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SSRN developed the Anthropology & Archaeology Research Network with support from the American Anthropological Association (AAA). Founded in 1902, the AAA is the world's largest professional and scholarly society of anthropologists. AAA publishes 23 journals and a member magazine, supports professional development, and hosts several meetings and conferences each year to promote knowledge exchange and its use to solve human problems. Visit americananthro.org for additional information about the organization.


Table of Contents

Rising Powers and the Provision of Transnational Public Goods: Conceptual Considerations and Features of South Africa As a Case Study

Stephan Klingebiel, German Development Institute, Stanford University, University of Marburg

The Foundation Stones for a Private Pension Fund in Bangladesh

Md. Shamim Alam, University of Canberra
Geoffrey Andrew Nicoll, University of Canberra

People Smuggling in Indonesia: Complexities, (Mis)Conceptions and Their Consequences for Sentencing

Antje Missbach, Monash University

The Role of Behavioral Economics and Social Nudges in Sustainable Travel Behavior

William Riggs, University of San Francisco - School of Management, California State Polytechnic University, San Luis Obispo, San Jose State University

The Effects of Gender Composition and Fertility on Mothers’ Marital Status and Labor Supply: Using Twin Births As a Natural Experiment

Zhengjia Sun, Shenzhen University

Hybrid Transactions and the Internet of Things: Goods, Services, or Software?

Stacy-Ann Elvy, New York Law School

Towards the Successful Deployment of 5G in Europe: Two Contrasting Scenarios

Wolter Lemstra, Nyenrode Business University, Delft University of Technology - Faculty of Technology, Policy and Management

The Money Went to the Greeks: €600 Billion Subsidy of Hellenic State Largesse

Pablo Triana, ESADE Business School

Shadow Banking and Regional Coordination in Asia: Risks, Challenges and Benefits

Andrew Godwin, Melbourne Law School
Ian Ramsay, Melbourne Law School - University of Melbourne
Drossos Stamboulakis, USC Law School - University of the Sunshine Coast, Melbourne Law School - University of Melbourne

Building the Cohesion of Workers: Comparative Analysis of Commercial and State Organizations in Russia

Mariia V. Rubtcova, St. Petersburg University of Cinema and Television
Maria Andreeva, Saint Petersburg State University

Disavowal Disputes: An Indemnification Solution to Unmerited VARA Claims

Sinclaire Devereux Marber, Journal of Law & the Arts

A Decade Later and Still on Target: Revisiting the 2006 Israeli Targeted Killing Decision

Tamar Meshel, University of Toronto Faculty of Law


CULTURAL ANTHROPOLOGY eJOURNAL

"Rising Powers and the Provision of Transnational Public Goods: Conceptual Considerations and Features of South Africa As a Case Study" Free Download

STEPHAN KLINGEBIEL, German Development Institute, Stanford University, University of Marburg
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The paper delineates three debates, which will be conflated: One line of discussion relates to public goods at transnational level. Here, the referencing of debates regarding the characteristics of “a common good? will be of significance. A second strand addresses the group of countries known as the ‘rising powers’ and the role these countries could play as regards a globalised common good. A third discussion thread analyses South Africa as a case study for the main rising power on the African continent. By creating connections between the lines of discussion, this paper drive forward the debates on how the role of rising powers can be conceptually repositioned in the light of a changing global context, and to explore how these countries can respond to global challenges.

"The Foundation Stones for a Private Pension Fund in Bangladesh" Free Download
Australian Journal of Asian Law, Vol. 17, No. 2, article 5, 2016

MD. SHAMIM ALAM, University of Canberra
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GEOFFREY ANDREW NICOLL, University of Canberra
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The current government of the People’s Republic of Bangladesh, led by the Prime Minister Sheikh Hassina, is committed to introducing a pension scheme for the privately employed citizens of Bangladesh by 2018. This private scheme will seek to reinforce and extend the present coverage of the Provident Fund for government employees and the age pension within the government’s social security programs. Drawing on the experience of countries such as Chile, Singapore and India, the authors note the scope for mandatory contributions to a private fund in Bangladesh from high profile export growth sectors, such as garments. They suggest that a fund that is government-controlled, centrally managed and professionally invested, similar to the model presented by the Indian National Pension Scheme (NPS), might provide a valuable starting point. The Indian experience however suggests the need for a deeper understanding of the objectives and benefits of the privately funded scheme and more targeted education of industry participants. Given the government’s wish to prioritise benefits for particular industry sectors and social groups in Bangladesh, the authors suggest that the Bangladesh government consider a hybrid model, beginning with the centralised management and investment of the fund but developing participation in the fund incrementally, industry by industry, to achieve the best possible coverage.

