bluuebunny/crossref_metadata_2025_split huggingface dataset:
Population Dynamics and the Functional Response
Authors: DeLong John P. 
Published: September 2021

AbstractIn this chapter, I show how the functional response can drive predator–prey cycles (and dynamics more generally). I introduce predator–prey differential equation models and fit them to real dynamic data on classic predator–prey systems (lynx–hare and Daphnia–algae). This coupling achieves two things. First, it allows me to demonstrate that the models are capable of describing real predator–prey dynamics and that the functional response really does have a role in driving predator–prey cycles (even if it is not the driver of all cycles). Second, it allows me, from an empirically grounded starting point, to vary the parameters of the functional response to show how changes in the functional response parameters change the dynamics.
Optimal Foraging
Authors: DeLong John P. 
Published: September 2021

AbstractThis chapter is a refresher on the prey model of classic optimal foraging theory through the lens of this book. I build on the multi-species functional response, the selection ideas, and the parameter breakdown presented in the preceding chapters to argue for how optimal foraging might arise. I rederive the models and suggest that optimal foraging theory may still be relevant to understanding predator–prey interactions, in particular in the context of multi-species functional responses. I also address the possibility that predators mostly have broad diets because they experience low prey abundances most of the time in nature.
Introduction
Authors: Kizenko Nadieszda 
Published: September 2021

Abstract
The Introduction proposes a new approach to studying the sacrament of penance in the Russian tradition from the seventeenth century to 1917. Overly political emphases have reduced penance to the Petrine requirement for priests to report anything treasonous they might hear at confession. Narrowly theological studies over-emphasize Orthodoxy’s ‘therapeutic’ approach versus such notions as ‘satisfaction’, ‘merits’, or ‘justification’. Here, confession is situated both in its broader social, liturgical, and legal context, and in the context of other traditions (Roman Catholic, Protestant, and Jewish). Confession in imperial Russia was not an exclusively private act, but also a seasonal and communal one. As part of govienie, a week-long Lenten penitential process incorporating fasting and daily church attendance, it culminated with confession and communion. This liturgical context, described in the context of Lenten texts and services, allowed the sacrament to maintain its integrity even when rulers sought to use it for political, disciplinary, and educational purposes.
Enlightenment and Elite Enforcement
Authors: Kizenko Nadieszda 
Published: September 2021

Abstract
Chapter 3 examines how confession evolved from the reign of Elizabeth through the end of the eighteenth century. The earlier insistence on universal confession remained an egalitarian disciplinary measure. But the Synod and the Senate could still really only go after those groups easiest to watch and those deemed most important to state security and good order: the military, the high-ranking clergy, and the nobility. At the same time, the ‘soft power’ of such holy hierarchs as Dimitrii of Rostov and Tikhon of Zadonsk played a key role in the process of reframing Orthodox Christianity as a moral teaching that could speak to the concerns of the worldly, educated noble and eventually the peasant. Confession in the second half of the eighteenth century became a part of the new ‘civic’ piety for the ‘enlightened’ elites—and, in the form of preparing for death, remained a part of tradition for those who largely ignored it.
Going to the People
Authors: Kizenko Nadieszda 
Published: September 2021

Abstract
Chapter 6 examines the impact of liberalization on confession. From Alexander II on, Russian rulers started to show less interest in confession as a means of discipline. Confession discipline softened, bishops enjoined priests to show more latitude, and an ever-increasing stream of pamphlets on confession sought to reach an ever-broader literate public. Clerical outreach begun in the late 1850s anticipated the emancipation of the serfs. Both helped create a huge reading public for devotional literature. Texts by Russian writers including Tolstoy, Chekhov, Dostoyevsky, Goncharov, and more minor writers reflected the many aspects of the confession experience. After having been compelled to go to confession for nearly two centuries in every possible way, the Orthodox inhabitants of the Russian empire seemed finally to have internalized it.
Institutional Structures
Authors: Daly Paul 
Published: September 2021

Abstract
This chapter is concerned with the structure of administrative decision-making institutions. Two general aspects of this important topic are particularly relevant to the law of judicial review of administrative action. First, the no-bias principle ensures that decision-making is impartial, by preventing decision-makers from acting where their personal interests, conduct or history could conceivably raise a concern about their ability to make a dispassionate decision on the merits. Second, the principle that a decision-maker must retain their discretion prevents decision-makers from delegating their powers (subject to an exception in the case of government ministers) and limits the scope for the development of policies about how discretionary powers will be exercised in the future. These principles can be understood as being structured by the values of individual self-realisation, good administration, electoral legitimacy and decisional autonomy.
Procedural Fairness
Authors: Daly Paul 
Published: September 2021

