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1

Lauderdale, Benjamin E., and Alexander Herzog. "Measuring Political Positions from Legislative Speech." Political Analysis 24, no. 3 (2016): 374–94. http://dx.doi.org/10.1093/pan/mpw017.

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Existing approaches to measuring political disagreement from text data perform poorly except when applied to narrowly selected texts discussing the same issues and written in the same style. We demonstrate the first viable approach for estimating legislator-specific scores from the entire speech corpus of a legislature, while also producing extensive information about the evolution of speech polarization and politically loaded language. In the Irish Dáil, we show that the dominant dimension of speech variation is government–opposition, with ministers more extreme on this dimension than backbenchers, and a second dimension distinguishing between the establishment and anti-establishment opposition parties. In the U. S. Senate, we estimate a dimension that has moderate within-party correlations with scales based on roll-call votes and campaign donation patterns; however, we observe greater overlap across parties in speech positions than roll-call positions and partisan polarization in speeches varies more clearly in response to major political events.
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2

Lee, Young Hwan, and Nam Soo Lee. "A Study on Cooperation Device of Regulation Reforming between the Executive and the Legislature through Institutions Comparison of U. S. KOREA." Journal of Parliamentary Research 12, no. 1 (2017): 119–52. http://dx.doi.org/10.18808/jopr.2017.1.5.

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3

Moncrief, Gary F. "Recruitment and Retention in U. S. Legislatures." Legislative Studies Quarterly 24, no. 2 (1999): 173. http://dx.doi.org/10.2307/440309.

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4

King, James D. "Changes in Professionalism in U. S. State Legislatures." Legislative Studies Quarterly 25, no. 2 (2000): 327. http://dx.doi.org/10.2307/440374.

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5

Stonecash, Jeffrey M. "Political Cleavage in U. S. State Legislative Houses." Legislative Studies Quarterly 24, no. 2 (1999): 281. http://dx.doi.org/10.2307/440312.

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6

Francis, Wayne L. "Leadership, Party Caucuses, and Committees in U. S. State Legislatures." Legislative Studies Quarterly 10, no. 2 (1985): 243. http://dx.doi.org/10.2307/439726.

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7

Browne, William P. "Multiple Sponsorship and Bill Success in U. S. State Legislatures." Legislative Studies Quarterly 10, no. 4 (1985): 483. http://dx.doi.org/10.2307/440070.

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8

Francis, Wayne L., and John R. Baker. "Why Do U. S. State Legislators Vacate Their Seats?" Legislative Studies Quarterly 11, no. 1 (1986): 119. http://dx.doi.org/10.2307/439913.

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9

Moncrief, Gary, Joel A. Thompson, and William Cassie. "Revisiting the State of U. S. State Legislative Research." Legislative Studies Quarterly 21, no. 3 (1996): 301. http://dx.doi.org/10.2307/440247.

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10

Matland, Richard E., and Deborah Dwight Brown. "District Magnitude's Effect on Female Representation in U. S. State Legislatures." Legislative Studies Quarterly 17, no. 4 (1992): 469. http://dx.doi.org/10.2307/439862.

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11

Jewell, Malcolm E., Alan Rosenthal, Sue Thomas, et al. "Trends in Research on U. S. State Legislatures: A Review Article." Legislative Studies Quarterly 22, no. 2 (1997): 265. http://dx.doi.org/10.2307/440386.

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12

Tucker, Harvey J. "Contextual Models of Participation in U. S. State Legislative Elections." Western Political Quarterly 39, no. 1 (1986): 67. http://dx.doi.org/10.2307/448414.

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13

Opheim, Cynthia. "The Effect of U. S. State Legislative Term Limits Revisited." Legislative Studies Quarterly 19, no. 1 (1994): 49. http://dx.doi.org/10.2307/439799.

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14

Bataveljić, Dragan. "The current constitutional reform in Serbia, with reference to the legislative power." Zbornik radova Pravnog fakulteta Nis 57, no. 81 (2018): 461–83. http://dx.doi.org/10.5937/zrpfni1881461b.

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15

Niemi, Richard G., and Laura R. Winsky. "Membership Turnover in U. S. State Legislatures: Trends and Effects of Districting." Legislative Studies Quarterly 12, no. 1 (1987): 115. http://dx.doi.org/10.2307/440048.

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16

Freeman, Patricia K. "A Comparative Analysis of Speaker Career Patterns in U. S. State Legislatures." Legislative Studies Quarterly 20, no. 3 (1995): 365. http://dx.doi.org/10.2307/440226.

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17

Reutzel, D. Ray, Paul M. Hollingsworth, and Shirley Ann Vigos Cox. "Issues in reading instruction: U. S. state legislators' perceptions and knowledge." Reading Research and Instruction 35, no. 4 (1996): 343–64. http://dx.doi.org/10.1080/19388079609558220.

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18

Tidmarch, Charles M., Edward Lonergan, and John Sciortino. "Interparty Competition in the U. S. States: Legislative Elections, 1970-1978." Legislative Studies Quarterly 11, no. 3 (1986): 353. http://dx.doi.org/10.2307/439841.

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19

Hedlund, Ronald D., and Keith E. Hamm. "Political Parties as Vehicles for Organizing U. S. State Legislative Committees." Legislative Studies Quarterly 21, no. 3 (1996): 383. http://dx.doi.org/10.2307/440250.

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20

Moncrief, Gary F. "Professionalization and Careerism in Canadian Provincial Assemblies: Comparison to U. S. State Legislatures." Legislative Studies Quarterly 19, no. 1 (1994): 33. http://dx.doi.org/10.2307/439798.

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21

Niemi, Richard G., Jeffrey S. Hill, and Bernard Grofman. "The Impact of Multimember Districts on Party Representation in U. S. State Legislatures." Legislative Studies Quarterly 10, no. 4 (1985): 441. http://dx.doi.org/10.2307/440068.

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22

Rundquist, Barry S., and Gerald S. Strom. "Bill Construction in Legislative Committees: A Study of the U. S. House." Legislative Studies Quarterly 12, no. 1 (1987): 97. http://dx.doi.org/10.2307/440047.

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23

Nechemias, Carol. "Changes in the Election of Women to U. S. State Legislative Seats." Legislative Studies Quarterly 12, no. 1 (1987): 125. http://dx.doi.org/10.2307/440049.

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24

Veinović, Želimir, Galla Uroić, Ana Mostečak, et al. "Gospodarenje reziduima u okviru Nacionalnog programa provedbe Strategije zbrinjavanja radioaktivnog otpada, iskorištenih izvora i istrošenog nuklearnog goriva Republike Hrvatske." Kemija u industriji 69, no. 3-4 (2020): 163–74. http://dx.doi.org/10.15255/kui.2019.043.

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Donošenjem Nacionalnog programa provedbe Strategije zbrinjavanja radioaktivnog otpada, iskorištenih izvora i istrošenog nuklearnog goriva, Vlada Republike Hrvatske je ratificirala Strategiju koja dijelom određuje gospodarenje reziduima. S obzirom na važeću legislativu bit će nužno regulatorno modificirati trenutačne i predvidjeti buduće rudarske i druge industrijske aktivnosti u kojima nastaju rezidui i pri kojima se manipulira reziduima. U radu se daje detaljan pregled legislative te preporuka i smjernica, u skladu s posljednjim dostignućima, za gospodarenje postojećim i budućim odlagalištima i mjestima za privremeno pohranjivanje rezidua.
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25

Berkman, Michael B. "Former State Legislators in the U. S. House of Representatives: Institutional and Policy Mastery." Legislative Studies Quarterly 18, no. 1 (1993): 77. http://dx.doi.org/10.2307/440027.

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26

Regent, Aleksandar. "Nova europska legislativa o osobnoj zaštitnoj opremi." Sigurnost 58, no. 2 (2016): 155–62. http://dx.doi.org/10.31306/s.58.2.5.

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SAŽETAK: Direktiva o osobnoj zaštitnoj opremi (89/686/EEZ) fundamentalni je dio europske legislative o zaštiti na radu koji se odnosi na gotovo svu osobnu zaštitnu opremu. U hrvatski pravni sustav uvedena je putem Pravilnika o stavljanju na tržište osobne zaštitne opreme. Nakon više od 20 godina primjene uočena je potreba za usklađivanjem Direktive s novim tehnologijama i stanjem na tržištu, kao i ostalim novijim direktivama, odnosno s tzv. Novim zakonodavnim okvirom EU-a. Prijedlog novog dokumenta kojim se zamjenjuje Direktiva je Uredba o osobnoj zaštitnoj opremi koja će imati direktnu i obveznu primjenu u svim zemljama članicama EU-a. Neke vrste opreme prelaze iz II. u III. kategoriju složenosti (štitnici za sluh, prsluci za spašavanje od utapanja, štitnici od lančane pile, noževa i metka, te pri visokotlačnom rezanju). Osobna zaštitna oprema za privatnu zaštitu od vlage, vode i topline ulazi u djelokrug Uredbe, vrijeme trajanja certifikata ograničava se na najviše 5 godina, mijenjaju se odgovornosti i odnosi između proizvođača, zastupnika, uvoznika i distributera, ujednačavaju se aktivnosti prijavljenih tijela, poboljšava se tržišni nadzor i sljedivost. Nova Uredba o osobnoj zaštitnoj opremi poboljšat će stanje sigurnosti i zaštitu ljudi na radu.
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27

Bodiš, Maja, Jasmina Kenda, and Petra Kožul. "Znamo li koliko vrijede naši fondovi? Usklađivanje financijske vrijednosti knjižničnog fonda s računovodstvenim stanjem u Knjižnicama grada Zagreba." Vjesnik bibliotekara Hrvatske 63, no. 1-2 (2021): 411–23. http://dx.doi.org/10.30754/vbh.63.1-2.795.