"People Smuggling in Indonesia: Complexities, (Mis)Conceptions and Their Consequences for Sentencing" Free Download
Australian Journal of Asian Law, Vol. 17, No. 2, article 3, 2016

ANTJE MISSBACH, Monash University
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This article examines how people smugglers have been punished since smuggling was declared a criminal offence in Indonesia in May 2011. A sample of 99 people-smuggling cases heard by Indonesian courts between May 2011 and October 2015, reveals the socio-economic profiles of offenders, including age, gender, citizenship, origin, religion, previous employment, and role in people-smuggling operations. The dataset also provides information about the criminal charges accused people smugglers have faced and the severity of penalties handed down by the courts. Based on this accumulated empirical data, this article offers insights into recurring patterns in people-smuggling operations in Indonesia. It finds sentenced offenders play only minor roles in their respective people-smuggling operations and are, therefore, easily replaced; and the prosecution and sentencing of people smugglers have so far done little to inhibit people smuggling in Indonesia. On the contrary, the people-smuggling networks have not only been resilient enough to resist law enforcement measures currently in place but are also flexible enough to adapt to externally controlled variations, such as fluctuation in numbers of asylum seekers seeking irregular passages. Although people smugglers may have scaled down their operations, this cannot be interpreted as their defeat in Indonesia.

"The Role of Behavioral Economics and Social Nudges in Sustainable Travel Behavior" Free Download

WILLIAM RIGGS, University of San Francisco - School of Management, California State Polytechnic University, San Luis Obispo, San Jose State University
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Increasingly city planners, policymakers and academics have recognized the important role behavior plays in travel decisions. A large body of work now recognizes modal choice as a suite of options that may be tied to habit but also that fluctuate based on built environment factors, personal preferences and situational dynamics. Literature also now indicates that humans may irrational decisions based on the apparent certainty of a plan of travel or overly optimistic approach to their travel decisions. This paper explores the literature on travel, behavioral economics, mode substitution behavior and financial versus social norms. It discusses the results from three behavioral experiments that indicate the power that social nudges have in framing sustainable travel behavior. This has policy implications for how planners and policymakers approach sustainable travel options, incentives and programs aimed at reducing emissions and increasing physical activity.

"The Effects of Gender Composition and Fertility on Mothers’ Marital Status and Labor Supply: Using Twin Births As a Natural Experiment" Free Download

ZHENGJIA SUN, Shenzhen University
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I employ the twin-first methodology to analyze the exogenous relationship between fertility, gender composition, and mothers’ marital status and labor supply. The regressions are based on the combination of genders and fertility in the first birth. The results show that white mothers with first birth as single boy are more likely to be involved in marriage than those with single girl. Comparing with non-twin mothers, holding the same gender, twin mothers have lower probabilities of marital dissolution, and they are less likely to participate in the labor market when the children were under 6. There is no impact of gender composition on mothers’ labor supply. Among twin mothers, there is no significant impact of gender composition on either mothers’ marriage stability or labor supply. For black mothers, neither the gender composition, nor birth of twins has impact on mothers’ marriage stability and labor supply.

"Hybrid Transactions and the Internet of Things: Goods, Services, or Software?" Free Download
74 Washington and Lee Law Review 77 (2017)

STACY-ANN ELVY, New York Law School
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The Internet of Things (IOT) has been described by the American Bar Association as "one of the fastest emerging," potentially most "transformative and disruptive technological developments" in recent years. The security risks posed by the IOT are immense and Article 2 of the UCC should play a central role in determinations regarding liability for vulnerable IOT products. However, the lack of explicit clarity in the UCC on how to evaluate Article 2's applicability to hybrid transactions that involve the provision of goods, services, and software has led to conflicting case law on this issue, which contradicts the UCC's stated goals of uniformity and simplicity. The Article contends that the existing approaches used to evaluate whether Article 2 applies to a hybrid transaction are inadequate for assessing IOT contracts and that IOT technology will increase the complexity and frequency of existing hybrid transactions. Ultimately, the Article proposes and evaluates four solutions for determining whether Article 2 should apply to IOT transactions to provide uniformity, simplicity, and clarity in this area. The Article argues that a functionality approach is preferable as it effectively considers the unique manner in which services and software are provided in connection with the sale of IOT devices. Under the functionality test, hybrid transactions involving goods, software, and services are subject to Article 2 where the services and software advertised by the manufacturer and retailer are integral to the device's operations.

