bluuebunny/crossref_metadata_2025 huggingface dataset:
The Law of the Arbitration
Authors: Kaufmann-Kohler Gabrielle , Rigozzi Antonio
Published: June 2017

This second chapter starts by clarifying the concept of ‘law of the arbitration’ or lex arbitri, underscoring that any arbitration needs to be governed by a national law of arbitration. The chapter then examines how to determine the national arbitration law that governs a specific arbitration by analysing the scope of application of the national arbitration law, especially Chapter 12 of the Private International Law Act (PILA), and distinguishing between international and domestic arbitrations. In this context, the chapter addresses the legal significance the seat of the arbitration, the practical considerations that should guide the selection of the seat, as well as the possibility for parties to arbitrations seated in Switzerland to opt in or out of the (international or domestic) regime governing the arbitration. Finally, the chapter describes the main features of national arbitration laws using Chapter 12 PILA as an example.
The Arbitration Agreement
Authors: Kaufmann-Kohler Gabrielle , Rigozzi Antonio
Published: June 2017

This chapter discusses the notion, content, and effects of the arbitration agreement, defined as an agreement to submit to arbitration all or certain disputes that have arisen or may arise between the parties in respect of a defined legal relationship, whether contractual or not, which may be in the form of a clause in a contract or of a separate ‘submission agreement’ (compromis arbitral). The chapter examines the principle of separability and the requirements for the validity of the arbitration agreement, namely arbitrability, written form, and substantive validity, including the agreement’s formation, interpretation, extension to third parties, and termination. Finally, it discusses to what extent defects of the arbitration agreement can be remedied by conduct.
The Jurisdiction of the Arbitral Tribunal
Authors: Kaufmann-Kohler Gabrielle , Rigozzi Antonio
Published: June 2017

Building upon the discussion on the validity and effects of arbitration agreements in chapter 3, this chapter examines the rules governing the jurisdiction of arbitral tribunals. It addresses a number of questions arising from the arbitral tribunal’s and the courts’ review of arbitral jurisdiction, from the implications of the principle of competence-competence to jurisdictional objections and the effects of parallel proceedings. Special attention is given to topics such as the so-called negative effect of competence-competence, the arbitration-specific lis pendens rule established in Article 186(1) bis PILA and the res judicata effect of prior arbitral or judicial decisions on jurisdiction. The chapter’s final section discusses anti-suit and anti-arbitration injunctions.
The Law Applicable to the Merits and the Award
Authors: Kaufmann-Kohler Gabrielle , Rigozzi Antonio
Published: June 2017

Before describing the main features of an award, this chapter discusses the determination of the law governing the merits of the dispute or lex causae. It considers the role of party autonomy in this respect and examines the scope and content of the potentially applicable substantive laws that may be chosen by the parties or selected by arbitral tribunals, from national laws to transnational rules of law (the so-called lex mercatoria) over trade usages and ex aequo et bono principles. It also discusses the relevance and impact of international public policy and overriding or internationally mandatory rules. Turning to the award, the last part of the chapter sets out a typology of arbitral decisions, addresses the required form and content of awards and discusses the deliberation process as well as issues such as institutional scrutiny, dissenting opinions, and the notification, publication, and effects of the award.
The Regulation of Lending Business
Authors: Proctor Charles
Published: June 2017

This chapter discusses the regulation of lending in the UK. It covers consumer credit, mortgage regulation, and The Lending Code. It suggests that apart from very specific cases in which the bargaining position of the borrower is viewed as particularly weak, the making of loans and the terms on which they are to be made available is essentially unregulated in the UK.
The Regulation of Payment Services
Authors: Proctor Charles
Published: June 2017

This chapter focuses on the EU's Payment Services Directive. It discusses the implementation of the Payment Services Directive; the meaning of the term ‘payment service’; the authorization requirement for entities that provide payment services; the different types of available authorizations and applicable conditions; ‘conduct of business’ requirements for the protection and information of service users; the rights and obligations of payment institutions and service users; rules on access to payment systems; powers of the UK Financial Conduct Authority (FCA); and the parallel development of the Single Euro Payments Area (SEPA).
Capital Adequacy, Liquidity, and Large Exposures
Authors: Proctor Charles
Published: June 2017

This chapter examines the current capital adequacy framework and associated provisions designed to ensure that a bank's business is managed on a prudent basis. It also considers other closely allied topics which may affect the stability of the banking system, namely, liquidity and large exposure requirement. Topics discussed include the origins of the Basel Standards; Basel 2 and Basel 3 rules; the calculation of risk-weighted assets; the nature and effect of credit risk mitigation techniques; market risk; operational risk; and reform on Basel 2.
Money Laundering Legislation
Authors: Proctor Charles
Published: June 2017

