bluuebunny/crossref_metadata_2025 huggingface dataset:
The Ratchet Theory and Other Long-Run Effects
Authors: Posner Eric A , vermeule Adrian
Published: November 2023

So far, we have considered two internal critiques of the tradeoff thesis, which we have labeled the panic theory (chapter 2) and the democratic failure theory (chapter 3). In this chapter, we consider internal critiques of the tradeoff thesis that focus on the long-run consequences of governmental decision-making in emergencies. The common theme in these critiques is that governmental decision making according to the tradeoff thesis—what we have called first-order balancing of security and liberty—will have long-run costs that the government in power at a particular time will fail to fully take into account. These critiques posit an intertemporal version of the democratic failure theory: even if government acts rationally, and even if government fully accounts for the welfare of persons affected by government policies in the current period, governmental decisionmaking may be distorted by a failure to consider the interests of those living in future periods. The government in place for the time being will externalize costs onto the future. On this account, the role of judicial review in times of emergencies would be to provide a long-run perspective that compensates for the shortsightedness of current governmental decisionmaking.
Speech, Due Process, and Political Trials
Authors: Posner Eric A , vermeule Adrian
Published: November 2023

During the cold war, law enforcement was used aggressively against suspected communists and Soviet spies. Although, in those days, people were not as concerned about surveillance and searches as they are today, people were deeply concerned about the fairness of the criminal trials of the cold war defendants and about the laws under which they were prosecuted. In retrospect, it is clear that many of the criminal defendants, including Alger Hiss and Julius Rosenberg, really were Soviet spies, but civil libertarians blamed the government for fomenting an atmosphere of hysteria in which fair trials were impossible. In addition, Smith Act prosecutions virtually illegalized membership in the Communist party, even though the decision to join one party or another is now thought to be protected First Amendment activity. These prosecutions, along with the McCarthy hearings, destroyed many lives and stifled intellectual and political debate.
Implementation of the European Takeover Directive in Estonia
Authors: Prangli Toomas , Sorainen Stefano M Grace
Published: November 2023

Directive 2004/25/EC of the European Parliament and of the Council of April 21, 2004, on takeover bids (the Takeover Directive or the Directive) has been implemented into the legal system of the Republic of Estonia by adopting relevant amendments to effective legal acts.
Implementation of the European Takeover Directive in Germany
Authors: Oppenhoff Stephan F
Published: November 2023

In Germany, public offers for shares in a publicly listed company are primarily governed by the German Securities Acquisition and Takeover Act (Wertpapiererwerbsund Übernahmegesetz—Takeover Act) of December 20, 2001, and several regulations promulgated thereunder. Directive 2004/25/EC of the European Parliament and of the Council of April 21, 2004, on takeover bids (the Takeover Directive or the Directive) was implemented by the Takeover Directive Implementation Act which took effect on July 14, 2006 and amended the Securities Acquisition and Takeover Act and other statutes and regulations.
Implementation of the European Takeover Directive in Latvia
Authors: Puolakka Pekka , Purvinska Renate
Published: November 2023

Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids (the Takeover Directive or the Directive) has been implemented into the legal system of the Republic of Latvia by adopting relevant amendments to effective legal acts.
Implementation of the European Takeover Directive in Lithuania
Authors: Peksys Algirdas , Jonaityte Agne
Published: November 2023

Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids(the Takeover Directive or the Directive) was implemented into the legal system of the Republic of Lithuania by adopting relevant amendments to effective legal acts.
Implementation of the European Takeover Directive in Portugal
Authors: Pinto Rita Oliveira
Published: November 2023

Decree Law 219/2006 of November 2, 2006, setting out amendments to takeover bids rules as a result of the implementation of European Union (EU) Directive 2004/25/EC of the European Parliament and of the Council of April 21, 2004 (Takeover Directive or the Directive) took effect on November 8. 2006. This Decree Law amends the Portuguese Securities Code which contains the rules on takeover bids.
Implementation of the European Takeover Directive in Slovenia
Authors: Petroviˇc Tomaž , Filipov Jernej Jeraj , Petrovič Petrovič
Published: November 2023

Directive 2004/25/EC of the European Parliament and of the Council of April 21, 2004, on takeover bids (the Takeover Directive or the Directive) was implemented in Slovenia by the Takeover Act (ZPre-1). The Slovene takeover law did not have to undergo such major substantial changes as takeover acts of several other European Union (EU) countries, as the former Takeover Act (ZPre) already leaned heavily on the draft of the Directive. Nevertheless, ZPre-1 introduced some important changes, which are described in more detail below. The effective date is August 11, 2006.
Implementation of the European Takeover Directive in Spain
Authors: Sáinz Álvaro
Published: November 2023

