bluuebunny/crossref_metadata_2025 huggingface dataset:
Slender body theory for particles with non-circular cross-sections with application to particle dynamics in shear flows
Authors: Borker Neeraj S. , Koch Donald L.
Published: September 2019

This paper presents a theory to obtain the force per unit length acting on a slender filament with a non-circular cross-section moving in a fluid at low Reynolds number. Using a regular perturbation of the inner solution, we show that the force per unit length has$O(1/\ln (2A))+O(\unicode[STIX]{x1D6FC}/\ln ^{2}(2A))$contributions driven by the relative motion of the particle and the local fluid velocity and an$O(\unicode[STIX]{x1D6FC}/(\ln (2A)A))$contribution driven by the gradient in the imposed fluid velocity. Here, the aspect ratio ($A=l/a_{0}$) is defined as the ratio of the particle size ($l$) to the cross-sectional dimension ($a_{0}$) and$\unicode[STIX]{x1D6FC}$is the amplitude of the non-circular perturbation. Using thought experiments, we show that two-lobed and three-lobed cross-sections affect the response to relative motion and velocity gradients, respectively. A two-dimensional Stokes flow calculation is used to extend the perturbation analysis to cross-sections that deviate significantly from a circle (i.e.$\unicode[STIX]{x1D6FC}\sim O(1)$). We demonstrate the ability of our method to accurately compute the resistance to translation and rotation of a slender triaxial ellipsoid. Furthermore, we illustrate novel dynamics of straight rods in a simple shear flow that translate and rotate quasi-periodically if they have two-lobed cross-section, and rotate chaotically and translate diffusively if they have a combination of two- and three-lobed cross-sections. Finally, we show the remarkable ability of our theory to accurately predict the motion of rings, retaining great accuracy for moderate aspect ratios (${\sim}10$) and cross-sections that deviate significantly from a circle, thereby making our theory a computationally inexpensive alternative to other Stokes flow solvers.
Eco-Cosmopolitanism as Trauma Cure
Authors: Mukherjee Ankhi
Published: September 2019

The fourth chapter of Frantz Fanon’s classic workBlack Skin, White Masks,titled “The So-Called Dependency Complex of the Colonized,” is a powerful critique of Mannoni’sProspero and Caliban: The Psychology of Colonization(1956). Born in France of Corsican parents, Dominique-Octave Mannoni had come to know the African colonial condition primarily through his ethnological work in Madagascar, where he spent twenty years. The argument ofProspero and Calibanis that colonial “situations” are the product of “misunderstanding, of mutual incomprehension.”1The situation, Mannoni observes in the introduction, is created the very moment a white man appears in the midst of a tribe, and he goes on to elaborate on its distinctive and varied features: dominance of a majority by a minority, economic exploitation, the seemingly benign paternalism of the civilizing mission, and racism. The colonizer’s “grave lack of sociability combined with a pathological urge to dominate” gives him a “Prospero complex”2while the colonized Malagasy, forced out of their own history, genealogy, and tradition and victimized by a failed European interpellation, develop a corresponding “dependence complex.”3Neither inferiority nor superiority, “dependence,” Mannoni claims, is Caliban’s reliance on colonizers fostered by a sense of abandonment.
Repetition with a Difference: A Response to Arjun Appadurai
Authors: Mazumdar Ranjani
Published: September 2019

This is a response to Arjun Appadurai’s article “The Ready-Made Pleasures of Déjà Vu: Repeat Viewing of Bollywood Films.”
1 Repetition as a concept is discussed here in relation to Deleuze, genre, remakes of older films, tradition, cultural regimentation, and individual desire.
Happiness, The Wound and the Word: Aminatta Forna Joins the Conversation on Trauma
Authors: Diop Oumar Chérif
Published: September 2019

Taking into account the interconnectedness of spaces, a number of theorists and writers have investigated the impact of trauma on subjectivities within their social, cultural, and political environments. In postcolonial studies, scholars such as Veena Das (2007)2, Antjie Krog and colleagues (2009)3, and Stef Craps (2012)4 have convincingly argued that postcolonial trauma survivors are not necessarily under the tyranny of the past; to the contrary, they may take advantage of the past event by immersing themselves in the trauma. Jay Rajiva gives the example of those survivors who cannot distance themselves from the past because they are compelled “to perform the grief of the community in both clothing and gesture. Such a submersion in past trauma becomes a way for a trauma survivor to expand and even renegotiate her relationship to that same community… . Essentially, the survivor inhabits the enforced retriggering of her trauma but finds the means—in daily life, over months and years—to make sense of her trauma.”5
Aminatta Forna and the Concept of Happiness
Authors: Palmer Eustace
Published: September 2019

