bluuebunny/crossref_metadata_2025_split huggingface dataset:
Adaptation Genomics in Urban Environments
Authors: Perrier Charles , Caizergues Aude , Charmantier Anne 
Published: June 2020

AbstractThe field of urban ecology has provided many fascinating examples of organisms that display novel biological features in urban environments compared to natural habitats. Quantitative genetics provides a framework that can be used to investigate whether this phenotypic differentiation between urban and natural habitats is adaptive and is the result of heritable changes in response to divergent selection. New generation sequencing tools offer unique opportunities to expand our understanding of the genes and genetic mechanisms implicated in evolution in urban environments. This chapter first reviews quantitative genetics studies investigating the mechanisms of evolution in the city. It then reviews pioneering genomic studies that have shed light on the genes and genetic mechanisms implicated in urban microevolution. The authors discuss how further use of cost-effective high-resolution genomic approaches may improve the comprehension of both genomic and epigenomic mechanisms implicated in such evolution. Finally, the chapter provides an overview of how the integrated use of quantitative genetics, field experiments, and genomics could expand our knowledge of the processes leading to urban evolution.
Adaptive Evolution of Plant Life History in Urban Environments
Authors: Gorton Amanda J. , Burghardt Liana T. , Tiffin Peter 
Published: June 2020

AbstractMany of the environmental factors that shape selection on plant life-history traits, including temperature, water availability, growing-season length, nutrient availability, and biotic community, differ between urban and rural environments, as well as within urban environments. Therefore, we might expect that plant life-history traits are of central importance to plant adaptation to urban environments. While the study of adaptive evolution of plant life-history traits in urban environments is in its early stages, those studies that have been conducted provide clear evidence for adaptive divergence between urban and rural plant populations in plant life-history traits related to phenology, fecundity, and dispersal. This chapter reviews the existing studies that provide a foundation for understanding the adaptation of plant life histories in urban environments, and also point to directions of potentially fruitful further research.
Who We Are, What We Do, and How Many of Us?
Authors: Richter Klaus 
Published: June 2020

Abstract
The chapter shows how territorial fragmentation interacted with displacement to create hitherto unimaginable forms of population policies. It explores the constellation of expulsion, border changes, and repatriation policies and its impact on the self-perception of state-builders, majorities, and minorities, whom the war had left demographically as well as socially thoroughly transformed. The chapter concludes that the interaction of displacement and territorial fragmentation opened up spaces for policies of national empowerment as population was turned into a variable that could be engineered through mobility and citizenship policies. The experience of responses to wartime displacement served as a blueprint for the targeted population policies of the 1920s. The chapter also shows how these policies interacted with the League of Nation’s minority-protection regime, which rested on the assumption that minorities first and foremost had to prove loyalty to ‘their’ states.
Awakening the Hinterland
Authors: Richter Klaus 
Published: June 2020

Abstract
This chapter traces how the ripple-like effects of territorial fragmentation entirely reconfigured the relationship of Baltic Sea ports with one another and with their respective hinterlands. Whereas many localities across Europe declined as a consequence of the disruption of established trade networks, some, such as the Polish port of Gdynia, experienced an astonishing boom, and others, such as Kaunas and Danzig, were thoroughly transformed. Here one group’s loss was the other group’s gain. The chapter explores how liberals on the one hand and supporters of ‘statism’ on the other negotiated highly specific, state-centred national economies based on cooperative systems that worked almost exclusively through members of the titular nations. It argues that both the construction of Gdynia and the annexation of Klaipėda were crucial and successful components in strategies of what was deemed an ‘emancipation of foreign trade’.
Conclusion
Authors: Richter Klaus 
Published: June 2020

Abstract
The conclusion provides an outlook on the role of authoritarian coups and of policies designed to respond to the challenges of the Global Depression in consolidating fragmentation. It argues that the economic, scientific, and social developments outlined in the previous chapters culminated in policies that fully rejected the international project of the pre-war liberal order’s recovery. The catastrophic impact of the Great Depression on East Central Europe made it easier for German revisionists to emphasize the alleged failure of Polish and Baltic projects to integrate their territories. The chapter concludes that interwar political responses to the challenges of fragmentation yielded two seemingly contradictory results: they consolidated East Central Europe’s territorial order at a structural level, but the high frequency of status changes meant that further changes always remained a possibility. The chapter ends with an outlook on the legacy of interwar fragmentation for post-Cold War East Central Europe.
The New Free Movement Architecture
Authors: Zglinski Jan 
Published: June 2020

