bluuebunny/crossref_metadata_2025_split huggingface dataset:
Conclusion
Authors: Siegel Neil S. 
Published: April 2024

Abstract
This conclusion identifies key takeaways of The Collective-Action Constitution and different audiences that would benefit from accepting the central claims of the book. Constitutionally conscientious legislators and executive-branch officials, both federal and state, may better execute their responsibilities if they mind the collective-action logics that explain and justify much of the Constitution. Similarly, concerned citizens may reorient elements of their civic participation—what they demand of different governments—if they bear these logics in mind. Moreover, because this book privileges breadth of coverage of the Constitution and constitutional law over depth, there will remain room for legal scholars and political scientists to examine more closely the collective-action dimensions (or not) of specific clauses, sections, principles, decisions, and ideas—including those neglected here. Finally, the book cautions the Supreme Court and other federal courts, which can be quite assertive, not to substantially restrict federal authority in the years ahead, whether through constitutional-law holdings contracting congressional power or administrative-law decisions diminishing agency power. The nation will continue to face pressing problems that spill across state (or national) borders, so federal action will be needed to address them effectively. In general, the federal government has authority to act. And given the horizontal structure and the era of partisan polarization and animosity in which Americans will continue to live, there are already major impediments to the ability and willingness of members of Congress to overcome their own collective-action problems and legislate. Doctrine should vindicate, not thwart, the Constitution’s main structural logic—its collective-action objective.
The Political Ascent of the New Creed
Authors: Kus Basak 
Published: April 2024

Abstract
This chapter examines the growing political appeal of economic theories of regulation beginning in the early 1970s, when regulation was still largely seen as a beneficial solution in the public’s interest, to be modified only when economic costs outweighed public advantages. The critique against substantial government regulation, emerging within governmental corridors, was of a revisionist and pragmatic bent. Regulatory reform was seen as a tool for controlling inflation and spurring growth, often implying a reduction in regulations and the incorporation of market incentives in congruence with cost–benefit analyses. Later, in the 1980s, the critique evolved into a more systematic stance, with regulation being viewed not as a solution but as the inherent problem. There was a palpable shift in regulatory approach towards privatized decision-making, endorsing concepts of individual rationality and market discipline.
The Common Law of Property
Authors: Essert Christopher 
Published: April 2024

Abstract
This chapter explores the core of the private law of property, and shows how the doctrines commonly understood to be at that core can be seen as realizations of the idea of yours and mine in their particular contexts. It begins with trespass, viewed as the most basic realization of the idea of yours and mine, and shows how, paired with the power to license entry, the right protected by trespass can be seen as the common law’s way of allowing us to have things as our own. It then proceeds to extend the account to the law of nuisance, and then to the law of acquisition and possession more generally, to transfer of property, to shared ownership, tenancy, and the law of servitudes.
Collective Bargaining and Labor’s Industrial Democracy
Authors: Staszak Sarah 
Published: April 2024

Abstract
Chapter 2 details the development and entrenchment of labor arbitration, one of arbitration’s original institutional orders that was later converted in the service of modern, private arbitration. It examines labor arbitration’s origins and early development to show that its use in this area of policy was legitimated by characteristics that are meaningfully absent from modern arbitration today, among them its democratic origins, reliance on government-regulated collective bargaining processes, and equality among the contracting parties. It would later be used as a foundation for modern arbitration nonetheless. This transition, however, required reformers across government to strip labor arbitration of its context and underpinnings to repurpose it in the service of establishing the modern PDAA.
Conclusion
Authors: Staszak Sarah 
Published: April 2024

Abstract
Chapter 8 concludes with a discussion of the book’s arguments and its implications, particularly the extent to which private arbitration in modern employment and consumer contracts is the culmination of a decades-long process of institutional conversion. It argues that, by repurposing arbitration’s original institutional orders, advocates—once meaningfully bipartisan, and only recently so strictly ideological—have successfully unmoored arbitration from its original understanding, utilizing those same roots to pursue arbitration of an entirely different form. This change constitutes nothing less than a shift from public to private governance, a privatization of a central function of democracy across a growing array of policies. It also explores the ways this phenomenon also has implications for how we understand institutional change; alternative to arbitration; the politics of litigation reform through privatization; and what this privatization of dispute resolution might mean for a democracy.
Defective Primary Laws
Authors: Boatright Robert G. 
Published: April 2024

