Understanding algorithms. Spaces, expert communities, and cultural artifacts

The Court of Appeals for the Federal Circuit (“CAFC”)—the appeals court in charge of virtually all patent cases—has been fraught with controversy since its creation in 1982. To its critics, the Federal Circuit engages in puzzling behaviors, out of step with its role as an Article III appellate court. The Federal Circuit shows little deference to district courts on questions of fact and to the Patent and Trademark Office (“PTO”) on technical issues. It surprisingly resorts to formalistic rules in an area of the law that requires flexibility to adapt to changing technological landscapes. These criticisms have become increasingly salient, leading to calls for an end to the Federal Circuit’s exclusive jurisdiction over patent appeals. Several explanations have been put forth to account for these puzzling behaviors. Yet, none can fully explain the range of unique Federal Circuit conduct. Without a full explanation for Federal Circuit behavior, however, the debate over Federal Circuit jurisdiction will remain gridlocked. Drawing upon studies from the sociology of expertise, this Article provides a model of Federal Circuit decision-making that explains and predicts Federal Circuit behavior as a product of four distinct but interrelated expert community features: (1) epistemic control, (2) codification, (3) typecasting, and (4) inability to self-coordinate. The drive that expert communities exhibit for maximal control and autonomy over their knowledge base— referred to as epistemic control—explains why the Federal Circuit is less likely to defer to solutions proposed by other expert communities, such as the PTO, than would be expected of generalist courts. Those motivations also predict that expert communities such as the Federal Circuit will be more likely to defy non-expert superior generalists, such as the Supreme Court, than would be expected under traditional accounts of behavior in judicial hierarchies. The codification feature of expert communities gives a richer account than © 2015 Laura G. Pedraza-Farina † Assistant Professor, Northwestern University Law School, laura.pedrazafarina@law.northwestern.edu. I thank Jonas Anderson, Adam Candeub, Brian Casey, Kevin Emerson Collins, Mariana Craciun, Shari Diamond, Rochelle Dreyfuss, Peter diCola, Gil Eyal, Roger Ford, Ezra Friedman, John Golden, Paul Gugliuzza, Shubha Ghosh, Tonja Jacobi, Andrew Koppelman, Joshua Kleinfeld, Peter Lee, Orly Lobel, Peter Menell, Jide Nzelibe, Lisa Larrimore Ouellette, Matthew Sag, Joshua Sarnoff, David Schwartz, Nadav Shoked, Matthew Spitzer, Kristen Stilt, Melissa Wasserman, and audiences at Northwestern Law School, the American Bar Foundation, DePaul Law School, the 2014 Intellectual Property Scholars Conference, PatCon 2014, Works-in-Progress in Intellectual Property 2014, the 7th Annual Junior Scholars in Intellectual Property Conference, Michigan State University Law School, and the 2014 Intellectual Property Scholars Roundtable for their helpful comments and feedback. Jason Portis and Ryan Whalen provided excellent research assistance. 90 BERKELEY TECHNOLOGY LAW JOURNAL [Vol. 30:1 existing narratives of when and why the Federal Circuit may prefer inflexible rules of decision over flexible standards. It predicts that the Federal Circuit will resort to rules not only to simplify technical knowledge or control subordinate communities, but also to build external legitimacy and manage internal dissent. Normatively, this model offers a path out of the gridlock by revealing a framework to evaluate and design proposals for Federal Circuit reform. To minimize the distortive effects of typecasting in the context of a centralized court, while retaining the advantages of expertise, this Article proposes the use of advisory panels to house technological, sociological, and economic expertise. Additionally, the model has important implications beyond the Federal Circuit, as it provides a novel theoretical lens to analyze the behavior of other specialized courts.

As enduring as categories are, they can and do change, over time and across spaces. Yet, such processes have received comparatively little attention. Moving beyond understanding how categories conf...