Abstract
This chapter provides a conceptual analysis of judicial deference in free movement law. It argues that the reason for the growing relevance of deference in free movement cases is rooted in a shift in focus away from the scope of rights towards justification and proportionality. The European Court of Justice has created two deference doctrines: the margin of appreciation and decentralized judicial review. While the margin of appreciation doctrine is employed to pass certain regulatory decisions over to national legislatures and executives, decentralized judicial review is used to delegate responsibilities connected with free movement review to national courts. Both deference techniques represent a departure from the Cassis de Dijon approach, which has, for a long time, defined large parts of free movement adjudication, and have significant institutional consequences.
Proportionality and Its Discontents
Authors: Zglinski Jan 
Published: June 2020

Abstract
This chapter focuses on one element of judicial review which is particularly affected by deference: proportionality analysis. It argues that the connection between proportionality and deference is not accidental. Constitutional scholarship has overly focused on the benefits of proportionality analysis for judges. Yet, the test equally creates a series of duties which can become a burden, a burden which courts will try to reduce by resorting to deference techniques. The chapter offers a historical, theoretical, comparative and empirical argument in support of this thesis. It traces the development of proportionality in EU law and compares it with the American ‘standards of review’ model. An empirical analysis of free movement case law reveals that the more frequently the European Court of Justice applies proportionality, the more frequently it opts for deferential forms of scrutiny.
The Diverse Objects of Public Law
Authors: Walker Neil 
Published: June 2020

Abstract
This chapter investigates the significance of legal theory for understanding the role of law in the European Union. It does so by comparing and evaluating which theoretical approach, or approaches, generates the best conception of the role of law in articulating a vision of the world’s first supranational polity. The key candidate conceptions are supplied by positivism, idealism, culturalism, and pragmatism. For the positivist, the focus is on ‘the authorised law’; for the idealist, ‘the good law’; for the culturalist, ‘the appropriate law’; and for the pragmatist, ‘the law that works’. Whereas EU law lacks the direct democratic resources, the plausible claim to universalism, and the sense of common cultural identity to support robust versions of positivism, idealism, and culturalism respectively, its investment in the security and versatility of law in providing positive-sum policy outputs has supported instead a primarily pragmatic vison of law’s legitimacy. The chapter concludes by examining the fragility of excessive dependence on the pragmatic model of law in a political environment where the various crises of the European Union increasingly undermine even modest levels of secondary reliance on positivist, idealist, and culturalist justifications.
Law and the Point of the State
Authors: Barber NW 
Published: June 2020

Abstract
Do states have a defining point and, if so, does the identification of this point have any implications for public law? This chapter argues that the state’s purpose is the advancement of the well-being of its members. This claim can be understood in three, complementary, senses. First, the state’s purpose may be found in the reasons for its flourishing and persistence. Second, the state’s purpose is found in its capacities and the reasons we have for creating an institution with these capacities. Third, the state’s purpose may be instantiated in a rule of that institution: state constitutions necessarily include a rule identifying the pursuit of its members’ well-being as their goal. Public law, as part of the law of the state, should be oriented towards enabling the state to achieve this end. In particular, there is a tight connection to be drawn between public law and citizenship.
How Judges Make Law
Authors: Endicott Timothy 
Published: June 2020

Abstract
Unlike statute law, case law is not ordinarily made through actions designed to make law. The central purpose of a court is resolution; the court achieves it by giving judgment in a particular case. For judges to make law well, it is enough if they do well at their primary task of giving a ruling in the case. They make law incidentally because of the effect the law gives to their rulings. That feature of case law, along with its open-endedness and revisability, seems to support the view that it is not law at all, or that if it is law, law must be something that springs from the imagination of the judge. This chapter explains why these aspects of judicial law-making accord with the view that case law, like statute law, is a set of rules made valid by their sources in past decisions.
The Province of Delegated Legislation
Authors: King Jeff 
Published: June 2020

Abstract
Delegated legislation is produced by the executive branch of government, usually under powers conferred by legislatures. Such powers have provoked controversy in most contemporary democracies. There is a widely perceived need to bolster the democratic legitimacy of law produced in this way, either through greater legislative oversight or enhanced participation, or both. This chapter explores how the organically evolved UK constitution has struggled to meet this challenge since the outset of the twentieth century. It examines how the powers to adopt delegated legislation arose, the constitutional tensions it produced, and how that prehistory relates to the dramatic resort to such powers in recent legislation adopted to facilitate the UK’s departure from the European Union. More specifically, it surveys the experience of making and laying delegated legislation before Parliament, and the track record of parliamentary scrutiny, before considering how that background may play an important role in how Brexit-related delegated legislation may fare in legal challenges in the coming years.
Law, Democracy, and the Absent Legislator
Authors: Sales Philip 
Published: June 2020

