bluuebunny/crossref_metadata_2025 huggingface dataset:
Dealing with data 1
Authors: Petchey Owen L. , Beckerman Andrew P. , Cooper Natalie , Childs Dylan Z.
Published: April 2021

In the previous two chapters we experienced/demonstrated a data analysis workflow about variation in the diets of bats. In this and the next few chapters we will take a deeper dive into the details of R and of concepts. In this chapter, you will become much better acquainted with the wonderful world of the dplyr package. We look more carefully at the some of the core dplyr functions: ‘select’ (get some columns), ‘mutate’ (make a new column), ‘filter’ (get some rows), ‘arrange’ (order the rows), ‘group_by’ (add grouping information), and ‘summarise’ (calculate summary information about groups).
The Geographical Dimension of Structural Change
Authors: Boschma Ron
Published: April 2021

This chapter explores patterns of structural change from a geographical perspective. It summarizes recent insights on the geography of structural change, and in particular on regional diversification. It shows how local capabilities and institutions impact on structural change, and why the capacity of regions to diversify differs substantially. This chapter describes how concepts like diversification and relatedness have been fruitfully combined in a rapidly expanding literature. Diversification refers to the emergence of new activities, an important feature of structural change. These new activities are often embedded in, or related to, existing activities at the national and regional scale, requiring similar capabilities. But new activities can also be unrelated to existing ones.
Structural Change as a Modernization Process
Authors: Lavopa Alejandro , Szirmai Adam
Published: April 2021

This chapter analyses economic development through the lens of a newly developed index: the structural modernization index. This index combines two dimensions that have been widely invoked as prime drivers of economic development namely, structural change and technological catch-up. For each country, the index calculates the productivity gap with respect to the world frontier in activities that typically represent the modern sector of the economy and weights this relative productivity by the employment share of those activities in the total labour force. The index is calculated for a sample of 115 countries over the period 1960–2014. It is used to explore the relationship between structural modernization and the ability to escape poverty and middle-income traps.
Trade Liberalization, Structural Change, and Economic Growth
Authors: Landesmann Michael , Foster-McGregor Neil
Published: April 2021

Trade and the integration of countries into the global economy is one of the main forces shaping the structural composition of economies, an effect which in turn is expected to impact upon productivity and growth. Structural change can be restrained or reinforced by international trade. This chapter reviews the theory on the relationship between trade and trade liberalization and both structural change and growth, from the contributions of Adam Smith to the more recent new new trade theory beginning with the work of Melitz. The chapter further discusses the existing empirical evidence on the relationship between trade and structural change, before concluding by presenting evidence on the impact of trade liberalization on productivity growth for a broad sample of countries, further decomposing the effect into an effect due to structural change and an effect due to within sector productivity developments.
Reflections on Central Banking
Authors: Njoroge Patrick , Murinde Victor
Published: April 2021

This chapter seeks to code the milestones on the epic journey of central banking from the initial conditions, through the transition, to modern policy and practice today, in a global context and Kenyan perspective. It is argued that although developments in economic theory, evidence, and policy have entrenched the robustness of central banking today, some unresolved issues persist: the issue of central bank independence; exchange rate regime outcomes in natural resource rich countries; bank regulation is still at the crossroads; the challenges presented by globalization and convergence of banking systems are real. The chapter concludes with a futurology of central banking: the future of bank regulation cannot ignore peer monitoring and market discipline; the primary mandate of central banks should be price stability but with some flexibility to respond to extraordinary circumstances; and central bank independence (personnel, financial, and policy independence) is critical for modern central banks.
The Early Days of the Central Bank of Kenya
Authors: Gheewala Mahesh
Published: April 2021

This chapter presents an interesting dimension of the history of the Central Bank of Kenya (CBK), given that it is authored by a person who was the National Treasury Officer responsible for establishment of the CBK. The author offers a chronology of how CBK was founded, the discussions around its name and how its operations came to be independent of the National Treasury. He highlights important issues on central bank capital, ownership of the Bank, government borrowing from the Bank and conduct of rudimentary monetary policy. The author also highlights his working relationships with the first governors of CBK, Dr Baranski and Mr Duncan Ndegwa. It is noted that the author’s contribution to Kenya in the field of finance and banking during the country’s formative years, earned him the honour of Moran of the Order of the Burning Spear (MBS).
The Structure of the Interbank Market in Kenya
Authors: Ndirangu Lydia , Ngoka-Kisinguh Kethi , Kariuki Esther
Published: April 2021

This chapter discusses the evolution of the network structure of Kenya’s overnight market. It applies several measurements derived from network theory to uncover some key microstructure characteristics and the nature of the interbank market segmentation. An important issue is to understand what opportunities and challenges the structure of the interbank network presents for liquidity management and stability of the banking system. The results reveal a fragmented market, consisting of local clusters with hub-like and periphery banks. These features seem to become more prominent with time. Although the interbank structure is largely incomplete (density of about 0.25), each bank can be linked to all other banks in the network in no more than three steps. While this may imply that the core potentially provides an efficient shortcut for most peripheral banks for accessing liquidity in the network, the short-path length suggests that contagion can also spread with ease.
The Characters of Criminal Law
Authors: Naffine Ngaire
Published: April 2021

