bluuebunny/crossref_metadata_2025_split huggingface dataset:
The General Framework and the Method of Fact-Finding
Authors: Oesch Matthias 
Published: April 2012

AbstractThe previous chapter revealed that the wording of both Article 11 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and Article 17.6(i) of the AD Agreement is equivocal as to the exact degree of panel deference towards factual findings. Therefore, the job of carving out appropriate standards of review applicable in specific cases has been tacitly delegated to panels and the Appellate Body. Reliable guidance as to the panels' mandate under Article 11 of the DSU and Article 17.6(i) of the AD Agreement may only be found in the growing body of panel and Appellate Body practice. This chapter discusses the general framework and examines the method of fact-finding by which panels inform themselves about the relevant factual evidence.
Domestic Law
Authors: Oesch Matthias 
Published: April 2012

AbstractThis chapter deals with the issue of standard of review relating to domestic law. The crucial question is to what extent and with what intensity a panel should review the interpretation of domestic law and, if not convinced, come up with its own interpretative conclusion. Section I examines the panels' and the Appellate Body's jurisdiction to decide on the correct interpretation and application of domestic law. Section II turns to the case law concerning standards of review. For methodological purposes, the practice is reviewed case-by-case before the common traits are filtered out. Section III summarizes the practice and critically assesses it in the light of general standard-of-review principles.
The Public Interest in Regulatory Practice: the UK
Authors: Feintuck Mike 
Published: April 2012

Abstract
This chapter considers, on a practical level, the extent to which substantive public interest values are present and identified in current regulatory activity, and how regulatory procedures serve, or fail to serve, these values. It discusses the constitutional and legal background and ‘social regulation’ of the utility industries in the United Kingdom. The perceived constitutional impropriety of the British judiciary reviewing the substance of primary legislation seems to have led to a broader position, whereby the judiciary will seek at almost any cost to confine its decisions to the procedure of administrative decision-making rather than risking giving the slightest appearance of reviewing the substance of decisions. This chapter discusses the constitutional law and administrative law in the UK, as well as regulation in pursuit of social objectives associated with the public interest, the role of citizenship in the liberal-democratic social enterprise, food industries and food safety, the Food Standards Agency, the European Food Safety Authority, the precautionary principle, regulation of mass media in the public interest, Public Service Broadcasting, and commercial freedom and democratic values.
A Coherent Concept of the Public Interest in Regulation
Authors: Feintuck Mike 
Published: April 2012

Abstract
This chapter seeks to establish an argument for the advisability, or even the necessity, of the adoption of a value-laden concept of public interest, and examines the content and purpose of such a construct in the context of regulation. Philip Selznick defines regulation as ‘the use of the concept of the public interest as a justification for regulatory intervention into private activity, limiting the exercise of private power, in pursuit of objectives valued by the community’. It is assumed that there are a range of values associated with liberal democracy, especially relating to citizenship expectations and collective interests, which are commonly associated with the concept of ‘public interest’ and which are left vulnerable to social and economic forces if not adequately protected. While a case can be constructed which argues for a constitutional response to the dominance of market economics, the case will be weak for so long as there is no clear specification of the precise values which are threatened.
Wider Applications of the Public Interest
Authors: Feintuck Mike 
Published: April 2012

Abstract
This chapter considers other areas in which the concept of public interest might be used to facilitate the legal system's potential to reflect fundamental, substantive, democratic expectations. The areas covered here suggest some preliminary thoughts and agendas for future research, where public interest values arising from expectations of equality of citizenship may appear to relate closely to existing or nascent legal principles, both in public law and private law. In essence, the agenda identifies a range of areas in which private property power is, or might be, limited by reference to non-commodity values. The focus of this book has been from the outset specifically on the impact of regulation in the name of the public interest rather than broader questions of the constitutional order. Thus, this chapter explores potential edifices for legitimate public interest intervention which highlight the actuality of, or potential for, the lawyer acting as institutional architect in pursuit of constitutional objectives. The focus is on the extent to which law may fulfil its potential as a ‘surrogate political process’ in relation to democratic values.
Summary and Conclusions
Authors: Feintuck Mike 
Published: April 2012

Abstract
The essential argument of this book has been that ‘the public interest’ need not be a cover for ignorance, or an empty vessel, and that seeking to understand it need not be comparable with the mythical quest for the Holy Grail. Rather, the concept has the potential to serve fundamental democratic values. Viewed holistically, both civic republicanism in the United States and liberalism in the United Kingdom acknowledge democratic values beyond those of the market, and identify citizenship concerns as central to the democratic settlement. In addition to the hegemony of market-individualist ideology and the rise of global capital, a combination of other factors have led to the ‘non-commodity values’ contained within democracy being put under severe threat. While in practice it is likely that the term ‘public interest’ will continue to be used loosely, and will carry a variety of meanings, a core meaning could be established in the context of regulation which identifies it closely with the values of equality of citizenship within democracy.
The Long Farewell
Authors: Stolleis Michael 
Published: April 2012