Abstract
The object of discussion in this chapter is the contemporary form of the second of the two rules of natural justice mentioned in the introduction to Chapter 2: audi alteram partem. First, the general structure of procedural fairness is discussed, noting how individual interests, effective and efficient public administration, respect for the decisions of elected representatives and the maintenance of distinct roles for distinct bodies illuminate the general structure of the duty of fairness. Second, exclusions to the duty of fairness, again presented in terms of administrative law values are briefly discussed. Third, the chapter discusses individual procedural rights—such as the right to notice and the right to legal representation—with a view to highlighting how these too can be understood in terms of individual self-realisation, good administration, electoral legitimacy and decisional autonomy.
Substantive Review
Authors: Daly Paul 
Published: September 2021

Abstract
This chapter addresses three particular areas of substantive review: jurisdictional issues (including review for error of law); irrationality and the doctrines of relevant considerations and proper purposes. First, the chapter argues that administrative law values are useful in distinguishing jurisdictional from non-jurisdictional issues and in understanding debates about ‘deference’. Second, it argues that administrative law values are useful in understanding rationality review—in particular, in calibrating the range of reasonable responses, a key concept in the contemporary approach to irrationality. Third, the chapter argues that the structure of relevancy and propriety can be understood as being influenced by administrative law values. Given that in these areas there are significant divergences—certainly at the level of detail—between Commonwealth jurisdictions, the analysis in this chapter will be conducted at a higher level of abstraction than the analysis in the other chapters. Nonetheless, individual self-realisation, good administration, electoral legitimacy and decisional autonomy can be understood to influence the contemporary law of substantive review.
Scope of Judicial Review of Administrative Action
Authors: Daly Paul 
Published: September 2021

Abstract
The law relating to the scope of judicial review of administrative action is somewhat unclear and has a particular tendency to be decided on a case-by-case basis. Indeed, amenability to judicial review will often turn on the application of particular constitutional, statutory or regulatory provisions: in Australia and Canada, for instance, there are multiple judicial review jurisdictions, at federal and state/provincial/territorial level, each with their own idiosyncrasies. This chapter argues, nonetheless, that administrative law values are helpful in understanding the decided cases, with individual self-realisation, good administration, electoral legitimacy and decisional autonomy providing meaningful guidance in navigating the jurisprudence. This chapter also offers some suggestions as to how the law relating to scope of judicial review could be improved, further underscoring how useful it is to understand the law of judicial review of administrative action in terms of administrative law values.
Contingencies in International Legal Histories
Authors: dos Reis Filipe 
Published: September 2021

Abstract
This chapter reconstructs how contingency is situated in international legal histories. In particular, it focuses on how contingency relates to narratives of international law’s origin and progress. It explores, first, how traditional and recent international legal histories locate the origin of international law. Different authors—advancing different projects—situate international law within a range of different origins. In the end, the origin of international law is contingent. Moreover, it is possible for some authors, particularly those problematising international law’s Eurocentric origin, to conceptualise the link of contingency and origin not only as the contingency of origin but also in the form of a contingency as origin of international law, as international law originates from the confrontations, translations, encounters, and struggles of various actors. The chapter analyses, second, arguments about progress in international legal histories and argues that these arguments are tied to different conceptualisations of the observer, i.e. the international legal historian. Here, more traditional international legal histories often rely on an understanding of a non-contingent observer, who seeks to create an international legal order that is able to tame the contingencies of the international sphere. However, such narratives of international law’s linear progress have come under scrutiny recently as several interventions started to direct our attention to the multiple perspectives and multilinear trajectories in the making of the current international legal order or invite us to conceptualise the history of international law as a sequence of contingent disruptive events. The chapter concludes with a brief discussion of what it could mean to open international legal histories for different conceptualisations of origin and to give up the idea of a non-contingent observer inscribed in progressive narratives.
The Time of Contingency in International Law
Authors: Gordon Geoff 
Published: September 2021

Abstract
The normative affirmation that international law could have been otherwise upholds material commitments to an actually-existing distribution of goods, which international law supports. To make this clear, this chapter begins by sketching a larger context by which the contingency of international law can be made legible. The larger context here pertains to a Western humanist tradition, following which international law relies on contingency to sustain a humanist fantasy of a temporal economic actor. The humanist fantasy includes an emancipatory pretension to political pre-eminence that is inscribed in its temporality, but at odds with its material, economic underpinnings. The pretension to pre-eminence corresponds historically with an ascendant normative regime that has succeeded as an economic programme but continuously failed as an emancipatory one. The frustrated emancipatory project is a complementary counterpart to the successful economic one. The former persists not despite but on the basis of failure and contradiction: in the face of historical failure, international law always already contains within itself the normative solution; its past failures are proof of future successes, a source of assurance and self-affirmation. When political ideals fail, specific temporal logics entangled with international law enable an affirmation of the subject who maintains those failed ideals, for no other reason than persisting as the same idealistic subject in the same material system that produced the failure. As a result, international legal practice redirects energy for social objectives into subjective self-affirmation, leaving other forces at work for political purposes.
Rights for Daydreaming
Authors: McNeilly Kathryn 
Published: September 2021

