bluuebunny/crossref_metadata_2025 huggingface dataset:
Introduction The Administrative State and Capitalism
Authors: Pritchard A.C. , Thompson Robert B.
Published: March 2023

This chapter introduces the Court’s varying approaches to securities law through a focus on two justices who brought sharply divergent views to the subject. For decades, Professor Felix Frankfurter had been an advocate for the role of administrative expertise in taming the excesses of big businesses in a newly national economy. The professor would become a trusted advisor to Franklin Delano Roosevelt, using his influence to lobby for a series of laws aimed at taming the power of Wall Street. He was a key figure in the drafting of the three securities statutes enacted in Roosevelt’s first term. Lewis Powell, by contrast, rose to prominence in his native Richmond by steadily building a practice as a corporate lawyer during the decades following the New Deal. Powell’s advocacy on behalf of his corporate clients gave him faith in the integrity of American businessmen and the free enterprise system, and a corresponding skepticism of overreaching by the SEC. The stark contrast in attitude between these two justices would be reflected in very different results in the Court’s securities cases during their respective tenures. Much of the history of securities law at the Supreme Court can be understood against the backdrop of the rise and fall of these two approaches.
Social Control of Finance
Authors: Pritchard A.C. , Thompson Robert B.
Published: March 2023

Chapter 2 focuses on William O. Douglas’s tenure as the third chair of the SEC to implement the New Deal agenda of social control of finance. Douglas took on the entrenched power brokers of the New York Stock Exchange, aggressively enforced PUHCA to break up public utilities, and reduced the influence of Wall Street bankers and lawyers in business reorganizations. A second core thread in this chapter is the development and implementation of a litigation strategy to defend the new legislation before a hostile Supreme Court. The effort was led by Ben Cohen and others that Felix Frankfurter had brought into government, joining a stellar advocacy team that included future justices Stanley Reed and Robert Jackson.
Invitation
Authors: Schenck David , Neely Scott
Published: March 2023

Much attention is currently being focused on people serving on healthcare’s front lines. These discussions are often framed by the terms “burnout” and “moral distress,” which certainly point to very real experiences. But by themselves they may not help caregivers and medical personnel grow into the deeper ranges of healing skill and compassionate awareness that are possible, unless supplemented with other constructs and insights. This book invites readers into a conversation about the vocation of healing and its spiritual dimensions. This approach is designed to help the provider understand and appreciate the roots and possibilities of the healing vocation. The book has three primary audiences: (1) those in healthcare struggling with moral distress and burnout; (2) those working with intense, at times extreme, suffering in intensive care units, emergency departments, hospices, and safety-net community agencies; and (3) people curious or concerned about those working in such settings—partners, families, and colleagues.
Honing the Exercises
Authors: Schenck David , Neely Scott
Published: March 2023

The five dialogues presented in Part II invite readers to join in the continuous exploration of what healing is and how they can sustain one another as healers. These conversations were held between the author, David Schenck, and his collaborator, Scott Neely. They explore more fully skills involved in finding the other side of burnout, as well as the spiritual dimensions of the healing vocation. Dialogue allows one to practice the skills of attentive listening and apposite sharing. In dialogue, partners accompany one another into ever-evolving, ever-deepening understanding. The dialogues in Part II remind readers that the conversation continues, that learning never ends, and that they are not alone.
The Exercises as Spiritual Disciplines
Authors: Schenck David , Neely Scott
Published: March 2023

The five dialogues presented in Part II invite readers to join in the continuous exploration of what healing is and how they can sustain one another as healers. These conversations were held between the author, David Schenck, and his collaborator, Scott Neely. They explore more fully skills involved in finding the other side of burnout, as well as the spiritual dimensions of the healing vocation. Dialogue allows one to practice the skills of attentive listening and apposite sharing. In dialogue, partners accompany one another into ever-evolving, ever-deepening understanding. The dialogues in Part II remind readers that the conversation continues, that learning never ends, and that they are not alone.
Bach and Sons in the Jewish Salon Culture of Nineteenth-Century Berlin
Authors: Marissen Michael
Published: March 2023

This chapter relates how at Sara Levy’s nineteenth-century Berlin salons, men and women, Jews and Christians, aristocrats and bourgeois, all gathered to drink tea and eat finger food; engage in convivial conversation about literature, art, philosophy, and politics; and hear performances of instrumental music composed by Johann Sebastian Bach and his sons. The chapter, further, suggests that Levy’s programs consisted mostly of serious but somewhat “abstract” types of music, repertory that as a rule was without emphatic religious, social-class, or gendered associations, and that such intellectually satisfying and emotionally sanguine art as this must have seemed perfectly fitting and appealing in the context of the optimistic Enlightenment ideals of the illustrious Jews and Christians known to have attended her events.
The Serious Nature of the Quodlibet in Bach’s Goldberg Variations
Authors: Marissen Michael
Published: March 2023

