bluuebunny/crossref_metadata_2025 huggingface dataset:
Social and Economic Justice Foundation
Authors: Delgado Melvin , Staples Lee
Published: January 2009

This chapter presents a four-part definitional and philosophical foundation upon which to build a contextualization of youth rights and their social-political status within society. It includes definitions of social justice, adultism, youth rights, and a social and economic justice agenda. These four perspectives on justice are influenced by moral philosophy and sociology. It is argued that these four concepts are intertwined and that a commitment to these four concepts is essential if adults are to play meaningful roles in working respectfully and effectively with young people in youth-led community organizing.
Recruitment, Chapter Screening, Preparation, and Support of Youth-Led Community Organizers
Authors: Delgado Melvin , Staples Lee
Published: January 2009

This chapter discusses the areas that should be addressed when new youth community organizers are selected, developed, and sustained. It focuses on recruitment, screening, and preparation. The chapter also discusses the importance of peer group supervision and individual supervision or mentoring.
Buddhist Romanticism: Art, Spontaneity, and the Wellsprings of Nature
Authors: McMahan David L.
Published: January 2009

This chapter investigates the articulation of Buddhism in terms of Romanticism and Transcendentalism by examining how Buddhism has come to be conceived as having a special link to art and creativity. D. T. Suzuki, a key figure in this conception, amalgamated German idealist and American Transcendentalist cosmological concepts with Buddhist ones and presented the Japanese poets, Zen monks, and samurai warriors as deeply and religiously attentive to nature in ways similar to the English Romantics and American Transcendentalists. His conception of spiritual freedom as a spontaneous, emancipatory consciousness that transcends rational intellect and social convention drew heavily on these figures. The idea caught on with other influential figures like Lama Govinda and Sangharakshita and has inspired a plethora of popular books, as well as programs in meditation and creativity in monasteries and universities.
A Guide to Evidence-Based Group Work
Authors: Macgowan Mark J.
Published: January 2009

This book illustrates, step by step, how to practice evidence-based group work. As group workers are increasingly being held accountable to evaluate, monitor, and improve their practice, there are scant resources available that apply specifically to their practice. The book is organized around the process and philosophy of evidence-based practice, and consists of the following four stages, which provides the framework for the book: how to formulate a practice question; search for evidence; critically appraise the evidence for its research merit, impact, and applicability; and apply the best available evidence and evaluate if desirable outcomes were achieved. The evidence-based group work framework teaches how to apply skillfully best practices through practical learning activities, case examples, research designs, step-by-step guidelines and checklists, assessment tips, and detailed instructions for formulating questions and evaluating answers.
Social Work with Latinos
Authors: Delgado Melvin
Published: January 2009

Despite evidence showing Latinos to be among the fastest growing populations in the US, very little attention has been given to practice with Latino individuals, families, and communities. Beginning with a comprehensive definition and demographic map of Latinos, Latino culture, and a cultural asset paradigm, this book identifies strategies for designing culturally relevant programs and services. Chapters highlight health and social concerns including issues surrounding gender, religion, language, immigration, substance abuse, and health conditions. More importantly, the chapters also outline a practice framework that places cultural assets at the center. The book provides a rich paradigm for understanding perspectives on culture, access, assets, and how they intersect to inform best practices. The step-by-step framework guides through six stages: pre-contact assessment, initial contact and asset identification, resource mapping, relationship building, intervention, and evaluation. Each stage is heavily grounded in theoretical and socio-political considerations with particular attention to thinking critically about selecting best practices and how to sustain an evidence-based practice.
Latino Cultural Values and Beliefs
Authors: Delgado Melvin
Published: January 2009

This chapter discusses the most salient and important Latino cultural values and beliefs (“spiritual beliefs” and “cultural values”). It argues that these cultural values and beliefs form a core that either directly or indirectly influences numerous other values, which in turn influence behaviors. The chapter also presents personal experiences, or stories, of how cultural values and beliefs were manifested in social work practice at the micro and macro levels. The planning of any social intervention at the micro or macro level will necessitate that these Latino values and beliefs be seriously considered.
The Implementation of Market-Based Child Welfare Innovations
Authors: Meezan William , McBeath Bowen
Published: January 2009

This chapter describes the changes that foster care agencies made, or anticipated making, as they shifted to a performance-based contracting system. Using qualitative analyses of sixty-four in-depth interviews with administrators and supervisors from nine non-profit child welfare agencies, the study compares the actual adaptations made by agencies working in this environment to changes that other agencies anticipated making as they moved into to this environment. The chapter identifies multiple organizational, managerial, and staff-related changes undertaken by child welfare agencies entering this contracting environment, finds that agencies entering performance-based environments do not anticipate the depth of change necessary to succeed within them, discusses the differences in perceptions of changes that occur between staff at various organizational levels, and notes the impact of this performance-based contracting on agency staff and foster children.
The Need for a Moral Order
Authors: Kupperman Joel J.
Published: January 2009