Criminal law theorists necessarily start their theorizing with some idea of their subject. The dominant figure in the canon is the criminal actor understood as a freestanding individual, removed from his group affiliations. I call him Model 1. Then there is the demographic or social model of the criminal person. Here our disciplinary characters are treated as members of a population that have certain propensities. Those who subscribe to this second model tend to be thinking of real historical and social people, located in places and contexts, as well as people with bodies and sexes. I call this Model 2. Most criminal laws operate on the basis of a Model 1 person, with an individual without social characteristics or context. But occasionally these demographic concerns are directly expressed in criminal laws. The English criminal law of rape is one such law. It still names men as the people of concern. The English law of rape therefore poses a challenge for Model 1 individualists, requiring them to make some sense of this population-specific law. So, when individualists write about the nature of rape and its law, as they often do, it is highly revealing of their thinking about their own criminal law character. Here I consider the work of legal philosopher John Gardner, who has written influentially about English rape law, to discover what an individualist does with a law which acknowledges its population of concern. What happens when the two paradigms conflict?
Responsibility and Explanations of Rape
Authors: Pickard Hanna
Published: April 2021

This chapter examines the psychological function and consequences of responsibility ascriptions in relation to the crime of rape. Section 1 draws on recent work in the philosophy and science of causal cognition to argue that responsibility ascriptions, like explanations, are tethered to interests and perspectives: descriptive and prescriptive background norms affect not only what counts as a satisfying explanation of why something happened, but who is singled out as the bearer of responsibility for what happened. Section 2 draws on in-depth qualitative interviews with convicted rapists, together with empirical studies of the attitudes and factors that result in ‘victim-blaming’ within the general population, to detail the descriptive and prescriptive norms of rape culture. Section 3 brings these discussions together. Given the pervasive influence of rape culture norms, introducing a woman’s violation of any of them in court can serve to (implicitly or explicitly) focus attention on those violations as causally salient and explanatory of what happened, and hence on her—as opposed to him—as the bearer of responsibility for what happened. The psychological function and consequences of responsibility ascriptions may therefore contribute to the grotesque and persistent failure of the courts to convict and appropriately sentence rapists.
Vladimir Nabokov’s Speak, Memory (1951)
Authors: Riley Kathleen
Published: April 2021

Chapter 8 explores in detail the rich nostalgia of Vladimir Nabokov who was born into a privileged family in tsarist St Petersburg and spent his entire adult life in exile—in England, Europe, the United States, and finally in Switzerland. His need to recall patches of the past, and to reclaim his lost childhood, found expression in the autobiographical essays collected in Speak, Memory, the original title of which was to have been Speak, Mnemosyne (calling to mind the opening words of the Odyssey, ‘Tell me, Muse’). As the chapter reveals, it is the very condition of exile that provides Nabokov with an identity and in which, as an artist, he revels and luxuriates. For him nostalgia is a higher form of consciousness and nostalgic writing an act of ecstatic devotion.
Woody Allen’s Midnight in Paris (2011)
Authors: Riley Kathleen
Published: April 2021

This chapter explores the question, posed by Svetlana Boym in The Future of Nostalgia, ‘How can one be homesick for a home that one never had?’ Its focus is Woody Allen’s 2011 film Midnight in Paris, the director’s most overt and sustained meditation on nostalgia, and the most wooing. The film concerns a twenty-first-century Hollywood screenwriter, Gil Pender, who stumbles effortlessly through the space-time continuum to find himself (in both senses) among Gertrude Stein’s Lost Generation, a world he has always believed to be his spiritual home. Through Gil’s time-travelling odyssey, Allen probes the allure and the perils of nostalgia; he shows how nostalgia relies on impossibility or absence to feed it, to lend it piquancy and artistic efficacy. The chapter also examines the Lost Generation’s propulsive nostalgia which was spawned by a tremendous sense of rootlessness and flux, and why the Odyssey was a guiding text for expatriates like Joyce, Hemingway, and Fitzgerald.
Michael Portillo’s Great Railway Journeys: Granada to Salamanca (1999)
Authors: Riley Kathleen
Published: April 2021

This chapter follows Michael Portillo’s pilgrimage to his late father’s native Spain as part of the BBC television series Great Railway Journeys. Luis Gabriel Portillo was a poet and law professor who stayed loyal to the Republican government when the Spanish Civil War broke out in 1936. A liberal intellectual and a Catholic idealist, he refused to carry a rifle at the front for fear of killing one of his brothers, five of whom were enlisted on the Nationalist side. Instead he ran messages as a courier and acted as a political instructor to the troops. In January 1939, shortly before Madrid fell to Franco, he escaped across the Pyrenees, reaching England as an asylum-seeker. For two decades he was unable to set foot in Spain. Michael’s moving Telemachan odyssey took him back to the land of his father’s heroes, to the village of his formative years, to the front line of the civil war, and to the ancient university city of Salamanca, the Ithaca of which Luis dreamt during his long years in exile. The chapter also looks at examples of Luis Portillo’s deeply nostalgic poetry of exile, from his published volume Ruiseñor del destierro.
Daniel Mendelsohn’s An Odyssey: A Father, a Son, and an Epic (2017)
Authors: Riley Kathleen
Published: April 2021