This chapter considers the impact of anti-money laundering and anti-terrorist financing legislation on a bank's business. It provides a broad international background to anti-money laundering initiatives. It also gives an overview of the UK regulatory environment. The chapter then explains customer identification requirements; the substantive money laundering offences created by the Proceeds of Crime Act 2002; anti-terrorism legislation; and the civil consequences of the anti-money laundering framework.
UK Bank Mergers and Business Transfers
Authors: Proctor Charles
Published: June 2017

This chapter considers Part VII of the Financial Services and Markets Act 2000 (FSMA), which introduced a new regime for the transfer of a banking business, together with broader legislation designed to facilitate cross-border mergers. It discusses the effect of Part VII; the scope of Part VII; procedures under Part VII; the effect of court sanction; the requirement for ring-fencing; the special rules applicable to ring-fencing transfer schemes; mergers and transfers of building societies and mutuals; and cross-border mergers regulations.
Foreign Bank Mergers
Authors: Proctor Charles
Published: June 2017

This chapter examines the consequences of foreign bank mergers achieved under the law of another country but which may have consequences in the UK. It discusses the recognition of the merger; the transferred assets and liabilities; consequences for the transferor; consequences for transactions; consequences for transaction counterparties; and the cross-border mergers regulations.
Bank Rescues and Financial Stability in the United Kingdom
Authors: Proctor Charles
Published: June 2017

This chapter considers recent UK legislation to deal with bank insolvencies and issues of systemic stability. It discusses the collapse of Northern Rock in 2007; the bespoke legislation — the Banking (Special Provisions) Act 2008 — introduced to deal with the nationalization of Northern Rock; the ensuing difficulties encountered by larger institutions; the Banking Act 2009; the terms of the government's asset protection scheme; and the Bank of England's role as ‘lender of last resort’.
Cross-Border Reorganization and Winding Up of Banks
Authors: Proctor Charles
Published: June 2017

This chapter focuses on the Directive of the European Parliament and of the Council on the Reorganisation and Winding up of Credit Institutions. It discusses the scope of the Directive; the impact of the Directive in the context of the reorganization or winding up of an EU credit institution; the consequences of the Directive in relation to the insolvency of institutions established outside the European Economic Area (EEA); and the assistance which the English courts may provide to the liquidator or receiver of a foreign financial institution.
The Banker–Customer Contract
Authors: Proctor Charles
Published: June 2017

This chapter considers the nature of the basic contractual relationship between the bank and its customer. It covers the meanings of ‘banker’ and ‘customer’; the general nature of the banker–customer relationship; the terms of the banker–customer contract; the customer's duties to the bank; and the regulation of the contractual terms of the banker-customer relationship.
Electronic Funds Transfers
Authors: Proctor Charles
Published: June 2017

There are various means of effecting a payment between a debtor and a creditor. This chapter focuses on payment by means of a transfer from the payee's account to an account of the creditor. It discusses electronic funds transfers systems; the legal nature of electronic funds transfers; the legal consequences of a payment by means of an electronic transfer; and liabilities to third parties.
The Bank as a Lender
Authors: Proctor Charles
Published: June 2017

Banks provide loan facilities and other accommodation to their customers in a variety of ways. The best known forms of facility include overdrafts and term loans, which are considered in this chapter.
Swaps and Derivatives
Authors: Proctor Charles
Published: June 2017

This chapter provides a brief overview of swaps and derivatives. It discusses interest rate swaps; currency swaps; default and termination; the netting of multiple contracts on default and collateral issues; certain defences available to a swap counterparty on the basis of its contractual capacity; and recent issues arising from the alleged mis-selling of swap products.
Charges Over Receivables
Authors: Proctor Charles
Published: June 2017

A lender may wish to take security over debts owing, or to become owing, to its borrower. Often, a charge over the benefit of book debts owing to the borrower will simply form a part of the standard security package, and will be included as a part of a fixed and floating charge over the entire assets and undertaking of the borrower. This chapter discusses the essential validity of security over book debts; charge over foreign receivables; and the priority of successive charges over receivables.
Charges Over Real Estate
Authors: Proctor Charles
Published: June 2017

This chapter on charges over real estate focuses on registered land. It covers the nature of the asset; the nature of the security; the extent of the security; registration of the security; remedies of the mortgagee; the taking of security over residential property which is jointly-owned by the sole borrower and his spouse/partner; and security over foreign land.
Charges Over Aircraft
Authors: Proctor Charles
Published: June 2017