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Cilj. Rad otvara raspravu o pitanjima financijske vrijednosti knjižničnih fondova, zakonske legislative koju je potrebno poštivati, ekonomske pismenosti knjižničara te o važnosti suradnje knjižničara i računovodstvenih službi u svrhu kvalitetno uređenog poslovanja. Pristup. Tijekom 2016. godine donesena je odluka o potrebi financijskog usklađivanja poslovanja u mreži Knjižnica grada Zagreba. Do potrebe financijskog usklađivanja došlo je zbog informatizacije knjižničnog poslovanja koje se prebacilo iz analognog u digitalno te zbog promjene nekoliko različitih knjižničnih softvera. Proces financijskog usklađivanja poslovanja proveden je tijekom 2017. i 2018. godine na 40 lokacija i u Bibliobusnoj službi. Rad se temelji na primjeru dobre prakse financijskog usklađivanja poslovanja te svoj popratnoj dokumentaciji koja je izrađena za potrebe istog. Sve to je napravljeno da bi se postigao krajnji cilj – usklađivanje knjižničnog fonda iz pisanih inventarnih knjiga s elektroničkom inventarnom knjigom i popisom imovine te knjigovodstvenim stanjem u Službi financija i računovodstva. Rezultati. Nakon uspješno provedenog procesa usklađivanja, stvarna financijska vrijednost knjižnične građe u knjižnici odgovara knjigovodstvenom stanju u računovodstvenim evidencijama. Takav rezultat ističe važnost usklađenosti financijske vrijednosti knjižničnog fonda u inventarnim knjigama s knjigovodstvenim evidencijama. Originalnost / vrijednost. Ovaj rad doprinosi jasnijem definiranju kvalitetne suradnje knjižničara i računovodstvenih službi koja se nameće kao nužnost u zakonski utemeljenom knjižničnom poslovanju.
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28

Moore, Michael K., and Sue Thomas. "Explaining Legislative Success in the U. S. Senate: The Role of the Majority and Minority Parties." Western Political Quarterly 44, no. 4 (1991): 959. http://dx.doi.org/10.2307/448802.

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29

Powell, Richard J. "The Impact of Term Limits on the Candidacy Decisions of State Legislators in U. S. House Elections." Legislative Studies Quarterly 25, no. 4 (2000): 645. http://dx.doi.org/10.2307/440438.

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30

Šago, Dinka, and Marija Boban. "Značaj elektroničke komunikacije u sudskim postupcima s posebnim osvrtom na zemljišnoknjižne postupke." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 41, no. 1 (2020): 329–49. http://dx.doi.org/10.30925/zpfsr.41.1.15.

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In this article the authors explore the topic of the use of information and communication technologies and electronic communication in court proceedings while giving an overview of the existing legislative framework governing this area with an analysis of their impact on the increasing scope of electronic business. The use of electronic data processing in the land register system is certainly a very demanding process not only in sense of financial, security question and technical sense, but also in the area of legal regulation of the process of electronic identification and conversion of land register in the electronic form. The paper outlines the most significant novelties enacted by the Land Registry Act in the year 2019 regarding the electronic operation of the electronic land register, as well as an overview of the provisions of the new Rulebook on electronic business of users and authorized users of the land registry system. The electronic processing of land registry data, and in particular rules on unrestricted access to land registry data through electronic communications, raises a number of issues of establishing an optimal balance in the protection of citizens interests and rights, and in particular the protection of electronic registry and citizens personal data. Unrestricted access to electronic land register contributes to a greater security of legal transactions and greater protection of enrolled holders of legal rights. On the other hand, it raises significant questions regarding the protection of constitutionally guaranteed constitutional rights.
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31

Дундуков, Михаил, and Mikhail Dundukov. "FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 AND MODERN LEGAL STANDARDS IN THE FIELD OF INFORMATION COLLECTION AND ACQUISITION BY U. S. INTELLIGENCE AGENCIES." Journal of Foreign Legislation and Comparative Law 1, no. 4 (2015): 0. http://dx.doi.org/10.12737/14314.

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This article reviews the development process for the legislation, regulating the U. S. intelligence agencies’ activities in the field of electronic surveillance. The article displays the reasons which prompted U. S. lawmakers to pass the Foreign Intelligence Surveillance Act of 1978; it analyzes the provisions of the law, governing the conditions and procedures for obtaining judicial order or Attorney General authorization on the implementation of electronic surveillance. Considerable attention is paid to the evolution of legal standards, added to the Foreign Intelligence Surveillance Act after the events of September 11, 2001. In particular, it analyzes amendments and additions to the Foreign Intelligence Surveillance Act, introduced on the basis of the USA Patriot Act of 2001, Intelligence Reform and Terrorism Prevention Act of 2004, Protect America Act of 2007, and other laws. The article also shows the patterns of formation of the legislative balance between the interests of the intelligence services and the need to respect the constitutional rights and liberties of American citizens.
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32

Adorf, Philipp. "Wenn politische Akteure die eigene Wählerschaft bestimmen – Die Ziehung der Wahlkreisgrenzen nach den jüngsten Urteilen des US-Supreme Court." Zeitschrift für Parlamentsfragen 50, no. 4 (2019): 852–69. http://dx.doi.org/10.5771/0340-1758-2019-4-852.

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Every ten years, the districts to the U .S . House of Representatives are redrawn, a task that in most states falls to state legislatures . Electoral success for Republican state parties has provided the party with the opportunity to draw district lines in its own favor, a factor that has contributed to - but not made possible - Republican majorities in the lower chamber of the U .S . Congress . The practice of redistricting has also contributed to the country’s political polarization, as critics tend to nonetheless overstate the relevance of the former on the latter . Opponents of this method had hoped that the Supreme Court would use the case of Gill versus Whitford to declare a standard for determining unconstitutional gerrymandering . Instead, the justices decided to hand the case back down to a lower court before ruling a year later that the issue of partisan gerrymandering was non-justiciable . Reformers will therefore have to place more emphasis on plebiscitary measures at the state level . Regardless of any potential reforms that may be enacted in future years, their impact on both the majorities in the House of Representatives as well as on the level of polarization will be rather marginal . [ZParl, vol . 50 (2019), no . 4, pp . 852 - 869]
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33

King, Gary, and Robert X. Browning. "Democratic Representation and Partisan Bias in Congressional Elections." American Political Science Review 81, no. 4 (1987): 1251–73. http://dx.doi.org/10.2307/1962588.

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The translation of citizen votes into legislative seats is of central importance in democratic electoral systems. It has been a longstanding concern among scholars in political science and in numerous other disciplines. Throughout this literature, two fundamental tenets of democratic theory, partisan bias and democratic representation, have often been confused. We develop a general statistical model of the relationship between votes and seats and separate these two important concepts theoretically and empirically. In so doing, we also solve several methodological problems with the study of seats, votes, and the cube law. An application to U.S. congressional districts provides estimates of bias and representation for each state and demonstrates the model's utility. Results of this application show distinct types of representation coexisting in U. S. states. Although most states have small partisan biases, there are some with a substantial degree of bias.
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34

Gearhart, Deb. "The Issues Related To Student Authentication in Distance Education." International Journal of Technoethics 1, no. 1 (2010): 60–69. http://dx.doi.org/10.4018/jte.2010081005.

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As long as there has been distance education there has been the question how do you know the student turning in the work is the student registered for the course? As technology has been improving distance education course delivery, online education has been growing in leaps and bounds. The most recent Sloan-C report stated that in the U. S. alone there were almost 3.9 million students taking at least one online course during the fall of 2007 term (Allen and Seaman, 2008). Legislators took a hard look at the issue of student authentication in distance education with the passage of the Higher Education Opportunity Act of 2008. This paper reviews the issues related to student authentication and reviews the current forms of student authentication, reviewing one institution’s answer to student authentication in its online programs.
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35

Kudryashova, Yuliya Mikhailovna. "Legislation on direct foreign investment in the Russian Federation and the United States: comparative-legal analysis." Право и политика, no. 7 (July 2020): 61–73. http://dx.doi.org/10.7256/2454-0706.2020.7.33497.

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This article analyzes the investment legislation of the Russian Federation and the United States. The subject of this research is the specific normative legal acts regulating direct foreign investments in the indicated countries, while the object is the relations emerging in the process of foreign investment activity.  The author provides the examples of various factors in the area of foreign investment for the purpose of their comparison and determination of specificity of their practical implementation. The reference to doctrinal sources allowed to clearer explain the author’s position of the topic. The scientific novelty and relevance of this work are substantiated by examination of investment activity, which greatly impacts the economy of modern countries. The author’s special contribution lies in studying the experience of U. S. legislation with regards to direct foreign investments. The main conclusion consists in the fact that both jurisdictions have a well-developed mechanism for regulating investment relations, as well as both countries feature a number of restrictions that can face a foreign investor. The need for improvement of Russian legislation is underlined. The acquired results can be used in legislative and expert activity, as well as in further theoretical-legal research.
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Yochelson, Ellis. "Walcott in Albany, New York: James Hall's "Special Assistant"." Earth Sciences History 6, no. 1 (1987): 86–94. http://dx.doi.org/10.17704/eshi.6.1.w65wn4l2215472q4.

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C. D. Walcott was associated with James Hall in Albany, New York, from 1876-1879, although for at least seven of these 33 months he was in the field. During most of this interval he was a "special assistant" working at both the New York State Museum and Hall's private laboratory, and publishing papers as directed by Hall. Walcott spent two long field seasons collecting Middle Paleozoic fossils, and in spite of his activity was abruptly discharged by Hall. Throughout his stay in Albany, Walcott pursued research interests of his own, after regular working hours. Walcott learned a great deal of paleontology during his time in Albany, probably more from study of the fossil collections and Hall's library than from direct conversation with Hall, for he considered Louis Agassiz his mentor. In July, 1879, Walcott joined the new U. S. Geological Survey and rose to be Director of that agency, subsequently becoming Secretary of the Smithsonian Institution. Perhaps the most important thing Walcott learned in Albany was how to lobby legislators for science, a skill he honed throughout his subsequent career.
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Đurđević, Dejan. "Public invitation to the heirs in probate proceedings and the State as an heir in Serbian law." Pravo i privreda 58, no. 4 (2020): 7–24. http://dx.doi.org/10.5937/pip2004007d.

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If it is unknown to the court whether the decedent has any heirs, or if the court suspects that the person who has a claim on the inheritance may not be the only or the closest relative of the decedent, the court shall publish a notice inviting people who have a claim on the inheritance to report to the court within one year from the publication of the notice. The public notice or invitation to the possible unknown heirs represents a compromise between the investigative principle in the probate proceedings and the need to bring such proceedings to an end within reasonable time. Following the public invitation by the court, the consequences of failure to identify all possible remaining inheritors shall depend on the identity of the known heir(s). If the known heir is a private entity, the court will declare them as heir. But, if the sole inheritor is the State, it will only acquire the usufruct of the estate, not legal ownership, with the possibility of acquisition of a title or right to property by uninterrupted and undisputed possession for a prescribed term of three years for movables and ten years for real estate. Th ese time limits run from the moment of the decedent's death. After examining the practical consequences of these rules, the author concludes that, by prescribing a special regime of succession for the State as inheritor when the unknown heirs are invited by public notice, the legislator has put the State in a privileged legal position in comparison to private entities. Th e special regime facilitates the transition of the estate from private to public ownership, which is contrary to the principle of the private legal nature of succession. In addition, the rules for allocating inheritance to the State are legally and dogmatically deficient because they are contrary to the principle of universal succession and ex lege inheritance (since at the moment of the decedent's death no one becomes the heir and the legal owner of the estate) and with the general rules on the acquisition of property by acquisitive prescription (as the existing rules enable the usufructuary to become the owner after the passage of the prescribed time period).
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Rees, Wilhelm. "Dugan, Patricia M., Towards Future Developments in Penal Law: U. S. Theory and Practice. A Symposium held under the auspices of the Pontifical Council for Legislative Texts at the Pontifical University of the Holy Cross, Rome, March 5–6, 2009, Montreal: Wilson & Lafleur 2010, 245 S." Archiv für katholisches Kirchenrecht 179, no. 1 (2010): 313–15. http://dx.doi.org/10.30965/2589045x-17901040.

