bluuebunny/crossref_metadata_2025 huggingface dataset:
Project Design
Authors: Roberts Anthea
Published: October 2017

This chapter introduces some of the study’s main concepts. It situates this study within a growing body of comparative international law scholarship and describes how international law should be understood as a transnational legal field, drawing on concepts from sociology. It explains why the study focuses on academics and textbooks, and examines “elite” law schools from the five permanent members of the Security Council, along with what these approaches highlight and obscure. It introduces concepts that are important for the study, including: nationalizing, denationalizing, and westernizing influences; notions of the core, semiperiphery, and periphery; and English as international law’s lingua franca. Finally, it highlights some methodological points and limits, including that the study does not attempt to distinguish between factors that reflect and reinforce different understandings of and approaches to international law and that it largely captures a snapshot in time rather than providing a full historical overview.
Conclusion
Authors: Roberts Anthea
Published: October 2017

This conclusion reflects on the fact that international law is unlikely ever to be fully “international.” The best that international lawyers can do is to attempt to become conscious of some of the frames that shape their understandings of and approaches to the field and be aware of how these might be similar to and different from those of others. Taking a comparative international law approach challenges international lawyers to see the world through others’ eyes instead of just accepting their own self-reinforcing version of the truth. It also encourages international lawyers to build bridges between different communities through civil and respectful dialogue and exchange—something that is crucial in this age of growing political polarization. If 2016 has taught international lawyers any lessons, it is the importance of recognizing and seeking to understand the perspectives and experiences of those coming from diverse backgrounds—both within and among different states.
Global Power Shift
Authors: Cynthia Roberts , Armijo Leslie , Katada Saori
Published: October 2017

This chapter evaluates multiple dimensions of the global power shift from the incumbent G5/G7 powers to the rising powers, especially the members of the BRICS (Brazil, Russia, India, China, and South Africa). Taking note of alternative conceptualizations of interstate “power,” the text maps the redistribution of economic capabilities from the G7 to the BRICS, most particularly the relative rise of China and decline of Japan, and especially Europe. Given these clear trends in measurable material capabilities, the BRICS have obtained considerable autonomy from outside pressures. Although the BRICS’ economic, financial, and monetary capabilities remain uneven, their relative positions have improved steadily. Via extensive data analysis, the chapter finds that whether one examines China alone or the BRICS as a group, BRICS members have achieved the necessary capabilities to challenge the global economic and financial leadership of the currently dominant powers, perhaps even the United States one day.
Motives for BRICS Collaboration
Authors: Cynthia Roberts , Armijo Leslie , Katada Saori
Published: October 2017

This chapter explores the distinct mix of motives within each country’s foreign policy goals that has impelled cooperation among the five BRICS countries (Brazil, Russia, India, China, and South Africa). For China, the BRICS club allows it to express its leaders’ aversion to Western high-handedness and policy demands while exerting leadership in a less-threatening fashion. Russia prioritizes resistance to financial sanctions and Western dominance while aiming to translate the BRICS’ cooperation into greater regional and global influence. India hopes to amplify its voice in global governance and to expand choices of international partners through the BRICS. Brazil’s left-leaning governments hope to emphasize South-South diplomacy to please their domestic political supporters. In South Africa, China’s expected support and investment for Africa’s growth tops the list. The non-China BRICS all see China as the most important member of the group, and tying China to their economic and club interests has been a critical element of the BRICS’ collective financial statecraft.
Introduction
Authors: Ivanhoe Philip J.
Published: October 2017

This introduction offers a comprehensive description of the volume’s content, focus, and aims. It begins by presenting the oneness hypothesis, a family of views about the interconnected and interdependent nature of the world. It then describes and defends a more expansive conception of the self and explores the nature and implications of the relationship between such a self and the other people, creatures, and things of the world. In light of these related ideas it develops a distinction between selfishness and self-centeredness and shows how such a distinction can help us understand some everyday features of moral life. The introduction then presents novel views about the nature of the virtues and the nature and value of spontaneity. It concludes by arguing for what can be understood as the primary moral implications of the oneness hypothesis: that our personal welfare or happiness are inextricably intertwined with other people, creatures, and things.
Virtues, Inclinations, and Oneness
Authors: Ivanhoe Philip J.
Published: October 2017

This chapter develops various implications of the oneness hypothesis when applied to theories of virtue, drawing on several claims that are closely related to the hypothesis. Many of the views introduced and defended are inspired by neo-Confucianism and so the chapter offers an example of constructive philosophy bridging cultures and traditions. It focuses on Foot’s theory, which holds that virtues correct excesses or deficiencies in human nature. The alternative maintains that vices often arise not from an excess or deficiency in motivation but from a mistaken conception of self, one that sees oneself as somehow more important than others. The chapter goes on to argue that such a view helps address the “self-centeredness objection” to virtue ethics and that the effortlessness, joy, and wholeheartedness that characterizes fully virtuous action are best conceived as a kind of spontaneity that affords a special feeling of happiness dubbed “metaphysical comfort.”
Oneness and Spontaneity
Authors: Ivanhoe Philip J.
Published: October 2017

