bluuebunny/crossref_metadata_2025 huggingface dataset:
One-Sample and Difference-of-Means Tests
Authors: Li Quan
Published: March 2019

This chapter demonstrates the types of questions one could ask about a continuous random variable of interest and answer using statistical inference. It provides conceptual preparation for understanding statistical inference, demonstrates how to get data ready for analysis in R, and then illustrates how to conduct two types of statistical inferences—null hypothesis testing and confidence interval construction—regarding the population attributes of a continuous random variable, using sample data. Both the one-sample t-test and the difference-of-means test are presented. Two key points in this chapter are worth noting. First, statistical inference is primarily concerned about figuring out population attributes using sample data. Hence, it is not the same as causal inference. Second, statistical inference can help to answer various questions of substantive interest. This chapter focuses on statistical inferences regarding one continuous random outcome variable.
Covariance and Correlation
Authors: Li Quan
Published: March 2019

This chapter begins with the substantive question of whether trade openness and economic growth are correlated, which motivates both data preparation and statistical analysis. The chapter first illustrates how to get data ready and then demonstrates how to visualize the relationship between two variables using scatter plot. The chapter shows how to use covariance and correlation coefficient to test whether trade openness and economic growth are correlated in the population and to estimate the strength of their correlation. Like in the previous chapter, null hypothesis testing and confidence interval are used for statistical inference. The chapter then demonstrates how to derive and test the sample correlation for each year during the sample period. The problems with the correlation coefficient are that it does not control for other confounding factors of economic growth and that it does not identify the marginal effect of trade on growth.
Number and Being
Authors: Nikulin Dmitri
Published: March 2019

In the treatise “On Numbers,” as well as in Ennead V.5, Plotinus considers the place and the ontological status of number within being and thinking, taking number to be a mediation between the original unity of the one and the multiplicity of the infinite and making an important distinction between essential and quantitative number. Yet he does not explicitly address the question of the constitution of number, leaving the problem without a definitive answer. The chapter reconstructs the constitution, derivation, and construction of number in its various representations, doing so with reference to the hints and arguments provided in the texts of the Enneads.
Perceptual Learning
Authors: Connolly Kevin
Published: March 2019

Experts from wine tasters to radiologists to bird watchers have all undergone perceptual learning—that is, long-term changes in perception that result from practice or experience. Philosophers have been discussing such cases for centuries, from the fourteenth-century Indian philosopher Vedānta Deśika to the eighteenth-century Scottish philosopher Thomas Reid to a great many contemporary philosophers. This book uses recent evidence from psychology and neuroscience to show that perceptual learning is genuinely perceptual, rather than post-perceptual. It also offers a way for philosophers to distinguish between various different types of it, from changes in how one attends to the learned ability to differentiate two properties or to perceive two properties as unified. The book illustrates how this taxonomy can classify cases in the philosophical literature, and then it rethinks several domains in the philosophy of perception in terms of perceptual learning, including multisensory perception, color perception, and speech perception. As a whole, it offers a new philosophical theory of the function of perceptual learning. Perceptual learning embeds into our quick perceptual systems what would be a slower task were it to be done in a controlled, cognitive manner. A novice wine taster drinking a Cabernet Sauvignon may have to think about its features first and then infer the type of wine it is, while an expert identifies it immediately. Perceptual learning frees up cognitive resources for other tasks, such as thinking about the vineyard or the vintage of the wine. All in all, this book explores the nature, scope, and theoretical implications of perceptual learning.
How to Understand Perceptual Learning
Authors: Connolly Kevin
Published: March 2019

This introductory chapter explains perceptual learning as long-term changes in perception that are the result of practice or experience. It distinguishes perceptual learning from other nearby concepts, including perceptual development and cognitive penetration. It then delineates different kinds of perceptual learning. For instance, some kinds of perceptual learning involve changes in how one attends, while other cases involve a learned ability to differentiate two properties, or to perceive two properties as unified. The chapter uses this taxonomy to distinguish different cases of perceptual learning in the philosophical literature, including by contemporary philosophers such as Susanna Siegel, Christopher Peacocke, and Charles Siewert. Finally, it outlines the function of perceptual learning. Perceptual learning serves to offload onto our quick perceptual systems what would be a slower and more cognitively taxing task were it to be done in a controlled, deliberate manner. The upshot is that this frees up cognitive resources for other tasks.
“Chunking” the World through Multisensory Perception
Authors: Connolly Kevin
Published: March 2019