Abstract
This chapter uses contemporary comparative work on the quality of election laws to analyze variations in American primary election reform. There is substantial variation in primary laws across the United States, and many of the nation’s primary laws are the result of decades of tinkering with laws that were initially unworkable or problematic. Some modifications were thus the result of identifiable problems in the laws themselves. Others, however, were efforts by opponents of primaries to modify the laws for their own advantage or to make primaries less democratic. It can be difficult to distinguish between these two approaches. However, using contemporary theories of election design, we can determine when election laws alleged to be problematic were actually flawed, and whether reforms to these laws changed them in ways that contemporary observers would support. This chapter identifies poorly written primary laws and analyzes the rationale for reforms.
Are Southern Primaries Different?
Authors: Boatright Robert G. 
Published: April 2024

Abstract
Most histories of the direct primary tend to treat Southern states differently from Northern ones, on account of the one-party nature of Southern elections and the use of the primary to exclude Black voters. Yet many of the causes of election reform in the North, such as the Progressive movement and the effort to accommodate nonparty groups, were still felt in the South. This chapter explores the relevance of theories about the development of the direct primary to primary law changes in the American South, with a particular focus on how Southern primary laws shaped the behavior of Southern House and Senate members. In addition, the chapter addresses the question of whether primary election laws that are uniquely Southern, such as the runoff election, can be understood as being about anything other than race. The discussion here suggests that we should not necessarily treat Southern primaries as being sui generis on account of their racial dynamics.
Politics, conflict, and ideology
Authors: Ferrera Maurizio 
Published: April 2024

Abstract
The concept of ideology occupied a central position in political thinking during the twentieth century. Empirical political science has however increasingly marginalized ideology as both an object of study (think of the ‘end of ideology’ thesis) and an analytical category. Much of the debate has continued to take for granted the pejorative connotation of the Marxist school (ideology as false consciousness), on one side, and of pluralist approaches (ideologies as dogmatic doctrines or mentalities), on the other side. If we revisit classical accounts—as well as some less-known contemporary strands of research in the cognitive sciences and political theory—it becomes possible to provide a different, more neutral, and more general conceptualization of ideologies, understood as mental maps which contain a description of reality and a set of prescriptions about how to improve it. Ideologies provide meaning to interests (even create them) and embody themselves in institutions, of which they define the purpose and often the design. What are the features of ideology that enable them to autonomously impact on society and politics? This chapter provides a review of key debates, focusing in particular of three strands of literature: political psychology, discursive institutionalism, and the morphological theory of ideology.
The age of unsettlement (1980–2010)
Authors: Ferrera Maurizio 
Published: April 2024

Abstract
The deep crisis of the 1970s rapidly eroded the foundations of the social democratic consensus. Somewhat paradoxically, the very achievements of the postwar welfare state contributed to the exhaustion of mainstream ideological traditions and their original normative commitments. The left, in particular, was unable to undertake a morphological reconfiguration capable of countering the rising hegemony of neoliberalism. New ideologies emerged and some old ones resurrected. The left-right frame lost increasing traction, while the rise of nationalism and populism shifted ideological competition towards the in-out and down-up frames: natives versus immigrants, the people versus corrupted elites. Thus the Golden Age—underpinned by pragmatic social reformism—was ingloriously replaced by a litigious constellation of juxtaposed ideological oppositions along a plurality of dimensions.
The decommunalization of Europe
Authors: Ferrera Maurizio 
Published: April 2024

Abstract
The Euro crisis unleashed an unprecedented conflict between North and South, essentially revolving about crossnational transfers. Policy choices were driven by functional and econocratic thinking, but they inevitably raised issues related to the attribution of merit and guilt, thus originating a moral conflict, which resurrected the old cultural-religious cleavage between Catholic and Reformed Europe. The internal features of ordoliberalism conferred to this ideology an extraordinary capacity to prevail by means of persuasion, manipulation, and situational conditioning, drawing on specific morphological and motivational advantages. Thus this ideology (turned into a fully fledged civic religion) acquired a hegemonic role in orienting attitudes and behaviours at both the elite and mass levels. With the passing of time, ordoliberal power provoked in turn a political and ideological backlash, prompting an aggressive revival of anti-system visions on the side of the radical left. Despite the dramatic social implications of the crisis, once more the reformist left was unable to overcome its internal divisions. In many ways, the first half of the 2010s can be seen as the peak of that process of decommunalization which accompanied ideological restructuring since the 1990s.
The solidaristic turn in public opinion
Authors: Ferrera Maurizio 
Published: April 2024