This chapter elaborates on the connections between oneness, moral agency, and spontaneity by distinguishing between two general kinds of spontaneity: untutored spontaneity, which is characteristic of traditions such as Daoism, and cultivated spontaneity, representative of traditions such as Confucianism. This discussion intersects with oneness on the matter of “metaphysical comfort,” the sense of oneness, harmony, and happiness that one experiences when acting or reacting spontaneously, on either the untutored or cultivated model. Daoists argued quite plausibly that this experience goes hand in hand with certain kinds of untutored spontaneity, but an important objective of the chapter is to show that even cultivated spontaneity can provide the same comfort. The chapter makes the case that both forms of spontaneity are familiar, though largely unrecognized, in all forms of human life and that the descriptions provided, inspired by early Chinese philosophy, offer important theoretical resources for philosophy today.
Conclusion
Authors: Ivanhoe Philip J.
Published: October 2017

The primary claim of this study is that when we come to understand the true nature of what we are as individuals and as a species, we cannot fail to acknowledge our connections and interdependencies with the rest of the world, and this can, does, and should incline us toward greater care for other people, creatures, and things. The conclusion warns us about some potentially bad forms of oneness and recalls earlier arguments showing how such mistaken conceptions violate established imperatives to present metaphysically, psychologically, and socially plausible views that can serve as the basis for integrated, sustainable, and happy lives in community with others. The new conceptions of oneness this study recommends differ from traditional view in being open-ended ideals; we can find support for such ideals in the world, but we can and must continue to build and innovate upon them.
Initiation and Graded Revelation
Authors: Stone Michael E.
Published: October 2017

Initiation procedures were determined by the need to maintain secrecy, and this led to repeated testing of new members, gradual admission, and gradual teaching of secrets. Annual reassessment was often performed within certain groups. The dynamic engendered by the secret knowledge begets the hierarchical structure. Both features are prominent in the Qumran community. In some cases, secrets and knowledge were kept by only a select handful of people or just one person. Details of hierarchies and different levels of ascension and knowledge are discussed. Similarities and differences in practices among the different groups are examined. We also look at the ancient texts and what they reveal about these groups.
The Social Setting of Esoteric Tradition
Authors: Stone Michael E.
Published: October 2017

We can draw conclusions about the social context of transmission of secret knowledge. Secret Essene teachings were mentioned in the literary texts of the time. There was evidence of a tripartite division of esoteric groups. Qumran, Manichaeism (though this group does not have secret knowledge), Ascension of Isaiah, 4 Ezra, and 2 Baruch all hinted at these secrets. We look at the mysteries, knowledge, and secrets—the word raz. Secret knowledge was contained within some rabbinic circles, along with forbidden knowledge and the fallen angels. We examine these framework stories in the apocalypses, the transmission of knowledge, and their possible relation with reality.
Introduction
Authors: LeBuffe Michael
Published: October 2017

This introduction begins with the four passages that shape the book and a general thesis: Spinoza’s uses of ‘reason’ (the Latin term is ratio) are systematically related in argument and inform one another. The rest of the introduction is designed to help a variety of readers to understand the arguments that follow. The chapter includes sections on Spinoza’s life and works; on the relation between the Ethics and the Theological Political Treatise; and on positions and passages in each of these works that are important in the book. Each section ends with a footnote offering suggestions for further reading.
Reason as an Idea
Authors: LeBuffe Michael
Published: October 2017

Spinoza’s characterization of ideas of reason in Ethics 2 makes reason distinctive both psychologically and epistemologically. Psychologically, ideas of reason are frequently present to mind and, as a result, powerful influences on human belief and action; a notable class of ideas of reason, the common notions, are always present to mind. Within such ideas we always regard certain properties to be present in the objects of our experience. Epistemologically, ideas of reason are a distinctively human kind of knowledge, where we cannot immediately know the essences of singular things, as on many views gods or angels might. Instead, in the first instance, rational knowledge is knowledge of properties of things in experience. From such knowledge, Spinoza argues, we can also come to further knowledge by means of processes, and it is these processes that closely resemble what many readers today will recognize as reasoning.
Conclusion
Authors: LeBuffe Michael
Published: October 2017

Spinoza’s uses of reason are systematically connected. In metaphysics, reason is an explanation, and each thing is, like God, its own explanation. In human minds, ideas of reason are, in the first instance, ideas of what is common to all singular things. They are powerful ideas and a kind of knowledge. In morality, the commands of reason draw upon both these senses of reason. They derive their authority from the self-explanatory nature of God, and their strong motivational power is that of ideas of reason. Finally, in political philosophy, the peculiar motivating power of ideas of reason is a source of cooperation in society. A psychologically similar kind of idea—the idea of a miracle—is highly irrational. Because we all possess ideas of reason, however, Spinoza can envision a society that remains stable even as many citizens progress from irrational to more fully rational sources of motivation.
Transnational Criminal Law and the Global Rule of Law
Authors: Mitsilegas Valsamis
Published: October 2017

