bluuebunny/crossref_metadata_2025 huggingface dataset:
Impure Perfect Being Theology
Authors: Speaks Jeff
Published: October 2018

Some perfect being theologians claim to derive the attributes from the principle that God is the greatest possible being, but in fact tacitly assume some stronger principle. Two versions of this strategy begin with the claim that God has the greatest possible array of intrinsic goods and the claim that God is, for some kind K, the greatest-for-a-K being that one can be. Both approaches are initially promising. However, on closer examination both approaches are found either to be uninformative or collapse into one of the versions of pure perfect being theology already criticized in chapters 2–3.
A Theory of Redistribution in New Democracies
Authors: Karakoç Ekrem
Published: October 2018

This chapter starts with the question of why new democracies have such difficulty generating income equality. It argues that low voter turnout and weak party system institutionalization motivate governments to increase targeted spending toward the nonpoor. The governments, mostly coalitions, are motivated through their social policies to appeal to likely voters, both the loyal and potential electorate. If parties can increase turnout by mobilizing the poor, this will reduce their need to use targeted social policies toward likely voters for electoral purposes. Targeted social spending causes income equality to go up by rewarding privileged social groups to the detriment of the disadvantaged. This chapter will also explain all concepts in greater detail and present empirical evidence on voter turnout by the poor. It thus demonstrates the link between organized interest groups and political parties, and the formulation of social policies and their impact on inequality, in the context of new democracies.
Divergent Paths of Inequality in Turkey and Spain
Authors: Karakoç Ekrem
Published: October 2018

Using most similar design and process-tracing methodology, this chapter investigates the divergent outcomes in income inequality in Turkey and Spain. Even though social-security systems in both countries have been hierarchical, benefiting civil servants, the security apparatus, and workers in key sectors and others in formal sectors at the expense of the rest, they have adopted different social policies over time. This chapter discusses how Turkish governments, with a focus on 1983 to the present time, have designed contributory and noncontributory pensions, healthcare, and other social programs that have affected household income differently. In democratic Spain, however, pension-related policies and unemployment benefits have been dominant forms of social policy, but the Spanish party system has not created major incentives for political parties to utilize these policies in electoral campaigns until recently. This chapter ends with a discussion of how social policies in Turkey and Spain have affected inequality since the two nations transitioned to democracy.
Appearance without Reduction
Authors: Lacoste Jean-Yves , O’Donovan Oliver
Published: October 2018

Husserl understood “reduction” as the method with which scientific philosophy achieved a more exact description of things by bracketing out the question of their real existence. To this the chapter replies that even in the “natural attitude” there is reduction; perception is always concerned with the essence of phenomena, not with their existence. Yet there are some phenomena that are not susceptible of description by reduction, since agnosticism about their existence would falsify the appearance. Other people appear irreducibly, and so does speech itself. If we are to claim that God appears, we must assert that his appearance, too, is irreducible.
Resurrectio Carnis
Authors: Lacoste Jean-Yves , O’Donovan Oliver
Published: October 2018

Considering the distinction between discursive, acquired knowledge and intuitive knowledge raises the question of how theology as a learned discipline relates to the spiritual life. The two kinds of knowledge cannot exist apart in history, but may be in unhappy tension. Eschatology can have no place for discursive knowledge, while history may be conceived as veiling of intuitive knowledge behind discursive knowledge. The goal of theology, then, is to introduce the believer into intuitive knowledge of God. “Indirect” communication allows it to speak of God without reductively “objectifying” him. The experience of worship combines the two kinds of knowledge. It involves words, and the words aim at truth. But its function is to allow the truth not merely to be understood but to be felt in its splendour.
Low Returns and Optimal Retirement Savings
Authors: Blanchett David , Finke Michael , Pfau Wade
Published: October 2018

Lifetime financial outcomes relate closely to the sequence of investment returns earned over the life cycle. Higher return assumptions allow individuals to save at a lower rate, withdraw at a higher rate, retire with a lower wealth accumulation, and enjoy a higher standard of living. While analysis of this topic is often based on historical investment performance, present bond yields are historically low and equity prices are quite high, suggesting that individuals will likely experience lower returns in the future. This implies the need for higher savings rates, lower withdrawal rates, a larger nest egg at retirement, and a lower lifetime standard of living. We show that lower-income workers will need to save about 50 percent more if low rates of return persist in the future, and higher-income workers will need to save nearly twice as much in a low return environment compared to the optimal savings using historical returns.
How Persistent Low Expected Returns Alter Optimal Life Cycle Saving, Investment, and Retirement Behavior
Authors: Horneff Vanya , Maurer Raimond , Mitchell Olivia S.
Published: October 2018

