bluuebunny/crossref_metadata_2025_split huggingface dataset:
Administrative Justice and Empirical Legal Research
Authors: Hertogh Marc 
Published: April 2021

AbstractFor many years, most studies on administrative justice were written from a doctrinal legal perspective. More recently, however, administrative justice has also become the subject of a growing body of empirical research. This chapter provides an overview of empirical administrative justice research in three fields: administrative decision-making, redress mechanisms, and the impact of redress mechanisms on administrative practice. In legal doctrine, ‘legal instrumentalism’ has become central to thinking about administrative justice. However, the findings from empirical research provide little support for the underlying assumptions of instrumentalism. In this way, empirical legal research forces us to rethink the relationship between administrative law and administrative justice. The chapter concludes that while in some cases law and legal institutions may be an effective instrument to promote administrative justice in other cases, the direct impact of law is severely limited and law may even have a negative effect on the quality of administrative justice.
Administrative Decision-Making on the Frontline
Authors: Martin Richard 
Published: April 2021

AbstractThis chapter explores decision-making at the frontline of public administration. It begins by asking what might be meant by ‘the frontline’, who frontline decision-makers are, and why they are worthy of study. It proceeds to identify the contribution of administrative justice scholarship to initial decision-making before sketching wider disciplinary engagement with frontline administration and the research methods adopted. With this platform in place, the chapter adopts the micro-, meso-, and macro- levels of sociological inquiry to structure the analysis of various factors that influence decision-making on the frontline. This main section of the chapter reviews empirical studies of administrative agencies, from tax inspectors and welfare-to-work officials to reviewers of criminal appeals and police officers. The chapter concludes by reflecting on what administrative justice’s particular analytical focus and scholarly preoccupations might yet offer the study of frontline decision-making, drawing attention to juridification, agency statutory interpretation, and ethical duties.
Administrative Adjudication
Authors: Lubbers Jeffrey S. 
Published: April 2021

Abstract
The US system of administrative adjudication in which our federal agencies decide disputes with private parties themselves with administrative hearings, with an internal appeal, followed by judicial review based on the administrative record in the federal courts is familiar to American lawyers. But that is not the system that is followed by most countries around the world—where agency decisions are typically made in a very informal manner, with any requested hearings taking place in administrative courts or tribunals and sometimes with further review in the ‘regular’ courts. This dichotomy between the US system of internal administrative adjudication and external administrative adjudication around the world reveals that the United States is the outlier. This chapter describes this dichotomy in more detail and examines its implication in terms of administrative justice and other qualitative measures of the different models.
Law Enforcement Organization Relationships with Prosecutors
Authors: Richman Daniel C. 
Published: April 2021

Abstract
Although police departments and prosecutor’s offices must closely collaborate, their organizational roles and networks, and the distinctive perspectives of their personnel, will inevitably and regularly lead to forceful dialogue and disruptive friction. Such friction can occasionally undermine thoughtful deliberation about public safety, the rule of law, and community values. Viewed more broadly, however, these interactions promote just such deliberation, which will become even healthier when the dialogue breaks out of the closed world of criminal justice bureaucracies and includes the public to which these bureaucracies are ultimately responsible. This chapter explores such organizational interactions and their value.
Community Prosecution and Building Trust Across a Racial Divide
Authors: Wright Ronald F. 
Published: April 2021

Abstract
Community prosecution seeks input from local groups to shape the priorities of the prosecutor’s office. Prosecutors who listen to the community aim to develop a relationship of trust between the community and the local prosecutor’s office; such outreach is especially valuable in connection with racial minority groups with a history of negative experiences with criminal justice actors. A community prosecution strategy calls for the office to work with community partners both upstream and downstream from the criminal courtroom. The upstream efforts involve diversion of defendants out of criminal proceedings and into treatment and accountability programs outside the courts. Downstream efforts include programs to promote the smooth re-entry of people returning to the community after serving a criminal sentence. Community prosecution is best accomplished in offices committed to collection and use of data, transparency, and accountability to the public.
Prosecutors and National Security
Authors: Roach Kent 
Published: April 2021