Over the past three decades many regulatory measures aimed at countering transnational crime have been adopted. This article maps the development of these measures and examines their relationship with the ‘global rule of law’. The article is structured on the basis of a typology of production of transnational criminal law norms and examines the production and implementation of transnational criminal law via: ‘hard law’ global multilateral conventions; regionalism, focusing on the work of the Council of Europe; ‘soft’ or ‘informal’ law, focusing on the Financial Action Task Force; ‘global administrative law’, expressed by the UN Security Council; and supranational, EU, law. The article then focuses on the extraterritorial reach of transnational criminal law and asks whether lessons can be learnt by the operation of the principle in EU criminal law. The article then assesses the impact of this typology of transnational criminal law making on the global rule of law.
Mainstreaming Human Rights in EuroMed Bilateral Relations
Authors: Ippolito Francesca
Published: October 2017

This article, focusing on the bilateral dimension of the EuroMed relations related to migration conceptualises the existence of a human rights (HR) mainstreaming duty in EU external policies and attempts to examine the related problems of the application and performance of such a duty based on the analysis of the human rights clauses included in the Association Agreements (AAs) within the European Neighbourhood Policy (ENP) framework, in combination with the mechanism of the “non-affection clause” for formal and informal Readmission Agreements concluded at both the EU (EURAs) and national levels. Just as Pot Luck, Emile Zola’s most acerbic satire, examines the contradictions that pervade bourgeois life to reveal a multitude of betrayals and depict a veritable ‘melting pot’ of moral and sexual degeneracy, so this article will pinpoint a similar ‘Victorian’ hypocrisy underlying the HR mainstreaming conception in EuroMed relations and its implementation through the tool of conditionality. Finally, the work will explore the positive goals of exporting the new conception of an HR mainstreaming duty elaborated for trade agreements into the new generation of AAs and EURAs.
Réflexions sur le Monisme et le Dualisme dans les Rapports entre Systèmes
Authors: Kolb Robert
Published: October 2017

This article is an essay on the relationship between dualism and monism in international and municipal law. It attempts to trace the strengths and inadequacies of both doctrines and to consider the matter under the lens of a functional distinction. The question of monism and dualism is asked at different levels and in different contexts, and it thus elicits different answers. The most fundamental distinction seems to be the issue of dualism and monism on the level of the general relations between international and municipal law, and the issue of how international law is concretely introduced into a municipal legal order. Both aspects deserve a separate analysis.
The Zuchtvieh-Export GmbH v. Stadt Kempten Case—The Triggering of a Substantial Link to ‘Export’ EU Animal Welfare Law?
Authors: Oriolo Anna
Published: October 2017

In the 2015 judgment in the Zuchtvieh-Export GmbH v. Stadt Kempten case, the European Court of Justice extended EU standards on animal welfare beyond the Union’s boundaries, stating that the requirements relating to watering and feeding intervals as well as the duration of journeys and resting periods also apply to those stages of the transport taking place outside the European Union. In addition to representing a landmark judgment in the sphere of improving EU animal welfare policy, in the author’s view, this case is particularly innovative as it indicates a Court of Justice’s novel trend to export EU law to third states, offering a substantial link to the “territorial extension” of EU social and environmental norms to non-EU states.
Rethinking Rights in the Age of the “Anthropocene”
Authors: Sokol Karen C.
Published: October 2017

The current age of climate change—what geologists call the “Anthropocene”— lays bare the falsity of the “rights” dichotomy dominant in Western legal theory. Under that dichotomy, civil and political rights are conceived of as separate from, and more important than, the right to basic health and environmental protection. The author argues that two of the key principles in the Indian texts on which Gandhi based his theory of civil disobedience—love for all beings (ahimsa) and the interconnectedness of all beings and the Earth—provide a basis for dismantling this “rights” dichotomy. The author then discusses other theories of rights that could accommodate a Gandhian-informed unified theory—one that includes civil, political, environmental, and public health rights on equal footing. Such a reconceptualization of rights is necessary to respond to the immense global environmental and public health threats we all face in the age of the Anthropocene.
Contemporary International Tribunals
Authors: Trindade Antonio Augusto Cançado Trindade
Published: October 2017

In the course of 2016, international human rights tribunals (ECtHR, IACtHR and ACtHPR) kept on making cross-references to each other’s case-law, as well as to that of other international tribunals. The same has taken place on the part of international criminal tribunals (ICC and ICTFY), at a time of special attention to the preservation of the legacy of the ad hoc tribunals (ICTFY and ICTR). One could have expected the same from the ICJ, as to the case-law of other international tribunals, in its recent decisions in the cases concerning the Obligation of Nuclear Disarmament (2016), keeping in mind the common mission (of realization of justice) of contemporary international tribunals from an essentially humanist outlook.
Bridge Is Down, Data Truck Can’t Get Through …
Authors: Pollicino Oreste , Bassini Marco
Published: October 2017

