bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Maturation of European Data Law: From Fundamental Rights to Economic Rights
Authors: Finck Michèle 
Published: February 2024

Abstract
This chapter documents the transformation of European Union data law from a legislative ensemble centred primarily around the fundamental right to data protection towards a much broader and more complex area of EU law of which data protection is but one element. Whereas data protection law implements data subjects’ right to data protection in submitting the processing of personal data to a qualified prohibition, the new legislative proposals and acts encourage the processing of (personal) data. This transforms the latter into an object of economic rights, a tradable commodity that can be sold or donated. This paradigm shift will undoubtedly result in tensions that will be keeping practitioners, academics, and judges busy for decades to come. Rather than providing a detailed overview of these tensions, this contribution documents the evolution of EU data law through the lens of the internal market and ponders the practical future implications thereof.
The Internal Market as a Dynamic Process: Five Scenarios for the Future
Authors: Zglinski Jan 
Published: February 2024

Abstract
This contribution examines the dynamic nature of the EU internal market. It analyses the legal principles and governance structures underlying the internal market and traces how these have evolved since the beginning of the European integration project. It is argued that market design choices must be responsive to the political, economic, and institutional context in which they are situated. This context can change over time, rendering old solutions inadequate and structural changes necessary. A look into the future development of the internal market is ventured. Five scenarios are laid out, ranging from more negative integration, to greater positive integration, to the reaching of a stable equilibrium.
Chamber Music, Atonal: How the Structure of the CJEU Affects the Jurisprudence on Free Movement of Goods
Authors: Enchelmaier Stefan 
Published: February 2024

Abstract
‘Chamber Music, Atonal’ argues that the structure and organization of the Court of Justice of the European Union (the CJEU or the Court) affects the quality and consistency of the Court’s case law on the free movement of goods. To illustrate this, the contribution analyses three recent judgments on Article 34. These are, Ålands Vindkraft, TÜV Rheinland, and Austria v Germany (Infrastructure use charge). In these judgments, there is little discursive reasoning, few definitions of key terms, and references to only remotely related earlier judgments that remain without much explanation. The contribution then considers how cases are allocated to the subdivisions—chambers—of the CJEU, how judges are attributed to them, and finally, which chambers, judges, and Advocates General participated in the jurisprudence on free movement of goods. From a comparative glance at the supreme courts of the United States, United Kingdom, France, and Germany, suggestions are derived for a reform of the operation of the CJEU. The aim is to create specialist chambers of a steady composition that could develop subject-matter expertise, and thus ensure the coherence and quality of the case law.
The Evolving Regulation of Consumer Safety in the Internal Market
Authors: Howells Geraint 
Published: February 2024

Abstract
This note comments on the history of legislative reform relating to consumer product safety at the EU level. It highlights the role of standardization within a co-regulatory approach and the practical dimension of enforcement. Reform proposals at the EU level as well as potential future UK developments are considered in the light of responses to new technology. The degree of future alignment between the UK and EU systems is considered. The overall assessment is that product safety has been a success story within the EU and can still be seen as a win-win-win story for business, consumers and states.
Public Interest Litigation, Legal Professionalism, and the ECJ: Deciding a Case or Managing Politics?
Authors: Micklitz Hans-Wolfgang , Roethe Thomas 
Published: February 2024

Abstract
Non-governmental organizations, both self-financed and state-funded are invoking the European Court of Justice (CJEU) to promote equal treatment, environmental protection, and consumer protection. As a result, the CJEU is faced with new challenges. Instead of having to solve a classical case, it needs to decide on policy issues with large implications not only for what might be called the European society, but also, and in particular, for European Union law, if not law more generally. The chapter is built around three landmark decisions of the CJEU, each standing for a particular policy field, and tries to understand whether the proposed solutions remain within the province of law and within legal professionalism. To achieve that, the chapter relies on interviews conducted with the legal actors involved, and on a socio-legal understanding of legal professionalism. Its aim is to highlight the boundaries of lawmaking through Public Interest Litigation.
The Paradigm Shift from EU Law to International Law of the Trade and Cooperation Agreement: A Swansong
Authors: Ziegler Katja S 
Published: February 2024

Abstract
The chapter reflects on the new relationship between the UK and EU under the Trade and Cooperation Agreement (TCA) and outlines the paradigm shift from EU law to a free trade agreement (FTA) as a less intensive form of cooperation based on international law. The shift manifests itself in all areas of the TCA, including in its substantive rules and dispute settlement mechanisms. The chapter outlines and contextualizes the paradigm shift of the TCA from supranational EU law to international law in three dimensions and contexts. First, it demonstrates the paradigm shift in economic cooperation, using the rules on trade in goods as an example. Secondly, it discusses the exclusion of individual rights and, therefore, enforcement mechanisms accessible to individuals, under the TCA. Thirdly, it analyses the limited role of values, reflected in the basis for cooperation under the TCA in comparison to the role of values in EU law. The chapter argues that the most fundamental change lies in the role and status of the individuals under the TCA as an international treaty. The TCA reverses the status individuals enjoyed under EU law as subjects of international law which has been part of a wider trend, reflected in other areas of international law, eg human rights law, the ECHR. The paradigm shift of the TCA may have wider implications for international law as it may contribute to reversing that trend in international law to grant individuals status.
Sound and Otherliness
Authors: Allen-Paisant Jason 
Published: February 2024

