Michael D'Rosario

Fair Use Defences During Copyright Litigation: Is the Success of a Fair Use Defence Strategy Predictable?

The prediction of legal outcomes and other legal domain related variables has served as the basis of a number of recent studies. While recent studies have estimated standardised variables and dichotomous outcomes such as the outcome of a judicial decision process, few studies have employed dichotomous data and categorical data to predict the basis of a legal defense strategy or the likelihood of trial success. Empirical research within the judicial sciences continues to employ a limited subset of empirical methods. This article reasserts the benefits of several artificial intelligence based non-parametric techniques that are better suited to the discipline than many of the common methods employed within the literature. The article considers the predictability of fair use defense within the U.S. during copyright infringement proceedings, and the likelihood of trial success.

The impact of legal advocacy experience within the US Supreme Court on trial decision outcomes

Can advocacy experience differentials be used in formulating a model to predict trial outcomes in the US Supreme Court? In recent years, a number of studies have considered the role of experience before the Supreme Court in the determination of trial outcomes. The work of Sheehan, Mishler and Songer supports the assertion that trial experience possessed by trial lawyers is associated with disproportionate rates of success. McGuire is a significant study into the impact of the experience of competing trial lawyers on judicial decision making. The study identified the experience differentials of lawyers and sought to determine the impact of these differentials on trial outcomes. The study found that trial experience possessed by trial lawyers was associated with favourable trial outcomes. The current study extends upon McGuire, assessing the robustness of the original study employing a series of more advanced parametric estimation techniques. The study then uses the McGuire logistic model framework to develop a model of prediction, employing a backward propagation, multilayer perceptron network model.

Promoting indigenous financial inclusion: improving ICT access within rural Australia

ThisarticledescribeshowthemajorityofAustralia’sindigenouscommunitieslivewithinisolated regionsandaretypicallycharacterizedbylevelsofdisadvantagenotevidencedwithinmainstream Australiansociety.Whilethereareanumberofreasonsfortheevidenceddisadvantages,accessto financialservicesandsocialservicesareacknowledgedaskeycontributors.Thearticleoutlinesthe roleofbankingsectorcompetitionandchangingbankingstructuresontheexclusionofindigenous peoplefrombankingservices.Itisclaimedhereinthataccess,marketing,price,andself-exclusionall servetopromotefinancialexclusion.Itispositedthatformsofaccessexclusionsuchasbankbranch accessandgeographicdispersionhaveservedasthekeystructuralimpedimentstoindigenousfinancial inclusion.Specifically,thisarticleconsidersthepotentialroleofadaptivecellulartechnologiesand communitytelecentresinaddressingfinancialexclusionwithinindigenouscommunities.Detailing successful ‘social banking’ models adopted in several developing countries, it is asserted that m-bankingcouldserveasapowerfultoolforinclusion. KeyWoRdS Manufacturing Industry, Partner Firms, Strategy and Policy, Supply Chain Management

Intellectual Property Regulation, and Software Piracy, a Predictive Model

In recent years, a number of studies have considered the impact of IPRs on software piracy, specifically TRIPS and more recently U.S. USTR 301 reporting, pursuant to the Trade Act. The work of Shadlen 2005 supports the assertion that a number of recent IPR reforms directly influence rates of copyright infringement. Shadlen 2005 is a significant study into the impact of the IPRs such as TRIPS, Out of Cycle reviews and USTR 301 reporting on software piracy. The study identified a number of key IPR reforms and sought to determine the impact of IPR reform differentials on observed piracy rates. The current study extends upon Shadlen 2005, comparing the pooled panel model framework to an alternative model of prediction, a backward propagation, multilayer perceptron network model. The analysis conducted herein focuses specifically on ASEAN member countries. The study employs the Garson 1991 and Goh 1995 methods of independent variable analysis to offer further insight into relative importance of the IPR reform variables.