bluuebunny/crossref_metadata_2025 huggingface dataset:
The WIPO Development Agenda
Authors: Maskus Keith E.
Published: January 2009

After reviewing the scope and intentions of the proposed WIPO development agenda, this chapter poses two general questions that might give observers pause about its ultimate implications, if adopted. The first is whether it is sensible for many developing countries, from the standpoint of ensuring access to international technology transfer, to resort to extensive use of such so-called “TRIPS flexibilities” as limitations on patent eligibility, compulsory licensing, working requirements, and unimpeded parallel imports. These policies may be effective components of domestic industrial policy in some development contexts. However, the nature of contemporary technology transfer and integrated production networks means that such limitations on intellectual property protection can reduce the attractiveness of local economies to the activity of international firms. Second, if the development agenda were to insist on significant derogations of IPR rules from TRIPS standards, the developed countries would expect some compensation in other forms of protection, such as harmonization of patent examination procedures and significant investments in IPR enforcement.
What Direction is the Wind Blowing?
Authors: Xue Hong
Published: January 2009

This chapter contains an anatomical study of the Chinese new copyright regulations on the protection of the digital right management system. It reveals how the developed countries' TRIPS-plus agenda is imposed on the developing countries like China, and how developing countries surrender to the norms and standards set up by the developed countries. It argues that developing countries should break the path-dependence and develop the capacity to create new legal norms that genuinely reflect their development stages and are tailored to their domestic needs and public interests.
Is Product Patent Protection Necessary to Spur Innovation in Developing Countries?
Authors: Chaudhuri Sudip
Published: January 2009

R&D expenditure has dramatically increased for a segment of the Indian pharmaceutical industry since the mid-1990s when TRIPS came into effect. There has also been a change in the structure of R&D activities of Indian companies. While in the past they were primarily engaged with development of new processes for manufacturing drugs, now they are also involved in R&D for new chemical entities (NCEs) and modifications of existing chemical entities to develop new formulations and compositions. Patenting by Indian pharmaceutical companies has also gone up significantly. The primary incentive to do R&D has not been the product patent regime in India after TRIPS, but the product patent regime in developed countries to which TRIPS has made no difference. While R&D activities have diversified, they are yet to prove their competence in innovating new products. What Indian companies have really demonstrated is the ability to develop generics for the regulated (and other) markets—an ability which they acquired and improved during the pre-TRIPS period.
IPRs and Technological Development in Pharmaceuticals
Authors: Laforgia Francesco , Montobbio Fabio , Orsenigo Luigi
Published: January 2009

This chapter introduces some of the most salient aspects of the debate regarding the relationships between stronger intellectual property rights (IPRs) regimes, innovation, and development. Despite increased knowledge on the subject, little is known on the relationships between IPRs, innovation, and growth, especially as developing countries are concerned. It focuses on the pharmaceutical patenting activities in Brazil using domestic patent data. Firstly, it shows that the adoption of TRIPs had substantial positive impact on the number of patent applications in Brazil, but that the great majority of these new patent applications have come from nonresidents, most likely as extensions of foreign patents. It is too early to assess if this substantial increase in (foreign) patents is due to pipeline patents or if it will become a permanent characteristic of patenting activity in Brazil. Secondly, it shows the growth of the share of the chemical and pharmaceutical patents compared to other fields.
Intellectual Property and Development as Freedom
Authors: Sunder Madhavi
Published: January 2009

Since 1990, the United Nations has understood development in the broad terms of expanding human capabilities, thanks in part to Amartya Sen. Sen's vision of “development as freedom” is pluralist, measuring development on the capacity for many freedoms. These freedoms range from basic needs, such as the right to life and health, to more expansive freedoms of movement, creative work, and participation in social, economic, and cultural institutions. Intellectual property (IP) law is essential to all of these freedoms and regulates our capacity to participate in cultural and scientific creation. A broader understanding of IP and development as freedom recognizes the importance of participating in the process of knowledge creation. The poor must be recognized as both receivers and producers of knowledge. In the Knowledge Age, wealth lies not simply in access to other people's knowledge, but also in the ability to produce new knowledge and to benefit from this creation, culturally and economically.
Common Law Marriage
Authors: Lind Göran
Published: January 2009

