bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Second New Deal and the Fourth Courtroom Wall
Authors: Weinrib Laura 
Published: May 2019

Abstract
This essay explores Marc Blitzstein’s 1937 labor opera, The Cradle Will Rock, as an assault on legal legitimacy. Since its famous first production—a pared-down performance in which actors delivered their parts from the house, improvised when the WPA canceled the scheduled opening of the controversial project—critics have emphasized Cradle’s indebtedness to the German playwright Bertolt Brecht, to whom Blitzstein dedicated the work. Consistent with Brecht’s Verfremdungseffekt, Blitzstein distances the audience from Cradle’s characters, substituting rational understanding for unreflective empathy. Like Brecht, he employs this theatrical device to expose the cultural and economic underpinnings of familiar social practices, including capitalism. Imported to the US context, the Brechtian reimagining of theatrical conventions resonated with a corresponding attack on formal legal justice. At the height of the New Deal’s crisis of legal legitimacy, Cradle depicts a judicial system baldly beholden to wealth and property. The anti-union steel magnate at the show’s center bribes and manipulates journalists, professionals, and public officials to promote his concept of “liberty,” namely, freedom from organized labor. By amplifying the effects of economic interests on legal outcomes while undermining empathy with the characters who facilitate and legitimate repression, Cradle invites the audience to consider its own complicity in law’s injustice.
Raisin, Race, and the Real Estate Revolution of the Early Twentieth Century
Authors: Rose Carol M. 
Published: May 2019

Abstract
Lorraine Hansberry’s hit play of 1957, A Raisin in the Sun, centered on the decision of an African American family in Chicago, the Youngers, to move to a house in a white neighborhood. The play is set in the post–World War II era, but many of its scenes and actions relate back to real estate practices that began at the turn of the century and that continued to evolve into the midcentury and to some degree beyond. During those decades, housing development and finance increased dramatically in scale, professionalization, and standardization. But in their concern for their predominantly white consumers’ preferences for segregation, real estate developers, brokers, financial institutions, and finally governmental agencies adopted standard practices that excluded African Americans from many housing opportunities and that then reinforced white preferences for housing segregation. Many seemingly minor features of the play reflect the way that African Americans had been sidelined in the earlier decades’ evolving real estate practices—not just the family’s overcrowded apartment, but also more subtle cues, such as the source of the initial funds for the new house, the methods for its finance, and the legal background of the white homeowners’ effort to discourage the purchase. This essay pinpoints these and other small clues, and describes how standardizing real estate practices dating from the turn of the century effectively crowded out African American consumers like the Youngers, with consequences that we continue to observe in modern patterns of urban segregation.
The Grapes of Wrath, Economics, and Luck
Authors: McAdams Richard H. 
Published: May 2019

Abstract
Economic success and failure are always, to some degree, a matter of luck. The degree of randomness and luck involved in economic outcomes is, for most people, relevant to their support for schemes of social insurance. But a substantial amount of psychology research suggests that Westerners, especially Americans, systematically and significantly underestimate the role of luck in economic outcomes. Just world theory suggests that people are motivated to interpret good and bad outcomes in the world as more merited or deserved than they actually are. With this social science perspective, I interpret John Steinbeck’s The Grapes of Wrath. The novel is most obviously a story about the struggle of labor in a capitalist world, about which much has been written. But the story was provocative and subversive in another way: focused relentlessly on luck, it strongly counters the tendency to underestimate the role of luck in economic outcomes. Contrary to conventional storytelling, as well as the reactionary counter-novels it spawned, hard work and moral decency are not rewarded.
Ancestral Roots
Authors: Jeung Russell M. , Fong Seanan S. , Kim Helen Jin 
Published: May 2019

Abstract
Chapter 2 offers a genealogical exploration of how Chinese traditions have shaped Chinese American religious affiliations and familism. Chinese adopt a plurality of beliefs for utilitarian purposes through their religious repertoire based in Chinese Popular Religion. Given their mixture of beliefs and practices that have no names, Chinese tend to identify as “nothing in particular.” Another factor contributing to the high rates of Chinese American religious nones is Confucian thought, which oriented Chinese society toward religious skepticism and an agnostic, symbolic interpretation of religious rituals. These twin approaches toward religion are the roots of modern-day Chinese atheism and agnosticism. Both reinforce the primacy of familial relations. These two traditions have undergone changes through modernization, migration, and the religious context in which they take root. The chapter ends with a survey of how these traditions have been transformed by Chinese state modernization, acculturation to the American context, and racialization.
The Yi of Family Sacrifice
Authors: Jeung Russell M. , Fong Seanan S. , Kim Helen Jin 
Published: May 2019

