bluuebunny/crossref_metadata_2025_split huggingface dataset:
Between Truth and Power
Authors: Cohen Julie E. 
Published: October 2019

Abstract
This book explores the relationships between legal institutions and political and economic transformation. It argues that as law is enlisted to help produce the profound economic and sociotechnical shifts that have accompanied the emergence of the informational economy, it is changing in fundamental ways. We are witnessing the emergence of legal institutions adapted to the information age, but their form and their substance remain undetermined and are the subjects of intense struggle. One level for legal-institutional transformation involves baseline understandings of entitlement and disentitlement. Both lawyers and laypeople tend to think of legal entitlements as relatively fixed, but the ongoing transformation in political economy has set things in motion in ways that traditional accounts do not contemplate. In particular, the datafication of important resources and the shift to a platform-based, massively intermediated communications environment have profoundly reshaped both the organization of economic activity and the patterns of information exchange. The authority of platforms is both practical and normative, and it has become both something taken for granted and a powerful force reshaping the law in its own image. Another level for legal-institutional transformation involves the structure and operation of regulatory and governance institutions. Patterns of institutional change in the networked information era express a generally neoliberalized and managerialist stance toward the law’s projects and processes. They reflect deeply embedded beliefs about the best uses of new technological capabilities to manage legal and regulatory processes and account for activities of legal and regulatory concern.
Treatise on Awakening Mahāyāna Faith
Authors: Jorgensen John , Lusthaus Dan , Makeham John , Strange Mark 
Published: October 2019

Abstract
Drawing on the historical and intellectual contexts of the Treatise on Awakening Mahāyāna Faith’s composition and paying sustained attention to its interpretation in early commentaries, this new annotated translation of the classic makes its ideas available to English readers like never before. The introduction orients the reader with the main topics taken up in the Treatise and also provides a scholarly resource for students, teachers, and researchers. The Treatise succinctly addresses many of the doctrines of greatest importance to Buddhists in China between the fifth and seventh centuries, in an attempt to reconcile seemingly contradictory ideas in Buddhist texts introduced from India. One reason for the popularity of the Treatise is its compelling vision of how to realize why we are deluded and then follow a path to actualize our inherent buddhahood. “Awakening Mahāyāna Faith” refers to having the initial faith or trust that the Mahāyāna Buddhist path will work and is worth pursuing. It also provides a concise restatement of the complexities of the ten-stage path of bodhisattva (enlightened being) practice in Mahāyāna Buddhism. The Treatise quickly became a foundational text for East Asian Buddhism when it appeared in sixth-century China. It profoundly shaped the doctrines and practices of the major schools of Chinese Buddhism: Chan, Tiantai, Huayan, and to a lesser extent Pure Land. Conceptual structures derived from the Treatise became a shared resource for East Asian philosophers and religious theorists over centuries.
“Not to Be Trammeled”
Authors: Givens Terryl , Hauglid Brian M. 
Published: October 2019

Abstract
Christian creeds go back to the first Christian centuries. Catholics produced creeds largely to establish the lines demarcating orthodoxy and heresy. Protestants at first were hostile to creeds and often invoked the Bible as the lone and sufficient creed for Christians. Joseph Smith’s hostility to creeds was common, especially among other restorationists. Eventually virtually all Protestants realized that without a creed, boundary maintenance was impossible. Early missionaries of the Church of Jesus Christ of Latter-day Saints found it necessary to summarize and define the uniqueness of their message—effectively creating the first creeds. Joseph Smith, explicitly hostile to creeds as too circumscribing of belief, found himself forced by the same imperative to articulate his own summation of Mormon teachings. His Thirteen Articles of Faith are, however, wholly inadequate as a creed, since they omit many of the most core doctrines of the church. They are best understood, in Rodney Stark’s formula, as establishing an optimum tension with competing religious faiths—not too radical and not too familiar.
Epilogue
Authors: Givens Terryl , Hauglid Brian M. 
Published: October 2019

Abstract
The Pearl of Great Price has an importance in the Church of Jesus Christ far out of proportion to its size. The Book of Moses is the foundation for its most important doctrinal claims. The Book of Abraham undergirds its understanding of priesthood and its entire temple theology that is oriented around the eternal binding together of human families. Canonizing Joseph Smith’s autobiographical writings effectively dismantles the doctrine of sola scriptura. The controversies around the Book of Abraham mean that this canonical book of scripture represents the church’s greatest strengths and greatest vulnerabilities. However, the church is likely to weather these storms, as it has those of the past.
The Wilsonian Solution
Authors: Laderman Charlie 
Published: October 2019

