Word: harmfulness
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Affirmative action is seen as acceptable, even desirable, but only so long as it does not harm a single hair on a single white male head. Given the sweeping, long-term effects of past discrimination affirmative action under such strictures would be tantamount to no affirmative action at all, If our society is so shortsighted as to be unwilling to undergo limited short-term departures from absolute "equal treatment" for even so important a goal as racial and sexual equality, then social justice for all-but-the-most powerful does not stand much of a chance in this country...
...then, does the majority not have the right to establish, through its Government, a religious character for the country? In most cases no harm is intended. Read the tepid nonsectarian prayer that led to the 1962 decision, and you wonder what all the breast beating was about: "Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country." Similarly, how could plaster-of-paris figures in Pawtucket, R.I., have alarmed anybody but the A.C.L.U., which brought the suit...
...real chance or whether they were funded to the extent required or whether other Federal programs such as highway construction and tax benefits for homeowners undercut their effectiveness. The truth is that none worked the magic its advocates had predicted. In some cases (urban renewal, for example) more harm than good may have been achieved. In others management proved a real problem. In still others, well-publicized abuses particularly rip--offs of poverty and housing programs, damaged the programs credibility. In others the unintended consequences of well-intended initiatives produced new problems...
...Blackmun and the three other judges pass roughly over their notions of "unproductive use" and potential harm "to the market for or the value of the copyrighted work." At the very least, the reproduction used by teachers and scholars may be useful for showing examples of television shows in a television criticism class for scholarship, teaching or research as defined by the copyright act itself. Whatever the original fears of Disney and Universal over the uses of Betamax, the remaining 90 percent or more of the industry has yet to express any legal challenge...
Just what market harm is at stake? Blackmun suggests that writers and producers may lose some of their constitutionally-sanctioned incentive to create if VCR use goes unfettered. But the concerns over reproduction of the tapes center largely around fears of top producers--how many people outside of lowa would bother to tape the morning farm report on the local news? Given the multimillion that many of these top producers make, it can hardly be that Larry Hagman of al. will ditch Dallas because some people might pass over the commercials or skip the rerun syndication because the tapes...