bluuebunny/crossref_metadata_2025 huggingface dataset:
The Applicable Law in International Financial Disputes
Authors: Dalhuisen Jan H
Published: June 2017

This chapter discusses the following topics: challenges concerning the applicable law in international financial transactions; the powers of international arbitrators, the delocalization issue, the emergence of a transnational commercial and financial legal order and its meaning for international arbitration and applicable law; the operation of transnational private law; the building-blocks of private law in international finance; public policy concerning financial instruments; and the applicable law clause in the P.R.I.M.E. Finance arbitration rules.
Theories of Liability and Responsibility
Authors: Lamm Carolyn , Hellbeck Eckhard R , Riesenberg David P
Published: June 2017

This chapter focuses on a type of international financial dispute in which a State's substantive obligations arise directly under international law. It describes the standards of treatment most frequently incorporated into investment treaties. It summarizes the case law interpreting and applying each of these substantive protections, particularly in international financial disputes.
Practical Issues Specific to Arbitrations Containing Financial Products
Authors: Gill Judith , Freeman James
Published: June 2017

This chapter examines some of the practical issues that may arise in the course of arbitrations involving financial products. In particular, it looks at matters to consider when constituting the arbitral tribunal in a dispute arising out of a financial transaction; questions that may arise as to the arbitral tribunal's jurisdiction to determine a dispute arising out of a financial transaction; common case management issues in arbitrations involving financial products; evidential issues in arbitrations relating to financial disputes; and potential enforcement issues.
The Particular Role of Experts in Arbitrating International Financial Disputes
Authors: Golden Jeffrey
Published: June 2017

This chapter describes the role of expert witnesses in the resolution of international financial disputes. In cases where complex, technical issues are concerned, experts are needed to present evidence effectively to the tribunal, to help parties identify crucial facts and relevant issues, and to assess the strengths and weaknesses of the case. The factors that must be taken into account when considering the relevance and proper place of experts and expert testimony in international financial arbitrations are also discussed.
Evidentiary Standards in Financial Arbitrations
Authors: Cox Raymond
Published: June 2017

This chapter begins by discussing the concerns and priorities that banks and other financial institutions may have when determining applicable evidentiary procedures in the exercise of their procedural autonomy. It then examines two evidentiary standards of particular interest to financial institutions: the commercial confidentiality of documents and legal professional privilege. This is followed by discussions of evidentiary regimes of special importance and usefulness; new areas of challenge for evidence-taking in financial arbitration, with a focus on the emerging trend of multiple claims against banks; and proposed solutions to address these challenges.
Remedies—Injunctive Relief
Authors: Blair William , Seriki Hakeem
Published: June 2017

This chapter focuses on a specific type of interim relief from an arbitral tribunal, namely the grant of an injunction by the court of the seat. It considers two kinds of injunction: the ‘anti-suit’ injunction and the ‘freezing’ injunction.
Remedies—Damages
Authors: Menaker Andrea J , Paliwal Suyash G
Published: June 2017

This chapter provides an overview of the steps to awarding damages in international financial disputes, including the choice of applicable law, quantification of damages, currency determinations, and the awarding of interest. Because international financial disputes can lead to both commercial and investment treaty arbitrations, and can draw on many bodies of law, the chapter covers national/municipal law and international law, as well as Shari'a and lex mercatoria, as relevant to damages.
Financial Services Regulation in Practice
Authors: Morris Simon
Published: June 2017

This textbook provides an overview of the current landscape of financial services regulation in the UK. Following the financial crisis, the UK regulatory scene has undergone significant changes. This book explains the different functions and responsibilities of the various UK regulatory bodies, most notably the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA). The constitutions, objectives, and rules that govern the behaviour of these key UK regulatory authorities are examined. The fundamental concept of the ‘general prohibition’—which provides that no person may carry on a regulated activity in the UK unless authorised or exempt—is given a thorough treatment. The regulated activities covered by the general prohibition, and any exclusions (contained in the Regulated Activities Order (RAO)), are also considered. The standards required of firms and individuals are given comprehensive analysis: the FCA’s five main conduct of business sourcebooks are scrutinised, as is the increased regulator engagement with the regulation of individuals (specifically in relation to senior management and customer—facing staff). The key concept of passporting within the European Economic Area (EEA) is explained for firms based in the EEA and the UK. Both the prudential regulations imposed by UK regulators and the regulations on financial promotions are reviewed. The regulators’ role in relation to financial crime is analysed. The nature of the FCA and PRA’s powers of enforcement and supervision are discussed. Consideration is also given to the various ways in which consumers may obtain redress.
The General Prohibition and the Specified Investments
Authors: Morris Simon
Published: June 2017