This chapter argues that multisensory perceptions are learned, not the result of an automatic feature binding mechanism. For example, suppose you are at a live jazz show. The drummer begins a solo. You see the cymbal jolt and hear the clang. But you are also aware that the jolt and the clang are part of the same event. Psychologists have assumed that multisensory perceptions like this one are the result of an automatic feature binding mechanism. This chapter argues instead that when you experience the jolt and the clang as part of the same event, it is the result of a perceptual learning process. The jolt and the clang are best understood as a single learned perceptual unit, not as automatically bound. This chapter details the perceptual learning process of “unitization,” whereby we come to “chunk” the world into multisensory units, and argues that unitization best explains multisensory perception.
Learning to Differentiate Properties
Authors: Connolly Kevin
Published: March 2019

This chapter details the role perceptual learning plays in speech perception and argues that the evidence does not show that meanings come to be represented in our perception upon learning a new language. Specifically, it outlines the role of the perceptual learning mechanism of differentiation in speech perception. Through differentiation, we come to parse features of a language, including phonemes that we had not previously differentiated. The chapter critically evaluates Casey O’Callaghan’s and Berit Brogaards’s arguments for and against the view that meanings come to be represented in our perception upon learning a new language. It argues that the evidence from perceptual learning does not support the conclusion that meanings come to be represented in our perception.
Perceptual Learning beyond Philosophy of Mind
Authors: Connolly Kevin
Published: March 2019

The concluding chapter argues that perceptual learning has relevance for philosophy far beyond philosophy of mind—in epistemology, philosophy of science, and social philosophy, among other domains. The goal of this chapter is to extend one major focus of the book, which is to identify the scope of perceptual learning. Chapters 3 through 7 argued that perceptual learning occurs in all sorts of domains in the philosophy of mind, including natural kind recognition, sensory substitution, multisensory perception, speech perception, and color perception. This chapter extends that scope beyond philosophy of mind and offers some initial sketches of ways in which we can apply knowledge of perceptual learning to those domains.
The Public's Law
Authors: Emerson Blake
Published: March 2019

The Public’s Law is a theory and history of democracy in the American administrative state. The book describes how American Progressive thinkers—such as John Dewey, W.E.B. Du Bois, and Woodrow Wilson—developed a democratic understanding of the state from their study of Hegelian political thought. G.W.F. Hegel understood the state as an institution that regulated society in the interest of freedom. This normative account of the state distinguished his view from later German theorists, such as Max Weber, who adopted a technocratic conception of bureaucracy, and others, such as Carl Schmitt, who prioritized the will of the chief executive. The Progressives embraced Hegel’s view of the connection between bureaucracy and freedom, but sought to democratize his concept of the state. They agreed that welfare services, economic regulation, and official discretion were needed to guarantee conditions for self-determination. But they stressed that the people should participate deeply in administrative policymaking. This Progressive ideal influenced administrative programs during the New Deal. It also sheds light on interventions in the War on Poverty and the Second Reconstruction, as well as on the Administrative Procedure Act of 1946. The book develops a normative theory of the state on the basis of this intellectual and institutional history, with implications for deliberative democratic theory, constitutional theory, and administrative law. On this view, the administrative state should provide regulation and social services through deliberative procedures, rather than hinge its legitimacy on presidential authority or economistic reasoning.
Origins of Progressivism
Authors: Emerson Blake
Published: March 2019

This chapter describes German state theory in the nineteenth and twentieth century. It describes this tradition in order to clarify the relevance of German ideas to the American context. American political scientists and legal scholars frequently rely on German thinkers such as Max Weber and Carl Schmitt to understand the state. But these divergent assessments lack a grounding in the longer trajectory and the institutional dilemmas of German legal theory. The chapter provides that broader context and directs readers’ attention to the most promising strand of German thought: the philosophy of G.W.F. Hegel. Hegel would have formative significance for the Progressive thinkers who developed the American administrative state. Hegel understood the state’s purpose to be the advancement of freedom. The chapter contextualizes this idea and shows its influence throughout the nineteenth century, in the Rechtsstaat theories of Robert von Mohl, Lorenz von Stein, and Rudolf von Gneist. It then shows how this normative concept of the state was emptied out with the turn to legal positivism at the end of the century. Weber’s formal-rational conception of bureaucracy then arrived at a particularly unstable moment in German constitutional history, in the transition from monarchy to democracy. Weber’s bifurcated conception of legal and charismatic authority paved the way for Schmitt’s proto-totalitarian theory of the state. The chapter concludes by showing how German theorists in the second half of the twentieth century, such as Jürgen Habermas, continued to rely on Weber’s instrumental conception of bureaucracy.
Introduction: Memorialization, Gay Assimilation, and American Religion
Authors: Krutzsch Brett
Published: March 2019

