bluuebunny/crossref_metadata_2025_split huggingface dataset:
Civil Restraint Orders
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter studies civil restraint orders. It is clear from the key cases that the courts will come to the aid of a regulatory body to protect unwarranted and unjustified attacks by a registrant, and persons acting on behalf of a registrant, against the institution and its staff. Independently of the powers of the Attorney General to seek a civil or criminal proceedings order under section 42 of the Senior Courts Act 1981, or a restriction of proceedings order under section 33 of the Employment Tribunals Act 1996, proceedings may be initiated by the regulator under Civil Procedure Rules (CPR) 3.11 and Practice Direction 3C for a Civil Restraint Order or for an injunction under the Protection from Harassment Act 1997. The cases also identify the test to be applied and the approach of the courts. An extended or general civil restraint order may be made only by a judge of the Court of Appeal, a judge of the High Court, or a designated civil judge or their appointed deputy in the county court, and the maximum period for an order is two years in the first instance.
Double Jeopardy
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter reviews issues relating to double jeopardy. The courts have consistently stated that the double jeopardy rule that ‘no one ought to be twice punished for the same offence’ has no application to professional disciplinary proceedings. The double jeopardy rule has no relevance to professional disciplinary proceedings partly because of the difference in the nature of criminal proceedings, in which the issue is whether the practitioner is innocent or guilty of the charge, whereas in disciplinary proceedings the issue is whether the conduct amounts to professional misconduct. It is also partly because of differences in the standard of proof and in the rules of evidence in criminal and professional conduct proceedings. It is important to distinguish between issues of double jeopardy and issues of estoppel and legitimate expectation, which are more likely to give rise to a stay of professional disciplinary proceedings.
Interim Orders (Extension of)
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter highlights the power of the court to extend an interim order made by a fitness to practise tribunal or committee on an application by the regulator. An order for immediate or interim measures may be made by a fitness to practise (FTP) tribunal or committee following a sanction of erasure, suspension, or conditions and pending the order of the FTP tribunal or committee taking effect. It describes a person of whom an immediate or interim order is made who may apply to the court to terminate the order. The chapter covers applications to the court by the regulator to extend an interim suspension order or an interim conditional registration order made by a tribunal or committee. It reviews immediate or interim measures made by a tribunal or committee following a determination on sanction of erasure, suspension, or conditions.
Judicial Conduct
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter cites some provisions of the Constitutional Reform Act 2005 that deals with judicial discipline and provides that the Lord Chief Justice may make regulations for the investigation and determination of allegations of misconduct by judicial or other office holders. It reviews regulations and rules that have been made for dealing with complaints and disciplinary proceedings involving judicial office holders. If a judge becomes unable to properly perform their judicial function, it is desirable that they should be removed from office. The chapter discusses the Judicial Conduct and Investigations Office, which supports the Lord Chancellor and Lord Chief Justice in considering complaints about the personal conduct of judicial office holders. It covers the Guide to Judicial Conduct that contains a set of core principles of conduct to which judges should adhere.
Lies
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter covers the general principles of lies. It defines a defendant’s lie as probative of guilt. According to Thirlwall LJ, a lies direction is undoubtedly required where a defendant has admitted lying and the jury may regard that lie as probative of guilt. Moreover, any lies direction will require to be remodelled to take account of the civil standard of proof of the regulator in professional conduct proceedings. The chapter references the varying disciplinary cases of lying, such as Nicholas-Pillai v. General Medical Council in 2009. It explains that a Lucas direction may require to be given by the legal assessor or legally qualified chair.
Medical Advisers
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter explains the statutory provisions and rules of many regulators that provide for the appointment of medical and other specialist advisers to assist the tribunal or committee. It mentions the difference in the roles between a medical adviser and a legal adviser. Moreover, the Specialist Performance Advisor needs to have experience in the relevant field of practice because they provide advice as to medical issues regarding performance in that particular field. The chapter considers the nature of an examination or assessment of medical knowledge or skill as a medical issue regarding a practitioner’s performance. The chapter references disciplinary cases to confirm that the medical adviser is there to advise the committee on the medical significance of the information before the committee.
No Case to Answer
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter notes that most regulators will permit a practitioner’s submission of 'no case to answer’ at the close of the regulator’s case. On the other hand, some regulatory bodies permit a complainant to seek a review of the decision by the investigation committee not to refer a matter to the disciplinary committee. An application may be made on insufficient evidence to find the charge proved or that, even if the evidence were to establish the facts alleged, the charge is incapable of constituting misconduct or impairment. The chapter tackles the cases of R v. Galbraith and R v. Shippey to elaborate on the requirement that the court needs to consider the evidence as a whole, including its weaknesses and strengths. It references the Benham Ltd v. Kythira Investments Ltd case as an example of the disadvantages of the application of no case to answer.
Publication and Anonymity
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter considers the requirement of contrary regulators to publish the outcome of decisions in the absence of good reason. It elaborates on the publication of findings and publicity of the disciplinary process. The outcome of disciplinary proceedings and any sanction imposed by the committee or tribunal is an important aspect of the public interest. Thus, the witness’s identity can achieve anonymity in appropriate circumstances and confidential material may be omitted from any published report of the proceedings. The chapter also highlights that panellists are expected not to be unduly influenced by prejudicial publicity. It notes that the committee or tribunal should receive clear and emphatic advice to ignore any improperly reported material.
Reprimand
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter focuses on reprimanding, which is the lower end of the spectrum of sanctions available to a regulatory body. It elaborates on the rules of several regulatory bodies that provide for the imposition of a reprimand or admonishment if the committee or tribunal is satisfied that the allegation is well founded. Moreover, guidance on reprimands has also been issued by numerous regulators. The General Medical Council (GMC) may give advice or issue a warning. Meanwhile, the tribunal and the General Optical Council may issue a warning where the practitioner’s fitness is not found to be impaired. The chapter explores the relevant factors of a reprimand, such as the respondent’s low culpability and the likelihood of future misconduct.
Witnesses
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter notes the rules of regulatory bodies that typically include detailed provisions dealing with witnesses and evidence of witnesses. The provisions also involve directions requiring parties to supply lists of proposed witnesses and exchange witness statements ahead of the hearing, that witness statements should stand as evidence-in-chief, the taking of evidence and cross-examination, and special measures for vulnerable witnesses. Moreover, most bodies require evidence to be taken on oath or by affirmation, but this is not universal. The chapter mentions how the court is unlikely to interfere with a reasoned determination by the tribunal in line with the absence of procedural unfairness. It looks into various witness summons in a disciplinary hearing.
Medea’s Russian Images on Stage and in Literature
Authors: Nikiforova Larisa 
Published: September 2023

