Academic literature on the topic 'Law (except legal practice and international law), n.e.c'

Resumen: El presente artículo se encuentra dividido en cinco apartados que permiten que su lectura y comprensión sea mucho más amigable. Es interesante y entender que el tema del terrorismo es un tema de naturaleza dinámica y cambiante, en el artículo se estudiara los diferentes tipos de terrorismo que existe y el impacto que ha tenido en el establecimiento de los estados de seguridad pública, así como la afectación a los derechos humanos de las personas y los regímenes jurídicos en los cuales se tipifica esta figura. Abstract: This article is divides into five sections that allow its reading and understanding to be much more user-friendly. It is interesting to understand that the issue of terrorism is a dynamic and changing issue, the article will study the different types of terrorism that exist and the impact it has had on the establishment of states of publica security as well as the impact to the human rights of persons and the legal regimes in which this figure is typified. Fuentes de consulta: Arendt H. (2006) Sobre la revolución, Madrid: Alianza. Báez Corona, J. F. (2015). El realismo mágico jurídico (recreación legal de una ficción literaria con especial referencia a Latinoamérica). Justicia. (28), 15-31. doi:http://dx.doi.org/10.17081/just.20.28.1032 Báez, J. (2021). Tradición contra innovación en los modelos de formación jurídica universitaria en México. Revista de Derecho. (56). 137-153. https://dx.doi.org/10.14482/dere.56.340 Bakke E. (2015) Terrorism and Conterterrorism studies, comparing theory and practice, Netherlands, Leiden University Press. Bobbio N. (2004) Estado, Gobierno y Sociedad por una teoría general de la política, México, Fondo de Cultura Económica. Caillois R. (1973) La cuesta de la guerra (trad.) Rufina Bórquez, México, Fondo de Cultura Económica. Coteño Muñoz A. (2018) “Terrorismo individual los atentados perpetrados por actores solitarios” Eunomía. Revista en Cultura de la Legalidad, número 15 Madrid, Universidad Carlos III. Donner, F. (2007) “Fight for God- But Do So with Kindness: Reflections on War, Peace, and Communal Identity in Early Islam”. In War and Peace in the Ancient World, Oxford. Blackwell. Durham M. (2000) The Christian right, the far right and the Boundaries of American Conservatism. Manchester: Manchester University Press. Dworkin R, (2013) “Foreword”, in Extreme Speech and Democracy, Oxford, Oxford University Press. Essig, C. (2001). Terrorism: Criminal Act of Act of War? Implications for National Security in the 21st Century. Pennsylvania: US Army War College. Foucault, M. (2009) Historia de la sexualidad 1. La voluntad de saber, México, Siglo XXI. Friedman B, H., Harper J, Preble C. (2010) Terrorizing ourselves. Why U.S. Counterterrorism Policy is Failing and How to Fix It. Washington D.C. Instituto Cato. Gallego, C. (2012). El concepto de seguridad jurídica en el Estado social. Revistas jurídicas. Vol 2, Núm 9, Recuperado de http://juridicas.ucaldas.edu.co/downloads/Juridicas9(2)_6.pdf Griset, P. L., Mahan, S. (2003) Terrorism in perspective, United States of America. Sage Publications Inc. González Calleja, E. (2013). El Laboratorio del Miedo, Madrid, Crítica. Habermas J. (1998) Derechos humanos y soberanía popular. Las versiones liberal y republicana, en Rafael del Águila, Fernando Val, Madrid, Alianza Habermas J. (1994) La desobediencia civil, piedra de toque del Estado democrático de Derecho, en Ensayos políticos, Barcelona, Península. Heydar S. (2017) Islamic Peace Ethics. Legitimate and Illegitimate Violence in Contemporary Islamic Thought. United States of America, Baden-Baden: NomosAschendorff Verlag. Hoffman B., Howard R. (2011) Terrorism and counterterrorism: Understandin the new security environment readings and interpretations: 4a eth, United States of America, Mcgraw-Hill. Hoffman, B. (2006). Inside Terrorism. New York: Columbia University Press. Jackson, R, et al., (2011) Terrorism. A Critical Introduction, New York, Palgrave Macmillian Jassies N. (2009) Mrinus Van Der Lubbe y el incendio del Reichstag. Trad., García Velasco C., España, Editorial Alikornio. Jellinek G (1954) Teoría Geenral de los Estados. Trad. Fernando de los Ríos. Buenos Aires, ed. Albatroz. Jenkins, B.M. (1975), "International Terrorism: A New Mode of Conflict", in Garitón D, y Schaerf C. Internactional Terrorism and World Security, Londres, Cromm Helm. Johnston, T. D. (1981). Selective costs and benefits in the evolution of learning. En J. S. Rosenblatt, R .A. Hinde, C. Beer y M. C. Busnel (Eds.). Advances of the study of behavior. New York: Academic Press Kilpatrick J (2020) Quand un état d’urgence temporarire devient permanent, le cas de la France. París, Transnational Institute. Khadduri, M. (1955) War and Peace in the Law of Islam. Baltimore, The Johns Hopkins Press. Kyrou, A. (2012). L’imaginaire des Anonymous, des luddites à V pour Vendetta. París Folis esssays Lasoen, K. (2018). “War of Nerves: The Domestic Terror Threat and the Belgian Army”. In Studies in Conflict & Terrorism, vol. 42, no. 11. Le Goff J. (1984) La Civilisation d l’occident médiéval, París, Foils Essay. Lillich, B. R. (1985) Paris Minimum Standards of Human Rights Norms in a State of Emergency, The American Journal of International Law, Vol. 79, No. 4 Locke J. (1997), Segundo tratado sobre el gobierno civil, Madrid, Alianza. Loubet Del Bayle, J. L. (1992) La Police. Approche socio-politique. Paris, Montchrestien. Luhmann, N. (2005) El derecho de la sociedad, 2a ed., México, Herder, Universidad Iberoamericana. Majoran, A. (2015). The illusion of war: Is terrorism a criminal act or an act of war? International Politics Reviews, Vol.3 Issue 1 Martin J-C, (2006) Les règles internationales relatives à la lutte contre le terrorismo. París, edición Bruylant. Nateras González M, E. (2018) Colombia Las autodefensas en Michoacán, México: ¿rescate de la ciudadanía ante la violencia? Revista Opinión Jurídica, Universidad de Medellín, Vol. 17, Núm. 33 Placido A. P., y Perkins L K. (2010) Drug Trafficking violence in México implications for the United States. Washington D.C. U.S. Senate Caucus on International Narcotics Control Departmente of Justice Poczynok, I. (2019). Fuerzas armadas y contraterrorismo. Apuntes para renovar un “debate crónico” en la Argentina. Revista Relaciones Internacionales, Estrategia Y Seguridad, vol. 2, Núm. 14 Poland J. (2004) Understanding Terrorism: Groups, Strategies and responses. New York. Pretince Hall. Rawls J (1999) La justificación de la desobediencia civil, en Justicia como equidad. Materiales para una teoría de la justicia, Madrid, Tecnos. Reinares, F y García-Calvo, C. (2016) Estado Islámico en España. Madrid: Real Instituto Elcano. Rivas, P., y Rey, P. (2008) Las autodefensas y el paramilitarismo en Colombia (1964-2003), Bogotá, CON Fines. Rapoport, D. (2004). “The four waves of modern terrorism”. En Audrey, C. y James, L. Attacking Terrorism: Elements of a Grand Strategy. Washington D.C. George town University Press Rodley N. (1985) International Human Rights Law, dans Evans, M. D, International Law, Oxford, Oxford University Press. Reitberger M (2013) “License to kill: is legitimate authority a requirement for just war? in International Theory, Cambridge, Cambridge University Press, Vol. 5, Issue 1. Robespierre Maximilien (2005) Por la felicidad y por la libertad, discursos. España, El viejo topo. Rousseau J. J., (2013) Discurso sobre el origen y fundamento de la desigualdad entre los hombres, Madrid, Calpe. Tinnes J. (2020) Bibliography: Defining and Conceptualizing Terrorism Compiled PERSPECTIVES ON TERRORISM Volume 14, Issue 6, The Netherlands Universiteit Leiden. recuperado de https://www.universiteitleiden.nl/perspectives-on-terrorism/archives/2020#volume-xiv-issue-6 Toboso Buezo M. (2020) Colección Segmentos de Seguridad Terrorismo y antiterrorismo. España. Institut de Seguretat Pública de Catalunya.. Saint Thomas Aquinas (2003) On law, morality and Politics, translated by Regan Richard United States of America, Hackett publishing company. Sinai, J. (2008) “How to Define Terrorism”, Perspectives on Terrorism, Journal of the Terrorism Research Initiative and the Center for Terrorism and Security Studies, The Netherlands, Universiteit Leiden, Vol. 2, No.4, recuperado de http://www.terrorismanalysts.com/pt/index.php/pot/article/view/33/html Skinner, B. F. (1953) Science and human behavior. New York, The Macmillan Company. United States Department of State. (2004) Patterns of Global Terrorism 2003 Washington, DC: Office of the Secretary of State, Office of the Coordinator for Counterterrorism. Valadés D. (1974) La dictadura constitucional en América Latina, México, UNAM. Walther T C., Höhn A., (2020) El ejército alemán y sus graves problemas con la ultraderecha. DW noticiero recuperado de https://www.dw.com/es/el-ej%C3%A9rcito-alem%C3%A1n-y-sus-graves-problemas-con-la-ultraderecha/a-54044495 Wallace, D. (2008). Combatiendo el terrorismo bajo las leyes de la guerra. Military Review Hispan-American, Vol. 88, Issue 2 Weber M. (1986) El político y el científico. (trad) Francisco Rubio Llorente, Madrid, Alianza Editorial.

Early childhood development (PAUD) is a fundamental investment that is included in the Sustainable Development Goals (SDGs). Previous research has shown that ECD investment in Indonesia, and its financial governance remains a challenging issue. Through a qualitative approach to a case study method design, this study aims to examine the state of PAUD financial management in Panggungharjo Village, Yogyakarta. This study uses in-depth interviews and desk research as data collection techniques. The instrument was developed from the SABER-ECD World Bank Assessment and ECD Financial Profiling Tools. The results showed that PAUD financial management in established villages had innovative financing, budget management and institutional development resulted in a blueprint for managing PAUD financing in other villages in Indonesia. Important policy objectives in all aspects, including the legal framework, cross-sectoral coordination, program coverage, coverage, equity, data availability, quality standards, and compliance with standards, the vision of financing early childhood development will be more achievable for future research. Keywords: Early Childhood, Financial Governance, Village References: Alatas, H., Brinkman, S., Chang, M. C., Hadiyati, T., Hartono, D., Hasan, A., Hyson, M., Jung, H., Kinnell, A., Pradhan, M., & Roesli, R. (2013). Early childhood education and development services in Indonesia. In Education in Indonesia (pp. 82–108). Institute of Southeast Asian Studies. Ambang.Yudanto. (2019). Analisis Kepemimpinan Transformasional Kepala Desa dalam Pengelolaan Badan Usaha Milik Desa: Studi Kasus Bumdes Panggung Lestari, Bantul [Analysis of Village Head Transformational Leadership in Village Owned Enterprise Management: A Case Study of Bumdes Panggung Lestari, Bantul]. The Journal of Business and Management. Antlöv, H., Wetterberg, A., & Dharmawan, L. (2016). Village Governance, Community Life, and the 2014 Village Law in Indonesia. Bulletin of Indonesian Economic Studies, 52(2), 161–183. https://doi.org/10.1080/00074918.2015.1129047 Aqsati, F. A. (2018). Pengelolaan Alokasi Dana Desa untuk Pengembangan Pembedayaan Masyarakat di Desa Panggungharjo [Management of Village Fund Allocation for Community Empowerment Development in Panggungharjo Village]. Resolusi: Jurnal Sosial Politik. Astuti, S. J. W., & Suaedi, F. (2019). Building Independent Villages through Collaborative Governance by Village-Owned Enterprises (Best Practice from Panggungharjo Village, Central Java, Indonesia). Iapa Proceedings Conference, 265. https://doi.org/10.30589/proceedings.2018.200 Basuki, A. F., Setyowati, K., & Wahyunengseh, R. D. (2019). Accountability Model of Financial Management in the Public Sector: A Study on Panggungharjo Village Budget. Bisnis & Birokrasi Journal. https://doi.org/10.20476/jbb.v26i1.10312 Bauhr, M., & Nasiritousi, N. (2013). Resisting Transparency: Corruption, Legitimacy, and the Quality of Global Environmental Policies. Global Environmental Politics, 13(August), 46–64. https://doi.org/10.1162/GLEP Bloom, N., Van Reenen, J., & Williams, H. (2019). A toolkit of policies to promote innovation. Voprosy Ekonomiki, 2019(10), 5–31. https://doi.org/10.32609/0042-8736-2019-10-5-31 Boggild-Jones, I., Gardiner, S., Gustafsson-Wright, E., Castillo, A. M., Castro Espinosa, B., Sánchez Vázquez, G., Rivera Ruíz, M., Hetzel, O., Lugo, H., Khan, A., Mozambique, F., Duarte, S., Fisker, A., Mozambique, A., Briggs, C., Kasajja, M.-S., Anis, K., Campira, P., Figia, N., … Njoroge, S. (2017). Emily Gustafsson-Wright the Standardized Early Childhood Development Costing Tool (SECT) A Global Good to Increase and Improve Investments in Young Children. Brinkman, S. A., Hasan, A., Jung, H., Kinnell, A., & Pradhan, M. (2017). The impact of expanding access to early childhood education services in rural Indonesia. Journal of Labor Economics, 35(S1), S305–S335. https://doi.org/10.1086/691278 Britto, P. R., Engle, P. L., & Super, C. M. (2013). Handbook of Early Childhood Development Research and Its Impact on Global Policy. In Handbook of Early Childhood Development Research and Its Impact on Global Policy. https://doi.org/10.1093/acprof:oso/9780199922994.001.0001 Cardenas, M., & Cadena, A. M. (2020). How to prioritize Early Childhood? A note on the recent expeerience in Columbia. May 2020. Denboba, A., Hasan, A., & Wodon, Q. (2015). Early Childhood Education and Development in Indonesia. In World Bank Publications. Edi, A. C., & Wardhani, I. S. (2019). Transformational and Transactional Leadership, Understanding How Leadership Cultivates Democratic Citizenship in Panggungharjo, Bantul, Yogyakarta. PCD Journal, 6(2), 239. https://doi.org/10.22146/pcd.35229 Hasan, Amer., Hyson, Marilou., & Chu-Chang, M. (2013). Early childhood education and development in poor villages of Indonesia: Strong foundations, later success. World Bank. Istiqomah, L. (2016). Tiga Pilar Kebijakan Pemerintah dalam Pembinaan PAUD. Golden Age [Three Pillars of Government Policy in Early Childhood Education. Golden Age]: Jurnal Ilmiah Tumbuh Kembang Anak Usia Dini. Jeffrey, D. S., & Guido, S. T. (2014). Financing Sustainable Development: Implementing the SDGs through Effective Investment Strategies and Partnerships. Sustainable Development Solutions Network. Juniar, T. (n.d.). Efektivitas Program Kartu Jakarta Pintar (KIP) Dan Manfaatnya Dalam Meningkatkan Kesejahteraan Sosial Di SDN Bintaro 08 Pagi Jakarta Selatan [The Effectiveness of the Jakarta Smart Card (KIP) Program and Its Benefits in Improving Social Welfare at SDN Bintaro 08 Pagi South Jakarta]. Repository.Uinjkt.Ac.Id. Klees, S. J., Ginsburg, M., Anwar, H., Robbins, M. B., Bloom, H., Busacca, C., Corwith, A., Decoster, B., Fiore, A., Gasior, S., Le, H. M., Primo, L. H., & Reedy, T. D. (2020). The World Bank’s SABER: A Critical Analysis. Comparative Education Review. https://doi.org/10.1086/706757 Kurniawati, S., Suryadarma, D., Bima, L., & Yusrina, A. (2018). Education in Indonesia: A white elephant? Journal of Southeast Asian Economies, 35(2), 185–199. https://doi.org/10.1355/ae35-2e Magnuson, K., & Duncan, G. J. (2016). Can early childhood interventions decrease inequality of economic opportunity? Rsf, 2(2), 123–141. https://doi.org/10.7758/rsf.2016.2.2.05 Mizwar Hasyim, N. (2019). Peningkatan Kemandirian Desa Panggungharjo Melalui Komunikasi Pembangunan [Increasing the Independence of Panggungharjo Village through Development Communication]. Jurnal Pemberdayaan Masyarakat: Media Pemikiran Dan Dakwah Pembangunan, 3(2), 352–376. https://doi.org/10.14421/jpm.2019.032-06 Nakajima, N., Hasan, A., Jung, H., Kinnell, A., Maika, A., & Pradhan, M. (2021). Built to Last: Sustainability of Early Childhood Education Services in Rural Indonesia. Journal of Development Studies, 57(10), 1593–1612. https://doi.org/10.1080/00220388.2021.1873283 National Academies of Sciences Engineering and Medicine. (2018). Transforming the Financing of Early Care and Education. In Transforming the Financing of Early Care and Education. The National Academies Press. https://doi.org/10.17226/24984 Penner, E. K., Rochmes, J., Liu, J., Solanki, S. M., & Loeb, S. (2019). Differing views of equity: How prospective educators perceive their role in closing achievement gaps. Rsf, 5(3), 103–127. https://doi.org/10.7758/RSF.2019.5.3.06 Pratama, R. N., & Pambudi, A. (2017). Kinerja Badan Usaha Milik Desa Panggung Lestari dalam Meningkatkan Pendapatan Asli Desa di Desa Panggungharjon Kecamatan Sewon Kabupaten Bantul [Performance of Panggung Lestari Village-Owned Enterprises in Increasing Village Original Income in Panggungharjon Village, Sewon District, Bantul Regency]. Adinegara. Sayre, R. K., Devercelli, A. E., Neuman, M. J., & Wodon, Q. (2015). Investing in Early Childhood Development: Review of the World Bank’s Recent Experience. In Investing in Early Childhood Development: Review of the World Bank’s Recent Experience. https://doi.org/10.1596/978-1-4648-0403-8 Scheerens, J. (2015). School Effectiveness Research. In International Encyclopedia of the Social & Behavioral Sciences: Second Edition (Second Edition, Vol. 21). Elsevier. https://doi.org/10.1016/B978-0-08-097086-8.92080-4 Suryadarma, D., & Jones, G. W. (2013). Education in Indonesia. Education in Indonesia, 39(3), 1–278. The World Bank. (2013). What Matters Most for Early Childhood Development: A Framework Paper. Systems Approach for Better Education Results (SABER) Working Paper Series, 4–59. Vegas, E., & Santibanez, L. (2009). The Promise of Early Childhood Development in Latin America. In The Promise of Early Childhood Development in Latin America. https://doi.org/10.1596/978-0-8213-7759-8 Zúñiga, N. (2018). U4 Anti-Corruption Helpdesk Does: Does more transparency improve accountability? Transparancy International, 1–13.

