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1
M, Cannon Carl, ed. Circle of greed: The spectacular rise and fall of the lawyer who brought corporate America to its knees. New York: Broadway Books, 2010.
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2
de Sá Caetano, Elsa. Cable Vibrations in Cable-Stayed Bridges. Zurich, Switzerland: International Association for Bridge and Structural Engineering (IABSE), 2007. http://dx.doi.org/10.2749/sed009.
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<p>The fifty years of experience of construction of cable-stayed bridges since their establishment as a new category among the classical types have brought an immense progress, ranging from design and conception to materials, analysis, construction, observation and retrofitting. The growing construction of cable-stayed bridges has also triggered researchers’ and designers’ attention to the problem of cable vibrations. Intensive research has been developed all over the world during the last two decades as a consequence of the numerous cases of cable vibrations exhibited by all types of cable-stayed bridges.<p>Despite the increased knowledge of the various vibration phenomena, most of the outcomes and research results have been published in journals and conference proceedings and scarce information is currently provided by the existing recommendations and codes. <p>The present book provides a comprehensive survey on the governing phenomena of cable vibration, both associated with direct action of wind and rain: buffeting, vortex-shedding, wake effects, rain-wind vibration; and resulting from the indirect excitation through anchorage oscillation: external and parametric excitation. Methodologies for assessment of the effects of those phenomena are presented and illustrated by practical examples. Control of cable vibrations is then discussed and state-of-art results on the design of passive control devices are presented. <p>The book is complemented with a series of case reports reflecting the practical approach shared by experienced designers and consultants: Yves Bournand (VSL International), Chris Geurts (TNO), Carl Hansvold (Johs. Holt), Allan Larsen (Cowi) and Randall Poston (WDP & Associates).
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Busacca, Maurizio, and Roberto Paladini. Collaboration Age. Venice: Fondazione Università Ca’ Foscari, 2020. http://dx.doi.org/10.30687/978-88-6969-424-0.
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Recently, public policies of urban regeneration have intensified and multiplied. They are being promoted with the aim to start social and economic dynamics within the local context which is subject to intervention. From the empirical analysis, we realise that such activities are mainly implemented by three subjects or by mixed coalitions (public institutions, actors of the third sector and companies). Within them, each player is moved by a multiplicity of interests and goals that go beyond their own nature – public interest, market and mutualism – and tend to redefine themselves, thus becoming hybrid forms of production of value (social, economic, cultural). By studying a number Italian and Catalan cases, this essay deals with the theory that, under specific conditions and configurations, a collaborative direction – of organization, production and design – would give life to successful procedures, even without the identification of a one-best-way. The collaboration is not simply a choice of operation, but a real production method which mobilises social resources to create hybrid solutions – between state, market and society – to complex issues that could not be faced solely with the use of the rationale of action of one among the three actors. In this framework, the systems of relations and interactions between players and shared capital become an essential condition for the success of every initiative of urban redevelopment, or failure thereof. Such initiatives are brought to life by the strategic role of individuals who foster connections as well as the dissemination of non-redundant information between social networks, and collective and individual actors which would otherwise be separated and barely able to communicate and collaborate with each other. In addition to the functions carried out by knowledge brokers, that have been extensively described in organisational studies and economic sociology, the aforementioned figures act as real social enzymes, that is to say, they handle the available information and function as catalysts of social processes of production of knowledge. Moreover, they increase the reaction speed, working on mechanisms which control the spontaneity.
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US GOVERNMENT. An Act to Establish Certain Procedures for Civil Actions Brought for Damages Relating to the Failure of Any Device or System to Process or Otherwise Deal with the Transition from the Year 1999 to the Year 2000, and for Other Purposes. [Washington, D.C: U.S. G.P.O., 1999.
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5
Aalborg, John. Children of the Lambs: An Old Myth Brought to Life by Rogue Science! Bleep-Free Press, 2013.
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McKee, Robert J. Community Action Against Racism in West Las Vegas: The F Street Wall and the Women Who Brought It Down. Lexington Books/Fortress Academic, 2014.
