bluuebunny/crossref_metadata_2025 huggingface dataset:
The UN Global Compact: Corporate Social Responsibility in India and Russia
Authors: Henry Laura A. , Sundstrom Lisa McIntosh
Published: October 2021

This chapter compares participation of NGOs from India and Russia in the UN Global Compact (UNGC). It identifies a puzzling difference: Indian NGOs have joined the UNGC with equal enthusiasm to Indian companies, while Russian companies vastly outnumber NGOs. The UNGC is an example of a governance initiative that attracted robust NGO participation at first, but offers relatively low authority and lacks specific tools for NGOs to engage in domestic mediation and participate in decision-making, which may lead to stagnation. In addition, competing domestic CSR initiatives may provide alternative venues for NGOs and business actors that disperse their participation. However, domestic government policy measures may stimulate NGOs’ engagement with parallel global governance institutions. Indian NGO mediation efforts have been more effective than those of Russian NGOs due to different industrial profiles and export orientations, domestic government policies on CSR, and traditions of corporate philanthropy.
Confessional Sovereignty and the Formation of a Muslim Legal Other
Authors: Greble Emily
Published: October 2021

What did it mean for one confessional group to have a separate legal system within a centralizing legal order? Who would decide where jurisdictional boundaries would be drawn? Who would pay for this system and make decisions on its behalf? How would conflicts be resolved? This chapter explores the system of overlapping sovereignties and contested jurisdictional domains that Muslims in Serbia, Montenegro, and Austria-Hungary slowly worked out in the decades after the Congress of Berlin. It analyzes the kinds of debates that occurred between civil lawmakers and Islamic jurists over jurisdiction and highlights the complicated role of the Ottoman Empire in questions of Muslims’ rights and legal regimes.
The Shari’a Mandate and Yugoslav Nation-Building
Authors: Greble Emily
Published: October 2021

What did it mean to have a Shari’a judiciary in a centralizing European state? How did it operate? This chapter explores early conflicts over the nature of the Shari’a judiciary and Islamic institutions and their place in Yugoslav nation-building. It illuminates how Muslims found spaces for agency within the new system to shape Muslim societies and concepts of political belonging while at the same time facing tremendous pressures from Yugoslav state authorities, who sought to seize on the Shari’a judiciary as a mechanism to intervene in and supervise Muslims’ lives. The chapter also illuminates rifts occurring among Muslim leaders over how to respond to the demands of modernization and nationalization.
The Eradication of the Shari’a Legal Order in Tito’s Yugoslavia
Authors: Greble Emily
Published: October 2021

The communist Partisans won World War II and reconstituted a Yugoslav state. Within a year, they negated a half-century of legal and political experiments on what constituted Muslim citizenship: they eliminated Shari’a law and the Shari’a judiciary, dismantled other sacred Islamic institutions, and coopted the Islamic legal profession. Their vision of a Marxist social revolution called for erasing class differences and severing connections between members of the traditional Muslim elite and the Muslim masses. They paired reforms in education, gender equality, law, and land ownership with repressive strategies, such as the expropriation of property, mass arrests of class enemies, work camps, purges, show trials, and executions. From 1945 to 1949, a distinct form of Islamic resistance emerged to combat communism. Guided by local and global ideologies of political Islam and anti-communism, different groups of Muslim activists, bandits, and dissidents organized to subvert the encroaching atheistic state. This chapter investigates Muslims’ diverse responses to and experiences within the socialist revolution of the late 1940s.
Murdoch’s Diagnosis
Authors: Lipscomb Benjamin J.B.
Published: October 2021

This chapter traces Iris Murdoch’s philosophical development and the contributions she made to the school of thought shaped by herself, Anscombe, Midgley, and Foot, before she left academic philosophy for the literary world. Murdoch’s embrace of existentialism was short-lived, but her knowledge of continental philosophy helped her to “diagnose” that French existentialists and British linguistic philosophers shared a faulty world-picture. They saw humanity as alone in a value-free universe, choosing principles and imposing meaning at will. Nonetheless, these thinkers covertly and inconsistently implied that there are superior ways of facing this reality. Murdoch had learned from Wittgenstein that pictures can be limiting; to her, contemporary philosophy appeared enslaved by its world-picture. She had learned—through crises in her personal life, including in her relationships with MacKinnon and Anscombe—to see ethical growth as a matter of building habits, rather than of isolated choices.
Slipping Out Over the Wall
Authors: Lipscomb Benjamin J.B.
Published: October 2021

