bluuebunny/crossref_metadata_2025 huggingface dataset:
The Dangers of Real-Life Stories
Authors: Reese Elaine
Published: September 2024

Stories from real life can include inaccuracies and negative interpretations that harm well-being. First, biased questions lead to memory errors for details and whole events, especially for children and older adults with their relatively poorer episodic memory and source memory. Teens and adults can also create contamination narratives, in which they frame a life event as starting out good and turning bad. Teens are more likely than adults to suffer from posttraumatic stress disorder (PTSD) after experiencing trauma, especially if they are prone to rumination and if they place the event as central to their lives. People with PTSD also exhibit less cohesive functioning of the brain’s default network. Family stories, too, can be connected with poorer well-being, so they must be told with care. Finally, real-life stories on social media can also harm well-being, with excessive social media a particular concern for young adolescents, and fake news for older adults.
The Thin Line Between Reality and Fantasy in Stories
Authors: Reese Elaine
Published: September 2024

Throughout the lifespan and across cultures, people use their imagination for cognitive, social, and emotional reasons. Toddlers’ pretend play supports their language and thinking; preschoolers’ role-play and imaginary friends support their real friendships, theory of mind, and creativity; older children’s, adolescents’, and adults’ parasocial relationships foster self-esteem and prevent loneliness. The epitome of imagination in older children, teens, and adults is creating a paracosm or imaginary world, including fictional worlds in novels, films, and video games. In schizotypy and psychotic illnesses, imagination is impaired, especially for the future and for counterfactual thinking. Upward counterfactual thinking of better-case scenarios is linked to depression and anxiety, whereas downward counterfactual thinking of worse-case scenarios is linked to optimism, self-esteem, and well-being. The underlying brain development of imaginative simulation is the default network. Overall, imaginative simulation is linked to learning and well-being.
Mapping Dignity
Authors: Bayefsky Rachel
Published: September 2024

This chapter unravels the concept of dignity by exploring its philosophical and historical underpinnings—for instance, the Roman concept of dignitas, Kant’s views on dignity, and dignity’s place in the international human rights regime. The chapter then explains how dignity functions in current legal debates, focusing on the American legal system. Dignity functions as both a site for and a mediator of deep divergences about values and worldviews. In other words, dignity serves as a focal point for the expression and management of social disagreement in law. Thus, the concept of dignity should not be dismissed as counterproductive simply because it is susceptible to differing, and ideologically charged, interpretations.
Dignity and Constitutional Standing
Authors: Bayefsky Rachel
Published: September 2024

This chapter investigates the place of dignitary harm in constitutional standing doctrine. Article III of the US Constitution limits federal-court jurisdiction to “Cases” and “Controversies.” The Supreme Court has interpreted this requirement to mean that plaintiffs seeking to enter federal court must suffer an “injury in fact” that is “particularized” in the sense that it is incurred by plaintiffs themselves, and “concrete” in the sense of being “real.” When harm is physical or economic in nature, courts readily recognize the harm as “real.” But what about more “intangible” types of harm, such as stigma or disrespect? This chapter argues for greater recognition of dignitary harm as injury in fact in the constitutional standing analysis and explains how courts can productively integrate dignitary harm into constitutional standing doctrine.
Dignity and Apology
Authors: Bayefsky Rachel
Published: September 2024

This chapter examines court-mandated apologies—a judicial remedy that raises fundamental questions about the bounds of courts’ authority. In the United States, court-ordered apologies occur in a limited subset of cases, such as certain criminal cases and attorney discipline proceedings. In other cases, parties may be heavily incentivized to apologize even if they are not formally forced to do so; for instance, judges may impose higher sentences on criminal defendants who do not show remorse. The chapter examines the multifaceted relationship between court-mandated apologies and dignity. On the one hand, an apology from the defendant can vindicate the plaintiff’s dignity by restoring the plaintiff’s status. On the other hand, court-ordered apologies risk violating the dignity of the defendant, and they raise First Amendment compelled speech concerns. This chapter argues against a blanket ban on court-mandated apologies, and it explores implications of these apologies for the topic of judicial encroachment on individual conscience.
What Was the Scientific Revolution?
Authors: Janiak Andrew
Published: September 2024

This chapter discusses Émilie Du Châtelet’s idea of the revolution in the sciences, which became a defining feature of the Enlightenment. Some influential figures accepted Du Châtelet’s specific conception of science as a collaborative endeavor involving many cooperating figures, but her conception conflicted with a growing desire to identify the hero of the revolution which was eventually considered to be Sir Isaac Newton. However, the widespread hero worship during the Enlightenment raised a problem because Newton’s Principia is one of the most difficult scientific treatises ever written. The chapter also explains how Voltaire became a partisan for Newton’s ideas. It mentions the central role the great mathematician Euler played in determining the law of inertia’s epistemic priority over principles of metaphysics.
The Enlightenment’s Most Famous Woman
Authors: Janiak Andrew
Published: September 2024

