bluuebunny/crossref_metadata_2025 huggingface dataset:
Justice and Egalitarian Relations
Authors: Schemmel Christian
Published: April 2021

This chapter introduces the key features and motivations of liberal relational egalitarianism. It notes that social justice and social equality have mostly been treated as separate values in the history of modern Western political thought, and that contemporary liberal egalitarianism is traditionally thought to require a form of distributive equality. It then argues that weaving social justice and social equality together in an account of relational equality as an urgent and stringent demand of liberal social justice is therefore a novel project worth attempting. It goes on to outline the overall argument of the book and the contribution of each chapter, as well as the different literatures and rival theories it draws on, and concludes by delineating the social scenario it is a theory for: primarily, for a society characterized by a reasonably well-functioning institutional structure capable of organizing social cooperation by enabling and sustaining a complex division of labour.
Popular Manifestation
Authors: Frank Jason
Published: April 2021

While contemporary democratic theory has explored the paradoxes of peoplehood and the dilemmas of authorization and legality that follow from them, this chapter focuses on a related but conceptually distinct problem: the question of how popular sovereignty’s authorizing entity, the people, publicly appears, how it makes itself tangible to the senses, how the people takes shape as a collective actor when no formal rules and procedures for identifying popular will exist, or when these rules and procedures are so deeply contested as to be effectively deauthorized. This chapter examines how this issue emerges in the work of two seminal theorists of modern democracy who have written extensively on the French Revolution—Carl Schmitt and Claude Lefort—only to be redirected from the aesthetic-political problem of manifestation to the political theological problem of incarnation.
Counseling Persons with Parkinson’s
Authors: Cole Allan Hugh
Published: April 2021

This chapter continues the case study begun in Chapter 8, demonstrating how Phases Two and Three of the loss-based counseling approach look in practice. Together, the counselor and client should proceed with their work in light of the client having a deeper awareness and understanding of his needs and desires. Through further dialogue and by virtue of an ongoing convergence of their horizons of experience, they now collaborate further with the goal of formulating a plan for ameliorating the client’s various concerns. The chapter attends particularly to formulating a plan of action based on primary identified problems and their effects, with the focus here returning to the five purposeful actions, receiving, enduring, adjusting, relocating, and sojourning, and how these inform the work of mourning. The chapter concludes with practical tips for continuing to utilize what the client has learned after counseling ends.
Krill Fishery
Authors: Kawaguchi So , Nicol Stephen
Published: April 2021

Antarctic krill is a key species in the Southern Ocean ecosystem as well as the target for the largest fishery in the Southern Ocean, which has been operating continuously since the early 1970s. The krill fishery began by operating all around the continent but gradually contracted to the West Antarctica in the 1990s, where it is currently concentrated on a few fishing grounds in the Southwest Atlantic sector. This fishery has regained some commercial attraction because of recent technological developments in harvesting and processing. These developments permit the production of high-value products, and the total annual catch has increased to nearly 400,000 t over the last decade. Climate change has already affected the krill fishery, with the reduced winter sea ice in the South Atlantic allowing current fishery operations farther south than what was previously possible. The Antarctic krill fishery is managed by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR). Its management system is unique in taking into account the state of the ecosystem as well as that of the harvested stock. The establishment of a feedback management approach for this fishery has been the major task for the Scientific Committee of CCAMLR to realize this ecosystem-based management objective. This chapter provides a general introduction to krill biology and ecology, followed by a narrative of the forces that prompted the development of a krill fishery and the current issues that surround its management.
Epilogue
Authors: Phelps Charles E. , Madhavan Guru
Published: April 2021

Two major branches of social and engineering sciences—social choice theory and systems analysis—seldom come together. Social choice theory guides the methods we use to choose among a given slate of alternatives. Systems analysis helps us think of new choices. Our efforts in this book are to show how the two areas of thought can be combined fruitfully to enhance organizational decision-making. Systems perspectives encourage thinking about how things interconnect. Deliberation processes that allow nonlinear thinking encourage systemwide thinking. Multi-criteria decision methods tell us how to evaluate choices with multiple dimensions of value. New methods of social choice give people methods to vote on all the choices together, holistically. Combining all of these will lead to a system that produces better design, decisions, and democracy.
The Social Brain
Authors: Wellman Henry M.
Published: April 2021

This chapter examines how children’s theory of mind springs from their social brains. Neuroscience shows that adults have a theory-of-mind neural network. Children’s developing theory of mind uses some of the same neural regions that are used by adults. But, it also shows considerable neural change over time. Theory of mind is a deeply developmental achievement, driven by experience and learning. Because the brain is plastic, that experience and learning also shape the structure and functioning of the brain. We experience and learn new things, and the brain changes in response. Indeed, theory-of-mind understandings and theory-of-mind brain activations change throughout childhood, together, step by step. There is no simple brain-tells-all story. Mind reading is learned; the social brain is a product of learning as well.
Why Delegate?
Authors: Mitchell Neil J.
Published: April 2021