This chapter provides an overview of aircraft finance and security, focusing on aircraft registered in the UK. It discusses the priority of competing mortgages and security interests over aircraft; validity of a charge over an aircraft both the country of registry and the place of physical location at the time of the charge; and international issues concerning the recognition and enforcement of proprietary interests in aircraft.
Vitiating Factors—‘Financial Assistance’
Authors: Proctor Charles
Published: June 2017

This chapter considers the rules preventing a company from financing an acquisition of its own shares. It discusses the financial assistance prohibition under Section 678(1) of the Companies Act 2006; the scope of the prohibition; the ‘larger purpose’ and other exemptions; and the consequences of breach.
Freezing Injunctions and International Banks
Authors: Proctor Charles
Published: June 2017

This chapter examines the position of a bank which is notified of the existence of a freezing injunction; it considers at the scope of its responsibilities and liabilities. The discussions cover the nature and effect of a freezing injunction; the action to be taken by a bank on receipt of notice of a freezing injunction; the impact of the injunction on the relationship between the bank and its customer; the relationship between the bank and the applicant for the injunction; the relationship between the bank and certain third parties; and the territorial issues raised by orders of this kind.
Corporate and Regulatory Issues
Authors: Proctor Charles
Published: June 2017

This chapter examines corporate and regulatory issues which have arisen within the UK with respect to the authorization and business of Islamic financial institutions. It discusses the constitutional structure of Islamic banks; regulatory standards and guidelines; deposit-taking; collective investment schemes; and Islamic home finance.
Financial Products as Investments under Bilateral Investment Treaties and Other Multilateral Instruments with Consents to Arbitration
Authors: Rivkin David W , Friedman Mark W
Published: June 2017

This chapter discusses the status of financial products as qualifying investments under bilateral and multilateral treaties that contain protections for foreign investment, including the signatory States' consent to submit investor-State disputes to international arbitration. It first describes how an investor and a State consent to proceed to arbitration under such a treaty. Second, it discusses how a qualifying investment is generally defined for purposes of investor-State treaty arbitration. Third, it addresses significant treaty and case law developments relating specifically to financial products — such as loan agreements, sovereign bonds, and derivatives — as qualifying investments. These developments shed light on the key questions of whether an investment exists; whether the investment was made in the territory of the host State; and whether the investment was made by the claimant investor. The chapter concludes with comments on the trend favouring inclusion of financial instruments within the definition of investment.
Remedies—Interim Measures
Authors: Collins Lawrence , Dhar Siddharth
Published: June 2017

This chapter discusses the power of a tribunal to grant interim relief and the standards applicable to the grant of interim relief. Parties may seek procedural interim protections in international arbitration to prevent the arbitral process from being undermined by a recalcitrant party, or to further the efficient disposition of the dispute. Common procedural protections that might be available from an arbitral tribunal include: anti-suit injunctions, to restrain a party to the arbitration agreement from bringing or pursuing competing proceedings in breach of the arbitration agreement; orders to protect the confidentiality of the proceedings; and orders to preserve evidence or to disclose important or relevant documents.
The Approval and Regulation of Individuals
Authors: Morris Simon
Published: June 2017

This chapter concerns the approval and the regulation of individuals—specifically the senior management and customer-facing staff of a firm. Following the collapse of institutions such as Northern Rock (2007), it was agreed that the regulator should engage more intensively with firms over senior management’s competence and technical skills. This chapter considers the requirement for approval, the application process for approval, the possibility of withdrawal of approval, and the penalty for performance of a controlled function without approval. It then considers the Financial Conduct Authority’s (FCA) power to prohibit an individual from performing certain functions, or to take disciplinary action against an individual guilty of misconduct. Finally, the FCA and Prudential Regulatory Authority’s (PRA) ability to make rules of conduct, and the application of the Statements of Principle and Code of Practice for Approved Persons (APER), are discussed.
Supervision and Other Powers
Authors: Morris Simon
Published: June 2017

This chapter examines the topic of Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) supervision. Supervision is the regulatory function of seeking to ensure that firms are complying with the regulators’ principles, rules, and other policies. Under the FCA and PRA self-regulation and light-touch supervision have been rejected in favour of approaches that ensure the resilience of the financial system. This chapter studies the process by which the regulators review authorised persons’ activities to check for compliance with their standards, together with five further regulatory processes or powers: change in control, powers over parent undertakings, short selling, the regulation of two specific market segments, and insolvency.
Bank Resolution and Bank Groups
Authors: Gleeson Simon , Guynn Randall
Published: June 2017