This chapter explains Émilie Du Châtelet’s fame in the Enlightenment. Despite institutional barriers at this time, women found other means of participating in intellectual life such as salons. Meanwhile, Du Châtelet ensured that her ideas would circulate in Enlightenment academic life for years after publishing Institutions of Physics (Institutions physiques). The chapter explains that Du Châtelet died just as she became the most famous woman in science and philosophy during the Enlightenment. Diderot and D’Alembert's Encyclopedia, wherein her ideas played a prominent role, was published right after her death. It shows that the eighteenth century did not have the recent notions of copyright and intellectual property; therefore, although the outrage toward the plagiarism of Du Châtelet’s thought is understandable, it should be considered in a historically accurate way.
The Enlightenment’s Most Dangerous Woman
Authors: Janiak Andrew
Published: September 2024

This chapter analyzes the relation between the making of modern philosophy and Émilie Du Châtelet, the Enlightenment’s most dangerous woman. It mentions how patriarchal intellectual structures in modern European history take various forms, but women are regularly excluded from participating in intellectual institutions. The shaping and reshaping of Madame Du Châtelet’s work and reputation during the Enlightenment involves a pernicious form of patriarchy. The men who led the Enlightenment’s most important institutions and controlled access to its most important text (Diderot’s Encyclopedia) never allowed her to participate openly. The tale of Du Châtelet’s reception indicates that if a woman’s philosophical work could not be characterized as derivative, she was excised from the official history.
Du Châtelet’s Enlightenment
Authors: Janiak Andrew
Published: September 2024

This chapter presents Émilie Du Châtelet’s Enlightenment thought as a philosophy for freethinkers. It explains how conceptions of gender norms in Enlightenment philosophy were disassociated from other socio-political, philosophical, and religious commitments. Du Châtelet’s philosophical orientation in the preface to her Institutions of Physics (Institutions physiques) made her a great threat to her male interlocutors. The chapter considers several interpretations of Du Châtelet’s work, such as Institutions, providing Leibnizian metaphysical foundations for Newtonian physics. In the Institutions, Du Châtelet promotes harmony between science and philosophy not only for its own sake but also to prevent one discipline from dominating the other.
It Was an Attempted Coup
Authors: Althaus Scott L. , Bajjalieh Joseph , Jennings Jay , Martin Michael , Peyton Buddy , Shalmon Dan
Published: September 2024

Since its initial public release in 2013, the Cline Center’s Coup d’État Project has aimed to document every coup, attempted coup, and coup conspiracy anywhere in the world since 1945. It is the largest global registry of these destabilizing events. Using the Cline Center’s Coup d’État Project definitions, the storming of the U.S. Capitol Building on January 6, 2021, was an attempted coup d’état: an organized, illegal attempt to intervene in the presidential transition by displacing the power of the Congress to certify the election. In terms of the type of coup attempt, the complex nature of this event leads it to be categorized as both an attempted auto-coup and an attempted dissident coup, reflecting the distinctive activities of different actors involved in the event.
What January 6th Was Not
Authors: Brown Danielle K.
Published: September 2024

Just as it is important to use the correct terms to define the events of January 6, 2021, it is equally important to acknowledge what these events were not. This chapter argues for definitional boundaries that separate the common language used to describe democratic collective action behaviors from the wreckless, elite-sponsored behavior that seeks power through force and that is commonly employed to establish authoritarian governments and dictatorships. Specifically, terms like “protest” and “riot” should not be used to describe the events of January 6, 2021. Such boundaries are essential for protecting legitimate protests—a democratic behavior indispensable for the well-being, maintenance, and development of democratic governments.
“Fake and Fraudulent” vs. “An American Right”
Authors: Stromer-Galley Jennifer , McKernan Brian , Khoury Christy , Kim Pyeonghwa
Published: September 2024

How should we understand January 6th? We cannot understand January 6th without understanding the rhetoric—the arguments that President Trump made to persuade the public and his supporters—that the election was stolen from him. The “Stop the Steal” mantra was an argument that Trump laid out over seven months during the campaign in his interactions with the press, on Twitter, and through ad buys on Facebook and Instagram. Using conceptual theories of social imaginaries, the chapter contends that Trump’s rhetoric constructed a narrative aimed to sow doubt about the accuracy of the vote count and encourage his supporters to reject the electoral outcome, culminating in the attempted coup on January 6th. His rhetoric is contrasted with that of Joe Biden. The contrast underscores how distinctly antinormative Trump’s rhetoric was with regard to the value we hold around the vote.
The Changing American Racial Landscape and January 6th
Authors: Thompson Andrew Ifedapo
Published: September 2024

