bluuebunny/crossref_metadata_2025_split huggingface dataset:
Chapter 4 Tax Policy in the OECD: Soft Governance Gets Harder
Authors: Kudrle Robert T. 
Published: September 2010

AbstractChapter 4 deals with tax policy in the OECD. Although the OECD has worked on many problems related to national fiscal systems, its achievements in sorting out international corporate tax practices are most well known. The model international corporate tax treaty, derived from US precedents and developed in the interwar period, has been continually refined to deal with difficult issues such as transfer pricing and electronic commerce. But corporate tax avoidance, particularly by US firms, has propelled a possible new approach — formula apportionment — that could test the OECD's capacity to find common ground for its members and other important states. Moreover, the OECD's recent confrontation with the tax havens suggests an ambivalent posture towards non‐members, even as some of them play an ever‐larger role in OECD deliberations. The chapter argues that the OECD now practices a kind of global governance in the taxation area, but its legitimacy and competence will be greatly challenged in the years ahead.
Chapter 5 The OECD and Global Finance: The Governance of New Issues, New Actors, and New Financial Frontiers
Authors: Porter Tony 
Published: September 2010

AbstractChapter 5 assesses the OECD's role in global finance. Most studies of the governance of global finance have considered the OECD as irrelevant. A great deal of attention has been devoted to other international organizations, whereas the OECD has generally been treated either as a passive research body or as a relatively unremarkable part of a much larger set of mechanisms through which transnationally powerful actors reinforce their dominance. This chapter argues in contrast that the OECD plays a distinctive and important role at three frontiers: addressing emerging financial policy issues; the extension of OECD practices to non‐OECD countries; and the frontier between financial practices and non‐financial ones. It is also distinctive in its use of knowledge to constitute new practices or modify established ones and in its ability to integrate across multidimensional policy fields and jurisdictions. Accordingly, it can offset or complement a wider tendency towards differentiation and specialization in global governance.
Chapter 7 The OECD and Crime: The Fight against Corruption and Money Laundering
Authors: Jakobi Anja P. 
Published: September 2010

AbstractChapter 7 analyzes OECD activities in the field of crime control, focusing on corruption and money laundering. Both aspects have witnessed growing international concern during the 1990s, and various international activities have been started to criminalize and prosecute corruption and money laundering across countries. While each of these crimes seriously impact both politics and the economy, the political solutions found in the context of the OECD have been very different: Corruption has been tackled by an OECD convention and emerged as a core issue of OECD activities and publications, while money laundering has been treated by the Financial Action Taskforce (FATF), a semi‐autonomous agency that is formally independent of the OECD but is based in the organization's building and has a widely overlapping membership. The chapter reconstructs the political process that led to the emergence of both models, showing how different conditions on the input side resulted in different models of fighting financial crime.
Chapter 11 The OECD as Ideas Diffuser: The Growth of the Global Biotechnology Industry
Authors: Centrone Monique 
Published: September 2010

AbstractChapter 11 deals with the OECD and biotechnology. The OECD has taken a clear lead in the industry's development. It has done so by generating an industry discourse starting in 1980. The chapter addresses the role of the OECD in the historical construction of the concept of biotechnology. After having observed developments in biology in several western nations during the 1970s, the OECD started to promote a new vision of the industry as an enabling technology, one that had the power to create long‐term economic growth. This was considered an important response to the problem of global economic decline during that period. In consideration of the political and scientific conversation surrounding the term biotechnology, this chapter evaluates the discursive work that provided a new biotechnology framework and how it legitimized national investments and policies that helped to build the industry.
Justifying Retributivism
Authors: Moore Michael 
Published: September 2010

AbstractThis chapter mulls over the justificatory apparatus of the preceding chapter. A secondary literature critical of that apparatus has developed, and the main arguments of that literature are considered. These include charges of circularity, lack of deductive strength, failures of explanatory superiority, over- emotionality, and under- and over-breadth directed against my mode of justifying retributivism. None of these are found to be convincing.
Mind, Brain, and the Unconscious
Authors: Moore Michael 
Published: September 2010

AbstractThe chapter explores the general nature of mental states such as belief, desire, and intentions, and their relation to brain states It does this through an extended analysis of the Freudian theory of the unconscious. Rightly conceived, the Freudian unconscious is seen as functionally characterized, sub-personal states of the brain that underlie the mental states of whole persons. The folk psychology on which the criminal law’s culpability discriminations are built, is thus seen to be secure against the insights of a progressive, scientific psychology, be it Freudian, behaviourist, cognitive, neuroscientific, or other.
Intentions andMens Rea
Authors: Moore Michael 
Published: September 2010