In Spain public takeovers are regulated by (i) Act 6/2007, dated 13 April, having regard to the reform of the Spanish Securities Market Act, and (ii) the Royal Decree 1066/2007, dated 27 July, on takeover bids.
Implementation of the European Takeover Directive in Sweden
Authors: Johansson Svante
Published: November 2023

The Swedish government presented its proposal for the rules implementing the Directive 2004/25/EC of the European Parliament and of the Council of April 21, 2004, on takeover bids (the Takeover Directive or the Directive) in March 2006. The new rules came into force on July 1, 2006.
Male Custom 1n Family Life
Authors: Wyatt-Brown Bertram
Published: November 2023

If historians have until recently neglected the legal basis upon which family ethics and behavior functioned, they have also said too little about the customary habits of married men, particularly in traditional households, as opposed to pious ones. Here again the law favored the man no less than social convention did. At least according to their aggrieved husbands, women could be and sometimes were difficult partners. A special cause of complaint in that regard was the problem of making a smooth transition from affection for a father to that appropriate for a husband. Daughters of particularly notable men like Thomas Jefferson, for instance, sometimes idealized the parent and thereby exacerbated the ordinary tensions that arose in the early years of marriage. Speaking of Jefferson’s daughters Martha and Mary, two historians remark that “to deserve and retain their father’s love had been the aim implanted in both daughters from their early youth.” Martha, the eldest and the most intimate with her father, eventually married but did not give her husband the love that she showered upon the parent whom she almost worshiped. Jefferson, in turn, could not re strain his feelings for her.
William Randolph Hearst
Authors: Procter Ben
Published: November 2023

William Randolph Hearst was a figure of Shakespearean proportions, a man of huge ambition, inflexible will, and inexhaustible energy. He revolutionized the newspaper industry in America, becoming the most powerful media mogul the world had ever seen, and in the process earned himself the title of “most hated man in America” on four different occasions. Now in the second volume of this sweeping biography, Ben Procter gives readers a vivid portrait of the final 40 years of Hearst’s life. Drawing on previously unavailable letters and manuscripts, and quoting generously from Hearst’s own editorials, Procter covers all aspects of Hearst’s career: his journalistic innovations, his impassioned patriotism, his fierce belief in “Government by Newspaper,” his frustrated political aspirations, profligate spending and voracious art collecting, the building of his castle at San Simeon, and his tumultuous Hollywood years. The book offers new insight into Hearst’s bitter and highly public quarrels with Al Smith (who referred to Hearst papers as “Mudgutter Gazettes”) and FDR (whose New Deal Hearst dubbed the “Raw Deal”); his 30-year affair with the actress Marion Davies (and her own affairs with others); his political evolution from a progressive trust-buster and “America first” isolationist to an increasingly conservative and at times hysterical anti-communist. Procter also explores Hearst’s ill-considered meeting with Hitler, his attempts to suppress “Citizen Kane,” and his relationships with Joseph Kennedy, Charles Lindbergh, Louis B. Meyer, and many other major figures of his time. As Life magazine noted, Hearst newspapers were a “one-man fireworks display”--sensational, controversial, informative, and always entertaining. In Ben Procter’s fascinating biography, Hearst shines forth in all his eccentric and egocentric glory.
Promoting the Red Scare
Authors: Procter Ben
Published: November 2023

On November 26, 1934, approximately three weeks after the congressional elections in the United States, William Randolph Hearst alerted the editors of his various publications to a growing threat to American democracy. Without question, the Communist Party was the real menace facing the nation. “Today;’ he asserted, it “is largely composed of agitators with the greed for power, position, and property, but without the competence to acquire them except by criminal violence, and certainly without the ability or the will to exercise them for the general benefit:’ During his summer tour of Europe Hearst had noted that fascist movements in Italy and Germany, headed by Benito Mussolini and Adolf Hider, had acquired power because of their opposition to communism. “We do not want to have to resort to a Fascist movement in order to pre vent such misgovernment;’ he announced. Hence, “let us realize that there is no danger of Fascism as long as there is NO DANGER OF COMMUNISM:’
Nightmare of Insolvency in a World at War
Authors: Procter Ben
Published: November 2023

On August 10, 1937, John Francis Neylan, who had agreed several months earlier to return as the chief financial officer and attorney of the Hearst media empire, wrote to William Randolph Hearst concerning the desperate condition of the corporation’s finances-and his struggles to right them. Somewhat bewildered and definitely perturbed, he reviewed in this letter their hectic relationship. Over “the last nineteen months I have endeavored with whatever ability and ingenuity and earnestness I had to aid you … and I was frequently rebuffed for my pains:’ Consequently, he had resigned, in frustration, late in December 1935, only to be persuaded by a submissive Hearst, almost to the point of childlike compliance, not to abandon him. Early in June 1937, Neylan agreed to come on board again and “lay the foundation to restore … (Hearst’s] current credit which had been terribly shattered:’ After skillfully obtaining assurances of cooperation from the major banking creditors, he had directed his headstrong client, who was unaccustomed to accepting supervision of any kind, to follow an effective and advantageous course of action. And for almost two months all went smoothly, that is, until Hearst had second thoughts and sought other counsel. Neylan again submitted his resignation, lamenting that the rejection of his strategy would result in financial disaster.
Last Years and Final Edition
Authors: Procter Ben
Published: November 2023

