bluuebunny/crossref_metadata_2025_split huggingface dataset:
Empathy Through Commonality
Authors: McDonald Jared 
Published: November 2023

Abstract
Chapter 3 provides a theory of political compassion, arguing that Americans are less skeptical of candidates who are empathetic (who can take the voter’s perspective) than ones who are sympathetic (who promise action to help). Empathy is conveyed through commonality, such as a shared experience (I’ve been through what you’ve been through), a shared emotion (I feel how you feel), or a shared identity (I am who you are). The dimensions of empathy are tested using a series of behavioral experiments that present respondents with politicians of differing experiences, emotions, and identities. With shared experience, the research shows that opposing partisans—those who are most skeptical of a politician’s promises—are those who most require an empathetic appeal. The findings also show that a shared emotional orientation (such as anger toward or hope for the government and society) and shared identity (such as race) also shape perception s of compassion.
Compassion, Gender, and Parenthood
Authors: McDonald Jared 
Published: November 2023

Abstract
Chapter 4 examines how gender and motherhood shape perceptions of political character. Using two surveys, the chapter shows that women rarely experience an advantage over men when seeking public office. This is because women are assumed to be compassionate, so they receive little bonus for messaging on themes of caring and warmth. At the same time, on the one hand, they are punished for going “against type” by emphasizing traditionally masculine traits of strong leadership. Men, on the other hand, are rewarded for going against type by emphasizing traditionally feminine traits of compassion and caring. Looking specifically at the issue of parenthood, results show that Americans who have kids similarly prefer politicians who are parents. Yet this advantage applies equally to both mothers and fathers. In short, women seeking office may find the “nurturing mother” stereotype to be more constraining than advantageous.
Multiple-Reel Westerns, 1912–1914
Authors: Abel Richard 
Published: November 2023

Abstract
This chapter takes up multiple-reel westerns, from 1912 through 1914, with Indian pictures from Bison-101 and Universal-Bison especially conspicuous and even more complicated and contradictory than before. While some of the latter offered a rationale for Native American resistance to advancing settlers, a few—notably Bison-101 “special features”—even admitted that whites were invading and illegally seizing Indian lands. Although cowboy films may have been less numerous, their stories, with the exception of Lubin’s The Toll of Fear, were located firmly in more settled white communities, mostly now devoid of Indians and Mexicans. One feature directed by Cecil B. DeMille restaged the tragic culmination of earlier mixed-race stories; another retold the earlier violent stories of white male rivals. In the context of the Golden Jubilee, several companies also turned away from westerns to produce Civil War films.
William S. Hart, “The Man with the Face That Talks”
Authors: Abel Richard 
Published: November 2023

Abstract
This chapter marks a significant break as Indian pictures and cowgirl films faded from movie screens and westerns now featured male movie stars who embodied a new model of superior white masculinity. Williams S. Hart epitomized this new male star as a reconfigured “good badman,” a skilled horseman and gunman who faces off against other whites in settler communities and sometimes gangs of Mexicans and half breeds—yet bonds at least once with such a gang. He also often confronts a rival for the love of a white woman who will become the agent of his transformation. With very brief exceptions, Native Americans are conspicuously absent. Despite his transformation, Hart’s “good badman” usually goes off alone, excluded from a settled white community.
Touring the West 4
Authors: Abel Richard 
Published: November 2023

Abstract
During the Great War, the movie industry, along with US government agencies, produced many more short travel films in a “See America First” campaign. A favorite subject was the natural scenery of national parks that, for movie audiences, promoted America as “nature’s nation” and touring them as “a ritual of citizenship.” Some films also publicized the advances of automobiles and roads that encouraged further tourism. Nearly all showed little interest in either the former Native American inhabitants or the wildlife currently living in these landscapes. Depopulated of both Indigenous peoples and wildlife, these travel films transformed western wildlands into spectacular consumables for the pleasure of white American settlers, whether as real or virtual tourists.
From Antimonopoly to Antitrust
Authors: White Richard 
Published: November 2023

Abstract
Richard White’s chapter “From Antimonopoly to Antitrust” reinforces the theme of the original radicalness of the original nineteenth-century American antimonopoly tradition. White specifically addresses the emergence of antitrust law from within this broader American antimonopoly tradition. He posits that US antimonopoly and antitrust were distinct traditions, with the latter as a more technocratic synthesis emanating from the legal-political difficulties of the Gilded Age. Orienting his chapter particularly around the Interstate Commerce Act and Sherman Antitrust Act, White argues that the narrow, empirical focus on the economic consequences of antitrust undercut broader antimonopolist messaging about the threat of monopoly to the values of equality and democratic producerism in a democratic republic. The resulting antitrust laws, he concludes, were not so much the embodiment of American antimonopoly as blunting instruments deployed against more radical proposals.
Antimonopoly and State Regulation of Corporations in the Gilded Age and Progressive Era
Authors: Lamoreaux Naomi R. 
Published: November 2023