Aminatta Forna’s latest novel, Happiness, has deservedly won commendations from eminent critics and reviewers such as Salman Rushdie. Some readers, however, while being sensitive to its charm, to the elegance of the writing, to the power of the description and the remarkable use of detail, might find the relationship between the title and the numerous concerns of the novel rather problematic. Although titles do not always suggest the main concerns of the novel, they can act as significant pointers. This novel lays hands on apparently disparate elements such as the need to protect animals and other endangered species, the search for a disturbed young boy whose mother has been wrongfully detained by British immigration authorities, the need to care for a once brilliant scientist now suffering from Alzheimer’s, the psychiatric issues involved in the defense of a young widow accused of arson, and the brutalities perpetrated by humans all over the world. Some readers might wonder whether there is a central focus and whether that focus is indeed happiness. Essentially, the main issue is how the concept of happiness fits into all of this. And yet, it is the argument of this paper that Happiness possesses an overarching common thread and manifests an overwhelming central concern.
The Implications of Fun: Art Student as Repeat Viewer
Authors: Wong Troy
Published: September 2019

This essay argues that the art student who decides not to be an artist exposes the essential lack in many working artists today: this is the lack of fun, which is necessary for successful art and which—ironically—the artist might find once they leave their craft. Responding to Arjun Appadurai’s essay, “The Ready-Made Pleasures of Déjà Vu: Repeat Viewing of Bollywood Films,” I use Appadurai’s “repeat viewer” to focalize the art student as a figure who is both the repeat viewer and the artist who creates the work of art that solicits repeat viewing to begin with. The art student embodies in his or her own self the transition from the artist to the viewer, allowing for a productive reciprocity whereby the artist performs the role of the viewer and vice versa. I close my essay by reflecting on the art student as a possibility for rethinking India’s political dilemma that concludes Appadurai’s essay.
Rethinking Moral Economy
Authors: Arnold Thomas Clay
Published: September 2019

I establish three closely related claims. The first two are interpretive, the third theoretical. (1) The prevailing conception of moral economy in political science, presupposed by opponents as well as advocates, rests too heavily on the distinction between nonmarket and market-based societies. (2) The prevailing conception of moral economy reduces to the unduly narrow claim that economic incorporation of a nonmarket people is the basis for the moral indignation that leads to resistance and rebellion. (3) Reconceptualizing moral economy in terms of social goods reveals additional grounds for politically significant moral indignation and permits moral-economic political analysis of a larger set of cases and phenomena. Water politics in the arid American West illustrate the power of a conception of moral economy based on social goods.
Toward a Democratic Civil Peace? Democracy, Political Change, and Civil War, 1816–1992
Authors: Hegre Håvard
Published: September 2019

Coherent democracies and harshly authoritarian states have few civil wars, and intermediate regimes are the most conflict-prone. Domestic violence also seems to be associated with political change, whether toward greater democracy or greater autocracy. Is the greater violence of intermediate regimes equivalent to the finding that states in political transition experience more violence? If both level of democracy and political change are relevant, to what extent is civil violence related to each? Based on an analysis of the period 1816–1992, we conclude that intermediate regimes are most prone to civil war, even when they have had time to stabilize from a regime change. In the long run, since intermediate regimes are less stable than autocracies, which in turn are less stable than democracies, durable democracy is the most probable end-point of the democratization process. The democratic civil peace is not only more just than the autocratic peace but also more stable.
Garbage Cans, New Institutionalism, and the Study of Politics
Authors: Olsen Johan P.
Published: September 2019

Bendor, Moe, and Shotts want to rescue some of the ideas of the garbage can model and the new institutionalism. Their rescue program, however, is alien to the spirit of not only our work but also some recent developments that may promise a climate of dialogue between different approaches in political science. Bendor, Moe, and Shotts place themselves closer to a tradition of unproductive tribal warfare than to more recent attempts to explore the limits of and the alternatives to (means-end) rational interpretations of political actors, institutions, and change. By building on a narrow concept of what is valuable political science, they cut themselves off from key issues that have occupied political scientists for centuries.
Facilitating Communication across Lines of Political Difference: The Role of Mass Media
Authors: Mutz Diana C.
Published: September 2019

We use national survey data to examine the extent to which various sources of political information expose people to dissimilar political views. We hypothesize that the individual’s ability and desire to exercise selective exposure is a key factor in determining whether a given source produces exposure to dissimilar views. Although a lack of diverse perspectives is a common complaint against American news media, we find that individuals are exposed to far more dissimilar political views via news media than through interpersonal political discussants. The media advantage is rooted in the relative difficulty of selectively exposing oneself to those sources of information, as well as the lesser desire to do so, given the impersonal nature of mass media.
Our Lives before the Law: Constructing a Feminist Jurisprudence. By Judith A. Baer. Princeton, NJ: Princeton University Press, 1999. 276p. $55.00 cloth, $18.95 paper.
Authors: Binion Gayle
Published: September 2019

It is a daunting assignment to review a book after it has
garnered a major award bestowed by the organization that
publishes this journal. Judith Baer's Our Lives before the Law
not only is a very worthy recipient of the 2000 Victoria
Schuck Award for the best book on women in politics but also
is an erudite and wide-ranging critique of feminist thought
with the goal of "forc[ing] feminists to confront mainstream
discourse and mainstream discourse to confront feminism"
(p. 175). This goal is in the service of Baer's desire to
construct a new jurisprudence of sexual equality, one that
avoids the pitfalls Baer perceives as inherent in the efforts of
others to date.
Prometheus Wired: The Hope for Democracy in the Age of Network Technology. By Darin Barney. Chicago: University of Chicago Press, 2000. 340p. $29.00.
Authors: Becker Ted
Published: September 2019