This chapter explores how an environment of persistent low returns influences saving, investing, and retirement behaviors, compared to what in the past had been conceived of as ‘normal’ financial conditions. Using a calibrated life cycle dynamic model with realistic tax, minimum distribution, and social security benefit rules, we can mimic the large peak at the earliest claiming age at 62 that is seen in the data. Also in line with the evidence, our baseline results show a smaller second peak at the (system-defined) Full Retirement Age of 66. In the context of a zero-return environment, we show that workers will optimally devote more of their savings to non-retirement accounts and less to 401(k) accounts, since the relative appeal of investing in taxable versus tax-qualified retirement accounts is lower in a low return setting. Finally, we show that people claim social security benefits later in a low interest rate environment.
Global Developments in Employee Benefits
Authors: Garabato Natalia , Gardner Jonathan , Nyce Steve
Published: October 2018

While defined contribution plans are now the norm, many workers and retirees are insufficiently engaged with these plans during both the accumulation and decumulation phases. Indeed, given low growth, it is unclear whether stagnating incomes and increasingly diverse workforces will produce retirement and health plans that will meet employees’ financial needs. Instead employers are increasingly expressing interest in moving to a next generation of benefits, one characterized by greater flexibility and choice, to encompass a broader range of employee needs. This chapter discusses the emerging trends within occupational benefits, the forces that are driving these changes, and the challenges they pose.
In Defense of Perceptual Content
Authors: Schellenberg Susanna
Published: October 2018

Chapter 5 takes a step back and traces the way in which excessive demands on the notion of perceptual content invite an austere relationalist account of perception. It argues that any account that acknowledges the role of discriminatory, selective capacities in perception must acknowledge that perceptual states have representational content. The chapter shows that on a relational understanding of perceptual content, the fundamental insights of austere relationalism do not compete with representationalism. Most objections to the thesis that perceptual experience has representational content apply only to austere representationalist accounts, that is, accounts on which perceptual relations to the environment play no explanatory role. By arguing that perceptual relations and perceptual content are mutually dependent the chapter shows how Fregean particularism can avoid the pitfalls of both austere representationalism and austere relationalism. With relationalists, Fregean particularism argues that perception is constitutively relational, but with representationalists it argues that it is constitutively representational.
Crime as Prime
Authors: Holton Richard
Published: October 2018

This paper develops an account of core criminal terms like ‘murder’ that parallels Williamson’s account of knowledge. It is argued that while murder requires that the murderer killed, and that they did so with a certain state of mind, murder cannot be regarded as the conjunction of these two elements (the action, the actus reus, and the associated mental element, the mens rea). Rather, murder should be seen as a primitive notion, which entails each of them. This explains some of the problems around criminal attempt. Attempted murder cannot be seen simply as involving the state of mind of murder minus success; rather, it has to be seen as a self-standing offence, that of attempting to commit the murder.
Deeds and Doctrines of the Central Bankers
Authors: Francisco Louçã , Michael Ash
Published: October 2018

Chapter 6 locates historically the doctrine and practice of central bank independence. It uses the illustrious career of Alan Greenspan, former Chair of the US Federal Reserve to introduce a history of central banking. Greenspan advocated ceaselessly for the deregulation of finance thanks to his faith in private decision makers keeping an eye on themselves and their debtors. That faith that was shattered by the crisis of 2007–8. A history of US banking shows how banking has swung between hard money and soft money. Finance serves the powerful but has always been contested ground, be it between competing elites such as agrarian and financial-industrial interests fighting over the first central banks of the United States, or between an elite and the dispossessed after the Great Crash of 1929. Brief histories of banking in several European countries are provided.
A Long Stagnation, or Capitalism without Growth
Authors: Francisco Louçã , Michael Ash
Published: October 2018

Chapter 11 assesses the growth prospects of the world economy. The history of global economic doomsaying is traced briefly, a frequently reasonable position that has not done well with the facts for the past hundred years. Capitalism has been adept at escaping from the pit and pendulum. A set of global imbalances is then reviewed that are seen as posing a severe threat to global economic stability and certainly to the prospects for sustainable and equitable growth. The Great Recession following the Crash of 2007–8 might be “different this time.” Historical and contemporary fears of “secular stagnation” are discussed but the speculative nature of stagnationist assessments is acknowledged.
China, A New Global Player
Authors: Francisco Louçã , Michael Ash
Published: October 2018

Chapter 12 provides a look at China, which has not been included in our analysis of largely developed economies. Chinese growth has been extraordinary with stunning effects, largely improvements, although pollution has worsened for a substantial share of the world's lower-income population. The Chinese model may well be unique, a complicated mix of socialist structures, state ownership of some large enterprises and much of finance, dirigiste state-led and state-financed development of the private sector, and some outright privatization at both the small and grand scale. But China faces the challenge of financialization that has some commonalities with financialization in the rest of the world yet with some uniquely Chinese features. There have been some precursors of financial trouble and ambiguity about the state as the final guarantor of private debt. Some of the key players and episodes as Chinese capitalism enters its financialized stage are profiled.
Introduction
Authors: Eikelboom Lexi
Published: October 2018

