bluuebunny/crossref_metadata_2025_split huggingface dataset:
Homer's Cosmic Fabrication
Authors: Heiden Bruce 
Published: January 2009

AbstractAlthough scholars routinely state that the Iliad is an “oral poem,” it has circulated as a text stabilized in writing since near the time of its composition. Thus, the Iliad undoubtedly has features that render it satisfactory to readers and reading. But the question of what these features might be has been difficult for Homeric scholarship to address within the research paradigm of “oral poetics.” This book delineates a new approach aimed at evaluating what the Iliad furnishes to readers. Its program conceptualizes the act of reading as a repertoire of cognitive functions a reader might deploy in collaboration with the poem's signs. By positing certain functions hypothetically and applying them to the poem, its experiments uncover the kind and degree of suitable “reading material” the poem provides. These analyses reveal that the trajectory of events in the Iliad manifests the central agency of one character, Zeus, and that the transmitted articulation of the epic into “books” conforms to distinct narrative subtrajectories. The analyses also show that the sequence of “books” functions as a design that cues attention to the major crises in the story, as well as to themes that develop its significance. The transmitted arrangement therefore furnishes an implicit cognitive map that both eases comprehension of the storyline and indicates pathways of interpretation.
2 Event Trajectoriesin the “Books” of theIliad
Authors: Heiden Bruce 
Published: January 2009

AbstractThis chapter turns to the question of a reader's orientation within horizons shorter than the epic as a whole. Examining the transmitted articulation of the epic into “books” and analyzing their event trajectories, the study finds that each book narrates a trajectory consisting of a Problem/Decision stage, an Action stage, and a low-consequence Aftermath stage, varied by internal elaborations and repetitions but always following the three stages in the same order. Since these important narrative subtrajectories are congruent with the transmitted articulation, the articulation furnishes readers with valuable cognitive orientation. The phrasing of transitions that coincide with some transmitted articulations also suggests that the articulations were known to the composer and coeval with the rest of the composition. Scholarly claims that the articulation was a late intrusion are critiqued through examination of the alleged ancient testimony and indirect evidence.
5 Replacements and Representatives
Authors: Heiden Bruce 
Published: January 2009

AbstractThis chapter begins with a theoretical synopsis of the previous chapters that emphasizes the underdetermination of themes and its relationship to the choices of the agents in the story. It continues investigation of analogous themes in segments of analogous position in the three-cycle design, focusing especially upon the quarrel between Achilles and Agamemnon in book 1 and the embassy in book 9. Analysis shows that while Agamemnon offers Achilles quantities of tangible goods, Achilles conceives of the wrong done him as a violation of trust rather than material loss. For Achilles, the value of a thing is the symbolism it acquires through choice. This disagreement elaborates alternative conceptions of honor, as either gift symbolic of friendly regard (Achilles) or payment demanded by a superior (Agamemnon).
6 Zeus's Changing Plans
Authors: Heiden Bruce 
Published: January 2009

AbstractThis chapter turns the investigation of thematic trajectories to books 8 and 15, the last segments of the first and second cycles respectively. These are the books that narrate Zeus's critical choices in steering events, and whose position cues attention to Zeus's consequential agency. In these books the Olympians face off in conflict, as the heroes do in other books. But analysis of the thematic trajectories shows that the Olympians prove wiser than the heroes at transforming their differences into symbolic terms that facilitate compromise.
The Development Agenda at WIPO
Authors: Moraes Henrique Choer , Brandelli Otávio 
Published: January 2009

Abstract
The Development Agenda is premised on the concerns disseminated worldwide about the adverse effects that might stem from upwardly harmonized, “one size fits all” intellectual property rules. The “Agenda” is a serious attempt to bring these concerns into the purview of the World Intellectual Property Organization (WIPO) in a cross-cutting and permanent manner, a process that has already taken place in other international organizations. The chapter examines the theoretical and factual underpinnings that led to the proposal for the “WIPO Development Agenda” put forward in 2004 and its subsequent adoption in 2007.
TRIPS 3.0
Authors: Gervais Daniel J. 
Published: January 2009

Abstract
The TRIPS Agreement is entering its third phase. Phase I began with a well-documented push by the United States government to link intellectual property and trade rules in the World Trade Organization as part of the Uruguay Round of Multilateral Trade Negotiations, which ended in April 1994. It was informed from the demanders' perspective by addition narratives. Phase II began just before the new millennium and was characterized initially by highly critical analyses of the TRIPS negotiation process, which was said to have been based on coercion of and/or ignorance by and/or a very bad “bargain” for the developing world. This Phase was informed by subtraction narratives: the lesser the impact of TRIPS, the better the situation of developing countries would be. Phase III is informed by calibration narratives. These include recognition that developing countries are very different and will need different TRIPS implementations, and evidence-based policy making.
History Lessons for the WIPO Development Agenda
Authors: Okediji Ruth L. 
Published: January 2009

