bluuebunny/crossref_metadata_2025 huggingface dataset:
Fiduciary Principles in Fact-Based Fiduciary Relationships
Authors: Kelly Daniel B.
Published: May 2019

This chapter examines how courts apply fiduciary principles when a fiduciary relationship is based on the particular facts of a case. In a fact-based fiduciary relationship, a court must analyze the facts and circumstances of a case to determine if a party is a fiduciary. To determine whether a fact-based fiduciary relationship exists, litigants and courts have invoked a wide range of criteria. In this regard, a number of questions arise. For example, what criteria do courts utilize in evaluating fact-based fiduciaries? Given that most fiduciary relationships are based on status, why are both fact-based and status-based fiduciaries recognized by law? Is the substantive law that applies to fact-based fiduciaries equivalent or analogous to the law that applies to status-based fiduciaries. This chapter begins with a discussion of the triggers for fact-based fiduciary relationships, giving emphasis on factors that courts take into account in making ad hoc fiduciary determinations as well as the relationship between fact-based and status-based fiduciary relationships. It also explains why courts may recognize fact-based fiduciaries in certain limited circumstances before analyzing the fiduciary duties within fact-based fiduciary relationships, including the duties of loyalty and care along with other legal obligations such as confidentiality, good faith, and disclosure. After exploring the issue of mandatory and default rules in fact-based fiduciary relationships, including whether parties can waive or modify fiduciary principles, the chapter concludes by addressing remedies in fact-based fiduciary relationships.
Fiduciary Principles in Family Law
Authors: Scott Elizabeth S. , Chen Ben
Published: May 2019

Family members bear primary responsibility for the care of dependent and vulnerable individuals in our society, and therefore family relationships are infused with fiduciary obligation. Most importantly, the legal relationship between parents and their minor children is best understood as one that is regulated by fiduciary principles. Husbands and wives relate to one another as equals under contemporary law, but this relationship as well is subject to duties of care and loyalty when either spouse is in a condition of dependency. Finally, if an adult is severely intellectually disabled or becomes incapacitated and in need of a guardian, a family member is often preferred to serve in this role. This chapter examines the application of fiduciary principles and doctrine to close family relationships. The chapter explains that while the parent-child and spousal relationships are governed by fiduciary principles and duties, enforcement of these duties (at least when family relationships are intact) is largely accomplished through informal bonding and monitoring mechanisms. In contrast, when family members become guardians of adult relatives, including elderly parents and disabled adult children, obligations are formally enforced under fiduciary law with minimal recognition of the family bond. The chapter examines the rationales for these contrasting approaches and questions whether adjustments are indicated. It concludes that modest relaxation of formal fiduciary obligations in the context of close family relationships might sometimes serve the interests of the incapacitated adult by supporting her relationship with the family guardian.
Fiduciary Principles and Public Offices
Authors: Leib Ethan J. , Galoob Stephen R.
Published: May 2019

This chapter examines how fiduciary principles apply to public offices, focusing on what it means for officeholders to comport themselves to their respective public roles appropriately. Public law institutions can operate in accordance with fiduciary norms even when they are enforced differently from the remedial mechanisms available in private fiduciary law. In the public sector, fiduciary norms are difficult to enforce directly and the fiduciary norms of public office do not overlap completely with the positive law governing public officials. Nevertheless, core fiduciary principles are at the heart of public officeholding, and public officers need to fulfill their fiduciary role obligations. This chapter first considers three areas of U.S. public law whose fiduciary character reinforces the tenet that public office is a public trust: the U.S. Constitution’s “Emoluments Clauses,” administrative law, and the law of judging. It then explores the fiduciary character of public law by looking at the deeper normative structure of public officeholding, placing emphasis on how public officeholders are constrained by the principles of loyalty, care, deliberation, conscientiousness, and robustness. It also compares the policy implications of the fiduciary view of officeholding with those of Dennis Thompson’s view before concluding with an explanation of how the application of fiduciary principles might differ between public and private law settings and how public institutions might be designed or reformed in light of fiduciary norms.
Fiduciary Principles and the State
Authors: Rave D. Theodore
Published: May 2019

This chapter examines the fiduciary nature of state authority. It begins with a historical background on how state authority has been conceived in fiduciary terms as far back as Plato, Cicero and Locke. It then surveys modern conceptions of the sovereign state as a fiduciary for the people subject to its power and explores applications of fiduciary political theory to. state agencies and public officials. A fiduciary view of state authority need not equate to a grand unified field theory of political legitimacy. But drawing on lessons from fiduciary law’s approach to similarly structured governance problems in the private realm can shed new light on perennial problems of public law. The chapter considers how fiduciary principles have been applied to the state across a variety of contexts, including the Indian trust doctrine, the public trust doctrine in natural resources law, administrative law, and constitutional law. Finally, it discusses various conceptions of the fiduciary state’s duties of loyalty and care to its subjects, along with remedies available when those duties are breached.
The Identification of Fiduciary Relationships
Authors: Miller Paul B.
Published: May 2019