This chapter looks at how the structure of bank groups is factored into the resolution process. In analysing the resolution of banks and other legal entities, a focus on the legal entities alone is a form of false consciousness. Instead, the focus needs to be on resolving the overall financial enterprise of which the bank is a part. By focusing on resolving groups instead of individual legal entities, financial regulatory authorities around the world have developed the single-point-of-entry (SPE) resolution strategy, which has been widely accepted as the most promising solution to the too-big-to-fail problem. When applied to a banking group with a holding company at the top and operating subsidiaries at the bottom, only the top-tier holding company would be put into a bankruptcy or resolution proceeding. The holding company’s assets would then be used to recapitalize the operating subsidiaries, perhaps pursuant to secured capital contribution agreements, and keep them out of their own insolvency or resolution proceedings. The recapitalized group would then be stabilized and its residual value distributed to the failed holding company's stakeholders in satisfaction of their claims.
Fundamentals of Resolution Authority
Authors: Gleeson Simon , Guynn Randall
Published: June 2017

This chapter looks at the history and fundamental elements of resolution authority as it has been developed and used in the United States. The goal of resolution authority in the United States has been to deal with failed banks and other financial institutions in a manner that stems runs, avoids contagion and preserves critical operations, the same goal as deposit guarantee schemes. First introduced in the United States in 1933 as part of the deposit insurance programme for banks, resolution authority was originally little more than the method by which the Federal Deposit Insurance Corporation honoured its obligations to insured depositors before evolving to its current state. Resolution authority, as conceived in the United States, has two principal components—the core resolution powers and the claims process. The core resolution powers consist of the authority to quickly separate the assets and viable parts of a failed bank's business (the good bank) from its capital structure liabilities (the bad bank), so that its critical operations are preserved and runs and contagion are avoided. It is virtually always completed in the United States over a weekend commonly known as resolution weekend. The claims process involves determining the validity and amount of the claims of individual holders of capital structure liabilities in accordance with ordinary principles of due process and distributing the residual value of the good bank to such holders in satisfaction of their claims. The claims process typically takes at least six to nine months to be completed in order to comply with ordinary principles of due process for potential claimants.
Resolution Planning
Authors: Gleeson Simon , Guynn Randall
Published: June 2017

This chapter describes the resolution planning process in the United States for liquidating, reorganizing, or otherwise resolving systemically important financial institutions that have reached the point of non-viability. Resolution is the last stage along the full continuum of contingency planning from risk management, to early remediation, to recovery planning, to resolution planning, that is sometimes referred to as a ‘living will’. Activating a resolution plan would be a last resort, when various ex ante solutions designed to reduce the likelihood of failure have been unsuccessful. Preparing and regularly updating a resolution plan is required under Title I, section 165(d) of the Dodd‒Frank Act, which applies to all bank holding companies (BHCs) and foreign banking organizations with assets of $50 billion or more, as well as any non-bank financial institution that has been designated as systemically important.
Resolution in the European Union
Authors: Gleeson Simon , Guynn Randall
Published: June 2017

This chapter analyses the Bank Recovery and Resolution Directive and how it is applied to banks and investment firms alike. The BRRD establishes an improved resolution framework to be implemented among the member states of the European Union. The scope of its application is broader than most bank resolution regimes, since in the aftermath of the 2008 financial crisis, it became abundantly clear that the failure of an investment firm could do just as much damage to the financial system as the failure of a deposit taking bank. The chapter considers the legal framework governing the interaction of the EU Resolution Fund, the European Stability Fund, and the contributions of member states in resolving an EU bank.
United Kingdom—General Approach
Authors: Gleeson Simon , Guynn Randall
Published: June 2017

This chapter explains how the UK bank resolution is managed, as the United Kingdom is unusual amongst EU countries in a number of ways as regards resolution. In particular, the UK authorities have set out in their approach documents a detailed plan as to how resolution powers might be used in different circumstances, and these plans are described and analysed. The basis of the approach is the division of bank resolutions into three phases: the stabilization phase, in which the provision of critical economic functions is assured, either through transfer to a solvent third party or through bail-in to recapitalize the failed firm; the restructuring phase, during which any necessary changes are made to the structure and business model of the whole firm or its constituent parts to address the causes of failure; and the exit from resolution, where the involvement of the resolution authority in the failed firm and any successor firms comes to a close. The chapter also considers the special regimes—the bank insolvency regime, the bank administration regime, and the investment firm special administration regime.
Chinese Investment Treaties
Authors: Gallagher Norah , Shan Wenhua
Published: June 2017

