bluuebunny/crossref_metadata_2025 huggingface dataset:
Vampire Apocalypse
Authors: Clasen Mathias
Published: October 2017

Richard Matheson’s 1954 horror novel I Am Legend depicts the sole survivor of a vampire pandemic in his attempts to find companionship and meaning in a blasted apocalyptic world. Most literary critics engaging with the novel have interpreted the vampires as social or psychological symbols. They’ve overlooked their literal resonance as disease-bearing, unnatural predators well designed to activate evolved fears of predation and contagion. The chapter argues that the novel’s lasting power comes from the way Matheson taps into basic human anxieties—over predation, isolation, and a total loss of meaning—in his psychologically nuanced depiction of a flawed but sympathetic man’s struggles to survive and find fellow survivors after the apocalypse, and to find meaning in a secular antagonistic world. Matheson adapted the ancient vampire figure in his evocative exploration of one man’s psychological development in response to a hostile and meaningless world.
Fight the Dead, Fear the Living
Authors: Clasen Mathias
Published: October 2017

George A. Romero’s Night of the Living Dead (1968) depicts the futile attempts of a group of people to survive a zombie outbreak by barricading themselves in a farm house. Romero’s film introduced the modern horror zombie, a reanimated, rotting corpse that feeds on the living, travels in hordes, and is contagious. This chapter argues that Romero’s implausible monster is highly effective because it triggers defensive adaptations in human evolutionary psychology, especially adaptations to predators and contagious substances. The zombie’s counterintuitive aspect, its undeath, makes it especially salient. Romero used the figure to probe human reactions to disaster and to paint a vivid picture of the inevitability of conflict and defeat, especially in terms of social, psychological, and organic breakdown. It resonated especially with disillusioned moviegoers at the time of its release, but the film’s monsters and themes continue to engage people because of their evolutionary salience.
Deceptive Ambiguity by Police and Prosecutors
Authors: Shuy Roger W.
Published: October 2017

Much is written about how criminal suspects, defendants, and undercover targets use ambiguous language in their interactions with police, prosecutors, and undercover agents. This book examines the other side of the coin, describing fifteen criminal investigations demonstrating how police, prosecutors, undercover agents, and complainants use deceptive ambiguity with their subjects, which leads to misrepresentations of the speech events, schemas, agendas, speech acts, lexicon, and grammar. These misrepresentations affect the perceptions of judges and juries about the subjects’ motives, predispositions, intentions, and voluntariness. Deception is commonly considered intentional while ambiguity is often excused as unintentional performance errors. Although perhaps overreliance on Grice’s maxim of sincerity leads some to believe this, interactions of suspects, defendants, and targets with representatives of law are adversarial, non-cooperative events that enable participants to ignore or violate the cooperative principle. One effective way the government does this is to use ambiguity deceptively. Later listeners to the recordings of such conversations may not recognize this ambiguity and react in ways that the subjects may not have intended. Deceptive ambiguity is clearly intentional in undercover operations and the case examples illustrate that the practice also is alive and well in police interviews and prosecutorial questioning. The book concludes with a summary of how the deceptive ambiguity used by representatives of the government affected the perception of the subjects’ predisposition, intentionality and voluntariness, followed by a comparison of the relative frequency of deceptive ambiguity used by the government in its representations of speech events, schemas, agendas, speech acts, lexicon, and grammar.
Introduction
Authors: Shuy Roger W.
Published: October 2017

This chapter introduces the important concepts of intentionality, ambiguity, deception, institutional power, and the discourse context in the context of the Inverted Pyramid approach in order to reveal the deceptive ambiguity used by police, prosecutors, undercover agents, and complainants in the fifteen criminal cases described in the following chapters. The Inverted Pyramid is a heuristic for analyzing continuous conversation. This chapter introduces and defines the elements of the Inverted Pyramid, noting that it is most useful to begin analysis of criminal case language evidence with the largest language element, the speech event, followed in descending order with the increasingly smaller language elements of the participants’ schemas, their individual agendas (as revealed by topics and responses), their speech acts, conversational strategies used by law representatives of the government, and the lexicon and grammar, which is the language element in which the alleged smoking gun evidence commonly is thought to reside).
Prosecutors Use Deceptive Ambiguity
Authors: Shuy Roger W.
Published: October 2017