This chapter examines attempts to base ethics entirely on some conception of a moral order. It argues that a necessary base of any acceptable moral judgment is that it can play a part in an acceptable moral order, and that what counts as an acceptable moral order cannot be accounted for in purely contractualist terms. Hence, contractualism is true, but it is far from the whole truth about ethics.
Coming to Terms with the Values of Science: Insights from Feminist Science Studies Scholarship
Authors: Wylie Alison , Nelson Lynn Hankinson
Published: January 2009

This chapter examines the role of feminist values in archeology and developmental biology. It considers two case studies that illustrate a number of kinds of constructive difference that (feminist) contextual values can make to scientific practice. In the first set of cases considered, from archeology, the value commitments of knowers—their nonobjectivity in the second sense—is instrumental in improving objectivity in the third, epistemic sense. The second case study, from biology, illustrates the play of contextual factors in this process of interpreting and weighing constitutive epistemic values; here a feminist angle of vision generates a fruitful reassessment of accepted metamethodological conventions that have had the (unintended) consequence of allowing sex/gender stereotypes to persist in the explanatory framework of the field.
Evidence and Value Freedom
Authors: Sober Elliott
Published: January 2009

This chapter examines values and scientific evidence. It argues that one way to put the ideal of value freedom is believing that a proposition has good or bad ethical consequences is not evidence for its truth. The evidence relation is a three-place one between data, hypothesis, and background knowledge, thus allowing background knowledge to link fact and value. It is also argued that there is a qualified sense in which the value-free ideal is right: judgments about the moral consequences of a proposition cannot provide new information about its truth.
The Development and Use of Data for Child Welfare System Reform
Authors: Goerge Robert M.
Published: January 2009

The University of Chicago's Chapin Hall Center for Children proposed the use of administrative data collected in Illinois public child protective services agencies' computerized information systems to create a longitudinal database of the reporting and investigation of child abuse and neglect, children's experiences in foster care, children's and their families' characteristics, and foster care provider characteristics. This initial database ultimately grew to become the Integrated Database on Child and Family Programs in Illinois (IDB), an analytic resource that made it possible for researchers to create a comprehensive picture of the interactions children and their families have with various services offered by the state. This chapter describe the sequence of events that led to the implementation of the Quick Response project, which drew on the findings in the database.
The Relationship Between Research and Practice in Implementing the RAF Method for Quality Assurance in Residential Settings for Children in Israel
Authors: Zemach-Marom Tamar
Published: January 2009

The RAF method for regulation, assessment, and follow-up is aimed at improving the quality of care provided by an institution or a service using a more objective, systematic, and uniform method of regulation. This chapter provides a retrospective report on the collaboration between the Myers-JDC-Brookdale Institute and the Children and Youth Services in implementing the RAF system. It presents an overview of the project and its context, a description of the RAF method, and an account of its impact on the Children and Youth Services system of residential settings for children at risk. It also describes the project's mode of operation and identify the key actions taken. Finally, it discusses the lessons learned about the ways in which data can have an impact on practitioners.
Research-Based Practice Tools to Improve Child Welfare Services in England: Using theGoing Home?Practice Tool to Support the Effective Reunification of Families
Authors: Axford Nick , Berry Vashti , Bullock Roger , Little Michael , Madge Jill , Morpeth Louise , Mount Kevin
Published: January 2009

The Going Home? practice tool was developed to help professionals responsible for looking after children who have been separated from their families to manage the children's care careers more effectively and so ensure that their eventual reunification has the best chances of success. This chapter begins by describing the policy context in which the practice tool was developed, focusing on the problem of drift in residential and foster care. It considers some of the limitations of orthodox methods of research dissemination in social care as they appeared at the time, summarizes the broad approach to dissemination embodied by practice tools, and outlines the rationale for their application in children's services in the United Kingdom. The chapter then describes the Going Home? tool itself, along with the studies that underpin it, and outlines how the tool was evaluated, the degree to which it affected social work practice and, ultimately, its impact on children's well-being.
Two Puritan New England and the Foundations of the American Jeremiad
Authors: Murphy Andrew R.
Published: January 2009