Imagine that I have recently moved to a new job in a new town and you ask me how I am settling in. If I were to tell you that I was getting into a rhythm, or, more likely, that I still needed to get into a rhythm but had not yet done so, you would probably know what I meant. Yet, if we stop to consider it, we find that what we mean when we refer to rhythm in this way is not at all clear. In this case, “getting into a rhythm” does not refer to an obviously rhythmic type of behavior like dancing. It does not refer to a given rhythm like that of a nursery rhyme or a piece of music with which I must synch up my behavior. Rather, I would be communicating something much more general, a way of approaching life that integrates routine and variation for maximum health, happiness, and productivity. But why do we express this idea through the concept of rhythm? And how do we all understand this idea even though we are only referring to something vaguely analogous to rhythmic entities like dances and nursery rhymes? What is this mysterious rhythm to which we supposedly have a relationship? And why is it so important to us?...
Diachronicity
Authors: Eikelboom Lexi
Published: October 2018

This chapter examines an alternative approach to rhythm within continental philosophy, represented by Giorgio Agamben and Julia Kristeva. These thinkers are interested in the role of rhythm in the creation of a non-traditional subjectivity, rather than in reality as a whole. As a result, they view rhythm from within, in relation to the socially-constructed systems that govern everyday life. These concerns enable a more diachronic perspective on rhythm as a feature of human experience, and, moreover, as an interruptive feature to be leveraged in challenging human conceptions and structures. As in the previous chapter, the current chapter then turns to consider both critical theological responses by adherents to Radical Orthodoxy and similarities between Agamben and Kristeva and theologians Erich Przywara and Jean-Luc Marion. These resonances demonstrate the theological significance of Agamben’s approach, in particular, as the openness to interruptive encounter required for creatureliness.
Synchronicity II
Authors: Eikelboom Lexi
Published: October 2018

In contrast to the previous two chapters, which theologically engage rhythm in continental philosophy, this chapter examines Augustine’s explicitly theological approach to rhythm and its various receptions. The chapter uses Przywara’s scheme of intra-creaturely and theological analogies to frame Augustine’s treatment of rhythm in chapter six of De Musica. While Agamben represents an intra-creaturely perspective, Augustine represents a theological perspective. The degree to which this synchronic, theological view, which envisions rhythm as that which binds metaphysical layers of reality together allowing for communication between them, is problematic depends on the degree to which it is uncoupled from an intra-creaturely perspective like that of Agamben. Proponents of Radical Orthodoxy who propose an Augustinian musical ontology represent such an uncoupling, leading to a total order that betrays creatureliness. Erich Przywara’s interpretation, in contrast, retains the tension in Augustine between both the theological perspective on reality as harmonious and the intra-creaturely experience of interruption.
Lying and Perjury in Medieval Practical Thought
Authors: Corran Emily
Published: October 2018

Thought about lying and perjury became increasingly practical from the end of the twelfth century in Western Europe. At this time, a distinctive way of thinking about deception and false oaths appeared, which dealt with moral dilemmas and the application of moral rules in exceptional cases. It first emerged in the schools of Paris and Bologna, most notably in the Summa de Sacramentis et Animae Consiliis of Peter the Chanter. The tradition continued in pastoral writings of the thirteenth century, the practical moral questions addressed by theologians in universities in the second half of the thirteenth century, and in the Summae de Casibus Conscientiae of the late Middle Ages. This book argues that medieval practical ethics of this sort can usefully be described as casuistry—a term for the discipline of moral theology that became famous during the Counter-Reformation. This can be seen in the medieval origins of the concept of equivocation, an idea that was explored in medieval literature with varying degrees of moral ambiguity. From the turn of the thirteenth century, the concept was adopted by canon lawyers and theologians, as a means of exploring questions about exceptional situations in ethics. It has been assumed in the past that equivocation and the casuistry of lying was an academic discourse invented in the sixteenth century in order to evade moral obligations. This study reveals that casuistry in the Middle Ages was developed in ecclesiastical thought as part of an effort to explain how to follow moral rules in ambiguous and perplexing cases.
Some Comments on Later Casuistry and ‘Jesuitical’ Equivocation
Authors: Corran Emily
Published: October 2018

This chapter discusses early modern controversies about equivocation and mental reservation in the light of medieval intellectual history. Sixteenth-century polemics on equivocation are best explained in terms of the social and intellectual developments of that period, rather than anything inherent to the medieval discussion. The Reformation, the wars of religion in the sixteenth century, the persecution of religious minorities created an urgent new need for casuistry among Catholics who found themselves endangered. In addition the Second Scholasticism sought to make pastoral teaching relevant to political leaders of their period. Nevertheless, the combination of a stable framework of casuistical questions and changing content of moral theology that emerged in the later Middle Ages is crucial for understanding its subsequent history. The framework of ideas that were established during the medieval period was a crucial limiting factor to the later quarrels about justified equivocation.
Conclusion
Authors: Corran Emily
Published: October 2018

