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Published: 9 March 2023
Last updated: 10 March 2023

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1

Board, United States Merit Systems Protection. Questions & answers about appeals. Washington, DC: The Board, 1999.

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United States. Merit Systems Protection Board. Questions & answers about appeals. Washington, DC: The Board, 1999.

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Board, United States Merit Systems Protection. Questions & answers about whistleblower appeals: United States Merit Systems Protection Board. Washington, DC: The Board, 1999.

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United States. Merit Systems Protection Board. Questions & answers about whistleblower appeals: United States Merit Systems Protection Board. Washington, DC: The Board, 1999.

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United States. Merit Systems Protection Board. Questions & answers about whistleblower appeals: United States Merit Systems Protection Board. Washington, DC: The Board, 1999.

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6

United States. Merit Systems Protection Board., ed. United States Merit Systems Protection Board, Questions & Answers About Appeals, September 1997. [S.l: s.n., 1997.

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7

R, Figueroa Jose, and Administrative Conference of the United States. Office of the Chairman., eds. Expediting settlement of employee grievances in the federal sector: An evaluation of the MSPB's appeals arbitration procedure. Washington, D.C: Office of the Chairman, Administrative Conference of the United States, 1985.

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8

United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs. Nominations of Mark A. Robbins and Roy W. McLeese III: Hearing before the Committee on Homeland Security and Governmental Affairs, United States Senate, One Hundred Twelfth Congress, second session : nominations of Mark A. Robbins to be a member, Merit Systems Protection Board, and Roy W. McLeese III to be an associate judge, District of Columbia Court of Appeals, March 6, 2012. Washington: U.S. G.P.O., 2012.

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9

United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs. Nominations of Colleen D. Kiko, Mary M. Rose, Hon. Juliet J. McKenna, and John R. Fisher: Hearing before the Committee on Homeland Security and Governmental Affairs, United States Senate, One Hundred Ninth Congress, first session, on the nominations of Colleen D. Kiko, to be general counsel, Federal Labor Relations Authority, Mary M. Rose to be member, Merit Systems Protection Board, Hon. Juliet J. McKenna to be associate judge, District of Columbia Superior Court, and John R. Fisher to be associate judge, District of Columbia Court of Appeals, September 13, 2005. Washington: U.S. G.P.O., 2006.

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US GOVERNMENT. Questions & answers about whistleblower appeals: United States Merit Systems Protection Board. [Supt. of Docs., U.S. G.P.O., distributor, 1995.

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US GOVERNMENT. 21st Century Complete Guide to the U.S. Merit Systems Protection Board (MSPB): Federal Jobs and Hiring, Civil Service, Appeals Process, Whistleblower Appeals (CD-ROM). Progressive Management, 2003.

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12

Mspb Basics: The Agency Edition: What Agency Representatives Need to Know to Survive an Mspb Appeal. Dewey Publications, Incorporated, 2005.

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13

Varol, Ozan O. Meritocracy and Nepotism. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190626013.003.0011.

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Some militaries value merit over accidents of birth. Advancement in these militaries is based largely on accomplishment, not nepotism. In a dictatorship, a merit-based system of military advancement can stand in stark contrast to corrupt state institutions surrounding the military. The military’s meritocracy may provide a rare opportunity for advancement to people from humble backgrounds who may join the military to escape the frustrations of elitism in civilian institutions. These soldiers enjoy a healthy distance from the authoritarian establishment. To a soldier who grows accustomed to merit-based advancement in the military, the corrupt authoritarian state can appear anachronistic and out of touch. Ever so subtly, the military may emerge in the minds of soldiers as an alternate universe where merit trumps nepotism. As an outgrowth of this dissatisfaction, these soldiers may have a lesser stake in the existing authoritarian structures and stand ready to transform them into democratic ones.
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14

US GOVERNMENT. Guarding Against Waste, Fraud, and Abuse in Post-Katrina Relief and Recovery: The Plans of the Inspectors General: Hearing Before the Subcommittee on. Government Printing Office, 2005.