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39

Rees, Wilhelm. "Towards Future Developments in Penal Law: U. S. Theory and Practice. A Symposium held under the auspices of the Pontifical Council for Legislative Texts at the Pontifical University of the Holy Cross, Rome, March 5–6, 2009." Archiv für katholisches Kirchenrecht 179 (November 23, 2010): 313–15. http://dx.doi.org/10.1163/2589045x-179-01-90000040.

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40

Soetopo, Maria GS. "INTEGRATING LAW AND ECONOMICS IN INDONESIA." Law Review 18, no. 3 (2019): 369. http://dx.doi.org/10.19166/lr.v18i3.1493.

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<span class="s8"><span class="bumpedFont15">The application of “Law and Economics” dates back to 1</span></span><span class="s8"><span class="bumpedFont15">,</span></span><span class="s8"><span class="bumpedFont15">500 years ago, and has been applied in many eras. </span></span><span class="s13"><span class="bumpedFont15">In the 20</span></span><span class="s14"><span class="bumpedFont15">th</span></span><span class="s13"><span class="bumpedFont15">Century, </span></span><span class="s8"><span class="bumpedFont15">Ronald Coase, </span></span><span class="s8"><span class="bumpedFont15">pioneered the</span></span><span class="s8"><span class="bumpedFont15"> study o</span></span><span class="s8"><span class="bumpedFont15">f</span></span><span class="s8"><span class="bumpedFont15"> law and economics </span></span><span class="s8"><span class="bumpedFont15">which was </span></span><span class="s8"><span class="bumpedFont15">further</span></span><span class="s8"><span class="bumpedFont15"> elaborated by Richard Posner </span></span><span class="s8"><span class="bumpedFont15">with</span></span><span class="s8"><span class="bumpedFont15"> a new </span></span><span class="s8"><span class="bumpedFont15">synonimo</span></span><span class="s8"><span class="bumpedFont15">u</span></span><span class="s8"><span class="bumpedFont15">sly interchangeable </span></span><span class="s8"><span class="bumpedFont15">terminology,</span></span><span class="s8"><span class="bumpedFont15">Economic</span></span><span class="s8"><span class="bumpedFont15"> Analysis of Law</span></span><span class="s8"><span class="bumpedFont15"> (EAL). EAL uses an economic method to analyze how changes in the law </span></span><span class="s8"><span class="bumpedFont15">a</span></span><span class="s8"><span class="bumpedFont15">ffect the allocation and distribution of wealth in society</span></span><span class="s8"><span class="bumpedFont15">. This</span></span><span class="s8"><span class="bumpedFont15"> </span></span><span class="s8"><span class="bumpedFont15">has provided </span></span><span class="s8"><span class="bumpedFont15">a</span></span><span class="s8"><span class="bumpedFont15"> foundation</span></span><span class="s8"><span class="bumpedFont15"> of a </span></span><span class="s8"><span class="bumpedFont15">market approach to the legal decision-making process</span></span><span class="s8"><span class="bumpedFont15"> through the use of various</span></span><span class="s8"><span class="bumpedFont15">techniques</span></span><span class="s8"><span class="bumpedFont15"> </span></span><span class="s8"><span class="bumpedFont15">including </span></span><span class="s8"><span class="bumpedFont15">Cost Benefit Analysis (CBA), Cost Effective Analysis (CEA), </span></span><span class="s8"><span class="bumpedFont15">and </span></span><span class="s8"><span class="bumpedFont15">Regulatory Impact Assessment (RIA)</span></span><span class="s8"><span class="bumpedFont15">. As one of</span></span><span class="s13"><span class="bumpedFont15"> </span></span><span class="s13"><span class="bumpedFont15">the most commonly used</span></span><span class="s13"><span class="bumpedFont15"> technique</span></span><span class="s13"><span class="bumpedFont15">s</span></span><span class="s13"><span class="bumpedFont15">, </span></span><span class="s8"><span class="bumpedFont15">CBA quantifies the objectives of the </span></span><span class="s8"><span class="bumpedFont15">law with an </span></span><span class="s8"><span class="bumpedFont15">ultimate goal</span></span><span class="s8"><span class="bumpedFont15"> of maximizing</span></span><span class="s8"><span class="bumpedFont15"> </span></span><span class="s8"><span class="bumpedFont15">benefits and minimiz</span></span><span class="s8"><span class="bumpedFont15">ing </span></span><span class="s8"><span class="bumpedFont15">costs. </span></span><span class="s8"><span class="bumpedFont15">It </span></span><span class="s8"><span class="bumpedFont15">is an analytical tool </span></span><span class="s8"><span class="bumpedFont15">which </span></span><span class="s8"><span class="bumpedFont15">searches</span></span><span class="s8"><span class="bumpedFont15"> for variables to indicate economic efficiency. </span></span><span class="s8"><span class="bumpedFont15">As the </span></span><span class="s8"><span class="bumpedFont15">legislative </span></span><span class="s8"><span class="bumpedFont15">drafting process in Indonesia </span></span><span class="s8"><span class="bumpedFont15">lacks</span></span><span class="s8"><span class="bumpedFont15"> a concrete and measured analytical tool,</span></span><span class="s8"><span class="bumpedFont15"> embedding the law and economics methodology within the regulatory making mechanism can provide more effective laws and regulations.</span></span><span class="s8"><span class="bumpedFont15"> </span></span><span class="s8"><span class="bumpedFont15">As the world experiences uncertainties during the globalization era, it is imperative for any country to </span></span><span class="s8"><span class="bumpedFont15">integrate </span></span><span class="s8"><span class="bumpedFont15">law and economics in </span></span><span class="s8"><span class="bumpedFont15">the </span></span><span class="s8"><span class="bumpedFont15">regulatory</span></span><span class="s8"><span class="bumpedFont15"> governance</span></span><span class="s8"><span class="bumpedFont15"> </span></span><span class="s8"><span class="bumpedFont15">framework </span></span><span class="s8"><span class="bumpedFont15">to reach a common goal: </span></span><span class="s8"><span class="bumpedFont15">the maximization of social welfare</span></span><span class="s8"><span class="bumpedFont15"> as enshrined in Article 33 of the 1945 Indonesian Constitution.</span></span>
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41

Mlinarević, Vesnica, and Ružica Tokić Zec. "Intercultural Competences in Initial Teacher Education – Comparative Analysis / Interkulturalne kompetencije u inicijalnom obrazovanju učitelja – komparativna analiza." Croatian Journal of Education - Hrvatski časopis za odgoj i obrazovanje 22, no. 4 (2021). http://dx.doi.org/10.15516/cje.v22i4.3803.

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The future of an individual and society in the global world is reflected in theorganization and quality of today’s school, educational system and teacher education.Interculturalism is encouraged by education in school as a social community whichaccepts diversity as a value. The aim of intercultural education is the developmentof intercultural sensitivity and acquisition of knowledge, skills and abilities neededfor functioning in a multicultural society. Inclusion of intercultural education in theschool curriculum implies the responsibility of all, mostly teachers because they aredirectly involved in the educational process. The intercultural competence of teachersrefers to the interaction encouraging mutual learning with culturally diverse pupils.The paper analyzes valid legal documents and university programs of Croatianteacher studies from the point of interculturalism. The aim of the research is toinspect the relevant legal framework and determine intercultural contents in theCroatian primary teacher education study programs. The comparative analysis ofstudy programs for primary school teachers (in Osijek, Zagreb, Split, Rijeka and Pula)shows that intercultural content is present but differs in number and type. The premiseof successful intercultural education is a quality initial teacher education.Key words: intercultural education; school culture; study programs; teacher-Budućnost pojedinca i društva u globalnom svijetu ogleda se u ustroju i kvalitetidanašnje škole, sustavu odgoja i obrazovanja te izobrazbe učitelja. Interkulturalizamse potiče odgojem i obrazovanjem u školi kao socijalnoj zajednici koja prihvaćarazličitost kao vrijednost. Cilj interkulturalnoga obrazovanja je razvoj interkulturalneosjetljivosti te stjecanje znanja, vještina i sposobnosti potrebnih za djelovanje umultikulturalnom društvu. Uključivanje interkulturalnoga obrazovanja u školskikurikul implicira odgovornost svih, najviše učitelja jer neposredno sudjeluju uodgojno-obrazovnom procesu. Interkulturalna kompetencija učitelja odnosi sena ostvarivanje interakcija koje potiču uzajamno učenje s kulturalno drukčijimučenicima. U radu se analiziraju pojedine važeći dokumenti zakonske legislative isveučilišni programi hrvatskih učiteljskih studija s motrišta interkulturalizma. Ciljistraživanja je uvid u relevantni zakonski okvir i utvrđivanje interkulturalnih sadržajau hrvatskim studijskim programima za školskoga učitelja. Komparativnom analizomstudijskih programa za školskoga učitelja (u Osijeku, Zagrebu, Splitu, Rijeci, Zadrui Puli) evidentno je da interkulturalnih sadržaja ima, no oni se razlikuju po broju ivrsti. Pretpostavka uspješnoga interkulturalnog odgoja i obrazovanja jest kvalitetnoinicijalno obrazovanje učitelja.Ključne riječi: interkulturalno obrazovanje; kultura škole; studijski programi; učitelj.
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42

Jež, Zdravko. "KORUPCIJA." PRIMUS - INFORMATIKA, PRAVO, EKONOMIJA, BANKARSTVO 2, no. 2 (2017). http://dx.doi.org/10.7251/pmg1602009j.

