bluuebunny/crossref_metadata_2025_split huggingface dataset:
Substantive Equality in Constitutional Jurisprudence: Meaning Within Meaning
Authors: Trakman Leon E. 
Published: July 2016

The city…lists a host of nonracial factors which would seem to face a member of any racial group attempting to establish a new business enterprise, such as deficiencies in working capital, inability to meet bonding requirements, unfamiliarity with bidding procedures, and disability caused by an inadequate track record.To accept Richmond’s claim that past societal discrimination alone can serve as the basis for rigid racial preferences would be to open the door to competing claims for “remedial relief” for every disadvantaged group. The dream of a Nation of equal citizens in a society where race is irrelevant to personal opportunity and achievement would be lost in a mosaic of shifting preferences based on inherently unmeasurable claims of past wrongs… We think such a result would be contrary to both the letter and spirit of a constitutional provision whose central command is equality.The minority ownership policies…are aimed directly at the barriers that minorities face in entering the broadcasting industry. The Commission’s task force identified as key factors hampering the growth of minority ownership a lack of adequate financing, paucity of information regarding license availability, and broadcast inexperience.We hold that benign race-conscious measures mandated by Congress—even if those measures are not “remedial” in the sense of being designed to compensate victims of past governmental or societal discrimination—are constitutionally permissible to the extent that they serve important governmental objectives within the power of Congress and are substantially related to achievement of those objectives.The excerpts introducing this article are drawn from two recent decisions of the Supreme Court of the United States on equality rights. Illustrating the directional changes in the nature of equality rights, they vary from antagonism to ambivalence towards remedial relief for disadvantaged groups. In particular, they illustrate the current debate between traditional individual rights and a new communitarian conception of equality rights.
Gender Equality in a Dual-Sex System: the Case of Onitsha
Authors: Nzegwu Nkiru 
Published: July 2016

What is equality? How is it generally understood? What customs and norms produce its egalitarian features? What are its cultural and social markers?Preoccupied with these questions I readA Theory of Justice. It was a brilliant book, very much like chess. It told me a lot about white men’s dreaming and nothing about the life I know. My reality in North America tells me that equality as “autonomous and the same” is a dream only privileged white men can have. Not only are they the ones with the luxury to dream this myth. Only they are “by nature free and equal” to do so. Moreover, only they construe themselves as “the natural proprietor of (their) own person(s) and capacities owing nothing to society for them.” As all-powerful patriarchs, they have imperiously universalized their myth to conceal their social, political, legal, economic, military, educational, and professional privileges.
Hate Promotion and Freedom of Expression: Truth and Consequences
Authors: Fish Arthur 
Published: July 2016

........[he] pointed out the skill and art of the orator—how everything important to his purpose was said at the exact moment when he had brought the minds of his audience into the state most fitted to receive it; how he made steal into their minds, gradually and by insinuation, thoughts which, if expressed in a more direct manner would have aroused their opposition.From the Autobiography of John Stuart Mill
In Other Words: Putting Sex and Pornography in Context
Authors: Hutchinson Allan C. 
Published: July 2016

We cannot ask reason to take us across the gulfs of the absurd. Only the imagination can get us out of the eternal present.—Ursula Le GuinLaw controls sexuality not only by its coercive powers, but also through its discursive constructions. While there are other social forces and influences in play, sexual identities and sexual practices are framed within the ample reach of law’s linguistic domain. As well as enforcing prevailing moral norms and deciding the scope of socially-validated sexual behaviour, law also determines what counts as sex in the tableau of human behaviour. Although the relationship of law, sexuality and sex is always ideologically fraught, it is particularly so in regard to graphic representations of sex and sexuality. The debate around this so-calledpornographyhits a very sensitive nerve in the body politic. Indeed, in recent years, few social practices have managed to arouse as much intellectual angst and political anger as pornography. In part, this is because the debate seems to cut across traditional political lines; it sets traditional enemies against each other and fosters strange alliances among them. None of this should be too surprising as pornography touches profound issues which strike at the very heart of those dilemmas, difficulties and denials that comprise the human condition.
From Status to Treaty: Henry Sumner Maine’sInternational Law
Authors: Landauer Carl 
Published: July 2016

