bluuebunny/crossref_metadata_2025 huggingface dataset:
Arts in Healthy Aging
Authors: Dewey Lambert Patricia , Blandy Doug , Wyszomirski Margaret
Published: April 2024

Countries everywhere are under enormous pressure to provide healthy aging supports and services to their rapidly growing populations over the age of 60. The arts offer unique opportunities to be part of a system of solutions for supporting healthy lifespans throughout all stages of the aging process. For decades, the arts and culture sector in the United States has demonstrated success in supporting healthy longevity in older adults, yet the current creative aging field remains largely under-recognized, under-utilized, inadequately resourced, and incompletely structured. Arts in Healthy Aging is a comprehensive study of why and how purposefully designed programs that engage the visual, performing, and literary arts can support the health and well-being of older adults. This book argues that it is the right time for the American arts and aging movement to restructure itself as a national network and advocacy coalition across four domains: the arts, health, aging, and lifelong learning. Building on decades of published research, government documents, and program models, the book provides historical perspectives, new theoretical approaches, analytical models, resources for researchers and practitioners, and pathways forward for advancing the interdisciplinary arts in healthy aging field of scholarship and practice. Although focused on the United States, the discussion of policies and practices is relevant and applicable to other countries as appropriate to their specific contexts.
How the Arts Support Health and Well-Being Outcomes in Older Adults
Authors: Lambert Patricia Dewey , Blandy Doug , Wyszomirski Margaret J.
Published: April 2024

“How the Arts Support Health and Well-Being Outcomes in Older Adults” provides an array of analytical models to support arts in healthy aging program design. The chapter begins with discussing the sociocultural context of older adults’ health and well-being, as well as basic concepts and theories regarding human development in late life. This material leads to an analysis of diverse motivations that older adults may have to choose to participate in creative aging programs and activities, as well as how the arts support distinct health and well-being outcomes in all phases of the natural aging process. Crucial information is provided for identifying inputs, outputs, and outcomes for creative aging programs. The chapter concludes with a robust presentation of basic design elements that can be manipulated for developing an array of arts in healthy aging programs intended to support specific health and well-being outcomes.
Older Adults, Community Arts Participation, and Age-Friendliness
Authors: Lambert Patricia Dewey , Blandy Doug , Wyszomirski Margaret J.
Published: April 2024

“Older Adults, Community Arts Participation, and Age-Friendliness” brings the concepts, theories, and recommendations from the preceding two chapters to life in discussing community-based organizations’ arts programs for healthy aging. This chapter investigates arts programs and services for older adults, which are provided as either a primary or a secondary focus of community-based organizations of various kinds, especially in the community arts field. The chapter discusses barriers to participation that arise from ageism, ableism, and the recent challenges of COVID-19. The chapter emphasizes strategies for developing person-centered approaches to participation and for contributing to an age-friendly community infrastructure. This chapter culminates in a robust set of questions that advocates for arts in healthy aging can ask to support the design, planning, implementation, and evaluation of arts-based programs for older adults that are provided in America’s communities.
Advancing Public Policy and Professional Practice for the Arts in Healthy Aging
Authors: Lambert Patricia Dewey , Blandy Doug , Wyszomirski Margaret J.
Published: April 2024

“Advancing Public Policy and Professional Practice for the Arts in Healthy Aging” builds on the previous nine chapters of this book to develop concrete recommendations to advance the arts in healthy aging field. After summarizing the major arguments made throughout the book, this chapter articulates four main research findings from our study on the current state of creative aging policy and practice in America. The chapter then turns to specific recommendations for activating an effective national network and advocacy coalition as a restructured arts in healthy aging ecosystem across the domains of the arts, health, aging, and lifelong learning. The chapter concludes with developing a new logic model for activating the authors’ 8Ps Framework for Arts in Healthy Aging.
Introduction
Authors: Simon Hendrik
Published: April 2024

The introductory chapter provides the rationale for the book and its main arguments. It presents the prevailing thesis that sovereign states enjoyed a ‘free right to go to war’ (liberum ius ad bellum) before the early twentieth century, and outlines how this thesis is deconstructed in the book. The chapter offers preliminary insights on the book’s structure and its theoretical and methodological foundations: the alleged political arbitrariness of states’ decisions to wage war in the nineteenth century can be refuted through a historical analysis of war justifications in political practice and normative theory. At the same time, this genealogy of modern war justifications enables identification of the context in which the myth of liberum ius ad bellum emerged. The result is the hitherto untold story about war, normativity, and the birth of modern international order, in two parts, which are outlined in more detail in the chapter’s concluding remarks.
Thesis and Antithesis
Authors: Simon Hendrik
Published: April 2024

