bluuebunny/crossref_metadata_2025 huggingface dataset:
Teaching Death and Dying
Authors: Moreman Christopher M
Published: January 2009

The academic study of death rose to prominence during the 1960s. Courses on some aspect of death and dying can now be found at most institutions of higher learning. However, these courses tend to stress the psycho-social aspects of grief and bereavement, ignoring the religious elements inherent to the subject. This book addresses the teaching of courses on death and dying from a religious studies perspective. The book is divided into seven sections. The hope is that this book will help to unify a field that is now widely scattered across several disciplines.
Ethical Issues in Teaching Death and Dying: Pedagogical Aims in End‐of‐Life Ethics
Authors: Perring Christian
Published: January 2009

Nearly all ethical issues in teaching can be formulated in terms of what it takes to be a good teacher. This chapter focuses on the ethical issues in death and dying, especially as they overlap with end-of-life issues in medical ethics. What should be the pedagogical aims in teaching these topics to undergraduates? This is an ethical issue addressing the stance of the teacher towards the students and what it means to be a good teacher. The current trend in educational assessment is to focus on the outcomes of education, generally in terms of skills gained. The skills of consulting with others in the emotionally-charged time of facing death and making good decisions are rarely covered. We need to face our limitations in knowing what count as good decisions and well-developed skills. Interdisciplinary courses that focus on difficult decisions are important new developments in education, but they are hard to teach well, challenging conceptions of what a good course is.
Psychology, Grief, and the Student
Authors: Balk David E.
Published: January 2009

Three considerations involving psychology provide important points of entry for teaching college students about thanatology. The first consideration is to examine psychological understandings of bereavement, grief, and mourning. The second consideration is the prevalence within any college campus of students in the first or second year following the death of a family member or a friend, with the subsequent interest many students will have in issues of thanatology. The third consideration involves strategies and principles, many from educational psychology, for promoting active learning in a college course on death and dying. Further, there are fundamental matters of ethics to be examined regarding teacher obligations and classroom protocol when engaging students on thanatology topics. Because painful feelings and emotional distress may be elicited, this chapter asks whether teachers should do more than listen attentively. Should the syllabus contain “informed consent” in which the potential for painful feelings to be elicited gets mentioned and cautions are raised that the course is not the place for someone wanting to resolve bereavement? Responses of three experienced professors about these ethical issues are included.
Literature, Textbook, and Primary Source: Constructing the Reading List
Authors: Pinnock Sarah K.
Published: January 2009

This chapter discusses the advantages of using religious literature in teaching about death, in order to relieve the topic of its morbid stereotype and approach it positively and holistically. The chapter uses the term “literature” broadly to encompass death narratives about religious persons that may be fictional, biographical, or scriptural. The use of literature intentionally disrupts student expectations for a survey textbook, which is used as ancillary. Reflecting on selected classics of death literature as examples, the chapter considers how these narratives situate religious perspectives historically and culturally without reducing death or religion to abstractions. Discussion centers on The Death of Ivan Ilyich By Leo Tolstoy, I Heard the Owl Call My Name by Margaret Craven, Night by Elie Wiesel, and Tuesdays with Morrie by Mitch Albom.
Introduction
Authors: Duffin Jacalyn
Published: January 2009

The Introduction outlines the author's reasons for writing this book and presents the format of the following chapters. It mentions the background to the book: four research trips to the Vatican from 2001 to 2007. The Introduction also defines the goals of the book and the sources of the research that have been used to answer the book's key questions: What were the miracles worked through the intercession of new saints in modern times? How many were healings of physical illness? Who were the supplicants? What diseases were cured, and did they change through time? How many miracles entailed cutting-edge science and the testimony of skeptical, even atheist, physicians? What was the experience of other doctors whose medical work led them to a liturgical encounter? And how did the miracles transpire?
The Miracles
Authors: Duffin Jacalyn
Published: January 2009

An exploration of the problems resolved miraculously. The vast majority are cures from illness. The diseases amendable to miracle cure change through time according to medical science. Some conditions, such as cancer, appear consistently through time. Gradually, the cures were of specific organic ailments, with tuberculosis increasing in frequency. Cures of psychic disorders always were rare; from the nineteenth century forward, a diagnosis of hysteria could stop the process. Diseases unknown in past centuries, such as leukemia or multiple sclerosis, appear soon after descriptions in the medical literature. The illness must also have defied up-to-date medical care including surgery. In other words, suffering must be a problem that is thought to be beyond the control of the best medical art of the time.