There is no escaping the delegation relationship, whether in our everyday lives or in the wider economic or political world. This chapter introduces the central concepts that help us understand delegation such as principal, agent, information asymmetry, moral hazard, adverse selection, can’t control and won’t control and the various incentives to delegate. The aims of the book are to develop a broader more descriptively useful logic of delegation that has wide applicability and to do so in an informal and accessible way using real world examples. The book is structured around the variety of economic and political incentives to delegate, stretching from saving time and effort to saving reputation and position and finding someone to blame for wrongdoing.
Knowledge
Authors: Stoltz Jonathan
Published: April 2021

This chapter carries out a detailed analysis of Dharmakīrti’s definitions of the term pramāṇa. After elucidating his definitions and subsequent Indian interpretations of them, it is argued that we can characterize the standard post-Dharmakīrtian account of knowledge as a novel, truth-tracking cognition. The second half of the chapter explores how this Buddhist account of knowledge compares to analyses of knowledge in the contemporary analytic tradition of epistemology. It is argued, for example, that the Buddhist account cannot be assimilated to analyses of knowledge that appeal to justification, nor to standard versions of reliabilism. Instead, it more closely resembles the theory of knowledge defended by David Armstrong.
State Institutions
Authors: Collins Richard B. , Oesterle Dale A. , Friedman Lawrence
Published: April 2021

This chapter explores Article VIII of the Colorado Constitution, on state institutions. Section 1 requires that the general assembly establish and support educational, reformatory, and penal institutions, and empowers it to establish other institutions for the “public good.” The general assembly has liberally used this power to create community colleges, universities, and state colleges. Sections 2 and 3 establish Denver as the state capital unless changed at a general election by a two-thirds vote of the people. Original Section 5 created, as institutions of the new state, the University at Boulder, the Agricultural College at Fort Collins, the School of Mines at Golden, and the school for the deaf at Colorado Springs, and gave them substantial autonomy. A 1970 amendment broadened coverage to all higher education institutions and gave the General Assembly control over them so long as its intent is clearly expressed.
Officers
Authors: Collins Richard B. , Oesterle Dale A. , Friedman Lawrence
Published: April 2021

This chapter examines Article XII of the Colorado Constitution, which defines state officers and their duties and restrictions. Sections 2 through 7 are an important part of the framers’ efforts to provide a code of behavior for state and local officials. Section 4 disables anyone from holding state or local office who has been convicted of specified financial crimes, and Sections 6 and 7 attempt to combat bribery. Sections 10 and 11 define vacancies, terms of office, and changes in salaries. Sections 13 through 15 establish and set rules for the state’s personnel system. The chapter relates the complex and contested history of the civil service provisions.
Mining and Irrigation
Authors: Collins Richard B. , Oesterle Dale A. , Friedman Lawrence
Published: April 2021

This chapter addresses Article XVI of the Colorado Constitution, which deals with mining and irrigation. Mining and agriculture were Colorado’s principal industries in 1876, so provisions relating to both, and to irrigation in particular, were major subjects of discussion at the convention. Section 2 requires laws to protect the health and safety of miners and prohibits employment in mines of children under twelve. Sections 3 and 4 authorize statutes to regulate drainage of mines and to provide for teaching mining and metallurgy in “institutions of learning” supported by the state. The article’s celebrated Sections 5 and 6 assert public ownership of the unappropriated water of every natural stream and establish the right to appropriate the water of any stream for a beneficial use. Section 7 confers a private power of eminent domain for rights-of-way to convey water.
Publication of Legal Advertising.
Authors: Collins Richard B. , Oesterle Dale A. , Friedman Lawrence
Published: April 2021

This chapter looks at former Article XXIII of the Colorado Constitution, which was repealed in 1994. It had concerned publication of legal advertising related to ballot measures. The article was added in 1918 to require that proposed constitutional amendments and initiated and referred bills “be published in two issues of two newspapers of opposite political faith in each county in the state.” As those terms indicate, the article was modeled on the tradition of newspapers identified with political parties and the existence of an abundance of local papers. As those customs disappeared, the article needed revision. Instead, the 1994 amendment repealed the article and transferred its function to new Article V, Section 1(7.3), which requires the general assembly’s research staff to publish proposed ballot measures in legal newspapers.
Ethics in Government
Authors: Collins Richard B. , Oesterle Dale A. , Friedman Lawrence
Published: April 2021