The article focuses on the overlooked volume of Henry Sumner Maine’s corpus, the posthumously published International Law and uses it to respond to the general critical difficulty in establishing Maine’s posture. Maine, of course, makes it difficult with the numerous contrapuntal moves of this book and others. For example, he strongly criticizes the predominant view of international law as an accretionary process of commentary by one theorist following another and yet he places tremendous value on Grotius, “whose works acted on the spirit of belligerency like a charm,” and other early international legal theorists. He sees his contemporary environment as marked by increasing militarization, even of militarization of society during time of peace, while he describes the relative humanity of the present over the distant past.Ultimately, Maine is a realist who focuses on late nineteenth-century manuals of war rather than the idealism of the Anglo-American peace movement, and recognizes the importance of Czar Alexander II over any of nineteenth-century international legal theorists. If J.W. Burrow has identified social evolution as providing Victorians an “intellectual resting-place” between theoretical clarity and social diversity, Maine’s broad social evolution allows him to mediate between the moral amelioration in international life and the practical realities of that life.
Judicial Activism: A Multidimensional Model
Authors: Cohn Margit , Kremnitzer Mordechai 
Published: July 2016

The article addresses the question of the role of the judiciary in the constitutional democratic state through an analysis of the concept of judicial activism. The model advanced in the article is based on a composite theory of the role of the judiciary, drawing on, and developing, Canon’s (1982) analysis of judicial activism and more recent multidimensional approaches to the assessment of judicial output. The article supplements the traditional vision of the judiciary as law enforcer in two directions. Drawing on the ‘constitutional dialogue/constitutional interdependence’ paradigm, the article perceives the judiciary as participant in a multi-player web of constitutional interactions, in which other government branches, individuals and public bodies participate in the decision making process; arguments on the omnipotency of the judiciary are thus replaced by a model of interdependency and interaction. The constitutionalist tradition serves as basis for the third vision, under which the judiciary is an active protector of core ‘thin’ societal values.These three visions of the role of the judiciary support a multidimensional analysis of judicial activism, under which judicial output is considered not only against pre-decision law, but also on the basis of post-decision dynamics and the value content of the decision.The model comprises seventeen distinct parameters, which include, inter alia, the degree of change in the law, interpretation techniques, interference with democratic processes, rhetoric, obiter dicta, reliance on comparative sources, the extent of the decision, and the complexity of the legal question brought before the court. Under this group of parameters, any change in the law, or action that extends beyond the mere settlement of the dispute before the court, would be considered activist. Additional parameters draw on the second vision of the role of the judiciary, and consider post-decision reaction of the legislature, the administration, the public and the judiciary itself as basis for supplementary assessment. In this context it is argued that a decision that is fully accepted and implemented by other members of the constitutional web should be viewed as less activist than a decision that is subsequently rejected; in the former case the decision conforms with societal consensus or equilibrium, while in the latter case, post-decision processes reflect judicial deviance from such consensus. A final parameter pertains to the value-content of the decision, under which a decision that promotes and protects core societal values should be considered less activist than one that intervenes in low-value policy areas. The model advanced in the article provides a basis for composite qualitative and quantitative assessments of the impact of the judiciary in the social and political spheres.
The Unrecognized Dominance of Law in Morality: The Case of Promises
Authors: Kedar Ronit Donyets 
Published: July 2016

The commonplace view is that moral thinking has significantly influenced legal theory, but law has had very little theoretical effect on morality. In this article, I attempt to show this is not so. Taking the inverse course in tracing the interrelations between law and morality – investigating morality from the perspective of law rather than examining law from the perspective of morality – I show, through the case of promises, that legal theory has greatly affected dominant strands of moral thought. By bringing to the fore the robust legal elements that guide some of the prevailing moral theories, my aim is to offer a new diagnosis of their problems, showing that the legal mindset is what distorts their moral analysis.I start by offering a list of law’s special underpinnings. Predicating law as a unique social phenomenon and, as such, as possessing certain features that distinguish it from other normative domains, this list, though not a definition of law as such, presents a sufficiently inclusive account of what it means for a normative theory to be legal or legal-oriented. This profile serves as a tool helping to discern, for the first time, the unrecognized influences of legal thinking on other normative domains, and to reveal whether, and to what extent, some normative accounts rest on and are affected by legal ideas, tools, terminology, and structure. Applying this model to the analysis of promises offered by such thinkers as Charles Fried, John Rawls, and T. M. Scanlon, I show how their legal mindset shapes their moral accounts of promises. My conclusions indicate that the unaccounted for influence of legal ideas on morality in general, and on the morality of promises in particular, leads to an unsatisfactory conception of both.
Martti Koskenniemi, the Mainstream, and Self-Reflectivity
Authors: D'ASPREMONT JEAN 
Published: July 2016

