bluuebunny/crossref_metadata_2025_split huggingface dataset:
Open Networks and Closed Circuits
Authors: Cohen Julie E. 
Published: October 2019

Abstract
Both nation-states and intellectual property owners have sought to impose interdiction obligations on network intermediaries. This chapter considers the extent to which such efforts have begun to coalesce into more definite patterns. Narratives about the dangers of uncontrolled information flow, including threats to public safety, threats to information property, and threats to state authority, have morphed into expansionist accounts of existential threat that are thought to justify correspondingly broad countermeasures. Meanwhile, powerful new platform intermediaries have resisted the imposition of formal interdiction mandates, seeking arrangements that better serve their own interests. In some contexts, struggles among competing authorities have produced institutional settlements that involve strong legal mandates; in others, platform-based, algorithmically mediated “self-regulation” has emerged as the path of least resistance. Meanwhile, logics of fiat interdiction have become progressively normalized within legal and policy discourses.
The Regulatory State in the Information Age
Authors: Cohen Julie E. 
Published: October 2019

Abstract
This chapter explores changes in institutions and processes for economic regulation. The emergence of the platform as informational capitalism’s core organizational logic and of datafication as its principal logic of commodification have disrupted traditional, industrial-era approaches to defining both markets and harms, making it more difficult to articulate compelling accounts of what precisely should trigger regulatory oversight and enforcement. At the same time, settled ways of thinking about the appropriate modalities of administrative lawmaking have come under challenge. Emergent institutional models for oversight of information-economy activities are procedurally informal and emphasize ongoing compliance with performance-based standards intended to guide complex, interdependent sets of practices. Those models also reflect the influence of the managerial turn. They rely heavily on privatized self-regulation, compliance certification by professional auditors, and financialized review to minimize regulatory burdens and costs, and they have tended to be both opaque to external observation and highly prone to capture.
Networks, Standards, and Transnational Governance Institutions
Authors: Cohen Julie E. 
Published: October 2019

Abstract
This chapter juxtaposes the various governance processes that have emerged in the domains of world trade, transnational business regulation, and internet governance and treats them explicitly as iterations of an emergent network-and-standard-based legal-institutional form. Network-and-standard-based governance institutions are situated within larger assemblages for transnational legal ordering. Their operations reflect complex and mutually interpenetrating sets of relationships and practices that involve a heterogeneous array of public, private, and public-private actors and associations. The shift to a networked and standard-based governance structure reshapes modes of lawmaking and enforcement, patterns of contestation over lawmaking authority, and structures for participation and accountability in ways that pose important challenges both to the realizability of traditional rule-of-law values and to traditional conceptions of the institutional forms that those values require.
The Future(s) of Fundamental Rights
Authors: Cohen Julie E. 
Published: October 2019

Abstract
This chapter considers the effects of digital disruption on the recognition and enforcement of fundamental human rights. It maps three overlapping and mutually reinforcing sets of trends. First, traditional mechanisms for defining and enforcing human rights have begun to unravel, and that process has created points of entry for new discourses and practices organized around managerial and technical expertise and optimistic notions of corporate social responsibility. Second, strategies for bottom-up cultural and political production have enabled powerful new forms of resistance but have been far less successful at underwriting new institutional forms dedicated to ensuring more widespread protections for all people. In particular, platform-based, massively intermediated media infrastructures both facilitate and co-opt bottom-up cultural and political production and amplify both benevolence and malevolence. Third, other emergent discourses about the nature and importance of fundamental rights reinforce the normative authority of powerful, nonhuman actors.
Introduction
Authors: Givens Terryl , Hauglid Brian M. 
Published: October 2019

Abstract
The proposal to canonize the Pearl of Great Price in 1880 took the form of a six-word parenthetical—“also the Pearl of Great Price”—with not a word of commentary, explanation, or motive. This is ironic because the elevation to canonical status of a work first published as a pamphlet twenty-nine years earlier by the president of the British Mission was vastly more significant than the mere expansion of the Doctrine and Covenants, and more far-reaching in its effects than John Taylor’s assumption of the title of church president. A set of texts attributed to Abraham and deriving from Egyptian papyri, along with purported writings of Moses and Enoch the prophet, in addition to autobiographical elements from Joseph Smith’s personal writings, constituted the bulk of this new compilation, giving canonical status to the tradition’s richest—and most controversial—theological writings and to an autobiographical narrative written by its founder, Joseph Smith. There were several precedents to this volume of scripture, but none achieved its breadth or theological significance.
“Owing to the Many Reports”
Authors: Givens Terryl , Hauglid Brian M. 
Published: October 2019