AbstractThis chapter asks what is at stake in knowing through rhythm, sound and vibrations. It proposes that to think through rhythm is to listen to what earth and objects tell us, to cultivate a practice of radical listening, to restore slowness, to leverage the heretical, shock quality of slowness in a culture of increasing violence. Ultimately, like Charles Olson, the author is interested in all the doubt that muthos (utterance; spoken word) casts on the division between emotion and reason. In considering the ways in which poetry allows us to know through sound, vibrations, and embodied connections, the chapter explores the question of whether poetry is its own form of rationalism. The chapter asks how sound in/as poetry produces ecologies that place human and more-than-human worlds into collaboration. It asserts that for Césaire and other poets who contend with the ontological nullity of Black life, sound produces ‘oceanic’ states that allow for living beyond History. The chapter maintains a solid conversation with poets/thinkers whose work resonates with that of Aimé Césaire (from Wilson Harris to Gertrude Stein, via James Emanuel), but also with different generations of those who write after Césaire, including M NourbeSe Philip and the author.
Lobbying in tax policymaking
Authors: Fjeldstad Odd-Helge , Rakner Lise 
Published: February 2024

Abstract
This chapter explores the role of interest groups in revenue bargaining in Tanzania. It examines the bargaining over the 2014 VAT Act and shows that the relative bargaining power of the various involved parties affected the outcome of the reform. Business associations and other lobby groups worked purposefully and managed to shape the VAT Act in accordance with their own interests. Our analysis contributes to the literature on revenue bargaining by documenting bargaining over tax policies and its effects on the reform outcome. The bargaining around the VAT Act confirms a central claim in the fiscal contract theory that revenue bargaining may lead to responsive and accountable institutions. However, it could also be argued that the VAT bargains instead demonstrate that uncoordinated public policy and lack of regulation on lobbyism challenged the initial technocratic approach to the reform and resulted in outcomes that are suboptimal from a revenue perspective.
Disobedience in a Climate of Necessity
Authors: Mittiga Ross 
Published: February 2024

Abstract
In recent years, climate activism has exploded in scale and frequency, successfully raising public awareness, disrupting emitting actors, and pushing hundreds of governments to declare a “climate emergency.” And yet, these actions have received little attention from political philosophers. This is problematic not least of all because some high-profile cases of climate activism appear to pose significant challenges to prevailing theories of civil disobedience. This becomes clear when considering the peculiar use many climate disobedients have made of the “necessity defense”—a formal juridical plea meant to excuse illegal actions undertaken to prevent higher-magnitude harms in exigent circumstances. Invocations of necessity must overcome a powerful objection, however: namely, that it is implausible to think that individual acts of disobedience can meaningfully contribute to the prevention of climate harms. Drawing on an analogous debate over voting in mass elections, this chapter responds by showing how disobedient acts can constitute causally significant, and even necessary, elements in averting climate catastrophe.
Case Studies
Authors: Shaffer Paul 
Published: February 2024

Abstract
Chapter 8 relies on matched case studies to provide insights on some of the likely causes of country spells of immiserizing growth. The matching was based on the methodological approach presented in Chapter 7 and led to the selection of two matched pairs, namely, Côte d’Ivoire (2008–15) and Ghana (2006–13); and Zimbabwe (2011–17) and Eswatini (2009–16). These cases were analysed through the lens of the analytical framework developed in Chapter 4, which linked the conceptual framework of Chapter 2 with the main processes and mechanisms of immiserizing growth identified in Chapter 4. The case studies point strongly to harmful processes and mechanisms which were much more severe in the cases of immiserizing growth, Côte d’Ivoire, and Zimbabwe, than in their comparators. Examples include violence, conflict, and dispossession of land, drought and floods, the sectoral pattern of growth, and public inaction in the form of extremely low spending on social assistance.
Finance, Law, and the Courts
Authors: Lamandini Marco , Ramos MuÃ±oz David 
Published: February 2024