The introduction addresses how gay activists memorialized select people as martyrs in order to influence national debates over LGBT rights. In particular, the chapter lays out how religion shaped both the process of gay political memorialization as well as gay assimilation in the United States more broadly. The introduction additionally covers the history of American gay activism, the rise of assimilatory tactics following the American AIDS crisis, and the promotion of gays as “normal” citizens. As became common at the turn of the twenty-first century, many gay activists argued that gays were just like straights and, therefore, deserving of equal rights. The chapter also details how Protestant sexual standards shaped the nation’s ideas about acceptable sexual citizens and, in turn, how gay activists promoted Protestant values as necessary for the rights of full American citizenship.
“The Gay M.L.K.”: Harvey Milk
Authors: Krutzsch Brett
Published: March 2019

Chapter 1 compares Harvey Milk’s archival materials—his personal letters, speeches, and writings—to how gay activists posthumously constructed him into a national emblem for gay rights. The chapter highlights how the AIDS epidemic and the movement for same-sex marriage shaped Milk’s reconstructed image. Chapter 1 also considers how gay activists configured Milk, a Jew who, at times, promoted multi-partner sexual and romantic relationships, to fit within the standards of the Protestant Christian mainstream. In effect, the chapter explores how Milk, a local politician who served only eleven months in a city council position, became, over time, “The Gay M.L.K.”
Race and Plea Bargaining
Authors: Johnson Brian D. , Richardson Rebecca
Published: March 2019

This chapter provides an introductory overview of contemporary theory and research on race and plea bargaining. It reviews theoretical explanations for racial disparities in plea bargaining, summarizes current research on race and guilty pleas, and identifies key limitations in existing scholarship on the topic. The chapter considers how guilty plea processes may contribute to broader patterns of cumulative racial disadvantage. The chapter concludes with an overview of promising new directions for future research in this highly consequential and understudied area of the American court system.
The Institutional Effect
Authors: Luiten Jan
Published: March 2019

This chapter addresses several issues, all with the underlying intention of refining and reorienting the nuclear-hardship debate. There is a need for such reorientation, as several indicators show that the long-term outcome of this process toward a society built upon nuclear households has not led to more hardship; quite the contrary. Nor would it be fair to claim that this outcome has to be entirely due to top-down provisions, and then in particular, to charity. In this chapter the authors stress the institutional diversity of the solutions for hardship and focus on one particular group in society, namely the elderly. They demonstrate that the elderly had more “agency” than is usually expected and that a combination of institutional arrangements in addition to the top-down provisions granted the elderly more options to deal with the supposed hardship of growing old in a nuclear family structure.
Conclusion
Authors: Luiten Jan
Published: March 2019

In this chapter, the authors take a larger view and explore how different constellations of family organization have affected the position of women in societies across the Eurasian landmass. We discuss the recent contribution to the literature by Dennison and Ogilvie and provide our take on their work. A statistical analysis is conducted to see how significant the relationship between the position of women and economic development is as well as how family organization has affected the position of women. The conclusion is that family arrangements influence the position of women and that the position of women is an important determinant of economic development.
Mind Cure Medicalized: The Emmanuel Movement and Its Heirs
Authors: Hickey Wakoh Shannon
Published: March 2019

This chapter describes how members of the American medical and religious establishment appropriated some of the suggestive methods taught by Mind Curers and channeled them into mainstream Protestantism, scientific psychology, and orthodox medicine. The Emmanuel Clinic, a mental health and social work program founded by a group of elite, male clergy and physicians, was the linchpin in this process. The Emmanuel Movement that spread outward from the original Boston clinic influenced other clergy and physicians, who went on to develop Clinical Pastoral Education for chaplaincy, the fields of psychosomatic medicine and pastoral counseling, and the Esalen Institute in Big Sur, California. This chapter also describes early medical research on the placebo effect, the relaxation response, and other psychological and physiological effects of meditation. Many pioneers in the fields of religion, medicine, and psychology set the stage for Mindfulness to burst onto the scene in the 1970s.
Is Mindfulness Effective?
Authors: Hickey Wakoh Shannon
Published: March 2019

This chapter asks whether mindfulness is as broadly effective and powerful as proponents claim and considers methodological and other critiques of clinical research on mindfulness. Neuroscientists have produced vivid images of meditators’ brains, using functional MRI and PET scans, which seem to show clear, positive changes attributed to meditation. Such images are effective rhetorically but are produced in a “black box” of assumptions, technological constraints, and human factors that make them less definitive than they may appear. Other types of studies rely on meditators’ self-reports, which are not always reliable. A major issue in clinical research is that mindfulness is inconsistently defined and may be measured by scientists unfamiliar with the ways that meditation is described in canonical texts and understood by experienced Buddhist teachers and yogis. While research data do suggest that mindfulness can be beneficial, it is not the panacea that some advocates seem to suggest it is.
Introduction
Authors: Fahrenthold Stacy D.
Published: March 2019

