bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Politics of Teaching Biopolitics
Authors: Gugin David A. 
Published: February 2017

Curriculum change in colleges and universities depends in some situations on issues other than the substance or content of the proposed changes.If introduction of courses such as those which incorporate the literature of biopolitics take the interdisciplinary form, the innovator must develop appropriate political strategies and tactics. The particular politics so developed must identify critical environmental constraints, including departmental jurisdiction, the prevailing reward structure within the institution, and relative importance of the formal and informal governance procedures.Most critical in certain relatively small and not particularly “bureaucratized” institutions are the attitude of the institution's president toward academic innovation and the degree of threat posed by the new course to the traditional turf of relevant departments. If presidential and vice presidential support for academic innovation are widely perceived and if departmental concerns are satisfied, much latitude for the persistent academic politician exists.It is entirely possible that a politics which understands and accepts the institution's formal and informal governance procedures is more critical than the content of proposed courses even when the course content is biopolitics.
Teaching Politics to Nurses
Authors: Bristol Terry 
Published: February 2017

Nurses, as other life science students, have been prejudiced against politics, imagining that it only contaminates techno-scientific enterprises. However, the new, professional nurse is aware of the need for political understanding and political skills. The transformation of the socio-economic status of the health care industry from a social service to a business provides an excellent opportunity for introducing the nursing student to political thought in a positive conjunction with practical analysis.To generate a credible metapolitical framework, I embrace rather than avoid the current problems about the nature of the subject matter of politics. An aggressive, philosophically informed attack on the myth of autonomous, objective science opens the student's intellectual map of reality, and lays the groundwork for a proposed (paradoxical) complementarity of the two traditional models: politics as a science and politics as a humanity. This uncomfortable, middle ground position, abandoning any global Rationalism, again makes historical and contemporary case studies a relevant—in fact essential—part of political education. This is an effective approach to introducing the nursing student, whose education is dominated by classical, rationalistic, scientific images, to political studies.
International Relations Theory, Biotechnology, and War
Authors: Russell Alan M. 
Published: February 2017

As a field of study international relations has always been concerned with the problem of war. Since the second world war much attention has been given to the impact of weapons of mass destruction, most commonly in the form of nuclear weapons. More recently, a wider variety of issues have been addressed by the field, notably widening its coverage of economic, welfare and social issues. Three broad approaches to international relations have emerged: political realism, pluralism, and globalism.Biotechnology represents a major technological revolution which will have enormous impact on the world at many levels. One impact which cannot be ignored is its potential for weaponry. This paper assesses the three international relations approaches with respect to their elucidation of biotechnology and its potential for violent and aggressive applications.
Book Reviews: Degler - In Search of Human Nature: The Decline and Revival of Darwinism in American Social ThoughtCarl N. Degler New York: Oxford University Press, 1991, 400 pp. US$24.95 cloth. ISBN 0-19-506380-5. Oxford University Press, 200 Madison Ave., New York, NY 10016, USA.
Authors: Losco Joseph 
Published: February 2017

PrécisHistorian and Pulitzer Prize winner Carl Degler analyzes the reasons for Darwinism's fall from favor among American social scientists throughout the early and mid-twentieth century and for its revival in recent years. The work is divided into four parts. In the first part, Degler reviews the impact of Darwin on turn-of-the-century social science and its association with the politics of IQ testing, eugenics, and racism. He denies, however, that social scientists of either Darwinian or anti-Darwinian stripe had any real impact on policies like restrictive immigration laws. In Part II, Degler reconstructs the history of the rise of culture as an explanatory concept and its dissociation from biological roots. Degler explains that much of this movement is attributable to ideological factors and not merely to the results of research. Special emphasis is placed upon the influence of Franz Boas, but the work of Margaret Mead, John Watson, and B. F. Skinner is also examined. Part III examines the resurrection of biological modes of thinking in sociology, psychology, philosophy, and political science in the 1960s and 1970s, largely as a result of the convergence of two factors: (1) dissatisfaction with prevailing social science theory, and (2) new discoveries in the life sciences. Degler finds recent use of biology in the social sciences less deterministic and more egalitarian in orientation than the social Darwinism of an earlier era. In his epilogue, Degler explores recent studies in animal awareness to discern future patterns in biologically based social science, including the potential for greater understanding of the biological roots of human morality.
The AGOA Extension and Enhancement Act of 2015, the SA–US AGOA negotiations and the Future of AGOA
Authors: ISMAIL FAIZEL 
Published: February 2017