"Towards the Successful Deployment of 5G in Europe: Two Contrasting Scenarios" Free Download

WOLTER LEMSTRA, Nyenrode Business University, Delft University of Technology - Faculty of Technology, Policy and Management
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European policy makers have shown a keen interest in the success of 5G because ubiquitous and high capacity electronic communication infrastructure is recognized as a cornerstone of economic development and productivity growth. The second generation, GSM, is considered the leading example, reaching its peak in deployment in 2015 with 3.83 billion subscribers served through over 700 operators in 219 countries and territories.

With 5G rapidly shaping up in the R&D and standardization environment, what are the lessons to be learned from 1G through 4G that should be taken into account to ensure a leadership role? What does 5G have in common with previous generations and where is it different? Is the path towards the future predetermined or are there alternative routes? When there are multiple futures with different outcomes which one is more desirable? In summary, what would be the policy and regulatory framework required to enable leadership with 5G in Europe?

To respond to these questions this contribution identifies first the policy and regulatory lessons to be drawn from the success of GSM. Secondly, this contribution describes two stylized images of possible futures of 5G, ‘Evolution’ and ‘Revolution’. These reflect two extremes in terms of possible futures of 5G. ‘Evolution’ follows the pattern of previous generations and current trends. ‘Revolution’ represents a clear break with these trends and a path towards leadership with 5G, as it exploits the opportunities of standardized APIs for service creation, being enabled by network virtualization as an architectural foundation of 5G. These open APIs allow the market entry of a multitude of virtual mobile network operators (VMNOs) serving particular industry verticals or economic sectors with tailored feature sets and qualities of services.

"The Money Went to the Greeks: €600 Billion Subsidy of Hellenic State Largesse" Free Download

PABLO TRIANA, ESADE Business School
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Critics loudly complain that few if any of the €260 billion so far lent to Greece as part of the infamous bailouts that began in mid-2010 have directly benefited the Greek people. Nothing could be further from the truth. Not only is avoiding a historic sovereign default and the insolvency of the local banking industry of obvious benefit to the whole population, but direct non-debt-related government spending was much higher than otherwise. Without the bailouts Greece would have most likely defaulted and exited the Eurozone, so every Euro in government revenue during that period was possible thanks to, and only thanks to, the bailouts. €530 billion in total revenues for 2010-2015 plus €48 in accumulated primary surplus yields €578 billion in non-debt-related state spending that took place because of the bailouts and that would not have taken place otherwise. Absent the bailouts, and following default and Grexit, the Greek government would not have been able to raise Euro-denominated revenue and its Euro-denominated spending would have been nil. While Greece may have theoretically remained in the Eurozone in the absence of bailouts, by trying to repay its outstanding debts entirely through internal resources (and thus avoiding the default that would stop the flow of Euros from the ECB to the banks and into the country), the resulting collapse of government spending would have been enormous, even under optimistic assumptions. Likely too large to be feasible, with Greece almost certainly having chosen to depart the Eurozone rather than live in it under such reduced state presence. The conclusion is that €578 billion would seem the most appropriate number: this is how much more the Greek public sector was able to spend directly on salaries, pensions, subsidies, and social benefits thanks to the bailouts. Once we add the fact that a lot of the €200 billion or so in bailout money allocated to debt repayments have gone to Greek institutions and individuals we further realize that the €260 billion “for greedy French and German speculators? was really a €790 billion rescue of the Greeks. Talk about avoiding, not creating, austerity!

"Shadow Banking and Regional Coordination in Asia: Risks, Challenges and Benefits" Free Download
Australian Journal of Asian Law, Vol. 17, No. 2, article 4, 2016

ANDREW GODWIN, Melbourne Law School
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IAN RAMSAY, Melbourne Law School - University of Melbourne
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DROSSOS STAMBOULAKIS, USC Law School - University of the Sunshine Coast, Melbourne Law School - University of Melbourne
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Concerns arising out of the systemic risks associated with ‘shadow banking’ are inherently global in nature as a result of the interconnectedness of shadow banking activities across different jurisdictions and markets. Yet, despite ongoing efforts, it remains very difficult to achieve global coordination in the regulation and supervision of shadow banking. This paper examines the efforts that have been made, and the challenges that have been encountered, in achieving a coordinated response to shadow banking in Asia. The paper first provides an overview of shadow banking and the risks associated with it, canvassing some key responses proposed or taken with respect to shadow banking, including the work of the Financial Stability Board and the approaches in the European Union and the United States. It then focuses on the specific needs and risks inherent in the Asian region. The paper concludes by putting forward the case for a greater degree of regional coordination and makes a range of general and specific policy recommendations for this purpose, including the use of an existing regional body to drive coordination efforts and proposals.

"Building the Cohesion of Workers: Comparative Analysis of Commercial and State Organizations in Russia" 
2nd Annual Experts Meeting on Depression, Anxiety and Stress Management 2016 was held in Barcelona, Spain on November 7-8, 2016.