This paper is based on the phenomenon of dancer or tayub which is celebrated as a very popular cultural artifact in public life, particularly in Java. This tradition is originally part of a sacred ritual, which ultimately became a performing art, but tends to be viewed negatively. In a historical context, the dancer was originally seen based on cultural concept and evolves into culturally sacred profane. Negative reception of ronggeng is not only uttered orally but also embodied in the written tradition. It is found in the genre of literary fiction such as in Tayuban's Notosusanto Nugroho (1959), Sri Sumarah and Bawuk by Umar Kayam (1975), Trilogy Ronggeng Dukuh Paruk written Ahmad Tohari (1982), and Ronggeng works Dewi Lingga Sari (2007). The results of this study illustrate that the figure of dancer who is represented in Indonesian fiction are various. Although there are similarities, but the authors tend to have different reception levels regarding ronggeng. Ronggeng as cultural artifacts is the manifestation of the ability of local communities to respond and adapt to the environment actively. Similarly, what is represented in fiction about ronggeng is a mirror of the society where the work was born. Keywords: prose fiction, reception, representation, ronggeng, tayub

In this paper we discuss how new combinations of technology, art and culture enable children with special needs new ways to express themselves. UN declaration (UDHR) states "All human beings have the right to participate in cultural life, enjoy art…", later including children (CRC) and persons with disabilities (CRPD). To meet these UN demands, several countries have created cultural programs to offer children art and culture activities in school. In the Norwegian Cultural Schoolbag-program they emphasize that art and culture can provide experiences that may be decisive in order to develop the individual's personal identity, life quality and alternative worldviews. Since 2015 one county offers a unique "Accessible-Program" for children with special needs. From many years of research, we know the health-promoting value of artistic and musical activities. New technology opens up completely new ways to make art and culture accessible for all. In this paper, we show how we used music and cultural artefacts with musical and visual capabilities (RFID, AI), giving diverse users new musical, artistic, sensorial and creative experiences. We do this in relation to Ruud's concepts of Health Affordance and Cultural Immunogen. As a travelling interactive art installation, being part of the Norwegian "Accessible-Program", we made participatory observations in six schools. We experienced how the children expressed themselves, co-created, showed self-efficacy and made different cultural experiences, depending on disability and relations. With this paper, we emphasize that art and culture, in combination with technology, offers valuable new health-promoting potentialities, important for the UD community.

Due to a lack of precise and exact terms of reference, the Internet features very little content related to agriculture. Agropedia, one of the world's first agricultural knowledge repositories built from semantic, collaborative, and social networking metaphors, bridges this gap via agricultural knowledge models. Creating vibrant and diverse communities requires careful planning as well as an open, yet flexible, protocol. Agropedia, through its peer-reviewed scientific content contributed by agricultural research institutions and its community-generated interactive folk knowledge, brings together the expert community and the user community. The shorter, printed article is available online at http://doi.ieeecomputersociety.org/10.1109/MIC.2010.109.

Based on extensive field research, this article applies an Indigenous energy injustice framework to a utility-scale solar energy project. The Genesis Solar Energy Center was completed in 2014, and it is an innovative 250 MW concentrated solar power facility in Riverside County, California. We explore the impact of Genesis on one Indigenous authority, the Colorado River Indian Tribes (CRIT), given that the Genesis project site occupies a landscape full of cultural artifacts from numerous Indigenous civilizations and nations. Using a mix of expert interviews, community interviews, and focus groups, we analyze five dimensions of complex energy injustice associated with the Genesis project. Racial injustices include the discriminatory ways that Genesis distributed costs and benefits such as occupational hazards for minority workers, prompted intertribal conflict, and had disparities in employment opportunities. Spatial and interspecies injustices encompass Genesis’s multiple dependence on fossil fuels and toxic materials as well as its contribution to air pollution and dust, the risk of fires, deleterious effects on wildlife, and water usage. Recognition injustices involve the removal of CRIT cultural artifacts and burial remains from the Genesis territory, eroding the spiritual sacredness that CRIT places on land, and interference with historic hunting practices. Procedural colonial injustices envelop flawed community consultations, the exclusion of CRIT claims and evidence from legal proceedings, and disregarding calls from CRIT to cancel the project. Indigenous self-determination concerns relate to the nonuse of solar energy on the reservation, burgeoning energy security and poverty needs, and unmet investments in aging infrastructure on the CRIT reservation.