This chapter explores Mary Midgley’s unconventional career, and her contributions—through her interests in biology and animal behavior (ethology)—to her friends’ project of reimagining ethics. The connection between Midgley’s work and that of Anscombe, Foot, and Murdoch is often missed because Midgley began writing much later in life. Midgley left her academic career early to follow her husband to Newcastle, where she stayed home, raising their three boys and reviewing books for the BBC. In the mid-1960s, she began teaching philosophy at the University of Newcastle, free from the stifling atmosphere of Oxford. Linking her interest in ethology to ethics, she eventually wrote Beast and Man, raising questions about rationality, instinct, and the sorts of goods—the sort of ethics—toward which humans’ animal nature points. Sadly, Foot never regarded Midgley’s work as “proper philosophy,” though Midgley’s insights could have addressed Foot’s most pressing philosophical worries.
Rethinking International Order
Authors: Colgan Jeff D.
Published: October 2021

ṅChapter 2 develops the subsystems framework for analyzing international order. The chapter uses three new ideas to explain changes in international order. The first idea is subsystems, within which international order exists. The second is about the sources of change in international order: strategic benefits and punishments for noncompliance. The third involves actors’ instruments of coercion. Changes in the cost-effectiveness of those instruments can—but don’t always—change the benefits and punishments associated with governing arrangements in a given subsystem. Finally, the chapter operationalizes these concepts for the global oil system, to explain why international order was partially preserved and partially upended in the wake of twentieth-century decolonization.
Conclusion
Authors: Colgan Jeff D.
Published: October 2021

The final chapter returns to where the book began, addressing the general questions of international order. A recurring lesson of the book is that scholars and analysts often look for international order in the wrong place. They focus on the order’s theme or its issue areas rather than its governing arrangements. After briefly summarizing the book’s argument about a better way—focusing on subsystems—this chapter turns to two additional topics. First, it offers insights on the current energy transition toward renewables in the context of technological and climatic change. Second, the chapter applies subsystems theory to international order in the twenty-first century, in which geopolitical rivalry matters greatly for the strategic benefits offered in each subsystem. Actors will evaluate those benefits in a relative sense, especially if China or others create alternative governing arrangements to US-led institutions. Ultimately, this book is about how to create and sustain international governing arrangements that actually work.
Introduction
Authors: Hill Alice C.
Published: October 2021

This introductory chapter provides an overview of how the year 2020 brought the planet not only the worst disaster in living memory, the COVID-19 pandemic, but also the threat of climate change. By mid-2020, the level of carbon dioxide (CO2) emissions ratcheted up to 418 ppm, the highest level in human history and likely the highest since three million years ago. With more greenhouse gases piling up, the heating will increase, which will fuel greater weather extremes that will pummel every corner of the planet. Unfortunately, many people within government and business have never received any formal education about climate change, either in their professional lives or in school. Without that education, they tend to discount the growing threats. The chapter argues that mitigation alone will no longer keep people safe; people also need to adapt. To adapt to anticipated climate risks, governments, communities, businesses, and individuals need to embark on making widespread, foundational adjustments to how and where they live and conduct business.
Weave Tighter Safety Nets
Authors: Hill Alice C.
Published: October 2021

This chapter examines promising ways to protect vulnerable populations in the face of worsening weather extremes. Within countries, the impacts of climate often fall unequally, landing hardest on the poor, women, children, older adults, people with disabilities, and the marginalized. As the climate threat grows, governments, nongovernmental organizations, and businesses should find ways to assist poorer nations as well as more vulnerable people in buffering the damage that climate change brings. Helping others withstand future climate disruptions means weaving tighter safety nets to improve financial stability through programs like cash transfers and insurance. At the same time, more attention on reducing gender inequality and tending to the needs of people with disabilities will result in more lives saved and better outcomes for children. Finally, nations will have to come together to help the poorest countries adapt and escape crushing debt loads that will swallow any efforts to build climate resilience. The good news is that countries have shown a wide range of responses to the COVID-19 pandemic, providing an opportunity for nations to learn from each other as they seek to do more to protect their populations, including those at greatest risk.
Marry Mitigation and Adaptation
Authors: Hill Alice C.
Published: October 2021

This chapter studies the consequences of the gnawing disconnect between policies focused on mitigation and those focused on adaptation. The division can cause a government's or business’ focus to scatter among experts who only specialize in one side or the other of the climate equation, thus erecting yet another barrier to effective policies and action. Even more worrisome, the division between adaptation and mitigation can result in climate choices that actually cause harm, because efforts in one area may undermine efforts in the other. The failure to consider vulnerability to climate-fueled extremes in emissions-cutting efforts can result in “malmitigation,” while the failure to consider emissions caused by adaptation projects can result in “maladaptation.” Going forward, decision makers should assess emissions reduction and preparedness choices in view of their overall contributions to addressing climate risk. An easy way to marry mitigation and adaptation is through nature-based solutions, which reduce planetary warming by absorbing carbon while simultaneously protecting against the accelerating impacts of new climate extremes. However, the question of who will pay for what needs to get done is harder. Fortunately, here too, promising answers have begun to emerge.
Where We Are
Authors: Carlson Matt , Robinson Sue , Lewis Seth C.
Published: October 2021

