bluuebunny/crossref_metadata_2025_split huggingface dataset:
Theorizing Adaptation in the Twentieth Century
Authors: Elliott Kamilla 
Published: June 2020

AbstractChapter 3 discusses how, just as new copyright laws were legitimizing intermedial adaptations, modernist theories drastically diminished the theoretical fortunes of adaptation with their rejection of the past and celebration of the new. Modernism shattered adaptation into allusions: studying allusions as adaptations would indubitably help to restore the theoretical fortunes of adaptation under modernism. Modernism’s hostility to mass culture was often aimed at adaptation: even theorists valorizing other popular cultural forms opposed it. Requiring film to dissociate from other art forms in order to emerge as an art in its own right, rather than as a craft or a recording device for other arts, medium specificity theory undermined adaptation in literature-and-film studies. Affecting all kinds of adaptation, the formalist turn diminished the theoretical fortunes of adaptation by rejecting the cultural theories that had valorized adaptation in prior centuries. Joined to medium specificity theories and structuralist semiotics, intermedial adaptation became not only aesthetically undesirable but also theoretically impossible under theories that content cannot separate from form to appear in another medium. With the advent of the theoretical turn in the humanities, adaptation became a battleground upon which theoretical wars were fought, battles that, paradoxically, foregrounded it. By the 1990s, adaptation was becoming an established, if divided, diasporic field, engaging a panoply of theories.
Conclusion
Authors: Elliott Kamilla 
Published: June 2020

AbstractThe Conclusion revisits and reviews the central findings of this book’s history, theory, and rhetoric of theorizing adaptation in the humanities. The history section has described and explicated adaptation’s rising, falling, and equivocal fortunes under humanities theorization. The theory section has pondered general dynamics between humanities adaptation and theorization, finding that theorization’s relationship to adaptation has been a hierarchical one that seeks to subject adaptation to its laws. Yet adaptation is a rival process akin to, and yet opposed to, theorization, one that exceeds and resists theorization’s definitions, taxonomies, principles, epistemologies, and methodologies. The rhetoric section suggests figurative rhetoric as a way of breaking out of theoretical binds, resolving theoretical impasses, and opening up new ways to think about adaptation and new methodologies to study it, as well as to develop a shared discourse that can encompass different fields, disciplines, nations, eras, theories, epistemologies, and methodologies.
Brain Science under the Swastika
Authors: Zeidman Lawrence A. 
Published: June 2020

Abstract
Eighty years ago the greatest mass murder of human beings of all time occurred in Nazi occupied Europe. This began with the mass extermination of patients with neurologic and psychiatric disorders that rendered them “useless eaters” to Hitler’s regime. The neuropsychiatric profession was systematically “cleansed” beginning in 1933, but racism and eugenics had infiltrated the specialty in the decades before that. With the installation of Nazi-principled neuroscientists, mass forced sterilization was enacted, which slowed down by the start of World War II and the advent of patient murder. But the murder of roughly 275,000 patients by the end of the war was not enough. The patients’ brains and neurologic body parts were stored and used in scientific publications both during and long after the war. Also, patients themselves were used in unethical ways for epilepsy and multiple sclerosis experiments. Relatively few neuroscientists resisted the Nazis, with some success in the occupied countries. Most neuroscientists involved in unethical actions continued their careers unscathed after the war. Few answered for their actions in a professional or criminal sense, and few repented. The legacy of such a depraved era in the history of neuroscience and medical ethics is that codes exist by which patients and research subjects are protected from harm. But this protection is possibly subject to political extremes and only by understanding the horrible past can our profession police itself. Individual neuroscientists can protect patients and colleagues if they are aware of the dangers of a utilitarian, unethical, and uncompassionate mindset.
Conclusions
Authors: Bove Vincenzo , Ruffa Chiara , Ruggeri Andrea 
Published: June 2020