This chapter provides synthetic analysis of the law on fiduciary relationships, focusing on the identification of fiduciary relationships and fiduciary relationship formation and termination. The chapter analyzes the significance of fiduciary relationships to fiduciary liability. It discusses status- and fact-based methods of identifying fiduciary relationships, as well as analogical and definitional variants on these methods. The chapter concludes by highlighting the increasing convergence on powers-based definitions of the fiduciary relationship, and by explaining the merits of definitional reasoning in judicial identification of fiduciary relationships.
Fiduciary Remedies
Authors: Bray Samuel L.
Published: May 2019

This chapter offers an overview and analysis of fiduciary remedies. The remedies considered are accounting for profits, constructive trust, equitable compensation, injunction, the unwinding remedies (e.g., rescission), and the supervisory remedies (e.g., instruction, removal). One point of emphasis is the close relationship between fiduciary duties and fiduciary remedies. The chapter also distinguishes the remedies of fiduciary law from those of agency. In addition, the chapter considers three major unsettled questions. First, are the remedial aims of fiduciary law distinct from tort and contract? Second, how should judges and scholars think about fiduciary remedies in light of the distinction between law and equity? Third, is punishment of an erring fiduciary a legitimate aim for fiduciary remedies?
Fiduciary Principles in Roman Law
Authors: Johnston David
Published: May 2019

This chapter focuses on fiduciary principles that operate in the Roman law. It first provides an overview of Roman legal institutions and their key features, asking whether an institution involves a fiduciary relationship or otherwise shows fiduciary principles at work. Key institutions in the law of persons or status (patria potestas, tutela or tutorship, cura), contract (fiducia, mandatum), property (“bonitary owner,” dos or dowry, usufruct, peculium), and succession (fideicommissum, foundations or trusts for purposes) which might be thought to involve a fiduciary element are considered. The chapter proceeds by discussing principles of the modern law of trusts or fiduciary law and the extent to which they appear in Roman law, with emphasis on equitable principles and good faith, ownership, fiduciary administration of property, and conflict of interest. Finally, it examines remedies developed by the courts of equity to protect the beneficiary’s interests.
Fiduciary Principles in Trust Law
Authors: Sitkoff Robert H.
Published: May 2019

This chapter canvasses the fiduciary principles applicable to a trustee of a donative, irrevocable private trust. The focus is on American law. The chapter examines: (1) the trigger for finding a trust fiduciary relationship and the scope of that relationship; (2) the duty of loyalty; (3) the duty of prudence across the distribution, investment, custodial, and administrative functions of trusteeship; (4) other fiduciary duties in trust law, including the prominent duty of impartiality and the increasingly salient duty to give information to the beneficiaries; (5) the extent to which fiduciary principles in trust law are mandatory or may be waived by the settlor or by a beneficiary; and (6) the remedies available for a breach of duty by a trustee.
Fiduciary Principles in Classical Islamic Law Systems
Authors: Fadel Mohammad
Published: May 2019

This chapter provides an overview of Islamic fiduciary law, from its origins in Quranic legislation regulating the paradigmatic case of the orphan, to its expansion in the foundational period of Islamic law at the hands of the earliest Muslim jurists to contractual relationships of agency and partnerships, the creation of trust property, and the actions of public officials. It concludes with a description of how fiduciary duties came to be understood as a more formal relationship that exists whenever one person exercises effective control over another and therefore is bound to use that power for the benefit of the person or persons under his authority across a wide variety of domains. The chapter provides a survey of both the duties of fiduciaries in Islamic law, and the remedies available to beneficiaries when fiduciaries violated breached those duties.
Fiduciary Principles in Japanese Law
Authors: Ramseyer J. Mark , Tamaruya Masayuki
Published: May 2019

In this chapter, we offer a general introduction to Japanese fiduciary principles. Using corporate law as an example, we outline the scope of the duties of loyalty and care, and of the business judgment rule. We compare the application of these principles in Japan to their application in the United States, and discuss their impact on economic and non-economic activity. We briefly examine their use beyond the corporate context, and outline several recent extensions in the for-profit and in the not-for-profit sectors. Throughout, we examine both statutory and case law, and trace the evolution of the principles over time.
Fiduciary Principles in Indian Law
Authors: Khanna Vikramaditya S.
Published: May 2019

