bluuebunny/crossref_metadata_2025 huggingface dataset:
Our Evolutionary Underpinnings
Authors: Glaze Amanda L.
Published: May 2019

Evolution is a topic that continues to spark political, social, and educational debates around the United States. Despite widespread agreement among scientists as to the legitimacy and value of research and understanding of evolution, the public forum is still characterized by contention, mistrust, and misinformation. In the 150 years post-Darwin, and now more than 90 years after the Scopes trial, it appears that little progress has been made in ensuring all students come into college with an acceptable understanding of evolution, evolutionary mechanisms, and evolutionary theory. This chapter demonstrates where we have been and looks to the future to ensure that all students understand evolution and, by virtue of such, how scientific knowledge comes to. The authors discuss a possible pathway to that end, with the focus being not on beliefs but on understandings and the importance of accessible, accurate science education for all.
Teaching Evolution across the Curriculum
Authors: Wilson David Sloan , Geher Glenn , Gallup Andrew C. , Mativetsky Hadassah
Published: May 2019

The chapters are based largely on a movement to teach evolution across the curriculum, beginning in 2003 when one of the authors decided to initiate a program at Binghamton University. The first sister program was started by another author at SUNY–New Paltz in 2007, followed by a National Science Foundation grant during 2008–2010 to develop the programs and create a multi-institution consortium. Over 40 campuses expressed interest, but only a few developed full-fledged campus-wide programs. The EvoS Consortium movement can therefore be considered a glass that is partly full and partly empty. As this volume shows, the need to teach evolution across the curriculum is greater than ever and campus-wide established programs work well, but their establishment has become limited. In this final chapter, the authors attempt to diagnose the limiting factors and suggest ways to teach evolution across the curriculum that include, but go beyond, campus-wide programs.
Law in American History, Volume III
Authors: White G. Edward
Published: May 2019

This is the third in a series of volumes exploring central themes in American legal and constitutional history and the relationship of those themes to important events and contested issues in American culture at large. The first volume covered the period from colonial settlements in North America through the Civil War. The second volume covered the years from Reconstruction through the 1920s. This volume addresses central legal themes and their social context from 1930 through the close of the twentieth century.
The American Legal Academy and Jurisprudence I
Authors: White G. Edward
Published: May 2019

The emergence of the subject of jurisprudence in the American legal academy and legal profession in the early twentieth century, with special attention to “modernist” theories of law and judging and the origins of a jurisprudential projective exemplifying those theories, American legal realism.
The Emergence of Agency Governance
Authors: White G. Edward
Published: May 2019

This chapter gives an account of the growth of administrative agencies in the first half of the twentieth century, particularly after 1930. The chapter emphasizes the comparatively novel status of agencies as governing institutions in America, and the legal and constitutional issues their emergence posed for courts, states legislatures, and Congress.
The Laws of Mass Media
Authors: White G. Edward
Published: May 2019

This chapter surveys the development of three regimes in the laws of print, broadcast, and cable media, with different frameworks for government regulation, and the challenge of applying any of those frameworks to communications on the internet. The chapter considers constitutional decisions in each of the areas over the course of the middle and late twentieth century.
The American Legal Academy and Jurisprudence II
Authors: White G. Edward
Published: May 2019

By the close of World War II, Legal Realism had become the dominant jurisprudential perspective in the American legal academy. But developments connected to the use of totalitarian regimes of the left and right put pressure on the apparent claim of realists that “law” was simply the decisions of officials holding power. In response to that concern, and to the “antidemocratic” dimensions of judicial review of major institutions by unelected judges, “process theory,” featuring emphasis on institutional constraints and the obligation of judges to describe cases on legal principles transcending results in cases, became entrenched as a jurisprudential perspective. But then, between the 1970s and the close of the century, process theory lost its resonance. The chapter surveys those developments.
Heroic Bodies in Ancient Israel
Authors: Doak Brian R.
Published: May 2019

The bodies of a people encode and continually retell the story of their families, cities, and nations. In the Hebrew Bible, the bodies of notable heroic figures—warriors, kings, and cultural founders—not only communicate values on an individual level but they also bear meaning for the fate of the nation. The patriarch Jacob, who takes on the name of the nation, “Israel,” engages in an intense bodily drama by way of securing the family blessing and passing on his identity to the Tribes of Israel. Judges is a deeply bodily book: left-handed, mutilating and mutilated, long haired, and fractured like the nation itself, its warriors revel in bodies and violence. The David and Saul drama, throughout 1–2 Samuel, repeatedly juxtaposes the bodies of the two kings and sets them on a collision course. Saul’s body continues to act in strange and powerful ways beyond his death, and in the final episodes of Saul’s bone movement and reburial, the last heroic body goes underground. Thus, Israel’s heroic national body rises and falls on the bodies of its heroes, and the Hebrew Bible takes up a profound place in the ancient literary landscape in its treatment of heroic and body themes.
Heroic Bodies in Judges
Authors: Doak Brian R.
Published: May 2019