For empires and states, diasporas present a tantalizing transnational frontier to be reclaimed for state-building purposes. Between 1880 and 1920, a half million Syrian, Lebanese, and Palestinian Arabs left the Ottoman Empire, settling in “Syrian colonies” across the Atlantic. This introduction explores the processes by which nationalist historiographies have marginalized Arab migrants. It critiques the silences that place-based archives produce and argues that reclaiming, controlling, and containing Syrian migrants abroad lay at the center of Ottoman, American, and French projects aimed at the Middle East. Writing migrant histories from indigenous archives restores the scope of such projects. Examining the papers migrants carried with them across the diaspora—papers, passports, petitions, correspondence—allows this work to pursue Syrians across multiple archival regimes. Migrant print culture is more than the sum of its writings; rather, what makes paper powerful is its ability to define the scope of Syria’s transnational geography.
The Impact of Trauma on Learning
Authors: Dombo Eileen A. , Sabatino Christine Anlauf
Published: March 2019

Research shows that children and adolescents who experience abuse and neglect have lower learning outcomes, higher rates of learning difficulties, and higher rates of mental health disorders and behavioral challenges than children without these traumatic experiences. Chapter 3 explores some of the common social, emotional, behavioral, and academic issues seen in children who experience trauma. Information to help school social workers with the process of differential diagnosis and differentiation among symptoms of posttraumatic stress disorder, attention deficit hyperactivity disorder, conduct disorder, and the cognitive and intellectual issues that require special education is provided. Information on epigenetics is also explored to connect the biological, psychological, and social domains in assessing children and adolescents.
Creating Safe Environments for Traumatized Children in Schools
Authors: Dombo Eileen A. , Sabatino Christine Anlauf
Published: March 2019

Exposure to traumatic events in childhood and adolescence can have lasting negative social, emotional, and educational effects. For schools, or any environment that serves children, to be truly trauma-informed, they must address three crucial areas: safety, connection, and emotional and behavioral regulation. Chapter 4 explores these three areas as the foundational pillars of a trauma-informed structure. Each area is explored, along with examples of how they can be created in a school environment. Concrete examples of safe behavior are provided, as are examples of classroom triggers and guidance for helping children regulate emotions in the classroom. Finally, key information on identifying early risk factors for bullying behavior is included.
Refuge beyond Reach
Authors: FitzGerald David Scott
Published: March 2019

The core of the asylum regime is the principle of non-refoulement that prohibits governments from sending refugees back to their persecutors. Governments attempt to evade this legal obligation to which they have explicitly agreed by manipulating territoriality. A remote control strategy of “extraterritorialization” pushes border control functions hundreds or even thousands of kilometers beyond the state’s territory. Simultaneously, states restrict access to asylum and other rights enjoyed by virtue of presence on a state’s territory, by making micro-distinctions down to the meter at the borderline in a process of “hyper-territorialization.” This study analyzes remote controls since the 1930s in Palestine, North America, Europe, and Australia to identify the origins of different forms of remote control, explain how they work together as a system of control, and establish the conditions that enable or constrain them in practice. It argues that foreign policy issue linkages and transnational advocacy networks promoting a humanitarian norm that is less susceptible to the legal manipulation of territoriality constrains remote controls more than the law itself. The degree of constraint varies widely by the technique of remote control.
Hamid Karzai vs. the New York Times
Authors: Brown Katherine A.
Published: March 2019

This chapter acquaints the reader with the impact of the U.S. and Western news media in Afghanistan by telling the story of how President Hamid Karzai banished New York Times reporter Matthew Rosenberg in August 2014, during the final weeks of his presidency. The chapter uses this story to illustrate the perceived hegemony that U.S. news has in international affairs by foreign actors. A country’s news media create and maintain a nation, employing common symbols and language and constructing narratives that resonate with the country’s citizens. Journalists intend to be observers of international politics, but unintentionally they are its participants. The chapter explains how news and nationalism intersect with international politics and introduces the reader to the groundbreaking yet nascent community of Afghan journalists who saw American and other Western journalists as their professional guides.
U.S. Correspondents in Afghanistan
Authors: Brown Katherine A.
Published: March 2019