This chapter examines fiduciary principles in Indian law. Fiduciary duties, such as those owed by corporate directors, trustees, agents, and lawyers, are commonplace in India. However, there are contexts in India where the fiduciary duties appear unusual. A particularly important example of this are the duties owed by the person (called the Karta) who manages the affairs of a Hindu Undivided Family (HUF). These duties differ from those seen in the more common types of fiduciary relationships and raise a number of interesting questions for greater exploration. This chapter first provides an overview of fiduciary duties in India that are common across many parts of the world, focusing on agency law, trust law, and corporate law. It then explains what the Karta and the HUF are, how the HUF holds property akin to a joint tenancy, how it operates, how it can be created and terminated, how it compares to the pater familias of ancient Rome, and what areas of Indian law impact its continued existence. The chapter then explores the duties owed by the Karta to people within the HUF, along with other legal rules and practical considerations that operate to police the Karta’s behavior in ways that supplement his or her limited fiduciary duties. Finally, the chapter closes with how the Karta’s duties raise some interesting questions about the growth and development of fiduciary principles that might be fruitfully explored in the future.
The Economics of Fiduciary Law
Authors: Brooks Richard R.W.
Published: May 2019

This chapter examines the treatment of fiduciary law in the field of law and economics. It begins with a typology of three theoretical tracts that accounts for loyalty in economics: the first tract takes a structural approach to questions of loyalty and disloyalty based on models occupied by strictly rational economic agents who are unable to choose or act in any manner than that dictated by narrow self-interests; the second explains loyalty in terms of personal character or preferences for particular actions and choices; and the third approaches loyalty in terms of allegiances to relationships or associations and, more specifically, to their associated rules of conduct. The chapter then discusses these three theoretical tracts of loyalty by reviewing the law and economics literature on beneficiaries and fiduciaries in general, and principals and agents in particular. The discussion is organized along lines of the two branches of scholarship that defines the field of law and economics: institutional economic analysis and economic analysis of law.
Fiduciary Principles in Corporate Law
Authors: Velasco Julian
Published: May 2019

This chapter examines fiduciary duty in corporate law. Fiduciary duty is pervasive as well as all encompassing in corporate law. One common misconception about fiduciary duty in corporate law is that it is merely aspirational. Fiduciary duties are not simply moral requirements, they are legal ones. They are not merely suggestions, they represent the demands of the law. Although corporate law has often compromised rather than insisting upon strict enforcement of fiduciary law principles, these compromises are due to practical considerations that are entirely consistent with the goals of fiduciary law. In corporate law, general fiduciary law principles are balanced with practical considerations concerning the profit motive in order to achieve the best overall result for the shareholders. Understanding this tension between ambition and practicality is key to understanding fiduciary duty in corporate law. This chapter first considers the triggers for fiduciary duty in corporate law before discussing the role that the duty of loyalty plays in corporate law. It then explores the duty of care in corporate law, along with other fiduciary duties such as good faith, takeover situations and contests for control, shareholder voting rights, and the duty to monitor and the duty to disclose. The chapter proceeds by analyzing mandatory and default rules regarding the extent to which fiduciary duties can be waived in corporate law and concludes with an overview of remedies for breach of fiduciary duty.
Fiduciary Law and Moral Norms
Authors: Penner James
Published: May 2019

This chapter explores the connection between fiduciary relationships and moral norms or standards. It first considers the distinctions between employee “loyalty,” obligations of good faith, and the duty to act in the principal’s best interests. It then examines the two moral norms covered by the fiduciary’s duty of loyalty: the “bad faith breach” norm and the “necessary fiduciary norm.” The “bad faith breach” norm prohibits the fiduciary from taking advantage of his or her position by breaching, in bad faith, a duty owed to his or her principal. This norm applies to others who are not fiduciaries, such as employees and parents. The chapter explains how the “bad faith breach” norm relates to “breach of trust” or breach of faith and how the necessary fiduciary norm is associated with the norm of natural justice, which prohibits bias in decision-making. Finally, it reviews a test case that illustrates what sort of “duty of loyalty” arises in familial relationships.
Fiduciary Law and Corruption
Authors: Kim Sung Hui
Published: May 2019

This chapter argues that the common law of fiduciary obligation contains an anticorruption norm, which broadly (albeit inconsistently) proscribes and remedies the use of an entrusted position for self-regarding gain. Section II begins with the conventional definition of public corruption, the use of public office for private gain, to derive a general definition of corruption that is applicable to both public and private sector contexts. Corruption is generally defined as the use of an entrusted position for self-regarding gain. Section III argues that courts have aimed to prevent corruption and invoked the anticorruption norm in cases applying fiduciary law’s proscriptive rules, the no-conflict and no-profit rules, in various fiduciary contexts. These rules are generally grounded in the rationale that fiduciaries should avoid being tempted into using their positions to seek their own advantage. Section IV argues that one of the main insights to be gained from understanding that fiduciary law contains an anticorruption norm is that fiduciary law helps to preserve and promote the legitimacy of important social institutions. While this chapter principally relies on the prevailing “public-office-centered” definition of corruption, which is used by contemporary social scientists and which attempts to identify corrupt behavior, it shows how a broader, classical understanding of corruption, which emphasizes the moral decay and depravity of an individual’s character, has also informed fiduciary law.
New Frontiers in Private Fiduciary Law
Authors: Miller Paul B.
Published: May 2019