Abstract
Chapter 5 details Chinese Americans’ highest values and the central narrative by which they make sense of their lives: family sacrifice. Those under 30 tended to be “maximizing world-changers.” They desired to make a difference with their opportunities and careers. Those over 30 desired to be “expressive balancers,” seeking fulfillment by balancing work, community, and family. Both groups tempered these individualistic Americanized tendencies by expressing family sacrifice in three ways. First, they venerated the past, showing respect and honor to their ancestors and immigrant parents. Second, they gave back to their parents in culturally appropriate ways: hard work, good communication and food, and by including family in major decisions. Third, they centered their dreams for the future around family. The yi of Chinese Americans is an ethic of maintaining right relations with those whom one considers family.
Moral Development and Reality
Authors: Gibbs John C. 
Published: May 2019

Abstract
Moral Development and Reality explores the nature of morality, moral development, social behavior, and human connection. By comparing, contrasting, and going beyond the prominent theories mainly of Lawrence Kohlberg, Martin Hoffman, and Jonathan Haidt, the author addresses fundamental questions: What is morality, and how broad is the moral domain? Can we speak of moral development (Kohlberg, Hoffman), or is morality entirely relative to diverse cultures (Haidt)? What are the sources of moral motivation? What factors account for prosocial behavior? What are the typical social perspective-taking limitations of antisocial youths, and how can those limitations be remedied? Does moral development, including moments of moral inspiration, reflect a deeper reality? Exploring these questions elucidates the full range of moral development, from superficial perception to a deeper understanding and feeling. Included are foundations of morality and moral motivation; biology, social intuitions, and culture; social perspective-taking and development; the stage construct and developmental delay; moral exemplars and moral identity; cognitive distortions, social skills deficiencies, and cognitive behavioral interventions or moral education; and, finally, near-death experiences and the underpinnings of the social and moral world.
Introduction
Authors: Gibbs John C. 
Published: May 2019

Abstract
This chapter introduces not only the social perspective-taking central to morality, but also our theory-based exploration of moral development, behavior, and reality. Perspective-taking relates to both “the right” (justice, reciprocity, equality; Kohlberg’s theory) and “the good” (welfare, beneficence, empathy; Hoffman’s theory) of morality. The right (condition of reversibility) provides an objective basis for morality not recognized in relativistic moral theories such as Haidt’s (Chapter 2). The good may provide the broad moral referent for differentiated intuitions (e.g., loyalty, authority, purity) specified by Haidt. Chapters 3 and 4 address “the right” or the cognitive strand of moral motivation and development, whereas Chapter 5 addresses “the good” or the affective strand. Subsequent chapters (6 through 10) relate the theories of moral development to social behavior (prosocial, antisocial) as well as to a deeper reality of human connection
“The Right” and Moral Development
Authors: Gibbs John C. 
Published: May 2019

Abstract
This chapter explicates cognitive developmental themes in moral development. The attention of young children is readily captured by or centered on that which is immediate and salient in their sociomoral and non-social worlds. Just as centrations and superficiality characterize early childhood moral judgment, “decentration” and depth can be said to characterize the moral competence constructed in the school years and beyond. We relate morality to logic (cf. Piaget); explain that the ideals of justice or moral reciprocity are constructed, not merely enculturated, socialized, or internalized; explicate the role of peer interaction and social perspective-taking opportunities in this moral constructive process across diverse cultures; argue that justice can be a moral motive in its own right; and ponder issues in the concept and assessment of “stages” in the development of moral judgment.
“The Good” and Moral Development
Authors: Gibbs John C. 
Published: May 2019

Abstract
Social perspective-taking and development beyond the superficial also entail caring or feeling. Accordingly, we shift in this chapter from the right to the good, from justice to empathy, from the primarily cognitive to the primarily affective strand of moral motivation and development. We draw heavily on Hoffman’s theory, even as we also consider recent refinements, issues, and challenges (de Waal, Decety, Zahn-Waxler, Bloom). Much more than did Haidt, Hoffman has focused our attention on the role of empathy in moral development. Thanks to cognitive development, language development, and moral socialization, empathy progresses from biologically based responses to surface cues to a more complex and veridical emotional responsiveness to the joys, sufferings, and life situations of others. Attributions, inferences, and biases influence whether empathy eventuates in prosocial behavior. Within moral socialization, Hoffman focuses on parental practices of discipline (especially, “inductions” that make salient the perspectives of others hurt by the child’s transgression). The chapter concludes that Hoffman’s theory withstands recent challenges, and argues for co-primacy (both empathy and justice) in moral motivation.
Litigation Issues
Authors: Rechtschaffen Alan N. 
Published: May 2019