This chapter covers Article XXIX of the Colorado Constitution on ethics in government. The article was added by citizens’ initiative in 2006. Its essential purpose was to outlaw gifts defined in Section 3 to public officers, employees, and their families. The section’s stricter ban allows no gift of any value by lobbyists except for campaign contributions; it specifically outlaws meals and beverages. Enforcement is committed to an Independent Ethics Commission (IEC) appointed as specified in Section 5. Since undertaking enforcement of the amendment, IEC has issued numerous decisions. Rulings are often responses to anticipatory requests by public officials, but some address attempts to discredit political opponents.
Challenges to the Application of the Concept of Vulnerability and the Principle of Best Interests of the Child in the Case Law of the ECtHR Related to Detention of Migrant Children
Authors: Turković Ksenija
Published: April 2021

The administrative detention of migrant children, and the conditions of deprivation of liberty, pose serious challenges to the realisation of their rights. The present chapter discusses the concept of vulnerability and the principle of the best interests of the child, and their legal consequences, for the effective respect, protection, and fulfilment of the human rights of migrant children in the context of immigration detention. In doing so, it gives a short overview of the developments in the Court’s case law related to detention of migrant children. Using the Court’s concepts of vulnerability, the best interests of the child, and circumscribed child’s autonomy, as well as taking inspiration from other international instruments and EU law, this chapter attempts to demonstrate where the European Court of Human Rights (ECtHR) case law on the detention of migrant children in particular under Articles 3, 5, and 8 of the ECHR could grow further, and the opportunities for such growth, as well as the barriers to it.
Memory as Political Strategy
Authors: Bachleitner Kathrin
Published: April 2021

This chapter locates the origins of collective memory in international strategy. To that end it first looks at existing sociological and political works which situate collective memory’s beginnings in the domestic sphere. However, in the immediate aftermath of an often-traumatic event to be remembered, publics remain predominantly silent, leaving policymakers with little to gain from making politics with memory, at least at home. In the international sphere, incentive structures, on the other hand, are different. As such, this chapter moves the emerging struggle over the formation of collective memory from the domestic to the international sphere; and with it, away from its origins in a country’s public and into the hands of its foreign policy officials. The new assumptions on collective memory’s beginnings are then demonstrated in the cases of West Germany and Austria. The empirical study illustrates that the two successor states to the Third Reich started to confront their Nazi legacy first in the international, post-war environment. The question of reparation payments to the State of Israel in 1952 forms the ‘critical situation’ for qualitative analysis and demonstrates how West German and Austrian officials initially constructed collective memory as a political strategy directed at an international audience.
The Context and State of the Art in European Biobanking
Authors: Hallinan Dara
Published: April 2021

This chapter examines the context and state of the art in European biobanks and biobanking. Specifically, it seeks to provide an overview of the emergence, function, and practice of the current European biobanking landscape. It begins by looking at the emergence of biobanks and biobanking, exploring the Human Genome Project (HGP). The chapter then focuses on genomic research—the activity biobanks support—and considers its social significance and prospects. Against this background, it offers a definition for the concepts of biobank and biobanking. This definition is then used to map the range of types of biobanks, and biobanking activity, identifiable across Europe. The chapter concludes with a consideration of trends which will define European biobanking in future.
The Protection of Genetic Privacy in Biobanking at International Level
Authors: Hallinan Dara
Published: April 2021

This chapter sketches a baseline level of protection for genetic privacy rights in biobanking, against which legal systems, including the General Data Protection Regulation (GDPR), might be compared. This baseline level of protection is provided via identifying principles dealing with the protection of all types of genetic privacy rights, and rights holders, in biobanking in the international framework. The chapter identifies two types of international principles: common international principles—principles identified in a majority of all biobank-relevant international instruments; and emerging international principles—principles identifiable in a majority of biobank-specific international instruments. It also offers a critical analysis of the protection offered under the international framework. This critique does not aim to undermine the legitimacy of regarding identified international principles as offering a baseline level of protection. Rather, it merely aims to highlight that the protection provided has flaws, and thus should not be regarded as definitive or perfect.
Our Brains at War
Authors: Fitzduff Mari
Published: April 2021

Our Brains at War: The Neuroscience of Conflict and Peacebuilding suggests that we need radical change in how we think about war, leadership, and politics. Most of us, including most political scientists, fail to appreciate that the main factors in today’s identity wars and politics arise not from logic but from instincts and emotions, against which reason often has little sway. Many of our physiological and genetic tendencies, of which we are mostly unaware, can easily fuel our antipathy toward other groups, make us choose supposedly “strong” leaders over more mindful leaders, facilitate the recruitment of fighters for both legal and illegal militia groups, and enable even the most seemingly gentle of us to inflict horrific violence on others. Unfortunately, in today’s world, such instincts and emotions also increase our susceptibility to being easily led toward hateful activities by social media. Without understanding the genetic, neural, and hormonal tendencies that facilitate such predispositions, it will be extremely difficult to achieve sustainably peaceful societies. Drawing on the latest research from newer sciences such as social biopsychology, behavioral genetics, political psychology, and social and cognitive neuroscience, this book identifies the sources and the consequences of such instincts and emotions. It also suggests that we need new and radical ways of dealing with societal and global conflicts by openly addressing the biological factors that help create them and by taking them into account in our plans for more constructive politics and more effective peacebuilding in our increasingly fracturing world.
Us and Others
Authors: Fitzduff Mari
Published: April 2021