This chapter also examines the nonmedical miracles, including the incorruptibility of the saint’s corpse, preservation from accidental death, and multiplication of food.
The Cure as Drama
Authors: Duffin Jacalyn
Published: January 2009

For a cure to be recognized as a miracle, a witnessed act of supplication must have taken place during the acute phase of the illness. These invocation practices changed through time. Some followed prayers or certain ritualized gestures: kneeling at a tomb, pilgrimage to a shrine, holding images or flowers, the ingestion of fabric from the saints’ garment. More recently, many invocations took the form of a novena. Often before the cure, the doctor had already declared that the illness was terminal, and the priest had administered the last rites. High art dwells in this ambience of desperate pleading and immanent death: bedridden sufferers, candles burning, and gatherings of sobbing families or quietly resigned sisters. The patients provide vivid details of their acts of supplication and the moments of healing; this testimony is intriguingly amplified by variations on the same theme within each miracle, as told by friends and caregivers.
Introduction
Authors: Hicks Douglas A
Published: January 2009

This chapter introduces the central questions involving leadership in a religiously diverse America. During the U.S. Civil War, religion fueled arguments on both sides of the conflict. Abraham Lincoln understood that people differed on religion and politics, and he called Americans to appeal in humility to the better angels of their nature rather than resorting to arms. Contemporary America is marked not by a Civil War but by culture wars, in which religious diversity is one key front. But religion does not follow easy battle lines. People of similar religious backgrounds hold divergent political commitments, and vice versa. Thomas Jefferson resisted talking about his personal faith, but he advocated for free expression of religious beliefs. Building on that foundational principle, the contemporary challenge is to help shape a culture of convivencia, or of living together peaceably and with mutual respect.
“The Vision Thing”
Authors: Hicks Douglas A
Published: January 2009

Leadership requires focusing on what George H. W. Bush once dismissively called the “vision thing.” Leaders communicate and help shape a common vision, whether for better or for worse. Competing visions of religion in public life range widely, from politicians criticizing a Muslim American for using the Quran and others calling a Hindu American “macaca” to leaders bringing people from diverse traditions together in unity, such as after the Virginia Tech crisis. Citizens and leaders have also responded in many different ways to the public expression of religion across the U.S. and in other countries. Yet despite the complexities and challenges of a diverse religious landscape, religion contributes at least four elements to public life: historical memory, institutional affiliation, self-critical reflection, and rich symbolism.
How Deep Is the Water?
Authors: Hicks Douglas A
Published: January 2009

Inviting generic “spirituality” into public debates does little to solve questions of religious practice. Secularism relegates religious language and symbols to the so-called private sphere. Calling all Americans to speak to each other only in terms of “public reason” tends to silence people who view their faith-based convictions as fundamentally linked to their understanding of a good and just society. Would Americans have been correct to demand that Martin Luther King, Jr. leave his religious language out of his social justice work? Would we similarly forbid our public-school students from wearing veils or headscarves, as the French have done? Such acts would run counter to the freedom of religious expression protected in the First Amendment. The issue should not be religion or no religion. Instead, it is necessary to ask: Religion in public life under what terms?
Crossing Paths
Authors: Hicks Douglas A
Published: January 2009

The notion of convivencia, or cultures living alongside one another, arose from scholarship on religious diversity in medieval Spain. This concept can add to a vision of leadership in which diverse groups live in mutual respect. It encourages a public life that is more colorful and even more cacophonous than that in the other visions. It promises a framework for a peaceable democratic society that embraces the rich variety of the U.S. population. Yet the challenge is not simply to create communalism or multiculturalism — if understood as “identity groups” remaining apart from each other — but to forge respectful, mutual interaction when Americans' paths cross in public life. The vision describes leadership as building social crossroads and connectors. It draws on Kwame Anthony Appiah, Howard Gardner, and James MacGregor Burns to offer a vision that views “crossing paths” with religiously diverse people not as a matter of fleeting transactions, but as an opportunity for transforming leadership.
Educating Leaders and Citizens
Authors: Hicks Douglas A
Published: January 2009

Attaining an inclusive public space requires citizens as well as leaders to be religiously literate. Citizens and leaders do not need to become scholars of religion, but they need to understand the basics of religious identities. This chapter asserts that citizens must learn to listen to one another’s stories, to share their own, and to find areas of both agreement and disagreement. Religious literacy can happen through formal civic education, which can be part of teaching about religion in public schools, private schools, and higher education. As a comparison to the U.S., the chapter analyzes how religion is taught in public schools in Spain. The chapter also considers religion and the media, and asserts that journalists can play a role in promoting public understanding of religion in its diverse forms.
What We Can Do Now
Authors: Hicks Douglas A
Published: January 2009