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15

William A, Schabas. Part 8 Appeal and Revision: Appel et Révision, Art.81 Appeal against decision of acquittal or conviction or against sentence/Appel d’une décision sur la culpabilité ou la peine. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0086.

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This chapter comments on Article 81 of the Rome Statute of the International Criminal Court. Article 81 deals with what might be called an appeal ‘on the merits’, in that it is addressed to a final decision of a Trial Chamber of either conviction or acquittal or, in the event of conviction, any subsequent decision governing sentence. Both the Prosecutor and the convicted person are authorized to appeal on grounds of procedural error, error of fact, or error of law. The accused person — or the Prosecutor, acting on the accused person's behalf — may invoke an additional ground: ‘Any other ground that affects the fairness or reliability of the proceedings or decision’.
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16

Khanna, Tarun, and Michael Szonyi, eds. Making Meritocracy. Oxford University PressNew York, 2022. http://dx.doi.org/10.1093/oso/9780197602461.001.0001.

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Abstract Meritocracy refers to any social system in which the allocation of opportunities and rewards is determined by merit. This volume draws together contributions that explore efforts to implement meritocracy in the political and educational realm in China and India, both historically and in the present. Contributors explore the philosophical underpinnings of meritocracy in the two societies, historical efforts to implement meritocracy according to culturally specific definitions of merit, contemporary debates about how to overcome obstacles to meritocracy such as the power of inherited privilege, and prognoses for the future. Our overall message is that debates over meritocracy are not novel aspects of modern industrial society but an unconscious echo chamber of questions that have been explored in other societies and at other times. Contemporary debates about meritocracy and affirmative action in the United States are far from historically unique. The entrenchment of privilege—instrumentally and cognitively—and affirmative action to attempt to remedy this can be found much more broadly. The chapters open up ways of thinking about meritocracy for non-elites as well as urge us to think through issues related to the measurement of merit and the uses and abuses of technology to alleviate some of the flaws of past attempts to instill greater meritocracy. Meritocracy appears to always be a work in progress. Its proponents must content themselves with “making” meritocracy rather than seeing it fully “made.”
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17

Querzola, Lea. La tutela anticipatoria fra procedimento cautelare e giudizio di merito. Bononia University Press, 2021. http://dx.doi.org/10.30682/sg231.

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Dal 1865 in avanti, e limitandosi ai soli aspetti macroscopici, era mutata, anche in profili essenziali, la disciplina del processo di cognizione, il legislatore era intervenuto sul regime delle preclusioni e sul giudizio di appello, aveva introdotto il rito laburistico, modificato la disciplina dell’arbitrato, escogitato provvedimenti anticipatori per far fronte alla crisi determinata dai tempi lunghi della giustizia; sì, a dire il vero era intervenuto anche in materia di tutela cautelare, introducendo il rito uniforme, ma la strumentalità e la provvisorietà non erano state sfiorate. Per questa ragione, la primissima lettura del d.lgs. n. 5 del 2003 in tema di processo societario, nella parte in cui si occupa in specie di provvedimenti cautelari, particolarmente ante causam, mi fece riflettere. Non si poteva non riconoscere che il cambiamento era significativo, forse epocale, che lo sganciamento" o "allentamento" o l’"attenuazione" del nesso di strumentalità cautelare, che fa il suo ingresso nel nostro ordinamento proprio attraverso quel decreto, era una novità significativa, che scalfiva una piccola certezza e meritava un approfondimento. L’esigenza di una riflessione, poi, è stata evidentemente accresciuta dagli ulteriori cambiamenti attuati dal d. l. n. 35 del 14 marzo 2005, convertito con modifiche dalla l. n. 80 del 14 maggio 2005".
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18

Bezanson, Randall P. Speech out of Thin Air. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252037115.003.0005.