Статтю присвячено дослідженню стратегії дискредитації, що є специфічною лінгвопрагматичною характеристикою сучасного англомовного дипломатичного дискурсу, а саме мовленнєвим тактикам, що сприяють її реалізації в дискурсі дипломатів США, зокрема в промовах чотирьох американських дипломатів – Саманти Пауер, Вікторії Нуланд, Джеффрі Пайєтта та Деніела Байєра – стосовно військового конфлікту на сході України, виголошених упродовж 2013–2015 рр. У чотирьох досліджуваних мовців, основними виявились дві тактики: тактика згадування в негативному світлі та звинувачення, які найповніше та найчастотніше реалізують стратегію дискредитації в мовленні дипломатів переважно через прямі асертивні мовленнєві акти, що безумовно свідчить про стверджувальний характер мовлення в текстах промов усіх чотирьох дипломатів. Відтак встановлено, що провідними мовленнєвими тактиками реалізації стратегії дискредитації в англомовному дипломатичному дискурсі є тактики згадування в негативному світлі та звинувачення. Ці мовленнєві тактики реалізуються в англомовному дипломатичному дискурсі прямими асертивними мовленнєвими актами, а також їм притаманні певні лінгвальні маркери. Література References D’Acquisto, G. (2017). Linguistic Analysis of Diplomatic Discourse: UN Resolutions on the Question of Palestine. UK : Cambridge Scolars Publishing. Donahue, R. (1997) Diplomatic Discourse: International Conflict at the United Nations. London : Greenwood Publishing Group. Gumperz, J. (1982). Discourse Strategies. Cambridge: CUP. McClellan, M. Public Diplomacy in the Context of Traditional Diplomacy. Retrieved from: http://www.publicdiplomacy.org/45.htm Newmann, I. (2002). Returning Practice to the Linguistic Turn: The Case of Diplomacy. Millenium: Journal of International Studies, 31(3), 627-651. Pratkanis, A. (2009). Public Diplomacy in International Conflicts. A Social Influence Analysis. Routledge Handbook of Public Diplomacy. California, 2009. Schuster, J. (2015). Diplomatic Discourse. Lulu.com. Scotto di Carlo G. (2015). “Weasel words” in legal and diplomatic discourse : vague nouns and phrases in UN resolutions relating to the second Gulf war. International Journal for the Semiotics of Law, 28(3), 559-576. Snow, N. (2009). Rethinking Public Diplomacy. Routledge Handbook of Public Diplomacy. London. Беляков М. Характер эмотивности дипломатического дискурса. Вестник Российского университета дружбы народов. Серия: Лингвистика, 2015. C. 124-131. Вебер Е. Опыт лингвистического исследования когнитивного диссонанса в английском дипломатическом дискурсе : автореф. дис. на соиск. науч. ст. канд. фил. наук : 10.02.04 «Германские языки». И., 2004. Голованова Д. Интердискурсивность дипломатического дискурса. Известия Волгоградского государственного педагогического университета. Сер. : Филологические науки, 2014, 7. C. 25-30. Зонова Т. Современная модель дипломатии. Истоки становления и перспективы развития. М.: РОССПЭН, 2003. Кащишин Н. Диференціація таксономічних одиниць англомовного дипломатичного дискурсу. Східноєвропейський журнал психолінгвістики, 2014, 1(2). C. 54-62. Кожетева А. Лингвопрагматические характеристики дипломатического дискурса [Элек­т­ронный ресурс] : дис. на соиск. науч. ст. канд. филол. наук: спец. 10.02.19 «Теория языка». Москва, 2012. – Режим доступа : http://www.dissercat.com/content/ lingvopragmaticheskie-kharakteristiki-diplomaticheskogo-diskursa Мельник І. В. Типи комунікативних стратегій. Studia Linguistica, 2011, №5. C. 377-380. Судус Ю. Лінгвопрагматичні засоби реалізації стратегії дискредитації в американському дипломатичному мовленні (на матеріалі промов Дж. Р. Пайєтта). Вісник Львівського у-ту. Серія: Іноземні мови. Львів, 2016, №23. С. 47-56. Судус Ю. Мовленнєві засоби реалізації стратегії дискредитації в англомовному дипломатичному дискурсі. Актуальні питання іноземної філології. Луцьк: Східноєвроп. нац. ун-т ім. Лесі Українки, 2016, №5. С. 152-160. Судус Ю. Прагматичні засоби реалізації стратегії дискредитації в американському дипломатичному мовленні (на матеріалі промов Д. Б. Байєра). Науковий часопис НПУ імені М. П. Драгоманова. Київ, 2015, №13. С. 108-115. Судус Ю. “Weasel words” як один з прийомів реалізації стратегії дискредитації в англомовному дипломатичному дискурсі (на матеріалі промов С. Пауер, В. Нуланд,Д. Байєра, Дж. Пайєтта). Вісник Запорізького національного університету. Серія: філологія. – Запоріжжя, 2016, №1. С. 237-244. Терентий Л. Дипломатический дискурс как особая форма политической коммуникации. Вопросы когнитивной лингвистики. 2010, №1. С. 47-56. References (translated and transliterated) D’Acquisto, G. (2017). Linguistic Analysis of Diplomatic Discourse: UN Resolutions on the Question of Palestine. UK : Cambridge Scolars Publishing. Donahue, R. (1997) Diplomatic Discourse : International Conflict at the United Nations. London : Greenwood Publishing Group. Gumperz, J. (1982). Discourse Strategies. Cambridge : CUP. McClellan, M. Public Diplomacy in the Context of Traditional Diplomacy. Retrieved from http://www.publicdiplomacy.org/45.htm Newmann, I. (2002). Returning Practice to the Linguistic Turn : The Case of Diplomacy. Millenium : Journal of International Studies, 31(3), 627-651. Pratkanis, A. (2009). Public Diplomacy in International Conflicts. A Social Influence Analysis. Routledge Handbook of Public Diplomacy. California, 2009. Schuster, J. (2015). Diplomatic Discourse. Lulu.com. Scotto di Carlo G. (2015). “Weasel words” in legal and diplomatic discourse : vague nouns and phrases in UN resolutions relating to the second Gulf war. International Journal for the Semiotics of Law, 28(3), 559-576. Snow, N. (2009). Rethinking Public Diplomacy. Routledge Handbook of Public Diplomacy. London. Beliakov, M. (2015). Harakter emotivnosti diplomaticheskogo diskursa [The character of the diplomatic discourse's emotiveness]. Vestnik Rossiyskogo Universiteta Druzhby Narodov. Seriia: Lingvistika, 124-131. Veber, Ie. (2004). Opyt lingvisticheskogo issledovaniya kognitivnogo dissonansa v anglijskom diplomaticheskom diskurse. [Experience of linguistic research of cognitive dissonance in English diplomatic discourse]. Extended Summary of Ph.D. dissertation. Irkutsk: Irkutsk State Linguistic University. Golovanova, D. (2014). Interdiskursivnost diplomaticheskogo diskursa [Interdiskursivity of diplomatic discourse]. Izvestiya Volgogradskogo Gosudarstvennogo Pedagogicheskogo Universiteta. Ser.: Filologicheskie Nauki, 7, 25-30. Zonova, T. (2003). Sovremennaya model diplomatii. Istoki stanovleniya i perspektivy razvitiya [Modern model of diplomacy. The origins and prospects of development]. Moscow: ROSSPEN. Kashchyshyn, N. (2014). Dyferentsiatsiia taksonomichnykh odynyts anhlomovnoho dyplomatychnoho dyskursu [Differentiation of taxonomic units of English-speaking diplomatic discourse], East European Journal of Psycholinguistics, 1(2), 54-62. Kozheteva, A. Lingvopragmaticheskie harakteristiki diplomaticheskogo diskursa [Linguistic and pragmatic peculiarities of diplomatic discourse]. Retrieved from: http://www.dissercat.com/ content/lingvopragmaticheskie-kharakteristiki-diplomaticheskogo-diskursa Melnyk, I. (2011). Typy komunikatyvnykh stratehii [Types of communicative strategies]. Studia Linguistica, 5, 377-380. Sudus, Yu. (2016). Linhvoprahmatychni zasoby realizatsii stratehii dyskredytatsii v amerykanskomu dyplomatychnomu movlenni (na materiali promov Dzh. R. Paiietta) [Linguopragmatic means of implementing of discrediting strategy in American diplomatic speech (based on the statements by G. Pyatt)]. Visnyk Lvivskoho Universytetu. Seriia: Inozemni Movy, 23, 47-56. Sudus, Yu (2016). Movlennievi zasoby realizatsii stratehii dyskredytatsii v anhlomovnomu dyplomatychnomu dyskursi [Language means of discrediting strategy implementation in English diplomatic discourse]. Aktualni Pytannia Inozemnoi Filolohii, 5, 152-160. Sudus, Yu (2015). Prahmatychni zasoby realizatsii stratehii dyskredytatsii v amerykanskomu dyplomatychnomu movlenni (na materiali promov D. B. Baiiera) [Pragmatic means of discrediting strategy implementation in the American diplomatic speech (based on the statements by D. Baer)]. Naukovyi chasopys NPU imeni M. P. Drahomanova, 13, 108-115. Sudus, Yu (2016). “Weasel words” yak odyn z pryiomiv realizatsii stratehii dyskredytatsii v anhlomovnomu dyplomatychnomu dyskursi (na materiali promov S. Pauer, V. Nuland, D. Baiiera, Dzh. Paiietta) ["Weasel words" as one of the methods of discrediting strategy implementation in the English-speaking diplomatic discourse (based on statements by S. Power, V. Nuland, D. Baer,G. Pyatt]. Visnyk Zaporizkoho Natsionalnoho Universytetu. Seriia: Filolohiia, 1, 237-244. Terentii, L. (2010). Diplomaticheskij diskurs kak osobaya forma politicheskoj kommunikacii [Diplomatic discourse as a special form of political communication]. Voprosy Kognitivnoy Lingvistiki, 1, 47-56. Sources Baer D. April 16, 2015. Retrieved from: http://ukraine.usembassy.gov/statements/osce-violations-04162015.html Nuland V. April 9, 2014. Retrieved from: http://ukraine.usembassy.gov/statements/nuland-ukraine-04092014.html Nuland V. January 27, 2015. Retrieved from: http://ukraine.usembassy.gov/statements/nuland-transatlantic-resolve-01272015.html Power, S. August 28, 2014. Retrieved from: http://www.washingtonpost.com/world/full-transcript-remarks-by-ambassador-samantha-power-us-permanent-representative-to-the-united-nations-at-a-security-council-session-on-ukraine/2014/08/28/b3f579b2-2ee8-11e4-bb9b-997ae96fad33_story.html Power S. March 19, 2014. Retrieved from: http://ukraine.usembassy.gov/statements/power-ukraine-03192014.html Pyatt G. April 24, 2015. Retrieved from: http://ukraine.usembassy.gov/speeches/pyatt-vox-ukraine-conf-04242015.html Pyatt G. January 31, 2014. Retrieved from: http://ukraine.usembassy.gov/statements/amb-ukraine.html

To improve online learning pedagogy within the field of paralegal education, this study investigated how paralegal students and paralegal instructors perceived the effectiveness of synchronous and asynchronous online paralegal courses. This study intended to inform paralegal instructors and course developers how to better design, deliver, and evaluate effective online course instruction in the field of paralegal studies.Survey results were analyzed using independent samples t-test and correlational analysis, and indicated that overall, paralegal students and paralegal instructors positively perceived synchronous and asynchronous online paralegal courses. Paralegal instructors reported statistically significant higher perceptions than paralegal students: (1) of instructional design and course content in synchronous online paralegal courses; and (2) of technical assistance, communication, and course content in asynchronous online paralegal courses. Instructors also reported higher perceptions of the effectiveness of universal design, online instructional design, and course content in synchronous online paralegal courses than in asynchronous online paralegal courses. Paralegal students reported higher perceptions of asynchronous online paralegal course effectiveness regarding universal design than paralegal instructors. No statistically significant differences existed between paralegal students’ perceptions of the effectiveness of synchronous and asynchronous online paralegal courses. A strong, negative relationship existed between paralegal students’ age and their perceptions of effective synchronous paralegal courses, which were statistically and practically significant. Lastly, this study provided practical applicability and opportunities for future research. Akyol, Z., & Garrison, D. R. (2008). The development of a community of inquiry over time in an online course: Understanding the progression and integration of social, cognitive and teaching presence. Journal of Asynchronous Learning Networks, 12, 3-22. Retrieved from https://files.eric.ed.gov/fulltext/EJ837483.pdf Akyol, Z., Garrison, D. R., & Ozden, M. Y. (2009). Online and blended communities of inquiry: Exploring the developmental and perceptional differences. The International Review of Research in Open and Distributed Learning, 10(6), 65-83. Retrieved from http://www.irrodl.org/index.php/irrodl/article/view/765/1436 Allen, I. E., & Seaman, J. (2014). Grade change: Tracking online education in the United States. Babson Park, MA: Babson Survey Research Group and Quahog Research Group, LLC. Retrieved from https://www.utc.edu/learn/pdfs/online/sloanc-report-2014.pdf Alreck, P. L., & Settle, R. B. (2004). The Survey Research Handbook (3rd ed.) New York, NY: McGraw-Hill Irwin. 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American Journal of distance education, 15(1), 7-23. Retrieved from http://cde.athabascau.ca/coi_site/documents/Garrison_Anderson_Archer_CogPres_Final.pdf Green, S. B., & Salkind, N. J. (2005). Using SPSS for Windows and Macintosh: Internal consistency estimates of reliability. Upper Saddle River, NJ: Pearson Prentice Hall. Harrell, I. L. (2008). Increasing the Success of Online Students. Inquiry, 13(1), 36-44. Retrieved from http://files.eric.ed.gov/fulltext/EJ833911.pdf Horspool, A., & Lange, C. (2012). Applying the scholarship of teaching and learning: student perceptions, behaviours and success online and face-to-face. Assessment & Evaluation in Higher Education, 37, 73-88. doi: 10.1080/02602938.2010.496532 Inman, E., Kerwin, M., & Mayes, L. (1999). Instructor and student attitudes toward distance learning. 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Toward a learner-oriented community college online course dropout framework. International Journal on ELearning, 6(4), 519-542. https://www.learntechlib.org/j/IJEL/ Lloyd, S. A., Byrne, M. M., & McCoy, T. S. (2012). Faculty-perceived barriers of online education. Journal of online learning and teaching, 8(1), 1-12. Retrieved from http://jolt.merlot.org/vol8no1/lloyd_0312.pdf Lockee, B., Burton, J., & Potter, K. (2010, March). Organizational perspectives on quality in distance learning. In D. Gibson & B. Dodge (Eds.), Proceedings of SITE 2010—Society for Information Technology & Teacher Education International Conference (pp. 659-664). San Diego, CA: Association for the Advancement of Computing in Education (AACE). https://www.learntechlib.org/p/33419/ Lowerison, G., Sclater, J., Schmid, R. F., & Abrami, P. C. (2006). Student perceived effectiveness of computer technology use in post-secondary classrooms. Computers & Education, 47(4), 465-489. doi:10.1016/j.compedu.2004.10.014 Retrieved from https://pdfs.semanticscholar.org/fc9c/13f0187d3967217aa82cc96c188427e29ec9.pdf Martins, L. L., & Kellermanns, F. W. (2004). A model of business school students' acceptance of a web-based course management system. Academy of Management Learning & Education, 3(1), 7-26. doi: 10.5465/AMLE.2004.12436815 Mayes, J. T. (2001). Quality in an e-University. Assessment & Evaluation in Higher Education, 26, 465-473. doi:10.1080/02602930120082032 McCabe, S. (2007). A brief history of the paralegal profession. Michigan Bar Journal, 86(7), 18-21. Retrieved from https://www.michbar.org/file/barjournal/article/documents/pdf4article1177.pdf McMillan, J. H. (2008). Educational Research: Fundamentals for the customer. Boston, MA: Pearson Education, Inc. Myers, C. B., Bennett, D., Brown, G., & Henderson, T. (2004). Emerging online learning environments and student learning: An analysis of faculty perceptions. Educational Technology & Society, 7(1), 78-86. Retrieved from http://www.ifets.info/journals/7_1/9.pdf Myers, K. (2002). Distance education: A primer. Journal of Paralegal Education & Practice, 18, 57-64. Nunnaly, J. (1978). Psychometric theory. New York: McGraw-Hill. Otter, R. R., Seipel, S., Graeff, T., Alexander, B., Boraiko, C., Gray, J., Petersen, K., & Sadler, K. (2013). Comparing student and faculty perceptions of online and traditional courses. The Internet and Higher Education, 19, 27-35. doi:10.1016/j.iheduc.2013.08.001 Popham, W. J. (2000). Modern educational measurement: Practical guidelines for educational leaders. Boston, MA: Allyn & Bacon. Rich, A. J., & Dereshiwsky, M. I. (2011). Assessing the comparative effectiveness of teaching undergraduate intermediate accounting in the online classroom format. Journal of College Teaching and Learning, 8(9), 19. https://www.cluteinstitute.com/ojs/index.php/TLC/ Robinson, C., & Hullinger, H. (2008). New benchmarks in higher education: Student engagement in online learning. The Journal of Education for Business, 84(2), 101-109. Retrieved from http://anitacrawley.net/Resources/Articles/New%20Benchmarks%20in%20Higher%20Education.pdf Salkind, N. J. (2008). Statistics for people who think they hate statistics. Los Angeles, CA: Sage Publications. Santos, J. (1999, April). Cronbach's Alpha: A tool for assessing the reliability of scales. Journal of Extension, 37, 2. Retrieved from https://www.joe.org/joe/1999april/tt3.php Seok, S., DaCosta, B., Kinsell, C., & Tung, C. K. (2010). Comparison of instructors' and students' perceptions of the effectiveness of online courses. Quarterly Review of Distance Education, 11(1), 25. Retrieved from http://online.nuc.edu/ctl_en/wp-content/uploads/2015/08/Online-education-effectiviness.pdf Sheridan, K., & Kelly, M. A. (2010). The indicators of instructor presence that are important to students in online courses. 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The article reveals the international fugitives’ search procedure within the framework of the International Criminal Police Organization — Interpol, whose Charter has not been ratified by any state, but whose mechanisms allow detaining persons on the basis of an arrest warrant issued by a law enforcement agency of another state or on the basis of a «red» notice of such an organization. Interpol plays a purely informational role in this process. The issue of the detention of a person and his (her) subsequent extradition by the state in which he (she) is detained is decided independently and without the influence of Interpol. It has been established that, despite the existence of several stages of verification of information about a person submitted for placement on the Interpol’s international wanted list, it is impossible to exclude the unreasonable use of this mechanism. It should be borne in mind that the person concerned may not even know that information about him (her) is in the Interpol database. The current case pending before the EU Court of Justice (Case No. C-505/19), the decision on which may change the organization’s practice in the EU, is analyzed. In this case, the decision of the EU Court of Justice may reduce the possibilities of Interpol on the territory of this Union, and the ne bis in idem principle can indirectly go beyond the boundaries of the European integration entity. The legal remedies used in relation to the information contained in the Interpol database, which can be divided into supranational and national, are identified. Taking into account the organization’s immunity from jurisdiction, except in cases usually provided for diplomatic missions, Interpol itself can be influenced solely through its internal Commission for the Control of INTERPOL’s Files. Remedies at the national level are more diverse. For example, in the country that initiated the search, it is possible to force the National Central Bureau (NCB), which sent a request for a «red» notice, to remove such information, or to appeal against an arrest warrant. Keywords: international search, Interpol, personal integrity, judicial defense, law enforcement, wanted fugitive.