Abstract
This chapter revises conventional ideas about the states’ role in antitrust policy in the late nineteenth and early twentieth centuries. It argues that the effect of New Jersey’s chartermongering in stimulating a regulatory race to the bottom has been greatly overstated, as has the states’ lack of economic power in the face of combinations whose operations were national in scope. In fact, there was considerable heterogeneity in states’ efforts to enforce their antitrust laws. Some states were never very active in the antitrust arena; others were always active; some were active early on and became less so over time; still others became more active in the early twentieth century. In general, there was an East-West gradient to the avidity with which state attorneys general pursued an antitrust agenda. In the East, where big business interests were relatively strong, there was less effort to enforce the antitrust laws than in the West, particularly in the Plains states, where oppositional groups had greater strength. These patterns suggest that the political economy of the states was as important for explaining the locus of antitrust activity, as was the relative growth in the regulatory capacity of the federal government.
Antitrust and the Corporate Tax, 1909–1928
Authors: Avi-Yonah Reuven 
Published: November 2023

Abstract
In “Antitrust and the Corporate Tax, 1909–1928,” Reuven Avi-Yonah examines a twentieth-century antitrust measure that lay outside the Sherman Act per se—the corporate tax act of 1909. After the enactment of the Clayton Act and the creation of the FTC in 1914, the corporate tax’s antimonopoly reputation faded somewhat. Between 1919 and 1928 most of its antitrust features were eliminated, and they would not be revived during the New Deal. Nevertheless, Avi-Yonah argues that the corporate tax still retains some potential to contribute to limiting the power of monopolies, especially if the progressive corporate tax rate structure adopted in the 1930s and abolished in 2017 is revived.
Africa's International Investment Law Regimes
Authors: Kidane Won L. 
Published: November 2023

Abstract
Although averaged only about 3% of the inflow of the global foreign direct investment (FDI) over the last half-century, African states were asked to answer about a quarter of all investor–state claims adjudicated under the auspices of the International Centre for the Settlement of Investment Disputes (ICSID) since its inception in 1965. The African states’ support was indispensable for the creation of ICSID but once it began its adjudicative function, it gave the Africans a rough start. In the early decades, many of the newly independent states refused to participate and suffered adverse default judgments by tribunals that lacked diversity reenforcing the feeling of marginalization. Since the beginning of the new millennium, however, Africa dropped the boycott, began defending itself more vigorously, helped shape the jurisprudence, and won most of the cases. At about the same time, Africa began to appreciate the shortcomings of the existing regime of international investment law and embarked on reform efforts. Those efforts essentially took a continental and regional dimension. This book conducts a qualitative review of all aspects of Africa’s ICSID cases published in English under 13 different substantive and procedural topics and answers the question whether the adopted and proposed continental, regional, and bilateral reform efforts are indeed responsive to the actual deficiencies of the existing regime as evidenced in the cases that the African states defended in the last 60 years.
Procedural History and the Evolution of the African State’s Participation in Investment Arbitral Proceedings
Authors: Kidane Won L. 
Published: November 2023

Abstract
The turbulent and long journey traversed by African states covered in this book begins with the 1970s Libyan Oil cases in which the African state lost all three cases without participation and ends with the 2022 case of Bay View Group LLP v. Rwanda, in which all Western arbitrators handed a complete and resounding victory to Rwanda against investors from the United States in a case arbitrated under the 2004 US BIT Model and the ICSID Convention. This chapter begins the procedural inquiry of the pre-2010 cases and presents the full scope of the procedural history of the cases and the African state’s participation in the early cases.
Determination of Facts
Authors: Kidane Won L. 
Published: November 2023

Abstract
The cases profiled in this study contain numerous examples of what kinds of facts are litigated in ISDS cases and how the various tribunals have undertaken the task of determining dispositive facts. It also shows how facts, although less frequently talked about, are perhaps more important determinants of outcome than just about anything else even in treaty cases. In a related sense, focusing on the pre-2020 cases, this chapter shows that the determination of facts is truly as essential in treaty cases as it is in any domestic judicial or arbitral proceedings. In that sense, it offers an unusually focused exposition of the least appreciated aspect of ISDS cases.
Development of Expropriation Rules in the Post-2010 Period
Authors: Kidane Won L. 
Published: November 2023