The decision of the Court of Justice in Schrems follows the Digital Rights Ireland and Google Spain stances in the Court process of revisiting the data protection framework in Europe in light of the Charter of Fundamental Rights of the European Union. Through the invalidation of Decision 2000/520/EC of the Commission on the adequacy of the US safe harbor principles, the Court of Justice has relied on a very extensive interpretation of the right to private life and data protection. As in the former decisions that have let emerge the existence of a new digital right to privacy, this judgment mirrors some degree of manipulation by the Court of Justice, justified by the goal of protecting as much as possible personal data in the new technological environment.
Legal Maxims: Summaries and Extracts from Selected Case Law
Authors: Capaldo Giuliana Ziccardi
Published: October 2017

Certain Activities Carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) Proceedings joined with Construction of a Road in Costa Rica Along the San Juan River (Nicaragua v. Costa Rica), Judgment, 16 December 2015

Contents**

I. JURISDICTION OF THE COURT

II....
Introductory Note
Authors: Treves Tullio
Published: October 2017

ITLOS has handed out in 2015 two provisional measures orders and an advisory opinion. The Provisional Measures Order of 25 April 2015, in the maritime delimitation case between Ghana and Cote d’Ivoire, was adopted by an ad hoc Chamber of the Tribunal. It accepts for the first time in ITLOS jurisprudence the “plausibility” test for the merits submission as a prerequisite of a provisional measures order In the Provisional Measures Order of 24 August 2015 on the Enrica Lexie incident between Italy and India, the provisional measure prescribed consists in that both parties suspend or refrain from initiating proceedings which might aggravate the dispute submitted to the Annex VII Arbitral Tribunal. The Advisory Opinion of 2 April 2015, upon the request of a West African fisheries commission, rejects the view that ITLOS in its full formation lacks advisory jurisdiction. It throws light on the obligations of the flag state of vessels fishing in the exclusive economic zone of another state and on the role of the European Union.
Introductory Note
Authors: Knoops Geert-Jan Alexander
Published: October 2017

The year 2015 has been a memorable year in both a positive and negative way. The acquittal of Mr. Ngudjolo Chui was confirmed by the Appeals Court, which is the first acquittal in appeal by the ICC. The official termination of the case against the sitting president of Kenya Mr. Kenyatta has had an impact on the credibility of the prosecutor and the International Criminal Court itself. Yet, the prosecution displays an increasingly active role as shown by three other cases. The start of the trial against Mr. Ntaganda, the refusal of the prosecutor to investigate the use of force by Israeli Forces during the 2010 naval blockade and the request of the prosecutor to start an investigation in Georgia has shown that. The Georgia request illustrates that the prosecutor is not immune to the criticism it has received for its selection of prosecuting African leaders.
Legal Maxims: Summaries and Extracts from Selected Case Law
Authors: Buono Anna , Napoli Nadia , Oriolo Anna , Tuosto Caterina , Vigorito Anna
Published: October 2017

1.SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO

The Prosecutor v. Mathieu Ngudjolo Chui, Case No. ICC-01/04-02/12-A, Appeals Chamber Judgment on the Prosecutor’s Appeal Decision of Trial Chamber II Entitled “Judgment Pursuant to article 74 of the Statute”, 27 February 2015

The Prosecutor v. Thomas Lubanga Dyilo...
Introductory Note
Authors: Nieto-Navia Rafael
Published: October 2017

When the UN Security Council (UNSC) created the International Tribunals for the former Yugoslavia (ICTY) in 1993, and Rwanda (ICTR) in 1994, it had in mind that the Tribunals were ad hoc and should have a brief life, enough only to bring to justice those responsible for serious violations of international humanitarian law in those countries. In 2010, as a part of the Completion Strategy, the UNSC established the Mechanism for International Criminal Tribunals as a new ad hoc body, with the purpose of making sure that the Tribunals conclude their missions timely and successfully. The ICTR was officially closed on 31 December 2015. The ICTY will finish its work at the end of 2017. In this article is the analysis of the cases decided by the ICTY in 2015, providing the relevant facts of each case, the reasoning and the decision issued.
Legal Maxims: Summaries and Extracts from Selected Case Law
Authors: Bianchi Federico , Brisard Sébastien , Cantillo Guglielmo , Pantelodimou Eirini , Renzulli Carmine , Soprano Roberto , Spano Alessandro , Tuosto Caterina , Vigorito Anna
Published: October 2017

Abdulbasit Abdulrahim v. Council of the European Union and European Commission, Case T-127/09, Third Chamber, Judgment, 14 January 2015

Royaume d’Espagne c. Commission européenne, Affaire T-204/11, Arrêt, Quatrième Chambre, 11 Février 2015

République française c. Commission européenne, Affaire T-135/12, Neuvième chambre, Arrêt, 26 Février 2015...
Introductory Note
Authors: Raimondi Guido
Published: October 2017