This chapter analyses the cornerstone of the UK system of financial services regulation: the ‘general prohibition’. The four elements of the general prohibition are reviewed. The possible offences (and related defences) associated with the general prohibition and carrying on a credit-related activity are explained. The enforceability of a variety of contracts entered into in breach of the general prohibition are considered. Each of the specified investments, activities, and exclusions contained in the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (RAO) are explained. Particular attention is given to examining the restrictions on promoting Collective Investment Schemes (CIS).
Specified Activities and Exclusions
Authors: Morris Simon
Published: June 2017

This chapter reviews the specified activities and numerous exclusions contained in the Regulated Activities Order (RAO). First, it examines the circumstances where exclusions subjected to a regulated activity do not apply. Secondly, it deals with the specified activities contained within the RAO, divided into sections. In particular, these activities examine those relating to banking and finance, insurance, securities, home finance, consumer lending, debt, funds, and miscellaneous activities. Finally, the chapter specifies other general exclusions that are available in a wide range of specified activities, as well as those concerned with more specific situations or persons.
Rules and Principles
Authors: Morris Simon
Published: June 2017

This chapter examines the structure and interpretation of the principles and rules made by the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) that govern the operation of persons subject to the UK system of financial regulation. The respective powers of the FCA and PRA to make rules applying to authorised persons are assessed. The main rules, and their application to FCA- and PRA-authorised persons, are displayed in a table. Consideration is given to the influence of EU legislation on UK conduct of business rules. Guidance is provided on how to interpret a rule, and the possible consequences of breach of a rule. The regulators’ power to waive or modify a rule following the application of an authorised person, and the scope of the FCA’s option to give guidance regarding rules, are also discussed. Finally, the FCA’s principles for business and the PRA’s fundamental rules are assessed.
Conduct Regulation
Authors: Morris Simon
Published: June 2017

This chapter looks at conduct regulation. The conduct standards contained in the Financial Conduct Authority’s (FCA) five main conduct of business sourcebooks—banking (BCOBS), investment business (COBS), general insurance (ICOBS), mortgages (MCOB), and consumer credit (CONC)—are explained. It then assesses FCA principle 10 (PRIN 10) and the underlying rules on the proper treatment of client assets (in CASS). Examples of instances in which action was brought for a breach of FCA principle 5 (PRIN 5)—on the need to observe proper standards of market conduct—are listed. It provides an overview of the six broad elements of product governance. The FCA’s recent changes to COBS in relation to its stance on product regulation and intervention are explained. The FCA’s competition policy—based on its objective to adopt a pro-competition approach to regulation—is explored, and a number of FCA market studies examining competition issues are reviewed.
Enforcement
Authors: Morris Simon
Published: June 2017

This chapter concerns the topic of enforcement. It explains the regulators’ powers to gather information and perform investigations, and it lists the fifteen circumstances in which the regulator can issue a supervisory notice. The processes which the regulators must follow—specifically issuing ‘statutory notices’—when taking formal decisions are explained. The extent of the disciplinary powers of the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) are then assessed. The jurisdiction, procedure, and track record of the tribunal of first instance for referrals of statutory notices under Financial Services Markets Act (FSMA) 2000 (the Upper Tribunal (Tax and Chancery Chamber) (the ‘Tribunal’)) are assessed. The regulator’s use of injunctions is considered, and the possible criminal offences under the FSMA 2000 and Financial Services Act (FSA) 2012 are given.
Financial Crime
Authors: Morris Simon
Published: June 2017

This chapter concerns financial crime. While the Financial Conduct Authority (FCA) can prosecute offences such as insider dealing and money laundering, its principal role in relation to financial crime is to require authorised firms to take adequate steps to protect against the risk of being used in connection with such offences. The elements (offences, defences, and penalties) of market abuse under the UK regime—which implements the EU Market Abuse Directive (MAD)—are explained. The main types of behaviour which can constitute market abuse—dealing on inside information, disclosing inside information, manipulating transactions, manipulative devices, disseminating misleading information—are analysed. The UK regulatory position on money laundering, fraud and other financial crimes is also considered.
Redress
Authors: Morris Simon
Published: June 2017

This chapter concerns the seven principal aspects of redress under the Financial Services and Markets Act (FSMA) 2000. Redress may be due when the primary goal of consumer protection has failed to attain its objective and a customer suffers loss or inconvenience. This chapter considers the Financial Conduct Authority’s (FCA) requirements for firms with regard to complaint handling. It also looks at the process by which disputes between retail customers and regulated firms can be brought to the Financial Ombudsman Service (FOS) and the way in which the FOS will decide a dispute. The process by which a designated consumer body can bring complaints to the FCA regarding consumer interests, and the role of the Financial Services Compensation Scheme (FSCS), are explained. Finally, the role of consumer redress schemes, restitution orders, and other circumstances where consumers may obtain redress are explained.
Bank Resolution and Crisis Management
Authors: Gleeson Simon , Guynn Randall
Published: June 2017