This chapter provides an in‐depth exploration of the jeremiad in second‐generation New England (c.1660–1685). Delivered primarily in the form of election or fast day sermons, the New England jeremiad decried the community's falling‐away from its godly origins, praised the colonies' founders and founding generation, and called for repentance and reformation. The New England jeremiad's lamentation of decline appeared hand in hand with parallels between New England settlers and the ancient Israelites, reinforcing the community's sense of chosenness. The jeremiad was used by clergy and magistrates in New England as a form of social control, but performed this function not merely by suppressing dissent but by offering early New Englanders a vision of their community as singularly blessed by God. The jeremiad did not fade away after the seventeenth century, but continued into the Revolutionary and early national periods as a central part of American politics and culture.
Five Competing Jeremiads
Authors: Murphy Andrew R.
Published: January 2009

This chapter develops a distinction between two ways of understanding and interpreting the American jeremiad's lament over the present, evocation of the past, and call for reform and renewal. Traditionalist jeremiads understand the past's value to lie in concrete social practices and traditions, and lament the community's falling‐away from those practices. Their political agenda, accordingly, involves recapturing key elements of social reality as, in their understanding, it once existed. Progressive jeremiads, while similarly lamenting present conditions, look to the past not for concrete practices to emulate, but for fundamental principles lying at the heart of American nationhood. The realization of those principles, according the progressive jeremiad, has been repeatedly thwarted, and thus its vision for the future involves realizing such ideals in new and different circumstances. The chapter illustrates these two types of jeremiad by considering the Christian Right (traditionalist) and Abraham Lincoln and Frederick Douglass (progressive.) Rooted in different ways of understanding and engaging with the past, these two types of jeremiads offer sharply contrasting visions for the American future.
Children’s Experiences and Perspectives
Authors: Haight Wendy , Ostler Teresa , Black James , Kingery Linda
Published: January 2009

This chapter describes the perspectives and experiences of school-aged children in foster care as a result of parental methamphetamine misuse. Children reported exposure not only to their parents' and non-kin adults' methamphetamine and other substance misuse, but to a constellation of activities related to drug use or drug-seeking behavior including violence within their homes and other criminal behavior. Children responded to the contexts in which they were reared in a variety of ways including accepting or actively resisting socialization messages that normalized substance misuse. The majority of children described involvement with law enforcement and child welfare as a “sad” and “scary” time in their families. Far from embracing their placement in safe and stable families, many children continued to express sadness, distress, and resistance to legal and child welfare interventions even after months in foster care. Implications for facilitating the adjustment of children to foster care and beyond are discussed, including providing foster parents with support and information about the contexts in which children have been reared, and children's understanding of those contexts in order that they may interpret and respond to challenges that may emerge.
Narrative of a Midwestern Psychiatrist
Authors: Haight Wendy , Ostler Teresa , Black James , Kingery Linda
Published: January 2009

This chapter discusses the rural methamphetamine crisis through the eyes of a Midwestern psychiatrist with over fifteen years experience working with diverse individuals affected by methamphetamine misuse. The account provides a flavor of psychiatric practice in rural Illinois during the methamphetamine crisis of the 1990s and 2000s, and echoes the accounts of mothers, children, and other knowledgeable adults presented in earlier chapters.
Structuralism
Authors: Barber Sotirios A. , Fleming James E.
Published: January 2009

Structuralists contend that interpreters can avoid moral judgments in hard cases by reflecting on the structures of government, i.e., the Constitution's overall arrangement of offices, powers, and relationships. The Constitution's leading structural principles include federalism, separation of powers, and democracy. This chapter shows that Americans have always disagreed on structural questions and their implications for the constitutional rights of individuals. Interpreters cannot avoid philosophic responsibilities through noncontroversial inferences from the Constitution's structures. A responsible approach to structural questions demands a fusion of historical, philosophic, and scientific inquiry. It cannot avoid philosophic reflection and choices.
Doctrinalism and Minimalism
Authors: Barber Sotirios A. , Fleming James E.
Published: January 2009

Doctrinalists contend that interpreters can avoid the burdens and responsibilities of philosophic reflection and choice in hard cases by reflecting on bodies of judicial doctrines developed through a process of deciding one case at a time. That doctrinalism offers no escape from philosophic reflection and choice is evident in the different interpretations of virtually any long-standing judicial doctrine, like the “separate but equal” doctrine applied in Plessy v. Ferguson and repudiated in Brown v. Board of Education. This chapter shows that doctrinalism cannot avoid controversial moral and philosophic choices in hard cases. The same is true of judicial “minimalism”, a pragmatic variation on doctrinalism whereby judges would narrowly decide one case at a time. The chapter shows that minimalism itself is a form of philosophic approach, or what Cass Sunstein, minimalism's leading proponent, calls “perfectionism”.
Pragmatism
Authors: Barber Sotirios A. , Fleming James E.
Published: January 2009

