bluuebunny/crossref_metadata_2025_split huggingface dataset:
Could the President Unilaterally Terminate All International Agreements?
Authors: Koh Harold Hongju 
Published: October 2020

Abstract
This chapter examines Section 313 of the Fourth Restatement of the Foreign Relations Law, regarding “Authority to Suspend, Terminate, or Withdraw from Treaties.” That provision states that “according to established practice, the president has the authority to act on behalf of the United States in suspending or terminating U.S. treaty commitments and in withdrawing the United States from treaties.” While the reporters cautioned that this section currently applies only to Article II treaties, one of them recently wrote that “if presidents do have the legal authority to withdraw from Article II treaties, it is not clear why that authority would not extend to congressional-executive agreements” and presumably, other agreements as well. Donald Trump’s tumultuous presidency has called this broad supposition into question. Since 2017, the Trump administration has announced its withdrawal from a host of bilateral and multilateral arrangements. One could easily imagine this president and his lawyers misconstruing Section 313 as justifying a general power of the president to terminate, suspend, or withdraw from any and all international agreements to which the United States is a party. The chapter argues that no such power exists. The U.S. Constitution does not confer upon the president a general unilateral power of treaty termination. Nor can such a general unilateral power be derived from constitutional text, structure, or U.S. Supreme Court precedent.
Taking Treaty-Implementing Statutes Seriously
Authors: Estreicher Samuel 
Published: October 2020

Abstract
This chapter evaluates how implementing legislation has been a critical aspect of the U.S. treaty-making process since the very beginning of the Republic. Yet modern academic studies of U.S. foreign relations law too often neglect treaty-implementing statutes. While the treaty spells out the international obligations, the implementing law is the domestic face of the treaty, except in the increasingly rare instances where the treaty is considered self-executing. Ultimately, treaty-implementing legislation constitutes the operative law of the United States with respect to the treaty in question. The chapter then seeks to rekindle interest in this part of the process in the making of U.S. foreign relations law. A renewed appreciation by the courts and politically accountable breaches of, and focus on, the central role of the implementing statute in the case of non-self-executing treaties is likely to yield several significant benefits for the development of U.S. foreign relations law. These include, firstly, a better understanding of the precise U.S. law position on a particular issue; secondly, avoiding the dangers of blanket incorporation of treaty language that fails to adjust for U.S. institutions and legal culture; and, thirdly, providing an opportunity for Congressional expansion of protection beyond the requirements of the treaty.
The Fourth Restatement’s Treatment of International Law and Administrative Law
Authors: Galbraith Jean 
Published: October 2020

Abstract
This chapter argues that there is a disconnect between foreign relations law in practice and its portrayal in the Fourth Restatement of the Foreign Relations Law. It considers two significant shifts in foreign relations law between the late 1980s and the present. The first shift is that there is now more distance between international law and U.S. domestic law. The second shift is that there is now less distance between foreign relations law and U.S. administrative law. The Fourth Restatement reflects the first change but overlooks the second one. The effect of this is a distorted picture of the boundaries of foreign relations law. The chapter then then analyzes how further work on the Fourth Restatement could reduce or minimize this distortion.
Restating The Charming Betsy as a Canon of Avoidance
Authors: Bellia Anthony J. , Clark Bradford R. 
Published: October 2020

Abstract
This chapter examines the Charming Betsy canon, which was recognized by the Supreme Court more than two centuries ago and has since become a well-known tool of statutory construction. As formulated in 1804, the canon instructed that a federal statute “ought never to be construed to violate the law of nations if any other possible construction remains.” At the time The Charming Betsy was decided, the canon functioned as a canon of constitutional avoidance. It ensured that courts did not usurp the constitutional authority of the political branches over the conduct of war and foreign relations by violating the rights of foreign nations without clear authorization to do so. In 1987, the Third Restatement arguably expanded the domain of the canon beyond its original formulation and actual use by the Supreme Court, instructing courts to construe statutes “so as not to conflict with international law.” Although the Fourth Restatement does not include a general restatement of the Charming Betsy canon, Section 406 restates an important application of the canon to avoid conflicts with international law governing jurisdiction to prescribe. This chapter proposes a new general restatement of the Charming Betsy canon that reflects its actual use by the Court as a canon of avoidance, and excludes potential misuses that might contradict, rather than uphold, the U.S. Constitution’s allocation of powers.
International Comity in the Fourth Restatement
Authors: Dodge William S. 
Published: October 2020