Abstract
This chapter introduces the vicissitudes of Medea in Russia, including the performance and translation of German and French versions as part of transnational court culture. Nikiforova additionally explores prose versions of the Medea story written for a broader audience as well as Russian folklore with obvious parallels to the Greek myth. The chapter highlights the significant ways in which the Colchian story was invoked by Catherine the Great herself. In the Russian context, it becomes apparent that current political events were scrutinized in the guise of classical myth, combined with indigenous legends, during a century dominated by a strong female rulers.
The Battle Against Poverty
Authors: Santos Juan Manuel 
Published: September 2023

Abstract
In the second decade of the twenty-first century, Colombia showed surprising results in the fight against poverty. Monetary poverty dropped from 40.3% in 2009 to 27% in 2018, extreme monetary poverty was cut in half in the same period, and multidimensional poverty fell from 30.4% in 2010 to 19.6% in 2018. More than five million Colombians overcame poverty. Inequality also decreased significantly. In the middle of an internal armed conflict and peace negotiations, Colombia became a poverty reduction success story. All of this happened under the leadership of President Juan Manuel Santos (2010–2018). How was this accomplished? In this book, based on his experience and with data and statistics, former President Santos explains how this battle against poverty was waged and describes the tools, programs, and policies that produced these results. In particular, he emphasizes the importance of Colombia’s globally pioneering adoption of the Multidimensional Poverty Index (MPI), calculated according to the Alkire–Foster method and developed at the Oxford Poverty and Human Development Initiative (OPHI). The MPI, inspired by the work of Professor Amartya Sen, has been used in Colombia not only as a poverty measure but also as an instrument to guide social policy. The Colombian approach to poverty offers lessons to other nations, academics, and decision-makers. The Colombian experience demonstrates that, with political leadership and reliable poverty measurement, it is possible to make progress toward social equality.
Introduction
Authors: Santos Juan Manuel 
Published: September 2023

Abstract
Juan Manuel Santos, former president of Colombia and Nobel Peace Prize laureate, gives an account of how he approached the issue of poverty in his country. He draws on his family and academic experiences, including his first lesson from Professor Amartya Sen at the London School of Economics (LSE), the impact on him of a speech by Bobby Kennedy at the University of Kansas, and his relationship with poverty as a journalist and as a minister of various portfolios. Finally, when he was elected president of Colombia in 2010, he made the fight against poverty, along with his goal to achieve peace, a pillar of his government agenda. He announced this in his inaugural address.
Colombia
Authors: Santos Juan Manuel 
Published: September 2023

