bluuebunny/crossref_metadata_2025_split huggingface dataset:
Exploring the new plebiscitary democracy
Authors: Hendriks Frank 
Published: September 2023

Abstract
This chapter explores the emerging, hitherto underconceptualized, new plebiscitary democracy, which reinvents and radicalizes longer-existing plebiscitary methods (initiative, referendum, recall, primary, petition, poll) with new tools and applications (mostly digital). The new plebiscitary democracy comes with a comparatively thin conception of democracy, invoking the bare notion of a demos whose aggregated will is to steer actors and issues in public governance in a straight majoritarian way. The chapter fleshes out an empirically informed typology, distinguishing between new plebiscitary methods that are developed bottom-up versus top-down, and that are issue-oriented versus leader-oriented. Various specimens, confronting both deliberative and electoral democracy, are discussed. As systematic research into the various guises, drivers, and implications of the new plebiscitary democracy is largely missing, and much less advanced than research into the deliberative turn, a gap-filling research agenda is being teased out here.
The American House Poem, 1945-2021
Authors: Hunter Walt 
Published: September 2023

Abstract
This book tracks the emergence of an “American house poem,” from the time of the post-war housing boom through the post-2008 housing crisis. The house is perhaps the most recognizable emblem of the American ideals of self-making: prosperity, stability, domesticity, and upward mobility. Yet over the years from 1945–2021, the American house becomes more famous for the betrayal of those hopes than for their fulfillment: first, through the federally enacted segregation of cities and public housing; then through the expansion of private credit that lays the ground for the subprime mortgage crisis of the early twenty-first century. This book finds that, as access to housing expands to include a greater share of the US population, the house emerges as a central metaphor for the poetic imagination. During the post-World War II age of ascendant American power across the globe, the American house poem represents the changing abilities of US poets to imagine new forms of life while also building on the past. The American House Poem focuses on poetry written by women, Black, and LGBT+ writers who register the unevenly distributed pressures of successive housing crises by rewriting older poetic forms. Writing about the materials, tools, and plans for making a house, poets express the tensions between making their lives into art and freeing their lives from inherited constraints and conditions.
The Scope of the Doctrine
Authors: Goudkamp James , Nolan Donal 
Published: September 2023

Abstract
Chapter 2 addresses the causes of action to which the contributory negligence doctrine applies. This issue is not straightforward in circumstances where the legislature failed adequately to deal with it in the apportionment legislation and where the courts have not managed to propound a clear set of principles in this regard. The unsatisfactory result is that the ambit of the doctrine is governed by a series of ad hoc decisions that lack overall coherence. The chapter proceeds by first considering the rule that apparently precludes the courts from extending the doctrine to causes of action in respect of which the complete defence of contributory negligence was not available before 1945. It then considers the doctrine’s application to the intentional torts before turning to address the position with regard to other common law torts, statutory torts, breach of contract, and equitable wrongs.
Executive Approval in Great Britain
Authors: Bartle John , Dellepiane-Avellaneda Sebastian , McGann Anthony 
Published: September 2023

Abstract
The British political system is widely supposed to produce strong and responsible government. As a result, the electorate is widely expected to hold the executive to account for conditions, particularly the economy. This chapter shows that these expectations are fulfilled: approval is driven by economic optimism. Governments are rewarded for making people feel good about the economy and punished for making them feel bad. Executive performance is also influenced by evaluations of the government’s ability to manage ‘events’, the electoral cycle, the cost of ruling, and policy advantage. The chapter examines whether two recent developments—the independence of the Bank of England in 1997 and coalition government from 2010 to 2015 changed these relationships. Both changing contexts should have made it more difficult for the public to evaluate government responsibility for economic performance. We find that Bank of England independence moderated the relationship between interest rates and approval, while coalition government did little to alter the fundamental dynamics of monthly approval.
Federal Government Approval in Canada
Authors: Bélanger Éric , Jacques Olivier 
Published: September 2023

