bluuebunny/crossref_metadata_2025 huggingface dataset:
Assessment
Authors: Snodgrass Jennifer
Published: June 2020

Assessment is a vital part of the undergraduate experience, but there are more ways to be effective in gathering data on learning outcomes than just the traditional pencil-and-paper test. Assessment for the undergraduate music major begins well before the student arrives on the college campus in the form of auditions and performance juries. In many cases, this performance assessment begins at an early age. From placement exams to timed quizzes to final exams, college students are bombarded with assignments and tests. There are a multitude of other ways in which to gather information about student understanding, including low-stakes assessments, technology-based gaming, creative and collaborative projects, and even self-assessment. Standards-based grading also helps to shift the focus away from grades to a focus on mastering a set of level skills, which, in turn, gives students more ownership of their learning experiences and less anxiety than with traditional assessment methods.
Empower the Undergraduate
Authors: Snodgrass Jennifer
Published: June 2020

Empowering all undergraduate music majors to go outside of their comfort zone with activities such as research and self-discovery will only help to sustain the field of music theory with strong, competent, thoughtful leaders. Today’s undergraduate students are motivated by a multitude of factors, including peers, effective classroom environments, parents, faculty, and knowing that what they are learning is applicable to a future career in music. Effective instructors motivate by teaching all students how to apply their academic studies to everyday musical experiences and seek to understand how they can evolve as the landscape of musical careers changes. These instructors continually share their musical excitement with their classes and challenge students to ask questions and become independent thinkers. Opportunities such as undergraduate research, teaching opportunities on the undergraduate level, and independent mentoring play a pivotal role in the undergraduate student’s journey.
Taking the First Steps into Academia
Authors: Snodgrass Jennifer
Published: June 2020

The learning curve is quite large when moving from the role of a graduate student to the role of a faculty member in academia. Preparation to move into full-time academia begins during one’s time in graduate school, and factors such as finding the right adviser and taking advantage of opportunities in research and teaching are imperative for success. Understanding the first steps in academia helps new PhD students not only to find the right position by creating a curriculum vitae and attending conferences, but also to the importance of surrounding oneself with a supportive network of scholars. A supportive environment embraces questions and celebrates both the successes and the learning opportunities that come from challenges that new faculty may face.
The Rise of the Trio
Authors: Friedwald Will
Published: June 2020

This chapter looks at the musical output of the King Cole Trio in the peak years of 1943 to 1946 and breaks down the different kinds of songs they favored. Although they were first famous for jivey novelty songs like “Straighten Up and Fly Right,” they also played a large number of classic songs from what would later be called the Great American Songbook, and even at the beginning, Nat was featuring more and more ballads in the Trio’s musical makeup. Also, he was cultivating a network of songwriters who were giving him first crack at their wares. By the end of the war, Nat King Cole had risen as high as any African American artist ever had before him, and yet it was only the beginning.
Entr’acte
Authors: Friedwald Will
Published: June 2020

In spring 1948, Capitol Records finally releases “Nature Boy” (at the time of Cole’s marriage to his second wife, Maria Hawkins Ellington). The song is a blockbuster, remaining #1 on the pop charts for almost two months and pushing Nat into a more popular direction. This is also when he introduces a whole new Trio—with guitar (Irving Ashby), bass (Joe Comfort), and percussion (conga and bongo player Jack Costanzo)—now called “Nat King Cole and His Trio.” The new group’s entirely different sound lets Cole explore modern jazz and Afro-Latin music. Cole is also experimenting with the transition from jazz pianist to popular vocalist. From 1949 to 1952, Cole makes about forty titles with his first full-time musical director, arranger, and conductor, Pete Rugolo. The chapter ends with Nat’s first venture outside of America, a brief tour of the UK and Scandinavia that also opened up the floodgates for things to come.
Rebirth and Redeath
Authors: Bommarito Nicolas
Published: June 2020

This chapter discusses the cycle of birth and death in Buddhism. It is important to distinguish rebirth from reincarnation. Reincarnation is the transfer of a soul from body to body. Rebirth, on the other hand, is a cycle of many births and deaths, without any soul linking them. It is commonly called rebirth but it could equally well be redeath since each lifetime involves both a birth and a death. In many traditional forms of Buddhism, this cycle of rebirth and redeath includes supernatural being and places. Many traditional Buddhists think of these places and beings as real. In fact, this is central to many traditional statements of the central problem Buddhism aims to solve; these different kinds of lives all make up what is called samsara. Beings are constantly being born and dying in these different realms, over and over and over. On this traditional understanding, Buddhism solves the problem by ending this cycle of birth and death. The solution, sometimes called nirvana, is about getting out of the cycle.
Getting Ready
Authors: Bommarito Nicolas
Published: June 2020