Proponents of liberum ius ad bellum usually cite this provocative proposition only very briefly—as if it needed no further explanation. Chapter 2, in contrast, investigates the substantiation of this thesis in greater detail. To this end, the proposition of liberum ius ad bellum is critically reconstructed in order to show that it emanated not only from the realist narrative of ‘anarchy’, but also from a liberal teleological narrative of ‘progress’ (Chapter 2.2). Against these oversimplifying narratives, the chapter develops the counter-thesis that throughout history, war has always required normative justification (Chapter 2.3). Contrasting thesis and antithesis, the book’s theoretical premise will become apparent: the justification of war constitutes a political discourse on normatively ordering the international.
Conclusion
Authors: Evans Elizabeth , Reher Stefanie
Published: April 2024

Disability and Political Representation provides an in-depth analysis of the range of ways in which the political representation of disabled people matters. This concluding chapter brings together the key findings of the research to address the initial research questions and to elaborate on the three overarching arguments of the book. First, there are significant ableist barriers preventing disabled people from participating in the political process. Second, increasing the number of disabled representatives matters. And third, the lived experiences of disabled politicians can benefit the substantive and symbolic representation of disabled people. The idea of experiential representation emphasizes the important role that lived experience of disability plays in the representation of disabled people living in ableist societies. The concept of ableist institutions was developed to better capture the ways in which formal rules and informal norms and cultures marginalize and exclude disabled people from politics. The chapter concludes with a list of recommendations for improving accessibility to politics for disabled people, as well a as potential future research agendas to further enhance and develop our understanding of the role of disability in political representation and the representation of disabled people in politics.
The Neo-Carnapians
Authors: van Inwagen Peter
Published: April 2024

This chapter defends the neo-Quinean approach to ontology against the criticisms of two present-day admirers of Carnap’s critique of metaphysics, Huw Price and Amie Thomasson. A large part of its task is to discover what those criticisms are, for their statements are very abstract. A straightforward Quinean argument for the existence of numbers is presented, and the author attempts to discover how the highly general criticisms of Price and Thomasson might be applied to this particular neo-Quinean argument. But the criticisms are so very abstract that no sure answer to the question whether they apply to this argument can be reached.
In Defense of Lightweight Platonism
Authors: van Inwagen Peter
Published: April 2024

Analysis of our discourse shows that when we speak, we tacitly affirm the existence of relations, including 0-term relations or propositions, and 1-term relations or attributes. (“Attributes” are not constituents of substances, they cannot enter into causal relations, and it is false that an F object is F in virtue of instantiating the attribute of being F.) Propositions are things that can be said, attributes are things that can be said of things, and “proper” relations are things that can be said of pluralities of things. Relations must be necessarily existent or some true propositions might not have been possible.
In Defense of Transcendent Universals
Authors: van Inwagen Peter
Published: April 2024

David Armstrong held that postulating the existence of immanent universals enabled one best to solve certain philosophical problems. It is here maintained (a) that those problems are pseudo-problems, (b) that postulating entities to solve philosophical problems is a bad way to proceed in philosophy, (c) that many, many assertions made in every life and in the sciences—assertions that seem obviously to be true—entail the existence of transcendent universals, and finally (d) that this can be demonstrated by showing that if those assertions are expressed what Quine calls “the canonical notation of quantification,” one can formally deduce from them the formal counterparts of such sentences as ‘There are features’ and ‘Characteristics exist’.
Instruction and Storytelling
Authors: Arnold John H.
Published: April 2024

There were various tenets of faith and associated ideas that informed the shape of Christian life and behaviour, some of which stayed consistent across many centuries, others developing and changing within the period studied here. This chapter asks how much of this Christian ‘knowledge’ lay people were expected to have, how much they did in fact possess, and how they related to it. Using a variety of pastoral works, ecclesiastical councils, inquisition records, and some twelfth-century vernacular sermons, the chapter explores how the depth of knowledge required of the ordinary Christian developed between the eleventh and fourteenth centuries. It explores also how much written material, available directly or indirectly, might have reached the laity, with particular attention paid to the New Testament, and to a variety of thirteenth- and early fourteenth-century vernacular works of pious instruction. Throughout the chapter, the difference is explored between doctrinal instruction and Christian ‘storytelling’, as a different mode of communicating matters of faith.
Moral Responsibility Scepticism, Epistemic Considerations and Responsibility for Health
Authors: Shaw Elizabeth
Published: April 2024