This book is a comprehensive analysis of common law marriage. Part I provides a cultural and historical history of the subject, from Ancient Roman Law to Medieval Canon Law, and analyzes the reception of the doctrine in the United States. The current law concerning common law marriage is extremely complex and uncertain. By analyzing more than 2,000 American cases, Part II of the book is intended to be a legal guide for courts, public authorities and law firms dealing with common law marriage cases. It discusses the legal requirements for the establishment of a common law marriage as to capacity, contract, implied agreement, cohabitation and holding out, burdens of proof, and presumptions. Choice of law rules in all American jurisdictions are analyzed. One of the greatest challenges that family law today faces in the Western World is the decreasing rate of marriage and the increasing number of unmarried cohabiting couples. Part III conducts from historical, comparative, and sociological perspectives a legal policy discussion concerning the future of common law marriage and the modern cohabitation law. It contains a comparison of both the judicial and legislative developments in the United States, Northern and Western Europe, Canada, Australia, and New Zealand. With no predetermined agenda or bias, arguments are presented and discussed to give legislators and policymakers a basis for their considerations. Different legal constructions are discussed and a new model of marriage is presented.
Legal Capacity and Common Law Marriage
Authors: Lind Göran
Published: January 2009

This chapter discusses legal capacity requirements in common law marriage. It focuses on two requirements: first, the parties must have reached a certain age to establish a common law marriage; and, second, the parties may not already be married to another person, whether through a previous ceremonial or formless common law marriage. These requirements are of particular interest as the regulations applied to common law marriages differ somewhat from those applicable to ceremonial marriages, particularly because it often is unclear whether and when a common law marriage has been established.
The Common Law Marriage Contract
Authors: Lind Göran
Published: January 2009

This chapter discusses certain basic issues with respect to the contract forming a common law marriage. These include the nature of the marriage contract, the content of the marital intent, the distinction between contracts de praesenti and de futuro, the express contract, and specific issues arising with respect to disparities between the actual intent and the expression of intent (sham marriages).
Conflict of Laws and Choice of Law
Authors: Lind Göran
Published: January 2009

This chapter examines how the conflict of laws principles are applied to the issue of whether a common law marriage has been established between parties with connections to states other than the common law state, through domicile, residence, or in another manner. Courts and governmental authorities in all of the states within the United States and many foreign countries may have to determine whether such a marriage has been established between a man and a woman who previously had been domiciled in a common law marriage state. In addition, a formless marriage can be established during a short visit by a cohabiting couple to a common law marriage state, even if they do not reside in one. This chapter further examines how the substantive law of common law marriage states is applied.
The Constitutive Requisites in the Future
Authors: Lind Göran
Published: January 2009

This chapter focuses on a critical discussion concerning the different constructions of the constitutive elements and presumptions applicable in the establishment of a common law marriage and a legally recognized cohabitation. This discussion is appropriate for two reasons. First, common law marriage, as a rule, has been accepted in the case law and, as a result, such discussion has seldom occurred. Second, solutions have been presented during the past thirty years in the cohabitation laws in the Western world. The chapter is directed primarily at lawmakers considering whether to recognize common law marriage or cohabitation.
Arguments for and Against Common Law Marriage and Cohabitation Law
Authors: Lind Göran
Published: January 2009

This chapter, addressed primarily to legislative bodies considering repealing or enacting common law marriage or other cohabitation legislation, discusses the reasons that support these legal solutions and considers which may be relevant in the future. It attempts to objectively present and critically examine the arguments both for and against common law marriage and other cohabitation legislation, primarily for the purpose of giving legislators and policymakers a basis for future assessments.
Search and Seizure in England Before 1485
Authors: Cuddihy William J.
Published: January 2009

This chapter shows that a concept of unreasonable search and seizure did not emerge until after 1485 because, until then, the practice of search and seizure did not stimulate the concept. Although the searches that pre-Tudor law approved were usually general, it authorized few of them, and even those few did not subject most Englishmen to violent searches of their homes on a regular basis. The structure of English law before 1485 is discussed.
English Thought on Search and Seizure, 1642–1700
Authors: Cuddihy William J.
Published: January 2009

This chapter discusses the development of the English concept of search and seizure from 1642 to 1700. During this period, the English moved beyond the concept of illegitimate search and seizure to identifying the kinds of searches and seizures that were illegitimate. Although English thinkers continued to differ on many aspects of search and seizure, Sir Edward Coke placed the general warrant at the center of the emerging debate on what is now called “unreasonable searches and seizures”. By 1700, many Englishmen assumed not only that some kinds of search and seizure were unreasonable but that general warrants were the foremost kinds that were so.
Colonial Thought Respecting Search, Seizure, and the Illegitimacy of General Warrants, to 17601
Authors: Cuddihy William J.
Published: January 2009

This chapter discusses American thoughts on search and seizure. Although the legitimacy of general warrants had begun to erode in England by 1642, Americans waited more than a century, until the twilight of the colonial period, to proclaim the illegitimacy of those warrants. The colonists did not incorporate all English concepts on search and seizure instantaneously or automatically. To the contrary, the opinions the colonists professed indicated that they had imported the concept of unreasonable search and seizure but not the concept that general warrants were unreasonable.
Colonial Legislation Regarding Search and Seizure, to 17601
Authors: Cuddihy William J.
Published: January 2009