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Community Action against Racism in West Las Vegas: The F Street Wall and the Women Who Brought It Down. Lexington Books, 2014.
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A treatise concerning trespasses vi et armis: Wherein the nature of trespass is clearly explicated and the gist of the action stated and by whom such actions may be brought and against whom and how to be laid ... London: J. Walthoe, 1992.
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9
Homewood, Matthew J. 4. Direct actions in the Court of Justice of the European Union: Articles 258–260, 263, 265, 277, and 340 TFEU. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815181.003.0004.
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This chapter discusses articles in the Treaty on the Functioning of the European Union (TFEU) that provide for actions that are brought directly before the Court. Under Articles 258 and 259 TFEU (ex Articles 226 and 227 EC), respectively, the European Commission and Member States may bring enforcement proceedings against a Member State in breach of Treaty obligations. Article 260 TFEU (ex Article 228 EC) requires compliance with the Court’s judgment. Article 263 TFEU (ex Article 230 EC) concerns judicial review of EU acts. The outcome of a successful action is annulment. Article 265 TFEU (ex Article 232 EC) provides for actions against the EU institutions for failure to act.
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Abraham, William J. Reviewing the Terrain. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198786504.003.0005.
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In this chapter the author provides a retrospective glance on the material reviewed thus far, and suggests a deeper history of the debates about the nature of divine action among both theologians and philosophers is needed. The author demonstrates the complexity of the debates and the assumptions brought to the table, particularly those assumptions tacit in philosophical queries into the justification of religious belief. He suggests the contours of this particular debate colored the debate on divine action. Following I. M. Crombie, the author argues that theology proper can inform how one thinks about divine actions. Moreover, he argues that theologians and their proposals ought to be considered in the ongoing debate about divine action on their own terms, rather than to be thought secondary to explicitly analytic philosophical arguments and terms for debate.
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Kilintari, Marina, and Andrew C. Papanicolaou. Imaging the Networks of Voluntary Actions. Edited by Andrew C. Papanicolaou. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199764228.013.22.
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The concept of voluntary actions is inextricably related to the concept of the will. Accordingly, in the first section of this chapter, the authors examine briefly the neuroimaging evidence for a neuronal mechanism of human will and decision-making and conclude that what evidence is brought to bear on the issue may not be relevant to it after all. In the second section, a review of the known mechanism for self-initiated as well as externally mediated voluntary actions is presented against which the contributions of functional neuroimaging to improving our knowledge for simple and complex actions can be judged. In the final section differences in the neuronal networks mediating decisions as to when to act and what action to select are explored.
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Kupelyants, Hayk. Jurisdiction and Cognate Matters. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198807230.003.0004.
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Chapter 3 examines the international jurisdiction in sovereign debt disputes and particularly the following matters: service of proceedings; the jurisdiction under the Brussels Regulation, the jurisdiction under English national rules; individual standing of beneficial bondholders; class actions. The chapter also examines the issue of pre-emptive strikes in sovereign debt litigation, in other words whether private creditors may initiate legal actions before the conclusion of the sovereign debt restructuring and how courts may constrain such litigation. The chapter argues that the English courts may stay proceedings if they are brought in contravention of the powers of bondholders under majority action clauses. The chapter lastly addresses the issue of whether the majority may modify the bonds after the English court has issued a judgment.
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Hayk, Kupelyants. 3 Jurisdiction and Cognate Matters. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198807230.003.0004.
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Chapter 3 examines the international jurisdiction in sovereign debt disputes and particularly the following matters: service of proceedings; the jurisdiction under the Brussels Regulation, the jurisdiction under English national rules; individual standing of beneficial bondholders; class actions. The chapter also examines the issue of pre-emptive strikes in sovereign debt litigation, in other words whether private creditors may initiate legal actions before the conclusion of the sovereign debt restructuring and how courts may constrain such litigation. The chapter argues that the English courts may stay proceedings if they are brought in contravention of the powers of bondholders under majority action clauses. The chapter lastly addresses the issue of whether the majority may modify the bonds after the English court has issued a judgment.