This chapter discusses whether patients should face penalties for unhealthy lifestyle choices. The idea that people should be held responsible for their bad health decisions is often associated with “luck egalitarianism”. This chapter explains the connection between responsibility-sensitive health care policies and luck egalitarianism and outlines some criticisms that have been made of luck egalitarianism in this context. It then highlights the implications of moral responsibility scepticism for luck egalitarians and other proponents of similarly responsibility-sensitive approaches to health care. Theorists who have discussed the practical implications of moral responsibility scepticism have focused primarily on criminal punishment and, in that context, have often invoked an epistemic argument, maintaining that there are at least serious doubts about whether people are morally responsible (in the sense required for retributive punishment) and that, in view of this uncertainty, retributive punishment is unjust, given the serious harm it inflicts on offenders. This chapter argues that this type of reasoning also implies that we should not take patients’ responsibility for their poor health into account when deciding whether to give these patients treatments and that the health system should not impose significant penalties on individuals for harming their own health. Culpability-based desert seems to stand a better chance of helping luck egalitarians (and others with related views) to justify responsibility-sensitive health care policies compared with some alternative approaches. However, this chapter casts doubt on the idea that responsibility-sensitive health care policies based on this kind of desert are justifiable, focusing on doubts about whether people are morally responsible for harming their own health, whether harming one’s own health is morally wrong, and whether significant penalties for harming one’s health would be proportionate.
The hierarchical nature of biology
Authors: Chipman Ariel D.
Published: April 2024

Biology is extremely complex. We can deal with this complexity by breaking it down into hierarchically structured levels. One type of biological hierarchy is the level of complexity. The simplest biological unit is the macromolecule. From this, complexity builds up through organelles, cells, tissues, organs and systems, up to whole organisms. A second type of biological hierarchy is taxonomical hierarchy. The basic unit in taxonomy is the species. Species are ordered into higher taxonomic levels: genera, families, orders, classes, phyla, and, finally, the animal kingdom. Another approach to dealing with complexity is through generalizations. Comparative biology allows us to find generalities that hold true in many cases, but it is important to remember that every generalization is no more than a generalization, and can have exceptions.
Parasitism
Authors: Chipman Ariel D.
Published: April 2024

Parasitism is a mode of life in which one organism, the parasite, lives on or in another organism, the host, in a relationship that benefits the parasite while causing harm to the host. Parasitism is a highly successful strategy that has evolved numerous times. Parasites are found in almost all animal phyla. Over evolutionary time, there is an evolutionary race between parasite and host, the host specializing to better avoid the parasite and the parasite evolving to overcome the defenses of the host. Parasites therefore undergo very rapid evolution with many adaptations evolving convergently in different parasite lineages. Many parasites have secondarily simplified bodies, losing a number of organ systems. Many parasites have evolved complex life cycles. Parasitism is one of the most fascinating areas of study within evolutionary biology. Parasites are an important component of the ecosystem, with a high proportion of animals being parasitized at some level for most of their lives.
Annelida
Authors: Chipman Ariel D.
Published: April 2024

Annelida is a phylum of segmented worms, found mostly in the sea, but also in fresh water and in damp terrestrial environments. Annelids are bilaterally symmetrical with a coelom. Many marine annelids are characterized by chaetae or bristles, often coupled with lateral flaps known as parapodia. Some taxa are characterized by a mobile or errant lifestyle, whereas others tend to be sessile. The degree of motility is strongly linked to body structure and type of segmentation. Many annelids have extensive regenerative capabilities, and these are often linked with the ability to reproduce asexually through fission or segment shedding. Annelida includes Clitellata (the group including terrestrial worms), which usually have no bristles and no regenerative capabilities. They are unified by a typical mode of mating and reproduction involving a clitellum. The leeches are also included in Clitellata, and they display a modified body plan specialized for blood sucking.
Size and complexity
Authors: Chipman Ariel D.
Published: April 2024

Animal sizes vary over many orders of magnitude. The size of an animal affects many parameters from physical parameters of relative size, or allometry, of different structures, to physiological aspects, such as energy use and heat retention. Locomotion functions differently at different sizes, both in water and in air, due to different properties of fluids at different scales. Transfer of nutrients and oxygen within an animal’s body depends on size, with larger sizes requiring more efficient transport systems. Complexity also varies widely among animals, but defining complexity is not as straightforward as defining size. Measures of complexity are often subjective and are done in reference to perceived notions of what elements of complexity are most important. Different animals can manifest complexity in different ways, and examples of superficial simplicity in one aspect may mask much higher complexity in other aspects.
Love and the Working Class
Authors: Lystra Karen
Published: April 2024

Based on over five thousand letters written by both Black and white working-class Americans in the period 1830–1880, Love and the Working Class features the personal expression of ordinary Americans as they find a mate, joke or boast about sex, argue with their spouse, and express their feelings of attachment in both prose and poetry. Most of the letter writers had no more than a third- or fourth-grade education, and some of them were illiterate. Yet they or their scribe took pen and pencil in hand, often sounding out words as they wrote. Readers can “hear” them speak to each other as they expressed their sense of intimacy within the collective relationships of their local community or tribe. Their sense of community included an almost universally accepted yet unspoken demand for racial homogeneity in courtship and marriage. Love and the Working Class makes an innovative and distinctive contribution to the history of emotions as well as American social and cultural history. The focus on courtship and marriage includes an original analysis of nonromantic love. Poetry, letter-writing, and the range of emotions surrounding death are also featured. Working-class feelings are interpreted in response to a wide-range of nineteenth-century experiences, including the Civil War. It is through the lens of personal letters that poor, unschooled Americans show us how they felt about love and how they created meaningful attachments in their uncertain lives.
Introduction
Authors: Lystra Karen
Published: April 2024

