bluuebunny/crossref_metadata_2025_split huggingface dataset:
Utilitarianism: Commerce and the Good Society
Authors: Congleton Roger D. 
Published: October 2022

AbstractChapter 12 reviews the contributions of Jeremy Bentham, J. S. Mill, Spencer, and Pigou. All are interested in rules that tend to advance general interests, where general interests are defined to be ones that increase the sum of human happiness in the territories of interest. The first three utilitarians are very broadly supportive of commerce. Market transactions tend to make all parties better off, because there are mutual gains from exchange. Similarly, product and production innovations tend to benefit more persons than they harm and thereby also increase aggregate utility. Spencer suggests that ethics, communities, and humanity coevolve. Pigou suggests that although market transactions are generally consistent with increasing human welfare, there are many reforms can potentially increase welfare (aggregate utility).
The Arguments Revisited and Summarized
Authors: Congleton Roger D. 
Published: October 2022

AbstractThe concluding chapter revisits the main line of argument and provides some additional evidence in support of its explanation of the great acceleration. The main theme of the book is that internalized rules of conduct that are often classified as ethical dispositions or virtues are often the most plausible solutions to the many social dilemmas associated with life in communities, transactions in markets, and political systems that would otherwise block human progress. Such rules have both genetic and social evolutionary support, which explains both why internalizations are possible and why the rules internalized tend to improve through time. Humanity’s great escape from the Malthusian trap began in the seventeenth century in Western Europe and accelerated in the nineteenth. It is associated with changes in ethical dispositions that tended to support more rapid commercial development. In addition to reviewing the main line of argument developed in this text, two appendices are also included. The first discusses the book’s place in the contemporary literature. The second provides a short history of the writing of the book and thanks to colleagues, friends, and students for helpful comments and suggestions.
What We Know and Don’t Know about Climate Change
Authors: Pindyck Robert S. 
Published: October 2022

AbstractThere is a lot we know about climate change, but there is also a lot we don’t know. Even if we knew how much CO2 will be emitted over the coming decades, we wouldn’t know how much temperatures will rise as a result. And even if we could predict the extent of warming that will occur, we can say very little about its impact on the economy and on society more generally. The chapter explains that we face considerable uncertainty over climate change and its impact, and why there is so much uncertainty. The chapter also explains that the uncertainty we face (particularly the possibility of a catastrophic climate outcome) does not mean that we should do nothing now to reduce emissions. On the contrary, it creates insurance value that can lead to early action.
The Role of Uncertainty in Climate Policy
Authors: Pindyck Robert S. 
Published: October 2022

AbstractThis chapter explains the policy implications of climate change uncertainty. First, the uncertainty (particularly over the possibility of a catastrophic climate outcome) creates insurance value, which pushes us to earlier and stronger actions to reduce CO2 emissions. Second, uncertainty interacts with two kinds of irreversibilities: CO2 remains in the atmosphere for centuries, making the environmental damage from CO2 emissions irreversible, pushing us to earlier and stronger actions. But reducing CO2 emissions requires sunk costs, that is, irreversible expenditures on such things as wind turbines, solar panels, electric cars, and charging stations. This pushes us away from earlier actions. Both irreversibilities are inherent in climate policy. The net effect is ambiguous, but there is evidence that environmental irreversibility dominates. This, together with insurance value, means that climate change uncertainty should lead us to earlier action.
What to Do: Adaptation
Authors: Pindyck Robert S. 
Published: October 2022

AbstractThis book has argued that reducing emissions is critical but not sufficient, so the question is what do to beyond reducing emissions. That brings us to the role of adaptation, the subject of Chapter 7. The chapter reviews different forms of private and public adaptation, and discusses several examples in detail. The chapter explains how agriculture, which is| highly vulnerable to extremes in temperature and rainfall, has already been adapted to climate change, and is likely to see further adaptation. The chapter also discusses the potential for adaptation to rising sea levels and more frequent and powerful hurricanes. And then the chapter turns to what may be the most important—and most controversial—form of adaptation, which is geoengineering.
The Rise and Decline of a Liberal International Order
Authors: Steinberg Richard H. 
Published: October 2022

