bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Importance of Type III and Type IV Epistemic Errors for Improving Empirical Science
Authors: Tate Charlotte Ursula 
Published: April 2022

Abstract
Sciences that use the null hypothesis statistical test continue to contend with type I errors (false positives) and type II errors (false negatives). In addition to those errors, statisticians and researchers have identified type III and type IV errors, which focus a scientist’s attention on the larger logical and epistemic outcomes of statistical decision-making that accompany either rejecting or retaining the null hypothesis. Specifically, type III and IV errors interrogate the match between theory and measurement on one side and statistical procedures on the other side. Type III errors occur when scientists use the correct statistical procedures on the wrong theoretical organization or operationalization of variables (viz., theory misspecification). In contrast, type IV errors occur when scientists use the incorrect statistical procedures (viz., evaluation misspecification) on the correct theoretical organization or operationalization of variables. Examples are provided to illustrate each error, as are recommendations to minimize the occurrence of these errors.
Viral Science and the Tragedy of the Scientific Commons
Authors: Menon Tanya , Winship Christopher 
Published: April 2022

Abstract
In recent decades there has been an exponential increase in both the public appetite for information and the speed at which technologies can transmit it. These dynamics have motivated scientists and other content producers to accelerate their production cycles and convey their content in more rapidly digestible forms. We propose that, too often, scientists have participated in this process by transforming scientific research into highly simplified, emotional, and persuasive viral content. This transformation of research science into viral science for public and corporate consumption has led to the danger that science might degenerate into merely one more type of folklore replete with dubious causal relationships. We explore the dynamics of these changes through the specific example in social science of the extraordinary reach of implicit bias research in corporate settings and public discourse. We consider how the increasingly permeable boundary between academia and the public can threaten scientific authority and identify potential institutional responses to reclaim it. We propose a new Hutchins Commission as one possible approach to ameliorate these problems.
The Making of Meaning in the Sociology of Niklas Luhmann
Authors: Morgner Christian 
Published: April 2022

Abstract
This chapter outlines a different approach to the work of Niklas Luhmann, one that is critical of sociology’s tendency to reduce theoretical projects to single labels, but also to show that there is much to gain from engaging with a sociological project that provides a profound understanding of meaning-making. Recently the fields of cultural sociology, cultural history, and the arts and humanities have widely discussed meaning but have been largely unaware of the rich and conceptually advanced theory of meaning developed by Luhmann. Consequently, in this chapter an in-depth analysis of this term and its embedding in Luhmann’s sociology of knowledge and culture is presented in order to overcome simplistic accounts that reduce this sociological project to being concerned only with systems. Such a rephrased reading shall not only provide a guide to the reader when approaching the translated chapters by Luhmann but will also open up a new debate of the sociological theory presented by Luhmann.
Afterword
Authors: King Michael 
Published: April 2022

Abstract
This Afterword considers the disappointing reception of Luhmann’s ideas by Anglophone intellectuals and their failure to appreciate the originality of his vision or the breadth and depth of his scholarship. To do that, it uses the essays in this book as a starting point for an examination of the structural mismatch between Luhmann’s world and the world of institutionalized academic sociology in English-speaking countries. This is a focus on the institutions which accommodate sociology and its related disciplines to examine if there are any structural factors which could interfere with the compatibility of Luhmann’s theory and its acceptance by these institutions as a valid way of perceiving the world. The more fully the complexities and, in particular, the epistemological implications of Luhmann’s sociology reveal themselves, the less possible it becomes for institutionalized sociology to treat Luhmannian sociology as just another sociological theory, albeit a ‘grand theory.’ This is why the essays in this book are so important. The epistemological and semantic problems that they pose are so fundamental to the self-image of sociology as a discipline that they cannot be resolved simply by minor adjustments to existing theories or substituting one validation criterion for another. To continue to do so is to turn a deaf ear to Luhmann’s repeated plea for sociology to open its eyes to the deceptions inherent in its own self-image and for it to recognize that the social world that it claims to observe scientifically is a social world of its own creation.
An Apprentice and a Slave
Authors: Magliocca Gerard N. 
Published: April 2022

Abstract
Chapter 2 describes Bushrod’s two-year apprenticeship in Philadelphia studying law with James Wilson. The chapter also explores Bushrod’s initial relationship with George Washington, his friendship with Elizabeth Willing Powel, and his social and intellectual life in the national capital. Then the chapter describes West Ford, an enslaved person born at Bushfield who was almost certainly related to Bushrod (as either his half-brother, nephew, or son) and explores some aspects of Ford’s life.
An Imperfect War
Authors: Magliocca Gerard N. 
Published: April 2022