Abstract
Losses in capital markets inevitably lead to litigation. In the trading context, liability stems from the nature of the relationship of the parties involved in a particular transaction. The plaintiff in litigation will look to common law as well as to the federal securities and commodity laws to find a violation that might support a private cause of action. This chapter discusses federal securities law, common law theories, and state “Blue Sky Laws.” Topics covered include the Securities Exchange Act of 1934, Securities Act of 1933, liability under the Commodity Exchange Act, breach of fiduciary duty, common law fraud, shingle theory, tort theory, and contract theory.
Taxation and Human Rights
Authors: Avi-Yonah Reuven S. , Mazzoni Gianluca 
Published: May 2019

Abstract
This chapter assesses the appropriate balance between strengthening tax revenue collection tools to ensure states have adequate resources to meet their human rights obligations, and protecting taxpayer rights to privacy and data security. On the one hand, the ability of rich residents of developing countries and multinational corporations operating in those countries to evade or avoid taxation is directly linked to violations of human rights in those countries, especially from the perspective of social and economic rights like health and education. Providing such countries with the means to fight back and collect adequate revenues is essential in advancing such rights. On the other hand, some of the techniques used to achieve adequate revenue collection, like automatic exchange of information (AEoI) and country-by-country reporting (CbCR), risk violating other human rights like privacy and the legitimate protection of trade secrets.
How Countries Should Share Tax Information
Authors: Cockfield Arthur J. 
Published: May 2019

Abstract
This chapter looks at exchange of information (EOI) policies, proposing several ways to make EOI policies fairer and more efficient, so as to maximize their potential to reduce illicit financial flows and curb abusive tax practices that undermine human rights. While there appears increasing policy and academic support for EOI initiatives that promote global financial transparency, the current international tax regime, with its high transaction costs for taxpayers and tax authorities, does not seem particularly amenable to producing optimal outcomes. The chapter then emphasizes how, to promote enforceability, the ideal EOI system delivers high-quality tax information while providing needed legal protections for taxpayer privacy. The exchange and usage of high-quality tax information would reduce transaction costs for tax authorities as they could more readily identify taxpayers engaged in offshore tax evasion and aggressive international tax planning.
Creating a Human Rights Framework for Mapping and Addressing Corporate Tax Abuses
Authors: Kohonen Matti , Sarin Radhika , Boerrild Troels , Livingston Ewan 
Published: May 2019

Abstract
This chapter identifies several areas of convergence between the fields of tax policy and human rights. These include the concept of the corporation as a unitary entity; the notion of extraterritorial impacts and obligations of states and corporations; and the risks of corporate personhood. These principles are all highly relevant to corporations’ human rights due diligence and risk assessment of their tax policies. Applying a business and human rights perspective to international tax law can clarify responsibilities of companies toward their other stakeholders as well as their relationship with subsidiaries and business partners in terms of responsible tax conduct. The chapter then explores two dimensions of the human rights impacts of tax-related corporate decisions: impacts mediated by the state and impacts not mediated by the state.
Inequality, Taxation, and Public Transfers in Latin America
Authors: Hanni Michael , Martner Ricardo 
Published: May 2019

Abstract
This chapter looks at inequality trends and the redistributive potential of fiscal policies in Latin America. It suggests that increased mobilization of tax revenues from the middle class, the segment of society with the highest “tax morale,” could help rectify the frayed fiscal compact—the fragile agreement between the governed and the government about what sums the former owe as taxpayers and what services the latter provides in return. A new fiscal compact might be constructed around the Sustainable Development Goals, through a holistic approach focused on public tax revenues and spending priorities. The chapter then emphasizes the need to rely on direct taxation, which could help close the gap between the rich and the poor and improve the realization of human rights; to maximize the potential redistributive impacts of taxes and transfers; and to improve service delivery.
How Democratic Practice Varies by Country
Authors: Fishman Robert M. 
Published: May 2019

Abstract
This chapter introduces the theme of variation among democracies and the book’s new approach to this question. The major outlines of the book’s argument and of its placement in existing literatures are presented. The chapter also provides a working definition of the main concepts—such as democratic practice—that are used in the analysis. The chapter also explains why the empirical work focuses on Spain and Portugal, highlighting the usefulness of this paired comparison as a near natural experiment. Although the neighboring countries have a long history of structural similarity and political parallelism, they moved from dictatorship to democracy through virtually polar opposite pathways of change in the 1970s. The work is placed in the context of studies on democracy, democratization, critical junctures, and culture. The implications of the book for the pursuit of political equality and inclusion are discussed. The content of the book’s eight chapters is outlined.
Democratic Practice in Action
Authors: Fishman Robert M. 
Published: May 2019

