bluuebunny/crossref_metadata_2025 huggingface dataset:
Implementation of the European Takeover Directive in France
Authors: Vassogne Thierry , Loy Marc , Cardi Bertrand
Published: November 2023

The Directive 2004/25/EC of the European Parliament and of the Council of April 21, 2004, on takeover bids (The Takeover Directive or the Directive) was implemented in France by law n° 2006-387 dated March 31, 2006, which triggered an amendment of the General Regulation of the Autorité des Marchés Financiers (AMF), effective as of September 2006.
Implementation of the European Takeover Directive in Ireland
Authors: Ríordáin Pádraig Ó , McLaughlin Maura , McSharry Gary , Arthur Cox
Published: November 2023

The Directive 2004/25/EC of the European Parliament and of the Council of April 21, 2004, on takeover bids (the “Takeover Directive” or the “Directive”) was transposed into Irish law by the European Communities, Regulations 2006 (S.I. 255/2006) (the “Regulations”) pursuant to Section 3 of the European Communities Act, 1972.
Implementation of the European Takeover Directive in Luxembourg
Authors: Schummer Laurent , Falconi Riccardo
Published: November 2023

The Luxembourg law dated May 19, 2006, has implemented the Directive 2004/25 of the European Parliament and of the Council on takeover bids (The Takeover Directive or the Directive).
Implementation of the European Takeover Directive in the United Kingdom
Authors: Godden Richard
Published: November 2023

Directive 2004/25/EC of the European Parliament and of the Council of April 21, 2004, on takeover bids (the Takeover Directive or the Directive) was originally implemented in the United Kingdom (UK) by the Takeovers Directive (Interim Implementation) Regulations 2006 (the Regulations), which were made on April 25, 2006, and became effective on May 20, 2006. These Regulations have been replaced by Part 28 of the Companies Act 2006 (the Act), which became law on November 8, 2006 and came into force on April 6, 2007.
Hollywood, San Simeon, and Expansion
Authors: Procter Ben
Published: November 2023

Early in the 1900s, nestled in the valleys and foothills of the Santa Monica Mountains in northwest Los Angeles, lay the peaceful community of Hollywood. Because of the warm southern California climate, with a terrain caressed by Pacific Coast breezes and “aglow with orange groves, fruit trees, palms, and poinsettias;’ Hollywood was considered an ideal place to live. But by 1926 the business and economic complexion of the area had changed significantly “from a paradise for retired Iowan farmers into a seventh heaven for youth:’ More than eighty percent of the motion picture trade, which was the fourth largest industry in the world, now resided in Hollywood and the surrounding area. As this golden age of the 1920s continued, population doubled, trebled, then quadrupled, with Hearst’s Los Angeles Examiner publicizing California growth in a daily headline, “2nd Million Population Is Coming to Los Angeles:• As a consequence real estate exploded in value; accompanying businesses arose to meet urban demands, and local leaders struggled to solve the problems of municipal expansion.
Solutions to Depression and President Maker
Authors: Procter Ben
Published: November 2023

By the spring of 1930 severe economic depression inundated the United States, creating a contagion of anxiety and fear in its wake. After the Wall Street crash on October 29, President Herbert Hoover repeatedly downplayed the seriousness of the calamity, announcing in conference after conference with the nation’s business leaders that the economic downturn was only temporary, that prosperity was ‘just around the corner:’ It was inconceivable to him chat the business and financial structure of this nation was in danger of total collapse. Bue the president was wrong. Bread lines began to appear in many of the larger cities, and by the fall of 1930 soup kitchens to feed lines of hungry masses became commonplace. Banks dosed, with millions of investors losing their life savings. Wages declined and unemployment rose; hence, debts mounted and purchases dwindled as the downward spiral of depression signaled an even greater economic catastrophe.
A Jeffersonian Democrat Versus the New Deal
Authors: Procter Ben
Published: November 2023

With the inauguration of Franklin Delano Roosevelt as the thirty second president of the United States on March 4, 1933, William Randolph Hearst faced an uncertain future, filled both with hope and anxiety. Like other Americans, he anticipated a change of direction in the policies of the United States as well as a rejuvenation of political leader ship sensitive to the needs of the American people. At the same time Hearst believed that he could help the Roosevelt administration solve some of the horrendous problems of the Great Depression. Yet even though blessed, or cursed, with a colossal ego and an intellect bordering on genius, Hearst grudgingly had to admit that he did not have all the answers for the economic debacle of October 1929.
Domestic Instability—Revolution, Civil War, State Failure
Authors: Bremmer Ian , Keat Preston
Published: November 2023