Abstract
Chapter 5 recounts Bushrod Washington’s appointment to the Supreme Court and George Washington’s death. Bushrod’s relationship with his uncle deepened after George retired from the presidency. After a short-lived campaign for a seat in Congress, Bushrod was named to the Court by President John Adams in 1798. The chapter then provides some basics about how the Supreme Court functioned and about the personalities of the other justices before turning to the two controversies that dominated Washington’s early years as a justice: the Sedition Act and the tensions between the United States and France that nearly led to war.
A Long Judicial Life
Authors: Magliocca Gerard N. 
Published: April 2022

Abstract
Chapter 12 is about Justice Washington’s final years on the Supreme Court. His most notable opinion in this era came in Ogden v. Saunders, in which he upheld the constitutionality of prospective state bankruptcy laws over the dissent of Chief Justice Marshall and Justice Story. Ogden provides a fine example of Washington’s judging method, and this chapter reviews his notes, his opinion, and his responses to the chief justice’s dissent. The chapter concludes with the justice’s death in 1829 and the tributes that followed.
Criminal Fraud and Election Disinformation
Authors: Horder Jeremy 
Published: April 2022

Abstract
Criminal Fraud and Election Disinformation is about the state’s approach to fraud and distortion of the truth in politics, especially during election campaigns. Deliberate mischaracterization of political opponents and their policies has always been a part of politics; however, lying, dishonesty, and distortion of the facts remain morally wrong and have the potential to obstruct important political interests. For example, a false or misleading claim publicized about an election candidate may lead someone to lose an election that they might otherwise have won. So, does—and should—the law seek to provide protection from the risk of this happening, by directly prohibiting the making of false or misleading political claims, or by obliging internet platforms to censor such content? In attempting to answer this question, Jeremy Horder draws a key distinction between what is called ‘political viewpoint’ fraud and ‘electoral participation’ fraud. In the interests of protecting freedom of speech, false or misleading claims (disinformation) involving political viewpoint content should be tolerated, not only by the criminal law but also by the internet platforms which host political content. By contrast, in the interests of preserving the integrity of democratic electoral processes, disinformation involving electoral participation information should be prohibited by the criminal law and censored by internet platforms. This book provides explanations of how the criminal law in various jurisdictions frequently prohibits false or misleading political claims falling into both categories of disinformation.
Personal Attacks and Political Disinformation in UK Law
Authors: Horder Jeremy 
Published: April 2022

Abstract
The main focus of Chapter 3 is what remains of criminal defamation, in spite of the abolition of the general offence of defamation. What remains can be called the ‘election defamation offence’, in section 106 of the Representation of the People Act 1983. This offence is committed when someone makes a false statement of fact about the personal conduct or character of an election candidate, with intent to affect the voting return of that candidate. The history of the section 106 offence is examined, and is linked with the late Victorian widening of the franchise, which led to more contested elections in which candidates could profit electorally by casting doubt—through false statements, if need be—on each other’s fitness for office. The continued existence of the offence is criticized, and contrasted with sounder justifications for the criminalization of hate speech and intimidation. Election candidates targeted by false claims should rely on private or public law remedies for such claims.
The Web of the World
Authors: Fiddes Paul S. 
Published: April 2022

AbstractThis chapter considers the way in which ‘co-inherence’ shapes Williams’ developing perspective on William Blake. The account draws on lecture notes, lectures, and published pieces. Especially significant is the lecture of March 1939, written when Williams was beginning to use the term ‘co-inherence’. Throughout his commentary on Blake, Williams consistently draws attention to the interrelatedness of living things in Blake’s poetry, culminating in the metaphor of a great ‘web’, expressing a wholeness of creation that can be built by the imagination: a ‘co-inherence’ that defeats ‘incoherence’. The necessity of forgiveness, which Williams flags up, takes on a fresh character in the light of co-inherence, since we enter the web of relations through an exchange of forgiveness. Linking imagination and forgiveness with co-inherence leads Williams to believe that Blake’s view of reason is not opposed to Wordsworth’s ‘feeling intellect’. Finally, the context of co-inherence enables Williams to reaffirm Blake’s visionary power.
The Boards of Appeal of Networked Services Agencies: Specialized Arbitrators of Transnational Regulatory Conflicts?
Authors: Tovo Carlo 
Published: April 2022