Abstract
In 1832, Joseph Smith first recorded an encounter with God, now commonly referred to as his “First Vision.” In 1838, he recorded a more detailed account. Other, secondhand recitals exist as well. In recent years, critics have pointed to apparent discrepancies in the narratives. For example, angels appear in some but not others. Smith’s first version appears to reference one divine figure; the 1838 version describes two. His personal spiritual standing is the focus of the 1832 version, and the state of the Christian world the focus of the second. This chapter elucidates the varying contexts for the production of the different narratives, seeks to understand the conditions of their creation, and identifies features common and consistent to all of them.
Loving Music Till It Hurts
Authors: Cheng William 
Published: October 2019

Abstract
Can music feel pain? Do songs possess dignity? Do symphonies have rights? Of course not, you might say. Yet think of how we anthropomorphize music, not least when we believe it has been somehow mistreated. A singer butchered or mangled the “Star-Spangled Banner” at the Super Bowl. An underrehearsed cover band made a mockery of Led Zeppelin’s classics. An orchestra didn't quite do justice to Mozart’s Requiem. Such lively language upholds music as a sentient companion susceptible to injury and in need of fierce protection.
Prelude
Authors: Cheng William 
Published: October 2019

Abstract
Loving music till it hurts: it’s something many of us are likely familiar with. First, we know what it’s like to love certain music so much, it hurts—that deep and aching feeling of being moved to tears, chills, and supreme wonder. Second, we know what it’s like to love such music until we believe the music itself is capable of feeling hurt. (Can music experience pain? Not literally. Yet think of how we anthropomorphize music, not least when we believe it has been somehow mistreated: a singer butchered the noble “Star-Spangled Banner,” a pianist mangled the delicate Mozart sonata.) Lastly, we might love music so much, we end up hurting other people. This book’s Prelude outlines how people’s love of music can spark behaviors, attitudes, and discourses that demonstrate a fierce protectiveness of music, sometimes to the detriment of fellow human beings. A central question here concerns whether people can find ways to love music without intentionally or unintentionally weaponizing this love—that is, without allowing it to serve oppressive, discriminatory, and violent purposes.
Mexico
Authors: Fairbrother Malcolm 
Published: October 2019

AbstractMexico came to North American free trade in a very different way than Canada. Unlike in Canada, not even economists favored greater integration with the United States before the 1980s. Over the course of the 1980s, however, the worldviews of Mexican economists, and then the country’s political and administrative elites, changed substantially. Economic crises and ongoing negotiations between the Mexican government and its foreign creditors reshaped the domestic political field, and a new generation of “technocrats” with PhDs in economics from prestigious American universities came to occupy most top posts in government. Under the technocrats, Mexico joined the multilateral trading system, and then in 1990 began negotiating North American free trade—even in the absence of broad-based support from businesspeople. The undemocratic Mexican state limited the opportunities for either dissident businesspeople or civil society to criticize its free trade initiative.
Afterword
Authors: Fairbrother Malcolm 
Published: October 2019

AbstractThis afterword examines the track record of free trade in North America, and what impacts it had in a number of areas. These range from trade and investment flows, and economic growth, to inequality, labor and environmental conditions, migration, regional cooperation, and democracy and human rights in Mexico. Advocates and critics made many predictions about the near- and long-term impacts of CUFTA and NAFTA, and in hindsight some of those predictions were correct and some were not. These agreements succeeded in knitting together the three previously more segmented national economics, but their benefits in terms of welfare have been limited.
Introduction
Authors: Albert Richard 
Published: October 2019

Abstract
What is an amendment? This chapter shows why this question is central to the study of constitutional change. Some constitutional changes are identified as amendments but in reality may be more. Whether a constitutional change is an amendment entails implications for how the change must be made, whether a court can and should evaluate its constitutionality, and what the change requires for legitimation. This chapter returns to the origins of formal amendment—to the Articles of Confederation, America’s first constitution, which codified the very first amendment rule in a national constitution—to uncover the foundations of amendment practice and what makes an amendment different from other constitutional changes. This chapter moreover raises a question about an increasingly common phenomenon that straddles the border of legality and legitimacy: the violation of amendment rules. This chapter explains that the Indian basic structure doctrine and Bruce Ackerman’s theory of constitutional moments are, at bottom, variations on the same theme we see all over the world: changes to amendment rules that occur in defiance of the rules of formal amendment. Many examples follow to illustrate this point. The chapter closes by describing and situating the importance of the chapters to follow in this book. This chapter considers constitutions from around the globe.
The Architecture of Constitutional Amendment
Authors: Albert Richard 
Published: October 2019