Abstract
Contingency and the counterfactual are often apprehended as tools to explore how international human rights law might have evolved differently, or have been ‘done better’ as a hopeful and emancipatory discourse. In this chapter, I remain with the theme of hope which pervades this subset of international law and undertake a counterfactual exploration of it. To do so, I ask the question ‘what if international human rights law, in its mainstream form as a discourse shaped by the United Nations, had been developed as a discourse for daydreaming?’ As rights for daydreaming, human rights would offer a vehicle to help us dream individually, but also collectively, of a future of hope which is better than the present, and to do so in a politically-engaged way. Exploring the history of international human rights law in the twentieth century, I locate one period where the futural and the political did collide, albeit not for long: in the work of states from the Global South during the 1960s–1970s. I consider the difference that might have been made had human rights successfully developed as rights for daydreaming in this period. This includes consequences for this area of law’s connection to grassroots social movements; development of its institutional processes and structures; and its compatibility with neoliberalism. Stemming from these changes, thinking international human rights otherwise in this way may have also had positive consequences for the position and potential of this international discourse today.
Contingencies of Context
Authors: Stone Mackinnon Emma 
Published: September 2021

Abstract
This chapter considers the presence of anticolonial political thought in and as international law, and in particular the legacies of the Algerian Revolution for the Additional Protocols to the Geneva Conventions. The Additional Protocols extended to wars of national liberation the status of international armed conflicts, a move often explained as a straightforward product of context: an effort to expand the reach of humanitarian law to conflicts like those in Algeria and Vietnam. Returning to the legal arguments of the Algerian revolutionaries, however, reveals more complex arguments about what made the conflict international. Rather than straightforwardly nationalist, those arguments entailed robust conceptions of sovereignty, aggression, and the nature of decolonisation as a legal project. Tracing those arguments through the deliberations over the Additional Protocols, the chapter shows how, rather than simply reflecting its context, law operates as a site of historical meaning-making to adjudicate the past’s significance.
Barcelona Traction Re-Imagined
Authors: El Boudouhi Saïda 
Published: September 2021

Abstract
At a time where the future of investment law is often reinvented, this exercise of juris-fiction aims at exploring the relationship between the Barcelona Traction judgment and the course of foreign investment law to determine whether there was room for another evolution. Relying on a theoretical approach that combines normativism with legal realism in an original way, the study looks at different turning points in the course of foreign investment law in order to isolate those which appear as contingent, ie those which could have happened as they could have not happened. Such an enquiry leads to assessing the relative weight that the Barcelona Traction case has played in the remarkable expansion of investor-state dispute settlement. After a short introduction, section II introduces the methodology and used concepts. Section III looks at a few events in the history of foreign investment law in order to distinguish what was contingent and what was unavoidable while, at the same time, identifying what could be turning points. After having set the attention on the Barcelona Traction judgment as a contingent turning point among others, section IV further assesses the causality link between the judgment and foreign investment law through an exercise of imagination in which are considered not only the possible but also the likely effects of a different outcome to the case. By way of conclusion, section V suggests that the Barcelona Traction judgment itself, rather than foreign investment law, was, however, so tightly constrained that it could hardly have been different. It however highlights that the same cannot be said of the Diallo judgment, thus showing that contingency is often related to legal indeterminacy.
From a Fortuitous Transplant to a Fundamental Principle of Law?
Authors: Ostřanský Josef 
Published: September 2021

