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1
Watt, Stanley. Firm heterogeneity and weak intellectual property rights. [Washington, D.C.]: International Monetary Fund, Middle East and Central Asia Dept., 2007.
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2
Brie, Michael. Wer ist Eigentümer im Sozialismus?: Philosophische Überlegungen. Berlin: Dietz, 1990.
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3
Stevenson, S. A. W. The performance and weak form efficiency of the Irish property market: Y Simon Stevenson. Dublin: University College Dublin, Department of Banking and Finance, 1995.
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4
Office, General Accounting. Financial management: Customs' accountability for seized property and special operation advances was weak : report to the Commissioner, U.S. Customs Service. Washington, D.C: The Office, 1993.
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5
United States. Government Accountability Office. Property Management: Lack of accountability and weak internal controls leave NASA equipment vulnerable to loss, theft, and misuse : report to the Chairman, Committee on Science and Technology, House of Representatives. Washington, D.C: U.S. Government Accountability Office, 2007.
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6
Wer konnte, griff zu: "arisierte" Güter und NS-Vermögen im Krauland-Ministerium (1945-1949). Wien: Böhlau, 1999.
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7
Office, General Accounting. Nuclear security: Weak internal controls hamper oversight of DOE's security program : report to the chairman, Subcommittee on Oversight and Investigations, Committee on Energy and Commerce, House of Representatives. Washington, D.C: U.S. General Accounting Office, 1992.
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8
Office, General Accounting. Nuclear security: Weak internal controls hamper oversight of DOE's security program : report to the Chairman, Subcommittee on Oversight and Investigations, Committee on Energy and Commerce, House of Representatives. Washington, D.C: U.S. General Accounting Office, 1992.
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9
United States. Army Materiel Command, ed. Financial management: Weak financial accounting controls leave commodity command assets vulnerable to misuse : report to the Commander, U.S. Army Materiel Command. Washington, D.C: The Office, 1992.
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10
Britain, Great. Northumberland, Tyne and Wear National Health Service Trust (Transfer of Trust Property) Order 2008. Stationery Office, The, 2008.
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11
Britain, Great. The Local Government Reorganisation (Property) (Tyne and Wear) Order 1988 (Statutory Instruments: 1988: 1093). Stationery Office Books, 1988.
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12
Watt, Stanley. Firm Heterogeneity and Weak Intellectual Property Rights. International Monetary Fund, 2007.
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13
Watt, Stanley. Firm Heterogeneity and Weak Intellectual Property Rights. International Monetary Fund, 2007.
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14
Watt, Stanley. Firm Heterogeneity and Weak Intellectual Property Rights. International Monetary Fund, 2007.
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15
Gatens, Moira. Politicizing the Body: Property, Contract, and Rights. Edited by John S. Dryzek, Bonnie Honig, and Anne Phillips. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199548439.003.0037.
Повний текст джерелаАнотація:
This article examines the politicization of the human body focusing on the way this issue was conceived in the West. The human body has long been used as a source of metaphor for political theorists and the very notion of body politic leans on the image of a unified and discrete entity that has commanding parts and obeying parts that may be robust or ailing, strong or weak. This article suggests that aside from political theory with a rich source of metaphor, the human body also serves as the nexus where political conceptions of the universal and the particular meet.
16
Chapdelaine, Pascale. User Rights to Commercial Copies of Copyright Works. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198754794.003.0002.
Повний текст джерелаАнотація:
The chapter begins the investigation of the rights users have to copyright works by looking at the scope of the personal property rights users may have in copies of copyright works. These rights have been largely overlooked in copyright law and theory. Applying the ownership spectrum developed by James W. Harris in Property and Justice (1996) this chapter shows how copyright users’ personal property rights are distinct from other forms of personal property and heavily dictated by the exclusive property rights of copyright holders in the copyright work. The personal property rights of copyright users fare poorly on the ownership spectrum and this trend is intensified by commercial practices of copyright holders endorsed by courts, and the struggles of legislatures and courts to deal with the dematerialization of copies of copyright works. This account of the personal property rights of copyright users reveals a weak strain of copyright user rights.
17
Pant, Rashmi. Speaking in Multiple Registers. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199477791.003.0003.
Повний текст джерелаАнотація:
The framework of legal pluralism has conventionally posed customary norms against official Hindu law and prioritizes inheritance law as the only systemic mode for the transmission of family property. It has led to a scholarly neglect of the practices of gift and contract, which the author sees as alternative modes of sharing/devolving property to kin with weak inheritance rights. The chapter traces how, below the judicial radar, compensation for caregiving through gift and contract constituted a common ground of argument and negotiation among peasant litigants of the Garhwal Himalayas in the early twentieth century. It recovers ideas of normative justice through litigants’ speech, which never found their way into the corpus juris of either Hindu Law or custom.