This chapter looks at the importance of group belonging for feelings of safety and validation, particularly in times of conflict. It examines how and why varying group identities such as religion, ethnicity, and social and cultural identities enable people to deny the importance of the lives of members of other groups or even their own lives. It looks at the social and biological advantages of group membership, which can increase our suspicion and rejection of others. It also looks at how we usually understand others not by thinking but by feeling and addresses the role of mirror neurons in this process, as well as hormones such as oxytocin, and their implications for group conflict. It considers the phenomenon of emotional contagion between groups, which will drive them to group behavior that can be contrary to their “normal” behavior.
The Lure of Extremism
Authors: Fitzduff Mari
Published: April 2021

This chapter looks at the phenomenon of violent extremism or “terrorism”—so called depending on the context. It notes that fundamentalism (including violent fundamentalism) is a form of extreme belief—with the group aspects often more important than the actual beliefs. The chapter shows just how strongly our choices for membership of extreme groups are facilitated by our genetic, neurological, and hormonal predispositions to situations of tension and to danger, particularly when added to perceptions of group inequities and exclusion. It appears that membership of such groups is more often about a sense of solidarity and collectiveness than about truth, and strategies aimed at changing “beliefs” can have only a limited force. Thus, the actual as well as the expressed reasons for joining such groups need to be taken into account in designing strategies to change such memberships.
The Good Kill
Authors: LiVecche Marc , Mallard Timothy S.
Published: April 2021

The Good Kill examines killing in war in its moral and normative dimension. It argues against the commonplace belief, often tacitly held if not consciously asserted, among academics, the general public, and even military professionals, that killing, including in a justified war, is always morally wrong even when necessary. In light of an increasingly sophisticated understanding of combat trauma, this belief is a crisis. Moral injury, a proposed subset of posttraumatic stress disorder, occurs when one does something that goes against deeply held normative convictions. In a military context, the primary predictor of moral injury is having killed in combat. In turn, the primary predictor for suicide among combat veterans is moral injury. In this way, the assertion that killing is wrong but in war it is necessary becomes deadly, rendering the very business of the profession of arms morally injurious. It does not need to be this way. Beginning with the simple observation—recognized by both common sense and law—that killing comes in different kinds, this book equips warfighters and those charged with their care and formation with confidence in the rectitude of certain kinds of killing. Engaging with Augustine, Thomas Aquinas, Reinhold Niebuhr, Paul Ramsey, Nigel Biggar, and other leading Christian realists, crucial normative principles within the just war tradition are brought to bear on questions regarding just conduct in war, moral and nonmoral evil, and enemy love. The Good Kill helps equip the just warrior to navigate the morally bruising field of battle without becoming irreparably morally injured.
The Problem of Paradox
Authors: LiVecche Marc
Published: April 2021

Chapter 2 helps uncover why so many warfighters hold the belief that killing is wrong. It does so by linking this belief to a particular kind of ethical paradox, commonplace in Western Christianity and the wider culture. This paradox is grounded in the twentieth-century American public intellectual Reinhold Niebuhr. This chapter introduces the Niebuhrian tension placed between the Christian conceptions of love and justice, sometimes cast as contradictory obligations to a law of love and a law of responsibility. This chapter proceeds in two parts. The first part illustrates Niebuhr’s view of love, which, rooted in pacifism, illuminates his belief that killing is morally wrong. The second half, however, demonstrates how Niebuhr’s commitment, rooted in realism, to responsibility leads him to willingly suspend the law of love. After showing how the Niebuhrian paradox renders warfighting inherently morally injurious, this chapter concludes by challenging it.
Just War in the Midst of Combat
Authors: LiVecche Marc
Published: April 2021

Chapter 4 deals with the conceptual challenge of whether the just war ethic can properly be described as retributive. The just war view of killing is defended against charges that it is conceptually incoherent, especially when it presents killing as an element in the process of reconciliation. In defense of the just war stance, this chapter examines the Augustinian notion that love can be harsh and severe as it seeks the flourishing of the object of its love. With Thomas Aquinas and Paul Ramsey coming into the conversation, just war is presented as an act of love in the last resort. Continuing to track with the Augustinian stream, this chapter offers a focused engagement with the contemporary just war ethicist Nigel Biggar and his work on the nature of evil, agent intention, and double effect as it intersects with the question of killing and enemy love.
Nuclear Mosques and Monuments
Authors: Hamblin Jacob Darwin
Published: April 2021