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This chapter examines the Supreme Court's decision in Boy Scouts of America v. Dale. Since age eight, James Dale had been a Scout in his home town of Monmouth, New Jersey. By 1988, when he finished as a youth Scout on his eighteenth birthday, he had earned twenty-five merit badges and had become an Eagle Scout, one of the highest honors in Scouting. At age 19, Dale “came out” while attending Rutgers, and became actively involved in the university's lesbian and gay organization. He later received a letter from the Boy Scouts of America saying that he no longer met its standards for leadership, since avowed homosexuals were not permitted in the organization. Dale sought to appeal the decision, but to no avail. He was dismissed from his position as assistant scoutmaster, and his adult membership in the Scouts was revoked. Dale sued, claiming that the Scouts' decision was illegal under the terms of the New Jersey public accommodations law. Dale's lawsuit ultimately prevailed in the New Jersey Supreme Court. The Boy Scouts then appealed the case to the United States Supreme Court. In order to get to the Supreme Court the Scouts had to argue that the New Jersey law could not constitutionally be applied to the Boy Scouts based on its First Amendment right of free speech.
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19

Eggers, Daniel. Religious Conflict and Moral Consensus. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198803409.003.0015.

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This chapter is devoted to Hobbes’s attempt to set up the moral theory that grounds his political argument in a way that makes it equally acceptable to proponents of quite different religious and ideological views. The purpose of the chapter is, first, to demonstrate that Hobbes does in fact pursue this strategy and appeal to a consensus omnium at various points of his derivation of the state of war and his doctrine of natural law and natural right; secondly, to systematically describe Hobbes’s underlying approach as an example of ‘extra-moral justification’ and contrast it with John Rawls’s appeal to an ‘overlapping consensus’ as an example of ‘intra-moral justification’; and thirdly, to assess the respective merits of the two types of moral justification with regard to the challenge of religious pluralism.
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20

Lockwood, Andy. How to Negotiate Your Crappy Financial Aid and Merit Aid Offer: How to Appeal a Low-Ball Offer from Your Tight-fisted College in Today's Turbulent Times. Independently Published, 2020.

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21

William H, Boothby. 14 Applying Weapons Law to Particular Weapon Systems. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198728504.003.0014.

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Chapter 14 discusses specific weapon technologies and types of munition that merit individual consideration. This may be because of concerns that have been expressed as to their characteristics, because the technologies themselves require, or appear to some to require, particular legal care, or because they are emerging technologies which raise interesting and/or novel legal issues. The purpose of this consideration is to show how weapons law should be applied to each such technology, with the ultimate aim of assisting weapon reviewers in their difficult task. The chapter addresses missiles, bombs, and artillery, blast weapons, directed energy weapons, herbicides, flechettes, depleted uranium, white phosphorus, non-lethal weapons, cyber weapons, autonomous weapons, counter-IED weapons, nanotechnology, and metamaterials.
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22

Arneson, Richard J. Freedom and Religion. Edited by David Schmidtz and Carmen E. Pavel. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199989423.013.19.

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The core of freedom of religion is that individuals should be free to form their beliefs about religious matters (and other matters) against a wide, secure background regime of freedom of speech and expression and should be free to join together with like-minded others to worship and proselytize. Controversy about religion and freedom centers on the question whether religious freedom should receive special protection. One view is that religious freedom merits special accommodation. Another is that the state ought not to adopt policies that cannot be justified except by appeals to controversial religious claims, nor promote one type of religion or church over any other or over nonreligious beliefs, practices, and institutions; there should be no establishment of religion. This chapter suggests answers to both the accommodation issue and the establishment issue.
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23

Scanlon, T. M. Desert. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198812692.003.0008.

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The idea that just economic institutions should give people what they deserve can be appealed to as a way of justifying unequal rewards or as a way of limiting them. Claims about desert that could play these roles would be pure desert claims: that treating people in a certain way is justified simply by certain facts about what they are like or have done (where the qualifier “simply” excludes claims of need, and ideas of entitlement or legitimate expectations that presuppose particular institutions). Some pure desert claims are valid, such as claims about the appropriateness of moral praise, blame, and other evaluative attitudes. But economic rewards cannot be justified in this way. Claims to special reward based on moral merit, effort, ability, and marginal productivity, insofar as they are valid, are not desert claims in the relevant sense.
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24

Ellis, Fiona. Religious Understanding, Naturalism, and Desire. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190469863.003.0004.

