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1 – 10 of 13Academic literature and news media on young people’s activism predominantly champions young people who align with liberal or progressive values, evident most recently in the…
Abstract
Academic literature and news media on young people’s activism predominantly champions young people who align with liberal or progressive values, evident most recently in the youth-led climate strikes around the world. Research is often undertaken by scholars who see their work as advocacy for children and young people, countering deficit-based depictions of politically disengaged or ill-informed youth. Yet, this scholarship rarely includes young people whose forms of political activism align with conservative, right-wing, or even alt-right politics. Such ‘selective advocacy’ reinforces a limited picture of the who and what of young people’s political participation. In this chapter, I explore what it might mean for the field of youth studies to provide a more complex picture of young people’s activism and the necessary discomfort that emerges when the desire to advocate for young research participants conflicts with a researcher’s own political and moral concerns. Through a feminist post-structural frame, I examine media and public discourses surrounding instances of young people’s activism in conservative, right-wing, and alt-right spaces. I present the case of a conservative protest organised by a group of university students and targeting a drag queen hosted children’s story time at a library in Brisbane, Australia. This case highlights the importance of maintaining ‘epistemic uncertainty’ when it comes to the complexity of youth and activism. If we are to provide a fuller picture of youth activism, I argue that it is important not to overlook less ‘comfortable’ forms that do not neatly align with the progressive advocacy that dominates the field of youth studies.
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Constance E. Bagley and Gavin Clarkson
This paper focuses on two related questions at the intersection of antitrust and intellectual property law. First, under what circumstances must the holder of a patent or a…
Abstract
This paper focuses on two related questions at the intersection of antitrust and intellectual property law. First, under what circumstances must the holder of a patent or a copyright or the owner of a trade secret allow others to use that intellectual property? Second, under what circumstances can the holder of an intellectual property right use that right to make it difficult for another party to succeed in a related market? These questions have vexed antitrust and intellectual property scholars alike ever since the Federal Circuit ruled in 2000 that patent holders “may enforce the statutory right to exclude others from making, using, or selling the claimed invention free from liability under the antitrust laws,” a ruling that directly contradicted the Ninth Circuit ruling that antitrust liability could be imposed for almost identical conduct, depending on the motivations of the patent holder. The various proceedings in United States v. Microsoft only added fuel to the firestorm of controversy.After briefly retracing the jurisprudential path to see how this situation arose, we propose a solution that primarily involves a variation on the real property concept of adverse possession for the intellectual property space along with a slight extension of the Essential Facilities Doctrine for industries that exhibit network effects. We examine, both for firms with and without market power, how our proposal would resolve the situations presented by large fixed asset purchases, the introduction of entirely new products, and operating systems with network effects. We also demonstrate how our proposal could be applied in the European antitrust enforcement context.