Leading pragmatists including Stanley Fish and Richard Posner have argued that the philosophic approach is fruitless because moral philosophy is a fruitless activity; indeed, they have challenged the entire enterprise of constitutional interpretation, rejecting the assumptions underlying it and claiming to expose the “myths” of the rule of law. This chapter shows the incoherence of practical pragmatism (Posner's pragmatism) and the admitted political impotence of purely theoretical pragmatism (Fish's pragmatism). It also rejects pragmatists' claim to explain legal phenomena scientifically. But the chapter doesn't quarrel with all that pragmatism stands for. It rejects the skepticism of pragmatism's leading figures about constitutional meaning and the duty of judges and other interpreters to pursue that meaning through a self-critical process best represented by the philosophic approach. The chapter has no quarrel with pragmatism's instrumental view of law in general, for legal instrumentalism, without more, is perfectly compatible with the philosophic approach to constitutional meaning.
Where Do We Look for Reputation?
Authors: Craik Kenneth H.
Published: January 2009

This chapter examines the structure and membership of a person’s reputational network, including its size, density, and patterning. It sketches the life-span dynamics of reputational networks, with some members being recruited to it as others depart. On the one hand, compared to the global population, the membership of any person’s reputational network is relatively small and interrelated; from this network perspective, “it’s a small village.” On the other hand, reputational information courses through certain network bridges that link together and expand a person’s potential network through relatively isolated ties to others, generating the capacity for rapid, widespread, and often untraceable reputational information flow. In this sense, a possibly global scale of fame appears to be perhaps not too unattainable; thus, from this network perspective, “it’s a small world.”
Person Bins—Assembling Information According to Specific Persons
Authors: Craik Kenneth H.
Published: January 2009

The theme of this chapter deals with the ways in which each member of a person’s reputational network gathers and cumulates impressions, beliefs, and evaluations about that specifically identifiable person. The resulting network of cognitive nodes, or person bins, constitutes the distributive facet of reputation. The chapter reviews dynamic features of personal perception and cognition, such as the negativity bias. The domain of disreputable acts is explored by examining outcomes of legal actions for defamation. These analyses suggest that disreputable acts tend to fall within the categories of specific personality dispositions, such as high extroversion, low agreeableness, and low conscientiousness.
Buzz and Bins
Authors: Craik Kenneth H.
Published: January 2009

This chapter identifies theoretical elements that generate two major aspects of reputation—the discursive facet, dealing with information actively flowing through the person’s reputational network, and the distributive facet, dealing with latent information stored within the network’s person bins. They constitute the two distinct forms in which the common knowledge of the specific person is socially represented. The term fama was a culturally rich concept in medieval Europe that referred to what was generally said about events or actions, as well as what was generally said about a person. Within modern social psychology, the theory of social representation holds that everyday talk and common knowledge continue to play a central and pervasive role in contemporary culture.
The Person as Agent and Resultant of Reputation
Authors: Craik Kenneth H.
Published: January 2009

Chapter 6 considers the person as both agent and resultant of reputation. The person seeks to convey a particular social image to others while using feedback from others as a source of self-knowledge. General renown and approbation are seen as sources of social acceptance and social capital within a person’s community. This chapter examines the craft wisdom to be found in the professional realm of reputation management that is increasingly available to public figures, celebrities, and corporations. Publicity agencies offer proactive services to mold, circulate, and protect public visibility and image. False assertions may threaten our reputation, but we might also actually engage in undeniably disreputable conduct. For either case, a guild of specialists is ready to come to the rescue and provide reputation damage control.
12 Culture and the Arts
Authors: Ramadan Tariq
Published: January 2009

This chapter examines the relationship between Islam and culture. It argues that the world's cultures and their particular artistic productions should be considered with an open, critical, and always inclusive outlook. All the artistic works—from music and architecture to cinema, literature, and drama—that express humankind's nobility and essence in its quest for meaning, questionings, emotions, sufferings, and its joys should be welcomed and integrated as our own.
15 Society, Education, and Power
Authors: Ramadan Tariq
Published: January 2009

This chapter discusses the need to address issues such as education, civil societies, and the management of the different religious and political powers in the reform of Islamic thought. It argues that people in the Islamic world continue speaking about the dynamics of power distribution, political power, scholarly authority, and relations to people, as if nothing had truly changed. They would like to reform societies by relying on classical, visible powers, without noticing the extent to which this approach is not only outdated but also dangerous.
6 The Cure for Cognitive Hiccups (HEMC, HEC, HEMC…)
Authors: Clark Andy
Published: January 2009

