bluuebunny/crossref_metadata_2025_split huggingface dataset:
Wage Bargaining and Unions
Authors: Layard Richard , Nickell Stephen , Jackman Richard 
Published: October 2011

AbstractGenerally, unions bargain over wages and manning ratios. They do not bargain on total employment for the reason than in most normal cases (wherein new workers are hired), the employment level is irrelevant to existing labourers. However, where jobs are being lost, there is sometimes bargaining over layoffs. Layoffs are generally left to management discretion — and the wage bargain takes the risk of layoffs into consideration. From the firm's perspective, when the bargained wage is higher, the more powerful the labour union is, the less elastic is the demand for labour. The higher the wage, the lower the unemployment level is.
Mismatch: the Structure of Unemployment
Authors: Layard Richard , Nickell Stephen , Jackman Richard 
Published: October 2011

AbstractThere are significant differences in unemployment levels between occupations, regions, age-groups, and races. These differences are very persistent and do not reflect the legacy of structural shocks. They are however closely connected to differences in turnover rate with differences in unemployment durations playing a small role. Unemployment level differences between age-groups are affected by demographic factors. But unemployment differences between occupations and regions can only be explained jointly in terms of mobility between groups.
Logical Pluralism
Authors: Beall JC , Restall Greg 
Published: October 2011

AbstractConsequence is at the heart of logic; an account of consequence, of what follows from what, offers a vital tool in the evaluation of arguments. Since philosophy itself proceeds by way of argument and inference, a clear view of what logical consequence amounts to is of central importance to the whole discipline of philosophy. This book presents and defends what it calls logical pluralism, arguing that the notion of logical consequence does not pin down one deductive consequence relation; it allows for many of them. In particular, the book argues that broadly classical, intuitionistic, and relevant accounts of deductive logic are genuine logical consequence relations; we should not search for one true logic, since there are many. The book's conclusions have profound implications for many linguists as well as for philosophers.
Pluralism Defined
Authors: Beall JC 
Published: October 2011

AbstractLogical pluralism is a pluralism about logical consequence. Crudely put, a pluralist maintains that there is more than one relation of logical consequence. By way of illustrating the kind of claim involved in logical pluralism, a few analogies are considered in this chapter. According to the Generalised Tarski Thesis (GTT), an argument is valid if and only if, in every case in which the premises are true, so is the conclusion. Logical pluralism is the claim that at least two different instances of GTT provide admissible precisifications of logical consequence. Unlike the restricted Tarski Thesis, which admits only one instance of case (Tarski's models), the pluralist endorses at least two instances, giving rise to two different accounts of deductive logical consequence (for the same language), two different senses of ‘follows from’. There are at least two ways to not be a logical pluralist: reject the GTT or endorse exactly one instance.
Variations & Loose Ends
Authors: Beall JC 
Published: October 2011

AbstractThis chapter presents variations on logical consequence and logical pluralism. If the arguments presented so far are sound, then there are different ways to settle the notion of logical consequence, each equally deserving the title ‘logic’. In this chapter, some other degrees of variation possible for the logical pluralist are considered. It examines an issue raised by such variations, as well as by variations considered in earlier chapters: whether plurality in logic comes only by way of plurality of languages. The chapter concludes by tying up some loose ends, especially with respect to paraconsistency, dialetheism, and the notion of endorsing a logic. Free logic, second-order logic, and higher-order logic are also discussed.
Where to compete? The logic behind market selection
Authors: Venzin Markus 
Published: October 2011

AbstractThis chapter advances some of the arguments presented in Chapter 4 and develops a heuristic model that supports managers when choosing their next target market. Market selection and market entry mode choices often coincide and are hard to separate, and as such are often treated as one decision. Once a country has been selected for entry, it automatically has to be compared to the existing portfolio of geographical presence. Most financial services firms use portfolio matrices as a basis for their geographical investment decisions that measure the relative strengths of their own operations and the attractiveness of foreign markets. The chapter describes those two factors, the usefulness of portfolio matrices, and then discusses process aspects of market selection, that is, how management teams actually collect data on foreign markets and set investment priorities.
When to enter? The timing and speed of market entry
Authors: Venzin Markus 
Published: October 2011

AbstractThis chapter starts with a discussion on how financial services firms predict market development. The role of uncertainty and ambiguity, and tools that attempt to reduce them, are presented. It then considers early and late mover advantages, showing how firms that enter markets early try to protect their advantages through isolation mechanisms such as the creation of technological standards, the pre-emption of assets, and buyer switching costs. Late movers can take advantage of free riding, the early resolution of technological or market uncertainty, shifts in technology or customer needs, and incumbent inertia. The chapter concludes with a discussion of factors that typically lead to accelerated international expansion.
How to compete? The development of business and functional-level strategies
Authors: Venzin Markus 
Published: October 2011