Abstract
Constitutional amendment rules were once very simple in their design. A constitution codified a one-size-fits-all procedure for amendments to any part of the constitution, and that was it. Today, amendment rules are considerably more complex in their design and in the possibilities they offer constitutional designers for structuring their rules of constitutional change. This chapter examines the architecture of constitutional amendment, specifically the options available to constitutional designers to build their own rules of change. This chapter also weighs the strengths and weaknesses of these options and offers some guidance on when one choice may be better than another. This chapter compares single-track and multi-track pathways in constitutional amendment, single-subject and omnibus amendment bills, and procedures for amendment and dismemberment. This chapter also explains why codified unamendability is problematic for democracy and suggests an alternative design that can achieve the expressive function of unamendability while not denying the fundamental right of amendment. This chapter moreover examines the important relationship between time and change, namely how constitutional designers can use and manipulate time in their design of amendment rules. Finally, this chapter explores judicial review of constitutional amendments, beginning first by explaining eight strategies a court can use to invalidate an amendment and then elaborating several alternatives to the judicial invalidation of constitutional amendments. What results is a deep dive into the design of amendment rules. This chapter considers constitutions from around the globe.
Conclusion
Authors: Albert Richard 
Published: October 2019

Abstract
There are presently too few resources to guide constitutional designers in building the rules of constitutional amendment. This chapter offers a roadmap for designing constitutional amendment rules. As is true of building an edifice, constructing the rules of constitutional change requires careful thought about design and operation. This chapter explains that amendment rules are organized around four sets of fundamental choices requiring designers to set the foundations of the polity, to choose among pathways to initiate, propose and ratify an amendment, to select specifications that will put the foundations and pathways into operation, and finally to determine how and where amendments will be recorded. This chapter also explains that formal amendment as a practice reflects the democratic values of the rule of law, including predictability, transparency, and publicity. There are of course advantages to informal amendment and methods of change that violate the codified rules of change, but there are even greater democracy-enhancing virtues that are possible only with formal amendment. This chapter considers constitutions from Austria, Costa Rica, Great Britain, India, Ireland, Spain, Switzerland, and the United States.
The Salon, the Stage, and Porfirian Nostalgia
Authors: Avila Jacqueline 
Published: October 2019

Abstract
Chapter 2 discusses the nostalgic, cinematic depiction of upper-class society during the cosmopolitan Porfiriato. Although the era has been seen as an oppressive, corrupt, and violent period, this film genre portrays the Porfirian elite. The genre was particularly focused on portraying the female bourgeoisie, a reserved and restricted class preoccupied with marrying well and maintaining a high social status through strict and traditional (especially religious) social decorum and manners. The genre concentrated on women’s positions, the act of coupling, and conservative social mores, all of which were emphasized through musical traditions from the Porfirato. This chapter examines three hallmark films: En tiempos de don Porfirio (1939), ¡Ay, qué tiempos señor don Simón! (1941), and México de mis recuerdos (1944). The performed works in these films intertextually reference both the developing romantic narrative and the social contradictions of Porfirian culture, particularly concerning gender roles, social mores, and conceptions of decency.
Violent Rituals of the Hebrew Bible
Authors: Olyan Saul M. 
Published: October 2019

Abstract
Although seldom studied by biblical scholars as a discrete phenomenon, ritual violence is mentioned frequently in biblical texts, and includes ritual actions such as disfigurement of corpses, destruction or scattering of bones removed from a tomb, stoning and other forms of public execution, cursing, forced depilation, the legally sanctioned imposition of physical defects on living persons, coerced potion-drinking, sacrificial burning of animals and humans, forced stripping and exposure of the genitalia, and mass eradication of populations. This book, the first to focus on ritual violence in the Hebrew Bible, investigates these and other violent rites, the ritual settings in which they occur (e.g., the temple, the royal court, the battlefield), their various literary contexts (e.g., legal texts, narrative, visions, dreams, and oracles), and the identity and aims of their agents in order to speak in an informed way about the contours and social aspects of ritual violence as it is represented in the Hebrew Bible.
Introduction
Authors: Olyan Saul M. 
Published: October 2019

Abstract
In this introduction, the author seeks to theorize violence, ritual, and ritual violence. The author argues that violence is best understood as action that is intended by an agent to do harm to a patient in some way in the sociocultural context in which it occurs, and the author understands rites as functioning both to realize and communicate social change and continuity. Ritual violence, for its part, combines characteristics of both violence and ritual, often employing inversion of established rites as a strategy to accomplish injurious goals such as the humiliation of a political opponent or wrongdoer. After reviewing ritual violence in biblical scholarship, the introduction ends with an outline of the shape of the book and comments on the author’s approach to the material (strictly academic) and on what we can know of violent rites in ancient Israel.
Ritual Violence Prescribed
Authors: Olyan Saul M. 
Published: October 2019