Abstract
This chapter examines the distinct operational and ethical challenges that prosecutors face in national security and especially terrorism cases. The second part of this chapter focuses on the operational challenges that prosecutors face. These include demands for specialization that may be difficult to fulfill given the relative rarity of national security prosecutions; the availability of special investigative powers not normally available in other criminal cases; exceptionally broad and complex offenses; and the demands of federalism and international cooperation. The third part examines ethical and normative challenges that run throughout the many operational aspects of the prosecutorial role in national security cases. These include the challenges of ensuring that often exceptional national security laws are enforced in a manner consistent with the rule of law and human rights. There are also challenges of maintaining an appropriate balance between legitimate claims of secrecy and legitimate demands for disclosure and between maintaining prosecutorial independence and discretion while recognizing the whole of government and whole of society effects of the many difficult decisions that prosecutors must make in national security cases.
Testing Charges
Authors: Fairfax Roger A. 
Published: April 2021

Abstract
The authority of the prosecutor to file charges is broad but not plenary. Legal systems create various mechanisms to test the quality of the evidence supporting the charges that the prosecutor files. This chapter describes and evaluates those mechanisms, including review of charges by judges, popular review of charges by grand juries and trial juries, and reconsideration of charges by prosecutors themselves. The intensity of the review of charges varies at different stages of the proceedings. The chapter compares the review available at the point of warranted arrest, warrantless arrest, grand jury, probable cause hearing, preliminary hearing, motion to dismiss, motion to suppress evidence, jury trial, bench trial, motion for judgment of acquittal, motion for new trial, appellate review of evidentiary sufficiency, and collateral proceedings.
International Investment Law as Transnational Law
Authors: Perrone Nicolás M. 
Published: April 2021

Abstract
This chapter examines the international investment regime through the lens of transnational law. It argues that this regime would not exist—or at least not in its current form—if it was not for the transnational ambition of some bankers, lawyers, and academics who dreamed of moving foreign investment relations beyond the traditional categories of public and private law and international and domestic law. The current normal in international investment law started with audacious treaty models, writings and awards. This chapter contrasts this approach with the important academic debates about this field, which have paradoxically focused on whether international investment law is public or private law or if international or domestic law should control foreign investment relations. To conclude, the chapter looks at the situation of local nonstate actors in foreign investor relations, examining whether they could also rely on audacious transnational legal thinking to protect their interests.
Transnational Law and Economic Sociology
Authors: Frerichs Sabine 
Published: April 2021

Abstract
Transnational law interacts in various ways with the law of the global economy. Students and experts of transnational law will therefore most likely come across economic arguments. Economic sociology questions mainstream economic perspectives, including their adaptations to the law, and also differs from new institutional economics. By integrating different levels of analysis, economic sociology, and related scholarship in critical political economy, seeks to provide a more comprehensive account of the interrelations of law, economy, and society—and of the rationalities at play. This chapter outlines an economic sociology of law which exposes the constructed nature of the law of the global economy and elucidates the elective affinity between law and economics, which also affects our understanding of transnational legal ordering. To reconstruct this tendency, the chapter develops the concept of the law of market society, which has a critical potential with regard to more conventional perspectives on transnational economic law.
Transnational Sustainability Governance and the Law
Authors: Paiement Phillip 
Published: April 2021

Abstract
Transnational governance raises challenging questions about the appropriate roles of legal institutions, states, and global markets in realizing and protecting social and environmental sustainability. Diverse groups of actors, ranging from multinational companies to grassroots social movements, engage in manifold strategies to respond to the consequences of economic globalization on local environments, precarious workers, and Indigenous and traditional communities. This chapter evaluates transnational governance activities in light of a dichotomy between two opposing globalizations, one which is focused on realizing economic solutions to the economic factors that threaten sustainability, the other which leverages the mobilization of bottom-up social movements to develop political responses. Through examples of private rulemaking, corporate self-regulation, transnational constitutional movements, extraterritorial legislation, and transnational litigation, this chapter identifies conflicts about the capacity of global markets to guarantee social and environmental sustainability, as well as the role of the contemporary state and its institutions in governing global market actors.
Terrorism and Transnational Law: Rules of Law under Conditions of Globalization
Authors: Murphy Cian C. 
Published: April 2021

Abstract
This chapter examines the relationship between law, terrorism, and globalization. Terrorism is the use of violence for political end. The terrorist attacks on September 11, 2001, and the response to the attacks have reshaped relationships between law and politics. That day marks a point of rupture—one consequence of which has been the increasing transnationalization of counterterrorism law, which exists in the space between and across rules of international peace and security, and national laws. Today, there is a growing appreciation of the intrinsic and causal links between activities of states and of international organizations to combat terrorism and the risk of further terrorist attacks. Globalization, terrorism, and the response to terrorism are all disruptors. Their interplay will reshape states and their authority for decades to come.
Democracy and Human Rights Adjudication in the Inter-American Legal Space
Authors: Urueña René 
Published: April 2021