This chapter charts new frontiers of scholarly inquiry in fiduciary law. The chapter first orients the reader by taking stock of the current state of play in fiduciary scholarship. It then identifies a range of important questions that should inspire future work in the field. More specifically, it identifies pressing questions of legal theory (conceptual and normative analysis), economic and empirical legal studies (including classical and behavioral economic analysis), and historical and sociological inquiry. The chapter also raises questions of interest to private law theorists and scholars interested in exploring the significance of fiduciary principles within various subfields, from trust and corporate law to health law and legal ethics.
New Frontiers in Public Fiduciary Law
Authors: Fox-Decent Evan
Published: May 2019

This chapter considers new frontiers in public fiduciary law, frontiers that it argues are vast and open because public fiduciary theory, within the domain of public law, is an interpretive theory of everything. It also describes public fiduciary theory as a relatively ecumenical theory of everything that has drawn the attention of theorists with differing normative views. After explaining why public fiduciary theory is an interpretive, ecumenical theory of everything, the chapter examines five new frontiers with rich potential for development from a fiduciary perspective: various fields of national, international, and transnational public law; the relationship between fiduciary states and democracy; future generations; alternative and critical theoretical approaches to public fiduciary law; and jurisprudential inquiry into the nature of law. The theoretical approaches are compared with those used by Stephen Galoob, Ethan Leib, Evan Criddle, and Evan Fox-Decent. One such theoretical framework deals with public authority, developed by John Locke and his followers; roughly, the “Lockean tradition.”
Empirical Analysis of Fiduciary Law
Authors: Klick Jonathan , Schanzenbach Max M.
Published: May 2019

This chapter offers an empirical analysis of fiduciary law, focusing on whether fiduciaries react to changes in fiduciary standards and which fiduciary rules maximize social welfare. Empirical studies of fiduciary law across three areas are discussed: corporate governance, fiduciary investment, and medical malpractice. The chapter considers fiduciary principles in corporate governance by looking at the duties of care and loyalty, citing empirical evidence implying that fiduciary duties in the corporate governance context influence corporate decision-making. It also examines the law of fiduciary investment, drawing on empirical evidence across three key areas: the implementation of the Prudent Investor Rule in private trusts, management of charitable trusts and prudent distributions, and the consequences of potentially conflicted advice to retirement savers. Finally, it explores the duty of care in the context of medical provider-patient relationships and the duty of loyalty in physician-client relationships.
Fiduciary Law and Financial Regulation
Authors: Jackson Howell E. , Gillis Talia B.
Published: May 2019

This chapter explores the application of fiduciary duties to regulated financial firms and financial services. At first blush, the need for such a chapter might strike some as surprising in that fiduciary duties and systems of financial regulation can be conceptualized as governing distinctive and nonoverlapping spheres: fiduciary duties police private activity through open-ended, judicially defined standards imposed on an ex post basis, whereas financial regulations set largely mandatory, ex ante obligations for regulated entities under supervisory systems established in legislation and implemented through expert administrative agencies. Yet, as the chapter documents, fiduciary duties often do overlap with systems of financial regulation. In many regulatory contexts, fiduciary duties arise as a complement to, or sometimes substitute for, other mechanisms of financial regulation. Moreover, the interactions between fiduciary duties and systems of financial regulation generate a host of recurring and challenging interpretative issues. The chapter explores the reasons fiduciary duties arise so frequently in the field of financial regulation and provides a structured account of how the principles of fiduciary duties interact with the more rule-based legal requirements that characterize financial regulation. As grist for this undertaking the chapter focuses on a set of roughly two dozen judicial decisions and administrative rulings to illustrate its claims.
Fiduciary Principles in Pension Law
Authors: Muir Dana M.
Published: May 2019

This chapter examines the underlying fiduciary principles of pension law, focusing on two forms of pension plans: defined contribution (DC) plan and defined benefit (DB) plan. It first considers the ERISA principles and how they differ from public-sector pension law, along with the extent to which the courts have applied general principles of trust law when interpreting and filling gaps in ERISA. It then discusses the fiduciary triggers of pension law, laying emphasis on the definition of fiduciary in pension law and the ways in which that definition is circumscribed. It also tackles the fiduciary status that arises when investment advice is given in the case of DC plans, co-fiduciary liability that exists under ERISA, how ERISA circumscribes the extent to which fiduciaries owe duties, and the “two hat” problem that arises when the plan sponsors act as fiduciaries. The chapter proceeds by analyzing the fiduciary duties of loyalty, care, and diversification as applied in the pension plan context; breach of fiduciary duty associated with the selection of investment options and service providers; employer stock as an investment option in DC plans; and economically targeted investments. Finally, it explains ERISA’s periodic and episodic disclosure obligations that intersect with fiduciary duties, along with other legal obligations, mandatory and default rules governing a pension plan fiduciary’s obligations, and remedies under ERISA available to pension plan participants in cases of breach of fiduciary duty.
Diversity and Group Creativity
Authors: Paulus Paul B. , van der Zee Karen I. , Kenworthy Jared B.
Published: May 2019