Early on Sunday morning, December 7, 1941, the Japanese carried out a surprise attack upon the United States naval base at Pearl Harbor in Hawaii. Against little opposition Japanese fliers bombed and strafed selected targets for several hours, inflicting more than 3,000 casualties on the surprised American military. They also destroyed or immobilized most of the American aircraft while sinking or running aground seven battleships, the backbone of the U.S. Pacific fleet. The next day President Roosevelt, in asking Congress for a declaration of war against Japan, de scribed this attack as “a day which will live in infamy: Such a devastating aerial strike did not produce the desired results, however. As early as September 1940, the commander in chief of the Japanese Combined Fleet, Admiral Isoroku Yamamoto, had voiced his concern about such an assault, even if successful.”I shall run wild for the first six months or a year;’ he predicted, “but I have utterly no confidence for the second or third year:• He therefore urged the Japanese government to avoid war with the United States at all costs. Or as Hollywood writers dramatically rephrased this quotation in the 1970 movie Tora! Tora! Tora! Yamamoto solemnly announced that Japan, instead of demoralizing the United States,”had awakened a sleeping giant and filled him with a terrible resolve:• And he was right. The bombs that pulverized Pearl Harbor unified the American people-silencing immediately those advocates of the nation’s powerful isolationist movement.
The Satans
Authors: Takeyh Ray
Published: November 2023

During the second decade of the revolution, the united States remained a looming presence for Iran, and its policies were debated in the parliament, presidential office, universities, and the streets. On the surface, policymakers in both Tehran and Washington seemed to recognize that the prevailing acrimony was not serving their mutual inter-ests. Rafsanjani was not beyond reevaluating U.S.-Iran relations and explor-ing the possibility of some type of accommodation. However, ideological pressures and disagreements on regional developments prevented the emer-gence of a more rational relationship between the two states.
The Odyssey of the Reform Movement
Authors: Takeyh Ray
Published: November 2023

The islamic republic is often depicted as a typical authoritarian regime with a rigid political order and a militant for-eign policy. A state ruled by reactionary clerics who had scant respect for either the people’s aspirations or global public opinion was destined to remain in the clutches of clerical despotism. Yet Iran gave birth to one of the most intellectually vibrant democratic movements in the contempo-rary Middle East. A land of perennial surprises would defy the cynicism of its detractors, as Iran would be the only place in the region where elections did not follow a preordained script.
The Ahmadinejad Era
Authors: Takeyh Ray
Published: November 2023

The rise of the new right portended important changes in Iran’s foreign policy. A mixture of Islamist ideology and ultranationalism would condition the new rulers’ perspective. As with all of their predecessors, the conservatives believed that Iran had a right to emerge as the preeminent power of the region. Such nationalistic claims, however, were complemented by an Islamist outlook that closely identified with Palestinian and Arab opposition forces struggling against both the United States and Israel.
Dealing with Uncertainty
Authors: Bremmer Ian , Keat Preston
Published: November 2023

Today, the palm-fringed beaches of Yucatán and Cozumel are known mainly as a holiday getaway spot for raucous college students. But in 1519, the Yucatán coast saw the beginning of what perhaps comes closest in human history to an alien invasion. Hernán Cortés and 600 Spaniards sailing from Cuba landed there and set in motion a remarkable chain of events that would culminate in the Spanish conquest of the Americas. Cortés, like many adventurers of the time, came in search of great riches and new lands for himself and his king. Once ashore, he eventually made contact with the Aztecs, who then controlled a powerful empire of city-states extending across much of today’s Mexico. As the Aztecs and their emperor, Montezuma, struggled to understand the sudden appearance of fair skinned, bearded, armed, and armored men on horseback, Cortés forged alliances with rival city-states and prepared his battalion-sized warband to conquer a civilization of as many as 30 million people. Within two years, Cortés had crushed the Aztec Empire, killed a succession of its emperors, and laid the foundation for 300 years of Spanish colonial rule in Mexico.
Terrorism
Authors: Bremmer Ian , Keat Preston
Published: November 2023