18
Mate, C. Mathew, and Robert W. Carpick. Tribology on the Small Scale. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199609802.001.0001.
Повний текст джерелаАнотація:
Friction, lubrication, adhesion, and wear are prevalent physical phenomena in everyday life and in many key technologies. The goal of this book is to incorporate a bottom up approach to friction, lubrication, and wear into a versatile textbook on tribology. This is done by focusing on how these tribological phenomena occur on the small scale—the atomic to the micrometer scale—a field often called nanotribology. The book covers the microscopic origins of the common tribological concepts: roughness, elasticity, plasticity, friction coefficients, and wear coefficients. Some macroscale concepts (like elasticity) scale down well to the micro- and atomic scale, while other macroscale concepts (like hydrodynamic lubrication) do not. In addition, this book also has chapters on topics not typically found in tribology texts: surface energy, surface forces, lubrication in confined spaces, and the atomistic origins of friction and wear. These chapters covered tribological concepts that become increasingly important at the small scale: capillary condensation, disjoining pressure, contact electrification, molecular slippage at interfaces, atomic scale stick-slip, and bond breaking. Numerous examples are provided throughout the book on how a nanoscale understanding of tribological phenomena is essential to the proper engineering of important new technologies such as MEMS, disk drives, and nanoimprinting. For the second edition, all the chapters have been revised and updated, with many new sections added to incorporate the most recent advancements in nanoscale tribology. Another important enhancement to the second edition is the addition of problem sets at the end of each chapter.
19
Hellman, Geoffrey, and Stewart Shapiro. The Classical Continuum without Points. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198712749.003.0002.
Повний текст джерелаАнотація:
This chapter develops a “semi-Aristotelian” account of a one-dimensional continuum. Unlike Aristotle, it makes significant use of actual infinity, in line with current practice. Like Aristotle, this account does not recognize points, at least not as parts of regions in the space. The formal background is classical mereology together with a weak set theory. The chapter proves an Archimedean property, and establishes an isomorphism with the Dedekind–Cantor structure of the real line. It also compares the present framework to other point-free accounts, establishing consistency relative to classical analysis.
20
Attanasio, John. The Carolene Products Paradigm of Participatory Democracy. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190847029.003.0004.
Повний текст джерелаАнотація:
Carolene Products embraced judicial responsibility of ensuring that everyone has a fair say in the formulation of public policy, including the distribution of societal resources. The case discusses protecting the key political rights of speaking and voting. In positioning itself as the referee over politics, the Court assumed the daunting challenge of fashioning a theory of democracy. Key to this has been the weak libertarian paradigm of free speech, which prohibits government censorship of speech. In essence, it requires: “Government generally cannot stop me from saying whatever I want to say.” In contrast, the strong libertarian paradigm of free speech shouts, “I can say whatever I want to say with whatever resources I have to say it.” Despite weakened protection for property rights, this strong libertarian paradigm has dramatically increased constitutional protection for property interests. Preeminently, the campaign finance cases hinge influence over elections, law, public policy, and all of government on wealth.
21
Leger, Olivier A. "Mistake of law": The taxpayer's ultimate answer to S. 152(4)(a)(i) of the Income Tax Act. If the shoe fits, wear it...properly! 2007.
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22
Sime, Stuart. 24. Summary Judgment. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823100.003.2873.
Повний текст джерелаАнотація:
Summary judgment is used where a purported defence can be shown to have no real prospect of success and there is no other compelling reason why the case should be disposed of at trial. The procedure for entering summary judgment is not limited to use by claimants against defendants. Defendants may apply for summary judgment to attack weak claims brought by claimants. This chapter discusses time for applying for summary judgment; defendant’s application for summary judgment; excluded proceedings; orders available; amendment at hearing; other compelling reasons for a trial; directions on summary judgment hearing; and specific performance, rescission, and forfeiture in property cases.
23
Sime, Stuart. 24. Summary judgment. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787570.003.2873.
Повний текст джерелаАнотація:
Summary judgment is used where a purported defence can be shown to have no real prospect of success and there is no other compelling reason why the case should be disposed of at trial. The procedure for entering summary judgment is not limited to use by claimants against defendants. Defendants may apply for summary judgment to attack weak claims brought by claimants. This chapter discusses time for applying for summary judgment; defendant’s application for summary judgment; excluded proceedings; orders available; amendment at hearing; other compelling reasons for a trial; directions on summary judgment hearing; and specific performance, rescission, and forfeiture in property cases.