Abstract
This chapter summarizes the mains findings of the book: diversity matters and affects peacekeeping effectiveness. These results have important policy implications and can be clustered around two core points. First, diversity of Blue Helmets and diversity of top leadership may increase peacekeeping effectiveness. Second, and at the same time, the effects of diversity are contextual and contingent. In fact, looking at the relation between peacekeepers and Force Commanders, proximity between them is generally associated with better performances. Further, homogeneity between local populations and peacekeepers, or low distance between them, is also related to low levels of hostility and casualties. The chapter reflects upon the policy implications, particularly the need to manage diversity to minimize instances of coordination problems and misunderstandings. It finally outlines avenues for future research.
Discretionary Justice
Authors: Webb Charlie 
Published: June 2020

Abstract
This chapter asks whether equity’s distinctive role is to do equity in the Aristotelian sense of doing justice where law—by virtue of its generality—would do an injustice, and concludes it is not. Some paradigmatic cases of equity’s interventions are not corrections for the generality of a rule, but rather for its being simply a bad rule. However, there is no reason to say that the techniques used by equity could not have been adopted by the common law. Moreover, a case can be made that the common law tradition is especially unneedful of a distinct equitable jurisdiction, owing to the central role played by judge-made law. Nonetheless, when later judges clarify implicit rules by distinguishing present cases, this might be seen as a kind of equitable exercise. But, again, this is not unique to equity but is something one finds across the common law. Thus, if there is something distinctive about equity, it will be found in its substantive principles rather than its corrective function.
Pathways to Legal Rights
Authors: Katz Larissa 
Published: June 2020

Abstract
In this chapter, I develop a new account of what is distinctively ‘equitable’ about equitable rights. On this account, equity as an institution regulates the pathways to legal rights. A person who is on a completeable but as yet incomplete path to acquire legal rights is vulnerable to interruption triggering the forfeiture of her position. Courts of equity fulfill the role of the state to preserve the integrity of the legal order by regulating the pathways to rights. This account explains and unifies equity’s traditional domain—the cluster of doctrines and principles that originated in the courts of equity. It also provides the lens through which to understand equity’s concern with a special kind of injustice where a person suffers an interruption along the way to private rights.
Form and Substance in the Fusion of Law and Equity
Authors: Bray Samuel L 
Published: June 2020

Abstract
This chapter addresses the contemporary relevance of equity through the lens of translation. Drawing on John Dryden’s account of the varieties of translation as well as on modern theories of translation, this chapter shows how disagreements over the fusion of law and equity often appear to be about the past versus the present when they are really about whether to follow only the substance of equity or also its form. Distinguishing two axes of translation produces a typology of approaches to equity, which then allows one to recognize that virtually all approaches to equity fall in the middle between the poles of literal tracking of the original on the one hand and loose re-creation on the other. Ultimately, thinking of equity in terms of translation expands the possibilities for equity’s future.
Equitable Correction of Law
Authors: Sherwin Emily 
Published: June 2020

Abstract
This chapter highlights how equity can coexist with a system of well-crafted rules and shows how American legal realism has impeded equity from correcting the law in its traditional fashion. The baseline is ‘good’ rules, which are those that produce better results by being followed across the board. Yet even good rules will sometimes lead to bad results. If, at the point of application, a decision maker is empowered to deviate from the rule, rules’ coordination benefits can quickly dissipate. Such undermining of the rules of the common law is one of the dangers of equity, which can be seen as having been dampened at one time by the less-than-overt operation of equity when it was separate from law. With the rise of American legal realism towards the end of the process of fusing law and equity, courts and commentators became more sceptical about rules and averse to less-than-transparent legal doctrine, and so equity could no longer limit itself to correcting the law without doing undue damage.
What Can ‘Equity’s Darling’ Tell Us about Equity?
Authors: Nair Aruna , Samet Irit 
Published: June 2020