This chapter discusses American legislation on search and seizure. American legislation before 1760 illuminated the Fourth Amendment's repudiation of the general warrant in several ways. Colonial statutes revealed that, in rejecting general warrants, the amendment struck at an abuse that was as American as British. Moreover, those laws also indicated why the trend to abolish those warrants did not catch on in the colonies for more than a century after the English had started it.
English and British Advocacy of the Specific Warrant in Intellectual and Political Context, 1700–1760
Authors: Cuddihy William J.
Published: January 2009

This chapter explores the English advocacy of the specific warrant. The piecemeal way in which the specific warrant displaced general ones indicated that the British were only beginning to grasp its implications as a constitutional idea rather than an expedient. Englishmen, not Americans, had initiated the chain of thought and events that led to the amendment's specific warrant clause.
Search and Seizure in Great Britain, 1700–1760: The Legal Background to the Specific Warrant Clause
Authors: Cuddihy William J.
Published: January 2009

This chapter shows that although the specific warrant was among the fixtures of British law by 1760, its standing within that law also defined the limitations of Britain's contribution to the specific warrant clause of the Fourth Amendment. Specific warrants were, essentially, an attractive idea with which British law flirted but which it did not yet endorse. Yet the very idea was a blueprint for later constitutional development. When Americans translated the specific warrant into statutory and constitutional realities, they did so along intellectual paths that Britons had illuminated for them.
The Colonial Roots of the Specific Warrant Clause: Search and Seizure in Massachusetts, to 1760
Authors: Cuddihy William J.
Published: January 2009

This chapter discusses the evolution of the specific warrant in the colonies. It shows that Colonial Massachusetts, not Great Britain, formulated most of the ideas that formed the specific warrant clause of the Fourth Amendment. The intellectual development of the specific warrant started in England, but by 1760, it had not yet reached the logical terminus of one house or person per warrant under all circumstances. On the whole, moreover, law rejected the specific warrant not only in Britain but in the American colonies. The outstanding exception was Massachusetts, which alone fathomed the full implications of specificity in warrants and translated them into legislation and practice.
Paxton’s Case and the Writs of Assistance Controversy in Massachusetts, 1755–1762
Authors: Cuddihy William J.
Published: January 2009

This chapter discusses Paxton's Case and its implications for the specific warrant. The case was a milestone not only in civil libertarian thought, but in the political history of Massachusetts. On one level, Massachusetts lawyer James Otis had taken the British ideology of search and seizure beyond condemnation of general warrants to an appreciation of specific ones as their replacements. On another level, he had selectively fashioned law, history, and legal fiction into one of the weapons that an insurgent alliance of merchants and politicos aimed at the existing political order.
Developments in Search and Seizure Beyond the Transition to Specific Warrants, to 1760
Authors: Cuddihy William J.
Published: January 2009

This chapter shows that by 1760, Britain and her colonies had formulated ideas and procedures that inspired not only specific warrants, but other features of the Fourth Amendment. However, Britons and colonists had not restrained search and seizure in the same ways that the amendment would. Many restrictions on search and seizure before 1760 were designed to protect not the rights of persons, but the privileges of corporations and social classes.
The Wilkes Cases: Search and Seizure in Great Britain, 1761–1776
Authors: Cuddihy William J.
Published: January 2009

This chapter shows that between 1761 and 1776, the specific warrant moved to the center stage of events respecting search and seizure. Britons now realized not only that general warrants had to go, but that specific warrants should take their place. Politics underpinned this evolution of arrest and search warrants in Britain after 1763.
The Writs of Assistance Controversy, 1761–1776: The Awakening of Hostility to General Search and Seizure Throughout the Colonies
Authors: Cuddihy William J.
Published: January 2009

This chapter shows that the changeover from general to specific warrants started in Britain in the 1680s, went far in Massachusetts in the 1750s, and commenced in the other colonies in the 1760s and 1770s. Judicial resistance to the writ of assistance was the first sign that most colonies were following the leads of Massachusetts and Great Britain in substituting specific warrants for general ones as the standard method of search and seizure. The decline of the writ reflected practical considerations as much as ideology and registered a rejection of general search and seizure that varied in scope and strength among the colonies.
American Search and Seizure, 1776–1787: The Years of Paradox
Authors: Cuddihy William J.
Published: January 2009

This chapter shows that between 1776 and 1787, the American law of search and seizure underwent a transformation that separated it from British law. The most obvious mark of that transformation was the written constitutional acknowledgement of a right respecting search and seizure by most of the new states.
The Formation and Original Meaning of the Fourth Amendment, 1787–1791
Authors: Cuddihy William J.
Published: January 2009

This chapter discusses the development of the Fourth Amendment. Between 1787 and 1791, the interaction of political expediency and a centuries-old legacy against unreasonable search and seizure deposited not only a federal right but a right of unprecedented compass. The Fourth Amendment and its predecessors in the state constitutions shared many words and phrases, but the amendment incorporated the richer conception of unreasonable search and seizure that had evolved since 1782.
The Power and Purpose of International Law
Authors: O'Connell Mary Ellen
Published: January 2009