This is a welcome and provocative addition to the growing
literature on the politics of the Internet. In addition to its rich
intellectual texture and mother-lode of information about
computer hard- and software, it is a quick read because the
author has a sharp tongue and makes excellent points. It is a
unique blend of political philosophy, political economic
theory, and computer network technology in support of a
political F-5 tornado warning.
Entangling Relations: American Foreign Policy in Its Century. By David A. Lake. Princeton, NJ: Princeton University Press, 1999. 332p. $60.00 cloth, $17.95 paper.
Authors: Hastedt Glenn
Published: September 2019

David Lake provides a theoretical framework for under-
standing the security choices made by the United States in
the twentieth century. He grounds his work in the metaphor
that polities may be understood as firms producing security.
The fundamental choices before states are unilateralism and
cooperation. The former is equated with production within a
single firm, and the latter can take several forms. Principal
among these are alliances, in which polities act as if they were
separate and independent firms entering into joint produc-
tion agreements, and empire, which is similar to the integra-
tion that takes place in the modern multidivisional corpora-
tion. Alliances and empires form the end points of a
continuum of security relationships. Alliances are at the
anarchy end, as each polity retains full decision authority.
The Presidency and Domestic Policy: Comparing Leadership Styles, FDR to Clinton. By William W. Lammers and Michael A. Genovese. Washington, DC: CQ Press, 2000. 383p. $28.95 paper.
Authors: Arnold Peri E.
Published: September 2019

Can presidency research do more than probe idiosyncratic
cases? Our knowledge of the American presidency and the
status of presidency studies in political science both hang on
the answer to that question. Indeed, the current research
agenda in this field exhibits a confidence that its findings are
amenable to generalization and deserve the discipline's ap-
probation.
Public-Private Policy Partnerships. Edited by Pauline Vaillancourt Rosenau. Cambridge, MA: MIT Press, 2000. 256p. $45.00 cloth, $19.95 paper.
Authors: West Jonathan P.
Published: September 2019

Recent calls for public sector reform advocate reinvention,
deregulation, reengineering, outsourcing, and privatization
to address deficiencies in the classic bureaucratic model and
to improve government performance. Reform efforts that
seek to capitalize on the advantages offered by the three
sectors-public, private, and voluntary-include experiments
in public-private policy partnerships. Experience with coop-
erative undertakings between the state and for-profit or
third-sector service providers spans the last three decades.
This book examines the pros and cons of these public-private
policy partnerships, isolates the determinants of success or
failure across policy spheres, and identifies the circumstances
under which cross-sector partnering should be promoted or
avoided.
Language Policy and Identity Politics in the United States. By Ronald Schmidt, Sr. Philadelphia: Temple University Press, 2000. 250p. $65.50 cloth, $21.95 paper.
Authors: Sampaio Anna
Published: September 2019

In the late twentieth century, language conflicts became not
only a central battle in public policy but also an essential
medium for political expression among traditionally margin-
alized groups. This is clearly reflected in a host of policy
initiatives (from antiimmigrant propositions such as 187 in
California, to English-only and antibilingual education move-
ments in such states as Arizona, California, Colorado, and
Florida) and the proliferation of studies linking language
with Latino and Asian American politics (e.g., Antonia
Darder and Rodolfo D. Torres, eds., The Latino Studies
Reader: Culture, Economy and Society, 1998; and Louis De-
Sipio and Rodolfo de la Garza, Making Americans, Remaking
America: Immigration and Immigration Policy, 1998).
Civic Engagement in American Democracy. Edited by Theda Skocpol and Morris P. Fiorina. Washington, DC: Brookings, 1999. 528p. $52.95 cloth, $19.95 paper.
Authors: Conway M. Margaret
Published: September 2019

Concern about the health of civic life in the United States has
generated academic debate, journalist commentaries, several
study commissions, and publications by the score. Is civil
society in decline, or is it reinventing itself? That is the
question addressed from a variety of perspectives by the
sociologists and political scientists who contributed to this
volume. The chapters, initially prepared for presentation at a
conference in September 1997, examine issues at the center
of the debate from several theoretical perspectives. The
editors organize the contributions under three headings: the
roots of civic engagement, civic life in a changing society, and
the ironies of contemporary activism.
It’s Our Military, Too!: Women and the U.S. Military. Edited by Judith Hicks Stiehm. Philadelphia, PA: Temple University Press, 1996. 309p. $69.95 cloth, $22.95 paper.
Authors: D’Amico Francine
Published: September 2019

This anthology opens with several compelling first-person
narratives of life inside the U.S. military institution, followed
by analyses by both military and civilian researchers. The
academic contributors approach their topics from different
disciplines, including political science, history, sociology, and
literature/film. The volume seeks to bridge the gap between
those inside the institution and those on the outside (p. ix).
The effort to build this bridge began with a series of
specialized conferences and workshops on gender and mili-
tary culture spanning the 1990s. I participated in several of
these and heard some of the contributors to this collection
present their research. Other volumes that developed from
the conferences are Mary Fainsod Katzenstein's Faithful and
Fearless (1998), Mary Fainsod Katzenstein and Judith Reppy,
Beyond Zero Tolerance (1999), and Francine D'Amico and
Laurie Weinstein, Gender Camouflage (1999).
Ending the LDP Hegemony: Party Cooperation in Japan. By Ray Christensen. Honolulu: University of Hawaii Press, 2000. 228p. $52.00 cloth, $27.95 paper.
Authors: Hayao Kenji
Published: September 2019