This chapter looks at Daniel Mendelsohn’s memoir An Odyssey: A Father, A Son, and an Epic which interweaves a nuanced portrait of his late father Jay with reflections on the text of Homer’s Odyssey. The book is essentially a Telemachy, a son’s quest to find out about his father, but the difference between Homer’s Telemachus and Mendelsohn is that Mendelsohn’s quest is undertaken largely in his father’s presence. In January 2011, 81-year-old Jay Mendelsohn, a retired mathematician, enrolled in his son’s undergraduate seminar on the Odyssey at New York’s Bard College, and the encounter between their opposing perspectives of Odysseus’ heroism led to a richer reading of the poem. When the semester ended, father and son embarked on a cruise entitled ‘Journey of Odysseus: Retracing the Odyssey through the Ancient Mediterranean’. The voyage lasted ten days, one for each year of Odysseus’ nostos, and afforded Mendelsohn new perspectives on his complex, polytropos father.
Mechanical Design
Authors: Chen C. Julian
Published: April 2021

This chapter discusses various mechanical designs for STM and AFM. The central piece of the mechanical design of STM and AFM is the course positioner. Therefore, various types of course positioners are also discussed. The louse and the pocket-size STM are discussed first. It is of significant historical importance but no longer popular today. The single-tube STM has a very simple mechanical structure, and still the basis of the most popular commercial STM and AFM. The Besocke-type or the beetles is very popular among builders of special-purpose STM due its immunity to temperature variation and vibration. For STM requiring superb stability, the walker and the kangaroo are the preferred design. The commercial nanostepper, the Inchworm, is described. It has been successfully used by many designers of special-purpose STM.
Crucified with Christ
Authors: McCall Thomas H.
Published: April 2021

Chapter 1 examines the Apostle Paul’s claims to be “crucified with Christ” (Gal. 2:19-20). Engaging with recent apocalyptic interpretations of the text, it offers theological analysis of the current exegetical discussion. The chapter then looks at how metaphysical issues might be mapped onto the current debate in biblical scholarship; here is an evaluation not only various occasionalist strategies but also a modification of Thomas P. Flint’s “Theory of Final Assumptions.” Finally, the chapter proposes a way forward that proceeds through retrieval of an older and oft-overlooked position—that of John Chrysostom.
The Identity of the Son
Authors: McCall Thomas H.
Published: April 2021

Chapter 3 discusses the question: Is the identity of the Son established in God’s decree of election, or is it secured (logically) prior to and independently of that decree? This is the subject of an intense debate within scholarship on the theology of Karl Barth. The chapter offers theological analysis of this debate, probes its foundations and evaluates the adequacy of its supposed basis in biblical exegesis. Accordingly, the chapter first outlines the fascinating theological proposal offered by Bruce L. McCormack, and then surveys the major objections that have been lodged against it. It provides theological analysis of both the ontological claims made and the exegetical foundations upon which those claims rest.
The Communion of the Son with the Father
Authors: McCall Thomas H.
Published: April 2021

Chapter 5 proceeds by way of engagement with Keith Ward’s recent argument against any theology that would posit eternal love between the divine persons. What can we say about the relationship of the eternal Son to his Father? Is love shared between the divine persons? Or would that entail polytheism? The prayer of Jesus in John 17 would seem to be relevant to this question, and the interpretation of that prayer is central to this chapter. The chapter first clarifies some aspects of the recent debates over “Social Trinitarianism.” With this background in mind, it then turns to an analysis of Ward’s intriguing proposal, and offers a counter proposal that is grounded in an interpretation of Johannine theology.
Do We Still Need Regional Development Banks Today (and Tomorrow)?
Authors: Alonso José Antonio , Cuesta José
Published: April 2021

The need for regional development banks (RDB) is a straightforward question that does not have a straightforward answer. The authors assess the arguments claiming that RDB are called to play a substantive role—in fact an increasingly substantive role—in future development. They summarize these arguments in the following hypothesis: if RDB did not exist, we should re-invent them. This hypothesis is assessed against a critical developmental challenge affecting today’s world and most likely to remain in the future: the massive mobilization of resources required for financing of huge gaps in sustainable infrastructure investments that exist in the developing world. This exercise is followed by a discussion on what conditions need be in place for RDB to be truly playing a pivotal role in confronting such challenge—and perhaps others—in the future.
Proportionality
Authors: O'Meara Chris
Published: April 2021