This chapter examines the political and media environment during the presidency of Donald Trump. The first half considers how various political forces aligned to provide an opening for Trump. This includes the polarization of the voting public and a hardening of political identity. These conditions, in connection with global political trends, enabled a right-wing populist movement. The second half of the chapter considers the journalistic context, with an emphasis on how increasing media choice and new intermediaries like social media platforms altered how news circulates and who gets to speak. These structural shifts are coupled with long-running trends pointing to declining trust in journalism, a growing partisan divide in how journalists are viewed, and a questioning of how various communities are represented in the news. On top of all this, the news industry has struggled to develop sustainable digital business models, leading to fewer resources for reporting.
The Trump Presidency
Authors: Carlson Matt , Robinson Sue , Lewis Seth C.
Published: October 2021

This chapter focuses on Donald Trump’s relationship with the news media during his presidency, arguing that as Trump’s political power increased, his attacks on the press became more extreme. Trump simultaneously amplifies the influence of journalists when he calls them the “enemy of the people” and delegitimizes their authority by classifying “the media” as one of many established elite institutions hostile to the experience of everyday Americans. These attacks turned journalists into an adversary, providing Trump with a scapegoat for his own failings. As president, Trump continued to communicate outside of traditional journalism outlets through social media, political rallies, and conservative media. Trump also targeted journalists of color—particularly women of color—with open hostility. Journalists have responded as victims, even adopting a performative contrariness to support their authority. But they rarely engaged in sustained self-reflexivity or expressed willingness to address deeper issues and failures in practice.
What Relevant Journalism Looks Like
Authors: Carlson Matt , Robinson Sue , Lewis Seth C.
Published: October 2021

This chapter draws from across the book to make a case for how journalism can move forward. To rebuild its relevance, the journalistic community needs to adapt to a changed media culture in which its centrality is no longer guaranteed. When journalism becomes just one voice among others, it becomes necessary to question whether long-standing objectivity norms hamper its ability to make judgments and act morally. Journalists must turn toward relationship-building to establish the necessary trust and legitimacy to pursue the institutional production of news knowledge. However, fixing journalism cannot be done merely from within journalism; media consumers must support their news outlets. A serious appraisal of the systemic patterns that enabled this moment means looking more constructively at what journalism can become by confronting reporting patterns that turn people away from the news.
Problem-Solving Sociology
Authors: Prasad Monica
Published: October 2021

Problem-solving sociology attempts to use the traditions of sociological research to solve real-world problems, and uses the attempt to grapple with real-world problems as a way to reformulate understandings of society and renew or reinvent those traditions. This book provides advice for how to turn an interest in solving major social problems into research projects that begin to do so. The book provides suggested methods and tools, models of successful problem-solving research conducted by established scholars as well as by undergraduate and graduate students, defenses against some common objections, and an exploration of where this kind of work fits in contemporary sociology.
The Thought Machine
Authors: Prasad Monica
Published: October 2021

This chapter introduces problem-solving sociology and addresses three practices within the discipline that make it difficult. Problem-solving sociology is scholarship that attempts to use the traditions of sociological research to solve real-world problems, and uses the attempt to grapple with real-world problems as a way to reformulate understandings of society and renew or reinvent those traditions. It may be difficult for students because they are expected to produce theory (the theory/practice issue), because they are hesitant to name social problems (the resistibility/solidarity dilemma), and because they often end up simply describing problems rather than attempting to solve them (the traps of description).
Decision Points and Exercises (1): Finding Your Project
Authors: Prasad Monica
Published: October 2021

Chapters 6 through 8 are the “how to” core of the book. These chapters identify several decisions points that structure a problem-solving analysis, note the tradeoffs involved in the different decisions that might be made, and lay out some possible exercises that could guide thinking. The main argument of these chapters is that there are a range of different approaches that one could take to problem-solving; each has benefits and drawbacks that one should be aware of before making decisions. In particular, each chapter emphasizes the need to consider how one might be wrong at each stage of the project. This chapter focuses on the initial stages of a project.
The Place of Problem-Solving in American Sociology
Authors: Prasad Monica
Published: October 2021

Having explained what problem-solving is, the book turns to where it fits in American sociology. This chapter argues that problem-solving is a name for a brand of sociology that is already practiced, and that might be seen as a kind of pragmatism plus causal analysis. This chapter shows the appeal of problem-solving by placing it in the context of an ongoing intellectual debate between scholars who argue for the possibility of reason or emancipation in human affairs and in scholarship, and scholars who, confronted with obdurate difference among human groups, insist that such difference be respected and that any attempts to come to rational or normative conclusions be understood as domination.
An Orrery of Objections
Authors: Prasad Monica
Published: October 2021