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David Burrell uses the image of a transformative pilgrimage to capture what is at issue when the notion of religious understanding is introduced. This chapter challenges the naturalist’s objection to the very idea of there being a journey in this sense, grants with John Cottingham that the transformation is moral and spiritual, and considers what it could mean for such understanding to be theoretical as well as practical. Further questions arise concerning the “fuel” of this transformative journey, and Levinas claims that it is motivated by desire. This chapter considers the merits of his position and concludes that it offers the shape for a model of religious understanding which can genuinely appeal to an expansive, i.e., nonscientistic, naturalist.
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25

Beebe, James R. Does Skepticism Presuppose Explanationism? Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198746904.003.0011.

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Explanationist (or abductivist) responses to skepticism maintain that our commonsense beliefs about the external world can be rationally preferred to skeptical hypotheses on the grounds that the former provide better explanations of our sensory experiences than the latter. This kind of response to radical skepticism has never enjoyed widespread acceptance in the epistemological community due to concerns about the epistemic merits of inference to the best explanation and appeals to the explanatory virtues. Against this tide of skepticism about explanationism, the chapter argues that traditional skeptical challenges rest upon central explanationist tenets and thus that one cannot harbor doubts about the general class of explanationist responses to skepticism while at the same time granting the force of the skeptical challenges they seek to answer. This chapter also shows how explanationist principles do a better job than epistemic closure and underdetermination principles in articulating the structure and force of skeptical challenges.
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26

Lord, Errol. How to Learn about Aesthetics and Morality through Acquaintance and Deference. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198823841.003.0004.

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There are parallel debates in metaethics and aesthetics about the rational merits of deferring to others about ethics and aesthetics. In both areas it is common to think that there is something amiss about deference. A popular explanation of this in aesthetics appeals to the importance of aesthetic acquaintance. This kind of explanation has not been explored much in ethics. This chapter defends a unified account of what is amiss about ethical and aesthetic deference. According to this account, deference is a non-ideal way of thinking about ethics and aesthetics because it does not allow us to possess the full range of reasons provided by the ethical and aesthetic facts. It has this feature because it does not acquaint us with ethical and aesthetic facts. It is argued further that despite this defect, there is no general obligation not to defer. The upshot is a moderate optimism about ethical and aesthetic deference.
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27

Iverson, Cheryl. Manuscript Preparation. Oxford University Press, 2009. http://dx.doi.org/10.1093/jama/9780195176339.003.0002.

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Preparation of a scholarly manuscript requires thoughtful consideration of the topic and anticipation of the reader’s needs and questions. Certain elements either are standard parts of all manuscripts or are used so often as to merit special instruction. These elements are discussed in this section in the order in which they appear in the manuscript. References are discussed separately in chapter 3 and tables and figures in chapter 4. The preparation of any manuscript for publication should take the requirements of the intended journal into account; this may enhance the chances of acceptance and expedite publication. For the author, manuscript preparation requires familiarity with the journal to which the article is submitted. Most journals publish instructions for authors, which serve as useful guides; some journals' instructions for authors contain a manuscript checklist (see that from JAMA1 [reproduced in this chapter as the Table] as an example)...
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28

Helliwell, Philip S. Composite scores in psoriatic arthritis. Oxford University Press, 2018. http://dx.doi.org/10.1093/med/9780198737582.003.0025.

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Composite scores are assessment tools that combine a number of separate evaluations into one score. The composite score generally has more statistical power than the individual items, is more responsive, and has a greater effect size. A composite score allows synthesis of several elements into one score which can then, if psychometrically appropriate, allow the determination of disease activity (both low and high) cut-offs, and response criteria. The topics discussed in this chapter are the development and use of composite scores to assess disease activity in psoriatic arthritis: their history and development, use in practice, psychometric characteristics, and relative merits. Although there is no overall consensus on which measure to use, either in clinical trials or in the clinic, there appears to be agreement that remission should be the ideal target of treatment, with minimal/low disease activity a feasible alternative.
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29

Steane, Andrew. Does the Universe Suggest Design, Purpose, Goodness, or Concern? Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198824589.003.0017.