The article reveals the international fugitives’ search procedure within the framework of the International Criminal Police Organization — Interpol, whose Charter has not been ratified by any state, but whose mechanisms allow detaining persons on the basis of an arrest warrant issued by a law enforcement agency of another state or on the basis of a «red» notice of such an organization. Interpol plays a purely informational role in this process. The issue of the detention of a person and his (her) subsequent extradition by the state in which he (she) is detained is decided independently and without the influence of Interpol. It has been established that, despite the existence of several stages of verification of information about a person submitted for placement on the Interpol’s international wanted list, it is impossible to exclude the unreasonable use of this mechanism. It should be borne in mind that the person concerned may not even know that information about him (her) is in the Interpol database. The current case pending before the EU Court of Justice (Case No. C-505/19), the decision on which may change the organization’s practice in the EU, is analyzed. In this case, the decision of the EU Court of Justice may reduce the possibilities of Interpol on the territory of this Union, and the ne bis in idem principle can indirectly go beyond the boundaries of the European integration entity. The legal remedies used in relation to the information contained in the Interpol database, which can be divided into supranational and national, are identified. Taking into account the organization’s immunity from jurisdiction, except in cases usually provided for diplomatic missions, Interpol itself can be influenced solely through its internal Commission for the Control of INTERPOL’s Files. Remedies at the national level are more diverse. For example, in the country that initiated the search, it is possible to force the National Central Bureau (NCB), which sent a request for a «red» notice, to remove such information, or to appeal against an arrest warrant. Keywords: international search, Interpol, personal integrity, judicial defense, law enforcement, wanted fugitive.

Along with all the other baggage the British brought with them to Port Jackson in 1788 were laws of ownership that were totally foreign to the original inhabitants. The particular law I'll consider here is that of copyright. The result of a few hundred years of evolution, moulded by the common law and acts of Parliament, copyright protects the intellectual property of writers and artists (Saunders). It has three requirements: originality, material form and identifiable author. However, superimposed on the creative practices of the original inhabitants of Australia, copyright has proved a dismal failure. Its inability to continue its evolution means that it does not serve Indigenous Australians, whose creative practices do not fit neatly within its confines. The notions of 'rights' or 'ownership' inherent in current copyright law do not reflect, and are therefore unable to protect, Indigenous intellectual property. The limits of protection are summed up by Janke et al: '[c]ommercial interests are protected … rather than interests pertaining to cultural integrity … [r]ights are valid for a limited period … whereas under Indigenous laws, they exist in perpetuity. Individual notions of ownership are recognised, rather than the Indigenous concept of communal ownership' (Janke 1997). Practical effects of these limitations are the loss of copyright of stories written down or electronically recorded by outsiders, and the absence of special consideration for, or protection of, secret or sacred material (Janke 1997). Mansell notes that Aboriginal intellectual property rights are poorly protected by current laws be they copyright, patent, plant breeders, design laws or trademarks where 'the creative customs and practices of Aborigines' are different to those of whites, who 'emphasise the individual and provide the mechanisms for the commercialisation of an individual's activity. The traditional base of Aboriginal art forms was not created with this in mind' (Mansell 196). Indigenous cultures have their own systems for the protection of intellectual property which are predicated not on the protection of commercial advantage but on the meaning and cultural integrity of the work of art (Janke 1996 15; 1998a 4). Some of these so-called works of art are, in fact, 'law bearers'; these 'Indigenous traditional cultural productions are … legal titles to clan land' (Morris 6). Ignoring this meaning of cultural productions is a little like your bank manager framing your mortgage document or rental agreement for its aesthetic qualities, and evicting you from your house. While copyright law does acknowledge legally-defined entities like corporations or government departments as copyright holders, it is too limited in its definitions to recognise the complex familial relationships and reciprocal responsibilities of Aboriginal society. Under Indigenous laws 'individuals are differentiated in their awareness of elements of the local culture and in the way they make use of those elements depending on such things as their sex, their moiety or skin group, and their initiatory status' (Johnson 10). Given the complex nature of Indigenous attitudes to rights in and ownership of intellectual property, those concerned with questions of fairness in the administration of copyright law must take a new perspective. While copyright law appears, in the main, to have been unable to deal with a system of law which pre-dates it by thousands of years, there have recently been some tentative steps towards a recognition of Indigenous concerns. Golvan, acknowledging that much work needs to be done 'to ensure that the legal system is meaningful to Aboriginal people', sees some aspects of the judgement in the Carpets Case1 which 'show a strong determination to seek to unite Western copyright principles with the need to deal with issues of indigenous cultural harm' (Golvan 10). And, in Foster v Mountford 1976 (discussed below), Justice Muirhead noted that 'revelation of the secrets [contained in the offending book] … may undermine the social and religious stability of [the] hard-pressed community' (quoted in McDonald 24). These examples show some willingness on the part of the courts to take into account matters which fall outside of common law. While there has as yet been very little litigation regarding copyright ownership of written works, there is no reason to assume that this situation will continue. The first case of infringement of Aboriginal copyright to surface in the media occurred in 1966, when David Malangi's painting 'The Hunter' was adapted without permission as part of the design for the new one-dollar note (Johnson 13). Ten years later, the Pitjantjatjara Council was involved in litigation with Dr Mountford, 'an anthropologist who had been given information by the Pitjantjatjara people … in 1940 … about tribal sites and objects, communal legends, secrets, paintings, engravings, drawings and totemic geography' (McDonald 23). Interestingly, this particular case relied not on copyright law but on a breach of confidence as 'the material … was not protected by copyright, being material in which copyright either did not subsist, or in which copyright had expired' (23). This is a good example of the lack of protection afforded by copyright law to intellectual property of religious and spiritual significance.2 At first glance, the implications of the 1992 Mabo land rights case for publishing in Australia today might seem remote. However, some of the implications of this historic case hold the potential for a new approach to intellectual property rights which may actually serve the interests of Indigenous artists and writers. The importance to intellectual property rights of the Mabo decision lies in the fact that 'the Court held that … local law remains in place except to the extent that it may be in conflict with British law, and until it is over-ruled by the colonisers' 3 (McDonald 26). This meant that not only the myth of terra nullius was repudiated, but with it any notion that Australia was 'either a wild and lawless place or a legal blank slate. Indigenous customary law … was thereby given both recognition and validity' (26). Gray goes further than this, and states in relation to native title and Aboriginal art: 'the two in fact are quite inseparable if not exactly the same' (Gray 12). This statement strongly emphasises Morris' concerns expressed above, regarding the diminution of authority of 'cultural productions' when they are perceived as merely artistic objects. Pearson, in discussing Mabo, talks of native title as the 'recognition space' 4 between common law and Aboriginal law (Pearson 154). He points out that Aboriginal law exists, is practised is in fact a 'social reality', and adds that 'it is fictitious to assume that Aboriginal law is extinguished where the common law is unable to recognise that law' 5 (155). Recently the Australian Society of Authors (Heiss) prepared two discussion papers and a checklist for non-Indigenous writers who want to write about Indigenous culture. One of the papers, 'Australian Copyright vs Indigenous Intellectual and Cultural Property Rights', reiterates the point that the Copyright Act 1968 'as it stands is unsuited to protecting Indigenous culture'. It briefly discusses the desirability of the sharing of copyright between the Indigenous storyteller or informant and their non-Indigenous collaborator an issue I will examine in greater depth in my thesis on cross-cultural editing. A problematic practice, shared copyright deals with 'ownership' in a way that satisfies white or western conceptions but may compromise the Indigenous sense of (Indigenous) communal title to the work. The importance of effective copyright law for Indigenous Australians goes beyond the earning of royalties or the commercial 'ownership' of creative work: it refers to the protection of their cultural heritage (Heiss). One solution suggested by Janke is an amendment to 'the Copyright Act to provide moral rights (rights of attribution, no false attribution and cultural integrity)' (in Heiss). Another possible, though longer term solution, may lie in the way common law itself develops. It has evolved over time, albeit slowly, to suit the needs of the particular environment economic, technological, cultural or other in which it has to operate. As Ginsberg remarks in the context of the introduction of moral rights law to two common law countries, the US and Australia, regarding the gradual adoption of moral rights: 'a Common Law approach to moral rights … slowly builds up to the general principle from gritty examples worked out fact-by-fact. This accretion method is familiar to both our countries' legal approaches' (Ginsberg 34). This same accretion method could be used to change copyright law so that it more adequately protects Indigenous intellectual property. Whatever solution is reached, at present the copyright laws are colour-blind when presented with the complex and alien nature of Indigenous cultural practice. In the interests of reconciliation, natural justice and the integrity of Indigenous culture, reform cannot come too soon. NOTES 1. Milpurrurru v Indofurn Pty Ltd, 1995; an Australian company copied and adapted various Indigenous works of art and had them woven into carpets in Vietnam, and imported into Australia. Permission to use the designs was never sought. An award of almost $200,000 was made to the 8 artists involved, and the offending carpets were withdrawn from sale. By 1996, Indofurn had been wound up and the director declared bankrupt: the artists have not received a cent. (Janke 1998b 9). 2. Fortunately for the Pitjantjatjara elders, the court held that Mountford's book did constitute a breach of confidence. 3. 'The Court held that the rights of Indigenous inhabitants of a colony are the same as the rights of a conquered nation: local law remains in place except to the extent that it may be in conflict with British law, and until it is over-ruled by the colonisers' (McDonald 26). 4. 'Native title is therefore the space between the two systems, where there is recognition. Native title is, for want of a better formulation the recognition space between the common law and the Aboriginal law which now afforded recognition in particular circumstances' (Pearson 154). 5. However, some cases subsequent to Mabo place limitations upon the recognition of Indigenous traditional law. Justice Mason in Coe v Commonwealth of Australia (1993, at 115) stated that 'Mabo … is at odds with the notion … that [Indigenous Australians] are entitled to any rights and interest other than those created or recognised by the law of the Commonwealth, the [relevant] State… and the common law' (McDonald 2627). References Coe v Commonwealth of Australia (1993) 68 ALJR 110 Ginsberg, J. (1992). Moral Rights in a Common Law System. Moral Rights in a Copyright System. P. Anderson and D. Saunders. Brisbane, Qld: Institute for Cultural Policy Studies, Griffith University. Golvan, C. (1996). 'Aboriginal Art and Copyright.' Culture and Policy 7(3): 512. Gray, S. (1996). 'Black Enough? Urban and non-traditional Aboriginal art and proposed legislative protection for Aboriginal art.' Culture and Policy 7(3): 29-44 Heiss, A. (2001). Australian Copyright vs Indigenous Intellectual and Cultural Property Rights, Australian Society of Authors. < http://www.asauthors.org/resources> Accessed 15.08.01. Janke, T. (1996). 'Protecting Australian indigenous arts and cultural expression.' Culture and Policy 7(3): 1327. Janke, T. (1998a). Editorial. Queensland Community Arts Network News 1: 45. Janke, T. (1998b). Federal Court awards record damages to Aboriginal artists. Queensland Community Arts Network News 1: 89. Janke, T., Frankel, M. & Company, Solicitors (1997). Proposals For The Recognition and Protection of Indigenous Cultural and Intellectual Property, AIATSIS for the Indigenous Cultural and Intellectual Property Project. <http://www.icip.lawnet.com.au/> Accessed 25.4.98. Johnson, V. (1996). Copyrites: Aboriginal art in the age of reproductive technologies. Sydney, NSW: NIAAA & Macquarie University. Mansell, M. (1997). Barricading our last frontier Aboriginal cultural and intellectual propery rights. Our land is Our Life: Land rights past, present and future. G. Yunupingu. St Lucia, Qld, UQP: 195209. Milpurrurru v Indofurn Pty Ltd (1995) 30 IPR 209. Morris, C. (1998). The Responsibility of Maintaining the Oldest Continuous Culture in the World. Queensland Community Arts Network News 1: 67. Pearson, N. (1997). The Concept of Native Title at Common Law. Our Land is Our Life: Land rights past, present and future. G. Yunupingu. St Lucia, Qld, UQP: 150162. Saunders, D. (1992). Early Modern Law of Copyright in England: Statutes, courts and book cultures. Authorship and Copyright. D. Saunders. London, Routledge: 3574. Links http://www.icip.lawnet.com.au/ http://www.asauthors.org/resources Citation reference for this article MLA Style McDonnell, Margaret. "The Colour of Copyright" M/C: A Journal of Media and Culture 5.3 (2002). [your date of access] < http://www.media-culture.org.au/0207/copyright.php>. Chicago Style McDonnell, Margaret, "The Colour of Copyright" M/C: A Journal of Media and Culture 5, no. 3 (2002), < http://www.media-culture.org.au/0207/copyright.php> ([your date of access]). APA Style McDonnell, Margaret. (2002) The Colour of Copyright. M/C: A Journal of Media and Culture 5(3). < http://www.media-culture.org.au/0207/copyright.php> ([your date of access]).