AbstractNo one just intends – they intend that something be the case. Intentions take objects, they have content, they exhibit Intentionality. This fact about the psychology of intentions becomes important because the gradations in culpability explored in chapter 9 depend on there being some non-arbitrary way to individuate intentions by their objects. Three views of these objects – in terms of real world objects, sentences, or propositions – are considered. A moral test (in terms of non-identical in fact but equivalent in morality intentions) that would bypass these thorny metaphysical issues is also considered but rejected.
Choice, Character, and Excuse
Authors: Moore Michael 
Published: September 2010

AbstractHaving rejected the causal theory of excuse in chapter 12, it remains to ascertain what would be a good theory of the excuses. Two such theories are examined, the choice theory and the character theory. Both theories of excuse depend on deeper theories about the true desert basis for responsibility. The choice theory regards choice as the touchstone of culpability, so that excuses have the function of filtering out when either diminished capacity or limited opportunity render otherwise culpable choices non-blameworthy. The character theory regards character as the touchstone of culpability, so that excuses have the function of filtering out those actions not expressive of bad character and exempting those actors from blame. Reasons are given to prefer the choice theory of excuse.
Torture and the Balance of Evils
Authors: Moore Michael 
Published: September 2010

AbstractIf (as the last chapter argues) criminal legislation should prima facie aim at prohibiting all and only moral wrongdoing, then the actual reach of the criminal law will depend on the nature of moral wrongdoing. Is it deontological or consequentialist in nature, for example? The general shape of our moral obligations and thus of their breach, wrongdoing, is approached in this chapter through what is known in criminal law as the issue of general justification, sometimes called ‘necessity’ or ‘balance of evils.’ This justification exists whenever the evil prevented by the doing of some act is greater than the evil of doing that act, considered by itself. The contours of this most general form of justification is taken to reveal the general shape of the wrongs that can be thus justified. A complex deontological form for moral wrongdoing is elucidated in this way, a form allowing thresholds over which consequences govern, exceptions, and limited scope, to moral ‘absolutes’ such as, ‘never torture.’
The Doctrinal Unity of the Act Requirement
Authors: Moore Michael S. 
Published: September 2010

AbstractAre there crimes of mental state or mental action, status, omission, or possession in Anglo-American criminal law, and do (or would) the existence of any such crimes belie the existence of any voluntary act requirement in that law? Are there one, four, or many, act requirement(s) in that law? Is the act requirement vacuous because it does not specify the time at which the accused must perform a voluntary act? These three forms of scepticism about the existence and coherence of a unitary act requirement in Anglo-American criminal law are rebutted.
The Metaphysics of Complex Actions I: The Dependence of Complex Actions on Basic Acts
Authors: Moore Michael S. 
Published: September 2010

AbstractThe metaphysical question asked in this chapter is preliminary to the metaphysical question addressed in the succeeding chapter 11. In the latter chapter the issue is whether every complex action is (identical with) some basic action of willed bodily movement. In this chapter, the preliminary issue is whether every complex action at least ‘involves’ (in some way or other) some willed bodily movement by the actor. Discussed are three classes of cases: first, cases where there are bodily movements causative of some harm, but these movements are not willed; second, cases where there is no apparent bodily movement but there is agency (in mental acts and in intentional omissions) and there is an apparent causal connection (sometimes reconstrued to be only a relation of counterfactual dependence) between that agency and some real world harm; and third, cases where there is neither willing nor bodily movement, as in states of a person and unintentional omissions. The conclusion reached about all such cases is that there is human action only when there is a willed bodily movement.
The Metaphysics of Complex Actions II: The Identity of Complex Actions With Basic Acts
Authors: Moore Michael S. 
Published: September 2010

AbstractThe reason all complex actions ‘involve’ some basic act (see chapter 10, preceding), is because all complex actions simply are such basic actions of willed bodily movements. The chapter thus defends the Nineteenth Century views of Austin and Holmes, that human actions are always willed bodily movements, ‘and nothing else.’ On the merits this metaphysical view is defended against the many ordinary language oddities that it seemingly produces.
The Doctrinal and Normative Basis of the Double-Jeopardy Requirement
Authors: Moore Michael S. 
Published: September 2010

AbstractAnglo-American constitutional law prohibits a person from being twice put in jeopardy for ‘the same offense.’ In the United States this seemingly simple requirement has generated a doctrinal thicket about what is and what is not ‘the same offense,’ leading many legal theorists to give up on there being a coherent double jeopardy doctrine. This chapter seeks to bring order to this doctrinal thicket. It does so by: separating the several distinct prohibitions making up the double jeopardy ban; examining the policies behind such prohibitions; relating the extant legal tests for ‘same offense’ to each other and to such policies; separating the question of ‘same offense’ into two distinct questions, one about when two putatively distinct types of actions should be considered the same, and the other about when particular act-token(s) are one or several. These two questions are allocated, respectively, to the ‘overlapping statutes’ problem and to the ‘unit of offense’ problem.
SynBioWave—a real-time communication platform for molecular and synthetic biology
Authors: Staab Paul R. , Walossek Jörg , Nellessen David , Grünberg Raik , Arndt Katja M. , Müller Kristian M. 
Published: September 2010