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Korupcija je sveopšta i univerzalna društvena pojava i javlja se kada i samo društvo, samo što usavršava svoje metode i stalno nalazi naĉina da se širi i bude sve prisutnija. Njen osnovni karakter je slabljenje uloge drţave i nosilaca javne vlasti da bi uzurpacijom opštedruštvena svojina bila pretvorena u privatnu i liĉnu nesaglasno aktuelnim pozitivnopravnim propisima. Najslabije i najosetljivije tkivo društva gde se korupcija utemeljuje jeste, pre svega, zloupotreba ovlašćenja nosilaca javnih funkcija i izraţena privatna pohlepa da se ima što više pa ĉak i ono što je zaštićeno bogatstvo društva, s tim što apetiti liĉnog i privatnog na raĉun opšteg društvrnog stalno rastu. Sve ove konstatacije zahtevaju usklaĊenu meĊunarodnu, nacionalnu sihhronizaciju i borbu protiv korupcije, pre svega putem pravne drţave, odgovarajuće legislative pa do preduzimanja konkretnih aktivnosti od strane nadleţnih organizacija i institicija.
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43

Spivack, Carla. "Beware the Asset Protection Trust." European Property Law Journal 5, no. 2 (2016). http://dx.doi.org/10.1515/eplj-2016-0007.

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AbstractCivil law regimes in Europe have been cautiously open to the common law trust for commercial purposes, and to some forms of the private trust as well. This openness indicates that the time may be right to issue a warning to civil lawyers about the recent proliferation of highly problematic forms of the trust in the U. S., and to offer an explanation of the dysfunction which allowed these trusts to win legislative approval. Civil law may be less amenable to these forms of trust for reasons of social policy and legal philosophy as expressed in foundational legal texts. Recent changes to EU trust law and to French and Dutch tax law indicate that this may be the case. This article discusses these new trust forms and discusses some elements of civil law which, at least from a common lawyer’s perspective, offer some resistance to them.
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"Constitutional Law. Establishment Clause. Tenth Circuit Holds That City May Deny Opportunity to Deliver Proselytizing Legislative Prayers. Snyder v. Murray City Corp., 159 F.3d 1227 (10th Cir. 1998) (En Banc), Cert. Denied, 67 U. S. L. W. 3496 (U. S. Mar. 29, 1999) (No. 98-1193)." Harvard Law Review 112, no. 8 (1999): 2025. http://dx.doi.org/10.2307/1342404.

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45

Travar, Ostoja, and Dragana Ribić. "APPLICATION OF THE PUBLIC PROCUREMENT SYSTEM IN BOSNIA AND HERZEGOVINA WITH REGARD TO THE IMPROVEMENT AND DEVELOPMENT OF EDUCATION AND TRAINING / PRIMJENA SISTEMA JAVNIH NABAVKI U BOSNI I HERCEGOVINI S OSVRTOM NA UNAPREĐENJE I RAZVOJ OBRAZOVANJA I USAVRŠAVANJA." EMC Review - Časopis za ekonomiju - APEIRON 13, no. 1 (2017). http://dx.doi.org/10.7251/emc1701150t.

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The public procurement system isnowadays a special discipline, and this paper explores the possibility of researching it. The main reason for researching the mentioned system is the need to apply the public procurement system by the public and private sectors. The public procurement system integrates economic and financial disciplines defined in microeconomic, macroeconomic and managerial skills and disciplines. It is very important to gain knowledge about the public procurement system for the purpose of efficient management of public finances, as well as for the sustainability and development of corporations, and for the country to attract foreign investments. Public procurement in the European Union, Bosnia and Herzegovina and neighbouring countries represents a significant market. Surely, it can be ascertained that studying public procurement will contribute to the development of legal, economic, institutional and operational foundation for the purpose of more efficient functioning of the public procurement system in Bosnia and Herzegovina, in line with the EU standards. A segment of the overall research refers to the education and training, which will ensure a sustainable programme of training of personnel working in the public procurement system, in line with the new legislative framework. Thereby, they will, indirectly, contribute to the strengthening of the public procurement system for the purpose of Bosnia and Herzegovina’s approximation to European integration and integration into global economy.
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46

Vons, B. V., M. B. Chubka, and T. A. Hroshovyi. "MARKETING ANALYSIS AND MONITORING OF PRICES FOR MEDICATIONS WITH CORTICOSTEROIDS OF SOFT DOSAGE FORM USED IN DERMATOLOGY." Фармацевтичний часопис, no. 4 (January 19, 2016). http://dx.doi.org/10.11603/2312-0967.2015.4.5554.

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<p align="center"><strong>MARKETING ANALYSIS AND MONITORING OF PRICES FOR MEDICATIONS WITH CORTICOSTEROIDS OF SOFT DOSAGE FORM USED IN DERMATOLOGY</strong></p><p align="center"><strong>B. V. Vons, M. B. Chubka, T. A. Groshovyi</strong></p><p align="center"><strong>SHEI “Ternopil State Medical University by I. Ya. Horbachevsky”</strong></p><p><strong>Summary</strong>: It was studied the assortment of soft medications with corticosteroids used in dermatology. It was found the correlation of domestic and foreign medications within each pharmacotherapeutic subgroup of medications. The price range was analyzed and the liquidity ratio for medications in this category was calculated too.</p><p><strong>Key words:</strong> corticosteroids, soft dosage forms, price monitoring, market research.<strong></strong></p><p>Every year the level of skin disease is growing rapidly. Today soft medications (SM) take the first place for the local treatment of dermatological diseases [1, 2]. SM with corticosteroids (CS) are the most commonly used medications in dermatology. This group of medications (M) for over 50 years is used for treatment of dermatitis, eczema, erythema, psoriasis, for relieving symptoms of inflammation and itching of the skin.</p><p>However, the price is one of the constituent elements of pharmaceutical marketing and one of the most important factors determining the choice of buyers and demand for goods [4].</p><p>The aim of research was to study the index of medication assortment with corticosteroids, summarize the results of price analysis, namely: the calculation of average retail prices of medications, liquidity ratios of prices, which were analyzed with the following justification of general trends.<strong></strong></p><p>The object of the study was the information posted on the website “Regulatory and legislative documents of the Ministry of Health of Ukraine” [5] about registered SM in Ukraine and the method of analysis of used secondary marketing information.</p><p>There has been 492 names registered, of which 226 medications are used in dermatology according to preliminary studies, for the date of January 1, 2015.</p><p>The largest number of registered medicines belongs to the group of medications with corticosteroids (D 07), 80 medications are used in dermatology. According to the order No. 235 “classifier dosage forms” [7] of MPH of Ukraine, all registered medications with CS were divided due to their dosage form into creams, ointments, gels, pastes, liniments.</p><p>Thus, in the ratio ointments and creams have 49.43 % of the assortment, gels only 1.15 % and corticosteroid medications such as liniments and pastes are not represented on the pharmaceutical market of Ukraine.</p><p>The domestic market of SM with CS depends on import because soft dosage forms (SDF) of foreign manufacturing take 73.56 % of assortment, while soft dosage forms (SDF) of domestic production have 26.44 % of the market.</p><p>SM with CS are represented by 12 countries of the world at Ukrainian market, the leaders are: Poland – 21.87 %, India – 14.06 %, Italy – 12.5 %, Germany – 10.93 %, Belgium and Croatia –</p><p> 9,37 % each.</p><p>In Ukraine, SM with corticosteroids are produced by 8 pharmaceutical enterprises of different ownership. Leading manufacturing positions are occupied by Pharmaceutical Company Zdoroviya, LLC – 26.08 %, Farmak, PJSC, Pharmaceutical company Darnytsiya, PJSC and Kievmedpreparat, PJSC have 17.39 % each of pharmaceutical market.</p><p>Price is one of the most important elements of the marketing complex because it determines the monetary price paid for a particular product [8].</p><p>Price features of SDF with CS presented at the domestic wholesale market from January 2015 to May 2015 were investigated during the research. In particular, dynamics of changes, average weighted wholesale price and liquidity ratios were studied. Wholesale prices presented on an electronic resource “Ezhenedelnyk apteky” [9] were used for the analysis.</p><p>We analyzed the pricing environment of SDF with CS and defined liquidity ratio, which has showed the balance between the maximum and minimum price of a particular medication at a current period at the appropriate market [4] for this category of medications of soft dosage form during January - May 2015. Аt 6.89 % of medications of soft dosage forms with CS have liquidity ratio less than 0,15, in 52.89 % of medications liquidity ratio range between 0,15-0,5, and 40.22 % of medications of soft dosage form with CS have liquidity ratio higher than 0,5.</p><p>Also it was found the average arithmetic wholesale prices for this group of medications during the studied period. All SM with corticosteroids (group D 07 according to ATC classification) were analyzed due to the international non-patented name and divided into domestic and imported medications.</p><p>Average price for 1 pack of medication of SDF with corticosteroids had a significant tendency to change a price during the period of study. The wholesale price of the medication with CS of domestic manufacturer varies from UAH 14.02 per pack to 67.43 UAH, while the price of imported medication is from 19.89 UAH to 267.35 UAH per one pack. It should be noted that the price of imported medications is higher in three times than the price of domestic counterparts.</p><p><strong>References</strong></p><ol><li>Vons B. V. Market analysis of semisolid dosage forms registered in Ukraine and research of excipients included to their formulas / B. V. Vons, M. B. Chubka, T. A. Groshovyi // Farmatsevtychnyy chasopys. – 2015. – № 1. – P. 55-61.</li><li>Analiz rynku zareyestrovanykh v Ukrayini m'yakykh likarsʹkykh zasobiv, yaki vykorystovuyutʹsya u dermatolohiyi / B. V. Vons, T. A. Hroshovyy, M. B. Chubka // Menedzhment ta marketynh u skladi suchasnoyi ekonomiky, nauky, osvity, praktyky: materialy III mizhnarodnoyi naukovo-praktychnoyi Internet-konferentsiyi, (26-27 bereznya 2015 r., m. Kharkiv). – KH.: Vyd-vo NFaU, 2015. – S. 303-304.</li><li>Shmelʹkova K. S. Problema vyboru suchasnoho topichnoho hlyukokortykosteroyidy / Shmelʹkova K. S., Brykov O. L. // Mystetstvo likuvannya. – 2008. – N 8. – S. 114-116.</li><li>Kosyachenko K. L. Naukovo-metodychni pidkhody do otsinky efektyvnosti systemy tsin na likarsʹki zasoby / K. L. Kosyachenko, A. S. Nemchenko, O. V. Kovalenko // Visnyk farmatsiyi. – 2010. – № 3. – S. 51-54.</li><li>Normatyvno-dyrektyvni dokumenty MOZ Ukrayiny [Elektronnyy resurs] / Ministerstvo okhorony zdorovʺya Ukrayiny. – Rezhym dostupu do informatsiyi: <a href="http://mozdocs.kiev.ua/">http://mozdocs.kiev.ua/</a>.</li><li>Dovidnyk “Kompendium”. [Elektronnyy resurs]. – Rezhym dostupu do informatsiyi: <a href="http://compendium.com.ua/">http://compendium.com.ua/</a>.</li><li>Nakaz Ministerstva okhorony zdorov'ya Ukrayiny vid 26.06.2002 roku № 235 “Pro zatverdzhennya Klasyfikatora likarsʹkykh form” [Elektronnyy resurs] / Ministerstvo okhorony zdorovʺya Ukrayiny. – Rezhym dostupu do informatsiyi: .<a href="http://mozdocs.kiev.ua/view.php?id=1113">http://mozdocs.kiev.ua/view.php?id=1113</a>.</li><li>Myrzabekova M. YU. Mekhanyzm tsenoobrazovanyya v sovremennoy ékonomyke / M. YU. Myrzabeova // Ékonomyka y upravlenye v XXI veke: tendentsyy razvytyya. – 2013. – № 11. – S. 106-110.</li><li>Ezhenedelʹnyk apteka. [Elektronnyy resurs]. – Rezhym dostupu do informatsiyi: <a href="http://pharmbase.com.ua/poisk.">http://pharmbase.com.ua/poisk. </a></li></ol>
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47