After the Indian nuclear test and the oil crisis of the mid-1970s, North Americans and Europeans exerted leverage through the very technologies that represented power, might, and independence—not the vague promises of technical assistance programs but direct aid in advanced equipment such as fighter planes, tanks, and missiles. Still, nuclear reactors had become symbols of power in South Asia and the Middle East, and numerous governments financed ambitious nuclear programs—many of them with clandestine bomb programs. Despite the risks of weapons proliferation, it seemed clear to US and European governments that encouraging nuclear infrastructure, by promising a cornucopian future, was a clear path forward in regaining control of the world’s natural resources and reasserting leverage in a changing geopolitical landscape.
The Gendered Pastor
Authors: Lauve-Moon Katie
Published: April 2021

Chapter 1 first provides a historical account of events leading to the formation of the Cooperative Baptist Fellowship (CBF). It also serves as the theoretical foundation of the book and offers an in-depth description of Acker’s concept of gendered jobs. This chapter presents quantitative data illustrating the gendered division of labor across the entire CBF and utilizes survey data to explore congregants’ conceptions of the ideal pastor in relation to gender. This chapter illustrates how the position of senior pastor conflates with leadership and authority and, therefore, is inherently masculinized despite some feminized expectations. This means that if congregants assume essential gender differences between men and women beyond anatomy, then women will be less likely to secure these positions.
Conclusion
Authors: Golia Julie
Published: April 2021

After World War II, transformations in the newspaper industry, in mainstream gender values, and in the nature of popular discourse again reshaped Americans’ experience with advice. The rise in the 1950s of a new generation of advice columns, led by Ann Landers and Abigail Van Buren, also marked the decline of local, participatory columns like the Detroit News’ “Experience” and the Chicago Defender’s “Advice to the Wise and Otherwise.” Yet early twentieth-century advice columns set key precedents of collective communication that continue to shape the digital communities that serve as our primary modes of personal interaction today.
Migration and Religious Refugees
Authors: Chung-Kim Esther
Published: April 2021

One of the biggest impacts on poverty in early modern Europe was migration. As various circumstances and conflicts generated a growing population of religious refugees in many cities, the magnitude of need overwhelmed local poor relief structures. This crisis prompted the development of poor relief outside of civic jurisdiction and prompted the development of separate ways to care for the foreign poor. For example, John a Lasco led a religiously autonomous foreigners’ church in London, where he emphasized commitment to poor relief among the exiles. This chapter examines the religious interpretations of the migration experience, its role in shaping religious identity, and the impact of migration on poor relief. By establishing poor relief systems for refugees, the foreigner churches, or stranger churches, relieved city governments of the additional financial burden of caring for refugees and simultaneously set up a form of church management to aid religious refugees.
Law Beyond the State
Authors: Pavel Carmen E.
Published: April 2021

At the dawn of the twenty-first century, international politics is increasingly governed by legal rules and institutions. Yet widespread skepticism of its value and transformative potential, and sometimes outright hostility toward it, abound. This book provides a normative justification for international law. Namely, it argues that the same reasons which support the development of law at the domestic level—the promotion of peace; the protection of individual rights; the facilitation of extensive, complex forms of cooperation; and the resolution of collective action problems—also support the development of law at the international level. The book offers moral and legal reasons for states to improve, strengthen, and further institutionalize the capacity of international law. The argument thus engages in institutional moral reasoning. It also shows why it should matter to individuals that their states are part of a rule-governed international order. When states are bound by common rules of behavior, their citizens reap the benefits. International law encourages states to protect individual rights and provides a forum where they can communicate, negotiate, and compromise on their differences in order to protect themselves from outside interference and pursue their domestic policies more effectively, including those directed at enhancing their citizen’s welfare. Thus, international law makes a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice.
Opposing political corruption
Authors: Ceva Emanuela , Ferretti Maria Paola
Published: April 2021

The principal resources for opposing political corruption should be internal to a public institution. When, upon scrutinizing a possible deficit of office accountability, political corruption becomes manifest, new anticorruption obligations ensue for officeholders. Anticorruption is the response officeholders should give to political corruption as an interrelated group. Anticorruption thus understood designates the practices of self-correction officeholders should follow to restore the normative order of just interactions constitutive of their institution. The chapter discusses, from this point of view on anticorruption, various practices of answerability such as codes of conduct, transparency provisions, mutual supervision, and whistleblowing.
Epilogue and Conclusion
Authors: Thackeray David , Toye Richard
Published: April 2021

We explore the ongoing importance of election promises since 1997. Even if the way that promises are disseminated has changed with the growing importance of the internet and social media in campaigning, expectations surrounding manifestos remain roughly those that were set during the twentieth century. And yet the Brexit controversy has arguably created an acute crisis in trust in politicians’ promises and uncertainty about the authority of election manifestos. In the aftermath of the Brexit vote, manifestos enjoyed a more central role in the 2017 and 2019 elections than they had achieved at other elections during the early twenty-first century, not least because of the ambiguities of the mandate provided by the referendum.
The Cosmic Void
Authors: Chen Eddy Keming
Published: April 2021