This chapter argues that, as when starting anything new, it is a good idea to spend some time getting ready in Buddhist practice. It is important to be careful of certain dangers: Developing bad habits early on will make things more difficult later on. Indeed, starting off well gives the best chances for making progress. Some Buddhists think that seeing reality clearly can happen suddenly, in a flash of insight. Other Buddhists have denied this. For them, seeing reality as it really is comes only after long and hard training. Whatever the speed of realization, it is important to practice regularly. Buddhism has a wide range of what are often called preliminary practices. These preliminary practices play an important role: They demonstrate and develop an intention to understand the world and act accordingly. Another common early step involves finding a teacher.
Introduction: Sources and Theory
Authors: Overtoom Nikolaus Leo
Published: June 2020

This chapter discusses the neglect of the Parthians in the ancient sources and in modern historiography, while introducing the application of international relations theory to help provide a fuller appreciation of the geopolitical developments of the Parthian state and to help overcome some of the limitations of our sources. Although the Parthians are a part of the long tradition of strong Middle Eastern empires and the Hellenistic world created by the conquests of Alexander the Great, no other major world empire has been more overshadowed, misunderstood, or ignored. There have been relatively few comprehensive studies of the formation, growth, and international relations of the Parthian state. Most studies of this sort are either outdated, cursory, or, in the case of numerous recent attempts, of limited or questionable academic merit. No account of the Parthians’ history survives from their perspective. In reconstructing Parthian history, we must maneuver through Greek and Roman literary sources that dominate the narrative and often treat the Parthians hostilely or cursorily and mostly from a foreign perspective, and therefore, recent work in archaeology and numismatics is invaluable to the historical reconstruction of the Hellenistic Middle East. With the sometimes severe limitations of our available sources in mind, the potential insights that the theoretical framework of modern international relations theory, especially Realist Theory, offers to the study of Parthian political history are quite exciting, and this study is the first comprehensive attempt to apply modern international relations theory to the interpretation of Parthian expansionism and interactions with neighboring states.
The Empire Strikes Back
Authors: Overtoom Nikolaus Leo
Published: June 2020

This chapter investigates the initial failure of the Seleucids in their attempt to reclaim the lost lands of the east. It discusses the failed eastern expedition of Seleucus II; however, its focus is the sudden renewal of Seleucid power under the determined ruler, Antiochus III, who desired to reestablish Seleucid hegemony over the Iranian plateau. Under Antiochus, the Seleucids retaliated against the recent efforts of the Parthians and Bactrians to establish strong independent kingdoms. His campaign throughout the Middle East in the 200s was the greatest since Alexander the Great. Antiochus took advantage of Parthian and Bactrian disorganization, reclaiming much of Parthia and establishing the new king of the Parthians, Arsaces II, as his subordinate allied ruler. This campaign in many ways stunted the growth of the Parthian state for decades; however, Antiochus did not destroy the Arsacids entirely, which allowed them eventually to reassert their power in the region.
Introduction
Authors: Michael Arnold
Published: June 2020

The introduction opens by examining the complications associated with the phrases “digital domesticity” and “household media ecologies.” It then provides an overview of the various projects undertaken by the authors that inform the arguments of the book. The introduction situates the fifteen years of research presented in the book on a broader historical canvas of media throughout the twentieth and into the twenty-first centuries in the Anglophone world, and it presents a concise introduction to scholarship mapping the relationship between our domestic lives and our technologies. Finally, the introduction provides an overview of the general terrain of the book as a whole and summarizes each chapter.
Ecologies
Authors: Michael Arnold
Published: June 2020

This chapter details the authors’ theoretical approach to understanding materiality and media of the home. It presents a framework for considering how technologies do not simply serve social uses or express social values but have a presence and performativity and interact with one another and with householders, and how they are embedded within the infrastructures of the home and daily life. This chapter explicitly builds on prior work in the field of media domestication and extends it through critical analysis of media ecologies. The authors describe their novel fieldwork approaches used to conceptually explore the “thingness” of the things that mediate the physical and spatial aspects of communications technologies in the ecology of the home.
Negotiations
Authors: Michael Arnold
Published: June 2020

This chapter examines the various ways digital media technologies and devices are embedded and embodied in the everyday activities of parents and children working, playing, educating, socializing, and entertaining in the home. Through this century, we have visited many families and have talked with them about their experiences and their parenting strategies in the face of new technologies. In this chapter, we identify the major strategies and stances and contextualize their nuances and subtleties vis-à-vis the particulars of the family relationships. We also place our findings in the context of the literature on families and technology use, relating the particularities of the vignettes to observations derived from quantitative and larger-scale studies.
Non-uses
Authors: Michael Arnold
Published: June 2020