China's success in attracting foreign direct investment (FDI) in the last decade is undisputed and unprecedented. It is currently the second largest FDI recipient in the world, a success partially due to China's efforts to enter into bilateral investment treaties (BITs) and other international investment instruments. This book is a comprehensive commentary on Chinese BITs. Chinese investment treaties have typically provided international forums for settling investment disputes such as the International Centre for the Settlement of Investment Disputes (ICSID). Given the continuous growth of FDI in China, the emergence of state-investor disagreements in China, and the dramatic rise of investment treaty based arbitrations world wide in recent years, it is anticipated that there will be an increasing number of investment arbitrations involving the central and local governments of China. This book reviews and analyzes China's approach to foreign investment. It considers the current role of investment treaties in China's foreign economic policy, analyzes and interprets the key provisions of the BITs, and discusses the future agenda of China's investment program. It looks at how this investment regime interconnects with the domestic system and considers the implications for a foreign investor in China.
International Investment in China and the Bit Programme
Authors: Gallagher Norah , Shan Wenhua
Published: June 2017

This chapter examines the changing role of China in international investment, including a historical review followed by a discussion of the main forms of foreign investment in China. It then analyzes aspects of the Chinese investment treaties, focusing on the evolution and features of the BIT programme and the legal status of investment treaties within the Chinese legal system. The chapter ends with a brief introduction to the book.
Fair And Equitable Treatment
Authors: Gallagher Norah , Shan Wenhua
Published: June 2017

Like other bilateral investment treaties (BITs), Chinese BITs establish a set of general standards of treatment accorded to foreign investors by the host state. The most commonly found general standards of treatment include fair and equitable treatment (FET), (full) protection and security (PNS), most favoured nation treatment (MFN), and national treatment (NT). The first two belong to the group of non-contingent standards (or so-called “absolute standard of treatment”), whilst the latter two are forms of contingent standards (or “relative standards of treatment”). Absolute standards do not depend on treatment granted to other investors. In contrast, the relative standards are contingent on treatment given to other categories of investors, nationals of the host state in the case of NT and investors from third states for the MFN. This chapter begins with an examination of the FET standard, focusing on the different approaches of interpretations that have been developed in theory and in arbitration practice. It then analyzes the standard under Chinese BITs and assesses the implications of its standard format and any variations.
Settlement Of Investor–State Disputes
Authors: Gallagher Norah , Shan Wenhua
Published: June 2017

The dispute-resolution provisions in bilateral investment treaties (BITs) have become the “ultimate” investor protection in modern investment treaties. This chapter reviews the different types of dispute-resolution provisions of the Chinese BITs. It first looks at the choice of arbitrations made in its treaties, ICSID, ad hoc, or other arbitration rules. It then continues to review the two main types of investor-state dispute-resolution clauses in China's BITs: restrictive—where the BIT permits international arbitration of disputes on the amount of compensation for expropriation only; and more liberal or expansive—which allows access to international arbitration for all disputes between the investor and host state. It then considers a topic of particular interest right now for investors and potential investors in China: the application of the MFN clause to dispute resolution. Finally, it looks at the applicable law to dispute settlement and the requirement to exhaust domestic remedies.
Conclusions: Towards A New Model Investment Treaty For China
Authors: Gallagher Norah , Shan Wenhua
Published: June 2017

This chapter begins with a general assessment of the existing Chinese investment treaties. It then considers the general considerations and specific changes for a New Model investment treaty. It argues that now is the right time for China to consider seriously a more sophisticated, forward-looking model investment treaty of its own, rather than merely following the prototypes developed by European states as it has done so far. The New Model promotes a balanced approach towards investment protection, since recent moves around the world have demonstrated that the traditionally one-sided investment treaty model cannot be sustained.
The formation of giant planets in wide orbits by photoevaporation-synchronized migration
Authors: Guilera O. M. , Miller Bertolami M. M. , Ronco M. P.
Published: June 2017

The discovery of giant planets in wide orbits represents a major challenge for planet formation theory. In the standard core accretion paradigm, planets are expected to form at radial distances ≲20 au in order to form massive cores (with masses ≳10 M⊕) able to trigger the gaseous runaway growth before the dissipation of the disc. This has encouraged authors to find modifications of the standard scenario as well as alternative theories like the formation of planets by gravitational instabilities in the disc to explain the existence of giant planets in wide orbits. However, there is not yet consensus on how these systems are formed. In this Letter, we present a new natural mechanism for the formation of giant planets in wide orbits within the core accretion paradigm. If photoevaporation is considered, after a few Myr of viscous evolution a gap in the gaseous disc is opened. We found that, under particular circumstances planet migration becomes synchronized with the evolution of the gap, which results in an efficient outward planet migration. This mechanism is found to allow the formation of giant planets with masses Mp ≲ 1MJup in wide stable orbits as large as ∼130 au from the central star.
Staged Stereotactic Radiosurgery for Large Brain Metastases: Local Control and Clinical Outcomes of a One-Two Punch Technique
Authors: Dohm Ammoren , McTyre Emory R , Okoukoni Catherine , Henson Adrianna , Cramer Christina K , LeCompte Michael C , Ruiz Jimmy , Munley Michael T , Qasem Shadi , Lo Hui-Wen , Xing Fei , Watabe Kounosuke , Laxton Adrian W , Tatter Stephen B , Chan Michael D
Published: June 2017

BACKGROUND

Treatment options are limited for large, unresectable brain metastases.