International law supports order in the world and the attainment of humanity's fundamental goals of advancing peace, prosperity, human rights, and environmental protection. Yet, there have been voices for centuries attacking international law in order to promote the dominance or hegemony of a single nation. After 9/11, such advocates succeeded in getting America's leaders to invade Iraq, establish Guantanamo Bay and black sites, use waterboarding and other forms of torture and coercion during interrogation, and execute individuals in defiance of the International Court of Justice. This book reveals that to be persuasive, opponents of international law have misrepresented what international law is and how it works. Anti-international law voices have presented international law as powerless and unworthy of respect. To clear away the myths, the book draws on new developments in natural law, positive law, and process theory. The resulting new classical theory demonstrates that international law's power or authority is explained by the same theory that explains the authority of law within nations. International law has authority because it is widely accepted as law. Part of the evidence of that acceptance is found in the fact international law has forceful means of enforcement — armed force, sanctions, countermeasures, and courts. The book provides many examples of international law in action — the real international law with the power to support the interest of all humanity.
Collective Armed Measures
Authors: O'Connell Mary Ellen
Published: January 2009

States acting under the authority of the UN Security Council have greater scope to use armed force to enforce international law than states acting without authorization. The Council has the power to order uses of force in cases of threats to the peace, as well as actual breaches of the peace. The 2005 World Summit Outcome recognizes that threats to the peace may include situations of serious human rights violations. Uses of force authorized by the Council are also regulated under the general principles of necessity and proportionality. Australia's use of force in East Timor in 2000 complied with these rules; NATO's use of force in 1999 in the Kosovo Crisis did not.
Collective Countermeasures
Authors: O'Connell Mary Ellen
Published: January 2009

International organizations or other established groups of states also take countermeasures in response to international law violations. One category of such measures is to enforce the rules of the organization or group — such as International Monetary Fund measures against borrowers that fail to repay. Collections of states also take measures to enforce general international law. These measures are commonly termed “sanctions”. Sanctions are a general-purpose law enforcement tool. They must be proportional in the circumstances and may require Security Council authorization. In the case of human rights, however, collective action short of significant armed force may be lawful today.
Learning to be Capitalists
Authors: Kim Annette Miae
Published: January 2009

Why have some countries been able to escape the usual dead end of international development efforts and build explosively growing capitalist economies? Based on years of fieldwork, this book provides an account of the first generation of entrepreneurs in Vietnam in comparison to those in other transition countries. Focusing on the emergence of private land development firms in Ho Chi Minh City, this book shows how within seven years the private sector produced the majority of all new houses in the real estate market. This book demonstrates that capitalist entrepreneurialism was not the result of state initiative, properly incentivized policies, or individual personality traits. Rather, a society-wide reconstruction of cognitive paradigms enabled entrepreneurs to emerge and transform Vietnam from a poor, centrally planned economy into one of the fastest growing, market economies in the world.
Comparisons with Other Transition Economies
Authors: Kim Annette Miae
Published: January 2009

This chapter extends social cognition theory by applying it to other transition cases. While Ho Chi Minh City changed rapidly, Hanoi did not. It uses real estate market data to show how the political economy interests in Hanoi that prevented the formation of private firms existed not only in bureaus and policies, but in the cognitive structures of the local population which inhibited new economic behaviors and institutions from emerging informally. It then turns to examine the emergence of private land development firms in Warsaw, Poland, which supposedly transitioned quickly because of the correct economic policies it pursued. The chapter shows the striking similarities with how the firms in Ho Chi Minh City created institutional arrangements that flouted idealized business transactions as well as how social structures lead to their different pathways to capitalism. It then makes some comparative observations of the extensive Chinese urban transition literature to locate the major similarities and differences in their transitions. The chapter concludes with the generalizable lesson that in each of these cases, social cognitive changes were needed to enable the material transfer of land for private development that undergird the transition to capitalist economies.
Clonality within the Individual
Authors: Avise John C.
Published: January 2009

Although clonality is often discussed in reference to whole organisms, the phenomenon also applies to (and is underlain by) genetic processes operating within each individual. All forms of clonal reproduction begin with the faithful replication of genetic material. This chapter discusses the clonal propagation of nucleic acids (via DNA replication) and of entire nuclear genomes and chromosome sets (via mitosis) in populations of somatic cells. It also describes how mitochondrial genomes, as well as particular kinds of sex chromosomes, provide special examples of genetic systems that abstain from recombination. The net result of such micro-asexual processes is a multicellular individual, which can thus be viewed as a tightly knit colony of clonemate cells.
Sexuality: The Antithesis of Clonality
Authors: Avise John C.
Published: January 2009