Abstract
The international order favored by Western powers since the Second World War has been primarily rules-based, organized around the principles of open markets, liberal democracy, and human rights, and defended by a web of military alliances and security guarantees—but it has not been static in form, depth, or geographic breadth. It has evolved as postwar geopolitical structure has shifted. During the Cold War, embedded liberalism characterized an international order limited largely to the West. In the unipolar moment at the end of the Cold War, the rules-based order globalized and became hyperliberal. In today’s multipolar world, the global liberal order is in decline: power has dispersed, revisionist states disfavor liberalism, and Western governments face political blowback from the distributive consequences of the freer movement of goods, services, and people that was a product of hyperliberalism. While reviving the global liberal order of the recent past is impossible, it would be possible to reconstitute a fundamentally liberal rules-based order, subject to an updated social contract, covering much of the world.
Cyber Conflict and the Thresholds of War
Authors: Kilovaty Ido 
Published: October 2022

Abstract
Cyberspace has revolutionized the way in which states engage in conflict with one another. While it is widely accepted that international law applies to cyberspace, there remains the question of whether cyberspace is truly novel and distinctive in its effects to the extent that our existing legal thresholds for war have become outdated. This chapter defines the “thresholds of war” as use of force, armed attack, and armed conflict. Through an analysis of the novelty of cyber conflict, this chapter seeks to make two contributions. First, to demonstrate that cyber conflict can be understood not only through its kinetic consequences but also through a variety of mass-scale and devastating effects that lie below the thresholds of war as articulated through the decades. Second, that these thresholds of war are outdated and in need of recalibration to properly capture actions that are legitimate and illegitimate in cyberspace. This chapter argues that the current international legal order is in danger of creating a lawless cyberspace, where states engage in offensive cyberspace behavior based on an assumption that any effects below the thresholds of war are permissible. Redrawing the line between the permissible and impermissible in cyberspace is of utmost importance to tackle this concern.
Introduction to Public Law and Economics
Authors: Cooter Robert D. , Gilbert Michael D. 
Published: October 2022

Abstract
This chapter presents a brief introduction to law and economics and its intellectual history, and then it describes three modes of analysis: positive, normative, and interpretive. Much law-and-economics scholarship emphasizes the first two modes, but this book emphasizes the third, which is new to many economists and of paramount interest to lawyers. Next, the chapter explains the organization of the book. Every public law grows from six fundamental processes of government: bargaining, voting, entrenching, delegating, adjudicating, and enforcing. The chapter describes these processes and explains their centrality to public law. It concludes with a road map. The book devotes two chapters to each process mentioned here, with the first chapter in each pair presenting economic theory divided into three parts: positive, normative, and interpretive. The second chapter in each pair applies the theory to topics in public law.
Theory of Bargaining
Authors: Cooter Robert D. , Gilbert Michael D. 
Published: October 2022

Abstract
This chapter presents the economic theory of bargaining. It begins with the positive theory, explaining concepts like efficiency and distribution. It develops the Private Coase Theorem, which is familiar from private law, and the Public Coase Theorem, which applies to actors like legislators, administrators, and judges. Turning to normative theory, the chapter explains when bargaining by public law actors is likely to benefit or harm the public. In the interpretive analysis, the chapter applies economics to questions about the “intentions” of lawmakers. The chapter addresses topics such as vote trading, minority rights, public goods, and the use of legislative history by judges.
Theory of Entrenchment
Authors: Cooter Robert D. , Gilbert Michael D. 
Published: October 2022

Abstract
This chapter presents the economic theory of entrenchment. Many laws are “entrenched,” meaning they are especially difficult to change. The chapter shows how entrenchment creates an “equilibrium set” within which law remains fixed. Next, it explores the conditions under which entrenched law can change and how small or large such changes are likely to be. The chapter studies various forms of entrenchment, including supermajority rules, bicameralism, and presentment. Turning to normative analysis, the chapter reviews the conventional justifications for entrenchment, which involve minority rights and stability, and relates them to the economic concepts of efficiency and social welfare. The chapter concludes with interpretive analysis, relating the economic theory of entrenchment to precedent and the doctrine of stare decisis.
Theory of Delegation
Authors: Cooter Robert D. , Gilbert Michael D. 
Published: October 2022

Abstract
This chapter presents the economic theory of delegation. The delegation of power—from the President to administrators, from citizens to legislators, and so on—is central to public law. This chapter begins with the positive theory of delegation. It analyzes the trade-offs principals face when deciding whether to delegate authority, and it considers whether principals should guide their agents using “rules” or “standards.” Turning to normative theory, the chapter studies the conditions under which delegation benefits principals, agents, and the general public. Finally, the chapter addresses interpretation by courts. Lawyers and judges routinely ask whether a statute grants an agency the power to take a particular action. The chapter develops the “delegation canon” to help answer that question.
Next Generation Compliance
Authors: Giles Cynthia 
Published: October 2022