Abstract
This chapter explores the technology-related focus of the IP-development linkage and outlines WIPO's role in the initial development paradigm, which prevailed from 1964 to 2004 when a proposal for a WIPO Development Agenda was first submitted. It then examines the WIPO Development Agenda in light of this history and identifies possible paradigm shifts discernible both in the structure of the Agenda and in preliminary considerations regarding its implementation. Finally, the chapter suggests a number of ways to interpret the WIPO Development Agenda and reflects briefly on how these different “faces” of the Agenda might inform WIPO's institutional role in responding to a spectrum of development interests in an era of rapid technological transformation.
The WIPO Development Agenda
Authors: Maskus Keith E. 
Published: January 2009

Abstract
After reviewing the scope and intentions of the proposed WIPO development agenda, this chapter poses two general questions that might give observers pause about its ultimate implications, if adopted. The first is whether it is sensible for many developing countries, from the standpoint of ensuring access to international technology transfer, to resort to extensive use of such so-called “TRIPS flexibilities” as limitations on patent eligibility, compulsory licensing, working requirements, and unimpeded parallel imports. These policies may be effective components of domestic industrial policy in some development contexts. However, the nature of contemporary technology transfer and integrated production networks means that such limitations on intellectual property protection can reduce the attractiveness of local economies to the activity of international firms. Second, if the development agenda were to insist on significant derogations of IPR rules from TRIPS standards, the developed countries would expect some compensation in other forms of protection, such as harmonization of patent examination procedures and significant investments in IPR enforcement.
What Direction is the Wind Blowing?
Authors: Xue Hong 
Published: January 2009

Abstract
This chapter contains an anatomical study of the Chinese new copyright regulations on the protection of the digital right management system. It reveals how the developed countries' TRIPS-plus agenda is imposed on the developing countries like China, and how developing countries surrender to the norms and standards set up by the developed countries. It argues that developing countries should break the path-dependence and develop the capacity to create new legal norms that genuinely reflect their development stages and are tailored to their domestic needs and public interests.
Is Product Patent Protection Necessary to Spur Innovation in Developing Countries?
Authors: Chaudhuri Sudip 
Published: January 2009

AbstractR&D expenditure has dramatically increased for a segment of the Indian pharmaceutical industry since the mid-1990s when TRIPS came into effect. There has also been a change in the structure of R&D activities of Indian companies. While in the past they were primarily engaged with development of new processes for manufacturing drugs, now they are also involved in R&D for new chemical entities (NCEs) and modifications of existing chemical entities to develop new formulations and compositions. Patenting by Indian pharmaceutical companies has also gone up significantly. The primary incentive to do R&D has not been the product patent regime in India after TRIPS, but the product patent regime in developed countries to which TRIPS has made no difference. While R&D activities have diversified, they are yet to prove their competence in innovating new products. What Indian companies have really demonstrated is the ability to develop generics for the regulated (and other) markets—an ability which they acquired and improved during the pre-TRIPS period.
IPRs and Technological Development in Pharmaceuticals
Authors: Laforgia Francesco , Montobbio Fabio , Orsenigo Luigi 
Published: January 2009

AbstractThis chapter introduces some of the most salient aspects of the debate regarding the relationships between stronger intellectual property rights (IPRs) regimes, innovation, and development. Despite increased knowledge on the subject, little is known on the relationships between IPRs, innovation, and growth, especially as developing countries are concerned. It focuses on the pharmaceutical patenting activities in Brazil using domestic patent data. Firstly, it shows that the adoption of TRIPs had substantial positive impact on the number of patent applications in Brazil, but that the great majority of these new patent applications have come from nonresidents, most likely as extensions of foreign patents. It is too early to assess if this substantial increase in (foreign) patents is due to pipeline patents or if it will become a permanent characteristic of patenting activity in Brazil. Secondly, it shows the growth of the share of the chemical and pharmaceutical patents compared to other fields.
Intellectual Property and Development as Freedom
Authors: Sunder Madhavi 
Published: January 2009

