[JURIST] More new and interesting papers posted on SSRN today:
Electrifying Copyright Norms And Making Cyberspace More Like A Book [abstract]
by Ann Bartow [faculty profile] of the University of South Carolina School of Law [official website]
From the Abstract: "Authors, content distributors and users all make decisions within a familiar longstanding copyright framework, within which lots of small scale unauthorized copying occurs, but content creation and distribution is still adequately incentivized. Nevertheless, "what is" in terms of real space copyright use norms is not making the transition to cyberspace, and will not, absent legislative intervention. Instead, copyright owners are using the attributes of digitalization to realize their own normative view of "what ought to be," absolute control over copyrighted works that are embodied in electronic formats....[T]his Article explains how society will suffer if analog copyright use norms are not electrified and "what is" becomes dramatically altered in the digital domain: Individuals will lose traditional levels of access to informational works and be deprived of familiar ways and means of using copyrighted works. In consequence, their respect for copyrights is likely to erode as the distributive goals of the copyright system are correspondingly unfulfilled."
Estimates of the Deterrent Effect of Alternative Execution Methods in the United States: 1978-2000 [abstract]
by Paul Zimmerman of the Federal Communications Commission
From the Abstract: "Using a panel of state-level data over the years 1978-2000, this paper examines whether the method by which death penalty states conduct their executions affects the per-capita incidence of murder in a differential manner. Several measures of the subjective probability of being executed are developed taking into account the timing of individual executions..... The empirical estimates suggest that the deterrent effect of capital punishment is driven primarily by executions conducted by electrocution. None of the other four methods of execution are found to have a statistically significant impact on the per-capita incidence of murder."