This chapter explores how, just as domestic media ecologies are clearly shaped by the household denizens who interact with the technologies within these ecologies, they are also, and significantly, shaped by varied modes of not using technologies. This issue of non-use of domestic media technologies has traditionally been treated as a question of inequality and exclusion, measured in terms of a household’s access to a range of resources—financial, technical, social, and human—and has been addressed as a problem of scarcity or deficit to be overcome. There is, however, a growing body of research literature attending to the not inconsiderable volume and variation of disaffected or discriminating “non-use” emerging in places of technology abundance, to which this chapter contributes.
Conclusion
Authors: Michael Arnold
Published: June 2020

The conclusion returns to the book’s key concerns and themes: the particular, the contextual, and the messiness of household media ecologies, as demonstrated through the various stages of technology appropriation, maintenance, negotiation, non-use, and displacement that have unfolded and mutated in the early years of the twenty-first century. It considers the broad range of ways in which people embrace digital media in their daily domestic lives; reflects on the ongoing changes in domestic media and communication technologies, platforms, and infrastructures; and addresses the broader implications of digital media materialities for contemporary household relations, economics, and environments.
For
Authors: Meisels Tamar
Published: June 2020

This chapter opens the debate with Meisels’ defense of targeted killing as a legitimate and desirable defensive anti-terrorism strategy, in keeping with both just war theory and international law. Meisels’ unequivocal starting point regarding counter-terrorism is that a state of continuous armed struggle exists between states and various terrorist organizations and their affiliates. Meisels unreservedly defends the named killing of irregular combatants, most notably terrorists, in the course of armed conflict, distinguishing sharply between this wartime practice and the related illicit practice of political assassination. Later in this chapter, the author offers a possible moral justification for rare instances of assassination outside that framework, specifically with reference to recent cases of nuclear scientists developing weapons of mass destruction for the Iranian and Syrian governments.
Reply to Professor Meisels
Authors: Waldron Jeremy
Published: June 2020

Waldron’s reply focuses on several difficulties in the account given by Meisels, mostly concerning arguments raised against targeted killing to which a proper response has not been given. The first such argument is the element of manhunting that targeted killing involves—an element that distinguishes it sharply from ordinary combat. One must also consider the role of intelligence operatives, in these killings, as opposed to soldiers. Secondly, Waldron insists again on the importance of the problem of possible abuse of this practice, particularly given the tendency to use the word “terrorist” to describe any insurgent or opponent. Thirdly, Waldron considers problems of effectiveness. And fourthly, he addresses some of the specific issues about the assassination of nuclear scientists raised in the account given by Professor Meisels.
A Model of Conflict and Constraint
Authors: Conrad Courtenay R. , Ritter Emily Hencken
Published: June 2020

This chapterdescribes a model of conflict between dissidents and the government under some potential for domestic legal consequences for rights violations. Governments decide whether to obligate themselves to international law in expectation of domestic conflicts over policy and the potentiality of dissent and the motive to repress. This chapter explains the scholarship underpinning the formal model and the logic that produces the insights of the following chapter. How does the leader balance the increased probability of paying costs associated with HRTs against the incentives to repress citizens who might challenge policies? Does the population respond differently to leaders who have adopted HRTs than those who have not committed themselves under international law? Under what conditions do human rights treaties alter the conflict behaviors of these actors?
Analyzing the Effect of Treaties on Repression and Dissent
Authors: Conrad Courtenay R. , Ritter Emily Hencken
Published: June 2020

This chapter shifts from a theoretical understanding of the relationships between institutions and political behavior to an empirical one, using observed data to empirically examine the implications of our theory. It begins with a theory of measurement, translating the theoretical concepts into measures that are observable and quantifiable. It then discusses what the structural assumptions of the theoretical model imply for an empirical approach to assess the hypotheses. The empirical strategy is oriented around answering a simple question that is unanswerable without the tools of social science: How would government repression and mobilized dissent activity differ if the same country could simultaneously obligate itself and fail to obligate itself under a human rights treaty?
Conclusion: Human Rights Treaties (Sometimes) Protect Rights
Authors: Conrad Courtenay R. , Ritter Emily Hencken
Published: June 2020

This chapter highlights the conclusions and contributions of theresearch: obligation to international law can constrain leaders from violating human rights-and encourage potential dissidents to revolt against their governments. The argument that human rights treaties "work" is contrary to the explanations of a wide variety of scholars who maintain that the international human rights regime has been an abject failure. Although scholars have found evidence that domestic institutions can lead to decreased repression, there has been little support for the argument that international institutions do so.In contrast, this book finds that-if international law creates even the smallest shift in assumptions over domestic consequences for repressive authorities-these effects can yield a substantively meaningful reduction in rights violations when leaders have significant stakes in domestic conflicts.
Astrobiology and Society
Authors: Dick Steven J.
Published: June 2020