It is often presumed that diversity of group members will enhance group creativity. However, the evidence for this has been mixed. This chapter summarizes the state of the science in this area and provides an integrative framework based on the categorization elaboration model of van Knippenberg and colleagues. It focuses on the factors that influence the expression of diverse perspectives, attention to such expressions, the elaboration of the shared ideas, and how these lead to creative outcomes. It evaluates the importance of identity factors in this process and discusses the potential impact on both divergent and convergent creativity. It notes some of the gaps in the literature and suggests future directions.
Affective Influences on Creativity in Teams
Authors: To March L. , Fisher Cynthia D.
Published: May 2019

Both affect and creativity have been recognized as constructs operating at multiple levels. This chapter addresses the complicated relationship of affect to creativity at three levels: within-person over time, in dyads, and in groups. First, it provides an integrative review of affect-creativity relationships at each level, concluding that the different thinking styles triggered by positive and negative affect may both be helpful for creativity. It suggests that effects may depend on stage in the creative process as well as diversity in affect within a dyad or group. Second, it draws on regulatory focus theory to provide a more task-specific typology of affect and explore likely effects on creativity. Specifically, it develops propositions to explain why and how promotion-focused affect (e.g., excitement) and prevention-focused affect (e.g., worry) may come together to foster creativity in different stages of the creative process at the within-person, dyad, and group levels. It concludes with questions for future research at each level.
The Endocrinology of Social Relationships and Affiliation
Authors: Anderl Christine , Saphire-Bernstein Shimon , Chen Frances S.
Published: May 2019

Scientific understanding of the neuroendocrine foundations of human social behavior has grown substantially in recent decades. Methodological advances now allow for empirical research on neuroendocrine contributors to both stable differences between individuals (e.g., personality traits) and fluctuations within individuals (e.g., situational influences) in how social relationships are formed and maintained. This chapter will provide an overview of recent research documenting the role of (1) oxytocin and vasopressin; (2) estrogen, progesterone, and testosterone; and (3) cortisol on romantic, parental, and friendship relationships in humans.
Competition, Dominance, and Social Hierarchy
Authors: Casto Kathleen V. , Mehta Pranjal H.
Published: May 2019

This chapter reviews literature having to do with the social-behavioral neuroendocrinology of competition, dominance, and status hierarchies in humans. After defining these terms, their importance, and everyday relevance, the chapter discusses the major research findings that suggest a bidirectional influence between these social behaviors and the steroid hormones cortisol and testosterone. Specifically, the association between cortisol and social rank and cortisol’s reactivity to social challenges are discussed. Further, this chapter discusses research that tests the predictions that basal testosterone is related to status-motivated behavior, that testosterone levels are transiently altered during contests for status, and that these changes function to promote subsequent status-seeking behavior. Noting the nuance of these findings, the personality and context factors that appear to moderate testosterone–status relationships are highlighted. Finally, this chapter includes both a new theoretical model for the testosterone–social status relationship that captures this complexity and, in closing, summarizes promising areas of future research.
Stress Hormones, Physiology, and Behavior
Authors: Mogilski Justin K. , Wysocki Anna , Reeve Simon D. , Mitchell Virginia E. , Lunge Jenna , Welling Lisa L. M.
Published: May 2019

Stress, be it physical or psychological, can have a devastating long-term impact on an individual’s development, health, and well-being, and yet can be adaptive in the short term (e.g., promoting immediate survival, triggering the desire to remedy social conflict). The stress response system involves physiological processes in reaction to a real or perceived threat, which serve a variety of purposes. This chapter reviews pertinent topics and research within the social neuroendocrine study of stress, including acute versus chronic stress, and how stress influences social behavior and status. Where appropriate, it offers critiques of current theoretical models and includes suggestions for future directions within this research area.
Neurocognition in Menopause and Reproductive Disorders
Authors: Morgan Kelly N. , Kantarci Kejal , Asthana Sanjay , Gleason Carey E.
Published: May 2019