AbstractThis article argues that contemporary international lawyers all sing the same critical refrain but few have really confronted and integrated the critical attitude deployed in From Apology to Utopia. After the denial and perplexity of the first encounters with Martti Koskenniemi's work, international lawyers came to feel that they have domesticated the perplexity provoked by it. They now all enthuse about the new self-reflectivity that their victorious struggle with From Apology to Utopia supposedly allowed them to acquire. In sum, the contemporary self-proclaimed self-reflective international lawyers, after reading From Apology to Utopia, have returned to business as usual, continuing to let the discipline's vocabulary decide on their behalf.
From Apology to Utopia’s Conditions of Possibility
Authors: HASKELL JOHN 
Published: July 2016

AbstractMartti Koskenniemi's From Apology to Utopia is (rightly) considered a classic in international legal theory. The study tracks the oscillation of international legal argument over hundreds of years to reconcile seeming incongruencies: legal reasoning does not provide determinacy, but it brings weighted direction to political conflict; legal categories are amorphous, yet also an autonomous field of study. Though not commonly engaged, the methodological and theoretical posture of the book is significantly informed by a theory of history. This article focuses on this historical element within the text as a means to analyze some of its central claims and situate it within a broader sociology of knowledge production particular to late twentieth century legal academia.
Common Purpose Liability Versus Joint Perpetration: A Practical View on the ICC's Hierarchy of Liability Theories
Authors: CUPIDO MARJOLEIN 
Published: July 2016

AbstractOn 7 March 2014, Trial Chamber II of the International Criminal Court (ICC) convicted Germain Katanga for war crimes and crimes against humanity. Katanga's conviction is based on the concept of common purpose liability as regulated in Article 25(3)(d) of the Rome Statute. This liability theory establishes criminal responsibility for wilfully or knowingly contributing to the crimes of a group of persons who act together pursuant to a common purpose. The ICC regards common purpose liability as a residual liability theory, which provides for a lower level of blameworthiness than principal forms of criminal responsibility, such as joint perpetration. This article appraises the residual and inferior status of common purpose liability by comparing the ICC's application of common purpose liability and joint perpetration. The comparison makes clear that common purpose liability in theory stipulates loweractus reusandmens reastandards than joint perpetration. However, in practice the ICC applies the requirements of both these liability theories in a context-dependent way in interplay with the particular facts of individual cases. It can therefore not be concluded in general terms that common purpose liabilityby definitionconstitutes a less serious type of criminal responsibility than joint perpetration. Instead, it is preferable to adopt a flexible approach, which recognizes that common purpose liability covers a variety of conduct entailing different levels of blameworthiness.
Analytic Equivalence Relations and the Forcing Method
Authors: Zapletal Jindřich 
Published: July 2016

AbstractI describe several ways in which forcing arguments can be used to yield clean and conceptual proofs of nonreducibility, ergodicity and other results in the theory of analytic equivalence relations. In particular, I present simple Borel equivalence relationsE, Fsuch that a natural proof of nonreducibility ofEtoFuses the independence of the Singular Cardinal Hypothesis at ℵω.
On Formalism Freeness: Implementing Gödel's 1946 Princeton Bicentennial Lecture
Authors: Kennedy Juliette 
Published: July 2016

AbstractIn this paper we isolate a notion that we call “formalism freeness” from Gödel's 1946 Princeton Bicentennial Lecture, which asks for a transfer of the Turing analysis of computability to the cases of definability and provability. We suggest an implementation of Gödel's idea in the case of definability, via versions of the constructible hierarchy based on fragments of second order logic. We also trace the notion of formalism freeness in the very wide context of developments in mathematical logic in the 20th century.
Young adults’ responses to alternative messages describing a sugar-sweetened beverage price increase
Authors: Gollust Sarah E , Tang Xuyang , White James M , French Simone A , Runge Carlisle Ford , Rothman Alexander J 
Published: July 2016

AbstractObjectiveMany jurisdictions in the USA and globally are considering raising the prices of sugar-sweetened beverages (SSB) through taxes as a strategy to reduce their consumption. The objective of the present study was to identify whether the rationale provided for an SSB price increase affects young adults’ behavioural intentions and attitudes towards SSB.DesignParticipants were randomly assigned to receive one of eight SSB price increase rationales. Intentions to purchase SSB and attitudes about the product and policy were measured.SettingA forty-six-item cross-sectional Internet survey.SubjectsUndergraduate students (n 494) at a large US Midwestern university.ResultsRationale type was significantly associated with differences in participants’ purchasing intentions for the full sample (F7,485=2·53, P=0·014). Presenting the rationale for an SSB price increase as a user fee, an effort to reduce obesity, a strategy to offset health-care costs or to protect children led to lower SSB purchasing intentions compared with a message with no rationale. Rationale type was also significantly associated with differences in perceptions of soda companies (F7,485=2·10, P=0·043); among low consumers of SSB, messages describing the price increase as a user fee or tax led to more negative perceptions of soda companies.ConclusionsThe rationale attached to an SSB price increase could influence consumers. However, these message effects may depend on individuals’ level of SSB consumption.
Declines in traditional marine food intake and vitamin D levels from the 1960s to present in young Alaska Native women
Authors: O’Brien Diane M , Thummel Kenneth E , Bulkow Lisa R , Wang Zhican , Corbin Brittany , Klejka Joseph , Hopkins Scarlett E , Boyer Bert B , Hennessy Thomas W , Singleton Rosalyn 
Published: July 2016