This concluding chapter returns to the discussion of Tocqueville in order to emphasize the importance of both encouraging religion in public life and protecting against the tyranny of a majority. Robert Putnam’s analysis of social capital, including the distinction between its bridging and bonding forms, helps clarify the different roles that faith can play in civic and political life amid American religious diversity. The chapter suggests ten initiatives for American religion and politics that can help leaders carry out a vision for society that reflects convivencia and build social crossroads and connectors for a diverse and devout nation.
Epilogue: Memo to the President
Authors: Hicks Douglas A
Published: January 2009

The epilogue is written in the form of a memo to the new president of the United States. It presents a vision for leadership in a devout and diverse America. It offers initiatives that a president could take to understand religious diversity not as a problem to be avoided but as a resource for addressing public problems.
Conclusion
Authors: Heiden Bruce
Published: January 2009

This chapter focuses upon the ubiquitous theme of design and fabrication. Particular attention is devoted to the shield that Hephaistos designs for Achilles in book 18. Analysis explores the design of the shield description as well as the shield, and the shield's thematization of design in the cosmos. A concluding section relates the mythology of Troy in the Iliad to a wider body of myth in which Zeus's continuous planning, including the inspiration of poetry through the Muses, enables human beings to better their lives.
The Politics of Intellectual Property Reform in Developing Countries
Authors: Deere Carolyn
Published: January 2009

Many of the WIPO Development Agenda recommendations have implications for IP decision-making at the national level. Indeed, some recommendations specifically call for national improvements and greater coherence between national IP laws and policy goals. Progress on the implementation of the Development Agenda will thus rely heavily on the political process and organization of IP decision-making at the national and regional levels in development countries. This chapter analyzes the political dynamics that impact IP decision-making at the national level, focusing on the specific ways in which WIPO's activities influence the national reform process. It concludes with a set of policy-oriented recommendations for those working to advance the Development Agenda at WIPO and, ultimately, development-oriented IP policies at the national level.
Trading Copyright
Authors: Birnhack Michael D.
Published: January 2009

The meeting point of global Intellectual Property (IP) norms and local culture produces an unsettled process of globalization. The global and the local might merge, but they often conflict, and their intersection then mirrors another clash, between trade and culture. This chapter argues that Global Copyright regime (G©) should be evaluated on the background of a complex set of local factors that form each country's cultural field, instead of an exclusive legal or economic inspection. The main factors to be considered are the legal system of a country taken as a whole, its economy, its unique cultural features, and the political situation of the country. No less important is the dynamic interaction of these factors. G© should be evaluated not only by studying the law in the books, but also by exploring the law in action. The case of Israel serves as an illustration of the general framework.
Innovation, Competition Policies, and Intellectual Property
Authors: Burlamaqui Leonardo
Published: January 2009

This chapter aims to contribute to a better understanding of the interactions among intellectual property (IP) issues, innovation, and development under a Schumpeterian perspective. It aims to build a more coherent framework within which the discussions of both institutional building and policy design towards development can proceed. After a brief introduction, section two attempts to link dynamic competition and innovation with IP issues from the angle of dynamic efficiencies and inefficiencies that are bound to show up. Section three introduces the concept of a market features approach conceived as a more suitable one to structure competition policies supporting innovation and a less restrictive IP regime. Section four articulates the previous ones by linking market features, IP with innovation, and the room for developmental strategies. Special attention is given to how competition policies should address IP issues under a market feature's approach, and to the institutional design of public agencies dealing with IP issues. The chapter concludes by summing up the policy and institutional implications raised before.
Introduction
Authors: Lind Göran
Published: January 2009

This chapter begins with a discussion of common law marriage in American law, including its definition, jurisdictions that recognize common law marriage, and the need for more in-depth legal discourse. An overview of the subsequent chapters is presented.
Informal Marriages in Roman Law
Authors: Lind Göran
Published: January 2009

This chapter discusses the degree to which common law marriage can find its origins in Roman family law, whether the Roman concepts can contribute to explaining the legal structure of common law marriage, and whether there is anything to learn from the Roman experiences in the enactment of cohabitation legislation. Of particular interest with respect to the formless relationships in Roman family law is the usus marriage, the free Roman marriage, and concubinage.
Informal Marriages in Canon Law
Authors: Lind Göran
Published: January 2009

This chapter discusses informal marriages under canon law. It considers the influence of Roman law, and traces the evolution of canon law understanding of marriage from the Middle Ages to the Council of Trent in 1563, when the Roman Catholic branch decreed that entering into a marriage through a church wedding ceremony was an unconditional prerequisite for the validity of the marriage. The canon law concept of concubinage and the reasons behind the church's efforts to legally regulate the marital relationship are discussed.
Cohabitation, Holding Out, and Reputation as Spouses
Authors: Lind Göran
Published: January 2009