The 2008 global financial crisis ushered in the biggest explosion in new bank regulation around the world since the Great Depression. Governments and regulators have sought to put measures in place to prevent the failure of banks, but have acknowledged the need for measures to address what happens when banks fail or are threatened with failure. This book deals with the measures which European, US, and international law and policy-makers have sought to put in place to manage failure of financial institutions. Measures such as ‘bail-out’ (protecting private shareholders and creditors against losses) and ‘bail-in’ (imposing losses on shareholders and long-term creditors without causing contagion among short-term creditors) are discussed. The work includes summaries and commentary on the EU Bank Recovery and Resolution Directive, the UK resolution laws including the Banking Act 2009 and amendments to that Act, the Orderly Liquidation Authority under Title II of the US Dodd‒Frank Act, resolution under Chapter 11 of the US Bankruptcy Code, the proposed new Chapter 14 to the US Bankruptcy Code, and the bank resolution provisions of the US Federal Deposit Insurance Act. Special emphasis is given to the practical effect of such measures on financial transactions and their impact on arrangements, such as netting and set-off. There is also commentary on the role of depositor protection schemes and their role in returning money to the depositors in a failing bank.
Introduction
Authors: Gleeson Simon , Guynn Randall
Published: June 2017

The introduction discusses why dealing with insolvent banks is fundamentally different from dealing with insolvent commercial companies. In ordinary corporate insolvency practice, commercial companies can be allowed to continue to operate while insolvent, by suspending payments on their financial liabilities while continuing to make payments on their commercial liabilities. This allows them to be reorganized or recapitalized rather than liquidated, which almost always results in better recoveries for their creditors, including their financial creditors. The problem in applying this model to a bank is that with a bank there is no meaningful distinction between financial and commercial liabilities. Virtually all bank liabilities are financial liabilities. Instead, the important distinction for banks is between long-term unsecured debt and other capital structure liabilities on the one hand, and short-term unsecured debt and other operating liabilities on the other. Banks can be allowed to continue operating after they reach the point of insolvency if their capital structure liabilities are made subordinate to their operating liabilities in advance. If that has been done, payments on their capital structure liabilities can be suspended while payments on their operating liabilities continue to be made after they reach the point of insolvency and they can be recapitalized (made solvent again) by converting their long-term unsecured debt into equity. This approach should stem runs, avoid contagion and preserve their critical operations for the benefit of the economy as a whole, and also result in better recoveries for all creditors, including the holders of their capital structure liabilities, compared to an immediate liquidation.
Total Loss Absorbing Capacity
Authors: Gleeson Simon , Guynn Randall
Published: June 2017

This chapter discusses the need for a sufficient amount of properly structured long-term unsecured debt and other forms of total loss absorbing capacity (TLAC) in order to make SPE and other resolution strategies operationally feasible. In particular, the chapter summarizes the internal TLAC standard recently finalized by the Financial Stability Board. TLAC is defined as the sum of (1) common equity and other forms of going concern capital and (2) long-term unsecured debt and other forms of gone-concern loss absorbing capacity (GLAC).
Resolution of Non-Bank Financial Companies
Authors: Gleeson Simon , Guynn Randall
Published: June 2017

This chapter summarizes the key elements of the new orderly liquidation (resolution) authority in Title II of the Dodd‒Frank Act— enacted by the US Congress and signed by President Obama on 21 July 2010—and how it is expected to be used to implement an SPE strategy for resolving US G-SIBs. The chapter also discusses the main policy issues that were debated in the process of drafting Title II, and certain alternative proposals that are being considered based on the bankruptcy model. Title II is modelled on the US bank resolution statute and shares most of its features, including some of the super powers given to the FDIC, which acts as the resolving authority. This new resolution authority had come about from the debate over the treatment of systemically important non-bank financial companies following their insolvency.
Direct Bail-in in the European Union
Authors: Gleeson Simon , Guynn Randall
Published: June 2017