This chapter addresses various objections that are routinely made to this kind of work: that it won’t accomplish anything, that it will crowd out more intellectual scholarship, that what is needed is not more research but political will, that this is too incremental or technocratic, etc. The chapter argues that these objections are not convincing when examined more carefully. They are essentially versions of the original tension—not intellectual enough, not practical enough—and they can be addressed through versions of the argument we’ve been making in this book, about trying to identify the intellectual issue in the practical issue.
Introduction: Why the Evil Creator?
Authors: Litwa M. David
Published: October 2021

How do we explain the early Christian notion of the evil creator, especially in light of the Platonic requirement that the supreme god, to be god, must be good? The evil creator idea cannot entirely be explained by the political upheaval suffered by the Jews between 66 and 135 CE. Nor was it the aftershock of debates about monotheism, or speculation about a creator angel (who had no reason to become wicked). The best, or at least most testable, explanation is rooted in ancient biblical interpretation—the interpretation of Gentile Christians who had no love or loyalty to the Jewish deity in the first place. This Introduction closes with a discussion of who these early Christians were and how they will be studied (the history of interpretation).
The Curse of the Creator
Authors: Litwa M. David
Published: October 2021

This chapter examines the Marcionite interpretation of Galatians 3:13. In this verse, Christ “becomes” a curse on the cross. As the source text (Deut 21:23) shows, Christ was cursed specifically by the creator. The creator’s curse against Christ, despite its presumed salvific benefit, was an act of harm incompatible with the popular Platonic view that the divine cannot inflict evil. Cursing, however, is part of the character of the creator as shown by Yahweh’s curse of Cain, Canaan, and the Israelites. Patristic writers all concurred in trying to soften or deny the divine curse against Christ but ended up accentuating the problem. Marcionites viewed the creator’s curse against Christ as incriminating the creator’s character. Whatever good resulted from the curse was not planned by the creator and could not exculpate him. A being who cursed the sinless Christian savior was not only lacking goodness from a Marcionite perspective; he could only be evil.
Learning from Our Mistakes
Authors: Talbott William J.
Published: October 2021

In Learning from Our Mistakes: Epistemology for the Real World, William J. Talbott provides a new framework for understanding the history of Western epistemology and uses it to propose a new way of understanding rational belief that can be applied to pressing social and political issues.
Two More Principles of Epistemic Rationality
Authors: Talbott William J.
Published: October 2021

In Chapter 6, the author focuses on two main topics: the essential role of partial or full necessitation hypotheses in scenarios that generate expectations for experience and the social dimension of epistemic rationality. He contrasts partial or full necessitation hypotheses with neo-Humean regularity hypotheses. He argues that memory is a causal notion and contrasts it with non-causal apparent memories. He contrasts the causal physical object framework with a non-causal phenomenalist framework. And he explains why there is no syntactic solution to Goodman’s New Riddle of induction. He explains why Goodman’s own solution to the puzzle is an example of a parasitic hypothesis. He discusses parasitic hypotheses more fully and explains why most conspiracy theories are parasitic. He proposes a Third and Fourth Principle of Epistemic Rationality. Finally, he credits feminist epistemologists with drawing attention to the social dimension of epistemic rationality in contrast to the usual individualist approach in Western epistemology. He ends the chapter with a deep challenge for his own theory.
An Alternative to the Proof Paradigm for Metacognitive Rationality
Authors: Talbott William J.
Published: October 2021

In Chapter 10, the author completes his theory by introducing two principles of metacognitive rationality, the Special and General Metacognitive Expected Relative Frequency (MERF) Principles. The special principle is discussed in Chapter 10 and the general principle is discussed in Appendix B. He shows how the Special MERF Principle explains the seven kinds of mistake-correcting reasoning discussed in Chapter 9 and also shows that the General MERF Principle can explain how it could be rational to be certain of nothing (not even this proposition). He uses an example to explain why his equilibrium theory is a better explanation of ordinary mistake-correcting reasoning than a Bayesian theory and why his equilibrium theory is needed to explain defeater reasoning. Finally, the author explains why his MERF Principles, given our evidence, imply the surprising result that it is not rational to believe them to be true, though he argues that they are true enough to enable us to better understand mistake-correcting reasoning.
Necessity and Universality
Authors: Talbott William J.
Published: October 2021

