bluuebunny/crossref_metadata_2025_split huggingface dataset:
A New Model of Marriage
Authors: Lind Göran 
Published: January 2009

Abstract
This chapter focuses on a new model of formal marriage, one that avoids the problems of cohabitation legislation, and can be attractive to couples who will be starting families in the future as well as to the state in its capacity as the third party to the marriage contract. The objective is to change the perspective by focusing on formal marriage and to initiate a debate concerning an alternative solution to the legal developments in the Western world since the 1970s.
English Thought on Search and Seizure to 1642
Authors: Cuddihy William J. 
Published: January 2009

Abstract
“Unreasonable searches and seizures” existed as a concept in the English mind long before the Massachusetts Constitution of 1780 first employed that phraseology. By 1580, criticism of England's methods of search and seizure had begun, and by 1642, Englishmen of diverse backgrounds already assumed that certain methods merited extinction as illegal and illegitimate. This chapter discusses English opinion regarding search and seizure before 1580, English opinion regarding search and seizure, 1580-1642; the structure of English opinion regarding search and seizure, 1580-1642; and the anatomy of Tudor–Stuart opinion on search and seizure, to 1642.
The English Law of Search and Seizure, 1485–1642
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter discusses the changes in English law of search and seizure between 1485 and 1642. By multiplying the types of search and seizure, Tudor–Stuart lawmakers multiplied the circumstances in which officials could enter English houses. Because most proprietors of those homes were unaccustomed to their routine entrance by officials, they had cause to perceive this proliferation of searches as excessive and to formulate the concept of unreasonable search and seizure.
The General Warrant in Intellectual and Political Perspective, 1642–1700
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter focuses on the English roots of the general warrant clause of the Fourth Amendment. Between 1642 and 1700, the general warrant lost its legitimacy in the writings of England's opinion makers but retained its legality in the statutes and policies of lawmakers even though the makers of law and opinion were often the same. Yet this paradox should not obscure a massive negative shift in public attitudes towards general warrants as the salient event respecting search and seizure in the England of this period. This shift contributed a major pillar to the Fourth Amendment's specific warrant clause.
Search and Seizure in England, 1642–1700: The Legal Background to the English Critique of General Warrants
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter discusses England's laws and uses of search and seizure between 1642 and 1700. During this period, belief and law on search and seizure clashed because the general warrant continued to flourish even as Coke's Institutes and other treatises proclaimed its illegality. General warrants, searches, and arrests continued to be used to apprehend felons, recover stolen property, collect taxes, control weapons, muzzle the press, regulate the guilds, and to discourage vagrancy, game poaching, religious deviance, and political dissent. The thesis against general warrants that evolved between 1642 and 1700 was not a legal reality but a belief that reality contradicted. Conversely, the roots of the amendment grew less from English law than from inherited legal theories about that law.
The Political Background to the Emergence of the Specific Warrant in Massachusetts, to 1760
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter shows that specific warrants took root in Massachusetts because of events—especially political events—that were peculiar to it. Although the American colonies were settled after the emergence of the English concept of unreasonable search and seizure, only Massachusetts developed the traditional Anglo-British stimulants to further restraint of the search process: violent searches that antagonized key religious or political groups, sudden increases in the number and frequency of violent searches, and prolonged embroilment of those searches in the political process.
Colonial Responses to the Controversies over Wilkes, General Warrants, and Writs of Assistance: The Widening Opposition to General Warrants
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter shows that the Wilkes affair and writs of assistance spurred opposition to promiscuous search and seizure throughout colonial America. Although this growing hostility to general search and seizure was neither uniform nor free of political and expediential motives, it marked another milestone on the odyssey of events and ideas that ended in the Fourth Amendment. Until the 1760s, the evolution of unreasonable search and seizure had been a British affair, for colonial law had neither rejected general warrants nor embraced specific ones. In the fifteen years before the revolution, however, the colonists came as close to those destinations as the British had in the preceding hundred and fifty.
Compliance Theory
Authors: O'Connell Mary Ellen 
Published: January 2009

Abstract
After World War II, the international legal restrictions on the use of force were finally codified in the United Nations Charter. The United States championed the Charter until Morgenthau and his successors persuaded many policymakers to pursue military superiority in the world in disregard to an international law seen as lacking powerful means of enforcement. Henkin and others responded that it is not enforcement that gives law its authority but actual compliance. Compliance theory provided an answer to the international law deniers that worked for a time until international law became the target not only of political science “realists” but also of post-modern legal critics. Post-modernism, however, also held the seeds of renewal for international legal theory with its critique of rationalism, positivism, and imperialism.
Unilateral Armed Measures
Authors: O'Connell Mary Ellen 
Published: January 2009