Abstract
This chapter gives a brief sketch of the most important factual developments that provided the foundation of the academic and intellectual world of public law in the year 1914. The book does not move ‘forward’ along a single ideational track, nor is it even possible to determine criteria for such a ‘track’. Moreover, the notion of ‘development’, which generally contains elements of determinism or suggests progress, is, if anything, misleading in the field of jurisprudence. On the basis of texts of ‘established law’, the actors in this process communicate about a hierarchy of linguistic patterns that are used to interpret and regulate social reality. This chapter attempts to sketch the atmospheric background, and to illuminate how the teaching and research of public law unfolded within the social and political context of the time, reacted to this context, and in part helped to shape it.
State Law and Administrative Law after the Nazi Seizure of Power
Authors: Stolleis Michael 
Published: April 2012

Abstract
The swift measures that followed the torchlight procession in Berlin on 30 January 1933, made it very clear that a continuation of politics under the Weimar Constitution was out of the question. With the suspension of the most important basic rights by the Decree of 28 February 1933, and the Enabling Act of 24 March 1933, the hated ‘interim constitution’, the ‘un-German interim Reich of anti-Bismarckian Marxism’, the ‘liberal Rechtsstaat’ was at an end. Still, many jurists entertained the illusion that the new regime, once the initial revolutionary phase was over, would establish itself as a ‘national Rechtsstaat’. The signing of the Reich Concordat in July 1933, the measures against unemployment, and the initial diplomatic successes of the regime did their part to feed the optimism that everything would return to the right track once the revolutionary ‘excesses’ had dissipated.
The Destruction and Self-Destruction of a Scholarly Discipline
Authors: Stolleis Michael 
Published: April 2012

Abstract
With the suspension of basic rights in the wake of the Reichstag fire and the Enabling Act of 24 March 1933, key pieces had been wrenched from the first and second main sections of the Weimar Constitution. The legally protected distance between state and citizen had been abolished along with the parliamentary system. After the elections of 5 March 1933, the Reichstag was merely an organ of acclamation, further weakened by the fact that the regime could also appeal to the people to render its acclamation directly. The sole ‘positive, valid basic law of the present polity’ was now ‘the unconditional primacy of political leadership’. As decisions were increasingly concentrated in the dictator or were delegated by him — in circumvention of the relevant offices — to agents, who then had to amass their authority from the traditional departments, the state became less and less ‘constitutional’.
Administrative Law and International Law
Authors: Stolleis Michael 
Published: April 2012

Abstract
The ‘shift toward administrative law’ during the Nazi period was an attempt by state law jurists to avoid the dangerous questions about what form the state would take. Furthermore, what kept the state running was an administration that was guided by emergency decrees and operated in accordance with traditional rules. Carl Schmitt made this clear in 1932 in a suggestive way in a discussion of the classic theory of the separation of powers. He had argued that the legislative state, was today paralysed, its legitimacy exhausted. The jurisdictional state (Uurisdiktionsstaat), he claimed, was static, habitually conservative, and incapable of creative action. The governing state (Regierungsstaat) was marked by sovereign will and authoritarian. The legislative, no longer functional, was to be replaced by the will of the leadership, while a ‘restored’ professional civil service was to realize the common good defined by authoritarian fiat.
The End
Authors: Stolleis Michael 
Published: April 2012

Abstract
The outbreak of the Second World War in 1939, led to an enormous push toward discipline and regimentation. On one hand, an administration that functioned according to rules seemed necessary to run the war machine. On the other hand, the very adherence to the rules aroused the suspicion of the regime, which wanted to smell ‘bureaucracy’ behind it. However these clashes ended, it was patently obvious that law was no longer an end in itself, but a means that could be cast aside as soon as a more suitable instrument was available. Winning the war was paramount and this goal soaked up whatever remnants of liberty and the Rechtsstaat still existed. The outbreak of the war was greeted for the most part with depressed silence. After an ‘intermediate high’ in 1940–1, when Hitler's position seemed unassailable, approval for the regime gradually declined as defeat loomed increasingly on the horizon.
Principles of Human Rights Adjudication
Authors: Gearty Conor 
Published: April 2012