The casuistry of lying and perjury was a distinct mode of thinking, which contrasted with the more habitual medieval ideas about deception. Discussion of moral dilemmas on this subject was not confined to clerical writings, but Latin casuistry emerged at the end of the twelfth century within the context of increased lay confession and the spread of pastoral education. Study of the medieval tradition challenges some early modern assumptions about casuistry: it was not a method of ethics that was developed in order to shirk moral imperatives, but an academic discipline devoted to applying the rules in ambiguous cases. As such casuistry was an unusually practical and empirical part of medieval thought. The final section sets out directions for further research into medieval casuistry.
Electrical Properties of Materials
Authors: Solymar L. , Walsh D. , Syms R. R. A.
Published: October 2018

A classic text in the field providing a readable and accessible guide for students of electrical and electronic engineering. Fundamentals of electric properties of materials are illustrated and put into context with contemporary applications in engineering. Mathematical content is kept to a minimum allowing the reader to focus on the subject. The starting point is the behaviour of the electron, which is explored both in the classical and in the quantum-mechanical context. Then comes the study of bonds, the free electron model, band structure, and the theory of semiconductors, followed by a chapter on semiconductor devices. Further chapters are concerned with the fundamentals of dielectrics, magnetic materials, lasers, optoelectronics, and superconductivity. The last chapter is on metamaterials, which has been a quite popular subject in the past decade. The book includes problems, the worked solutions are available in a separate publication: Solutions manual for electrical properties of materials. There is an appendix giving a list of Nobel Prize winners whose work was crucial for describing the electric properties of materials, and there are further appendices giving descriptions of phenomena which did not fit easily within the main text. In particular there is a quite detailed appendix that summarizes the properties of memory elements. The book is ideal for undergraduates, and is also an invaluable reference for graduate students and others wishing to explore this rapidly changing field.
Dielectric materials
Authors: Solymar L. , Walsh D. , Syms R. R. A.
Published: October 2018

The macroscopic and microscopic approaches to determining polarization are explained. The types of polarization, frequency response, and anomalous dispersion are discussed. The Debye equation for orientational polarization is derived. The concept of effective field is introduced. The dispersion equations for acoustic waves and for optical phonons are derived. The properties of piezoelectricity, pyroelectricity, and ferroelectricity are discussed. The attenuation of optical fibres, the operation of a photocopier, and the ability of liquid crystals to rotate polarization are also discussed.
Optoelectronics
Authors: Solymar L. , Walsh D. , Syms R. R. A.
Published: October 2018

The properties of light detectors and light emitting diodes (LEDs) are discussed. Electro-optic, photorefractive, and nonlinear materials are introduced. The phenomenon of phase conjugation is explained. Interaction between acoustic and light waves is shown to be possible. The significance of integrated optics is discussed. Bistability due to the action of nonlinear Fabry–Perot cavities is explained. Optical switching is shown to be an application of micro-electro-mechanical effects. The complicated phenomenon electro-absorption in quantum well structures and its applications are discussed.
Tradition
Authors: O’Collins, SJ Gerald
Published: October 2018

This book opens by establishing the substantial convergence in reflection on Christian tradition proposed by a 1963 report of the Faith and Order Commission (of the World Council of Churches) and the teaching of Vatican II (1962–5). Despite this ecumenical consensus, in recent years few theologians have written about tradition, and none has looked to the social sciences for insights into the nature and functions of tradition. Drawing above all on sociologists, this work shows the difference that tradition makes in human and religious life. In the light of the divine self-revelation that climaxed with Jesus Christ, the central characteristics of tradition are set out: in particular, its relationship to and distinction from culture. The risen Christ himself is the central Tradition (upper case) at the heart of Christian life. All the baptized faithful, and not merely their ordained leaders, play a role in transmitting tradition. The ‘sense of the faithful’ amounts to a ‘sense of the tradition’. The essential, if invisible, agent of tradition remains always the Holy Spirit. Scripture and tradition function in mutual dependence, as shown by the emergence of the creeds, the image of Christ as the New Adam, and the doctrine of justification (on which a 1999 joint declaration shows substantial agreement now reached by Lutherans, Roman Catholics, and others). The full context of Christian life and history focuses the relationship between Scripture and tradition. The book deals with the challenge of discerning and reforming particular traditions. A closing appendix shows how modern studies of memory—above all, collective memory—can illuminate ways in which tradition works to maintain Christian identity and continuity.
Revelation, Tradition, and Culture
Authors: O’Collins, SJ Gerald
Published: October 2018