Since prosecution speech events are conducted in the presence of judges and defense attorneys, prosecutors must use more subtle ways of being ambiguously deceptive. In the perjury hearing of union agent Steven Suyat, the prosecutor’s ambiguity converted the speech event of using Suyat as his own witness against other union members into an indictment against Suyat, then used deceptive ambiguity about Suyat’s schema for why he was testifying, conversational strategies for eliciting what appeared to be guilt, and meanings of words that were not shared by Suyat. In the murder trial of Larry Gentry, his prosecutor created ambiguity about Gentry’s concept of the speech event and schema of why he was involved, finally reinterpreting Gentry’s words to make him appear guilty of aiding and abetting. The grand jury hearing of Father Joseph Sica illustrates the prosecutor’s deceptive ambiguity relating to the speech event and schemas, but especially to his reinterpretation of Sica’s words.
Cooperating Witnesses Use Deceptive Ambiguity
Authors: Shuy Roger W.
Published: October 2017

Cooperating witness are individuals who replace agents in undercover operations, often because they are con men who the police have caught in a crime, are believable experts about how the crime works, and expect to receive lighter sentences for their cooperation with law enforcement. This chapter describes three investigations in which the cooperating witnesses used deceptive ambiguity by misrepresenting the speech events that led to conflicting schemas about what they were doing, by manipulating and reinterpreting the targets’ agendas and speech acts, by using ambiguous conversational strategies to persuade the targets to accept their propositions, and by misinterpreting the targets’ words, all to the advantage of the prosecution. The cooperating witnesses’ use of deceptive ambiguity is illustrated in the FBI’s investigations of oil millionaire T. Cullen Davis, successful military armor manufacturer Yochanan Cohen, and Ohio citizen Marwan El-Hindi’s investigation for planning to create a terrorist cell in Toledo.
Death with Dignity
Authors: Kaczor Christopher , George Robert P.
Published: October 2017

Advocates of euthanasia use the phrase “death with dignity” to suggest that intentional killing at the end of life secures and protects human dignity. Critics of euthanasia insist that intentional killing violates human dignity. To adjudicate between these views, four senses of the term are distinguished: dignity as flourishing, dignity as attributed, dignity as intrinsic worth, and dignity as autonomy. Dignity as attributed concerns the worth human beings confer on others or on themselves. Dignity as intrinsic worth is understood as the value human beings have simply because they are human beings. Dignity as flourishing is understood as the excellence of a human life consistent with, and expressive of, intrinsic dignity. Dignity as autonomy is defined as showing respect for other people by endorsing or at least not interfering with their autonomous choices. In this chapter, it is argued that none of these senses of dignity justify intentional killing.
Dementia, Dignity, and Physician-Assisted Death
Authors: Dresser Rebecca
Published: October 2017

As more people live into their later years, more of them become susceptible to Alzheimer’s disease and other age-related dementias. Many people fear dementia, and some argue that physician-assisted death should be available to those seeking to avoid the indignity of life with dementia. Distinct issues surround the relationship of dignity and assisted death for potential or actual dementia patients. This chapter examines the role of dignity concerns in addressing (1) requests for assisted death by at-risk individuals to avoid a possible future with dementia, (2) requests for assisted death by individuals with mild or moderate dementia, and (3) advance directives requesting assisted death in the event of a later dementia diagnosis or appearance of specific behavioral manifestations of dementia (e.g., apparent inability to recognize family and friends).
Could Suicide Really Be a Fundamental Human Right?
Authors: Battin Margaret P.
Published: October 2017

Could suicide be not just a right, but a fundamental right, rooted in dignity? A linguistic triple threat complicates this question: problems about “rights,” problems about “dignity,” and problems about what counts as suicide. For example, Thich Nhat Hanh’s insistence that the self-immolations of Buddhist monks and nuns in Vietnam are not suicides provides one sort of challenge; Valerius Maximus’s account of the self-elected death of a 90-year-old woman of Cea in good health and ample wealth, another. Linguistic variation also complicates the question of rights: English’s principal term for suicide, “suicide,” has strongly negative connotations; of German’s four major terms, one has comparatively positive connotations, giving German speakers greater linguistic flexibility than English speakers have. Because background intuitions, practices, and linguistic resources are so variable, establishing that there is a right to suicide and if so, whether it is a fundamental one, is a challenging task.
Text and Context
Authors: Tran Anh Q.
Published: October 2017

Chapter 2 first situates Errors of the Three Religions within the apologetic genre of Christian writings, tracing the history of Christian apologetics and catechism in Asia; Christian apologetics serves either a positive function of defending Church teachings or a negative role of critiquing alternate religions. Then the chapter introduces the text, including the genre, history of composition, structure, content, audience, and authorship of Errors of the Three Religions—making the case that the author is Hilario Costa—as well as its relationship to other Christian texts in Vietnam at that time, such as Matteo Ricci’s and Alexandre de Rhodes’s catechisms.
In the Realm of the Dead
Authors: Tran Anh Q.
Published: October 2017