The gonadal hormone estrogen is influential in numerous cognitive processes. Various brain regions outside of those directing sexual and reproduction functions have estrogen receptors. Subsequently, data suggest that shifts in hormone profiles causing significant alteration in estrogen levels alter cognition, including menopause, hysterectomy, and disease processes such as polycystic ovary disease and Turner’s syndrome. The cognitive effects of estrogen declines associated with menopause, hysterectomy, and endocrine diseases are reviewed in this chapter. It also summarizes the extant literature examining the effects of hormone therapy on cognition with a focus on the Women’s Health Initiative’s Memory Study, the Kronos Early Estrogen Prevention Study–Cognitive and Affective Study, and the Early Versus Late Intervention Trial with Estradiol. Although controversies remain, an emerging theme is that exogenous estrogen is neither beneficial nor harmful when administered around the time of menopause. However, the cognitive effects may be dependent on the health of the neuronal substrate. Finally, the chapter highlights some of many remaining controversies related to cognitive effects of hormone therapy.
Normal Cognitive and Brain Aging
Authors: Leal Stephanie L. , Yassa Michael A.
Published: May 2019

Normal cognitive and brain aging are a set of interconnected and complex biological phenomena that can be understood from a multidisciplinary and integrative approach combining studies in animals and humans. This chapter summarizes some of the key facets involved in these phenomena from an individual differences approach and highlights episodic memory as a key area of rich investigation. Cognitive and biological changes with age are discussed with specific emphasis on the factors associated with selective vulnerabilities and resiliencies to the aging process. Factors associated with modifiable risk are discussed alongside strategies to reduce such risk and maintain intact cognitive function in older adulthood. The power of the individual differences approach as well as caveats and methodological limitations to neurocognitive aging research are discussed with the goal of delineating key gaps in understanding the aging brain and paving the path for future investigations.
HIV-Associated Neurocognitive Disorders
Authors: Iudicello Jennifer E.  , Morgan Erin E. , Hussain Mariam A. , Watson Caitlin Wei-Ming , Heaton Robert K.
Published: May 2019

Human immunodeficiency virus enters the central nervous system (CNS) early after systemic infection, and may cause neural injury and associated neurocognitive impairment through multiple direct and indirect mechanisms. An international conference of multidisciplinary neuroAIDS experts convened in 2005 to propose operationalized research criteria for HIV-related cognitive and everyday functioning impairments. The resulting classification system, known as the Frascati criteria, defined three types of HIV-associated neurocognitive disorder (HAND): asymptomatic neurocognitive impairment, mild neurocognitive disorder, and HIV-associated dementia (HAD). Consideration of comorbid conditions that can influence neurocognitive performance, such as developmental disabilities, non-HIV forms of CNS compromise (neurological and systemic), severe psychiatric conditions, and substance use disorders, is essential to differential diagnosis. Since the introduction of combination antiretroviral therapy (ART), rates of severe HAND (i.e., HAD) have greatly declined, although the milder forms of HAND remain quite prevalent, even in virally suppressed people living with HIV (PLWH). Beyond ART, clinical management of HAND includes behavioral interventions focused on neurocognitive and functional improvements. This chapter covers a range of HAND-related topics, such as the neuropathological mechanisms of HIV-related CNS injury, assessment and diagnostic systems for neurocognitive and everyday functioning impairment in HIV, treatment and protective factors, aging with HIV, HAND in international settings, and ongoing challenges and controversies in the field. Future needs for progress with HAND include advances in early detection of mild cognitive deficits and associated functional impairment in PLWH; biomarkers that may be sensitive to its underlying pathogenesis; and differential diagnosis of HAND versus age-related, non-HIV-associated disorders.
Rapidly Progressive Dementia
Authors: Soleimani-Meigooni David N. , Geschwind Michael D.
Published: May 2019

Jakob–Creutzfeldt disease (JCD) is a rare prion-mediated disease that causes rapidly progressive dementia. Prions are pathogenic, misfolded proteins that propagate via an infection-like mechanism from person to person (e.g., kuru and iatrogenic JCD) and through zoonotic means (e.g., variant JCD). Prions also occur sporadically and genetically. JCD has a broad range of phenotypic and clinical characteristics, which overlap with many neurological and psychiatric disorders, making diagnosis difficult. New diagnostic techniques, including diffusion-weighted magnetic resonance imaging and real-time quaking-induced conversion have increased the accuracy of JCD diagnosis. Despite these improvements, JCD continues to be difficult to diagnose, and clinicians often need to generate a broad differential diagnosis and systematically rule out mimicking disorders before confidently diagnosing JCD. Although there are currently no effective disease-modifying treatments, clinical trials, emerging treatment approaches, and interventions for preventing prion disease transmission are discussed in this chapter.
Genetics of Adult Cognitive Disorders
Authors: Evers Laney , Verscaj Courtney , Mez Jesse
Published: May 2019

This chapter reviews fundamental principles of genetics and genomics as well as many of the analytic tools available to conduct genetic research. Information is presented in the context of genetic research on well-understood adult cognitive disorders. Specifically, this chapter utilizes Huntington’s disease to explain concepts related to diseases with Mendelian inheritance patterns, and it uses Alzheimer’s disease to discuss topics related to diseases with complex inheritance patterns. An array of topics are covered, including how genetic information is inherited, linkage analysis, genome-wide association, missing heritability, next-generation sequencing, epistasis, gene–environment interaction, and epigenetics. Although not fully comprehensive, the chapter does provide sufficient background that the clinician and clinical researcher can begin to competently review the human genetics literature and can effectively communicate with their genetics colleagues.
Cancer and Cancer Treatment-Related Cognitive Impairment
Authors: Root James C.  , Ryan Elizabeth , Ahles Tim A.
Published: May 2019