24
Sime, Stuart. 24. Summary judgment. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198747673.003.2873.
Повний текст джерелаАнотація:
Summary judgment is used where a purported defence can be shown to have no real prospect of success and there is no other compelling reason why the case should be disposed of at trial. The procedure for entering summary judgment is not limited to use by claimants against defendants. Defendants may apply for summary judgment to attack weak claims brought by claimants. This chapter discusses time for applying for summary judgment; defendant’s application for summary judgment; excluded proceedings; orders available; amendment at hearing; other compelling reasons for a trial; directions on summary judgment hearing; and specific performance, rescission, and forfeiture in property cases.
25
Jong, Mayke de. The Two Republics. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198777601.003.0036.
Повний текст джерелаАнотація:
According to Chris Wickham, a culture of the public was the strongest inheritance of Rome, and it existed until c.1000. Even in the early medieval West, with its relatively weak states, the notion of a domain that was publicus remained a pervasive one; it was primarily associated with royal property, law courts, royal officials, and assemblies, both great and small (Wickham, The Inheritance of Rome, p. 562). I could not agree more, but I would also include bishops and abbots, episcopal synods, and royal monasteries. This contribution argues that in any conceptualization of public authority in the early medieval West the church cannot be left out. With a focus on narrative and administrative sources from the West Frankish kingdom (c.840–880) the chapter investigates the semantic field of publicus and its derivatives, especially in the increasingly acrimonious debates about church property that emerged during the reign of Charles the Bald. It is in this context that new notions of a public domain and its ensuing obligations were most clearly and actively articulated.
26
Bergman, Marcelo. Crime and Prosperity. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190608774.003.0001.
Повний текст джерелаАнотація:
This chapter lays out the foundations of the book. It starts with a brief overview of criminality in Latin American countries over the last twenty-five years and then poses the central question: Why has crime, particularly property crime, risen? It goes on to develop the toolkit, the theoretical approach, to discern between high crime and low crime equilibria and the different trajectories of countries. Special emphasis is put on the emergence of crime as an industry, which was not held in check by weak institutions that provided only erratic deterrence. The chapter ends with an analysis of several social, political, and economic implications of the current wave of criminality.
27
Iliopoulos, John. The Standard Theory. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198805175.003.0006.
Повний текст джерелаАнотація:
All ingredients of the previous chapters are combined in order to build a gauge invariant theory of the interactions among the elementary particles. We start with a unified model of the weak and the electromagnetic interactions. The gauge symmetry is spontaneously broken through the BEH mechanism and we identify the resulting BEH boson. Then we describe the theory known as quantum chromodynamics (QCD), a gauge theory of the strong interactions. We present the property of confinement which explains why the quarks and the gluons cannot be extracted out of the protons and neutrons to form free particles. The last section contains a comparison of the theoretical predictions based on this theory with the experimental results. The agreement between theory and experiment is spectacular.
28
Nelson, Janet L., and Alice Rio. Women and Laws in Early Medieval Europe. Edited by Judith Bennett and Ruth Karras. Oxford University Press, 2013. http://dx.doi.org/10.1093/oxfordhb/9780199582174.013.035.
Повний текст джерелаАнотація:
This article examines the main ways in which early medieval lawmakers concerned themselves with women. Law codes put forward ideologically loaded representations of women, and they reflected concerns to ensure both their protection and their control by men. At the same time, they also dealt with highly practical issues and were subject to continual amendment as new and ever more complicated cases were brought before lawmakers. They reveal a conflicted and ambiguous attitude towards women: as highly prized assets and a crucial form of symbolic capital, but also a heavy financial burden, a liability, and a weak point in the safeguarding of family honor. We consider the valuation of women in terms of compensation for homicide, injuries, and insults; the regulation of marriage and of sexual crimes; and property, to which women and men had differential access.
29
Okasha, Samir. Wright’s Adaptive Landscape, Fisher’s Fundamental Theorem. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198815082.003.0004.
Повний текст джерелаАнотація:
Fitness maximization, or optimization, is a controversial idea in evolutionary biology. One classical formulation of this idea is that natural selection will tend to push a population up a peak in an adaptive landscape, as Sewall Wright first proposed. However, the hill-climbing property only obtains under particular conditions, and even then the ascent is not usually by the steepest route; this shows why it is misleading to assimilate the process of natural selection to a process of goal-directed choice. A different formulation of the idea of fitness-maximization is R. A. Fisher’s ‘fundamental theorem of natural selection’. However, the theorem points only to a weak sense in which selection is an optimizing process, for it requires that ‘environmental constancy’ be understood in a highly specific way. It does not vindicate the claim that natural selection has an intrinsic tendency to produce adaptation.