Chapter 4 deals with the afterlife and the cult of the dead, according to both Confucian and Vietnamese folk Buddhist practices. It begins with an overview of traditional Vietnamese anthropology and its influence on ancestral worship: outlining several characteristics that are the basis of ancestor worship, the discussion then turns to how the Confucian tradition linked rituals honoring the dead with filial piety, and to traditional conceptions of the soul and the afterlife in Confucianism, Daoism, and Buddhism. Then the chapter proceeds to a detailed description of the traditional funeral rites and ancestral veneration, including an account of practices surrounding the burial, as well as folk Buddhism and the afterlife. The chapter ends with a Christian evaluation of these practices.
Refutation and Dialogue
Authors: Tran Anh Q.
Published: October 2017

Chapter 5 evaluates Errors from a contemporary perspective. It begins by outlining the theological messages of Errors, laying out the charges of erroneous beliefs, idolatry, and superstitions against Confucianism, Buddhism, and Daoism. It traces the influence of Errors on later Vietnamese Catholic texts of the late eighteenth and nineteenth centuries—Treatise of the True Religion and Conference of the Four Religions—and appraises its legacy for the understanding of the nature of Vietnamese religions. The theological message of the texts is presented and evaluated for their implications regarding the Christian encounter with the traditional religions of Vietnam in the past and at the present time.
{p. 95}The Errors of Daoism
Authors: Tran Anh Q.
Published: October 2017

Book 2 discusses what the author believes to be the errors of Daoism and other errors that are ostensibly similar to the beliefs of what this text describes as, the true way. The ways of Laozi (Daoism) and Śākyamuni (Buddhism) are heterodox, the text states. Book 2 argues that these two ways are contrary to morality and cultural norms in every way. They are not consistent with the orthodox way, which is Confucianism. So they must be examined thoroughly and that is what Book 2 aims to do.
The Modalities of Desire in Mimetic Rivalry
Authors: Weisband Edward
Published: October 2017

This chapter analyses the modes of perpetrator performative transgression by distinguishing between torture, torment, and agony as outcomes desired by perpetrators that represent different kinds of suffering reflective of the comparative influences of culture. The analysis focuses on the language of perpetrators in terms of lies, empty euphemisms, and the anti-ironic to develop a theory of language that is framed by the willed desire of perpetrators to use cruelty to produce a form of post-factuality the analysis describes as “informativeness.” This chapter advances a theory of social antagonism based on an analysis of the dynamics of envy, jealousy, honor, shame, purity that in turn are anchored by theoretical explanations emphasizing the psychodynamics of lack and loss, encapsulated by the concept of rival self-other.
Perversity in the Performative
Authors: Weisband Edward
Published: October 2017

To study the staged performative transgressions of victims, sadistic cruelty borne by the desire on the part of perpetrators to witness the collective dying of victims, requires analytical orientations beyond those focused exclusively on motivations cast in rational or rationalizing, cognitive or purposive strategic terms. Performativity as a theoretical perspective establishes the explanatory relevance of the unconscious in appraising the dynamics of desire, shame, and sadistic cruelty among perpetrators. Various psychosocial perspectives may be adopted in this regard. Sadistic behaviors are not only cruel; they demand that the cruelty be displayed in the name of the laws of prohibition. Perpetrator behaviors in mass atrocity demonstrate the psychic elements of emotionality and fantasy, paranoia and obsession. Group dynamics in the macabresque ebb and flow in the subterranean tides of anxiety and psychic desire made manifest by reifications and sadistic hate, a central focus of study in the analysis of perpetrator performativity.
Cultural Case Studies in the Macabresque
Authors: Weisband Edward
Published: October 2017

This chapter examines seven case studies of the macabresque during the twentieth century. The macabresque is portrayed within each by adopting the “vignette” as a narrative form. A vignette is a patch, a semiotic sign, representative of a “mentality” that endows genocide and mass atrocity with a “noble” cause or “moral” if not, indeed, a “sacred” purpose. Similarities across cases of the macabresque emerge; but contrasts also appear that demonstrate major political, cultural, ideological, and attitudinal differences. These contrasts are not incidental side effects of violence. They reveal the relationships of social fantasy, specifically “thing-enjoyment” and mimetic desire and rivalry, in shaping not only ideological constructions of otherness but also the psychodynamics of a political ontology in which ideology is ontology. The case studies include the Armenian Genocide, Stalin’s purges, “Hitler’s Diabolical Laboratory,” blood trauma and the Rwandan Genocide, “Confessional Archives and Angkar’s Torture,” the Argentinian neo-inquisition, and “Bosnian Shame-Camps.”
Systematic Government Access to Private-Sector Data in France
Authors: Maxwell Winston J.
Published: October 2017