This chapter focuses on the correspondents in Afghanistan who report for U.S. news agencies, most of whom are Americans. It reflects the views of more than a dozen news professionals who reported for elite news organizations on Afghanistan on how they perceived their roles. It discusses their agenda-setting power and their hegemonic role as purveyors of information to their primary and intended audience, Americans, and to the secondary audiences, such as Afghan journalists. The chapter explores these journalists’ relationship with Afghan officials and explores what they believe the future of Afghan journalism will be. The differences between the Western press and the Afghan press are explored by analyzing their coverage of the Kabul Bank corruption scandal and the mob murder of Farkhunda Malikzada.
Educational Challenges for Deaf and Hard-of-Hearing Children in Morocco
Authors: Soudi Abdelhadi , Vinopol Corinne
Published: March 2019

Deaf and hard-of-hearing (DHH) individuals have long struggled to be fully included, educationally, socially, and career-wise, in the mainstream of Moroccan society. Although the government has demonstrated philosophically that provision of education to children with disabilities K-12 is within their purview, they have yet to take substantive steps to effect this change. This chapter provides an overview of the state of education of DHH in Morocco and ongoing efforts to address challenges to full educational opportunities. More specifically, this chapter describes how a recent project funded by the United States Aid for International Development (USAID) has had a significant impact on education of the deaf there.
Deaf Education in Taiwan: History, Policies, Practices, and Outcomes
Authors: Liu Chun Jung , Liu Hsiu Tan , Andrews Jean F.
Published: March 2019

This chapter traces the Chinese/Japanese/native historical roots of Taiwan’s deaf education and presents demographics of deaf school-age children and adults. We then examine the medical/audiological and social factors affecting deaf students’ learning, including teachers’ use of pedagogical tools, curriculum, instructional strategies, and educational outcomes. Finally, we recommend a service and research agenda. We conclude that Taiwan has many multicultural and multilingual resources and services that could be tapped to serve deaf children and their families, particularly in the area of developing more accessible language-learning environments at home and at school.
Deaf Education and the Use of Sign Language in Mainland China
Authors: Dingqian Gu , Ying Liu , Xirong He
Published: March 2019

This chapter discusses the Chinese government’s policies and laws dealing with the education of deaf and hard-of-hearing (DHH) students. In policy, priority is given to placement of DHH learners in mainstream education. Listening and speech rehabilitation services for DHH preschoolers are discussed. These have been developed and provided for a long time. Currently, approaches to language teaching for students at schools for the deaf are diversifying because the initiative focusing on Chinese General Sign Language will be applied nationwide in 2018. However, due to Chinese culture and traditional education practices, teachers who work with DHH students find themselves culturally at odds with the use of sign language and tend to stick to their own, different views on the “Learning in Regular Classrooms” policy.
Deaf Education in Brazil: Contexts, Challenges, and Perspectives
Authors: Fronza Cátia de Azevedo , Karnopp Lodenir Becker , Tammenga-Helmantel Marjon
Published: March 2019

Changes in the past two decades have improved the position of the deaf in Brazil: Brazilian Sign Language (Libras) is an officially recognized language, deaf children can go to school, and bilingual education is available to deaf students. However, many deaf children do not attend school, and enrollment rates in high school and higher education are low. Moreover, the language policy views of the Brazilian deaf movement and the Brazilian Ministry of Education do not align. The deaf movement pleads for bilingual deaf schools, whereas the Brazilian government follows an inclusion policy. This chapter presents an overview of the position of the deaf in Brazil and their participation in education, considering national deaf policy and its implications for and impact on deaf education. Teaching practices in bilingual education are discussed, and recommendations and challenges for Brazilian deaf education are considered.
Deaf Education in Croatia: Challenges and Perspectives
Authors: Hrastinski Iva
Published: March 2019

This chapter provides an overview of deaf education in Croatia, focusing on the current educational context and communication options for deaf and hard-of-hearing students. After a brief overview of the history of deaf education in the country, which dates back to the 1830s, the author provides essential demographic information and educational placement options for these students. Related challenges are covered, specifically the lack of evidence-based policy regarding teaching methodology. The Deaf community and Deaf culture in Croatia are discussed. Research studies outlining the language and literacy problems of deaf students in Croatia, as well as the socioemotional issues of deaf children, are presented.
Search Engines and Free Speech Coverage
Authors: Whitney Heather M. , Mark Simpson Robert
Published: March 2019

This chapter investigates whether search engines and other new modes of online communication should be covered by free speech principles. It criticizes the analogical reasoning that contemporary American courts and scholars have used to liken search engines to newspapers, and to extend free speech coverage to them based on that likeness. There are dissimilarities between search engines and newspapers that undermine the key analogy, and also rival analogies that can be drawn which do not recommend free speech protection for search engines. Partly on these bases, we argue that an analogical approach to questions of free speech coverage is of limited use in this context. Credible verdicts about how free speech principles should apply to new modes of online communication require us to re-excavate the normative foundations of free speech. This method for deciding free speech coverage suggests that only a subset of search engine outputs and similar online communication should receive special protection against government regulation.
Restricting Speech to Protect It
Authors: Keats Citron Danielle
Published: March 2019