The ongoing and forthcoming demographic shifts to the racial landscape of the United States have been known for some time but have become more salient because of rising public awareness of these changes and elite messaging. They are now so well known that they have become politicized, particularly among Republicans. Expectations about these shifts are simple: white Americans will become a numerical minority and Americans of color will become the numerical majority by midcentury. Importantly, the increasing connection of these changes to the American political system has led to serious changes in attitudes, none greater than a threat to American democracy. Antidemocratic attitudes among Republicans specifically are strongly motivated by views of racial threat from these perceived demographic changes. This chapter articulates how these antidemocratic views likely helped drive January 6th insurrectionists, and their implications for the American public and democracy at large.
Asymmetrical Identity-Driven Wrongness in American Politics
Authors: Young Dannagal G.
Published: September 2024

January 6th was a glaring illustration of “identity-driven wrongness,” or belief in falsehoods driven by individual needs related to our social identities: our needs for comprehension, control, and, most of all, community. We seek to understand our worlds in ways that benefit our team (comprehension), have agency over our lives in ways that empower our teams (control), and feel socially connected to our team (community). In the U.S. context, changes in the sociodemographic and cultural composition of our political parties have served as an accelerant for political identity-driven wrongness. Over the past 40 years, Americans who identify with a particular political party have become more like-looking, like-worshiping, like-living, and like-valuing—especially on the political right, where the Republican Party has become more homogeneously white, Christian, rural, and ideologically and culturally conservative. As these group categorizations come to align with one another, Americans’ political “mega-identities” increasingly encapsulate two different ways of being, living, and knowing. These political mega-identities also offer a fruitful and lucrative well that is readily tapped into by political elites, journalists, and partisan and social media. Our mediated political world thus serves as an identity-distillation apparatus, drawing upon emotionally evocative mega-identities, reinforcing and distilling them in the process. In 2020–2021, the conservative identity-distillation apparatus successfully defined how Republicans could satisfy their identity-driven needs for comprehension, control, and community. And the answer was the Big Lie.
What Can “We” Do?
Authors: Burack Cynthia
Published: September 2024

Assuming that the attack on the U.S. Capitol of January 6, 2021, was an assault on American democracy, this chapter suggests measures that liberals and progressives can take to respond to the threat of right-wing authoritarianism in U.S. politics. The first suggestion for Americans on the political left is to recognize and minimize the enmity associated with affective polarization. The second suggestion is to construct a liberal patriotism in response to right-wing political extremism. No political strategy is guaranteed to defuse threats to democracy such as January 6. However, liberals and progressives can reevaluate their political aims and practices to take into account the fragility of political norms and institutions.
Political Communication Research at a Time of Democratic Crises
Authors: Kreiss Daniel
Published: September 2024

This chapter argues that the interdisciplinary field of researchers concerned with threats to democracy needs to move from its empirical and normative concern over polarization to talking about status threats. This requires centering an understanding of both social structure (the relative position of varying groups in societies) and perceptions of those positions and threats to them. The chapter argues that struggles for racial and social justice are often polarizing precisely because they threaten the status of powerful social groups. In the case of January 6th, the chapter argues that Trump and his Republican allies told a clear story that the dominant coalition represented by their party—whites and white Christians—was under significant threat from those marginalized in America’s racial and social hierarchy. The chapter concludes by arguing that media and communication scholars should focus on how people come to see themselves as members of social groups with political interests and analyze when these groups perceive their power under such threat that they engage in political violence, such as on January 6th.
Taking It to the States
Authors: Friedland Lewis
Published: September 2024

U.S. states are the central battlegrounds in the fight for democracy, but not all states are the same. They vary widely in demography, media ecosystems, and political balance. The rising tide of authoritarianism is represented by the Republican Party; in contrast, Democratic parties, however, imperfect, are the last line of defense. Political communication scholars should recognize these facts in the interest of both a more realistic scholarship and as citizen-scholars defending democracy. Some portion of political communication scholarship should be oriented toward usable practical strategies written in the clear, straightforward language of persuasion, winning majorities, and aiding democratic groups on the ground in the states and localities.
Reparation through Reporting
Authors: Clark Meredith D.
Published: September 2024

Building on the concept of reparative journalism introduced in Meredith D. Clark’s 2020 Nieman Lab prediction for the future of journalism, this chapter envisions the impact of racial justice in reporting practices. The chapter describes how the former U.S. president exploited news values developed through the exclusion of nonwhite voices to advance messages of division, dominance, and, ultimately, insurrection, making mainstream news media complicit in his assault on democracy. The chapter advances some of reparative journalism’s core values, particularly critical intentionality, a call to purposefully examine how power is manifest in journalistic practices today.
Laboring for Hercules
Authors: Harness Kelley
Published: September 2024

Thousands of individuals labored to create the elaborate pageant carts, costumes (for both riders and horses), scenery, and machines necessary to project the magnificence of the horse ballets. The survival of account books from the second half of the seventeenth century allows for a greater understanding of just how much money the Medici family paid for individual entertainments. These account books itemize the amounts spent on materials and labor, and, in the case of the 1661 horse ballet Il mondo festeggiante, offer a day-by-day view of the job sites, complete with the delivery of building supplies, construction mishaps, and job-related injuries. The survival of weekly payrolls, which include workers’ names, occupations, daily wages, and number of days per week worked, offers important new information on construction wages. It also sheds light on just how many individuals worked for nearly eight months to prepare a work that was performed twice.
Hercules at a Crossroads
Authors: Harness Kelley
Published: September 2024

