bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Participation of the Public: Towards Effective Rules in Water Management?
Authors: Louka Elli 
Published: January 2009

Abstract
This chapter examines public participation in water management. The water framework directive (WFD) has institutionalized stakeholder consultation and participation of the public in water management through the provision of information to the public; the consultation with stakeholders; and the active involvement of stakeholders/public in the decision-making process. The participation of stakeholders in water management has been touted for the advantages it brings to effective rulemaking. However, participatory processes may, instead of bringing the parties together, drive them apart by making their differences more pronounced or, even worse, lead to a search for the lowest common denominator.
Tepid Institutional Development in Southeast Europe
Authors: Louka Elli 
Published: January 2009

Abstract
This chapter discusses the state of multilateral cooperation in southeast Europe. The level of multilateral cooperation is low and the framework of international cooperation is still led by bilateral agreements. For the countries of the southeast European region to begin implementing the water framework directive (WFD), they must strengthen their relationships through bilateral and trilateral commissions that exert authority in the successful management of common resources wielding the technical expert paradigm that is familiar in the management of shared water resources.
The Economics of Lawmaking
Authors: Parisi Francesco , Fon Vincy 
Published: January 2009

AbstractThis book explores the relative advantages and limits of alternative sources of law. It views the sources of law through a law and economics lens, and considers the important issue of institutional design in lawmaking. It considers the respective advantages and proper scope of application of four fundamental sources of law: legislation, judge-made law, customary law, and international law. The defining features of these four sources of law are examined using the formal methods of public choice theory: lawmaking through legislation; lawmaking through adjudication; lawmaking through practice; and lawmaking through agreement. The book begins by examining the sources of law dependent on collective political decision-making, such as legislation. Multiple issues are considered, such as optimal specificity of law, optimal timing of legal intervention and optimal territorial scope of law, and include a thorough discussion on the sources of law derived from judges' decisions, such as common law. It provides an extensive study on the roles of litigation and judicial path-dependence on judge-made law, biases in the evolution of legal remedies through litigation, and the effect of alternative doctrines of legal precedent, such as stare decisis and jurisprudence constante. It also considers the customary sources of law, with special attention on the mechanisms that determine their emergence and evolution, and explores sources of law derived from international treaties and conventions. The Economics of Lawmaking is the first systematic law and economics treatment of this field and will shed new light on the process of lawmaking.
Optimal Specificity of Laws
Authors: Parisi Francesco , Fon Vincy 
Published: January 2009

AbstractThis chapter offers a framework for identifying the optimal degree of specificity of legal rules in various legal and institutional contexts. Section 1 introduces the problem with brief references to the existing literature. Section 2 formulates a model of optimal specificity of laws to analyze how legal obsolescence, the volume of litigation, legal traditions and codification styles, judges' specialization, and the complexity of reality affect the choice of optimal legal instruments. Section 3 revisits the results of the theoretical section, considering implications of the model in more complex institutional scenarios. These include the absence of benevolent planning, the dangers of instrumental use of legal specificity by legislators, and the way political time preference may affect the degree of legal specificity. Section 4 provides some historical and comparative illustrations and identifies areas where our propositions could be validated by future empirical research.
Trust and Betrayal
Authors: Abel Richard L. 
Published: January 2009

AbstractAll of social life depends on trust, which often is best understood through its betrayal. The literature on white collar crime delineates its distinctive characteristics; case studies of embezzlement in the United States and “fiddling” in England illuminate the ways in which trusted employees and agents betray their principals. This offers a framework for the study of lawyer deviance. Disciplinary proceedings against New York lawyers eventuating in findings of guilt and suspension or disbarment are public records. Aside from misappropriation of client funds (which displays predictable behavior) and the miscellany of felonies, the most common and important categories of lawyer deviance are client neglect, overcharging, and excessive zeal.
The Overachiever
Authors: Abel Richard L. 
Published: January 2009

AbstractMost lawyers who neglect clients do out of incompetence or greed. This lawyer was driven by the need to satisfy his supervising partner's demands. The lawyer covered up neglect, first by paying out of his own pocket the damages he failed to obtain for a client, and then by falsifying documents to make it appear they had been properly and timely filed. These subterfuges drove him to suicidal thoughts and paralyzing depression.
The Popes
Authors: Welborn Amy 
Published: January 2009