In January 1978, Tehran experienced a “revolutionary upswing.” Protesters flooded the streets day after day in mass demonstrations against Shah Mohammad Reza Pahlavi, the Iranian monarch, hated by many of his subjects for the repressiveness of his regime and for his close alliance with the West. A year after the protests began, the political fallout for the West—and the economic cost to Western companies—would be immense. Trade between Iran and the United States, valued at $5.7 billion in 1977, would be effectively wiped out. A new government would expropriate vast amounts of U.S. and other foreign-owned property. These companies would recoup some of the losses years later in an international claims tribunal, but a combination of Iranian hostility toward America and U.S. embargoes would guarantee a loss of potential revenue for these firms for decades to come. The shah would be gone; Iran would be ruled by a theocracy hostile to the West. The Islamic revolution and the regional political realignment it provoked are still very much with us. After the Japanese attack on Pearl Harbor and the September 11 terrorist attacks, the shah’s overthrow in 1979 may well represent modern America’s greatest intelligence failure.
Expropriation
Authors: Bremmer Ian , Keat Preston
Published: November 2023

Until 1951, Iran’s oil industry was dominated by the Anglo-Iranian Oil Company, the forerunner of today’s BP. That year, amid growing resentment of the British presence in the oil industry, Iran’s government passed a law nationalizing Anglo-Iranian’s concession. The company’s management failed to recognize signals that political change would soon force an adjustment in the company’s relationship with Iran until it was far too late. This expropriation was driven not only by the Iranian government’s demand for a greater share of the country’s oil revenue but also by a growing wave of wounded national pride inspired in part by the exploitation of Iran’s natural resources by foreigners. Anglo-Iranian’s management, led by Sir William Fraser, initially resisted Iranian demands for a greater share of its profits, despite pleas for compromise from the U.S. and British governments, the latter of which owned 51% of the company. By the time Anglo-Iranian was ready to make a deal, nationalist politicians, led by Mohammed Mossadeq, had shifted their demands. No longer content with a larger piece of the pie, Mossadeq called for the company to be nationalized. Mounting political violence and pressure forced the shah to sign a nationalization law in April 1951, officially voiding Anglo-Iranian’s concession.
The Need for a Development Round
Authors: Stiglitz Joseph E , Charlton Andrew
Published: November 2023

The current multilateral trade liberalization round, the Doha Round, is the ninth in a series of such negotiations which began in Geneva in 1947. The first eight of these were conducted under the auspices of the WTO’s predecessor, the GATT (General Agreement on Tariffs and Trade), which was established on a provisional basis after the Second World War as a draft charter for the proposed International Trade Organization (ITO). The ITO was stillborn­ it was never ratified by the US Congress and other national legislatures-but the GATT continued to govern international trade in the form of a multilateral treaty from 1948 to the creation of the WTO in 1995.
Founding Principles: The Basis of a Fair Agreement
Authors: Stiglitz Joseph E , Charlton Andrew
Published: November 2023

One reason the Development Round is faltering is that the WTO (like its predecessor the CATT) has been, by process and structure, a mercantilist institution that has worked on a principle of selfinterested bargaining. The concept of a Development Round implies a fundamental departure from the system of mercantilism towards collectively agreed principles. However, there has been almost no discussion, let alone agreement, on what such principles might be. The lack of commonly agreed values has deprived the WTO’s members of any means of collectively choosing a set of policies from among competing proposals.
Priorities for a Development Round
Authors: Stiglitz Joseph E , Charlton Andrew
Published: November 2023

The natural question to be asked by each developing country as it enters trade negotiations is ‘What agreement would make the most difference for us?’ There is a corresponding question for the developed countries: ‘What is it that we could give, which is of most benefit to the developing countries, and which has the least cost (or perhaps even benefit) to us at the same time?’. The developed countries’ natural response may be to demand a quid pro quo. But such a demand would be to look at the current negotiation outside of its historical context. The developed countries have to date received the lion’s share of the benefits from previous trade negotiations. Accordingly, they ought to be willing to do more for the developing countries in this round.
Who Gets Angel Money?
Authors: Shane Scott A
Published: November 2023

The descriptions of the companies that receive angel money have taken on mythic proportions. Angels, it seems, are looking for everything: a high-growth market, a proﬁtable business, an experienced team, a proprietary competitive advantage, a good business model, a well-written business plan, strong ﬁnancial projections, the right ﬁnancial structure, excellent exit options, and a high rate of return, among other things. Take the following example of what angels are purported to be looking for that I downloaded from one Web site: And this is the list my editor would let me reproduce because it was the short one! Some books and articles about angel investing go on for pages upon pages about the characteristics that angels are looking for, listing well over 100 different things that angels want. Before you get discouraged and think that angels are only interested in a very special group of companies that are nothing like the company that you’ve started, and certainly before you fork over $77 for a CD that will tell you all the things that angels are looking for,2 let me be the ﬁrst to tell you not to worry. Angels invest in plenty of companies that don’t meet these criteria. In fact, the typical company that receives an angel investment has relatively few of the characteristics described in most articles or books on angel investing.
Classic Mean-Variance Optimization
Authors: Michaud Richard O , Michaud Robert O
Published: November 2023