This chapter traces the history of the search for life in the universe, from the ancient Greek atomists to the emergence of modern astrobiology. The idea of inhabited worlds dates back at least to the ancient Greeks and was rationally discussed as a part of natural philosophy, mainly in the context of cosmological worldviews. If cosmological worldviews gave birth to the idea of extraterrestrial life, then philosophy and literature, in their traditional role of examining the human condition, explored the ramifications of the idea borne of that cosmological context. Interest in astrobiology and society in its broadest sense dates back at least a quarter century to the days when NASA was planning its Search for Extraterrestrial Intelligence (SETI) program. Today, astrobiology is a thriving enterprise around the world and the societal aspects are becoming an integral part of it.
Dimensions of Life Definitions
Authors: Parke Emily C.
Published: June 2020

This chapter argues that the concept of “life” is used in several rather distinct ways: sometimes as an all-or-nothing phenomenon and other times as a matter of degree; sometimes referring to individual organisms and other times to communities; sometimes based on specific chemistries and other times on functions. In contrast to biologists in general, astrobiologists cannot take the status of their subject matter as living or nonliving for granted. There are at least two reasons to think astrobiologists need an understanding of what counts as life. The first is to set search criteria for finding “life as we don’t know it” in the universe. The second is to set success conditions conducive to agreement about when life has been found and when it has not. In addition to particular cases like the recent Mars finding by NASA, the meaning of “life” figures into a broader agenda in astrobiology: looking for biosignatures.
Rethinking Conceptual Intelligence and the Astrobiology Debate
Authors: Howard Jason J.
Published: June 2020

This chapter addresses the implications of people’s understanding of conceptual intelligence on extraterrestrial debates in astrobiology. In presupposing life, and by extension conceptual intelligence, is so fine-tuned as to be unique to this planet creates an equivocation that opens up scientific claims to ineradicable skepticism. It is one thing to be doubtful about whether life exists elsewhere, if that life is intelligent, or even if humans will ever find it. This is to be expected and healthy. However, it is quite another to assume that all expressions of intelligence on this planet are the direct product of natural processes unique to Earth. If all forms of intelligence are ultimately rooted in local expressions of biological utility, then the necessity and universality that anchors scientific explanations can be no more than complicated ways of registering people’s own interspecies agreement on things and thus of no help in critically investigating the larger structure of the natural universe with some measure of objectivity.
Myth-Free Space Advocacy Part IV
Authors: Schwartz James S.J.
Published: June 2020

This chapter addresses a sociological question that has largely been ignored: How much does the public care about life in space? It argues that there is no clear evidence of widespread support in the United States for the scientific search for extraterrestrial life. First, a comparison with U.S. views on evolution suggests that many religious individuals would be opposed to the search. Second, a comparison with U.S. views on space exploration suggests that a large majority of the public would be unwilling to support increased funding for the search. Finally, a review of existing surveys on the public's views about astrobiology suggests that little is known about how the public frames the search for extraterrestrial life. This makes it difficult to draw any decisive conclusions about the purported universal appeal of astrobiology.
Through-Composed Blues in C
Authors: Martin Henry
Published: June 2020

Chapter 5 examines Parker’s favored key for through-composed blues, C major. (A through-composed blues does not repeat riffs in the manner of a classic aab blues.) There are eleven such pieces, of which two were not recorded. They include several well-known works, but the most famous are probably “Relaxin’ at Camarillo,” “Cheryl,” and “Perhaps.” Despite being only twelve bars long and in the key of C, these pieces are surprisingly varied. They feature ingenious bebop lines (“Bongo Bop,” “Bongo Beep,” and “Perhaps”); unusual rhythms with odd melodic turns (“Relaxin’ at Camarillo” and “Cheryl”); motivic saturation (“Visa” and “Passport Blues”); and hints of traditional blues (“Back Home Blues” and “Cosmic Rays”). “Dum Dum” and “Bongo Bird” were not recorded and are of uncertain provenance.
32-Bar Compositions with A Section or Partial A Section
Authors: Martin Henry
Published: June 2020

Parker composed many works in which sections are designated by a chord progression only; the player was expected to improvise the melodic material, and these pieces are discussed in Chapter 7. For AABA compositions, for example, Parker might leave the B section open for improvisation. “Scrapple from the AppIe” is one such well-known work. In some cases, such as “Constellation,” much of the A section is improvisational as well. There are seventeen works with just an A section or partial A section, sixteen of them recorded, with one piece (“Ballade”) co-composed with Coleman Hawkins. Parker’s two contrapuntal pieces (“Chasin’ the Bird” and “Ah-Leu-Cha”) are among this group as well.
Summary and Assessment
Authors: Martin Henry
Published: June 2020