Abstract
This chapter describes coverage of Pope John-Paul II’s funeral and appraisals of the incoming Benedict XVI. Direct coverage of the occasions themselves was usually very good, especially because experts were drawn in to comment. However, the assessments of the two men, especially in the print media, were frequently askew because journalists knew little about the history and the authority structure of the Catholic Church, and equally little about current trends within Catholicism. While there was considerable attention to the Pope’s role in undercutting communism, something that journalists felt more at home covering, much of the portrayal remained fixed within a template of “authoritarian Popes vs. American liberal Catholics.” The extensive criticism that John-Paul II received from conservative Catholics was neglected, as was the fact that in recent years the most important disciplinary actions were directed at conservatives.
Conclusion
Authors: Berman Joshua A. 
Published: January 2009

AbstractThe conclusion locates the ideas developed in these pages on the map of notions of equality in the history of western thought. The purpose here is to adumbrate what may be considered lines for future comparative study, and is done with three distinct periods in mind: notions of equality in Greek philosophy; early Christian notions of equality; and modern notions of equality that have been spawned by the great political theorists of the Enlightenment. For each system, two primary questions are probed: What is the basis for claiming that such equality exists? What is the commodity that gets equalized between putatively equal persons? The conclusions may well be able to contribute to our thinking about the relation of rights to duties, the rights of individuals to the rights of groups, common goods and goals, and group relations in political theory, and the very origins of rights themselves.
The sonata and other genres
Authors: Jones Richard D. P. 
Published: January 2009

Abstract
This chapter focuses on Bach's early preoccupation with certain large-scale multi-sectional genres inherited from the 17th century: the suite, sonata, capriccio, and toccata. These genres made considerable demands on the young composer and gave ample scope for his inventiveness in a range of contrasting moods and textures. In all these genres the native German style with which Bach grew up naturally forms the foundation of his writing, but the suite and sonata were also the vehicles for his first major encounter with contemporary French and Italian styles.
On Law and Justice
Authors: MacCormick Neil 
Published: January 2009

Abstract
This chapter argues that law is necessarily geared to some conception of justice, taking account of distributive, retributive, and corrective aspects of justice, to all of which respect for the rule of law is, in the context of the state's capability for coercion, essential. It is ‘necessarily geared’ to it in the sense that anyone engaged in its administration, whether in a legislative, executive, or judicial capacity, can only be justified in implementing, amending, or interpreting provisions of the system given a certain condition. This is that they can give grounds for holding that some reasonable conception of justice is satisfied by the provision in question, or that it pursues some element of a reasonably assessed common good in a way that is reasonably coherent with the relevant conception of justice.
The Economics and Politics of Corporate Governance in the European Union
Authors: Mueller Dennis C. 
Published: January 2009

AbstractOver the last 25 years, the term ‘corporate governance’ has entered the lexicon of economists and other students of business. This development has been accompanied by growing interest in differences in institutional structures — like corporate governance systems — across countries. Among the many questions regarding the effects of corporate governance systems that have been examined, one of the most important has been to measure the effects of corporate governance systems on corporate performance somehow measured, or more broadly the economic performance of countries. This chapter reviews some of this evidence and takes up the questions of which system is ‘best’, and whether this superiority is likely to lead to a convergence of corporate governance structures over time. With a few exceptions, most studies of the effects of corporate governance institutions treat them as exogenous. The chapter also discusses the historical and political determinants of corporate governance institutions.
Internalisation under the MiFID: Regulatory Overreaching or Landmark in Investor Protection?
Authors: Köndgen Johannes , Theissen Erik 
Published: January 2009

AbstractThis chapter sums up the economic fundamentals of internalised stock trading and attempts to make a case for regulation. It then sketches the current practice of internalisation in Germany, with special emphasis on the ‘Xetra Best’ facility, a trading venue which tries to integrate internalised trading with an organized market. Subsequently, the chapter turns to a critique of the relevant parts of the EC Markets in Financial Instruments Directive (MiFID), measuring the latter against the fundamental principles of market efficiency and investor protection. Finally, it discusses whether Xetra Best, after some refurbishment, could serve as a blueprint for other European stock exchanges.
Shareholder Litigation and Corporate Governance
Authors: Reisberg Arad 
Published: January 2009

Abstract
This chapter is concerned with an indefinite but fundamental: what purpose lies at the heart of the company's cause of action which justifies the use of derivative actions? Section 1.2 firstly identifies the limitations of the traditional view of the derivative action. Subsequently it explicates the relation between the derivative action and two concepts, namely ‘control’ and ‘agency costs’. Section 1.3 outlines some major techniques of accountability, which share the goal of reducing agency costs. Section 1.4 focuses on one such major alternative as it examines whether it is true that the market for corporate control may constitute an effective functional substitute for litigation. As will be seen, from a governance perspective (as opposed to a narrowly legal one), the interaction of the derivative action with the market for corporate control raises some interesting issues.
The Difficulties with Conferring Rights on Shareholders to Litigate
Authors: Reisberg Arad 
Published: January 2009