What exists at the fundamental level of reality? On the standard picture, the fundamental reality contains (among other things) fundamental matter, such as particles, fields, or even the quantum state. Non-fundamental facts are explained by facts about fundamental matter, at least in part. In this paper, I introduce a non-standard picture called the “cosmic void” in which the universe is devoid of any fundamental material ontology. Facts about tables and chairs are recovered from a special kind of laws that satisfy strong determinism. All non-fundamental facts are completely explained by nomic facts. I discuss a concrete example of this picture in a strongly deterministic version of the many-worlds theory of quantum mechanics. I discuss some philosophical and scientific challenges to this view, as well as some connections to ontological nihilism.
Browsing and Streaming
Authors: Mysoor Poorna
Published: April 2021

This chapter explores the application of implied licences to browsing as an activity on the internet. In this process, in addition to temporary copies of the content made on screen and in transmission, copies are made in the buffer of the computer in order to facilitate uninterrupted access, even if the content is not downloaded. If each copy made in this process needs permission from the copyright owner, then it would significantly impede the functioning of the internet. If browsing is not authorised, it would make infringers out of millions of users for simply viewing websites. The UK’s response has been to subsume this process into the statutory exception under section 28A of the Copyright, Designs and Patents Act 1988, which was transposed from Article 5(1) of the EU Infosoc Directive. This provision, however, suffers from inadequacies owing to certain inherent inflexibilities particularly apparent in relation to browsing of infringing content. This chaper argues that implied licence can offer a more flexible and dependable avenue to resolve the temporary copying issue, rather than the statutory exeption.
Considerations in the Initial Design of Regional Development Banks
Authors: Roper Steven D.
Published: April 2021

This chapter examines the origins, lending policies, and regional development bank (RDB) relationships with the International Bank for Reconstruction and Development from a comparative perspective focusing on the Inter-American Development Bank (IADB) and the European Bank for Reconstruction and Development (EBRD). Generally, existing historical works tend to focus on single case studies rather than explore similarities and differences among RDB. By comparing these two RDB in terms of the broader political considerations in which they were formed, we develop a greater understanding of the diversity and the similarity of RDB. This chapter argues that the international environment and regional competition among states played a substantial role in the initial development of each of these banks which in turn has fundamentally influenced the nature of lending and types of projects supported.
The European Investment Bank and the Asian Infrastructure Investment Bank
Authors: Kavvadia Helen
Published: April 2021

This chapter attempts to complement existing scholarly work by taking a holistic and contextual view of the European Investment Bank (EIB) and the Asian Infrastructure Investment Bank (AIIB). It addresses the following questions: How are the business fundamentals of the EIB and AIIB organized so as to fulfil their broader objectives? How are they ‘equipped’ to meet the requested increased objectives and face the current and future challenges? What role do these two institutions play in the regional development bank (RDB) field? And what are their future prospects in this field? In attempting to answer these questions this chapter follows a synthetic approach by initially investigating each RDB individually as an organizational entity and subsequently as an actor in the field of RDB. In order to analyse the EIB and AIIB as organizations, this chapter employs a novel mechanism developed by the author with recourse to Business Models and the Theory of Fields.
The Question of Technology
Authors: Wallgren Thomas , Toivakainen Niklas
Published: April 2021

While modern civilization takes pride in its commitment to reason, its discourse of technology remains confused and paradoxical. Technology has what the chapter calls a noisy presence in everyday life, art, advertisements, corporate propaganda and popular culture, characterized by the interplay between boyish enthusiasm and dark presentiment. Oddly, the noisy acknowledgment of the historical force of technology tends to transmute into embarrassed silence in critical debate and political life. Therefore, technology stands out as a scandalous affront to the paramount ideal of modernity, self-determination. The chapter’s diagnostic suggestion is that the paradoxical status in the discourse of technology is produced and upheld in the interplay between four incompatible notions of technology, namely that technology is progressive, unstoppable, neutral, and natural. It closes with some remarks on the moral dynamic that allows the preservation of much noise and little reason in the modern discourse of technology.
Atechnological Experience Unfolding
Authors: Heikkurinen Pasi
Published: April 2021

This chapter discusses the meaningful end of the human-dominated geological epoch and examines the role of technology in relation to it. It proposes that the transition to a meaningful post-Anthropocene is supported by experiencing ‘non-technology’ or ‘without-technology’. Further technologization will only accelerate anthropogenic destruction, while the absence of technological instruments and a technological mode of being will do the reverse. The chapter conceptualizes this phenomenon of ‘atechnology’—the absence of instruments and the instrumental relation to being in nature. Atechnological experiences are used descriptively to explain how the earth can move to a post-Anthropocene epoch and employed also for normative purposes, to ignite sustainable change. The ‘technology–atechnology’ continuum the chapter introduces importantly allows sustainability scholars and policymakers to deliberate not only on the proper kind of technology or the amount of technology needed, but also to consider atechnology as a way to relate to the world, others, and oneself.
Group-Sovereignty Conflict
Authors: O’Flynn. Levy
Published: April 2021