This chapter examines how cohabitation in American law is assigned a different function as a requisite, i.e., as a necessary requirement for the establishment of a common law marriage in addition to the marriage contract. It assesses the underlying motives for the requirement and structure of the principle of cohabitation, as well as identifies its different elements. The boundaries of the principle are significant because they determine the scope of common law marriage, which couples fall outside or inside the regulatory system, determining who receives the rights, as well as the obligations, of marriage. It is common in both the legislation and case law to have a separate requirement that the parties outwardly appear as spouses in addition to the requirement of cohabitation. This requirement focuses on either the parties actions in themselves, in other words, their holding out as spouses, or on the effects thereof, i.e., their reputation as husband and wife.
Burdens of Proof and Presumptions
Authors: Lind Göran
Published: January 2009

Legal practitioners are aware that the possibility of success in a lawsuit is often highly dependent upon the procedural requirements resulting from the applicable evidentiary rules pertaining to burdens of proof and presumptions. This is just as true for claims regarding the existence of common law marriages. At the same time, these rules and their underlying intentions reflect the attitudes of both the courts and legislatures toward the legal concept of common law marriage. This chapter examines the evidentiary rules pertaining to burdens of proof and presumptions, their purposes, and their application by the courts. Of particular interest is the marriage presumption; its origin and underlying values; the elements that must be proved to invoke its application, and its legal effects and relationship to the substantive law and fundamental evidentiary rules with respect to the burden of proof and the standard of persuasion.
Common Law Marriage and Cohabitation Law
Authors: Lind Göran
Published: January 2009

This chapter begins with a discussion of the demographic developments during the last thirty years. It considers the legal solutions for unmarried cohabiting couples that, in a number of countries, have grown out of property case law during the past thirty years. In this process, the boundary between the private law and family law spheres has tended to lose its clarity. The section concludes with suggestions about how to keep this boundary open, and, from a legal policy perspective, evaluate the development in the property law that has occurred. The chapter gives an overview of the modern legislation regarding cohabition development, focusing on the main features of cohabitation law and its relationship to common law marriage. It compares the legal systems in which the cohabitation itself constitutes grounds for rights and obligations and those that require registration.
Colonial Search Warrants and Their Enforcement, to 1760, in Relation to the Search Warrant Clause of the Fourth Amendment1
Authors: Cuddihy William J.
Published: January 2009

This chapter discusses the American repudiation of the general warrant. In the colonies as in the mother country, such warrants were often used to capture fugitives, collect revenues, stop counterfeiting, and seize contraband of various sorts. The Fourth Amendment abrogated a legacy of the general warrant and its affiliates that was at least as much American as English. On the other hand, the ways that general warrants were enforced in the colonies also explained why Americans did not regard them as unreasonable until after 1760. Although promiscuous searches and seizures were routine aspects of colonial life, they lacked many of the features that excited discord.
Introduction
Authors: Cuddihy William J.
Published: January 2009

This introductory chapter begins with a brief discussion of the roots of the Fourth Amendment. It describes people's desire for privacy dating back to ancient times. It argues that the original Fourth Amendment was not a single idea but a cluster of disparate ideas. The main theses of the book are then outlined.
Introduction
Authors: O'Connell Mary Ellen
Published: January 2009

This chapter begins with an overview of the entire volume, starting with a report of top United States government lawyers after 9/11 developing legal arguments to justify torture and coercion of detainees during interrogation. These lawyers could draw on an anti-international law tradition that denigrates international law for its lack of enforcement means. In fact international law has means of enforcement, but, more importantly, it is accepted by the international community as law. Acceptance and enforcement together support the claim that international law is law. With this acceptance, international law has the capacity to support the common aspirations of all humanity.
Classical Enforcement Theory
Authors: O'Connell Mary Ellen
Published: January 2009

Understanding the role of enforcement in establishing international law as law begins with the Just War Doctrine. Grotius, the father of international law, included the Doctrine's basic precepts in his universalist, natural law conception of international law. This is the conception that underlies the Peace of Westphalia of 1648 that gave rise to the modern state system. Kelsen and Lauterpacht carried the Grotian tradition forward after the Second World War. They responded to decades of challenge by proponents of absolute state sovereignty and the superior state's unfettered right to use force, views associated with Vattel and Schmidt.
New Classical Enforcement Theory
Authors: O'Connell Mary Ellen
Published: January 2009

