bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction
Authors: Giles Cynthia 
Published: October 2022

Abstract
Most environmental regulations contain two foundational compliance errors: the belief that compliance with environmental rules is generally very good, and the assumption that it is up to enforcement to make sure compliance is strong. Both are wrong, a reality that has a profound effect on pollution and how well regulations achieve their public health purpose. In fact, widespread violations are the norm, and rule design controls on-the-ground results. Enforcement can never close the big compliance gap created by a poorly designed rule. There are many ways regulations can build in strong implementation outcomes, once regulators accept that they have to make compliance the path of least resistance. The introduction to the book explains the Next Gen thesis and why it matters, and outlines the organization of the book, from evidence to solutions, with a particular emphasis on the must-do climate rules.
Getting in Our Own Way
Authors: Giles Cynthia 
Published: October 2022

Abstract
Rampant environmental noncompliance is harder to fix because of inaccurate compliance assumptions baked into EPA’s written policy and practice. EPA’s Action Development Process Guidance allows rule writers to ignore compliance holes until it is too late to fix them. EPA’s Economic Analysis Guidelines for conducting benefit-cost analysis encourage rule writers to assume 100 percent compliance as if it happens by magic. These seemingly arcane agency policies and practices are almost never discussed in the fierce policy debates about EPA rules, although they have a powerful, and sometimes determinative, impact on the ultimate effectiveness of EPA rules. The chapter explores HFC phasedown, lead paint, and lead in drinking water rules as illustrations. And it references violations in programs run by FDA, IRS, HHS and FAA as evidence that pervasive violations aren’t just an EPA problem. This chapter explains how internal guidance goes awry, and what needs to change to turn it around.
Don’t Double Down on Past Mistakes with Low-Carbon Fuels
Authors: Giles Cynthia 
Published: October 2022

Abstract
The promise of renewable fuels is compelling: portable energy-dense fuels without the carbon. The actuality isn’t as good. This chapter explains the extensive carbon impacts that current strategies in the Renewable Fuel Standard (RFS) overlook and why enforcement isn’t a solution. Carbon released from soils because of RFS-induced indirect land-use change turn out to be the Achilles heel of conventional biofuels like corn ethanol. The creative aggregate compliance strategy of RFS hasn’t had the intended protective effect, and there has been a stunning amount of fraud for biodiesel. As the search for alternatives to fossil fuels ramps up, regulators should not repeat past mistakes: renewable fuels require a much higher bar and should only be used when there is no alternative. And, like all environmental markets, biofuels require tight design to prevent widespread fraud that undercuts the carbon-reduction goal.
Environmental Enforcement in the Next Gen Era
Authors: Giles Cynthia 
Published: October 2022

Abstract
Tough enforcement—both civil and criminal—will always be essential to environmental protection. Next Gen doesn’t change that. By insisting that regulations force stronger compliance out of the gate, Next Gen allows enforcers to do what they do best: focus on new and unanticipated problems, emergencies, and the worst violators, including environmental criminals. It allows enforcers to be far more strategic, taking on the sectors causing disproportionate harm and elevating the urgency of environmental justice. Enforcement can also show environmental regulators how to make the most of new monitoring and analytic tools and explore creative solutions in both regulations and enforcement cases. Freed from the impossible burden of plugging gaping compliance holes created by bad rule design, enforcers can instead be leaders in the push for regulatory innovation and protecting the most vulnerable. This chapter describes the critical role of revitalized enforcement in the Next Gen era.
On Trauma, Trauma Narratives, and Social Movements
Authors: Eyerman Ron 
Published: October 2022

Abstract
The theory of cultural trauma and the significance of trauma narratives are explained. Social theories of trauma are distinguished from individual-oriented psychological theories. Cultural is a non-pathological social theory of trauma that focuses on the construction of collective identity following incidents of mass suffering. Trauma is conceptualized as part of a discursive process, where individual suffering is given collective meaning through competing narrative accounts of what happened, who is responsible, and what is to be done.
Representing and Organizing Whiteness
Authors: Eyerman Ron 
Published: October 2022

Abstract
This chapter maps the evolution of the ideology of white supremacy as embedded in the tragic narrative of the Lost Cause in the post–Civil War. It reveals how carrier groups such as the KKK and more formal political organizations articulated and transmitted the narrative over generations. Insights from social movement studies are called upon in the analysis. This process of transmission was also carried through popular cultural forms, novels, and the graphic arts.
Introduction
Authors: Kekes John 
Published: October 2022