Abstract
This chapter examines Woodrow Wilson’s pragmatic decision not to declare war on the Ottoman Empire after American entry into the First World War. It explains why this policy choice offers important insights into Wilson’s attitude toward the Allied powers, particularly the British Empire. It evaluates Wilson’s broader attitude to Britain and his attitude toward an Anglo-American alliance. The chapter emphasizes the clash between Wilson and Roosevelt over whether the United States should declare war on the Ottoman Empire, and what this reveals about their humanitarian visions and broader conceptions of international order. In doing so, it traces the emergence of Wilson’s own solution to the Armenian question as part of a reformed, American-led international system.
Why Globalization Didn’t Happen, 1948–1982
Authors: Fairbrother Malcolm 
Published: October 2019

AbstractThis chapter sets the stage for the rest of the book, describing key political economic events, conditions, and changes in Canada, Mexico, and the United States from the 1940s to the early 1980s. The US government was broadly keen on regional economic integration throughout this period, but Canada and Mexico were opposed. As a consequence, this was in some ways a period of deglobalization. Canadian economists advocated freer trade (like their counterparts in the United States), but Canadian businesspeople prevented the state from pursuing it. In Mexico, political elites maintained a closed economy because they subscribed to the developmentalist economic ideas of the day. Public opinion everywhere was little informed about international economic issues, and had no significant role to play in shaping public policies.
The United States
Authors: Fairbrother Malcolm 
Published: October 2019

AbstractOnce Canada and Mexico each agreed to negotiate free trade, the United States began pressing its demands for content in the agreements that was consistent with what US business leaders wanted. In the end, private sector representatives were very pleased with the results of the negotiations. When NAFTA turned into a highly contentious issue, in 1992 and 1993, major American business associations and even individual firms campaigned hard for the agreement's ratification by Congress. That ratification was still not a sure thing, however, and Democratic president Bill Clinton needed to make NAFTA possible by advocating its ratification and supplementing it with side-agreements on labor and the environment. Clinton’s compromise position and the advocacy of business helped win over just enough critics to get NAFTA through, including in the face of substantial public skepticism.
Did Economists Cause Globalization?
Authors: Fairbrother Malcolm 
Published: October 2019

AbstractAcademic economists are broadly supportive of initiatives for globalization, and their endorsements make a difference politically: they carry the authority of expertise. But this chapter shows, contrary to what many people believe, that agreements like NAFTA are not really based on mainstream economic ideas. Compared to formal neoclassical trade theory, the priorities and worldviews of businesspeople—which are in some respects quite different—are much more politically influential. Economists’ ideas are so marginal in part because they are not politically useful for constructing broad business support for free trade. For that reason, even officials and negotiators who subscribe to neoclassical ideas do not talk about trade in neoclassical ways. Few people understand economists’ neoclassical trade theory, including its core concept of comparative advantage, which does not resonate with the lived experience of businesspeople.
A Political Economy Approach to U.S. Normalization Policy Toward Cuba
Authors: Betancourt Roger R. 
Published: October 2019

Abstract
In this chapter, five contributions are made to advance understanding of U.S.-Cuba relations. First, empirical evidence is provided on outcomes with respect to the flows of persons, goods and services, and capital between Cuba and the United States. While the evidence stresses the last decade, it goes back to the 1990s when feasible and relevant. Second, policies and their implementation by both the U.S. and Cuban governments are viewed as the actions of political agents that provide opportunities and challenges for these outcomes to fluctuate over time in pursuit of a variety of goals. Third, these outcomes are treated as responses of U.S. and Cuban entities and residents as economic agents to the policies and their implementations by the two governments. Fourth, throughout the chapter, interactions between different policies within each country as well as between the two countries are analyzed in terms of their impact on actual outcomes. Finally, in the last substantive section the role of political factors in the two recent U.S. administrations is highlighted to bring out interactions between political and economic dimensions and to illustrate the policies explicitly or implicitly adopted by the Donald Trump administration.
Open Adoption and Diverse Families
Authors: Goldberg Abbie E. 
Published: October 2019

Abstract
This book traces the experiences of diverse adoptive families—including lesbian, gay, and heterosexual parent families, and families who adopted through foster care and private adoption—as they manage birth family relationships across their children’s childhood. It explores the diversity among families in how open adoption is envisioned, enacted, and experienced over time. The author uses interview data from four time points spanning preadoption to 8 years postadoption to address a variety of questions, including: How do adoptive parents feel about openness when they first learn about it, and why do their feelings change over time? How do adoptive parents’ initial feelings about birth parents inform the types of relationships that they form with birth family? How do adoptive parents who strongly valued openness cope with and handle the disappointment of matching with birth parents who do not desire and/or are unable to enact a similar level of openness? What types of complex, unexpected, and nuanced trajectories of contact unfold over time between adoptive families and birth families? What types of boundary challenges occur between adoptive and birth family members, offline and online? How do adoptive parents talk about adoption with their children, and how does this vary depending on level and type of contact? How and to what extent do adoptive parents invoke environment versus genetics (i.e., birth family) in articulating children’s strengths, challenges, and physical features (e.g., height, skin color)? How do the experiences of adoptive parents differ by parent gender and sexual orientation?
Illusions
Authors: Bornstein Brian H. , Neuschatz Jeffrey S. 
Published: October 2019