Abstract
Summary: Synthetic Biology is advanced by many users and relies on the assembly of genetic elements to devices, systems and finally genomes. SynBioWave is a software suite that enables multiple distributed users to analyze and construct genetic parts in real-time collaboration. It builds on Google Wave and provides an extensible robot–robot–user communication framework, a menu driven user interface, biological data handling including DAS and an internal database communication. We demonstrate its use by implementing robots for gene–data retrieval, manipulation and display. The initial development of SynBioWave demonstrates the power of the underlying Google Wave protocol for Synthetic Biology and lays the foundation for continuous and user-friendly extensions. Specialized wave-robots with a manageable set of capabilities will divide and conquer the complex task of creating a genome in silico.
Availability: The robot is available at SynBioWave@appspot.com, the source code at http://synbiowave.sourceforge.net
Contact: kristian@biologie.uni-freiburg.de
Supplementary information: Supplementary data are available at Bioinformatics online and at http://www.synbiowave.org.
Constitution
Authors: Russell Peter H. 
Published: September 2010

Abstract
Canada is one of the oldest constitutional democracies in the world. Its founding Constitution, the British North America Act (BNA Act) was enacted by the British Parliament in 1867. While the name, status, and method of amending the Constitution have changed and additions have been made to the Canadian Constitution, the substantive provisions of the original Constitution have changed very little since 1867. Although there has been little change to the founding Constitution, it does not mean that Canada's constitutional system has been frozen in time. This article discusses the evolution, patriation, and developments of the Canadian Constitution. The evolution of the Canadian Constitution has been have been affected not by formal constitutional amendments, but rather by less-formal instruments of constitutional change. These changes include “unwritten” constitutional conventions, changes in political practice, judicial decisions interpreting the constitutional text, and ordinary legislation establishing institutions and regulating governmental practice. These informal changes produced an independent and continental federation Canada that its founding fathers would barely recognize.
Intergovernmental Fiscal Relations: Workhorse of the Federation
Authors: Lazar Harvey 
Published: September 2010

Abstract
During World War II, the Dominion developed plans to meet the public's demand for a state that would play a greater role in the development of the welfare state. As a result, “executive federalism” was born as an instrumental response to the democratic will of the people. The federal–provincial arena brought together federal spending power, provincial jurisdiction, and new program ideas. It also brought revenue sharing, tax harmonization, a welfare state, and fiscal decentralization. While the federation of Canada moved to the intergovernmental fiscal arena, where the provinces operate within a framework of broad interdependence, the provinces eventually became autonomous. They declined to negotiate lower transfers, and the federal government eventually acted unilaterally in its adjustments to fiscal arrangements. This article discusses intergovernmental fiscal relations within the Canadian federation. It discusses the relevant constitutional provisions on intergovernmental fiscal relations and intergovernmental relations over four historical periods since World War II.
Local Government
Authors: Sancton Andrew 
Published: September 2010

Abstract
The term local government does not appear in the Constitution Act of 1867. The closest reference is in section 92 (8), where the authority to make laws relating to “Municipal Institutions in the Province” is placed under the jurisdiction of provincial legislatures. All Canadian provinces have enacted laws that provide for the existence of municipalities. In its Fiscal Management System, Statistics Canada defines “local government” as including both municipalities and their associated “autonomous boards, commissions, funds and school boards.” Although commonly accepted, the definition is nonetheless precise. This article discusses local government in Canada. It discusses the functions of local government and the provincial controls on such government. The article also discusses special-purpose bodies and two-tier urban systems. Municipal elections, local political leaders, and municipal finance are also examined.
Parliament and Legislatures: Central to Canadian Democracy?
Authors: Thomas Paul G. 
Published: September 2010

Abstract
This article discusses the role of legislatures as a central institution of Canadian democracy. While there is a negative stereotype of parliamentary reform as futile and of marginal value, the legislatures are, in contrast, not powerless and irrelevant: they remain a vital link between the citizens and their governments, and as a source of support and legitimacy of government actions. They are forums for public discussion and a source of democratic accountability. Legislatures benefit governments, which nowadays face a deficit in terms of public trust and confidence. The four sections of this article are devoted to legislatures. The first discusses the explicit and implicit functions attributed to legislatures in the literature, and how these relate to the main formal roles of legislatures within the Canadian political system. The second section discusses the decline of legislatures. The third focuses on the organizational arrangement, procedures, and activities through which legislatures accomplish their formal constitutional responsibilities and perform some informal functions within the Canadian political system. The last section discusses the potential for reforms that would allow legislatures to cope with the challenges of today and the future.
First Ministers, Cabinet, and the Public Service
Authors: Savoie Donald J. 
Published: September 2010