Collins, Steve. "‘Property Talk’ and the Revival of Blackstonian Copyright." M/C Journal 9, no. 4 (2006). http://dx.doi.org/10.5204/mcj.2649.

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 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. Boyle, J. “A Politics of Intellectual Property: Environmentalism for the Net?” Duke Law Journal 47 (1997): 87. Bowrey, K. “Who’s Writing Copyright’s History?” European Intellectual Property Review 18.6 (1996): 322. Cohen, J. “Overcoming Property: Does Copyright Trump Privacy?” University of Illinois Journal of Law, Technology & Policy 375 (2002). Collins, S. “Good Copy, Bad Copy.” (2005) M/C Journal 8.3 (2006). http://journal.media-culture.org.au/0507/02-collins.php>. Coombe, R. The Cultural Life of Intellectual Properties. Durham: Duke University Press, 1998. Demers, J. Steal This Music. Athens, Georgia: U of Georgia P, 2006. Easterbrook, F. H. “Intellectual Property Is Still Property.” (1990) Harvard Journal of Law & Public Policy 13 (1990): 108. Feather, J. Publishing, Piracy and Politics: An Historical Study of Copyright in Britain. London: Mansell, 1994. Lemley, M. “Property, Intellectual Property, and Free Riding.” Texas Law Review 83 (2005): 1031. Lessig, L. 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
 
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48

Steiner, Miriam. "Soft news/tabloidization (Journalistic Reporting Styles)." DOCA - Database of Variables for Content Analysis, March 26, 2021. http://dx.doi.org/10.34778/2t.