Abstract
This chapter looks at the unique character of equity’s contribution to property law, demonstrating how the central concept of conscience shapes both the content and structure of equitable rights to assets. It examines conflicts between an owner of assets, a purported purchaser of those assets under an unauthorized transfer, and the community that has a stake in the outcome of the dispute. At common law, even an innocent and cautious purchaser cannot defeat a legal owner’s title—with a few limited well-defined policy-driven exceptions—whereas equity allows a purchaser with a clean conscience to defeat even the neediest beneficiary. The central explanatory principle which underlies the choices made by equity is the battle against unconscionability that reflects its distinctive nature as a body of law that is highly responsive to interpersonal morality. However, the flexibility that typifies Equitable doctrines allows it to go beyond justice as between the parties and appeal also to aspects of communal justice. The chapter explores how considerations of distributive justice, need, desert, and efficiency play out in such conflicts when the property is held on trust.
From Riggs v Palmer to Shelley v Kraemer
Authors: Goldberg John CP , Zipursky Benjamin C 
Published: June 2020

Abstract
This chapter presents further insight into the way in which equity adjusts legal liability to fit better with considerations of justice and morality. It highlights the function of the equitable jurisdiction as providing discretionary relief to persons who suffer serious injustices by virtue of the operation of legal rules. The discussion is set within the framework of the chapter’s claim that private law affords those who have suffered wrongs such as torts or breaches of contract ‘recourse’. Recourse consists of courts validating claims for damages and other relief to which claimants are entitled as a matter of right. In contrast, claimants seeking to benefit from the exercise of a court’s equitable powers, because they claim on the basis of justice or moral right rather than legal rights strictly speaking, can only expect a discretionary form of relief that is often issued through the issuance of command-like orders. The chapter then argues that equity is at the core of landmark judicial opinions issued in cases that are not traditionally categorized as cases ‘in equity’, including Riggs v Palmer and Shelley v Kraemer.
Some Varieties of Consent in Equity
Authors: Degeling Simone 
Published: June 2020

Abstract
This chapter studies the role of equity in preserving the autonomy of vulnerable members of the community. It focuses on the equitable domains of trusts, fiduciary relationships, undue influence, and unconscionability, where an imbalance of power exists in which one party has only limited or bounded ability to make decisions. Equity takes great care to protect the independence aspect of autonomous decision, but is less concerned about the availability of choice between meaningful options. A party will be deemed by equity as consenting if their agreement is anchored in freedom and information. Thus, great care is taken by the Courts of Chancery to ensure that no impediment to the exercise of the claimant's will was present in the circumstance. In addition, relevant information must be provided, and at times nothing less than independent advice from a third party would satisfy this requirement. Equity thus conscripts its particularistic nature to offer strong protection for two elements that are crucial for autonomous decision-making: freedom from coercion and information.
Cities of David
Authors: Melman Billie 
Published: June 2020

Abstract
Chapter 3 explores the search, during the 1920s, for the origins of David’s city and a monotheistic Jerusalem. It recovers international, metropolitan, and local mandate initiatives for verifying the location of Jerusalem’s oldest part, Mount Ophel, known as the City of David, by considering the activities of the Anglo-American press, organizations such as the Palestine Exploration Fund (PEF), and Palestine’s antiquities administration. It also considers the effect of the excavations on the mount on local landholders and owners. The chapter relates the excavations to mandate policies in regard to town planning (which reached its vogue during the interwar period), and to the visions of British urban planners and designers, like William McLean, Charles Robert Ashbee, and Patrick Geddes, administrators such as Ronald Storrs, Jerusalem’s military governor, and archaeologists. It examines how they sought to integrate the city’s antiquities and archaeological remains and their notion of a walled city into a vision of its modernization. The chapter recoups the early limited attempts to excavate the Davidic city and discusses the complex negotiation over access to Ophel and other historical monuments, between the mandate authorities, archaeologists and their institutions, and local landholders who cultivated the excavation sites. The negotiation and disputes about who owned land were also clashes over the worth and value of antiquity.
Princely Reading or a Wanton Book?
Authors: Moore Helen 
Published: June 2020