A same-but-different dichotomy has recently been encapsulated within the US Food and Drug Administration’s ill-defined concept of “substantial equivalence” (USFDA, FDA). By invoking this concept the genetically modified organism (GMO) industry has escaped the rigors of safety testing that might otherwise apply. The curious concept of “substantial equivalence” grants a presumption of safety to GMO food. This presumption has yet to be earned, and has been used to constrain labelling of both GMO and non-GMO food. It is an idea that well serves corporatism. It enables the claim of difference to secure patent protection, while upholding the contrary claim of sameness to avoid labelling and safety scrutiny. It offers the best of both worlds for corporate food entrepreneurs, and delivers the worst of both worlds to consumers. The term “substantial equivalence” has established its currency within the GMO discourse. As the opportunities for patenting food technologies expand, the GMO recruitment of this concept will likely be a dress rehearsal for the developing debates on the labelling and testing of other techno-foods – including nano-foods and clone-foods. “Substantial Equivalence” “Are the Seven Commandments the same as they used to be, Benjamin?” asks Clover in George Orwell’s “Animal Farm”. By way of response, Benjamin “read out to her what was written on the wall. There was nothing there now except a single Commandment. It ran: ALL ANIMALS ARE EQUAL BUT SOME ANIMALS ARE MORE EQUAL THAN OTHERS”. After this reductionist revelation, further novel and curious events at Manor Farm, “did not seem strange” (Orwell, ch. X). Equality is a concept at the very core of mathematics, but beyond the domain of logic, equality becomes a hotly contested notion – and the domain of food is no exception. A novel food has a regulatory advantage if it can claim to be the same as an established food – a food that has proven its worth over centuries, perhaps even millennia – and thus does not trigger new, perhaps costly and onerous, testing, compliance, and even new and burdensome regulations. On the other hand, such a novel food has an intellectual property (IP) advantage only in terms of its difference. And thus there is an entrenched dissonance for newly technologised foods, between claiming sameness, and claiming difference. The same/different dilemma is erased, so some would have it, by appeal to the curious new dualist doctrine of “substantial equivalence” whereby sameness and difference are claimed simultaneously, thereby creating a win/win for corporatism, and a loss/loss for consumerism. This ground has been pioneered, and to some extent conquered, by the GMO industry. The conquest has ramifications for other cryptic food technologies, that is technologies that are invisible to the consumer and that are not evident to the consumer other than via labelling. Cryptic technologies pertaining to food include GMOs, pesticides, hormone treatments, irradiation and, most recently, manufactured nano-particles introduced into the food production and delivery stream. Genetic modification of plants was reported as early as 1984 by Horsch et al. The case of Diamond v. Chakrabarty resulted in a US Supreme Court decision that upheld the prior decision of the US Court of Customs and Patent Appeal that “the fact that micro-organisms are alive is without legal significance for purposes of the patent law”, and ruled that the “respondent’s micro-organism plainly qualifies as patentable subject matter”. This was a majority decision of nine judges, with four judges dissenting (Burger). It was this Chakrabarty judgement that has seriously opened the Pandora’s box of GMOs because patenting rights makes GMOs an attractive corporate proposition by offering potentially unique monopoly rights over food. The rear guard action against GMOs has most often focussed on health repercussions (Smith, Genetic), food security issues, and also the potential for corporate malfeasance to hide behind a cloak of secrecy citing commercial confidentiality (Smith, Seeds). Others have tilted at the foundational plank on which the economics of the GMO industry sits: “I suggest that the main concern is that we do not want a single molecule of anything we eat to contribute to, or be patented and owned by, a reckless, ruthless chemical organisation” (Grist 22). The GMO industry exhibits bipolar behaviour, invoking the concept of “substantial difference” to claim patent rights by way of “novelty”, and then claiming “substantial equivalence” when dealing with other regulatory authorities including food, drug and pesticide agencies; a case of “having their cake and eating it too” (Engdahl 8). This is a clever slight-of-rhetoric, laying claim to the best of both worlds for corporations, and the worst of both worlds for consumers. Corporations achieve patent protection and no concomitant specific regulatory oversight; while consumers pay the cost of patent monopolization, and are not necessarily apprised, by way of labelling or otherwise, that they are purchasing and eating GMOs, and thereby financing the GMO industry. The lemma of “substantial equivalence” does not bear close scrutiny. It is a fuzzy concept that lacks a tight testable definition. It is exactly this fuzziness that allows lots of wriggle room to keep GMOs out of rigorous testing regimes. Millstone et al. argue that “substantial equivalence is a pseudo-scientific concept because it is a commercial and political judgement masquerading as if it is scientific. It is moreover, inherently anti-scientific because it was created primarily to provide an excuse for not requiring biochemical or toxicological tests. It therefore serves to discourage and inhibit informative scientific research” (526). “Substantial equivalence” grants GMOs the benefit of the doubt regarding safety, and thereby leaves unexamined the ramifications for human consumer health, for farm labourer and food-processor health, for the welfare of farm animals fed a diet of GMO grain, and for the well-being of the ecosystem, both in general and in its particularities. “Substantial equivalence” was introduced into the food discourse by an Organisation for Economic Co-operation and Development (OECD) report: “safety evaluation of foods derived by modern biotechnology: concepts and principles”. It is from this document that the ongoing mantra of assumed safety of GMOs derives: “modern biotechnology … does not inherently lead to foods that are less safe … . Therefore evaluation of foods and food components obtained from organisms developed by the application of the newer techniques does not necessitate a fundamental change in established principles, nor does it require a different standard of safety” (OECD, “Safety” 10). This was at the time, and remains, an act of faith, a pro-corporatist and a post-cautionary approach. The OECD motto reveals where their priorities lean: “for a better world economy” (OECD, “Better”). The term “substantial equivalence” was preceded by the 1992 USFDA concept of “substantial similarity” (Levidow, Murphy and Carr) and was adopted from a prior usage by the US Food and Drug Agency (USFDA) where it was used pertaining to medical devices (Miller). Even GMO proponents accept that “Substantial equivalence is not intended to be a scientific formulation; it is a conceptual tool for food producers and government regulators” (Miller 1043). And there’s the rub – there is no scientific definition of “substantial equivalence”, no scientific test of proof of concept, and nor is there likely to be, since this is a ‘spinmeister’ term. And yet this is the cornerstone on which rests the presumption of safety of GMOs. Absence of evidence is taken to be evidence of absence. History suggests that this is a fraught presumption. By way of contrast, the patenting of GMOs depends on the antithesis of assumed ‘sameness’. Patenting rests on proven, scrutinised, challengeable and robust tests of difference and novelty. Lightfoot et al. report that transgenic plants exhibit “unexpected changes [that] challenge the usual assumptions of GMO equivalence and suggest genomic, proteomic and metanomic characterization of transgenics is advisable” (1). GMO Milk and Contested Labelling Pesticide company Monsanto markets the genetically engineered hormone rBST (recombinant Bovine Somatotropin; also known as: rbST; rBGH, recombinant Bovine Growth Hormone; and the brand name Prosilac) to dairy farmers who inject it into their cows to increase milk production. This product is not approved for use in many jurisdictions, including Europe, Australia, New Zealand, Canada and Japan. Even Monsanto accepts that rBST leads to mastitis (inflammation and pus in the udder) and other “cow health problems”, however, it maintains that “these problems did not occur at rates that would prohibit the use of Prosilac” (Monsanto). A European Union study identified an extensive list of health concerns of rBST use (European Commission). The US Dairy Export Council however entertain no doubt. In their background document they ask “is milk from cows treated with rBST safe?” and answer “Absolutely” (USDEC). Meanwhile, Monsanto’s website raises and answers the question: “Is the milk from cows treated with rbST any different from milk from untreated cows? No” (Monsanto). Injecting cows with genetically modified hormones to boost their milk production remains a contested practice, banned in many countries. It is the claimed equivalence that has kept consumers of US dairy products in the dark, shielded rBST dairy farmers from having to declare that their milk production is GMO-enhanced, and has inhibited non-GMO producers from declaring their milk as non-GMO, non rBST, or not hormone enhanced. This is a battle that has simmered, and sometimes raged, for a decade in the US. Finally there is a modest victory for consumers: the Pennsylvania Department of Agriculture (PDA) requires all labels used on milk products to be approved in advance by the department. The standard issued in October 2007 (PDA, “Standards”) signalled to producers that any milk labels claiming rBST-free status would be rejected. This advice was rescinded in January 2008 with new, specific, department-approved textual constructions allowed, and ensuring that any “no rBST” style claim was paired with a PDA-prescribed disclaimer (PDA, “Revised Standards”). However, parsimonious labelling is prohibited: No labeling may contain references such as ‘No Hormones’, ‘Hormone Free’, ‘Free of Hormones’, ‘No BST’, ‘Free of BST’, ‘BST Free’,’No added BST’, or any statement which indicates, implies or could be construed to mean that no natural bovine somatotropin (BST) or synthetic bovine somatotropin (rBST) are contained in or added to the product. (PDA, “Revised Standards” 3) Difference claims are prohibited: In no instance shall any label state or imply that milk from cows not treated with recombinant bovine somatotropin (rBST, rbST, RBST or rbst) differs in composition from milk or products made with milk from treated cows, or that rBST is not contained in or added to the product. If a product is represented as, or intended to be represented to consumers as, containing or produced from milk from cows not treated with rBST any labeling information must convey only a difference in farming practices or dairy herd management methods. (PDA, “Revised Standards” 3) The PDA-approved labelling text for non-GMO dairy farmers is specified as follows: ‘From cows not treated with rBST. No significant difference has been shown between milk derived from rBST-treated and non-rBST-treated cows’ or a substantial equivalent. Hereinafter, the first sentence shall be referred to as the ‘Claim’, and the second sentence shall be referred to as the ‘Disclaimer’. (PDA, “Revised Standards” 4) It is onto the non-GMO dairy farmer alone, that the costs of compliance fall. These costs include label preparation and approval, proving non-usage of GMOs, and of creating and maintaining an audit trail. In nearby Ohio a similar consumer versus corporatist pantomime is playing out. This time with the Ohio Department of Agriculture (ODA) calling the shots, and again serving the GMO industry. The ODA prescribed text allowed to non-GMO dairy farmers is “from cows not supplemented with rbST” and this is to be conjoined with the mandatory disclaimer “no significant difference has been shown between milk derived from rbST-supplemented and non-rbST supplemented cows” (Curet). These are “emergency rules”: they apply for 90 days, and are proposed as permanent. Once again, the onus is on the non-GMO dairy farmers to document and prove their claims. GMO dairy farmers face no such governmental requirements, including no disclosure requirement, and thus an asymmetric regulatory impost is placed on the non-GMO farmer which opens up new opportunities for administrative demands and technocratic harassment. Levidow et al. argue, somewhat Eurocentrically, that from its 1990s adoption “as the basis for a harmonized science-based approach to risk assessment” (26) the concept of “substantial equivalence” has “been recast in at least three ways” (58). It is true that the GMO debate has evolved differently in the US and Europe, and with other jurisdictions usually adopting intermediate positions, yet the concept persists. Levidow et al. nominate their three recastings as: firstly an “implicit redefinition” by the appending of “extra phrases in official documents”; secondly, “it has been reinterpreted, as risk assessment processes have … required more evidence of safety than before, especially in Europe”; and thirdly, “it has been demoted in the European Union regulatory procedures so that it can no longer be used to justify the claim that a risk assessment is unnecessary” (58). Romeis et al. have proposed a decision tree approach to GMO risks based on cascading tiers of risk assessment. However what remains is that the defects of the concept of “substantial equivalence” persist. Schauzu identified that: such decisions are a matter of “opinion”; that there is “no clear definition of the term ‘substantial’”; that because genetic modification “is aimed at introducing new traits into organisms, the result will always be a different combination of genes and proteins”; and that “there is no general checklist that could be followed by those who are responsible for allowing a product to be placed on the market” (2). Benchmark for Further Food Novelties? The discourse, contestation, and debate about “substantial equivalence” have largely focussed on the introduction of GMOs into food production processes. GM can best be regarded as the test case, and proof of concept, for establishing “substantial equivalence” as a benchmark for evaluating new and forthcoming food technologies. This is of concern, because the concept of “substantial equivalence” is scientific hokum, and yet its persistence, even entrenchment, within regulatory agencies may be a harbinger of forthcoming same-but-different debates for nanotechnology and other future bioengineering. The appeal of “substantial equivalence” has been a brake on the creation of GMO-specific regulations and on rigorous GMO testing. The food nanotechnology industry can be expected to look to the precedent of the GMO debate to head off specific nano-regulations and nano-testing. As cloning becomes economically viable, then this may be another wave of food innovation that muddies the regulatory waters with the confused – and ultimately self-contradictory – concept of “substantial equivalence”. Nanotechnology engineers particles in the size range 1 to 100 nanometres – a nanometre is one billionth of a metre. This is interesting for manufacturers because at this size chemicals behave differently, or as the Australian Office of Nanotechnology expresses it, “new functionalities are obtained” (AON). Globally, government expenditure on nanotechnology research reached US$4.6 billion in 2006 (Roco 3.12). While there are now many patents (ETC Group; Roco), regulation specific to nanoparticles is lacking (Bowman and Hodge; Miller and Senjen). The USFDA advises that nano-manufacturers “must show a reasonable assurance of safety … or substantial equivalence” (FDA). A recent inventory of nano-products already on the market identified 580 products. Of these 11.4% were categorised as “Food and Beverage” (WWICS). This is at a time when public confidence in regulatory bodies is declining (HRA). In an Australian consumer survey on nanotechnology, 65% of respondents indicated they were concerned about “unknown and long term side effects”, and 71% agreed that it is important “to know if products are made with nanotechnology” (MARS 22). Cloned animals are currently more expensive to produce than traditional animal progeny. In the course of 678 pages, the USFDA Animal Cloning: A Draft Risk Assessment has not a single mention of “substantial equivalence”. However the Federation of Animal Science Societies (FASS) in its single page “Statement in Support of USFDA’s Risk Assessment Conclusion That Food from Cloned Animals Is Safe for Human Consumption” states that “FASS endorses the use of this comparative evaluation process as the foundation of establishing substantial equivalence of any food being evaluated. It must be emphasized that it is the food product itself that should be the focus of the evaluation rather than the technology used to generate cloned animals” (FASS 1). Contrary to the FASS derogation of the importance of process in food production, for consumers both the process and provenance of production is an important and integral aspect of a food product’s value and identity. Some consumers will legitimately insist that their Kalamata olives are from Greece, or their balsamic vinegar is from Modena. It was the British public’s growing awareness that their sugar was being produced by slave labour that enabled the boycotting of the product, and ultimately the outlawing of slavery (Hochschild). When consumers boycott Nestle, because of past or present marketing practices, or boycott produce of USA because of, for example, US foreign policy or animal welfare concerns, they are distinguishing the food based on the narrative of the food, the production process and/or production context which are a part of the identity of the food. Consumers attribute value to food based on production process and provenance information (Paull). Products produced by slave labour, by child labour, by political prisoners, by means of torture, theft, immoral, unethical or unsustainable practices are different from their alternatives. The process of production is a part of the identity of a product and consumers are increasingly interested in food narrative. It requires vigilance to ensure that these narratives are delivered with the product to the consumer, and are neither lost nor suppressed. Throughout the GM debate, the organic sector has successfully skirted the “substantial equivalence” debate by excluding GMOs from the certified organic food production process. This GMO-exclusion from the organic food stream is the one reprieve available to consumers worldwide who are keen to avoid GMOs in their diet. The organic industry carries the expectation of providing food produced without artificial pesticides and fertilizers, and by extension, without GMOs. Most recently, the Soil Association, the leading organic certifier in the UK, claims to be the first organisation in the world to exclude manufactured nonoparticles from their products (Soil Association). There has been the call that engineered nanoparticles be excluded from organic standards worldwide, given that there is no mandatory safety testing and no compulsory labelling in place (Paull and Lyons). The twisted rhetoric of oxymorons does not make the ideal foundation for policy. Setting food policy on the shifting sands of “substantial equivalence” seems foolhardy when we consider the potentially profound ramifications of globally mass marketing a dysfunctional food. If there is a 2×2 matrix of terms – “substantial equivalence”, substantial difference, insubstantial equivalence, insubstantial difference – while only one corner of this matrix is engaged for food policy, and while the elements remain matters of opinion rather than being testable by science, or by some other regime, then the public is the dupe, and potentially the victim. “Substantial equivalence” has served the GMO corporates well and the public poorly, and this asymmetry is slated to escalate if nano-food and clone-food are also folded into the “substantial equivalence” paradigm. Only in Orwellian Newspeak is war peace, or is same different. It is time to jettison the pseudo-scientific doctrine of “substantial equivalence”, as a convenient oxymoron, and embrace full disclosure of provenance, process and difference, so that consumers are not collateral in a continuing asymmetric knowledge war. References Australian Office of Nanotechnology (AON). 