Abstract
The UN Charter regulates the use of force by states. It permits states to use armed force to enforce a limited set of rights under international law. Principally, states may use force in individual or collective self-defense against a significant armed attack. Even in such a case, force may only be used against the state responsible for the armed attack and only to the extent necessary and proportional to the goal of defense. These rules limit the use of major military force to respond to terrorism. The coalition liberation of Kuwait in 1991 is an example of the lawful use of force in self-defense. The coalition use of force against Iraq in 2003 violated the law. International law clearly prohibits uses of force to pre-empt or prevent threats.
Introduction
Authors: Kim Annette Miae 
Published: January 2009

AbstractThe emergence of entrepreneurs and a private real estate market in Vietnam is one of a growing number of cases that challenges the Washington consensus approach to international development. Vietnam has some of the weakest private property protections, an authoritarian government which intervenes in the management of firms, and under-developed financial and legal institutions. While there is growing consensus that institutions and power matter in explaining the variation in economic outcomes that we observe, this chapter discusses the limits of the disparate new institutionalist literatures and traditional political economy accounts. It then introduces social cognition theory as a way to connect the insights of these literatures and to explain better the processes of major institutional change.
Clonality
Authors: Avise John C. 
Published: January 2009

AbstractAbout 99.9% of vertebrate species reproduce sexually. This makes the exceptional 0.1%—the asexual or clonal reproducers—fascinating in their own right, and also uniquely instructive about the biological significance of alternative reproductive modes. This book describes the genetics, ecology, natural history, and evolution of all of the world's approximately 100 “species” of vertebrate animal that routinely display one form or another of clonal or quasi-clonal reproduction. The book investigates the astounding realm of sexual abstinence, from the levels of DNA molecules and somatic cells to whole animals and natural populations. Also described is how scientists have learned to mimic and extend nature's own clonal processes by engineering perfect copies of genes, genomes, and whole animals in the laboratory. By considering the many facets of sexual abstinence and clonal reproduction in vertebrate animals, new light is also shed on the biological meaning and ramifications of standard sexuality.
Reproduction by the Semichaste: Gynogenesis, Hybridogenesis, and Kleptogenesis
Authors: Avise John C. 
Published: January 2009

AbstractThree natural quasi-asexual or quasi-sexual genetic modes (hybridogenesis, hybridogenesis, and kleptogenesis) can be described as parthenogenetic-like processes with added dashes of sex. Females in the clonal or hemi-clonal taxa that live these reproductive lifestyles are not virgins; rather, each mates with a male from a foreign species and utilizes his sperm. However, because of the cellular mechanics involved, these males usually make no lasting genetic contribution to future generations of the unisexual lineage. Instead, they have been the duped victims of sexual parasitism. Approximately 50 “species” of fish and amphibian, usually but not always consisting solely of females, constitutively reproduce by one or another of these mechanisms of sexual parasitism. This chapter describes the cellular bases, evolutionary histories, and ecological ramifications of all known cases of sperm-dependent unisexuality in vertebrate animals.
Clonality in Utero: Polyembryony
Authors: Avise John C. 
Published: January 2009

AbstractPolyembryony or “twinning” is an intra-generational rather than an inter-generational form of clonality. It happens when a fertilized egg divides mitotically and splits before initiating the development of two or more clonemate embryos within a brood. Polyembryony occurs sporadically in many species, including humans, but it occurs constitutively in only one vertebrate taxon: Dasypus armadillos. Polyembryony would seem at face value to be an ill-advised reproductive tactic that might be likened to the purchase of multiple lottery tickets with the same number. But several invertebrate species, including parasitic wasps, also engage in polyembryony. Surprisingly, peculiar aspects of the life cycle are shared by armadillos and parasitic wasps, and these give clues as to how polyembryony might be of adaptive significance as an opportunistic tactic in particular kinds of ecological settings.
Clonality by Incest: Hermaphroditic Self-Fertilization
Authors: Avise John C. 
Published: January 2009

AbstractHabitual self-fertilization by hermaphroditic individuals is a sexual route by which genetically identical individuals can arise. The phenomenon occurs in various plants and invertebrates but is known in only one vertebrate species: the mangrove killifish. Selfing is an extreme form of inbreeding (even less severe cases of which often result in inbreeding depression), and for this and other reasons constitutive self-fertilization is rare in the biological world. Instead, most selfing species also outcross occasionally, and thus have a mixed mating system. Habitual selfers nevertheless have some special adaptive advantages not shared by their sexual counterparts. This chapter compares population-genetic and ecological features of mangrove killifish with those of analogous plants and invertebrate animals that likewise have mixed-mating systems. Such species probably gain the best of two worlds by capitalizing jointly on the short-term advantages of selfing (fertilization assurance, and the propagation of fit “clonal” genoypes) and also the long-term as well as short-term advantages of outcrossing (genetic health and adaptability).
3 Joseph Smith, American Culture, and the Origins of Mormonism
Authors: Hansen Klaus J. 
Published: January 2009