Each November 5, in England and in former British colonies, celebrants light bonfires and launch fireworks to mark Guy Fawkes Night, a commemoration of the failure of the Gunpowder Plot in 1605. The plot was an attempt by a group of English Roman Catholics to kill the Protestant king of England, James I, together with the English Protestant nobles and elites, by using barrels of gunpowder hidden in the cellars of the Houses of Parliament. Terrorism, even in 1605, was not a new phenomenon. Assassinations, kidnappings, and murders are as old as history itself. In fact, the word “assassin” comes from what might have been one of the earliest known terrorist groups. “Assassin” is the Europeanized version of “Hashishin,” a name (used by the enemies) of the Persia-based, mystical Ismaili Shia sect of Muslims. During the 11th and 12th centuries, the Hashishin used assassinations as a weapon against their religious (both Christian and Sunni Muslim) and political enemies. Their assassins would infiltrate royal courts and palaces under different pretences, but they always killed their high-ranking victims in the same way, using daggers.
Introduction: The Story so Far
Authors: Stiglitz Joseph E , Charlton Andrew
Published: November 2023

In November of 2001, trade ministers from 140 nations gathered in Doha, Qatar, to seek to give the World Trade Organization (WTO) a historic new mandate. The WTO’s previous ministerial meeting in Seattle, USA, in 1999 had ended in failure and brought protests and violence to the city. Now they were meeting in the midst of a global recession, just two months after the shocking attacks on the United States of rr September 2001. On the evening of 14 November, after several days of negotiations, and more than 18 hours after their original deadline, the ministers announced that they had reached a landmark agreement to launch a new round of trade talks. The agreement-the Doha Declaration-outlined a framework for a wide-ranging new round of multilateral negotiations.
What has Doha Achieved?
Authors: Stiglitz Joseph E , Charlton Andrew
Published: November 2023

US Trade Representative Robert Zoellick’s statements after the Doha Ministerial Conference reflected the prevailing positive mood and the hope for a successful round of negotiations: Doha lays the groundwork for a trade liberalization agenda that will be a starting point for greater development, growth, opportunity and openness around the world ... we’ve settled on a program that lays out ambitious objectives for future negotiations on the liberalization of the agriculture market. These objectives represent a cornerstone of our market access priorities for trade and they will create a framework that will help the United States and others to advance a fundamental agricultural reform agenda. On a range of issues, such as agricultural liberalization and reduction of tariffs on non-agricultural goods, we’ve shown how our interests can con­ verge with the developing world. I believe that we in the United States have an enhanced appreciation for the interests of developing nations in trade.
Special Treatment for Developing Countries
Authors: Stiglitz Joseph E , Charlton Andrew
Published: November 2023

There is considerable dissatisfaction with the treatment given by the World Trade Organization to its poorest members. The development of an appropriate framework which maintains the ‘rules-based’ trading system but differentiates between rich and poor countries is one of the most important issues facing the Doha Round. WTO members include 32 of the 50 least developed countries (LDCs) recognized by the UN.1 The economic and social development of these countries, in particular the eradication of extreme poverty, is a major challenge for LDCs themselves, as well as for the international community. Least developed countries are characterized by their exposure to a series of vulnerabilities and constraints, such as limited human capital and productive capacity; weak institutions; geographical handicaps including poor soils, vulnerability to natural disasters, and communicable diseases; poorly diversified industries and underdeveloped markets for many goods and services; limited access to education, health, and other social services; poor infrastructure; and lack of access to information and communication technologies.
How to Open up Markets
Authors: Stiglitz Joseph E , Charlton Andrew
Published: November 2023

The general argument in favor of trade liberalization is that it allows the expansion of the size of markets, allowing the global economy to take further advantage of the economies of scale (the argument Adam Smith put forward more than two-hundred years ago), and it enhances global efficiency in production and exchange. Thus trade liberalization must be managed carefully to ensure that developing countries benefit from it and are not left worse off. In this chapter, we discuss the most important market access issues in the Doha Round and we show what must be done to promote development. As noted earlier, the standard argument that trade liberalization necessarily makes all countries better off (though not necessarily all individuals within each country) is predicated on a set of assumptions that is not satisfied in most developing countries: full employment, perfect competition, and perfect capital and risk markets.
What should not be on the Agenda?
Authors: Stiglitz Joseph E , Charlton Andrew
Published: November 2023

The preceding is a partial list of the items that should have a high priority in any round of trade negotiations that pretends to call itself a development round. Many of the items listed have received little or no attention. Equally remarkable are several of the items (especially within the so-called Singapore Issues) that were put on the table. Some of these would almost surely impede development. The fact that the United States and Europe put such items on the agenda and continued to push them for so long within the so-called Development Round is of concern: were they merely bargaining chips? Was there no real comprehension about what should be meant by a Development Round?
Joining the Trading System
Authors: Stiglitz Joseph E , Charlton Andrew
Published: November 2023

Twenty countries have been added to the WTO since its creation in r 995 .1 Another 24 countries are negotiating membership, 2 of which eight are least developed countries (LDCs). Most of this book has been concerned with ensuring that the rules and procedures of the WTO deliver benefits to the developing countries within the WTO system. For the (equally needy) developing countries who are not yet members, the benefits of multilateral trade reform in the Doha Round are dependent on the speed and ease with which they are able to join the WTO, and the terms of their accession. The recent experiences of several acceding developing countries are reviewed below.3 It shows that the WTO’s accession process requires reform in several respects. In particular, there are no good arguments for maintaining the double standard which treats countries differently depending on whether they are existing members of the WTO or not. There is a need for transparent and objective rules and procedures for accession negotiations which ensure that the accession process is not unduly
Institutional Reforms
Authors: Stiglitz Joseph E , Charlton Andrew
Published: November 2023