One way to study the politics of big data is the inspection of their assemblages. By opening up the “black boxes” of data assemblages, it is possible to reconstruct the choices, compromises, conflicts and agree-ments that contributed to the construction of a given datum. Leaning on in-depth interviews and focus groups with experts and specialists who work within three European data centers, we unveil the interde-pendence between social and technical aspects and between a series of internal and external actors, which all contribute to the data assemblage. Results show that communities of experts, technologies, stakeholders and end-users are entwined components that interact amongst them in a contingent and complex web of negotiations and constraints and frame what is possible, desirable and expected by data.

“Skill” is usually confused both with the term “ability”, which from the Latin “ habilis ” means manageable, referring to a technical function, both with the term “capacity”, the possibility of realizing a performance (Fulcheri, 2005). Here we intend with the term “skill” a union between “to know”, “to know-how” and “to know how to be”. “To know” regards all theories, codified knowledge formulated by communities of experts about a specific topic. “To know-how” regards working methodology, operative aspects oriented by theories critically chosen by the professional as a working berth. “To know-how” includes, therefore, operative and procedural knowledge, practical skills, specific professional experience, problem solving in working practice. This study started from literature analysis before explained with the aims of explore and display any difference in conducting a clinical interview, according to specific competences as well as the psychotherapeutic competences in two groups of mental health professionals: psychologists in psychotherapeutic training and physicians in psychiatric training.

Caritas Bangladesh (CB) and Caritas Switzerland have been engaged in two project phases with the aim to increase the access to clean drinking water so far. The project was launched in 2010. In the 2 nd and 3 rd phases, CB took over project implementation and the project was relocated within Khulna Region. In the three previous phases the necessary technical knowledge on the usage of the WATA technology was gathered, behavior change on hygiene practices on community level was achieved, various distribution channels were tested, a supply and demand analysis was conducted and the institutional setup for the future was explored. The 4th project phase is set to last until December 2017. In order to make the approach scalable and economically sustainable the chlorine service provided by Community Experts in the previous project phases has been changed to producing and selling a 40mL bottle containing liquid chlorine with a concentration of 6g/L for self-treatment (by customers) called “Water Doctor”.

Learning and teaching of health and medical Informatics is currently supported by web based material, which in the main has been derived from traditional texts. Aided by contributions from the expert community, the web site of the handbook of Medical Informatics has been developed to incorporate increased interactivity (with question and answers related to each section). This approach has proved beneficial to both student and teacher. To further increase the interactivity of the WWW we investigate the suitability of authoring tools for developing complex simulations and interactive tutorials, using an example from the area of quantitative decision support (Bayes Theorem). We propose that these tools provide a suitable platform for the preparation and delivery of collaboratively produced HMI courses, which address open and distance learning and pedagogic issues.

In the course of the last few decades web-based communication has facilitated the dissemination of scientific knowledge and has contributed to making material which was primarily targeted to the expert community also available to the wider public. For such a mass of information to be effectively comprehended, some changes became necessary in order to facilitate web-searches and locate relevant material when browsing online archives. In the light of the above, the genre of research article (RA) abstracts in online academic publications seems to be particularly interesting, since its distinctive generic function is to both attract the readers’ attention and synthetically anticipate the content of the ensuing RA. This paper compares abstracts in print issues and those available in electronic format of the Washington Law Review to see whether and to what extent the concern for piquing readers’ curiosity to continue reading the associated RA has affected abstract writing. The focus will be placed particularly on knowledge dissemination (KD) resources such as the labels used to refer to the associated RA, the verbs employed to describe the type of scientific activity performed by the RA and, finally, the metadiscursive markers (namely frame and endophoric markers) used to provide interpretive guidance to readers.

The track of human evolution and its cultural remnants set evergreen inquiry in the minds of every modern man. African continent has yielded rich evidences that proved crucial not only in establishing the identity of human ancestors but also the cultural evolutionary trends complementing with the biological evolution. The post-independent era of Eritrea with the prevailing peace became conducive to undertake the present geo-archaeological explorations in different environmental zones such as the Eastern Rift and the Danakil Depression, the central highlands and the western and southwestern lowlands. The explorations made in the Buyya region in Eritrea during 2002, provided rich collections of cultural artifacts including stone tools that marks technically improved the workmanship in tool making. A pastoral rock art examined at Adi Keih depicted the human figures with weapons like spears, shields and arrows, and a few hump-less cattle. The evidences obtained in this study suggest that the cultural ecology of various primitive communities of Eritrea existing today such as Kunama, Nara, Rashaida, Afar, Saho, Bilen, Hidareb, Tigre and Tigrinya can be understandable from the varied cultural paradigms developed over a period of time in response to the then prevailed local environment. Thus, this study adds more evidences to the understandings of early human colonization in relation to the cultural artifacts.