Chapter 3 examines proportionality. As with Chapter 2, it employs primary and secondary sources of international law to provide a more coherent and granular realization of this requirement and how it operates in practice. In particular, it offers a nuanced analysis of the various factors and interests that inform the review of ‘how much’ force states may use in their defence and whether other states, international organizations, courts and scholars might view such action as excessive. Chapter 3 draws upon the laws of state responsibility to consider how a diversity of interests are affected by the exercise of self-defence. Applicable rules of international humanitarian law are also examined, including how they interact with the jus ad bellum on a regime level and might affect a review of jus ad bellum proportionality in specific instances.
What Might Explain Today’s Conflicting Narratives on Global Inequality?
Authors: Ravallion Martin
Published: April 2021

How unequal is the world today? Is global income inequality falling—or is it rising, as one often hears? The chapter reviews the arguments and evidence. A number of concerns about the underlying data are identified, with biases going in both directions. Conceptual issues further cloud the picture. The claim that global inequality has been falling since 1990 can be defended for a subset of the admissible parameter values, but only a subset. Global inequality is found to be rising if one or more of the following conditions holds: (i) one attaches a high ethical weight to the poorest; (ii) one has a strong ethical aversion to ‘high-end inequality’; (iii) one takes a nationalistic perspective, emphasizing relative deprivation within countries; or (iv) one sees inequality as absolute rather than relative. Popular debates on this topic would benefit from greater clarity on the concepts used, and greater awareness of data limitations.
Foundations and tools of business ethics
Authors: Lütge Christoph , Uhl Matthias
Published: April 2021

This chapter introduces the most important interdisciplinary foundations and tools of business ethics. First, the authors discuss the philosophical foundations and concepts. The most important normative ethical theories, the notion of a reflective equilibrium, and several tools for justifying norms under dissent are introduced. Second, economic and socio-scientific foundations and tools are discussed, scrutinizing different concepts of rationality and assessments of social conditions. The importance of dilemma structures lies at the core of this section. Third, the authors present psychological foundations and tools, introducing the behavioral approach to ethics, dual process theory, and Haidt’s social intuitionist model to moral judgment, with its emphasis on the limits of reason for moral judgment. Moreover, the relevance of bounded ethicality in individuals and organizations for business ethics is outlined.
Conditions for Alienation
Authors: Ruuska Toni
Published: April 2021

In the chapter it is argued that both capital accumulation and technological development need each other, but are also conditioned and defined by each other. In practice, this entails that technology and its development, in capitalism, are about endlessly producing and marketing new technologies involving a profit motive. In other words, in this organization, technology and its development do not have a purpose apart from the creation of monetary value. This modern-day assembly is framed in the chapter as a capital-technology alliance to highlight the intertwined relation of capital accumulation and technological development, and how they both produce conditions for alienation. This is because both of them contribute to a lack of control and freedom in personal and communal lives, albeit in somewhat different ways, and generate personal and communal detachment from fellow humans and from the rest of living nature.
Quantum statistical mechanics
Authors: Sethna James P.
Published: April 2021

Quantum statistical mechanics governs metals, semiconductors, and neutron stars. Statistical mechanics spawned Planck’s invention of the quantum, and explains Bose condensation, superfluids, and superconductors. This chapter briefly describes these systems using mixed states, or more formally density matrices, and introducing the properties of bosons and fermions. We discuss in unusual detail how useful descriptions of metals and superfluids can be derived by ignoring the seemingly important interactions between their constituent electrons and atoms. Exercises explore how gregarious bosons lead to superfluids and lasers, how unsociable fermions explain transitions between white dwarfs, neutron stars, and black holes, how one calculates materials properties in semiconductors, insulators, and metals, and how statistical mechanics can explain the collapse of the quantum wavefunction during measurement.
Re-Ordering the World from the Skies? The Emergence and Justification of Aerial Warfare
Authors: Hippler Thomas
Published: April 2021

Thomas Hippler’s contribution focuses on the justifications of aerial bombing in the context of the inception of air warfare in the early twentieth century, especially, but not exclusively, in the realm of strategic thinking. The main purpose of the chapter is to point out the conceptions of international order behind the different justifications of aerial warfare and air strikes, in particular with regard to the strategic choice to target civil populations, which was first implemented through the concept of colonial ‘police bombing’ before being employed in strategic bombing campaigns. Hippler’s short genealogy of aerial bombings and their justifications interestingly reminds one of the local practices of declaring war and peace by early modern conquistadores (Arnulf Becker Lorca’s chapter) and nineteenth-century imperial agents (Lauren Benton’s chapter): as Thomas Hippler argues, with aerial warfare a new form of governance emerged, which (not least in its justification) points to a disturbing link to democracy.
China’s Approach to the Use of Force: A Short Review of China’s Changing Attitudes towards the Justification of Humanitarian Intervention
Authors: Chi Manjiao
Published: April 2021