Abstract
This chapter argues why the Mormon prophet's contributions must be seen as the intersecting of American culture and Smith's own particular religious imagination. Comparing Smith to Samuel Johnson and Abraham Lincoln, the chapter uses the question of Smith's relationship with his father as a suggestive illustration of how personal loss becomes religious restoration, and a private experience taps universal appeal.
Introduction
Authors: Pauwels Heidi R. M. 
Published: January 2009

Abstract
The introduction sets up the basic question of the book: when are goddesses as role models potentially empowering or oppressive for women? It situates this question within contemporary feminist debates. It contrasts the role models of Sita and Radha and counters a monolithic understanding of these goddesses, arguing for a historically nuanced study of how their stories change over time as told in classical Sanskrit sources, the bhakti or devotional tradition, and the popular culture frameworks of television series and movies. Three hypotheses will be tested. First, are bhakti texts in privileging love above duty and celebrating women's subjectivity liberating for women? Second, does the modernity of the medium of television and film result in a more progressive view? Finally, how is the increasing influence of Hindutva in the public sphere reflected on screen? The introduction establishes the methodology of “siting” Sita and Radha, introduces the sources used and outlines the overall organization.
The Threat of the Other Woman
Authors: Pauwels Heidi R. M. 
Published: January 2009

Abstract
Chapter 5 studies how goddesses cope with the threat of “the other woman.” It compares free‐spirited Shurpanakha's attempt to seduce Rama with the Gopis’ jealousy for sophisticated Kubja, Krishna's lover in Mathura. The older versions tended towards the burlesque with some problematic behavior of the heroes, which later versions downplay. Shurpanakha becomes the negative example of the vamp who is punished severely, we hardly hear about Sita's reaction. The Gopis’ jealousy of Kubja is extensively described in the medieval sources, but the televised version turns Kubja into an exemplary devotee and completely erases the erotic aspects of the encounter with Krishna. Contemporary films too tend to turn such co‐wives into long‐suffering devotees, absolving the men from all blame and recommending self‐sacrifice in the interest of their men for wife and lover alike. Movies discussed are Hamara Dil aapke paas hai, Satyam Shivam Sundaram, Devdas, Main Tulsi tere aangan ki, and Souten.
Conclusion
Authors: Pauwels Heidi R. M. 
Published: January 2009

Abstract
The conclusion first discusses the Indian Women's Movement's engagement with the goddess as role model and calls for a nuanced understanding before activist appropriation. Then, it brings together what insights can be drawn from this study for the construction of traditional South Asian “womanhood,” and how that construction has developed over time. It looks first at the devotional construction and then at the modern one. The latter is influenced by the rise of Hindutva in politics and by a consumerist context, not unlike Soap Serials. As Radha has come to resemble Sita, women who subordinate themselves to patriarchy are shown to be rewarded. Is this oppressive or catering to what women want? A test case is presented, studying recent attitudes toward dowry. Finally, suggestions are made for further investigation that might complicate these conclusions, but on the whole it seems that we can speak of a victory of dharma over love‐ at least for now.
Water Law and Policy
Authors: Louka Dr. Elli 
Published: January 2009

Abstract
This book examines water management in Europe, and the difficulties and policy dilemmas involved in creating integrated water management institutions. The book is unique in that it concentrates on institutional development, norms and guiding principles, implementation strategies, and public participation mechanisms at the local level, European Union level, and globally. The book examines the European Union Water Law and Policy as it was adopted at the beginning of 2000 and the attempt to apply integrated water management in Europe. Today, many speak of a water crisis in that the supply of water is unlikely to meet demand and because of pollution that mars many water ecosystems. Water is one of the most mismanaged natural resources. Deficient management policies and fragmented water management institutions can have catastrophic results for the management of water resources. In Europe, water management has been fragmented as states have used water resources within their borders often ignoring the impact of their actions on co-riparian states. The effort to apply integrated water management in Europe is in essence an attempt to put a stop to the fragmentation of water management policies and to integrate: upstream and downstream uses, land use planning, and water management. Water Law and Policy provides insights that can guide water development policies across national borders. It is a must-read for policymakers, water managers, and students who need to understand national and transnational water management.
Public Participation and the Strengthening of the Democratic State
Authors: Louka Elli 
Published: January 2009

Abstract
This chapter examines participative democracy. Participative, associative, or functional democracy describes the participation of specific interests, including civil society groups, in the decision-making process of states. For some, participative democracy is nothing more than another term for lobbying by special interests. For others, participative democracy is an answer to the ills of representative democracy.
Nineteen Countries One River: Trade-offs in the Management of the Danube River
Authors: Louka Elli 
Published: January 2009