This chapter presents new discoveries about the ostensible merry old German folk-song sources for the Quodlibet from Johann Sebastian Bach’s Goldberg Variations. From new evidence found in art, opera librettos, printed sermons, and older German dictionaries, it argues that Bach, by having in truth combined not two puerile folk songs but rather one particular hymn and one particular folk song, wrote the work not as jokesome entertainment or as self-expression but as an act of premodern Lutheran tribute to the heavenly and earthly realms of God. In the Goldbergs Quodlibet, the suprapersonal spheres of the “secular” and the “sacred” were put forward together in an all-embracing harmony.
How Much Inequality Is Acceptable?
Authors: Malleson Tom
Published: March 2023

This chapter outlines the argument that there should be a maximum wage, drawing on the work of Ingrid Robeyns on “limitarianism,” which is the doctrine that it is immoral for the rich to possess too much wealth. It is not necessarily intrinsically bad to be a rich person (depending on how the wealth was acquired), but a society which allows individuals to accumulate tremendous wealth leads to unjust consequences. The chapter argues that society should impose maximum limits on income and wealth because having too much wealth is a major problem for society for two principal reasons. First, the rich undermine democracy. Second, the rich privately appropriate the resources that are desperately needed for other things, such as providing basic needs, essential opportunities, green investment, and economic security to reduce xenophobia and populism. Not only are such limits ethically necessary, they are also practically feasible. Ultimately, coherent egalitarianism embodies limitarianism.
The Baseline
Authors: Cheon Andrew
Published: March 2023

This chapter shows that commercial interests, as well as political ones, drive the global expansion of NOCs. First, rising oil prices encourage NOC outward investments by increasing the perceived commercial benefits of NOC outward investments: While NOCs from oil importing countries see an opportunity to seize a greater share of production abroad as the price of oil increases, NOCs from oil exporting countries leverage additional revenues to expand markets for their crude. The chapter’s statistical analysis finds a robust association between oil prices and upstream NOC outward investments among oil importing countries and a similar association between oil prices and downstream NOC outward investments among oil exporting countries. Second, concerns about energy security can also encourage NOC outward investments, as countries seek out additional sources of fuel supply as an insurance against potential interruptions. The chapter’s statistical analysis finds an association between foreign oil dependence and NOC outward investments in the upstream segment.
Bureaucratic Competition in China and India
Authors: Cheon Andrew
Published: March 2023

Despite their differences in regime type, common themes emerge in the comparison of China and India. As oil importing countries, China and India sought energy security in 2000–2013 through NOC investments, but their NOCs were not always faithful in carrying out this mandate. Bureaucratic competition created an institutional landscape that encourages counterproductive NOC behavior, which undermines the national interest or NOCs’ own commercial viability. Bureaucratic competition and the autonomy it encourages for the agent can explain NOC behavior, such as keeping ministers and bureaucrats in the dark and competing against other NOCs from the same country for foreign assets. The dismantling of their respective energy ministries can be traced to priorities originating outside their respective energy sectors. This lends credibility to the conjecture that oil scarce countries are more likely to allow bureaucratic competition, since the leadership incentive to centralize oil revenues for political survival is absent.
The Complicated Case of Russia
Authors: Cheon Andrew
Published: March 2023

In the early 2000s, Russia experienced a major expansion of the state sector, as well as the growing influence of factions, informal networks of power within the Kremlin that have directly involved themselves in the management of Russia’s flagship NOCs, Rosneft and Gazprom. The Russian case stretches the book’s theoretical argument to its limit because it is difficult to draw a clean distinction between national and bureaucratic politics. Its bureaucracy also has characteristics of both designated principal and bureaucratic competition: While an energy ministry and a regulatory agency formally exist, NOC management authority rests with the factions. By cannibalizing bureaucratic institutions and bending regulations to strengthen their preferred NOCs at the expense of their competitors, the factions have set a precedent for rewarding NOCs on the basis of their own parochial interests rather than commercial viability or the national interest.
The Grammar of Multiple Head-Movement
Authors: Branigan Phil
Published: March 2023