Abstract
This chapter deals with the Boards of Appeal (BoAs) of the EU Agency for the Cooperation of Energy Regulators (ACER) and the EU Agency for Railways (ERA). It shows that these bodies exercise, through a quasi-judicial procedure, a substantially exclusive competence to review the individual decisions adopted by these agencies. However, it also highlights that, when exercising this competence, these BoAs tend to mimic EU Courts, as to the scope and intensity of their review. The chapter maintains that this ‘judicialization’ deprives the appeal mechanism of much of its added value, without strengthening the effectiveness of the judicial protection offered to appellants. The chapter thus find that the appeal mechanism should remain a form of specialized administrative review, based on reasons of expediency and extended to the content of the contested decisions. This, together with their composition and their innovative arbitration competences, would also enable ACER and ERA BoAs to emerge as specialized ‘arbitrators’ of transnational regulatory conflicts between EU agencies and national regulatory authorities.
The Trailblazers: The Boards of Appeal of EUIPO and CPVO
Authors: Hanf Dominik 
Published: April 2022

Abstract
This chapter focuses on the Boards of Appeal of the European Union Intellectual Property Office (EUIPO) and of the Community Plant Variety Office (CPVO), which are historically the first Boards of Appeal (BoA) created by the European Union (EU). It details the task of the EUIPO and CPVO in the registration and cancellation of exclusive property rights of trade marks and designs and plant variety rights, respectively. It also looks at the legislative proposal for creating a European trade mark as a unitary intellectual property that is granted and cancelled by an independent European Economic Community (ECC) Trade Mark Office. The chapter highlights the rationale of the legislative proposal, which is to ensure an expedient and specialized review of the ECC’s decisions and save the Court of Justice from being overloaded by the expected high number of essentially ‘technical’ cases. It describes the appeal provisions of EUIPO and CPVO that considered as ‘legal transplants’, as they were inspired by those of the European Patent Convention of 1973.
Frontex: Great Powers but No Appeals
Authors: Stefan Marco , Hertog Leonhard den 
Published: April 2022

Abstract
This chapter explores the accountability challenges of Frontex, a supranational agency with operational character which exercises executive powers with far-reaching impacts on individuals. It investigates the administrative mechanisms and internal procedures through which responsibilities for alleged fundamental rights abuses are linked to decisions, actions, or inactions by the various EU and national authorities participating in Frontex operations. The chapter points out that Frontex has neither Board of Appeals (BoAs), nor anything that closely resembles it. Such state of affairs reflects the nature of EU cooperation in the area of external border management, which combines intergovernmental and supranational logics of allocation of operational responsibility, without a coherent and effective oversight and accountability system.
Rethinking the Position of the Boards of Appeal from a Comparative Perspective
Authors: Oosterhuis Sofie , Widdershoven Rob 
Published: April 2022

Abstract
This chapter highlights the legal nature of the Board of Appeal (BoA) of the European Union Intellectual Property Office (EUIPO). It talks about how the BoA remedy should be exhausted by individuals as a pre-condition for the admissibility of judicial review before the EU Courts and the General Court (GC), and in appeal before the Court of Justice (ECJ). It also mentions the hybrid nature of the BoAs as they combine features of an administrative procedure with features of a judicial procedure. The chapter cites Article 58a of the Statute of the Court of Justice of the European Union (CJEU), which limits the review of an appeal before the ECJ against a General Court judgment. It gives a comparative research on the two systems of pre-trial procedures in EU Member States and the UK, which are somewhat similar to the BoA mechanism.
State Capitalism
Authors: Som Lalita 
Published: April 2022

Abstract
The crises emanating from the Global Financial Crisis and the COVID-19 pandemic have underscored, the emergency role of the State and its smooth, seamless reactivation, for situations when private activity and markets are disrupted. In many countries, state-owned enterprises (SOEs) have been a crucial part in delivering on that effort as agents of the State. While SOEs are increasingly sought to play a role during emergency situations, evidence suggests that they misallocate capital and mismanage resources. This is indicative of the conflicts of interests in owning and regulating enterprises as well as between the commercial and non-commercial objectives of SOEs, crony capitalism, the private agenda of public officials, internal management of SOEs, the significant role played by state owned banks and financial institutions, and the conflicts that arise in the State’s primary role vs its ownership of enterprises. The eight country studies in this book provide answers to these key policy questions related to state capitalism. Generalizing from the results of multi-country studies to arrive at universally applicable predictions, prescriptions, and policy recommendations is inherently difficult. But the eight country studies highlight, from available research, the principal common characteristics of, and practices followed by, successful SOEs independently of country context. Among other conditions, the two most important conclusions that can be drawn from the country studies are that competition and regulation rather than ownership per se are key to efficiency.
A framework for understanding and evaluating SOE performance
Authors: Som Lalita 
Published: April 2022