This chapter focuses on France’s legal framework for access to private-sector data by law enforcement and intelligence agencies. Post-9/11, France enacted provisions to require telecommunications operators and providers of hosting services to retain significant amounts of metadata. The French laws on data retention went beyond the scope of the now-invalidated EU directive on data retention, and the French laws remain on the books today in spite of a recent CJEU decision holding that similar laws in the UK and Sweden violate fundamental rights. France’s intelligence agencies have wide-ranging powers to collect data and conduct interceptions without prior court approval, including the right to analyze metadata of all French Internet users to detect suspicious patterns of behavior. In 2016, the French Constitutional Court invalidated a 25-year-old law permitting intelligence authorities to conduct untargeted monitoring of radio transmissions without supervision; so far, other provisions of government surveillance laws have survived constitutional challenge.
Systematic Government Access to Private-Sector Data in India
Authors: Abraham Sunil
Published: October 2017

This chapter focuses on India’s policies and practices regarding systematic government access to private-sector data. India does not have many laws that explicitly prescribe or prohibit systematic government access to private-sector data apart from provisions in laws such as the Information Technology Act, Anti-Money Laundering Act, and Epidemic Diseases Act. Nevertheless, the appetite in some parts of the government for systematic access appears to be growing. In February 2012, the Intelligence Bureau wrote to the Department of Telecom demanding that telecom operators and ISPs cooperate to enable comprehensive real-time tracking of Internet usage on mobile phones. This included the establishment of a core group “for finalisation of Internet Protocol Detail Record (IPDR) for Internet and GPRS service, and standardisation of parameters that will have to be stored by mobile phone companies….” The chapter also discusses proposals for the NATGRID and the Comprehensive Monitoring System.
Surveillance and Privacy Protection in Latin America
Authors: Bertoni Eduardo , Kurre Collin
Published: October 2017

This chapter covers surveillance and privacy protection in Latin America providing examples, principles, and suggestions. The first part offers an overview of governmental surveillance regulation through an analysis of existing legislation in Argentina, Colombia, Mexico, and Peru. It should be noted that this analysis merely seeks to identify trends in legal frameworks, rather than provide a comprehensive account of existing laws. Regulating state surveillance and creating a precedent of rights protection both off- and online is critical. To provide a more nuanced and updated understanding of how human rights should be protected online, the second part of this chapter examines several sets of principles that have been created by civil society actors, technical experts, and human rights specialists. The chapter compares those principles with the actual legislation in the four countries surveyed. Finally, the chapter concludes with some suggestions for future policymaking concerning communications interceptions and surveillance in Latin America.
Trust but Verify
Authors: Charney Scott
Published: October 2017

Broad government access to personal data held by the private sector, meaning access not tied to any specific account or person, is not acceptable, and it cannot be made acceptable through oversight or governance mechanisms. In considering the merits of bulk collection programs, it helps to have an overarching framework to decompose such programs into their component parts: actors, objectives, actions, and impacts. Although law enforcement and intelligence investigations vary in their objectives and methods, and governance models need to be tailored appropriately, several important principles apply to both. First, there should be no broad or unfettered access. Second, the process for accessing data should include appropriate oversight. Third, there should be transparency. Finally, in a globally connected world, it is important to think about the international implications of surveillance programs.
Introduction
Authors: Twarog Emily E. LB.
Published: October 2017

The introduction traces the involvement of working-class housewives in political action from the 1930s as their involvement in cost of living protests, such as meat boycotts, led to a complicated involvement in organized political action. Tracing the entrance of these women into the political sphere through the emergence of the conservative right, it argues that as housewives negotiated the intersection of their homes, labor, community, and the marketplace, they formed a unique political constituency group in the twentieth century, which failed to find cohesion with the second-wave feminism in the 1970s, which dismissed domestic politics that these women were engaged in because it was rooted in the traditional family model, viewed with suspicion by works like Betty Friedan’s The Feminine Mystique. This left a distinctive form of activism to pave the way for conservative women’s movement made famous by anti-feminist icon Phyllis Schlafly and the conservative watch group the Eagle Forum.
“Without Any Suspicion of . . . Communism”
Authors: Twarog Emily E. LB.
Published: October 2017

Chapter 3 picks up the story of the decline of women’s union auxiliaries as the CIO grew more conservative and many working-class families relocated to the suburbs. With the 1955 merger of the CIO and AFL, the militant and engaged CIO auxiliary structure struggled to survive as the AFL-CIO’s Committee on Political Education (COPE) Women’s Activities Department (WAD) began to encroach on auxiliary turf around the country. The chapter then shifts to tell the story of Esther Peterson’s work in the White House as the first special assistant to the president for Consumer Affairs. Focusing on her efforts to create a space for housewives to voice their concerns, Peterson was often met with roadblocks within a White House that exhibited little real concern for the American consumer.
Introduction
Authors: Jumet Kira D.
Published: October 2017