China’s position on the use of force is an important aspect of its foreign policy. China has engaged in a number of use-of-force events since the establishment of the PRC, but has not participated in any humanitarian intervention events. China strongly adheres to a restrictive understanding of the principles of the use of force in the UN Charter, and has been an opponent to humanitarian intervention in contrast to Western states (see Geis/Wagner and Jahn in this volume). In recent years, however, as suggested by its voting in the UN Security Council on a number of humanitarian intervention, China now offers conditional support to humanitarian intervention. Recently, China has proposed the notion of ‘building a community of a shared future for mankind’, which could imply a growing people-, community-, and governance-orientation in its foreign policy. Consequently, this could lead China to hold a more flexible attitude towards humanitarian intervention in the future.
How Many Deaths Can Article 2(4) UN Charter Die?
Authors: Marauhn Thilo
Published: April 2021

The starting point of this chapter is Thomas M. Franck’s famous 1970 essay ‘Who killed Article 2(4)?’. Thilo Marauhn takes Franck’s analysis in light of his 2003 critique ‘The United Nations After Iraq’ and discusses current trends in the justification of violence. Marauhn re-affirms Franck’s critical review of international practice in light of normative standards and warns against weakening the prohibition of the use of force. This prohibition should stand as a cornerstone of public international law, as an expression of the rule of law and in support of international law as a ‘gentle civilizer’ (Koskenniemi). Quite contrary to Chris Brown’s argument in the previous chapter (24), Thilo Marauhn emphasizes the central importance of the legal regime governing force: drawing upon developments from political practice as well as on legal debates, this chapter calls upon lawyers to live up to their responsibility and to defend the counter-factual dimension of the law.
Good Lives
Authors: Clark Samuel
Published: April 2021

Reasoning with autobiography is a way to self-knowledge. We can learn about ourselves, as human beings and as individuals, by reading, thinking through, and arguing about this distinctive kind of text. Reasoning with Edmund Gosse’s Father and Son is a way of learning about the nature of the good life and the roles that pleasure and self-expression can play in it. Reasoning with Siegfried Sassoon’s Memoirs is a way of learning about transformative experience, self-alienation, and therefore the nature of the self. Good Lives develops and defends this claim, by answering a series of questions. What is an autobiography? How can we learn about ourselves from reading one? On what subjects does autobiography teach? What should we learn about them? In particular, given that autobiographies are narratives, should we learn something about the importance of narrative in human life? Could our storytelling about our own lives make sense of them as wholes, unify them over time, or make them good for us? Could storytelling make the self? The overall aim of the book is a critique of narrative and a defence of a self-realization account of the self and its good. As it pursues that, the book investigates the wide range of extant accounts of the self and of the good life, and defends pluralist realism about self-knowledge by reading and reasoning with autobiographies of self-discovery, martial life, and solitude. It concludes: autobiography can be reasoning in pursuit of self-knowledge; each of us is an unchosen, initially opaque, seedlike self; our good is the development and expression of our latent capacities, which is our individual self-realization; self-narration plays much less role in our lives than some thinkers have supposed, and the development and expression of potential much more.
The Multilateral Principle-Based Approach to the Restructuring of German Debts in 1953
Authors: de la Villa Laura
Published: April 2021

This chapter revisits the 1953 London Debt Agreement on German Debts (LDA). The LDA stands out from the rest of dispute settlements of that time because the restructuring of Germany’s debt overhang in a unified and orderly operation orchestrated by creditors’ governments. To understand how negotiators managed to reconcile different interests, this chapter concentrates on the innovative procedures of debt dispute adjudication designed by Allied Powers. I show that creditor states enforced a multilateral ‘principle-based’ approach in their restructuration of German debt. The principles that guided and facilitated the outcome of the LDA were: 1) capacity to pay and 2) equality of treatment between creditors. I argue that those principles were not only the result of Allied governments’ political considerations prevailing after the Second World War but that private creditors were, in fact, an important contributing force in shaping the procedure and outcome of the LDA. To be sure, the negotiations between Germany and foreign creditors took place under Allied control and according to the principles settled by foreign powers. However, in the post–Second World War context, creditors’ expectations of repayment were rather low. Anxious not to lose everything, bondholders were ready to accept losses on their investments that other creditors in different historical contexts would have deemed unacceptable. As such, this chapter documents an important fact about the norm of repayment: far from being stable and inevitable, the debt continuity norm is inherently political and historically variable.
The Benefits of Reverse-Engineering
Authors: Queloz Matthieu
Published: April 2021

This chapter motivates attempts to reverse-engineer the points of ideas by bringing out the various benefits that conceptual reverse-engineering promises to deliver. After working through seven general benefits of reverse-engineering, it focuses on three benefits that genealogical reverse-engineering is particularly well suited to delivering. First, genealogy can offer us explanation without reduction, combining naturalism and pragmatism into a non-reductive framework that can help us understand what led our ideas to shed the traces of their practical origins. Second, it can affect the space of reasons, subverting or vindicating our ideas by weakening or strengthening our confidence in them. And third, it can facilitate responsible conceptual engineering by alerting us to the multiplicity of functions we need to take into account as we revise our conceptual practices. Finally, the chapter situates pragmatic genealogy in a broader methodological landscape and examines how it can inform and be informed by other methods.
The History of Modern Japanese Law
Authors: Oda Hiroshi
Published: April 2021

