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Copyright reflects far more than economic interests. Embedded within conflicts over royalties and infringement are cultural values—about race, class, access, ownership, free speech, and democracy—which influence how rights are determined and enforced. Questions of legitimacy—of what constitutes “intellectual property” or “fair use,” and of how to locate a precise moment of cultural creation—have become enormously complicated in recent years, as advances in technology have exponentially increased the speed of cultural reproduction and dissemination.In Copyrights and Copywrongs , Siva Vaidhyanathan tracks the history of American copyright law through the 20th century, from Mark Twain’s vehement exhortations for “thick” copyright protection, to recent lawsuits regarding sampling in rap music and the “digital moment,” exemplified by the rise of Napster and MP3 technology. He argues persuasively that in its current punitive, highly restrictive form, American copyright law hinders cultural production, thereby contributing to the poverty of civic culture.In addition to choking cultural expression, recent copyright law, Vaidhyanathan argues, effectively sanctions biases against cultural traditions which differ from the Anglo-European model. In African-based cultures, borrowing from and building upon earlier cultural expressions is not considered a legal trespass, but a tribute. Rap and hip hop artists who practice such “borrowing” by sampling and mixing, however, have been sued for copyright violation and forced to pay substantial monetary damages. Similarly, the oral transmission of culture, which has a centuries-old tradition within African American culture, is complicated by current copyright laws. How, for example, can ownership of music, lyrics, or stories which have been passed down through generations be determined? Upon close examination, strict legal guidelines prove insensitive to the diverse forms of cultural expression prevalent in the United States, and reveal much about the racialized cultural values which permeate our system of laws. Ultimately, copyright is a necessary policy that should balance public and private interests but the recent rise of “intellectual property” as a concept have overthrown that balance. Copyright, Vaidhyanathan asserts, is policy, not property.Bringing to light the republican principles behind original copyright laws as well as present-day imbalances and future possibilities for freer expression and artistic equity, this volume takes important strides towards unraveling the complex web of culture, law, race, and technology in today's global marketplace.
Conversations about Psychology and Sexual Orientation
Psychology's approach to sexual orientation has long had its foundation in essentialism, which undergirds psychological theory and research as well as clinical practice and applications of psychology to public policy issues. It is only recently that psychology as a discipline has begun to entertain social constructivism as an alternative approach. Based on the belief that thoughtful dialogue can engender positive change, Conversations about Psychology and Sexual Orientation explores the implications for psychology of both essentialist and social constructionist understandings of sexual orientation. The book opens with an introduction presenting basic theoretical frameworks, followed by three application sections dealing with clinical practice, research and theory, and public policy. In each, the discussion takes the form of a conversation, as the authors first consider essentialist and constructionist approaches to the topic at hand. These thoughts, in turn, are followed by responses from distinguished scholars chosen for their expertise in a particular area. By providing an array of comments and thoughtful responses to topics surrounding psychology's approaches to sexual orientation, this valuable study sheds new light on the contrasting views held in the field and the ways in which essentialist and constructionist understandings may be applied to specific practices and policies.
Constructing Black Selves
In 1965, the Hart-Cellar Immigration Reform Act ushered in a huge wave of immigrants from across the Caribbean—Jamaicans, Cubans, Haitians, and Dominicans, among others. How have these immigrants and their children negotiated languages of race and ethnicity in American social and cultural politics? As black immigrants, to which America do they assimilate?Constructing Black Selves explores the cultural production of second-generation Caribbean immigrants in the United States after World War II as a prism for understanding the formation of Caribbean American identity. Lisa D. McGill pays particular attention to music, literature, and film, centering her study around the figures of singer-actor Harry Belafonte, writers Paule Marshall, Audre Lorde, and Piri Thomas, and meringue-hip-hop group Proyecto Uno.Illuminating the ways in which Caribbean identity has been transformed by mass migration to urban landscapes, as well as the dynamic and sometimes conflicted relationship between Caribbean American and African American cultural politics, Constructing Black Selves is an important contribution to studies of twentieth century U.S. immigration, African American and Afro-Caribbean history and literature, and theories of ethnicity and race.
Constitutional Stupidities, Constitutional Tragedies
The Constitution is the cornerstone of American government, hailed as one of the greatest contributions of the Western Enlightenment. While many seem content simply to celebrate it, those most familiar with the document invariably find it wanting in at least some aspects. This unique volume brings together many of the country's most esteemed constitutional commentators and invites them to answer two questions: First, what is the stupidest provision of the Constitution? «Stupid» need not mean evil. Thus, a second, related question is whether the scholar-interpreter would be forced to reach truly evil results even if applying his or her own favored theory of constitutional interpretation. The contributors include Lawrence Alexander, Akhil Reed Amar, Jack Balkin, Philip Bobbitt, Gerard Bradley, Rebecca Brown, Steven Calabresi, Lief Carter, Christopher Eisgruber, Lawrence Sager, Marie Failinger, Daniel Farber, James Fleming, Mark Graber, Stephen Griffin, Gary Jacobsohn, Randall Kennedy, Lewis LaRue, Theodore Lowi, Earl Maltz, Michael McConnell, Matthew Michael, Robert Nagel, Daniel Ortiz, Pamela Karlen, Michael Paulsen, Robert Post, Lucas Powe, Dorothy Roberts, Jeffrey Rosen, Frederick Schauer, Michael Seidman, Suzanna Sherry, David Strauss, Laurence Tribe, Mark Tushnet, and John Yoo.