Responding to Henkin's compliance theory, Goldsmith and Posner asserted in 2005 that “rational choice” theory proves that few states ever truly “comply” with international law. What looks like compliance is pursuit of “self” interest. They conclude that violations of international law, therefore, cannot be condemned as violations of law. To apply their theory, however, they make a series of implausible assumptions and fail to incorporate developments in behavioral economics or the insights of post-modernism. Both support the importance of such human impulses as altruism and belief. And it is these that actually support the claim that international law is law and that coercive means may be used to enforce it — as was always understood in natural law theory. Reviving natural law theory to explain the basis of international law's authority can best be done by incorporating process theory and retaining the centrality of positivism.
International Court Enforcement
Authors: O'Connell Mary Ellen
Published: January 2009

Law enforcement in national legal systems is subject to court supervision. That is increasingly the case in the international legal system with the proliferation of courts and tribunals. This is a welcome development though it brings with it the need for more sophisticated process theory — as to the interrelation of courts. In addition to supervising enforcement, some international courts have scope to enforce their decisions; all have the inherent authority to enforce interim orders. In the case of the International Court of Justice, the Security Council was given specific authority to aid in enforcement, but that is far from the only means. Indeed, when Americans were ordered to be released from unlawful detention in Iran in 1980, many states in the world employed economic sanctions to aid in the enforcement of that order.
To Become an Entrepreneur in Ho Chi Minh City
Authors: Kim Annette Miae
Published: January 2009

This chapter outlines how the Vietnamese state has structured a challenging investment environment for private firms with its control of land ownership, land use planning, and investment approval. Therefore, the cooperation of state bodies is instrumental for firms wishing to capture potential profits through land development projects. However, it is also argued that entry into the market was relatively open in Ho Chi Minh City and firms could develop the political connections and social networks necessary to realize projects. The possession of initial endowment of political capital does not adequately explain who became entrepreneurs nor who succeeded in the new market.
Human-Sponsored Clonality
Authors: Avise John C.
Published: January 2009

Cloning by human hands can mean many things. It can refer to the intentional clonal propagation, via recombinant-DNA technologies, of small bits of a genome such as particular genes or regulatory DNA sequences. It can refer to the artificial stimulation of natural clonal processes, as for example by subjecting animals to treatments or research protocols that induce parthenogenesis, gynogenesis, hybridogenesis, or polyembryony, or that enforce intense inbreeding. Or, it can mean the purposeful manipulation of cells and whole genomes to generate genetically identical cell masses or even entire clonal individuals via mechanisms that may differ quite radically from those known in nature. This chapter reviews laboratory methods in biotechnology, and canvasses the resulting biological products that have emerged to date from each of these forms of human-mediated clonality.
5 The Metaphysical Joseph Smith
Authors: Albanese Catherine L.
Published: January 2009

This chapter examines the Mormon prophet as a metaphysical figure. Noting that American religious history has too often limited itself to mainstream denominationalism and evangelicalism, the chapter has been able to limn the contours of metaphysical religion. This tradition emphasizes the world and human beings as ontologically parallel to, and deriving a stream of spiritual energy from, a higher reality. The consequent world view, as above, so below, is characteristic of hermeticism and modern mystics like Emanuel Swedenborg. Exploiting Richard Bushman's suggestion that Smith is a protean figure amenable to any number of religious agendas, this chapter finds he fits the bill perfectly as a proto-metaphysician. Extending the arguments of Bloom and Brooke, it argues that in addition to exploring occult antecedents and their influence on Joseph Smith, it is time for American historians to take account of the debt metaphysical religion owes to Joseph Smith.
9 Visions, Revelations, and Courage in Joseph Smith
Authors: Davies Douglas J.
Published: January 2009

This chapter applies the analytical insights of Paul Tillich and William Whyte to the revelatory production of Joseph Smith. These choices are intended to further the project of an interdisciplinary, rather than provincial or academically ghettoized, approach to Mormon Studies. Specifically, the chapter considers the traumas of the young Smith, the psychodrama of his First Vision, and echoes of both in the Gethsemane theology Smith developed. The courage that is revealed in these contexts is embodied by Joseph Smith personally and institutionally in such forms as vicarious baptism, and counter-cultural practices like plural marriage. Finally, the chapter explores the paradox of the LDS emphasis on both courageous individualism in a church that makes corporate belonging and corporate rites salvifically indispensable.
12 The Possibility of Joseph Smith: Some Evangelical Probings
Authors: Mouw Richard J.
Published: January 2009