Japan built its modern legal system on the basis of the codes imported from Europe, namely Germany and France. After the Second World War, there was some influence of US law, e.g. the Constitution and the Code of Criminal Procedure. The new Constitution, which remained unchanged until today, has introduced significant changes in the political and social system of Japan. It was proclaimed that sovereignty rested with the people and not the emperor. The Diet elected by universal election became the supreme body of the state. Another major reform was triggered by the US-Japan Structural Impediments Talks in 1989–1990.
The Protection of Fundamental Human Rights
Authors: Oda Hiroshi
Published: April 2021

In contrast to the previous Constitution, which was modelled on the 1850 Prussian constitution, the current Constitution of 1946 was heavily influenced by the US Constitution. In general, the courts has been instrumental in developing human rights law via constitutional review, particularly since the 1970s there have been a sizeable number of cases where the court found a law to be unconstitutional. The latest case involved a provision of the Civil Code which found the differential treatment of legitimate and illegitimate children in inheritance to be against equal treatment.
Property Law
Authors: Oda Hiroshi
Published: April 2021

The Constitution protects property rights, but they are not ‘sacrosanct’. Property rights can be restricted on the ground of public welfare. Real security rights are covered in this part. Although real property rights are to be created by statutes only, in reality, there have been cases where property rights were created by case law on the basis of commercial practice. The Civil Code lists ten kinds of real rights. In addition to ownership, there are four types of real rights which allow a person to use another’s property: superficies, emphyteusis, servitude, and commonage. There are four types of real security rights: rights of retention, preferential rights, pledge, and hypothec.
Insolvency Law
Authors: Oda Hiroshi
Published: April 2021

The Law on Civil Rehabilitation was newly enacted. For international insolvency, another law was enacted reflecting the UNCITRAL Model Law.
International Relations
Authors: Oda Hiroshi
Published: April 2021

A new Law on the Prevention of Transfer of Proceeds from Criminal Acts was enacted in 2019. Money laundering, which used to be covered by another law, is also addressed in this law. Rules on conflicts of laws are accommodated in the Law on the Application of Laws of 2006.
World War One
Authors: Kox A. J. , Schatz H. F.
Published: April 2021

Chapter 9 contains a description of Lorentz’s role in the Dutch and international peace movement and his efforts to keep communication alive between the scientific communities of the two warring parties during World War One. It deals with the differences in the political opinions between scientists in Germany and in other parts of Europe, as well as various efforts, particularly on the part of Lorentz, to salvage international scientific cooperation.
Creating Cross-Sector Partnerships
Authors: Murthy Sudhir Rama , Colin-Jones Alastair
Published: April 2021

Chapter 9 examines the creation of cross-sector partnerships. These partnerships involve building unconventional relations between organizations that have traditionally not worked closely together, in particular between businesses and non-profit organizations. To achieve this, the different objectives and participating organizations need to be acknowledged and reflected in appropriate key performance indicators. Cross-sector partnerships go through several stages of development that move from philanthropy to transactions in the form of reciprocal exchanges between the partners, integration of the values and objectives of the partners, and transformation of these into values at the societal or community rather than the individual partner level. Completing the process of a full transformation of the partnership takes time and requires a sufficiently long-horizon on the part of the partner organizations.
Solvay Chemical
Authors: Ellis Justine Esta , Colin-Jones Alastair , Solvay Jean-Marie , Washer Michel
Published: April 2021

Solvay, a global chemical company headquartered in Belgium with revenues in 2017 of €10 billion is an example of a company that is seeking to adopt integrated reporting. It has developed a sustainable portfolio management tool to assist the company with reducing the environmental and social risks of its products and producing an integrated financial report. The tool maps the environmental footprint and costs and risks to society of all products, investments, research and innovation projects, and potential mergers and acquisitions. Solvay has enjoyed greater annual revenue growth rates in areas in which customers and consumers look to Solvay’s products to match their unmet social or environmental needs.
Divine Chocolate
Authors: Ellis Justine Esta , Colin-Jones Alastair , Hartzell Jamie
Published: April 2021

Divine Chocolate, a UK-based Fairtrade confectionary company has an innovative ownership model in which a Ghanaian farmer-owned co-operative supplies its cocoa and owns 44 per cent of the Divine Chocolate business. The co-operative shares in the profits of the business and has a say in the running of the company, including being represented on the board of Divine Chocolate. It thereby seeks to address the numerous challenges facing the chocolate industry of farmers’ income, low productivity, price instability, child labour, and deforestation, driving many people to leave cocoa farming. Divine Chocolate has had a significant impact on practices in the chocolate industry and expects this to increase as its business expands.
Mahindra First Choice
Authors: Jackson Ben , Joy Genevieve
Published: April 2021