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Paul, Torremans. Part III Jurisdiction, Foreign Judgments and Awards, 18 Foreign Arbitral Awards. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199678983.003.0018.
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This chapter examines the various methods by which foreign arbitral awards are enforced in England. Like a foreign judgment, a foreign arbitral award may be enforced in England in a variety of ways. An action may be brought at common law to recover the sum awarded. Statutory provision is also made for the enforcement of foreign arbitral awards. The Limitation Act 1980 provides that an action to enforce an award ‘shall not be brought after the expiration of six years from the date on which the cause of action accrued’. This provision applies regardless of the method of enforcement. This chapter considers enforcement of foreign arbitral awards at common law and under the Civil Jurisdiction and Judgments Act 1982, the Arbitration Act 1950, the Arbitration Act 1996, the Administration of Justice Act 1920, the Foreign Judgments (Reciprocal Enforcement) Act 1933, and the Arbitration (International Investment Disputes) Act 1966.
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Deakin, Simon, Angus Johnston, and Basil Markesinis. 7. Breach of Statutory Duty. Oxford University Press, 2013. http://dx.doi.org/10.1093/he/9780199591985.003.0007.
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This chapter begins by considering the nature of the action for breach of statutory duty. The action for breach of statutory duty enables the claimant to recover compensation for losses brought about by the defendant’s failure to comply with a statutory obligation. Increasing areas of commercial and business activity are regulated by legislation designed to protect the health and safety of employees, consumers, and road-users; regulation may also have the aim of protecting certain property and financial interests. The second part of the chapter discusses the components of a liability covering the availability of a civil remedy; the scope of the civil remedy; causation, remoteness, and defences; and liability for breach of obligations arising under EU law.
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Curtis A, Bradley. 7 Alien Tort Statute Litigation. Oxford University Press, 2015. http://dx.doi.org/10.1093/acprof:oso/9780190217761.003.0007.
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This chapter considers litigation under the Alien Tort Statute, which provides for jurisdiction over suits brought by aliens for torts in violation of international law. The chapter begins by exploring Congress’s likely intent in enacting the Statute in 1789, and how the Statute may have related to Article III of the Constitution. The chapter then describes how the Statute received little attention until the Filartiga decision in 1980, which allowed for it to be used by aliens to sue other aliens for human rights abuses committed abroad. The chapter proceeds to explore a variety of doctrinal issues relating to this human rights litigation, including the source of the cause of action, the standards for bringing a claim, and the ability to sue corporations. The chapter then discusses the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum, in which the Court substantially curtailed the territorial reach of claims that could be brought under the Statute.
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Brunsson, Nils. The Consequences of Decision-Making. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199206285.001.0001.
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This book questions the rationality of decision-making, and argues that it is as important to understand other aspects of decision-making apart from choice — such things as mobilizing action, allocating responsibility, and legitimizing organizations. These aspects of decisions can influence decision-making, and the assumptions about feasible norms that provide their context. The norm of rationality is far from obvious: sometimes decision-makers can be recommending systematic irrationality. This book collects together a wide-range of writing on decision-making, brought together in one volume.
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Paul, Torremans. Part II Preliminary Topics, 6 Substance and Procedure. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199678983.003.0006.
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This chapter examines the substance and procedure of private international law. It first explains the distinction between substance and procedure, noting that all matters appertaining to procedure are governed exclusively by the law of the forum, along with the importance of the distinction and how such distinction is to be made. It then considers a number of particular issues whose classification as substantive or procedural raises difficulties, namely: the time within which an action must be brought; evidence, taking into account evidence by means of request, direct taking of evidence by the requesting court, and presumptions and burden of proof; the identity of the parties to the action; priorities; the nature and extent of remedy; damages; judgments in foreign currency; and execution of judgments.
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Marcus, Smith, and Leslie Nico. Part II The Transfer of Intangible Property, 16 Assignments under Section 136 of the Law of Property Act 1925. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198748434.003.0016.