AbstractThe African Growth and Opportunity Act (AGOA) is a non-reciprocal preferential trade programme that the US offers to 49 sub-Saharan African countries. President Obama's decision to extend AGOA, which was set to expire at the end of September 2015, for another ten years (2015 to 2025), was highly controversial. The Extension and Enhancement of AGOA Act, signed into law by President Obama, on the 29 June 2015, had thus included many new provisions to incorporate the views of the US Congress on the implementation of the ten-year extension and the future trajectory of AGOA. In this paper, the new Extension and Enhancement of AGOA Act is analysed to elucidate the new and additional powers that the new AGOA Act provides the US Congress, the US Administration, and US business lobbies, and the implications of these changes for sub-Saharan African countries. At least three new trends in the 2015 AGOA Act can be identified: payment for preferences, institutional attrition, and a shift to reciprocity. These trends, it is argued in this paper, are potentially contrary to a more mutually beneficial relationship between the US and Africa. The paper offers some reflections on the future of AGOA.
Delirium in the intensive care setting: A reevaluation of the validity of the CAM–ICU and ICDSC versus the DSM–IV–TR in determining a diagnosis of delirium as part of the daily clinical routine
Authors: Boettger Soenke , Nuñez David Garcia , Meyer Rafael , Richter André , Fernandez Susana Franco , Rudiger Alain , Schubert Maria , Jenewein Josef 
Published: February 2017

ABSTRACTBackground:In the intensive care setting, delirium is a common occurrence that comes with subsequent adversities. Therefore, several instruments have been developed to screen for and detect delirium. Their validity and psychometric properties, however, remain controversial.Method:In this prospective cohort study, the Confusion Assessment Method for the Intensive Care Unit (CAM–ICU) and the Intensive Care Delirium Screening Checklist (ICDSC) were evaluated versus the DSM–IV–TR in the diagnosis of delirium with respect to their validity and psychometric properties.Results:Out of some 289 patients, 210 with matching CAM–ICU, ICDSC, and DSM–IV–TR diagnoses were included. Between the scales, the prevalence of delirium ranged from 23.3% with the CAM–ICU, to 30.5% with the ICDSC, to 43.8% with the DSM–IV–TR criteria. The CAM–ICU showed only moderate concurrent validity (Cohen's κ = 0.44) and sensitivity (50%), but high specificity (95%). The ICDSC also reached moderate agreement (Cohen's κ = 0.60) and sensitivity (63%) while being very specific (95%). Between the CAM–ICU and the ICDSC, the concurrent validity was again only moderate (Cohen's κ = 0.56); however, the ICDSC yielded higher sensitivity and specificity (78 and 83%, respectively).Significance of Results:In the daily clinical routine, neither the CAM–ICU nor the ICDSC, common tools used in screening and detecting delirium in the intensive care setting, reached sufficient concurrent validity; nor did they outperform the DSM–IV–TR diagnostic criteria with respect to sensitivity or positive prediction, but they were very specific. Thus, the non-prediction by the CAM–ICU or ICDSC did not refute the presence of delirium. Between the CAM–ICU and ICDSC, the ICDSC proved to be the more accurate instrument.
The Birth of the European Journal of Risk Regulation
Authors: Alemanno Alberto 
Published: February 2017

I am delighted to announce the birth of the European Journal of Risk Regulation. This new academic journal reflects the growing importance of both national and European regulations intended to protect health, safety, security and the environment – as well as the accompanying institutional challenges for the European Union governance.This large body of law is known as risk regulation. It seeks to reduce the risks of harm to individuals and society, stemming from all threats whether industrial or natural, voluntary or involuntary. Arguably, this portion of EU legislation already represents the most important and widespread part of the internal market acquis and, due to its international success, it contributes to make the EU a de facto global regulator. As such, it provides a new and valuable lens through which to analyse the European integration process.
Humanizing Cost-Benefit Analysis
Authors: Sunstein Cass R. 
Published: February 2017

In the last twenty months, the Obama Administration has been taking an approach to regulation that is distinctive in three ways.First, we have approached regulatory problems not with dogma or guesswork, but with the best available evidence of how people really behave.Second, we have used cost-benefit analysis in a highly disciplined way, not to reduce difficult questions to problems of arithmetic, but as a pragmatic tool for cataloguing, assessing, reassessing, and publicizing the human consequences of regulation – and for obtaining public comment on our analysis. This emphasis on human consequences – on reducing or eliminating unjustified burdens on the private sector and on ensuring that high costs are justified by high benefits – is especially important in a period of economic difficulty. We have worked to put into place important safeguards while also making regulation compatible with the economic recovery, and while reducing the risk that costly regulations will have adverse effects on job creation, wages, prices, and economic growth as a whole.
How Deep Should We Go? – Searching for an Appropriate Standard of Review in the SPS Cases
Authors: Gruszczynski Lukasz 
Published: February 2017