In 2015 the Strasbourg Court decided many cases of legal significance. The most important were given by the Court’s Grand Chamber of the Court, which issued a total of nineteen judgments on the merits during the year. The article lists all the Grand Chamber judgments published in 2015 and mentions the relevant subject matters.
The following four cases established important points of European human rights law.
1) Lambert v. France had already attained a very high media profile when it was filed with the Court in mid-2014, concerning the right to life and the end of life.
2) Perinçek v. Switzerland brought before the Court a difficult question about the limits of freedom of expression, concerning in particular freedom of expression and the denial of genocide.
3) Chiragov and Others v. Armenia, and Sargsyan v. Azerbaijan concerned the conflict between Armenia and Azerbaijan. The Grand Chamber decided to hear these cases in parallel considering in particular: (i) the extraterritorial jurisdiction—Armenian jurisdiction over Azen territory and (ii) the presumption of jurisdiction over the entire national territory.
Introductory Note
Authors: Caldas Roberto F.
Published: October 2017

During 2015, the Inter-American Court of Human Rights issued sixteen judgments in contentious cases and two interpretations of previous judgments that covered a wide variety of salient issues for the Inter-American System of Human Rights. The first case selected for this edition of the Yearbook deals with the obligations of states dealing with terrorist threats in the midst of internal armed conflict. The other three cases selected deal with the obligations of states in peacetime: specifically, the obligation to supervise private health providers, particularly when they carry out public functions, the obligation to protect the lives and integrity of women against gender-based violence, and the obligation to guarantee the collective property rights of indigenous peoples while also ensuring the conservation of natural resources. These cases are consistent with the Inter-American Court’s vast jurisprudence regarding states’ duty to guarantee the rights of persons who are particularly vulnerable to human rights abuses.
Legal Maxims: Summaries and Extracts from Selected Case Law
Authors: Valadez Iván Nicolás Lerma , Arechavaleta Iñaki Navarrete , Recinos Julie
Published: October 2017

Case of Cruz Sánchez et al. v. Peru, Judgment, 17 April 2015, Series C No. 292

Case of Gonzales Lluy et al. v. Ecuador, Judgment, 1 September 2015, Series C No. 298

Case of Velásquez Paiz et al. v. Guatemala, Judgment, 19 November 2015, Series C No. 307...
Legal Maxims: Summaries and Extracts from Selected Case Law
Authors: Magnaye Jose
Published: October 2017

Renée Rose Levy and Gremcitel S.A. v. Republic of Peru, ICSID Case No. ARB/11/17, Award, 9 January 2015

Tidewater Investment SRL and Tidewater Caribe, C.A. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/10/5, Award, 13 March 2015

Mamidoil Jetoil Greek Petroleum Products Societe S.A. v. Republic of Albania...
The Federal Constitutional Law on Taxation and Religion
Authors: Zelinsky Edward A.
Published: October 2017

This chapter discusses the tax-related case law of the U.S. Supreme Court under the First Amendment, presaging many of the themes of this book: The first of these is the significance of entanglement considerations in the taxation and exemption of religious entities and actors. Minimizing church-state entanglement should be a critical, often controlling, consideration in the decision to tax or exempt sectarian institutions. A second theme emerging from the Supreme Court’s case law is the distinction between enforcement-related entanglement and borderline entanglement. When it comes to taxing or exempting the church, there are no purely disentangling choices. A third theme is the greater judicial willingness to accept the tax exemption of sectarian institutions and actors when exemption simultaneously extends to non-sectarian entities and individuals. A fourth teaching emerging from the Court’s case law is that an exemption may serve a non-subsidizing purpose and properly help to define the tax base.
State Constitutions on Religion and Taxation
Authors: Zelinsky Edward A.
Published: October 2017

This chapter examines the states’ respective constitutional provisions concerning churches and taxation. These state constitutional measures mandate property tax exemption for religious properties along with exemption for secular eleemosynary properties. However, there is important diversity within the states’ constitutional consensus exempting sectarian properties. Some state constitutions exempt relatively narrowly, relieving from property taxation only “houses of worship.” Other states define exempt property more broadly, extending constitutional tax immunity to any kind of “religious” property, including, for example, sectarian summer camps sponsored by churches and parsonages in which clergy live. This state-by-state diversity in the tax treatment of religious persons and actors is an important theme in this chapter and throughout the book, and an important strength of our federal system of taxation.
The Internal Revenue Code and Religious Institutions
Authors: Zelinsky Edward A.
Published: October 2017