This chapter describes in relatively simple terms some of the essential technical issues that characterize MV optimization and portfolio efficiency. For the sake of compact discussion, the introduction of some basic assumptions and mathematical notation will be useful. An example of an asset allocation optimization illustrates the techniques presented here and throughout the text. Suppose estimates of expected returns, variances or standard deviations, and correlations for a universe of assets. The expected return, µ(mu), of a portfolio of assets P, µ is the portfolio-weighted expected return for each asset. The variance σ2 (sigma squared) of a portfolio of assets P, σP2, depends on the portfolio weights, the variance of the assets in the portfolio, and the correlation, Ρ (rho), between pairs of assets.3 The standard deviation σ is the square root of the variance and is a useful alternative for describing asset risk. One reason for preferring the standard deviation to the variance is that it is in the same units of return as the mean. Exhibit 2.1 shows the mean and standard deviation for a portfolio consisting of two assets. It illustrates some essential properties of portfolio expected return and risk. Asset 1 has an expected return of 5% and risk of 10%, and asset 2 has an expected return of 10% and risk of 20%. Five curves connect the two assets and display the risk and expected return of portfolios, ranging from 100% of capital in asset 1 to 100% in asset 2. The asset correlations associated with the five curves (from right to left) are 1.0, 0.5, 0, –0.5, and –1.0. The five curves illustrate how correlations and portfolio weights affect portfolio risk and expected return. When the correlation is 1, as in the extreme right-hand curve in the exhibit, portfolio risk and expected return is a weighted average of the risk and return of the two assets.
Introduction: Doing the Right Thing
Authors: Sandel Michael J
Published: November 2023

One way to begin thinking about moral and political philosophy is to ask yourself what you would do if faced with a moral dilemma, or, more precisely, what you hope you would do. For example, most people believe it is wrong to kill an innocent person. But suppose you find yourself in a situation in which killing an innocent person is the only way to prevent many innocent people from dying. Is it the right thing to do? Such questions often confront soldiers and policy-makers during wartime.
Cultured Stripper
Authors: Frankel Noralee
Published: November 2023

Gypsy socialized with the intelligentsia of the Big Apple. By the middle of the twentieth century, New York City had become the cultural and intellectual mecca of the nation. Many European authors and artists fleeing fascism and those who emigrated earlier during the World War I era mingled with their American counterparts and fostered the spread of modernist currents throughout the arts. The fusion of cosmopolitan, avant-garde aesthetics with the popular, distinctly American (and African American–influenced) styles of live performance was a heady mix. Just as European intellectuals showed a special appreciation of jazz, so they were amused by an intellectual stripper. The reaction of critic and writer Jean Cocteau was typical; after he saw Gypsy perform, he chirped, “How vital.” Gypsy often repeated the remark.

During the early 1940s, Gypsy rented a fourth-floor walk-up apartment at 206 East Fifty-seventh Street from Anna Della Winslow.
Migraine and Headache
Authors: Mauskop Alexander
Published: November 2023

Headaches afflict 70% of the population with 12%, or 30 million adult Americans, suffering from migraines. Due to co-morbidities, up to 30% of patients seen in primary care settings suffer from migraines. Medical care provided to these headache sufferers is often suboptimal. Part of the ‘Oxford American Pain Library,’ this concise handbook provides primary care doctors and other health care professionals with practical information about the diagnosis and management of headache in their patients. The book covers the classification of headaches and provides shortcuts to making an accurate diagnosis, along with recommendations for the proper utilization of diagnostic procedures. Common headache conditions discussed include migraine, chronic migraine, status migraine, cluster and related headaches, tension headaches, sinus headaches, cervicogenic headaches, secondary headaches, and neuralgias. The book provides a comprehensive review of pharmacological treatments such as antihypertensive agents, anticonvulsants, antidepressants, 5HT1 agonists (triptans), as well as a discussion of the scientific basis of non-drug treatments. Representative cases are presented to aid the integration of factual knowledge with practical approaches. The book is concise yet comprehensive, scientific as well as practical, filled with facts, but highly readable. The small format makes it portable as well as affordable.
Monitoring Antiepileptic Drugs and Their Toxicity
Authors: Asadi-Pooya Ali A , Sperling Michael R
Published: November 2023

There is a correlation between the serum concentration of any antiepileptic drug (AED) and its therapeutic and toxic effects. Therapeutic drug mon-itoring seeks to optimize the desirable effects of AEDs while minimizing their undesirable properties. The role of drug monitoring is somewhat controversial, because the therapeutic level varies from one patient to the next and is not certain for some AEDs. Moreover, it is not clear that higher levels are more effective than lower levels for many agents. Some clinicians hold the view that levels are irrelevant as long as patients are seizure free and do not experience side effects.
Antiepileptic Drugs and Metabolic Disorders
Authors: Asadi-Pooya Ali A , Sperling Michael R
Published: November 2023