There is widespread dissatisfaction with the way that trade agreements are made, partly stemming from a belief that current procedures put developing countries at a marked disadvantage. This is particularly important, given the increasing role that such trade agreements play in our societies. They define a broad set of rights and obligations, yet they are arrived at in a manner that is distinctly different from the way that other kinds of legislation are adopted. The terms are often negotiated behind closed doors, with little public debate about specific provisions. The legislative process is often truncated. The result is agreements, like Chapter r r of the NAFTA agreement or the TRIPS Agreement, which contain provisions that would probably never have been accepted by a democratic parliament with open discussion in a deliberative process.
Trade Liberalization and the Costs of Adjustment
Authors: Stiglitz Joseph E , Charlton Andrew
Published: November 2023

Trade liberalization creates adjustment costs as resources are moved from one sector to another in the process of reform. When tariffs are reduced, import-competing firms may reduce their production in the face of new competition, causing some of their workers and capital to lie idle for a period. The firm’s laid-off workers will incur costs while searching for new jobs and may need to invest in retraining. Governments will be called upon to provide assistance to the unemployed, while also incurring costs associated with implementing the new systems for managing reform.
Epilepsy in Our World: Stories of Living with Seizures from Around the World
Authors: Schachter Steven C , Andermann Lisa Francesca
Published: November 2023

Nearly 60 million people around the world live with epilepsy. This collection of frank narratives by people with epilepsy from 21 countries offers unique perspectives on the personal and social aspects of seizure disorders. Reflecting a diverse array of cultures, the narratives reveal many common concerns and show the distinct ways that people around the world affected by epilepsy react to the diagnosis and cope with their families, friends and communities. The book includes chapters on the Global Campaign Against Epilepsy and a physician's firsthand experience in East Africa. Appendices list contact information for each affiliate of the International League Against Epilepsy and the International Bureau for Epilepsy. ABOUT THE SERIES: With the Brainstorms series, one of the world's leading authorities on epilepsy, Dr Steven C. Schachter, has gathered together the personal testimonies of patients, family members, and caregivers to create a poignant and gripping series of books on this misunderstood and often devastating disorder.
Epilepsy in Our World: An Ethnographic View
Authors: Andermann Lisa Francesca
Published: November 2023

Epilepsy, with its centuries of history dating back through recorded medical writings and oral tradition, has long been a subject of inquiry in the medical sciences as well as in works of art, literature, and religion. However, it is only in the twentieth century that the study of epilepsy entered the sphere of social sciences, and there is a growing body of literature in anthropology and sociology pertaining to the epilepsies. As an introduction to this collection of narratives from around the world describing personal experiences with epilepsy, this essay reviews some of the contributions of the social science literature and will attempt to answer the following questions: How is epilepsy viewed in the sphere of biomedicine? How do the social sciences view epilepsy? Why are narratives of epilepsy important? And how can an anthropological approach to the study of epilepsy inform medical practice and lead to a better understanding of persons with this disorder? Epilepsy is thought to have multifactorial mechanisms of causation based in the brain with a variety of different forms of expression and levels of severity, an episodic and recurrent course during which long-term pharmacological treatment generally plays an important role. Perhaps most importantly for this discussion, an altered state of consciousness or altered perceptions occur during a seizure and leads to differences in one’s subjective experience of the world. In addition, people with these disorders have often been marginalized within their societies, and have had reduced opportunities for education, employment, marriage, and social relationships. There have been extensive efforts from epilepsy support groups to educate people with epilepsy and their families, as well as health providers and the general public, in an effort to counteract the stigma frequently associated with this disorder. It is hoped that describing some of the different experiences with the epilepsies will stimulate further thought about the varieties of illness experience.
Horseshoes and Hand Grenades
Authors: Lockwood Jeffrey A
Published: November 2023

Humanity is fortunate that solving problems often does not require understanding how or why our solutions work. Being close is good enough. We used aspirin for centuries before medical science revealed its mode of action; the steam engine preceded the physicists’ understanding of vacuum pressure by years; and bronze was invented centuries before chemists and metallurgists could explain its properties. Likewise, for thousands of years, weapons of war were lethal enigmas. The ballistic equations describing the trajectory of a spear or arrow, the mechanical principles underlying a catapult, and the chemistry of gunpowder were mysteries, but scientific ignorance did not preclude using and refining these weapons. And no form of killing more clearly exemplifies our capacity to exploit natural processes beyond the limits of our knowledge than does entomological warfare.
Entomological Evil
Authors: Lockwood Jeffrey A
Published: November 2023