As the population of cancer survivors has grown into the millions, there is increasing emphasis on understanding how late effects of treatment impact survivors’ ability return to work/school, ability to function and live independently, and overall quality of life. Cognitive changes are one of the most feared problems among cancer survivors. This chapter describes the growing literature examining cognitive changes associated with non-central nervous system cancer and cancer treatment. Typical elements of cancer treatment are discussed, followed by a description of clinical presentation, self-reported and objectively assessed cognitive findings, and results of structural and functional neuroimaging research. Genetic and other risk factors for cognitive decline following treatment are identified and discussed, together with biomarkers and animal models of treatment-related effects. This is followed by a discussion of behavioral and pharmacologic treatments. Finally, challenges and recommendations for future research are provided to help guide subsequent research and theoretical models.
Ethical Issues in Adult Cognitive Disorders
Authors: Horwege Andrea , Hammek Thomas , Jwa Anita Sue , Rosen Allyson C.
Published: May 2019

During the past few decades, there has been tremendous progress in the diagnosis and treatment of cognitive disorders. With these opportunities to advance diagnosis and care, there are new ethical and practical concerns. This chapter provides a general overview of ethical issues related to patients with diminished cognitive functioning. It describes essential concepts and issues that clinicians must know, such as treatment decision-making, limitations on independence, protection from harm, and interpretive issues surrounding effort testing. It then describes ethical issues related to clinical research, such as informed consent and assent for research participation, and considerations when conducting clinical trials. Finally, the chapter describes some issues surrounding neuroethics, such as preparing for and dealing with incidental findings, early detection of disorders, neuroenhancement, and the use of deception.
Type 1 and Type 2 Diabetes and the Brain
Authors: Neyman Olga , Hershey Tamara
Published: May 2019

This chapter focuses on the neurocognitive effects of diabetes mellitus, particularly type 1 and type 2 diabetes. Although many of the side effects of diabetes—such as retinopathy, nephropathy, and peripheral neuropathy—are well known, the consequences on cognition have received comparatively little attention. These consequences will become more important as the rate of diabetes continues to rise at a staggering rate and millions of people are affected throughout the world. This chapter provides an overview of the current knowledge on how diabetes mellitus affects cognitive function, emphasizing the role of hypo- and hyperglycemia, while placing it in the context of diabetes as a whole.
Chronic Kidney Disease and Neurocognition
Authors: Drew David A. , Weiner Daniel E.
Published: May 2019

Patients with kidney disease are at high risk for developing neurocognitive impairment. Declining kidney function and proteinuria are both strongly associated with a greater prevalence and severity of impairment. Cerebrovascular disease is thought to be the predominant pathophysiologic process underlying the association between kidney disease and neurocognitive impairment, although retention of uremic metabolites may also contribute. Use of angiotensin-converting enzyme inhibitors or angiotensin receptor blockers to reduce proteinuria in patients with chronic kidney disease may limit cognitive decline, although whether this is a result of slower kidney function decline is uncertain. Dialysis treatments mitigate cognitive changes specifically related to uremia but do not improve underlying neurocognitive impairment if present. Limited data indicate that kidney transplantation may result in improved cognitive function in many transplant recipients, suggesting a prominent role for a well-functioning kidney in neurocognitive function. Reflecting the underlying pathology, neurocognitive tests that include assessment of executive function are recommended for patients with kidney disease.
Cognitive Impairment in Liver Disease
Authors: Pantham Ganesh , Mullen Kevin D.
Published: May 2019

Hepatic encephalopathy (HE) encompasses a range of neuropsychiatric abnormalities in patients with significant liver disease. This chapter describes recently agreed upon terminology, current thoughts on the pathogenesis of HE, and an approach to the treatment of this disorder. The spectrum of symptoms with mild cognitive and attention deficits are now described as covert HE; more severe symptoms, such as personality changes, intellectual impairment, and depressed level of consciousness, are defined as overt HE. The precise mechanisms involved in the pathogenesis of HE are not completely established despite its association with elevated blood ammonia levels. The rationale for treatment of HE depends on controlling the blood ammonia levels; however, other substances may also play an important role in the pathogenesis of HE. The chapter discusses the important principles involved in the treatment of overt HE, which consists of a four-pronged approach: identification and correction of clinical precipitants, recognition and management of coexisting medical conditions, empiric treatment of overt HE, and care of the unconscious patients. The chapter also discusses new therapies, such as addition of rifaximin to lactulose treatment for grade 3 and 4 overt HE and polyethylene glycol therapy. Patients with more advanced liver disease or with recurrent episodes of overt HE are generally treated with liver transplantation.
Democracy, Partisanship, and Civil Society
Authors: Kim Sung Ho
Published: May 2019