References to Hercules returned in the final two Medici horse ballets—the anonymous La strage de’ mostri (The Massacre of the Monsters) of 1671 and Alessandro Segni’s Le prove della sapienza, e del valore (The Contests between Wisdom and Valor) of 1686, both performed in the Piazza Santa Maria Novella. Whereas in the horse ballets of 1652 and 1661 Hercules served as a model for emulation, these later entertainments characterized the hero and his labors as ineffectual and in need of shoring up, a pessimistic tone prompted, perhaps, by recent Ottoman military successes. The 1686 horse ballet was also the final such work sponsored by the Medici. While the need for public displays of horsemanship and military prowess remained important to young noblemen, the court outsourced these exhibitions to the newly founded Accademia dei Nobili. In this way they relieved themselves of the financial burden such events had become while continuing to reap the rewards.
The Funk Frequency
Authors: Calvillo Jonathan E.
Published: September 2024

This chapter explores the role of funk culture as a resonance channel that facilitated the reception of Hip Hop within Brown Los Angeles. Funk culture, a confluence of various regional Black American cultural expressions related to funk music on the West Coast, laid the foundation for what would become West Coast Hip Hop. Before Hip Hop’s arrival, many creatives from Brown Los Angeles engaged in forms of funk culture, adapting it into aspects of their own expression. This chapter looks at the influence of funk-based movements, like street dance and the mobile DJ scene, on Brown Los Angeles. Black DJ crews were especially key in the emerging scene, and resonances existed between them and primarily Chicano DJ crews that ultimately shaped West Coast Hip Hop.
Translating Elementary Knowledge
Authors: Calvillo Jonathan E.
Published: September 2024

This chapter examines the interpersonal ways that Hip Hop was translated from New York City to Brown Los Angeles. The life of a Bronx transplant, Mark Santiago, provides a template for the process of interpersonal cultural transmission that took place for many creatives in Los Angeles who came to embrace Hip Hop. As demonstrated in this chapter, as part of media depictions of Hip Hop, migrant creatives who relocated to the West Coast played important roles in teaching their peers about the Hip Hop elements, and often helped form Hip Hop crews. Translocal connections became an important aspect of the development of Hip Hop, and suggest that regional resonances were multidirectional, also flowing from West to East.
Crossing Freeways with Flyways
Authors: Calvillo Jonathan E.
Published: September 2024

This chapter explores how creatives from Brown Los Angeles crossed boundaries of race and place to expand their opportunities within Hip Hop. Crossing boundaries in resonant fashion involved creative collaborations and resource transmission across social differences. In the second half of the 1980s, crossing boundaries of race and place posed new challenges. Increased salience in boundaries of race and place altered the West Coast scene. In some Hip Hop contexts, a Black/brown divide became especially salient, with racial politics between Black American and Latine populations influencing societal expectations about Los Angeles Hip Hop. The Harbor Area serves as a key site and helpful starting point for exploring social boundary negotiations in the scene. I examine cases of brown creatives from this region, and look beyond as well. In crossing social boundaries to expand their artistic opportunities, brown creatives expressed a sense of commitment to Hip Hop’s maintenance.
Sustaining the Resonance
Authors: Calvillo Jonathan E.
Published: September 2024

The chapter follows the efforts of creatives from Brown Los Angeles to sustain the essence of Hip Hop that they experienced in its early arrival in Los Angeles. In the late 1980s, some creatives felt that they were losing the movement that had motivated them. In working through this sense of loss, many sought other avenues of resonance, in some cases engaging destructive outlets, in other cases traveling to New York to experience what they deemed to be authentic Hip Hop. This chapter spotlights the restorative efforts of various creatives, such as Hex Rios, in reviving the movement. The opening of The Hip Hop Shop in 1990 represents an important site of cultural resonance and crew reconfiguration. Breaking and graffiti culture were reignited through a series of events and drew increasing attention to Los Angeles as a hub of Hip Hop innovation.
Conclusion
Authors: Calvillo Jonathan E.
Published: September 2024

This chapter considers the tension that existed between innovation and preservation among creatives who identified with the early cohort of West Coast Hip Hop. These creatives’ efforts to resurrect what they previously had, especially in their participation at sites like Radiotron, began to yield positive returns, as new crews began to form. The formation of the Tunnel Rats following an event at Hex’s Hip Hop Shop serves as a case study in collective efforts to sustain the resonance of past sites of Hip Hop sociability. A second case study draws on ethnographic observations of an event called Graffitinspire hosted in 2023. The event demonstrates how numerous creatives from Brown Los Angeles continue to participate in Hip Hop creativity, and collaborate with younger generations to guide an ongoing and evolving resonance of the past.
Introduction
Authors: Armstrong Ryan M.
Published: September 2024