A decade ago, online abuse was routinely dismissed as “no big deal.” Activities ordinarily viewed as violations of the law if perpetrated in physical space acquired special protection because they occurred in “cyberspace.” Why? The “internet” deserved special protection, commentators contended, because it was a unique zone of public discourse. No matter that individuals (more often women and minorities) were being terrorized and silenced with rape threats, defamation, and invasions of sexual privacy. The abuse had to be tolerated, lest we endanger speech online. Much has changed in the past ten years. Social attitudes have evolved to recognize the expressive interests of victims as well as those of the perpetrators. Cyber harassment is now widely understood as profoundly damaging to the free speech and privacy rights of people targeted. Law and corporate practices have been developed or enforced to protect those expressive interests. As this chapter explores, this development is for the good of free expression in the digital age.
Unmasking Hate on Twitter
Authors: Ascher Diana L. , Umoja Noble Safiya
Published: March 2019

Notions of free speech and expectations of speaker anonymity are instrumental aspects of online information practice in the United States, which manifest in greater protections for speakers of hate, while making targets of trolling and hate speech more vulnerable. In this chapter, we argue that corporate digital media platforms moderate and manage “free speech” in ways that disproportionately harm vulnerable populations. After being targets of racist and misogynist trolling ourselves, we investigated whether new modes of analysis could identify and strengthen the ties between the online personas of anonymous speakers of hate and their identities in real life, which may present opportunities for intervention to arrest online hate speech, or at least make speakers known to those who are targets or recipients of their speech.
Introduction
Authors: Diefendorf Barbara B.
Published: March 2019

The introduction first explains why “planting the cross” is an apt metaphor for the renewal of monastic life that took place in the wake of France’s Wars of Religion. It introduces the six case studies that make up the book and explains how each explores a particular question, or set of questions, about how Catholic reformers envisioned and implemented the changes commonly known as the “Catholic Reformation.” The cases show that “reform” was not simply imposed from above, nor was it fixed or completed with the adoption of a new constitution or rule. Arguments for a return to a religious order’s original purity or a life of greater austerity encouraged debate about how the order should best live out its rule. The introduction concludes with a summary of the circumstances that made religious reform so urgently needed and a brief overview of how the reform movement spread.
Introduction
Authors: Geyh Charles Gardner
Published: March 2019

Chapter 1 introduces the long-standing debate over how best to select judges in the United States and summarizes the positions of the disputants to the end of exposing the interminable and seemingly unresolvable nature of that debate. When a court issues a decision that at least some of the population finds objectionable, the fate of its judges may depend on whether they are appointed or elected. To illustrate, the chapter contrasts the lack of impact on the U.S. Supreme Court justices from any backlash in their upholding same-sex marriage in Obergefell v. Hodges versus the failure in retention elections of Iowa Supreme Court justices following their upholding same-sex marriage in Varnum v. Brien.
A Short and Pointed History of Judicial Selection
Authors: Geyh Charles Gardner
Published: March 2019

Chapter 2 places the current state of affairs in context, with a short history of judicial selection in the United States, touching on the five distinct methods of judicial selection that have evolved over time. It begins by discussing colonial rule and gubernatorial appointments, then moves to early statehood and legislative appointments. The Age of Jackson is then examined, in particular Jacksonian democracy and its aftermath, which saw the rise of partisan judicial elections. The chapter then discusses how the Populist-Progressive era ushered in the advent of nonpartisan and recall elections. Finally, it describes the merit selection movement in the twentieth century before concluding that in the modern era, the American judiciary has undergone a political transformation that has placed increasing emphasis on constraining independence and enhancing political control.
The New Judicial Selection Landscape
Authors: Geyh Charles Gardner
Published: March 2019

Chapter 3 maps the current judicial selection landscape by describing a series of developments decades in the making that has altered the political environment of judicial elections in fundamental ways. The chapter begins with a table showing the breakdown across all fifty U.S. states regarding which of the five methods of selecting judges are used by each state in selecting its high court judges. An additional table demonstrates how each state treats the reselection of a judge after the judge’s initial appointment or election. The chapter then turns to the contributing causes of the new politics of judicial elections, which include the weakening of the Democratic Party in the southern states, the rise of discretionary Supreme Court Review and the decline of mundane cases, the migration of civil rights and civil liberties campaigns to state courts, the role judges play as enemy combatants in the War on Crime, and the battle for tort reform going on in the state courts, which have resulted in the changing landscape of the American judiciary. The chapter concludes with a discussion of the consequences of these changes.
The Arguments
Authors: Geyh Charles Gardner
Published: March 2019