Abstract
This chapter inquires into the particular difficulties minority shareholders face where they seek redress against wrongdoing directors. Section 3.2 discusses these problems and Section 3.3 outlines the common law responses to these problems. Through extensive discussion of case law and emerging so-called principles and rules this section illustrates how procedurally and substantively English law has developed to provide disincentives to prospective shareholder claimants in this context. Subsequently, two policy responses are analysed. First, Section 3.4.1 examines and assesses the competence of three alternative bodies which may assess the merits of a derivative action: a committee of independent directors, an ‘independent organ’ of the company, and the courts. It concludes that courts should discharge the task of deciding this critical question. Section 3.4.2 explains that once a gatekeeper is put in place, the focus should be on establishing an expeditious means for screening and dismissing non-meritorious cases. It evaluates how well (or rather, badly) current legal screens work.
Funding Derivative Actions: Costs and Fees as Incentives to Commence Litigation
Authors: Reisberg Arad 
Published: January 2009

Abstract
This chapter is concerned with costs and fees in derivative actions in the context of incentives for such litigation. It explores the critical role of costs and fees in initiating and maintaining derivative actions. Section 6.2 briefly explicates the economics of derivative action litigation. As part of this, the US rules on derivative action fees are examined. After rehearsing the common law recognition of the problems of the impecunious shareholder in the form of indemnity costs orders, Section 6.3 exposes major flaws in the operation of these orders. In response, possible solutions to rectify the funding problem are examined and assessed in the next chapter. Section 6.4 concludes.
The Inevitably Incomplete Convergence of Competition Laws
Authors: Noonan Chris 
Published: January 2009

AbstractThis chapter examines the nature of major similarities and differences between national competition laws. Section 3.1 provides an overview of competition law in developed countries. Section 3.2 examines the role of competition law in developing countries. Section 3.3 argues that there are fundamental differences between competition laws and that it is not realistic to expect a complete convergence of competition laws in the foreseeable future. Section 3.4 argues that the agreement on a fundamental underlying principle is missing from current proposals to reform the international competition law system.
Application of Jurisdictional-regulating Norms
Authors: Shany Yuval 
Published: January 2009

Abstract
This chapter discusses the application of forum-selection and multiple proceeding regulating norms to interactions between national and international courts. It begins with a review of forum selection agreements and other treaty clauses governing choice of forum (such as exclusive jurisdiction provisions). It concludes that in the absence of such specific norms forum shopping is generally permissible. The next part of the Chapter examines the application of the electa una via (fork in the road), lis alibi pendens, and res judicata rules to the parallel or consecutive invocation of multiple proceedings as reflected in the practice of NAFTA, ICSID, ITLOS, and other national and international courts. The chapter concludes that the conceptual difficulties identified in earlier chapters complicate any attempt to identify clear and consistent practice on the matter.
6 ‘Credo Unam Sanctam Ecclesiam’—The Relationship Between the Catholic and the Protestant Principles in Fundamental Ecclesiology1
Authors: Kasper Walter 
Published: January 2009

Abstract
With the notion of Receptive Ecumenism in mind, but adopting an approach more akin to fundamental theology, this chapter considers the relationship between Catholicism and Protestantism — understood as two principles — and offers a few reflections on Anglicanism within this context. It argues that the principle of comprehensiveness was doubtless helpful and good, but should not be overdone.
16 Potential Catholic Learning Around Lay Participation in Decision‐making
Authors: Lakeland Paul 
Published: January 2009

Abstract
This chapter considers the issue of the participation of Roman Catholic laity in church governance from a theological, ecumenical, and political perspective. On the historical path, it looks at where the question of lay governance had generally arrived with the Second Vatican Council's seminal work on the laity. On the theological path, it examines recent developments in thinking on ordained and baptismal priesthood within Catholicism, partially inspired by ecumenical learning. On the political path, it turns to developments in the Roman Catholic Church in the United States in the last five years.
18 From Vatican II to Mississauga—Lessons in Receptive Ecumenical Learning from the Anglican—Roman Catholic Bilateral Dialogue Process
Authors: Tanner Mary 
Published: January 2009

Abstract
This chapter examines the story of Anglican–Roman Catholic relations since the days following the Second Vatican Council to see what has proved effective and what counterproductive in receptive ecumenical learning. Among the lessons learned is that if there is to be a real reception of one another in faith and life then the personal and relational is prior. There has to be a real getting to know one another at all levels of the life of the two communions, a real appreciation of the gifts the other has to offer, and an inclination to receive as well as to give. Receptive Ecumenism requires the involvement not just of leaders and theologians but of whole communities that desire to get to know one another, are open to learn from each other, and accept that renewal and change is required for the sake of fidelity to the Gospel and for more credible mission and service. Receptive Ecumenism also requires effective leadership. Those charged with a ministry of unity must be committed to the visible unity of the church and prepared, as part of their ministry, to take responsibility, personally and collegially, and increasingly in shared collegiality, for nurturing the communion that already exists and directing the processes of Receptive Ecumenism.
22 The Fortress Church Under Reconstruction? Sociological Factors Inhibiting Receptive Catholic Learning in the Church in England and Wales
Authors: McGrail Peter 
Published: January 2009