Topiramate is associated with a mild hyperchloremic, non–anion gap metabolic acidosis manifest by a persistently low bicarbonate level. Bicarbonate decrements are usually mild to moderate, with an average decrease of 4 mEq/L at daily doses of 400 mg in adults and approximately 6 mg/kg/day in pediatric patients. Rarely, however, decreases of more than 10 mEq/L can be found. The metabolic acidosis typically occurs soon after initiation of therapy. Conditions or therapies that predispose to acidosis such as renal disease, severe respiratory disorders, status epilepticus, diarrhea, surgery, ketogenic diet, or other drugs may add to the bicarbonate-lowering effects of topiramate.
Antiepileptic Drugs in Patients With Migraine Headaches
Authors: Asadi-Pooya Ali A , Sperling Michael R
Published: November 2023

Two disorders are comorbid if they occur in the same person more frequently than by chance alone. Migraine and epilepsy appear to be comorbid. The prevalence of epilepsy in persons with migraine ranges from 1% to 17% with a median of 5.9%, substantially higher than the population prevalence of epilepsy (Andermann and Andermann, 1987). The reported frequency of migraine in epileptic populations ranges from 8.4% to 24.0% (Marks and Ehrenberg, 1993; Ottman and Lipton, 1996; Stevenson, 2006).
Antiepileptic Drugs and Ophthalmologic Problems
Authors: Asadi-Pooya Ali A , Sperling Michael R
Published: November 2023

Ophthalmologic problems in patients with epilepsy may be due to either the disease process or therapy with antiepileptic drugs (AEDs). Visual disturbances such as blurred vision, diplopia, and oscillopsia are generally benign, reversible, dose-dependent neurotoxic side effects of AEDs. The dose of medication simply needs to be reduced or the dosing frequency increased to abolish this complaint in most instances. However, some patients have visual complaints at relatively low serum levels, and the offending AED must be stopped and replaced with another.
Antiepileptic Drugs and Bone Health
Authors: Asadi-Pooya Ali A , Sperling Michael R
Published: November 2023

Patients taking antiepileptic drugs (AEDs) have higher rates of osteopenia, osteoporosis, and bone fractures than the general population (Gissel et al., 2007). Good population-based epidemiological studies are lacking, but published studies evaluating bone density in patients recruited from epilepsy clinics suggest that the rate of osteopenia and osteoporosis generally is 40–75% and the magnitude of the reduction in real bone mineral density may be as high as 16% (Petty et al., 2005); although other studies have found varying percentages, all have found a relatively high prevalence of bone demineralization in people with epilepsy.
What Law Is About
Authors: Llewellyn Karl N
Published: November 2023

You have come to this school to embark upon the study of the law. Most of you have in the back of your heads an idea that as a result of that study you will become lawyers. Some of you have some notion of what it is that a lawyer does. You think of a man who tries cases before courts. Or do you think particularly of a man to whom to turn in case, for any reason, you happen to get arrested? But what a court does, what a lawyer does in court, and what he does outside, what relationship either court or lawyer has to the law, what relation the law school has to any of these things—around these things, I take it, there floats a pleasant haze. If it were not pleasant, you would not be here. Perhaps you would not, if there were no haze.

What I propose to do is to take up successively a series of questions. First, and today, what is this law about, which you propose to study? Second, and tomorrow, what is the machinery for going about this study; what are you going to have to do in this school and how can you best go about doing it? Third, what are the opportunities that the school offers and what are some of the problems that you will have to solve here, and what are some of the ways of their solution? And lastly, how does the study of the law here bear upon the work that you will do and the life that you will live when you leave this school and go into the practice?
This Case System: What Lies Behind the Case
Authors: Llewellyn Karl N
Published: November 2023

A law school, setting up a course of study, must face two different jobs. In part, they overlap; but they cannot be assumed in advance to coincide at all. The one job is to discover what you need in order to practice your profession, to pick out such parts of that equipment as are either most fundamental or best teachable in school, and to devise means of getting these things across to you. The second job begins where the first leaves off, and begins irrespective of how well the first is done, and is a problem peculiarly of the first year. Granted that the curriculum is, wisely or unwisely, to take a given line, what do you need to know in order to handle, not the practice of law, but the practice of law school? In part, I say, these two problems overlap, and it is well they do. But I am concerned today but little with their overlapping, or with the first, the long-run job, save as a passing reference to it may shed some light upon the other. The question today is immediate and intensely practical. It has been decreed that you are to study law largely by “the” case system. What do you need to know to make that study go? I warn you again that you will find my words empty, find them even likely to mislead, to the extent that you have incurred the danger of a “little knowledge.” But the concrete basis is already being provided day by day in your assignments and your use of the case-books. It will pay promptly, therefore, if you follow. Certain it is that students who are simply pushed off the dock into case-method study flounder rather longer than if they have some inkling of the underlying theory. For however different the methods of your various instructions are (and they diverge amazingly), there are some theories common to the teaching of them all.
This Case System: What to Do with the Cases
Authors: Llewellyn Karl N
Published: November 2023

I have now sketched for you in charcoal outline—an unkind critic might remark, in bastard caricature—the part that law and law’s minions play in our society, and the general history of a case at law. All this, for your ordained affairs, is background; you will be getting restive. Indeed, in delivering these lectures orally, I have felt the need, before the second hour, of setting to work to dynamite the foreground stumps: cases in casebooks have been assigned to you; what, then, are you to do with them?