Chapter 10 pulls together information from the analytical chapters and provides a summary via a series of tables. These tables include the Parker contrafacts based on “Honeysuckle Rose” and rhythm changes; Parker’s works enumerated by category, key, contrafact, and primary line; Parker’s attitude toward revisions and adaptations; what tunes Parker liked to call on the bandstand; and what works might be excluded from a list of Parker compositions, if a more traditional understanding of composition is assumed. The chapter concludes with discussions of Parker’s tendencies toward quotation and self-quotation, his interest in twentieth-century concert music (an ambition he was unable to fulfill), and his overall compositional legacy.
Romantic Provenance
Authors: Smith Kenneth M.
Published: June 2020

The chapter considers how seventh chords, half-diminished chords, and diminished chords might fit into the book’s root–theoretical model of tonal function, grounded in the Romantic tradition of Schubert, Beethoven, and Chopin. The chapter works toward a full functional analysis of the Vorspiel and Liebestod from Tristan und Isolde. The phantasy involved in Isolde’s transfiguration is explored from a Lacanian perspective, leading to reflections on how phantasy works to support tonal function. An addition to the canon of analyses of Hugo Wolf’s “An den Schlaf” covers the theme of death, sleep, and the land of limbo in between, offering a corollary to Isolde’s desire for death. These themes weave their way into the outlined theory of harmonic function and offer a precursor to the psychodynamics to come.
The Thanatotic and the Tonnetz
Authors: Smith Kenneth M.
Published: June 2020

The chapter describes how the Andante from Josef Suk’s Asrael Symphony is a funeral march in all but name. It celebrates the lives of Suk’s teacher Dvořák and his wife Otilie, whose death during the work’s composition famously changed the projected optimistic tone. The various moods of this movement hang together because of a heavily asserted inner pedal of d♭, heard prominently in various instruments throughout. This pitch is never dissonant, and chords are constructed around it in such a way as to replicate a perfect hexagon on the common neo-Riemannian graphical Tonnetz. The associations of death with limited harmonic progression are aligned with Freud’s essay “Mourning and Melancholia.” The same compositional technique occurs in each of the five pieces from About Mother, Op. 28. The dual association held by this technique between maternal warmth and death leads to a critique of the basic Freudian death drive inspired by Lacan, Deleuze, and Lyotard. A flexible approach to the Tonnetz is adumbrated, which allows for the integration of tense tetrachords.
#NoFilter
Authors: Richardson Allissa V.
Published: June 2020

Chapter 8 highlights the horror associated with peering into the forbidden spaces of state-sponsored violence against black bodies. Many activists in the movement have experienced mysterious, untimely deaths, and suicides. Even distant African American witnesses have reported a reluctance to view smartphone videos of fatal police encounters anymore, citing severe trauma. This chapter complicates our discussion of black witnessing, therefore, to wrestle with the question of whether these videos have become like lynching postcards.
Trolls and Other Patent Inventions
Authors: Khan B. Zorina
Published: June 2020

The “patent controversy” of the twenty-first century reflects claims that patent institutions are in crisis, and new developments in technology markets require departures from traditional approaches to property rights. The historical record sheds light on the nature and validity of these assertions. Patterns over the course of two centuries regarding patent grants, litigation rates, and intermediaries or “nonpracticing entities” suggest that these features of the market for ideas are hardly anomalous. Indeed, they have always been characteristic of the disruptive technologies that propelled the United States toward global industrial leadership.
Inventing Prizes
Authors: Khan B. Zorina
Published: June 2020

Academics and policymakers alike tend to motivate their claims about innovation prizes with a cluster of popular, but previously unexamined, historical anecdotes. As a result, canonical case studies like the award for gauging longitude at sea, the success of efforts to induce new methods of food preservation in France, and “Daguerrotype patent buyouts” have had a disproportionate effect on our understanding of institutions and incentives for inventive activity. Closer attention to the specific details derived from the primary records reveals key misapprehensions and inaccuracies, implying that the oft-recited conclusions about technological prizes are largely misleading.
Prestige and Profit
Authors: Khan B. Zorina
Published: June 2020

The Royal Society of Arts offered honorary and cash awards for creativity. The society initially was averse to patents and prohibited the award of prizes for patented inventions. Inventors of items that were valuable in the marketplace typically chose to obtain patents and to bypass the prize system. Owing to such adverse selection, prizes were negatively related to subsequent areas of important technological discovery. The society acknowledged that its efforts had been “futile” because of its hostility to patents and switched from offering inducement prizes toward lobbying for reforms to strengthen the patent system. The findings suggest some skepticism is warranted about claims that elites and non-market-oriented institutions generated technological innovation and long-term economic development.
Administered Invention in France
Authors: Khan B. Zorina
Published: June 2020

France presents the closest model of a soi-disant “entrepreneurial state,” including both centralized and decentralized administered innovation institutions. Scholars have argued that these approaches were superior to market transactions. However, their unrepresentative case studies have underestimated or ignored the costs of politically biased economic strategies, including greater uncertainty, incorrect relative prices and the misallocation of resources, and lower incentives for investments in inventive activity. A society based on special privileges for the few provided disproportionate benefits for elites and those with personal connections, disadvantaged creativity that threatened existing interests, and encouraged rent-seeking rather than returns from meeting market demand.
Going for Gold
Authors: Khan B. Zorina
Published: June 2020