Chapter 4 lays out the respective arguments for appointive and elective systems, against the backdrop of the new politics of judicial selection. It describes how gubernatorial appointment and merit selection systems are essentially pitted against partisan and nonpartisan election systems, and there is a peril to this binary approach in that it overlooks important distinctions between partisan and nonpartisan election systems on the one hand, and merit selection and traditional appointive systems on the other. The discussion begins with the role of the judge in American government, and the case that can be made for appointed judiciaries. It then makes the case for elected judiciaries before launching into the case for incremental reform.
Managing the Selection Debate
Authors: Geyh Charles Gardner
Published: March 2019

Chapter 6 argues that we can come closer to consensus in the judicial selection debate by confronting and overcoming the errors and exaggerations that chapter 5 isolates. That said, complete consensus is likely to remain elusive because ultimately, judicial independence from electoral accountability is both in tension with and essential to democracy. As the chapter discusses, appointive systems are a preferable default, but there are circumstances in which electoral accountability can be essential to the judiciary’s perceived legitimacy with the general public. The chapter also suggests ways in which elected judiciaries can be made more impartial and independent, including reforming campaign finance, amending disqualification rules, and lengthening judicial terms, as well as greater accountability, as well as the ways that appointed judiciaries can be made more accountable via publicizing existing accountability-promoting mechanisms, reinvigorating disqualification procedure, and instituting rigorous judicial performance evaluations.
Introduction
Authors: Guardino Matt
Published: March 2019

This chapter introduces the argument and analyses. It explains the broader political importance of media coverage and public opinion during policy debates. The chapter also discusses how structural and institutional factors in the media system can contribute to often unforeseen or unintended effects on news content, and can ultimately shape the ideological direction of public opinion. It summarizes the book’s data and key claims about corporate news media’s role in rising economic inequality across the neoliberal era, and discusses the broader implications of the book’s argument and evidence for American democracy. The chapter ends by previewing the structure of the book.
The Prospects of the New Proceduralism
Authors: Yost Benjamin S.
Published: March 2019

The final chapter illuminates the book’s most significant implications. It first highlights the project’s improvements on extant versions of proceduralism. Targeting both legal and philosophical proceduralist critiques, it recounts how they fall prey to the retributivist challenge and unwittingly entail wholesale abolition. The procedural abolitionism developed here, it turns out, has no such shortcomings. The second part of the chapter assesses the book’s contributions to the constitutional debate over capital punishment, analyzing Judge Rakoff’s opinion in United States v. Quinones. Rakoff holds that the specter of irrevocable mistake renders capital punishment unconstitutional on substantive due process grounds; this ruling suggests that substantive due process furnishes the vehicle by which proceduralism could make inroads with a future Supreme Court. However, Quinones was overturned, mainly because its emphasis on error correction conflicts with the hallowed value of finality. Chapter 5 argues that the associated concerns do not generate reasons to reject abolitionism.
Introduction
Authors: Mercer Jarred A.
Published: March 2019

The Introduction presents the central argument of the book and the rationale behind it. This involves placing the argument in conversation with past and current scholarship on Hilary of Poitiers, and clarifying why this study is needed. Hilary’s thought is often either overlooked in favor of more approachable figures of the period or seen to be incoherent, as readers have difficulty systematizing or categorizing his work. The Introduction states that it is by approaching Hilary’s thought through the framework of his overarching trinitarian anthropology that its ingenuity, impact, and internal coherence can be fully appreciated. An outline of the chapters of the book and their central arguments is also given.
Divine Infinity and Human Progress
Authors: Mercer Jarred A.
Published: March 2019

Hilary of Poitiers’s doctrine of divine infinity lies at the foundation of his theological project, and its full significance for his overall thought has not been realized. This chapter argues that it cannot be without an exploration of the exegetical foundation of the doctrine in De Trinitate, namely, John 1:1–4. The argument begins by showing first how infinity transforms Hilary’s argument of Father-Son relations. Second, this transformation aids Hilary toward a working definition of divine infinity. Third, this chapter shows that Hilary provides a new interpretation of the critical text of Proverbs 8:22 due to his John 1:1–4 interpretive foundation. This has immense implications for his trinitarian anthropology. Fourth, these implications are elucidated through his understanding of a progressus in infinitum of the mind toward the infinite God. Hilary’s discussion of divine infinity has significant epistemological conclusions, which reorient how humanity is seen to know and relate to God.
Divine Humanity
Authors: Mercer Jarred A.
Published: March 2019