In Chapter 11, the author addresses the metaphysical status of his nine principles of epistemic rationality and irrationality and, more generally, of the fundamental principles of epistemic rationality. He begins with a series of ten modal example to set the stage for an argument that not even God, if there is one, could alter those fundamental principles: they are true in all possible worlds. He then explains why the necessity of those principles is not the seemingly trivial necessity of Kripke-Putnam a posteriori necessity, but genuine metaphysical necessity. He contrasts his view with various forms of relativism and non-cognitivism about epistemic rationality. He concludes by identifying the final, seemingly insuperable hurdle that his account of epistemic rationality must overcome: to provide a non-Platonist account of the sensitivity of our normative epistemic beliefs to the metaphysically necessary fundamental principles of epistemic rationality. That problem is addressed in Chapter 12.
The Consumer Movement
Authors: Lytle Mark H.
Published: October 2021

The chapter opener follows the efforts of Senator Gaylord Nelson to advance an environmental agenda. Such events as the Santa Barbara oil spill and Cuyahoga River fire were symbols of manmade environmental disruptions. Nelson inspired Earth Day as a way to engage public opinion. Many on the New Left and the environmental movement now saw consumerism as the source of dirty air and water, toxic fumes, poisoned foods, and littered landscapes. That was a point of view Ralph Nader shared. No book on consumerism could ignore Nader’s role in the rise of the consumer rights movement in the 1960s. This section looks at Nader’s background and the controversy he triggered when he published Unsafe at Any Speed, as well as his commitment to wide-ranging consumer rights and environmental projects. The following section looks at “hip consumerism” to show how the counterculture influenced personal styles and gender identities. It features Stewart Brand, who with Ken Kesey launched the “Trips Festival” in San Francisco and then went on to produce the bible of alternative consumption, The Whole Earth Catalog.
Blue-Collar Blues
Authors: Lytle Mark H.
Published: October 2021

The chapter opens by exploring the travails afflicting General Motors in the 1970s that included the labor unrest at Lordstown, competition from Japanese and German imports, and its own heavily bureaucratic corporate culture. As the nation’s number one manufacturer, GM’s woes were emblematic of the decline of the American economy, leading to what Jimmy Carter described as a “crisis of confidence.” Another source of stagnation was the failure of labor unions to serve their members and to adapt to new economic realities. Labor’s miseries included the decision of United Mine Workers president Tony Boyle to have his rival for power, Jock Yablonski, murdered. Very few historians of the postwar era give labor such prominent treatment that goes on also to look at the new role of women. This was the period, after all, that in which Karen Silkwood and Norma Rae became heroic figures. Another source of union woes was Hollywood’s shift from its generally sympathetic treatment of labor and workers in the 1930s to a more skeptical and even hostile treatment in such films as Blue Collar, Joe, and Saturday Night Fever. Another schism opened in popular culture as such country and western icons as Merle Haggard, along with evangelical Christians, spoke out for patriotism and family values and against countercultural values. Herein lies a major source of the current red state–blue state divide.
Hi-Tech Consumers
Authors: Lytle Mark H.
Published: October 2021

This chapter tracks how the rise of personal computers and electronic media led to the creation of the Internet and World Wide Web. The opener features the two Steves (Jobs and Wozniak) and the advent of the Apple II and even more influential Macintosh, even as the IBM PC and its clones dominated the personal computer market. Widespread adoption of the Internet opened the door to e-tailing in which Amazon has emerged as the ultimate engine of consumerism. Curiously, Jeff Bezos has modeled his retailing empire on the empire he threatens—Wal-Mart. From Sam Walton he adopted the idea of low prices, satisfying customer experiences, and technological innovation.
From World War II to Cold War Catholicism
Authors: Chinnici Joseph P.
Published: October 2021

The wartime struggle of Pius XII against totalitarianism focuses the identity of the Church on the defense of rights and the important connection between internal national developments and international stability. The American bishops’ adoption of the papal program moves the description of public Catholic identity in ambivalent directions. On the one hand, anti-communism shapes an organic presentation of the Judeo-Christian tradition united to the American way of life as the opposite of an atheistic and totalitarian “system of belief.” The sovereignty of God, obedience to lawfully constituted authority, and the unity between divine, natural, and positive law become dominant characteristics of the faith. On the other hand, this same rapprochement with American political values emphasizes equality, democratic participation, and individual rights. These ambivalences manifest themselves in different ways in the Catholic approach to family life and nuclear warfare.
Religious Renewal in the Context of Secularism
Authors: Chinnici Joseph P.
Published: October 2021

When public identity focuses on the convergence between Catholicism and the American way of life, markers of Catholic identity migrate to unique religious practices: popular devotions, sacramental attendance, obedience to disciplinary laws. Episcopal statements and the reflections of clerical and lay leaders note the growing split between religion and daily life. “Secularism” within the Church is identified in the analysis of John Courtney Murray, the Grail Movement, and in the pages of Catholic Action. In response to this “schizoid culture,” significant leaders network with affinity movements throughout the world. International congresses of the laity set the stage for the Council. Movements of Specialized Catholic Action join with the mainstreaming of scripture reading, catechetical reform, participative political processes, and the liturgical movement to foster a reconfiguration of clergy-lay relations. The bishops themselves begin to sponsor both liturgical change and Specialized Catholic Action even before the Council begins.
The Preparatory Phases, 1959–1962
Authors: Chinnici Joseph P.
Published: October 2021