Although the applicable standard of review under Articles 2.2/5.1 of the SPS Agreement is not de novo, an investigation of the WTO panel remains intrusive in terms of objectivity and coherence of risk assessment. Moreover, the panel's review does not end with a final conclusion reached by the WTO Member in the risk assessment. It also extends to the quality of the reasoning and the intermediate interferences that led to the conclusion. If a WTO Member exercises expert judgment in its risk assessment, this needs to be sufficiently transparent and well documented (author's headnote).The obligations of Article 5.1 and 5.6 are distinctive and independent from each other. Therefore, a violation of the first provision does not imply infringement of the latter one (author's headnote).
The Carmen Media Case – The Expected Catalyst from Brussels for a New Approach to German Gambling Law?
Authors: Spindler Gerald , Hambach Wulf , Berberich Bernd 
Published: February 2017

Billions of Euros of turnover are generated every year from games of chance. The legal framework conditions regulating this branch of the economy vary significantly within the European Union. Whilst in many countries such as Germany the state has a dominating monopoly position, other Member States, such as Denmark, France and Italy, have made moves towards a consistent partial liberalisation. These different framework conditions lead to problems, increasingly so as the European internal market is otherwise growing closer together. This is especially evident in the area of online gambling which, due to the structure of this medium, is not restricted by national boundaries, but must nevertheless not constitute a legal no man's land.Against this background, it appears logical for the European Court of Justice (ECJ), on the occasion of the submission of cases by Member State courts pursuant to Art. 267 of the Treaty on the functioning of the European Union (TFEU) (previously Art. 234 EC), to repeatedly have called for the examination of national gambling regulations with regard to their compliance with Union law, as the ECJ's standing jurisdiction acknowledges that a (national) state monopoly for cross-border issues represents a violation of the freedom of establishment as set out in Art. 56 TFEU (previously Art. 49 EC) or the freedom of establishment as set out in Art. 49 TFEU (previously Art. 43 EC) respectively. Such restrictions of gambling activities may, however, be justified by matters of overriding general interest.
Conflicting Notifications in the EU's Rapid Alert System for Food and Feed (RASFF): ‘Destabilization’ in Food Risk Communication?
Authors: Lawless James 
Published: February 2017

Case T-212/06, Bowland Dairy Products Ltd v. CommissionThe Commission, as co-ordinator of the Rapid Alert System for Food and Feed (RASFF), is not entitled to refuse the circulation of a supplementary notification made by a Member State to the system, regardless of its own reservations about the content of that notification. This is in accordance with the non-hierarchical nature of RASFF as a form of risk information exchange envisaged in Article 50 of Regulation 178/2002. However, as the Commission itself is also a member of this network it may legitimately make notifications to the system which directly conflict with notifications made by Member States (author's headnote).
An Illegitimate Decision to Withdraw Medicinal Products from the Market: Any Room for Compensation?
Authors: Salvatore Vincenzo 
Published: February 2017

Case T-429/05 Artegodan GmbH v. CommissionThe infringement of Article 11 of Directive 65/65/EEC and of the proportionality principle are not per se sufficient to require the Commission to provide the applicant with compensation for the damages suffered if they are the result of a decision on the withdrawal of a marketing authorisation should this authorisation be deemed illegitimate and subsequently annulled by the Court (author's headnote).
Again: No Direct Effect of the Most-Favoured-Nation Clause
Authors: Simon Sven 
Published: February 2017

Case C-160/09 Ioannis Katsivardas – Nikolaos Tsitsikas OE v. Ipourgos IkonomikonArticle 4 of the Cooperation Agreement concluded between the European Economic Community, of the one part, and the Cartagena Agreement and the member countries thereof – Bolivia, Colombia, Ecuador, Peru and Venezuela – of the other part, approved by Council Regulation (EEC) No 1591/84 of 4 June 1984, is not such as to confer on individuals rights upon which they might rely before the courts of a Member State (official headnote).
Prior Authorisation Schemes: Trade Barriers in Need of Scientific Justification
Authors: van der Meulen Bernd 
Published: February 2017

Case C-333/08 Commission v. French Republic ‘processing aids’ [2010] ECR-0000French prior authorisation scheme for processing aids in food production infringes upon Article 34 TFEU1.A prior authorisation scheme not complying with the principle of proportionality, infringes upon Article 34 TFEU.2.A correct application of the precautionary principle presupposes, first, identification of the potentially negative consequences for health, and, secondly, a comprehensive assessment of the risk to health based on the most reliable scientific data available and the most recent results of international research.3.A Member State cannot justify a systematic and untargeted prior authorisation scheme by pleading the impossibility of carrying out more exhaustive prior examinations by reason of the considerable quantity of products which may be used or by reason of the fact that manufacturing processes are constantly changing. (author's headnotes)
Possibilities for Locus Standi and Non-Contractual Damages for Private Parties under the European Emissions Trading Scheme
Authors: van Zeben Josephine 
Published: February 2017