This chapter describes how the EU regime permits bail-in to be implemented directly by varying the terms of the obligations of the institution in resolution. Bail-in, by definition, is a process which applies to some but not all of the senior creditors of an institution—not all, since the object of the process is to protect some of these creditors. The primary appeal of the bail-in structure is the fact that there is no necessity to establish a new entity and transfer assets to it. As FDIC’s history of resolution demonstrates, this is a relatively straightforward process where the assets are all in one country and governed by the laws of that country. The chapter considers the basic mechanics of a direct bail-in, its impact on the pricing of the debt of the bank concerned, the interaction of the regime with private recapitalization, with subordinated and contingent capital and asset transfers.
Institutional and Cross-Border Issues
Authors: Gleeson Simon , Guynn Randall
Published: June 2017

This chapter examines how the Bank Recovery and Resolution Directive is implemented in international and cross-border situations, both within the EU and between the EU and third countries. The BRRD requires each member state to recognize in their law the effect of resolution actions taken by other member states. This means that as regards foreign resolution action which purports to transfer assets located in their jurisdiction, or rights or liabilities governed by their law, or write-down or convert liabilities governed by their law or owed to creditors in their jurisdictions, their law must make provision for such transfers or conversions to take effect automatically and cannot be prevented, challenged, or set aside under their law. The chapter covers the scope of the Single Resolution Mechanism, cross-border branching, and the relevant changes to the Credit Institutions (Winding-Up) Directive.
Property Transfers and Bail-in under the Banking Act
Authors: Gleeson Simon , Guynn Randall
Published: June 2017

This chapter discusses the stabilization process undergone by banks under resolution, as set forth by the UK Banking Act 2009 (BA). To give effect to the stabilization options, the BA employs four basic powers (‘Stabilization Powers’) as follows: the power to make a share transfer instrument; the power to make a share transfer order; the power to make a Property Transfer Instrument; and the power to make a resolution instrument. To supplement these basic powers, the BA gives the power to make a compensation scheme order, a resolution fund order, or a third-party compensation order. In addition, the BA contains provisions governing the continuity of services and facilities provided to a bank by members of its group.
Scope And Definition
Authors: Gallagher Norah , Shan Wenhua
Published: June 2017

A bilateral investment treaty (BIT) is relevant for a particular arbitration case only when the case falls within its scope of application. Normally the scope of application of a treaty includes four aspects: subject matter (ratione materiae), covered persons and entities (ratione personae), territorial application, and temporal application. The Chinese BITs are not an exception to this but they do, however, raise some special, perhaps unique, questions. This chapter deals with the four aspects on the scope of application, with special attention to those issues with “Chinese characteristics”. It also deals briefly with the issue of investment admission, which has been left, by and large, within the discretion of the host state.
Monetary Transfer
Authors: Gallagher Norah , Shan Wenhua
Published: June 2017

The transfer or repatriation of funds provision in bilateral investment treaties (BITs) is at the heart of the object and purpose of an investment treaty. The main aim of BITs is to encourage investment by investors of one state into the other state. This chapter discusses the types of payments covered in the repatriation provisions in China's BITs. It includes the scope of the clause and whether it covers both outward and inward transfer of funds. It looks at the types of payments that are covered by the transfer provisions and whether it is an illustrative list or an exhaustive one. It then considers the important provision on convertibility and exchange rates, what they mean, and when they are designated. Finally, the chapter looks at provisions typical to China's BIT provisions on transfer of funds, in particular the limitation on monetary transfers to compliance with “domestic laws and regulations.” The chapter also considers briefly the impact of the pending litigation before the ECJ against several member states on the scope of the transfer provisions in some of their BITs (including some with China) entered into before acceding to the EC Treaty.
Umbrella Clause and Investment Contracts
Authors: Gallagher Norah , Shan Wenhua
Published: June 2017

The “umbrella clause” takes its name from its main objective, namely to oblige the host state to observe any commitments it has entered into with regard to foreign investors. The clause brings such obligations of the state under the protection of an applicable international investment treaty, bilateral investment treaty (BIT), or multilateral treaty. This chapter begins by reviewing the evolution of the umbrella clause and how it has been applied by investment treaty tribunals. It then examines the main variants of umbrella clauses in Chinese BITs and discusses their legal effect in light of this recent jurisprudence. It moves on to analyze the impact, if any, of these clauses on investment contracts in China, including joint venture contracts, joint exploitation of onshore and offshore petroleum resources contracts, and build-operate-transfer contracts. The chapter concludes with an analysis of the implications of umbrella clauses and investment contracts on dispute-resolution planning for foreign investors.
Expropriation and Compensation
Authors: Gallagher Norah , Shan Wenhua
Published: June 2017