The questionnaire that the bishops of the United States completed in their suggestions for topics at the Second Vatican Council reflected the dual inheritance of the 1950s. Acceptance of the American political proposition, anti-communism, and moral boundaries existed side by side with a desire to improve ecumenical relationships, recognition of social developments, and openness to liturgical and canonical changes. Similar divisions marked participation in the preparatory commissions of the Council. Cardinals Spellman and McIntyre disagreed with Cardinals Meyer and Ritter on the Central Preparatory Commission. Major differences between Joseph Fenton on the Theological Commission and participants in the Secretariat for the Promotion of Christian Unity surfaced. American theological contributions to the liturgy, the priesthood of the faithful, methodologies for ecumenism, and the presence of Protestant Observers would contribute to the future discussions at the Council. Two distinct versions of Catholic presence in the world joined American developments with international ones.
Dousing the Fires of Patent Litigation
Authors: Beauchamp Christopher
Published: October 2021

The modern patent system is often criticized as excessively litigious and ripe for reform. But there is historical precedent for shifts in patent litigation with limited public policy intervention. The historic peak in patent litigation in the nineteenth-century United States declined around 1900, with suits remaining at lower levels until the late twentieth century. This chapter evaluates potential causes of the decline. Perhaps the most important was the changing scale of business organization, which altered the environment of patent disputes. By contrast, the rise of new technology sectors did not drive changes in the number of suits. Legal institutions played a role: litigated patents by the twentieth century were different from those adjudicated in the nineteenth. But the litigation decline resists a purely legal explanation. Patent litigation was transformed from without, by the shifting economic context, rather than by reforms from within the world of patent law
Ninth Circuit Nursery
Authors: Usselman Steven W.
Published: October 2021

Based on statistical and textual analysis of the 148 patent cases heard by the Ninth Circuit Court of Appeals from its creation through 1925, this chapter suggests that the appeals judges created a legal environment highly favorable to innovative West Coast enterprises. Their rulings consistently sided with local patent holders and alleged infringers over litigants from outside the circuit. Cases involving only local parties produced more mixed results, as judges sought to mediate disputes among competing regional suppliers, while insulating small proprietors from risks of infringement. Through these means, the appeals court actively shaped competition and influenced the course of innovation in such emergent fields as oil drilling and refining, hydraulic machinery, and food processing. The distinctiveness of Pacific Coast patent law diminished after 1915 under influence of a federal judiciary stacked with protégés of ex-President William Howard Taft, who became Chief Justice in 1921.
An Introduction to Global Health Delivery
Authors: Mukherjee Joia , Farmer Paul
Published: October 2021

What has called so many young people to the field of global health is the passion to be a force for change, to work on the positive side of globalization, and to be part of a movement for human rights. This passion stems from the knowledge that the world is not OK. Impoverished people are suffering and dying from treatable diseases, while the wealthy live well into their 80s and 90s. These disparities exist between and within countries. COVID-19 has further demonstrated the need for global equity and our mutual interdependence. Yet the road to health equity is long. People living in countries and communities marred by slavery, colonialism, resource extraction, and neoliberal market policies have markedly less access to health care than the wealthy. Developing equitable health systems requires understanding the history and political economy of communities and countries and working to adequately resource health delivery. Equitable health care also requires strong advocacy for the right to health. In fact, the current era in global health was sparked by advocacy—the activist movement for AIDS treatment access, for the universality of the right to health and to a share of scientific advancement. The same advocacy is needed now as vaccines and treatments are developed for COVID-19. This book centers global health in principles of equity and social justice and positions global health as a field to fulfill the universal right to health.
The Evolution of Drug Access
Authors: Mukherjee Joia S.
Published: October 2021

Medications are essential for treatment and curative medical care. Yet, procuring and managing an adequate supply of medicines is challenging. With the expansion and strengthening of health services, countries around the world worked to expand the medicines available and develop systems for tracking to prevent running out (stock outs). This chapter focuses on the provision of medications in impoverished settings and the challenges that inhibit access to lifesaving drugs. This chapter covers the evolving concept of essential drugs, the limitations of market systems in ensuring drug access for the poor, and efforts to increase access to lifesaving drugs that keep pace with the advancements of medical science. Finally, it covers the challenge of global equity for the COVID-19 vaccine.
Monitoring, Evaluation, and Quality Improvement in Global Health
Authors: Mukherjee Joia S.
Published: October 2021

