and his critics are examined in the first two chapters. Then, the thesis's two historical contexts are evaluated. Concentrating on the Enclosure Acts, the fourth chapter looks at the importance of land to the former Englishmen. The eighteenth century view of property is the focus of the fifth section. The last chapter contrasts the two different views of property. Beard believed that the Constitution was a conservative document that protected the property of the few over the many. The Founding Fathers actually included liberal protections for property in the eighteenth century.

An evaluation of American higher education distance education programs was conducted to explore how they approach intellectual property, copyright and information sharing/antitrust policy concerns for Internet-based programs. An evaluation of the current status of distance education and Internet-based training in higher education was conducted through a pilot study that included a random sample of 223 accredited institutions. Seventy-seven institutions responded to a survey, of which there were 14 Research I&II, 17 Doctorate I&II, and 46 Master's I&II institutions included in this study. A review of institutional policy approaches for these 77 institutions was conducted via Internet Web site and bulletin review. A multiple-case study was also conducted which included 10 of the top 30 accredited distance education institutions in America. Policy approaches were examined for all institutions and differences were discussed for public and private institutions as well as the following Carnegie Class institutions- Research I&II, Doctorate I&II and Master's I&II. Ten percent of all institutions that responded to the pilot study developed a written policy addressing antitrust/information-sharing concerns. Additionally, the data indicated that 22% of institutions in these Carnegie Class ranges published copyright and intellectual property policy on their institutions' Internet Web site. Ninety percent of the institutions in the case study advised of central control for the distance education program, as well as central control for copyright and intellectual property policy.

This thesis reports on the economic analysis of trade secrets via data collected from prosecutions under the U.S. Economic Espionage Act (EEA.) Ratified in 1996, the EEA increases protection for trade secrets by criminalizing the theft of trade secrets. The empirical basis of the thesis is a unique database constructed using EEA prosecutions from 1996 to 2008. A critical and empirical analysis of these cases provides insight into the use of trade secrets. The increase in the criminal culpability of trade secret theft has important impacts on the use of trade secrets and the incentives for would-be thieves. A statistical analysis of the EEA data suggest that trade secrets are used primarily in manufacturing and construction. A cluster analysis suggests three broad categories of EEA cases based on the type of trade secret and the sector of the owner. A series of illustrative case studies demonstrates these clusters. A critical analysis of the damages valuations methods in trade secrets cases demonstrates the highly variable estimates of trade secrets. Given the criminal context of EEA cases, these valuation methods play an important role in sentencing and affect the incentives of the owners of trade secrets. The analysis of the lognormal distribution of the observed values is furthered by a statistical analysis of the EEA valuations, which suggests that the methods can result in very different estimates for the same trade secret. A regression analysis examines the determinants of trade secret intensity at the firm level. This econometric analysis suggests that trade secret intensity is negatively related to firm size. Collectively, this thesis presents an empirical analysis of trade secrets.

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In this thesis, the author studies the ethical and legal aspects of research conducted on stored tissue samples of deceased persons in North America. / The first part of this thesis presents an overview of what constitutes human tissues and how are they used in research. The author describes the process in which human tissues are acquired and stored by health facilities, their utility for scientific research, and currently used techniques. / The second part is dedicated to the analysis of the current normative framework associated with research involving human tissue samples in North America. The author underlines the presence of two different normative regimes depending on whether the human tissues were removed before or after death. Finally, the author examines international documents in order to evaluate whether or not they can provide guidance to North American national legislation. / The third part evaluates the normative limitations associated with the use of stored tissue samples of deceased persons for research. The author considers that these limitations are related to the presence of conflicting interests, the difficulties in establishing rights over human tissues, the difficulties of establishing the rights of the dead, and the limitations of the theory of informed consent with regards to stored tissue samples. / The last part of this thesis suggests that stored human tissues should be interpreted as if they were part of an individual's medical record. After presenting some of the philosophical arguments in favour of such an interpretation, the author underlines the presence of legal precedents supporting the "tissue as information" model. The author finally examines the legal implications and the potential limitations of this proposal.

This research examines the legal issues surrounding killing in defence of property in three selected jurisdictions: South Africa, Cameroon and the United States. The comparative analysis illustrates that although the right to protect one’s property is universal, this defence is interpreted differently in the various jurisdictions. Another issue considered in the study is the constitutional right to life in each jurisdiction and whether or not an unlawful attack against one’s property creates a legal entitlement for the attacked party to take the life of another in defence of his or her property. Private defence of property is available when a person uses force to defend an interest in property, for example; to prevent a would-be thief from taking his own, or another’s property, to prevent someone from damaging his own or another’s property, to prevent an intruder from entering his own or another’s property. When an accused pleads private defence, his claim is that his harm-causing conduct was, in the circumstances, lawful. The reasonable use of force (short of deadly force) in the private defence of property is not disputed. However, the use of deadly force in protection of property is controversial, especially in a constitutional state such as South Africa where life should be prized above property. One should however also consider that there is a close link between the private defence of defending life and of protecting property. In many cases, an assault on property also involves a threat on life. However, there are cases of private defence of property where no threat to bodily integrity exists. These situations will be examined in all three jurisdictions and measured against the various constitutional imperatives. Conclusions and recommendations are made as regards the legal framework on the defence of property in the criminal law of the various jurisdictions. / Criminal and Procedural Law / LL. M.