Tradition as process and as object needs to be understood in the light of divine revelation and the inspired Scripture. Primarily interpersonal or relational and secondarily propositional or cognitive, revelation involves a past fullness in Christ, a present experience, and a future, definitive consummation. As process, tradition is pre-given and always part of us, collective, richly polymorphous, sacramentally communicated through words and actions, often in tension with present experience, open to change or reform, and ending only with the close of human history. At the heart of innumerable traditions (plural and in lower case) is the Tradition (singular and in upper case), the risen Christ made present through the Holy Spirit, not an object we possess but a reality by which we are possessed. While they frequently overlap, ‘culture’ differs from tradition by not being so clearly an ‘action word’.
Transmission of Tradition, the Sensus Fidelium, and the Holy Spirit
Authors: O’Collins, SJ Gerald
Published: October 2018

The presence of the risen Christ is actualized by innumerable traditions. This chapter begins by setting out twelve traditions or groups of traditions that embody or at least allude to the Christus praesens: for instance, baptism, the creeds, the Eucharist, Christian marriage, sacred music, church architecture, and such items as the use of palm branches, incense, holy water, candles, icons and other works of religious art, and, not least, glorious copies of the Book of the Gospels like the Book of Kells. The transmitters of Christian tradition include not only bishops and councils but also innumerable individuals and groups who have handed on the treasures of faith: for instance, writers, artists, and saints, not least the thirty-six doctors of the Church. The Holy Spirit is the primary bearer of tradition, and underpins the ‘sense of the faithful’, the instinctive insight of the baptized into their inherited faith.
Achievements and Conclusions
Authors: O’Collins, SJ Gerald
Published: October 2018

This book has demonstrated the absence of studies of theological tradition that might have built on the substantial agreement about tradition, which has come to exist between the Christian churches. It has shown the considerable help offered by sociologists to theologians who want to explore the nature and function of tradition. Any theology of tradition should attend to the vast variety of Christian traditions. While Scripture enjoys an essential place in evaluating traditions, Christians who discern traditions should be open to wider criteria, including those supplied by the secular world. At the heart of all particular traditions is the risen Christ, the Tradition (singular and in upper case) made present by the Holy Spirit, the Christus praesens who is not a reality which Christians possess but the person by whom they are possessed.
Against Constitutional Pluralism
Authors: Baquero Cruz Julio
Published: October 2018

This chapter focuses on the concept of ‘constitutional pluralism’. If integration can be seen as a complex process in which institutions, powers, interests, norms, principles, and values are in constant interaction, an essential element on which to test its state of health is the principle of primacy, the partial resistance to it by some national constitutional actors, and the sophisticated attempt to transcend this tension through the theory of constitutional pluralism. Together with direct effect, primacy embodies the force of Union law with regard to state law, redefining legal boundaries in Europe. Indeed, what is at stake in primacy is the very existence of the law of integration as an autonomous system—an existence that cannot be without consequences for the constitutional orders of the Member States. Resisting the allure of pluralism, the chapter argues that the approach of Union law to its relationship with national law is preferable to the other approaches.
Indonesian Laws and Lawmaking
Authors: Butt Simon , Lindsey Tim
Published: October 2018

This chapter focuses on the various types of laws that Indonesian institutions can make, the processes for their issuance, and the bodies that issue them. Most of these laws, including national statutes, emergency laws, and government, presidential, and regional regulations, appear on Indonesia’s ‘hierarchy of laws’, which ranks them by their relative authority. This chapter highlights significant problems in the operation of the hierarchy, deriving primarily from: unclear delineation of the relative jurisdictions of Indonesia’s multiple lawmakers; the use of laws that do not appear on the hierarchy; and the lack of effective mechanisms to resolve conflicts between laws and jurisdictional disputes between the bodies that make them. These problems are the root cause of much of Indonesia’s legal dysfunction, identified in other chapters of this book.
Human Rights Law
Authors: Butt Simon , Lindsey Tim
Published: October 2018

This chapter focuses on legal protections for human rights in Indonesia, many of which developed after the fall of Soeharto in response to abuses committed during his rule. It begins with an account of international human rights instruments ratified in Indonesia, before providing an overview of domestic Indonesian regulation, and national human rights commissions: Komnas HAM, the Child Protection Commission, and the National Commission on Violence Against Women (KOMNAS Perempuan). It also deals with the largely ineffectual permanent and ad hoc human rights courts and the now-defunct Truth and Reconciliation Commission. The chapter concludes with case studies of legal responses to controversial cases of human rights abuse, including East Timor, Tanjung Priok, Trisakti, and the two Semanggi incidents.
The Duty to Rescue in Contract Law
Authors: Eisenberg Melvin A.
Published: October 2018

Chapter 9 concerns contexts in which two parties, A and B, have either entered into a contract or taken significant steps to form a contractual relationship, and B is at risk of incurring an unbargained-for loss that A could prevent by taking an action that would not require her to forgo a bargaining advantage, undertake a significant risk, or incur some other material cost. In the contexts described in this chapter A is under a moral and legal duty to take action—a duty referred to in this book as the duty to rescue in contract law. Among the contexts in which the duty is imposed are silence as acceptance, late acceptance, and performance.
Formulas for Measuring Expectation Damages for Breach of a Contract for the Sale of Goods
Authors: Eisenberg Melvin A.
Published: October 2018