Abstract
The doctrine of legitimate expectations (LEs) is now considered a backbone principle of international investment law (IIL), particularly of the fair and equitable treatment standard (FET). Open any recent textbook of IIL and you will find discussion on LEs as one of the core principles. However, if one takes a step back, one may see that the notion of legitimate expectations simply appeared in early investment cases ‘out of thin air’. This contribution will argue that, while LEs’ appearance in IIL practice may be viewed as contingent, its ascendance into the principal doctrine of substantive IIL with specific parameters is neither entirely accidental nor random. The use and specific parameters of the doctrine have been allowed and facilitated by both the indeterminate and semantically ambiguous legal form of IIL obligations, and by a specific historical context in which the notion became prominent. The consequence of the argument can be appreciated at two levels. First, it can be argued that even without the contingent ascendance of the notion of LEs, the field of IIL would likely have taken up a similar substantive trajectory. Second, this argument sheds light on questions about how a more substantial change in the regime might be effected, instead of merely reforming certain aspects of the regime without affecting its current premises, structure, substance, and teleology. By doing so, the contribution underlines the difficulties in articulating plausibly what would have made a difference in a particular legal regime.
‘Poisonous Flowers on the Dust-heap of a Dying Capitalism’
Authors: Staggs Kelsall Michelle 
Published: September 2021

Abstract
This chapter revisits the failure of negotiations for a United Nations Code of Conduct on Transnational Corporations—the final blow in the attempt to create a New International Economic Order to facilitate equitable resource distribution in the world economy in the final quarter of last century. The chapter invites us to consider failure in international law and to rethink the parameters through which law comes into being. Drawing on the archival record of the Code negotiations, the chapter details the battle between states’ representatives to agree provisions and reconsiders what disagreement meant in this context, and what this can tell us about the struggle to create international law at any moment. It argues that the proceedings shed light on a dissensus present in international law that is often overlooked and framed as consent. By revisiting these proceedings, readers are invited to consider the uncertain certainty provided by international law as both necessary and contingent: it allows the greatest space for state representatives to determine how international law will operate (contingency) yet it is precisely what enables international law to come into being as law (necessity). Pondering this uncertainty gives international lawyers pause for greater reflection on the possibilities contained within international law (and by extension, international lawyering) at any given moment in time.
Once We Were Slaves
Authors: Leibman Laura Arnold 
Published: September 2021

Abstract
An obsessive genealogist and descendant of one of the most prominent Jewish families since the American Revolution, Blanche Moses firmly believed her maternal ancestors were Sephardic grandees. Yet she found herself at a dead end when it came to her grandmother’s maternal line. Using family heirlooms to unlock the mystery of Moses’s ancestors, Once We Were Slaves overturns the reclusive heiress’s assumptions about her family history to reveal that her grandmother and great-uncle, Sarah and Isaac Brandon, actually began their lives as poor, Christian, and enslaved in Barbados. Tracing the siblings’ extraordinary journey throughout the Atlantic World, Leibman examines artifacts they left behind in Barbados, Suriname, London, Philadelphia, and, finally, New York to show how Sarah and Isaac were able to transform themselves and their lives, becoming free, wealthy, Jewish, and—at times—white. While their affluence made them unusual, their story mirrors that of the largely forgotten population of people with mixed African and Jewish ancestry that constituted as much as 10 percent of the Jewish communities in which the siblings lived, and sheds new light on the fluidity of race—as well as on the role of religion in racial shift—in the first half of the nineteenth century.
Synagogue Seats
Authors: Leibman Laura Arnold 
Published: September 2021

Abstract
Barbados’s floundering economy and racial strife pushed many Jews north to the United States, including Isaac Lopez Brandon and his former enslaver’s son, Moses Lopez. Once a prosperous Bridgetown store owner, Moses Lopez struggled in the cold North, settling first in New York, where his children attended the synagogue’s school, before moving on to Newport and Philadelphia. He reinvented himself as a doctor and dentist, but without much success. Religiously, he also floundered. In Barbados, Moses Lopez had helped run the synagogue, but Philadelphia’s congregation repeatedly refused his requests to become a member. It wasn’t until his mother died and he could pay off his debts and donate a chair that the synagogue took him in. Isaac, on the other hand, had better luck. His father and family paved his way through charitable donations. While not free from racism, Philadelphia was a place that valued self-made men, and Isaac fit right in.
This Liberal City
Authors: Leibman Laura Arnold 
Published: September 2021

Abstract
In July of 1820, Isaac Lopez Brandon and his mother landed in Philadelphia, where they joined the growing community of wealthy free people of color who flocked to the northern city from the South and the Caribbean. As in New York, in Philadelphia gradual emancipation led to new opportunities and instigated a racial backlash. While some Jewish Philadelphians worked on behalf of abolition, others owned the print shops and newspapers that published articles fomenting anti-Black ire. Money would ease the Brandons’ path. Philadelphia would be the first place that Isaac’s mother positioned herself not as Lopez or Gill, but as Mrs. Brandon, despite the fact there is no evidence she married Abraham Rodrigues Brandon. Behind the scenes, Abraham helped his niece’s husband secure a job as hazan (religious leader) of the congregation. As in New York, Sarah’s in-laws helped smooth their transition into Jewish life.