Abstract
This book is a defense of the American constitutional democracy against attacks on it by extremists on the left and the right. Each chapter defends one of the primary political values of the rule of law, justice, legal and political equality, liberty, and property, and guards against the extremists’ misunderstanding of them. It is a warning against the destructive consequences of the politicization of life by extremists both on the left and the right. It calls for moderation, civility, the respectful understanding of opposing political views, and the balance of the primary political values by which we live. The protection of our political system depends on flexibility and the willingness to change if conditions warrant it. The book is about contemporary politics. It is not a historical study of conservatism.
From Simplicities to Complexities
Authors: Kekes John 
Published: October 2022

Abstract
This chapter is about the assumptions we hold and the complexities of life to which we have to respond. The simple assumptions are about the nature of conventional lives, shared modes of evaluation, and common decencies that make it possible to live that way. The assumptions are called into question by the complex situations we face. The complexities are caused by the contingencies of life, conflicting modes of evaluations, and by uncertainties and ambivalence about finding reasonable ways of resolving conflicts between evaluations. These are unavoidable perennial problems we face and to which we must find reasonable ways of responding. The distinctive feature of moderate conservatism is the insistence that these problems are practical, context-dependent, particular, and that there is no reasonable theoretical, context-independent, and general response to them. Moderate conservatives reject the view of many political thinkers that the solution of these problems depends on a political theory that is universal, context-independent, and theoretical. This conflict between practical and theoretical response to complex situations runs through the book.
Perennial Problems
Authors: Kekes John 
Published: October 2022

Abstract
This chapter is about ineliminable perennial problems of human lives and societies. They are unpredictable contingencies caused by changing natural conditions that are beyond human control. Conflicts between political, moral, religious, scientific, prudential, and other evaluations of the available possibilities. And compromises that we all have to make because contingencies and conflicts make it impossible to have all that we reasonably value. The source of perennial problems is not failures of reason or foresight, but the indifference of natural conditions to human well-being. All approaches to politics must recognize and find ways of coping with perennial problems. Moderate conservatives accept that. Political theorists who think that there is an overriding political good reject it. This is one of the main differences between moderate conservative and many other political approaches to perennial problems.
Liberty
Authors: Kekes John 
Published: October 2022

Abstract
Moderate conservatives think that liberty is one of the primary political values. The difficult question is what its limits should be. Defenders of liberty who give priority to it over other political values claim that it is a condition of the pursuit of all values. The problem is that the same claim holds also for the other primary political values. Liberty can be pursued only if the rule of law, justice, equality, and property are protected. Their protection requires limiting both negative liberty, the absence of coercion, and positive liberty, the autonomous pursuit of individual aims. Liberty must be limited because it can be misused. Extremists who regard liberty as the primary political value are guided by secular faith in the basic human motivation to follow reason and morality. Moderate conservatives think that the secular faith is mistaken. As the sad history of humanity makes obvious, human motivation is basically complex, ambivalent, and mixed. Depending on the context, conditions, and available alternatives, human beings sometimes follow reason and morality, and sometimes they act unreasonably and immorally. Moderate conservatives are realistic about human motivation. Defenders of liberty as the primary political value are misled by an optimistic illusion about human motivation.
Private Property
Authors: Kekes John 
Published: October 2022

Abstract
According to moderate conservatives, private property is a primary political value. It provides the resources we all need to stay alive and pursue however we want to live. The justification of private property is controversial. Attempted justifications are based on self-interest, entitlement, and utility. Each recognizes an important component of the justification holding private property, but each in itself is too simple. Each is based on a principle, theory, or an ideal, but each has been reasonably contested by critics. Moderate conservatives propose a new justification of private property. It accepts the relevance of self-interest, entitlement, and utility, but regards each as necessary but not sufficient for its justification. The complex justification proposed by moderate conservatives relies on the conventional terms of cooperation that have passed the test of time in the history of the American political system. This justification is context-dependent, conditional, and recognizes that terms of cooperation slowly change and must be flexible.
Liberalism Ascendant
Authors: Boyer John W. 
Published: October 2022