Abstract
In the decades that followed 2010, although it faced serious competition from other substantive principles such as fair and equitable principle, expropriation remained the most frequently invoked investment law principle. The post-2010 tribunals continued to cite to while at the same questioning some of the prior expropriation jurisprudence. They reckoned with more diverse instruments and an accumulated but not necessarily consistent body of caselaw. Focusing on the Post-2010 cases, this chapter continues the inquiry on the evolution of the concept of expropriation in the African context.
The Umbrella Clause as a Concept of International Investment Law in the African Cases
Authors: Kidane Won L. 
Published: November 2023

Abstract
General or specific obligations that states assume under domestic law and contract are sometimes elevated to international obligations under provisions of investment treaties often called the umbrella clause. The umbrella clause is an extremely contentious concept. Indications are that it is generally disfavored in the jurisprudence because it essentially convert contractual obligations into treaty obligations. Treaty tribunals rarely predicate their decisions in whole or in part on the umbrella clause. Many tribunals have, however, defined the contours of this principle although not always consistently. This chapter examines the prevalence and use of the umbrella clause principle in the African cases in temporal classification corresponding to the previous chapters.
Fair and Equitable Treatment and Nondiscrimination Principles in the Post-2010 Cases
Authors: Kidane Won L. 
Published: November 2023

Abstract
The fair and equitable principle continued to grow in frequency and complexity in the African cases in the post-2010 period. This is not unique to the African cases. The attracted ISDS tribunals’ attention in a broad spectrum of cases. Its interaction with notions of non-discrimination and denial of justice have been particularly notable. It also gradually overshadowed the principle of full protection and security with many tribunals considering the two principles two sides of the same coin. During this period, some newer concepts have also developed and solidified most notably the concept of legitimate expectations. It later became one of the most contentious concepts in investment law. This chapter examines the development of these principles in the post-2010 African cases.
Choice of Law
Authors: Kidane Won L. 
Published: November 2023

Abstract
The selection of the applicable law is often one of the most important decisions that any tribunal could make. Many of the African ICSID cases applied a combination of the host country’s domestic laws, treaties, and principles of international law. The selection and ascertainment of the applicable rule of law is often a subject of contention. When the claim is based on a treaty, the principal source of law is obviously the treaty itself. When the claim is based on contract, the contract often selects the applicable law. If it fails to do so, the tribunal selects one. In most cases, ISDS tribunals apply a combination of international and national laws. This chapter explores the various tribunals’ concurrent application of the host state’s laws and principles and rules of international law.
Damages
Authors: Kidane Won L. 
Published: November 2023

Abstract
The award and assessment of damages is often no less contentious than the finding of liability. Damages could be assessed under domestic law standards, international law standards, or under a combination of domestic and international law standards. Many of the African cases demonstrate the difficulties of the articulation of these standards and their application to specific factual circumstances. The assessment of damages often occurs after the findings of liability. Many tribunals bifurcate the proceedings on the finding of liability and assessment of damages. However, the assessment of damages is done on the basis of applicable substantive rules. This chapter canvases the various tribunals’ articulation of legal standards for the assessment of damages and their application of these standards to the African cases under review.
Allocation of Costs and Interests
Authors: Kidane Won L. 
Published: November 2023

Abstract
Each proceeding ends with the allocation of costs and interests. This is particularly so when the proceeding runs its full course on the merits. These decisions are taken on the basis of substantive rules that apply specifically to the allocation of costs and interests. These rules are a combination of the arbitral rules’ choice of law and relevant domestic laws addressing these matters. Collectively, these rules often delegate broad authority to the tribunal. As a result, the approaches have been as varied as the tribunals themselves although the choices they have are not exactly unlimited. This chapter surveys the allocation of costs and the award of interests in the African cases.
Africa’s BITs with Its Eastern Partners
Authors: Kidane Won L. 
Published: November 2023

Abstract
Afro–Asian BITs are a more recent phenomenon. Although they are remarkable indicators of South-South cooperation, they essentially used the same template of the North-South BITs with notable modifications. The key player is China, which used its own model in the early periods. It gained no noticeable following until its own model morphed to resemble the original Afro-European BITs. They showed significant evolution over the decades. This chapter traces the historical development of Africa’s BITs with its Eastern Partners and evaluates the character of these BITs concluded since the 1990s to the most contemporary. It offers a critical appraisal of selected models in generational categories.
Second Skin
Authors: Cheng Anne Anlin 
Published: November 2023