Abstract
This chapter examines the impact of macroeconomic, political, and fiscal policy variables on the Canadian federal government’s popularity from 1978 to 2018. It observes a decline in the impact of the macroeconomic variables over time. This decline coincides with a shift in the government’s fiscal policy agenda which has been centred on austerity and deficit reduction since the early 1990s. Until then, Canadians preferred budget deficits and the effect of the economy on executive approval was clear and consistent. As deficits became unsustainable during the economic crisis of the early 1990s, balancing the budget became the government’s main objective. The government’s austerity discourse and actions convinced many Canadians of the purported benefits of a balanced federal budget. Since then, Canadians have rewarded the government for a reduction of budget deficits, and the impact of the economy on the government’s popularity became inconsistent. The authors demonstrate this over-time change using Wald tests, split samples, and rolling regressions. In that respect, their findings provide support to one of the theoretical perspectives laid out in this volume’s introduction, according to which the salience of economic issues has changed over time, a factor that partly explains the variation observed in the relationship between economics and executive approval.
Hamer's Professional Conduct Casebook
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This book provides comprehensive coverage of case law in the field of professional regulation and discipline, making it an indispensable source of reference for practitioners and tribunal members. The fourth edition of this casebook contains ninety chapters of key cases, as well as a supplement covering additional cases in an easy to follow A–Z format. It distils the general principles from the legislative framework and offers informed summaries that are of great support for practitioners. The book covers issues arising during the course of professional conduct proceedings, from absence of the practitioner to evidence, findings of fact, misconduct, impairment, and sanction. It identifies the applicable statutory and non-statutory provisions and guidance on each topic and summarizes the leading cases and relevant case law.
Conviction and Caution Cases (General Principles)
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter evaluates the general principles in conviction and caution cases. In professional disciplinary proceedings, other than in exceptional circumstances, a party cannot challenge a criminal conviction and seek to go behind it, endeavouring to show that the practitioner was innocent of the charge and should have been acquitted. A key example is General Medical Council v. Spackman [1943]. A practitioner may prove that they were not the person referred to in the certificate or extract, but, that apart, there would need to be exceptional circumstances or compelling grounds for a tribunal to go behind a certificate or extract of conviction. The same applies in the case of a foreign conviction, such as in Rak-Latos v. General Dental Council [2018]. Evidence of the underlying facts relating to the conviction is admissible if not inconsistent with the conviction.
Experts
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter describes a disciplinary tribunal which, like a jury in crime, should see an expert’s evidence to assist on a matter that is likely outside its experience and knowledge. There would need to be clear and compelling reasons to reject the evidence of an expert witness, and where there are conflicting opinions between the experts, the tribunal should give reasons why it is rejecting one expert and accepting the evidence of another. It identifies the risks posed by the recurrence of misconduct, which is a matter of ordinary assessment by the tribunal. The chapter stresses how repeatedly breaking the obligations laid down by the courts on expert witnesses when giving evidence is considered a serious professional misconduct for a practitioner. It mentions the Squier v. GMC case, which addresses the reason why shortcomings on expert witnesses amount to serious professional misconduct.
Findings of Fact
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter highlights regulatory bodies that provide for findings of fact to be considered and announced by the tribunal or committee before consideration of other issues. It reviews the recent cases of Dutta and Khan, which show that by beginning with the question of credibility and without reference to the specific allegations, the tribunal is likely to fall into the trap of doubting the complainant before reviewing any documentary evidence. It also cites the case of Forsyth v. FCA, which demonstrates how the tribunal will need to consider the overall plausibility of the evidence and be vigilant when sifting and considering the evidence. The chapter mentions the appellate court, which will accord significant respect to the judgment of a specialist tribunal after considering all the material before it. It details the task of the tribunal, which is to consider whether the core allegations are true.
Health (Adverse Physical or Mental Health)
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter examines the statutory provisions for healthcare professionals, which provide that a practitioner’s fitness to practise shall be regarded as impaired by reason of adverse physical or mental health. The Bar Standards Board has Fitness to Practise Regulations for determining whether a barrister is unfit to practise as a result of a physical or mental condition. It cites Brocklebank v. GMC, which is considered the leading case in relation to adverse physical or mental health. The chapter talks about how the tribunal or committee is entitled to have regard to whether the condition is a continuing or episodic condition, or one that may be expected to cause recurrence of serious impairment. It highlights the risk to patient safety that is likely to be impaired, which is a key factor when considering a practitioner’s refusal to undergo a health assessment.
Insight and Remediation
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter considers insight as a matter that a fitness to practise tribunal or disciplinary committee will consider when deciding on current impairment and sanction. It is usually covered in the sanctions guidance both of healthcare and non-healthcare regulators. It demonstrates how professional tribunals seek to ascertain the extent to which the practitioner has ‘insight’ in the sense that they accept that they should have behaved differently and have reflected and taken steps to remediate concerns about their conduct, behaviour, skills, or knowledge. The chapter mentions the important decision of the Court of Appeal in PSA v. HCPC, which shows how a disciplinary committee will weigh all relevant evidence. The case of Motala v. GMC emphasizes that the assessment of insight is a matter for the tribunal’s judgment and that the courts will be slow to interfere with such a finding of fact.
Integrity (Lack of)
Authors: Hamer Kenneth 
Published: September 2023