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This chapter focuses on section 136 of the Law of Property Act 1925, which entitles an assignee of a debt or other legal chose in action to recover it by way of proceedings brought in his own name, provided the conditions of the section are met. For an assignment to fall under section 136, the assignment must be of a debt or other legal chose in action; the assignment must be absolute and not purport to be by way of charge only; the assignment must be in writing under the hand of the assignor; and the debtor must be given express notice in writing of the assignment. Section 136 has no effect in rendering assignable choses that could not otherwise be assigned in equity, nor does it have the effect of expanding the circumstances in which a chose in action can properly be assigned.
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Sime, Stuart. 49. Judicial review. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787570.003.6072.
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This chapter discusses the rules for judicial review. Judicial review lies against public bodies and must be brought by a person with a sufficient interest. There are six remedies available on applications for judicial review (quashing order, mandatory orders, prohibitory order, declaration, injunction, and money awards). Before commencing judicial review proceedings, a claimant should comply with the judicial review pre-action protocol. Permission must be sought to proceed with a claim for judicial review. Defendants must be served with the judicial review claim form, and unless they acknowledge service they cannot appear at the permission hearing unless the court allows them to attend.
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Sime, Stuart. 49. Judicial Review. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823100.003.6072.
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This chapter discusses the rules for judicial review. Judicial review lies against public bodies and must be brought by a person with a sufficient interest. There are six remedies available on applications for judicial review (quashing order, mandatory orders, prohibitory order, declaration, injunction, and money awards). Before commencing judicial review proceedings, a claimant should comply with the judicial review pre-action protocol. Permission must be sought to proceed with a claim for judicial review. Defendants must be served with the judicial review claim form, and unless they acknowledge service they cannot appear at the permission hearing unless the court allows them to attend.
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Sime, Stuart. 49. Judicial review. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198747673.003.6072.
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This chapter discusses the rules for judicial review. Judicial review lies against public bodies and must be brought by a person with a sufficient interest. There are six remedies available on applications for judicial review (quashing order, mandatory orders, prohibitory order, declaration, injunction, and money awards). Before commencing judicial review proceedings, a claimant should comply with the judicial review pre-action protocol. Permission must be sought to proceed with a claim for judicial review. Defendants must be served with the judicial review claim form, and unless they acknowledge service they cannot appear at the permission hearing unless the court allows them to attend.
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Kincaid, Paul. Approaching the WorldGod. University of Illinois Press, 2018. http://dx.doi.org/10.5406/illinois/9780252041013.003.0004.
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Changes in his personal life, in particular separation from his first wife and the death of his trusted editor James Hale, brought a change in Banks’s fiction. The Algebraist ran directly counter to the innovations he had introduced to space opera. The chapter shows how his best late-period novel, Transition, was written in dialogue with The Steep Approach to Garbadale. It then examines the religious issues underlying the last Culture trilogy, in which the Culture is often peripheral to the action, while ideas about the nature of God, the afterlife and religious texts are central to the novels.
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Hagberg, Garry L. The ensemble as plural subject. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199355914.003.0025.
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Group jazz improvisation at the highest levels can achieve a kind of cooperative creativity that rises above the sum total of the contributions of the individuals. This phenomenon is widely recognized, but has resisted description beyond metaphors that refer to ‘special chemistry’ and the like. Some recent work in the philosophy of social action, on collective intention and group cognition, and on what has been helpfully called a ‘plural subject’, is brought together in this chapter with a close listening to the Stan Getz Quartet’s performance of the classic standard ‘On Green Dolphin Street’. As with discussions of group action in recent philosophical writings, here it emerges that qualities of the improvised performance are not reducible to individuated intentional content, and the notion of the plural subject provides both an analysis of it and the language for it.
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Deigh, John. William James and the Rise of the Scientific Study of Emotion. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190878597.003.0003.
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Recent attempts by philosophers to revive William James’s theory of emotions rest on a basic misunderstanding of James’s theory. To see why, one needs to see how James’s theory completed the transformation of the study of emotions from a study in moral philosophy to a scientific study. This essay charts that transformation. The catalyst for this transformation is Hume’s theory of the passions. The essay offers an explanation of the innovations Hume introduced into this theory and how they brought about the passage from the traditional view of the passions as springs of action that Hume radically revised to the view of emotions in the field of experimental psychology that James helped to pioneer as states of arousal.