The Japanese party system has been in flux in recent years. In
1993, two groups defected from the Liberal Democratic Party
(LDP) and joined with the opposition to form a broadly
based coalition government. A year later, the LDP regained
power by creating a coalition government with its ideological
opponent, the Japan Socialist Party (JSP). Both events
shocked virtually everyone at the time. The LDP had been in
power for so long-almost 40 years-that it seemed almost
inconceivable that it could lose power. For just as long, the
JSP had been the main opposition. By the 2000 election, a
dozen parties had come and gone, the JSP's strength dropped
to a very small fraction of what it was a decade earlier, and
the LDP had to turn to various coalition partners to maintain
its control of government. All this is quite puzzling to even
close watchers of Japanese politics, because party politics,
especially the role of opposition parties, has been a relatively
understudied area. For those who want to make sense of how
these events came to pass, Ray Christensen's Ending the LDP
Hegemony will be very helpful.
Elections in Japan, Korea, and Taiwan under the Single Non-Transferable Vote: The Comparative Study of Embedded Institution. Edited by Bernard Grofman, Sung-Chull Lee, Edwin A. Winckler, and Brian Woodall. Ann Arbor: University of Michigan Press, 1999. 495p. $74.50.
Authors: Cheng Tun-jen
Published: September 2019

Under an electoral system of single nontransferable vote
(SNTV) with multiple-seat districts, each voter can cast only
one vote and only for one candidate, surplus votes cannot be
transferred between candidates, and seats go to those candi-
dates with the plurality of votes. Initially crafted by Japanese
oligarchs in 1900, this unique system was continuously em-
ployed for Japan's lower house elections till 1995, with a brief
interlude during the Allied occupation. The SNTV system
has been in use in Taiwan since World War II and was
adopted in Korea during the Fourth and the Fifth Republic
(1973­88). It is ironic that academic interest in this electoral
system should increase just when it is being abandoned in its
birthplace, Japan, in a fin-de-siecle political act that also
ended political dominance of the ruling Liberal Democratic
Party (LDP).
Unbroken Ties: The State, Interest Associations, and Corporatism in Post-Soviet Ukraine. By Paul Kubicek. Ann Arbor: University of Michigan Press, 2000. 275p. $49.50.
Authors: Kravchuk Robert S.
Published: September 2019

This year marks the tenth anniversary of Ukraine's historic
Declaration of Sovereignty, and the country will celebrate its
first full decade of independence in August 2001. Yet,
Ukraine's record as an independent state has been disap-
pointing at best. Even after ten years, living standards for
much of the population continue to fall. Development of civil
society has been slow, if nonexistent. Political parties are very
much nascent institutions. Opinion surveys indicate high
levels of frustration among citizens, coupled with extremely
low levels of perceived political efficacy. The economy re-
mains dominated by large, inefficient state enterprises and
collective farms, dinosaurs left over from the former regime.
In many respects, Ukraine appears unable to move forward;
the vision of its future has been shaped largely by its recent
past.
Money, Markets, and the State: Social Democratic Policies since 1918. By Ton Notermans. New York: Cambridge University Press, 2000. 312p. $59.95.
Authors: Boix Carles
Published: September 2019

Notermans has written a bold and ambitious book in which
he purports to explain the conditions under which social
democratic policies, and therefore the social democratic
project, have been successful in modern democracies. The
book, which relies heavily but not exclusively on historical
data, examines the ebb and flow of social democratic domi-
nance in five countries-Germany, the Netherlands, Norway,
Sweden, and Britain-since roughly the introduction of
(male) universal suffrage after World War I.
Gender Matters: Female Policymakers’ Influence in Industrialized Nations. By Valerie R. O’Regan. Westport, CT: Praeger. 2000. 168p. $49.95.
Authors: Duerst-Lahti Georgia
Published: September 2019

Political globalization makes cross-national comparisons ever
more important, especially those that reach widely and over
time. Such policy analysis offers potentially practical applica-
tions for improved democratic representation. Valerie
O'Regan provides such analytic reach in her study about the
influence female policymakers have achieved in 22 industri-
alized nations. She considers the effects and effectiveness of
female legislators and executives in representing women's
interests. The central thesis, that gender differences in policy
priorities will be reflected in policy outcomes as the number
of female policymakers increases, is supported. The second-
ary thesis, that (wage) policy comprehensiveness will im-
prove, is not.
Transitions from State Socialism: Economic and Political Change in Hungary and China. By Yanqi Tong. Lanham, MD: Rowman & Littlefield, 1997. 280p. $69.00 cloth, $26.95 paper.
Authors: Shi Tianjian
Published: September 2019