Mahindra Firstchoice illustrates the process of ecosystem orchestration in the context of the second-hand car market in India. It describes how Mahindra Firstchoice mapped the ecosystem in relation to six key parties—consumers who were buyers, consumers who were sellers, car manufacturers, independent used-car dealers, independent car service workshops, and banks. It then identified the bottlenecks and ‘pain points’ that afflicted the six parties. The used-car market did not function properly because of lack of trust, information, and transparency and Mahindra Firstchoice worked with the parties to identify solutions to the market failures. These involved, amongst other things, the creation of third-party car inspection services, the establishment of a multi-brand car-dealer franchise, a warranty system, a bluebook of second-hand prices and transactions, and a car diagnosis and repair system.
Patentability and PHOSITA in the AI Era—A Japanese Perspective
Authors: Nakayama Ichiro
Published: April 2021

Although it may not be clear whether AI may generate the invention autonomously without human intervention, recent development of AI produces inventions of AI technologies such as machine learning (deep learning). Inventors also have begun to use AI as a tool to help them create inventions. These AI-assisted inventions raise the urgent and practical issues of patentability such as patentable subject matter (patent eligibility), disclosure requirements, and inventive step (non-obviousness). The Japanese Patent Office (JPO) updated the Examination Handbook to address some of the issues. For instance, they discussed to what extent inventors should disclose in patent applications because AI as a black box does not explain how the problems are solved. However, the JPO did not pay much attention to the possibilities that not only inventors but also a person having ordinary skills in the art (PHOSITA) might use AI and PHOSITA with the aid of AI could create the inventions more easily, thereby raising the level of inventive step. This chapter critically reviews the JPO’s updated Handbook and discusses whether and how we can take into account the use of AI by PHOSITA in examining inventive step.
Copyright Protection for Software 2.0?
Authors: Chen Hao-Yun
Published: April 2021

Traditionally, software programmers write a series of hard-coded rules to instruct a machine, step by step. However, with the ubiquity of neural networks, instead of giving specific instructions, programmers can write a skeleton of code to build a neural network structure, and then feed the machine with data sets, in order to have the machine write code by itself. Software containing the code written in this manner changes and evolves over time as new data sets are input and processed. This characteristic distinguishes it markedly from traditional software, and is partly the reason why it is referred to as ‘software 2.0’. Yet the vagueness of the scope of such software might make it ineligible for protection by copyright law. To properly understand and address this issue, this chapter will first review the current scope of computer program protection under copyright laws, and point out the potential inherent issues arising from the application of copyright law to software 2.0. After identifying related copyright law issues, this chapter will then examine the possible justification for protecting computer programs in the context of software 2.0, aiming to explore whether new exclusivity should be granted or not under copyright law, and if not, what alternatives are available to provide protection for the investment in the creation and maintenance of software 2.0.
Rethinking Software Protection
Authors: Slowinski Peter R
Published: April 2021

The core of artificial intelligence (AI) applications is software of one sort or another. But while available data and computing power are important for the recent quantum leap in AI, there would not be any AI without computer programs or software. Therefore, the rise in importance of AI forces us to take—once again—a closer look at software protection through intellectual property (IP) rights, but it also offers us a chance to rethink this protection, and while perhaps not undoing the mistakes of the past, at least to adapt the protection so as not to increase the dysfunctionality that we have come to see in this area of law in recent decades. To be able to establish the best possible way to protect—or not to protect—the software in AI applications, this chapter starts with a short technical description of what AI is, with readers referred to other chapters in this book for a deeper analysis. It continues by identifying those parts of AI applications that constitute software to which legal software protection regimes may be applicable, before outlining those protection regimes, namely copyright and patents. The core part of the chapter analyses potential issues regarding software protection with respect to AI using specific examples from the fields of evolutionary algorithms and of machine learning. Finally, the chapter draws some conclusions regarding the future development of IP regimes with respect to AI.
Sine finibus
Authors: Lindheim Sara H.
Published: April 2021

This chapter juxtaposes Ovid’s erotic and his exilic elegy. In Rome people could visit and examine Agrippa’s map; expansion and conquest sit hand in glove with powerful fantasies of imposing order, control, and hierarchy. In his early elegiac works Ovid contemplates feminine self-adornment. Luxury goods from foreign places flow to the capital, and the city’s female inhabitants seek out, then display on their bodies, the commodities of empire. Once the Ovidian women cloak themselves in the trappings of empire, however, they become one with their accoutrements. In the second part of the diptych, exilic Ovid, just like his adorned women before him, suffers in the face of absent fines. At the very margins of empire, in Tomis on the Black Sea, when he finds himself contemplating first-hand the permeable fines at the furthest edge of imperium, stable, fixed boundaries evaporate, and hybridization and melange take over. It becomes increasingly difficult to ascertain where imperium ends and the non-Roman world (not-yet-Roman world) begins. The Greeks, the Getans, the barbarians have already mixed together, and ultimately even the one Roman cannot sustain his Romanness.
Metabolomic Patterns of Septoria Canker Resistant and Susceptible Populus trichocarpa Genotypes 24 Hours Postinoculation
Authors: Lenz Ryan R. , Louie Katherine B. , Søndreli Kelsey L. , Galanie Stephanie S. , Chen Jin-Gui , Muchero Wellington , Bowen Benjamin P. , Northen Trent R. , LeBoldus Jared M.
Published: April 2021