30
van der Vossen, Bas, and Jason Brennan. Improving the Present. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190462956.003.0009.
Повний текст джерелаАнотація:
An influential set of arguments defends policies of global redistribution as a response to the currently existing unjust global order. Thomas Pogge argues that this order actively harms the poor, and that the appropriate response is to tax citizens of wealthy countries to redistribute resources. The authors agree that a number of elements of the global order are unjust, such as resource and borrowing privileges, and ought to be reformed. However, Pogge’s desired redistributive conclusions require implausible assumptions about responsibility and globalization. The chapter turns to a more promising proposal to fix the problems surrounding natural resources, offered by Leif Wenar. While this proposal would be an improvement over the status quo, it still invokes a seriously problematic notion of collective ownership of natural resources. The best approach remains to treat individuals as the owners of their private property, and protect them in the freedoms for which this book argues.
31
Recanati, François. Cognitive dynamics. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198714217.003.0011.
Повний текст джерелаАнотація:
This chapter offers an elaboration and defense of the mental-file approach to singular thought. Mental files are supposed to account for both cognitive significance and coreference de jure. But these two roles generate conflicting constraints: files must be fine-grained to play the first role and coarse-grained to play the second role. To reconcile the constraints, we need to distinguish two sorts of file (static files and dynamic files), and two forms of coreference de jure (strong and weak). Dynamic files are sequences of file-stages united by the weak coreference de jure relation. It is at the synchronic level, that of file-stages, that the stronger coreference de jure is to be found. The resulting view is compared to that of Papineau, according to whom only dynamic files are needed, and to that of Ninan, according to whom there are proper dynamic files that exhibit strong coreference de jure.
32
Gluckman, Sir Peter, Mark Hanson, Chong Yap Seng, and Anne Bardsley. Foods, exposures, and lifestyle risk factors in pregnancy and breastfeeding. Oxford University Press, 2015. http://dx.doi.org/10.1093/med/9780198722700.003.0030.
Повний текст джерелаАнотація:
Advice for pregnant women on food avoidance, dangerous exposures, and inappropriate behaviours abounds on the internet and through various information sources. This chapter reviews the evidence base for such advice and clarifies issues where common advice is not supported by credible data. Foods containing potential teratogens, mutagens, or toxicants that need consideration include liver (high vitamin A), some herbal teas, contaminated grains, predatory fish, caffeine-containing foods, and various sources of foodborne infections. Exposure to environmental toxicants such as lead, pesticides, herbicides, polycyclic aromatic hydrocarbons, bisphenol-A, and other endocrine-disrupting chemicals should be avoided, as should alcohol consumption and cigarette smoking. Restrictive diets and unusual dietary cravings (pica) need to be properly managed. Evidence for harm from personal care products is generally weak, but pregnant women may choose to avoid some unnecessary exposures.
33
Siddiqi, Asiya. Insolvent Women. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199472208.003.0006.
Повний текст джерелаАнотація:
Our study of insolvency records affords a rare glimpse into the lives of women from different social classes and milieus in Bombay during the mid-nineteenth century. Contrary to colonial stereotypes of Indian women as trapped in oppressive patriarchal relationships, and as weak and helpless, we find that many had independent incomes, owned property, and enjoyed power in the domain of the home and family life. Women from wealthy merchant families actually owned and controlled much of the borrowed capital. We infer from the insolvency records that women who were not wealthy and worked for their livelihood also had considerable agency. In our study, about 38% of the women who petitioned the insolvency courts for protections were dancing girls, courtesans, and prostitutes who had independent incomes and were directly affected by the crash. The incomes of dancing girls and courtesans were low as a whole but varied greatly, as did their social standing and levels of literacy.
34
Barnett, Jonathan M. Innovators, Firms, and Markets. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190908591.001.0001.