Better-educated Americans looked down their noses at the “poor class of people.” This disdain is described in the author’s discussion of middle-class intimacy in Searching the Heart: Women, Men and Romantic Love in Nineteenth-Century America. Her middle-class research raised many unanswered questions about the beliefs and behaviors of “the poor class of people.” Did they have the same courtship rituals as their middle-class contemporaries? How did they talk about sex? Were their ideas about love similarly romantic? What about their vocabulary of love and intimacy? What did they think about marriage and how did they relate to spouses? What did they feel most passionately about? Finding an abundance of nineteenth-century letters written by working-class Americans—Black and white—provided the key to answer those questions.
Roses Are Red / Violets Are Blue
Authors: Lystra Karen
Published: April 2024

Poor, unschooled Americans regularly included poems in their letters. They also included snippets of popular songs and ballads. In most cases, they repeated short rhymes that circulated by word of mouth and did not require any education to learn or to modify. Both Black and white beneficiaries of this oral tradition had no concern for an author and did not receive a stable text attributed to an individual poet. They favored vernacular rhymes that were essentially “owned” by the group. They most often trusted these anonymous folk poems to structure their communication of love. “When this you see / Remember me / Tho many a mile / a part we be” was the most widely circulated vernacular rhyme exchanged in their nineteenth-century letters. Memory defined caring in the working-class language of intimacy. The common feeling of anxiety over being forgotten when living outside their face-to-face community predominated in this popular poem.
Introduction
Authors: Burton Simon J. G.
Published: April 2024

The Prologue offers an overview of the Reformation of method from Augustine of Hippo through to the Ramist movement, providing an orientation to the rest of the book. It highlights and explains an important nexus of Realism, exemplarism, and illumination fundamental to Ramism. Beginning with Augustine it shows how these themes coalesced into a distinctive Christian philosophy taken up and refined by Franciscans such as Bonaventure of Bagnoregio and John Duns Scotus, as well as by Ramon Lull, the Franciscan-inspired encyclopaedist. It traces the continuation of this methodological impulse into the Platonism and Christian humanism of the Renaissance, highlighting especially the topical and Realist (Scotistic) reform of logic pioneered by Lorenzo Valla and Rudolph Agricola. It concludes by showing the reception of this topical and biblical reform in Philipp Melanchthon and the movement of Reformed scholasticism, revealing Reformed Scotism and Christian philosophy as important preconditions for Ramism.
Catholic Symphony
Authors: Burton Simon J. G.
Published: April 2024

This chapter considers scholastic opposition to Ramism and the manner in which it led to a wider reconfiguring of Ramist logic and renewed metaphysical engagement. It begins by considering the Scotistic logic and metaphysics of Julius Caesar Scaliger and its absorption into Ramism and Reformed thought by Rudolph Goclenius. It then considers its uptake by Amandus Polanus von Polansdorf and his development of a Platonic and Realist logic at the University of Basel. It considers his development of a new symphonic method of theology, his engagement with Thomist and Scotist approaches to theology, and his adoption of a Trinitarian and scriptural exemplarism redolent of Bonaventure. It also considers the fusion of Ramistic and Bonaventuran notions of method in Stephanus Szegedinus and its relation to an analogical and participationist understanding of reality. It concludes by highlighting the role of Ramism in instituting a wider Trinitarian and transcendental turn in Reformed theology.
Advocacy and the opioid crisis
Authors: Ukockis Gail
Published: April 2024

Building on the framework of the previous chapters, Chapter 10 provides examples of successful activism regarding the opioid crisis. One example is a small town that mobilized to demand Congressional hearings and accountability for the pharmaceutical companies that had flooded their area with opioids. A case study of homelessness in Denver describes how a housing shortage can exacerbate the drug use. A discussion of harm reduction also presents the reader with concrete ways to advocate for persons with opioid use disorder. For example, supervised injection sites provide drug users a safe place and medical supervision. Like methadone clinics, these sites have caused much controversy.
The Zurich Origins of Reformed Covenant Theology
Authors: Hildebrand Pierrick
Published: April 2024

This book proposes that the covenant theology initiated by Huldreich Zwingli (1484–1531) and substantially shaped by Heinrich Bullinger (1504–1575) influenced later developments in Reformed covenant theology more fundamentally than previously assumed. Where previous scholarship held the different Reformed traditions to be in tension, this study identifies continuities running from Zwingli and Bullinger to John Calvin and early orthodox formulations in Heidelberg. A close reading of an unprecedented range of sources, both printed and in manuscript, allows us to see how after Zwingli’s covenantal turn in mid-1525, two particular elements became threads running through covenant theology: union with Christ as the realization of the covenant and the concept of a prelapsarian covenant.
Dynamics of Encounter
Authors: Cook Nicholas
Published: April 2024