Pingfan was an undistinguished cluster of eight or ten villages about 15 miles south of Harbin. That is, until the Japanese army made the residents sell their homes for a pittance, razed the hamlets, and forced 15,000 Chinese laborers to build Ishii’s dream. When completed in 1939, the facility was a bizarre cross between a biomedical death camp and a resort spa. Within its two square miles, Pingfan comprised more than 150 structures: headquarters building (with a moat), administrative offices, laboratories, barns, greenhouses, a power station, a school, a brothel, recreational facilities (including a swimming pool), housing for 3,000 scientists, dormitories for technicians and soldiers—and a prison for the inmates, along with the requisite crematorium (see Figure 9.1).
Japan’s Pleas and Lies
Authors: Lockwood Jeffrey A
Published: November 2023

The imminent conquest that Japan faced in 1943 had been unimaginable just a few years earlier. Indeed, 1941 had been a heady time for the Axis powers. In June, Nazi Germany invaded the Soviet Union, and Japan was anxious to prepare for its part in the offensive. From the highest levels of the Japanese military came the order for Unit 731 to accelerate its work on plague. The plan was to initiate massive epidemics within the Soviet Union, softening the enemy in preparation for a conventional offensive from the east, as the Third Reich invaded from the west. At 4:45 a.m. on June 22, 1941, 4 million German, Italian, Romanian, and other Axis troops poured over the Soviet border.
Aristotle: Justice and Virtue
Authors: Sandel Michael J
Published: November 2023

Despite their differences, the rights-oriented theories we have studied so far share some important assumptions. One is the assumption that distributive justice is not a matter of rewarding virtue or moral desert. Both Hayek, a libertarian, and Rawls, an egalitarian liberal, emphasize this point. Another is the idea that the measure of a just society is not whether it produces virtuous citizens, but whether it provides a fair framework of rights within which individuals can pursue their own values. Aristotle (384–322 BC) rejects both of these assumptions. He believes that justice consists in giving people what they deserve, and that a just society is one that enables human beings to realize their highest nature, to attain the good life. For Aristotle, political activity is not simply one way among others to pursue our interests; it is an essential ingredient of the good life.
Moral Argument and Liberal Toleration
Authors: Sandel Michael J
Published: November 2023

In Political Liberalism (1993), Rawls argues that the case for detaching justice from substantive moral and religious controversies does not depend on accepting Kantian moral philosophy or a conception of persons as freely choosing, unencumbered selves. Instead, the need to find principles of justice that are neutral among competing conceptions of the good life arises from the fact that people disagree about moral and religious questions. Moreover, these disagreements are reasonable; we should not expect them to give way in the face of arguments that everyone can accept. Political liberalism, Rawls argues, is a response to the fact of reasonable pluralism about the good that prevails in modern democratic societies.
Morality and Law: Same-Sex Marriage, For and Against
Authors: Sandel Michael J
Published: November 2023

The debate over same-sex marriage illustrates competing views, not only about the meaning of marriage but also about the relation of law and morality. What do you consider the best arguments for and against same-sex marriage? Is it possible to decide whether the state should recognize same-sex marriage without taking sides in the moral and religious controversy over the purpose of marriage and the moral status of homosexuality? If it is not possible to find a solution that is neutral on these moral and religious questions, what are the implications for the relation of law and morality? Hillary Goodridge & others vs. Department of Public Health Supreme Judicial Court of Massachusetts, November 18, 2003 Marshall, C.J.
The creative tension between commercial freedom and Belligerent rights
Authors: Gathii James Thuo
Published: November 2023

In the early part of the twenty-first century, the United States has been invoked less as a country that conforms to its international legal obligations than as an “exemplar of might.” This has not always been the case. The early U.S. republic of the late eighteenth century was a relatively weak military and economic country. The United Kingdom, France, the Netherlands and even Spain were more prosperous economically and militarily superior countries than the United States. In this chapter, I focus on the international legal jurisprudence of the Marshall Court during this period of U.S. military and economic weakness.

An examination of this jurisprudence leads to three conclusions. First, that the Marshall Court, primarily motivated by the young country’s relative economic and military weaknesses, adopted a policy of neutrality in international commerce. Second, that in seeking to ensure the United States’ commercial relations conformed to international legal obligations of a neutral nation, the Marshall court played a constructive role in solidifying the early regime of international economic governance through law.
From “Free” to “Open Source”
Authors: Phillips Douglas E
Published: November 2023

in 1998, at least in part as a response to the moralism of the free software movement, a group of people who believed in providing access to source code and rights to modify it coined the less politically charged term “open source” to describe these concepts.1 As Eric Raymond recalls,
Pathophysiology and Genetics of Migraine and Cluster Headache
Authors: Shapiro Robert E
Published: November 2023