Innovation prizes were regularly sponsored by the Franklin Institute and other mechanics’ institutes throughout the United States. The analysis shows that administered innovation systems in the United States demonstrated the same endemic characteristics as their European counterparts. Unlike the more democratic nature of patent markets, the judges, participants, and winners belonged to wealthier and more privileged classes. Prize systems failed to induce the desired outcomes, and the allocation of awards was typically idiosyncratic and unrelated to characteristics of the invention. Their administration was rife with poor governance, and the administrative costs often exceeded the amounts being disbursed to inventors. Rather than providing effective inducements for novel inventive activity, prizes primarily served as marketing and publicity mechanisms for firms that wished to commercialize already existing innovations.
“Creative Destruction”
Authors: Khan B. Zorina
Published: June 2020

The strongest case for administered innovation systems relies on government sponsorship of research and development and technological discoveries during World War II and the modern postwar era. The American Civil War provides a useful counterpoint that demonstrates the effectiveness of markets in ideas even during the severe disruptions of a devastating battle on domestic soil. The Civil War was characterized by a high degree of technological creativity for military-related inventions and innovations, to a far greater extent than during the twentieth century. Both the sourcing of new technologies and military procurement were decentralized and subject to market forces. The market incentives for private inventors to engage in trial-and-error experimentation created an impressive portfolio of radical new technologies from which military leaders chose the most appropriate to support their strategies.
Innovations in Law
Authors: Khan B. Zorina
Published: June 2020

Administered systems involve regulation, while efficient markets in ideas require secure property rights and appropriate adjacent institutions. Disruptive technologies typically lead to institutional bottlenecks, which then require accommodations in legal rules and their enforcement. U.S. policy toward innovation and enterprise has always been distinguished by the central role of law and the judiciary. The evolution of legal rules and standards in the United States reveals a remarkable degree of flexibility and responsiveness to innovations. In the short run, the common law economized on legal adjustment costs through “adjudication by analogy,” whereas, in the long run, socioeconomic changes wrought by major inventions ultimately produced more fundamental adjustments in adjacent institutions. This institutional elasticity can be contrasted with the lack of transparency and rigidity that characterized most administered innovation institutions.
The Spiritual Evolution of Margarito Bautista
Authors: Pulido Elisa Eastwood
Published: June 2020

A spiritual biography, this book chronicles the journey of Margarito Bautista (1878–1961) from Mormonism to the Third Convention, a Latter-day Saint (Mormon) splinter group he fomented in 1935–1936, to Colonia Industrial/Nueva Jerusalén, a polygamist utopia Bautista founded in 1947. It argues that Bautista embraced Mormon belief in indigenous exceptionalism in 1901 and rapidly rose through the ranks of Mormon priesthood until convinced that the Mormon hierarchy was not invested in the development of native American peoples, as promoted in the Church’s canon. This realization resulted in tensions over indigenous self-governance within the Church of Jesus Christ of Latter-day Saints (Mormon Church) and Bautista’s 1937 excommunication. The book contextualizes Bautista’s thought with a chapter on the spiritual conquest of Mexico in 1513 and another on the arrival of Mormons in Mexico. In addition to accounts of Bautista’s congregation-building on both sides of the U.S. border, this volume includes an examination of Bautista’s magnum opus, a 564-page tome hybridizing Aztec history and Book of Mormon narratives, and his prophetic plan for the recovery of indigenous authority in the Americas. Bautista’s excommunication catapulted him into his final spiritual career, that of a utopian founder. In the establishment of his colony, Bautista found a religious home, free from Euro-American oversight, where he implemented his prophetic plan for Mexico’s redemption. His plan included obedience to early Mormonism’s most stringent practices, polygamy and communalism. Bautista nonetheless hoped his community would provide a model for Mexicans willing to prepare the world for Christ’s millennial reign.
Bautista Embraces Mormonism, 1901–1910
Authors: Pulido Elisa Eastwood
Published: June 2020

This chapter examines Margarito Bautista’s 1901 conversion to The Church of Jesus Christ of Latter-day Saints in Central Mexico and his subsequent residency in the polygamous Mormon Colonies in northern Mexico from 1903 to 1910. It argues that in the first decade after his conversion, Bautista’s mirroring of Euro-American Mormon missionaries transformed him into a potent, if unpaid evangelizer and impressed upon him the idea that the development of Mexico and Mexicans was a religious duty that required self-sacrifice, community building, and the strict observance of difficult practices, i.e. polygamy. After his conversion, Bautista quickly rose through the ranks of the Mormon priesthood and began evangelizing other Mexicans, first on Mexico’s Central Plateau and later in the state of Chihuahua, where he witnessed first-hand the Mormon practice of gathering into homogenous communities, the practice of polygamy, and the ability of Mormon colonists to tame the wilderness.
Resist or Yield?
Authors: Nanay Bence
Published: June 2020