Coming Clean
Despite the widely accepted view that formal treatment and twelve-step groups are essential for overcoming dependencies on alcohol and drugs, each year large numbers of former addicts quietly recover on their own, without any formal treatment or participation in self-help groups at all. Coming Clean explores the untold stories of untreated addicts who have recovered from a lifestyle of excessive and compulsive substance use without professional assistance. Based on 46 in-depth interviews with formerly addicted individuals, this controversial volume examines their reasons for avoiding treatment, the strategies they employed to break away from their dependencies, the circumstances that facilitated untreated recovery, and the implications of recovery without treatment for treatment professionals as well as for prevention and drug policy. Because of the pervasive belief that addiction is a disease requiring formal intervention, few training programs for physicians, social workers, psychologists, and other health professionals explore the phenomenon of natural recovery from addiction. Coming Clean offers insights for treatment professionals of how recovery without treatment can work and how candidates for this approach can be identified. A detailed appendix outlines specific strategies which will be of interest to addicted individuals themselves who wish to attempt the process of recovery without treatment.
Colonization and Its Discontents
Pennsylvania contained the largest concentration of early America’s abolitionist leaders and organizations, making it a necessary and illustrative stage from which to understand how national conversations about the place of free blacks in early America originated and evolved, and, importantly, the role that colonization—supporting the emigration of free and emancipated blacks to Africa—played in national and international antislavery movements. Beverly C. Tomek’s meticulous exploration of the archives of the American Colonization Society, Pennsylvania’s abolitionist societies, and colonizationist leaders (both black and white) enables her to boldly and innovatively demonstrate that, in Philadelphia at least, the American Colonization Society often worked closely with other antislavery groups to further the goals of the abolitionist movement.In Colonization and Its Discontents , Tomek brings a much-needed examination of the complexity of the colonization movement by describing in depth the difference between those who supported colonization for political and social reasons and those who supported it for religious and humanitarian reasons. Finally, she puts the black perspective on emigration into the broader picture instead of treating black nationalism as an isolated phenomenon and examines its role in influencing the black abolitionist agenda.
Cloning Wild Life
The natural world is marked by an ever-increasing loss of varied habitats, a growing number of species extinctions, and a full range of new kinds of dilemmas posed by global warming. At the same time, humans are also working to actively shape this natural world through contemporary bioscience and biotechnology. In Cloning Wild Life, Carrie Friese posits that cloned endangered animals in zoos sit at the apex of these two trends, as humans seek a scientific solution to environmental crisis. Often fraught with controversy, cloning technologies, Friese argues, significantly affect our conceptualizations of and engagements with wildlife and nature. By studying animals at different locations, Friese explores the human practices surrounding the cloning of endangered animals. She visits zoos—the San Diego Zoological Park, the Audubon Center in New Orleans, and the Zoological Society of London—to see cloning and related practices in action, as well as attending academic and medical conferences and interviewing scientists, conservationists, and zookeepers involved in cloning. Ultimately, she concludes that the act of recalibrating nature through science is what most disturbs us about cloning animals in captivity, revealing that debates over cloning become, in the end, a site of political struggle between different human groups. Moreover, Friese explores the implications of the social role that animals at the zoo play in the first place—how they are viewed, consumed, and used by humans for our own needs. A unique study uniting sociology and the study of science and technology, Cloning Wild Life demonstrates just how much bioscience reproduces and changes our ideas about the meaning of life itself.
Claiming Disability
A comprehensive assessment of the field of Disability Studies that presents beyond the medical to dig into the meaning From public transportation and education to adequate access to buildings, the social impact of disability has been felt everywhere since the passage of the Americans with Disabilities Act in 1990. And a remarkable groundswell of activism and critical literature has followed in this wake. Claiming Disability is the first comprehensive examination of Disability Studies as a field of inquiry. Disability Studies is not simply about the variations that exist in human behavior, appearance, functioning, sensory acuity, and cognitive processing but the meaning we make of those variations. With vivid imagery and numerous examples, Simi Linton explores the divisions society creates—the normal versus the pathological, the competent citizen versus the ward of the state. Map and manifesto, Claiming Disability overturns medicalized versions of disability and establishes disabled people and their allies as the rightful claimants to this territory.
Civilians in a World at War, 1914-1918
World War I heralded a new global era of warfare, consolidating and expanding changes that had been building throughout the previous century, while also instituting new notions of war. The 1914-18 conflict witnessed the first aerial bombing of civilian populations, the first widespread concentration camps for the internment of enemy alien civilians, and an unprecedented use of civilian labor and resources for the war effort. Humanitarian relief programs for civilians became a common feature of modern society, while food became as significant as weaponry in the fight to win.Tammy M. Proctor argues that it was World War I—the first modern, global war—that witnessed the invention of both the modern “civilian” and the “home front,” where a totalizing war strategy pitted industrial nations and their citizenries against each other. Civilians in a World at War, 1914-1918 , explores the different ways civilians work and function in a war situation, and broadens our understanding of the civilian to encompass munitions workers, nurses, laundresses, refugees, aid workers, and children who lived and worked in occupied zones, on home and battle fronts, and in the spaces in between. Comprehensive and global in scope, spanning the Eastern, Western, Italian, East African, and Mediterranean fronts, Proctor examines in lucid and evocative detail the role of experts in the war, the use of forced labor, and the experiences of children in the combatant countries.As in many wars, civilians on both sides of WWI were affected, and vast displacements of the populations shaped the contemporary world in countless ways, redrawing boundaries and creating or reviving lines of ethnic conflict. Exploring primary source materials and secondary studies of combatant and neutral nations, while synthesizing French, German, Dutch, and English language sources, Proctor transcends the artificial boundaries of national histories and the exclusive focus on soldiers. Instead she tells the fascinating and long-buried story of the civilian in the Great War, allowing voices from the period to speak for themselves.