Abstract
This chapter reflects on the treatment of international comity in the Third and Fourth Restatements of the Foreign Relations Law of the United States. International comity played a minor role in the Third Restatement, and the distinction between international comity and international law helps to explain why. The Third Restatement recognized comity as the basis for U.S. rules governing the recognition and enforcement of foreign judgments, but generally it attempted to show that rules originating in comity had developed into customary international law. Some of these attempts were criticized as unsupported by state practice and opinio juris. The Fourth Restatement takes a more restrained approach to restating rules of customary international law and correspondingly embraces international comity as a way of distinguishing limits on jurisdiction that are required by international law from limits on jurisdiction that are required only by domestic law. The chapter then considers some of the implications of looking at doctrines of foreign relations law through an international-comity lens.
Toward the Fifth Restatement of U.S. Foreign Relations Law
Authors: Bookman Pamela K. 
Published: October 2020

Abstract
This chapter discusses the debate that the Fourth Restatement of Foreign Relations Law of the United States has sparked regarding the status of adjudicative jurisdiction under public international law. The Fourth Restatement has received considerable attention for its conclusion that adjudicative jurisdiction is not a concern of public international law. But exercises of adjudicative jurisdiction around the world are not static. Innovations and expansions of international adjudication in courts around the world are in process and looming on the horizon. This chapter surveys these developments and considers whether they could lead the next Restatement to alter its position on adjudicative jurisdiction. It also evaluates how these developments could translate into state practice and expressions of opinio juris that might affect the international law status of adjudicative jurisdiction.
Territoriality and Its Troubles
Authors: Rutherglen George 
Published: October 2020

Abstract
This chapter examines what the presumption against extraterritoriality means and how it operates. The presumption against extraterritoriality itself presumes a set of complicated rules about which features of a transnational case count: which features make a case territorial and within the scope of a federal statute because these features can be located within the United States or, if they cannot, make the case extraterritorial and outside the statute’s scope. The dependence of the presumption upon a network of other rules both complicates its operation and makes it a less than certain guide to statutory interpretation. The chapter then considers the justification for territorial allocation of government power generally, and addresses the question of whether any presumption about the territorial scope of statutes must await a new consensus on the appropriate rules of choice of law. It argues that the presumption against extraterritoriality requires a flexible interpretation that makes it more of a principle than a rule. From that premise, the chapter studies the choice between an ad hoc and a principled application of the presumption, both of which are exemplified in recent decisions.
Sleeping Dogs
Authors: Deeks Ashley 
Published: October 2020

Abstract
This chapter describes basic developments in U.S. domestic humanitarian law since the September 11 attacks. Important new rules emerged from domestic judicial decisions in several states in the post–September 11 era. Courts produced decisions about how to characterize a state’s extraterritorial armed conflicts against nonstate actors; who a state lawfully may detain or target during those conflicts; the detention review processes a state must conduct; and what restrictions should attach to detainee transfers, among other topics. This case law can be termed “domestic humanitarian law” (DHL). The DHL emerging from different jurisdictions offered a way to develop international humanitarian law, akin to the U.S. constitutional idea that U.S. States serve as experimental “laboratories” in which different approaches to problems are tested. U.S. courts were a major player in this undertaking. Notwithstanding the stated interest by the Fourth Restatement of Foreign Relations Law’s reporters in updating the Third Restatement to better reflect major geopolitical changes since 1987, however, and notwithstanding the fact that DHL is a new, plentiful, and important reflection of those changes, there seems to be an unspoken consensus that DHL would be a poor subject for the Fourth Restatement to take up. The chapter considers why this is the case and what it says about U.S. “war on terror” jurisprudence.
Ecologies of Resonance in Christian Musicking
Authors: Porter Mark 
Published: October 2020

Abstract
Ecologies of Resonance in Christian Musicking explores a diverse range of Christian musical activity through the conceptual lens of resonance, a concept rooted in the physical, vibrational, and sonic realm that carries with it an expansive ability to simultaneously describe personal, social, and spiritual realities. In this book, Mark Porter proposes that attention to patterns of back-and-forth interaction that exist in and alongside sonic activity can help to understand the dynamics of religious musicking in new ways and, at the same time, can provide a means for bringing diverse traditions into conversation. The book focuses on different questions arising out of human experience in the moment of worship. What happens if the entry point of a human being experiencing certain patterns of (more than) sonic interaction with the world around them is taken as a focus for exploration? What different ecologies of interaction can be encountered? What kinds of patterns can be traced through different Christian worshiping environments? And how do these operate across multiple dimensions of experience? Chapters covering ascetic sounding, noisy congregations, and Internet live-streaming, among others, serve to highlight the diverse ecologies of resonance that surround Christian musicking, suggesting the potential to develop new perspectives on devotional musical activity that focus not primarily on compositions or theological ideals but on changing patterns of interaction across multiple dimensions between individuals, spaces, communities, and God.
Sounding Back and Forth
Authors: Porter Mark 
Published: October 2020