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Abraham, William J. Symeon the New Theologian. Edited by William J. Abraham and Frederick D. Aquino. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199662241.013.27.
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For Symeon, Christianity is first and foremost a transformative experience of the divine, beginning in this life in response to the Gospel and scripture, mediated in the practices of the church, and brought to a fitting climax in the world to come. The epistemic corollary involves a particular conception of theological discourse, a vision of epistemic failure and struggle, and a grounding of theological claims in transformative perception of the divine as depicted in scripture and in the great dogmas of the canonical faith of the church. His epistemic orientation thus focuses on our epistemic faculties or capacities, their repair through divine action and grace, and their success in securing accurate depictions of the triune God. The chapter concludes with six questions and issues that deserve further investigation.
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Sime, Stuart. 21. Limitation. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198747673.003.2413.
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This chapter discusses the rules on limitation. The expiry of a limitation period provides a defendant with a complete defence to a claim. Limitation is a procedural defence. It will not be taken by the court of its own motion, but must be specifically set out in the defence. Limitation runs from accrual, which is when all the necessary elements for the cause of action are in existence. Technically, time runs from the day after the accident or breach, and stops running when the claim is brought. This is when the claimant has done everything they can to issue the claim form. Time does not run if the claimant is under disability, and in cases of fraud, mistake, and concealment. In personal injury and latent damage claims time will not start running until the claimant has the requisite ‘knowledge’.
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Fryberg, Stephanie, Rebecca Covarrubias, and Jacob A. Burack. The Ongoing Psychological Colonization of North American Indigenous People: Using Social Psychological Theories to Promote Social Justice. Edited by Phillip L. Hammack. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199938735.013.35.
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Colonizing events of the past and present continue to disrupt and change the cultural practices, histories, families, and languages of North American Indigenous peoples. As a result, Indigenous people experience a cultural disconnect between the past and the future, what we refer to as a disruption of traditional cultural cycles, in ways that foster psychological risks. In this chapter, we first discuss how the ongoing colonization of Indigenous people in contemporary society, with specific examples from the media and education, undermines psychological well-being. Second, we offer a theory of culture change as a “promotion” approach to target and mend the cultural disruptions brought on by colonizing practices and thereby to improve well-being. Finally, we offer research-based action items for social psychologists and for society more generally to alleviate the ongoing colonization of Indigenous people.
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Sime, Stuart. 21. Limitation. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787570.003.2413.
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This chapter discusses the rules on limitation. The expiry of a limitation period provides a defendant with a complete defence to a claim. Limitation is a procedural defence. It will not be taken by the court of its own motion, but must be specifically set out in the defence. Limitation runs from accrual, which is when all the necessary elements for the cause of action are in existence. Technically, time runs from the day after the accident or breach, and stops running when the claim is brought. This is when the claimant has done everything they can to issue the claim form. Time does not run if the claimant is under disability, and in cases of fraud, mistake, and concealment. In personal injury and latent damage claims time will not start running until the claimant has the requisite ‘knowledge’.
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de Vignemont, Frédérique, Andrea Serino, Hong Yu Wong, and Alessandro Farnè, eds. The World at Our Fingertips. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198851738.001.0001.
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Where do you end and the external world begin? This might seem to be a straightforward, binary question: your skin is the boundary, with the self on one side and the rest of the world on the other. Peripersonal space shows that the division is not that simple. The boundary is blurrier than you might have thought. Our ability to monitor the space near the body appears to be deeply ingrained. Our evolutionary history has equipped our brains with a special mechanism to track multisensory stimuli that can potentially interact with our physical body in its immediate surroundings and prime appropriate actions. The processing of the immediate space around one’s body thus displays highly specific multisensory and motor features, distinct from those that characterize the processing of regions of space that are further away. The computational specificities here lead one to wonder whether classic theories of perception apply to the special case of peripersonal space. We think that there is a need to reassess the relationship between perception, action, emotion, and self-awareness in the highly special context of the immediate surroundings of our body. For the first time, leading experts on peripersonal space in cognitive psychology, neuropsychology, neuroscience, and ethology gathered in this volume describe the vast number of fascinating discoveries about this special way of representing space. For the first time too, these empirical results and the questions they open are brought into dialogue with philosophy.