Sphaerulina musiva is an economically and ecologically important fungal pathogen that causes Septoria stem canker and leaf spot disease of Populus species. To bridge the gap between genetic markers and structural barriers previously found to be linked to Septoria canker disease resistance in poplar, we used hydrophilic interaction liquid chromatography and tandem mass spectrometry to identify and quantify metabolites involved with signaling and cell wall remodeling. Fluctuations in signaling molecules, organic acids, amino acids, sterols, phenolics, and saccharides in resistant and susceptible P. trichocarpa inoculated with S. musiva were observed. The patterns of 222 metabolites in the resistant host implicate systemic acquired resistance (SAR), cell wall apposition, and lignin deposition as modes of resistance to this hemibiotrophic pathogen. This pattern is consistent with the expected response to the biotrophic phase of S. musiva colonization during the first 24 h postinoculation. The fungal pathogen metabolized key regulatory signals of SAR, other phenolics, and precursors of lignin biosynthesis that were depleted in the susceptible host. This is the first study to characterize metabolites associated with the response to initial colonization by S. musiva between resistant and susceptible hosts.
Diagnosis of venous thromboembolism using clinical pretest probability rules, D-dimer assays, and imaging techniques
Authors: Thanavaro Joanne
Published: April 2021

Venous thromboembolism is a significant clinical entity that includes two associated medical disorders: deep vein thrombosis and pulmonary embolism. The goal of this article is to describe the optimal approach to evaluating venous thromboembolism including pretest probability clinical decision rules and appropriate testing to ensure an accurate diagnosis.
Cancer Risk in Individuals With Major Birth Defects: Large Nordic Population Based Case-Control Study Among Children, Adolescents, and Adults
Authors: Daltveit Dagrun Slettebø , Klungsøyr Kari , Engeland Anders , Ekbom Anders , Gissler Mika , Glimelius Ingrid , Grotmol Tom , Madanat-Harjuoja Laura , Ording Anne Gulbech , Sæther Solbjørg Makalani Myrtveit , Sørensen Henrik Toft , Troisi Rebecca , Bjørge Tone
Published: April 2021

(Abstracted from BMJ 2020;371:m4060)

Birth defects are strong risk factors for childhood cancers. While past studies have identified associations between birth defects and cancer in children, few have looked at these associations into adulthood.
Lack of Displacement of the Fibula Is Not a Confirmation of Ankle Stability in Supination External Pattern Ankle Fractures
Authors: Shahien Amir A. , Tornetta Paul
Published: April 2021

Objectives:

To evaluate and compare radiographic findings in supination external (SE)2 injuries versus stress (+) SE4 injuries.

Design:

Retrospective.

Setting:

Academic Level 1 trauma center.

Patients:

The study included 350 skeletally mature patients at a single Level 1 trauma center who presented with an isolated, Lauge-Hansen type supination-external rotation pattern, Weber B lateral malleolar fracture, OTA/AO 44-B.

Results:

We reviewed 350 patients (185 men and 165 women), 18–95 years of age (avg 45), with isolated SE pattern lateral malleolar fractures. One hundred nine had SE4 injuries [medial clear space (MCS) = 8.3 mm]. Two hundred forty-one ankles were stressed; 164 were unstable and 77 were stable (SE2). Avg MCS at presentation and on stress radiographs was 3.59 mm for the SE2 (no widening) and 3.86 mm and 5.94 mm for the stress (+) SE4 group, respectively. The fibular displacement for the SE2, stress (+) SE4, and SE4 groups was 1.5 (0–4.5), 3.5 (0–6.6), and 4.1 (0–30.5), respectively. Sixteen of the 77 (20%) SE2 and 24 of the 164 (15%) stress (+) SE4 fractures had no displacement of the fibula on the lateral view. Similarly, 53 of the 77 (68%) SE2 and 91 of the 164 (55%) stress (+) SE4 had ≤2 mm of fibular displacement Fibular displacement of ≤2 mm on the lateral radiograph corresponded with 0.69 sensitivity and only 0.37 positive predictive value for stable ankle mortise on stress examination.

Conclusions:

Previous work indicated that patients with an isolated SE pattern fibula fracture, a normal MCS, and ≤2 mm of fibular displacement on the lateral radiograph have a high rate of ankle stability, with a positive predictive value of approximately 97%. We were unable to confirm this finding because 15% of unstable ankles had 0 mm and 55% had ≤2 mm of fibular displacement. We conclude that stability may not be inferred from a lack of fibular displacement on the lateral view in this population of patients. If stability is to be determined, it must be tested irrespective of fibular displacement on the lateral radiograph.

Level of Evidence:

Diagnostic Level III. See Instructions for Authors for a complete description of levels of evidence.