This chapter contests reified ways of thinking about music based on a monolithic conception of society (which music reflects) or the working of impersonal forces (such as style history). Rationalisation and modernisation have deemphasised agency – as illustrated by today’s culture of classical music performance – or reduced it to celebrity. The antidote is not, however, to conceive musical creativity in purely individualistic terms, as if history was produced by geniuses or Great Men. It is rather to see music as a social accomplishment – as something that a lot of people do jointly – and to think of society as something that is constituted through human relationships (including the networks of mutual listening and performance explored in Chapters 1 and 2). Drawing on Emmanuel Levinas, the chapter proposes a model of encounter as openness to the other and illustrates it through the example of music therapy, where the relational dimensions inherent in all musicking become plain to see (and hear).
Between Lucknow and London
Authors: Cook Nicholas
Published: April 2024

The chapter begins by reviewing and critiquing the impact of postcolonial theory on music studies before turning to a case study of the Hindostannie air, a genre that was briefly fashionable in Britain around 1800. It uses surviving notations to reconstruct aspects of the cross-cultural encounters that gave rise to the Hindostannie air, focussing on how musicians placed their own musicality on the line in the attempt to reach out to the cultural other. It also explains the different responses to the airs of those who had first-hand experience of Indian music – who insisted on their authenticity – and those of London musicians who lacked such experience and found the notations unintelligible; the result was the total assimilation of the airs within the norms of middle-class British musicking. The underlying argument is that music can provide access to dimensions of cross-cultural interaction that can hardly be captured in any other way.
Sung Rhetoric
Authors: Drummond Henry T.
Published: April 2024

Having analysed the rhetorical context that influenced song composition, this chapter turns to the musical-poetic structures and narratives of the Cantigas themselves. A key issue tackled here is how a cantiga de miragre accommodates a linear narrative text alongside a repetitive, refrain-based form that is cyclical. In this chapter, rhetorical principles are shown to channel a miracle song’s narrative to work alongside a contradictory song form. Musical-poetic structure—far from being an impediment to narrative cohesion—can thereby clarify a song’s meaning by highlighting points of narrative focus. These arguments are supported by theoretical precepts from medieval preachers, such as Thomas of Chobham in his Summa de ars praedicandi, thereby demonstrating how the rhetorical dispositio is still very much at play in the cyclical cantiga de miragre.
Cantigas and Image-Building
Authors: Drummond Henry T.
Published: April 2024

The Cantigas offer a window into a rich social-cultural context. These songs were crafted during Alfonso X’s final years, amidst an increasingly fractured realm. The political implications in the Cantigas’ textual narratives have been the subject of numerous studies; however, few have considered how their nature as song plays into this dynamic. This chapter focuses on a handful of songs that address events that took place during Alfonso X’s reign. Through song, the Cantigas’ performers and listeners are transported to a space separated from their everyday realities. Such a space is conditioned, like a game, by structural parameters that govern an audience’s expectations. These rules that are integral to song make the Cantigas a suitable tool to promote Alfonso X’s legitimacy to rule. In participating in the performance of song, the Cantigas’ intended audience feed into a courtly narrative, playing along with accepted versions of Alfonsine history.
Myths of Community Survival
Authors: Tanyag Maria
Published: April 2024

Chapter 3 examines the community as a site of everyday bodily depletion and where the gendered political economy of crisis interventions plays out. It examines bodily autonomy within the political economy of care and control in communities especially during crises by drawing on experiences of internally displaced populations in the Philippines and discusses how restrictions to SRHR are exacerbated under conditions of feminized community survival. As an interconnected arena for household social reproduction, a community’s survival depends on feminized forms of labor. Women therefore comprise the reliable constituents of an underpaid, voluntary, and overworked community workforce because of deeply embedded norms on female altruism, obligation, and self-sacrifice that are reinforced through crisis responses.
Conclusion
Authors: Tanyag Maria
Published: April 2024

The conclusion provides critical reflections on how the enjoyment of sexuality and right to pleasure are integral to the human struggle for dignity even in the face of suffering. The chapter considers this often-controversial issue and the ways it has been discussed by advocates and politicians, including in the Philippines. It shows that renewing feminist activism requires a rethinking of global peace and security such that SRHR is recognized, but not as a collateral issue where patriarchal bargains need to be made in order to advance feminism in global agendas. Rather it should be a cornerstone feminist issue that ties together all sites, forms, and temporalities of gender equality.
Introduction: Emotions as a Topic of Cross-cultural and Historical Investigation
Authors: Cairns Douglas , Virág Curie
Published: April 2024