Tong addresses one of the most important issues in compar-
ative politics: What are the key factors that determine the
courses and outcomes of transitions from state socialism?
The book makes three contributions to this field of study.
First, it reminds us that the relationship between state and
society with regard to either power or objectives may not be
zero-sum, as widely accepted by students of politics. The
author argues that state and society may share a wide range
of objectives, laying the groundwork for a cooperative rela-
tionship. This helps explain why the regime and a society may
compromise in the transition process.
Maneuvers; the International Politics of Militarizing Women’s Lives. By Cynthia Enloe. Berkeley: University of California Press, 2000. 418p. $45.00 cloth, $17.95 paper.
Authors: Katzenstein Mary Fainsod
Published: September 2019

When I was an undergraduate in the 1960s, as the Vietnam
conflict was escalating, I took Stanley Hoffmann's mesmeriz-
ing course, "Causes of War." I thought back to this class as I
read Cynthia Enloe's book, which deserves all the superla-
tives it has accrued. The experience of reading now and
remembering back left me wondering: Without Enloe to
consult (her first book on militarism and gender came out in
the early 1980s), what were we missing in Hoffmann's class?
The answer, I think, is this: We could understand well enough
the contending theories about why nations go to war; but in
the absence of Enloe, we were less able to ask how militaries
could manage such massive mobilizations that required the
often calamitous sacrifice of precious lives even for wars
whose purposes seemed remote or unconvincing.
Immigration and European Integration: Towards Fortress Europe? By Andrew Geddes. Manchester: Manchester University Press, 2000. 196p. $69.95 cloth, $24.95 paper.
Authors: Money Jeannette
Published: September 2019

Andrew Geddes provides a European analysis of European
migration policy. He asks two questions: To what degree has
the European Union (EU) garnered control over migration
policies of member states? What is the policy outcome? In
answering these questions, the author makes two contribu-
tions to the literature.
International Relations and the Challenge of Postmodernism: Defending the Discipline. By D. S. L. Jarvis, Columbia: University of South Carolina Press, 2000. 288p. $34.95.
Authors: Taliaferro Jeffrey W.
Published: September 2019

Over the past twenty years, the so-called third debate, or the
constructivist turn in international relations theory, has elic-
ited a great deal of attention. Various critical theories and
epistemologies-sociological approaches, postmodernism,
constructivism, neo-Marxism, feminist approaches, and cul-
tural theories-seem to dominate the leading international
relations journals. Postmodernism (also called critical theo-
ry), perhaps the most radical wave of the third debate, uses
literary theory to challenge the notion of an "objective"
reality in world politics, reject the notion of legitimate social
science, and seek to overturn the so-called dominant dis-
courses in the field in favor of a new politics that will give
voice to previously marginalized groups.
Immigration and the Nation-State: The United States, Germany, and Great Britain. By Christian Joppke. Oxford: Oxford University Press, 1999. 356p. $72.00 cloth, $22.95 paper.
Authors: Freeman Gary P.
Published: September 2019

This book will enhance Christian Joppke's growing reputa-
tion as one of the most thoughtful commentators on the
politics of international migration and citizenship. Immigra-
tion and the Nation-State is an impressive cross-national
comparison that builds on elite interviews and reanalysis of
primary materials, but its chief value is in its bold synthesis
and critique of a rapidly growing and highly disjointed
secondary literature. Although it assesses a variety of theo-
retical concepts, the book is primarily a historically rooted,
richly empirical work of analysis and interpretation. Joppke
deals expertly with three liberal states with different nation-
hood traditions and immigration histories. The United King-
dom is distinctive in that it was at once a nation-state and an
empire. The United States is the only case of the three in
which governments deliberately sought to foster immigration
for settlement. Germany was a divided nation whose com-
mitment to reunification, embedded in the Basic Law, posed
particularly troublesome issues for immigration and citizen-
ship policy.
The Moral Purpose of the State: Culture, Social Identity, and Institutional Rationality in International Relations. By Christian Reus-Smit. Princeton, NJ: Princeton University Press, 1999. 199p. $35.00.
Authors: Sterling-Folker Jennifer
Published: September 2019

The central puzzle motivating this book is why different
systems of sovereign states develop different types of systemic
institutions. Why did Greek city-states favor arbitration,
whereas Italian city-states adopted what the author calls
"oratorical diplomacy," the absolutist state preferred "old
diplomacy" instead, and the modern nation-state relies on
international law and multilateralism?
Causes of War: Power and the Roots of Conflict. By Stephen Van Evera. Ithaca, NY: Cornell University Press, 1999. 270p. $35.00.
Authors: Stam Allan C.
Published: September 2019

Stephen Van Evera explicitly sets out to accomplish two
tasks. The first is to present a set of five hypotheses on the
causes of war grounded in "misperceptive fine-grained struc-
tural realism" (p. 11). He lists (1) false optimism about the
outcome of a future war, (2) perceived first-mover advan-
tages, (3) opening and closing windows of opportunity and
vulnerability, (4) cumulativity of resources, and (5) beliefs
about the offense-defense balance. He then develops 23
related hypotheses. The second task is to test some of the
major hypotheses (the second, third, and fifth) against a small
set of cases. He succeeds at the first task but is not so
successful at the latter. He also briefly speculates on the
effects of the "nuclear revolution."
Macronutrient content of donor milk from a regional human milk bank: variation with donor mother–infant characteristics
Authors: Mills Luke , Coulter Lynda , Savage Emma , Modi Neena
Published: September 2019