OBJECTIVE

To report a single institution series of staged stereotactic radiosurgery (SRS) that allows for tumor response between treatments in order to optimize the therapeutic ratio.

METHODS

Patients were treated with staged SRS separated by 1 mo with a median dose at first SRS of 15 Gy (range 10-21 Gy) and a median dose at second SRS of 14 Gy (range 10-18 Gy). Overall survival was evaluated using the Kaplan-Meier method. Cumulative incidences were estimated for neurological death, radiation necrosis, local failure (marginal or central), and distant brain failure. Absolute cumulative dose–volume histogram was created for each treated lesion. Logistic regression and competing risks regression were performed for each discrete dose received by a certain volume.

RESULTS

Thirty-three patients with 39 lesions were treated with staged radiosurgery. Overall survival at 6 and 12 mo was 65.0% and 60.0%, respectively. Cumulative incidence of local failure at 6 and 12 mo was 3.2% and 13.3%, respectively. Of the patients who received staged therapy, 4 of 33 experienced local failure. Radiation necrosis was seen in 4 of 39 lesions. Two of 33 patients experienced a Radiation Therapy Oncology Group toxicity grade > 2 (2 patients had grade 4 toxicities). Dosimetric analysis revealed that dose (Gy) received by volume of brain (ie, VDose(Gy)) was associated with radiation necrosis, including the range V44.5Gy to V87.8Gy.

CONCLUSION

Staged radiosurgery is a safe and effective option for large, unresectable brain metastases. Prospective studies are required to validate the findings in this study.
Introduction
Authors: Victor Jennifer Nicoll , Montgomery Alexander H. , Lubell Mark
Published: June 2017

This volume is meant to be a foundational resource on the study of networks in politics. This introductory chapter sets the stage for the chapters in this volume, which revolve around three central questions: What is political network analysis? How does it provide insight into important political phenomena? Why is it crucial for all political analysts to engage in network analysis? The opening argument is that networks are crucial for the study of politics and can bridge the micro-macro divide. After providing a brief history of the application of networks in political science, this chapter engages in a visual analysis of the development of the literature on political networks. This investigation shows the cross-cutting ties among academic subfields and highlights the central contributions to the literature. It also provides an overview of the chapters and concludes with the editors’ thoughts on the future of political network analysis.
Country Music and Fan Culture
Authors: Wynn Jonathan
Published: June 2017

As this chapter suggests, country music’s success can be measured not just in records sales, but as based in nurturing an elaborate and committed fan culture. Through characteristic rituals and using new media and technology, the distance between production and consumption expands and contracts. The historical and close collaboration between the industry and country fandom makes the genre distinctive. The chapter also discusses country fan club culture, which assures inclined fans some chance for communalism and possible contact with artists themselves. The complex and changing relationship between the more formal media and trade organizations and the more informal club culture is another unique aspect to country music’s fandom. In addition, there is perhaps no better way to understand country fandom than two forms of interactions: “meet-and-greets” and the interactions in and around the annual CMA festival.
Whither the Two-Step
Authors: Neal Jocelyn R.
Published: June 2017

This chapter describes and interprets social dance within country music’s fan culture beginning with a historical summary and then focusing on 2005–2015. It explores how dances are learned within fan communities, using the Sweetheart Schottische as a case study. It then traces the adoption of hip hop, rock, and pop into country line dancing, a return to regional differentiation of dance styles, and the migration of more traditional forms of country dancing out of country nightclubs. These shifts correspond to a significant change in how country music defines and incorporates aspects of musical history, especially the adoption of a more rock lineage. In an era marked by “bro-country,” both country music and the accompanying dance styles show an assimilation into mainstream popular culture, confronting and adapting aspects of country identity including dance that historically created a stark differentiation between country and other genres.
Country Music and Class
Authors: Edwards Leigh H.
Published: June 2017

This chapter establishes how class is a key category of analysis for country music studies because the genre is still symbolically associated with a southern white working-class audience and milieu and shares much in common with long-running thematic traditions in country music, even though audiences have always been broader. Through case studies about Johnny Cash as well as about Dolly Parton and the hillbilly trope, the chapter demonstrates the importance of discussing class in relation to gender and race in the genre. Class themes in country music can be multivalent. The chapter also links class to the genre’s regional folk culture roots and details the relevance of the blurred, arbitrary categories of folk culture and mass culture to country music.
What’s International About International Country Music?
Authors: Gibson Nathan D.
Published: June 2017