Abstract
This chapter comments on the chapters by Eleanor Sharpston and Jeff King, arguing that in different ways they illustrate responses to an underlying problem, when the legislator is not available and on hand to resolve uncertainties or to provide new normative content to address issues which arise. The more absent the legislator, the more courts may feel they have to be active in generating normative content themselves. This is a perspective which helps explain the activity of the Court of Justice of the European Union. The more absent the legislator, the more a legal system has to provide for forms of delegated legislation. This perspective may be relevant in assessing legislative responses to Brexit.
The Open Road?
Authors: Fisher Elizabeth 
Published: June 2020

Abstract
Administrative law has struggled to be what it axiomatically should be—the law of public administration. In this chapter I examine two ‘administrative moments’ in the history of Anglo-American administrative law—the Committee on Ministers’ Powers Report published in 1932 in the United Kingdom and the Attorney General Committee’s Report on Administrative Procedure 1941 in the United States—to show why this is the case. While both were partly instigated by an appreciation of the need to forge a body of law grounded on an understanding of public administration, neither resulted in that. My argument is that this was because they never surmounted three structural challenges inherent in developing administrative law: engaging with diverse administrative material and institutions; fostering administrative law expertise; and not being tempted into understanding the legal reasoning inherent in administrative law as a battle between competing ideologies.
The Administrative State and the Fundamentals of Public Law
Authors: Davies ACL 
Published: June 2020

Abstract
This chapter uses recent developments in the UK National Health Service (NHS) as a case study to illustrate the importance of the courts’ role in upholding the principle of legality. The Health and Social Care Act 2012 was a controversial piece of legislation which sought to ensure that the day-to-day running of the NHS would be underpinned by a competitive market. Since the Act was passed, this policy has fallen out of favour, and ministers have pursued a new policy of ‘integrated care’, in which different NHS organisations are encouraged to work together rather than to compete. In the Hutchinson and Shepherd cases, the courts have held that it is intra vires the 2012 Act to pursue integrated care, even though it is arguably the exact opposite of a competitive market. This chapter offers a critical analysis of these cases and emphasises the importance of the administrative law principle of legality in upholding democratic government.
Process and Procedure in a Disordered State
Authors: Freedland Mark 
Published: June 2020

Abstract
The chapter considers the process and procedure of the administrative state at the constitutional level as well as at the administrative one. It thus moves from the plane of administrative law to that of public law. First, it argues that, with regard to the role of controls based on process and procedure, we can discern a movement from the judicial review-centred vision of administrative law to a more multisourced and polycentric conception of public law itself. Second, it advances the suggestion that the discussion of the processes and procedures of the administrative state moves into a different dimension in times of major political crisis such as the one currently being experienced in the United Kingdom. In that dimension, it is contended that the Brexit crisis has posed threats to the rule of law in the United Kingdom, and to the sustainability of the governance of the United Kingdom, of such magnitude as to necessitate a recognition that the state has become fundamentally disordered. Radical responses to this abnormality are required in respect of the processes and procedures which public law imposes upon the three branches of government. The chapter concludes by considering the role of public law scholars in devising and putting forward such responses. It is suggested that Professor Paul Craig has been playing and will continue to play a crucial part in the acceptance and discharge of this grave responsibility.
The Al Mahdi CaseFrom Punishing Perpetrators to Repairing Cultural Heritage Harm
Authors: Wierczyńska Karolina , Jakubowski Andrzej 
Published: June 2020

Abstract
This chapter examines the ongoing process of consolidating international criminal law regimes for counteracting cultural heritage crimes, with particular focus on reparations for cultural harm. It begins with a wider panorama of international criminal law and jurisprudence in relation to cultural heritage crimes. This background outlines the limited provisions of the Rome Statute and offers some critical observations in relation to the evolving system of individual criminal responsibility for cultural heritage crimes. Second, it scrutinizes the approach taken by the International Criminal Court (ICC) in convicting Al Mahdi for the crime of intentionally directing attacks against buildings dedicated to religion and/or historical monuments. Third, this chapter considers the issue of remedies and reparations for cultural harm suffered in light of the relevant provisions of the Rome State and the practice of international human rights bodies. Next, it analyzes the approach taken by the ICC in Al Mahdi regarding the methodology of determining reparations for the international destruction of cultural heritage. This chapter also analyzes the possible reconsideration of the crime of deliberate attacks against protected cultural sites going beyond the notion and scope of war crime.
The Right to Erasure in EU Data Protection Law
Authors: Ausloos Jef 
Published: June 2020