This chapter introduces the argument, situates the study in the theoretical literature, and outlines the path of the book. The chapter introduces key definitions and concepts, such as revolution, social movements, and rebellions. The chapter also demonstrates that individual decisions to protest are affected by structural factors and that emotions affect how people make decisions. By explaining the relationship between structural factors and rational choice decision-making, this chapter sets the stage for how political opportunities, mobilizing structures, and framing processes intersected with emotions to influence individuals’ decisions to either engage or not engage in collective action during the Egyptian Revolution.
Grievances against the Mubarak Regime
Authors: Jumet Kira D.
Published: October 2017

This chapter provides background for the 2011 Egyptian Revolution by highlighting the grievances of the upper and lower classes regarding economic factors, police brutality, and corruption. The purpose of the chapter is to explain why a large portion of the Egyptian population was unhappy with the Mubarak regime in the years leading up to the Revolution and where they attributed the blame for their plight. The chapter also demonstrates how social movement organizers frame grievances in a manner that leads to successful protest mobilization. Throughout the chapter, rich description and examples are provided based on field notes and interviews, including interviews with victims of police brutality, the economically deprived, individuals who were hurt by corrupt practices, and those who benefited from the Mubarak system.
Political Participation Online
Authors: Jumet Kira D.
Published: October 2017

This chapter presents a model of how individuals move from being nonparticipants to online participants to protesters on the street and how, by combining forces, opposition groups encourage non-group members to protest. The chapter explores the role of social media in protest participation, using interview data, tables, and models to demonstrate how sources of information affected individual mobilization leading up to the revolutionary protests. The chapter shows how Facebook facilitated the building of a politically conscious civil society leading up to the Egyptian Revolution, contributed to reinforcing grievances and mobilizing opposition to the regime, and lowered the threshold for engaging in political participation. In this chapter, new theoretical concepts, such as “online preference” and “revolutionary bandwagoning online,” are presented.
Grievances against the Morsi Government
Authors: Jumet Kira D.
Published: October 2017

This chapter outlines the individual grievances arising from political, economic, social, and religious conditions under the government of Mohamed Morsi that became the foundations of opposition to his rule. It focuses on democracy in Egypt, the 2012 presidential elections, and the expectations and promises put forth by Morsi. The chapter also covers popular perceptions of the Muslim Brotherhood and the Freedom and Justice Party, grievances surrounding electricity and gas, security and sexual harassment, Morsi’s speeches and representation of Egypt on the international stage, and Morsi’s political appointments. The chapter relies on interview data and fieldwork conducted in Egypt during the year of Morsi’s presidency.
The June 30th Coup
Authors: Jumet Kira D.
Published: October 2017

This chapter identifies the discrepancy between real and perceived political opportunities and the effect this gap had on political mobilization for the June 30th protests in Egypt. The chapter relies on interview data and fieldwork conducted during the 2012 anti-Morsi protests, the 2013 coup, the months following the coup, and at protests in Tahrir Square and at the Rabaa al-Adawiya sit-in. In addition to outlining the politics surrounding President Morsi’s 2012 constitutional declaration, the subsequent protests, and how the Tamarod movement mobilized mass protests against Morsi that took place on June 30, 2013, the chapter also presents the details and step-by-step process of the 2013 military coup. The chapter explains post-coup politics, including the designation of the Muslim Brotherhood as a terrorist organization, the military’s mobilization of the public against the Muslim Brotherhood, the Rabaa al-Adawiya massacre, the cult of General Abdel Fattah el-Sisi, and the 2014 constitutional referendum and presidential elections.
Smith and Anti-Mathematicism
Authors: Schliesser Eric
Published: October 2017

This chapter argues that in general Adam Smith is distinctly reserved about the application of mathematics to political economy and even other terrestrial sciences. Smith endorses a so-called containment strategy—that is, he restricts the application of mathematics to a fairly limited domain of enquiry. Smith was not alone in such a containment strategy: we find instances of it in Locke, Buffon (whom he admired), and Mandeville. Such a containment strategy is part of a wider trend of eighteenth-century “anti-mathematicism,” the expressed reservations about the authority and utility of the application of mathematical sciences. By treating Smith as instantiating such anti-mathematicism, this chapter deviates from the recent tendency of arguing that Smith meant to emulate Isaac Newton.
Is International Law International?
Authors: Roberts Anthea , Koskenniemi Martti
Published: October 2017

Is International Law International? takes the reader on a sweeping tour of the international legal academy to reveal some of the patterns of difference, dominance, and disruption that belie international law’s claim to universality. Both revealing and challenging, confronting and engaging, this book is a must-read for any international lawyer, particularly in a world of shifting geopolitical power. Pulling back the curtain on the “divisible college of international lawyers,” the author shows how international lawyers in different states, regions, and geopolitical groupings are often subject to differences in their incoming influences and outgoing spheres of influence in ways that affect how they understand and approach international law, including with respect to contemporary controversies like Crimea and the South China Sea. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the “international”—a point which holds true for Western actors, materials, and approaches in general, and Anglo-American ones in particular. But these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages international lawyers to see the world through others’ eyes—an approach that is pressing in a world of rising nationalism.
The BRICS and Collective Financial Statecraft
Authors: Roberts Cynthia , Armijo Leslie , Katada Saori
Published: October 2017