AbstractThis chapter explores how positional competitive advantages can lead to superior performance. It shows why profitability variance among financial services firms exists not only on an international level but also on a national scale. Higher profitability depends on the ability of a financial services firm to understand the local market structure and develop positional advantages. Another avenue to higher profitability is to deploy superior resources and capabilities in the local market. A third common way to internationalize in a profitable way is to concentrate on a narrow industry segment (or client group) and leverage superior capabilities on a global scale. The chapter introduces and illustrates these concepts with two case examples — Allianz and HBOS — which demonstrate show how financial services firms can create unique strategic positions by developing differentiation and cost advantages as well as by focusing on well-defined target segments.
How to accelerate learning? Facilitating cross-border knowledge transfer
Authors: Venzin Markus 
Published: October 2011

AbstractThis chapter discusses how cross-border synergies can be created in banks and insurance companies by enabling the transfer of knowledge within the network of international units. It highlights the critical role of knowledge and knowledge sharing in making internationalization strategies work. It describes nine elements of an organizational culture that facilitates cross-border knowledge sharing and shows how to design a system that supports the international flow of knowledge. The chapter concludes with a reflection on the limits of cross-border knowledge sharing.
Critical Criminology: The Renewal of Theory, Politics, and Practice
Authors: McLaughlin Eugene 
Published: October 2011

AbstractThis chapter begins by detailing the theoretical, political, and research coordinates of a Critical Criminology that coalesced into an orthodox Marxist position in the course of the 1980s and 1990s. It then goes on to discuss the challenges now facing the field of Critical Criminology. It acknowledges from the outset that, globally, there are several critical criminological communities of identification and articulation and divergent thematic paths. To varying degrees they are antagonistic towards the conventional criminological complex. The chapter's primary geographical reference point is the UK as it is the geo-political context that has generated what is viewed to be the most forceful orthodox position.
The Global Financial Crisis: Neo-Liberalism, Social Democracy, and Criminology
Authors: Brown David 
Published: October 2011

AbstractThis chapter begins with a discussion of the economic, political, and social context of the recent global financial crisis, which casts into relief current boundaries of criminology, permeated and made fluid in criminology's recent cultural turn. This cultural turn has reinvigorated criminology, providing new objects of analysis and rich and thick descriptions of the relationship between criminal justice and the conditions of life in ‘late modernity’. Yet in comparison with certain older traditions that sought to articulate criminal justice issues with a wider politics of contestation around political economies and social welfare policies of different polities, many of the current leading culturalist accounts tend in their globalized convergences to produce a strangely decontextualized picture in which we are all subject to the zeitgeist of a unitary ‘late modernity’ which does not differ between, for example, social democratic and neo-liberal polities, let alone allow for the widespread persistence of the pre-modern. It is argued that that contrary to this globalizing trend there are signs within criminology that life is being breathed back into social democratic and penal welfare concerns, habitus, and practices. The chapter discusses three of these signs: the emergence of neo-liberalism as a subject of criminology; a developing comparative penology which recognizes differences in the political economies of capitalist states and evinces a renewed interest in inequality; and a nascent revolt against the ‘generative grammar’, ‘pathological disciplinarities’, and ‘imaginary penalities’ of neoliberal managerialism.
Criminology and the Role of Experimental Research
Authors: Hough Mike 
Published: October 2011

AbstractThis chapter discusses the role of experimental research in policy-focused criminology. It makes some fairly simple points in response to a current tendency to overstate the contribution that particular research methods can make to the discipline. The context on which the chapter draws is British, but the conclusions drawn here may have wider applicability and relevance. The main argument is this: the questions with which policy-focused criminology grapples range from the simple to the very complex; experimental research methods have a value in answering questions of middling complexity; but they are useful in answering neither very simple questions nor very complex ones; criminologists should not artificially restrict themselves to examining issues of middling complexity, by insisting that experimental research methods should lie at the heart of the discipline.
Remembering Criminology's ‘Forgotten Theme’: Seeking Justice in US Crime Policy Using an Intersectional Approach
Authors: Sokoloff Natalie J. , Burgess-Proctor Amanda 
Published: October 2011

AbstractThis chapter addresses the concern that justice is criminology's ‘forgotten theme’. After briefly outlining the failure of contemporary mainstream criminology to engage with justice, it summarizes the intersectional framework which offers criminology an important tool both for identifying inequalities and for working to improving justice. To illustrate, an intersectional approach is used to examine how problematic crime policy can lead to injustices for marginalized groups: specifically, how the US War on Drugs has contributed to the mass incarceration of poor Black and, increasingly, of Latina women.
Criminological Cliques: Narrowing Dialogues, Institutional Protectionism, and the Next Generation
Authors: Hannah-Moffat Kelly 
Published: October 2011