Now the first thing you are to do with an opinion is to read it. Does this sound commonplace? Does this amuse you? There is no reason why it should amuse you. You have already read past seventeen expressions of whose meaning you have no conception. So hopeless is your ignorance of their meaning that you have no hard-edged memory of having seen unmeaning symbols on the page. You have applied to the court’s opinion the reading technique that you use upon the Satevepost. Is a word unfamiliar? Read on that much more quickly! Onward and upward—we must not hold up the story.
This Case System: Precedent
Authors: Llewellyn Karl N
Published: November 2023

There are psychologists who delight in talking of an apperceptive mass. I am not quite sure what such an apperceptive mass may be, nor of whether it is at all. But I am very sure that these psychologists have a strong truth by the tail. The only question, as A.G. Keller used to put it, is whether, for all our firm grip on the tail, we shall have skill and patience to work up over the rump.

The truth that we have seized upon is this: you see in your case almost exactly what you brought to it, and hardly more. If you bring much, you see much. If you bring nothing, that is what you see. A little, each case will add to what you knew. The measure of what it adds, again, is what you bring.

This point I dwelt on lovingly in the last lecture, in regard to briefing. I shall dwell on it now again, in reference to review. Case study progresses slowly. It works intensively. It works, because it must work intensively, upon a tiny body of material day by day. Hence you can seem to do the work, and seem to follow, although each day you have in mind the cases for the day, and nothing more. At this point, gentlemen, we meet the rump.
Ships and Shoes and Sealing Wax
Authors: Llewellyn Karl N
Published: November 2023

There is more to the law and to the study of law than the Case System. And now that that most pressing business is over, and you see at least something of what the study of cases is about, we can sit back more at our ease, give fancy freer rein, and loaf a little in such pastures of the law as the old nag will take us to. There is no end of pastures: logic, and legal history, and the Register of Writs; law on the Continent, law among the Cheyenne, juvenile courts; Hohfeldian analysis, the federal Constitution; Bracton and Blackstone, Mansfield, Coke and Bentham; how English law came to America; statutes, the judge in politics, legal research; admission to the bar, the bar itself; use of the library, codes, and the law’s delay. Let us pick out a few of these, and stuff our pipes, touch a match, puff, and watch the pictures in the smoke.
And Law School Offers What?
Authors: Llewellyn Karl N
Published: November 2023

We have had enough of technical stuff which you are supposed to need, or at least to hear of, in order to make your case class go. It is time to go back to where we began, and to take bearings once again on what it is all about. I propose to take observations with you along three different lines. First, what is the orientation of the school with regard to the profession? What does it offer that you need? Why does it offer some things and not others? What do you need for your practice which it does not offer? To which the answer is: almost everything you will need for your practice. And, as inescapable, I shall have something to say on how to stay in the school. Tomorrow, a second line of observation: what of the law in reference to our civilization? What is it worth? How did it get that way? What does it add? In part derived from the first two, there is a third line worth pursuing as we close these lectures: what are the possibilities in studying law? To what end? What is there in the study worth the having?
Values and Increased Profits?
Authors: Landier Augustin , Nair Vinay B
Published: November 2023

For many, the conclusion that SRI can offer competitive returns is surprising enough—imagine their reaction to this statement on the website of the UN Principles for Responsible Investment: “There is a growing view among investment professionals that environmental, social and corporate governance (ESG) issues can [positively] affect the performance of investment portfolios.
Is SRI Sustainable?
Authors: Landier Augustin , Nair Vinay B
Published: November 2023

Doubtful investors who believe that incorporating a partic-ular set of “values” in investment might well be the “flavor of the month” will not be interested in joining the SRI movement. Such investors will find it difficult to believe that companies’ behavior will really change in response to something that is a passing trend. They also fear that SRI portfolios will be hurt once the fad disappears, since their stocks will then lose any associated premium.
The General Treatment Provisions
Authors: Vandevelde Kenneth J
Published: November 2023

The first investment protection provisions in U.S. treaty practice were those guaranteeing certain absolute standards of treatment—typically “special protection” or “full and perfect protection”—to property owned by nationals of the other party.1 Relative standards, requiring MFN or national treatment with respect to investment, began to appear in the latter part of the nineteenth century. One early formulation guaranteed national treatment with respect to the right to “engage in all kinds of trade, manufacturers, and mining” and “all the privileges and concessions in these matters,” with the exception of the coasting trade. Thus, the right was not to national treatment with respect to the establishment and operation of investment generally, but to national treatment of investment related to trade, manufacturing, or mining.