Abstract
This chapter provides multiple types of evidence on the large difference between Portugal and Spain in the treatment provided to political “outsiders” and in the degree to which they are included in institutionally important “conversations” about politics and government. Much of the discussion focuses on interactions between protesters and institutional power holders—an arena of conduct in which the two countries are fundamentally different. Various paired comparisons of similar incidents in the two countries are taken up. Evidence from survey research and from the experience of participatory initiatives such as participatory budgeting is also discussed. The chapter also examines evidence from two crucial secondary institutions, the educational system and the mass media. These varied forms of evidence coincide in showing that Portugal’s post-revolutionary democratic practice is inclusionary, emphasizing complementarities between institutional power and the expression of citizen sentiments elsewhere, whereas Spain’s democratic practice is segmented and often exclusionary.
How Democratic Practice Matters
Authors: Fishman Robert M. 
Published: May 2019

Abstract
This chapter examines a large range of consequences of what the book conceptualizes as “the Iberian divide in political inclusion,” that is, the major contrast between Portugal and Spain in democratic practice. The analysis shows that Portugal has made more progress than Spain creating employment, limiting poverty, and improving educational outcomes. Contrasts in the evolution of the welfare state are taken up along with explanations for the major difference between the neighboring countries in the magnitude of unemployment. Differences in cultural tastes and in patterns of civic engagement are also examined. The chapter identifies and considers possible lines of criticism of the analysis. Evidence from two important test cases that developed after the book’s theoretical claims had been developed in initial form—namely the exogenous shock of the Great Recession and the conflict over the demand for Catalan independence—are taken up separately in other chapters.
Economic Conditions
Authors: Venkataramani Atheendar S. , Tsai Alexander C. 
Published: May 2019

Abstract
Economic conditions are among the core conditions that shape health in any environment. Within cities, where populations are living in much greater proximity than in other areas, economic conditions are often the gateway to those resources that can create health. At the same time, economic gaps can undermine the urban social fabric, challenging social cohesion and limiting urban development and capacity. This chapter discusses how economic conditions are a core feature of the urban environment, an ineluctable determinant of health in urban populations.
Children and Adolescents in Cities
Authors: Suglia Shakira F. 
Published: May 2019

Abstract
A life course approach posits that early experiences are deeply influential on our later behaviors and characteristics, including our health. This puts a particular premium on thinking about early life as a determinant of the health of populations. The urban environment is a particular environment for children and adolescents, creating tremendous opportunities for exposure to diverse populations and cultural experiences that can be enriching and a complement to an effective formal education. However, urban environments also present challenges to young people, ranging from safety in the face of multiple environmental exposures to limitations many young people may have in accessing salutary resources. This chapter discusses the opportunities and challenges that urban environments represent for childhood and adolescence and how optimizing urban environments to promote healthy childhood and adolescence can make critical contributions to the health of urban populations.
Healthy Places to Play, Learn, and Develop
Authors: Boynton-Jarrett Renée 
Published: May 2019

Abstract
The urban environment is characterized by human-made spaces, by environments that are created to allow large numbers of people to coexist. These spaces literally shape where and how we play and work, representing an enormous opportunity for urban spaces to influence all aspects of our daily life—including our health. Although abundant urban areas have emerged over the past decades that disincentivize healthy living, innovation around the world is providing examples of approaches to urban design that generates healthy and safe places to play and work. This chapter provides a framework for thinking about the creation of urban spaces, about how the physical environment influences health, and how, to that end, we can create healthy physical environments to improve the health of urban populations.
Climate Change and the Health of Urban Populations
Authors: Kinney Patrick L. 
Published: May 2019

Abstract
Global climate change represents one of the sentinel changes the world is facing and that will threaten population health in this century. In the context of urban health, climate change threatens to increase urban heat island effects, to change exposure to pollution, and to increase urban residents’ risk of exposure to natural disasters, among other phenomena. And yet urban innovation is central to the longer term solution to climate change from the development of innovative approaches that reduce cities’ carbon footprint to initiatives that increase urban resilience in the face of climate change threats. This chapter discusses the threat that climate change poses for urban populations and potential approaches that can mitigate this challenge toward improving urban health.
Crime and Criminal Justice in Cities
Authors: Vogel Matt , Messner Steven F. 
Published: May 2019

Abstract
Urban areas in popular imagination are characterized by crime and challenges to safety. And yet this is often far from the truth. However, crime remains a real issue in some cities and is often a feature of social disorder in rapidly growing cities worldwide. Complicating how crime shapes the health of urban populations has been the role of criminal justice systems that have, time and again, overreacted to the threat of crime and implemented harsh punishment that disproportionately penalizes minority and marginalized populations. This chapter provides a framework that can help us think about crime and criminal justice in cities, discussing how we may improve criminal justice systems to ensure public safety while minimizing unwarranted harms while moving toward improving the health of urban populations.