Better understanding of the variation in macronutrient content of human donor milk (HDM) potentiates targeted nutrition for preterm babies. The present study describes the relationship of maternal age, parity, monthly lactation stage estimate (LSEm), daily volume of milk expressed (Vd), sex, gestation and birth weight z scores with macronutrient content of HDM. Multilevel mother–infant pair ID random intercept models were performed using the predictor variables above on the outcome HDM macronutrient content determined using mid-IR spectroscopy. Mean macronutrient content was also compared by gestational age and small for gestational age (SGA) (z score < –1·28) or appropriate for gestational age (AGA) (z score ≥ –1·28) categories. A total of 2966 samples of donations from 1175 mother–infant pairs to the UK Northwest Human Milk Bank between 2011 and 2017 were analysed. Mean protein, fat, carbohydrate and calculated energy were 0·89 (SD 0·24) g/dl, 2·99 (SD 0·96) g/dl, 7·09 (SD 0·44) g/dl, and 60·37 (SD 8·41) kcal/dl (252·59 (SD 35·19) kJ/dl), respectively. Preterm SGA HDM was significantly higher in protein, fat and energy content than term AGA HDM and significantly lower in carbohydrate content than term AGA HDM after controlling for LSEm, Vd and between-subject effects. Degree of prematurity did not influence macronutrient content. Between-subject effects accounted for more of the variance in macronutrient content than the fixed effects in the model. Despite this, SGA status, as well as prematurity, may be an important determinant of macronutrient content in human milk. As bioavailability of macronutrients from HDM is uncertain, studies evaluating growth and body composition in preterm and SGA babies fed HDM are warranted.
The Lockerbie case continues
Authors: Gray Christine
Published: September 2019

THE background to the Cases concerning Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Jurisdiction and Admissibility) 1998 I.C.J. Rep. is well known; in 1988 Pan Am Flight 103 was blown up over Scotland and 270 people were killed. The USA and the UK accused two Libyans of the bombing and sought their extradition. Libya argued on the basis of the Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation that it was not bound to extradite its own nationals but could try them in its own courts, if appropriate. Libya took the cases to the International Court of Justice. It failed in its requests for provisional measures (see Lowe, (1992) 51 C.L.J. 408), but continued with its claims that the USA and the UK should respect its rights under the Montreal Convention and not put pressure on it to surrender the accused. The respondents made preliminary objections to the jurisdiction of the Court and to the admissibility of the application.
Caesarean sections and the right of autonomy
Authors: Herring Jonathan
Published: September 2019

CYNICS were unimpressed by the proclamation of the Court of Appeal in Re MB (Caesarean section) [1997] 2 F.C.R. 541 (noted [1997] C.L.J. 509) that the law protects a pregnant woman's right to autonomy and bodily integrity. The Court of Appeal had held that it would be unlawful for a doctor to perform a Caesarean section on a competent woman if she refused to consent to the operation–even if the lives of the woman and unborn child would be endangered if the operation was not performed. Cynics argued that the courts would always circumvent these fine-sounding principles by finding the woman incompetent to make the decision, as they did in Re MB itself. However, subsequently in St. George's Healthcare NHS Trust v. S [1998] 3 All E.R. 673 the Court of Appeal held that a woman was competent and that a doctor acted unlawfully in carrying out a Caesarean section on her. The NHS Trust and doctors were therefore potentially liable in tort for trespass and perhaps even guilty of criminal offences.
Look before you leap
Authors: Lunney Mark
Published: September 2019

ON a pleasant evening in Darwin, Australia, in April 1987 Nadia Romeo went with her friends to a popular spot, the Dripstone Cliffs, for a beach party. She was nearly 16 and had little experience of alcohol, but she and a friend consumed about 150ml of rum in 90 minutes. At about 11.45 pm both she and her friend fell over the edge of the cliffs onto the beach below and Nadia suffered high-level paraplegia. Neither of the girls had any recollection of the circumstances in which they fell, but there was an area of eroded ground at the top of the cliffs that might have appeared to the girls as a path to the beach below (although it did not have this appearance in daylight, nor would it have appeared this way to a sober, alert person on the night). In short, it appears that they either walked over the edge with their heads in the air or attempted to jump to the beach below (nearly 20 feet) and woefully misjudged the distance. None the less, Ms Romeo decided to sue the Conservation Commission of the Northern Territory. Although she lost in every court, the 5–2 majority decision of the High Court of Australia in Romeo v. Conservation Commission of the Northern Territory (1998) 72 A.L.J.R. 208 will give little comfort to public bodies responsible for the control and management of land.
Hunting for advantage
Authors: Nolan Richard
Published: September 2019

HUNTING with hounds raises fierce passions, which blaze both on and off the field. In our ever more litigious society, it was practically inevitable that these passions would lead to litigation. So it was that the National Trust's decision to stop stag hunting on its estates in Somerset and Devon came to be challenged in court. In Scott v. National Trust [1998] 2 All E.R. 705, Robert Walker J. had to deal with various tactical applications arising in the challenge to the National Trust's decision: his Lordship's judgment was not intended to, and did not, come even close to an opinion on the vexed question of stag hunting itself.
KECK (re)applied
Authors: Barnard Catherine
Published: September 2019