This chapter examines the Internal Revenue Code’s treatment of religious entities. The federal tax statute embodies three diverse approaches to taxing and exempting sectarian organizations and activities. Some provisions of the Code—the charitable deduction, the general income tax exemption for eleemosynary institutions, the federal unemployment tax—exempt religious entities and other charitable, educational, and philanthropic institutions. Other provisions of the Code narrowly target churches for tax exemption. For example, the Code relieves churches of filing requirements with which nonchurch religious entities and other eleemosynary organizations must comply. Similarly, churches’ retirement plans receive lenient treatment under the Code. Churches receive procedural protections from IRS audits.Yet other provisions of the Code tax churches as for secular entities. Churches generally pay FICA taxes—Social Security and Medicare payroll taxes—on the compensation paid to nonclerical employees. These payroll taxes can be considerable. Churches also pay federal income taxes on their unrelated business incomes.
State Tax Statutes and Religious Exemptions
Authors: Zelinsky Edward A.
Published: October 2017

This chapter examines the states’ statutory approaches to taxing and exempting churches. Here too an important theme is diversity. The various states and their taxes treat religious institutions diversely. Sometimes, churches and religious institutions are taxed like secular entities. In other contexts, sectarian entities and persons are tax-exempted along with secular eleemosynary institutions and actors. Yet other state tax provisions narrowly exempt religious organizations. Within the states’ broad statutory consensus exempting religious and other eleemosynary properties from taxation, there are notable differences. The states’ state sales tax statutes are highly diverse in their approaches to religious institutions. In contrast, the states’ income tax statutes all mirror the Internal Revenue Code’s income tax exemption of eleemosynary entities including religious entities. Real estate transfer taxes typically apply to sales and purchases by churches and other religious institutions. State unemployment taxes generally exempt churches while taxing nonchurch religious entities.
Parsonages, Parsonage Allowances, and the Religious Exemptions from Social Security Taxes and the Health Care Mandate
Authors: Zelinsky Edward A.
Published: October 2017

This chapter revisits the tax status of parsonages and parsonage allowances. The tax treatment of these allowances is an important test case for many of the themes advanced in this book. Some states exempt clerical residences from taxation. Other states do not. The Internal Revenue Code excludes from ministers’ gross incomes both the imputed rental value of parsonages provided in-kind and cash parsonage allowances. These income tax exclusions are constitutionally permitted, though not constitutionally compelled, to reduce church-state enforcement entanglement. Such minimization of church-state entanglement is a legitimately nonsubsidizing, secular purpose. However, the Code’s exclusion of cash housing allowances from ministers’ incomes is not justified as a matter of tax policy. Such cash transactions are easily valued and give cash to the minister to pay income tax. Thus, taxing cash parsonage allowances would entail less enforcement entanglement than would the taxation of housing provided to clergy in kind.
Constitutional and Tax Policy Issues
Authors: Zelinsky Edward A.
Published: October 2017

This chapter places the analysis in the book’s context of the extended scholarly debates about the First Amendment and the proper tax treatment of nonprofit entities. These debates include four constitutional controversies: the original understanding of the First Amendment, the relative merits of judicial and legislative decision-making in exempting churches from laws of general applicability, the criteria which should govern legislative exemptions from laws of general applicability, and the rhetoric of separationism under the First Amendment. In addition, It places the book’s analysis in the context of two important tax policy controversies: the possible income taxation of non-profit institutions and the future of the unrelated business income tax (UBIT). This chapters address each of these debates in the context of taxing and exempting churches. The underlying theme of this final chapter is that discussion both of the First Amendment and of tax policy would be enhanced by greater attention to the considerations at play when taxing or exempting churches and to the various policies which Congress and the state legislatures have embraced in response to these considerations.
1645
Authors: Ezell Margaret J. M.
Published: October 2017

This section describes context of the political and military events of the changing balance of power in the Civil War as Charles I lost control to Cromwell, Parliament, and the Puritans. It explores the royalist literary responses, the effects the war on booksellers and the theatres, the Puritan models of polemical and autobiographical writing, and the proliferation of newsbooks. Although the London theatres were officially closed, dramatic performances continued, some clandestine others in alternative venues, with the publication of play texts and volumes of verse by royalist poets ensuring they remained visible.
Fiction and Adventure Narratives: Romantic Foreigners and Native Romances
Authors: Ezell Margaret J. M.
Published: October 2017

Commonwealth publishers actively promoted the sales of fictions, including translations from continental authors and new English titles. Romances were frequently associated with royalist sympathies
1674–1675
Authors: Ezell Margaret J. M.
Published: October 2017

London continued to be the centre for literary publications ranging from cheap ephemera broadsides and ballads to works offering self-improvement, such as dictionaries, and new fiction, called novels, for entertainment. The ongoing wars with the Dutch resulted in satires and lampoons on the government and the court. Parliament was increasingly concerned with the royal succession and manuscript newsbooks carried information and gossip from London and the continent into the provinces, including the Indian wars in New England. The taste in theatre favoured witty contemporary comedies by William Wycherley, John Dryden, and Aphra Behn and sensational tragedies by new dramatists including Thomas Otway and Nathaniel Lee. Productions often featured spectacular scenery, music, and special effects. Didactic writers such as Richard Baxter and Samuel Clarke offered guidance for humble readers in everyday devotional situations.
Poets and the Politics of Patronage and Literary Criticism
Authors: Ezell Margaret J. M.
Published: October 2017