Abstract
Resolved not to fall into the error known as the “Adam complex,” when Juan Manuel Santos took office as president of Colombia in August 2010, he decided to build on what had already been built and continue the process to develop a Multidimensional Poverty Index for Colombia (C-MPI). With the dedicated work of the National Planning Department (DNP in Spanish), led by Hernando José Gómez, the C-MPI was included as an indicator in the 2010–2014 National Development Plan. Finally, the C-MPI was officially adopted in August 2011, with ongoing support and guidance from Oxford Poverty and Human Development Initiative (OPHI). This chapter describes how the C-MPI was designed as well as its dimensions and indicators. In addition, it tells how, in May 2012, the National Council for Economic and Social Policy (CONPES in Spanish) issued CONPES Social No. 150, a document that laid out institutional responsibilities for calculating, analyzing, and evaluating the C-MPI. In this way, Colombia became a pioneering country in the world, not only for adopting the MPI but also for including it as an indicator in the government’s development plan and regulating its calculation and use. In 2013, Santos met with Professor Amartya Sen, who inspired the multidimensional measurement of poverty, at Oxford. Both were later appointed as co-founders of the Multidimensional Poverty Peer Network (MPPN).
Poverty, Conflict, and Peace
Authors: Santos Juan Manuel 
Published: September 2023

Abstract
A special feature makes the case of Colombia unique and particularly interesting: the strategy against poverty was put into practice in the middle of an internal armed conflict and, at the same time, during peace negotiations with the main illegal armed group, the Revolutionary Armed Forces of Colombia (FARC). Undoubtedly, poverty and war feed into each other. Therefore, the country’s effort to make peace was also an effort for social inclusion that ultimately allowed the State and its social support programs to reach areas of the country that had been isolated for decades. This chapter deals with initiatives essential for simultaneously consolidating peace and combating poverty. These include the reparation of victims, with whom President Santos sought ongoing personal contact, the restitution of land to dispossessed small-scale farmers, the reintegration of former combatants into society, voluntary substitution of illicit crops (this section includes a reflection on the failure of the war on drugs), and programs to develop the areas most affected by the conflict, known as the Development Programs with a Territorial Focus (PDETs in Spanish). This is a useful model for the world’s nations and regions affected by war and violence. This chapter concludes that, just as Nelson Mandela once told Juan Manuel Santos, peace and social development go hand in hand.
The Emerging Strategic Environment
Authors: Geist Edward 
Published: September 2023

AbstractThis chapter describes how the landscape of nuclear deterrence is changing and the ways in which the strategic theory inherited from the Cold War era can and cannot address the emerging challenges. Russia and China are currently deploying larger numbers of new kinds of nuclear weapons and U.S. nuclear strategy needs to evolve to account for these. Moreover, Moscow and Beijing have scrutinized the defeat of the USSR in the Cold War and designed their own strategies to avoid making the same mistakes. The chapter concludes that while the pioneers of nuclear strategy can provide some guidance about how to rise to the demands of the emerging strategic environment, the chapter argues that it ultimately demands new conceptual approaches and the reconsideration of old assumptions.
No Place to Hide?
Authors: Geist Edward 
Published: September 2023

AbstractThis chapter describes the way in which nuclear weapon states currently ensure the survivability of their retaliatory forces, such as missile-carrying submarines and mobile ICBMs. In order to analyze whether artificial intelligence and other emerging technologies can make these forces vulnerable, it is necessary to define the problems that computers must solve to enable this feat. Using examples such as U.S. anti-submarine warfare against Soviet submarines during the Cold War and the “Scud hunt” against Saddam Hussein’s mobile missiles during the Persian Gulf War, this chapter provides a discussion of the operational requirements involved. Given the characteristics of modern strategic nuclear forces, computers will need to solve information fusion and adaptive planning problems on an immense scale in essentially real time if they are going to enable counterforce targeting.
A View from the Provinces
Authors: Zwicker Jonathan 
Published: September 2023

AbstractTaking the catalog of a library of books collected across the nineteenth century by a family in a provincial town as a starting point, “A View from the Provinces” examines the ways in which kabuki in the nineteenth century circulated in print both within and beyond the city of Edo (the former name for Tokyo). Comparing the ways in which playbills, scripts, and illustrated books circulated in the countryside with depictions of provincial consumers of urban culture created by prominent writers and illustrators, we see how an idea of the theater as a quintessentially urban art that could only be consumed within the great theaters of the metropolis was belied by the ways in which kabuki circulated widely in printed form as both image and text.
Mothers and Daughters
Authors: Abrams Lynn 
Published: September 2023

Abstract
This chapter discusses the generational shift that took place between mothers and daughters, from ‘home-making’ to ‘self-making’. It analyses the attitudes of the mothers born before the Second World War and shows how their daughters in their life story accounts, rejected what their mothers stood for. It shows how the post-war generation’s embrace of modern selfhood antagonized their mothers, resulting in comprehension gaps and misunderstandings. This chapter discusses the material differences between the experiences of the two generations and the subsequent reinterpretation of those experiences by the daughters as they look back on their own journeys away from the lives of their mothers.
The Tyrannical Style of American Politics
Authors: Duquette Elizabeth 
Published: September 2023