AbstractThis chapter presents three related challenges faced by the ‘discipline’ of criminology, with the goal of promoting dialogue about the field's future. It first argues that although criminology has achieved disciplinary status with discrete areas of specialization, it is vitally important that criminological research and education draw on the range of other disciplinary knowledge that intersect with criminology. Second, it explores how the development of research branches in many criminal justice agencies, who are rightly concerned with the everyday pragmatics of policing or punishing, can (and in some cases do) shape and restrict research possibilities. It examines how emerging forms of institutional protectionism restrict the production of critical criminological knowledge. These observations may be applicable to other countries, but the focus is on the research landscape in Canada. Finally, the chapter considers how commitments to intellectual diversity and the restrictions imposed on certain types of ‘critical’ scholarship can complicate future criminologists' research and education. These three themes are linked by a broader interest in criminological knowledge, its structure and progression as well as by a need to discuss how various institutional ‘boundaries’ shape our theorizing, research questions, types of analysis, and scholarly standards.
Criminology: Science + Policy Analysis
Authors: Blumstein Alfred 
Published: October 2011

AbstractThis chapter highlights some important interactions between scientific knowledge about offenders and their criminal careers, and the implications of that knowledge for developing more intelligent policy that can and should be used in the operation of the criminal justice system. It also discusses how policy concerns can stimulate scientific research that can provide a focus on where policy improvement can best be targeted. These provide an opportunity for identifying policies that have been put in place that failed to exploit that knowledge.
4 Procedural Structure and Features of International Criminal Justice: Lessons from the ICTY
Authors: Eser Albin 
Published: October 2011

Abstract
When people speculate over international criminal tribunals as a success or a failure, the answer very much depends on what one expected. Therefore, the first question to be clarified must be the identification of the substantive aims to be pursued by international criminal justice, the procedural means to be employed, and the modes by which they should be performed. With particular focus on ‘adversarial’ or ‘inquisitorial’ structures and features of the procedure, this chapter examines how to improve the search for truth, to guarantee fairness, to enhance expediency, to promote reconciliation, and to record historical findings. Along this line particular attention is paid to the role of the parties, witness proofing, plea bargaining, equality of arms, impartiality of the judges, self-representation of the defendant, and measures to speeding up proceedings.
6 Unity and Division in Decision Making—The Law and Practice on Individual Opinions at the ICTY
Authors: Sluiter Göran 
Published: October 2011

Abstract
This chapter critically addresses the use of separate and dissenting opinions at the ICTY. Its central question is whether the use of individual opinions at the ICTY is in need of reform with a view to improve judicial decision-making and the confidence therein by the public. It first discusses the diverging views on the availability of individual opinions in general. Next it traces the origin and history of individual opinions in international criminal proceedings. At the heart of the chapter is the analysis of 208 individual opinions published by ICTY judges. This practice suffers of a number of flaws and should be improved in a number of areas. The conclusion contains a number of recommendations to that end, which are no longer of much assistance to the ICTY, but could be its legacy on this point for the ICC.
10 Regulation of Defence Counsel: An Evolution Towards Restriction and Legitimacy
Authors: Combs Nancy Amoury 
Published: October 2011

Abstract
This chapter details the evolution of the ICTY's rules governing the initiation and termination of defence representation, and links that evolution to the maturing of international criminal law as a whole. Early ICTY defendants were given broad discretion to select the defence counsel of their choice, to fire the defence counsel they had previously selected, and to refuse the assistance of defence counsel entirely. Current defendants retain much of that discretion, but in recent years, the ICTY has adopted rules restricting defendants' choices to some degree. They did so both to improve the quality of legal representation and the efficiency of trials, but the virtually limitless choice offered to early defendants in their dealings with defence counsel also stemmed from the need of a novel and immature criminal justice system to gain legitimacy. As the ICTY has matured and gained legitimacy, it has proven more willing to regulate the lawyer–client relationship. This willingness reflects a coming-of-age both of the ICTY and international criminal trials more generally.
Freedom of Speech
Authors: Finnis John 
Published: October 2011

AbstractThis chapter contains the text of a 1970 essay which tries to penetrate the ‘region of principles’ spoken of by Mill in On Liberty. The logical analysis of rights shows the vast array of different and incompatible rules that might be derived from the ‘principle’ or ‘right’ of ‘free speech’. Resolution of these ambiguities requires acknowledgement of substantive human goods; a better conception of political and legal philosophy than the current (1970) conceptions articulated by Anthony Quinton; a better conception of utility than Mill's or Bentham's; attention to the complexity of the basic good of friendship; and acknowledgement, against Mill and Milton, that man has not ‘come of age’ in England or elsewhere.
C.S. Lewis and Test-Tube Babies
Authors: Finnis John 
Published: October 2011