Abstract
This chapter describes the first twelve years of the new German-speaking Liberal political system and parliamentary institutions that were put in place in 1867. It includes a detailed discussion of political leadership of the Liberal Cabinet (Bürgerministerium) and their major policy initiatives from 1868 to 1871. It also presents an account of the Hohenwart Interlude of 1870‒1, during which the Emperor was asked to sanction concessions to the Czechs, both by enlarging the purview of the Crownland diets of Bohemia and Moravia and the authority of regional administration, including allowing the diets to modify or change state-level legislation as applied to the special conditions of each province. Given that Hohenwart’s strategy failed and the Czech boycott of parliament continued, the Liberals regained power in 1872, ruling the Austrian state until the international crisis involving Bosnia-Herzegovina in 1879. The chapter includes a detailed discussion of the crash of 1873 and corruption in the state railway system in the 1870s as a case study of how Liberal economic theories impacted the development of major new corporate institutions and of the intimate connections between the Austrian civil service and private commerce and industry in which the regulators and the regulated had intimate and often mutually beneficial ties.
Horizontality: Presuppositions and Functions
Authors: Weinrib Ernest J. 
Published: October 2022

Abstract
This chapter examines the presuppositions and functions of the horizontal application of constitutional rights to private law. Inaugurated in Germany in the famous Lüth case and subsequently elaborated in the constitutional jurisprudence of Germany and other jurisdictions, horizontality (Drittwirkung) is the most far-reaching international development in private law since the end of the Second World War. The chapter avoids the standard taxonomy of the direct and indirect application of constitutional rights, focusing instead on what horizontality presupposes and on the different functions that horizontality might serve. Drawing on Hans Carl Nipperdey’s path-breaking exposition, the chapter notes that horizontality presupposes the commonality of rights, and the juridical unity of the entire legal order. The chapter then elaborates, in order of their increasing robustness, the three different functions that might be ascribed to horizontality: to render legal norms more determinate, to shape the incremental development of private law, and to give expression within private law to the equal human dignity of the interacting parties. Throughout the chapter the most salient illustrations are cases on privacy from Canada, the United Kingdom, and Germany.
Horizontality: Scope and Operation
Authors: Weinrib Ernest J. 
Published: October 2022

Abstract
Continuing with the treatment of horizontality from the previous chapter, this chapter discusses two issues regarding the workings of horizontality in its most robust version. The first issue is that of scope, that is, the conceptual boundaries beyond which constitutional rights cannot be applicable to private law. The second issue is that of operation, that is, the process of balancing the rights invoked by the two parties. Because horizontality combines private law and constitutional law, the scope of horizontality becomes visible at the seam between these two varieties of legal ordering. One such circumstance is when the constitutional right is incompatible with the structure of the private law relationship, as when the constitution specifies socio-economic rights that are distributive in nature. The chapter discusses this possibility in the context of the South African case on the right to a primary education, Juma Masjid. A second such circumstance is when the supposed exercise of the constitutional right does not fulfill its constitutional purpose or negates the rights of others. Examples are the German cases of Blankfüer and the Sprayer of Zurich, as well as the facts of the US case of Snyder v Phelps. The balancing that characterizes horizontality’s operation is best understood as a form of proportionality that aims at a practical concordance, in which the operation of each contending right is adjusted because of the presence of the other. In this context, balancing so understood differs from public law’s use of proportionality to justify the infringement of constitutional rights.
Practice Studies
Authors: Rouleau Linda 
Published: October 2022

AbstractPractice studies have gained momentum in organization theories (OTs) over the past two decades. They bring us back to where it all began; that is, managerial work and managerial activities. Practice studies aim at achieving a better understanding of how organizational members—managers and non-managers alike—accomplish their work through multiple micro- and macro-level activities. A practice perspective calls on OTs scholars to consider organizing as a craft activity in which mind, body, and materiality engage in a complex synthesis. This chapter offers a selective immersion in the world of practice studies in OTs by targeting research streams based on different views of practice: practice as managerial work, practice as social accomplishment, practice as (socio)materiality, and practice as embodiment. The polysemic nature of the practice notion and its implications for advancing our knowledge of what people in organizations do and accomplish are discussed.
The Agreement
Authors: Rowan Solène 
Published: October 2022

Abstract
This chapter discusses the reforms in the new Civil Code’s section of contractual negotiation and formation. Negotiations often precede the formation of a contract, especially substantial commercial contracts. In France, the freedom to collaborate on a contract is primarily limited by the principle of good faith since it sets the standards on how the parties would conduct themselves during negotiation. Moreover, the Civil Code imposes the general responsibility to provide information on negotiating parties. On the other hand, the chapter distinguishes the difference between offers, invitations, and withdrawals of offers and acceptance. It also compares the process of negotiating contracts between France and England.
Unfair Terms and the Rebalancing of Contracts
Authors: Rowan Solène 
Published: October 2022