Chapter 14 concerns formulas for measuring expectation damages for breach of a contract for the sale of goods. If the buyer breaches one of three formulas may be used to measure the seller’s damages. If the seller resells the goods she should normally be entitled to the difference between the resale price and the contract price. If the seller does not resell the goods she should normally be entitled to recover the difference between the market price of the goods and the contract price. A third formula is based on the seller’s lost profit, measured by the difference between the seller’s variable costs of performance and the contract price. If the seller breaches one of three formulas may also be applied. If the goods are defective the buyer can recover damages for the defect. If the seller fails to deliver the goods the buyer can either cover and sue for cover damages or not cover and sue for market-prices damages. A buyer cannot sue for lost profits as direct or general damages, but can sue for lost profits if it was reasonably foreseeable when the contract was made that if the seller failed to deliver the goods the buyer would incur the lost profits.
Damages for a Purchaser’s Breach of a Contract for the Provision of an Off-the-Shelf Commodity
Authors: Eisenberg Melvin A.
Published: October 2018

Chapter 16 concerns breach of contracts for the purchase of a commodity in cases where the commodity is standardized, the purchaser is a consumer, the provider is a firm, the provider’s variable costs of performance are close to zero, the breach does not cause the provider to incur either out-of-pocket or opportunity costs, and the purchaser breaches at the outset and derives little or no benefit from the contract. Such contracts are referred to in this book as contracts for the purchase of an off-the-shelf commodity. The expectation measure should not govern damages in categories of cases in which it is likely that the parties would not have agreed to that measure to determine damages. Bargaining parties probably would not agree to expectation damages for a purchaser’s breach of a contract for the purchase of an off-the-shelf commodity.
The Certainty Principle
Authors: Eisenberg Melvin A.
Published: October 2018

Chapter 18 concerns the principle of contract law that damages must be proved with reasonable certainty. In practice this principle is usually applied to cut off profits that a promisee claims he would have made if the promisor had performed. Under classical contract law the degree of certainty required to prove lost profits was typically set at a high level and the use of probability-based analysis was explicitly or implicitly rejected. This approach is often referred to as the all-or-nothing rule. It is dramatically out of touch with the reality of probability and has begun to be less widely followed.
Expression Rules
Authors: Eisenberg Melvin A.
Published: October 2018

Many types of expressions that are employed in a contractual context are addressed by one party to another, rather than jointly agreed upon. Such expressions are most notably found in the offer-and-acceptance area. Examples include offers, counteroffers, acceptances, rejections, and revocations. Often the meaning of such an expression is determined under a special rule of interpretation that is applicable to a given type of expression, rather than under the general principles of interpretation. In this book such rules are referred to as expression rules. The use of expression rules is in need of justification. If the general principles of interpretation are unsound they should be revised. If those principles are sound, however, then they reflect a considered judgment concerning the manner in which to best interpret contractual expressions, and an expression rule that displaces those principles needs a strong justification.
Form Contracts
Authors: Eisenberg Melvin A.
Published: October 2018

Chapter 37 concerns form contracts. That term refers to a writing that is in the form of a contract (hence the name), some of whose terms were negotiated or at least discussed by the parties, but most of whose terms were prepared by one party without any negotiation, discussion, or even knowledge by the other party. Form contracts consist of two elements. The first element is a real contract and is comprised of terms that were negotiated, or at least discussed and agreed upon, by the parties prior to the contract’s finalization. The second element consists of terms attached to the real contract that were prepared by the form-giver prior to the transaction between the parties, without negotiation, discussion, or knowledge by the form-taker. Such terms are referred to as boilerplate. This chapter considers whether boilerplate should be enforceable.
Mistranscriptions
Authors: Eisenberg Melvin A.
Published: October 2018

Chapter 42 concerns mistranscriptions. In a mistranscription case A and B enter into an oral contract and agree that A will transcribe the agreement into writing. Due to A’s negligence the writing mistranscribes the parties’ contract. Both parties then sign the writing, mistakenly believing that it accurately reflects the contract. Mistranscriptions are a special case of mechanical errors: A intends the writing to incorporate the contract, but by virtue of a mechanical error it does not. Mistranscription cases are fairly easy to deal with. The principle that should govern mistranscriptions is the same as the principle that should govern other mechanical errors—a mistranscription should provide a basis for relief to the adversely affected party—specifically, reformation of the writing to make it conform to the oral contract.
The Principle of Anticipatory Repudiation
Authors: Eisenberg Melvin A.
Published: October 2018