Weber is not generally recognized as a democratic theorist of civil society. Drawing from his religious and political writings, this chapter reconstructs his vision of pluralistically organized civil society. As such, Weber’s civil society was primarily a site of civic education and leadership selection where dynamic culture and a system of contestation would help arrest the bureaucratic petrification of modern democracy. Based on this reconstruction, Weber’s deeply political vision is brought to bear upon contemporary theories of civil society, including the partisanship theory of late, in order to explore the relevance of his politics of civil society in a time of troubled democracy.
Class, Caste, and Social Stratification in India
Authors: Singh Hira
Published: May 2019

Max Weber’s distinction between class and status, identifying caste as the latter, is the single most important influence on the mainstream sociology of caste. There is ambiguity in Weber’s conceptualization in the sense that the contrast between class and status is marked by precarity in the long run when stabilization of economic power serves as a condition for the predominance of status usurpations. This ambiguity remains unresolved in Weber’s conceptual formulation. Mainstream sociology of caste owing allegiance to Weber reifies the contrast between caste as status and class. In Weber, caste is part of global-historical enquiry. In mainstream sociology, caste is uniquely Indian. It is argued that a critical scrutiny separating the rational and historically verifiable from the irrational empirically-historically unverifiable elements in Weber’s conceptual and theoretical formulations will enrich the Weberian legacy. Similarly, historical, cross-cultural comparative study will liberate caste from the myth of Indian exceptionalism.
Polarization and Media Usage
Authors: de Benedictis-Kessner Justin , Baum Matthew A. , Berinsky Adam J.
Published: May 2019

This chapter examines the literature concerning media choice and partisan polarization. The past few decades have seen enormous growth in the number of television and internet news sources, giving consumers dramatically increased choices. Previous research has suggested two distinct links between media choice and partisan polarization: partisan media as a reflection of polarization, as partisans self-select into media that conforms with their preexisting views, or as a cause of polarization, when outlets present one-sided stories that persuade people to adopt more extreme views. This chapter discusses how the literature in these two research traditions has diverged, as well as more recent research attempting to bridge this divide. Using novel methods, these studies have drawn together both self-selection and causal research designs to provide a more complete picture of media choice effects, and expanded the literature to more recent mediums, including the internet and social media.
Interest Groups and Elections
Authors: Berry Jeffrey M.
Published: May 2019

The relationships between interest groups, political parties, and elections have always been dynamic, but in recent years change has accelerated in ways that have favored some interests over others. This chapter considers these developments as the result of a variety of factors, the most critical of which are the growth of polarization, a new legal landscape for campaign finance, and new organizational forms. The chapter goes on to suggest, that as bipartisanship has ebbed, elections have become winner-take-all affairs and interest groups are pushed to choose sides. The chapter further suggests that the rise of super PACs is especially notable as wealthy individuals have become increasingly important, single sources of campaign money, supplanting in part traditional interest groups, especially conventional PACs. It concludes that even as sums spent by super PACs and other interest groups have skyrocketed, the impact of their direct spending on persuading voters remains uncertain.
Time and Regime Change
Authors: Wilson Matthew
Published: May 2019

This chapter summarizes conclusions about the timing of regime change and focuses on transitions from authoritarian rule. After discussing the ways in which legislatures and parties are thought to extend the life of nondemocratic regimes, it argues that scholars have paid insufficient attention to the specific role of legislatures in authoritarian regimes in historical context. Conceptualizing regimes by combining information on electoral practices and legislatures, it explores temporal aspects of regime change and demonstrates the staying power of legislative authoritarian regimes. Contributions include providing an overview of the ways in which scholars have described temporal processes involving regime change and expanding our knowledge of the complementarity of political institutions in autocracies.
Postcolonial Biblical Criticism and Feminist Studies
Authors: Scholz Susanne
Published: May 2019

After Two-Thirds World Bible scholars connected postcolonial theories with biblical studies in the early 1990s, it took another decade for postcolonial feminist Bible scholars to examine the Bible and its interpretation as part of past and present colonial and gender-oppressive structures of domination. Postcolonial feminist interpretations have proliferated in three main areas: (1) theoretical considerations about the nature, purpose, and goals of postcolonial feminist exegesis; (2) text-centered readings of particular biblical books, chapters, and themes or characters; and (3) some considerations on (post)colonial biblical interpretation histories with attention to sexism and gender issues. Challenges remain for postcolonial feminist exegetes. Yet, overall, postcolonial feminist exegetes continue to be called to make important scholarly contributions in solidarity with the ongoing struggles of bringing justice, peace, and the integrity of creation into the world.