The concept of head-movement plays a central role in transformational analysis and comparative syntax. The research reported here resolves the problem of head-movement with a model which integrates the phenomenon of multiple head-movement. It is shown that head-movement involves two distinct components: a feature valuation operation which takes place within the core syntax at the phase level, and a substitution transformation which operates as a part of the externalization process, forming complex words from atomic roots and affixes. Evidence which supports this new theoretical model is provided with case studies in a number of languages, including detailed examinations of the verb prefix system in Russian and the tripartite morphological structures in Innu-aimûn. The resulting analyses resolve a host of problems in Slavic and Algonquian grammatical studies. Slavic grammars exploit multiple head-movement in structures where T and participial suffixes attract prefixes before they attract verb stems. This approach eliminates bracketing paradoxes and clarifies the relationship between verb raising, ellipsis, and adverb placement. Algonquian grammars employ multiple head-movement throughout the grammar, so that all affixal functional heads can attract multiple heads to them. This analytic result offers a simpler, more comprehensive overall picture of how complex words in such polysynthetic languages can be derived from familiar underlying syntactic structures. Finally, the implications of these results for the theory of language typology, parameters, and language learnability are presented.
Multiple head-movement in Russian
Authors: Branigan Phil
Published: March 2023

The model of multiple head-movement presented here is employed to provide a simpler, more explanatory account of the system of verb prefixes in Russian and other Slavic languages. In this approach, morpho-syntactic structures are produced which are free of bracketing paradoxes in allomorphy and the yer phonology. The role of prefixation in the expression of complex aspectual meanings is clarified in the process. Specific technical questions in the analysis of secondary imperfectives, phase verbs, motion verbs, and the distribution of lexical, intermediate, and superlexical prefixes are resolved.
Parameter setting with multiple head-movement
Authors: Branigan Phil
Published: March 2023

Theories of grammatical parameters and learnability must explain how the limited data in the linguistic environment of a child is used to establish a mature grammar. The case studies of multiple head-movement in the preceding chapters offer a new perspective on this process. These patterns indicate that learnability theory must allow parameters to be set to apply at different degrees of generality within a grammar. A novel learning algorithm is presented which can provide this result.
Survival Strategies of Older Adults in the Manipuri Community in Bangladesh
Authors: Das Tulshi Kumar
Published: March 2023

The Indigenous Manipuri community is located in the northeastern area of Bangladesh. Older adults in the Manipuri community experience hardship for many reasons, including insufficient support from social safety net programs, lack of modern health care facilities, unemployment, and loneliness. This chapter is based on a study that investigated the kinds of difficulties older adults of the Manipuri community confront in their everyday lives and the coping strategies they adopt. The results show that to cope with difficulties, older adults adopt strategies such as launching small businesses, taking part-time jobs, engaging in agricultural activities, and seeking and receiving help from their relatives and neighbors during emergencies. The chapter also discusses how older adults fight all odds to stay with their married sons, buying medicine from the pharmacy without a doctor’s prescription, becoming religious, and mores.
Continuity, Connectedness, and Community
Authors: Crouch Maria , Rosich Rosellen
Published: March 2023

The Alaska Native (AN) life cycle is circular and fluid, with each aspect explaining and informing the process of aging within one’s context and understood through concepts of quality of life, successful aging, and life span development. This is particularly critical given the changing social, familial, and cultural structures of the AN context, beginning at colonization and persisting to the present. Holistic, strengths-based, and indigenized approaches to aging and caregiving are imperative to unraveling the systemic, community, and group stigma and marginalization, while simultaneously underscoring the resilience and power of AN cultural models of aging well. This chapter discusses research findings based on a grounded theory approach that was used to understand AN Elder perceptions of memory and views on aging through a wisdom-based, cultural framework. A purposive sample of 12 Alaska Native Elders were interviewed, and qualitative analyses revealed eight overarching and interconnected themes. These themes are inextricably linked to cultural group identity, collectivism, and a spiritualized view of eldership embedded in the AN life cycle. Conceivably, life span developmental theories may provide foundational tenets for the AN life cycle, thus providing a framework to enhance and expand an explanatory and culturally based theoretical framework for understanding aging as a process from birth to the grave and beyond.
Shared Roles and Responsibilities of Older Adults in Jaffna, Sri Lanka
Authors: Sivakumaran Shamila , Jeevasuthan Subramaniam
Published: March 2023

This chapter focuses on a qualitative study with 20 older adults and their family members who are from different economic backgrounds in Jaffna District in northern Sri Lanka. The participants were members of the Church of American Ceylon Mission of Sri Lanka. This study was conducted to shed light on the unacknowledged roles and contributions of older adults in a Sri Lankan Tamil Indigenous community. It is significant that Indigenous older adults contributed to the well-being of their families and communities in many ways but were rarely recognized and appreciated by the younger generation. Due to the impact of globalization, Indigenous family systems are changing, and a nuclear family system is being adopted. The study showed that the Indigenous elderly contributed to their families by looking after their grandchildren and taking on responsibility for household chores. Some of the older persons financially supported their children by giving some or all of their pensions to them. Some participants stated that they sold their own properties to support their adult children. Their children believed that in their community, looking after the grandchildren is traditionally performed by grandparents. The adult children, reported older adult participants, did not value their parents’ contributions because they believed that their parents depended on them.
Narrating India in/and the World
Authors: Abraham Itty
Published: March 2023