Sexual reproduction is the antithesis of clonality because genes that are faithfully copied during asexual replication are genetically scrambled (recombined) during the sexual processes of meiosis and fertilization. Sex has long been an evolutionary enigma because it appears at face value to entail several fitness costs and risks in the short term whereas its potential benefits would seem to be rather diffuse and postponed. This chapter reviews the diverse explanations for recombinational sex, ranging from the level of molecular genetics to the echelons of short-term ecology and long-term evolution. It thus sets the stage for the book's extended thesis that any attempt to understand the adaptive significance of sex is likely to be facilitated by analyzing clonal systems, and vice versa.
Reproduction by the Chaste: Parthenogenesis
Authors: Avise John C.
Published: January 2009

Virgins can indeed give birth, and not only in Greek mythology. In biology, the word partheno appended by genesis (meaning origin) describes the clonal process by which a female procreates without assistance from males. She does so by producing special eggs cells that require no sperm or fertilization before initiating the development of offspring who, in most cases, are genetically identical to their virgin mother. This phenomenon exists in nature as a constitutive reproductive mode in several unisexual (all-female) “species” of reptile, and sporadically in several additional groups. This chapter describes all known cases of parthenogenesis in vertebrate animals, and includes details about cellular and genetic mechanisms, evolutionary origins and durations, and potential ecological or adaptive significance.
2 Prophets in America circa 1830: Ralph Waldo Emerson, Nat Turner, Joseph Smith
Authors: Brodhead Richard H.
Published: January 2009

This chapter finds that by contextualizing Smith's history as prophetic autobiography alongside Nat Turner's, uncannily similar aspects emerge. As a result, what the chapter calls a history of prophetism takes shape that delineates some of the forms and tragic consequences of prophetic self-assertion. The implications may be translatable across a spectrum of times and cultures.
4 “I Love All Men Who Dive”: Herman Melville and Joseph Smith
Authors: Rust Richard Dilworth
Published: January 2009

This chapter illuminates Smith's religious-making imagination by juxtaposing him with America's greatest myth-making novelist of the 19th century, Herman Melville. Melville revealed a recurrent interest in things Mormon, and the most telling preoccupation that unites them, the chapter finds, is not so much the heights they achieved as successful creators of epic systems, as the depths they plumb as thought-divers, exploring the darkest abysses of human experience and of the tragic universe.
8 Joseph Smith: Prophecy, Process, and Plenitude
Authors: Givens Terryl L.
Published: January 2009

This chapter connects Joseph Smith's religion-making, in both its scope and its method, to the intellectual revolution called Romanticism. Like all intellectual revolutionaries of that era from Malthus to Marx to Darwin, Joseph Smith rearticulated the fundamental vision of his field of influence in terms of contestation, struggle, and dynamism. His collapse of sacred distance, rupturing of the canon, doctrines of pre-existence and theosis, and gestures toward a comprehensive, scriptural Ur-Text—all betoken an emphasis on process over product, and a precarious tension between the searching and certainty that characterized both his personality and the faith he founded.
10 Seeking the Face of the Lord: Joseph Smith and the First Temple Tradition
Authors: Barker Margaret , Christensen Kevin
Published: January 2009

This chapter comes to Mormonism as something only tangentially related to this chapter's author's own work in radically reformulating our understanding of ancient Jewish religion. The author of this chapter has elsewhere assessed the Book of Mormon in the context of pre-exilic Israelite religion. Here, that interest is extended here by considering the temple world view of early Israel before the reforms of King Josiah. Noting the primacy of this same temple-dominated vision in the prophetic career of Joseph Smith, the first part of this chapter concentrates on that subject. From his translation of the Book of Mormon through the corpus of his own visions, Joseph established continuity with the Bible as text and Jerusalem as sacred space. Equally important is the pattern in Joseph Smith of both chronicling sacred theophanies and urging their possibility in contemporary religious practice. That is why it has been argued that Joseph Smith's restoration converges on the key time, place, institutions, and issues involved in this chapter's reconstruction.
Falling in Love
Authors: Pauwels Heidi R. M.
Published: January 2009

Chapter 1 compares Sita's falling in love with Rama in the Flower Garden (Phulvari) with Radha and the Gopis’ falling in love with Krishna when he steals their clothes while they are bathing (Vastraharana). The comparative analysis of classical, medieval devotional, and contemporary television and film versions shows two marked trends. A first one regards the goddess and her status. Both medieval and contemporary portrayals show Sita and Radha as worshiping the Great Goddess and as subservient to the men with whom they fall in love. This very subservience is the basis for their exaltation as goddesses in their own right. The second trend regards the message sent to women about pre‐marital romance, which is not more liberal over time. There is instead a marked concern with embedding love within the bounds of conventional morality. In the process, Sita and Radha come to resemble each other more and more. Movies discussed are Hum aapke hain koun..!, Sholay, and Sangam.
Arranging a Love Marriage
Authors: Pauwels Heidi R. M.
Published: January 2009