Abstract
This article explores how the relationship among the prime minister, the cabinet, and public service has evolved and developed in the recent years. It also aims to identify the forces that have shaped and molded these transformations. The article begins by examining the growing power of the prime minister and central agencies, specifically the Prime Minister's Office (MPO). It then proceeds to discuss the cabinet, how it has transformed into more than a focus group, and why it no longer directs the work of the government. The article concludes with a discussion on public service and the transformations in the role of public service.
Political Parties and the Electoral System
Authors: Johnston Richard 
Published: September 2010

Abstract
This article discusses political parties and the electoral system in Canada. It provides a literature that outlines the controversies of the party system of the nation. The article discusses the one-party dominance in Canadian politics, the volatility of political parties, the policy differences among parties, the weak social foundations that result in weak policy differences, the archaic divisions, the class basis, geography, federal–provincial gaps, and multipartism. It also discusses the fractionalization of the electorate, the polarized pluralism within the cultural dimension of the nation, the weakness of NDP, class politics, and the federal–provincial divergences within the province.
The Deliberative and Adversarial Attitudes of Interest Groups
Authors: Montpetit Éric 
Published: September 2010

Abstract
In general, interest groups are perceived to have a bad reputation in modern democracies. They are seen as “special interests” capable of obtaining underserved benefits from the government. Interest groups are also often perceived as distortions to the normal functioning of the democratic systems and as adversarial political systems. In spite of the negative impression made by interest groups, they nevertheless contribute to policy debates and deliberations. They can improve the quality of deliberations over collective problems and solutions, thereby improving policy choices regardless of the nature of their representations. Interest groups can have a legitimate role in democratic policy-making systems. This article discusses the adversarial and deliberative perspectives of interest groups and the legitimate attitudes expected of these groups in a democracy. It also provides a survey that assesses: the deliberative and adversarial attitudes of interest groups, the opinion change on policy issues relevant to the biotechnology sector, and the unwarranted bad reputation of interest groups.
Politics and the Media: Culture, Technology, and Regulation
Authors: Rose Jonathan , Nesbitt‐Larking Paul 
Published: September 2010

Abstract
Media and communication in Canada are intrinsic to the very construction and reproduction of Canada itself and to the possibility of Canada. For this reason, communication and media theory stand as Canada's most distinctive and profound contributions. Analysis of communication is important as it gives an understanding of Canada itself. This article presents familiar dialectics of Canadian communication that have deep roots in Canadian media theory. It also discusses how these media theories give shape to the political economies, the regulatory regimes, and the dominant ideas that dominate politics and media in Canada. Furthermore, the article discusses the globalization of the Canadian media and how the Canadian media experience can become universal.
Canada–United States Relations
Authors: Brooks Stephen 
Published: September 2010

Abstract
Canada and the U.S. emerged as close military allies in World War II, a partnership that was deepened and institutionalized during the Cold War years of the 1950s. This was the era of the special relationship. Joined at the hip by geography, history, and economics, relations between the two nations were marked by quiet diplomacy that was founded on close personal contacts and shared understandings. This special relationship was nurtured by the intimacy of a vast network of linkages across the Canada–U.S. border, but it turned out to be a short moment for the history of Canada–U.S. relations. The asymmetry to the supposed bilateral relationship of the nations, wherein the U.S. took a more dominant stance and the ambivalence of many Canadians paved the way for criticisms on the special relationship and quiet diplomacy between the two nations. “Close but not too close”: this has been the predominant view of Canadians to their partner. This article discusses the historical and cultural background of the Canada–U.S. relationship, which is characterized by intimacy, asymmetry, and ambivalence. The article ends with a discussion on the possible future directions of Canada–U.S. relations.
Continuities and Change in the Design of Canada's Social Architecture
Authors: Jenson Jane 
Published: September 2010

Abstract
This article discusses Canada's social architecture. It considers intergovernmental relations as it illustrates the shifting intersections of institutional arrangements in four key welfare-producing sectors: the state, the family, the market, and the community. The article discusses the policy instruments and the program designs: both serve as a yardstick against which to measure the content of social policy. Special attention is accorded to the income security instruments and programs of social policy of Canada after 1945, the main goal of which was to increase the social security of all categories of the population so as to redistribute income from rich to poor.