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This chapter tackles the question of whether or not the natural world presents us with a picture empty of purpose or good or evil or concern. No empirical evidence can entirely refute the claim that random fluctuation is the complete truth about the origin of all things, but it follows that this is not a scientific claim. Therefore it is a question of forming a reasonable judgement. It appears that the natural world has a depth and richness that exceeds what would be necessary for thinking brains to come to be realized in it. Also, notwithstanding the pain of the world, it is a project that merits our engagement and commitment, and occasionally the transcendent breaks in. We are not competent to make an overall judgement, but we can join in with the creative process of the world and find our role.
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30

Klaus, Reichert. 6 Dublin. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199655717.003.0007.

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This chapter evaluates the merits of Dublin as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Ireland; the processes and rules as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that Dublin should be considered as a low-cost alternative to London, with many of the same advantages, but at lower cost. Ireland is also a party to the New York Convention; has passed a new Arbitration Act (2010), which is a virtually pure form of the United Nations Commission on International Trade Law (UNCITRAL) Model Law; provides for a dedicated arbitration judge in the High Court, and there is no appeal from the High Court on arbitration matters; and has a high-quality, independent judicial system and a high-quality bar.
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31

Mikhail, Ivanov, and Manassyan Inna. 12 Moscow. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199655717.003.0013.

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This chapter evaluates the merits of Moscow as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Russia; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. A recent survey on Russia as a place for arbitration showed that most respondents did not have any manifestly positive or negative attitude toward Russia as a place for arbitration. This absence of ‘exceptionally positive’ or ‘exceptionally negative’ views shows that continued efforts in providing greater support to arbitration are needed to bring Russia's current status of international arbitration practices in line with international trends. On a positive note, the Russian Federation appears to be moving gradually toward improving the efficiency of its legislation on international arbitration and abandoning the historical, overly formalistic approach of state courts on matters related to arbitration.
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32

Gann, Kyle. Oh, How We Misunderstand. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252035494.003.0001.

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This chapter is an introduction to the oft-misunderstood opera of Robert Ashley. Ashley's works do not fit the profile of what people generally think of as opera. In his pieces, people sing in a style that resembles speech, and plots are rarely evident in his works. The chapter argues that his works are far more stylistically complex than they initially appear, and that furthermore his oeuvre not only fits the very definition of opera, but even updates it in certain cases. It highlights the unconventionality of his opera and yet situates them squarely among the classical greats. In doing so, the chapter also delves into Ashley's own merits as a composer.
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33

Walsh, Robert, Adams John, and John Adams Library (Boston Public Librar. An Appeal from the Judgments of Great Britain Respecting the United States of America: Part First, Containing an Historical Outline of Their Merits ... Upon the Calumnies of the British Writers. Franklin Classics Trade Press, 2018.

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34

Walsh, Robert, Adams John, and John Adams Library (Boston Public Librar. An Appeal From the Judgments of Great Britain Respecting the United States of America: Part First, Containing an Historical Outline of Their Merits ... Upon the Calumnies of the British Writers. Franklin Classics, 2018.

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35

Walsh, Robert. An Appeal From the Judgments of Great Britain Respecting the United States of America: Part First, Containing an Historical Outline of Their Merits ... Upon the Calumnies of the British Writers. Arkose Press, 2015.

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36

Walsh, Robert, Adams John, and John Adams Library (Boston Public Librar. An Appeal From the Judgments of Great Britain Respecting the United States of America: Part First, Containing an Historical Outline of Their Merits ... Upon the Calumnies of the British Writers. Franklin Classics, 2018.

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37

Walsh, Robert, Adams John, and John Adams Library (Boston Public Librar. An Appeal from the Judgments of Great Britain Respecting the United States of America: Part First, Containing an Historical Outline of Their Merits ... Upon the Calumnies of the British Writers. Franklin Classics Trade Press, 2018.

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38

Walsh, Robert. An Appeal From The Judgments Of Great Britain Respecting The United States Of America: Containing An Historical Outline Of Their Merits And Wrongs As ... Upon The Calumnies Of The British Writers. Arkose Press, 2015.

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39

Walsh, Robert. Appeal from the Judgments of Great Britain Respecting the United States of America: Part First, Containing an Historical Outline of Their Merits and Wrongs As Colonies, and Strictures upon the Calumnies of the British Writers. HardPress, 2020.