In contrast with its postcolonial “narratives of the global” aiming at the realization of an anti-colonial and non-nuclear One World, India appeared in the past three decades to have favored more familiar precepts of power and influence, notably via its 1998 decision to declare itself a nuclear state. The liberal and secular legacy of Gandhi and Nehru has apparently also given way to the rise of an illiberal domestic social movement seeking to identify India as a Hindu majoritarian nation. Such an account, however, overlooks the complexity of both the origins and the relative influence of dominant streams of thinking about India and the world. It also obscures the deeply ambivalent relations of India with the world, mixing desire and outrage, and where the idea of (a great) civilization has been a primary axis of reference. The ambivalence also reflects an unresolved tension between global and territorial/national claims.
Bucking the Buck
Authors: McDowell Daniel
Published: March 2023

The US dollar is the world’s indispensable currency. The dollar’s preeminent status gives the United States enormous coercive powers which it flexes in the form of financial sanctions to punish its adversaries. Over the last twenty years, Washington has relied on financial sanctions with greater and greater frequency. Bucking the Buck argues that the more the United States wields the dollar as a weapon of foreign policy, the more its adversaries will move their international economic activities into other currencies to avoid Washington’s coercive reach. Through a combination of case studies and statistical analysis, the book establishes a relationship between US financial sanctions and the rise of “anti-dollar” policies, which are designed to reduce an economy’s reliance on the US currency. Though some anti-dollar policies fail to achieve this goal, McDowell’s analysis indicates that in many cases they are successful. Patterns of “de-dollarization” following sanctions are clear. In some cases, the anticipation of future sanctions may provoke similar policy measures. Though McDowell does not conclude that sanctions threaten the dollar’s status as the world’s key currency, the potential consequences of sanctions overuse remain important. Most notably, the use of sanctions may, over time, weaken their effectiveness as US adversaries develop systems and methods to minimize costs associated with such measures. If the United States wishes to preserve the potency of financial sanctions and protect the dollar’s dominant position in the world economy, Bucking the Buck argues that Washington’s approach to sanctions use should become more discerning.
Financial Sanctions and the Dollar’s Rivals
Authors: McDowell Daniel
Published: March 2023

Chapter 7 explores whether US sanctions incited potential rivals to further internationalize their national currencies, focusing on the two economies that present the greatest possible challenge to the dollar’s pre-eminence: the European Union (EU)/the euro, and China/the renminbi. Historically, the EU has done little to actively promote the euro’s global popularity. China has pursued contradictory policy paths, implementing some measures aimed to internationalize the renminbi alongside others that stunted its international appeal. Yet, as Washington enacted sanctions more frequently, both economies developed a new perspective on the value of issuing international currencies. The calculus they use to determine the costs and benefits of currency internationalization expanded to include the political risks of dollar dependence. That may tip the scale in favor of a more robust set of policies designed to weaken the dollar’s grip on their economic relations and, in turn, the world economy.
Act I—Before the Storm, 1981–1985
Authors: Nathanson Constance A. , Bergeron Henri
Published: March 2023

The next three chapters under the broad label “Blood Stories” are crisis narratives. They tell the stories of HIV contamination of the blood supply, of how it became a full-blown political crisis in France (and not in the United State), and of the social mobilization of the afflicted (principally hemophiliacs but in France transfusees as well). Chapter 3, “Before the Storm,” is about the pathways to discovery of the AIDS/blood connection in each country, initial uncertainties and controversies around this connection (did it exist at all, how dangerous was it and to whom, strategies for prevention), the actors that emerged in each country as major players in the AIDS/blood drama, and the meanings attributed to the disease itself and to its victims. A key difference between the two countries was the active role of organized gay physicians at the national policy table in the United States and their absence as policy actors in France.
Litigation
Authors: Nathanson Constance A. , Bergeron Henri
Published: March 2023

Chapters 6 through 8 are labeled Blood Epistemology. Epistemology is defined as the nature and grounds of knowledge especially with reference to its limits and validity. These chapters examine and compare how various parties (courts, official commissions, political bodies, the press, academics) in the two countries framed what was known about HIV in the blood supply, when it was known, the limits and validity of that knowledge, and who (if anyone) among the multiple actors in this drama was responsible—for knowing and for acting on that knowledge. This chapter focuses on the courts. It begins with the trial of French blood bank and public officials in the summer of 1992 that was a public spectacle from its outset. Ironically, the blood bank officials were convicted under a theory of product liability that required defining blood as a consumer product, in direct contradiction to the French conception of blood as entirely outside the market. For reasons this chapter details, few court cases in the United States came to trial and almost none were successful.
Conclusion
Authors: Nathanson Constance A. , Bergeron Henri
Published: March 2023