This chapter explains why Alice’s Adventures in Wonderland makes a welcome companion to any exploration of Job’s land of Uz. It explores the common literary techniques found in Wonderland and the book of Job: parody, fourth-wall breaks, frame tales, episodic narratives, poetry, debates, legal jargon, abrasive soundscapes, visual jokes, unique orthography, dark humor, over-the-top characters, reappropriated material, and multiple styles of nonce-formation. These produce similar results: subverting expectations of genre and language, along with persistent skepticism of cultural norms. Mediation is a motif found in both works, and it is used to highlight the importance of honesty. Both Job and Alice must undergo character development that pushes them to question their foundational beliefs, but they learn to embrace their curiosity and speak honestly, even when it might be considered out of place.
A Calm Before the Storm
Authors: Armstrong Ryan M.
Published: September 2024

This chapter argues that Elihu develops a mediation model as an intentional response to Job’s mediation model. Elihu’s episode is often treated as a separate text from the rest of the book, because he is not overtly integrated into the rest of the narrative. But the textual history of Wonderland’s Gryphon raises cautions regarding such treatment. It exists in the earliest draft of the story, despite being the least-integrated, while the most-integrated characters are the later additions. Like the Gryphon in Wonderland, Elihu provides a humorous cliffhanger just before the denouement. Like the Gryphon, Elihu reflects over all the book’s adventures, so the reader is sure to contemplate the stakes before the final confrontation. Elihu appears when Job asks for a “listener,” and demonstrates his listening skills by addressing Job’s mediation model with specificity. In contrast to the three friends, Elihu promises the hope of seeing God directly.
Servitude and Slavery in Antebellum America
Authors: Reeve W. Paul , Rich Christopher B. , Carruth LaJean Purcell
Published: September 2024

This chapter explores the long history of slavery, servitude, and unfree labor in the United States leading up to the Civil War. It establishes broad historical context on issues such as indentured servitude, apprenticeships, slavery, debt peonage, gradual emancipations, abolitionism, and the complex blend of unfree labor in operation in the United States and the ways that various Latter-day Saint leaders interacted with such systems. As important as the abolition of slavery was, it was only part of a more general transition away from all labor relationships considered unfree. In America, this trend was grounded in the liberal values of the Revolution and fueled by the expansion of market capitalism. The chapter also discusses laws and norms about slavery, servitude, and unfree labor in states such as New York, New Jersey, and Illinois.
Slavery among the Latter-day Saints, 1847–1852
Authors: Reeve W. Paul , Rich Christopher B. , Carruth LaJean Purcell
Published: September 2024

By 1849, after they arrived in the Great Basin, the Latter-day Saints worked out a position of neutrality on the question of slavery, designed to help them cull favor in Congress. They feared alienating lawmakers from both the North and the South were they to adopt a strident position one way or the other. Even though African American and Native American slavery existed among them, they favored allowing those to continue according to local custom but to not sanction them in law. They applied for statehood in 1849 without mentioning slavery. At the same time, territorial leader Brigham Young expressed opposition to holding human beings as property.
The Dawn of Xi Jinping’s Second Decade in Power and the CCP’s 20th Party Congress
Authors: Rudd Kevin
Published: September 2024

This chapter discusses the role of the 20th Party Congress in October 2022 in further consolidating Xi Jinping’s political position and his ever-widening ideological blueprint for China’s future. It describes how the CCP believed it had successfully navigated the COVID-19 pandemic with a relatively unscathed economy, unlike the United States and the wider West. This gave rise to a series of ideological addresses by Xi in the lead-up to the Congress which explained in unprecedented detail how Mao’s theory of contradiction applied to China’s current domestic and international circumstances, and why strategic and policy change had been necessary to secure both the party’s and the country’s future. At the 20th Congress itself, Xi Jinping Thought (XJPT) was elevated further by embedding its new official status within the text of the CCP constitution, and by requiring the party to uphold Comrade Xi’s position as the party’s ‘core’ leader. The chapter underscores how Xi’s worldview continued to revolve around the Marxist Nationalist ideology underpinning his entire political enterprise, with changes in ideology continuing to provide a leading indicator of broader changes across the political and policy spectrum—both in senior personnel appointments and in China’s overall economic and foreign policy direction.
What Xi Jinping’s Ideology Can Tell Us about China’s Future
Authors: Rudd Kevin
Published: September 2024