Quality data are necessary to make good decisions in health delivery, for both individuals and populations. Data can be used to improve care and achieve equity. However, the collection of health data has been weak in most impoverished countries, where health data are compiled in stacks of poorly organized paper records. Efforts to streamline and improve health information discussed in this chapter include patient-held booklets, demographic health surveys, and the use of common indicators. This chapter also focuses on the evolution of medical records, including electronic systems. The use of data for monitoring, evaluation, and quality improvement is explained. Finally, this chapter reviews the use of frameworks—such as logic models and log frames—for program planning, evaluation, and improvement.
Pandemic Preparedness and Response
Authors: Mukherjee Joia
Published: October 2021

This chapter explores pandemics, reviewing both the epidemiology and frameworks for preparedness. This chapter highlights the biological, social. and political factors that change the epidemics and allow diseases to exploit and worsen inequalities. Examples of pandemic responses from the 2020 COVID-19 pandemic, but also from Ebola and HIV, are discussed. The U.S. failure to contain COVID-19 in the first year of the pandemic is used as a case study on the importance of social and political determinants of health in shaping a pandemic. Finally, the chapter outlines the need for health systems that deliver high-quality and equitable prevention, treatment, and care as the best defense to control and minimize suffering in a pandemic.
Universal Politics
Authors: Kapoor Ilan , Zalloua Zahi
Published: October 2021

This chapter focuses on (i) explicating the Žižekian conception of “negative universality,” which foregrounds the antagonisms of the social, making these a basis for political solidarity; (ii) contrasting a negative conception of universality with mainstream notions of universalism (e.g., “abstract universalism”), which often have neocolonial implications (e.g., the rights of Europeans cloaked as universal rights); and (iii) outlining why there is a pressing need for a negative universality today in the face of the seeming invincibility of postpolitical global capitalism. Given the postmodern skepticism of embracing any universal project, the chapter argues that a negative conception of universality not only opens up spaces for reconfiguring the status quo but also forefronts the struggles of the most marginalized.
Universalisms Compared
Authors: Kapoor Ilan , Zalloua Zahi
Published: October 2021

This chapter puts Žižek’s vision of universality, and its corollary empty subject, in critical dialogue with competing universalist models: the champion of republican secularism Alain Finkielkraut, democratic theorist Seyla Benhabib, Marxist Étienne Balibar, and postcolonial critic Edward Said. The concept of universalism has a generative power reflected by the significantly wide political spectrum of those who embrace it. One common defining feature of these universalisms that one might cite—especially in the context of ethical and political philosophy—is their historical reliance on Enlightenment human rights discourse. With the Palestinian question serving as a testing ground for thinking universal politics, this chapter explores the ways Said’s exilic cosmopolitanism, Finkielkraut’s republicanism, Benhabib’s democratic subject, and Balibar’s insurrectional politics converge and diverge with Žižek’s politico-hermeneutic framework.
A Political Economy of Power
Authors: Fèvre Raphaël
Published: October 2021

Today, ordoliberalism is at the center of the ongoing debate about the foundations, the present governance, and future prospects of the European Union—and yet we do not dispose of a comprehensive definition of it. Whenever we talk of the dominance of the German model, the discussion should involve a detailed picture of ordoliberal principles. This book retraces the intellectual history of ordoliberalism, focusing in particular on the works of its main representatives Walter Eucken and Wilhelm Röpke, together with references to the contributions of Franz Böhm, Alexander Rüstow, Leonhard Miksch, and Friedrich Lutz. The book highlights the crucial, albeit overlooked, role of economic and political power in the making of ordoliberal thought. More precisely, the book shows that ordoliberalism, in its ideological, epistemological, theoretical, and political components, can be defined as a political economy of power; that is, as a form of economic knowledge whose primary objective is to analyze the sources, action, and impact of power within society. By doing so, the book will offer a new perspective on ordoliberals’ key concepts built in the interwar period while contextualizing them within a broader intellectual project.
Conclusion
Authors: Kornblith Hilary
Published: October 2021

This chapter draws out some epistemological lessons that have emerged from the preceding chapters. An evolutionary account is offered in answer to the question of how knowledge is possible. We are endowed with native cognitive processes which are conducive to the reliable production of true belief in a wide variety of the circumstances, including the social circumstances, in which we are found. To put this in slogan form: we are born to know. This provides an illuminating perspective on the operation of our perceptual systems, as well as on the working of our inferential mechanisms, and the social practice of giving and asking for reasons.
Creating New Electoral Public Spheres
Authors: Moore Martin
Published: October 2021