Expropriation is a core element of the international legal regime relating to foreign investment. The international law relating to expropriation has evolved rapidly within the context of the modern framework for foreign investments, including multilateral treaties, bilateral investment treaties (BITs), and domestic foreign investment laws. This chapter examines the scope and definition of expropriation in the treaties and case law. It reviews how the provisions on expropriation in China's BITs have evolved and considers their scope, and whether they cover indirect or regulatory expropriation which tribunals are more often faced with today. The majority of claims are for indirect or regulatory expropriation and this has prompted states to include provisions in their Model BITs excluding non-discriminatory regulatory actions by a state implemented in the interest of public health, safety, and the environment. The chapter considers the conditions of a lawful expropriation as it is an accepted principle that expropriation is not illegal. Finally, it looks at the level of compensation awarded for an expropriation, one of the more important aspects of this standard of protection.
On the galaxy–halo connection in the EAGLE simulation
Authors: Desmond Harry , Mao Yao-Yuan , Wechsler Risa H. , Crain Robert A. , Schaye Joop
Published: June 2017

Empirical models of galaxy formation require assumptions about the correlations between galaxy and halo properties. These may be calibrated against observations or inferred from physical models such as hydrodynamical simulations. In this Letter, we use the EAGLE simulation to investigate the correlation of galaxy size with halo properties. We motivate this analysis by noting that the common assumption of angular momentum partition between baryons and dark matter in rotationally supported galaxies overpredicts both the spread in the stellar mass–size relation and the anticorrelation of size and velocity residuals, indicating a problem with the galaxy–halo connection it implies. We find the EAGLE galaxy population to perform significantly better on both statistics, and trace this success to the weakness of the correlations of galaxy size with halo mass, concentration and spin at fixed stellar mass. Using these correlations in empirical models will enable fine-grained aspects of galaxy scalings to be matched.
What Can Political Science Learn from Business and Management?
Authors: Borgatti Steven
Published: June 2017

This chapter is one of six in this book in which leading scholars from other fields are interviewed about network science. These scholars bring to bear the perspective and experience of their fields, as well as insights about how network science integrates with questions that tend to be of interest to political scientists. They have knowledgeable and unique perspectives on the potential intellectual contributions that political scientists can make using network science approaches. This interview brings perspectives from the field of business and management to the study of political networks. Importantly, Stephen Borgatti has been a leader in the field in terms of developing applications and demonstrating productive application of network tools to questions of relevance. In this interview he brings these insights to political science.
“These Are My People”
Authors: Mellard Jason
Published: June 2017

This chapter covers the politics of country music through a variety of different angles. First, it explores country music’s intersections with electoral politics, as candidates have employed country songs or artists in support of their campaigns, or as country artists themselves have run for political office. Second, it looks to the history of political subjects appearing in country songs, from the beginning of hillbilly recording in the 1920s through the debates over the Iraq War in the 2000s. Finally, the article posits a shifting cultural politics of populism that surges through the history of the genre, a tendency of identifying the “nation” and the “people” with the audience for country music. Artists of note who appear in the analysis include Jimmie Davis, the Dixie Chicks, Steve Earle, Merle Haggard, Toby Keith, Willie Nelson, Eck Robertson, and Woody Guthrie.
The Country Music Association, The Country Music Foundation, and Country Music’s History
Authors: Pecknold Diane
Published: June 2017

This chapter explores how the Country Music Association and the Country Music Foundation have shaped the telling of country music history. It traces the development of the Foundation and the Country Music Hall of Fame and Museum from the mid-1960s to the present, arguing that although the Foundation sought to become a traditional academic institution in its early years, it was ultimately re-envisioned as a public education institution, also incorporating a museum that would house the Hall of Fame. This stance reflected both the wider trend toward museum corporatization and a democratic impulse to interpret country music history for the widest possible public. Despite the tensions inherent in balancing entertainment with education and sales potential with academic interests, this philosophy not only resulted in a sustainable vehicle for enshrining country music history, it produced a more nuanced presentation of that history than is often acknowledged.
Country Radio
Authors: Weisbard Eric
Published: June 2017

This chapter considers the role played by radio in popularizing and defining country music. Radio as a format pursued a commercially driven mediation of identity that worked against applying an artistically driven musical genre definition. In particular, these debates revolved around gendered presentation and women as listeners and performers. From the 1920s through World War II, radio’s prominence in country turned on live radio shows as the media introduction of southern whites. A second era, from the end of the war to mid-1970s, saw a shift to disc jockeys and records: personality radio. Format radio country, a tighter programming approach, solidified from the mid-1970s to the mega mergers of the late 1990s. Most recently, in an era of Internet access and new business models for music, country has confronted the less sympathetic position of networked radio.
Geography and Country Music
Authors: Watson Jada
Published: June 2017