Abstract
Nearly everyone accepts as gospel two assumptions: compliance with environmental rules is good, and enforcement is responsible for making compliance happen. Both are wrong. In fact, serious violations of environmental regulations are widespread, and by far the most important driver of compliance results is not enforcement but the structure of the rule itself. In Next Generation Compliance: Environmental Regulation for the Modern Era, Cynthia Giles shows that well-designed regulations deploying creative strategies to make compliance the default can achieve excellent implementation outcomes. Poorly designed rules that create many opportunities to evade, obfuscate, or ignore will have dismal performance that no amount of enforcement will ever fix. Rampant violations have real consequences: unhealthy air, polluted water, contaminated drinking water, exposure to dangerous chemicals, and unrestrained climate-forcing pollution. They also land hardest on already overburdened communities—that’s why Next Gen and environmental justice are tightly linked. The good news is there are tools to build much better compliance into regulations, including many tested strategies that can be the building blocks of programs that withstand the inevitable pressures of real life. Next Generation Compliance shows how regulators can avoid the compliance calamities that plague far too many environmental rules today, a lesson that is particularly urgent for regulations tackling climate change. It has an optimistic message: there are ways to ensure reliable results, if regulators jettison incorrect assumptions and design rules that are resilient to the mess and complexity of the real world.
Noncompliance with Environmental Rules Is Worse Than You Think
Authors: Giles Cynthia 
Published: October 2022

Abstract
This chapter presents the most complete accounting anywhere of compliance with the nation’s environmental laws, which shows that serious violations are widespread. It describes the poor record in industries where the compliance picture is fairly complete, like point sources of water pollution (NPDES), air-polluting sectors like coal-fired power, petroleum refining, and cement manufacturing, and hazardous waste creators like mineral processors. It explores the many sectors in which the compliance picture is spotty, but indications of major problems are everywhere, including oil and gas wells, animal agriculture, hazardous waste generators, storm water, and pesticide protections for farmworkers. And it looks at two instances where the official compliance data is wrong: drinking water and stationary sources of air pollution. This chapter proves that pervasive serious violations aren’t unusual; they are the norm. That’s why a new approach is needed, which is the subject of the rest of the book.
Rules about Rules
Authors: Giles Cynthia 
Published: October 2022

Abstract
This chapter is a very brief introduction to the laws and practice that govern writing of regulations: the rules about rules. It is a basic outline of the authority under which agencies write rules, and what standards govern how they do it. Some of those are set by Congress in laws, some are directives from the president or from courts, and some are practices that the agencies themselves adopt. The purpose of this chapter’s brief overview is to provide context about the constraints agencies face in writing regulations. The good news is that nothing in the rules about rules necessarily blocks the innovation argued for in this book: every rule can include Next Gen strategies, although some will have more latitude than others.
Innovative Strategies Are the Only Way to Cut Methane from Oil and Gas
Authors: Giles Cynthia 
Published: October 2022

Abstract
Oil and gas companies know how to slash methane from oil and gas production. They just aren’t doing it. Leaks, venting, and flaring all contribute to large and growing methane emissions, with their many-times-carbon climate impacts. Super-emitters contribute a wildly disproportionate share of the methane and are tough to spot because they are intermittent and unpredictable, and only visible with specialized equipment. While we wait for at-scale deployment of new methane monitoring strategies, innovation is a necessity to bolster reliable implementation of new standards. Incentivizing more continuous monitoring, burden-shifting, and crowdsourcing compliance scrutiny are among the many creative tools regulators can deploy. This chapter recommends an array of Next Gen compliance-driving strategies, including some that block oil and gas companies from dumping compliance responsibilities for abandoned wells on the taxpayer.
Updating Federalism
Authors: Giles Cynthia 
Published: October 2022

Abstract
The dynamic tension of cooperative federalism—federal laws set the floor, states implement considering local circumstances—has fueled many environmental advances since it started in the 1970s but is not working for us now, to the detriment of compliance. States have a chokehold on environmental compliance information, obscuring violations, reducing protection, and preventing regulators from understanding how well environmental laws are working. At the same time, federal oversight resists states’ vital role as innovators and laboratories for new approaches. Next Gen strategies, like requiring regulated industries to report electronically to data systems shared by states and feds, can help us shift away from increasingly polarized disputes and toward innovation and mutual problem-solving. This chapter outlines how an updated federalism can strengthen protection while avoiding the ideological wars that interfere with the common goal of better public health.
White Consciousness from Colonization to the Civil War
Authors: Eyerman Ron 
Published: October 2022