Abstract
The reluctance of European leaders to promote solidaristic solutions during the crisis mainly responded to the rise of Eurosceptic sentiments at the national level (the so-called transnational cleavage). However survey data show that Northern leaders were much more opposed to crossnational solidarity than their voters, especially centre-right leaders. Given the role of Germany within the EU, the responsibility of this country’s Christian democrats in eroding the communal foundations of the EU is hard to deny. The divergence between the German elite and the voters corroborates the deep influence exercised by the ordoliberal ideology at the elite level—and thus indirectly and more generally the autonomous causal role of ideologies. The situation started to change in correspondence with the 2019 European election. A gradual realignment of elite-mass orientations took off, driven by a process of ideological revision which affected in particular the German context.
Trust and the Rule of Law
Authors: Simpson Thomas W. 
Published: April 2024

Abstract
This chapter is interested in the conditions that sustain the rule of law. It is argued that there is a reciprocal relationship between the rule of law and trust. The rule of law promotes a culture of trust, while a culture of trust promotes the rule of law. Conversely, the absence of the rule of law undermines a culture of trust, and a culture of distrust inhibits and undermines the rule of law. The reciprocal relationship has significant normative implications. Because trust is an independent influence on the rule of law, protecting the sources of social trust is a goal of both law and policy, and one that may trade off against that of social justice.
Understanding Praise
Authors: Wolf Susan 
Published: April 2024

Abstract
This chapter responds to Zoe Johnson King’s Chapter 9, ‘What are we praiseworthy for?’, raising some questions and challenging some details and assumptions. It argues that understanding praise should not be identified with answering Johnson King’s title question. The former task should give some attention to the relation between moral praise and praise more generally, and should consider the distinction between praising someone and giving them credit. Further, it suggests that morally good or right action may only deserve praise if it passes a threshold of difficulty. While agreeing with Johnson King’s view that moral praiseworthiness requires roughly ‘doing the right thing for the right reasons’, it questions whether this idea is best analyzed in terms that refer to ‘the correct moral theory’. Finally, the paper warns against identifying the aims of being praiseworthy and doing what is praiseworthy with the more properly fundamental aims of having the right attitudes and doing what is good.
Intentions, Procedures, and Social Rules
Authors: Bratman Michael E. 
Published: April 2024

Abstract
Brian Flanagan asks in Chapter 27: What explains why certain texts are legal statutes? His answer highlights majority-preferred legislative procedures: certain outputs of such procedures are intentions of the legislature that certain texts be statutes––though intentions that need not conform to a List-Pettit model of group intentions as involving dense structures of a group mind. This chapter is in agreement with Flanagan’s focus on legislative procedures and with the idea that the outcomes of such procedures can be institutional intentions of the legislature. But an alternative model of such procedures, one that sees them as a kind of social rule that need not satisfy a strong majoritarian constraint is argued for. This proposal highlights, but qualifies, the role of shared policies in relevant social rules; and it supports the idea that certain procedural outputs are intentions of the legislature, functionally speaking. This highlights the core role of planning agency in our institutional lives.
Welfare performance over the long 2010s
Authors: Hemerijck Anton , Matsaganis Manos 
Published: April 2024

Abstract
In this chapter, we trace the progress of European welfare states towards reconciling economic prosperity and social cohesion at the macro-level. We do this by looking at a set of economic and social indicators, comparing performance in 2007 and 2019. We find that in terms of spending and (most) outcomes the welfare state was in better shape when Covid-19 broke out than it used to be in the more carefree days before the global financial crisis. Some developments do give cause for concern. Income inequality rose, though its overall growth was rather limited; economic growth was slow; wage growth was even slower; (male) employment growth was disappointing; demographic ageing has advanced; tax rebalancing remains inadequate; and training systems seem ill-prepared for the digital transition. Nevertheless, compared with other parts of the world, Europe continues to offer an attractive combination of economic prosperity, lower inequality, and higher social mobility.
Fostering resilience
Authors: Plavgo Ilze , Hemerijck Anton 
Published: April 2024

Abstract
This chapter investigates whether and in what ways European governments departed from the austerity-dominated paradigm of welfare reform after 2014. It explores the direction of change and relative coherence between the functions of social protection, activation, and capacitation, in twelve European countries, in 2015–2019. Drawing on data from national legislation, social policy reform is tracked across the life-course arenas of family policies and work–care reconciliation, lifelong education, employment, and retirement, distinguishing between regressive/exclusionary and progressive/inclusive adaptations. Overall, we observe welfare expansion and recalibration towards more integrated social investment policy mixes, especially regarding lifelong education and gender-balanced activation. This includes countries which had pursued austerity up to 2014. Nevertheless, significant cross-country variation remains in the extent to which policies have been aligned, with some pursuing a ‘synergy-oriented’ approach and others more ambivalent reform trajectories. A minority of cases remained skewed towards transfer retrenchment and deregulatory labour market flexibilization.
New Social Contract Theory
Authors: Moehler Michael , Thrasher John 
Published: April 2024