The concept of place is integral to country music, a genre associated with geographic regions, rural landscapes, and community values. While the genre has traditionally been described as a product of rural communities of the US South, studies have demonstrated the role that urban communities played in the birth of country music and its prominent scenes. Despite the growing interest in the relationship between music and place, many studies overlooked the important role that place-themed songs play in constructing an artist’s persona. With Canadian alt-country artist Corb Lund as a case study, this study draws literature from musicology, literary studies, and cultural geography to demonstrate how the singer-songwriter describes life, work, and sociocultural issues in Alberta to create diverse conceptions of place. It develops a framework for considering how artists use music to negotiate relationships to place and construct elements of their “geo-cultural” identity.
Sexuality in Country Music
Authors: Fox Pamela
Published: June 2017

Abstract: This chapter surveys prior scholarly work on country music’s ostensibly conservative relationship to sexuality. It tracks how sexuality becomes linked to other identity markers in songs by artists such as Gretchen Wilson and k.d. lang, as country functions as not only a distinctly classed but also racialized, gendered, and regionalized genre traditionally associated with white working-class Southerners. It probes whether earlier and recent modes of white masculinity and femininity, might or might not be constituted in relationship to queerness and/or blackness. This overview also suggests new ways to expand the critical terrain by taking up case studies: (1) Tanya Tucker, the now-faded star of the 1970s, 1980s, and 1990s, who gained early notoriety for her sexualized performance style and material; and (2) the recent bro-country sensation (Florida Georgia Line), whose young male artists recycle explicitly (hetero) sexual content through pseudo-hip hop rhythms and rapping.
The “Southernness” of Country Music
Authors: Huber Patrick
Published: June 2017

This chapter presents an overview of Bill C. Malone’s “southern thesis,” as first articulated in his 1968 study, Country Music, U.S.A.: A Fifty-Year History, and examines the influential role that this regional interpretation has played in shaping country music scholarship. The chapter surveys some of the major trends in the scholarly literature over the past five decades regarding the music’s perceived southernness. It explores Malone’s problematic presentation of the American South as an exceptional region rooted in a unique rural folk culture, and the resulting historiographical debates. The chapter also identifies some significant topical and interpretative lacunae that now pervade the country music scholarship as a result of Malone’s interpretation, and suggests several approaches to rectifying these omissions, including reinterpreting prewar country music as a commercial product of a modern, urban-industrial America and focusing attention on the American regional traditions and musical tributaries that contributed to its creation.
Recording Practice in Country Music
Authors: Stimeling Travis D.
Published: June 2017

This chapter explores the influence of recording technologies on the creation and reception of country music from the first hillbilly recordings to the twenty-first century. Following a survey of recent literature from the musicology of recording and sound studies, country music’s voice-centered recording strategies are explored through case studies drawn from early hillbilly, honky tonk, and “hot country” recordings. Country music’s history as a recorded musical practice is shaped by technological and aesthetic developments that can be heard in a wide range of recorded popular musics. Furthermore, this chapter examines the ways that bluegrass musicians, engineers, and producers deploy specific technologies, including the single-microphone technique, to articulate their musical and cultural authenticity. These ways can help us gain a better understanding of the expressive power of recorded country music by placing these “records in dialogue” with other recordings in country music and from other music styles.
Race in Country Music Scholarship
Authors: Mather Olivia Carter
Published: June 2017

This chapter reviews how country music scholarship deals with race. It then suggests how scholarship might move forward toward a more critical stance. While evidence points toward African American innovation at the origins of country, survey histories of country music trace the music’s origins to British culture in Appalachia. Revisionist scholarship attempts to uncover black contributions in most periods of country’s history. Its most common topics are the construction of whiteness by the country music industry and the segregation of southern music in the 1920s into “race” and “hillbilly” marketing categories. This chapter ends by suggesting that country scholarship focus on race as a chief concern of the field, complicate its view of segregation, and give more attention to musical sound.
Organizational Learning From Failure
Authors: Desai Vinit M. , Maslach David , Madsen Peter
Published: June 2017

This chapter reviews past and present theoretical perspectives on organizational learning from failure. We begin by describing the organizational learning process and what it means to learn through failure. We outline and describe several challenges for future research: (1) Why do some organizations fail to learn from failures? (2) Why do some organizations fail again after learning from failures? (3) How do some organizations prevent other organizations from learning vicariously through their failures? (4) How can organizations learn from near failures? and (5) How can organizations learn from hypothetical failures? In sum, we hope this chapter motivates and inspires researchers to uncover new perspectives, deepen our understanding of, and pursue future inquiries into organizational failures and learning-based reactions to these failures.
Control of Locomotion in Crustaceans
Authors: Cattaert Daniel , Edwards Donald Hine
Published: June 2017