Chapter 3 reads the images of heroic bodies in the book of Judges on a number of levels, organized around an argument by the anthropologist Mary Douglas: “the social body constrains the way the physical body is perceived.” The two bodies cannot help but be connected, and the “forms it adopts in movement and repose express social pressures in manifold ways.” The ambiguous and severed bodies in Judges serve not merely as entertainment but rather as communicators of social disorder and political strife. Specific analysis focuses on the mutilation of Adoni-Bezek, the bodily confrontation between Ehud and Eglon, Jael’s killing of Sisera, Samson’s hair, and the dismemberment of an unnamed woman.
The Iconography of the Heroic Body
Authors: Doak Brian R.
Published: May 2019

Chapter 4 departs from the textually oriented studies in the rest of the book and explores the primary ways in which heroic bodies were iconographically portrayed in Israel’s historical and geographical environments, and more specifically, wherever possible, within the Levant and even Iron Age Israel. Texts describe visual aspects of the world in rich and subtle ways, but images have a distinct story to tell. Images function not as mere decorations but rather convey crucial information about their subjects. Specifically, the bodies of warriors in the common posture with arm raised—the “striking,” “smiting,” or “menacing” posture—come to the fore as the preeminent iconography of the heroic body in Egypt and the Levant, where striking heroic figures become a norm for warrior representations. This interaction with material culture allows glimpses into a lived world that texts obscure or simply cannot address.
The Height of Saul and the Beauty of David
Authors: Doak Brian R.
Published: May 2019

Chapter 5 analyzes the bodies of Israel’s first two kings, Saul and David. In the broader landscape of Samuel-Kings, precious few bodies take center stage, truly positioning Saul head and shoulders above the crowd and David as the ideal monarchic body over the short-lived united kingdom. Saul and David participate in a rather complex “body drama” in 1 Samuel that scholars have not yet analyzed with enough depth in its bodily dimensions, especially given the pervasiveness of body themes both explicitly and subtly interwoven throughout the narratives. In this chapter, we continue to see individual bodies reflected back into the corporate body, and vice versa, though for David and Saul the process seems more ambiguous, complicated by the rollercoaster of affairs that characterize the national body through the reigns of both men: moments of strength and unity, undermined, reconciled, undermined again, valorous, cowardly, bold, and hidden.
Saul’s Heroic Bones
Authors: Doak Brian R.
Published: May 2019

Chapter 6 follows a tradition of comparative studies linking Saul with Greek heroic themes and takes up a detailed analysis of Saul’s bone-transferral narratives (1 Samuel 31; 2 Samuel 21) in light of what is known about heroic bone relics and the politics of hero cults in the Iron Age Western Mediterranean. Saul’s status as an Israelite hero is a hitherto underexplored lens through which to investigate the meaning and power of his dead body, and here it is argued that by comparing the biblical account of the transferral of Saul’s bones with classical Greek texts of heroic bone transfer, we are able to see the political import of David’s actions in the Bible more clearly as a “body manipulator” and thus better understand the dynamics of bodily power in this text.
Conclusion
Authors: Doak Brian R.
Published: May 2019

Chapter 7 summarizes the book as a whole, and offers a series of thoughts about what happens to the “heroic body” after David and Saul. On the most basic level, permeating all of the book’s chapters, we have seen how biblical authors paid explicit and sustained attention to heroic bodies. Israel’s own namesake founder, Jacob/Israel, leads with his body in critical moments. Judges is a deeply bodily book, with characters revelling in bodies and violence. The David and Saul drama juxtaposes the bodies of the two kings, and Saul’s body continues to act in strange and powerful ways beyond his death. Finally, by evoking a comparison with Greek materials, we may consider the shift in post-exilic biblical texts to present us with thinking bodies, lamenting bodies, interpreting bodies, reading bodies, writing bodies, in order to signal a historical transformation and a conceptual change in the way leadership functions.
On Streisand
Authors: Mordden Ethan
Published: May 2019

This critical analysis of Barbra Streisand looks past the mainstream show-business principal to deconstruct an artist who is in fact a revolutionary figure. Streisand pioneered an intense and even passionate singing style at odds with the once prevailing easy-listen manner typified by Ella Fitzgerald and Frank Sinatra. Like Dustin Hoffman and Jack Nicholson, she was one of the new wave actors of the 1960s who broke away from the standard models for movie stars. But Streisand has much greater range than others of this kind, as comfortable in musical comedy as in serious drama. She can play the madcap Fanny Brice and Dolly, the politically intense heroine of The Way We Were, the sexually abused daughter who becomes a prostitute and a murderer in Nuts, the cross-dressing Yentl who seeks the liberty that men take for granted and women are denied. Streisand has been, in all, an invigorating artist, not only unique but extraordinary. It would be impossible to imagine what American culture would have been like without her.
An Introduction to Streisand’s Life and Work
Authors: Mordden Ethan
Published: May 2019