Some of the most prominent and powerful literary and artistic patrons were also highly regarded poets themselves, including the Earls of Rochester, Dorset, Mulgrave, and Roscommon. Dryden and other dramatists such as Shadwell and Etherege enjoyed support and preferment from them, as did poets including Matthew Prior and Nahum Tate. The poets and their patrons were shaping an emerging discourse of literary criticism with essays on tragedy, translation, and on satire, attempting to situate contemporary English writing in the context of classical models and Shakespeare.
1685–1686
Authors: Ezell Margaret J. M.
Published: October 2017

The transition between the reigns of Charles II and James II brought controversy, with an openly practicing Catholic on the throne, the Duke of Monmouth’s rebellion, and the consolidation of the Whig and Tory parties in Parliament. Poets and dramatists responded to these national events. while also dealing with increasing attempts by both court and clergy such as Jeremy Collier to reform the libertine court and stage. A new generation of dramatists appeared, including William Congreve, Thomas Southerne, and the so-called Female Wits, Delarivier Manley, Mary Pix, and CatharineTrotter.
Laws Regulating Publication, Speech, and Performance, 1685–1699
Authors: Ezell Margaret J. M.
Published: October 2017

This section covers the renewal of the Licensing Act and growing resistance in Parliament; its lapse in 1695 altered censorship. The stage continued to be monitored by the Lord Chamberlain and Master of the Revels, as part of the larger attempts to reform it. A controversial Act of Toleration passed by James still restricted dissenters and Quakers, but permitted Catholics to serve in public offices
Heard in the Street: Broadside Ballads
Authors: Ezell Margaret J. M.
Published: October 2017

Inexpensive broadside ballads were the most ubiquitous literary form during this period, ranging from traditional love songs to didactic warnings about transgressive behaviour to journalistic accounts of contemporary events. Ballads were performed in the streets, purchased for a penny, and posted in public places
Kit-Cats and Scriblerians: Clubs, Wits, the Tatler, the Spectator, and The Memoirs of Martin Scriblerus
Authors: Ezell Margaret J. M.
Published: October 2017

The first decades of the eighteenth-century were marked by the rise of sociable clubs of like-minded wits, writers, and politicians, notably the Whig-sympathetic Kit-Cats. Addison and Steele collaborated on periodical publications including the Tatler and the Spectator, with essays on contemporary taste and literary culture. Tory sympathizers including Jonathan Swift produced satiric commentary in publications such as the Examiner. Pope and Swift formed a loose association of satirists, The Scriblerians, which produced The Memoirs of Martin Scriblerus.
‘The Great Business of Poetry’: Poets, Pastoral, and Politics
Authors: Ezell Margaret J. M.
Published: October 2017

Many poets first appeared in print in miscellanies published by John Dryden and Jacob Tonson that appeared in the 1690s and continued to be published through the first two decades of the eighteenth century, Others first appeared in periodicals such as the Spectator and the Guardian. Women poets including Mary Mollineux, Sarah Fyge, Elizabeth Singer Rowe, Mary Chudleigh, and Anne Finch published book-length collections. Among the most popular poetic forms were the Pindaric ode and the pastoral, some poets attempting to match classical models, others such as Gay making mocking use of the pastoral to comment on contemporary life. Isaac Watts published important and influential collections of hymns. Daniel Defoe published his longest satire, Jure Divino. Our view of many popular poets of this decade, however, including John Dennis, Thomas Tickell, Richard Blackmore, and Ambrose Philips, has been through the lens of Alexander Pope’s later satire on his contemporaries, The Dunciad.
The Reforming Organization
Authors: Brunsson Nils
Published: October 2017

This chapter discusses the book’s main themes. The book is intended to contribute to the literature on change in general and organizational reform in particular. It is also intended as a contribution to the discussion within the so-called institutional analysis of how and why certain organizational forms are adopted by organizations in a variety of fields and in geographically dispersed areas. This book is based on numerous empirical studies of reforms in companies and in public administration. In addition, it relies upon an extensive literature on public sector reform that has evolved since the 1980s and has produced a great deal of empirical data that speak to the more general literature on reforms. An overview of the subsequent chapters is also presented.
Beliefs Creating Reform: The Case of Markets and Organizations
Authors: Brunsson Nils
Published: October 2017

This chapter discusses the difference between beliefs and practice within institutions, and investigates the effects of this difference on the frequency of reforms. It argues that even when beliefs are poor descriptions of practice, they can still have important, although more indirect, practical effects. One such effect is the production of reforms. This thesis is illustrated by referring to institutionalized beliefs about the organizations, comparing it with the institutions of the market and the individual. It highlights three effects of institutional beliefs: their effect on responsibility allocation, on legitimacy, and on reform. Differences between beliefs about organizations and beliefs about markets lead to differences in the way responsibility is allocated within these institutions.
Politicization and ‘Company-ization’ – On Institutional Affiliation and Confusion in the Organizational World
Authors: Brunsson Nils
Published: October 2017