Abstract
Social contract theory enjoys a long history in moral and political philosophy. Since the European Enlightenment, social contract theory has become one of the most important traditions in moral and political philosophy. This chapter provides a brief introduction to central concepts in social contract theory and their development over time. Most importantly, the chapter clarifies some of the distinct features of new approaches to social contract theory (or “new social contract theory” for short) that have evolved in the twenty-first century and are most suitable for capturing the circumstances of contemporary societies. The chapter also provides an overview of the contributions to this book and their connections both methodologically and thematically.
Diversity, Polarization, and Dynamic Structures
Authors: Fard Sahar Heydari 
Published: April 2024

Abstract
This chapter argues in favor of a structural turn in social contract theory. More precisely, the chapter argues that dealing with the complex and dynamic nature of the social world requires an emphasis on social structures greater than those contractarians often consider. The argument takes structures to be the dynamic and nonrandom networks of interdependence among all active components that shape society. The chapter constrains its focus to a growing body of literature on diversity that explores plausible contractarian alternatives, given the complexity of modern societies. It maintains that shifting weight from diversity to structures in theorizing alternative contractarian frameworks would be an improvement.
Bargaining, Diversity, and the Veil
Authors: Bruner Justin P. 
Published: April 2024

Abstract
The social contract is often modeled as a bargaining problem. Yet how should the fruits of cooperation be divided? Despite more than fifty years of debate, philosophers and economists cannot agree on a privileged solution to the bargaining problem. This chapter considers rational bargainers tasked with selecting a solution behind a veil. The chapter shows that, surprisingly, consensus behind the veil is robust and agreement holds even as the veil becomes increasingly “translucent.”
South Africa and Botswana
Authors: Cormier Ben 
Published: April 2024

Abstract
Chapter 4 traces annual fiscal and borrowing policymaking processes in South Africa and Botswana. These countries are helpful initial comparative tests of the theory presented in Chapter 2 because their annual external borrowings defy disciplinary expectations—there is variation on the dependent variable, and not in the manner than each country’s economic characteristics would lead one to expect. Despite junk credit ratings, high interest rates, and left-leaning governments, South Africa has historically used bond markets rather than official creditors when meeting annual external borrowing needs. In contrast, despite investment grade credit ratings, repeated encouragement by investors to issue bonds, and a conservative government, Botswana has almost strictly used official credit when borrowing abroad each year. The chapter illustrates how these different annual borrowings and subsequently divergent debt structures can only be explained by understanding the role of government partisanship in sovereign debt accumulation. South Africa’s left-leaning government uses markets as an exit option from conditional official creditors that would constrain their policies, even though markets are more expensive than official creditors. Meanwhile, Botswana’s conservative government implements policies that official creditors prefer in the first place, meaning Botswana does not seek to avoid conditionality and uses official creditors’ cheaper and longer-term credit without risking immediate political backlash for loss of policy autonomy.
Peru
Authors: Cormier Ben 
Published: April 2024

Abstract
Chapter 5 covers Peru, an important third case for two reasons. First, government partisanship changed over the timeframe of this study. This allows for a within-case test of partisanship’s effects on foreign borrowings, adding to the between-case test in Chapter 4. Second, the country’s DMO is a unit within a reputably independent ministry that uses its influence to promote conservative economic policies in many areas of Peru’s economy despite the election of increasingly left-leaning governments since the early 2000s. If this book’s model of sovereign debt accumulation is credible, the effect of government partisanship on external borrowing should persist throughout these partisan shifts and despite an influential and ideological DMO. This chapter shows this is the case: as Peru has elected more left-leaning governments, the DMO has been forced to use more bond market finance to fulfill its external borrowing needs.
The UK and the Global Health and Social Care Labour Market
Authors: Elliott Robert 
Published: April 2024

Abstract
This chapter documents the dependency of the UK health service and adult social care sector on foreign-born workers. It details the scale of this dependency, contrasts it to that of other countries, and reveals the increasing globalization of health care labour markets. It explores the economic explanations for this dependency, distinguishes the reasons that health and social care workers come to the UK, and examines some of the impediments to their migration. It considers the impact of migration on the UK labour market and what this might mean for the pay and employment prospects of native workers.