Chapter 2 traces how divine marriages are arranged in classical, medieval and televised versions of the stories, and how such scenarios are echoed in popular movies. Sītā's Svayamvara is contrasted with Krishna's first consort, Rukmini's elopement. Notwithstanding the name, Sītā's Svayamvara is not really a self‐choice marriage in any of the sources. The television version is most emphatic in stressing that it is not personal feelings but rather considerations of family that should prevail in arranging a marriage. The movies nearly unequivocally follow suit. Rukmini's elopement scenario seems viable to some extent in the classical version, though it comes at a substantial cost for the woman who has to break all bonds with her parental kin. The medieval version downplays that cost. The televised version does not dwell on this either, and it pays lip service to the priority of women's choice in arranging the marriage, but gives her little voice. By contrast, the films of the nineties are emphatic in denying the validity of elopement. Whatever the divine models may say, in films parental authority keeps love in check. Movies discussed are Hum aapke hain koun..!, Maine Pyar kiya, Dilwale Dulhania Le Jayenge, Dulhan hum le jayenge, Pardes, and Ram teri Ganga maili.
In Good Days and Bad Days
Authors: Pauwels Heidi R. M.
Published: January 2009

Chapter 4 focuses on how women should cope with a hardship crisis in their marriage. It studies Sita's resolve to leave purdah and follow Rama in his exile, comparing with the Gopis’ leaving their domestic safety to join Krishna in the forest to dance the Rasa‐lila. In both cases, while the men are originally reluctant to let the women join them, the women argue that their love overrides concerns of dharma, and they win the argument. However, the liberating potential of these examples is mitigated by the televised series’ concerns to keep the women within maryada, notwithstanding their rhetoric. Thus, Ramanand Sagar's Sita's choice is portrayed as one of identification with her husband and foregoing the easy option of returning to her paternal home. In Shri Krishna the Gopis undergo a fire‐ordeal (Agnipariksha) to prove their credentials, a scenario that plays out again and again in popular movies. Movies discussed are Yahi hai zindagi, Hum aapke hain koun..!, Meera ka Mohan and Lagaan.
Consuming Traditions
Authors: Outka Elizabeth
Published: January 2009

This book investigates a critically important development in the history of modernity: the unprecedented marketing of various forms of authenticity in late 19th and early 20th-century Britain. The selling of objects and places allegedly free of commercial taint—what the book terms the “commodified authentic”—marks a crucial but overlooked turn in modern culture and offers a new way to understand literary modernism and its complex negotiation of tradition and novelty. Writers, marketers, town planners, and architects simultaneously began to draw on the commodified authentic in creating novels, houses, model communities, and commercial displays. The book examines how, in these disparate works, new objects and places were packaged as mini-representations of theoretically noncommercial values; the book explores nostalgic versions of the commodified authentic (such as evocations of an authentic rural past); originary versions (such as appeals to an original, genuine article); and aesthetic versions (involving images of a purified aesthetic free from any taint of the mass market). The chapters draw on literary, commercial, and architectural examples, considering two significant clusters of activity in differing locations. The first cluster (part I, “Commodified Nostalgia and the Country Aesthetic”) focuses on the country, investigating how both rural villages and houses—well-established repositories of authentic meaning—became new sites for intense commercialization that were explicitly produced through modern industry and factory work. The second cluster (part II, “Urban Authenticities”) shifts the focus to the city, arguing that authenticity-often considered antithetical to the urban setting-was translated into malleable images developed within urban spaces. The simultaneous moves to create “authentic” spaces or objects that were supposedly outside the marketplace and also to embrace commerce as the best way to make such spaces and objects controllable and accessible in fact represented a powerful way to balance the contradictions of modernity, as well as an innovative tool to sustain the paradoxes of literary modernism.
The Past Is a Present Country
Authors: Outka Elizabeth
Published: January 2009

This chapter explores the revolutions in town planning and community design that were inspired by the creation of model factory towns at the turn of the century, as well as by the rapid development of the Garden City Movement. While novel in many respects, model towns such as Bournville and Port Sunlight, and Garden Cities such as Letchworth, presented the illusion of an older economic and cultural time, showing a commitment to past designs that were meant to correct some of the excesses of the industrial age. What set these places apart from earlier efforts was their deliberate reliance on the modern factory system to support the nostalgic country vision, and the emerging ways this vision was marketed as a way to sell products from chocolate to soap. Such efforts received enormous publicity and captured the imagination of many, including Bernard Shaw. In his plays John Bull’s Other Island and Major Barbara, Shaw became the most incisive critic of the new town planning schemes, but also, in ways the chapter examines, their surprising champion. Through analysis of both the literary and the literal model towns, the chapter investigates how long-static visions of the country and the city were united into appealing new hybrids, and industry itself, rather than being the villain, was recast as the provider of new pleasures.
Buying Time
Authors: Outka Elizabeth
Published: January 2009