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Boca Raton, FL: CRC Press, 2007.Romeis, Jorg, Detlef Bartsch, Franz Bigler, Marco Candolfi, Marco Gielkins, et al. “Assessment of Risk of Insect-Resistant Transgenic Crops to Nontarget Arthropods.” Nature Biotechnology 26.2 (Feb. 2008): 203-208.Schauzu, Marianna. “The Concept of Substantial Equivalence in Safety Assessment of Food Derived from Genetically Modified Organisms.” AgBiotechNet 2 (Apr. 2000): 1-4.Soil Association. “Soil Association First Organisation in the World to Ban Nanoparticles – Potentially Toxic Beauty Products That Get Right under Your Skin.” London: Soil Association, 17 Jan. 2008. 24 Apr. 2008 < http://www.soilassociation.org/web/sa/saweb.nsf/848d689047 cb466780256a6b00298980/42308d944a3088a6802573d100351790!OpenDocument >.Smith, Jeffrey. Genetic Roulette: The Documented Health Risks of Genetically Engineered Foods. Fairfield, Iowa: Yes! Books, 2007.———. Seeds of Deception. Melbourne: Scribe, 2004.U.S. Dairy Export Council (USDEC). 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From elephants to ABBA fans, silicon to hormone, the following discussion uses a new research method to look at printed text, motion pictures and a teenage rebel icon. If by ‘print’ we mean a mechanically reproduced impression of a cultural symbol in a medium, then printing has been with us since before microdot security prints were painted onto cars, before voice prints, laser prints, network servers, record pressings, motion picture prints, photo prints, colour woodblock prints, before books, textile prints, and footprints. If we accept that higher mammals such as elephants have a learnt culture, then it is possible to extend a definition of printing beyond Homo sapiens. Poole reports that elephants mechanically trumpet reproductions of human car horns into the air surrounding their society. If nothing else, this cross-species, cross-cultural reproduction, this ‘ability to mimic’ is ‘another sign of their intelligence’. Observation of child development suggests that the first significant meaningful ‘impression’ made on the human mind is that of the face of the child’s nurturer – usually its mother. The baby’s mind forms an ‘impression’, a mental print, a reproducible memory data set, of the nurturer’s face, voice, smell, touch, etc. That face is itself a cultural construct: hair style, makeup, piercings, tattoos, ornaments, nutrition-influenced skin and smell, perfume, temperature and voice. A mentally reproducible pattern of a unique face is formed in the mind, and we use that pattern to distinguish ‘familiar and strange’ in our expanding social orbit. The social relations of patterned memory – of imprinting – determine the extent to which we explore our world (armed with research aids such as text print) or whether we turn to violence or self-harm (Bretherton). While our cultural artifacts (such as vellum maps or networked voice message servers) bravely extend our significant patterns into the social world and the traversed environment, it is useful to remember that such artifacts, including print, are themselves understood by our original pattern-reproduction and impression system – the human mind, developed in childhood. The ‘print’ is brought to mind differently in different discourses. For a reader, a ‘print’ is a book, a memo or a broadsheet, whether it is the Indian Buddhist Sanskrit texts ordered to be printed in 593 AD by the Chinese emperor Sui Wen-ti (Silk Road) or the US Defense Department memo authorizing lower ranks to torture the prisoners taken by the Bush administration (Sanchez, cited in ABC). Other fields see prints differently. For a musician, a ‘print’ may be the sheet music which spread classical and popular music around the world; it may be a ‘record’ (as in a ‘recording’ session), where sound is impressed to wax, vinyl, charged silicon particles, or the alloys (Smith, “Elpida”) of an mp3 file. For the fine artist, a ‘print’ may be any mechanically reproduced two-dimensional (or embossed) impression of a significant image in media from paper to metal, textile to ceramics. ‘Print’ embraces the Japanese Ukiyo-e colour prints of Utamaro, the company logos that wink from credit card holographs, the early photographs of Talbot, and the textured patterns printed into neolithic ceramics. Computer hardware engineers print computational circuits. Homicide detectives investigate both sweaty finger prints and the repeated, mechanical gaits of suspects, which are imprinted into the earthy medium of a crime scene. For film makers, the ‘print’ may refer to a photochemical polyester reproduction of a motion picture artifact (the reel of ‘celluloid’), or a DVD laser disc impression of the same film. Textualist discourse has borrowed the word ‘print’ to mean ‘text’, so ‘print’ may also refer to the text elements within the vision track of a motion picture: the film’s opening titles, or texts photographed inside the motion picture story such as the sword-cut ‘Z’ in Zorro (Niblo). Before the invention of writing, the main mechanically reproduced impression of a cultural symbol in a medium was the humble footprint in the sand. The footprints of tribes – and neighbouring animals – cut tracks in the vegetation and the soil. Printed tracks led towards food, water, shelter, enemies and friends. Having learnt to pattern certain faces into their mental world, children grew older and were educated in the footprints of family and clan, enemies and food. The continuous impression of significant foot traffic in the medium of the earth produced the lines between significant nodes of prewriting and pre-wheeled cultures. These tracks were married to audio tracks, such as the song lines of the Australian Aborigines, or the ballads of tramping culture everywhere. A typical tramping song has the line, ‘There’s a track winding back to an old-fashion shack along the road to Gundagai,’ (O’Hagan), although this colonial-style song was actually written for radio and became an international hit on the airwaves, rather than the tramping trails. The printed tracks impressed by these cultural flows are highly contested and diverse, and their foot prints are woven into our very language. The names for printed tracks have entered our shared memory from the intersection of many cultures: ‘Track’ is a Germanic word entering English usage comparatively late (1470) and now used mainly in audio visual cultural reproduction, as in ‘soundtrack’. ‘Trek’ is a Dutch word for ‘track’ now used mainly by ecotourists and science fiction fans. ‘Learn’ is a Proto-Indo-European word: the verb ‘learn’ originally meant ‘to find a track’ back in the days when ‘learn’ had a noun form which meant ‘the sole of the foot’. ‘Tract’ and ‘trace’ are Latin words entering English print usage before 1374 and now used mainly in religious, and electronic surveillance, cultural reproduction. ‘Trench’ in 1386 was a French path cut through a forest. ‘Sagacity’ in English print in 1548 was originally the ability to track or hunt, in Proto-Indo-European cultures. ‘Career’ (in English before 1534) was the print made by chariots in ancient Rome. ‘Sleuth’ (1200) was a Norse noun for a track. ‘Investigation’ (1436) was Latin for studying a footprint (Harper). The arrival of symbolic writing scratched on caves, hearth stones, and trees (the original meaning of ‘book’ is tree), brought extremely limited text education close to home. Then, with baked clay tablets, incised boards, slate, bamboo, tortoise shell, cast metal, bark cloth, textiles, vellum, and – later – paper, a portability came to text that allowed any culture to venture away from known ‘foot’ paths with a reduction in the risk of becoming lost and perishing. So began the world of maps, memos, bills of sale, philosophic treatises and epic mythologies. Some of this was printed, such as the mechanical reproduction of coins, but the fine handwriting required of long, extended, portable texts could not be printed until the invention of paper in China about 2000 years ago. Compared to lithic architecture and genes, portable text is a fragile medium, and little survives from the millennia of its innovators. The printing of large non-text designs onto bark-paper and textiles began in neolithic times, but Sui Wen-ti’s imperial memo of 593 AD gives us the earliest written date for printed books, although we can assume they had been published for many years previously. The printed book was a combination of Indian philosophic thought, wood carving, ink chemistry and Chinese paper. The earliest surviving fragment of paper-print technology is ‘Mantras of the Dharani Sutra’, a Buddhist scripture written in the Sanskrit language of the Indian subcontinent, unearthed at an early Tang Dynasty site in Xian, China – making the fragment a veteran piece of printing, in the sense that Sanskrit books had been in print for at least a century by the early Tang Dynasty (Chinese Graphic Arts Net). At first, paper books were printed with page-size carved wooden boards. Five hundred years later, Pi Sheng (c.1041) baked individual reusable ceramic characters in a fire and invented the durable moveable type of modern printing (Silk Road 2000). Abandoning carved wooden tablets, the ‘digitizing’ of Chinese moveable type sped up the production of printed texts. In turn, Pi Sheng’s flexible, rapid, sustainable printing process expanded the political-cultural impact of the literati in Asian society. Digitized block text on paper produced a bureaucratic, literate elite so powerful in Asia that Louis XVI of France copied China’s print-based Confucian system of political authority for his own empire, and so began the rise of the examined public university systems, and the civil service systems, of most European states (Watson, Visions). By reason of its durability, its rapid mechanical reproduction, its culturally agreed signs, literate readership, revered authorship, shared ideology, and distributed portability, a ‘print’ can be a powerful cultural network which builds and expands empires. But print also attacks and destroys empires. A case in point is the Spanish conquest of Aztec America: The Aztecs had immense libraries of American literature on bark-cloth scrolls, a technology which predated paper. These libraries were wiped out by the invading Spanish, who carried a different book before them (Ewins). In the industrial age, the printing press and the gun were seen as the weapons of rebellions everywhere. In 1776, American rebels staffed their ‘Homeland Security’ units with paper makers, knowing that defeating the English would be based on printed and written documents (Hahn). Mao Zedong was a book librarian; Mao said political power came out of the barrel of a gun, but Mao himself came out of a library. With the spread of wireless networked servers, political ferment comes out of the barrel of the cell phone and the internet chat room these days. Witness the cell phone displays of a plane hitting a tower that appear immediately after 9/11 in the Middle East, or witness the show trials of a few US and UK lower ranks who published prints of their torturing activities onto the internet: only lower ranks who published prints were arrested or tried. The control of secure servers and satellites is the new press. These days, we live in a global library of burning books – ‘burning’ in the sense that ‘print’ is now a charged silicon medium (Smith, “Intel”) which is usually made readable by connecting the chip to nuclear reactors and petrochemically-fired power stations. World resources burn as we read our screens. Men, women, children burn too, as we watch our infotainment news in comfort while ‘their’ flickering dead faces are printed in our broadcast hearths. The print we watch is not the living; it is the voodoo of the living in the blackout behind the camera, engaging the blood sacrifice of the tormented and the unfortunate. Internet texts are also ‘on fire’ in the third sense of their fragility and instability as a medium: data bases regularly ‘print’ fail-safe copies in an attempt to postpone the inevitable mechanical, chemical and electrical failure that awaits all electronic media in time. Print defines a moral position for everyone. In reporting conflict, in deciding to go to press or censor, any ‘print’ cannot avoid an ethical context, starting with the fact that there is a difference in power between print maker, armed perpetrators, the weak, the peaceful, the publisher, and the viewer. So many human factors attend a text, video or voice ‘print’: its very existence as an aesthetic object, even before publication and reception, speaks of unbalanced, and therefore dynamic, power relationships. For example, Graham Greene departed unscathed from all the highly dangerous battlefields he entered as a novelist: Riot-torn Germany, London Blitz, Belgian Congo, Voodoo Haiti, Vietnam, Panama, Reagan’s Washington, and mafia Europe. His texts are peopled with the injustices of the less fortunate of the twentieth century, while he himself was a member of the fortunate (if not happy) elite, as is anyone today who has the luxury of time to read Greene’s works for pleasure. Ethically a member of London and Paris’ colonizers, Greene’s best writing still electrifies, perhaps partly because he was in the same line of fire as the victims he shared bread with. In fact, Greene hoped daily that he would escape from the dreadful conflicts he fictionalized via a body bag or an urn of ashes (see Sherry). In reading an author’s biography we have one window on the ethical dimensions of authority and print. If a print’s aesthetics are sometimes enduring, its ethical relationships are always mutable. Take the stylized logo of a running athlete: four limbs bent in a rotation of action. This dynamic icon has symbolized ‘good health’ in Hindu and Buddhist culture, from Madras to Tokyo, for thousands of years. The cross of bent limbs was borrowed for the militarized health programs of 1930s Germany, and, because of what was only a brief, recent, isolated yet monstrously horrific segment of its history in print, the bent-limbed swastika is now a vilified symbol in the West. The sign remains ‘impressed’ differently on traditional Eastern culture, and without the taint of Nazism. Dramatic prints are emotionally charged because, in depicting Homo sapiens in danger, or passionately in love, they elicit a hormonal reaction from the reader, the viewer, or the audience. The type of emotions triggered by a print vary across the whole gamut of human chemistry. A recent study of three genres of motion picture prints shows a marked differences in the hormonal responses of men compared to women when viewing a romance, an actioner, and a documentary (see Schultheiss, Wirth, and Stanton). Society is biochemically diverse in its engagement with printed culture, which raises questions about equality in the arts. Motion picture prints probably comprise around one third of internet traffic, in the form of stolen digitized movie files pirated across the globe via peer-to-peer file transfer networks (p2p), and burnt as DVD laser prints (BBC). There is also a US 40 billion dollar per annum legitimate commerce in DVD laser pressings (Grassl), which would suggest an US 80 billion per annum world total in legitimate laser disc print culture. The actively screen literate, or the ‘sliterati’ as I prefer to call them, research this world of motion picture prints via their peers, their internet information channels, their television programming, and their web forums. Most of this activity occurs outside the ambit of universities and schools. One large site of sliterate (screen literate) practice outside most schooling and official research is the net of online forums at imdb.com (International Movie Data Base). Imdb.com ‘prints’ about 25,000,000 top pages per month to client browsers. Hundreds of sliterati forums are located at imdb, including a forum for the Australian movie, Muriel’s Wedding (Hogan). Ten years after the release of Muriel’s Wedding, young people who are concerned with victimization and bullying still log on to http://us.imdb.com/title/tt0110598/board/> and put their thoughts into print: I still feel so bad for Muriel in the beginning of the movie, when the girls ‘dump’ her, and how much the poor girl cried and cried! Those girls were such biartches…I love how they got their comeuppance! bunniesormaybemidgets’s comment is typical of the current discussion. Muriel’s Wedding was a very popular film in its first cinema edition in Australia and elsewhere. About 30% of the entire over-14 Australian population went to see this photochemical polyester print in the cinemas on its first release. A decade on, the distributors printed a DVD laser disc edition. The story concerns Muriel (played by Toni Collette), the unemployed daughter of a corrupt, ‘police state’ politician. Muriel is bullied by her peers and she withdraws into a fantasy world, deluding herself that a white wedding will rescue her from the torments of her blighted life. Through theft and deceit (the modus operandi of her father) Muriel escapes to the entertainment industry and finds a ‘wicked’ girlfriend mentor. From a rebellious position of stubborn independence, Muriel plays out her fantasy. She gets her white wedding, before seeing both her father and her new married life as hollow shams which have goaded her abandoned mother to suicide. Redefining her life as a ‘game’ and assuming responsibility for her independence, Muriel turns her back on the mainstream, image-conscious, female gang of her oppressed youth. Muriel leaves the story, having rekindled her friendship with her rebel mentor. My methodological approach to viewing the laser disc print was to first make a more accessible, coded record of the entire movie. I was able to code and record the print in real time, using a new metalanguage (Watson, “Eyes”). The advantage of Coding is that ‘thinks’ the same way as film making, it does not sidetrack the analyst into prose. The Code splits the movie print into Vision Action [vision graphic elements, including text] (sound) The Coding splits the vision track into normal action and graphic elements, such as text, so this Coding is an ideal method for extracting all the text elements of a film in real time. After playing the film once, I had four and a half tightly packed pages of the coded story, including all its text elements in square brackets. Being a unique, indexed hard copy, the Coded copy allowed me immediate access to any point of the Muriel’s Wedding saga without having to search the DVD laser print. How are ‘print’ elements used in Muriel’s Wedding? Firstly, a rose-coloured monoprint of Muriel Heslop’s smiling face stares enigmatically from the plastic surface of the DVD picture disc. The print is a still photo captured from her smile as she walked down the aisle of her white wedding. In this print, Toni Collette is the Mona Lisa of Australian culture, except that fans of Muriel’s Wedding know the meaning of that smile is a magical combination of the actor’s art: the smile is both the flush of dreams come true and the frightening self deception that