The book concludes with three sets of reflections: first, on the long-term consequences of the blood scandal in France; second, on the reach of the proposed conceptual framework; and third, on the contingent politics of epidemics. The blood crisis produced massive change in French conceptions and practices of public health but left its closed and highly centralized policymaking regime essentially intact. Turning to the United States, we test the framework for the production of crisis by using it to account, first, for the absence of crisis in 1972 when the blood system was first on the public agenda and, second, for the AIDS crisis in 1990 that led to passage of the Ryan White Act. Finally, the chapter reflects on the blood crisis as political drama drawing on Charles Rosenberg’s “What Is an Epidemic?” published at the peak of the AIDS epidemic in 1989.
Racial Realism and Essentialism
Authors: Devitt Michael
Published: March 2023

What is “racial realism”? I distinguish a taxon issue from a category issue. I take both issues to be about whether kinds are explanatory. Looking to biology, I argue that Racial Taxon Realism is clearly true. There are infraspecific kinds, differing in minor ways, that biologists often call “races”. These kinds are biologically explanatory in virtue of having part intrinsic and part historical essences This doctrine extends to humans. Turning to Racial Category Realism, I reject the objection that the alleged biological races are not “worthy of the name” ‘race’. The more serious objection is that the category Race is not explanatory. If it is not, it is in the same boat as the higher Linnaean categories. I argue that all of these categories are “minimally” explanatory in marking out, in a rough and ready way, levels in the taxon hierarchy.
The Matter of Consciousness
Authors: Alter Torin
Published: March 2023

This book defends Frank Jackson’s knowledge argument against physicalism. According to physicalism, consciousness is a physical phenomenon. The knowledge argument stars Mary, who learns all objective, physical information through black-and-white media and yet acquires new information when she first sees colors for herself: information about what it is like to see in color. Based partly on that case, Jackson concludes that not all information is physical. The book argues that the knowledge argument succeeds in refuting all standard versions of physicalism: versions on which consciousness is grounded by what objective science reveals. It also argues that given further, plausible assumptions, the knowledge argument leads to Russellian monism, on which there are intrinsic properties that both constitute consciousness and underlie properties physics describes, such as mass and charge. It explains how the knowledge argument establishes those two conclusions and defends the argument against numerous objections.
Phenomenal Knowledge without Experience
Authors: Alter Torin
Published: March 2023

This chapter defends the premise that Mary gains knowledge when released from the black-and-white room from an objection presented by Dennett and Mandik. They argue that the intuition driving that premise derives from the mistaken assumption that knowing what it is like to see in color requires having color experiences. But that intuition does not derive from that assumption. To suppose it does is to miss the key role of a priori deducibility in the knowledge argument. The epistemic gap has the form one cannot learn Q in way Wd (viz., by deduction from physical information), not the only way to learn Q is in way We (viz., by having relevant experiences).
The Supervenience Requirement on Physicalism
Authors: Alter Torin
Published: March 2023

This chapter defends the knowledge argument’s third main step: the inference from the modal gap to a corresponding ontological gap. It argues that physicalism requires that the physical grounds the mental, which in turn requires that the physical necessitates the mental. Then it defends that argument against objections due to Zhong, Montero, and Brown. According to Zhong, ontological dependence is like causal dependence: such dependence relations can obtain in the absence of necessitation. In response, the chapter argues that Zhong’s analogy is inapt. It then turns to hypothetical scenarios in which, it is claimed, ontological dependence obtains without necessitation. Zhong, Montero, and Montero and Brown each make versions of that claim. However, each version rests on mistakes. Zhong’s version commits an equivocation fallacy. Montero and Brown fail to account for the fact that physicalism is a version of monism—and they make unwarranted assumptions about the modal relationship between fundamental physics and higher-level sciences.
Two Final Objections
Authors: Alter Torin
Published: March 2023

This chapter considers two final objections to the knowledge argument: one based on Quinean considerations; and one based on combining different objections. The Quinean strategy has versions that correspond to familiar strategies. The chapter argues that those versions face many of the same problems as their non-Quinean analogues, and that Quinean doctrines supply physicalists with no new resources for solving those problems. The chapter also argues that the prospects for hybrid strategies are poor. The hybrids that have been attempted have not proven any more viable than their component strategies, and there is no reason to think any alternative hybrid will fare better.
Imperium and Dominium
Authors: Desautels-Stein Justin
Published: March 2023

Chapter 1 introduces the structure of liberal legal thought through exemplary works from Thomas Hobbes and John Locke. It explores the grammatical base of liberal legalism, including the theses of individual right, social control, and naturalizing juridical science. The chapter then moves on to the legal concept of sovereignty and the role of the right to exclude in the constitution of that concept. The discussion highlights the doubled aspect of the right to exclude, examining the sovereign’s twin rights of imperium and dominium.
On the Ideological Threshold
Authors: Desautels-Stein Justin
Published: March 2023