This chapter turns from the model communities discussed in the previous chapter to the individual country dwelling, analyzing a cluster of efforts to unite modern commercial ventures to the production of the “authentic” home. The chapter explores new developments in domestic architecture (most notably in the homes designed by the architect Edwin Lutyens), the launch of the Daily Mail’s Ideal Home Exhibition, and E. M. Forster’s contradictory approaches to authentic country dwellings in Howards End. Promoting the “neo-nostalgic home” became central to literary and commercial efforts to market and manipulate time. All these efforts-though in different arenas-imagined new ways that commercial ventures might sustain nostalgic visions within the individual dwelling, and considered together, they reveal how the idea of “home” was suddenly not a given or fixed quality but something that could be deliberately and carefully constructed.
The Vanishing Act of Commercialism
Authors: Outka Elizabeth
Published: January 2009

This chapter argues that modernity in Britain was shaped in part by an explosion of department store efforts to sell authenticity through advertising and interior design. The chapter focuses on the revolutionary changes in marketing inaugurated by Selfridges department store when it opened in 1909. The store offered an unprecedented setting for authentic performance and provided its customers a complete education in creating and maintaining different kinds of authentic goods and spaces. In its advertisements, displays, and interior and exterior design, Selfridges worked to redefine shopping by systematically erasing distinctions between commerce and areas most Londoners would have assumed were separate from commercial concerns. The chapter is bookended by new readings of works by Henry James (“The Great Good Place”) and H. G. Wells (Tono-Bungay), exploring how these authors exemplify two central critical responses to commercial strategies that seek to market a noncommercial aura.
Conclusion
Authors: Outka Elizabeth
Published: January 2009

The conclusion argues that the history and development of the commodified authentic are key to understanding later works of high modernism, as well as our contemporary moment, with its strangely hybridized blend of nostalgia and modernity. The chapter investigates how the commodified authentic became a critical modernist tool, analyzing key moments concerning advertising, authenticity, and shopping in works by D. H. Lawrence (Women in Love), James Joyce (Ulysses), and Virginia Woolf (To the Lighthouse). The chapter concludes by exploring how the commodified authentic remains a powerful marketing technique and cultural strategy.
Thoughts on the Chicago Legacy in U.S. Antitrust
Authors: Schmalensee Richard
Published: January 2009

This paper argues that the victories and even the losses of the Chicago School as constructive, because the losses stimulated more rigorous thinking. It revisits the theoretical battles of the 1950s and 1960s, and demonstrates how conservative economic analysis called a halt to some questionable initiatives such as deconcentration of major industries as a result of “no-fault” monopoly enforcement, preference for small businesses for the sake of their smallness, and disregard of the value of efficiencies in various transactions, even holding efficiencies against the legality of a transaction.
Some Practical Thoughts About Entry
Authors: Stelzer Irwin M.
Published: January 2009

This paper characterizes the conservative view as follows: it looks at antitrust as inefficient, contributing unwisely to an excess of government regulation, and unnecessary because market power is transient and only economic analysis (i.e., efficiency) matters. It then examines various kinds of anticompetitive behavior, particularly low or “predatory” prices by a dominant firm, from an unusual and perhaps unique point of view. Conservative analysis argues that if there is ease of entry, there is no problem that antitrust needs to address. If the wrongdoer tries to raise prices or curtail output, it will be swamped, so the argument goes, by new entry. The paper asks what a venture capitalist would consider before supporting efforts of a smaller challenger to enter a dominant firm's market. If the entrenched dominant incumbent can rely on a variety of coercion and intimidation tactics, as conservatives seem to allow, venture capitalists will often not support the challenger. As a result, the goal of protecting a free market to provide a fair and open opportunity to all comers will not be served. To achieve that goal, the antitrust laws must be vigorously enforced — that is not the state of affairs today.
Conservative Economics and Antitrust: A Variety of Influences
Authors: Scherer F. M.
Published: January 2009