This chapter analyses the likely impact of Xi Jinping’s ideology on China’s political and economic future for the decade beyond the 20th party congress out to 2032. It argues that Xi is likely to remain in power for the coming decade, with underlying ideological change remaining consistently close to the centre of China’s political and economic transformation process. China is also likely to become more Leninist given Xi’s underlying predisposition for maximum political control. The chapter also provides an overview of the longer-term economic policy implications of Xi’s ideology of greater state intervention, economic nationalism and social equality becoming consolidated as the longer-term policy norm. While this ideological trend is likely to generate slower levels of economic growth than before, lower growth does not mean that the Chinese economy is necessarily ‘peaking’. Factors such as latent consumer demand still offer considerable growth potential. The chapter nonetheless concludes that Xi’s efforts at policy correction during 2023–2024 appear to have been exercises in double-messaging designed to restore business confidence, rather than a more fundamental change in ideological course.
Selective Publication in the U.S. Courts of Appeals
Authors: Hinkle Rachael K.
Published: September 2024

This book presents a comprehensive, first of its kind, examination of the theoretical and empirical implications of a key institutional practice in a highly influential set of courts. The U.S. Courts of Appeals both formulate legal policy and provide a forum for losing litigants to pursue an appeal. In order to keep up with an increasing number of appeals, yet still provide quality legal analysis, in the 1970s these courts adopted the practice of designating some decisions as unpublished and declaring that such rulings are not binding precedent. Scholars focused on policy and the lawmaking function of circuit courts understandably avoid the difficult task of grappling with the massive number of unpublished decisions. However, all dispositions impact the lives of those directly involved. And even more importantly, the distinction between published and unpublished rulings creates a breeding ground for disparities in power and privilege that raise serious concerns about social justice. The vast number and relative obscurity of unpublished decisions create substantial barriers to uncovering the nature and extent of the distributional consequences that flow from the selective publication norm. This book sheds light on these consequences by drawing on an original dataset of over two hundred thousand cases. Rigorous empirical examination reveals how the seemingly benign institutional feature of selective publication contributes to problematic differences in the way resources and demographic features shape power and privilege in the circuit courts. In short, selective publication plays a significant role in who gets what, when, and how.
What Comes Next? Publication and Further Review
Authors: Hinkle Rachael K.
Published: September 2024

A ruling by a three-judge circuit panel is not always the end of the road. The litigants may request review en banc by the full circuit or they may ask the Supreme Court to grant a writ of certiorari. Unsurprisingly, publication status is a key element in which cases get reviewed. This chapter summarizes and evaluates both how often litigants request review of the two types of decisions and how frequently those requests are granted. Both requests and grants are considerably rarer in unpublished cases. Further examination shows that the resources of litigants also affect which cases are reviewed. In this way, disparities generated by selective publication can also create further downstream distributional consequences with respect to review. For example, the haves are not only more likely to win, they are also more likely to get a second bite at the apple in the cases where they lose.
Consent across Private Law
Authors: Gergen Mark P.
Published: September 2024

The concept of consent does vital work across all private law. The defense of consent in criminal law and tort law requires a person consciously choose, or at least reasonably appear to consciously choose, to allow a boundary crossing that would otherwise be a crime or a tort. The chapter shows the same concept of consent can be found in contract law and property law, if one is attentive to the object of consent (i.e., what an actor must have in mind or appear to have in mind). For example, the most important objects of consent in contract law are to engage in an exchange transaction or to adopt a writing as an expression of contractual terms. Legal obligation and contractual terms can be objects of consent, but typically they are not because people do not have these objects in mind when they make contracts.
Understanding the Rules of Attribution in Private Law
Authors: Penner James
Published: September 2024

The attribution of one person’s act to another is a legal phenomenon that occurs across private law. This chapter presents a survey or overview of the rules by which attribution occurs. Because of the variety of these attributions, and the contexts in which they occur, it is not clear that there is a univocal concept of attribution in private law. In particular, the concept of “representation” is shown not to illuminate the concept of attribution in any clear way. Following this survey, the “metaphysics” of attribution in regard to companies as legal personalities is discussed, and it is argued that there is no need to posit metaphysically suspect artificial agents to explain attribution in the company law context. It is argued that what might be called rules of “relationship attribution,” which focus on the particular relationship the parties are in, provide insight into the phenomenon of attribution.
The Threat and Promise of Collateral Benefits for Private Law’s Coherence
Authors: Sinel Zoë
Published: September 2024

Pursuant to the collateral source rule, a plaintiff can recover monetary payments in respect of his tort from both his insurer and his tortfeasor. The rule’s operation, therefore, appears to place the plaintiff in a better position than he would have been in had he never been wronged at all. On the basis that it violates the compensatory principle that undergirds all of private law’s remedies, the principle of restitutio in integrum, many have advocated the rule’s abolition. This chapter rejects these abolitionist arguments on the basis that they fundamentally misunderstand the compensatory principle. The articulation of the proper interpretation of the compensatory principle, one which focuses on the correction of wrongful transactions rather than the reparation of wrongful losses, not only reveals the best justification for the collateral source rule but also provides insight into the important interstitial role it plays in private law.
Introduction
Authors: Adelaar Alexander , Schapper Antoinette
Published: September 2024