will kill her mother. Inserting and playing the disc, the text-dominant menu appears, and the film commences with the text-dominant opening titles. Text and titles confer a legitimacy on a work, whether it is a trade mark of the laser print owners, or the household names of stars. Text titles confer status relationships on both the presenters of the cultural artifact and the viewer who has entered into a legal license agreement with the owners of the movie. A title makes us comfortable, because the mind always seeks to name the unfamiliar, and a set of text titles does that job for us so that we can navigate the ‘tracks’ and settle into our engagement with the unfamiliar. The apparent ‘truth’ and ‘stability’ of printed text calms our fears and beguiles our uncertainties. Muriel attends the white wedding of a school bully bride, wearing a leopard print dress she has stolen. Muriel’s spotted wild animal print contrasts with the pure white handmade dress of the bride. In Muriel’s leopard textile print, we have the wild, rebellious, impoverished, inappropriate intrusion into the social ritual and fantasy of her high-status tormentor. An off-duty store detective recognizes the printed dress and calls the police. The police are themselves distinguished by their blue-and-white checked prints and other mechanically reproduced impressions of cultural symbols: in steel, brass, embroidery, leather and plastics. Muriel is driven in the police car past the stenciled town sign (‘Welcome To Porpoise Spit’ heads a paragraph of small print). She is delivered to her father, a politician who presides over the policing of his town. In a state where the judiciary, police and executive are hijacked by the same tyrant, Muriel’s father, Bill, pays off the police constables with a carton of legal drugs (beer) and Muriel must face her father’s wrath, which he proceeds to transfer to his detested wife. Like his daughter, the father also wears a spotted brown print costume, but his is a batik print from neighbouring Indonesia (incidentally, in a nation that takes the political status of its batik prints very seriously). Bill demands that Muriel find the receipt for the leopard print dress she claims she has purchased. The legitimate ownership of the object is enmeshed with a printed receipt, the printed evidence of trade. The law (and the paramilitary power behind the law) are legitimized, or contested, by the presence or absence of printed text. Muriel hides in her bedroom, surround by poster prints of the pop group ABBA. Torn-out prints of other people’s weddings adorn her mirror. Her face is embossed with the clown-like primary colours of the marionette as she lifts a bouquet to her chin and stares into the real time ‘print’ of her mirror image. Bill takes the opportunity of a business meeting with Japanese investors to feed his entire family at ‘Charlie Chan’’s restaurant. Muriel’s middle sister sloppily wears her father’s state election tee shirt, printed with the text: ‘Vote 1, Bill Heslop. You can’t stop progress.’ The text sets up two ironic gags that are paid off on the dialogue track: “He lost,’ we are told. ‘Progress’ turns out to be funding the concreting of a beach. Bill berates his daughter Muriel: she has no chance of becoming a printer’s apprentice and she has failed a typing course. Her dysfunction in printed text has been covered up by Bill: he has bribed the typing teacher to issue a printed diploma to his daughter. In the gambling saloon of the club, under the arrays of mechanically repeated cultural symbols lit above the poker machines (‘A’ for ace, ‘Q’ for queen, etc.), Bill’s secret girlfriend Diedre risks giving Muriel a cosmetics job. Another text icon in lights announces the surf nightclub ‘Breakers’. Tania, the newly married queen bitch who has made Muriel’s teenage years a living hell, breaks up with her husband, deciding to cash in his negotiable text documents – his Bali honeymoon tickets – and go on an island holiday with her girlfriends instead. Text documents are the enduring site of agreements between people and also the site of mutations to those agreements. Tania dumps Muriel, who sobs and sobs. Sobs are a mechanical, percussive reproduction impressed on the sound track. Returning home, we discover that Muriel’s older brother has failed a printed test and been rejected for police recruitment. There is a high incidence of print illiteracy in the Heslop family. Mrs Heslop (Jeannie Drynan), for instance, regularly has trouble at the post office. Muriel sees a chance to escape the oppression of her family by tricking her mother into giving her a blank cheque. Here is the confluence of the legitimacy of a bank’s printed negotiable document with the risk and freedom of a blank space for rebel Muriel’s handwriting. Unable to type, her handwriting has the power to steal every cent of her father’s savings. She leaves home and spends the family’s savings at an island resort. On the island, the text print-challenged Muriel dances to a recording (sound print) of ABBA, her hand gestures emphasizing her bewigged face, which is made up in an impression of her pop idol. Her imitation of her goddesses – the ABBA women, her only hope in a real world of people who hate or avoid her – is accompanied by her goddesses’ voices singing: ‘the mystery book on the shelf is always repeating itself.’ Before jpeg and gif image downloads, we had postcard prints and snail mail. Muriel sends a postcard to her family, lying about her ‘success’ in the cosmetics business. The printed missal is clutched by her father Bill (Bill Hunter), who proclaims about his daughter, ‘you can’t type but you really impress me’. Meanwhile, on Hibiscus Island, Muriel lies under a moonlit palm tree with her newly found mentor, ‘bad girl’ Ronda (Rachel Griffiths). In this critical scene, where foolish Muriel opens her heart’s yearnings to a confidante she can finally trust, the director and DP have chosen to shoot a flat, high contrast blue filtered image. The visual result is very much like the semiabstract Japanese Ukiyo-e woodblock prints by Utamaro. This Japanese printing style informed the rise of European modern painting (Monet, Van Gogh, Picasso, etc., were all important collectors and students of Ukiyo-e prints). The above print and text elements in Muriel’s Wedding take us 27 minutes into her story, as recorded on a single page of real-time handwritten Coding. Although not discussed here, the Coding recorded the complete film – a total of 106 minutes of text elements and main graphic elements – as four pages of Code. Referring to this Coding some weeks after it was made, I looked up the final code on page four: taxi [food of the sea] bq. Translation: a shop sign whizzes past in the film’s background, as Muriel and Ronda leave Porpoise Spit in a taxi. Over their heads the text ‘Food Of The Sea’ flashes. We are reminded that Muriel and Ronda are mermaids, fantastic creatures sprung from the brow of author PJ Hogan, and illuminated even today in the pantheon of women’s coming-of-age art works. That the movie is relevant ten years on is evidenced by the current usage of the Muriel’s Wedding online forum, an intersection of wider discussions by sliterate women on imdb.com who, like Muriel, are observers (and in some cases victims) of horrific pressure from ambitious female gangs and bullies. Text is always a minor element in a motion picture (unless it is a subtitled foreign film) and text usually whizzes by subliminally while viewing a film. By Coding the work for [text], all the text nuances made by the film makers come to light. While I have viewed Muriel’s Wedding on many occasions, it has only been in Coding it specifically for text that I have noticed that Muriel is a representative of that vast class of talented youth who are discriminated against by print (as in text) educators who cannot offer her a life-affirming identity in the English classroom. Severely depressed at school, and failing to type or get a printer’s apprenticeship, Muriel finds paid work (and hence, freedom, life, identity, independence) working in her audio visual printed medium of choice: a video store in a new city. Muriel found a sliterate admirer at the video store but she later dumped him for her fantasy man, before leaving him too. One of the points of conjecture on the imdb Muriel’s Wedding site is, did Muriel (in the unwritten future) get back together with admirer Brice Nobes? That we will never know. While a print forms a track that tells us where culture has been, a print cannot be the future, a print is never animate reality. At the end of any trail of prints, one must lift one’s head from the last impression, and negotiate satisfaction in the happening world. References Australian Broadcasting Corporation. “Memo Shows US General Approved Interrogations.” 30 Mar. 2005 http://www.abc.net.au>. British Broadcasting Commission. “Films ‘Fuel Online File-Sharing’.’’ 22 Feb. 2005 http://news.bbc.co.uk/1/hi/technology/3890527.stm>. Bretherton, I. “The Origins of Attachment Theory: John Bowlby and Mary Ainsworth.” 1994. 23 Jan. 2005 http://www.psy.med.br/livros/autores/bowlby/bowlby.pdf>. Bunniesormaybemidgets. Chat Room Comment. “What Did Those Girls Do to Rhonda?” 28 Mar. 2005 http://us.imdb.com/title/tt0110598/board/>. Chinese Graphic Arts Net. Mantras of the Dharani Sutra. 20 Feb. 2005 http://www.cgan.com/english/english/cpg/engcp10.htm>. Ewins, R. Barkcloth and the Origins of Paper. 1991. 20 Feb. 2005 http://www.justpacific.com/pacific/papers/barkcloth~paper.html>. Grassl K.R. The DVD Statistical Report. 14 Mar. 2005 http://www.corbell.com>. Hahn, C. M. The Topic Is Paper. 20 Feb. 2005 http://www.nystamp.org/Topic_is_paper.html>. Harper, D. Online Etymology Dictionary. 14 Mar. 2005 http://www.etymonline.com/>. Mask of Zorro, The. Screenplay by J McCulley. UA, 1920. Muriel’s Wedding. Dir. PJ Hogan. Perf. Toni Collette, Rachel Griffiths, Bill Hunter, and Jeannie Drynan. Village Roadshow, 1994. O’Hagan, Jack. On The Road to Gundagai. 1922. 2 Apr. 2005 http://ingeb.org/songs/roadtogu.html>. Poole, J.H., P.L. Tyack, A.S. Stoeger-Horwath, and S. Watwood. “Animal Behaviour: Elephants Are Capable of Vocal Learning.” Nature 24 Mar. 2005. Sanchez, R. “Interrogation and Counter-Resistance Policy.” 14 Sept. 2003. 30 Mar. 2005 http://www.abc.net.au>. Schultheiss, O.C., M.M. Wirth, and S.J. Stanton. “Effects of Affiliation and Power Motivation Arousal on Salivary Progesterone and Testosterone.” Hormones and Behavior 46 (2005). Sherry, N. The Life of Graham Greene. 3 vols. London: Jonathan Cape 2004, 1994, 1989. Silk Road. Printing. 2000. 20 Feb. 2005 http://www.silk-road.com/artl/printing.shtml>. Smith, T. “Elpida Licenses ‘DVD on a Chip’ Memory Tech.” The Register 20 Feb. 2005 http://www.theregister.co.uk/2005/02>. —. “Intel Boffins Build First Continuous Beam Silicon Laser.” The Register 20 Feb. 2005 http://www.theregister.co.uk/2005/02>. Watson, R. S. “Eyes And Ears: Dramatic Memory Slicing and Salable Media Content.” Innovation and Speculation, ed. Brad Haseman. Brisbane: QUT. [in press] Watson, R. S. Visions. Melbourne: Curriculum Corporation, 1994. Citation reference for this article MLA Style Watson, Robert. "E-Press and Oppress: Audio Visual Print Drama, Identity, Text and Motion Picture Rebellion." M/C Journal 8.2 (2005). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0506/08-watson.php>. APA Style Watson, R. (Jun. 2005) "E-Press and Oppress: Audio Visual Print Drama, Identity, Text and Motion Picture Rebellion," M/C Journal, 8(2). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0506/08-watson.php>.

Photo by Mehdi Imani on Unsplash ABSTRACT Non-Profit and Non-Governmental Organizations (NPOs/NGOs) often receive research funds from private for-profit corporations through Corporate Social Responsibility (CSR). Harm industries such as tobacco and alcohol have utilized this opportunity to clear themselves of any blame in contributing to the disease burden, thus obscuring the real danger of their products. The association of public health institutions with such harmful industries has given rise to both financial and non-financial Conflicts of Interest (COIs). To resolve conflicts that arise out of this association, institutions have sought prohibition and full disclosure models. This article highlights the necessity to expand conflict of interest and include industries of implicit harm (fast fashion, mining, cosmetics, and sugary drinks) and not limit itself to just tobacco and alcohol. Simultaneously, the article underlines the hurdles in such an expansion. In conclusion, the article provides a hybrid model for conflict assessment that attempts to account for the limitations of a prohibition model as well as a full disclosure model. INTRODUCTION As public health research lacks funding, corporations fill a funding gap by allocating money to non-governmental organizations and non-profits.[1] However, the financial involvement of private corporations in public health research raises questions about conflicts of interest and research integrity.[2] Conflicts of interest must be a consideration in the philosophical framework that public health institutions ought to adopt. The recent focus on promoting a “socially conscious capitalistic environment” has led to the inception of corporate social responsibility[3] or an obligation of corporations to address social concerns their products or operations might bring about. Corporations engage in responsible actions to improve transparency and be more accountable for their actions.[4] Some corporations are motivated to be good corporate citizens through ethically profitable practices; they recognize a self-imposed obligation to use their resources to protect, and benefit society and they adhere to a social contract.[5] Corporate social responsibility has strong parallels with entrepreneurial philanthropy. By investing in research, that benefits the socio-economically disadvantaged, social responsibility initiatives further social goals.[6] There are two distinct problems with corporate social responsibility models: First, they attempt (but fail) to make up for a poor corporate endeavor like selling cigarettes. Some companies abuse their responsibilities and produce unhealthy goods or engage in practices that are contrary to social good. Furthermore, their philanthropic engagement may be ill-motivated. It enables them to access the socio-political domain, benefit from tax breaks, and profit directly from the “generosity” label without changing their core practices.[7] Second, corporate social responsibility leads to conflicts of interest in public research. Corporations fund public health research as a way to “act” responsible and to further a social goal.[8] Corporations that fund research at academic institutions, and non-profits pose financial conflicts of interest.[9] l. Conflict of Interest: Funding Effect and Ethical Engagement Arguably, tobacco and alcohol industries are in stark contrast to the goals of public health.[10] Their involvement in and contribution towards public health research may be motivated by a desire to improve their reputation. Harm industries engaging in public health research create a fundamental ethical tension.[11] Many scholars have defined conflict of interest in a variety of ways. In this article, we take the definition of conflict of interest as "a set of circumstances that creates a risk that professional judgement or actions regarding a primary interest will be unduly influenced by a secondary or a competing interest" [12] Thus, a financial conflict of interest occurs when funding leads to the risk of compromising the research project that is financed by the corporation. "Funding Effect" was coined after a study showed significant differences in research outcomes of private and public-funded drug efficiency safety studies.[13] Private-industry-sponsored research produced commercially favorable outcomes in comparison to publicly sponsored studies.[14] Research sponsored by the tobacco industry had scientists produce biased data, often making the best case for industrial interests.[15] Receiving funds from for-profit corporations has also led to reduced dissemination of unfavorable results and under-reporting of negative findings.[16] There is not enough research to assess the value of corporate funding to those in academics.[17] Qualitative and quantitative empirical research may help shape best practices when engaging with private corporations. Corporate social responsibility creates an illusion of righteousness. Tobacco companies have funded public health research designed to influence tobacco control policies.[18] Corporations have used research to further the narrative that personal responsibility plays an outsized role in alcohol consumption, thereby ignoring the social determinants of addiction and programs that include alcohol supply reduction.[19] A similar narrative has pervaded the sugary drinks discussion.[20] While there are many considerations, there is no homogenous policy to help tackle conflicts of interest in public health research.[21] Academic journals mandate declaring financial conflicts of interest. [22] However, declarations should attempt to incorporate an institutional view of values and not restrict themselves to personal convictions. Rather than approaching each conflict of interest and using declarations, journals should evaluate conflicts of interest in terms of risk. Such an evaluation also would address embedded research practices that may appear ethical on the surface but represent unrecognized bias.[23] The Mohammed Ali effect is a good example of this phenomenon. Self-reporting of ethical research behavior by scientists is under representative of actual occurrences of misconduct simply because peers are held to different standards than self.[24] ll. The Prohibition Model – A Deontological Framework The prohibition model discards any research in association with industries that would create a conflict of interest.[25] Academic institutions or journals that prohibit research by industry limit the ability of harm industries to engage in philanthropic public health research that may reflect pro-industry bias. The non-association with harm industries draws from Kant’s categorical imperative. In From the Groundwork of the Metaphysics of Morals, Kant[26] believes that moral behavior exists a priori. If we consider ethics a posteriori, we only deal with what we ‘already did,’ which is not the basis for a moral system. In a Kantian analysis, non-association with harm industries is the starting point of ethical behavior. Furthermore, in Metaphysics of Morals, Kant[27] outlines the motivations to act. He posits that ethical actions are motivated by duty and not by self-interest or immediate inclination. Thus, the prohibition model grounds itself in strong ethical imperatives. However, it would limit public health research funding. lll. The Disclosure Model: Conflicts of Interest are Inevitable The disclosure model claims that transparent disclosure procedures are enough to manage conflicts of interest. Often, a placating response to any concern is the disclosure of otherwise unavailable information.[28] Any disclosure should include enough information about the nature, scope, duration, and monetary forces within the for-profit organizational web to allow institutions to assess the risk to their own reputation of engaging in partnership or publishing research conducted by corporations.[29] In addition to transparency, disclosure allows for weighing risks and benefits by assessing proportionality. The proportionality principle requires that the benefits of the association or accepting funds from for-profits be great to justify the conflict of interest.[30] As a result of full disclosure, there is scope for increased accountability from private corporations and public health scholars to ensure that values are upheld throughout the association. However, disclosure is not always effective as it does not prevent or remedy a conflict of interest.