After years of uncertainty over the precise scope of Article 30 of
the EC Treaty, the decision in Joined Cases C-267/91 and C-268/91
Keck and Mithourd [1993] E.C.R. I-6097 was thought to have
introduced some clarity. It will be recalled that in Keck the Court
made a distinction between, on the one hand, “production
requirements” or “product characteristics” to which the decision in
Cassis applies (para. 15) and, on the other, “certain selling
arrangements” which do not breach Article 30 provided “that those
provisions apply to all affected traders operating within the national
territory and provided that they affect in the same manner, in law
and in fact, the marketing of domestic products and those from other
Member States” (para. 16). The Court continued that where this
proviso is satisfied, the national restrictions are not by nature such as
to prevent the access of foreign goods to the market or to impede
access any more than they impede the access of domestic products
(para. 17).
Priviledge Wills and Testamentry Formalities: A Time to Die?
Authors: Critchley Patricia
Published: September 2019

This article examines the doctrine of privileged wills, under section 11 of the Wills Act 1837, which permits soldiers in “actual military service” and sailors “at sea” to make testamentary dispositions of their property in any convenient form, rather than in the strict form dictated for civilian wills by section 9 of the same Act. The question raised is whether the continued existence of this privilege can really be justified in a modern society where service and marine personnel are generally as well educated and as well advised as civilian testators. To answer this, the article considers the principal benefits and detriments of the formal requirements imposed by section 9, and tries to identify any way in which the balance of these benefits and detriments might differ for privileged testators. The conclusion reached is that there is no principled justification which can be made out for retaining section 11 in its present form. Instead, the only options which are theoretically supportable are either to extend the scope of the present doctrine considerably (thought by many commentators to be indesirable) or to abolish it.
How do Courts Interpret Commercial Contracts
Authors: Staughton Christopher
Published: September 2019

Christopher Staughton, a former Lord Justice of Appeal, writes of the four principal rules for the interpretation of written contracts. First, there is the exclusion of negotiations and subjective evidence of intention. Secondly he considers what material can qualify as background evidence, or as some would say matrix. Thirdly, there is the rule that a meaning which is less obvious =N but still consistent with the words used =N may be preferred. Fourthly, he deals with the very limited extent to which evidence of market practice is admissible.

The article contrasts recent observations of Lord Hoffmann in two cases in the House of Lords with other authority, both ancient and modern.
The Prosecutorial Origins of Defence Counsel in the Eighteenth Century: The Appearance of Solicitors
Authors: Langbein John H.
Published: September 2019

In the 1730s English criminal procedure abandoned its centuries-old rule forbidding the defendant in cases of felony to be assisted by counsel. The judges began to allow counsel to examine and cross-examine witnesses on the defendant's behalf, presaging the beginnings of the distinctive Anglo-American adversary system of criminal trial. This article points to two innovations in pretrial practice in the early decades of the eighteenth century that motivated the judges' decision: (1) the increasing influence of solicitors in investigating and preparing witnesses for institutional and private prosecutors; and (2) the growing danger of false witness in prosecutions inspired by a series of reward statutes enacted from 1692 onward. These developments – one-sided lawyerisation and the incentive for false prosecution – unbalanced the old lawyer-free criminal trial and led the judges to allow the assistance of counsel to offset the new advantages of the prosecution.
Fiduciaries: When is Self-Denial Obligatory?
Authors: Worthington Sarah
Published: September 2019

A highly paid agent sets out to undermine his principal’s business. A doctor wangles sex-for-drugs favours from a patient. An advisor offers self-interested advice to his client. A father engages in an incestuous relationship with his child. In each case the perpetrator is clearly a wrongdoer and the law must somehow respond. But what is the legal wrong and how should the law respond?
Mistaken Payments in Three-Party Situations: A German View of English Law
Authors: Meier Sonja
Published: September 2019

According to the English law of restitution, a payment under a mistake of fact can usually be recovered from the recipient, at least if the mistake is a liability mistake or “fundamental”. In three-party situations the situation therefore seems to be straight-forward: independently of the relationship of each of the three parties to each other, the plaintiff is the payer and the defendant is the recipient. However, a closer look into the case law and literature reveals that there are problems.
Mondeo Man, Road Rage and the Defence of Necessity
Authors: Herring Jonathan
Published: September 2019

Ian Howell, driving a Mazda, attempted to overtake David Backshall who was driving a Ford Mondeo. This led to an “appalling example of road rage” involving a fight between the two drivers and the smashing by Howell of the Mondeo's windscreen. Backshall drove away and in his attempt to escape engaged in some unorthodox driving manoeuvres. The two men were charged with affray and two counts of dangerous driving. Backshall was convicted of driving without due care and attention contrary to Road Traffic Act 1988, s. 3, and appealed to the Court of Appeal: R. v. Backshall [1999] 1 Cr. App. R. 35.
Defining Provocation
Authors: Virgo Graham
Published: September 2019