This chapter contributes to the evangelical understanding of Joseph Smith. The interest of evangelical scholars in Mormonism has tended to be in the context of apologetics rather than scholarly inquiry. The chapter breaks new ground in this regard by responding to the probing question: Is Joseph Smith possible for you? It stakes out an alternative to the facile either/or approaches that refuse to relinquish the burden of judgment. Turning the study of Joseph Smith in the direction of reception-theory enables both a richer dialogue and the possibility of real insight into the religious yearnings and preoccupations of religious communities. As a tentative gesture in this direction, the chapter makes history in a modest way, rather than examining it.
13 The Prophethood of Joseph Smith
Authors: Hudson Wayne
Published: January 2009

This chapter argues that Joseph Smith is a genuine prophet of world historical importance. In a bold reversal (a non-Mormon), it takes such status as a historical given and a starting point that can enrich our study of various prophethoods, rather than as a laurel to be disputed about in religiously provincial and self-serving ways. This position is based largely on the enduring consequences of Smith's prophetic output, and then turns to analyze the constituent elements of his prophetic vocation: intelligibility, sincerity, charismatic force, cognitive complexity, and effectiveness. The chapter's main contribution in this regard is to probe the possibilities of taking prophecy seriously as an aspect of religious experience and cultural import, both objective and culturally mediated, but to do so without lapsing into irrationalism.
15 Studying Joseph Smith Jr.: A Guide to the Sources
Authors: Whittaker David J.
Published: January 2009

This chapter provides a bicentennial bibliographical chapter about the Mormon founder. It divides the voluminous manuscript sources on Smith into the various categories of journals, sermons and discourses, revelations, correspondence, personal history, administrative records, legal documents and judicial history, early Mormon publications, the papers of Smith's associates, and accounts of Smith's contemporaries. The chapter also separates the hundreds of published sources on Smith into sections on bibliographical guides and sources, diaries and personal writings, sermons and discourses and writings, personal history, revelations, and biographical studies.
The Goddess as Role Model
Authors: Pauwels Heidi R. M.
Published: January 2009

This book seeks to understand the major mythological role models that mark the moral landscape of young Hindu women. Generally, the goddess Sita, faithful consort of the god Rama, is regarded as the most important positive role model for women. The case of Radha, Krishna's clandestine lover, seems to challenge some of these norms. The book investigates in how far that holds true today. The focus is on the ways the goddesses cope with love. The first part looks at their falling in love, the way their weddings are arranged, and the significance of the wedding ceremonies. The second part looks at their married life, where they are faced with challenges. They come out of purdah to follow their beloved in hardship, and face the threat from “the other woman” and “the other man.” The book takes the case of Sita as main point of reference, but contrasts with comparable episodes from the stories of Radha or Krishna's other consorts. The goddess as role model for the woman in love is just as relevant today as in the past, as is evident from the popularity of the televised mythological series Ramayan and Shri Krishna directed by Ramanand Sagar, and the many allusions to Sita and Radha in popular culture. The television series and popular recent and classical hit‐movies that use Sita and Radha tropes are analyzed through comparison with the ancient Sanskrit sources (Valmiki Ramayana and Bhagavata Purana) and medieval vernacular reworkings by devotional poets (Tulsidas, Surdas, Nanddas and Hariram Vyas).
Wedding Promises
Authors: Pauwels Heidi R. M.
Published: January 2009

Chapter 3 traces the portrayal of divine wedding ceremonies over time. These ceremonies are an important public ritual in which values and gender ideologies are articulated and tradition is constructed; they encapsulate what is understood to constitute love and its relationship to the matrimonial bond. Sita and Rama's wedding is very influential this way; Radha and Krishna's secret wedding (love marriage or Gandharva vivaha) does not really subvert this ideal, in the movies, such rituals lead to an unhappy outcome. Sending a positive message, the televised Ramayan emphatically corrects for the real‐life inequality between the bride's and the groom's parties and advocates understanding by the in‐laws for a young wife's plight. However, it is more conservative than the older sources in making the total submission of the woman to the man's family a prerequisite for her being treated well. In the “wedding wave” movies of the nineties, such submission is rewarded by an abundance of consumer goods. Movies discussed are Aradhana, Dil, Hum aapke hain koun..!, Lajja, and 7 1/2 Phere.
Sexual Harassment
Authors: Pauwels Heidi R. M.
Published: January 2009

Chapter 6 studies how goddesses react when accosted by “the other man.” It compares the sexual harassment scenario of Sita's abduction with the eve‐teasing scenario of the Gopis’ being accosted at the well (panaghata‐lila). Sita's abductor is a villain and she resists him valiantly, but the Gopis fall for their accoster, Krishna. Sita's abduction on television is shown to be partly due to her crossing the Lakshman‐rekha or protective circle drawn by her brother‐in‐law (not mentioned in the earlier sources). Notwithstanding her mistake, even in hardship she remains true to dharma. In the medieval versions, the Gopis are worried about transgressing against dharma, but their love for Krishna ultimately overrides these concerns. The televised version downplays this scandal and popular film shows little sympathy for women once seduced. While the perpetrator of harassment is punished, the eve‐teaser gets off mostly scot‐free, but the victim of either is always blamed. Movie songs discussed are from Mughal‐e‐Azam, Satyam Shivam Sundarama, and Devdas. Movies discussed are Lajja and Mother India.
The Harvard and Chicago Schools and the Dominant Firm
Authors: Hovenkamp Herbert
Published: January 2009