Повний текст джерелаАнотація:
This book presents a theoretical, historical, and empirical account of the relationship between intellectual property (IP) rights, organizational type, and market structure. Patents expand transactional choice by enabling smaller research-and-development (R&D)-intensive firms to compete against larger firms that wield difficult-to-replicate financing, production, and distribution capacities. In particular, patents enable upstream firms that specialize in innovation to exchange informational assets with downstream firms that specialize in commercialization, lowering capital and technical requirements that might otherwise impede entry. These theoretical expectations track a novel organizational history of the U.S. patent system during 1890–2006. Periods of strong patent protection tend to support innovation ecosystems in which smaller innovators can monetize R&D through financing, licensing, and other relationships with funding and commercialization partners. Periods of weak patent protection tend to support innovation ecosystems in which innovation and commercialization mostly take place within the end-to-end structures of large integrated firms. The proposed link between IP rights and organizational type tracks evidence on historical and contemporary patterns in IP lobbying and advocacy activities. In general, larger and more integrated firms (outside pharmaceuticals) tend to advocate for weaker patents, while smaller and less integrated firms (and venture capitalists who back those firms) tend to advocate for stronger patents. Contrary to conventional assumptions, the economics, history, and politics of the U.S. patent system suggest that weak IP rights often shelter large incumbents from the entry threat posed by smaller R&D-specialist entities.
35
M¨uhlherr, Bernhard, Holger P. Petersson, and Richard M. Weiss. Linked Tori, II. Princeton University Press, 2017. http://dx.doi.org/10.23943/princeton/9780691166902.003.0006.
Повний текст джерелаАнотація:
This chapter proves several more results about weak isomorphisms between Moufang sets arising from quadratic forms and involutory sets. It first fixes a non-trivial anisotropic quadratic space Λ = (K, L, q) before considering two proper anisotropic pseudo-quadratic spaces. It then describes a quaternion division algebra and its standard involution, a second quaternion division algebra and its standard involution, and an involutory set with a quaternion division algebra and its standard involution. It concludes with one more small observation regarding a pointed anisotropic quadratic space and shows that there is a unique multiplication on L that turns L into an integral domain with a multiplicative identity.
36
Wilson, Jessica M. Metaphysical Emergence. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198823742.001.0001.
Повний текст джерелаАнотація:
The special sciences and ordinary experience present us with a world of macro-entities trees, birds, lakes, mountains, humans, houses, and sculptures, to name a few which materially depend on lower-level configurations, but which are also distinct from and distinctively efficacious as compared to these configurations. Such appearances give rise to two key questions. First, what is metaphysical emergence, more precisely? Second, is there actually any metaphysical emergence? In Metaphysical Emergence, Jessica Wilson provides clear, compelling, and systematic answers to these questions. Wilson argues that there are two and only two forms of metaphysical emergence making sense of the target cases: ‘Weak’ emergence, whereby a macro-entity or feature has a proper subset of the powers of its base-level configuration, and ‘Strong’ emergence, whereby a macro-entity or feature has a new power as compared to its base-level configuration. Weak emergence unifies and accommodates diverse accounts of realization (e.g., in terms of functional roles, constitutive mechanisms, and parthood) associated with varieties of nonreductive physicalism, whereas Strong emergence unifies and accommodates anti-physicalist views according to which there may be fundamentally novel features, forces, interactions, or laws at higher levels of compositional complexity. After defending each form of emergence against various objections, Wilson considers whether complex systems, ordinary objects, consciousness, and free will are actually either Weakly or Strongly metaphysically emergent. She argues that Weak emergence is quite common, and that Strong emergence, while in most cases at best an open empirical possibility, is instantiated for the important case of free will.
37
Field, Arthur. Poggio and the Ideology of the Medici Regime. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198791089.003.0007.
Повний текст джерелаАнотація:
The chapter looks at how Poggio (1380–1459) went from early book hunting (the source of his fame today) to becoming the major ideologue of the Medici regime (without him, it was believed, Cosimo de’ Medici was feeble and weak). The chapter includes Poggio’s discussion of “true nobility” (nobility as revered by the traditionalists was nothing), the proper use of money, and the role of law and power. It explores Poggio’s materialist view of law, which is sometimes regarded as pre-Machiavellian. Also discussed are questions of gender and “social mingling,” what Burckhardt would later describe as the “equalization” of women and classes. Sources include Poggio’s letters, dialogues, and jokes (the Facetiae).
38
Valls, Andrew. Affirmative Action. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190860554.003.0005.
Повний текст джерелаАнотація:
The debate over affirmative action is rife with historical amnesia and conceptual confusion. To understand affirmative action, one must see it in its proper context, which means understanding its original purpose and rationale. In addition, some criticisms of affirmative action turn out not to be well founded empirically, such as the “mismatch thesis,” which holds that affirmative action places African Americans in positions for which they are not prepared. Some justifications for affirmative action, such as those that focus on the benefits of diversity, provide a weak basis on which to defend it. Affirmative action is best defended on grounds of justice and is best understood in the context of the particular history of African Americans.