AbstractObjectiveTo measure the trends in traditional marine food intake and serum vitamin D levels in Alaska Native women of childbearing age (20–29 years old) from the 1960s to the present.DesignWe measured a biomarker of traditional food intake, the δ15N value, and vitamin D level, as 25-hydroxycholecalciferol (25(OH)D3) concentration, in 100 serum samples from 20–29-year-old women archived in the Alaska Area Specimen Bank, selecting twenty-five per decade from the 1960s to the 1990s. We compared these with measurements of red-blood-cell δ15N values and serum 25(OH)D3concentrations from 20–29-year-old women from the same region collected during the 2000s and 2010s in a Center for Alaska Native Health Research study.SettingThe Yukon Kuskokwim Delta region of south-west Alaska.SubjectsAlaska Native women (n319) aged 20–29 years at the time of specimen collection.ResultsIntake of traditional marine foods, as measured by serum δ15N values, decreased significantly each decade from the 1960s through the 1990s, then remained constant from the 1990s through the present (F5,306=77·4,P<0·0001). Serum vitamin D concentrations also decreased from the 1960s to the present (F4,162=26·1,P<0·0001).ConclusionsConsumption of traditional marine foods by young Alaska Native women dropped significantly between the 1960s and the 1990s and was associated with a significant decline in serum vitamin D concentrations. Studies are needed to evaluate the promotion of traditional marine foods and routine vitamin D supplementation during pregnancy for this population.
The EU’s Area of Freedom, Security and Justice: A Lack of Fundamental Rights, Mutual Trust and Democracy?
Authors: Douglas-Scott Sionaidh 
Published: July 2016

Abstract
The EU’s ‘Area of Freedom, Security and Justice’ is a hugely important area covering criminal law, terrorism, immigration, visa control and civil justice, as well as the massive area of free movement of persons. What is clear, however, is that measures which fall within its scope have the capacity to alienate EU citizens rather than making them feel aware of their European identity in a positive sense. This chapter examines some of the measures taken by the EU in this broad field which cause particular concern, namely a lack of democratic and legal accountability as well as inadequate regard to human rights. It focuses in particular on two areas in which human rights protection in the EU has been undermined. The first is in the field of data protection. The second is in the field of suspects’ rights, particularly in the context of the European arrest warrant. The chapter concludes by considering why so many restrictions on freedom have been allowed to come about and suggests some possible solutions.
The Role of Exploitation in Abuse under Article 82 EC
Authors: Akman Pinar 
Published: July 2016

Abstract
There is a distinction between exclusionary and exploitative abuse. An exploitative abuse directly harms customers whilst an exclusionary abuse may indirectly harm consumers. Whilst the EC Commission expresses the objective of Article 82 EC as enhancing consumer welfare, its review of the application of Article 82 EC and its 2008 Guidance on enforcement priorities is limited to exclusionary abuses and excludes consideration of exploitative abuses. This chapter argues that exploitation—direct harm to the customer—is a necessary element of an Article 82 EC infringement. However, mere exploitation does not demonstrate harm to competition and without the latter exploitation should not be prohibited by Article 82 EC. It thus advocates a fusion of the exclusionary and exploitative analysis.
The Rationale of State Aid Control: A Return to Orthodoxy
Authors: Biondi Andrea 
Published: July 2016

Abstract
The prevailing view on the rationale for State aid control is that it should be the same as, or very similar to, the rationale for competition control. It is certainly true that State aid distorts competition, as the economic definition presupposes. However, there is a subtle difference between the two, and we should return to orthodoxy in our analysis of these two concepts. The rational for State aid control is in fact to be found in the logic of the internal market principles. The tools to be used in analysing it are not identical to those used in the antitrust context. Rather, the free movement perspective should be adopted, and most problems in the arena of State aid can be better understood when approached from that perspective. It is also true that State aid procedures can be used to monitor compliance with free movement rules, and so the functional identity between the two sets of provisions is confirmed. State aid is a regulatory restriction on freedom of movement, and State aid control is an essential part of the functioning of the internal market, and so it makes sense to treat it in the same way as any other regulatory measure which has such an effect.