Chapter 7 discusses the transition point between a mature modern racial ideology and the contemporary structure of postracial xenophobia. This point of passage is notable for the dominant hold on antiracist sensibility by a colorblind antidiscrimination principle, and the rise of human rights instruments like the International Convention on the Elimination of Racial Discrimination (ICERD).
The Structure and Main Features of the Austrian General Administrative Procedure Act (AVG)
Authors: Storr Stefan
Published: March 2023

The Austrian General Administrative Procedure Act (Allgemeines Verwaltungsverfahrensgesetz—AVG 1925) came into force in 1925 to modernise the outsized Austrian bureaucracy initially founded for a multi-ethnic State but abundant for the Austrian Republic after 1919. The AVG 1925 was the first administrative procedure law worldwide. It is still in force today, shapes the Austrian administrative system, and serves as a model for administrative procedure laws of many other countries. The Austrian legislator developed the previous jurisprudence of the Austrian Supreme Administrative Court on the requirements for the legality of administrative proceedings (1890–1910). The idea was to create uniform, pragmatic procedural rules throughout Austria. Thereby it was essential to shape the administrative procedure to be as simple as possible and to respect the rights of parties. This chapter focuses on and explains the development of several legal principles such as the ex officio principle, and principles of determining the proceeding by authority, efficiency, rapidity, substantive truth, the free judgement of facts, and the right to be heard.
Administrative Procedure Legislation in Czechoslovakia
Authors: Potěšil Lukáš , Křepelka Filip
Published: March 2023

The chapter analyses the influence of the Austrian model on administrative procedure in Czechoslovakia. The new republic emerged after the collapse of Austria-Hungary in 1918. Similar developments—enactment of the code of administrative procedure as government regulation in 1928 were more the continuation of practices and theories than inspiration abroad, despite apparent attention to developments in Austria. Interwar Czechoslovakia also established an administrative judiciary, with the Supreme Administrative Court relying on partial personal continuity and retained expertise. The situation changed significantly after the Second World War. The Czechoslovak Communist regime intentionally abandoned legal traditions when enacting new laws, presented as a new Socialist framework. Despite it, tacit return to tried-and-tested models characterised subsequent decades when the regime embraced ‘Socialist legality’—regarding administrative procedures with the 1967 Code of Administrative Procedure, initially adopted as a parliamentary statute. Nevertheless, admitting or highlighting inspiration by a capitalist country would always be inappropriate. Recognition of national and central European traditions was possible after 1989 thanks to liberalisation and democratisation, as with the 2004 recodified Code of Administrative Procedure.
Administrative Procedure in Former Yugoslavia and the Austrian Administrative Procedure Act
Authors: Lilić Stevan , Milenković Marko
Published: March 2023

The chapter provides an analysis and overview of major factors that played a role in the development of administrative procedure in Yugoslavia between 1920 and 1970. It particular, the influence of the 1925 Austrian Administrative Procedure Act (AVG) on drafting and adopting the 1930 Law on General Administrative Procedure of the Kingdom of Yugoslavia is examined. General administrative procedure played a significant role in unifying the complex Yugoslav social, political, and religious system, with its manifold legal traditions which existed at the time when the new Kingdom was established in 1918. The results of the research indicate that the Austrian AVG had substantial influence over the Yugoslav law on administrative procedure as, inter alia, authors of the Yugoslav law used the AVG as a model for the structure of the law, as well as a guide for codifying particular procedural issues. The specific feature of the influence of the 1925 AVG is that the blueprint of the 1930 Yugoslav law was taken over when the Kingdom of Yugoslavia was succeeded by the Socialist (Communist) Federal Republic in 1945. A ‘new’ law on general administrative procedure was adopted in 1956, basically preserving all procedural institutes of the 1930 Yugoslav law and the 1925 Austrian AVG. The chapter concludes that even after the dissolution of Yugoslavia in the 1990s, the newly formed post-Yugoslav States counted some ten ‘different but matching’ general administrative procedure laws produced by the AVG model and subsequent Yugoslav replicas from the 1920–70 period.
The Austrian 1925 General Administrative Procedure Act
Authors: Chiti Mario P.
Published: March 2023

The chapter examines the possible influence on Italian law of the Austrian law of 1924 on administrative procedure. A general law on administrative procedure has been in force in Italy since 1990; it is completely innovative for national law (law no 241/1990). Its roots originate from the first administrative reforms at the end of the Second World War and from those following the 1948 Constitution. Law no 241/1990 in its initial version was a law of principles, articulated in a limited number of provisions. Even now, after many changes and additions, this law maintains a relatively light structure, at least in comparison with the laws on the administrative procedure of the major systems. Austrian law had no direct influence on these events, even though it was well known by Italian scholars of administrative law and by the reformers. It can therefore be said that the current Italian legislation is the result of a mainly national discussion, recently opened to European Union law.
Procedures vs Principles
Authors: Pfersmann Otto
Published: March 2023