Chapter 48 concerns anticipatory repudiation, that is, repudiation of a contract by a promisor before she is required to perform. An anticipatory repudiation may consist of either an expression by the promisor that she intends not to perform all or a significant part of her duties under the contract, or conduct by the promisor that leads to her inability or apparent inability to perform all or a significant part of her duties under the contract. Many courts have held that an expression will constitute an anticipatory repudiation only if the expression is an unequivocal repudiation of the contract. This strict test is an unjustified departure from the general principles of interpretation, should not be followed, and is not followed by all courts.
Express Conditions
Authors: Eisenberg Melvin A.
Published: October 2018

Chapter 53 concerns express conditions. The term express condition refers to an explicit contractual provision under which either: (1) A party to a contract does not come under a duty to perform unless and until a designated state of affairs occurs or fails to occur, or (2) If a designated state of affairs occurs or fails to occur a party’s duty to perform a contract is suspended or terminated. The normal sanction for breach of a promise is damages. In contrast, the normal sanction for nonfulfillment of an express condition is suspension or termination of the contract by the party in whose favor the condition runs. If a promise is substantially performed, then even though the promise is not perfectly performed the promisor normally can sue for expectation damages, with an offset for damages resulting from the breach. In contrast, if an express condition is not perfectly fulfilled then even though the condition is substantially fulfilled the traditional rule is that the party in whose favor the condition runs has the right to terminate the contract.
Terror, Race, Security
Authors: Egorova Yulia
Published: October 2018

The chapter engages with the two main themes of the book by focusing on the way in India the relationship between Jews and Muslims and imageries of Jewish and Muslim communities became affected by the Mumbai attacks and the general post 9/11 rhetoric of the “war on terror.” The chapter shows that these events and the securitization discourses that emerged in their aftermath created new challenges for local Jewish and Muslims groups, but it also complicates accounts that reduce Jewish-Muslim relations to problems of security. The ethnographic examples presented in this chapter suggest that concerns about the perceived Muslim threat that some of the Jewish respondents exhibited in relation to Indian Muslims ultimately had very little to do with Islam and were embedded in the wider problematics of security issues facing Jewish communities around the world, the politics of Jewish identity arbitration in the State of Israel, and even the reality of caste discrimination in India.
Hearing Timbre
Authors: Fales Cornelia
Published: October 2018

This chapter explores the concept of implicit perceptual learning through the lens of timbre sensitivity in San Francisco electronic dance music (EDM) listeners in the 1990s. Cross-fertilizing theories of timbre perception with Web ethnography, the chapter argues that members of this subculture created a shared lexicon with which to describe timbral changes in EDM music. Through this discourse, listeners slowly learned to hear their own music in a new way through a process of perceptual learning. The chapter explores the valorization of “nonspecificity” in the EDM community, claiming that timbre played a crucial role in the development of an aesthetic that eschewed conventional musical signification.
The Sound of Evil
Authors: Wallmark Zachary
Published: October 2018

This chapter investigates the “brutal” timbral soundscape of death metal music. Through a discussion of electric guitar tone and vocal techniques, the chapter’s author contends that death metal musicians knowingly manipulate their listeners’ biological responses within a symbolically mediated context, pitting “noise” against “music” in a ritualized dialectic. Theorizing about the role of distortion in the affective vocabulary of the style, particularly with its simulation of bodily pain, the chapter invokes René Girard’s theory of sacrificial violence to conclude that timbre performs potent cultural work in the ritual space of the death metal concert. Sociological and psychological aspects of “extreme” timbres are discussed in conclusion.
Timbre and Legal Likeness
Authors: Samples Mark C.
Published: October 2018

In 1988, singer-songwriter Tom Waits sued Frito-Lay for using an impersonation of his voice in a Doritos commercial, an act that flagrantly contradicted his anticommercial persona as an artist. The company had appropriated not just his voice but his artistic identity, and the court ruled in favor of Waits. Drawing on recent brand theory, this chapter claims that in spite of the flexibility of Waits’s vocal timbre, his distinctive, gravelly voice—possibly a voluntary affectation, the result of laryngeal damage, or a combination of both—is universally identifiable and associated with his brand persona as a musician. This is evidenced by numerous interviews, fan forums, and musical analysis of recorded works. The Waits v. Frito-Lay, Inc. case set a precedent for the legal protection of distinctive vocal timbres against unauthorized use for commercial purposes.
The Death Rattle of a Laughing Hyena
Authors: Zak Albin J.
Published: October 2018

In 1958, record producer Mitch Miller vehemently criticized the state of Top 40 radio. He argued that DJs were pandering excessively to the tastes of teenagers and playing low-quality popular music. This criticism was aimed largely at rock and roll records produced by the low-budget, independent recording firms with whom he now found himself in competition. This chapter traces the development of the major-labels’ novel pop music production practices in the 1950s, specifically the use of overdubbing, unconventional arrangements, added reverb, and Foley effects. These techniques are compared with indie-label recording, which captured more populist genres with less expensive postproduction capabilities. Finally, the chapter traces the aesthetics of DIY (do-it-yourself) records made by amateur musicians-turned-radio-stars, and concludes with a discussion of the lasting effects of these 1950s pop music crosscurrents.
Interaction between the Northern Coalsack in the Cygnus OB 7 cloud complex and multiple supernova remnants including HB 21
Authors: Dobashi Kazuhito , Shimoikura Tomomi , Endo Nobuhiro , Takagi Chisato , Nakamura Fumitaka , Shimajiri Yoshito , Bernard Jean-Philippe
Published: October 2018