Abstract
The chapter traces the making of white identity from the colonial period to the Civil War. While it is present, trauma narrative plays only a marginal role in early American history, as settlers struggle to survive in a hostile environment. As a basis for collective identification and collective action, whiteness is more of a thin form, more a potential than an actual collective consciousness, while thick individual and group identification centers on religion, region, and country of origin. It was the Civil War that fully activated white consciousness and in its aftermath, the myth of a Lost Cause articulated a mythical form that could be materialized and transmitted in various forms over generations.
Racializing the Nation
Authors: Eyerman Ron 
Published: October 2022

Abstract
This chapter traces how the tragic narrative of white identity became a resource for collective mobilization in the decades following the Civil War and upto the present. An emergent theme here was the idea of the United States as a “white nation.” In the westward expansion, the tragic narrative combined with a triumphant narrative of conquest. Bolstering this process was a supportive and ever-developing popular culture, where literature, theater, film, and music served as banal carriers of white superiority and a color-coded “racial” hierarchy.
White Consciousness in the Digital Age
Authors: Eyerman Ron 
Published: October 2022

Abstract
This chapter traces the development of new means of mass communication in transmitting the ideology of white supremacy. This occurs in a context of political turmoil, where the civil rights movement and the war in Vietnam have mobilized the populace and the public sphere. White identity-based subcultures form and grow, as carriers of thick white identification, aided by new digital forms of mass media. This new means of communication adds another dimension to the articulation and distribution of the ideology of white supremacy, creating a scene where participation and recruitment can operate in a more anonymous fashion.
Austria 1867–1955
Authors: Boyer John W. 
Published: October 2022

Abstract
This book connects the political history of German-speaking provinces of the Habsburg Empire before 1914 (Vienna and the Alpine Lands) with the history of the Austrian Republic that emerged in 1918. It presents the case of modern Austria as a fascinating example of democratic nation-building. The construction of an Austrian political nation began in 1867 under Habsburg Imperial auspices, with the German-speaking bourgeois Liberals defining the concept of a political people (Volk) and giving that Volk a constitution and a liberal legal and parliamentary order to protect their rights against the Crown. The decades that followed saw the administrative and judicial institutions of the Liberal state solidified, but in the 1880s and 1890s the membership of the Volk exploded to include new social and economic strata from the lower bourgeoisie and the working classes. The war crisis of 1914/1918 exploded the Empire and also accelerated the emergence of new structures of democratic self-governance in the Austrian lands, enshrined in the republican Constitution of 1920. The catastrophe of 1938 resulting in the Nazi occupation closed off the temptation to view Austria as having a vague attachment to a larger German nation. After 1945 the surviving legatees of the Revolution of 1918 reassembled under the four-power Allied occupation. They then fashioned a shared political culture which proved sufficiently flexible to accommodate intense partisanship, but a partisanship in which each side claimed resources within the given democratic legal order, rather than seeking to dominate the general political system solely for their own purposes.
The Genesis of the New French Law of Contract
Authors: Rowan Solène 
Published: October 2022

Abstract
This chapter introduces the new French law of contract. It highlights how the French Civil Code remained to be the principal private law legislative instrument in France as of today despite being revised to keep up with the changing time. Prior to the reforms, the Code on contract law remained unchanged and was only progressively interpreted differently. The chapter also acknowledges the realisation that the Civil Code’s international influence and appeal to international business had been falling. Moreover, the drafters addressed the 2016 reforms on contractual liability and compensatory, and agreed damages. The chapter then clarifies that the analysis is limited to the original articles in the 1804 Civil Code.
The Place of Contract Law in the Law of Obligations and the Sources of Contract Law
Authors: Rowan Solène 
Published: October 2022

Abstract
This chapter notes the key principles of contract law. In France, contract law forms are included as part of the law of obligation. Juridical acts mostly focus on contractual obligations, while juridical facts are the source of extra-contractual obligations and quasi-contracts. On the other hand, the no-option rule avoids undermining either extra-contractual liability or the allocations of contract risks. Codified legislation, decided cases, and legal writings are also noted as the primary and most influential sources in the development of French contract law. The chapter also tackles how the Catala proposals and Terré project served as foundations for the later development of the Civil Code.