Abstract
This chapter considers the representation of violent rites in legal texts. The chapter begins with a review of scholarly debates on the nature and function of biblical law and then moves on to consider striking examples of prescribed ritual violence for punitive purposes (Deut 13:7–12; 25:5–10; and Lev 24:19–20). After this, violent rites that serve nonpunitive purposes are investigated. These include animal and human sacrifice as well as the rites of Num 5:11–31, as the latter have a probative dimension in addition to their punitive aims. A detailed consideration of the rites of mass eradication (the ḥērem) rounds out the chapter.
Ritual Inversion and Mitigating Rites as Components of Ritual Violence
Authors: Olyan Saul M. 
Published: October 2019

Abstract
This chapter focuses on ritual inversion as a phenomenon as well as what the author calls mitigating rites. While ritual inversion might transform agents into patients; advocates and defenders into antagonistic aggressors; or routine, nonviolent and, frequently, beneficial rites into hostile, punitive ritual acts, mitigating rites are an instrument used to diminish the negative effects of violent, injurious ritual action, and include both commonplace rites such as mourning and burial and exceptional ritual acts such as extended vigils. Although ritual inversion is a phenomenon attested in contexts far removed from violent rites as well as in settings of ritual violence, mitigating rites are by definition always connected to punitive, violent rites since their function is specifically to lessen the baleful impact of such ritual violence in its aftermath.
The Role of Circumstantially Dependent Rites in Ritual Violence
Authors: Olyan Saul M. 
Published: October 2019

Abstract
This chapter examines a number of ritual actions whose meaning and significance are entirely dependent on the circumstances in which they occur. An agent might be depicted using such rites to cause a foe or wrongdoer injury. But texts suggest that under a different set of conditions, the very same rites can have beneficial functions not only for the agents who undertake them but also for those on whom those agents might act ritually. Circumstantially dependent rites include hair manipulation, disinterment and the movement of the remains of the dead, the burning of corpses or bones, and circumcision. Such rites contrast with other ritual acts that are portrayed as injurious to a victim under any and all circumstances (e.g., public stripping or blinding) as well as rites that always produce some kind of benefit for both agent and patient (e.g., honorable burial or clothing the naked).
The Social Dimensions of Ritual Violence
Authors: Olyan Saul M. 
Published: October 2019

Abstract
This chapter discusses the various ways in which violent rites might have an impact on the shaping of social relationships in the world of the biblical text. The author’s primary interest in this chapter is to illuminate how ritual violence might function to terminate, perpetuate, and even create connections between individuals, groups, or polities. Texts examined include 1 Sam 22:12–19, the story of Saul’s mercenary Doeg the Edomite’s execution of the priests of Nob; 2 Sam 10:1–5, the Ammonites’ public humiliation of David’s embassy of comforters; 2 Sam 16:5–13, the cursing, stoning, and dirt casting of Shimi the Benjaminite as David flees Jerusalem before Absalom’s army; 2 Sam 20:1–22, the execution of the rebel Sheba ben Bikri by the inhabitants of Abel Bet Maacah; and Neh 13:25, the account of Nehemiah’s violent, coercive rites targeting his intermarried opponents.
Conclusion
Authors: Olyan Saul M. 
Published: October 2019

Abstract
After summarizing the arguments of previous chapters, the author compares the representation of ritual violence in the three types of literature that have been considered, focusing on both continuities and differences. Each literary type is characterized by diversity with respect to violent ritual acts, and each includes representations of violent rites with physical and/or psychological dimensions. Yet there are differences. Although the aim of historical prose is to represent the past and oracular, oneiric and visionary texts tend to have a present-future orientation, prescriptive texts most often speak in general, hypothetical terms. And while personification plays no role in ritual violence in legal texts and narrative, it is central to visionary, oneiric, and oracular texts, whose function often includes a predictive element, in contrast to both prescriptive and prose texts. The author ends with a consideration of what the study of ritual violence contributes to our understanding of both violence and ritual.
West Germany and the Iron Curtain
Authors: Eckert Astrid M. 
Published: October 2019

Abstract
West Germany and the Iron Curtain takes a fresh look at the history of Cold War Germany and the German reunification process from the spatial perspective of the West German borderlands that emerged along the volatile inter-German border after 1945. These border regions constituted the Federal Republic’s most sensitive geographical space, in which it had to confront partition and engage its socialist neighbor, East Germany, in concrete ways. Each issue that arose in these borderlands—from economic deficiencies to border tourism, environmental pollution, landscape change, and the siting decision for a major nuclear facility—was magnified and mediated by the presence of what became the most militarized border of its day, the Iron Curtain. In topical chapters, the book traces each of these issues across the caesura of 1989–1990, thereby integrating the “long” postwar era with the postunification decades. At the heart of this deeply-researched study stands an environmental history of the Iron Curtain that explores transboundary pollution, landscape change, and a planned nuclear industrial site at Gorleben that was meant to bring jobs into the depressed border regions. As Eckert demonstrates, the borderlands that emerged with partition and disappeared with reunification did not merely mirror larger developments in the Federal Republic’s history but actually helped shape them.