The EXTENDED model claims that human cognitive processing may at times loop into the environment surrounding the organism. In contrast, a more conservative view is that certain cognitive processes lean heavily on environmental structures and scaffoldings but do not thereby include those structures and scaffoldings themselves. This chapter argues that the conservative view threatens to obscure much that is of value and that a robust notion of cognitive extension thus earns its keep as part of the emerging picture of the active embodied mind. To make this case, the chapter begins by sketching some general responses to the worries that motivate the more conservative view. It then presents some new examples and arguments that aim to flesh out the skeleton responses and to illuminate further the nature and importance of cognitive extension itself.
What Should a Course on Death and Dying Accomplish? “Death Education” in an Undergraduate Religion Course
Authors: Bregman Lucy
Published: January 2009

This chapter juxtaposes the enterprises of “death education” and “religious studies,” to show how these are normally defined with very different aims in mind. Death education centers upon one's own existential encounters with death and loss, an ideal emergent out of the 1970s death awareness movement. Religion study, on the other hand, aims at the scholarly and detached understanding about the roles of religious traditions in history and society. It has eschewed the goal of increasing personal faith, as part of its legitimation for inclusion in a university setting. Nevertheless, there is room for the goal of “honoring experience” within the death and dying course offered in a religion curriculum, including important non-academic experiences which students already bring into the classroom.
Teaching Death and Dying: A Pastoral Theological Approach
Authors: Ramsey G. Lee
Published: January 2009

This chapter explores the teaching of death and dying from a religious perspective, namely a Christian theological one. While death is a universal human experience, interpretations and responses to death and dying—emotional, physical, cognitive, and spiritual—are conditioned by the deepest religious convictions of the one who is dying and the ones who are grieving the coming or recent loss of another to death. Within schools of theological education students need to learn not only psycho-social frameworks for understanding loss, death, and grief as a human phenomenon, but they need to examine the religious tradition's distinctive interpretations of death within the larger divine story of creation, redemption, and resurrection. The chapter concludes that when students clarify their own personal and theological convictions about death and resurrection, they are more able to offer themselves and the resources of the Christian tradition in support of others who are grieving or dying.
Death, Loss, and Bereavement: The Role of Social Work
Authors: Hopmeyer Estelle
Published: January 2009

This chapter describes a graduate level course on life-threatening illness, loss, and bereavement taught at the McGill University School of Social Work. It presents current goals, content, format, and assignments. It also addresses strategies utilized to assist students in processing and integrating this powerful practice material. In this course students must challenge themselves both as emerging professionals wanting to become skillful in working with individuals and their families, and personally as they are required to face issues related to their own loss history and mortality. Unlike many chapters in the book, this one presents many examples of clinical practice related to death and dying and non-bereavement loss. Examples of specific areas addressed are the impact of culture, sudden stigmatized death (suicide), disenfranchised grief, and psycho-social loss.
Teaching Outside the Classroom
Authors: Garces‐Foley Kathleen
Published: January 2009

In the classroom we can light incense, listen to dirges, watch videos of funerals, and pass around a cremation urn, but these encounters with the intersection of death and religion are taken out of their social context. By moving students beyond the classroom, we force them to step beyond the comfort of academic distance and encounter religion and death on their own terms. This chapter describes the pedagogical benefits of site visits and how they can enhance the study of death from a “lived religion” perspective. It also explores ethical issues arising from site visits and suggests practical ways to maximize the success of the site visit, from planning the trip to student preparation through the follow-up analysis. Lastly, it offers specific suggestions for visits to the most common sites used in death courses, namely cemeteries and funeral homes.
Why an Investigation of Paranormal Experience Should Be an Essential Component of a Course on Death
Authors: Betty L. Stafford
Published: January 2009

A good course on death does more than explore the way we die and grieve. It does more than show us how to prepare a living will or to decide whether physician-assisted suicide is ethical. It does more than survey the various religious views on death and afterlife or the philosophical arguments for or against survival of bodily death. A complete course will address the question of meaning. What is the meaning of death? The meaning of death hinges on the question of afterlife—as does the meaning of life. Do we survive death? If so, what do we survive into? There is no evidence more helpful in deciding how to answer these questions than that coming out of psychical research. This chapter looks at the most important of these evidences: near-death experiences, deathbed visions, studies of children who remember previous lives, and mediumistic accounts of the world beyond.
Designing a Course on Religion and Cinema in India
Authors: Chatterjee Gayatri
Published: January 2009