Abstract
Alexis de Tocqueville’s Democracy in America is used to clarify the tyrannical style of the American imagination. Building from Richard Hofstadter’s influential formulation of the paranoid style, the tyrannical style is the expression of aggrieved frustration, not the articulation of oppression, that emerges when elites are challenged by the expansion of equality. While working through the various modes of tyranny he identifies in the United States, Tocqueville provides an example of “the South” jealous of its neighbors and anxious about the possible loss of its privileges. The tyrannical style antedates Tocqueville’s analysis, as a reading of works by John Taylor of Caroline makes clear. The chapter ends with other brief example of the tyrannical style in Alfred Bledsoe; Basil Ransom from The Bostonians; and The Marrow of Tradition, by Charles Chesnutt.
Raking Imperial Muck
Authors: Duquette Elizabeth 
Published: September 2023

Abstract
Not only does the chapter provide an overview of the relationship between writing about wealth or money and tyranny; it surveys mid-century thinking on what the advent of capitalism did to reshape the understanding of tyranny. Across the 1850s, many writers and thinkers began increasingly to notice the unfreedoms associated with capitalism, often using enslaved persons as figures for the working class. This chapter looks at this affiliation from another direction, focusing on the ways that capitalism generalizes forms of tyranny. Two authors anchor the chapter: Margaret Fuller and Karl Marx. Both were correspondents for the New-York Daily Tribune, and both wrote powerfully in the newspaper’s pages about the threat, new but old, that tyranny posed to persons. At the same time, the chapter continues to work within the frame of the long age of Napoleon by stressing the villainous role that Napoleon III played for Marx and, to a lesser extent, Fuller. In the Second Empire, Marx identified a new form of socialism—imperial socialism—a precursor to fascism.
Napoleonic Codes
Authors: Duquette Elizabeth 
Published: September 2023

Abstract
Louisiana state law is based on the Code civil des français, a local oddity that scholars of Kate Chopin have linked to her representation of Creole New Orleans in The Awakening. I return to this fact with a second piece of evidence from the novel—Edna Pontellier’s first love looks like Napoleon—to consider how Napoleonic codes shape the text. The chapter’s investigation is organized by the process of discrimination, fundamental to a civil code and a problem for Edna and her community. Drawing on Henri Bergson and Friedrich Nietzsche, the analysis demonstrates the ways that individualism’s imperial parameters prove destructive for communities and persons alike.
Haiti, Singing for the Land, Sea, and Sky
Authors: Dirksen Rebecca 
Published: September 2023

Abstract
Vodou drummer Jean-Michel Yamba echoes a refrain that has been reverberating through Haitian society for some time: the Earth is dangerously out of balance, and the world’s people are the cause. Scientific studies support this uneasy realization: the 2018 Global Climate Risk Index ranks Haiti as the single most vulnerable country in the world to the effects of extreme weather events related to climate change. This chapter reflects on how humanity’s responsibility toward the environment has been deeply encoded as traditional ecological knowledge (TEK) within Vodou sacred ecology, which is expressed through songs and interactions with the lwa (spirits).
Resilient Sounds
Authors: Post Jennifer C. 
Published: September 2023

Abstract
This chapter addresses the sonic practices and conservation actions of residents of Rakiura Stewart Island in Aotearoa New Zealand. Using a social-cultural-ecological systems model to argue for a more balanced approach to ecologically focused studies, the work shows how sounds and soundscapes as expressive forms are key sources for knowledge about the environment and its conservation needs while also supporting the daily lifeways of the island’s residents. Māori and European settler residents, engaged with local sounds of nature in their daily lives, are supported by local and national organizations as they focus on restoration of the island’s resources to a perceived pre-settlement state. In the process they can support their aesthetic needs, measure conservation success, and mark social bonds. The community focus on sounds in their more-than-human communities contributes to building unique Māori-European relationships while also supporting the resilience of nature and of Māori social and cultural relationships to the environment.
Eco-Trope or Eco-Tripe?
Authors: Titon Jeff Todd 
Published: September 2023

Abstract
This chapter is a response to Keogh and Collinson’s challenge to music ecology. The author takes issue with their characterization of the “balance of nature” eco-trope in ecological science and music ecology. In distinguishing between ecology as a Western scientific field of inquiry and ecology as a holistic philosophy, the chapter proposes that, like ecological science, ecomusicologies can be holistic without being teleological. It attempts to assuage the concern that music ecology is utopian and risks maintaining the unjust legacy of racism, colonialism, and the neoliberal socioeconomic order. On the contrary, it argues that music ecology’s ecojustice framework embraces a more comprehensive and equitable revisioning of the global political and economic power structure, one that is a multiracial, multiethnic, multigender, and multispecies pluriverse.