Abstract
This chapter focuses on unfair terms and the rebalancing of contracts. While some contracts can end due to procedural unfairness, substantive fairness is mostly regarded by the parties than the courts. However, courts could still interfere under the name of substantive fairness. Civil Code's Article 1168 covers the new articles regulating the equilibrium of the contract as the validity correlates to consent, capacity, and content. Thus, parties are free to determine their respective bargains’ substantive content and economic balance. On the other hand, articles 1169, 1170, and 1171 introduced new exceptions to article 1168 through its Civil Code reforms to preserve the interests of the alleged weakest party.
The Political Elements of Silence
Authors: Freeden Michael 
Published: October 2022

AbstractThe study of concealed silences is predicated on an expansive view of the political developed in my book The Political Theory of Political Thinking. The features of political thinking differ among cultures and periods, yet share omnipresent characteristics in all walks of life and interaction: (1) having the last say in decision making for collectivities; (2) distributing ideological and ethical importance through prioritizing specified social arrangements above others; (3) mobilizing or withholding public support for communal and group discourses and activities; (4) articulating and implementing cooperative or conflictual measures in managing social interaction; (5) constructing and projecting collective future-oriented plans and visions; (6) exercising power and influence by employing persuasion, rhetoric, emotion, and menace as well as through operating cover-ups. Each of those involve silences that: (1) underline conclusivity and endorse boundaries or compliance; (2) eliminate challenges to the prominence of political actors, or veil their shortcomings; (3) filter the consent, acquiescence, or dissent on which political agents, institutions, and ideologies depend; (4) smoothen or dislocate the socio-political order by affecting stability or conflict through supplying uncontested continuity or introducing rupture; (5) manage the political construction of time necessary to aid or resist political identities and futures, including the reconstruction of collective memory; (6) intensify or quash the impact of ideas, arguments, and events by modulating their circulation, reception, and transformation. The emphasis is not on the ethical propriety of silences or their function in democratic traditions, but on their empirical centrality in analysing political thought.
Absence, Lack, and Removal
Authors: Freeden Michael 
Published: October 2022

AbstractSilence is thought of both as an absence (whether desirable or deplorable) and as a lack (indicating a potentially retrievable deficiency). Each dialectically points to its opposite: a presence in the first case, and a sufficiency or an abundance in the second. Absence relates to concepts such as void and nothingness, and is associated with a non-specific invisible and inaudible state. It may be wordlessly sensed or intuited. Identifying putative absences depends on the epistemologies at the disposal of the student of silences. Lack calls attention to a particular incompleteness that can be named. It entails the political unfolding of a process and possesses a teleological undertow. Silence as absence has a different order of inaudibility. As a form of elimination it is itself patently political. Lacanian radical lack has its own peculiarities. It too is non-specific, pertaining to an underlying Real that cannot be articulated or communicated, and for which inadequate terms of language must be substituted. The defective symbolic representation of the Real stands in for an ineluctable lack, a perpetually inexpressible voice. Removal relates to the erasure, loss, or entombment of what had previously existed and was perceptible—often hiding the act of concealment itself, most commonly found in the palimpsests of changing historical narratives.
The Dog that Did Not Bark: Listening for Silence
Authors: Freeden Michael 
Published: October 2022

AbstractThis chapter focuses on how concealed silences can be accessed, if at all. Concealed silences elude both participants and observers, being not only physically soundless but conceptually ‘inaudible’. They necessitate a switch from listening to silence to listening for silence, in order to detect profoundly non-agentic silences. That requires imaginative deduction and exogenous social epistemologies through which to employ cultural detective work or ideological decoding, achievable only when assumed absences and lacks are replaced with a missing piece of hitherto obscured evidence. Various theories that account for them—Lyotard’s differend, the study of negativity in literature—are mooted. Some profound silences remain deeply unconceptualizable to certain groups or cultures where persistent questioning is not at a premium. The scholarly study of silences is prone to its own concealments. Immutable dichotomies erode scalar distinctions. Subscribing to unpatterned ruptures underplays subtle continuities. Disciplinary suspicion of other methodologies results in turning a deaf ear to significant findings that can illuminate silences.