This chapter introduces the reader to Barbra Streisand’s life and work, focusing on how being a singer and an actor, separately and together, have characterized her career. It first provides a background on Streisand’s family and early childhood as well as her determination to get into acting before focusing on her early mentors, including actor Barry Dennen, Peter Daniels, Allan Miller, and Martin Erlichman. It then considers how Streisand started as a singer and went on to establish an acting and a singing career on Broadway, first with a supporting role in I Can Get It For You Wholesale, and how she was signed by Columbia Records. It also examines how Funny Girl gave Streisand a new-star-in-town triumph, her free concert A Happening in Central Park, and some of the films she made such as The Way We Were, A Star Is Born, and Yentl. Finally, it mentions Streisand’s affair with hair-salon entrepreneur Jon Peters.
Genji’s Gardens
Authors: Smits Ivo
Published: May 2019

This essay explores conceptual and cultural notions of “nature” in the Heian period and especially the many representations of nature in The Tale of Genji. Nature represented is nature codified; concrete nature imagery was employed in sustained ways to sketch the emotional state of protagonists. Yet nature could also trigger, rather than resonate with, emotional response. Central is a series of readings of the gardens of the Rokujō estate in The Tale of Genji; in turn, those readings are framed in a larger survey of garden design theory, practices, and uses in the Heian period. Gardens in this tale offer profound insights into both how Heian courtiers related to nature and the structure of its protagonists’ relationships. In this sense, “nature” and basic structures in the tale are intimately connected.
Rethinking Gender in The Tale of Genji
Authors: Pandey Rajyashree
Published: May 2019

The study of gender is now seen as central to our understanding of The Tale of Genji. Scholars have focused on representations of amorous relations in the text to highlight women’s suffering, as well as their struggle for autonomy and their agency. This essay argues that categories such as women, sex, gender, and agency are historically and culturally variable and therefore cannot be treated as transhistorical and universal categories. It seeks to make visible the cultural variability of gender in the Genji by arguing that women do not uniformly constitute a self-evident and pre-given category, that gender is performative, and thus how it is performed—what constitutes being a woman—is itself shaped by class and status, and that modern liberal conceptions of agency are inadequate for understanding the Buddhist world of the text.
Marius Petipa
Authors: Meisner Nadine
Published: May 2019

Born two hundred years ago in Marseilles, Marius Petipa spent more than sixty years in Imperial Russia as a ballet master, serving directly under the eye of the Emperor. He became the greatest choreographer of the nineteenth century, creating a quantity of work, some of which—such as Swan Lake and The Sleeping Beauty—has survived to attract audiences all round the world. In Russia, he was revered, even if by the end of his life he had become outmoded and new ideas were circulating, culminating in the experiments of Diaghilev and the Ballets Russes. Yet even the rebels recognized his genius and their indebtedness to him. He had a lasting and profound effect, both in the Soviet Union, where ballet became an emblem of cultural prestige, and in the West, where his spiritual descendants, Diaghilev included, promulgated and extended his work. Marius Petipa: The Emperor’s Ballet Master is a survey of his life and work, before and after his arrival in St Petersburg. It is a cultural biography placing Petipa in his context. It describes the people and events around him; it traces the evolution of the aesthetics of ballet; it analyses the influences that made Petipa unique; and it examines the ways that he, in turn, influenced the course of modern ballet.
Russian Debut
Authors: Meisner Nadine
Published: May 2019

This chapter begins with Petipa’s arrival in St Petersburg and his first roles and productions there. It examines the structures of the Imperial Ballet and the directorate of the Imperial Theatres, especially the incumbent director Alexander Gedeonov. It describes the influence of the visits of Marie Taglioni, icon of the Romantic Ballet, and sketches the career of St Petersburg’s own ballerina, Elena Andreianova, who was often partnered by Petipa. It covers the appointment of Jules Perrot, choreographer of Giselle, as first ballet master, and of Jean Petipa, Marius’s father, as a teacher at the school. The arrivals of the celebrity ballerinas Fanny Elssler, Carlotta Grisi, and Fanny Cerrito are also covered, as is the effect of the Crimean War. There is also a lengthy section focusing on the subject of Petipa as a performer, outstanding in character (national) dance and mime.
Building Inner Tools
Authors: Goldstone Robert L.
Published: May 2019

Andy Clark has convincingly argued that the tools that we as humans recruit become integrated parts of an extended cognitive system that includes us as just one component. In this chapter, a Reversed Parity Principle is outlined, which can be used to show how humans can “hack” their own minds in order to build inner mental tools, thus changing our existing cognitive abilities in yet another way. The Reversed Parity Principle (RRP) invites a perspectival shift that is potentially as illuminating as the extended mind shift. Whereas extended mind arguments invite us to think of ourselves as broader, wider, and larger than we might otherwise, the RPP invites us to consider the strangeness and otherness that lies within what would normally be considered to be “us.”
Pre-Intentional Awareness of Self
Authors: Rowlands Mark
Published: May 2019