In the context of an ongoing global power shift, the largest emerging economies (China, Russia, India, Brazil) formed an exclusive and informal club called the BRICs. Subsequently joined by South Africa, the BRICS have exercised collective financial statecraft, defined as the use of financial and monetary policies by sovereign governments for the purpose of achieving larger foreign policy goals. This volume identifies four types of such financial statecraft, ranging from pressure for inside reforms of either multilateral institutions or global markets, to outside options exercised through creating new multilateral institutions or jointly pushing for new realities in international financial markets. The joint actions of the BRICS have been largely successful. Although each member has its own unique rationale for collaboration, the largest member, China, controls resources that afford it the greatest influence in intraclub decision-making. The BRICS hang together due to common aversions (resentment over being perennial junior partners in global economic and financial governance, resistance to infringements on their autonomy and dollar dominance) and common interests (obtaining greater voice in international institutions, such as the International Monetary Fund). The BRICS are neither revolutionaries nor shirkers. The group seeks reforms, influence, and leadership roles within the existing liberal capitalist global economic order. Where blocked, they experiment with parallel multilateral institutions in which they are the dominant rule-makers. The future of the BRICS depends not only on their bargaining power and adjustment to market players, but also on their ability to overcome domestic impediments to the sustainable economic growth that provides the basis for their international positions.
Secret Societies in Ancient Judaism
Authors: Stone Michael E.
Published: October 2017

This chapter deals with the sources available for knowledge of Jewish esoteric groups, distinguishing between “insider” and “outsider” sources. The Essenes and the Qumran covenanters as a secret society are introduced. The keeping of secrets in the Greco–Roman world and the consequent importance of archaeology in discovering these secrets are briefly discussed. Typical features of secret societies are given: gradual initiation and limitation of membership, hierarchical organization with different levels, and stages of admission to the special knowledge. The main categories are “secret–open,” not “sectarian–normative,” as in previous studies. Analogous secret cults in the Greco–Roman world are also listed.
Other Secret Jewish Groups and Traditions
Authors: Stone Michael E.
Published: October 2017

We look at some of the other secret groups in Second Temple Judaism: magicians, schools of magic and divination, priestly craft societies, and Hasideans. The possible connections of ultra-pietist groups mentioned in Rabbinic sources to the Essenes is noted, but regarded as unproven. Ḥāburôt and their possible Qumranite connections. The extreme concern with ritual purity is common to many groups. The possible debt of the Karaites to the Qumranite tradition is discussed and traditions about discovery of books in caves. The origin in such a discovery of the text transmitted WQQ by the Geniza copies of the Damascus Document is considered. The role of ritual purity in very many of known Second Temple period social groups is examined. Is it possible for human ability to comprehend the Divine? What mysteries, if any, did the ancient texts reveal? The differences and similarities among these texts are explored.
Post-Conviction DNA Testing, Actual Innocence, and Cold Cases
Authors: Becker Steven W.
Published: October 2017

The article addresses the dramatic impact that post-conviction DNA testing has had on the criminal justice system in the United States, not only in effecting the release of innocent prisoners who have been wrongfully convicted but also with respect to the perception of the court system itself in terms of the seeming tension between seeking justice and honoring the finality of judgments. An overview of post-conviction DNA testing statutes in the United States is provided, including a description of the elements generally required to secure such testing, a survey and comparison of various provisions in state statutes, and a brief treatment of innocence projects. The article concludes with a detailed discussion of three DNA cases personally litigated by the author—two criminal cases, one involving a murder and the other a rape, and one forty-year-old cold case—with the purpose of providing real-life guidance from a practitioner’s perspective.
The WTO Appellate Body and the TRIPS Agreement
Authors: Gervais Daniel
Published: October 2017

This contribution reviews the role of the World Trade Organization’s (WTO) Appellate Body—a part of its dispute-settlement mechanism—in interpreting the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). It discusses, first, the way in which the Appellate Body functions when compared to a common law jurisdiction or a general or specialized domestic court. The contribution then turns to the three disputes concerning the TRIPS Agreement that have reached the Appellate Body since 1995, and the five cases filed against Australia challenging plain packaging measures targeting tobacco products. The primary purpose of the contribution is not to discuss those cases individually in detail but rather to offer a perspective on how the Appellate Body might play a greater role in building the interface between the rules and standards contained in the TRIPS Agreement, and those contained in international law outside the WTO.
Untangling Entanglement
Authors: Zelinsky Edward A.
Published: October 2017