The interwar FCNs continued this pattern, but broadened the protections granted. They provided that property be afforded “the most constant protection and security” and added a guarantee of treatment no less than that required by international law. They also entitled nationals of each party to national and MFN treatment with respect to the right to “engage in scientific, religious, philanthropic, manufacturing, and commercial work of every kind” and “generally to do anything incidental to or necessary for the enjoyment of any of the foregoing privileges.”3 The interwar FCNs thus included MFN as well as national treatment and broadened the coverage to include nonprofit as well as commercial activities. The right of MFN and national treatment for investment, however, continued to apply only to the extent that the investment was incidental or necessary to engaging in these activities.
Other Model BIT Provisions
Authors: Vandevelde Kenneth J
Published: November 2023

A consistent goal of U.S. investment agreements has been to obtain the resolution of disputes through consultations whenever possible, reserving other remedies for situations in which consultations fail. Provisions requiring the parties to consult date back to the earliest nineteenth-century FCNs, which generally provided that, in the event of a treaty violation, neither party could authorize an act of reprisal or declare war against the other without first having presented a statement of injury and demanded justice. The modern FCNs obligate the parties to consult with respect to any matter affecting the operation of the treaty, which is language derived from Article XXII of GATT.

The BITs maintain this policy. To emphasize the importance of consultation in all matters relating to the treaty, the model negotiating texts in use prior to 2004 contain a separate consultations provision. The 1983 model provides, at Article VI(1), which appears under the heading “Consultations and exchange of information,” that the parties agree to consult promptly, upon the request of either, to resolve any dispute “in connection with the treaty” or to discuss any matter relating to the interpretation or application of a BIT. The 1983 model does not specify the form that the request must take and thus it may be oral or written. The obligation to consult does not depend upon an allegation that the treaty has been violated.
Special BIT Provisions
Authors: Vandevelde Kenneth J
Published: November 2023

Many BITs include provisions that were never part of the model negotiating text, but were inserted into one or more BITs to address special concerns raised by those agreements. This was particularly true of the BITs negotiated with the countries of Eastern Europe and the former Soviet Union, where the transition to a market economy presented concerns peculiar to those countries. Special provisions, however, may be found in other BITs as well. This chapter describes some of the special provisions found in the signed BITs.
Bits Of The Last Decade: A Ticking Bomb For States?
Authors: Joubin-Bret Anna
Published: November 2023

Since the first bilateral investment treaty (BIT) signed in 1959 between the Federal Republic of Germany and Pakistan, BITs have been steadily concluded by home countries of investors to ensure the protection of investments made by their transnational corporations, linking the conclusion of BITs to political risk insurance programs and other bilateral economic cooperation packages. Countries that seek to promote foreign investment have, in turn, used BITs to make themselves more attractive by offering protection to investments.
The “Divine Mission”
Authors: Brewer Susan A
Published: November 2023

At the turn of the twentieth century, Americans and Filipinos fought bitterly for control of the Philippine Islands. The United States viewed the Pacific islands as a stepping-stone to the markets and natural resources of Asia. The Philippines, which had belonged to Spain for three hundred years, wanted independence, not another imperial ruler. For the Americans, the acquisition of a colony thousands of miles from its shores required a break with their anti-imperial traditions. To justify such a break, the administration of William McKinley proclaimed that its policies benefited both Americans and Filipinos by advancing freedom, Christian benevolence, and prosperity. Most of the Congress, the press, and the public rallied to the flag, embracing the war as a patriotic adventure and civilizing mission. Dissent, however, flourished among a minority called anti-imperialists. Setting precedents for all wartime presidents who would follow, McKinley enhanced the power of the chief executive to build a public consensus in support of an expansionist foreign policy.
Operation Iraqi Freedom
Authors: Brewer Susan A
Published: November 2023

When he launched operation iraqi freedom in March 2003, President George W. Bush declared that war would make Americans safer and the Iraqis free. Such assertions masked the real purpose: the expansion of U.S. influence in the Middle East. In the months following the terrorist attack by Islamic extremists in September 2001, the president decided to invade Iraq in order to remove dictator Saddam Hussein from power and transform the Persian Gulf nation into a reliable ally. Officials came up with many reasons why Americans must fight, designed to rally support for a war of choice. Their masterful promotion of Operation Iraqi Freedom initially disguised flawed intelligence and inept planning for the occupation. The disastrous results left many Americans wishing for real answers about why they were fighting in Iraq.
North From the Rappahannock
Authors: Desjardin Thomas A
Published: November 2023

“Who’s fault is it?” Sam Keene grumbled to his diary. “The fault of government. Poor management, imbecility, etc., etc.” As the captain of Company F of the 20th Maine Regiment, Keene probably felt he had good cause to complain about the state of things in June 1863, and he would have been hard pressed to find a Union soldier who would disagree with him. Marching through the hot summer was wearing patience thin in the army, and the absence of a mail call in Keene’s regiment for more than two weeks was taking a further toll on morale.
Copyright Owners and Moral Panics
Authors: Patry William
Published: November 2023