This paper begins with a wide-ranging comparison of “Chicago School” analysis with the earlier and more liberal “Harvard School” approaches, concluding that each had major influences in various areas of antitrust. It argues that terms of influence, the balance in the case law rather than the scholarship is in favor of the Harvard School. If the more conservative approach has had an influence, it is in “chastening” and thereby moderating Harvard School preference for vigorous enforcement. The paper turns to the question whether there can be a “general theory” of monopolization, an obsessive recent concern of conservative antitrust officials. It concludes that all proposed tests, while often containing useful insights in specific areas of law, fall short of the goal of a successful “general theory” because they fail to address particular undesirable forms of exclusion and are often underdeterrent. Finally, the paper explores two problem areas most controversial in courts today: (1) misuse of government processes, particularly in the form of fraud on the Patent Office; and (2) exclusionary discounting or discounts designed to drive out of the market, or discipline, rivals.
Free Riding: An Overstated, and Unconvincing, Explanation for Resale Price Maintenance
Authors: Lao Marina
Published: January 2009

This paper begins with an analysis of Leegin followed by an examination of the free rider theory, which concludes that the free rider explanation for vertical restraints has been greatly overused; the expansive variants of the theory, in particular, are flawed on their own terms. It argues for a more positive or neutral perspective of free riding as positive externalities. So viewed, free riding should not be considered a problem that must be countered (with RPM) whenever it exists. Under this view, free riding is probably infrequently harmful and therefore minimum RPM seldom provides the competitive benefits proponents of RPM claim for it. The paper briefly discusses the potential anticompetitive effects of minimum RPM. It then considers the policy implications of Leegin and argues for a quick-look rule of reason standard for minimum resale price maintenance in the wake of Leegin.
Reinvigorating Horizontal Merger Enforcement
Authors: Baker Jonathan B. , Shapiro Carl
Published: January 2009

The past 40 years have witnessed a transformation in horizontal merger enforcement in the United States. The weight given to market concentration by the federal courts and by the federal antitrust agencies has declined dramatically, and increasing weight has been given to three arguments often made by merging firms in their defense: entry, expansion, and efficiencies. This paper documents this shift and provides examples where courts have approved highly concentrating mergers based on limited evidence of entry and expansion. It shows that the decline in antitrust enforcement is ongoing, especially at the current Justice Department. It argues in favor of reinvigorating horizontal merger enforcement by partially restoring the presumption that mergers that produce high combined market shares are questionable. It proposes several routes by which the government can establish its prima facie case, distinguishing between cases involving coordinated versus unilateral anticompetitive effects.
Water Governance
Authors: Louka Elli
Published: January 2009

This chapter begins with a discussion of the status of world water resources. It identifies uneven water distribution, pollution, salinization, droughts, and floods as typical problems in many countries of the world. A number of these problems are also becoming increasingly acute in industrializing countries. The chapter then discusses water governance, addressing issues such as uneven water distribution, water demand management, agriculture, urbanization, climate change, and corruption.
The Making of the European Union
Authors: Louka Elli
Published: January 2009

This chapter begins with a discussion of the establishment and evolution of the European Union. It then describes the EU's legislative and executive organs, including the European Commission, Council of Ministers, European Parliament, European Council, and European Court of Justice.
Coordination Policies and Politics
Authors: Louka Elli
Published: January 2009

This chapter begins with a discussion of coordination of EU policies. It then discusses how to make regional policy work for water policy, environmental policy and industrial competitiveness, transportation and energy policy and the sustainability of water resources, and greening agricultural policy.
Designing Effective Organizations
Authors: Louka Elli
Published: January 2009

This chapter discusses the issue of institutional effectiveness within the context of the water framework directive (WFD). The WFD prescribes that a river basin district must be managed by a competent authority. Certain states have interpreted this provision as a requirement to establish river basin districts that would be governed by river basin institutions. Other countries have adopted more of a coordinating outlook to implementation, according to which multiple national, regional, and local authorities are to work together to prepare a river basin management plan. The preoccupation of both new and existing institutions of river basin management is how to ensure a high degree of effectiveness in water management.
Information as the Foundation of the Democratic State
Authors: Louka Elli
Published: January 2009