This chapter begins the transition from empirical to normative concerns, explaining and evaluating the diverse pattern of taxing and exempting churches and other religious institutions. Entanglement concerns help to explain this diversity. This chapter identifies which taxes carry the greatest (and least) threat of church-state entanglement. It also discusses why entanglement should be an important consideration when deciding to tax or exempt religious institutions. Either taxing or exempting churches and sectarian entities involves entanglement. Central to this discussion are such tax policy criteria as revenue, administrability, valuation concerns, taxpayer liquidity, public acceptability, and economic neutrality. The federal and state tax systems do a reasonable job of taxing churches where the possibilities for enforcement entanglement are least and of exempting churches where the prospects for enforcement-related entanglement are greatest. Our federal system of decentralized legislative decision-making works reasonably well to make the imperfect trade-offs inherent in taxing and exempting religious entities.
Other Issues for the Future
Authors: Zelinsky Edward A.
Published: October 2017

This chapter addresses another continuing controversy, the Internal Revenue Code’s restrictions on the political activity of churches. In this context also, there are contestable trade-offs among legitimate and competing values. Among the most important of these is minimizing church-state entanglement. To advance this value, this chapter proposes a statutory safe harbor protecting churches’ internal communications. While the first part of this chapter proposes to loosen an existing tax-related constraint on churches, the second part identifies an area where additional taxation of churches is sensible: Sales taxes should apply more broadly to churches’ purchases and sales since cash transactions carry less danger of church-state entanglement.
Renovating the Stage: Companies, Actresses, Repertoire, Theatre Innovations, and the Touring Companies
Authors: Ezell Margaret J. M.
Published: October 2017

Within three months of Charles II’s return, the London theatres were reopened, with two companies granted royal patents. Thomas Killigrew formed the King’s Company, and William Davenant the Duke’s Company. Initially the repertoire consisted of pre-war plays, with those of Shakespeare, Beaumont, and Fletcher popular. Regular theatre-goer Samuel Pepys recorded his approval of the new actors such as Thomas Betterton, Edward Kynaston, and Charles Hart, and actresses including Nell Gwyn and Elizabeth Barry. The companies invested in new theatres incorporating continental designs for proscenium arches, scenery, and effects at the Theatre Royal in Drury Lane, Lincoln’s Inn Fields, and Dorset Garden. Dramatists providing new plays included John Dryden, Thomas Shadwell, Aphra Behn, William Wycherley, and George Etherege.
Enacting Libertinism: Court Performance and Literary Culture
Authors: Ezell Margaret J. M.
Published: October 2017

The behaviour of Charles II’s court soon scandalized many observers with its open disregard for moral and social propriety. Young men seeking influence at court, including John Wilmot, the Earl of Rochester, Charles Sackville, Lord Buckhurst, and Sir Charles Sedley, asserted aristocratic privilege to behave as they pleased in public as they competed for attention from Charles II. They were prolific poets and satirists who also wrote for the public stage. Rivalling them were the King’s many public mistresses, from the most powerful Lady Castlemaine, to actresses including ‘Moll’ Davies and Nell Gwyn, who all bore numerous illegitimate offspring, whom Charles openly supported. The court wits wrote satires and lampoons not only on each other and the court women, but even the King himself, causing temporary imprisonment for some.
Creating Science: The Royal Society and the New Literatures of Science
Authors: Ezell Margaret J. M.
Published: October 2017

An overview of the founding of the Royal Society of London and early members, including Robert Hooke, Isaac Newton, John Wilkins, Robert Boyle, and Henry Oldenburg, who first published the Philosophical Transactions. In addition to the creation and improvement of scientific instruments, including microscopes and telescopes, as recorded by their historian Thomas Sprat, the members of the Royal Society wished to create a language of science free from distorting images and metaphor and to base science on empirical experiments and direct observation. Although challenged by many for promoting an atheist understanding of the natural world, members such as Robert Boyle defended science as complementary with theology. The Society promoted publications and established networks of scientific correspondence to include members outside London and on the Continent.
‘Adventurous Song’: Samuel Butler, Abraham Cowley, Katherine Philips, John Milton, and 1660s Verse
Authors: Ezell Margaret J. M.
Published: October 2017

The decade after the Restoration saw the publication of several important works and collections of verse. Samuel Butler’s mock-heroic Hudibras satirized the civil war conflict, and although Abraham Cowley’s reputation was at its height, he lamented in his Pindaric odes the lack of reward and recognition for his hardships in the service of the royal family in exile. Katherine Philips’s poems were printed without her consent, and she was preparing an authorized edition when she died from smallpox. John Milton published his epic poem Paradise Lost in 1667, divided in 1674 to form twelve books, followed by Paradise Regain’d and Samson Agonistes in 1671.
Seen on Stage: English Operas, the Female Wits, and the ‘Reformed’ Stage
Authors: Ezell Margaret J. M.
Published: October 2017