When a defendant is charged with murder and wishes to rely on the defence of provocation, two conditions need to be satisfied. First, the provocation must have caused the defendant to lose his or her self-control suddenly and temporarily. This is the subjective condition. Secondly, the provocation must be such that the reasonable person might have reacted to it in the same way as the defendant. This is the objective condition. This condition is, however, qualified, since it is possible to imbue the reasonable person with relevant characteristics of the defendant, to see whether a reasonable person with such characteristics might have killed had he or she been provoked. Although this qualification of the objective test has been recognised for some time, it has become a matter of recent controversy as to when a particular characteristic of the defendant can be considered to be relevant and what the rationale of this qualification of the objective test actually is. Two distinct lines of authority can be identified. According to the first line, a characteristic can, generally, only be relevant if it affects the gravity of the provocation: Camplin [1978] A.C. 705 (H.L.). So, for example, if the provocation relates to the defendant's characteristic then it can be considered to be relevant, because the reasonable person would be more likely to have lost self-control if he or she had such a characteristic: Morhall [1996] A.C. 90 (H.L.), Luc Thiet Thuan [1997] A.C. 131 (P.C.). This line of authority does, however, recognise an exception to the general principle, namely that the reasonable person can be imbued with the defendant's age or gender, not because these characteristics affected the gravity of the provocation, but because they are characteristics which may affect the defendant's ability to exercise self-control: Camplin. But these are the only characteristics which can be taken into account for this reason. According to the second line of authority, however, any characteristic can be treated as relevant simply because it affects the defendant's ability to exercise self-control. This has been recognised in six recent decisions of the Court of Appeal, where the reasonable person was imbued with a wide variety of characteristics, such as battered woman syndrome (Thornton (No. 2) [1996] 1 W.L.R. 1174) and attention-seeking (Humphreys [1995] 4 All ER. 1008), simply because such characteristics affected the defendant's ability to exercise self-control.
Contract Construction and Risk Allocation
Authors: Virgo Graham
Published: September 2019

When a judge needs to construe a contract, to what extent can he or she have regard to factors which are external to the agreement rather than adopt a literal interpretation? This was the crucial question for the Court of Appeal to answer in Bromarin A.B. and others v. I.M.D. Investments Ltd. [1999] S.T.C. 301.
When is a Bill of Exchange not a Bill of Exchange? The Effect of an Inadvertent Deletion
Authors: Forsyth Christopher
Published: September 2019

It is often to the advantage of a defendant sued on an instrument that appears to be a bill of exchange to argue that it is not. The instrument will then generally not be negotiable and summary judgment will not be available under R.S.C. Order 14. Contractual defences will be able to be raised and counterclaims made. In short, instead of summary proceedings which the defendant would be denied leave to defend, the plaintiff will have to face the delay and expense of a full trial. Hong Kong & Shanghai Banking Corp. Ltd. v. G D Trade Co. Ltd. [1998] C.L.C. 238 (C.A.) is an example of this. The defendant alleged that the instruments in question were not payable “at a fixed and determinable future time” as required by section 3(1) of the Bills of Exchange Act 1882 and so not bills.
Hunting Rights and Human Rights
Authors: Harpum Charles
Published: September 2019

The decision of the European Court of Human Rights in Chassagnou v. France (judgment of 29 April 1999) has wide legal and practical implications of which only some can be explored here.
Late Triassic porphyries in the Zhongdian arc, eastern Tibet: origin and implications for Cu mineralization
Authors: Dong Pengsheng , Dong Guochen , Sun Zhuanrong , Li Huawei , Tang Jiahui , Zhu Hongyun
Published: September 2019

Whole-rock and Sr–Nd–Pb isotopic composition data, zircon Hf isotopic data and zircon U–Pb ages were obtained for the Late Triassic porphyries in the Zhongdian arc, eastern Tibet. These porphyries are intermediate and metaluminous and are enriched in large ion lithophile elements and depleted in high field strength elements. Moreover, they have weak negative Eu anomalies, high Sr and Ba contents, and high Sr/Y ratios. Different mineral geothermobarometers suggest that the porphyries in the Zhongdian arc crystallized atc. 640–829 °C and pressures of 2.1–2.8 kbar at depths shallower than 8 km. The porphyries have a calculated water content of 4.47–4.94 wt % and a relatively high magmatic oxygen fugacity. These porphyries were emplaced mainly at 230–203 Ma with a peak at 218–215 Ma. The Sr–Nd–Pb–Hf isotope data suggest that the porphyries in the Zhongdian arc were derived from a mixed melt of 50–65 % asthenospheric mantle and 35–50 % eclogite from the western Yangtze lower crust that experienced low-degree partial melting of 2–10 %. Subsequent fractional crystallization resulted in the decreasing trends of the major- and trace-element contents. The high Sr/Y and La/Yb values are the result of the low degree of partial melting of the western Yangtze lower crust rather than fractional crystallization, because no linear relationship was noted between Sr/Y or La/Yb and SiO2. The mixed melts from the lower crust and asthenospheric mantle provided a fertile magma source, and subsequent fractional crystallization under the favourable magmatic conditions of high water content and high oxidation state resulted in the formation of the porphyry Cu–Au deposits.