AbstractThe Human Rights Act 1998 was one of the first pieces of legislation passed by New Labour. Some ministers believe that it is the greatest thing that they have done, whereas others view it as a dangerous mistake. This volume explains what the Act is about and where it fits into Britain's constitutional tradition, and explores whether or not it has achieved its goals. Since the act was passed, a large body of case law has built up around it. The Act has enjoyed its fair share of controversies and has produced its own range of disappointments. It has become part and parcel of law courses in all universities, and has attracted the attention of practitioners from all areas of practice. It is now part of Britain's constitutional furniture, of interest and relevance not only to lawyers but also to political scientists, contemporary historians, and the general public. This book takes a fresh look at the place of the Human Rights Act in Britain's constitutional order. It locates the measure in its political and historical context and analyses the case law from the perspective not only of principle but also of practical experience. It examines the effect of the Act, and provides the tools to make informed predictions on the likely outcome of cases.
The Impossible Demand: Human Rights and Representative Democracy
Authors: Gearty Conor 
Published: April 2012

AbstractThis chapter justifies the claim that it is possible to identify three principles that underpin the Human Rights Act. It examines the legal conception of human rights, the paradox of human rights law, the British constitutional tradition and the challenge of the Human Rights Act, and human rights and judicial power. It discusses the content of the rights set out in the Act, and looks at the way in which the measure goes about protecting those rights. It also explores how the European Convention and the Act are interpreted, with the former having to survive in a philosophical climate that has been hostile to absolute or natural rights, and the latter having to be delivered out of a local constitutional and legal culture that has also been antagonistic to such entitlements.
Hand movements and musical performance
Authors: Jerde Thomas E. , Santello Marco , Flanders Martha , Soechting John F. 
Published: April 2012

AbstractThis chapter discusses movement kinematics in musical performance. Hand movements, like all movements, are subject to biomechanical and neural constraints. The design of musical instruments and the structure of musical compositions, as human inventions, undoubtedly conform to these constraints. This chapter discusses the influence of these constraints by extrapolating from observations on hand movements in musical performance. It also examines the extent of co-articulation in highly practiced behaviours such as typing, piano playing and finger spelling in American Sign Language.
Fingering and bowing in violinists: a motor control approach
Authors: Wiesendanger Mario , Baader Andreas , Kazennikov Oleg 
Published: April 2012

AbstractPlaying the violin requires exceptional skills in bowing and fingering and execution implies an exquisite temporal and ordinal precision of finger and bow movements, together with a fine-grained force control. This chapter assesses the timing of inter-limb coordination during playing of a simple tune on the violin. It examines bow-fingering synchronization and investigates the forces that control tonal intensity as well as quick changes in intensity for accentuations of the melody. It concludes with the suggestion that even relatively simple musical sequences can reveal interesting principles of motor control, especially about inter-limb coordination and the kinetics of bowing.
Epidemiology, phenomenology, and therapy of musician's cramp
Authors: Jabusch Hans-Christian , Altenmüller Eckart 
Published: April 2012

AbstractFocal dystonia in musicians, also known as musician's cramp, is a task-specific movement disorder which presents itself as a painless muscular incoordination or loss of voluntary motor control of extensively trained movements while a musician is playing the instrument. This chapter addresses the phenomenology and epidemiology of musician's dystonia based on the data from affected musicians. It also outlines treatment strategies and results based on a retrospective inquiry and self-evaluation of affected musicians treated with currently available therapies.
Music performance anxiety
Authors: Kesselring Jürg 
Published: April 2012

AbstractThis chapter discusses music performance anxiety (MPA). MPA may be defined as a state of arousal and anxiety occurring before or while a person is performing non-anonymously in front of an audience producing a valuable or evaluated task touching on his/her self-esteem. Among the symptoms are palpitation, intestinal problems, tremor, difficulty concentrating, dry mouth, wet hands, difficulty with intonation, unreliable memory, increased sweating, and irregular breathing. The chapter also discusses its causes, prevalence, and treatment strategies. Cognitive-behavioural strategies are used by many musicians to cope with MPA: positive thought, visualization and distraction, muscle relaxation, deep breathing, proper nutrition and exercise.
Law as a Moral Idea
Authors: Simmonds Nigel 
Published: April 2012

Abstract
The nature of law is best understood as the expression of a moral idea: the idea of freedom as independence from the power of another. The moral value of law is not contingent upon circumstance, but inherent in its character as law. In making these claims, the book seeks to move jurisprudence closer to an older tradition of philosophical reflection upon law, exemplified by Hobbes and Kant. Most contemporary legal theorists view the understanding of existing institutions as quite distinct from any enterprise of moral reflection. But the relationship between institutions and moral ideas can be much more intimate than this approach would suggest. Some institutions can be understood only as imperfect attempts to realise moral or political ideas, and some ideas can be understood only by reference to their expression in institutions.
Normativity, Legality and Judgment
Authors: Simmonds N.E. 
Published: April 2012