The final decade of the century saw changes and challenges to the London commercial stage, including Jeremy Collier’s attack on it for profanity and immorality. Dramatists including Dryden, Congreve, and Southerne defended their writings as promoting good morality, while a group of female dramatists comprising Mary Pix, Delarivier Manley, and Catharine Trotter became a target of satire, referred to as the ‘Female Wits’. Audiences were increasingly interested in new forms of plays called ‘operas’ that required more singers, dancers and stage effects.
Debates between the Sexes: Satires, Advice, and Polemics
Authors: Ezell Margaret J. M.
Published: October 2017

The nature of the female sex and roles of women in the family were being increasing debated by both male and female writers. Satires against marriage, fashions, and women’s perverse natures by male writers such as Robert Gould triggered defences of the female sex by women writers including Mary Astell, Bathsua Makin, Sarah Figes, Anne Finch, Judith Drake, and Mary More. These women focused on the need for women’s education and their legal situation within marriage.
Laws Regulating Publication, Preaching, and Performance, 1700–1714
Authors: Ezell Margaret J. M.
Published: October 2017

After the lapse of the Licensing Act in 1695, the amount of literary periodicals and propaganda created to influence elections notably increased for both pro- and anti-government sentiment. Richard Steele, John Tutchin, Delarivier Manley, and Daniel Defore, all were charged at different times for seditious libel for their political writings. Because of a proliferation of pirated editions, the desire of authors to control their works through copyright resulted in the Act for the Encouragement of Learning in 1709, while the 1712 Stamp Act targeted newspapers and pamphlet publications in an indirect form of censorship. The trial of Henry Sacheverell for preaching and publishing against the Toleration Act created intense interest and prompted further publications.
Frontex: Joint Maritime Interdiction of Undifferentiated Flows—Operationalizing Pre-emptive Controls
Authors: Moreno-Lax Violeta
Published: October 2017

Until the foundation of Frontex (and the current EBCG), operational border management was subject to limited inter-governmental cooperation between the Member States. Therefore, the introduction of a supranational structure for the coordination of control and surveillance activities constitutes a crucial development. The agency has undergone profound changes, reflected in a substantial expansion of funds, human resources, and powers since becoming operational back in 2005. This chapter analyses the structure, role, and functioning of the current European Border and Coast Guard (as Frontex is now named). Special attention is paid to joint maritime operations carried out under the auspices of the agency, either by the Member States alone or in cooperation with third countries. These activities involve the detection and interdiction of persons at sea with important ramifications for their fundamental rights related to access to protection. The impact of these initiatives on refugee flows is specifically addressed in a separate section.
The EU Right to Asylum: An Individual Entitlement to (Access) International Protection
Authors: Moreno-Lax Violeta
Published: October 2017

This chapter analyses the right to asylum enshrined in Article 18 CFR and its relevance in relation to access to international protection in the EU. It sets out the origins and evolution of the notion. The chapter shows the impact of the CSR51 and the ECHR on the classic understanding that the right of asylum is a matter exclusively belonging to the sovereign. The rights to leave any country and to seek asylum implicit in those instruments are assessed, together with the principle of proportionality and the limits it imposes on State discretion, and the intersection with the absolute prohibition of refoulement. The ‘right to gain effective access to the procedure for determining refugee status’ established by the Strasbourg Court as well as developments within the Common European Asylum System are also given attention. Comparisons are made with the approach adopted by the CJEU in the areas of free movement, legal/illegal migration, and EU citizenship. This serves as a basis for the clarification of the meaning of the right to (leave to seek) asylum inscribed in the Charter that Member States must ‘guarantee’ and its implications for mechanisms of ‘integrated border management’.
The Combined Effect of Copyright and Restrictive Licensing Provisions
Authors: Shemtov Noam
Published: October 2017

This chapter examines the combined effects of copyright and restrictive licensing provisions on the use of software and software products. It begins by discussing the effect that copyright law, in combination with restrictive licensing provisions, may have in relation to software products or services. It then illustrates that from a copyright-centric perspective, the effect often results in an outcome that stands in contradiction to the objectives and social function of copyright law. It then considers the US copyright-misuse doctrine and the ‘function’ of intellectual property rights as actual and potential means (respectively) to regulate the manner by which copyright law may be exercised in this context. It concludes with an examination of the concept of prohibition against abuse of rights in the European Union, and its potential to become a general principle of community law, which may assist courts to mitigate the combined effect of copyright and restrictive licensing provisions.