In pre-intentional self-awareness, a person is self-aware without making herself into an object of any intentional act. The idea of pre-intentional self-awareness is examined through a historical lens provided by Kant and Sartre. The idea is further developed analytically. A perceived object is always perceived as something. This occurs because a series of anticipations are generated in the perceiver. The perceiver is implicated in many of these anticipations. In perceiving an object, therefore, the perceiver is pre-intentionally self-aware. A de-intellectualized way of understanding pre-intentional self-awareness is identified and defended. Pre-intentional self-awareness attaches to the possession of conscious experiences. To the extent animals have conscious experiences, therefore, they will, thereby, be pre-intentionally self-aware. Pre-intentional self-awareness is likely to be widely distributed through the animal kingdom.
Animals as Persons and Why It Matters
Authors: Rowlands Mark
Published: May 2019

This book has been a protracted case in worst-case scenario philosophy. Assume the absolute worst about animals, and the most stringent conception of a person imaginable, and then argue that animals still qualify as persons. Some of the limitations of this strategy are identified. If animals are persons, it changes the way we think about our obligations to them. The principal change is from a treatment paradigm to a listening paradigm. In a treatment paradigm, the primary question is how we should treat them. This is an inadequate way of understanding our obligations to persons. For persons, prior to the question of how we should treat them is the necessity of listening to them: of learning to ask them the right questions and make ourselves capable of understanding their response.
Wagnérisme and the Aesthetic of Sentiment
Authors: Kieffer Alexandra
Published: May 2019

In the late 1880s, Édouard Dujardin’s Revue wagnérienne was a major contributor to early Symbolist discourse, reinterpreting Wagnerian aesthetics and Schopenhauerian metaphysics to support the innovations of forward-thinking French poets. Advancing this new Symbolist poetics, Dujardin, along with his friend and prolific contributor to the Revue wagnérienne Téodor de Wyzewa, proposed that music is an art of psychological “realism”—a claim that rested on a conception of human psychology drawn largely from British associationism and propounded in France (against the conservative academic tradition defined by Victor Cousin’s eclectic spiritualism) by Théodule Ribot. Consequently, the Revue wagnérienne became a point of contact between avant-garde music aesthetics and modern psychological notions of the self that were then gaining wide currency in France.
Pelléas et Mélisande and the Aesthetic of Sensation
Authors: Kieffer Alexandra
Published: May 2019

The premiere of Debussy’s Pelléas et Mélisande in late April 1902 occasioned a maelstrom of critical responses in the Parisian press—more than a hundred reviews over the course of a few months and eighty-eight in the month of May alone. A flashpoint of French modernism, the Pelléas premiere catalyzed a rethinking of the nature of music in this critical discourse, as prominent critics, such as Pierre Lalo and Robert Godet, shifted their account of music away from the Revue wagnérienne’s exclusive focus on sentiment and interiority and toward an aesthetics of noise, materiality, and outer sensation. While it was not uncommon for critics to compare the music of Pelléas to Impressionist painting or Symbolist poetry, such comparisons only served to highlight an overriding preoccupation with a specifically musical problem: how to negotiate the demands of musical convention and historicity against the nature of music as material sound.
Marnold
Authors: Kieffer Alexandra
Published: May 2019

One of the most vociferous of Debussy’s early defenders, Jean Marnold, the critic for the Mercure de France, bolstered his account of Debussy’s music with appeals to the acoustic discoveries of Hermann von Helmholtz. Debussy’s unconventional uses of seventh and ninth chords, Marnold claimed, represented the “artistic confirmation” of Helmholtz’s theories. Widely influential in early Debussy criticism, Marnold became a conduit through which recent developments in German acoustics and music theory were disseminated into Parisian musical culture. The technical nature of his arguments also instigated controversies within Debussy criticism, most notably with the homme de lettres Camille Mauclair. Marnold’s responses to these controversies demonstrate a sustained, and distinctively debussyste, engagement with a problem that had wide salience in musical discourse around the turn of the twentieth century: how to conceptualize the nebulous space between physiology and culture in which musical listening happens.
Rewriting Modernism
Authors: Kieffer Alexandra
Published: May 2019

By 1910, Debussy occupied a very different position in Parisian musical culture from where he had been at the premiere of Pelléas et Mélisande in 1902—now the acknowledged patriarch of modern French music rather than its intrepid trailblazer. Debussy’s writings in the decade after the Pelléas premiere, emphasizing the importance of listening and reevaluating the relationship between music and emotion, betray a significant debt to the critical discourse of debussysme. At the same time, debussysme, even for such Debussy stalwarts as Jean Marnold and Louis Laloy, was itself losing its relevance after 1910, overshadowed by other modernist currents that were then taking hold of critics’ attention. As a new music aesthetics defined by logical universals redefined the significance of Debussy’s music, the work of Henri Bergson and Albert Bazaillas inspired a new intellectual-historical relationship between the practice of music criticism and a modern psychology of the unconscious.
Bangkok is Ringing
Authors: Tausig Benjamin
Published: May 2019