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40

Appeal from the Judgments of Great Britain Respecting the United States of America: Part First, Containing an Historical Outline of Their Merits and Wrongs As Colonies, and Strictures upon the Calumnies of the British Writers. Creative Media Partners, LLC, 2022.

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41

Gagliano, Marco da. Madrigals, Part 6. Edited by Edmond Strainchamps. A-R Editions, 2021. http://dx.doi.org/10.31022/b223.

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Il sesto libro de madrigali a cinque voci, Marco da Gagliano's final book in the genre, was published in 1617, nine years after its predecessor. In the book's dedication Gagliano indicated that its music was composed the year before, and not earlier in the gap between the two books. Book 6 was popular enough that it was reprinted in 1620, and although he lived another twenty-six years, Gagliano published no more madrigals. There are sixteen compositions in the book, fourteen of them by Gagliano, one by Lodovico Arrighetti, and one by an unnamed composer who was most certainly Ferdinando Gonzaga, duke of Mantua. The poets now recognized as authors of the texts are Giovanni Battista Guarini, Torquato Tasso, Francesco Petrarca, Ottavio Rinuccini, Gabriello Chiabrera, Gasparo Murtola, and Antonio Ongaro. In the diversity of their style, the madrigals of the Sesto libro provide a conspectus of the compositional craft evinced in Gagliano's earlier books: now the rush and brevity of canzonetta-influenced madrigals like those in the fourth and fifth books stand next to madrigals with the more traditional manner of text setting so often found in his first three books. There is also a drinking song that alternates duets with a refrain and a seven-voiced concertato piece, both taken from Medici court entertainments. One of the most telling madrigals in the book, “Filli, mentre ti bacio,” is an abbreviation and a recasting of the madrigal as it appears in his Primo libro, thereby disclosing the remarkable change in Gagliano's aesthetic thinking about the genre during the fifteen years that lie between his first and last books. Shortly after the appearance of the Sesto libro, a vicious attack on its madrigals and on Gagliano himself was made by Mutio Effrem. Although its condemnation of the book on theoretical grounds is misguided and without merit, Effrem's Censure seems to have damaged Gagliano's standing in Florence and to some degree may have influenced his decision to abandon the genre.
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42

Inayatullah, Naeem, and David L. Blaney. Units, Markets, Relations, and Flow: Beyond Interacting Parts to Unfolding Wholes. Oxford University Press, 2018. http://dx.doi.org/10.1093/acrefore/9780190228637.013.272.

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Heterodox work in Global Political Economy (GPE) finds its motive force in challenging the ontological atomism of International Political Economy (IPE) orthodoxy. Various strains of heterodoxy that have grown out of dependency theory and World-Systems Theory (WST), for example, emphasize the social whole: Individual parts are given form and meaning within social relations of domination produced by a history of violence and colonial conquest. An atomistic approach, they stress, seems designed to ignore this history of violence and relations of domination by making bargaining among independent units the key to explaining the current state of international institutions. For IPE, it is precisely this atomistic approach, largely inspired by the ostensible success of neoclassical economics, which justifies its claims to scientific rigor. International relations can be modeled as a market-like space, in which individual actors, with given preferences and endowments, bargain over the character of international institutional arrangements. Heterodox scholars’ treatment of social processes as indivisible wholes places them beyond the pale of acceptable scientific practice. Heterodoxy appears, then, as the constitutive outside of IPE orthodoxy.Heterodox GPE perhaps reached its zenith in the 1980s. Just as heterodox work was being cast out from the temple of International Relations (IR), heterodox scholars, building on earlier work, produced magisterial studies that continue to merit our attention. We focus on three texts: K. N. Chaudhuri’s Asia Before Europe (1990), Eric Wolf’s Europe and the People Without History (1982), and L. S. Stavrianos’s Global Rift (1981). We select these texts for their temporal and geographical sweep and their intellectual acuity. While Chaudhuri limits his scope to the Indian Ocean over a millennium, Wolf and Stavrianos attempt an anthropology and a history, respectively, of European expansion, colonialism, and the rise of capitalism in the modern era. Though the authors combine different elements of material, political, and social life, all three illustrate the power of seeing the “social process” as an “indivisible whole,” as Schumpeter discusses in the epigram below. “Economic facts,” the region, or time period they extract for detailed scrutiny are never disconnected from the “great stream” or process of social relations. More specifically, Chaudhuri’s work shows notably that we cannot take for granted the distinct units that comprise a social whole, as does the IPE orthodoxy. Rather, such units must be carefully assembled by the scholar from historical evidence, just as the institutions, practices, and material infrastructure that comprise the unit were and are constructed by people over the longue durée. Wolf starts with a world of interaction, but shows that European expansion and the rise and spread of capitalism intensified cultural encounters, encompassing them all within a global division of labor that conditioned the developmental prospects of each in relation to the others. Stavrianos carries out a systematic and relational history of the First and Third Worlds, in which both appear as structural positions conditioned by a capitalist political economy. By way of conclusion, we suggest that these three works collectively inspire an effort to overcome the reification and dualism of agents and structures that inform IR theory and arrive instead at “flow.”
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43