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Coopersmith, Jennifer. Antecedents. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198743040.003.0002.
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Early ideas about optimization principles were brought in by an eclectic group of extraordinary thinkers: the Ancients (Hero, and Princess Dido), Fermat with his Principle of Least Time, the Bernoullis, Leibniz, Maupertuis, Euler, and d’Alembert. Also, Stevin was the first to invoke the impossibility of perpetual motion in a proof, and Huygens was the first to put Galilean Relativity to a quantitative test. The Swiss family of mathematical geniuses, the Bernoullis, tackled isoperimetric problems, such as the brachystochrone, and Johann Bernoulli discovered the Principle of Virtual Velocities. The flavour of the eighteenth century is shown in the evocative tale of the König affair, and the correspondence between Daniel Bernoulli and Euler. It is shown how symmetry arguments, leading ultimately to an energy-analysis, were competing with Newton’s force-analysis. The Principle of Least Action and Variational Mechanics, proper, were developed by Lagrange, Hamilton, and Jacobi.
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Bearman, Peter, and Peter Hedström, eds. The Oxford Handbook of Analytical Sociology. Oxford University Press, 2011. http://dx.doi.org/10.1093/oxfordhb/9780199215362.001.0001.
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This book explores analytical sociology as an approach for explaining important social facts such as network structures, patterns of residential segregation, typical beliefs, and cultural tastes. It brings together some of the most prominent analytical sociologists in Europe and the United States in an effort to clarify the distinctive features of the approach and to further its development. The volume is organized into four parts. Part I describes the foundations of analytical sociology while Part II discusses the role of action and interaction in explaining diverse social processes such as emotions and beliefs. Part III looks at the macroscopic social dynamics brought on by the activation of the cog-and-wheel mechanisms, tackling topics ranging from segregation dynamics to divorce and social influence. Part IV concludes the book by asking how analytic sociology relates to other fields and approaches such as game theory, analytic ethnography, and historical sociology.
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Simon, Morris. 9 Conduct Regulation. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199688753.003.0009.
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This chapter looks at conduct regulation. The conduct standards contained in the Financial Conduct Authority’s (FCA) five main conduct of business sourcebooks—banking (BCOBS), investment business (COBS), general insurance (ICOBS), mortgages (MCOB), and consumer credit (CONC)—are explained. It then assesses FCA principle 10 (PRIN 10) and the underlying rules on the proper treatment of client assets (in CASS). Examples of instances in which action was brought for a breach of FCA principle 5 (PRIN 5)—on the need to observe proper standards of market conduct—are listed. It provides an overview of the six broad elements of product governance. The FCA’s recent changes to COBS in relation to its stance on product regulation and intervention are explained. The FCA’s competition policy—based on its objective to adopt a pro-competition approach to regulation—is explored, and a number of FCA market studies examining competition issues are reviewed.
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Björnsson, Gunnar. Explaining Away Epistemic Skepticism about Culpability. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198805601.003.0008.
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Recently, a number of authors have suggested that the epistemic condition on moral responsibility makes blameworthiness much less common than we ordinarily suppose, and much harder to identify. This paper argues that such epistemically based responsibility skepticism is mistaken. Section 2 sketches a general account of moral responsibility, building on the Strawsonian idea that blame and credit relates to the agent’s quality of will. Section 3 explains how this account deals with central cases that motivate epistemic skepticism and how it avoids some objections to quality of will accounts recently raised by Gideon Rosen. But an intuitive worry brought out by these objections remains. Section 4 spells out this remaining worry and argues that, like traditional metaphysical responsibility skepticism, it has its source in a non-standard explanatory perspective on action, suggesting that strategies for explaining away the intuitive pull of traditional skepticism are applicable in this case too.
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Sime, Stuart. 21. Limitation. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823100.003.2413.