Abstract
This chapter explores some of the ways in which resonance has been theorized in recent literature. Through this exploration it proposes ways in which attentiveness to dynamics of resonance can be useful in the study of congregational musicking. Drawing upon the work of Hartmut Rosa, the author draws attention to the potential for individuals to aspire to resonant relationships with the world around them. This is supplemented with perspectives from Jean-Luc Nancy in order to emphasize the way in which sound continually draws different entities into dynamic and meaningful relationships, and from the work of Veit Erlmann in order to highlight the ways in which these relationships spill over between sonic and more-than-sonic dimensions. Bringing these authors into conversation, the author suggests the need to hold together a number of different understandings of resonance in order to exploit the term’s ability to point toward the multidirectional and multidimensional complexes of relationships that surround devotional musicking.
Resonance, Bach, and Noisy Congregations
Authors: Porter Mark 
Published: October 2020

Abstract
This chapter takes, as its starting provocation, Tanya Kevorkian’s suggestion that performances of Bach’s cantata compositions would originally have taken place within a somewhat noisy social environment. Drawing from the wider field of literature on listening and noise in other historical and contemporary contexts, it examines the potential for sonic interactions between different actors to set up patterns of social resonance. It draws out the consequences of taking these sonic and social interactions seriously in understandings of musical performance and experience. Many analyses consider noise primarily as a distraction to attentive listening. This chapter, however, highlights its role in processes of meaning making and in establishing different sets of relationships between performers, congregation, and the divine.
Prayer Room Live-Streaming and Transnational Resonant Assemblages
Authors: Porter Mark 
Published: October 2020

Abstract
Dynamic resonant interplay is not limited to the space of the gathered congregation. Religious practices have always occurred beyond the boundaries of congregational spaces. There is an increasing desire to move away from an understanding of congregations as discreet, bounded entities and toward an inclusion of a range of practices and interactions, both individual and communal, private and public, in the surrounding world. This chapter utilizes on-site and online ethnography in order to observe the transnational resonant assemblages set up through Internet live-streaming of prayer room music and worship. It examines the way in which sound and video carried through the cameras of the prayer room, the fibers of the Internet, and the computers and mobile devices of those tuning in set up a dynamic interplay between prayer room environments and other devotional spaces around the globe.
The Challenge of Listening
Authors: Scudder Mary F. 
Published: October 2020

Abstract
Chapter 1 introduces the main arguments and key themes of the book. It begins by explaining the centrality of listening for meaningfully democratic deliberation. Being heard by their fellow citizens is what ensures people have a say in the laws to which they are held. Without listening there can be no democracy. The chapter outlines how a listening-centered approach to democratizing deliberation differs from existing approaches, which have tended to focus on reforming procedures and have all but ignored the need to develop citizens’ capacities. This chapter also discusses the various literatures to which the book’s arguments contribute. It explains the book’s general approach and key themes, including those related to making deliberation more accommodating of deep difference and disagreement. Asking whether listening is an absolute democratic good, this chapter also considers the limits of a democratic expectation to listen.
The Insufficiency of Inclusion and the Need for Uptake
Authors: Scudder Mary F. 
Published: October 2020

Abstract
This chapter demonstrates the insufficiency of inclusion for ensuring the democratic functioning of a deliberative system. It reinterprets the democratic force of deliberation, showing that it comes from uptake as much as inclusion. The author defines “uptake” as the due consideration of the arguments, stories, and perspectives that citizens share in deliberation. After inclusion, it is uptake that ensures citizens have a say in the laws to which they are held. The author shows, however, that uptake is not always straightforward. Distinct from inclusion, uptake faces its own obstacles, especially in large pluralistic societies in which people have to make decisions with real and disparate consequences for themselves and others. Chapter 2 shows not only that uptake is essential for achieving the democratic functioning of a deliberative system but also illustrates the challenges to achieving uptake in political contexts of deep difference.
Listening for Difference in Democracy
Authors: Scudder Mary F. 
Published: October 2020

Abstract
Chapter 6 asks whether a listening approach to deliberation can succeed in contexts of deep difference and disagreement. If so, what does that success look like? This chapter shows that the listening approach to deliberation helps us achieve democracy in pluralistic polities, not by overcoming the challenges to deliberation across difference but by drawing citizens’ attention to the process of doing justice to those challenges. The chapter proposes that the prospects for democratic listening and uptake are improved when those deliberating recognize the inherent limits of their ability to understand others. With this, the chapter shows how an ontology of identity/difference, vivified through encounters with difference, can actually offer a productive background for a deliberative democratic theory centered on the listening act.
Democratic Ideals in a Non-Ideal World
Authors: Scudder Mary F. 
Published: October 2020