This chapter focuses on the benefits and costs associated with the right of the public and stakeholders to participate in the decision-making process and the soundness of rationale of establishing public and stakeholder consultation in water management. It discusses the Aarhus Convention which has established the right of the public to environmental information.
Institution Building in the Scheldt and Meuse Rivers
Authors: Louka Elli
Published: January 2009

This chapter discusses institutional development in the Scheldt and Meuse Rivers. Topics covered include the International Scheldt Commission, state of waters and river basin management plan, and the Meuse River basin regime.
The Future of the Elbe River Regime
Authors: Louka Elli
Published: January 2009

This chapter discusses the Elbe River regime. The Elbe River basin district exemplifies the coordination required among various levels and authorities for the implementation of the water framework directive (WFD). Three hydrological levels of cooperation have been established — the international river basin district of the Elbe, working areas of the international district, and the FGG-Elbe that is organized based on hydrographic working areas. There are four administrative levels that must be coordinated on the German side, namely, the international level, the federal state, the länder, and the local level. There are also five administrative levels that must be coordinated on the Czech side, namely, the international level, the national government, the water boards, the regions, and the municipalities.
Participation of Stakeholders in International Water Commissions
Authors: Louka Elli
Published: January 2009

This chapter discusses stakeholder participation in international water commissions. Topics covered include observer participation in international water commissions, the role of public consultation in the work of international commissions, and public consultation and the direction of international policymaking.
Towards a Future Water Policy
Authors: Louka Elli
Published: January 2009

This chapter discusses future directions for the EU implementation of integrated water resources management (IWRM). Topics covered include the advantages of centralization, multilevel coordination, parallel coordinating processes, decentralizing through participation, and organization of participation.
Restoring Trust
Authors: Abel Richard L.
Published: January 2009

Most responses to the problem of unethical lawyer behavior begin with rule modifications, and then turn to education and ways to make the disciplinary system more effective. The lessons from the six disciplinary proceedings in this book suggest other solutions. Publicity is the most effective deterrent. Potential clients need to know if lawyers have been convicted, or even accused of misconduct. Malpractice liability should be compulsory. The costs of solo practice may be greater than the benefits. Bar associations should offer second opinions about fee arrangements, which must be written. For-profit referral agencies could do more to ensure the quality of the lawyers to whom they make referrals.
Three Decades of Misreporting Iran and Iraq
Authors: Rubin Michael
Published: January 2009

This chapter examines coverage of Iran and Iraq and shows how it has veered from underestimating the political force in Iran of the Ayatollah Khomeini’s heterodox innovations to overestimating the political ambitions of Iraq’s Shi’ite leaders. It shows how ignorance about Shi’ite and Sunni beliefs and practices, including the role of Shi’ite shrines and Sufi brotherhoods, has led to misreporting major political divisions in Iraq, and even its day-to-day politics. In the process, the chapter gives an overview of current religious dynamics in both countries. It has become a commonplace that the American administration was insufficiently aware of the religious complexities of Iran and Iraq when it led the invasion of Iraq in 2003; it is less commonly noted that press coverage has suffered from the same problem.
The Faith-Based Human Rights Quest: Missing the Story
Authors: Hertzke Allen D.
Published: January 2009

This chapter describes the most important human rights story since the end of the Cold War, the growth in the U.S. of a broad movement for international human rights that draws in evangelicals, Catholics, Jews, Buddhists, Baha’is, African-Americans, and feminists. This movement has pushed successfully for legislation and active policy on international religious freedom, Sudan, sexual trafficking, debt forgiveness, AIDS, and North Korea. Despite its repeated successes, it has often been ignored by journalists, or else its programs and personnel have been misstated, so that the broadest coalition in foreign policy is sometimes reduced to the purported politics of the “Christian right.” The result is that this major evolution in American human rights concerns and in U.S. foreign policy has been missed or misunderstood.
“Misunderestimating” Religion in the 2004 Presidential Campaign
Authors: Vinson C. Danielle , Guth James L.
Published: January 2009

This chapter analyzes coverage of the religious dimensions of the 2004 U.S. presidential election and concludes that journalists consistently misunderstood the meaning and dynamics of many of the events on which they reported. The labels often used by journalists to categorize religious adherents missed many of the most important political cleavages and what makes religious voters tick. One result was that Bush’s religious beliefs and appeal were mischaracterized, while Kerry’s religious beliefs were usually ignored. The same pattern held for coverage of evangelical and African-American churches. After the election, general ignorance about America’s religious dynamics led to widespread media surprise that increased youth and general voter turnout had helped Bush rather than Kerry.