Bangkok Is Ringing is an on-the-ground sound studies analysis of the political protests that transformed Thailand in 2010–11. Bringing the reader through sixteen distinct “sonic niches” where dissidents used media to broadcast to both local and diffuse audiences, the book catalogues these mass protests in a way that few movements have ever been catalogued. The Red Shirt and Yellow Shirt protests that shook Thailand took place just before other international political movements, including the Arab Spring and Occupy Wall Street. Bangkok Is Ringing analyzes the Thai protests in comparison with these, seeking to understand the logic not only of political change in Thailand, but across the globe. The book is attuned to sound in a great variety of forms. The author traces the history and use in protest of specific media forms, including community radio, megaphones, CDs, and live concerts. The research took place over the course of sixteen months, and the author worked closely with musicians, concert promoters, activists, and rank-and-file protesters. The result is a detailed and sensitive ethnography that argues for an understanding of sound and political movements in tandem. In particular, it emphasizes the necessity of thinking through constraint as a fundamental condition of both political movements and the sound that these movements produce. In order to produce political transformations, the book argues, dissidents must be sensitive to the ways that their sounding is constrained and channeled.
Megaphone Singing
Authors: Tausig Benjamin
Published: May 2019

This is the third of several interlude chapters that are interspersed throughout the book to give an impression of conditions the author encountered. The author joins the Red Sunday group at a candlelight vigil, in which protestors pantomime death. The group’s demonstration is in the vicinity of a larger political rally, which has its own stage and sound system. Orn, a member of the Red Sunday group, sings into a megaphone, but her song is all but lost among sounds of the larger rally. The group was in its own “sonic niche.” Its disjuncture relative to the surrounding protest was hard, audible, and maintained on purpose.
Whistles
Authors: Tausig Benjamin
Published: May 2019

This short chapter describes the use of whistles at Red Shirt protests, both by police and by Red Shirt volunteer guards. Whistles performed authority, even when their particular sonic emanations were not indexical. Examples include whistles used by parking lot attendants, expressway traffic police, and mass transit station agents, as well as by crew members of vessels on canals and rivers, and the Thai navy. The author describes the dueling use of whistles by Red Shirt demonstrators and police at a specific rally, and suggests that by examining whistles we can understand how the Red Shirts aspired to a relatively conventional form of political power through their movement.
Developing Musical Economies I
Authors: Tausig Benjamin
Published: May 2019

This chapter explains, how for the Red Shirts, vending was an economically sustaining practice, and shopping was a political act. CD vendors set up throughout every rally, creating a robust economy that not only earned money for vendors, but modeled a kind of utopian economy toward which the Red Shirts aimed. Moreover, the act of shopping was for many dissidents a crucial way of locating themselves ideologically within a sprawling political movement. The chapter argues that the depth of this financial engagement was a constraint for the Red Shirt movement, including its musical agents. The author suggests that the financialization of the movement was a strategic (as opposed to a tactical) maneuver by Red Shirt organizers and vendors.
Developing Musical Economies II
Authors: Tausig Benjamin
Published: May 2019

This chapter describes the position of the musicians who participated in the musical economy described first in the previous chapter. Some of these musicians achieved a degree of celebrity, which required a delicate balance between earning money for themselves and the movement and appearing humble and authentically motivated. This balance was tremendously difficult to achieve, and was fraught with peril in the form of the judgment of outside observers, as well as the legal constraints of the government. The chapter focuses ethnographically on two musicians who appeared as celebrities within the movement, and whose entrepreneurial lives constrained their political participation. The discussion enters into conversation with Judith Butler and Rosalind Morris on the topic of contemporary protest movements and the problems of visibility and audibility.
Spontaneous Chants
Authors: Tausig Benjamin
Published: May 2019

This is the fifth of several interlude chapters that are interspersed throughout the book to give an impression of conditions the author encountered. The chapter describes spontaneous chants, which were common at Red Shirt protests. Spontaneous chants are stochastic. They cannot be predicted or located. By the time a crowd of several hundred is chanting something illegal, even unspeakable, there are no longer wrists on which to slap handcuffs. Spontaneous chants are tactical maneuvers, born of opportunity rather than planning. They may include any words, any sentiments. Chants did not always result in massive expressions of univocal dissent, and they were not always vitriolic. They could also be short experiments, joined or not.
Conclusion
Authors: Tausig Benjamin
Published: May 2019