Chapter 5 defines the culmination of Hilary of Poitiers’s trinitarian anthropology, which cannot be understood without an in-depth reading of his intertextual interpretation of John 17:1–6, 1 Corinthians 15:21–28, and Philippians 3:21. In this chapter, the human destiny in Christ parsed in the previous chapter comes to fruition. This has to do initially with the novelty of Hilary’s discussion of the incarnation. He uses adsumere, language traditionally reserved for Christ’s ascension, in reference to the incarnation, tying incarnation and glorification together as one movement. Hilary speaks of Christ’s incarnation as an assumption of all humanity in the assumption of one particular human. The perfection of human potentiality is a concorporeal conforming to Christ. Humanity’s progression through Christ’s incarnation and glorification makes Christ himself the fulfillment of human potentiality. For Hilary, Christ is both the origin and destiny of humanity’s hopeful mutability.
Toward Systemic Ethics
Authors: Marks Jonathan H.
Published: March 2019

The chapter urges public officials not to use the language of partnership and argues for a strong presumption against close relationships with industry (however those relationships are described). It offers some guidance for public officials who believe they can make a compelling case to rebut that presumption. This guidance is avowedly more demanding than other approaches. Most importantly, it rejects the isolated analysis of individual relationships and calls for systemic analysis that takes into account the cumulative effects of webs of relationships with industry actors. The chapter develops a framework for independent systemic assessment, monitoring, and evaluation; it also provides for withdrawal. The assessment includes the application of the integrity matrix to highlight tensions involving the mission, purpose, and practices of collaborating institutions. It also draws on frameworks in public health ethics that, in turn, draw on international law.
Restructuring Relations
Authors: Kuokkanen Rauna
Published: March 2019

This book interrogates normative conceptions of Indigenous self-determination and the structures of Indigenous self-government institutions, arguing that Indigenous self-determination is not achievable without restructuring all relations of domination beyond that with the state; nor can it be secured in the absence of gender justice. It demonstrates that the current rights discourse and focus on Indigenous–state relations is limited in scope and fails to convey the full meaning of self-determination for Indigenous peoples. Besides settler colonialism and neoliberal capitalism, relations of domination include racism, sexism, homophobia, misogyny, and gender violence, including violence against women, queer, trans and gender-nonconforming persons, and structural violence. Drawing on extensive participant interviews in Canada, Greenland, and Scandinavia, this book theorizes Indigenous self-determination as a foundational value, informed by the norm of integrity. This norm has two interrelated dimensions: bodily integrity and integrity of the land, both of which are a sine qua non for Indigenous gender justice. Conceptualizing self-determination as a foundational value seeks to restructure all relations of domination, including the hierarchical relation between self-determination and gender created and maintained by international law, Indigenous political discourse, and Indigenous institutions. The book argues that the persistent separation of issues between self-determination/self-government and gender/social is a major obstacle in implementing, realizing, and exercising Indigenous self-determination. Restructuring relations of domination further entails examining the gender regimes present in existing Indigenous self-government institutions, interrogating the relationship between Indigenous self-determination and gender violence, and considering future visions of Indigenous self-determination, including rematriation of Indigenous governance and an independent statehood.
Epicurean Challenges to the Disvalue of Death
Authors: Tollef Solberg Carl
Published: March 2019

In global health, several practices rely on the assumption that death has a disvalue for those who die. This includes the fact that we prioritize extending human lives rather than creating new ones, the combination Years Lived with Disability (YLD) and Years of Life Lost (YLL) into Disability-Adjusted Life Years (DALYs), as well as managing the trade-off between morbidity and mortality reduction in a health priority setting. According to Epicureanism, however, death cannot have any disvalue for those who die. Three main arguments are offered on behalf of Epicureanism: the view that we cannot experience death (the experience argument), the view that there is no time where death harms us (the time argument), and the view that there is a symmetry between the nonexistence before and after our lives (the symmetry argument). I show that all three arguments fail to convince.
How Death Is Bad for Us as Agents
Authors: Burri Susanne
Published: March 2019

According to the Deprivation Account, a person’s death is bad for her if she would have lived a better life had she not died when she did in fact die. While the Deprivation Account rightly draws our attention to the fact that a person’s death can be overall bad for her in this way, there are other ways in which a person’s death can affect her adversely. In this chapter, I explore two of these other ways, both of which are related to the fact that we live our lives as agents. I argue that the prospect of death for individuals as agents sometimes puts limits on what enjoyable activities they may reasonably pursue. I also argue that when a person’s death frustrates her plans, it is to that extent absolutely bad for her: it provides a correct explanation for the presence of intrinsic badness in the person’s life. I conclude by showing how focusing on agential value can help us make sense of the judgment that the deaths of infants and adolescents can be similarly bad in a way that is relevant to policymaking.