This chapter explores conflicts that centre on group sovereignty. In such conflicts, two or more identity-based groups compete for political dominion within a specific territory. We introduce group sovereignty in broad terms as a concept in political and constitutional theory. We also offer some initial suggestions for the design of a deliberative peace referendum to take account of group sovereignty elements in conflict. We contend that this element cannot be ignored or wished away, but must be accommodated—for instance, by means of a rule of ‘concurrent consent’ in the referendum. Such a rule requires a majority vote within each of the distinct groups in conflict. A critical question raised, however, is the degree to which deliberation is feasible when we give group identity (the root cause of many deliberative pathologies) a robust role in the deliberative peace referendum.
Anti-Monopoly Law
Authors: Oda Hiroshi
Published: April 2021

In 2014, the Japanese Anti-Monopoly Law came from the United States. It was dormant for decades until 1990 when the US–Japan SII Talks were completed. Since then, Anti-Monopoly Law was invigorated. The business system in Japan became much more transparent and fairer in the last several decades. Cartels, including bid-rigging, are now under control. In 2014, the Anti-Monopoly Law was substantially amended and its quasi-judicial power was taken away
Purposeful Ecosystem Orchestration
Authors: Remy Sylvain , Kolokotsa Julie , Ondrus Jan , Ouarzazi Yassine El , Glady Nicolas
Published: April 2021

Chapter 7 begins by setting out the nature and importance of corporate purpose. The power and effect of corporate purpose depend on its authenticity and way in which it is specified. Striking a balance between breadth and vision, and specificity and precision determines its relevance and impact. Authenticity involves living the corporate purpose and translating it effectively into corporate actions. It should not be preserved in aspic but instead evolve steadily over time to promote its relevance. The chapter suggests that it is not only the internal organization of a company that should be aligned with its purpose but so too should its external ecosystem. Ecosystems include other businesses, non-profit organizations, local communities, and governments. Ecosystem orchestration ‘redefines a stakeholder’s “stake” in the corporate purpose as a forward-looking opportunity to co-create value, instead of a backward-looking opportunity to capture value created by the corporation on its own.’
Well-Being at Work as Human Capital
Authors: Senik Claudia
Published: April 2021

Chapter 12 turns to human capital. Human capital is typically associated with the stock of skills and experience that an employee accumulates through education and training. However, the chapter refers to it in a broader context of well-being at work. This is affected not just by wages and working hours but also by the degree of hierarchy in an organization, management style, wage differences, prospects for upward mobility, and corporate identity. Alongside hierarchy, status, career progression, and inclusiveness, corporate culture (defined as shared beliefs, understanding, values, goals, and practices) plays a key role in determining well-being at work. The chapter records that it is possible to construct actionable metrics of well-being at work based on these factors that can be used to identify pain points within firms and the actions that are needed to address them.
The Impact of NGO Activism
Authors: Hoepner Andreas G. F. , Li Qian
Published: April 2021

Consumer groups, employee forums, and non-governmental organizations (NGOs) are also increasingly being recognized as powerful influences over corporate activities and Chapter 18 describes the work of NGOs in aligning corporate with social and environmental purposes. Historically, the relationship between corporations and NGOs has been antagonistic. However, increasingly corporations and NGOs are working in partnership to achieve common goals. The role of NGOs in influencing corporate activities is not restricted to such partnerships. They have been adopting activist campaigns to achieve desired outcomes in a form that is not dissimilar to those of institutional investors. These campaigns have often been seen by companies to be shareholder-value destroying but this is by no means always the case and NGO campaigns can be mutually beneficial for firms as well as society. NGOs can bring knowledge of a local community or a technical and legal expertise nature that firms may lack. They execute projects in common with companies, set agendas for various constituencies, exchange complementary knowledge in diverse areas, and provide access to networks.
England Speaks
Authors: Henderson Ailsa
Published: April 2021

Chapter 1 focuses on the campaigns that preceded the 2015 UK general election and the 2016 EU referendum. In part this is because these two electoral events were clearly linked: it was the Conservatives’ unexpected victory in the former that paved the way for the latter. But both campaigns also highlight different aspects of the English nationalism that is discussed in the remainder of the book. In 2015, the Conservative campaign successfully mobilized English suspicion at the prospect of SNP influence over a minority Labour government—a suspicion rooted in a deep sense of English grievance about Scotland’s alleged unfairly privileged position within the union. Only a year later, England was hardly mentioned by the Leave campaign. Yet, as we shall see, in England, its vision of and for Britain appealed overwhelmingly to those with a strong sense of English identity but not, perhaps ironically, to those who feel exclusively or predominantly British.
The English World View
Authors: Henderson Ailsa
Published: April 2021