One of the first significant works of its kind, this chapter presents a detailed introduction to religion and film in India. With a focus on Hinduism, the chapter is a rich survey both of the history of Indian cinema and of the many issues to consider when thinking about teaching religion in India through film.
The Pedagogical Challenges of Finding Christ Figures in Film
Authors: Deacy Christopher
Published: January 2009

While identifying Christ figures in films can be a provocative and productive classroom tool, seeing such films as a mere illustration of theology can be ultimately superficial and misleading. When is theology in a film, and when is theology brought to a film? Although much academic writing has focused on identifying Christ figures in the movies, this chapter takes a step back and examines the interplay between film and theology more generally around the theme of the Christ figure, with implications for both teaching and theory.
Touching Evil, Touching Good
Authors: Makarushka Irena S. M.
Published: January 2009

This chapter looks at the teaching of special topics in the study of religion, in this case the representation of evil. Employing the medium of film to teach this topic enables students to reflect on “religious” assumptions and their implications for how we experience ourselves in the world. With the focus on a particular film, Crash, and the theoretical work of Paul Ricoeur, this chapter considers evil by analyzing the racism in Crash and its relationship to alienation, confession, and redemption. The more general project of a similar course would be to introduce students to evil as a complex dimension of human experience. Reading films critically increases the likelihood that students will move beyond either/or and black/white dichotomies toward a more integrated understanding of the problem of evil.
The Supplicants and Their Saints
Authors: Duffin Jacalyn
Published: January 2009

This chapter provides an analysis through time of the people in whom miracle cures were worked (miraculés) and their relationship to the saints in terms of geography, gender, occupation, and class. They range in age from newborn infants and children to the elderly, and they include aristocrats, nuns, priests, bishops, farmers, shopkeepers, illiterate mothers, and domestic servants. Their responses to suffering reflect their occupations, social positions, and cultural practices. Some of the cured had already died from other causes by the time that the investigations begin.
How Wide Is Our Lens?
Authors: Hicks Douglas A
Published: January 2009

This chapter examines the predominant vision many political leaders have articulated post-September 11, 2001: a narrow and embattled vision of the collective American identity. It draws on Samuel Huntington’s “clash of civilizations,” a global image in which “the West” is and will increasingly be engaged in a struggle with other cultural-political blocs around the world, most notably “the Islamic World.” At home, this civilization-based perspective requires defining the essentials of an American or Western identity, which in its totality marginalizes or begrudgingly tolerates people outside the mainstream. For some, including Huntington and George W. Bush, this connects to a vision of America as a Christian nation. What does it mean to see America as a Christian nation? For some, it means conforming the laws of society to the coming Kingdom of Christ or to some set of “Judeo-Christian values.” For others, it means something less directly political. This vision privileges Christian identity over other religious or moral affiliations.
Shaping the Culture
Authors: Hicks Douglas A
Published: January 2009

This chapter explores a particular application of the well-accepted view that effective leaders both understand and help shape their institution’s culture. Language and religious symbols make a vital difference in developing a vision of society. This chapter analyzes three cases in which leaders acted to transform public culture towards inclusion vis-à-vis America’s religious diversity: William and Mary President Gene Nichol and his decision about the Wren cross; Keith Ellison, a U.S. Muslim congressman, and his swearing-in using a Quran; and former U.S. President Bill Clinton and his statements on religion in public schools and on religion in the federal workplace. These cases suggest that good leadership requires facing the dilemmas that religious symbols can create, and then transforming them into opportunities to expand American public culture. Each case sheds light on what leaders should and should not do to shape the culture.
Engaging Citizens
Authors: Hicks Douglas A
Published: January 2009

Building an inclusive culture requires thoughtful engagement on the part of public leaders with their constituents. Business experts talk about management by “walking around”; this chapter focuses on leadership by “showing up.” This is already happening. Good leadership occurs in the everyday encounters—as Tocqueville would appreciate—among leaders and diverse citizens in their moral and religious communities. Building connections also happens by creating interfaith coalitions, which can be challenging and even dangerous work for citizens. In overall terms, civic engagement across religious lines calls for both interpersonal and epistemic humility.
Expanding Patent Rights in Pharmaceuticals
Authors: Correa Carlos M.
Published: January 2009

In some developed countries, the patent owners' exclusive rights have been stretched by allowing them to block the marketing approval of competing pharmaceutical generic products. This creates a “linkage” between patent protection and drug approval, two separate areas of regulation with distinct objectives. This form of “linkage” has been systematically introduced in the free trade agreements signed by the US with a number of countries, often under conditions that are more stringent than those applicable in the USA itself. This chapter examines the judicially-based “linkage” implemented in the USA and Canada, and the administrative regimes generated by the referred to agreements. The implications for public health in developing countries may be significant, particularly as patents on variants of existing pharmaceuticals may be unduly used to exclude competition of low priced generic medicines.
The WIPO Development Agenda in an Historical and Political Context
Authors: Roffe Pedro , Vea Gina
Published: January 2009