Hayk, Kupelyants. Sovereign Defaults Before Domestic Courts. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198807230.001.0001.

Full text
Abstract:
The monograph examines sovereign debt litigation before the English and New York courts. English and New York courts are the two main jurisdictions customarily chosen to resolve sovereign debt disputes. The book sets out parties’ litigation choices at various stages of proceedings and provides the legal background against which parties to a sovereign bond may wish to negotiate. The defining characteristic of the monograph is that it examines sovereign debt litigation through the prism of private law. The monograph clearly grounds its analysis in the law as it exists, rather than purely policy-oriented reasoning (albeit it keeps a critical eye on the reasoning of the courts). The monograph concentrates on diverse litigation tactics and arbitrage strategies available to bondholders and sovereign debtors that appear before the English courts. In most cases, private creditors may obtain summary judgments with relative ease. That said, often serious issues arise at the stages of assumption of jurisdiction, determination of the governing law of sovereign bonds or substantive resolution of the claims in English proceedings. Similarly, the enforcement of sovereign bonds against the assets of the sovereign often presents serious obstacles, most significantly the doctrine of State immunity. The book offers an exhaustive account of litigation tactics available to bondholders and sovereign debtors alike. The book is unique in the breadth of its coverage. It examines issues of jurisdiction and choice of law at the preliminary stages of litigation, substantive challenges of various sorts to sovereign debt restructurings and to the repayment of bonds on merits, and enforcement of final judgments against the State and its assets in the post-judgment phase.
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44

Kupelyants, Hayk. Sovereign Defaults Before Domestic Courts. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198807230.001.0001.

Full text
Abstract:
The monograph examines sovereign debt litigation before the English and New York courts. English and New York courts are the two main jurisdictions customarily chosen to resolve sovereign debt disputes. The book sets out parties’ litigation choices at various stages of proceedings and provides the legal background against which parties to a sovereign bond may wish to negotiate. The defining characteristic of the monograph is that it examines sovereign debt litigation through the prism of private law. The monograph clearly grounds its analysis in the law as it exists, rather than purely policy-oriented reasoning (albeit it keeps a critical eye on the reasoning of the courts). The monograph concentrates on diverse litigation tactics and arbitrage strategies available to bondholders and sovereign debtors that appear before the English courts. In most cases, private creditors may obtain summary judgments with relative ease. That said, often serious issues arise at the stages of assumption of jurisdiction, determination of the governing law of sovereign bonds or substantive resolution of the claims in English proceedings. Similarly, the enforcement of sovereign bonds against the assets of the sovereign often presents serious obstacles, most significantly the doctrine of State immunity. The book offers an exhaustive account of litigation tactics available to bondholders and sovereign debtors alike. The book is unique in the breadth of its coverage. It examines issues of jurisdiction and choice of law at the preliminary stages of litigation, substantive challenges of various sorts to sovereign debt restructurings and to the repayment of bonds on merits, and enforcement of final judgments against the State and its assets in the post-judgment phase.
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