Abstract
In sixteenth-century England Amadis was known to elite readers primarily through the French version published in the 1540s. A wider audience gained access at the end of the century, with the first English translations by Anthony Munday of book I (1590) and book II (1595), and the anonymous book V (1598). In this period Amadis was both applauded as the reading of ‘mighty potentates’ and condemned as a ‘wanton’ book, full of extreme fabulations. This dichotomy structures the chapter, which begins by examining Amadis as the favourite book of the Spanish and French courts, lauded as a repository of eloquence and a book of fine love. Amadis features widely in English poetry, fiction, and drama of this period, for example in the works of Sidney, Spenser, and Greene, as an exemplar of romance reading.
Amadis as Spectacle and Source
Authors: Moore Helen 
Published: June 2020

Abstract
The reception of Amadis changes in the eighteenth century, with a play (Granville’s The British Enchanters (1706) ) and an opera (Handel’s Amadigi di Gaula (1715) ) presenting the romance for theatrical consumption and emphasizing its overt spectacularism in a revivified Amadisian aesthetic. In a parallel development, Amadis was mined by Shakespearean editors, Hispanists, and literary historians such as Isaac Reed, John Bowle, and Thomas Warton as indicative of early modern taste and a means of elucidating the works of Cervantes and Shakespeare. The chapter closes with an account of the ‘spectral’ relationship of Amadis to early Gothic fiction, arguing that the ‘ancient romances’ invoked in the preface to the second edition of Walpole’s The Castle of Otranto (1765) are none other than the libros de caballerías, and showing how Lewis’s The Monk (1796) takes the traditions of peninsular ‘fancy’ in an entirely new direction.
Landscape Genetic Approaches to Understanding Movement and Gene Flow in Cities
Authors: Munshi-South Jason , Richardson Jonathan L. 
Published: June 2020

Abstract
Cities are home to a continuum of species that range from those specially adapted to exploit urban habitats, to others passing through as transient dispersers. Urbanization often has a profound impact on the movement and gene flow of these species. Compared to natural landscapes, urban environments are complex matrices of roads, buildings, bare soil, slopes, green space, and subterranean infrastructure. Urban neighbourhoods also vary greatly in their socioeconomic and cultural characteristics. This heterogeneity can lead to complex movement patterns in wildlife that are difficult or impossible to characterize using direct tracking methods. Population genetic analyses provide powerful approaches to evaluate spatial patterns of genetic variation and even signatures of adaptive evolution across the genome. When analysed with landscape, environmental, and socioeconomic data, genetic approaches may also identify which features of urban habitats impede or facilitate gene flow. These landscape genetic approaches, when paired with high-resolution sampling and replicated studies across multiple cities, identify dynamic processes that underpin wildlife movement in cities. This chapter reviews the use of spatially explicit genetic approaches in understanding urban wildlife movement, and highlights the many insights gained from rodents in particular as models for urban landscape genetics.
The Evolutionary Ecology of Mutualisms in Urban Landscapes
Authors: Irwin Rebecca E. , Youngsteadt Elsa , Warren Paige S. , Bronstein Judith L. 
Published: June 2020

Abstract
Mutualisms are critically important in maintaining the biodiversity and functioning of ecosystems. Mutualisms include a diverse array of interactions that result in reciprocal positive effects for both partners, including plant–pollinator, plant–seed disperser, and plant–rhizobia interactions. There is growing recognition that global environmental change can affect the ecological outcomes of mutualisms, but less attention has been paid to how urbanization in particular affects their evolution. This chapter builds from an ecological perspective and considers how urban landscapes may affect the evolutionary ecology of mutualism. It reviews the adaptive evolutionary processes that could affect mutualism in urban landscapes. It then surveys transportation, protection, and nutritional mutualisms to assess how urbanization may affect these mutualistic interactions in an evolutionary framework. The survey described in the chapter highlights a dearth of empirical and theoretical investigations on urban mutualisms from an evolutionary perspective despite potentially strong changes in selection pressures in urban areas. The chapter ends by outlining research directions to further the study of the evolutionary ecology of mutualisms in urban landscapes.
Terrestrial Locomotor Evolution in Urban Environments
Authors: Winchell Kristin M. , Battles Andrew C. , Moore Talia Y. 
Published: June 2020