Abstract
In the justification of judicial decisions, the legal status of rules is critical. The justice or wisdom of a rule will not, on its own, justify a judicial decision if the rule in question is not itself a law, and if its application is not required by law. H.L.A. Hart acknowledges that an adequate theory of law must be capable of rendering intelligible the invocation of law as a justification for judicial decisions. But Hart’s own theory fails this test, for two reasons. Firstly, the basic rule of recognition may, according to Hart, be accepted by officials for purely non-moral reasons of self-interest, but Hart fails to see that a rule supported only by such reasons cannot be invoked as a justification for a judicial decision. Secondly, derivability of a rule from the rule of recognition does not, in itself, guarantee that the rule so derived has the status of law: this would be so only if the rule of recognition was the basic rule of a body of laws. But a governing system of rules may fail to constitute a body of laws for reasons made clear by Lon Fuller. Legal positivists such as MacCormick and Raz have proposed amendments to Hart (with the ideas of “underpinning reasons” and of law’s “claims”) in order to overcome the first problem, but their amendments fail to address the second problem, which they wholly overlook. Only an acceptance of law’s status as an intrinsically moral idea can overcome that problem.
Inhibition of return
Authors: Lupiáñez Juan 
Published: April 2012

AbstractThis chapter examines the concept of inhibition of return (IOR) and its possible role in disengaging attention. It analyses the effects and the mechanism responsible for IOT and suggests that these can be considered as the result of the inhibition of attention returning to a previously attended or cued location. It contends that the cueing effect that is measured by IOR will depend on the cue-target stimulus onset asynchrony (SOA) as well as on the task to be performed with the target.
The attentional blink: temporal constraints on consciousness
Authors: Shapiro Kimron L. , Raymond Jane E. 
Published: April 2012

AbstractThis chapter examines how the temporal limits of selective attention work to constrain consciousness. It suggests that the attentional blink (AB) effect and the paradigm used to measure it have proved highly useful for examining the processes that give rise to conscious perception. The AB paradigm has shown that the transfer of sensory information to consciousness can be time-consuming and can trigger a set of neural events that probably aid the selection of task relevant information for consciousness.
Vigilant attention
Authors: Robertson Ian H. , O'Connell Redmond 
Published: April 2012

Abstract
This chapter examines vigilant attention, an attention system of the brain that has evolved with certain limitations. One reason why the vigilant attention system may have evolved imperfectly is because there are survival advantages associated with periodic disengagement from the current focus of attention. This type of attention is extremely sensitive to disorders and damage to the brain and can be a major source of difficulty in everyday life in conditions such as traumatic brain injury and attention and deficit hyperactivity disorder (ADHD).
Behavioural adaptation to redundant frequency distributions in time
Authors: Wagener Annika , Hoffmann Joachim 
Published: April 2012

AbstractThis chapter examines to what extent repeated temporal relations between stimuli automatically lead to preferential treatment of those stimuli that have frequently been experienced at some given point in time. It reviews the main findings of the foreperiod paradigm and suggests that the observed target-specific effects of temporal validity are based on associations between the critical points in time at which targets appear and the task-relevant features of the targets that are frequently experienced at these points in time, such as target identity and required response.
Neuroanatomical substrates of foreperiod effects
Authors: Vallesi Antonino 
Published: April 2012

AbstractThis chapter discusses the behavioural effects of implicit temporal preparation and the hypothetical cognitive processes underlying foreperiod effects. It describes recent studies of the neuroanatomical substrates of temporal preparation and evaluates their impact on cognitive theories. The findings of the studies reviewed support the view that temporal preparation is a multi-componential cognitive capacity, consisting of supervisory processes on the one hand, and more automatic factors on the other.
Enhancing behavioural performance by visual temporal orienting
Authors: Correa Ángel 
Published: April 2012

AbstractThis chapter focuses on studies of visual temporal orienting, in which expectations are induced by cues providing explicit and predictive information about the temporal onset of a task-relevant stimulus. It describes the behavioural consequences of temporal orienting through a variety of tasks demanding specific aspects of cognitive processing and suggests that it facilitates the processing of task-relevant stimulus representations flexibly, through a broad spectrum of cognitive processes. The chapter provides evidence about the interrelations between attentional preparation and different types of temporal information.
Temporal prediction during duration perception
Authors: Pouthas Viviane , Pfeuty Micha 
Published: April 2012

AbstractThis chapter examines the role of contingent negative variation (CNV) on temporal prediction during duration perception. It discusses the issue of explicit and implicit timing and proposes the hypothesis that there is a progressive build-up of a time reference hat, a sort of trace conditioning takes place either during the encoding phase of matching-to-sample comparison or during the reproduction of tasks. It also suggests that the resolution of the CNV over left and medial frontal areas would be triggered by the offset of the trace or by the expected end of the target.