Abstract
This chapter begins with a discussion of the importance of the Danube River. The Danube River basin district is frequently referred to as one of the most international river basin districts. Many countries share the river district that covers a large part of the territory of central and southeastern Europe. Most countries in the district are members of the European Union (Austria, Czech Republic, Germany, Hungary, Slovakia, Slovenia, Bulgaria, and Romania), including accession countries (Croatia). Countries that do not belong to the European Union (Moldova, Ukraine, Bosnia and Herzegovina, Serbia, and Montenegro) are involved in many treaties and initiatives that have taken place in the region. The chapter then discusses European policy for the Danube River.
International Water Authorities and the Role of Secretariats
Authors: Louka Elli 
Published: January 2009

Abstract
This chapter focuses on the role of secretariats in international water commissions. It argues that the implementation of the water framework directive will depend on political will. This political will is expressed by the annual gatherings of state parties (COPs) for the purpose of defining the future of international water commissions. The political will is translated further in the day-to-day work of commissions through the various coordinating and working groups that have been established. Political will can be transmitted through the mandates given to secretariats and how secretariats are to use these mandates to further the mission of the convention they have been entrusted to serve.
Optimal Timing of Legal Intervention
Authors: Parisi Francesco , Fon Vincy 
Published: January 2009

AbstractThis chapter examines the main determinants of the optimal timing of legal intervention under uncertainty. Section 1 frames the lawmaking problem as an investment problem. It contemplates the choice of a benevolent planner whose preferences and incentives are perfectly aligned with those of society, and discusses the important factors that affect the optimal timing of lawmaking, given the possibility of waiting until a later time to enact the law. Section 2 presents a basic model to illustrate the value of waiting in lawmaking. A simple dynamic lawmaking problem under uncertainty is used to characterize the optimal timing issue. Section 3 considers two extensions of the basic model. The first allows for some learning and informational benefit from the immediate implementation of the new law. In the second extension, a political agency problem is introduced by allowing the subjective discount rate of the regulator to differ from the social discount rate.
Fostering the Emergence of Customary Law*
Authors: Parisi Francesco , Fon Vincy 
Published: January 2009

AbstractThis chapter compares custom formation in the specific context of a cooperation problem, under the alternative environments of role-reversibility and stochastic ignorance. The quantitative element of a custom is given by a behavioral pattern that emerges through the independent or interdependent actions or statements of individuals, each of whom pursues his self-interest. The optimal choices of individuals under two perspectives are considered, role-reversibility and stochastic ignorance, in the absence of preexisting customs or social structure. The effect of group size on the emergence of custom is discussed and it is shown that variations in group size have different effects upon the two regimes of stochastic ignorance and role-reversibility. Under both regimes cooperative customs are more likely to emerge when individuals interact in smaller groups, but stochastic ignorance and role-reversibility induce different effort levels.
Ratification and Reservations
Authors: Parisi Francesco , Fon Vincy 
Published: January 2009

AbstractThis chapter examines the second important step in the process of treaty formation: treaty ratification. It develops a simple game-theoretic model of treaty ratification to understand the efficacy and the limits of Articles 19-21 of the Vienna Convention in promoting cooperation through international treaty agreements. It analyzes the rules governing treaty ratification and reservations under the 1969 Vienna Convention. It formalizes the intuition put forth in the previous literature, according to which the matching-reservations mechanism introduced by Article 21 provides an effective solution to such a prisoner's dilemma.
Practicing Immigration Law in Filene's Basement
Authors: Abel Richard L. 
Published: January 2009

AbstractImmigration clients are unusually vulnerable: often illegally in the country, unfamiliar with the culture and language, facing deportation. Because they are poor, sweated labor, they cannot afford the thousands of dollars competent immigration lawyers charge. They rely for legal advice and referrals on “travel agents,” who often operate a stable of lawyers. Earning only a few hundred dollars per client, these lawyers are tempted to take on far too many cases, missing hearings and filing deadlines, failing to appear in distant venues. The consequences for the clients are devastating.
The Purloined Papers
Authors: Abel Richard L. 
Published: January 2009

AbstractMost disciplinary proceedings charge lawyers with betraying clients; but the profession itself is equally upset when lawyers display excessive zeal on behalf of clients at the expense of the integrity of the legal system. A lawyer, convinced of his client's cause, collaborated with her in misappropriating papers belonging to opposing counsel in order to demand a settlement. When the judge dismissed the case with prejudice, the lawyer responded by moving her recusal on grounds that her judgment had been distorted by a diagnosis of and treatment for cancer. When her dismissal was upheld on appeal, the lawyer filed three duplicative lawsuits in federal court, ignoring res judicata.