This chapter traces the chain of events and political debate surrounding the evolution of the international intellectual property (IP) architecture from the establishment of the Paris Convention in the 19th century, to reform efforts by developing countries in the 1970s, and the recent initiative in WIPO on a Development Agenda. It illustrates that tensions around striking an appropriate balance between public interests and private rights have persisted since the inception of the IP system. Furthermore, it shows that the establishment of the Paris Convention was the result of a strategic compromise between those who wanted to promote the recognition of patents beyond national boundaries, and those who feared that outright protection of foreign inventions might hamper local industrialization. Countries have continued to grapple with IP and development through the five revision conferences of the Paris Convention, waves of national reforms and attempts to rebalance the international IP system, the advent of the TRIPS Agreement, and finally the adoption of the WIPO Development Agenda.
Historical Perspectives on Patent Systems in Economic Development
Authors: Khan B. Zorina , Sokoloff Kenneth L.
Published: January 2009

This chapter examines the structures of patent systems in countries around the world and how they evolved over the course of the 19th century. It focuses on the sources of innovation in the design of intellectual property institutions and the systematic variation in the specifications of intellectual property institutions across countries and over time. The chapter analyzes the effects of the respective systems on patterns of patenting, the composition of inventors, and the direction of inventive activity. It discusses how and why there was a marked tendency towards convergence in international patent laws over the 19th century. Finally, the chapter highlights the lessons that history offers for today's developing countries, concluding that intellectual property institutions function best when their rules and standards are flexible and adjust to individual circumstances.
Antitrust, Patents, and Developing Nations
Authors: Barton John H.
Published: January 2009

This chapter reviews the balance between patent law and antitrust law from the perspective of developing nations, looking in turn at those principles governing the exercise of monopoly power, those governing oligopolies, and those governing licensing and ownership relations between foreign and domestic firms. It recommends development of detailed specific patent-antitrust principles to be used in interpreting developing-nation antitrust law. It also recommends new international antitrust arrangements to deal with global oligopolies and mergers, and with the transnational enforcement of antitrust decrees that affect patent rights. Such arrangements would be in the interest of the entire world, not just of developing nations.
Contours of an International Instrument on Limitations and Exceptions
Authors: Hugenholtz P. Bernt , Okediji Ruth L.
Published: January 2009

This chapter examines policy options and modalities for framing an international instrument on limitations and exceptions to copyright within the treaty obligations of the current international copyright system. It considers this international copyright acquis as the general starting point and evaluates options for the design of such an instrument, including questions of political sustainability and institutional home. Section I sketches the rationales for a multilateral approach to the question of limitations and exceptions. Section II explores flexibilities inside the international copyright acquis, reviews the three-step test, and assesses its import for the validity of a proposed international instrument on L&Es, particularly given the expansion of the test in the TRIPS Agreement and the interpretive jurisprudence of the WTO dispute panels. Finally, section III sets out in preliminary fashion the basic contours of a multilateral instrument on L&Es.
Implied Marriage Agreements
Authors: Lind Göran
Published: January 2009

This chapter focuses on several aspects concerning inferred agreements in relation to marriage contracts. Section 7.2 addresses the reasons for accepting inferred agreements, with the establishment of a common law marriage. Section 7.3 considers the development of the law with respect to inferred agreements during the 1800s and 1900s. Section 7.4 addresses the status of inferred agreements today. Thereafter, a presentation concerning the most common evidentiary facts cited as support for inferred agreements is provided in Section 7.5. The courts's reasonings in a number of cases are further discussed in order to explore how the facts cited are used in the finding of the existence of an inferred marriage contract in Section 7.6 as well as the reasonings given in the cases in which no contract was found proven, as discussed in Section 7.7. The chapter ends with a summary and conclusions as to the present status of the law with respect to inferred agreements.
The Fourth Amendment
Authors: Cuddihy William J.
Published: January 2009

This book tells the full story of the Fourth Amendment's complex history leading up to its ratification, including its intellectual roots in England. The Fourth Amendment's protection against unreasonable search and seizure provides the bulwark for police regulation and many other government functions in the United States. One of the most controversial rights in the Bill of Rights, this amendment is also among the most frequently adjudicated provisions of constitutional law. Yet its meaning has remained deeply contested, and the story of its origins is largely unknown. This book has particular relevance today given the long list of controversial new surveillance measures undertaken by the government in recent years. It provides historical context to recent events such as the passage of the USA–Patriot Act, the NSA surveillance program, new surveillance techniques, and the emergence of data mining. There is—and will be for the foreseeable future—extensive attention given to the Fourth Amendment as it is applied to new technologies. The preface has been written by privacy expert Daniel Solove.
The English Practice of Search and Seizure, 1485–1642
Authors: Cuddihy William J.
Published: January 2009