An important recent distinction in the empirical literature about self-control is between resisting and avoiding temptations. While there is evidence that avoiding temptations is the more efficient method of the two, philosophers have focused almost exclusively on resisting temptations. The aim of this chapter is to examine what the ability to avoid temptations depends on and to argue that it depends primarily on how fragmented one’s mind is: on the inconsistencies in one’s mental setup. The fragmentation of mind requires a significant amount of mental effort to conceal from oneself and this leads to a weakened ability to resist temptations.
Self-Control and Deliberate Ignorance
Authors: Basu Sammy , Friedrich James
Published: June 2020

This chapter considers the relationship of individual “self-control” to epistemic behavior and ethical responsibility. The authors distinguish deliberate ignorance into two forms: partiality-preserving and impartiality-enhancing, associating the former with “epistemic diligence/negligence” and the latter with “epistemic restraint/recklessness.” As such, they argue that ethical responsibility entails three prescriptive orders of self-control. First, in the moment, the individual should reactively self-control epistemic relevance. However, research on cognitive irregularities such as the introspection illusion highlights difficulties in doing so. Second, the individual should proactively regulate information available to self and others. Here, the authors’ own studies test whether individuals will consistently guard against information contamination. They find that a personal “bias blind-spot” compromises such epistemic discretion. Given epistemic responsibility but unreliable introspection, then, the individual needs a third order of self-control. That is, in certain decision-making situations the individual is obliged to utilize institutions of epistemic justice that mandate to decision-makers information availability/restraint.
Gay Rights vs. Religious Liberty?
Authors: Koppelman Andrew
Published: June 2020

Should religious people who conscientiously object to facilitating same-sex weddings, and who therefore decline to provide cakes, photography, or other services, be exempted from antidiscrimination laws? This issue has taken on an importance far beyond the tiny number who have made such claims. Gay rights advocates fear that exempting even a few religious dissenters would unleash a devastating wave of discrimination. Conservative Christians fear that the law will treat them like racists and drive them to the margins of American society. Both sides are mistaken. This is not a matter of abstract principle, and none of the constitutional claims work. This is an appropriate occasion for legislative negotiation. This book is the only systematic accounting of the interests that must be balanced in any decent compromise, in terms that both sides can recognize and appreciate. Koppelman explains the basis of antidiscrimination law, including the complex idea of dignitary harm. He shows why even those who do not regard religion as important or valid nonetheless have good reasons to support religious liberty, and why those who regard religion as a value of overriding importance should nonetheless reject the extravagant power over nonbelievers that the Supreme Court has recently embraced. Koppelman also proposes a specific solution to the problem: that religious exemptions be granted only to the few businesses that are willing to announce their compunctions and bear the costs of doing so. His approach makes room for America’s enormous variety of deeply held beliefs and ways of life. It can help reduce the toxic polarization of American politics.
Discrimination law can tolerate exceptions
Authors: Koppelman Andrew
Published: June 2020

Religious accommodations have been granted only when this can be done without defeating the purposes of the law. This chapter examines the purposes of antidiscrimination law. That body of law is an exception to the normal rule of contract at will. Generally, one may refuse to deal for any reason at all. Legislation is only necessary when discrimination is ubiquitous. The law can thus achieve its ends while excusing idiosyncratic dissenters. The harms that have been attributed to discrimination, such as damage to full citizenship status and dignitary harm, are carefully unpacked.
A right to be weird is a good reason to give religion special treatment
Authors: Koppelman Andrew
Published: June 2020

Proponents of special treatment for religion are increasingly drawn to the implausible claim that (what someone takes to be) divine commands should always supersede human ones. A better account would acknowledge that religion is only one among many profound human concerns. The recognition that there is an enormous variety of deep and valuable commitments undergirds the claims of both gay rights and religious freedom. These can only be protected one at a time, and that is a sufficient reason for singling out religion for special treatment.
Contextualization
Authors: Stadler Nurit
Published: June 2020

This chapter contextualizes the different levels of the work. The author use in order to study the sacred places and rituals in the Holy Land, the nation state and Middle Eastern context. The author start this chapter with the explanation of the relations between state and religion, and go on to explaining the sacred archetypes of holiness by interpreting relations between texts and lands. The author go on to discuss the eschatological and pragmatic forces in the Holy Land and the idea of the Holy Land in Judaism, Christianity, and Islam. She goes on to contextualize the veneration of female saints by means of prototypical illustrations at different levels of resolution—Holy Land, Middle Eastern, and the idea of the state and its construction. The author concludes this chapter with the discussion of religion and the variety of ritualistic performance in Israel/Palestine.
Morocco
Authors: Martinez Luis
Published: June 2020