Abstract
The chapter looks at the Codes of Conduct of many regulators that expressly provide that a registered person must act at all times with integrity. It analyses the decisions of the Court of Appeal in the cases of Wingate and Evans and Malins, which clarify that integrity is a broader concept than dishonesty. It also points out how society expects professional persons to demonstrate a higher obligation and integrity in all of their work. The chapter highlights the lack of integrity that can occur in situations concerning a professional person’s private life, although it will depend on how the rules of the body are framed and considerations under Article 8 of the European Convention on Human Rights (ECHR) are played. Where the standard of behaviour is clear, the test of lack of integrity is an objective one.
Interim Orders (General Principles)
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter concerns section 41A of the Medical Act 1983, which provides that the registration of a person can be suspended or be made subject to conditions for a period not exceeding eighteen months. Any interim order is subject to regular review and may be revoked, varied, or replaced by a different order, and on application to the court the period of eighteen months may be extended. It considers the GMC v. Hiew case as the leading authority in relation to interim orders. The chapter states that the criteria for the exercise of the court’s power for an extension can be the same as the original interim order. It reviews the principle of proportionality that is applicable when the interim orders tribunal determines whether an interim order should be imposed and when determining the length of any interim order.
Joinder
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter mentions the Chartered Institute of Management Accountants, Disciplinary Committee Rules 2020, which is one of the examples of procedural rules dealing with issues of joinder of allegations or respondents. It discusses the joinder of two or more allegations or categories of impairment against a registrant and whether complaints against two or more registrants should properly be heard together. The rules of most healthcare regulators contemplate an inquiry by one panel into whether the registrant’s fitness to practise is impaired. The chapter describes a panel that is to be informed of all of the facts and all of the background of the registrant that could help it to determine what is to be done by way of sanction or penalty. It explores the power to order separate hearings where two distinct types of conduct are alleged or the outcome of one allegation might adversely affect the outcome of another.
Judicial Review
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter analyses section 31 of the Senior Courts Act 1981 and Parts 8 and 54 of the Civil Procedure Rules 1998 that contain the rules governing claims for judicial review. It looks at cases to show that the decisions of professional bodies operating in the public domain and underpinned by statute are amenable to judicial review. The courts discourage applications for judicial review against interim orders or directions made during disciplinary proceedings in the absence of exceptional or pressing circumstances. The chapter points out that an applicant is expected to have pursued any alternative remedy before embarking on proceedings for judicial review. In the case of domestic proceedings or where the parties’ rights are based in contract, the court has taken a firm line that judicial review is not an appropriate remedy.
Natural Justice
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter focuses on the rules of natural justice, which are implicit in all regulatory proceedings. It notes how regulators refer to the need to ensure that the tribunal deals with cases justly. The courts have been concerned to ensure that the rules of natural justice are complied with while simultaneously ensuring that the proceedings are not burdened with the excessive procedural argument in professional disciplinary proceedings. Moreover, courts will invariably look to see whether the overall fairness of the proceedings has been achieved. The chapter looks into professional conduct, police, and prison disciplinary cases that establish the rules of natural justice applying equally to bodies operating under contractual arrangements as much as those set up under legislation.
Review Hearings
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter focuses on review hearings in the healthcare profession. It notes how a review hearing may arise in circumstances of impairment of the registrant’s fitness or statutory requirement for a review of an interim suspension order. Moreover, the fitness to practise rules of each of the healthcare regulators provide for the procedure to be followed at a review hearing. The chapter elaborates on the practice, procedure, orders, and directions of review hearings by citing cases for reference. It then clarifies that a review hearing is not an appeal or an opportunity to reopen the earlier determination, but a procedure to consider and determine the practitioner’s fitness to practise.
Sanction (Specific Cases)
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter considers the sanctions for specific cases that involve healthcare misconduct and legal professionals. It covers healthcare misconduct cases, including the Salha v. General Medical Council case, in which a plagiarism reprimand was substituted for suspension, while the Giele v. General Medical Council case looked into a situation in which the doctor had an inappropriate relationship with their patient. The GMC’s Interim Orders Committee was entitled to give greater weight to the public interest and to the need to maintain public confidence in the profession than to the consequences to the appellant of the imposition of the penalty. The chapter also tackles how sanctions were handled against other professions, such as a priest having an improper relationship with a parishioner and a teacher under a prohibition order. Moreover, the Long v. Police Service Commission case raised the issue between public interest and the requirement of retirement as a penalty.
Unrepresented Practitioner
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter discusses unrepresented practitioners at hearings before the fitness to practise tribunals or disciplinary committees. According to the rules of most regulatory bodies, a practitioner may self-represent or attend a hearing with a member of their family or another suitable person in the absence of being legally represented or represented by a professional organization. Moreover, the rules of regulators then clarified that an unrepresented practitioner will not be permitted to cross-examine the complainant when an allegation of sexual misconduct is charged. The chapter notes the number of sources available to help unrepresented practitioners, including the Advocate, National Pro Bono Centre, McKenzie friend, and Doctor Contact Service. It also highlights the significance of tribunals becoming proactive in considering whether adjustments are needed when an individual shows signs of being unwell during a hearing.
Waiver
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter explains how waivers can arise in professional conduct proceedings similar to other proceedings. It references disciplinary cases in which the question of waiver arose, such as McCarthy v. Bar Standards Board which involved a disciplinary tribunal with any objection to bias waived. According to Lord Bingham of Cornhill CJ, an effective waiver had to be voluntary, informed, and unequivocal. If there is any evidence that the advocate put pressure on the client or concealed any material facts, then the client must be able to show that his apparent agreement was involuntary or uninformed. However, the tribunal must be able to proceed on the grounds that a qualified advocate has the appropriate authority.
Encouraging Results
Authors: Santos Juan Manuel 
Published: September 2023