Abstract
In this chapter, Münsterberg describes a number of cases and experiments that illustrate the vagaries and unreliability of human perception and memory, producing what he refers to as “illusions.” This chapter focuses on the illusions of unconscious transference, change blindness, and the confidence–accuracy relationship. Unconscious transference occurs when an eyewitness identifies an innocent bystander as a culprit because of a previous encounter with the bystander in another context. Change blindness is the inability to notice a change in a visual stimulus. The confidence–accuracy relationship has been one of the most controversial and complex aspects of eyewitness memory, as the strength of the relationship varies depending on a number of individual and situational characteristics, as well as methodological and analytic choices.
The Traces of Emotions
Authors: Bornstein Brian H. , Neuschatz Jeffrey S. 
Published: October 2019

Abstract
This chapter focuses on using suspects’ subtle emotional displays as an indication of their veracity. Münsterberg mentions several physiological indicators of an unconscious emotional reaction, such as changes in pulse, breathing, and galvanic skin response. The sorts of physiological measures described by Münsterberg foreshadow the polygraph, which relies on just such measures. The polygraph has been controversial since its inception and continues to be held in lower esteem by the scientific community than by law enforcement. The present chapter reviews psychological research on the polygraph as a lie detection tool. More specifically, it traces the history and uses of lie detectors, up to the most current methodologies. The chapter reviews the advantages and limitations of the various techniques used by polygraphers to establish the truth or deceptiveness of statements. Finally, the chapter discusses the history of the legal status of the polygraph.
What Münsterberg Got Right, What He Missed, and What We’re Missing Now
Authors: Bornstein Brian H. , Neuschatz Jeffrey S. 
Published: October 2019

Abstract
As the preceding chapters show, Münsterberg was incredibly prescient in his view of what psychology could offer the law. Nonetheless, he neglected to include a number of topics that are currently of great concern to forensic psychologists, the criminal justice system, and policymakers. For example, at the time Münsterberg wrote On the Witness Stand, clinical psychology did not exist as a fully formed field; such matters were left largely to medical practitioners. This chapter summarizes what Münsterberg got right and what he missed, and it attempts to foretell where the field of psychology and law is heading by discussing what we are missing now.
Uncertainties in Forensic Science
Authors: Kampourakis Kostas , McCain Kevin 
Published: October 2019

Abstract
There is a general impression, enhanced by many TV shows, that forensic analyses are objective and infallible. Yet this is far from true. There are many reasons for this. Forensic analyses are not only limited by the quality and the quantity of the DNA analyzed, but also by mistakes that can be made during the interpretation of the findings. There are many uncertainties inherent in the respective procedures, and these must be carefully considered before a conclusion is drawn. Whereas forensic DNA analyses can really be informative, they have to be judged against other types of evidence. Most importantly, all these have to be carefully considered before a juridical decision is made all while making efforts to limit biases that might interfere.
Punishment vs. Tort Liability
Authors: Fletcher George P. 
Published: October 2019

Abstract
This chapter focuses on tort liability. In the international legal order, the tort regime is of particular importance. As we shall see, the Alien Tort Claims Act has a vital role to play either as a backup to a failed attempt at criminal prosecution or the inability to get jurisdiction over a defendant in hiding. Thus, the international regime of tort liability responds to the same concerns of “impunidad” as one finds in the Preamble of the Rome Statute. The chapter then looks at the concept of punishment. Punishment is the domain of criminal law. Liability in tort cases is not officially punishment. In fact, punitive damages imposed by an American jury can have more severe consequences than a brief period in jail. Yet the line between crime and tort is maintained strictly in American jurisprudence.
Subject vs. Object
Authors: Fletcher George P. 
Published: October 2019

Abstract
This chapter determines the difference between subject and object. The distinction between subject and object pervades the substantive law of war and, in general, the distinction between common law and civil law modes of criminal procedure and their relative influences on the procedures of the International Criminal Court (ICC). Criminal trials presuppose human subjects, agency, and judgment. The players in every trial take on different functions in common law and civil law trials. The notion of the accused’s guilt or innocence as an object of investigation takes on a stronger significance in civilian trials. The chapter then explores the ideal types of common law and civil law criminal procedure: one stressing the subjects as the determinative element and the other emphasizing the object of investigation.
The Law of War and its Many Distinctions
Authors: Fletcher George P. 
Published: October 2019