Abstract
What does a Black burlesque star have to do with some of the most enduring and passionate ideas in modern aesthetic theory? Josephine Baker emerges in this previously untold story as a principal figure in the drama behind the making of Euro-American modernism. Instead of seeing her nude performances as a primitivist given, the author argues that Baker’s skin was central to heated debates about and desire for “pure surface” that crystallized at the convergence of modern art, architecture, machinery, and philosophy. Taking the reader across the Atlantic—through real stages and imagined houses; banana plantations and ocean liners; metallic bodies and radiant cities—this study tracks the ardent and protean conversation between the making of a modernist style and the staging of a new Black visuality. In this account, Baker and the modernists known to have adored and objectified her in fact share a common dream: the fantasy of remaking and wearing the skin of the other.
Skins, Tattoos, and the Lure of the Surface
Authors: Cheng Anne Anlin 
Published: November 2023

Abstract
This chapter presents an introduction to architectural theorist Adolf Loos, known as the founding father of modern architecture, and his seminal theories about ornamentation, tattoos, cladding, and other key terms that contributed to the making of what we now understand as “modern architecture.” This in-depth analysis of key terms in Loos’s conceptual body of work reveals the contradictions, desires, and disavowals fueling Loos’s formulation for a clean, modern surface. The invention of the “denuded modern surface” reveals, counterintuitively, a layered engagement with and nostalgia for the “primitive skin” that “denuded modern surface” was supposed to repel and replace.
Housing Baker, Dressing Loos
Authors: Cheng Anne Anlin 
Published: November 2023

Abstract
This chapter focuses on the celebrated, though never built, house that Adolf Loos infamously designed for Josephine Baker. Instead of approaching Loos’s architectural design as an interpretation of Baker, as is often assumed, we will instead see Loos’s design through the lens of Baker’s own theatrical practice. Through a series of close readings focused on Baker’s films and photography, we begin to understand Baker herself as a practitioner and theoretician of what might be called an “evasive exhibitionism.” Understanding Baker’s own complex relationship to exhibitionism in turn helps us discern how her cinematic and photographic strategies not simply inspired Loos but applied tremendous pressure on Loos’s most cherished theoretical concepts, such as pure surface, the Raumplan, black-and-white geometry, and more. Only by reading Loos through Baker, rather than the other way around, can we begin to see how the play of “visibility” and “surface” so central to the birth of modern architectural theory, is indebted to a passionate but fraught fantasy about the skin of the other.
Who is Protected?
Authors: Nic Shuibhne Niamh 
Published: November 2023

Abstract
Chapter 3 explores the personal scope of Union citizenship to set out ‘who’ is protected by EU citizenship law. Article 20(1) TFEU establishes that ‘[e]very person holding the nationality of a Member State shall be a citizen of the Union’ and continues (since the Amsterdam Treaty) by characterising Union citizenship as an ‘additional’ status that does ‘not replace national citizenship’. From the perspective of EU law, Union citizenship is therefore a conferred status, meaning that it cannot be acquired through a direct citizen-to-Union process: to become a Union citizen, a person must either be or become a national of one of the Union’s Member States and, conversely, the loss of Member State nationality entails a corresponding loss of Union citizenship. It does not follow, however, that there is no role for EU law as regards the processes that Member States apply with respect to both acquiring and withdrawing nationality. To understand the reasons behind and parameters of that role, the legal implications of the constitutive link between Union citizenship and Member State nationality are examined in this chapter through two key questions. First, what is the role of EU law when Member States determine who may acquire or lose their nationality? Second, what are the consequences in EU citizenship law when a person holds more than one nationality, whether the nationalities of one Member State and a third country, or of two Member States?
Who is Protected?
Authors: Nic Shuibhne Niamh 
Published: November 2023

Abstract
Extending EU legal protection to the family members of Member State nationals, irrespective of the nationality of the former, has a long history in EU free movement law and one thing has not changed over time: the Treaty does not confer autonomous rights on third-country nationals and therefore any rights granted to third-county national family members must be derived from the Union citizen. Chapter 4 first sets out the principles that guide such protection before examining how ‘family members’ are defined—principally, through the provisions of Directive 2004/38. Following an overview of the relevant provisions of the Directive, different categories of protected family members, the nature of the rights that they enjoy, and the conditions to which these rights are subject are presented. It will be seen that significantly stronger protection is extended to core family members, as defined by EU law, compared to those in a Union citizen’s wider family orbit. Thematic questions that arise include the influence of the right to respect for family life, the relevance of a family member’s status under a Member State’s immigration rules, and the consequences of changed family circumstances. The requirement that certain family members must be ‘dependent’ on the Union citizen from whom they derive their rights is also discussed. In that sense, the dependency of minor Union citizens on their parents bridges to Chapter 5, which examines residence rights for third-country nationals in a dependent Union citizen’s home State.