This chapter will consider the control of posture and walking in decapod crustaceans (crabs, lobsters, rock lobsters, and crayfish). The walking system of crustaceans is composed of five pairs of appendages, each with seven articulated segments. While crabs sideways walking relies on stereotyped trailing and leading leg movements, forward/backward walking in lobsters and crayfish is achieved by different movements in the different legs, depending on their orientation versus body axis. Largely independent neural networks, localized in each of the 10 hemi-segmental thoracic ganglia, control each leg during locomotion. Each of these networks is modularly organized, with a specific central pattern generator (CPG) controlling each joint. Although coordinating interneurons have been described, inter-joint and inter-leg coordination is largely maintained by sensory feedback. Recently, the key role of proprioceptive signals in motor command processing has been addressed thanks to hybrid system experiments and modelling.
Publication Bias in Science
Authors: Brown Andrew W. , Mehta Tapan S. , Allison David B.
Published: June 2017

When we rely on science to inform decisions about matters such as the environment, teaching strategies, economics, government, and medicine, evidence-based decision-making can only be as reliable as the totality of the science itself. We must avoid distortions of the scientific literature such as publication bias, which is an expected systematic difference between estimates of associations, causal effects, or other quantities of interest compared to the actual values of those quantities, caused by differences between research that is published and the totality of research conducted. Publication bias occurs when the probability of publishing a result of a study is influenced by the result obtained. It appears to be common and can produce misleading conclusions about interventions, make effects appear greater than they are, lead to irreproducible research, and ultimately undermine the credibility of science in general. Methods to detect publication bias and steps to reduce it are discussed.
Is There a Retraction Problem? And, If So, What Can We Do About It?
Authors: Marcus Adam , Oransky Ivan
Published: June 2017

The retraction of articles from the scientific literature is a growing phenomenon in scholarly publishing. Retractions, considered the “nuclear option” in scientific self-correction, are becoming more frequent. The number of retractions per year grew by a factor of 10 during the first decade of this century. These events have substantial consequences for scientists, journals, the taxpaying public, and even, in some instances, patients. This chapter provides an overview of the rise in retractions, as well as the reasons for these events and how journals and publishers handle them. Retractions also are placed in the context of a distorted system of merit and productivity in science and academia based on the published paper. Although some observers believe that retractions threaten the integrity of science, the pressure to publish has driven the growth in publications is more corrosive to it as an institution.
A Tale of Two Vaccines—and Their Science Communication Environments
Authors: Kahan Dan M. , Landrum Ashley R.
Published: June 2017

This chapter examines the difference in the US public’s reactions to proposals for universal administration of two adolescent immunizations: the human papillomavirus (HPV) vaccine, which provoked a firestorm of political controversy, and the Hepatitis B (HBV) vaccine, which aroused no such opposition. This chapter argues that the reason for this was that the public became familiar with the latter (but not the former) in a polluted science communication environment. It identifies decisions made by the vaccine’s manufacturer that drove the HPV vaccine off the nonpoliticized administrative-approval path followed by the HBV vaccine and every other mandated childhood vaccine and onto a highly politicized, highly partisan legislative one that predictably provoked identity-protective cognition. The chapter argues that such controversy will likely recur unless protection of the science communication environment is itself made a self-conscious object of the institutions, governmental and nongovernmental, that play a role in the dissemination of decision-relevant science.
A Recap—The Role of Intermediaries in Communicating Science
Authors: Landrum Ashley R.
Published: June 2017

Intermediaries serve several crucial roles in bridging scientists and society. Intrinsic to many of them are challenges key to science communication. These include determining how intermediaries can increase awareness of their organization and their messages, how intermediaries can increase their trustworthiness, how to present information to different types of audiences while retaining their credibility, and how to engage the broader public in issues of policy-relevant science. This chapter describes the five common goals, or roles, that intermediaries take on, and then briefly summarizes the various intermediaries covered in this section of the handbook. The chapter concludes by highlighting and expanding on several themes and challenges that are relevant to the communicative roles of intermediaries.
The (Changing) Nature of Scientist–Media Interactions
Authors: Yeo Sara K. , Brossard Dominique
Published: June 2017

Scientific issues frequently pique the interest of public audiences, and advancements in communication technologies have increased the overall use of technology by citizens, particularly for engaging with science, technology, engineering, and mathematics (STEM) issues. In a context in which science and media are increasingly coupled, relationships among scientists, media, and publics have come to the fore. As leaders in the scientific community call for greater societal engagement, understanding these relationships becomes more critical. This chapter examines research relevant to reciprocal interactions between scientists and media and synthesizes studies on factors that influence the willingness and ability of scientists to engage with broad audiences. The chapter concludes by situating the discussion in the context of open science, highlighting some implications of this scholarship, and offering directions for future research.
Citizens Making Sense of Science Issues
Authors: Xenos Michael A.
Published: June 2017