Abstract
This chapter focuses on the law of war and its many distinctions. The supreme distinction in this book is between lawful and unlawful. However, in the law of war, the distinctions multiply beyond control. Whether troops fighting abroad constitutes war is itself a disputed question; there has been a tendency in recent years to use “armed conflict” or “police action.” For the purposes of analyzing the Rome Statute and, in particular, Article 8 on war crimes, one has to assume an international perspective. Most countries in the international legal order are not democracies, and the internal allocation of power is not relevant to whether they violate Article 8. The complexity of Article 8 challenges the mind, with at least 50 distinct offenses. The chapter then elaborates on the perspectives necessary to grasp the general structure of war crimes in the international legal order.
Accidents vs. Mistakes
Authors: Fletcher George P. 
Published: October 2019

Abstract
This chapter discusses the distinction between accidents and mistakes. Much of the law of torts centers on negligent accidents—whether with cars, airplanes, guns, or simply walking on a slippery floor. The important feature of torts, as opposed to crime, is that there is no liability absent harm to the plaintiff. For example, there is no liability for merely attempting or risking harm. In domestic criminal law, accidents become relevant only in what can be called the pattern of harmful consequences, that is, where there is a causal chain between the action and the harm. Meanwhile, according to Article 31(1) of the Rome Statute, a mistake of fact is relevant only if it negates the mental element required for the crime.
The False Promise of Self-Reliance
Authors: Mukherjee Anit 
Published: October 2019

Abstract
This chapter examines civil–military relations and the weapons procurement process in India. It begins with a conceptual discussion, using illustrations of other democracies, on the role of civilians in weapons procurement highlighting the importance of a constant and “iterative” dialogue between civilians and the military. Thereafter, it analyzes major trends in India’s weapons procurement process, highlighting the inability of state-owned domestic industry to meet the demands of the military. Problems emerge from weaknesses on the part of both civilians and the military. Civil–military relations and the pattern of interaction between them, intrinsic to the absent dialogue argument, accentuate the difficulty inherent in the weapons procurement process.
Deducing the Principal Principle
Authors: Hoefer Carl 
Published: October 2019

Abstract
This chapter gives two distinct justifications of the Principal Principle (PP) for Humean objective chances (HOCs). The first justification is “consequentialist” in nature: it shows that in practical decision-making, an agent who has to make bets on repeated chancy events of type A, and who knows the chance of A but has no better information (the scenario of PP), will do better setting her credence equal to the chance of A than she can do with any other, significantly different, betting strategy. The second justification shows that an epistemic agent meeting the conditions for application of PP is irrational—logically incoherent, in fact—if she sets her credence to a level substantially different from the chance. This argument is an adaptation of one originally offered by Colin Howson and Peter Urbach (1993) to justify the PP for von Mises–style hypothetical frequentism. It is shown that the argument works better in support of HOC than it did in support of frequentism.
Irony and Outrage
Authors: Young Dannagal Goldthwaite 
Published: October 2019

Abstract
This book explores the aesthetics, underlying logics, and histories of two seemingly distinct genres—liberal political satire and conservative opinion talk—making the case that they should be thought of as the logical extensions of the psychology of the left and right, respectively. One genre is guided by ambiguity, play, deliberation, and openness, while the other is guided by certainty, vigilance, instinct, and boundaries. While the audiences for Sean Hannity and John Oliver come from opposing political ideologies, both are high in political interest, knowledge, and engagement, and both lack faith in some of the United States’ core democratic institutions. This book illustrates how the roles these two genres play for their viewers are strikingly similar: galvanizing the opinion of the left or the right, mobilizing citizens around certain causes, and expressing a frustration with traditional news coverage while offering alternative sources of information and meaning. However, the book proposes that these genres differ in a crucial way: in their capacity to be exploited by special interests and political elites. The book concludes that due to the symbiotic relationship between conservative outrage and the psychological and physiological characteristics of the right, conservative outrage is uniquely positioned as a mechanism for successful elite propaganda and mobilization—in a way that liberal satire is not.
Drug Violence in the Streets and at Home
Authors: Auyero Javier , Sobering Katherine 
Published: October 2019

Abstract
Drawing on long-term ethnographic fieldwork collected in the poor neighborhood of Arquitecto Tucci, this chapter describes residents’ everyday experiences with violence. It begins by explaining the structural factors that have increased the presence of drugs and violence in the neighborhood. Through a rich description of residents’ experiences, it details how drug market activity has shaped interpersonal violence as consumers commit crimes to finance their addiction and dealers use violence to resolve market disputes. It then documents three pathways through which the “systemic” violence of the illicit drug market enters the home, showing how violence invades homes, how family members resort to violence to protect their scarce material possessions, and how parents use violence to preempt what they perceive as more dangerous forms of violence that their children confront on the street.