Abstract
Since 1990, the United Nations has understood development in the broad terms of expanding human capabilities, thanks in part to Amartya Sen. Sen's vision of “development as freedom” is pluralist, measuring development on the capacity for many freedoms. These freedoms range from basic needs, such as the right to life and health, to more expansive freedoms of movement, creative work, and participation in social, economic, and cultural institutions. Intellectual property (IP) law is essential to all of these freedoms and regulates our capacity to participate in cultural and scientific creation. A broader understanding of IP and development as freedom recognizes the importance of participating in the process of knowledge creation. The poor must be recognized as both receivers and producers of knowledge. In the Knowledge Age, wealth lies not simply in access to other people's knowledge, but also in the ability to produce new knowledge and to benefit from this creation, culturally and economically.
Common Law Marriage
Authors: Lind Göran 
Published: January 2009

Abstract
This book is a comprehensive analysis of common law marriage. Part I provides a cultural and historical history of the subject, from Ancient Roman Law to Medieval Canon Law, and analyzes the reception of the doctrine in the United States. The current law concerning common law marriage is extremely complex and uncertain. By analyzing more than 2,000 American cases, Part II of the book is intended to be a legal guide for courts, public authorities and law firms dealing with common law marriage cases. It discusses the legal requirements for the establishment of a common law marriage as to capacity, contract, implied agreement, cohabitation and holding out, burdens of proof, and presumptions. Choice of law rules in all American jurisdictions are analyzed. One of the greatest challenges that family law today faces in the Western World is the decreasing rate of marriage and the increasing number of unmarried cohabiting couples. Part III conducts from historical, comparative, and sociological perspectives a legal policy discussion concerning the future of common law marriage and the modern cohabitation law. It contains a comparison of both the judicial and legislative developments in the United States, Northern and Western Europe, Canada, Australia, and New Zealand. With no predetermined agenda or bias, arguments are presented and discussed to give legislators and policymakers a basis for their considerations. Different legal constructions are discussed and a new model of marriage is presented.
Legal Capacity and Common Law Marriage
Authors: Lind Göran 
Published: January 2009

Abstract
This chapter discusses legal capacity requirements in common law marriage. It focuses on two requirements: first, the parties must have reached a certain age to establish a common law marriage; and, second, the parties may not already be married to another person, whether through a previous ceremonial or formless common law marriage. These requirements are of particular interest as the regulations applied to common law marriages differ somewhat from those applicable to ceremonial marriages, particularly because it often is unclear whether and when a common law marriage has been established.
Conflict of Laws and Choice of Law
Authors: Lind Göran 
Published: January 2009

Abstract
This chapter examines how the conflict of laws principles are applied to the issue of whether a common law marriage has been established between parties with connections to states other than the common law state, through domicile, residence, or in another manner. Courts and governmental authorities in all of the states within the United States and many foreign countries may have to determine whether such a marriage has been established between a man and a woman who previously had been domiciled in a common law marriage state. In addition, a formless marriage can be established during a short visit by a cohabiting couple to a common law marriage state, even if they do not reside in one. This chapter further examines how the substantive law of common law marriage states is applied.
The Constitutive Requisites in the Future
Authors: Lind Göran 
Published: January 2009

Abstract
This chapter focuses on a critical discussion concerning the different constructions of the constitutive elements and presumptions applicable in the establishment of a common law marriage and a legally recognized cohabitation. This discussion is appropriate for two reasons. First, common law marriage, as a rule, has been accepted in the case law and, as a result, such discussion has seldom occurred. Second, solutions have been presented during the past thirty years in the cohabitation laws in the Western world. The chapter is directed primarily at lawmakers considering whether to recognize common law marriage or cohabitation.
Arguments for and Against Common Law Marriage and Cohabitation Law
Authors: Lind Göran 
Published: January 2009