AbstractThe structural habitat of terrestrial urban environments can differ drastically from environments less impacted by human activities. Whether or not urban species use anthropogenic structures, they are subject to novel selection pressures to effectively locomote. Urban environments are distinctly more open than non-urban habitats, they offer few refuges, and habitat space is patchy with clustered perches. Animals must either change their behaviour to use only natural substrates or contend with manufactured substrates. Arboreal species are particularly impacted because the anthropogenic structures with which they interact, even if infrequently, differ from trees in structural, material, and surface properties. The chapter explores potential adaptive responses to the spatial structure and properties of climbing substrates in urban environments relevant to terrestrial and climbing locomotion. For each, the authors first discuss differences between urban and non-urban terrestrial habitats relevant to locomotion. They then discuss how these differences influence behaviour and locomotor demands, providing a mechanism through which natural selection shapes morphology. Lastly, they discuss the morphological traits most likely to be impacted by these altered demands and predict how natural selection may affect these traits in urban environments based on biomechanical principles. As there have been very few studies investigating urban morphological adaptation related to locomotion, the chapter draws on trait–environment relationships in natural environments. The discussion provides a starting point for developing rigorous hypotheses about functionally relevant trait shifts in urban environments and future directions for investigating locomotor adaptations in urban species.
Selection on Humans in Cities
Authors: Milot Emmanuel , Stearns Stephen C. 
Published: June 2020

AbstractAs shown throughout this book, urbanization moulds evolutionary processes in many biological systems. But what are its effects on the species that is itself the cause of this radical habitat modification? At least two major cultural transitions in history have involved urbanization: the transition to agriculture, and the continuing transition to modernity. Humans both endure and create the selective pressures associated with urbanization, a process of niche construction with complex evolutionary consequences. Urbanization modifies extrinsic mortality, nutrition, hygiene, demography, the toxicity of air, our microbiota, social interactions, and other factors known to shape selection on morphological, physiological, immunological, life-history, and behavioural traits. Today more than half of humanity lives in cities and is exposed to this new evolutionary context. This chapter presents the elements needed to understand the evolutionary potential of humans living in cities, focusing on traits affecting health. Urbanization can alter the expression of tradeoffs and the selection on traits in ways that change the prevalence of both infectious and non-communicable diseases. The chapter identifies several challenges for research. These include the difficulty of separating the effects of urbanization per se from those of modernization in general, and the need to better integrate eco-evolutionary feedbacks, culture, and learning into microevolutionary models to understand how urban life modifies selection on health. Finally, the chapter discusses why the application to humans of gene editing technologies, such as CRISPR-Cas9, is likely to interact with natural selection, an issue deserving closer attention from evolutionary biologists.
Decentralized Judicial Review
Authors: Zglinski Jan 
Published: June 2020

Abstract
This chapter explores the practice of decentralized judicial review and its implications for the European Court of Justice’s relationship with Member State courts. The division of judicial powers in the EU is assessed with a focus on justification and proportionality review. Drawing on the data from the case law survey, the analysis sheds light on the role allocation between European and national judges in free movement disputes. It investigates to what extent the distinctions between law/fact and interpretation/application capture their respective functions. The findings show that the power of Member State courts has grown significantly over time, with the Court of Justice delegating an ever greater number of decisions to the domestic judiciaries. As a result of this, EU free movement law is being increasingly shaped at the national level.