The results of o linguistic studies suggest that Taiwan is the origin of Austronesian languages. Therefore Formosan aboriginal culture items such as, artifacts, clothesings and paintings are all invaluable cultural heritages. For this reason, how to use information technology to help preserve, glorify and revitalize the culture of our aboriginal ancestors deserves great attention. The traditional Formosan cultural heriages in traditioanl villages are phasing out due tio chnages of the living styles and threats from outside.. Digital archives is an important project that every country is currently eagerly implementing. Through the digital archiving project, cultural artifacts can be better preserved and promoted. It also can allow the ‘refined culture’ to be made more accessible to the general public and provide additional value for application in various industries. In this paper, we use the Content Management System to construct Open Source coding to build a digital archive museum. In our digital museum, we define the artifacts by their appropriate metadata and use Topic Maps to connect all the contents to form a comprehensive knowledge bank. In addition, to conduct one-way information provision and two-way information communication with users, a range of ‘Web 2.0’ elements including RSS feeds, tag clouds, communities, Wiki and many other technologies are employed in the knowledge management platform to provide the additional features of user interaction such as knowledge sharing and the promotion of joint creation. This research illustrates the practical implementation of digital archives using the example of aboriginal artifacts of the Atayal aborigines in the Tai-an Township area of Miaoli County. The digital collection includes the everyday essential tools used by the Atayal aborigines, their traditional arts and crafts, and specialty arts. The objective for our research is for developing an integrating tool for educational purpose. Therefore, school teachers and students can share and effectively apply the resources from the research findings. Another objective is to revitalize and commercialize the cultural industry by using the content of the digital archive website as the basis for joining forces with professional talents and teachers to achieve maximum creativity and create digital learning products that provide applicability, practicality and creativity.

The necessity of transitioning to net zero economies is widely recognised by the wider scientific (including social science) community, policymakers, business and the wider public. In response to advice from the Committee on Climate Change (CCC, 2019), the UK Government has set a target for a net zero carbon economy by 2050, with the Scottish Government having lined up with an earlier 2045 target (given Scotland’s resource base and capacity for more rapid decarbonisation). Meeting these commitments requires that different departments of the government can effectively work both with each other, and the wider industry, public and research communities, to determine how best to achieve this transition, securing opportunities for economic and societal gain while minimising any potential negative impacts. This raises a particular challenge in that the required research and knowledge base to support the net zero transition cuts across many disciplines and a diversity of expert and stakeholder communities, where multiple technical ‘languages’ are used, and different perspectives taken in setting and addressing questions. Thus, there is an urgent need to establish common frameworks and languages in setting and addressing the multitude of research requirements in an integrated and informative way. In this brief we consider what such a framework may look like if we take one of the key net zero challenges to be understanding the policy, political economy and societal consequences of any net zero action or ‘pathway’ to be. Here we present a ‘first draft’ of our ‘Net Zero Principles Framework’, with the aim of opening a dialogue across research, policy and industry communities to enable further co-creation.

Despite progress with the food-associated health agenda in the public health and clinical domains, much remains to be done in Indonesia. There are reasons to be optimistic which include economic development, increasing literacy, progress towards universal health coverage and community organizational arrangements across the archipelago which focus on health through some 10,000 puskesmas. These community health centres are variably staffed with voluntary cadres from the community, bidans (nurses) and general medical practitioners. For more effective prevention and management of nutritionally-related health problems, innovative community and clinical nutrition research and expertise is required. With rapid urbanisation, the growth of the digital economy, increasing socio-economic inequity and climate change, there are imperatives for ecologically sustainable, nonemployment dependent livelihoods which provide energy, food, water, education and health care security. A relevant health care workforce will include those who research and practice clinical nutrition. Here we gather together an account of an extensive body of published and emerging literature which makes a case collectively for a more ecological approach to nutrition and health and how it might revitalise the Indonesian and other health care systems.