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Abstract:
The concept of “softening the news” or “tabloidization” refers to the adaption of tabloid standards by elite media, as a result of competitive pressures and with the aim of attracting the attention of the mass audience (e.g., Magin, 2019). Reinemann et al. (2012) distinguish three important dimensions: topic dimension: According to this dimension, “soft news” can be distinguished from “hard news” by their political relevance; one can either determine the level of political relevance (Reinemann et al., 2012) or – as most studies do (e.g., Steiner, 2016) – distinguish between topics that can be classified as either hard (e.g., politics) or soft (e.g., crime, sports, lifestyle). focus dimension: Soft news in this respect reports on issues in a rather episodic and less thematic way which means that the news coverage focuses more on the event itself instead of framing the event in a more general context (Iyengar, 1991; see also Entman, 1993). Furthermore, soft news rather focuses on individual rather than societal consequences. style dimension: According to this dimensions, soft news can be distinguished from hard news by the way of presentation. Soft news is presented inter alia in a more emotional, subjective or narrative way. News softening therefore represents a multi-dimensional concept (Esser, 1999; Reinemann et al., 2012) in which the different dimensions and indicators form a continuum. On this basis one can assess the degree of overall news softening. The concept thereby incorporates various other concepts of communication science (e.g., framing, subjective/objective reporting, etc.) that can thus be also attributed to distinct research traditions. Particularly in the style dimension, many different indicators are analysed – although the studies often differ as to which indicators are used. Field of application/theoretical foundation: Since soft news journalism is often seen as a threat to normative standards for quality media, the research on soft news and tabloidization trends is often part of studies on media performance. So far, studies on news softening and tabloidization focus on the comparison of (elite and popular) newspapers (e.g., Lefkowitz, 2018) or (public service and commercial) TV newscasts (e.g., Donsbach & Büttner, 2005). More recent studies also take online media into account (e.g., Karlsson, 2016) or compare social media platforms such as Facebook with offline and/or online media (e.g., Lischka & Werning, 2017; Magin et al., in press). References/combination with other methods of data collection: Content analyses can be combined with survey data from/ interviews with journalists (e.g., Leidenberger, 2015; Lischka & Werning, 2017; Lischka, 2018) or with experiments on the effect of soft news on the audience (e.g., trust in the news, information processing: see Bernhard, 2012 or Grabe et al., 2003 as examples, although these studies do not combine the results on the effects with content analyses). Example studies: Indicator Name of variable(s) Study Topic Dimension: Political relevance Political relevance Reinemann et al., 2012 topic Thema (kategorisiert) [topic (categorized)] Steiner, 2016 Focus Dimension: Episodic framing Episodic – thematic framing Reinemann et al., 2012 Individual framing Individual – societal relevance Reinemann et al., 2012 Style Dimension: 1. Emotional reporting (incl. affective wording, visual presentation of emotions) Emotional – unemotional reporting Reinemann et al., 2012 2. Personal reporting Personal – impersonal reporting Reinemann et al., 2012 3. Colloquial/ loose language Umgangssprache, Lockerheit der Sprache [colloquial, loose language] Steiner, 2016 4. Narrative presentation Nachrichtenpyramide vs. Narration [news pyramid vs. narration] Donsbach & Büttner, 2005 5. Emphasis on conflicts Konflikthaltigkeit [conflicts] Donsbach & Büttner, 2005 Topic Dimension With respect to the topic dimension, soft and hard news can be determined either by the extent to which the political relevance is made clear within the article (e.g., Reinemann et al., 2012) or by the distinction between topics (e.g., Steiner, 2016). Most studies use the latter option with politics (and sometimes economics as well) being considered hard news and topics such as sports and celebrity news being considered soft news. Topic Dimension, Indicator 1: political relevance (Reinemann et al., 2012) Information on Reinemann et al., 2012 Authors: Carsten Reinemann, James Stanyer, Sebastian Scherr, Guido Legnante Research question: This study is a meta-analysis that wants to find out 1) how different studies define news softening and 2) which dimensions and indicators are most often used to measure news softening. As a result, the paper suggests three important dimensions (topic, focus, style) and concrete indicators and operationalizations to measure these dimensions. Object of analysis: 24 studies Info about variable “Four aspects are distinguished that indicate the degree of political relevance of a news item: (1) societal actors, (2) decision-making authorities, (3) policy plan and (4) actors concerned. For each of those aspects the presence (1) or non-presence (0) is coded.” (Reinemann et al. 2012, p. 237) “Two or more societal actors that disagree on a societal issue (e.g., two parties, a party and an NGO, voters and politicians, employers and trade unions). Decision-making authorities (legislative, executive, judiciary) that are or could be involved in the generally binding decision about that societal issue. The substance of a planned or realized decision, measure, programme that relates to the issue. The persons or groups concerned by the planned or realized decisions, measures, programmes.” (Reinemann et al., 2012, p. 237) Variable name: political relevance Level of analysis: article Values: 0) not present; 1) present Level of measurement: nominal Reliability: Variable was not tested within this study. Codebook (in the appendix of the paper, p. 237-238) available under: DOI: 10.1177/1464884911427803 Topic Dimension, Indicator 2: topic (Steiner, 2016) Information on Steiner, 2016 Authors: Miriam Steiner Research question: The study investigates the news softening of German public service and commercial political news on TV and on Facebook. Object of analysis: ARD Tagesschau (TV); ZDF heute (TV); Sat.1 Nachrichten (TV); RTL Aktuell (TV); ARD Tagesschau (Facebook); ZDF heute (Facebook); Sat.1 Nachrichten (Facebook); RTL Aktuell (Facebook) Time frame of analysis: artificial week in 2014 (April, 10 – October, 10) Info about the variable Variable name: Thema (kategorisiert)/ Ressort [Topic (categorized)/ (newspaper) section] Level of analysis: article Values (in German): 101-247) Politik [politics]; 310-399) Wirtschaft [economics] ? defined as “hard news” 900) Unfall/Katastrophe [accident, catastrophe]; 1000-1010) Kriminalität [crime]; 1100) human interest; 1200) Sport [sports] ? defined as “soft news” Level of measurement: nominal Reliability: one coder; intra-coder-reliability: 0.81 (Krippendorff’s Alpha), 83.3% (Holsti) Codebook attached (in German) Focus Dimension According to this dimension, hard and soft news can be distinguished by the framing of the article. Reinemann et al. (2012) hereby differentiate between 1) episodic (soft) vs. thematic (hard) framing and 2) individual (soft) vs. societal (hard) framing. Focus Dimension, Indicator 1: episodic vs. thematic framing (Reinemann et al., 2012: for information about the study, see above) “Here, the focus of a news item as related to the accentuation of episodes or themes is coded. Episodically focused news items present an issue by offering a specific example, case study, or event oriented report, e.g., covering unemployment by presenting a story on the plight of a particular unemployed person […]” (Reinemann et al. 2012, p. 238) Variable name: episodic – thematic framing Level of analysis: article Values: 0) pure or predominant episodic framing; 1) mixed episodic and thematic framing; 2) pure or predominant thematic framing Level of measurement: ordinal Reliability: Variable was not tested within this study. Codebook (in the appendix of the paper, p. 237-238) available under: DOI: 10.1177/1464884911427803 Focus Dimension, Indicator 2: individual vs. societal framing (Reinemann et al., 2012: for information about the study, see above) “Here, the focus of a news item as related to the accentuation of personal or societal relevance is coded. Individually focused news stress [sic!] the personal, private meaning or consequences of the incidents, developments, decisions etc. reported about for members of society. […]” (Reinemann et al. 2012, p. 237) Variable name: individual – societal relevance Level of analysis: article Values: 0) pure or predominant focus on individual relevance/ consequences; 1) mixed attention to individual and societal relevance/ consequences; 2) pure or predominant focus on societal relevance/ consequences Level of measurement: ordinal Reliability: Variable was not tested within this study. Codebook (in the appendix of the paper, p. 237-238) available under: DOI: 10.1177/1464884911427803 Style Dimension This dimension is about how news is presented. Studies thereon analyse different indicators with 1) emotional reporting being most frequently used. Besides, studies refer to 2) personal reporting (i.e., the presence of the journalist’s point of view), colloquial/ loose language, 3) narrative presentation or 4) emphasis on conflicts as indicators of a soft news style. Style Dimension, Indicator 1: emotional reporting Most studies measure emotional reporting with the help of only one variable (usually a multi-level scale) (e.g., Reinemann et al., 2012). Alternatively, one can further distinguish (Magin & Stark, 2015) between verbal style (linguistic features such as strong adjectives and superlatives or emotional metaphors) and visual style (showing emotions in pictures) (e.g., Leidenberger, 2015). Style Dimension, Indicator 1: emotional reporting (Reinemann et al., 2012: for information about the study, see above) “Here, the journalistic style of a news item as related to the emotional presentation of information is coded. […] Emotional news items use verbal, visual or auditive means that potentially arouse or amplify emotions among audience members. This can be done, for example, (a) by dramatizing events, i.e. presenting them as exceptional, exciting, or thrilling; (b) by affective wording and speech, e.g. superlatives, strong adjectives, present tense in the description of past events, pronounced accentuation; (c) by reporting on or visually presenting explicit expressions of emotions (e.g., hurt, anger, fear, distress, joy) […]” (Reinemann et al. 2012, p. 238) Variable name: emotional – unemotional reporting Level of analysis: article Values: 0) purely or predominantly emotional; 1) mix of emotional and unemotional elements; 2) purely or predominantly unemotional Level of measurement: ordinal Reliability: Variable was not tested within this study. Codebook (in the appendix of the paper, p. 237-238) available under: DOI: 10.1177/1464884911427803 Style Dimension, Indicator 2: personal reporting (Reinemann et al., 2012: for information about the study, see above) “Here, the journalistic style of a news item as related to the explicit appearance of journalists’ personal points of view is concerned. It is coded whether a news item includes explicit statements of the reporting [sic!] journalists’ personal impressions, interpretations, points of view or opinions. […]” (Reinemann et al. 2012, p. 238) Variable name: personal – impersonal reporting Level of analysis: article Values: 0) purely or predominantly personal; 1) mix of personal and impersonal elements; 2) purely or predominantly impersonal Level of measurement: ordinal Reliability: Variable was not tested within this study. Codebook (in the appendix of the paper, p. 237-238) available under: DOI: 10.1177/1464884911427803 Style Dimension, Indicator 3: colloquial/ loose language (Steiner, 2016: for information about the study, see above) The variable measures the degree of colloquial language on a 3-point-scale, ranging from 0 (not colloquial at all) to 2 (very colloquial). Variable name: Umgangssprache/ Lockerheit der Sprache [colloquial/ loose language] Level of analysis: article Values: 0) gar nicht umgangssprachlich; 1) wenig umgangssprachlich; 2) stark umgangssprachlich Level of measurement: ordinal Reliability: one coder; intra-coder-reliability: 0.72 (Krippendorff’s Alpha), 88.9% (Holsti, nominal) Codebook attached (in German) Style Dimension, Indicator 4: narrative presentation (Donsbach & Büttner, 2005) Information on Donsbach & Büttner, 2005 Author: Wolfang Donsbach, Katrin Büttner Research question/ Research interest: The study examines the presentation of political news coverage in the most important public service and commercial main German newscasts in 1983, 1990 and 1998 with the aim of revealing changes in the presentation of politics and the extent to which there are convergent trends (? tabloidization). Object of analysis: news on national politics within four German newscasts: 1) Tagesschau (ARD), ZDF heute, Sat.1 Blick/18.30, RTL Aktuell (in 1983: only Tagesschau and ZDF heute) Time frame of analysis: for each year, every second day within the last four weeks before election day was analysed: 1) February 7, 1983 to March 6, 1983 (March 6, 1983 = election day); November 5, 1990 to December 2, 1990 (December 2, 1990 = election day); August 31, 1998 to September 27, 1998 (September 27, 1998 = election day) Info about variable: news pyramid vs. narration This variable is used to measure whether news is presented in terms of the “inverted news pyramid” (that is, answering the important W-questions at the beginning) or whether the journalist tells a story. This variable is measured on a 5-point-scale ranging from -2) (news pyramid) to 2) narration. Variable names: Nachrichtenpyramide vs. Narration [news pyramid vs. narration] Level of analysis: article Values: -2) Nachrichtenpyramide; -1); 0) neither/nor; 1); 2) narration Level of measurement: ordinal Reliability: four coders, reliability: N.A. Codebook (in German) available under: http://donsbach.net/wp-content/uploads/2011/12/Codebuch_TV-Nachrichten.pdf Style Dimension, Indicator 5: emphasis on conflicts (Donsbach & Büttner, 2005: for information about the study, see above) The variable measures whether conflicts are mentioned or not (=9). The variable also distinguishes between implicit (=1; conflict is apparent, but not openly addressed) and explicit (=2; conflict is openly addressed) conflicts. Variable names: Konflikthaltigkeit [conflicts] Level of analysis: article Values: 1) impliziter Konflikt; 2) expliziter Konflikt; 9) kein Konflikt Level of measurement: nominal Reliability: four coders, reliability: N.A. Codebook (in German) available under: http://donsbach.net/wp-content/uploads/2011/12/Codebuch_TV-Nachrichten.pdf References Bernhard, U. (2012). Infotainment in der Zeitung: Der Einfluss unterhaltungsorientierter Gestaltungsmittel auf die Wahrnehmung und Verarbeitung politischer Informationen [Infotainment in the newspaper: The influence of entertainment-oriented style elements on the perception and processing of political information]. Baden-Baden: Nomos. Donsbach, W., & Büttner, K. (2005). Boulevardisierungstrend in deutschen Fernsehnachrichten [Tabloidization trend in German TV news]. Publizistik, 50(1), 21–38. Entman, R. M. (1993). Framing: Toward clarification of a fractured paradigm. Journal of Communication, 43(4), 51–58. Esser, F. (1999). `Tabloidization’ of news: A comparative analysis of Anglo-American and German press journalism. European Journal of Communication, 14(3), 291-324. Grabe, M. E., Lang, A., & Zhao, X. (2003). News content and form: Implications for memory and audience evaluations. Communication Research, 30(4), 387-413. Iyengar, S. (1991). Is anyone responsible? How television frames political issues. Chicago: University of Chicago Press. Karlsson, M. B. (2016). Goodbye politics, hello lifestyle. Changing news topics in tabloid, quality and local newspaper websites in the U.K. and Sweden from 2002 to 2012. Observatorio, 10(4), 150-165. Lefkowitz, J. (2018). “Tabloidization” or dual-convergence: Quoted speech in tabloid and “quality” British newspapers 1970–2010. Journalism Studies, 19(3), 353-375. Leidenberger, J. (2015). Boulevardisierung von Fernsehnachrichten: Eine Inhaltsanalyse deutscher und französischer Hauptnachrichtensendungen [Tabloidization of TV news: A content analysis comparing German and French main newscasts]. Wiesbaden: VS. Lischka, J. A. (2018). Logics in social media news making: How social media editors marry the Facebook logic with journalistic standards. Journalism. Advanced online publication. DOI: 10.1177/1464884918788472 Lischka, J. A., & Werning, M. (2017). Wie Facebook den Regionaljournalismus verändert: Publikums- und Algorithmusorientierung bei der Facebook-Themenselektion von Regionalzeitungen [How Facebook alters regional journalism: Audience and algorithm orientation in the Facebook topic selection of regional newspapers]. kommunikation@gesellschaft, 18. Magin, M. (2019). Attention, please! Structural influences on tabloidization of campaign coverage in German and Austrian elite newspapers (1949–2009). Journalism, 20(12), 1704–1724. Magin, M., & Stark, B. (2015). Explaining National Differences of Tabloidisation Between Germany and Austria. Journalism Studies, 16(4), 577–595. Magin, M., Steiner, M., Häuptli, A., Stark, B., & Udris, L. (in press). Is Facebook driving tabloidization? In M. Conboy & S. A. Eldridge II (Eds.), Global Tabloid: Culture and Technology. Routledge. Reinemann, C., Stanyer, J., Scherr, S., & Legnante, G. (2012). Hard and soft news: A review of concepts, operationalizations and key findings. Journalism, 13(2), 221–239. Steiner, M. (2016). Boulevardisierung goes Facebook? Ein inhaltsanalytischer Vergleich politischer Nachrichten von tagesschau, heute, RTL Aktuell und Sat.1 Nachrichten im Fernsehen und auf Facebook [Tabloidization goes Facebook? A Comparative Content Analysis of the News Quality of Tagesschau, heute, RTL Aktuell und Sat.1 on TV and on Facebook]. In L. Leißner, H. Bause & L. Hagemeyer (Eds.), Politische Kommunikation – neue Phänomene, neue Perspektiven, neue Methoden (pp. 27-46). Berlin: Frank & Timme.
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49

Aly, Anne, and Mark Balnaves. "The Atmosfear of Terror." M/C Journal 8, no. 6 (2005). http://dx.doi.org/10.5204/mcj.2445.

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Abstract:

 
 
 Since September 11, Muslims in Australia have experienced a heightened level of religiously and racially motivated vilification (Human Rights and Equal Opportunity Commission). These fears were poignantly expressed in a letter to the Editor of The West Australian newspaper from a Muslim woman shortly after the London terror attacks:
 
 All I want to say is that for those out there who might have kamikaze ideas of doing such an act here in Australia, please think of others (us) in your own community. The ones who will get hurt are your own, especially we the women who are an obvious target in the public and have to succumb to verbal abuse most of the time. Dealing with abuse and hatred from some due to 9/11 and Bali is not something I want to go through again. (21)
 
 
 The atmosfear of terror finds many expressions among the Muslim communities in Australia: the fear of backlash from some sectors of the wider community; the fear of subversion of Islamic identity in meeting the requirements of a politically defined “moderate” Islam; the fear of being identified as a potential terrorist or “person of interest” and the fear of potentially losing the rights bestowed on all other citizens. This fear or fears are grounded in the political and the media response to terrorism that perpetuates a popular belief that Muslims, as a culturally and religiously incompatible “other”, pose a threat to the Australian collective identity and, ostensibly, to Australia’s security.
 