AbstractThis book shows why courts are essential in the law of finance. The legal principles developed in courts’ case law provide finance with a firm legal basis and sufficient elasticity to evolve. This book, through an extensive and comparative analysis of case law in Europe and the United States, analyses how courts have shaped the main concepts and institutions in the law of finance. In public law, the book analyses the justiciability of disputes against public actors, or the role of discretion and mandates of monetary, regulatory, supervisory or crisis management authorities, as well as the rights of financial institutions, and the interpretation of regulatory concepts. In private law, the book analyses judicial creation of securities liability for misstatements, the role of financial contracts, and their enforceability, interpretation, and relationship with mandatory regulations, or the intricacies of property and insolvency issues in a financial context. The book also analyses critically the current state of the resolution of financial disputes in the EU, and suggests some avenues of reform.
An Anatomy of Issues in Public Law Disputes
Authors: Lamandini Marco , Muñoz David Ramos 
Published: February 2024

AbstractThis introductory chapter provides an initial overview or ‘anatomy’ of disputes in public law, which serves as an introduction for the analysis of case law in Chapters 4 to 7. It delineates the main problems that courts are called upon to address in public law disputes. Firstly, courts address issues of the separation of powers. This includes ‘horizontal’ issues, where courts must reflect over their own role in a political and constitutional system, where some rules may be adopted by democratically elected bodies, and also ‘vertical’ issues, where courts must adjudicate in cases where both federal or supranational, as well as state or national authorities have normative powers. Secondly, courts determine their own place in light of the special role attributed to ‘agencies’, or, more generally, to public authorities with vast powers to regulate, supervise, or intervene in the markets. Thirdly, courts must assess the role that both natural and legal persons must play in the system, including when determining the standing of those parties to sue, and the scope and content of the fundamental rights that protect them.
A Matter of principles: Justiciability and accountability in the public law of finance
Authors: Lamandini Marco , Muñoz David Ramos 
Published: February 2024

AbstractThis chapter analyses how courts’ case law in the European Union (EU) and the United States has dealt with the main challenges to the justiciability of decisions by public authorities. First, it analyses the justiciability of conflicts over financial stability and monetary policy, including the role of sovereign immunity, by both sovereign issuers and central banks, and the justiciability of sui generis institutional settings, such as the European Stability Mechanism (ESM), or central bank decisions. Secondly, it analyses the justiciability of regulatory, supervisory, and crisis management decisions, which include problems of exclusion of liability, problems of discretion, and the legitimacy of delegation, problems of ‘soft law’, or the challengeability of acts in complex, or composite proceedings, where different steps are allocated to different authorities, as well as the problems of ‘standing to sue’, including by a failed bank’s shareholders. Finally, the chapter analyses ‘accountability beyond justiciability’, notably the relevance of the right of access to documents in the US and the EU.
Courts’ Review of Crisis Management Decisions
Authors: Lamandini Marco , Muñoz David Ramos 
Published: February 2024

AbstractThis chapter analyses courts’ review of crisis management decisions in bank resolution, insolvency, receivership, or the withdrawal of bank licences. It complements Chapter 6. First, it shows how courts have resolved the challenges to the legitimacy of crisis frameworks, including their vast powers and funding schemes, such as deposit insurance and resolution funds. Secondly, it analyses courts’ substantive review under the ‘Takings’ clause of the US Constitution, and the fundamental right to property, in bank crises and sovereign debt crises, as well as their review of crisis ‘triggers’, such as failing-or-likely-to-fail (FOLTF) and the substantive protection of depositors, shareholders, and creditors in resolution and state aid cases. Thirdly, the chapter analyses courts’ case law on the procedural safeguards applicable in bank crisis management, including the ‘arbitrary and capricious’ standard in the US, and ‘good administration and ‘judicial protection’ standards in the EU, also with a brief mention of investment arbitration. Finally, the chapter analyses the cases of cross-border recognition, including within the EU ‘regional’ context, where recognition is stronger, and the broader international context, where it is weaker.
Dispute Resolution in Finance and Its Shortcomings: Europe as a Test Case
Authors: Lamandini Marco , Muñoz David Ramos 
Published: February 2024

AbstractThis chapter introduces the case for specialized justice in the law of finance by explaining the current shortcomings of financial justice in Europe. First, it analyses the problem of fragmentation of financial disputes, and, secondly, the problem, in a field with specific dispute resolution bodies, to determine when such bodies are ‘courts’, and what are the standards of independence and impartiality. Thirdly, the chapter analyses the relevance of expertise and specialization in the particular field of financial disputes, first describing how different jurisdictions have tried to reconcile specialization and legal consistency (external perspective), and what are the respective roles of specialist (financial) and generalist courts in the system of justice. The chapter then analyses the relevance of organizational aspects, and the current (less than satisfactory) state of financial justice in the EU, including the uncertainty over the applicable standard of review, and the limited channels for dialogue between specialized boards of appeal and courts, as well as between national and EU courts.
“Race-ship”
Authors: Bryant Joan L. 
Published: February 2024