This chapter argues that individual organizations are generally constructed in a way that combines elements from more than one institution. This creates what can be called institutional confusion. It also presents some possible explanations of such confusion. It focuses on two institutions: the political organization and the company. It describes them as they find expression in laws, scientific theories, and the ideas that prevail inside and outside organizations. The intention is to separate and clearly differentiate between the institutions, producing descriptions of what we could perhaps call institutional ideal types. From a multitude of ideas and perceptions, the chapter attempts to construct two logically consistent types. It then discusses how actual organizations relate to these types.
Reform and Power
Authors: Brunsson Nils
Published: October 2017

The essential idea behind organizational reform is that reformers are powerful — that they can freely choose and create new forms that improve operations and lead to better results. Drawing on observations in previous chapters, this chapter examines the extent to which this idea is a realistic one. It begins by examining the assumption of the reformers’ power over organizational forms and operations, discussing the causes of reforms, their contents, and their consequences. It then considers the role of reforms in image building, and questions the assumption that reforms are primarily a matter of change. It is argued that reformers have limited power in reform processes. Reforms are initiated by other processes than by the intervention of reformers. The content of reforms is decided by institutionalized belief systems and by standards produced by external experts rather than by reformers.
The Hopeful Organization
Authors: Brunsson Nils
Published: October 2017

This chapter provides some examples of ‘mechanisms of hope’ that prevent people from relinquishing their ideals — that keep them hopeful and encourage them to continue reforming even when they experience great difficulty in implementing their reforms. Mechanisms of hope are necessary ingredients in a world in which we are expected to believe in lofty ideas, in a world in which practical experience is not allowed to play an overly important role in forming our ideas, and where we are able to try repeatedly to reform our practice to conform with these ideas, even if such reforms constantly fail. In short, hope is a fundamental, cultural factor in explaining the production and reproduction of reform.
Introduction
Authors: Moreno-Lax Violeta
Published: October 2017

This chapter presents the subject matter under scrutiny and provides a historical account of the development of extraterritorial strategies of migration management in Europe, coinciding with parallel changes in refugee movements and the composition of migratory flows on the global scale. The objective and research questions the study seeks to address are also introduced, together with a description of the methodology underpinning the research. In particular, the ‘cumulative standards’ or ‘integrated interpretation’ model employed to construe EU Charter of Fundamental Rights standards is canvassed. The concept of ‘jurisdiction’ and the alternative ‘Fransson paradigm’ applicable to interpret the scope of application of EU law is also briefly defined. The structure of the book is outlined at the end, providing an overview of the different chapters and their interrelation.
Conclusions
Authors: Moreno-Lax Violeta
Published: October 2017

This chapter summarizes the overall conclusions to which the findings arrived at in previous chapters lead. The research points to a persistent disregard of the particular position of exiles in relation to pre-border controls. It emphasizes how the general references to human rights and refugee law introduced in each of the instruments analyzed in Part I are insufficient to guarantee the rights identified in Part II. While ‘integrated border management’ (IBM) measures include some recognition of their potential impact on access to asylum in the Member States, no provision is made for adequate procedures and remedies through which compliance with the protection obligations imposed by EU law would be ensured in practice. On this basis, the chapter closes with a final assessment of IBM tools as currently operationalised, suggesting that either these be adapted to the fundamental rights acquis or abandoned as incompatible with the founding values of the EU.
On Reverse Engineering and Decompilation
Authors: Shemtov Noam
Published: October 2017

This chapter examines reverse engineering and the decompilation of computer programs, both of which are highly regulated under the current copyright regime. It begins with a practical overview of reverse engineering and decompilation of software, focusing on types of reverse engineering prevalent in the software industry, the various stages of reverse engineering, and the motivation and methods for reverse engineering. It then looks at the reasons for and benefits of decompilation, which is a category of reverse engineering, and examines software interoperability. At this stage the chapter considers what EU and US copyright laws say about decompilation, with particular emphasis on the role that the idea-expression dichotomy plays in decompilation scenarios. It also discusses the problem of entitlement with respect to intellectual property rules, and more specifically in the case of decompilation of computer programs. It provides a critical evaluation of Article 6 of the Software Directive in enabling decompilation in order to achieve interoperability. The chapter concludes with a commentary on reverse engineering in the cloud environment under copyright law.
Patenting Software
Authors: Shemtov Noam
Published: October 2017

This chapter examines some key elements of patent protection for computer-implemented inventions, with particular emphasis on the patent eligibility of software-implemented inventions in the United States and European Patent Office. It begins with an overview of computer-implemented inventions in the United States, focusing on policy trends and judicial interpretation. It analyses the US Supreme Court ruling in Alice Corp. Pty. v. CLS Bank Int’l. and its effect on the landscape of software-related patents, before discussing computer-implemented inventions at the European Patent Office, highlighting trends and the development of case law. Finally, it considers the convergence of the current approaches in the United States and European Patent Office with respect to patenting of software.