Abstract
By the end of the second decade of the twenty-first century, Colombia had established itself as a success story and a leader in its region in reducing both multidimensional and income poverty, resulting in the expansion and consolidation of the middle class. It also showed significant progress in reducing inequality, as measured by the Gini coefficient. Other social indicators—not just the Colombian Multidimensional Poverty Index (C-MPI)—verify the results of properly targeting social policy, with increasingly comprehensive and accurate measurements. Based on the work of Professor Steven Pinker, the author analyzes the data that demonstrates positive social transformations in Colombia over the past three decades. Social inclusion also encompasses progress in protecting the rights of minorities or vulnerable groups, such as people with disabilities, women heads of household, or the LGBTI population. This chapter concludes with a lesson that highlights the merits of coordinated and targeted work using instruments such as the Multidimensional Poverty Index to obtain positive and measurable results that lead to greater social equality.
Kabuki's Nineteenth Century
Authors: Zwicker Jonathan E. 
Published: September 2023

AbstractKabuki’s Nineteenth Century examines the theater culture of nineteenth-century Japan from the perspective of the history and materiality of the book, the nature of reception, and the making and using of images. The aim of this book is to rediscover the kabuki theater of nineteenth-century Japan by shifting our critical focus from performance to print and the public sphere and thus embedding theater history within the larger world of printed matter, by means of which theatricality circulated beyond the stage and through which performance was most often consumed. Fundamental to Kabuki’s Nineteenth Century is a reconsideration of the nature of the printed archive itself. The book argues that the archive of printed material related to the theater in nineteenth-century Japan (playbills, actor critiques, theater guides, maps, actor prints, calendars, and broadsheets) is something more than—and more complicated than—a set of materials out of which we might reconstitute the always transient event of performance. Rather, the archive constitutes an object of inquiry unto itself, an object that reveals as much about the interrelations between, and among, various printed media and genres circulating beyond the confines of the theater as it does about what happened on stage.
American Tyrannies in the Long Age of Napoleon
Authors: Duquette Elizabeth 
Published: September 2023

Abstract
What if the American experiment is twofold, encompassing both democracy and tyranny? That is the question at the core of this book, which traces some of ways that Americans across the nineteenth century understood the perversions tyranny introduced into both their polity and their society. While some informed their thinking with reference to classical texts, which comprehensively consider tyranny’s dangers, most drew on a more contemporary source—Napoleon Bonaparte, the century’s most famous man and its most notorious tyrant. Because Napoleon defined tyranny around the nineteenth-century Atlantic world—its features and emergence, its relationship to democratic institutions, its effects on persons and peoples—he provides a way for nineteenth-century Americans to explore the parameters of tyranny and their complicity in its cruelties. Although he is not always necessary, Napoleon helps us see the decidedly plural forms of tyranny in the United States, bringing their fictions into focus. At the same time, however, there are distinctly American modes of tyranny. From the tyrannical style of the American imagination to the usurping potential of American individualism, the book shows that tyranny is as American as democracy.