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Infrastructures that underlie public debate have a significant role in public opinion formation and have long been regulated in multiple ways. Limiting the domination of opinion power by particular interests has been one of the stated aims of such regulation. But the approaches have also depended on the often-unstated presumption of a journalistic-editorial role being highly influential in the formation of public speech and opinion. This chapter examines how communication infrastructures have changed with the development of major platforms and resulting changes in journalism’s role within public debate. These changes raise new regulatory challenges if opinion power is to be limited, and they make the positive dimensions of freedom of expression all the more valuable for understanding what would now be required for communicatively legitimate forms of democracy. The chapter examines aspects of the Digital Services Act and the European Media Freedom Act in light of freedom of expression’s positive dimensions to consider how European law and practice might promote a pluralism of public speech that is curated in the audience’s interests.
Here I reflect on the above experiences and intercultural insights, and interpret them in terms of Arthur Frank’s three types of illness narratives (Restitution, Chaos, Quest).
In order to characterize how African American poets enacted a version of the avant-garde, this chapter connects the formation of Black writers’ collectives in the 1980s and 1990s to the original theories of the avant-garde in which artistic dissent was tied to social withdrawal and political dissent. It identifies how the Dark Room Collective of the 1980s and early 1990s and the Black Took Collective of the late 1990s and early twenty-first century used their bohemian withdrawal to cultivate innovative artistic practices that led, paradoxically, to mainstream success. Since that success defies racial disparagement in ways analogous to how the collective withdrawal did, this chapter posits that "success" as an "avant-garde thing," an ambivalent extension of avant-garde dissent.
The purpose of this chapter is to study in some detail the membership of composition operators Cϕ in the Schatten class Sp (H), where H is a weighted Hilbert space (equivalently a rotation-invariant Hilbert space) of analytic functions on D.
In the course of its three versions (October 1926 – February 1927 and November 1927 – January 1928), Lady Chatterley’s Lover gradually morphed into a more mythic casting of the state of the world and its future. The third version is bathed in the afterglow of Lawrence’s Etruscan essays of mid-1927, Sketches of Etruscan Places, and partly conditioned by his short stories and essays of 1927. For Lawrence, it was a matter of developing his imaginative vectors – the obdurate industrial and social circumstances of the Midlands on the one hand, which a visit home in 1926 had tempted him to come to grips with, and a future of tenderness on the other – and then deploying them to see what they might yield in the performative writing event. Realism, a response to the working-class settings, slowly gave way to celebration of the ‘eternity of the naïve moment’, coming from before Plato and available in the present if only love-idealism and sentiment could be overthrown.
The 1980s ushered in a new era of electronic music in Yugoslavia with the introduction of personal computers. The young and progressive composers Srđan Hofman and Zoran Erić established the first computer music studio in Yugoslavia – the Tonski Studio of the Faculty of Music, which opened in 1986. The state-of-the-art facility acquired Apple Macintosh II machines in 1988, becoming one of the very few Macintosh-equipped studios in Europe. Composers who studied at the Electronic Studio of Radio Belgrade in the 1970s and 1980s quickly traded the outdated analog machine for personal computers. The arrival of the modern equipment quickly brought Yugoslav computer music into dialogue with developments abroad. Vladan Radovanović embraced computer composition in his pieces from the 1980s. Younger composers used sampling. However, these new and dynamic technological explorations would abruptly come to a complete halt only three years later, with the start of the Yugoslav Wars and the ensuing brutal economic sanctions.
This chapter analyzes upcycling practices from the perspective of trademark law, verifying their compatibility under the functional approach governing such exclusive right, whose impact on trade is not going to diminish in the context of a contemporary market increasingly dominated by communicative and reputational logics of brands. The analysis refers to the new paradigm of the circular economy, within which upcycling tends to be included, in order to question whether this change of political horizon in the European production model may affect the lawfulness of such practices, similarly to what can be argued in light of EU case law for recycling and refurbishing practices. In this sense, correctness in product elaboration and presentation to the market, mirroring the actual positive (if not even sustainable) contribution of the upcycler, should play a decisive role to exclude trademark infringement. The analysis will further reflect upon the applicative side of this issue, questioning whether this permissive interpretation does not end up in a return to well-established ‘old-fashioned’ principles that, properly tailoring exclusivity according to a model of fair competition, offer a valuable counterbalance to the excesses of protection that the trademark evolution has long been suffering from, like other IP rights.
Platforms and legal tech tools have enabled new ways to draft, manage, conclude, and monitor contracts. This chapter will focus on contract performance management tools and automated systems for monitoring contract execution. Thanks to the granularity offered by technology, broader and more detailed monitoring is possible, even at the contract execution phase. These may include using key performance indicators (KPIs), feedback systems to automatically identify performance gaps and compliance verification mechanisms. Introducing tools for monitoring contractual performance may prevent disputes by providing a more precise qualification of non-compliance. Contract performance management tools can also be used in dispute resolution mechanisms, which can intervene in situations where the KPIs have already been identified. After an introduction to some of these tools and solutions and a description of the relevant software, this analysis will examine the effects on contract practices and contract law, focusing mainly on (a) performance determination and non-performance contestation, and (b) monitoring infringements of mandatory rules or policies with contract compliance.
In the nineteenth century, physicists applied classical electromagnetic theory to explain the experimental results of black body radiation but were unable to provide an adequate explanation. This was a major problem to the physicists as classical theory predicted an infinite amount of energy of the radiation emitted from a black body. This gross disagreement was called the “ultraviolet catastrophe”. Max Planck presented a paper on December 14, 1900, in which he guessed the answer to this problem of black body radiation. This guess marked the very beginning of quantum mechanics.
The electromagnetic radiation inside a black body chamber exists as patterns of standing waves or modes. A single mode is like a standing wave on a guitar string and is characterized by a frequency. Planck made a bold hypothesis that the energy of such a mode is quantized, ithat is, only certain energies of these oscillation modes are allowed. Thus, the energy ð¸ð of ðth mode is given by ð¸ð = (ð + 12 ) âð = (ð + 12 ) âð, where ð is the oscillation frequency, â is Planck's constant, and ð is an integer starting with 0. Thus, each oscillation mode can exist in any one of an infinite number of energy states whose energies are equally separated by the energy âð. In the discussion of the properties of the photon gas, for the time being, we shall ignore 12 in the expression for ð¸ð as it has no effect on the results we seek. Therefore, we take ð¸ð = ðâð as the energy of the ðth mode whose (angular) frequency is ð. When the energy of a mode is ð¸ð, we say that there are ð photons in the mode. Each photon has energy equal to âð. Thus, according to the prescription of Max Planck, a black body radiation chamber consists of a number of photons in various energy states with different amounts of energy.