This chapter introduces the volume’s project, a cross-cultural comparison of approaches to emotion in ancient China and ancient Greece and in the two disciplines which have investigated those cultures. It thus encompasses comparison of the methods of two scholarly disciplines as well as the materials and sources of two ancient cultural traditions. The chapter argues that emotions are (a) vernacular, not scientific, categories and (b) shared, intersubjective processes in the world rather than private, inner psychological experiences. Their event-like structure lends itself to representation in narratives that go far beyond the skull and the skin. Since emotions are implicated in the relations between people, in the external conditions in which they arise and which give rise to them, and in the actions that embodied human agents take in a given emotional scenario, cross-cultural comparison between approaches to emotion in different cultures must focus not on simple morphological similarities between decontextualized phenomena, but on function in wider social and cultural contexts.
The Constitution of the War on Drugs
Authors: Pozen David
Published: April 2024

This book recovers a lost history of constitutional challenges to punitive drug laws. Throughout the 1960s and 1970s, advocates argued that criminal bans on marijuana, cocaine, psychedelics, and other substances violate the U.S. Constitution’s guarantees of due process, equal protection, federalism, free speech, free exercise of religion, and humane punishment. Legal scholars and government commissions grappled with these arguments. State and federal courts endorsed them in pathbreaking rulings. By the 1980s, however, the movement for drug rights had collapsed, paving the way for the contemporary war on drugs and its disastrous consequences for racial justice, individual freedom, and public health. This study shows how constitutional law could have denied the drug war but instead became ever more defined by it—how a profoundly illiberal and paternalistic policy regime was assimilated into, and came to shape, an ostensibly liberal and pluralistic constitutional order. The book details the internal doctrinal dynamics and external cultural developments that first facilitated and then foreclosed challenges to drug prohibition. It explains how courts in other countries have curtailed punitive drug laws using a different approach to rights review. It evaluates the costs and benefits of the U.S. jurisprudence. And it considers potential constitutional paths still open to drug reformers today. In addition to offering a new perspective on the war on drugs, the book supplies a panoramic tour of many of the key features and failings, compromises and contradictions, of late twentieth-century American constitutionalism.
Racial Equality
Authors: Pozen David
Published: April 2024

This chapter reviews challenges to drug laws on grounds of racial discrimination. Historically, racial prejudice has influenced the government’s decisions to criminalize certain psychoactive substances while sparing others. And to this day, the enforcement of drug laws generates profound racial disparities in rates of arrest and imprisonment, notwithstanding similar rates of illicit drug behavior across racial groups. Race-based constitutional arguments finally came to the fore during the crack cocaine panic of the late 1980s. Although many judges expressed unease with the government’s disparate treatment of crack versus powder cocaine, and a few judges pushed back in innovative opinions, the doctrine had evolved in ways that made these cases difficult to win. Not only has equal protection law failed to offer racial minorities a shield against punitive drug policies; it now offers whites a sword with which to attack policies designed to help minorities share in the windfall of drug legalization.
Fear and Inequality at the Onset of Crises
Authors: Villarreal Ana
Published: April 2024

The conclusion draws parallels between social responses to fear of violence and fear of contagion at the onset of the Covid-19 pandemic. The first cases of Covid-19 in Monterrey were detected within San Pedro, yet the defended city took the strictest measures to seclude itself from the rest of the metropolis. The local government of San Pedro established police-enforced “security filters” at its borders, which media and local critics were quick to criticize as class and racial filters. As of 2023, most urban residents in Mexico do not feel safe. A national survey revealed, however, that San Pedro is now the city where residents report feeling the safest in Mexico. To illustrate this book’s approach to fear at the onset of crises in other contexts, the chapter closes with examples of how fear relocated, rescheduled, and regrouped people and practices in New York City at the onset of the pandemic.
An Ethical Framework for Assessing Grey Zone Responses
Authors: Barrett Edward
Published: April 2024

Increasingly, States are maximizing their relative power by continuously harming adversaries through a combination of lethal and especially sublethal actions that avoid and even redefine the threshold of ‘cause for war’, a line legally associated with the United Nations Charter Article 51 notion of ‘armed attack’. This chapter uses a rights-based framework consistent with liberal commitments to identify ethically permissible responses to such grey zone threats. Although the well-developed Just War tradition may seem inapplicable to responding in a grey zone between peace and war, the tradition’s undergirding ethical assumptions about justified defensive and punitive harm can guide responses to unjustified lethal or sublethal harm. The first part of the chapter outlines these assumptions. The second and third parts apply them to, respectively, unjustified lethal and sublethal attacks. The conclusion discusses the importance of jurisprudence for determining ethically appropriate responses.
Winning at the Strategic Seams
Authors: Newton Michael A.
Published: April 2024