This chapter sets out the scope and rationale for The Oxford Guide to the Malayo-Polynesian languages of Southeast Asia. The volume takes in around 800 members of the Austronesian language family belonging to the Malayo-Polynesian branch, excluding the Malayo-Polynesian languages of the Oceanic branch spoken throughout the Pacific. The Southeast Asian triangle in which the vast majority of these Malayo-Polynesian languages are spoken forms an integrated macro-area characterized by an extended history of interaction and exchange as well as by shared waves of cultural and religious change in more recent times. The volume covers all linguistic regions of the MPSEA area, incorporating the many different viewpoints on their history and typology
Proto-Malayo-Polynesian
Authors: Smith Alexander D.
Published: September 2024

This chapter situates the Malayo-Polynesian (MP) languages within the wider Austronesian language family and their development from Proto-Malayo-Polynesian (PMP). It focuses on the historical development and interrelatedness of the MP languages of Asia and Madagascar as well as two languages spoken in Micronesia, Chamorro, and Palauan. A history of scholarship on MP subgrouping is given, along with more recent developments which are beginning to reshape standard models of MP subgrouping. It also discusses the reconstruction of PMP, the hypothetical common ancestor language from which all MP languages descend. The chapter highlights the putative properties of PMP, including aspects of its phonology and morphosyntax. It looks at comparative evidence that gives a clear understanding of what PMP was like as a spoken language, although areas of disagreement exist among specialists.
Linguistic approaches to Austronesian culture history
Authors: Blust Robert
Published: September 2024

This chapter offers a view into the world of the speakers of Proto-Malayo-Polynesian, their culture (houses, village structure), subsistence (agriculture, maritime technology) and social organisation (marriage, kinship relations). It addresses linguistic contributions to the culture history of the Austronesian-speaking peoples of Southeast Asia and Madagascar. Linguistic evidence for human prehistory is based on the reconstruction of vocabulary, which in turn derives from application of the comparative method, a set of procedures for inferring aspects of prehistoric languages from the traces left in their attested descendants. While these procedures are mainly concerned with how to infer the shapes of words, the chapter also refers to Benveniste (1969) and previous work by Blust for a discussion and illustration of the principles of semantic reconstruction, noting inferences about culture history that depend equally on the meaning of reconstructed words.
Human genetic approaches to Malayo-Polynesian prehistory
Authors: Ricaut François-Xavier , Brucato Nicolas , Cox Murray P.
Published: September 2024

This chapter investigates what is known about the prehistory of Island Southeast Asia from genetics. Traditionally the preserve of linguistics and archaeology, since the 1990s genetics has increasingly shed new light on the population history of this complex region. Advances in high-throughput genomics over the last few years have provided unprecedented levels of resolution. Highlights include identifying an intricate mosaic of populations in Island Southeast Asia prior to the Austronesian expansion, determining that local transitions to the Neolithic were often complex drawn-out processes, and clarifying the role of trading groups in long-distance population dispersals. Coupled with its traditional academic partners, genetics is therefore increasingly placing bounds on the nature of the transition to an Austronesian-speaking Neolithic across Island Southeast Asia.
Historical linguistics of the Philippines
Authors: Zorc R. David , Lobel Jason W. , Hall William
Published: September 2024

This chapter provides an overview of the various Philippine language groups, some phonological developments relevant to Proto-Philippines and its various daughter languages, and subgrouping issues and controversies. It details the documentation and description of several major Philippine languages. It also reviews contact languages that have contributed the most to Philippine lexicons over the past millennium, which include Malay, Spanish, and English.
Historical linguistics of the Malayic subgroup
Authors: Anderbeck Karl
Published: September 2024

Malay is perhaps the best-known and best-studied Malayo-Polynesian language. It rose to prominence in the maritime trade of Island Southeast Asia, and there are currently four countries, Indonesia, Malaysia, Singapore, and Brunei, that have designated varieties of Malay as national languages. Apart from Standard Malay, here are around fifty Malayic (Malay-related) languages, most of which are relatively unknown to the outside world. This chapter presents a clear definition of the Malayic language family, reviewing reconstructions of Proto-Malayic as well as attempts to both situate Malayic within the larger Malayo-Polynesian language family and subgroup and determine the PM homeland. It documents the lateral influence of Malay on other languages and summarizes aspects of Malayic cultural history and controversies in Malayic historical linguistics.
Historical linguistics of the Chamic languages
Authors: Brunelle Marc
Published: September 2024

This chapter is a critical review of previous attempts at classifying and subgrouping Chamic languages. After discussing hypotheses about the place of Chamic within Malayo-Polynesian, arguments for the classification of Acehnese as a Chamic language are reassessed. Proposals for the internal subgrouping of the core Chamic family by Lee (1966), Burnham (1976) and Thurgood (1999) are then re-evaluated and reconsidered in light of evidence accumulated in the past 20 years. The author argues that given the coarse and fragmentary nature of the primary data upon which previous subgrouping attempts have been based, further classification endeavors will require renewed language documentation efforts.
Historical linguistics of the Central Malayo-Polynesian languages
Authors: Zobel Erik
Published: September 2024