Drawing attention to the increasing study of “international country music,” this chapter attempts to define this field as well as provide a classification system for analyzing the different ways “international” and “country music” have been paired. It challenges the assertion that country music remains a purely American art form by tracing the international roots, international reach, and international representation within American country music and by presenting three different country music case studies in Australia, Brazil, and Canada. These case studies illustrate how national identity and country music are linked in places outside of the United States and how international permutations are often reflections of local, lived experience. Ultimately, this chapter presents alternatively interpreted identity associations with class, gender, race, and politics that are distinctly separate from the Nashville-based American country music industry and that lead to a more complex, multicentered understanding of country music throughout the world.
Country Music and Television
Authors: Laird Tracey
Published: June 2017

The country music variety show Hee Haw simultaneously hearkened back to radio era precedents and embraced cutting edge production and editing techniques. This chapter situates Hee Haw’s 1969 debut among earliest examples of televised country music that merely added visual components to radio formats, followed by sitcoms like the Andy Griffith Show or Beverly Hillbillies that used country music for added color and bumpkin humor. Hee Haw embraced a rapid-fire, nonnarrative, “postmodern” aesthetic directly inspired by its predecessor, Laugh-In. Distinct from contemporary variety programs hosted by Johnny Cash or Glen Campbell, Hee-Haw taped in a studio with no live audience and efficiently pieced together its season via computerized, time-coded editing. Perpetuating comedic hillbilly stereotypes yet with a winking, tongue-in-cheek sense of sophistication, Hee Haw was purged from the CBS network in 1971 and continued production of new seasons via syndication until 1992.
Country Music and the Recording Industry
Authors: Hughes Charles
Published: June 2017

This chapter explores the role of the recording industry in framing and fueling the development of country music from the 1920s to the present. It primarily examines the way that artists, producers, and record companies developed and manipulated the tenacious debate between “tradition” and “crossover” that continues to structure the music as art, commodity, and cultural symbol. The notion of country authenticity is a function of the attempt to establish country as a distinct and sellable genre. While the recording industry (particularly in Nashville) often gets cast as the villain in debates over country “authenticity,” this chapter suggests that a historical examination of this relationship reveals a more complicated story that has marked the careers of artists from Jimmie Rodgers to Taylor Swift. Swift’s notable work with social media, viral videos, and other components of the media landscape facing recording artists in the 2000s is the latest iteration of a much longer story for country artists, audiences, and record labels.
Country Music and Film
Authors: Mazor Barry
Published: June 2017

This chapter presents an overview of available writing and research materials within country music history and cinema studies disciplines on the interaction of commercial country music and theatrical motion pictures—how the music and its practitioners have been represented on-screen and reception of both have been affected by that representation, and how the music has contributed to films. The deficit in systematic resources for study is described—the lack of country music film archives, filmographies of related motion pictures, and dedicated catalogues. Literature (or its absence) engaging country music and the screen as they evolved and related in the silent, prewar sound, postwar country music boom, and post-1970 “New Hollywood” periods is outlined. How country music performances have served narratives and as self-contained cinematic elements are differentiated, and film’s continuing use as an agency for shaping country’s cultural respectability is outlined.
Learning While Deciding in Groups
Authors: Tindale R. Scott , Winget Jeremy R.
Published: June 2017

Groups are used to make many important societal decisions. Similar to individuals, by paying attention to the information available during the decision processes and the consequences of the decisions, groups can learn from their decisions as well. In addition, group members can learn from each other by exchanging information and being exposed to different perspectives. However, groups make decisions in many different ways and the potential and actual learning that takes place will vary as a function of the manner in which groups reach consensus. This chapter reviews the literature on group decision making with a special emphasis on how and when group decision making leads to learning. We argue that learning is possible in virtually any group decision-making environment, but freely interacting groups create the greatest potential for learning. We also discuss when and why groups may not always take advantage of the learning potential.
Team Diversity and Learning in Organizations
Authors: Knippenberg Daan van , Mell Julija N.
Published: June 2017

We review evidence regarding the relationship between (team) diversity in organizations and (team) learning. Team diversity has long been understood as an informational resource for teams to benefit from in knowledge work, and there is a strong conceptual linkage between team diversity and team learning. There are very few studies on the diversity–learning relationship, however. To contextualize our review of these, we first review theory and evidence regarding the team diversity–team performance relationship. This paints a picture of team diversity as having moderated effects: Diversity as an informational resource is a potentially positive influence, but diversity is also a potentially negative influence when it invites intergroup biases. Our review of the learning evidence shows that it fits within this broader framework of moderated team diversity effects. We also discuss cross-level influences that extend this team-level framework.
Trust and Democracy
Authors: Warren Mark
Published: June 2017