Abstract
This chapter, addressed primarily to legislative bodies considering repealing or enacting common law marriage or other cohabitation legislation, discusses the reasons that support these legal solutions and considers which may be relevant in the future. It attempts to objectively present and critically examine the arguments both for and against common law marriage and other cohabitation legislation, primarily for the purpose of giving legislators and policymakers a basis for future assessments.
Search and Seizure in England Before 1485
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter shows that a concept of unreasonable search and seizure did not emerge until after 1485 because, until then, the practice of search and seizure did not stimulate the concept. Although the searches that pre-Tudor law approved were usually general, it authorized few of them, and even those few did not subject most Englishmen to violent searches of their homes on a regular basis. The structure of English law before 1485 is discussed.
English Thought on Search and Seizure, 1642–1700
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter discusses the development of the English concept of search and seizure from 1642 to 1700. During this period, the English moved beyond the concept of illegitimate search and seizure to identifying the kinds of searches and seizures that were illegitimate. Although English thinkers continued to differ on many aspects of search and seizure, Sir Edward Coke placed the general warrant at the center of the emerging debate on what is now called “unreasonable searches and seizures”. By 1700, many Englishmen assumed not only that some kinds of search and seizure were unreasonable but that general warrants were the foremost kinds that were so.
Colonial Thought Respecting Search, Seizure, and the Illegitimacy of General Warrants, to 17601
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter discusses American thoughts on search and seizure. Although the legitimacy of general warrants had begun to erode in England by 1642, Americans waited more than a century, until the twilight of the colonial period, to proclaim the illegitimacy of those warrants. The colonists did not incorporate all English concepts on search and seizure instantaneously or automatically. To the contrary, the opinions the colonists professed indicated that they had imported the concept of unreasonable search and seizure but not the concept that general warrants were unreasonable.
Colonial Legislation Regarding Search and Seizure, to 17601
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter discusses American legislation on search and seizure. American legislation before 1760 illuminated the Fourth Amendment's repudiation of the general warrant in several ways. Colonial statutes revealed that, in rejecting general warrants, the amendment struck at an abuse that was as American as British. Moreover, those laws also indicated why the trend to abolish those warrants did not catch on in the colonies for more than a century after the English had started it.
English and British Advocacy of the Specific Warrant in Intellectual and Political Context, 1700–1760
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter explores the English advocacy of the specific warrant. The piecemeal way in which the specific warrant displaced general ones indicated that the British were only beginning to grasp its implications as a constitutional idea rather than an expedient. Englishmen, not Americans, had initiated the chain of thought and events that led to the amendment's specific warrant clause.
Search and Seizure in Great Britain, 1700–1760: The Legal Background to the Specific Warrant Clause
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter shows that although the specific warrant was among the fixtures of British law by 1760, its standing within that law also defined the limitations of Britain's contribution to the specific warrant clause of the Fourth Amendment. Specific warrants were, essentially, an attractive idea with which British law flirted but which it did not yet endorse. Yet the very idea was a blueprint for later constitutional development. When Americans translated the specific warrant into statutory and constitutional realities, they did so along intellectual paths that Britons had illuminated for them.
The Colonial Roots of the Specific Warrant Clause: Search and Seizure in Massachusetts, to 1760
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter discusses the evolution of the specific warrant in the colonies. It shows that Colonial Massachusetts, not Great Britain, formulated most of the ideas that formed the specific warrant clause of the Fourth Amendment. The intellectual development of the specific warrant started in England, but by 1760, it had not yet reached the logical terminus of one house or person per warrant under all circumstances. On the whole, moreover, law rejected the specific warrant not only in Britain but in the American colonies. The outstanding exception was Massachusetts, which alone fathomed the full implications of specificity in warrants and translated them into legislation and practice.
Paxton’s Case and the Writs of Assistance Controversy in Massachusetts, 1755–1762
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter discusses Paxton's Case and its implications for the specific warrant. The case was a milestone not only in civil libertarian thought, but in the political history of Massachusetts. On one level, Massachusetts lawyer James Otis had taken the British ideology of search and seizure beyond condemnation of general warrants to an appreciation of specific ones as their replacements. On another level, he had selectively fashioned law, history, and legal fiction into one of the weapons that an insurgent alliance of merchants and politicos aimed at the existing political order.
Developments in Search and Seizure Beyond the Transition to Specific Warrants, to 1760
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter shows that by 1760, Britain and her colonies had formulated ideas and procedures that inspired not only specific warrants, but other features of the Fourth Amendment. However, Britons and colonists had not restrained search and seizure in the same ways that the amendment would. Many restrictions on search and seizure before 1760 were designed to protect not the rights of persons, but the privileges of corporations and social classes.
The Wilkes Cases: Search and Seizure in Great Britain, 1761–1776
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter shows that between 1761 and 1776, the specific warrant moved to the center stage of events respecting search and seizure. Britons now realized not only that general warrants had to go, but that specific warrants should take their place. Politics underpinned this evolution of arrest and search warrants in Britain after 1763.
The Writs of Assistance Controversy, 1761–1776: The Awakening of Hostility to General Search and Seizure Throughout the Colonies
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter shows that the changeover from general to specific warrants started in Britain in the 1680s, went far in Massachusetts in the 1750s, and commenced in the other colonies in the 1760s and 1770s. Judicial resistance to the writ of assistance was the first sign that most colonies were following the leads of Massachusetts and Great Britain in substituting specific warrants for general ones as the standard method of search and seizure. The decline of the writ reflected practical considerations as much as ideology and registered a rejection of general search and seizure that varied in scope and strength among the colonies.