Abstract
This book critically investigates the role of data subject rights in countering information and power asymmetries online. It aims at dissecting ‘data subject empowerment’ in the information society through the lens of the right to erasure (‘right to be forgotten’) in Article 17 of the General Data Protection Regulation (GDPR). In doing so, it provides an extensive analysis of the interaction between the GDPR and the fundamental right to data protection in Article 8 of the Charter of Fundamental Rights of the EU (Charter), how data subject rights affect fair balancing of fundamental rights, and what the practical challenges are to effective data subject rights. The book starts with exploring the data-driven asymmetries that characterize individuals’ relationship with tech giants. These commercial entities increasingly anticipate and govern how people interact with each other and the world around them, affecting core values such as individual autonomy, dignity, and freedom. The book explores how data protection law, and data subject rights in particular, enable resisting, breaking down or at the very least critically engaging with these asymmetric relationships. It concludes that despite substantial legal and practical hurdles, the GDPR’s right to erasure does play a meaningful role in furthering the fundamental right to data protection (Art 8 Charter) in the face of power asymmetries online.
Introduction
Authors: Ausloos Jef 
Published: June 2020

Abstract
Chapter 1 sets the scene for this book. It does so by charting some of the main technological and economic trends underlying today's information-driven power asymmetries and individuals' loss of control over (personal) data. This is made concrete in four real-word vignettes (on Uber, Facebook, Google and Apple), each highlighting different problematic facets and featuring throughout the rest of the book. The Chapter ends with providing a roadmap for the book as a whole, explaining the central themes and questions and how they relate to one another.
Foundations of Data Protection Law
Authors: Ausloos Jef 
Published: June 2020

Abstract
Chapter 2 lays the groundwork for the rest of the book, clearly delineating the fundamental right to data protection, its relation to the GDPR, and the right to erasure in it. The historical overview demonstrates that the emergence of data protection is inherently tied to technological developments and how these may amplify power asymmetries. It is also made clear that informational self-determination or control over personal data lies at the heart of the fundamental right to data protection as proclaimed in Article 8 Charter. This is a clear difference with the GDPR that has a much wider prerogative, ie protecting all fundamental rights and freedoms whenever personal data is being processed. Put differently, whereas Article 8 Charter safeguards a minimum level of control over one’s personal data, the GDPR installs a fair balancing framework that safeguards any and all fundamental rights and freedoms as they are affected by the processing of personal data. The substantive provisions of the GDPR can be divided into four categories along the lines of ex ante v ex post and protective v empowerment measures (see data protection matrix). This chapter ends with positioning the right to erasure within the GDPR’s arsenal of ex post empowerment measures, describing its legislative history as well as its main benefits and drawbacks.
Scope of the Right to Erasure
Authors: Ausloos Jef 
Published: June 2020

Abstract
Having laid the foundation of data protection empowerment in Chapter 2, this chapter zooms in on the GDPR’s scope of application in particular. It examines the territorial, material, and personal scope respectively, with a focus on the latter two because of their particular relevance in light of the book’s overall focus. What becomes very clear is how malleable and dynamic the nature of (personal) data is, something which will prove to be important with regard to making the right to erasure work in practice. This chapter also fleshes out the concept of controller, particularly in the context of information society services (ISS) with many different actors involved in processing the same personal data. It appears that from data subjects’ perspective, ISS providers will practically always be approachable with a right to erasure/object, even if not ultimately responsible or liable. Chapter 3 ends with describing four key derogations and exemptions in the GDPR, which may effectively lead to the inapplicability of the right to erasure. What appears from this chapter overall, is the importance of a granular and functional approach when determining the GDPR’s scope of application. This is all the more important in light of the growing complexity of the ecosystem, with many moving elements.
Conditions of the Right to Erasure
Authors: Ausloos Jef 
Published: June 2020

Abstract
This chapter zooms in on Article 17 GDPR, on the right to erasure (‘right to be forgotten’). It meticulously dissects the three paragraphs of this provision. The first paragraph lists six rights-to-erasure triggers which can be summarized as: (a) purpose expiration; (b) withdrawal of consent; (c) right to object; (d) unlawful processing; (e) legal obligation; and (f) withdrawal of consent by minors in the online environment. The second paragraph comprises an odd extension of the right to erasure, enabling data subjects to request that controllers who have made the personal data public, communicate potential erasure to anyone else processing that same personal data. The third paragraph lists five exemptions to the right to erasure, summarized as: (a) freedom of expression and information; (b) legal obligation or task carried out in the public interest or official authority; (c) public interest in the area of public health; (d) public interest archiving, scientific and historical research, or statistical purposes; and (e) legal claims. What becomes clear right away is how both the right-to-erasure’s triggers and exemptions all refer to other legal provisions in and outside the GDPR. As such, the right to erasure can be seen as a central hub in the GDPR, bringing together key data protection principles from the perspective of data subject empowerment.