39
Furst, Eric M., and Todd M. Squires. Laser tweezer microrheology. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199655205.003.0009.
Повний текст джерелаАнотація:
To many, the idea that light can be used to hold and manipulate matter is probably quite foreign. The photon is a seemingly evanescent particle; its interactions with matter are weak. But while it has no rest mass, a photon carries momentum. Optical traps have become important tools used to measure forces on nanometer to micrometer length scale. Laser tweezers can be used to drive (or hold) microrheological probes. Optical trapping forces are reviewed and optical trap designs discussed, incluing the use of fixed and moving reference frame optical traps. Proper calibration of optical traps especially in the material under test is discussed. Linear and non-linear measurements using laser tweezers are presented, including shear thinning of colloidal dispersions when probes are translated through a suspension. The operating regime of laser tweezer microrheology is presented.
40
Kyritsis, Dimitrios. Constitutional Review in Representative Democracy. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199672257.003.0006.
Повний текст джерелаАнотація:
The legitimacy of constitutional review of legislation depends on a proper appreciation of the contributions of courts and the legislature in the project of governing. This chapter argues that legislatures rightly have the initiative in this project, because the role of legislators is structured so as to enable them to combine the demands of popular support and moral innovation. This, and not political equality, is the value of democratic representation. Giving legislatures the initiative, however, does not mean giving them the last word. In addition, legislative initiative comes with grave risks, which institutional design must try to avert. By virtue of their independence, courts are well-equipped to check those risks. At the same time, judicial supervision is compatible with the legislature’s valuable contribution. Whether under a system of strong or weak constitutional review, courts can remain subsidiary to the legislature.
41
SI, Strong. Part X Judicial Review, Judicial Performance, and Enforcement, 30 Improving Judicial Performance in Matters Involving International Arbitration. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198783206.003.0031.
Повний текст джерелаАнотація:
This chapter focuses on the issue of judicial competency in international arbitration. Participants in international arbitration often view national courts as the ‘weak link’ in the chain of arbitral practice and procedure. Although parties can and often do contract in advance for experienced arbitrators and efficient procedures, all of that planning and forethought can come to naught if a judge refuses to enforce an arbitration agreement or award. Recalcitrant courts are often branded as parochial, a move which suggests that the judges in question know what the proper course of action is, but simply prefer to protect national interests or parties. However, what appears to be a conscious desire to thwart the international arbitral regime could actually be nothing more than a judicial misunderstanding of a particularly complex area of law. The remainder of the chapter discusses structural and educational efforts of states to improve judicial decision-making.
42
Grimm, Dieter. In Search of Acceptance. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198805120.003.0002.
Повний текст джерелаАнотація:
This chapter argues that the European Union suffers from a legitimacy deficit and explains how it can gain acceptance from its citizens. In the beginning, there were good reasons for European integration. Approval was high, but that high approval has been lost. With respect to integration, the 1992 Maastricht Treaty marked the beginning of the EU’s weak acceptance. In the long run it fostered the spread of anti-European political parties. This chapter considers the various proposals aimed at bringing the EU closer to its citizens, including a full parliamentarization of the EU, before making its own recommendations: first, the European Parliament must be brought closer to the public; second, there must be clearer limits on communalization; and third, decisions with significant political implications must be re-politicized. The point is not to abandon constitutionalization, but to draw proper conclusions from the constitutionalization that has already taken place.
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Rodgers, Yana van der Meulen. Global Abortion Policies and Practices. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190876128.003.0005.
Повний текст джерелаАнотація:
Chapter 5 provides a detailed examination of global abortion laws and rates. Policies and practices around abortion have evolved since ancient times in ways that vary across regions according to deeply entrenched religious views, political ideologies, patriarchal structures, and strong stigmas. A critical conclusion is that instead of reducing abortion rates, restrictive laws change the conditions under which women obtain abortions in ways that endanger their health. Unsafe abortion is one of the leading causes of maternal mortality, and some governments have started to liberalize their laws. However, implementation is often slow due to weak health infrastructure. Offsetting these challenges are innovations in reproductive health technologies that have enabled women in some countries to have a “medical abortion” using pharmaceuticals made available through the internet, pharmacies, and black market. Some obstacles remain that prevent this option, including affordability, import restrictions, lack of information about proper usage, and slow-to-change stigmas.
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Kim, Injoo, Myoungok Kim, and Zachary Hoh. Apparel Design through Patternmaking. Bloomsbury Publishing Inc, 2022. http://dx.doi.org/10.5040/9781501360251.