Abstract
This chapter describes the emergence of the Inter-American transnational law of human rights, its doctrinal characteristics, and some its main challenges. It focuses on the practice of the Inter-American Court of Human Rights, and proposes the notion of an Inter-American legal space as a different (and more useful) prism than a hierarchical view of constitutionalism to think about the challenges of legitimacy and democracy in Inter-American human rights adjudication. Instead of thinking solely about national democracies, this chapter argues, it is useful to think of democracy in the context of an Inter-American legal space. While the balance between the appropriate Inter-American standard of review and the democratic pedigree of the primary decision is fundamental for the democratic legitimacy of the regional court, the notion of Inter-American legal space allows us to see that, in a context of human rights indeterminacy, such democratic balancing needs to be performed in reference to a regional (and not solely national) process of democratization, in which an Inter-American community of human rights practice will continue to play a central role.
Transnational Law and Feminist Legal Theory
Authors: Kapur Ratna 
Published: April 2021

Abstract
This chapter examines the relationship between transnational law (TL) and feminist legal theory (FLT), focusing on the specific historical and political trajectories advanced by FLT in the transnational context and how they influence understandings of gender, sex, and sexuality in law. It demonstrates how these concepts have come to be understood in women’s human rights campaigns against violence against women (VAW) in both the domestic and global contexts. The chapter sets out how these concepts have been taken up in FLT, which in this overview, includes the poststructural, queer, and postcolonial feminist critiques of these concepts. The chapter then illustrates how in the context of VAW, “solutions” have mainly taken the form of carceral measures and a general tightening of the sexual security regime. The chapter provides a fuller understanding of the transnational effects of FLT and its limitations as a progressive project.
Transnational Law and the Ethnography of Corporate Social Responsibility
Authors: Knöpfel Laura 
Published: April 2021

Abstract
This chapter introduces transnational law as a bridge-building modality between different forms of knowledge, internal as well as external to the law. It juxtaposes, in an exemplarily way, legal and anthropological knowledge about corporate social responsibility in global value chains in order to reveal transnational law’s faculty to find creative solutions to border-transcending human problems. It shows how nonlegal knowledge may inform on legal doctrine through an investigation of certain anthropological concepts—such as the gift and reciprocity, performance and the secular ritual, relational personhood and detachment. This chapter presents a way of ‘doing interdisciplinarity’ that avoids the danger of instrumentalizing nonlegal knowledge to find ‘better’ solutions to doctrinal problems. By drawing on transnational law as a methodology of mutual irritation and translation, this chapter pushes the boundaries of legal research into the pressing questions of corporate responsibility in entangled cross-border economic relations.s
The Postmodern Normative Anxiety of Transnational Legal Studies
Authors: Claudia Leonelli Giulia 
Published: April 2021

Abstract
This chapter seeks to establish whether a normative discourse on law’s legitimacy can be successfully reconstructed in the face of law’s increasing transnationalization. It explores the postmodern normative conundrum of transnational legal studies, highlighting the normative dilemmas of both Transnational Legal Pluralism and Transnational Legal Ordering theory. It then puts forward an alternative framing of “transnational law” and “transnational legal analysis”; this opens up new opportunities for an inquiry into law’s legitimacy through an application of Conflicts Law theory. After an overview of the merits of Conflicts Law, the chapter assesses the limits to its successful application. An inner tension exists between Conflicts Law theory’s modernist foundations and its application to increasingly complex legal and regulatory conflicts in the postmodern landscape. Against this overall backdrop, the chapter advocates a turn back to substantive, purposive forms of normativity and the rematerialization of law beyond the nation-state.
Beyond Borders and Across Legal Traditions: The Transnationalization of Latin American Lawyers
Authors: Gómez Manuel A. 
Published: April 2021

Abstract
Latin American lawyers have been usually acknowledged for their influence and involvement in the formation, organization, and functioning of the state. Since the political movements that led to the independence from the European colonial powers more than two centuries ago until today, lawyers have always been front and center in the life of every Latin American country. From their most obvious occupations as judges, advocates, and legislators, to several other less visible roles, legal professionals are both ubiquitous and important. The intensification of globalization in recent decades has inevitably affected the role of Latin American lawyers, thus compelling us to look beyond national borders. This chapter does precisely that. It examines the transnational dimension of Latin American lawyers by looking at the contributing factors that led to its development. The chapter describes some of the common traits of transnational lawyers in the region. This chapter also explores the rise of mass torts and consumer protection in Latin America, two of the most visible areas that showcase the transnationalization of legal practice. The time frame of this chapter is the last three decades, a period of important political, economic, and social developments across the region, and also for the legal professions globally. In a more general way, this chapter engages with the broader discussion about the transnationalization of law in contemporary society, and the transformation of the legal profession.
Transnational Legal Education in China
Authors: Minas Stephen 
Published: April 2021