The conclusion moves forward several years in order to reflect on how the Red Shirt movement has been constrained, even forced underground in the years since the research was conducted. Opening with an anecdote about Mark Zuckerberg in Bangkok, I argue that whereas protesters previously had access to very different media forms, which created a variegated protest movement, after the recent military coup most dissent has been pushed online only. This creates a condition amenable to government surveillance and stifles protest. I argue further against certain literature on protest and media, suggesting that ethnographic attention to local details is necessary in order to understand how media and dissent connect, and to know whether or not this condition is profitable for dissent. (In Thailand, for instance, it has not been).
Can Rehabilitation Last?
Authors: Kruglanski Arie W. , Bélanger Jocelyn J. , Gunaratna Rohan
Published: May 2019

This chapter discusses the conditions that may lead to the recidivism of violent extremists and examine them from the conceptual perspective represented in the 3N model of radicalization. It specifically considers macro-, mezzo-, and micro-level factors assumed to bear on the recidivism of deradicalized extremists. The macro-level factors include state failure, population demographics, and economic conditions; the mezzo-level factors include the interrelated phenomena of community resistance (to the reintegration of deradicalized extremists), the social stigmatization that befalls them, and the social vacuum in which these individuals may find themselves upon their release into society; and the micro-level factors relate to vocational education, age, wear and tear, and aftercare (monitoring and follow-up).
A Critical Analysis of the Evidence for Sexual Division of Tasks in the European Upper Paleolithic
Authors: de Beaune Sophie A.
Published: May 2019

This chapter provides a critical analysis of the evidence for technical activity specialization in the European Upper Paleolithic by sex. It reviews the arguments based on the kind of evidence researchers are likely to collect (e.g., direct, indirect, and analogical). Some hypotheses are based on suppositions generated by ethnographic comparisons, while others rely on direct or indirect indices (task diversification, activity zone locations, skill level identification, diversity of grave goods, and body evidence like handprints and skeletons). The aim of this chapter is to show that there was a reasoned distribution of activities within groups, accompanied by an emerging social hierarchy, but that it is very difficult to account exactly for what women and men did. And even if we suspect that some tasks were respectively performed by males or females, it is possible that there was also a certain amount of technical specialization that was not related to gender.
The Enhanced Working Memory Model
Authors: Coolidge Frederick L.
Published: May 2019

This chapter traces the origins and currents of Frederick Coolidge’s collaborations with archaeologist Thomas Wynn. It begins with their first article, in 2001, in which they traced a cultural explosion some 50,000 years ago in the archaeological record (as attested by the appearance of things like cave paintings, highly ritualized burials, depictive figurines) to enhanced executive functions (i.e., temporal sequencing, inhibition, planning, and organization) that perhaps resulted from an earlier genetic or epigenetic event not shared by Neandertals. As evidence of enhanced executive functioning in Homo sapiens, Wynn and Coolidge offered barbed points from Katanda, bow-and-arrow technology, agriculture, and the colonization of the Sahul. In their more recent papers, they labeled the cognitive consequence of this genetic event enhanced working memory, thus incorporating their ideas into Baddeley’s multicomponent model of working memory. The chapter ends with speculations on the evolutionary origins of learning and memory systems, looking back to the very beginnings of life on earth.
Love from the Point of View of the Universe
Authors: Nussbaum Martha C.
Published: May 2019

A surprising connection was recently discovered between the proper Victorian philosopher Henry Sidgwick, great Utilitarian theorist, and Walt Whitman. I explore the deep affinity between Utilitarianism, often mischaracterized as cold, obtuse, and economistic, and Whitman’s radical poetic humanism. The Utilitarian vision of the founders also sought a radical equality, aiming to increase the average utility of each individual, regardless of social status. Like Whitman’s poetry, its vision of human desire resisted the hypocritical hierarchies of conventional morality. Jeremy Bentham, Utilitarianism’s founder, criticized conventional morality by arguing that pleasures differed only in quantity rather than quality. He rejected the distinction between “higher” and “lower” pleasures as a screen behind which to condemn the behavior of others while validating one’s own desires. Yet where Utilitarian critique may seem obtuse or fail to provide a positive vision for human endeavor, it benefits from Whitman’s poetic vision of cosmic unity and democratic equality. Whitman’s poetry could recognize qualitative differences in political values without a return to hierarchy. Considering the affinity between these figures and their ideas may lead us to an economics informed by both utilitarian critical reason and a passionate, qualitative assessment of political values.
Irish [and English and American] Poets, Learn Your Trade
Authors: McCloskey Deirdre Nansen
Published: May 2019

he puzzle is why poetry has so little contact with the business of ordinary life. Robert Frost is an exception, but even so ideological a poet as Auden refrains from being bleared with trade. Yeats in particular, a conservative, disdained trade, though urging poets to learn theirs. The very word “poetry,” of course, is from “thing made,” and the puzzle deepens. St. Thomas Aquinas had raised making by people to the dignity of God’s making, at least poetically. And yet. We have The Oxford Book of Love Poetry and The Oxford Book of the Sea, with battles and botanical observations (“Nothing gold can stay”), and yet the economy, even after the invention of economics by the Scots in the eighteenth century, is set aside. It has left poets and their readers in law and literature and politics proud to be thus ignorant. The sacred and the profane in fact are entangled.
Introduction
Authors: Jeung Russell M. , Fong Seanan S. , Kim Helen Jin
Published: May 2019