This paper observes that antitrust analysis has moved sharply to the conservative side and emphasizes the complexity of issues. First, it notes that the move toward less enforcement does not reflect just the influence of economists but also of lawyers, enforcement officials, and judges who believe in the precept that government is the problem and not the solution. Second, it observes that conservative approaches avoiding government intervention is not a consistent view of the Chicago School. It has advocated vigorous antitrust enforcement in the area of price-fixing among direct rivals (cartel policy) and occasionally advocated limits on the size of corporations. However, in recent years, extreme Chicago views have influenced enforcement, particularly during Republican administrations. Illustrations include declining enforcement efforts with respect to predatory pricing, concentrated (i.e., oligopoly) markets, and mergers. As an example of scholarship that argues that market forces will solve all problems, the paper cites an article by J. McGee to the effect that with the exception of industries where the state blocks entry “[t]here is the strongest presumption that the existing structure [of industry] is the efficient structure.” In a concluding section, the paper takes on a specific issue that has been advocated as a result of conservative economic analysis and has achieved substantial support. That view, virtually a consensus in terms of conservative economic analysis, is that government regulation of intellectual property—particularly mandatory licensing of patents as a remedy for wrong-doing—will reduce investments in innovation and, in the long run, injure consumers. That conclusion is inconsistent with a body of empirical evidence that antitrust enforcement had little adverse impact on investments in innovation.
On the Foundations of Antitrust Law and Economics
Authors: Rubinfeld Daniel L.
Published: January 2009

This paper suggests that while the influence of industrial organization economics has grown substantially over time, it would be overly simplistic to characterize that influence as having been driven solely by a group of conservative antitrust legal and/or economic scholars. Differences among antitrust economists are as likely due to the fact economists hold a range of views as to the meaning of economic efficiency, and they differ significantly in their beliefs as to the likely efficacy of government intervention. The paper begins with an overview of the history of antitrust policy. It explains how important precedents in the law have followed, albeit with a substantial lag, important developments in the economics of industrial organization that serve as important underpinnings of the law. It then explains why and how economists' views of antitrust policy differ, and how and why conservative economics has overshot the mark to some degree.
The Efficiency Paradox
Authors: Fox Eleanor M.
Published: January 2009

This paper defines various concepts of efficiency and then demonstrates how conservative economic approaches have led to wrong results in several important cases. It asks: What is efficiency? Can antitrust law produce efficiency, and how does it try to do so? It observes that one way antitrust pursues efficiency is by choosing a proxy; notably, either trust in the dynamic of the competition process or trust in (even) the dominant firm. By case examples, it shows the effect of conservative economics in choosing as the proxy trust in the dominant firm. It argues that this phenomenon has produced the Efficiency Paradox: In the name of efficiency, conservative theories of antitrust cut off the most promising paths to efficiency. It is suggested that we can eliminate the Efficiency Paradox by readjusting the pendulum to give more regard to the incentives of mavericks and challengers and less regard to the freedom and autonomy of dominant firms.
The Chicago School’s Foundation Is Flawed: Antitrust Protects Consumers, Not Efficiency
Authors: Kirkwood John B. , Lande Robert H.
Published: January 2009

This paper demonstrates that the Chicago School is wrong, as to both congressional intent and to recent case law. It begins by demonstrating that the wealth transfer concern is the primary reason for the passage of the antitrust laws and is a far more plausible explanation than the efficiency goal. It then analyzes the treatment of these issues in recent antitrust cases. It shows how these cases can be best explained in terms of a concern with wealth transfers, as opposed to a concern with efficiency. It is argued that the foundation of the Chicago School is flawed, and that the correct path of antitrust policy should not be determined by the view that increasing efficiency is more important than protecting consumers.
Comment on Herbert Hovenkamp and the Dominant Firm: The Chicago School Has Made Us Too Cautious About False Positives and the Use of Section 2 of the Sherman Act
Authors: Goldschmid Harvey J.
Published: January 2009

This paper observes the absence in recent years of serious enforcement of section 2. With respect to Justice Scalia's extensive comments in the Trinko decision about the value of aggressive behavior leading to monopoly power, it notes the total absence in the Scalia opinion of any concern with the anticonsumer side of monopoly power—“excessive prices, misallocation of resources, and loss of dynamic efficiency.” That style of passive acceptance follows from one of the basic canons of conservative economic analysis—the theory that if a monopolist tries to take advantage of its market position, new entry and market corrections will automatically appear and make section 2 law enforcement largely unnecessary. The paper advocates a balancing test, citing language in Aspen Ski and Microsoft as a more sensible approach to dominant firm behavior than the rigid passive approach to enforcement, based on general Chicago School scholarship. With respect to recent cases, it notes that a benign attitude toward unreasonable behavior by a monopolist throws into doubt the unanimous opinion of the District of Columbia Court of Appeals finding that Microsoft had violated section 2.
Economic Analysis of Exclusionary Vertical Conduct: Where Chicago Has Overshot the Mark
Authors: Salop Steven C.
Published: January 2009

This chapter presents two papers that take issue with Chicago School thinking at the most basic levels, rejecting the ideas that vertical arrangements rarely if ever can harm consumers, exclusionary vertical conduct is either benign or procompetitive, and that predatory pricing (pricing below some appropriate level of cost) “is rarely attempted and even more rarely succeeds.” The first paper also rejects the idea that vertical arrangements can almost never hurt consumers or competition. The second paper focuses on case law concerning vertical arrangements and exclusive dealing law.