[31] Disclosure rests on a presumption of wrongdoing and can deter prospective corporate engagement in public health research. However, the risk of deterring research participation is not a concern strong enough to loosen the values a public health institution must strive to achieve. Values such as transparency, proportionality, precautionary measures, and accountability make it easier to navigate disclosure requirements. Disclosure as a standalone method is not a foolproof technique.[32] Thus, a tailor-made model that can switch between the prohibition model and the disclosure model on a case-by-case basis might be more effective. Furthermore, academics need to ensure reasonable confidence that corporations would disclose financial conflicts of interest as the disclosure requirement often acts on an honor system. In case of non-compliance, either terminating the ties or establishing a legal recourse could be sought as alternatives. lV. The Case for Expanding the Definition of Conflicts of Interests Many industries are explicitly harmful to people. Tobacco and alcohol corporations engage in actions and create products that work against the ideals of public health. Industries like fast fashion, cosmetics, and many others that are seemingly harmless contribute significantly to the deterioration of public health through their treatment of workers, environmental impacts, and lobbying efforts that include relaxing laws meant to protect consumers and workers. The fashion industry produces large amounts of inexpensive clothing by outsourcing labor to lower- and middle-income countries,[33] creating environmental and occupational hazards for their citizens. Many countries lack institutional structures to prevent abuse of workers.[34] Fast fashion also leads to the production of solid waste that ends up in landfills with no efficient mechanism for its disposal.[35] The cosmetic industry releases a great number of micro-plastics into aquatic systems through face products which lead to a shift in their chemical composition.[36] The gambling industry harms health as gambling is addictive and can financially harm individuals, families, and interpersonal relationships.[37] The mining industry has occupational hazards such as inhaling of toxic substances as well as environmental hazards.[38] The sugary drink industry increases the burden of obesity, diabetes, and cardiovascular disease.[39] A prohibition model works well with industries that explicitly harm. Thus, non-association with the tobacco and alcohol industry becomes obvious. The difficulty in deciphering conflict of interest through association arises when public health institutions are looking to expand their non-association to industries of implicit harm. When looking to expand non-association into industries such as mining, fast fashion, sugary drinks, etc., we need to move away from a one-size-fits-all approach. Disclosure is not enough as it does not resolve the risk of bias; it merely provides transparency. Yet, a prohibition model would require academic institutions and journals to research funding relationships as well as harmful practices and would lead to less funding for research. V. The Traffic Light Model: A tailor-made hybrid of prohibition and disclosure Academic institutions, non-profits, and public health organizations might shape market practices and unearth latent intentions to contradict the social determinants of health if they are able to eliminate bias in public health research. This section presents a hybrid model for conflict-of-interest assessment and resolution that takes the metaphor of a traffic light. Figure 1 represents a schematic of the hybrid. Figure 1: A Schematic of the Traffic Light Hybrid As the schematic represents, industries that project values against public health, such as tobacco and alcohol, fall under the red light and hence can be put under non-association, i.e., the prohibition model. Expanding non-association to industries implicit in their harms, such as fast fashion, sugary drinks, mining, companies that exploit labor, would require us to proceed with the disclosure model. As mentioned before, disclosure would require assessing the conflict of interest in terms of proportionality, transparency, accountability, and ensuring that the precautionary principle has been met. Providing a legal recourse at every significant point during research might be helpful to eliminate conflicts that surface during the intermediate stages of research. The entire disclosure model falls under the yellow light urging us to go slow and err on the side of caution. The green light comprises pro-public health values corporations and exercises impactful operational methods that do not devalue public health goals. However, this should not be taken for face value. Any suspicion of conflict must be dealt with disclosure, and risk-based assessment should precede every funding decision. The three categories serve as a starting point for public health researchers to invest more in building a framework that helps assess such conflicts. Conflicts of interest are rather dynamic and require constant attention. Examining research practices and funder objectives is crucial. The impact of private corporations on public health research needs to be widely discussed in the academic community. Although the hybrid provides a starting point in designing a more dynamic and flexible framework, the presence of an institutional conflict of interest policy and committee with independent review and oversight of research is also a necessity.[40] Considering decreased federal funding, scholars have argued the necessity for corporate funding. Besides meeting the financial demand, corporate funding has brought in benefits such as employment opportunities, access to otherwise unavailable tools and technology, and turning academic research into commercially viable practice.[41] Although the goals of public health research, such as the creation of public goods, affordable and safe housing, access to vaccines, etc., may seem utilitarian, it is important to understand that corporations influence research practices that are more deontological in nature. Research integrity has to do with ethical conduct of research and shaping best practices. Thus, an efficient way to deal with research practice and bias is by invoking the Kantian categorical imperative grounded in procedural ethics rather than consequentialist ethics. A Kantian perspective allows considering conflicts of interest as an institutional value. In addition to focusing on individual research practices, public health institutions need to develop an institutional conflict of interest framework where the values of a public health institution shape corporate engagement. Another closely related discourse that has a significant bearing on corporate involvement is commercial determinants of health. It considers corporations as contributors to disease burden and holds them as part of a structural problem.[42] By shaping research practices and investing in designing conflicts of interest policies, public health institutions can redefine the narrative of accountability. By actively evaluating financial links within the corporation and assessing risks of bias and influence in research, public health institutions can check the power imbalance that corporations tend to misuse.[43] More importantly, furthering a narrative that defines disease burden in terms of corporate contribution signals support to those who fight against the injustices perpetrated by large-scale corporations. People from lower- and middle-income countries and several indigenous communities have been forced out of their neighborhoods for corporate expansion.[44] As a public health institution, it is important to support vulnerable groups outpowered and forced into poor living conditions by global corporations. CONCLUSION The consumption of tobacco, alcohol, polluting motor vehicles, and other products of disease-promoting corporations have presented a significant struggle in improving public health. Engaging with such corporations through corporate social responsibility ventures into the highly contentious ethical territory. From a fundamental difference in the values endorsed, for-profit corporations present a conflict of interest in public health research. Public health institutions should be wary of the influence of corporate funding provided through social responsibility programs. Academic bias and the use of corporate social responsibility as a backdoor to legitimizing questionable practices are problematic. The prohibition and disclosure models independently do not perform efficiently against the dynamic nature of conflicts of interest. The hybrid model for institutional conflict-of-interest policy incorporates both the prohibition and disclosure models and allows for switching between them on a case-by-case basis. Managing corporate power requires dealing with conflict of interests broadly and as a risk-susceptibility issue rather than an occurrence issue. - [1] Denier, Y. (2008). Mind the gap! Three Approaches to Scarcity in Health Care. Medicine, Health Care and Philosophy, 11(1), 73-87. [2] Gupta, A., Holla, R., & Suri, S. (2015). Conflict of Interest in Public Health: Should There be a Law to Prevent It? Indian J Med Ethics, 12(3), 172-7. [3] de Vries, H. (2016). Invited Commentary: Corporate Social Responsibility and Public Health: An Unwanted Marriage; Resnik, D. B. (2019). Institutional Conflicts of Interest in Academic Research. Science and Engineering Ethics, 25(6), 1661-1669. [4] Lee, K., & Bialous, S. A. (2006). Corporate Social Responsibility: Serious Cause for Concern. Tobacco Control, 15(6), 419-419. [5] Macassa, G., da Cruz Francisco, J., & McGrath, C. (2017). Corporate social responsibility and population health. Health Science Journal, 11(5), 1-6. [6] Harvey, C., Gordon, J., & Maclean, M. (2021). The Ethics of Entrepreneurial Philanthropy. Journal of Business Ethics, 171(1), 33-49. [7] Harvey, C., Gordon, J., & Maclean, M. (2021). The Ethics of Entrepreneurial Philanthropy. Journal of Business Ethics, 171(1), 33-49. [8] Resnik, D. B. (2019). Institutional Conflicts of Interest in Academic Research. Science and Engineering Ethics, 25(6), 1661-1669. [9] Royo Bordonada, M., & García López, F. (2018). What Is and What Is Not a Conflict of Interest in Public Health Research. European Journal of Public Health, 28(suppl_4), cky213-750. [10] de Vries, H. (2016). Invited Commentary: Corporate Social Responsibility and Public Health: An Unwanted Marriage. [11] Lee, K., & Bialous, S. A. (2006). Corporate Social Responsibility: Serious Cause for Concern. Tobacco Control, 15(6), 419-419. [12] Gupta, A., Holla, R., & Suri, S. (2015). Conflict of Interest In Public Health: Should There Be A Law To Prevent It?. Indian J Med Ethics, 12(3), 172-7. [13] Krimsky, S. (2013). Do Financial Conflicts of Interest Bias Research? An Inquiry into The “Funding Effect” Hypothesis. Science, Technology, & Human Values, 38(4), 566-587. [14] Ibid. [15] Ibid. [16] Nakkash, R. T., Mugharbil, S., Alaouié, H., & Afifi, R. A. (2017). Attitudes of Public Health Academics Toward Receiving Funds from For-Profit Corporations: A Systematic Review. Public Health Ethics, 10(3), 298-303. [17] Nakkash, R. T., Mugharbil, S., Alaouié, H., & Afifi, R. A. (2017). Attitudes of Public Health Academics Toward Receiving Funds From For-Profit Corporations: A Systematic Review. Public Health Ethics, 10(3), 298-303. (An attempt to review the research failed as there was not data on the “Attitudes of Public Health Academics towards receiving funds from for-profit corporations.”) [18] de Vries, H. (2016). Invited Commentary: Corporate Social Responsibility and Public Health: An Unwanted Marriage. [19] Yoon, S., & Lam, T. H. (2013). The illusion of Righteousness: Corporate Social Responsibility Practices Of The Alcohol Industry. BMC Public Health, 13(1), 1-11. [20] Gupta, A., Holla, R., & Suri, S. (2015). Conflict of interest in Public Health: Should There Be A Law To Prevent It?. Indian J Med Ethics, 12(3), 172-7. [21] Shamoo, A. S., & Resnik, D. B. (2015). Responsible Conduct of Research (3rd ed.). New York: Oxford University Press. [22] Resnik, D. B. (2019). Institutional Conflicts of Interest in Academic Research. Science And Engineering Ethics, 25(6), 1661-1669. [23] Field, M. J., & Lo, B. (Eds.). (2009). Conflict of Interest in Medical Research, Education, And Practice. [24] Fanelli, D. (2009). How Many Scientists Fabricate and Falsify Research? A Systematic Review and Meta-Analysis Of Survey Data. PloS one, 4(5), e5738. [25] Field, M. J., & Lo, B. (Eds.). (2009). Conflict of Interest in Medical Research, Education, and Practice. [26] Kant, I. (2008). Groundwork for the Metaphysics of Morals. Yale University Press. [27] Kant, I. (2008). Groundwork for the Metaphysics of Morals. Yale University Press. [28] Field, M. J., & Lo, B. (Eds.). (2009). Conflict of Interest In Medical Research, Education, And Practice. [29] IbId. [30] Childress, James F., R. Gaare Bernheim, R. J. Bonnie, and A. L. Melnick. "Introduction: A Framework For Public Health Ethics." Essentials Of Public Health Ethics 1 (2015): 1-20. [31] Fleishman, J. L. (1981). The Disclosure Model and Its Limitations. Hastings Center Report, 15-17. [32] Ibid. [33] Bick, R., Halsey, E., & Ekenga, C. C. (2018). The Global Environmental Injustice of Fast Fashion. Environmental Health, 17(1), 1-4. [34] Anguelov, N. (2015). The Dirty Side of The Garment Industry: Fast Fashion and Its Negative Impact on Environment and Society. CRC Press. [35] Wicker, A. Fast Fashion Is Creating an Environmental Crisis. Newsweek. September 1, 2016; Available from: https://www.newsweek.com/2016/09/ 09/old-clothes-fashion-waste-crisis-494824.html. Accessed 13 Aug 2021 [36] Alabi, O. A., Ologbonjaye, K. I., Awosolu, O., & Alalade, O. E. (2019). Public and Environmental Health Effects of Plastic Wastes Disposal: A Review. J Toxicol Risk Assess, 5(021), 1-13. [37] Wardle, H., Reith, G., Langham, E., & Rogers, R. D. (2019). Gambling and Public Health: We Need Policy Action to Prevent Harm. BMJ, 365. [38] Hendryx, M. (2015). The Public Health Impacts of Surface Coal Mining. The Extractive Industries and Society, 2(4), 820-826. [39] Flynn, A., & Okuonzi, S. A. (2016). Coca-Cola's Multifaceted Threat to Global Public Health. The Lancet, 387(10013), 25. [40] Resnik, D. B. (2019). Institutional Conflicts of Interest in Academic Research. Science And Engineering Ethics, 25(6), 1661-1669. [41] Bayer, R., & Sampat, B. N. (2016). Corporate Funding for Schools of Public Health: Confronting the Ethical and Economic Challenges. American Journal of Public Health, 106(4), 615-618. [42] McKee, M., & Stuckler, D. (2018). Revisiting The Corporate and Commercial Determinants of Health. American Journal of Public Health, 108(9), 1167-1170. [43] Daube, M. (2018). Shining a Light on Industry Research Funding. American Journal of Public Health, 108(11), 1441. [44] Munarriz, G. (2008). Rhetoric and Reality: The World Bank Development Policies, Mining Corporations, and Indigenous Communities in Latin America. International Community Law Review, 10(4), 431-443.

Hayes and Williams’ Family Law, now in its sixth edition, provides critical and case-focused discussion of the key legislation and debates affecting adults and children. The volume takes a critical approach to the subject and includes ‘talking points’ and focused ‘discussion questions’ throughout each chapter which highlight areas of debate or controversy. The introductory chapter within this edition provides a discussion of the law’s understanding of ‘family’ and the extent to which this has changed over time, a detailed overview of the meaning of private and family life within Article 8 of the ECHR, and a discussion of the Family Justice Review and subsequent developments. Part 1 of this edition, supplemented by the ‘Latest Developments’ section, outlines the most up-to-date statistics on the incidence of marriage, civil partnerships and divorce, discusses recent case law on the validity of marriage such as Hayatleh v Mofdy [2017] EWCA Civ 70 and K v K (Nullity: Bigamous Marriage) [2016] EWHC 3380 (Fam), and highlights the recent Supreme Court decision (In the Matter of an Application by Denise Brewster for Judicial Review (Northern Ireland) [2017] 1 WLR 519) on the pension rights of unmarried cohabitants. It also considers the litigation concerning the prohibition of opposite-sex civil partnership registration from the judgment of the Court of Appeal in Steinfeld and Keidan v Secretary of State for Education [2017] EWCA Civ 81 to the important decision of the Supreme Court in R (on the application of Steinfeld and Keidan) (Application) v Secretary of State for International Development (in substitution for the Home Secretary and the Education Secretary) [2018] UKSC 32. This edition also provides an in-depth discussion of the recent Supreme Court decision in Owens v Owens [2018] UKSC 41 regarding the grounds for divorce and includes discussion of Thakkar v Thakkar [2016] EWHC 2488 (Fam) on the divorce procedure. Further, this edition also considers the flurry of cases in the area of financial provision on divorce such as Waggott v Waggott [2018] EWCA Civ 722; TAB v FC (Short Marriage: Needs: Stockpiling) [2016] EWHC 3285; FF v KF [2017] EWHC 1903 (Fam); BD v FD (Financial Remedies: Needs) [2016] EWHC 594 (Fam); Juffali v Juffali [2016] EWHC 1684 (Fam); AAZ v BBZ [2016] EWHC 3234 (Fam); Scatliffe v Scatliffe [2016] UKPC 36; WM v HM [2017] EWFC 25; Hart v Hart [2017] EWCA Civ 1306; Sharp v Sharp [2017] EWCA Civ 408; Work v Gray [2017] EWCA Civ 270, and Birch v Birch [2017] UKSC 53. It also considers the recent decision of the Supreme Court in Mills v Mills [2018] UKSC 38 concerning post-divorce maintenance obligations between former partners, and the Privy Council decision in Marr v Collie [2017] UKPC 17 relating to the joint name purchase by a cohabiting couple of investment property.Part 2 focuses on child law, examining the law on parenthood and parental responsibility, including the parental child support obligation. This edition includes discussion of new case law on provision of child maintenance by way of global financial orders (AB v CD (Jurisdiction: Global Maintenance Orders)[2017] EWHC 3164), new case law and legislative/policy developments on section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders transferring legal parenthood in surrogacy arrangements), and new cases on removing and restricting parental responsibility (Re A and B (Children: Restrictions on Parental Responsibility: Radicalisation and Extremism) [2016] EWFC 40 and Re B and C (Change of Names: Parental Responsibility: Evidence) [2017] EWHC 3250 (Fam)). Orders regulating the exercise of parental responsibility are also examined, and this edition updates the discussion with an account of the new Practice Direction 12J (on contact and domestic abuse), and controversial case law addressing the tension between the paramountcy of the child’s welfare and the protected interests of a parent in the context of a transgender father’s application for contact with his children (Re M (Children) [2017] EWCA Civ 2164). Part 2 also examines the issue of international child abduction, including in this edition the Supreme Court’s latest decision, on the issue of repudiatory retention (Re C (Children) [2018] UKSC 8). In the public law, this edition discusses the Supreme Court’s clarification of the nature and scope of local authority accommodation under section 20 of the Children Act 1989 (Williams v London Borough of Hackney [2018] UKSC 37). In the law of adoption, several new cases involving children who have been relinquished by parents for adoption are examined (Re JL & AO (Babies Relinquished for Adoption),[2016] EWHC 440 (Fam) and see also Re M and N (Twins: Relinquished Babies: Parentage) [2017] EWFC 31, Re TJ (Relinquished Baby: Sibling Contact) [2017] EWFC 6, and Re RA (Baby Relinquished for Adoption: Final Hearing)) [2016] EWFC 47).