Chapter 1 introduces two key concepts, familism and liyi, and concludes with methodology and chapter overviews. While nonreligious Chinese Americans are heterogeneous in their worldviews, they are bound together by their familism, a transpacific lived tradition that prioritizes interdependence and right relationships through the meaningful rituals of being family. Moreover Chinese Americans tend to be heterodox and nonsystematic in their beliefs and practices, affirming the existence of spiritual beings and keeping home shrines, in spite of their nonreligious affiliations. American sociological accounts of “religious nones,” however, emphasize categories of belief and belonging that obscure Chinese Americans’ rituals, values, and practices. Thus this chapter discusses appropriating liyi as an indigenous Chinese framework in parallel with the Western category of religion. Liyi is a compound composed of two uniquely Chinese concepts: li (禮), which means “ritual propriety,” and yi (義), which means “righteousness.”
Translation
Authors: Jeung Russell M. , Fong Seanan S. , Kim Helen Jin
Published: May 2019

Chapter 4 reveals that immigrant parents had mixed success in translating the liyi practices of Chinese Popular Religion to their Chinese American children due to four major barriers. First, Chinese American families transmitted practices by modeling rituals without explaining them. The second generation performed customs without fully understanding the symbols and meanings. Second, the dissonant acculturation between parents and children led the second generation to be more Americanized and less receptive to traditional, hierarchical values. Third, Christian dominance and privilege in the United States rendered Chinese practices exotic and superstitious. Fourth, gendered and racialized experiences “othered” Chinese traditions as foreign and outdated. In spite of these barriers, Chinese Americans distilled and hybridized what was most important to them from these practices to sustain familism.
Beyond Haidt’s New Synthesis
Authors: Gibbs John C.
Published: May 2019

This chapter reviews—and moves beyond—Haidt’s new synthesis of trends in disciplines (such as social psychology, neuroscience, and evolutionary psychology) pertinent to morality and enculturation. Reviewed are his major themes: ingroup solidarity, intuitive primacy, and social persuasion (rather than truth or objectivity) as the function of moral reasoning. His work reminds us of our pretensions and the major role of innately prepared, fast, preconscious intuitions in morality. He discusses the phylogenetic history and neurology of those intuitions and their shaping through culture. We are also reminded of the values of phylogenetic humility, scientific description, and cultural diversity. In the final analysis, however, three serious limitations of Haidt’s theory—a negative skew or inadequacy in descriptive work; an unwarranted exclusion of the prescriptive implications of the higher reaches in morality; and moral relativism—overshadow its contributions.
Understanding Antisocial Behavior
Authors: Gibbs John C.
Published: May 2019

The referent for social behavior shifts in this chapter to antisocial behavior and how to account for it. Most offenders, from petty pranksters to ideological terrorists, fail (except for self-serving purposes) to take the perspectives of their victims. Social perspective-taking limitations pervade the “three Ds” of antisocial youth: moral developmental delay, self-serving cognitive distortions, and social skills deficiencies. The latter variables are needed to supplement Kohlberg’s and Hoffman’s emphasis on developmental delay if we are adequately to account for antisocial behavior. The chapter concludes with the powerful illustrative case of Timothy McVeigh. This case makes particularly clear how cognitive distortions can insulate a self-centered worldview (itself a primary distortion, linked to feeling superior or inadequately respected); that is, self-serving distortions can preempt or neutralize social perspective-taking, moral understanding, and veridical empathy.
Capital Markets, Derivatives, and the Law
Authors: Rechtschaffen Alan N.
Published: May 2019

The American economy looks good. This is in the wake of a decade where dramatic failures in individual markets and institutions sparked a global financial crisis resulting in political, social, and economic unrest. In the United States, a host of legislative acts completely reshaped the regulatory landscape. This book investigates the structure and the workings of financial instruments and the capital markets; it considers market evolution after the crisis and the impact of Central Bank policy. In doing so, it provides the tools to recognize vulnerabilities in capital market trading activities. This edition serves to explain the legal and business considerations of capital market participation.
The Financial Crisis
Authors: Rechtschaffen Alan N.
Published: May 2019

This chapter discusses the origins of the 2007 financial crisis, subprime lending, and government-sponsored entities. It argues that the events driving financial markets to the precipice of collapse during the global financial meltdown gave rise to a regulatory framework that may have been a rational response to a market in free fall, but need to be reassessed in an era of recovery. In 2018, the U.S. economy may be, by many measures, viewed as wholly recovered from the economic impact of the crisis. The stock market is trading at record highs, having erased all the losses of the crisis period and then some. With this recovery, the Trump administration seeks to restrain the regulatory burden imposed during the crisis.
Financial Instruments and the Capital Markets
Authors: Rechtschaffen Alan N.
Published: May 2019