 At the time of publication, for example, there was mob violence involving 5,000 young people converging on Sydney’s Cronulla beach draped in Australian flags singing Waltzing Matilda and Advance Australia Fair as well as chanting “kill the Lebs”, “no more Lebs” (Lebanese). The mob was itself brought together by a series of SMS messages, appealing to participants to “help support Leb and Wog bashing day” and to “show solidarity” against a government-identified “threat to Aussie identity” (The West Australian). 
 
 Since September 11 and the ensuing war on terror, a new discourse of terrorism has emerged as a way of expressing how the world has changed and defining a state of constant alert (Altheide). “The war on terror” refers as much to a perpetual state of alertness as it does to a range of strategic operations, border control policies, internal security measures and public awareness campaigns such as “be alert, not alarmed”. 
 
 According to a poll published in The Sydney Morning Herald in April 2004, 68 per cent of Australians believed that Australia was at threat of an imminent terrorist attack (Michaelsen). In a major survey in Australia immediately after the September 11 attacks Dunn & Mahtani found that more than any other cultural or ethnic group, Muslims and people from the Middle East were thought to be unable to fit into Australia. Two thirds of those surveyed believed that humanity could be sorted into natural categories of race, with the majority feeling that Australia was weakened by people of different ethnic origins. Fifty-four per cent of those surveyed, mainly women, said they would be concerned if a relative of theirs married a Muslim. The majority of the Muslim population, not surprisingly, has gone into a “siege mentality” (Hanna).
 
 The atmosfear of terror in the Western world is a product of the media and political construction of the West as perpetually at threat of a terrorist attack from a foreign, alien, politically defined “other”, where “insecurity…is the new normal” (Massumi 31). Framed in a rhetoric that portrays it as a battle for the Western values of democracy and freedom, the “war on terror” becomes not just an event in space and time but a metonym for a new world order, drawing on distinctions between “us” and “them” and “the West” and “others” (Osuri and Banerjee) and motivating collective identity based on a construction of “us” as victims and “them” as the objects of fear, concern and suspicion.
 
 The political response to the war on terror has inculcated an atmosfear of terror where Australian Muslims are identified as the objects of this fear. The fear of terrorism is being modulated through government and the popular media to perpetuate a state of anxiety that finds expression in the heightened levels of concern and suspicion over a perceived threat. In the case of the war on terror, this threat is typically denoted as radical Islam and, by inference, Australian Muslims. 
 
 In his exposition of political fear, Corey Robin notes that a central element of political fear is that it is often not read as such – rendering it alien to analysis, critical debate and understanding. Nowhere is this more salient than in the rhetoric on the war on terror characterised by the familiar invocation of terms like democracy and freedom to make distinctions between “the West and the rest” and to legitimise references to civilised and uncivilised worlds. In his speech delivered at the United Nations Security Council Ministerial Session on Terrorism on 20 January 2003, Colin Powell invoked the rhetoric of a clash of civilisations and urged, “we must rid the civilised world of this cancer … We must rise to the challenge with actions that will ride the globe of terrorism and create a world in which all God’s children can live without fear”. It is this construction of the war on terror as a global battle between “the West and the rest” that enables and facilitates the affective response to political fear – a reaffirmation of identity and membership of a collective. As Robin states:
 
 Understanding the objects of our fear as less than political allows us to treat them as intractable foes. Nothing can be done to accommodate them: they can only be killed or contained. Understanding the objects of our fear as not political also renews us as a collective. Afraid, we are like the audience in a crowded theatre confronting a man falsely shouting fire: united, not because we share similar beliefs of aspiration but because we are equally threatened. (6)
 
 
 This response has found expression in the perception of Muslims as an alien, culturally incompatible and utterly threatening other, creating a state of social tension where the public’s anxiety has been and continues to be directed at Australian Muslims who visibly represent the objects of the fear of terror. 
 
 The Australian Government’s response to the war on terror exemplifies what Brian Massumi terms “affective modulation” whereby the human response to the fear of terror, that of a reinforcement and renewal of collective identity, has been modulated and transformed from an affective response to an affective state of anxiety – what the authors term the atmosfear of terror. Affect for Massumi can be inscribed in the flesh as “traces of experience” – an accumulation of affects. It is in this way that Massumi views affect as “autonomous” (Megan Watkins also makes this argument, and has further translated Massumi's notions into the idea of pedagogic affect/effect). In the Australian context, after more than four years of collected traces of experiences of images of threat, responses to terrorism have become almost reflexive – even automated.
 
 Affective modulation in the Australian context relies on the regenerative capacity of fear, in Massumi’s terms its “ontogenetic powers” (45) to create an ever-present threat and maintain fear as a way of life. The introduction of a range of counter-terrorism strategies, internal-security measures, legislative amendments and policies, often without public consultation and timed to coincide with “new” terror alerts is testimony to the affective machinations of the Australian government in its response to the war on terror.
 
 Virilio and Lotringer called “pure war” the psychological state that happens when people know that they live in a world where the potential for sudden and absolute destruction exists. It is not the capacity for destruction so much as the continual threat of sudden destruction that creates this psychology. Keith Spence has stated that in times of crisis the reasoned negotiation of risk is marginalised. The counter-terrorism legislation introduced in response to the war on terror is, arguably, the most drastic anti-libertarian measures Australia has witnessed and constitutes a disproportionate response to Australia’s overall risk profile (Michaelsen). Some of these measures would once have seemed an unthinkable assault on civil liberties and unreasonably authoritarian. Yet in the war on terror, notes Jessica Stern, framed as a global war of good versus evil, policies and strategies that once seemed impossible suddenly become constructed as rationale, if not prudent. 
 
 Since September 11, the Australian government has progressively introduced a range of counter-terrorism measures including over 30 legislative amendments and, more recently, increased powers for the police to detain persons of interest suspected of sedition. In the wake of the London bombings, the Prime Minister called a summit with Muslim representatives from around the nation. In the two hours that they met, the summit developed a Statement of Principles committing members of Muslim communities to combat radicalisation and pursue “moderate” Islam. 
 
 As an affective machination, the summit presents as a useful political tool for modulating the existing anxieties in the Australian populace. The very need for a summit of this nature and for the development of a Statement of Principles (later endorsed by the Council of Australian Governments or COAG) sends a lucid message to the Australian public. Not only are Australian Muslims responsible for terrorism but they also have the capacity to prevent or minimise the threat of an attack in Australia. Already the focus of at least a decade of negative stereotyping in the popular Australia media (Brasted), Australian Muslims all too quickly and easily became agents in the Government’s affective tactics. 
 
 The policy response to the war on terror has given little consideration to the social implications of sustaining a fear of terrorism, placing much emphasis on security- focused counter-terrorism measures rather than education and dialogue. What governments and communities need to address is the affective aspects of the atmosfear of terror. Policy makers can begin by becoming self-reflexive and developing an understanding of the real impact of fear and the affective modulation of this fear. Communities can start by developing an understanding of how policy induced fear is affecting them. To begin this process of reflection, governments and communities need to recognise fear of terrorism as a political tool. Psychological explanations for fear or trauma are important, especially if we are to plan policy responses to them. However, if we are to fight against policy-induced fear, we need to better understand and recognise affective modulation as a process that is not reducible to individual psychology. Viewed from the perspective of affect, the atmosfear of terror reveals an attempt to modulate public anxiety and sustain a sense of Australia as perpetually at threat from a culturally incompatible and irreconcilable “other”. 
 
 References
 
 Altheide, David. L. “Consuming Terrorism.” Symbolic Interaction 27.3 (2004): 289–308. Brasted, Howard, V. “Contested Representations in Historical Perspective: Images of Islam and the Australian Press 1950-2000”. In A. Saeed & S. Akbarzadeh, Muslim Communities in Australia. Sydney: U of NSW P, 2001. Dunn, K.M., and M. Mahtani. “Media Representations of Ethnic Minorities.” Progress in Planning 55.3 (2001): 63–72. Dunn, K.M. “The Cultural Geographies of Citizenship in Australia.” Geography Bulletin 33.1 (2001): 4–8. “Genesis of Cronulla’s Ugly Sunday Began Years Ago.” The West Australian 2005: 11. Green, Lelia. “Did the World Really Change on 9/11?” Australian Journal of Communication 29.2 (2002): 1–14. Hanna, D. 2003. “Siege Mentality: Current Australian Response.” Salam July-Aug. (2003): 12–4. Human Rights and Equal Opportunity Commission. Ismaa – Listen: National Consultations on Eliminating Prejudice against Arab and Muslim Australians. Sydney: Human Rights and Equal Opportunity Commission, 2004. Kerbaj, Richard. “Clerics Still Preaching Hatred of West.” The Australian 3 Nov. 2005. Kinnvall, Catarina. “Globalization and Religious Nationalism: Self, Identity, and the Search for Ontological Security.” Political Psychology 25.5 (2004): 741. “Letters to the Editor.” The West Australian 25 July 2005: 21. Massumi, Brian. “Fear (The Spectrum Said).” Positions 13.1 (2005): 31–48. Massumi, Brian. “The Autonomy of Affect.” In P. Patton, ed., Deleuze: A Critical Reader. Cambridge, Mass.: Blackwell, 1996. “Meeting with Islamic Community Leaders, Statement of Principles.” 23 Aug. 2005. http://www.pm.gov.au/news/media_releases/media_Release1524.html> Michaelsen, Christopher. “Antiterrorism Legislation in Australia: A Proportionate Response to the Terrorist Threat?” Studies in Conflict and Terrorism 28.4 (2005): 321–40. Osuri, Goldie, and Subhabrata Bobby Banerjee. “White Diasporas: Media Representations of September 11 and the Unbearable Whiteness of Being in Australia.” Social Semiotics 14.2 (2004): 151–71. Powell, Colin. “Ridding the World of Global Terrorism: No Countries or Citizens are Safe.” Vital Speeches of the Day 69.8 (2003): 230–3. Robin, Corey. Fear: The History of a Political Idea. New York: Oxford UP, 2004. Spence, Keith. “World Risk Society and War against Terror.” Political Studies 53.2 (2005): 284–304. Stern, Jessica. “Fearing Evil.” Social Research 71.4 (2004): 1111–7. “Terrorism Chronology.” Parliament of Australia Parliamentary Library. http://www.aph.gov.au/library/intguide/law/terrorism.htm> Tomkins, Silvan. Affect, Imagery and Consciousness. New York: Springer Publishing, 1962. Virilio, Paul, and Sylvere Lotringer. Pure War. New York: Semio-text(e), 1997.
 Watkins, Megan. “Pedagogic Affect/Effect: Teaching Writing in the Primary Years of School.” Presented at Redesigning Pedagogy: Research, Policy, Practice Conference. Singapore: National Institute of Education, 31 May 2005.
 