International law exists to buttress rule-based relationships between sovereign States. Grey zone conflicts threaten these foundations. The current array of grey zone conflicts and asymmetric disputation erodes Western responses to threats, while corroding the very legal norms that bind modern international institutions. This chapter argues that democracies must learn to ‘win at the seams’ of the law to forestall a new epoch of international norms that warps their values. The chapter reimagines approaches for States seeking to preserve the rule of law and respect for human rights. It reassesses valuable insights drawn from the Principles of War to provide a model for preserving the institutional design of modern international law. Relying on the clean hands doctrine, the chapter recommends a more effective approach to counter States seeking to sow indecision and doubt amongst liberal democracies.
Trial by Numbers
Authors: Chilton Adam , Rozema Kyle
Published: April 2024

A significant problem within the legal profession is that many of the lawyers litigating cases and the judges deciding them have only a limited understanding of how to properly interpret empirical evidence. The goal of this book is to provide an easy way for members of the legal profession to acquire a basic understanding of some of the most common methods that serve as the building blocks for empirical evidence in academic articles, policy briefs, and expert witness reports. To accomplish this goal, the authors take a different approach from that of other introductory books on empirical methods. They omit the formulas and equations found in other books and instead focus on explaining the intuition and logic of common empirical methods. They also exclusively use examples that are relevant to law school and legal practice. Making the book accessible in this way is intended to help counteract the aversion toward empirical evidence that is far too common in law schools, law firms, and the courts.
Regression
Authors: Chilton Adam , Rozema Kyle
Published: April 2024

This chapter covers the standard method for making comparisons across groups when an experiment is not possible: regression. It first describes the basic intuition of regressions: if all relevant factors except a single variable of interest are appropriately controlled for, any remaining difference between groups should be attributable to that variable of interest. It then explains the basics of how regressions are actually estimated. Finally, it introduces the primary outputs of regressions and how they should be interpreted: coefficients, which capture the relationship between two variables, and standard errors, which capture how large the range of the estimates is and can be used to determine whether an estimate is statistically significant.
Regression Discontinuity
Authors: Chilton Adam , Rozema Kyle
Published: April 2024

This chapter covers the regression discontinuity research design. It first describes how the method estimates the causal effects of interventions by leveraging the fact that some interventions only kick in at arbitrarily drawn lines, resulting in groups on both sides of the line that may be extremely similar. It then describes how the method compares outcomes for the groups that fall on either side of the arbitrarily drawn line to estimate the causal effects of the intervention. Finally, it explains the assumption required for the regression discontinuity research design to produce causal estimates and the common types of evidence that are presented to assess those assumptions.
Growing a Bigger Linguistics Through a Zapotec Agenda
Authors: Plumb May Helena , Dubcovsky Alejandra , Guzmán Moisés García , Lillehaugen Brook Danielle , Lopez Felipe H.
Published: April 2024

The Ticha Project is a digital endeavor focused on knowledge repatriation and language reclamation, guided by a Zapotec agenda that centers Zapotec goals and authority. This decolonial practice forges a collaborative, reciprocal scholarship where Zapotec and non-Native experts work together in pursuit of overlapping goals, forming an interdisciplinary community which resists the individualism of academia and draws strength from an inclusive Zapotec collective. In this chapter the authors detail Ticha’s working philosophy through two interrelated projects: (1) Caseidyneën Saën, an e-book of pedagogical materials focused on Colonial Zapotec documents, and (2) the Conversatorios, workshops led by and for Zapotec individuals that serve as important sites of Indigenous knowledge production. The authors challenge readers to find their own community-centered agenda and to grow a bigger linguistics by embracing deeply localized research. Ticha Project na teiby zeiny guieb lo bi (ni na “digital”) ni yzicy xcal nanën quën xtizhën na. Rcazën gyenën teiby ni izhiu par ra Bunyza, ra ni bsanne ra xauzanën, Bunyzado, danoën. Rcazën gyicy ni nanën ni bzuca Dizhtily loën, chiru danoën Bunyza gyieneën gualnezh quën ra buny nan ni queity na ra Bunyza gacneën saën gyenën ropta rseinyën, chiru gyeinychieën teiby guezh nan ni sutyep lo ni rseidyrëng yu rseidy sutyepneën saën rataën. Lo teiby xnez gyets xte Ticha re rniën xa na xjab xtenën, chiru ygwiën lo styop ra zeiny ni cagyienyën ni ngabne sani: (1) Caseidyneën Saën na teiby gyets rseidy ni na teiby xnez gyets guieb lo bi (ni na “e-book”) ni rseidy nazh ra gyets Dizhzado, chiru (2) chi bdop ra Bunyza bgwe dizh nii bzub xliet xa na gal nan xte ra Bunyza. Ra ni cagyual nde rnabën load ual gacbe xii rcaz lazhad ganad tyen chile subru guecy ni racbe buny yu rseidy nezbag laty gunyberuad xai na lazhad.
An Interdisciplinary Approach to Language Activism from Community Colleges
Authors: Cuba Carlos de , Slocum Poppy , Spinu Laura
Published: April 2024