Повний текст джерелаАнотація:
Apparel Design Through Patternmaking is a fresh design-oriented flat patternmaking text that gives fashion students a new perspective on patternmaking knowledge and skills they need to develop contemporary women’s, men’s, and children’s wear. This book covers a comprehensive range of concepts in flat pattern drafting, such as fit, style, and design development, and the modular approach allows for flexible design options across age, gender, and size, as reflected in current fashion trends. 200 detailed principles address proper measurements; body shapes; dart manipulation; neckline, collar, and sleeve variations; fit issues and corrections; garment details; and more, all of which are easily visualized with hundreds of line drawings and photos. Reference size charts and a decimal conversion chart included in the Appendix make this text user-friendly for international students. Key Features: - 20 slopers, 30 foundations, and variations - 220 detailed principles of patternmaking - 100+ applied garment designs - A chapter on Cut & Sew stretch fabrics - Learning objectives with clear flat sketches in each chapter - A decimal conversion chart, reference size charts, and glossary of key terms STUDIO Features Include: - Watch videos that show the development process for customized sloper sets - Review concepts with flashcards of essential vocabulary - Practice with additional 1/2 scale slopers Instructor Resources Include: - Instructor’s Guide provides suggestions for planning the course and using the text in the classroom, supplemental assignments, and lecture notes
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Fried, Barbara H. Facing Up to Scarcity. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198847878.001.0001.
Повний текст джерелаАнотація:
The essays collected in this book take stock of the nonconsequentialist project over the past fifty years, in two key areas. The first part focuses on the moral “duty not to harm” others. Under a suitably broad definition of harm, that duty encompasses most of the restrictions imposed on individual conduct in the secular, liberal state. It examines how that duty has been cashed out in ostensibly nonaggregative terms in the principal strains of nonconsequentialist thought: tragic choices (trolleyology), libertarian property rights, corrective justice in tort law, and Scanlonian contractualism. Nonconsequentialists have not only failed to articulate a viable alternative to aggregation in this domain; they are doomed to fail, because in a world of scarcity (in the broadest sense) and epistemic uncertainty, everything we do poses some risk of harm to others’ fundamental interests, a conflict that can be resolved only through aggregation. The second part examines the treatment of distributive justice in nonconsequentialist political theory over the past fifty years, focusing on Nozickian libertarianism, Rawlsianism, left-libertarianism, and social contractarianism. It argues that whatever the moral attractiveness of the various distributive schemes proposed, none is logically entailed by the normative premises from which it is ostensibly derived. Unlike the argument in the first part, this is not an argument for consequentialism by logical elimination. Societal wealth need not be, and almost never is, distributed to optimize consequences. Rather, it underscores the relatively weak justifications that have been offered for some very strong conclusions.
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Alter, Karen J., and Laurence R. Helfer. Transplanting International Courts. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780199680788.001.0001.
Повний текст джерелаАнотація:
The Andean Pact was founded in 1969 to build a common market in South America. Andean leaders copied the institutional and treaty design of the European Community, and in the 1970s, member states decided to add a tribunal, again turning to the European Community as its model. Since its first ruling in 1987, the Andean Tribunal of Justice (ATJ) has exercised authority over the countries which are members of the Andean Community: Bolivia, Colombia, Ecuador, and Peru (formerly also Venezuela). It is now the third most active international court in the world, used by governments and private actors to protect their rights and interests in the region. This book investigates how a region with weak legal institutions developed an effective international rule of law, why the ATJ was able to induce widespread respect for Andean intellectual property rules but not other areas governed by regional integration rules, and what the ATJ's experience means for comparable international courts. It also assesses the Andean experience in order to reconsider the European Community system, exploring why the law and politics of integration in Europe and the Andes followed different trajectories. Finally, it provides a detailed analysis of the key factors associated with effective supranational adjudication. This book collects together previously published material by two leading interdisciplinary scholars of international law and politics, and is enhanced by three original chapters further reflecting on the Andean legal order.
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Stamenkoviç, Marko, ed. Resistance. 2nd ed. punctum books, 2021. http://dx.doi.org/10.53288/0384.1.00.