This chapter discusses the development of the concept of unreasonable search and seizure. The concept emerged in England after 1580 because the practice as well as the law of search and seizure had altered over the preceding century. The changes in practice were not only more drastic than those in the law but also more responsible for the appearance of the concept because they had the deepest impact on the lives and sensibilities of articulate Englishmen.
English and British Advocacy of the Specific Warrant, to 17601
Authors: Cuddihy William J.
Published: January 2009

This chapter discusses the origins of the specific warrant. By 1760, Britons had emplaced much of the intellectual foundation for what became the specific warrant clause of the Fourth Amendment. Specific warrants had progressed steadily in British law, and British politicians, lawyers, and assorted intellectuals had deposited a body of coherent thought, an ideology, in defense of those warrants. Specific warrants offered a viable substitute for the general warrant as the conventional method of search and seizure.
Issues Correlative to the Search Warrant, 1761–1776
Authors: Cuddihy William J.
Published: January 2009

This chapter shows that between 1761 and 1776, Britons and Americans discussed not only specific and general warrants but also the circumstances in which warrants should be issued, if privacy could be expected aboard ships as well as within houses, and the latitude of search that arrest warrants permitted. Although these topics had been considered before, they attracted greater attention in the decade and a half before the American Revolution. The twilight of the colonial period did not produce agreement on those topics, but it did generate a larger palette of ideas concerning them.
Unilateral Countermeasures
Authors: O'Connell Mary Ellen
Published: January 2009

The most widely available forceful method of enforcing international law is the countermeasure. Countermeasures are regulated under the law of state responsibility. They are countermeasure to otherwise unlawful measures taken in response to a prior wrong, following notice by an injured state. Countermeasures must be proportional in the circumstances. They may include armed measures so long as the force used is minimal — such as in cutting nets of fishing vessels caught fishing in violation of treaties. Because economic measures are a common form of countermeasures, countermeasures are increasingly subject to prior adjudication by the World Trade Organization's Dispute Settlement Body. Thus, they increasingly resemble law enforcement measures of national legal systems.
National Court Enforcement
Authors: O'Connell Mary Ellen
Published: January 2009

National courts have extensive control over people and assets and, thus, have impressive capacity to enforce international law. More international law is likely enforced through national courts than in any other manner. Decisions flowing from almost 200 court systems may lead to varying and even conflicting decisions as to the requirements of international law, possibly leading to fragmentation. New classical enforcement theory that teaches that natural law, positive law, and process theory can guide national courts to optimal decisions to keep international truly universal. These courts must also respect certain international law principles in the conduct of adjudication — from jurisdictional principles to due process. This chapter contrasts a decision of American courts refusing to enforce an ICJ judgment with a German decision speaking of the importance of doing so in support of individual human rights and the law of the international community.
Conclusions
Authors: O'Connell Mary Ellen
Published: January 2009

International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind all states no matter how powerful. It is through international law that competing powers and divergent cultures can reach consensus. International law's power is based on acceptance. It is endowed with enforcement capacity and the hope of all humanity.
Who Succeeds as an Entrepreneur in Ho Chi Minh City
Authors: Kim Annette Miae
Published: January 2009

This chapter details the operations of the case study firms in this book. They all faced four common challenges in converting agricultural land into large, private housing development projects on the periphery of Ho Chi Minh City: finding available land, negotiating compensation with current occupants, assembling development financing, and gaining permits and approvals. The chapter shows how the firms found and created a variety of institutional arrangements to overcome these hurdles and relied on the assistance of city district governments. It also distils the common characteristics and strategies of the firms who were successful.
The Social Construction of Entrepreneurs
Authors: Kim Annette Miae
Published: January 2009

This chapter outlines the alignment of interests which helped form the new economic relations and transactions behind Vietnam's private real estate market. Introducing the term fiscal socialism, it shows how the firms were able to connect the increased land use authority that was decentralized to under-funded local governments with the desire for more housing from the rapidly growing number of households with rising incomes but few investment alternatives. More importantly, the chapter details how the interests of fiscal socialism were aligned through the reconstruction of social cognition. It also shows how social cognition was re-constructed again when other members of society, particularly the rural population who were displaced for new urban development projects, contested their role in fiscal socialism.