 
 
 
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 Aly, Anne, and Mark Balnaves. "The Atmosfear of Terror: Affective Modulation and the War on Terror." M/C Journal 8.6 (2005). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0512/04-alybalnaves.php>. APA Style
 Aly, A., and M. Balnaves. (Dec. 2005) "The Atmosfear of Terror: Affective Modulation and the War on Terror," M/C Journal, 8(6). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0512/04-alybalnaves.php>. 
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50

Nunes, Mark. "Distributed Terror and the Ordering of Networked Social Space." M/C Journal 7, no. 6 (2005). http://dx.doi.org/10.5204/mcj.2459.

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Abstract:

 
 
 Truth be told, the “Y2K bug” was quite a disappointment. While the technopundits wooed us with visions of network failures worthy of millennial fervor, Jan. 1, 2000, came and went without even a glimmer of the catastrophic. Yet the Y2K “bug” did reveal the degree to which the American apocalypse now took the form of the network itself. The spaces of everyday life in America and elsewhere in a developed world produce and are produced by network structures that Manuel Castells has called “spaces of flow.” As such, Catastrophe today is marked more by dispersion and dissipation, rather than breakdown — a dis-strophe of social forms, structures, and experience. The dissipation of enactive networks does not, however, equate with a system failure. With the Internet “bubble burst” of March, 2000, the very exuberance of market flows were very much the conditions of possibility for both the irruption of a new economy and its sudden evaporation. It is not the ephemerality of these social forms and structures that disorients activities of everyday life in a network society, but rather our lack of control over distributed processes. The bubble burst, then, by no means sounded a death knell for distributed network functions. Rather, it marked a moment of increased misrecognition of the forms, structures, and practices that were the conditions of possibility for the event itself, as an ideology of authentication eclipsed a rhetoric of emergence and flow. Billions in capital disappeared in a matter of weeks, but the network forms and structures that allowed individual users “direct access” to the flows of capital remained in place for a normative virtual class, articulated as personalized and privatized spaces of control. As the bubble burst signaled an instance of digital dis-strophe, the 9/11 attacks on the World Trade Center marked a similar dissipative moment, articulated in the material terror of over 1,300 feet of skyscraper steel and human bodies turned to wreckage and dust. Much as the market crash of 2000 represented a collapse from within of the same network processes that enabled the market’s phenomenal growth, for all the “foreignness” of the terrorists, al Qaeda as an organization appeared decidedly at home in the globalized network society that it threatened to destroy. In an instance of Baudrillardian “ironic revenge,” terrorism appropriated all the trappings of a global space of flows in the name of subverting that same social structure (Baudrillard, “Spirit” 17-19). Only within the conditions of possibility of networked social space could such attacks occur. As such, terrorist cells functioned (the media informed us) as nodes in a distributed network, a human articulation of a space of flows capable of enacting horrifying acts beyond control. While in the years leading up to the market collapse of March, 2000, a growing number of an emerging virtual middle class (from cyberhippy to day-trader manqué) began to understand distributed networks as material expressions of a social revolution, the image of a distributed network changed after 9/11, becoming a global spatiality of fear and danger. As independent scholar Sam Smith notes on his weblog: I expect the organizing principle of the coming age – the era that began on September 12… – will be the distributed network, and we already have some early indications of what this period might look like. The decentralized potency of the Internet is a perfect metaphor in so many ways, and al Qaeda itself provides an apt demonstration of the character and power of the distributed network…. As our ill-prepared military has discovered, it’s hard to kill something you can’t find. Thank goodness for the Taliban, eh? Although figured as an anti-modern fundamentalism, the terrorist networks associated with September 11 served as an image of contemporary network structures themselves. The enemy, it seemed, was not some reclusive figurehead, but rather, the spatiality of the network itself, enacted by distributed, autonomous agents. Carl Conetta, writing on the nature of al Qaeda as a distributed network, notes in particular its ability to “[link] subnational elements together in a transnational web,” to thrive in nation-states that have collapsed or are about to collapse; in short, al Qaeda “lives in the interstices” of modern global space (Conetta). As globalization’s ironic revenge, distributed terror maps the interstitial flows that exploit the inability of centralized authority to coordinate emergent, enactive forms of network agency. In response, the US Congress passed the Patriot Act as an attempt to introduce modes of control into distributed networks and place them at the fingertips of state-based agencies. In an era of global flows, the Patriot Act reestablished the homeland as both a concept of social space and a delimited space of practice, articulated through global network structures. As part of President Bush’s “war on terror,” the Patriot Act declared war on the dispersive and dissipative nature of distributed networks by introducing what Deleuze and Guattari would call state-based apparatuses of capture. But as Deleuze notes, in a world of flows, “capture” occurs as a modulation, not an enclosure — a system of distributed control that is itself expressed in flows (4). The Patriot Act acknowledges networks themselves as modes of agency (noted in its frequent reference to an “intelligence service or network of a foreign power”), and as such institutes a legislative structure to “trap and trace” emergent network structures. In effect, the Patriot Act marks a modulation of networked social space that affirms the primacy of global flows in contemporary life at the same time that it initiates state-based systems of distributed control. Apparatuses of capture modulate flows by eliminating the interstitial and regulating transmission as a mode of order. The “homeland security” measures, then, are precisely this sort of effort to modulate the forms, structures, and practices of a space of flows. As the US military force mounted, one heard less and less talk of the distributed network form of terror, as an uncontrollable threat coalesced in the modulated image of a handful of figureheads: a “line up” in its most literal sense connecting bin Laden, Zakawi, and Hussein. The infamous Most Wanted card deck shifted our imagination from the shuffling networks of global terror to a linear ranking of Ba’ath Party players — a chain of command in a “rogue nation,” from ace of spades to the two of clubs. The topology of fear had changed. Within months, the U.S. government’s rhetoric had swayed our attention from terrorist networks to an “Axis of Evil.” Gone were the references to the complex webbings of distributed systems, and in its place, the reassuringly linear, gravitational orientations of good and evil. The “axis” not only revived the relatively clear lines of geopolitics of the Second World War; it also attempted to reestablish a representation of space predicated upon unidirectional movements and centralized control. Meanwhile, back in the homeland, DARPA’s Total Information Awareness (TIA) Program (renamed the Terrorist Information Awareness Program for better PR) promised a means of capturing flows of information through distributed control over the network. Whereas terrorist organizations exploit the interstitial spaces of a global network society, TIA as a state-based apparatus of capture promised to utilize these same networks to modulate a space of flows and extract orderly patterns of information. The agent of the state doesn’t necessarily control the flow of these networks, but rather, extracts mappings of emergent connections enacted by the network itself. Patterns of informatic exchange and transmission, then, provide distributed control over a network environment that can only be defined by flows and virtualities. In contrast to the data mining we are all used to in a commercial setting, where patterns of aggregate data give rise to “meaningful” market analysis, distributed control systems would instead focus on “rare but significant connections” mapped by the relational structures of a situated subject (DARPA A-14). Lines of contact emerge as pattern recognition allows authorized agents to “connect the dots” (a favored expression throughout DARPA’s report to Congress) within an undifferentiated network of data-flow. Distributed control creates a means for modulating what would otherwise appear as abject noise or aberrant links; the very fact that terrorist networks are represented as abject, interstitial social formations (and vice versa) becomes the condition of possibility for their recognition and capture. In a world in which networks of flows shape both state structures of power and the attempts to destroy those same structures, the lines have been drawn — and modulated. Through systems of distributed control, enactive networks now increasingly speak to a social space in which agency itself maps an emergent network. Less than two years after the Patriot Act was signed into law, DARPA lost Congressional funding for TIA. Again, it was the potential for success that induced our visions of digital catastrophe — that such a large body of data subjected to distributed control presented the potential for the network’s ironic revenge. Yet in many ways the modes of distributed control enacted by networks of pattern recognition are already matters of everyday life, misrecognized as “conveniences” in a network society. While spam filters and software agents hardly equate with the sophistication of TIA programs, the goal of each is the same — to modulate flows and cast off or capture the interstitial within programs of order. While information may want to be free, the forms, structures, and practices of everyday life reveal the degree to which a normative virtual class exerts a will to control, and an ironic willingness to distribute that control to the network itself. In a post-9/11 America, distributed controls are all the more implicated in everyday life, and all the more misrecognized as such by a citizenry terrified by middle eastern networks and placated by lines in the sand. References Baudrillard, Jean. The Spirit of Terrorism. Trans. Chris Turner. New York: Verso, 2003. ———. Symbolic Exchange and Death. Trans. Iain Hamilton Grant. Thousand Oaks, CA: Sage, 1993. Castells, Manuel. The Rise of the Network Society. Cambridge: Blackwell, 1996. Conetta, Carl. “Dislocating Alcyoneus: How to Combat al-Qaeda and the New Terrorism.” Project on Defense Alternatives. http://www.comw.org/pda/0206dislocate.html>. Defense Advanced Research Projects Agency (DARPA). “Report to Congress Regarding the Terrorism Information Awareness Program.” Washington, D.C. 20 May, 2003. http://www.eff.org/Privacy/TIA/TIA-report.pdf>. Deleuze, Gilles. “Postscript on the Societies of Control.” October 59 (Winter 1992): 3-7. Deleuze, Gilles and Felix Guattari. A Thousand Plateaus. Trans. Brian Massumi. Minneapolis: U Minnesota P, 1984. Trippi, Laura. “More Signs of 911’s Complex Effects.” Netvironments. http://www.netvironments.org/blog/archives/2001_09_01_archives1_html>. Smith, Sam. “Weblog: July/August 2002.” http://www.lullabypit.com/blog/02.jul_aug.html>. United States. Cong. Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act) Act of 2001. Washington: GPO, 2001. http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ056.107.pdf>. 
 
 
 
 Citation reference for this article
 
 MLA Style
 Nunes, Mark. "Distributed Terror and the Ordering of Networked Social Space." M/C Journal 7.6 (2005). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0501/01-nunes.php>. APA Style
 Nunes, M. (Jan. 2005) "Distributed Terror and the Ordering of Networked Social Space," M/C Journal, 7(6). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0501/01-nunes.php>. 
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