As the dominant technology platforms have become increasingly central to political communication, they have been heavily criticized for their failure to adequately structure, monitor and moderate their public spaces. However, in many ways they conform more closely to the normative Habermasian public sphere than legacy media—notably in terms of ubiquity, accessibility, and connectivity. However, the political economy of these platforms means they cannot satisfy all the features of a democratic public sphere, and will never be sufficient. Democratic societies will therefore need to create and sustain alternative digital public spheres. One such alternative should be for elections. This chapter provides a rationale for the development of alternative public spheres and sketches out what publicly supported digital electoral public spheres might look like.
Transposing Public Service Media Obligations to Dominant Platforms
Authors: Rowbottom Jacob
Published: October 2021

This chapter looks at the way media law can regulate the conduct of election campaigns. In the UK, broadcast regulations have prevented the purchase of political advertisements on television and radio, and have constrained mediated coverage through impartiality obligations. While the system is not without problems, it has gone some way to provide the conditions for fair and competitive campaigns. Such regulations have also shaped the strategies pursued by parties to communicate with the electorate. With the increased use of the digital media by campaigners, there is greater scope for that regulatory framework to be bypassed. This chapter will consider some of the ways that media laws can maintain the conditions for a fair campaign in the context of the digital campaign. The policy options include the extension of broadcast style regulations to certain digital content providers, and the application of separate public service obligations to the digital platforms.
Systematic Unity in The Architectonic of Pure Reason
Authors: Ypi Lea
Published: October 2021

This chapter examines the opening paragraphs of the Architectonic of Pure Reason and compares Kant’s understanding of the architectonic as ‘the art of the system’ to the projects of some of his predecessors, including Leibniz, Wolff, Baumgarten, and especially Lambert. Analysing the analogies and differences between Kant’s conception of architectonic and those of his historical interlocutors, helps illuminate the relation between ideas and ends of reason to which Kant appeals in this section and in the Logic lectures of the same period. The chapter concludes by suggesting that to better understand the problem and systematic implications of the principle of purposiveness in the first Critique, we must examine how the Architectonic integrates and completes Kant’s account of the theoretical and practical use of ideas that we find in earlier parts of this work.
Theoretical Reason and the Role of Ideas
Authors: Ypi Lea
Published: October 2021

This chapter seeks to connect Kant’s remarks on systematic unity in the Architectonic to his observations on the legitimate use of ideas in the Appendix to the Transcendental Dialectic. It analyses the theoretical role of ideas and their relation to the concepts of the understanding, as well as their relevance for the link between logical and transcendental principles of the unity of cognitions. The chapter suggests that the Appendix is best read as an attempt to offer the same sort of deduction of the principle of purposiveness that we find at the heart of the unification project of the Critique of Judgment. But it also shows that the difficulties with identifying the exact nature of the relation between a principle of purposiveness and the assumption of a purposive order in nature threaten to explode the distinction between critique and metaphysics on which the first Critique is founded.
Neurostimulation for Neurological and Psychiatric Disorders
Authors: Glannon Walter
Published: October 2021

This chapter examines neuromodulation for some neurological and psychiatric disorders. Deep brain stimulation (DBS) has been used experimentally in attempts to increase the levels of awareness and other cognitive and motor functions in patients with prolonged disorders of consciousness. Studies showing limited functional recovery after use of this technique raise questions about whether or to what extent these patients can benefit from it. DBS and responsive neurostimulation (RNS) may prevent or reduce the incidence of epileptic seizures by modulating electrical activity in the cortex. Although activation of electrodes modulates the electrical activity in their brains, people with these implants can turn them on and off and regulate the frequency and duration of the stimulation. There is both unconscious control by the implant and conscious control by the person with the implant. This conscious control can make persons responsible for how they use the devices and the consequences of this use. DBS can also enable people with addiction and aggressivity to inhibit hyperactivity in brain regions associated with these disorders and regain control of their behaviour. This includes not only physical actions but also the cognitive ability to foresee the probable consequences of activating and deactivating the device. The chapter also examines questions about fairness in access to neurostimulation devices in studies and clinical trials.
Movable Types
Authors: Finkelstein David
Published: October 2021

This is an interdisciplinary study of the typographical web that underpinned and enabled skilled print trade networks across the anglophone world in the nineteenth and early twentieth centuries. It is a cultural history, the first study of its kind on international Victorian print networks. Morality, mobility, mobilization, and solidarity were central to how compositors and print trade workers defined themselves during this period. These themes are addressed in case studies on roving printers, striking printers, and creative printers, drawing on a range of unique primary and secondary sources covering Australia, Canada, England, Ireland, New Zealand, Scotland, South Africa, the United States, and Wales. The case studies explore the cultural values and trade skills transmitted and embedded by such creative compositors, the global print trade union networks that enabled print workers to travel across continents in search of work and experience, the trade actions reliant on mobilization and information sharing across the printing world, and the Victorian working-class literary culture that compositors and printers shared through such means as memoirs, poetry, prose, and trade news contributions to trade journals and other public outlets.