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This chapter discusses the rules on limitation. The expiry of a limitation period provides a defendant with a complete defence to a claim. Limitation is a procedural defence. It will not be taken by the court of its own motion, but must be specifically set out in the defence. Limitation runs from accrual, which is when all the necessary elements for the cause of action are in existence. Technically, time runs from the day after the accident or breach, and stops running when the claim is brought. This is when the claimant has done everything they can to issue the claim form. Time does not run if the claimant is under disability, and in cases of fraud, mistake, and concealment. In personal injury and latent damage claims time will not start running until the claimant has the requisite ‘knowledge’, and there is a discretion to disapply limitation in personal injury claims.
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Eisenberg, Melvin A. The Statute of Frauds. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199731404.003.0056.
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Chapter 56 concerns the statute of frauds. The law does not require contracts as a class to be in writing. However, the Statute of Frauds, adopted in England in 1677 and in force in almost every American state, provides that certain kinds of contracts are unenforceable against the party sought to be held liable unless the contract is evidenced by a writing or, today, an electronic equivalent, signed by that party. Section 4 of the Statute provides that no action shall be brought upon any contract or sale of land, or any agreement that is not to be performed within one year from the making thereof, unless the agreement or some memorandum or note thereof is in writing and signed by the party to be charged. Section 17 of the original Statute covered contracts for the sale of goods. That section has been superseded by the UCC.
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McMahan, Jeff. Proportionate Defense. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198796176.003.0006.
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Proportionality in defense is a relation between the good and bad effects of a defensive act. Stated crudely, proportionality requires that the bad effects of such an act not be excessive in relation to the good. If this seems simple, the apparent simplicity is an illusion. This chapter explores some of the hitherto unappreciated complexities in the idea of proportionality. It explains how a requirement of proportionality differs from a requirement of necessity, distinguishes among various types of proportionality, and examines the ways in which proportionality in defense differs from proportionality in punishment. The chapter also suggests that certain good or bad effects may have less weight than others, or even no weight at all, in the assessment of proportionality. Finally, the chapter argues that proportionality is not just a matter of the consequences of action, but is also sensitive to the ways in which consequences are brought about.
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Craig, Paul, and Gráinne de Búrca. 12. Enforcement Actions Against Member States. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0012.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. A crucial component of the Commission’s task is to monitor Member State compliance and to respond to non-compliance. The Treaty on the Functioning of the European Union (TFEU) provides for various enforcement mechanisms involving judicial proceedings against the Member States, which are brought either by the Commission or - much less frequently - by a Member State. Article 258 TFEU establishes the general enforcement procedure, giving the Commission broad power to bring enforcement proceedings against Member States that it considers to be in breach of their obligations under EU law. This chapter discusses the function and operation of the infringement procedure; the relationship between ‘public’ and ‘private’ enforcement mechanisms; the Commission’s discretion; types of breach by Member States of EU law; state defences in enforcement proceedings; and the consequences of an Article 258 ruling.
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Romaniuk, Peter. International Organization and Terrorism. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.235.
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Before 9/11, the literature on terrorism and international organizations (IOs) was largely event driven. That is to say, the modest nature of the debate reflected a modest empirical record of IO engagement in responding to terrorism. Moreover, this period saw a correlation between the way states acted against terrorism through IOs and the nature of subsequent debates. Famously, states were (and remain) unable to agree on a definition of “terrorism,” precluding broad-based action through IOs. The findings presented in this literature were furthermore often quite bleak. The immediate post-9/11 period, however, was much more optimistic. This period saw an unprecedented increase in action against terrorism in IOs, primarily through the Security Council resolution 1373. Resolution 1373 elaborates a broad—and mandatory—agenda for counterterrorism cooperation. This resolution has had significant and ongoing consequences for the ways IOs are utilized in the effort to suppress terrorism. Furthermore, this and other IO engagements with terrorism brought about an increase in scholarly interest in the area, even giving rise to a sense of optimism in the literature. Thus, from the pre- to the post-9/11 period, there are elements of both continuity and change in the way scholars have discussed terrorism in the context of IOs.
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Robinson, Anthony, David Ruebain, and Susie Uppal, eds. Blackstone's Guide to the Equality Act 2010. 4th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198870876.001.0001.