Democracy and trust have an essential but paradoxical relationship to one another. Democracies depend on trust among citizens, enabling them to depend upon one another. Trust in governments enables citizens to provide collectively conditions for good lives. Yet the institutions of democracy were founded on distrust, especially of the powerful. What kinds of trust does a democracy need? How can we balance the distrust of power essential to democracy with the kinds of trust necessary for good lives? This chapter provides an analysis of trust from the standpoint of the normative and functional requirements of democratic political systems.
Cross-National Comparative Communication and Deliberation About the Risks of Nanotechnologies
Authors: Pidgeon Nick , Harthorn Barbara Herr , Satterfield Terre , Demski Christina
Published: June 2017

This chapter presents some of the methodological and philosophical challenges faced when conducting public engagement with emerging technologies. The intellectual origins and challenges of conducting upstream public engagement for science communication are discussed, illustrated through the case of nanotechnologies. A series of cross-national workshops held simultaneously in the United States and the UK are described. Findings included that benefits continued to be weighted more heavily than risks in participants’ perceptions of nanotechnologies, as well as did the type of application; that there were more US–UK cross-cultural similarities than differences in the data; the differences that did emerge were both subtle and contextual; and that discourses about social concerns rather than physical risk issues were more salient for participants in both countries. Four methodological challenges for upstream engagement are outlined. We argue that we must also place diverse publics and other concerned stakeholders at the heart of processes of responsible innovation
Science Communication and Museums’ Changing Roles
Authors: Cain Victoria , Rader Karen A.
Published: June 2017

This chapter outlines museums’ historical and contemporary approaches to science communication, detailing how they have used exhibits and public programming to balance their twinned missions of scientific research and public education. It describes the history of these institutions, and the various forms—natural history museum, science museum, and science center—they assumed in the twentieth century. It explains how and why approaches to exhibition changed, discussing the rise of hands-on, interactive, and immersive displays, and museums’ shifting attitudes toward the visitors in their halls. It also reviews longstanding and current challenges museums face as they strive to communicate with diverse audiences about scientific process, practice, and discoveries.
What Do We Know About the Entertainment Industry’s Portrayal of Science? How Does It Affect Public Attitudes Toward Science?
Authors: Shanahan James
Published: June 2017

Because the entertainment media command most of the attention of the mass audience most of the time, across the years scholars have devoted significant energy to understanding their impact. However, despite the large amount of entertainment content that is science-focused, the field of science communication has focused comparatively little attention on it. Not many researchers have assumed that entertainment bears an important relationship on how we understand science issues. The research that does exist reveals that early on scientists were portrayed on television in distorted ways that may have led to fear of science. Recent work, though, has shown a more complex picture. Some aspects of science are more positively cast, which may contribute to the resilience of science as a trusted institution. Future, more complex, entertainment environments are likely to yield even more complex effects.
How Narrative Functions in Entertainment to Communicate Science
Authors: Kaplan Martin , Dahlstrom Michael
Published: June 2017

Entertainment media can use storytelling—narrative tools like drama, characterization, and conflict—to draw audiences deeper into scientific content. Without careful scrutiny of the content being conveyed, entertainment has the potential to distort scientific knowledge and warp beliefs, but entertainment also has the useful power to capture attention, increase engagement, and promote the understanding and enjoyment of science. Narratives are the underlying structure of entertainment media and represent a unique communication tool for portraying science in ways that intersect with human experience. This chapter provides an overview of the psychological, social, professional, and ethical ways that narrative formats of communication function within entertainment media to communicate science to public audiences. Three short narratives within the chapter embody the risks and potentials of communicating science with storytelling.
A Recap
Authors: Akin Heather , Landrum Ashley R.
Published: June 2017

This synthesis chapter summarizes the central themes from the essays in Part VI of the handbook. The uniting refrain of this section is the important role of the audience, and specifically how audience choices, attention, biases, and heuristics affect interpretation of complex scientific topics. We first summarize what we term “phenomena of selection” and describes empirical insights indicating that audience and communicator choices can cause diverging views. The second focus is how audiences reason about scientific information, with particular attention to some of these biases and motivations relied on in these contexts. The unique challenges these phenomena pose to the field are then discussed, including (a) how communicators can effectively condense scientific information while retaining accuracy and the interest of audiences and (b) how science communication must accommodate for audiences’ use of values and cognitive shortcuts to make sense of these issues.