The transparent obviousness in the use of moral panics and folk devils is so simple to document that one might ask why they continue to be employed. The answer is because they are successful in achieving the goals of those who use them. Much like negative political advertising continues to be used despite polls showing the public disapproves of it, moral panics and folk devils are used because they effectively appeal to our “easy instincts, not our better angels.” Moral panics “reveal a lot about the workings of power, specifically who has the capacity to define a social problem and prescribe appropriate action.”2 Moral panics thus reveal disturbing truths about our political and legal process, in which a false public perception is created “by emphasizing emotional threats … in order to increase support for risky policies.”
Punishing Corporate Crime
Authors: Reilly Jamest. O ‘ , Hanlon James patrick , Hall Ralph F , Jackson Steven L . , Lewis Erin Reilly
Published: November 2023

Punishing Corporate Crime: Legal Penalties for Criminal and Regulatory Violations provides a practical discussion of criminal punishment trends directed at the corporate entity. Corporate punishment, for the most part, has traditionally occurred either in the form of a fine or, in the extreme, a heavy sanction that terminates the business. This timely book analyzes the historical and statutory bases of corporate punishment and reviews the latest remedies now employed by the government, including receivership and monitoring, disgorgement of profits, restitution, integrity agreements, and disbarment from regulated fields. Punishing Corporate Crime explores the new and evolving area of corporate criminal punishment that has emerged in the post- Enron era. This book offers key advice in addressing the new and evolving punishments that face corporations, as well as a consideration of preventative programs.
A Space of One’s Own
Authors: Baron Dennis
Published: November 2023

The new digital genres rose to prominence as rapidly as they did not because people preferred machines to human contact, but because we couldn’t wait to reinforce existing relationships through writing, to develop new writing practices made possible by the new technologies, and to engage new audi- ences in dialogue. Programmers and hardware engineers may continue to assert their proprietary interest in computers, and it’s true that without the continuing innovations of the technology crowd, we’d still be hacking away at typewriters or reading books made from dead animal skins sewn together or, worse yet, sun-baked mud. But from the earliest days of the PC, it was the writers who took over the keyboard and claimed the computer screen as a space of their own. And it is the drive to put our lives online that underlies the popularity of MySpace and Facebook, which offer one-site-fits-all communication portals where writers are busy creating the latest digital genre for doing just that, a subgenre of social media sites that I call the space page.
From Pencils to Pixels
Authors: Baron Dennis
Published: November 2023

In 2002 Google began a project to scan millions of printed books in libraries around the world. The goal was to make these fully searchable texts available online at no cost to readers, a kind of livres sans frontières, or——with apologies to one large American bookstore chain——books without borders. Two years later, five major libraries—those at Harvard, Oxford, Stanford, and the University of Michigan, together with the New York Public Library—agreed to let Google digitize their collections, and the world’s most massive scanning enterprise began in earnest, with much of the scanning outsourced to China and India. Along with the libraries, which see the project as a way of making their collections more generally available, a number of major book publishers signed on as well, hoping that Google Book Search would keep some of the marginal titles on their backlists in circulation. Some of these same publishers have since gone to court to stop the project for infringing on their copyright. Pending a resolution to the suit, Google has restricted online access to the books that have been scanned to snippets (a few lines) or limited views (several pages). Books are presented in full only if they are out of copyright or if the publisher agrees.
Some Reflections on Migration and Identity
Authors: Benmayor Rina , Skotnes Andor
Published: November 2023

It’s mid-1993, and as we write this introduction, we wonder about the continuing resonance of the theme—Migration and Identity—which we chose some three years ago. But a cursory look at the daily news confirms that, in fact, the issue looms large everywhere and will continue to do so.
The Apple and the Olive Tree
Authors: Battisti Francesca , Portelli Alessandro
Published: November 2023

Since the student movement of 1990, we have participated in an oral history of the students attending foreign-language departments at the Villa Mirafiori campus of the University of Rome ‘La Sapienza’. Departments of foreign languages and literature are, by definition, places where people gather to learn about other languages and cultures; they are, therefore, almost natural places to look for signs of a multicultural imagination. Indeed, a central theme was the students’ desire for ‘otherness’, the myth of travel and cultural and linguistic multiplicity.
On Becoming a Citizen
Authors: Dagnino Evelina
Published: November 2023

The re-establishment of formal democratic regimes in Brazil and other countries in Latin America in the past decade has brought a new impetus to the discussion about the very nature of democracy. Social movements have been central to this process of democratization, and their role has suggested a new notion of citizenship, one that is being constructed by the disenfranchised and that transcends both liberal bourgeois conceptions and authoritarian practices of the state. Dona Marlene, the protagonist in this essay, has been an active participant in these social movements in Brazil. Her life story, as she tells it, conveys much about the contents, scope, modes, difficulties, and limits of the recent democratization processes-and the emerging conception of new citizenship.
Ethiopian Jews Encounter Israel
Authors: Ben-Ezer Gadi
Published: November 2023