This chapter discusses Central Malayo-Polynesian (CMP), a proposed linguistic subgroup that comprises the Malayo-Polynesian languages spoken in the eastern part of the Lesser Sunda Islands, the central and southern part of the Moluccan Islands, and a few languages spoken at the western coast of New Guinea. It presents a list of the smallest uncontroversial units within CMP and discusses some of the major subgrouping proposals that classify the low-level subgroups into larger ones. It closes with an evaluation of the validity of CMP as a whole, concluding that the concept of CMP cannot be upheld as a subgroup defined by exclusively shared innovations.
Language policy and the politics of language
Authors: Hoogervorst Tom
Published: September 2024

This chapter deals with language policy and the politics of language. It juxtaposes a selection of specific case studies that illustrate common developments across the Malayo-Polynesian languages of Southeast Asia, highlighting official or national languages and then regional or minority languages. The chapter brings together a series of case studies highlighting both official language development, and its impact on minority languages, in diverse parts of the region. Focusing on Malagasy, Malay, Indonesian, Tagalog, Tetun, Cham, Javanese, and Kapampangan, it outlines the histories, literary traditions, and the influence of language engineers, education, and media in colonial and postcolonial times. In insular Southeast Asian nations and Madagascar, the elevation of one regional language to the status of national language has often reinforced the marginalization of other languages.
Non-Malayic languages of Borneo
Authors: Kroeger Paul , Smith Alexander D.
Published: September 2024

The languages of Borneo display remarkable typological diversity, both in their phonology and in their morphosyntax. Phonologically we identify two main types: (a) languages whose phonological patterns resemble those found in mainland SE Asia, including such features as word-final stress and complex syllable structure; and (b) languages whose phonological patterns are similar to those found in other parts of island SE Asia, including such features as trochaic stress patterns and less syllabic complexity. In terms of grammatical features, we identify three main types: (a) the Philippine-type, found in NE Borneo; (b) the Indonesian-type, found throughout the remainder of Borneo; and (c) the Central Bornean grammatical type, which, like the MSEA phonological type, occurs mostly in the central latitudes. Characteristic features of the Central Bornean grammatical type include: a lack of applicative suffixes and pronominal prefixes; simple two-way voice distinctions often involving a periphrastic, rather than morphological, passive or Undergoer Voice; and complex pronominal number systems, with as many as five number distinctions in some languages. The other two types have been widely discussed by other authors. The Philippine-type is characterized by verb-initial word order, rich verbal morphology, and complex voice systems often involving four or more voices. Indonesian-type morphosyntax, characterized by the presence of both pronominal prefixes and applicative suffixes, is described here only briefly.
Malayic languages
Authors: McDonnell Bradley , Wu Jiang , Mckinnon Timothy , Adelaar Alexander
Published: September 2024

This chapter addresses the phonological and morpho-syntactic variety among the Malayic languages. While these languages form a well-defined and close-knit genetic subgroup, they also show an enormous typological diversity even within the context of Malayo-Polynesian languages in general. Such diversity can be observed at almost all levels of the grammar, and it is often in direct contrast with the relative transparency of corresponding levels in standard forms of Malay. There is also remarkable variation in the morphological complexity. While many varieties such as Salako and Banjar preserved original affixes to a large extent, vehicular Malay and the Kelantan and Ulu Terengganu varieties have rather reduced morphological inventories. At the level of syntax, voice shows variation, and the systems fall on a cline: on one end, varieties such as Besemah have a grammaticalized symmetrical voice system, and on the other, varieties such as Ternate Malay lack a grammaticalized voice system altogether. The typological features of Kerinci are particularly unusual.
Balinese, Sasak, and Sumbawa
Authors: Shiohara Asako , Arka I Wayan
Published: September 2024

This chapter provides an overview of Balinese, Sasak, and Sumbawa, a closely related group of languages within Malayo-Polynesian. The chapter includes information on the dialectal variation, phonology, morphology, and morphosyntax of the three languages and Balinese speech levels. The languages share typological features such as postposed possessors, no alienable/inalienable distinction, negators in pre-predicate position, and V-initial or SVX, rather than V-second of V-final, constituent order. They exhibit considerable differences in the transitive structure. Whereas Balinese exhibits clear symmetrical voice morphosyntax and sporadic person marking, Sumbawa lacks a voice system but pervasive person indexing on verbs. Sasak dialects show properties between the two. The varying degrees of attrition and disappearance of AV voice morphology in certain dialects of Sasak and a total loss of it in Sumbawa indicates that Lombok and Sumbawa are transitional zones towards a full-fledged subject (S/A) person marking/indexing system as typically found in the Austronesian languages of Sumba in eastern Indonesia.