Abstract
This chapter seeks to identify the sociological factors that impede receptive ecumenical learning by examining the complex relationship between two sets of processes. The first traces broader changes in British society; the second refers to the Roman Catholic community itself, and outlines the social structures and expectations that have historically emerged within it. It argues that interaction today between these sociological processes has forced the Roman Catholic community into a situation of profound structural crisis.
27 Receptive Ecumenism and the Future of Ecumenical Dialogues—Privileging Differentiated Consensus and Drawing its Institutional Consequences1
Authors: Legrand, OP Hervé 
Published: January 2009

Abstract
This chapter comments on the possible future directions of ecumenism. There are serious problems confronting the Anglican communion, the Orthodox Church, and the Roman Catholic Church. These problems mean that the dream of structural union, born in the wake of the Second Vatican Council, will not be realized in the foreseeable future. Although the path towards reunion will be longer than some had foreseen, the duration of the process is not, in itself, an issue. What is, arguably, first at issue is the model according to which our bilateral dialogues have hitherto been conducted. Equally at issue is the reception of these agreements in the day-to-day life of the churches: the somewhat detached intellectual adhesion generally afforded them does not lead to concrete reforms without which desired unity remains out of reach. The specific responsibility of theologians in this regard is discussed.
31 Learning the Ways of Receptive Ecumenism—Formational and Catechetical Considerations
Authors: Gros, FSC Jeffrey 
Published: January 2009

Abstract
This chapter explores the specifically pedagogical and formational dimension to receptive Catholic Learning. Following a review of the principles proposed for Roman Catholic ecumenical formation in official teaching, it examines some of the various target audiences for this formation. It then reflects on how some specific challenges might best be negotiated.
Personal Agency
Authors: Lowe E. J. 
Published: January 2009

AbstractThis book has two Parts. Part I prepares the ground for this theory of rational free action by seeking to undermine the threat that physicalism presents to it. This it does this by challenging the cogency of the causal closure argument for physicalism in all of its forms. It shows that a dualistic philosophy of mind — one which holds that human mental states and their subjects cannot simply be identified with bodily states and human bodies respectively — is both metaphysically coherent and entirely consistent with known empirical facts concerning mental causation and causation in the physical domain. Part II defends a middle path between classical agent causalism and volitionism. It accords to volitions the status of basic actions, maintains that these are free and spontaneous exercises of the two-way power of the will, performed in the light of reason, and contends that agents are the causal source of all change in the world — with rational, free agents like ourselves having a special place in the causal order as unmoved movers, or initiators of new causal chains. Rather than accepting the notion of event causation as perfectly legitimate in the inanimate domain and representing agent causation as a sui generis phenomenon restricted to rational beings, in which an agent as such is a cause, it holds that all causation is causation by agents, but that agents can only cause things to happen by acting in suitable ways. And it says that what is special about rational agents is that they possess a distinctively rational power — the power of will or choice. It also defends a thoroughgoing externalism regarding reasons for action, holding these to be mind-independent worldly entities rather than the beliefs and desires of agents.
Economic, Social, and Cultural Rights in the Inter-American System
Authors: Gómez Verónica 
Published: January 2009

Abstract
This chapter examines the development of the protection of economic, social, and cultural rights (ESC rights) in the Inter-American System. It reviews the substantive recognition granted to ESC rights by Organization of American States (OAS) member states followed by an account of the tools available for monitoring and assessing compliance with ESC rights. Strategies so far employed towards the judicial and quasi-judicial protection of ESC rights are addressed in the final section of the chapter.
The EU Charter of Fundamental Rights, Not Binding but Influential: the Example of Good Administration
Authors: Dutheil de la Rochère Jacqueline 
Published: January 2009

Abstract
This chapter examines the EU Charter of Fundamental Rights. Topics discussed include the influential effect of the charter and the right to good administration expressed in Article 41 of the Charter. It is argued that even if the Charter does not formally become part of EU constitutional law, as long as the Constitutional Treaty is not ratified it plays an influential and significant role in the building of a European corpus of law protecting fundamental rights. The Charter is referred to in the preambles of texts of secondary legislation and used as a document of reference by the various EC/EU institutions. The Charter, although not binding, influences the case law of European courts.