Migraine is an episodic neurologic state with widespread effects on other body systems. The experience of migraine episodes or attacks is often recurrent and stereotypical for an individual sufferer, or migraineur. However, it is also true that migraine symptom patterns are clinically heterogeneous and highly idiosyncratic to each migraineur. Consequently, there is no single obligate clinical feature that defines the common form of migraine state by the diagnostic crite- ria now codified in the International Classification of Headache Disorders, 2nd edition (ICHD-2). Migraine is diagnostically categorized based upon the presence (MA) or absence (MO) of aura symptoms (see below) with attacks, though overlap between these entities is common since patients who experience aura rarely do so with every attack. In addition to MO and MA, there are multiple rarer varieties such as hemiplegic migraine, a disorder where aura symptoms may include temporary but prolonged hemiparesis.
Preventive Pharmacologic Treatment of Migraine and Tension-Type Headache
Authors: Tepper Stewart J
Published: November 2023

Daily migraine-prevention medication should be prescribed when migraine frequency and disability are high. Medications should be selected based on comorbidity to treat multiple disorders at the same time, using the highest level of evidence possible. Treatment is initiated at a low dose, with gradual escalation to the effective dose range, and maintained for at least 2 to 3 months, with headache calendars maintained to evaluate outcomes. Headache treatment fails when medication overuse headache or chronic daily headache is present, the wrong drug is selected, too high an initial dose is used, too low a final dose is maintained, too short a duration of treatment is completed, or the patient or doctor has unrealistic expectations. The highest level of evidence for preventive medications in migraine exists for amitriptyline, propranolol, timolol, valproate, and topiramate. Few randomized controlled trials (RCTs) have been performed on frequent or chronic tension-type headache, with the best evidence for amitriptyline.
Pharmacologic Treatment of Trigeminal Autonomic Cephalalgias and Other Primary Headaches
Authors: McGeeney Brian E
Published: November 2023

The headache disorders in this chapter are considerably less common than migraine and tension-type headache. Because of this, there are few good- quality blinded randomized trials from which to sculpt treatment guidelines, in contrast to therapeutic recommendations for migraine. Consequently, pharmacologic guidelines are based on unblinded or non-randomized trials, case series, reports, and anecdotal experience, which form the entirety of “evidence”; nevertheless, one needs to become familiar with the popular suggested options. The therapies presented presume that any underlying secondary cause such as a structural lesion has been ruled out. All of these syndromes may occur secondary to structural causes, and the literature is replete with examples. This chapter will cover all of the primary headaches recognized by the International Classification of Headache Disorders, 2nd edition, with the exception of migraine and tension-type headache, which have been covered earlier. The therapeutic suggestions are comprehensive but not complete, as there are many medications available. The pharmacologic suggestions made here have some support in the literature and should be given strong consideration.
Headache Treatment in Children, Pregnancy and Lactation, the Elderly, and Renal Disease
Authors: Ward Thomas N
Published: November 2023

This chapter concerns the treatment of headache in special populations. It serves the practitioner well to be thoroughly familiar with the ICHD-II when approaching patients with headache as the presenting complaint because one must first be able to make correct diagnoses and then understand the underlying pathophysiology and anatomy to move to the next step in choosing treatment options. This is especially true in treating children, pregnant and lactating patients, and patients with other medical illnesses such as renal disease.
Inpatient Headache Treatment
Authors: Ward Thomas N
Published: November 2023

Headache patients are usually managed on an outpatient basis, but under certain circumstances inpatient treatment may be appropriate. There is limited literature about this, in part because few physicians and few facilities provide this option. If inpatient treatment is considered, then a clear plan for that admission with predetermined goals is necessary. Much can be accomplished in a short time with appropriate planning and patient selection.
Non-Pharmacologic Headache Treatment
Authors: Weeks Randall E
Published: November 2023

Most clinicians agree that biobehavioral factors are important considerations in the assessment and treatment of headache patients. Psychological and behavioral issues become important treatment concerns if the frequency of a patient’s headaches increases, there is increased disability secondary to headaches, and/ or there is inadequate response to usually effective pharmacotherapy. Patients with long histories of chronic headache are candidates for comprehensive treatment strategies that include both pharmacologic and non-pharmacologic treatment modalities. This chapter will offer an introduction to relevant behavioral variables that the physician should consider in the assessment and treatment of headache patients and an overview of non-pharmacologic treatment options for headache patients, including when available the evidence base for such treatments.
Introduction
Authors: Vandevelde Kenneth J
Published: November 2023

Thirty years ago, the United States inaugurated a bilateral investment treaty (BIT) program. Since the beginning of the program, the principal purpose of the BITs has been to protect U.S. investment in foreign countries. The BITs are successors to the Friendship, Commerce, and Navigation (FCN) treaties that the United States had been negotiating since its War of Independence.