The Austrian statute on General Administrative Procedure is not only highly interesting in itself as it succeeds in unifying in a clear and highly condensed way what had previously been largely dispersed in various domains and to provide these advantages at a centralised federal level. It also sets a paradigm in legal conceptions and analysis, which has largely been neglected in comparative scholarship, despite a relatively broad reception in other States. The key to this enigma may be found in part in contingent external causes, but mainly, as this chapter claims, in the fact that the Austrian model hardly fits into the categories of the leading comparative models in administrative law: French administrative justice and common law conceptions of administrative law as an unspecific part of a purportedly general rule of law. From an in-depth analysis of the relevant legal structure, it appears that the French understanding exemplifies the main elements of a common law system, mainly focusing on the elaboration of ‘principles’ through pronouncements on particular cases set by organs of undetermined legal status, sharing this feature with systems considering themselves as ‘common law’. The originality of the Austrian system thus lies less in valuating codification (as the USA ultimately did) as in the weight given to procedure within administration as a way of furthering the general interest in all concrete cases. With respect to other statutes (Spain or the USA), the difference may also reside in a strict discipline of legal hierarchy, differentiating elements that require either constitutional or regulatory norms or rules of primary legislation and where all enactments may finally be reviewed in terms of legality and constitutionality.
Carbon Dioxide through the Ages
Authors: Dolman Han
Published: March 2023

Carbon dioxide has become one of the ‘defining molecules’ of our century, primarily due to its role in Earth’s climate. This book traces the history of our understanding of the gas, from its early discoveries as a separate gas in the middle of the seventeenth century by van Helmont, Black, and Priestley to the recognition of its radiative properties and impact on climate by Fourier, Foote, Tyndall, Arrhenius, and Callendar in the late nineteenth and early twentieth centuries. The story of CO2 is however both larger and longer, as it has played a pivotal role in the development of the Earth and its climate. Since around 3 billion years ago, when CO2 became an essential ingredient for photosynthesis, the gas has played a major role in sustaining plant and animal growth on Earth and as a regulator of the Earth’s climate. It addresses the rise in its atmospheric concentration since the nineteenth century when humans started to use fossil fuel for energy production. It ends by setting the stage for the Paris climate accords and subsequent negotiations. The book describes the world’s slow efforts to control the rise in CO2 over the last 50 years. To achieve the goal of limiting the temperature rise to 2°C and preferably 1.5°C, the world has to reduce the emissions of carbon dioxide fast, incredibly fast. We discuss some of the options to achieve that.
The Philosopher’s Apprentice
Authors: Lok Matthijs
Published: March 2023

The third chapter (‘The Philosopher’s Apprentice’) examines the uses of European and cosmopolitan history by self-declared ‘Enemies of the Enlightenment’. In the decades preceding the French Revolution, secular historical reasoning was instrumentalized and adapted by apologists defending the Catholic tradition. So far, this use of history writing by anti-philosophes has received surprisingly little attention from the growing numbers of scholars studying the Enlightenment and the past. In particular, we follow the trajectory of the cosmopolitan Catholic François-Xavier de Feller, a former Jesuit from the Prince-bishopric of Liège, turned journalist. Feller, on the hand, fiercely objected to the enlightened spirit of the age, particularly in the articles of the journal he edited. On the other, he adopted enlightened arguments and literary genres such as the Dictionary. The French Revolution was for him the proof of the social and political dangers of the philosophical ideas he had fought for decades preceding 1789. In his works he demonstrates a profound cultural pessimism as well as a radical yearning for a fundamental renewal of a corrupt European society and culture.
Data at the Boundaries of (European) Law: A First Cut
Authors: Catanzariti Mariavittoria , Curtin Deirdre
Published: March 2023

This chapter introduces the concept of boundaries in relation to law and automation as the common thread of the volume. It explores the ways in which the law confronts several shifting boundaries—territorial, disciplinary, material, institutional, conceptual—within the scope of data-driven Europe. More broadly, starting from the GDPR as an example of the so-called ‘Brussels effect’, the chapter reflects upon the data strategy of the EU in the global context, both as it now is and as planned. This chapter, like the book, adopts an ‘intermezzo’ approach and focuses in a selective fashion on the potential and challenges of data-driven law, path dependencies created by the GDPR, algorithmic transparency, personal data-sharing in the context of EU interoperable information systems as well as the practice of accountability within some specific areas of data-led security.
Beyond Originator Control of Personal Data in EU Interoperable Information Systems: Towards Data Originalism
Authors: Catanzariti Mariavittoria , Curtin Deirdre
Published: March 2023