Abstract
This chapter closely analyses C. S. Lewis's The Abolition of Man, especially its crucial third chapter. It compares its thought with the line of argument which shows the moral wrong involved in generating human offspring by artificial means divorced from marital intercourse: the inequality involved in the producer–product relationship is inherent, and is manifested in non-intrinsic but virtually universal conditions of IVF, namely destructive experimentation, observation, and selection. The concern in Lewis's third chapter with contraception is usually overlooked.
On Retranslating Humanae Vitae
Authors: Finnis John 
Published: October 2011

Abstract
On the occasion of translating into English the Latin of the 1968 encyclical on contraception and responsible parenthood, this chapter locates the encyclical in the context of the Second Vatican Council. It identifies its central argument, and focuses on the significance of the basic human good of marriage and the significance of the marital act for the expressing, actualizing, and experiencing of that good. Contracepting is excluded on essentially the same grounds as all other non-marital sex acts, that its being non-marital (because it eliminates from the act one of the aspects of the good of marriage) is against the good of marriage. Marriage's point is not procreation, nor friendship between the spouses, but marriage itself, as a good uniting both procreation and friendship in a form of life apt for the good of children. The essential difference between contraception and periodic abstinence can be explained more clearly than the encyclical does, as can (with hindsight) the bad effects of treating contraception as morally acceptable.
Legal Consequences of an Impermissible Reservation to a Human Rights Treaty: Where Do We Stand?
Authors: Simma Bruno , Hernández Gleider I. 
Published: October 2011

Abstract
The Vienna Convention's regime on reservations is particularly unfit to cope with the specific characteristics of human rights treaties due to the very limited and particular role played by reciprocity and the ‘inward-targeted’ nature of the obligations stipulated in such instruments. Regional human rights courts and UN human rights treaty bodies have developed certain methods of monitoring the reservations practice of states parties to the respective instruments, but a central question has hitherto remained very controversial, namely that of the legal consequences of a reservation to a human rights treaty which is considered incompatible with that treaty's object and purpose and therefore impermissible. After many years of dealing with the topic of reservations, the UN International Law Commission has finally addressed this issue: Special Rapporteur Alain Pellet has proposed a solution which finds itself essentially in accord with the ‘severability’ doctrine advocated by the human rights community, reconciling this approach and the principle of treaty consent through the introduction of a presumption of severability of an invalid reservation from the body of a human rights treaty, to which the State making such a reservation will then remain bound in full. This chapter supports the Special Rapporteur's proposal, traces its development, and discusses both the advantages and the specific challenges posed by a presumption of severability.
Parliament, Human Rights, and Counter-Terrorism
Authors: Tomkins Adam 
Published: October 2011

Abstract
This chapter contributes to the debate between legal constitutionalists and political constitutionalists. It is in three parts. The first summarizes the leading UK case law on rights, liberty, and security since the Belmarsh decision. Arguing that Belmarsh already looks like an exception rather than a new beginning in public law, it outlines the illiberal nature of a range of decisions. Secondly, this case law is used to challenge the workability/desirability of David Dyzenhaus's model of rule-of-law protection in times of crisis. Thirdly, the chapter examines Parliament's recent record at scrutinizing various government claims as to what it is necessary to do in the interests of national security, focussing on the debate of the Terrorism Act 2006, and the role of the Joint Committee on Human Rights. This is used to show that that a weak judicial decision that legitimates an illiberal policy is used by governments to shut down political debates, and also that Parliament is an agency through which rights can be better protected even in this most difficult area of national and international concern.
Statutory Bills of Rights: You Read Words In, You Read Words Out, You Take Parliament’s Clear Intention and You Shake it All About—Doin’ the Sankey Hanky Panky
Authors: Allan James 
Published: October 2011

Abstract
The United Kingdom's statutory bill of rights, with its strong reading down provision, via s.3 of the UK Human Rights Act, as in Ghaidan v. Godin Mendoza, is tantamount to a ‘licence to rewrite legislation’. This makes UK judges just as powerful as they are under a United States style constitutionalized bill of rights, given the failure of UK governments to respond to radical reinterpretations and dispute declarations of incompatibility. All this is exacerbated by the undemocratic manner in which judges are now appointed in the UK. This chapter presents a pessimistic scenario for those who favour democratic decision-making, including decisions about the proper scope of rights, what to do when they conflict, and when limits are reasonable.