In the first 30 years of the program, the United States concluded 46 BITs with coutries in every region of the world. During that same period the United States also concluded 11 free-trade agreements (FTAs) that included investment chapters modeled after the BITs.
Investment Treaties in American Foreign Policy
Authors: Vandevelde Kenneth J
Published: November 2023

The protection of American property in foreign countries has been an explicit goal of U.S. foreign policy since the earliest days of the Republic. Although this goal has remained constant, the means used to obtain such protection have varied. They have included diplomatic, military, legal, and economic remedies.

Protection for U.S. foreign property initially was obtained through the negotiation of a series of treaties known generically as Friendship, Commerce, and Navigation (FCN) treaties. The earliest such agreements were negotiated with European powers during the late eighteenth century. They were directed primarily at establishing maritime and trade relations with those countries.

As Spain’s colonies in the Americas achieved independence in the early nineteenth century, the United States sought to conclude FCN agreements to lay a foundation for commercial relations with these newly formed nations as well. Later in that century, commercial relations with the Far East and Africa also were established through FCNs.

Provisions to protect property owned by nationals of each party appeared regularly in early nineteenth-century FCNs and in successor treaties. Typical provisions guaranteed to such property “full and perfect protection” and imposed on the parties the obligation to pay compensation in the event of expropriation.
The Specific Treatment Provisions
Authors: Vandevelde Kenneth J
Published: November 2023

The bilateral investment treaties (BITs) contain two related provisions intended to facilitate an investor’s management of its foreign investment. One, the entry and sojourn provision, grants an investor and certain employees of an investment a conditional right to be admitted into the host state for purposes of establishing or managing the investment. The other, the employment provision, guarantees to an investment the right to employ the personnel of its choice in certain key positions. This section discusses the former of these two provisions, while the next section discusses the latter.

Although the language used varied considerably, nineteenth-century FCNs commonly guaranteed to nationals of each party the right to enter and reside in the territory of the other party.1 In the 1920s, however, Congress enacted a system of quantitative restrictions on immigration, a policy that was inconsistent with unrestricted entry for nationals of treaty partners. To provide some right of entry for such persons, Section 3(6) of the Immigration Act of 19242 authorized the admission on a nonimmigrant basis of aliens entitled to enter the United States solely to carry on trade under the provisions of an existing treaty of commerce and navigation. A 1932 amendment3 broadened this provision to apply to treaties entering into force after 1924. This provision for the admission of “treaty traders,” which was modified and continued by the Immigration and Nationality Act of 1952,4 permitted entry for purposes of trade but not investment.
The Currency Transfers Provision
Authors: Vandevelde Kenneth J
Published: November 2023

Customary international law does not require that countries permit foreign investors to transfer currency freely into or out of the host country. The imposition of overly burdensome controls on currency transfers, however, may constitute an expropriation giving rise to an obligation to compensate the investor. Regulations on currency transfers that fall short of a compensable taking nevertheless may cause investors considerable loss.

Provisions protecting U.S. investors against transfer restrictions were rare in the pre-modern FCNs. An 1881 FCN with Serbia guaranteed the right to “export proceeds of the sale of property” without paying higher duties than nationals of the host state or any third state. Thus, this earliest protection provided only a right to national and MFN treatment. Moreover, it restricted only the imposition of duties on currency transfers.

The uniform investment protection provision contained in the interwar FCNs made no specific mention of currency transfers. At least one interwar FCN, however, that with Liberia, did guarantee MFN treatment with respect to certain currency transfers.
The Investor-State Disputes Provision
Authors: Vandevelde Kenneth J
Published: November 2023

In the absence of an agreement, an investor who has been expropriated or otherwise injured by a foreign government has few remedies. First, it can pursue any local administrative or judicial remedy it may have in the host country, in effect seeking redress directly from the government against which it has a claim. Because the very law that authorized the wrong may leave the investor with little or no remedy or because local officials may be unwilling to rule in favor of a foreign investor in a dispute with the host state government, this may not be a fruitful approach.

Second, the investor can attempt to negotiate a settlement with the host state. Such a settlement could include arbitration of the dispute by a third party. This remedy, however, obviously is available only where the host state is willing to reach an agreement.

Third, the investor can sue the host state in the courts of the investor’s state or a third state. Such suits, however, often are barred by the doctrine of foreign sovereign immunity, under which municipal courts have no jurisdiction over certain claims against foreign sovereigns. In the United States, the immunity of foreign governments has been codified by the Foreign Sovereign Immunities Act of 1976 (FSIA).
Using Treaties To Define Rules Of Procedure In Investor-State Arbitration
Authors: Onwuamaegbu Ucheora O
Published: November 2023

Arbitration of disputes between foreign investors and host governments are conducted either ad hoc, typically under the UNCITRAL Rules, or under the auspices of an arbitration institution. According to publicly available information, a majority of such institutional proceedings based on a treaty are brought before ICSID.