This chapter discusses possible parameters for personal data sharing in the context of EU migration and border control, in particular interoperable data sharing. Interoperability enhances access to data for connected public administrations in order to combat identity fraud. However, it is not clear what requirements for data access are in place in practice or imposed by the originators of information. Such opacity may undermine institutional relations as well as the right of access to data and the effective remedies of third-country nationals whose data is used in an administrative decision that concerns them. Starting from the application of the originator control principle in the field of data- sharing, this chapter proposes the concept of data originalism as a protective principle that avoids the use of any form of data ownership as a means of decision-making in practice.
Beyond the Voting Debate
Authors: Brown Brookes
Published: March 2023

Many political philosophers contend that citizens have a moral obligation to vote. Those who do not ignore important values, are wrongfully complicit in injustice, and undermine the foundations of democracy. Others argue that given the insignificance of individual ballots, voting is too costly to be rational, much less obligatory. This chapter develops an alternative account of civic ethics that avoids the unattractive features of both these positions. Citizens, it argues, do not have a duty to vote. But this is not because voting is morally insignificant. Instead, it is because the act is non-unique. Rather than having a duty to go to the polls, citizens instead have a responsibility to do their share of civic work—a class of actions that includes but is not limited to voting. Many can satisfy this duty without casting a ballot. However, those who take this option do not float free of obligation; they must satisfy it in other forms. Our mistake, the chapter shows, has been treating voting as a distinct morally significant act rather than as one component of a complex joint project to which citizens bear responsibility. Rectifying this error makes possible a more nuanced and complete account of civic ethics, one that can unify previously discordant philosophical debates and speak to the complexity of real-world political institutions.
GLUE multimodal single cell data
Authors: Li Weizhong , Yan Chaoyu
Published: March 2023

Editor's note

A commentary on “Multi-omics single-cell data integration and regulatory inference with graph-linked embedding”
Multi-triangles cylindrical origami and inspired metamaterials with tunable stiffness and stretchable robotic arm
Authors: Wang Xiaolei , Qu Haibo , Li Xiao , Kuang Yili , Wang Haoqian , Guo Sheng
Published: March 2023

Kresling pattern origami-inspired structural design has been widely investigated using its bistable property and the single coupling degree of freedom (DOF). In order to obtain new properties or new origami-inspired structures, it needs to innovate the crease lines in the flat sheet of Kresling pattern origami. Here, we present a derivative of Kresling pattern origami—multi-triangles cylindrical origami (MTCO) with tristable property. The truss model is modified based on the switchable active crease lines during the folding motion of the MTCO. Using the energy landscape obtained from the modified truss model, the tristable property is validated and extended to Kresling pattern origami. Simultaneously, the high stiffness property of the third stable state and some special stable states are discussed. In addition, MTCO-inspired metamaterials with deployable property and tunable stiffness, and MTCO-inspired robotic arms with wide movement ranges and rich motion forms are created. These works promote research on Kresling pattern origami, and the design ideas of the metamaterials and robotic arms play a positive role in improving the stiffness of deployable structures and conceiving motion robots.
Enhancing recovery rates for stolen vehicles: A solvability factors method
Authors: Hargreaves Marc , Harinam Vincent , Ariel Barak
Published: March 2023

This study examines the police activities most associated with the recovery of stolen vehicles in Manchester, UK. The dataset consists of 6,104 reports of theft of motor vehicles whereby a random sample of 250 cases of stolen vehicles later recovered and 250 cases of stolen vehicles in which no recovery occurred were taken from 1 January 2018 to 31 December 2018. Twenty independent variables were selected using the findings from existing solvability literature, and additional variables were discovered from legacy data provided by the Greater Manchester Police recording systems. A case–control study was developed based on exploratory identification of police activities commonly used in cases of recovered vehicles. The findings indicate that motor vehicles were typically found by police during an investigation or through non-related proactive activities. Furthermore, vehicles were recovered by the victims themselves or by a member of the public reporting the vehicle to the police.
Are we nearly there yet? New technology adoption and labor demand in Peru
Authors: Novella Rafael , Rosas-Shady David , Alvarado Alfredo
Published: March 2023

Forecasts about the effects of new technologies on labor demand are generally pessimistic. However, little is known about the current level of technology adoption and its effect on labor demand, particularly in developing countries. This paper exploits a national representative employer survey and administrative data from Peru to offer empirical evidence in this regard. Our results show that the adoption of new technologies by firms is still incipient in the country. However, when adopted, they slightly reduce the demand for workers in the medium term, particularly those in high-skilled and non-routine occupations, with a temporary job contract, and during the COVID-19 pandemic.