Abstract
Post-Reconstruction political developments and changes in scientific discourse fueled attempts to link race to human progress and American identity. The chapter explores how efforts to promote race price became integral to notions of progress for reformers as diverse as Martin Delany, W. E. B. Du Bois, Alexander Crummell, and other race men who worked to make a virtue and a necessity of racial identity. It explains how ongoing denunciations of race practices and a call for a new “race-ship” rooted in a common American citizenship complicated campaigns to promote a collective race consciousness. Efforts to map the future coalesced around the theme of disappearance. In renewed debates over whether colored people should leave the country, emigrationists and their critics reflected on the meaning of ancestry and destiny in mapping progress. The lingering specter of polygeny and questions about how the colored population would evolve in America inspired competing theories about the development of racial taxonomies. The spread of Jim Crow restrictions drew disparate reformers together to rethink the bases of their push for advancement and the terms of their collective identity as they pondered how and whether they could be a race in America.
Technology
Authors: Hannan Jason 
Published: February 2024

Abstract
This chapter explores the problem of post-truth politics. There are at least two ways of framing this problem. One is to focus on “the media,” or journalism. A second is to focus on “media,” or technologies of communication. Between the two, which can be said to be the driver of our post-truth world? This chapter follows the second framework, locating the problem of post-truth politics in social media. It further suggests that trolling has gone mainstream, shaping politics and even legislation. Adding a twist to Neil Postman’s classic thesis, this chapter argues that we are not so much amusing as trolling ourselves to death.
Unprecedented Challenges
Authors: Bullock Karen 
Published: February 2024

Abstract
A cancer diagnosis exacerbates the effects of the unprecedented challenges—a pandemic, natural disasters, and other traumatic events—that are ravaging communities locally, regionally, nationally, and globally, in the face of disasters, a pandemic, and other traumatic events, are exacerbated by a cancer diagnosis. These challenges became abundantly clear during the COVID-19 pandemic. Decreased screening and a lack of access to cancer treatments heightened already extant disparities in cancer care. During the pandemic and racial/ethnic inequities abounded. Culturally competent strategies and best practices for eliminating gaps in such disparities are addressed in this chapter. Moreover, oncology social work demands particular attention to patterns of inequality rooted in historical racism, which are discussed here. It behooves social work practitioners to align clinical practice approaches with theoretical models, awareness, skills, and knowledge to cultivate cultural competence as a tool for addressing systemic and structural racism in oncology.
Beyond Survival
Authors: Hornyak Randi Lyn , Colón Yvette , Galantino Mary Lou 
Published: February 2024

Abstract
This chapter recognizes that treatment for cancer has significantly improved survival across all cancer types, but these interventions may also compromise physical function and quality of life. Patients can experience psychosocial distress through all phases of treatment and survivorship. Physical, psychological, and spiritual approaches to optimize lifestyle behaviors from nonpharmacologic perspectives become increasingly important to address symptoms and enhance quality of life after cancer care. Psychologically informed pain management, physical therapy, individual and community-based exercise and nutrition, and knowledge transfer are important in developing strong integrative oncology strategies. Acknowledging disparities and health inequities in patients’ lives is vitally important. Social determinants of health and negative social constructs must be identified and addressed to support quality cancer rehabilitation. With effective communication, the interprofessional team can strengthen patient-centered care and provide the most optimal health and wellness outcomes for cancer survivors.
Psychosocial Aspects of Cancer
Authors: Caba Angelique , Chi Maria , Fleishman Stewart 
Published: February 2024

Abstract
This chapter highlights how individuals with cancer experience an array of psychosocial, supportive, and psychopharmacology needs. Knowledge of the psychosocial impact of cancer is imperative to supporting patients through treatment. Psychosocial distress, or the painful psychological, social, and/or spiritual feelings that may impede cancer coping, is highly prevalent. The psychosocial concerns that arise from a cancer diagnosis occur in a sociocultural context. The use of screening, assessment, and therapeutic interventions can identify and assist patients in need of greater care and support. A brief review of evidence-based therapies for managing anxiety and distress is provided as well as the importance of social support. An interdisciplinary team approach is essential for providing optimal care to cancer patients and their loved ones.
A Novel Collaborative Care Model for People With Cancer and Serious Mental Illness
Authors: Corveleyn Amy , Rodriguez Vilmarie , Irwin Kelly 
Published: February 2024

Abstract
This chapter examines an innovative care model for people with serious mental illness (SMI) and cancer that seeks to bridge the mortality gap that this population faces. This chapter outlines the need for collaborative care for this population and includes a detailed explanation of why this model can offer better outcomes for people with SMI. It also reviews the need for psychiatry and social work intervention from diagnosis to end of life. This chapter provides guidance to oncology care teams on how to tailor cancer treatment for this population. Finally, this chapter includes specific recommendations for the treatment of patients, support of their caregivers, and how to best provide consultation to the cancer care and psychiatry teams.