MARIIA V. RUBTCOVA, St. Petersburg University of Cinema and Television
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MARIA ANDREEVA, Saint Petersburg State University
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This paper presents the sociological analysis of cohesion level of workers in Russian organizations. The current research was carried out in 2016 in Russia (St. Petersburg and Lipetsk). The methodology is a case-oriented study with multimodal methods: questionnaire survey and quantitative visual analysis of photos. The research was conducted according to the conception of common cultural capital that forms the cohesion of workers. Results indicated the level of cohesion in different professional groups that belonged to the organizations of different pattern of ownership. Particularly, the research was conducted in state and commercial companies.

"Disavowal Disputes: An Indemnification Solution to Unmerited VARA Claims" 

SINCLAIRE DEVEREUX MARBER, Journal of Law & the Arts
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The idiosyncratic behavior of American artist Cady Noland (b. 1956) would have likely remained art-world gossip had she not become embroiled in two recent lawsuits. To date, Noland has publicly renounced authorship of two works that she created in 1990. Such action potentially reduces the value of the art and causes legal disputes that have cost collectors, galleries, and auction houses hundreds of thousands of dollars. Noland justifies each disavowal with the moral rights law contained in the Visual Artists Rights Act of 1990 (“VARA?). Moral rights ostensibly ensure a creator maintains some control over the attribution and integrity of her work even after relinquishing economic rights. Under VARA, living artists may disavow art no longer in their physical possession if the art has been so modified as to become prejudicial to their reputations (excepting changes caused by aging or conservation). In both cases, Noland’s VARA claims went legally unchallenged, even though the “modifications? in question likely fall outside the intended scope of the law. No one has sued an artist for improperly invoking VARA. Even if a party were to sue Noland for using VARA improperly, successfully obtaining an injunction forcing her to legally affirm authorship of a work probably could not correct the market damage caused by her public disavowals. No matter the conclusion of a court, collectors are unlikely to invest millions of dollars in art unsupported by its artist. Therefore, there must be some recourse for the market participants affected by Noland’s apparent improper invocation of VARA. Unfortunately, the law has not yet addressed such situations. This Note describes the history of moral rights in the United States (Part I), the lawsuits Noland instigates by disavowing her art (Part II), and proposes an indemnification solution to unmerited VARA claims utilizing the more rigorous French moral rights scheme as a foundation (Part III).

"A Decade Later and Still on Target: Revisiting the 2006 Israeli Targeted Killing Decision" 
Journal of International Humanitarian Legal Studies, Volume 7, Issue 1, pages 88-128 (2016)

TAMAR MESHEL, University of Toronto Faculty of Law
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The increasing use by States of extraterritorial targeted killing as a counter-terrorism tool in recent years has given rise to controversial questions concerning its legality under international law. This article first explores the international legal regimes purporting to govern State-sponsored targeted killing and evaluates their ability to effectively regulate it. It then focuses on the use of targeted killing by States against members of non-State terror groups in an international armed conflict. In this regard, the article revisits the 2006 landmark decision of the Israeli Supreme Court in the Targeted Killing case and evaluates its influence and legacy over the past decade. It argues that this decision remains relevant and instructive since it exposes some of the lingering weaknesses of international law in governing the use of targeted killing as a counter-terrorism tool, while at the same time demonstrating how such weaknesses may be overcome within the existing international legal framework. The impact of the decision in this regard is clearly evident in the evolution of Israel’s targeted killing practice over the past decade.

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About this eJournal

Supported by: American Anthropological Association (AAA)

This eJournal distributes working and accepted paper abstracts of cultural anthropological studies. Please note that several cultural anthropology topics are indexed in separate eJournals, including applied and practicing anthropology, urban and transnational anthropology, medical anthropology, environmental anthropology, psychological anthropology, anthropology of agriculture and nutrition, anthropology of education, anthropology of religion, and culture area studies. The topics in this eJournal include: The History of Cultural Anthropology; Methods & Ethics in Cultural Anthropology; History & Ethnohistory; Race, Ethnicity, & Indigenous People; Visual Anthropology, Media Studies, & Performance; Economic Anthropology; Political Anthropology & Legal Anthropology; Kinship, Gender, the Body & Sexuality; Violence: War, Crime & Peace; Human Borders: Animals, Science & Technology, & Material Culture; Theory; Negative Results - Cultural Anthropology. Please note that several cultural anthropology topics are indexed in separate eJournals, including applied and practicing anthropology, urban and transnational anthropology, medical anthropology, environmental anthropology, psychological anthropology, anthropology of agriculture and nutrition, anthropology of education, anthropology of religion, political anthropology, legal anthropology and culture area studies.

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