Abstract
The chapter provides the conceptual framework that is used in this book for understanding and evaluating the nature, structure, influences, and incentives that impinge upon the operations of SOEs and their performance. In addition, it deals with the role of State-owned banks and financial institutions in the growth of State capitalism and at the contradictions in State-led capitalism in the face of the rise of the regulatory state and the inherent conflicts of interest, the link between State capitalism and crony capitalism, when interest groups approach the State to seek handouts, rents, and other privileges, the private agenda of public officials running and managing SOEs, how SOEs allocate resources and their impact on total factor productivity the challenges of internal management in SOEs, the effects of adopting of private sector practices for better SOE management, and how states fare in fulfilling their primary roles when they are responsible for running and managing large and many SOEs.
Country case study 3: India
Authors: Som Lalita 
Published: April 2022

Abstract
CPSEs have played an important role in the economy, despite most sectors being open to private players. SOEs have been a ‘captive tax base’ and have provided a regular stream of dividends to enhance public revenue. But, at times of financial hardship for GoI, SOEs are squeezed even harder for short-term fiscal convenience, and as a source of revenue to window-dress budgets. They have been forced to buy back government’s holdings or to buy equity in other SOEs, to bolster government finances. The State has used SOEs in many indirect ways to support its agenda. CPSEs especially have continued to expand and add capacity and their surprisingly healthy profits have provided a regular stream of revenues to the government. Yet CPSEs are not part to any coherent strategy to achieve higher rates of economic growth through greater efficiency, innovation, and competition, nor to make them globally competitive.
Conclusions from a review of SOEs in the country case studies
Authors: Som Lalita 
Published: April 2022

Abstract
Drawing from a sample of about 1 million firms in 109 countries, an IMF study found that SOEs are less productive than private firms by one-third, on average. Productivity of SOEs in countries with perceived lower corruption is more than three times higher than those in countries where corruption is severe. Still, the many examples of successful, profitable SOEs in several (but not all) of the eight countries studied provide significant hope of SOEs’ continued relevance and use. The financial and public health crises have highlighted the need for more state productive capacity, government procurement capabilities and symbiotic public–private collaborations. Further investment in state’s productive capacity in order for SOEs to play an effective role during economic crises will be dissipated, if it falls on weak and poorly managed structures in SOEs; if regulation follows a pecking order in which SOEs, and crony capitalist firms are protected the most, followed by domestic private firms, foreign firms, and SMEs; if politicians continue to undermine the functioning and independence of regulators; if there is pervasive corruption surrounding the relationship between an SOE and its contractors; if political connections serve as a substitute for missing or weak property rights; if state control of factor markets leads to rent seeking by both governments and enterprises; and if political interference disallows price adjustments of goods and services provided by SOEs. Countering that unfortunate impression, the stellar performance of SOEs in Singapore over a long period of time, of a few key SOEs in Saudi Arabia and India (the islands of excellence in a sea of mediocrity), and the dominant role that SOEs have played in propelling China to the top of the world league of nations cannot be set aside and completely overlooked dismissively. Most countries do not have the public ethos and absence of corruption that Singapore enjoys.
The General, the Particular, and the Art of the Commonplace
Authors: Yousef Nancy 
Published: April 2022

Abstract
The rejection of abstraction and generalization in Romantic aesthetics has a long afterlife in nineteenth-century culture. The emergence of particularity as a countervailing source of value is exemplified by a new and philosophically informed appreciation for the humble details depicted in Dutch painting, while an emphasis on the effects of blur and soft focus in early discussion of photography as an art form attests to the persistence of a contrary valuation of ideal types. These cultural debates form a network of conceptual and historical links connecting William Wordsworth, George Eliot, and Ludwig Wittgenstein. Wordsworth’s poetics of the everyday and Eliot’s realism do not straightforwardly valorize particularity, but instead deploy an unstable and generative dynamic between specificity, analogy, and generality. This dynamic is also at work in Wittgenstein’s notion of “family resemblance,” a labile range of similarities among individual instances that cannot be reduced to a single common element. The philosopher’s early formulations of “family resemblance” are revealingly bound up with nineteenth-century intellectual culture through the figure of Francis Galton, whose experiments in composite photography represent a unique convergence of scientific and aesthetic investment in abstraction. Intended as visualizations of statistically determined common traits, Galton’s composite portraits (including the “criminal,” the “scientist,” the “Jew”) were an object of fascination for Wittgenstein, who repeatedly adduced them as examples of errant method and yet also commissioned and held as a keepsake a composite portrait of himself and his siblings. As a form of analysis and of recollection, “family resemblance” emerges as an affectively charged approach to the imagination of the ordinary as a ground of aesthetic and epistemic value.