Abstract
This chapter provides an overview of the transnational legal education in the People’s Republic of China. The developments of recent decades are situated within the historical context of the rebuilding of China’s legal system and profession following the Cultural Revolution. The chapter considers the motivations for law schools to transnationalize legal education, including government policy, market demand for transnationally capable lawyers, and competition between universities. Key developments in transnational legal education are identified, as are salient institutional case studies. The chapter concludes with a discussion of the prospects for Chinese transnational legal education to move beyond legal borrowing and reflect an emerging China-centered legal practice, exemplified by the Belt and Road Initiative.
Global Administrative Law: A Transnational Perspective
Authors: Ladeur Karl-Heinz 
Published: April 2021

Abstract
The most important phenomena attributable to the project of “global administrative law” (GAL) consists of rules, principles, practices, or procedures that have a more informal character and are generated from networks of public and private actors. The main characteristics of those rules is that they tend to be generated below the level of formal international treaties and that norm production occurs—at least in part—outside traditional formal modes of decision-making. However, some GAL norms including standards on products and services in particular, can have far reaching consequences as their factual weight is much more influential than domestic norms. GAL also develops new forms of procedure (e.g., voting) that are different from traditional international forms.
Artifacts, Symbols, and the Socio-cultural Dynamics of Niche Construction
Authors: Sinha Chris 
Published: April 2021

Abstract
Niche construction theory is a relatively new approach in the biological and socio-cultural sciences that seeks to integrate an ecological dimension into the Darwinian theory of evolution by natural selection. Language itself can be considered as a biocultural niche and evolutionary artifact. An analysis of the cognitive and semiotic status of artifacts, based upon a distinction between the fundamental semiotic relations of “counting as” and “standing for,” reveals that language as a social and semiotic system is not only grounded in embodied engagements with the material and social-interactional world, but also grounds a sub-class of artifacts of particular significance in the cultural history of human cognition. Symbolic cognitive artifacts inherit their representational function from language. They materially and semiotically mediate human cognition, and are not merely informational repositories, but co-agentively constitutive of culturally and historically emergent cognitive domains. Examples of this constitutive role of symbolic cognitive artifacts are drawn from the author’s research with his colleagues on cultural and linguistic conceptualizations of time, and their cultural variability. The implications of conceptualizing cognition as the co-agentive intermeshing of intersubjective and interobjective processes, lead to a distinction between the notion of “extended embodiment” as labeled here and other “extended mind” approaches.
Poetry
Authors: Lombardi Elena 
Published: April 2021

Abstract
‘AUIEO’ (Convivio IV, vi, 3): midway in his career, Dante explores an etymology for poetic authority that singles out poets as those who join together words with rhyme and rhythm. In his linguistic thought, Dante views poetry as a form of ‘binding’ that stabilizes and preserves the vernacular, and turns it into an established language (a ‘grammar’, like Latin or Greek), without annihilating the vitality of the natural language. This chapter argues that the reach of poetry in Dante’s work extends well beyond language, to become a true episteme that is able to accurately read and retell the world and even God. Disenfranchised from the burden of authenticity and authentication (and also from automatism and replication), the poet forges a new outlook on the universe, and endows poetry with powers of exploration and reflection, whilst still retaining its lyrical genetic code and its links to affectivity and individuality.
Encyclopaedism
Authors: Meier Franziska 
Published: April 2021

Abstract
At the beginning of the 1990s, the issue of whether and to what extent medieval encyclopaedias may have had an impact on Dante’s works seems to have been settled by Zygmunt Barański and Cesare Vasoli. Differently to their skeptical viewpoint, this chapter pleads for a reconsideration of the question by taking into account the results that almost thirty years of research on medieval encyclopaedias, their genres, their evolution, and the array of styles have brought to the fore. On the basis of this much more differentiated picture of how encyclopaedic writings organize knowledge, the chapter emphasizes the extent to which Dante’s Convivio may be placed within the range of experimental encyclopaedic forms that cropped up in the aftermath of Vincent of Beauvais’s Speculum. At the end, the chapter addresses encyclopaedic aspects in the Commedia.