This chapter begins with a discussion on the capital markets. It compares primary and secondary markets, and long-term versus short-term marketplaces. This is followed by a case study on the auction rate securities (ARS) market. The second section discusses financial instruments, covering the types of financial instruments (equity-based financial instruments, debt-based financial instruments, derivatives, cryptocurrency and digital assets), and the distinction between debt and equity, and federal regulation. The final section deals with the role of the attorney. It discusses competent representation, the duty to advise the client, drafting financial instruments, regulatory compliance, and the issuance of opinion letters to clients regarding the implications of financial transactions.
Types of Swaps
Authors: Rechtschaffen Alan N.
Published: May 2019

A swap is a bilateral over-the-counter derivatives contract in which two parties agree to exchange cash flows on a “notional amount” over a period of time. The notional amount is a reference amount upon which the payment formula is based. The parties exchange cash flows pursuant to an agreed-upon payment schedule, made up of one or more payment dates throughout the life of the contract. Cash flows are computed by applying the agreed-upon formula relating to each party's respective set of payments of the swap to a notional amount, that is, a hypothetical underlying value that does not necessarily itself change hands. This chapter discusses “plain vanilla” interest rate swaps, currency swaps, credit-default swaps, and the move toward regulatory reform.
Securities Regulation
Authors: Rechtschaffen Alan N.
Published: May 2019

Prior to the 2007 financial crisis, financial regulation was compartmentalized along lines of segmented financial instruments. With the exception of the regulation of swaps as described in chapter 14, post-crisis regulatory reform maintains this bifurcation of regulation along product lines between the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC). The SEC and the CFTC have begun to issue rules establishing a coordinated approach to regulating certain derivatives under the Wall Street Reform and Consumer Protection Act (widely known as the Dodd-Frank Act) in particular as they relate to swaps. This chapter discusses the jurisdiction of the SEC, what constitutes a security, sellers’ representations, consequences of securities, hedge funds, and derivatives regulation.
Fiduciary Obligation to Manage Risk
Authors: Rechtschaffen Alan N.
Published: May 2019

This chapter looks at controlling risk, operational risk management, and executive protection. Directors and officers have a duty to participate in risk management. Internal protocols and procedures are a subset of operational risk management. When there is a breakdown in internal controls, directors and officers will be held accountable for operational failures contributing to trading losses. The chapter discusses the duty to manage risk, risk management for financial and non-financial institutions, quantifying financial risk, portfolio dynamics, directors' and officers' understanding of financial instruments, risk policy, reporting lines and audit techniques, information flow, ethical concerns, responsibility for risk management, business judgment rule, education at financial institutions, and disclosure under the Sarbanes-Oxley Act.
Synthesis and Conclusion
Authors: Rechtschaffen Alan N.
Published: May 2019

This chapter begins with a synthesis of key themes, covering derivatives, debt instruments, and structured notes. It considers the case study Securities and Exchange Commission v. Goldman, Sachs & Co. & Fabrice Tourre. It then describes the Erlanger “cotton” bonds issued by the Confederate States of America to raise money during the Civil War. This is followed by discussions on range notes, internal leverage and market risk, and risks (interest rate risk, liquidity risk, reinvestment risk). The chapter concludes by describing the bulletin issued by the Office of the Comptroller of the Currency on May 22, 2002, to all national bank CEOs and all federal branches and agencies in regard to risky “yield-chasing” strategies that were returning to the markets.
Taxation as a Human Rights Issue
Authors: Fredman Sandra
Published: May 2019

This chapter suggests a four-dimensional conception of substantive equality to evaluate the gendered impacts of taxation policies from a human rights perspective. The four-dimensional framework of substantive equality in relation to gender regards the right to equality as aiming to, first, redress disadvantage (the redistributive dimension); second, address stigma, stereotyping, prejudice, and hatred (the recognition dimension); third, facilitate participation and voice (the participative dimension); and, fourth, accommodate difference and transform gendered structures in society (the transformative dimension). This multidimensional conception of substantive equality functions as a valuable tool in evaluating taxation systems for their impact on gender. The chapter then looks at two particularly challenging aspects of taxation and gender: the role of care work, and the role of value-added tax (VAT) and other indirect taxes.
The Search for Human Rights in Tax
Authors: Christians Allison
Published: May 2019

This chapter explores the prospects for bringing legal claims seeking accountability for human rights harms due to tax policies and practices. There are a number of ways in which an individual may raise a claim that their rights have been violated in connection with taxation, each of which generally depends on some recognized relationship between the claimant and the person, entity, or institution being asked to remedy the perceived wrong. Meanwhile, there are at least three distinct kinds of relationships involving the state that could theoretically give rise to human rights claims in respect of tax. These three relationships are those among, first, individuals and their own states; second, individuals and foreign states; and, third, states among themselves as members of the international community. In each case, organizations may be formed to represent the interests of individuals, but at stake in all cases is the protection of individual rights.