Nationalism: Past as Prologue began as a single volume being compiled by Ad Akande, a scholar from South Africa, who proposed it to me as co-author about two years ago. The original idea was to examine how the damaging roots of nationalism have been corroding political systems around the world, and creating dangerous obstacles for necessary international cooperation. Since I (Bruce E. Johansen) has written profusely about climate change (global warming, a.k.a. infrared forcing), I suggested a concerted effort in that direction. This is a worldwide existential threat that affects every living thing on Earth. It often compounds upon itself, so delays in reducing emissions of fossil fuels are shortening the amount of time remaining to eliminate the use of fossil fuels to preserve a livable planet. Nationalism often impedes solutions to this problem (among many others), as nations place their singular needs above the common good. Our initial proposal got around, and abstracts on many subjects arrived. Within a few weeks, we had enough good material for a 100,000-word book. The book then fattened to two moderate volumes and then to four two very hefty tomes. We tried several different titles as good submissions swelled. We also discovered that our best contributors were experts in their fields, which ranged the world. We settled on three stand-alone books:” 1/ nationalism and racial justice. Our first volume grew as the growth of Black Lives Matter following the brutal killing of George Floyd ignited protests over police brutality and other issues during 2020, following the police assassination of Floyd in Minneapolis. It is estimated that more people took part in protests of police brutality during the summer of 2020 than any other series of marches in United States history. This includes upheavals during the 1960s over racial issues and against the war in Southeast Asia (notably Vietnam). We choose a volume on racism because it is one of nationalism’s main motive forces. This volume provides a worldwide array of work on nationalism’s growth in various countries, usually by authors residing in them, or in the United States with ethnic ties to the nation being examined, often recent immigrants to the United States from them. Our roster of contributors comprises a small United Nations of insightful, well-written research and commentary from Indonesia, New Zealand, Australia, China, India, South Africa, France, Portugal, Estonia, Hungary, Russia, Poland, Kazakhstan, Georgia, and the United States. Volume 2 (this one) describes and analyzes nationalism, by country, around the world, except for the United States; and 3/material directly related to President Donald Trump, and the United States. The first volume is under consideration at the Texas A & M University Press. The other two are under contract to Nova Science Publishers (which includes social sciences). These three volumes may be used individually or as a set. Environmental material is taken up in appropriate places in each of the three books. * * * * * What became the United States of America has been strongly nationalist since the English of present-day Massachusetts and Jamestown first hit North America’s eastern shores. The country propelled itself across North America with the self-serving ideology of “manifest destiny” for four centuries before Donald Trump came along. Anyone who believes that a Trumpian affection for deportation of “illegals” is a new thing ought to take a look at immigration and deportation statistics in Adam Goodman’s The Deportation Machine: America’s Long History of Deporting Immigrants (Princeton University Press, 2020). Between 1920 and 2018, the United States deported 56.3 million people, compared with 51.7 million who were granted legal immigration status during the same dates. Nearly nine of ten deportees were Mexican (Nolan, 2020, 83). This kind of nationalism, has become an assassin of democracy as well as an impediment to solving global problems. Paul Krugman wrote in the New York Times (2019:A-25): that “In their 2018 book, How Democracies Die, the political scientists Steven Levitsky and Daniel Ziblatt documented how this process has played out in many countries, from Vladimir Putin’s Russia, to Recep Erdogan’s Turkey, to Viktor Orban’s Hungary. Add to these India’s Narendra Modi, China’s Xi Jinping, and the United States’ Donald Trump, among others. Bit by bit, the guardrails of democracy have been torn down, as institutions meant to serve the public became tools of ruling parties and self-serving ideologies, weaponized to punish and intimidate opposition parties’ opponents. On paper, these countries are still democracies; in practice, they have become one-party regimes….And it’s happening here [the United States] as we speak. If you are not worried about the future of American democracy, you aren’t paying attention” (Krugmam, 2019, A-25). We are reminded continuously that the late Carl Sagan, one of our most insightful scientific public intellectuals, had an interesting theory about highly developed civilizations. Given the number of stars and planets that must exist in the vast reaches of the universe, he said, there must be other highly developed and organized forms of life. Distance may keep us from making physical contact, but Sagan said that another reason we may never be on speaking terms with another intelligent race is (judging from our own example) could be their penchant for destroying themselves in relatively short order after reaching technological complexity. This book’s chapters, introduction, and conclusion examine the worldwide rise of partisan nationalism and the damage it has wrought on the worldwide pursuit of solutions for issues requiring worldwide scope, such scientific co-operation public health and others, mixing analysis of both. We use both historical description and analysis. This analysis concludes with a description of why we must avoid the isolating nature of nationalism that isolates people and encourages separation if we are to deal with issues of world-wide concern, and to maintain a sustainable, survivable Earth, placing the dominant political movement of our time against the Earth’s existential crises. Our contributors, all experts in their fields, each have assumed responsibility for a country, or two if they are related. This work entwines themes of worldwide concern with the political growth of nationalism because leaders with such a worldview are disinclined to co-operate internationally at a time when nations must find ways to solve common problems, such as the climate crisis. Inability to cooperate at this stage may doom everyone, eventually, to an overheated, stormy future plagued by droughts and deluges portending shortages of food and other essential commodities, meanwhile destroying large coastal urban areas because of rising sea levels. Future historians may look back at our time and wonder why as well as how our world succumbed to isolating nationalism at a time when time was so short for cooperative intervention which is crucial for survival of a sustainable earth. Pride in language and culture is salubrious to individuals’ sense of history and identity. Excess nationalism that prevents international co-operation on harmful worldwide maladies is quite another. As Pope Francis has pointed out: For all of our connectivity due to expansion of social media, ability to communicate can breed contempt as well as mutual trust. “For all our hyper-connectivity,” said Francis, “We witnessed a fragmentation that made it more difficult to resolve problems that affect us all” (Horowitz, 2020, A-12). The pope’s encyclical, titled “Brothers All,” also said: “The forces of myopic, extremist, resentful, and aggressive nationalism are on the rise.” The pope’s document also advocates support for migrants, as well as resistance to nationalist and tribal populism. Francis broadened his critique to the role of market capitalism, as well as nationalism has failed the peoples of the world when they need co-operation and solidarity in the face of the world-wide corona virus pandemic. Humankind needs to unite into “a new sense of the human family [Fratelli Tutti, “Brothers All”], that rejects war at all costs” (Pope, 2020, 6-A). Our journey takes us first to Russia, with the able eye and honed expertise of Richard D. Anderson, Jr. who teaches as UCLA and publishes on the subject of his chapter: “Putin, Russian identity, and Russia’s conduct at home and abroad.” Readers should find Dr. Anderson’s analysis fascinating because Vladimir Putin, the singular leader of Russian foreign and domestic policy these days (and perhaps for the rest of his life, given how malleable Russia’s Constitution has become) may be a short man physically, but has high ambitions. One of these involves restoring the old Russian (and Soviet) empire, which would involve re-subjugating a number of nations that broke off as the old order dissolved about 30 years ago. President (shall we say czar?) Putin also has international ambitions, notably by destabilizing the United States, where election meddling has become a specialty. The sight of Putin and U.S. president Donald Trump, two very rich men (Putin $70-$200 billion; Trump $2.5 billion), nuzzling in friendship would probably set Thomas Jefferson and Vladimir Lenin spinning in their graves. The road of history can take some unanticipated twists and turns. Consider Poland, from which we have an expert native analysis in chapter 2, Bartosz Hlebowicz, who is a Polish anthropologist and journalist. His piece is titled “Lawless and Unjust: How to Quickly Make Your Own Country a Puppet State Run by a Group of Hoodlums – the Hopeless Case of Poland (2015–2020).” When I visited Poland to teach and lecture twice between 2006 and 2008, most people seemed to be walking on air induced by freedom to conduct their own affairs to an unusual degree for a state usually squeezed between nationalists in Germany and Russia. What did the Poles then do in a couple of decades? Read Hlebowicz’ chapter and decide. It certainly isn’t soft-bellied liberalism. In Chapter 3, with Bruce E. Johansen, we visit China’s western provinces, the lands of Tibet as well as the Uighurs and other Muslims in the Xinjiang region, who would most assuredly resent being characterized as being possessed by the Chinese of the Han to the east. As a student of Native American history, I had never before thought of the Tibetans and Uighurs as Native peoples struggling against the Independence-minded peoples of a land that is called an adjunct of China on most of our maps. The random act of sitting next to a young woman on an Air India flight out of Hyderabad, bound for New Delhi taught me that the Tibetans had something to share with the Lakota, the Iroquois, and hundreds of other Native American states and nations in North America. Active resistance to Chinese rule lasted into the mid-nineteenth century, and continues today in a subversive manner, even in song, as I learned in 2018 when I acted as a foreign adjudicator on a Ph.D. dissertation by a Tibetan student at the University of Madras (in what is now in a city called Chennai), in southwestern India on resistance in song during Tibet’s recent history. Tibet is one of very few places on Earth where a young dissident can get shot to death for singing a song that troubles China’s Quest for Lebensraum. The situation in Xinjiang region, where close to a million Muslims have been interned in “reeducation” camps surrounded with brick walls and barbed wire. They sing, too. Come with us and hear the music. Back to Europe now, in Chapter 4, to Portugal and Spain, we find a break in the general pattern of nationalism. Portugal has been more progressive governmentally than most. Spain varies from a liberal majority to military coups, a pattern which has been exported to Latin America. A situation such as this can make use of the term “populism” problematic, because general usage in our time usually ties the word into a right-wing connotative straightjacket. “Populism” can be used to describe progressive (left-wing) insurgencies as well. José Pinto, who is native to Portugal and also researches and writes in Spanish as well as English, in “Populism in Portugal and Spain: a Real Neighbourhood?” provides insight into these historical paradoxes. Hungary shares some historical inclinations with Poland (above). Both emerged from Soviet dominance in an air of developing freedom and multicultural diversity after the Berlin Wall fell and the Soviet Union collapsed. Then, gradually at first, right wing-forces began to tighten up, stripping structures supporting popular freedom, from the courts, mass media, and other institutions. In Chapter 5, Bernard Tamas, in “From Youth Movement to Right-Liberal Wing Authoritarianism: The Rise of Fidesz and the Decline of Hungarian Democracy” puts the renewed growth of political and social repression into a context of worldwide nationalism. Tamas, an associate professor of political science at Valdosta State University, has been a postdoctoral fellow at Harvard University and a Fulbright scholar at the Central European University in Budapest, Hungary. His books include From Dissident to Party Politics: The Struggle for Democracy in Post-Communist Hungary (2007). Bear in mind that not everyone shares Orbán’s vision of what will make this nation great, again. On graffiti-covered walls in Budapest, Runes (traditional Hungarian script) has been found that read “Orbán is a motherfucker” (Mikanowski, 2019, 58). Also in Europe, in Chapter 6, Professor Ronan Le Coadic, of the University of Rennes, Rennes, France, in “Is There a Revival of French Nationalism?” Stating this title in the form of a question is quite appropriate because France’s nationalistic shift has built and ebbed several times during the last few decades. For a time after 2000, it came close to assuming the role of a substantial minority, only to ebb after that. In 2017, the candidate of the National Front reached the second round of the French presidential election. This was the second time this nationalist party reached the second round of the presidential election in the history of the Fifth Republic. In 2002, however, Jean-Marie Le Pen had only obtained 17.79% of the votes, while fifteen years later his daughter, Marine Le Pen, almost doubled her father's record, reaching 33.90% of the votes cast. Moreover, in the 2019 European elections, re-named Rassemblement National obtained the largest number of votes of all French political formations and can therefore boast of being "the leading party in France.” The brutality of oppressive nationalism may be expressed in personal relationships, such as child abuse. While Indonesia and Aotearoa [the Maoris’ name for New Zealand] hold very different ranks in the United Nations Human Development Programme assessments, where Indonesia is classified as a medium development country and Aotearoa New Zealand as a very high development country. In Chapter 7, “Domestic Violence Against Women in Indonesia and Aotearoa New Zealand: Making Sense of Differences and Similarities” co-authors, in Chapter 8, Mandy Morgan and Dr. Elli N. Hayati, from New Zealand and Indonesia respectively, found that despite their socio-economic differences, one in three women in each country experience physical or sexual intimate partner violence over their lifetime. In this chapter ther authors aim to deepen understandings of domestic violence through discussion of the socio-economic and demographic characteristics of theit countries to address domestic violence alongside studies of women’s attitudes to gender norms and experiences of intimate partner violence. One of the most surprising and upsetting scholarly journeys that a North American student may take involves Adolf Hitler’s comments on oppression of American Indians and Blacks as he imagined the construction of the Nazi state, a genesis of nationalism that is all but unknown in the United States of America, traced in this volume (Chapter 8) by co-editor Johansen. Beginning in Mein Kampf, during the 1920s, Hitler explicitly used the westward expansion of the United States across North America as a model and justification for Nazi conquest and anticipated colonization by Germans of what the Nazis called the “wild East” – the Slavic nations of Poland, the Baltic states, Ukraine, and Russia, most of which were under control of the Soviet Union. The Volga River (in Russia) was styled by Hitler as the Germans’ Mississippi, and covered wagons were readied for the German “manifest destiny” of imprisoning, eradicating, and replacing peoples the Nazis deemed inferior, all with direct references to events in North America during the previous century. At the same time, with no sense of contradiction, the Nazis partook of a long-standing German romanticism of Native Americans. One of Goebbels’ less propitious schemes was to confer honorary Aryan status on Native American tribes, in the hope that they would rise up against their oppressors. U.S. racial attitudes were “evidence [to the Nazis] that America was evolving in the right direction, despite its specious rhetoric about equality.” Ming Xie, originally from Beijing, in the People’s Republic of China, in Chapter 9, “News Coverage and Public Perceptions of the Social Credit System in China,” writes that The State Council of China in 2014 announced “that a nationwide social credit system would be established” in China. “Under this system, individuals, private companies, social organizations, and governmental agencies are assigned a score which will be calculated based on their trustworthiness and daily actions such as transaction history, professional conduct, obedience to law, corruption, tax evasion, and academic plagiarism.” The “nationalism” in this case is that of the state over the individual. China has 1.4 billion people; this system takes their measure for the purpose of state control. Once fully operational, control will be more subtle. People who are subject to it, through modern technology (most often smart phones) will prompt many people to self-censor. Orwell, modernized, might write: “Your smart phone is watching you.” Ming Xie holds two Ph.Ds, one in Public Administration from University of Nebraska at Omaha and another in Cultural Anthropology from the Chinese Academy of Social Sciences, Beijing, where she also worked for more than 10 years at a national think tank in the same institution. While there she summarized news from non-Chinese sources for senior members of the Chinese Communist Party. Ming is presently an assistant professor at the Department of Political Science and Criminal Justice, West Texas A&M University. In Chapter 10, analyzing native peoples and nationhood, Barbara Alice Mann, Professor of Honours at the University of Toledo, in “Divide, et Impera: The Self-Genocide Game” details ways in which European-American invaders deprive the conquered of their sense of nationhood as part of a subjugation system that amounts to genocide, rubbing out their languages and cultures -- and ultimately forcing the native peoples to assimilate on their own, for survival in a culture that is foreign to them. Mann is one of Native American Studies’ most acute critics of conquests’ contradictions, and an author who retrieves Native history with a powerful sense of voice and purpose, having authored roughly a dozen books and numerous book chapters, among many other works, who has traveled around the world lecturing and publishing on many subjects. Nalanda Roy and S. Mae Pedron in Chapter 11, “Understanding the Face of Humanity: The Rohingya Genocide.” describe one of the largest forced migrations in the history of the human race, the removal of 700,000 to 800,000 Muslims from Buddhist Myanmar to Bangladesh, which itself is already one of the most crowded and impoverished nations on Earth. With about 150 million people packed into an area the size of Nebraska and Iowa (population less than a tenth that of Bangladesh, a country that is losing land steadily to rising sea levels and erosion of the Ganges river delta. The Rohingyas’ refugee camp has been squeezed onto a gigantic, eroding, muddy slope that contains nearly no vegetation. However, Bangladesh is majority Muslim, so while the Rohingya may starve, they won’t be shot to death by marauding armies. Both authors of this exquisite (and excruciating) account teach at Georgia Southern University in Savannah, Georgia, Roy as an associate professor of International Studies and Asian politics, and Pedron as a graduate student; Roy originally hails from very eastern India, close to both Myanmar and Bangladesh, so he has special insight into the context of one of the most brutal genocides of our time, or any other. This is our case describing the problems that nationalism has and will pose for the sustainability of the Earth as our little blue-and-green orb becomes more crowded over time. The old ways, in which national arguments often end in devastating wars, are obsolete, given that the Earth and all the people, plants, and other animals that it sustains are faced with the existential threat of a climate crisis that within two centuries, more or less, will flood large parts of coastal cities, and endanger many species of plants and animals. To survive, we must listen to the Earth, and observe her travails, because they are increasingly our own.