Case T-16/04, Arcelor SA v. European Parliament and Council of the European Union nyr1.The applicant has failed to demonstrate that, in adopting the contested Directive, the Community legislature acted unlawfully or committed a sufficiently serious breach of a rule of law designed to confer rights on the applicant.2.Consequently, the application for damages must be rejected without there being any need to rule on the other conditions giving rise to non-contractual liability on the part of the Community or on the plea of inadmissibility raised raised by the Council in relation to certain annexes to the reply. (official headnotes)
Food
Authors: Nilsson Kristine Lilholt 
Published: February 2017

Article 14 of EU General Food Law Regulation1 178/2002 provides that a food product may not be placed on the market if it is unsafe. Article 19 of the Regulation imposes an obligation on food business operators to withdraw a product if they have reason to believe that it poses a health risk. Though it seems obvious that unsafe foods should be withdrawn from the market, the matter of when exactly a food product can be considered unsafe often leads to discussion. How much room is there for doubt as to the safety of a product and how many obligations do the provisions impose on food business operators? While it is ultimately always up to the courts to decide, on a day-to-day basis food business operators need to navigate within the interpretations of these provisions made by national authorities.This report will discuss the topic in the light of two recent Danish cases that have highlighted the problems that can arise in this context – especially concerning the legal rights of the food business operators involved.
Regulatory Impact Assessment
Authors: Allio Lorenzo 
Published: February 2017

The Swiss Federal Council (FC, the Swiss government) published a report on reducing administrative burdens on business in August 2011, in which it addressed also the performance of Regulatory Impact Analysis (RIA) at the federal level. The report reviews the measures undertaken by the FC since 2007 and sketches initiatives to be launched throughout the next four years. Administrative simplification and the reduction of regulatory costs have gained on relevance in the Swiss policy and political debate in the past few months – not least as a part of the campaign for the national political elections held in October 2011, with the economic crisis as a background. A national political party has launched a popular initiative against over-bureaucratisation, and the issue is brought forward by a number of stakeholders too.The August 2011 report also fits into a wider debate about the legitimacy of RIA systems and the right balance between their effectiveness and efficiency. This brief note draws from a comprehensive evaluation of the system of in-depth RIAs in Switzerland, which supported the government's report and developed some avenues for further investigating those dimensions.
Fundamental Freedoms Strengthen the Rights of Patients (again)
Authors: Weiss Alexander 
Published: February 2017

Case C-255/09 Commission v PortugalThe Portuguese Republic has failed to fulfil its obligations under Article 49 EC (Article 56 TFEU) by making no provision for reimbursement of non-hospital medical care provided in another Member State which does not involve the use of major and costly equipment exhaustively listed in the national legislation, other than in the circumstances specified in Regulation (EEC) No 1408/71 […] or, to the extent that Decree-Law No 177/92 allows reimbursement in respect of such care, by making such reimbursement subject to prior authorization (official headnote).
Corporate Governance as Risk Regulation in China: A Comparative View of Risk Oversight, Risk Management, and Accountability
Authors: Ho Virginia Harper 
Published: February 2017

Risk management and oversight have long been recognized as core corporate governance issues and have gained renewed attention in the wake of the financial crisis. Recent corporate governance reforms in China follow these global trends. This article is the first to examine the intersections between corporate governance and risk regulation in China from a comparative perspective. It surveys corporate governance tools that have been adopted by Chinese regulators and firms to motivate effective risk oversight and risk management across the corporate enterprise, focusing on China's regulation of internal controls and risk management systems. These internal mechanisms are particularly important given the widely recognized limits of external monitoring and enforcement mechanisms in China.This article observes that recent guidelines on enterprise risk management (ERM) and internal controls reflect international corporate governance standards and that China adopts a broad perspective on risk oversight that extends to both financial and non-financial risks. China's adoption of international models offers a new opportunity to reexamine longstanding debates on the potential for global corporate governance convergence. This article argues that China has adopted a regulatory approach to internal risk oversight and management that is consistent with its historical law reform trajectory, the reality of China's state-dominated equity markets, and the continued influence of the state on firm management. Its conclusions support the literature on the path dependency of corporate governance systems and prior comparative studies of corporate governance in China that find convergence of form but divergence of function.
On the Concept of Capacity of Exempted Insurance Institutions: Who's next?
Authors: Mantrov Vadim 
Published: February 2017

Case C-82/10, European Commission v Ireland [2011] ECR I-00000Article 4 of the First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance, as amended and repealed by the Solvency II Directive, OJ L – 228, of 16.08.1973. pp. 3–19. [First non-life Directive].Ireland was found to have failed to fulfil its obligations under the non-life insurance directives by not covering the Voluntary Health Insurance Board, the main health insurer in Ireland, with the supervisory scheme envisaged by those directives. The Court of Justice of the European Union judgment raises vital questions important for the existing exempted insurance institutions.