The migration of black Ethiopian Jews to Israel since 1977 is a small yet dramatic movement, with unique features. It is interesting not only in its own right, but also because it shares, and often highlights, many features which are common to the migratory movements typical throughout the world in the later twentieth century. It is a migration from the South to the North (the Third World to the West), of black people into a predominantly white society; a movement primarily of the young and the fit, inspired by a utopian dream of life fulfilment; a dream sorely tested, if not shattered, by the experience of arrival in the ‘promised land’. The migration dream of Ethiopian Jews has, as we shall see, exceptionally deep roots in their traditional culture, but their heightened expectations make the parallels in experience with migrants inspired by more typical secular dreams of particular interest.
Family and Identity
Authors: Chamberlain Mary
Published: November 2023

Between 1955 and 1966, over 27,000 Barbadians migrated to Britain.2 It was the largest mass migration from the island since that to Panama in the first two decades of the twentieth century, when approximately 45,000 Barbadians migrated. The decades in between saw a steady flow of Barbadians to destinations within the Caribbean and beyond, to North and South America. Fear of the consequences of unemployment, and the resulting claims for overpopulation, led the government of Barbados to play an active role in the twentieth century in securing outlets for employment abroad.
Puerto Rican Women
Authors: Crespo Elizabeth
Published: November 2023

Throughout this century women have given this advice to their daughters and granddaughters: ‘Estudia por si tu marido te sale un sinvergiienza’ (‘Study in case your husband turns out to be no good’). It has become a popular saying whose origins are in working-class women’s culture and as such it is recognized by Puerto Rican women who usually have a personal story to tell when they hear this adage.
Between Identities
Authors: Bhabha Homi , Thompson Paul
Published: November 2023

Homi Bhabha is an Indian academic and cultural critic who has written and taught widely on colonial and post-colonial issues in the arts. He is editor of Nation and Narration (London, 1990) and author of The Location of Culture (London, 1993). He lives in London, where this edited interview was recorded in June 1993. He was asked at the start to recount his own story and the experiences and influences which led him to his present interests and perspectives.
Clubmen and Functionaries: Male Memory in Two Berlin Working class Neighbourhoods from the192ostothe198os
Authors: Brücker Eva
Published: November 2023

Georg Bergeraque (1924-89) was born in the Klausener Platz quarter in Berlin’s Charlottenburg district in 1924. His father, a disabled World War I veteran, was a carpenter and a communist trade union official. His mother worked as a housewife and took care of her only and invalid son. After leaving school in 1938, Bergeraque attended a commercial college and found a position in 1940 as a factotum at the EHER Publishing Company, which put out the fascist publications Viilkische Beobachter and Angriff. He was a member of the Hitler Youth despite his disabilities, took pride in his uniform, and felt accepted and integrated in a way he had rarely experienced at school and with his playmates. He was exempted from compulsory labour and military service and joined the communist youth movement in 1945, following an easy denazification procedure. Through the trade union (FDGB--Freier Deutscher Gewirtschaftsbund or Free German Trade Union Federation) he joined the Communist Party.
The War
Authors: Clegg Hugh Armstrong
Published: November 2023

From the declaration of war on 3 September 1939 to the German invasion of France through Holland and Belgium in May 1940, the war was conducted far from Britain. Germany and Russia seized their shares of Poland. Russia took over the Baltic. states and invaded Finland. Germany annexed Denmark and invaded Norway. Britain and France contemplated going to the aid of the Finns, and Britain had, ineffectively, sent troops to assist the Norwegians. The failure of this endeavour had the momentous consequence of replacing Chamberlain by Churchill at the head of a coalition government, for at the end of the two-day debate on the No1Wegian campaign on 7-8 May the adverse votes and abstentions of Members of Parliament who normally supported the government led to Chamberlain’s resignation.
Wartime Politics and Post-war Planning
Authors: Clegg Hugh Armstrong
Published: November 2023

Much of the peacetime activity of British political parties was suspended from the beginning of the war by the agreement between the three major parties on an electoral truce, whereby they undertook not to nominate candidates for vacant parliamentary seats against the candidate of the party that had held the seat before lhe vacancy occurred. This agreement did not, of course, prevent minor parties or independent candidates from contesting by-elections, but it did mean that in most by elections there was little chance of the party in possession losing the seat. The incentive to local party activity was thus reduced and it was further limited by the suspension by Act of Parliament of local elections, leaving it to the local parties to replace by nomination councillors who died or retired. The advent of the coalition government further restricted normal party activities in Parliament since there was now no opposition party. Criticism of government actions and proposals was left to individuals or temporary groupings. A further limitation was the suspension of private members’ bills and motions.