This chapter describes the work of three linguists working in communication departments at two community colleges in the City University of New York system (CUNY) to counter deficit approaches toward dialectal variation in the field of communication studies (and beyond). The authors’ approach includes professional presentations, curricular redesign, identifying linguistic discrimination in textbooks, and conducting professional development workshops and seminars. They believe that the things they are doing are easily reproducible, so they are shared in this chapter in the hopes that more people will get actively involved in reducing/eliminating such harmful classroom pedagogies that involve deficit views of dialectal and accent variation in educational settings.
Strategic Workforce Planning
Authors: Sokol Marc , Tarulli Beverly
Published: April 2024

This chapter provides an introduction to and overview of Strategic Workforce Planning: Best Practices and Emerging Directions. The authors make the case for why industrial-organizational psychologists have delivered value to many components of strategic workforce planning (SWP) and can also address the practice in its entirety. Within this chapter are description of the topics covered in this volume, including the evolution of SWP, best practices for analytics and consulting, maturity models, and how SWP can be practiced in large companies inside and outside the United States and in high- and low-growth environments. Other contributors address SWP in terms of scenario planning, diversity and inclusion, social network analysis techniques, when to organize around work-tasks rather than the workforce, use of artificial intelligence in SWP, multicompany collaboration around SWP during the pandemic, and teaching strategic workforce planning at the graduate level.
Beyond the Theory
Authors: McKinnon Adam , Salapatas Kanella
Published: April 2024

Practitioners of SWP working across different companies and situations are positioned to uncover unique insights, especially about variations in practice and innovative approaches. One of the authors of this chapter describes a multiyear global SWP journey where the key stakeholders included HR, Finance and the CEO. Their maturity journey moved in stages from traditional budget/headcount and connected analyses, to SWP, talent and business optimization, to intelligent workforce planning. The second author of this chapter describes how SWP processes can be used to inform mergers and acquisitions, partially from novel approaches to collecting and analyzing data. This included a rare application of social network analysis to support SWP. Both authors describe how they embedded SWP into existing processes and embraced pragmatism in the pursuit of innovation.
National Security, Positive Externalities, and National Uniformity
Authors: Siegel Neil S.
Published: April 2024

Chapter 6 of The Collective-Action Constitution examines the collective-action dimensions of Clauses 4 through 17 of Article I, Section 8, of the US Constitution. The chapter begins with the collective-action rationales for authorizing Congress to define and punish certain offenses with national-security implications and to provide for the nation’s defense. It then examines the postal and intellectual-property powers, both of which—like the military-defense clauses—enable Congress to internalize positive interstate externalities. The chapter next explains why Congress can insist on national uniformity in regulating naturalization and bankruptcy, after which it considers standards, currency, and counterfeiting, which also implicate concerns about the collective costs of divergent state regulations. The chapter concludes with the congressional powers to create lower federal tribunals and govern federal enclaves. These powers exist not only to facilitate federal administration but also to help solve collective-action problems for the states. Examination of the Section 8 clauses that do not concern taxation, spending, borrowing, or commerce reveals that Section 8 is not a heterogeneous compilation of unrelated powers, or a combination of collective-action powers and unrelated powers. The Section 8 clauses that are often overlooked also authorize Congress to address multistate collective-action problems. This chapter shows how they do so.
The Community of Yours and Mine
Authors: Essert Christopher
Published: April 2024

This chapter confronts the fact that actual institutions of property, although comprehensible as egalitarian because they solve the Problem of Yours and Mine, generate new forms of inequality through a process of structural subordination. Structural subordination arises when the cumulative effects of individual egalitarian relations between private persons generate situations in which some can be understood as subordinate. Homeless is an illustration of this phenomenon. Systems of property that allow structural subordination are defective from their own internal point of view, so that the same considerations that call for their creation also call for radical reform to eliminate structural subordination, most prominently by providing for a right against the state to the provision of a home. The chapter also considers other worries about property and equality and shows how they relate to property’s justification.
Introduction
Authors: Staszak Sarah
Published: April 2024

Chapter 1 details the origins and expansion of mandatory, private arbitration in lieu of traditional litigation in court and provides a theory for explaining its shift from a voluntary, low-cost, less adversarial, and more efficient way to handling disputes between entities of equal bargaining power to a private, non-reviewable, compulsory forum for resolving disputes between individuals and corporations, often on unilateral terms. It argues that this shift occurred not solely as an act of modern judicial revisionism, but rather as a bipartisan process of gradual institutional change involving actors and institutions from across the public and private sectors. It also details the differences between arbitration and litigation and provides an overview of the chapters.