Linking together the analysis in the previous three chapters, Chapter 5 delineates what we term the ‘English world view’. Our argument is that English attitudes towards England’s place in the union and Britain’s place in the world are underpinned by a distinctive understanding of what constitutes legitimate government. Devolution and European integration offend, in part at least, because they offend against it. There is a clear sense among English identifiers that they no longer live in a state that is interested in them or acts on their behalves. Low levels of efficacy help to explain this world view. We go on to demarcate more clearly those parts of England’s population that hold such views.
Transcriptomic Changes and the Roles of Cannabinoid Receptors and PPARγ in Developmental Toxicities Following Exposure to Δ9-Tetrahydrocannabinol and Cannabidiol
Authors: Pandelides Zacharias , Aluru Neelakanteswar , Thornton Cammi , Watts Haley E , Willett Kristine L
Published: April 2021

Human consumption of cannabinoid-containing products during early life or pregnancy is rising. However, information about the molecular mechanisms involved in early life stage Δ9-tetrahydrocannabinol (THC) and cannabidiol (CBD) toxicities is critically lacking. Here, larval zebrafish (Danio rerio) were used to measure THC- and CBD-mediated changes on transcriptome and the roles of cannabinoid receptors (Cnr) 1 and 2 and peroxisome proliferator activator receptor γ (PPARγ) in developmental toxicities. Transcriptomic profiling of 96-h postfertilization (hpf) cnr+/+ embryos exposed (6 − 96 hpf) to 4 μM THC or 0.5 μM CBD showed differential expression of 904 and 1095 genes for THC and CBD, respectively, with 360 in common. Kyoto Encyclopedia of Genes and Genomes (KEGG) pathways enriched in the THC and CBD datasets included those related to drug, retinol, and steroid metabolism and PPAR signaling. The THC exposure caused increased mortality and deformities (pericardial and yolk sac edemas, reduction in length) in cnr1−/− and cnr2−/− fish compared with cnr+/+ suggesting Cnr receptors are involved in protective pathways. Conversely, the cnr1−/− larvae were more resistant to CBD-induced malformations, mortality, and behavioral alteration implicating Cnr1 in CBD-mediated toxicity. Behavior (decreased distance travelled) was the most sensitive endpoint to THC and CBD exposure. Coexposure to the PPARγ inhibitor GW9662 and CBD in cnr+/+ and cnr2−/− strains caused more adverse outcomes compared with CBD alone, but not in the cnr1−/− fish, suggesting that PPARγ plays a role in CBD metabolism downstream of Cnr1. Collectively, PPARγ, Cnr1, and Cnr2 play important roles in the developmental toxicity of cannabinoids with Cnr1 being the most critical.
Associations of sleep and female sexual function: good sleep quality matters
Authors: Kling Juliana M. , Kapoor Ekta , Mara Kristin , Faubion Stephanie S.
Published: April 2021

Objective:

To evaluate associations between sleep and female sexual function.

Methods:

A cross-sectional analysis from the Data Registry on Experiences of Aging, Menopause and Sexuality (DREAMS) was performed using questionnaires in women presenting for menopause or sexual health consult at Mayo Clinic from December, 2016 to September, 2019. Female Sexual Function Index (FSFI), Female Sexual Distress Scale-Revised (FSDS-R), and the Pittsburgh Sleep Quality Index (PSQI) assessed sexual function and sleep parameters, respectively. Associations between sleep quality (PSQI score ≥ 5 poor sleep quality), sleep durations (< 5 h, 5-6 h, 6-7 h, > 7 h) and female sexual dysfunction (FSFI ≤ 26.55 and FSDS-R ≥ 11) were evaluated utilizing a multivariable logistic model adjusting for multiple factors. A secondary analysis evaluated sleep quality by sexual activity and also included sexually inactive women.

Results:

A total of 3,433 women were included (mean age 53). Sexually active women (N = 2,487; 72.4%) were included in the primary analysis; 75% had poor sleep quality, and 54% met criteria for female sexual dysfunction. On multivariable analysis, women with poor sleep quality were 1.48 times more likely to report female sexual dysfunction (95% CI 1.21-1.80, P < 0.001). Of women who reported sleeping < 5 hours nightly, 63.3% had female sexual dysfunction, and their Female Sexual Function Index total and domain scores were significantly lower than women sleeping > 7 hours nightly (P = 0.004); however, this was not statistically significant in multivariable analysis. Sexually active women were more likely to report good sleep quality compared with sexually inactive women (25.3% vs 20.5%, P = 0.003).

Conclusions:

Poor sleep quality, but not sleep duration, was associated with greater odds of female sexual dysfunction. Good sleep quality was linked to sexual activity. In addition to its myriad effects on health, poor sleep quality is associated with female sexual dysfunction.

Video Summary:
http://links.lww.com/MENO/A714.