Dramatic increases in media choice over the past few decades have had profound effects on virtually all processes of communication involving issues of public concern. For science issues in particular, exposure to information about a particular topic is typically driven by specific motivations, often in the highly fragmented world of online communication. Existing research on information seeking in a polarized media environment can guide thinking about how individuals make sense of contemporary science issues. However, the unique features of science topics, particularly those related to emerging science and technology fields, complicate simple applications of existing theories. Although a small number of existing studies attend to these issues, developing solid, evidence-based prescriptions for improving how individuals seek information and form opinions will require significant new research.
On the Sources of Ordinary Science Knowledge and Extraordinary Science Ignorance
Authors: Kahan Dan M.
Published: June 2017

In order to live well—or just to live, period—individuals must make use of much more scientific information than any can comprehend or verify. They achieve this feat not by acquiring expertise in the myriad forms of science essential to their well-being but rather by becoming experts at recognizing what science knows. Cases of persistent controversy over decision-relevance science do not stem from defects in public science comprehension; they are not a result of the failure of scientists to clearly communicate; nor are they convincingly attributable to orchestrated deception, as treacherous as such behavior genuinely is. Rather, such disputes are a consequence of disruptions to the system of conventions that normally enable individuals to recognize valid science despite their inability to understand it. Generating the knowledge needed to pre-empt such disruptions and repair them when they occur is the primary aim of the science of science communication.
Overcoming Biases in Processing of Time Series Data About Climate
Authors: Hardy Bruce W. , Jamieson Kathleen Hall
Published: June 2017

This chapter notes the important ways in which time series data are used in science, explains how trend lines are created and reported, chronicles ways in which they can be misused, documents human biases that lead to overvaluing endpoints in a trend, and outlines ways to minimize that bias. Specifically, this chapter defines trend lines and time series data and explain why and how they matter in science communication. A discussion on cognitive biases that influence interpretations of trend lines, such as endpoint bias and peak and end rule, recency bias, accessibility bias, and extrapolation bias, is offered as are communication tools scientists, journalists, and other science communicators can use to overcome these biases.
Introduction: Cultural Sociology Today
Authors: Alexander Jeffrey C. , Jacobs Ronald N. , Smith Philip
Published: June 2017

This article introduces the reader to the current status of cultural sociology as a specific mode of inquiry. It first discusses the pre-history of cultural sociology, tracing its origins in the demise of Parsonian functionalism from the mid-1960s onward, the cultural turn in sociology through the 1980s, and the emergence of an increasingly confident cultural sociology as an alternative paradigm to the once dominant sociology of culture. The article then considers the impact of cultural sociology, especially on well-established research areas such as economic sociology. It also examines the tensions marking “best practices” in contemporary cultural sociology as a dimension of social life, including the tension between discourse and materiality, the link between public ritual and everyday life, and the question of method and epistemology.
Globalization and Religion
Authors: Thompson Kenneth
Published: June 2017

This article examines the relationship between religious cultures and the forces of globalization. It first considers the distinction between teleological-homogenizing approaches to religious developments in modernity, which assume that secularization is inevitable, and those that emphasize cross-national variability and historical contingency. In particular, it discusses the cultural sociology approach, the value of which can be recognized when accounting for the religious phenomenon that strongly refutes the secularization thesis—the various forms of Pentecostalism that have attracted 500 million adherents, particularly in the Global South. The article goes on to explore how religious cultural systems have been involved with globalization, focusing on Catholicism, Pentecostalism, and Islam. It also proposes a cultural approach that is more sensitive to the ways in which the discourses of religion (particularly Islam) and globalization are connected in a binary relationship to one another.
The Force of Embodiment: Violence and Altruism in Cultures of Practice
Authors: Frank Arthur W.
Published: June 2017

This article examines two stories that foreground significant practices of embodiment: violence and altruism. The stories tackle the notions of violent and altruistic bodies, and both seem to have clear ethical implications. They are interpreted through two theoretical interests that are central to studies of the body: habitus and networks. The first story is from Norbert Elias, who has published two major works: The Civilizing Process (1984) and The Germans (1996). The article considers how Pierre Bourdieu expands and specifies Elias’s conceptualization of habitus and embodiment, and more specifically his views regarding the hierarchy of positions underlying habitus. It also discusses Michel Foucault’s explanation as to why people play truth games. Finally, it looks at the second story, which involves kidney transplant.