Повний текст джерелаАнотація:
esistance features a selection of overtly non-conformist positions in the contemporary visual art scene of Albania vis-à-vis the most recent social, political, and economic turmoils in the Western Balkans – a region marked by the dark side of political governances that have remained “democratic” in their outward appearance (especially toward the European Union), while dramatically leaning toward autocratic regimes in the eyes of their own citizens. Regardless of their citizens’ primary interests, and despite some positive signals surfacing in the international media, almost every attempt to establish lasting conditions for democratic governance in the Western Balkans has been shrouded in the veil of profit-driven political scandals, personal greed for more and more power over the people’s rights, and the extinction of public property in pursuit of social elite’s corporate and private interests. Additionally, and more specifically related to Tirana, artists and citizens have, over the years, been involved in various types of revolt, expressing their disagreements with the ongoing destruction of public property in the name of “modernization and development”: a movement led by local political powers through financially and strategically motivated processes of architectural cannibalism – not only at the expense of erasing Albanian cultural heritage or long-term residents’ habitats, but also at the expense of taking human lives under the pretext of “urbanization.” The most obvious instance of this economy of destruction was the complex of buildings linked to the National Theater of Albania in downtown Tirana that has served as a symbolic and material place of citizens’ resistance: for more than two years, together with local artists, they have been opposing the government’s plans to demolish the old complex in order to build a new one – until this finally happened in Spring 2020, in the midst of the ongoing COVID19 pandemic. Rooted in the atmosphere of the National Theater Protests in Tirana, RESISTANCE was conceived in Summer 2019 by ZETA Center for Contemporary Art as the International Artists-in-Residence Program, in cooperation with three partner organizations from Kosovo, Serbia and North Macedonia (Stacion – Center for Contemporary Art in Prishtina; Ilija & Mangelos Foundation in Novi Sad; and Faculty of Things That Can’t Be Learned in Bitola) and supported by Swiss Cultural Fund in Albania, a project of the Swiss Agency for Development and Cooperation. Gradually, the project expanded into an exhibition (Heterotopias of Resistance, curated by Blerta Hoçia and featuring works by Lori Lako, Fatlum Doçi, Edona Kryeziu, Nina Galiç, Darko Vukiç, Nikola Slavevski, and Natasha Nedelkova) and a series of interviews and panel discussions (with contributions by Lindita Komani, Edmond Budina, Ervin Goci, Ergin Zaloshnja, Pleurad Xhafa, Gentian Shkurti, Stefano Romano, Luçjan Bedeni, HAVEIT, Leonard Qylafi, Jonida Gashi, and Fatmira Nikolli). The results of both have been collected and presented in the format of a publication that, besides serving as an indispensable reading material concerning visual arts and politics in contemporary Albania, especially to those abroad, functions by itself as a form of resistance against contagious cultural policies in weak post-socialist “democracies” in Southeastern Europe.
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Kenyon, Ian R. Quantum 20/20. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198808350.001.0001.
Повний текст джерелаАнотація:
This text reviews fundametals and incorporates key themes of quantum physics. One theme contrasts boson condensation and fermion exclusivity. Bose–Einstein condensation is basic to superconductivity, superfluidity and gaseous BEC. Fermion exclusivity leads to compact stars and to atomic structure, and thence to the band structure of metals and semiconductors with applications in material science, modern optics and electronics. A second theme is that a wavefunction at a point, and in particular its phase is unique (ignoring a global phase change). If there are symmetries, conservation laws follow and quantum states which are eigenfunctions of the conserved quantities. By contrast with no particular symmetry topological effects occur such as the Bohm–Aharonov effect: also stable vortex formation in superfluids, superconductors and BEC, all these having quantized circulation of some sort. The quantum Hall effect and quantum spin Hall effect are ab initio topological. A third theme is entanglement: a feature that distinguishes the quantum world from the classical world. This property led Einstein, Podolsky and Rosen to the view that quantum mechanics is an incomplete physical theory. Bell proposed the way that any underlying local hidden variable theory could be, and was experimentally rejected. Powerful tools in quantum optics, including near-term secure communications, rely on entanglement. It was exploited in the the measurement of CP violation in the decay of beauty mesons. A fourth theme is the limitations on measurement precision set by quantum mechanics. These can be circumvented by quantum non-demolition techniques and by squeezing phase space so that the uncertainty is moved to a variable conjugate to that being measured. The boundaries of precision are explored in the measurement of g-2 for the electron, and in the detection of gravitational waves by LIGO; the latter achievement has opened a new window on the Universe. The fifth and last theme is quantum field theory. This is based on local conservation of charges. It reaches its most impressive form in the quantum gauge theories of the strong, electromagnetic and weak interactions, culminating in the discovery of the Higgs. Where particle physics has particles condensed matter has a galaxy of pseudoparticles that exist only in matter and are always in some sense special to particular states of matter. Emergent phenomena in matter are successfully modelled and analysed using quasiparticles and quantum theory. Lessons learned in that way on spontaneous symmetry breaking in superconductivity were the key to constructing a consistent quantum gauge theory of electroweak processes in particle physics.