Chapter Five entitled “Morocco: Beneficial Reforms” demonstrates how reforms implemented by the monarchy in Morocco defused social and political demands expressed by various protest movements. Throughout the monarchy’s long experience in its fight against political opposition, it has gained immeasurable skill in handling movements of dissent. From the 20 February Movement to the Hirak Movement, the Moroccan state has deployed the full range of its resources to manage and control revolts likely to destabilize the monarchy.
Philosophical Aesthetics and the Ethical Criticism of Art
Authors: Nannicelli Ted
Published: June 2020

This chapter critically reviews an approach to the ethical criticism of art that has dominated attention in philosophical aesthetics. The author calls it the “interpretation-oriented approach” and “perspectivism.” On this approach, art is ethically evaluated in terms of its meanings—in particular, in terms of the attitudes or perspectives the work embodies, endorses, expresses, or prescribes. The author raises two central objections to perspectivism: it does not carry much force in the real world (i.e., it tends not to result in criminal or civil liability, fines, censorship, and so forth), and it depends upon the contentious task of interpreting the work.
Photography
Authors: Nannicelli Ted
Published: June 2020

This chapter uses photography to advance the argument that the medium of an art form partly determines the sorts of features that are relevant to an ethical evaluation of an artwork within it. The chapter outlines current debates about medium-specificity and endorses a moderate view regarding the nature of medium-specific features and the plausibility of medium-specific claims. Building upon this discussion, this chapter proceeds to show that perspectivism accounts for some but not all of the ethically relevant features of photographs. In some cases, the most ethically pressing questions about photographs can only be addressed by the production-oriented approach to the ethical criticism of art.
Stand-up Comedy
Authors: Nannicelli Ted
Published: June 2020

This chapter explores the ethics of stand-up comedy with a particular focus on the warrant of ethical criticism of this art form. The chapter argues for the need to understand stand-up comedy as a performance and offers an account of the additional ethical leeway one tends to grant to stand-up comedians. The chapter zeroes in on the relevance of the comedian’s persona and moral character as ethically relevant features of the context of creation. It discusses two notable cases including the censure of Louis C.K. in the wake of his admission of sexual misconduct and the sustained criticism of Dave Chappelle for making jokes about transgender people.
Ulna and radius
Authors: Drapeau Michelle S. M. , Menter Colin G.
Published: June 2020

Descriptions of all radial and ulnar fossils from Sterkfontein are presented. The relatively large sample of forelimb bones from Sterkfontein provide information about the elbow, wrist, and forearm of Australopithecus africanus. The proximal orientation of the olecranon process and anterior orientation of the trochlear notch suggest that the forelimb was used in flexed position, as in humans. The bones are small relative to other hominins, and have relatively straight diaphysis and small muscle attachment markings like other australopiths, suggesting the presence of reduced forearm muscularity relative to apes. Diaphyseal cross-sectional shape suggests a pattern of forearm muscle use that may be neither completely human-like nor ape-like but somewhat intermediate, perhaps reflecting a reduced use in locomotion and an increased use in manipulation. In contrast to the diaphysis, the proximal radius is more clearly ape-like, with beveled heads and constricted and relatively long necks comparable to the Hadar specimens, which underscores the unique morphology of the elbow (neither completely human-like nor ape-like) in these hominins. The distal ulna, with the well-marked tendon groove, deep fovea, and a head shape intermediate between apes and humans, like A. afarensis specimens, suggest that stability was required during loading and use of the hand and wrist, although possibly less so than in extant apes. The overall picture of the Sterkfontein forelimb is that of a taxon that had powerful arms, but less powerful than apes, and that they were using them for tasks such as manipulation and probably less so for locomotion.
A Subjective Jurisprudence
Authors: Purcell Edward A. Jr.
Published: June 2020

This chapter examines Justice Antonin Scalia’s jurisprudence dealing with the U.S. Constitution’s two structural axes, separation of powers and federalism. It argues that both constitutional principles are general, largely indeterminate, and easily manipulable and that Scalia construed them in light of his own subjective goals and values. He was determined to use them instrumentally to expand executive power, limit Congress, and severely restrict federal judicial power. The chapter argues that Scalia regarded separation of powers as more critical and important than federalism because it was better suited to serve his political and institutional goals and that, in joining the Rehnquist Court’s “federalism revolution” in the early twentieth century, he contradicted the position he had taken in his Senate confirmation hearing about the propriety of the Court giving special deference to Congress on federalism issues. Finally, the chapter shows that before he went on the Court, Scalia had made it clear that he viewed both separation of powers and federalism as principles that could and should be interpreted to serve the practical policy goals of the political right.