Abstract
The book concludes with a discussion of the real-world implications of pursuing a politics of listening. Does the expectation to fairly consider the inputs of others apply equally to members of a minority or marginalized group as it does to the relatively powerful and privileged members of society? Chapter 7 explains how to pursue the ideal of uptake and a politics of listening while remaining sensitive to the non-ideal conditions of the present. The chapter draws on political behavior research to show that people are capable of meeting the demands of citizenship laid out in this book. Nonetheless, this chapter also defends the practical value of the ideal of uptake, even when our efforts to attain it fall short. Discussing what to do when listening and uptake are consistently denied or beyond our reach, the chapter concludes by considering the critical value of ideal theory in a non-ideal world.
Ideology as Narrative
Authors: Lejano Raul P. , Nero Shondel J. , Chua Michael 
Published: October 2020

Abstract
Chapter 2 considers what happens at the sharp turn in the road when a narrative does not just lend meaning and organization to the group but isolates it from healthy public discourse; an adversarial turn that occurs when the group’s narrative becomes a closed and rigid ideology. The chapter outlines the telltale signs of the ideological transition and describes some key features that can be uncovered through narrative analysis. It goes on to discuss how the closedness of a narrative is closely related to the insularity of the group. Finally, text from climate skeptical blogs and op-eds are examined and the narrative approach to analyzing ideology is illustrated.
When Skepticism Became Public
Authors: Lejano Raul P. , Nero Shondel J. , Chua Michael 
Published: October 2020

Abstract
Chapter 3 traces the emergence and evolution of the climate skeptical narrative in the United States, showing how it has become more ideological over time, in tandem with sociopolitical events and movements. It examines the development and shifts in the narrative from the early twenty-first century to the present through narrative and critical discourse analyses of summary plots of articles and accompanying comments in conservative media outlets over five successive periods of time, providing textual evidence of how the narrative grew increasingly ideological in each period. The following textual analyses illustrate how skeptics have constructed an alternative ideological narrative through invariance, repetition, alternative data, binary frames (us vs. them), attributing sinister motives to and demonizing the other side, and reinforcing positions by sharing the narrative with like-minded people. In so doing, they created their own narrative-network by denaturalizing the dominance of anthropogenic climate change, framing it as unsettled science, and linking it to politics and fundamental American values of freedom.
Skeptics without Borders
Authors: Lejano Raul P. , Nero Shondel J. , Chua Michael 
Published: October 2020

Abstract
Chapter 4 employs a comparative lens to show how the climate skeptical norm transformed to fit the social-economic conditions, cultures, and institutional settings of each context as it diffused from place to place. It highlights how in the United Kingdom people may dispute climate change science while remaining open to the possibility that mean global temperatures are rising, while elsewhere climate skepticism seems to merge with a broader sentiment of mistrust. Using narrative analysis, this chapter underscores the point that climate skeptical narratives are not homogeneous. The focus is not a historical examination of the narrative but a cross-sectional, or synchronic, one—commonalities and contrasts among climate skeptical narratives as popularly espoused in different countries occurring simultaneously. The chapter examines how differences in climate skeptical narratives from country to country can provide insights into how and why climate skepticism has resonated among the public in each place.
Intertheoretic Comparisons of Choice-Worthiness
Authors: MacAskill William , Bykvist Krister , Ord Toby 
Published: October 2020

AbstractIn this chapter we consider the extent to which different theories are unit-comparable, and what makes them comparable when they are. We consider three arguments for the conclusion that intertheoretic comparisons are always impossible: the appeal to cases argument, the swamping argument, and the arbitrary unit arguments. We argue against all three arguments. We distinguish between structural and non-structural accounts of intertheoretic comparisons. We argue in favour of non-structural accounts: we argue that intertheoretic comparisons are grounded in substantive facts about the theories themselves (rather than merely statistical properties of their choice worthiness function). We discuss a number of possible accounts of intertheoretic comparisons, ultimately arguing in favour of a ‘universal scale’ account.
Practical Ethics Given Moral Uncertainty
Authors: MacAskill William , Bykvist Krister , Ord Toby 
Published: October 2020

AbstractSome philosophers have argued that moral uncertainty has striking implications for issues in practical ethics such as abortion and vegetarianism. In this chapter, we show that the prima facie implications of moral uncertainty for issues in practical ethics are far more wide-ranging than has been noted in the literature so far. We argue for this on two grounds: first, because of interaction effects between moral issues; and, second, because of the variety of different possible intertheoretic comparisons that one can reasonably endorse. Before drawing conclusions from moral uncertainty-based arguments, one first has to do the difficult job of figuring out what one’s credences in different moral viewpoints are or ought to be.