We report on possible interaction between multiple supernova remnants (SNRs) and the Northern Coalsack (NCS), which is a massive clump (∼1 × 103 M⊙) in the Cygnus OB 7 cloud complex and is forming a massive Class 0 object. We performed molecular observations of the 12CO(J = 1–0), 13CO(J = 1–0), and C18O(J = 1–0) emission lines using the 45 m telescope at the Nobeyama Radio Observatory, and we found that there are four main-velocity components at VLSR ≃ −20, −6, −4, and 10 km s−1. The −6 and −4 km s−1 components correspond to the systemic velocities of NCS and the Cyg OB 7 complex, respectively, and the other velocity components originate from distinct smaller clouds. Interestingly, there are apparent correlations and anticorrelations among the spatial distributions of the four components, suggesting that they are physically interacting with one another. On a larger scale, we find that a group of small clouds belonging to the −20 and 10 km s−1 components are located along two different arcs around some SNRs including HB 21, which has been suggested to be interacting with the Cyg OB 7 cloud complex, and we also find that NCS is located right at the interface of the arcs. The small clouds are likely to be the gas swept up by the stellar wind of the massive stars that created the SNRs. We suggest that the small clouds aligned along the two arcs recently encountered NCS, and the massive star formation in NCS was triggered by the strong interaction of the small clouds.
Identification of Signs and Symptoms of Axillary Web Syndrome and Breast Seroma During a Course of Physical Therapy 7 Months After Lumpectomy: A Case Report
Authors: Jacob Tamar , Bracha Jillian
Published: October 2018

Background and Purpose

Axillary web syndrome (AWS) and seroma are common and function-limiting side effects following treatments for breast cancer. Studies of AWS and seroma are rare, and there are no guidelines for physical therapy in these cases.

Case Description

After left breast lumpectomy due to invasive ductal carcinoma, a 65-year-old female patient underwent intraoperative radiation therapy and whole breast radiation. Seven months later, during treatment for breast swelling, AWS and breast seroma were identified by a physical therapist certified in lymphedema treatment. Treatment goals were to reduce breast swelling and pain and to improve shoulder movements. Interventions included manual lymph drainage, left arm stretching, and instruction about self–lymphatic-drainage and stretching exercise. Also, a compression bra was ordered, and continued daily activities and physical activity were recommended.

Outcomes

Improvement in shoulder movement, breast swelling, and pain.

Discussion

Because evidence for treatment guidelines following treatments for breast cancer is lacking, close follow-up for treatment-related complications is recommended. Management should be chosen according to signs and symptoms. Realistic expectations can reduce patient frustration and improve coping strategies and compliance with self-treatment demands. Clinical studies to support these conclusions are required.
Social Determinants of Health Training in U.S. Primary Care Residency Programs: A Scoping Review
Authors: Gard Lauren A. , Peterson Jonna , Miller Corrine , Ghosh Nilasha , Youmans Quentin , Didwania Aashish , Persell Stephen D. , Jean-Jacques Muriel , Ravenna Paul , O’Brien Matthew J. , Sanghavi Goel Mita
Published: October 2018

Purpose

Medical training has traditionally focused on the proximate determinants of disease, with little focus on how social conditions influence health. The authors conducted a scoping review of existing curricula to understand the current programs designed to teach primary care residents about the social determinants of health (SDH).

Method

In January and March 2017, the authors searched seven databases. Eligible articles focused on primary care residents, described a curriculum related to SDH, were published between January 2007 and January 2017, and were based in the United States.

Results

Of the initial 5,523 articles identified, 43 met study eligibility criteria. Most programs (29; 67%) were in internal medicine. Sixteen studies (37%) described the curriculum development process. Overall, 20 programs (47%) were short or one-time sessions, and 15 (35%) were longitudinal programs lasting at least 6 months. Thirty-two programs (74%) reported teaching SDH content using didactics, 22 (51%) incorporated experiential learning, and many programs (n = 38; 88%) employed both. Most studies reported satisfaction and/or self-perceived changes in knowledge or attitudes.

Conclusions

The authors identified wide variation in curriculum development, implementation, and evaluation. They highlight curricula that considered community and resident needs, used conceptual frameworks or engaged multiple stakeholders to select content, used multiple delivery methods, and focused evaluation on changes in skills or behaviors. This review highlights the need not only for systematic, standardized approaches to developing and delivering SDH curricula but also for developing rigorous evaluation of the curricula, particularly effects on resident behavior.