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The Equality Act 2010 was an extremely significant reform of the UK discrimination law, consolidating the existing mass of statutory provisions into one statute. The Act brought new rights against discrimination and imposed new duties on employers, service providers, and public authorities. It defined nine protected characteristics: age, disability, combined grounds, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation. This fully revised edition covers all recent developments in the law relating to the Equality Act 2010 and considers the impact of exiting the EU, the transitional period, and the implications for the interaction of the Equality Act and EU law post-Brexit. The book includes new cases and judgments in several key sectors such as employment rights, education, premises, public sector, enforcement, and positive action. Combining the full text of the Act, as amended, with narrative from an expert team, the book is an invaluable resource for all who encounter the evolving legislation.
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Billa, Flint, Ryerson Egerton 1803-1882, Fowler Harvey, and Upper Canada. Court of General Quarter Sessions of the Peace (Midland District), eds. Methodist Chapel-property case: Report of the trial of an action brought by John Reynolds and others, on the part of persons calling themselves "the Methodist Episcopal Church in Canada", against Billa Flint, Jun., and others, trustees of the Wesleyan-Methodist Church in Belleville, to obtain a chapel in the possession of the latter in the town of Belleville. [Toronto?: s.n.], 1985.
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Vogt, Katja Maria, and Justin Vlasits, eds. Epistemology After Sextus Empiricus. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190946302.001.0001.
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Pyrrhonian skepticism is defined by its commitment to inquiry. The Greek work skepsis means inquiry—not doubt, or whatever else later forms of skepticism took to be at the core of skeptical philosophy. The book proposes that Sextus Empiricus’s legacy in the history of epistemology is that he developed an epistemology of inquiry. The volume’s authors investigate epistemology after Sextus, both ways in which he has influenced the history of philosophy and ways in which he and the Pyrrhonian tradition he represents ought to contribute to contemporary debates. As a whole, the book aims to (re)instate Sextus as an important philosopher in these discussions in much the same way that Aristotle has been brought into discussions in contemporary ethics, action theory, and metaphysics. Sextus provides a fresh take on contemporary debates because he approaches issues of perception, disagreement, induction, and ignorance from the perspective of inquiry. The volume’s contributions address four core themes of Sextus’s skepticism: (1) appearances and perception, (2) the structure of justification and proof, (3) belief and ignorance, and (4) ethics and action. These themes are explored in some historical authors whose work relates to Sextus, including Peripatetic logicians, Locke, Hume, Nietzsche, and German idealists; and they are explored as they figure in today’s epistemology, philosophy of mind, philosophy of language, and ethics.
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Hurst, Steven. The United States and the Iranian Nuclear Programme. Edinburgh University Press, 2018. http://dx.doi.org/10.3366/edinburgh/9780748682638.001.0001.
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The United States, Iran and the Bomb provides the first comprehensive analysis of the US-Iranian nuclear relationship from its origins through to the signing of the Joint Comprehensive Plan of Action (JCPOA) in 2015. Starting with the Nixon administration in the 1970s, it analyses the policies of successive US administrations toward the Iranian nuclear programme. Emphasizing the centrality of domestic politics to decision-making on both sides, it offers both an explanation of the evolution of the relationship and a critique of successive US administrations' efforts to halt the Iranian nuclear programme, with neither coercive measures nor inducements effectively applied. The book further argues that factional politics inside Iran played a crucial role in Iranian nuclear decision-making and that American policy tended to reinforce the position of Iranian hardliners and undermine that of those who were prepared to compromise on the nuclear issue. In the final chapter it demonstrates how President Obama's alterations to American strategy, accompanied by shifts in Iranian domestic politics, finally brought about the signing of the JCPOA in 2015.
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Orr, David W. Down to the Wire. Oxford University Press, 2009. http://dx.doi.org/10.1093/oso/9780195393538.001.0001.
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The real fault line in American politics is not between liberals and conservatives.... It is, rather, in how we orient ourselves to the generations to come who will bear the consequences, for better and for worse, of our actions. So writes David Orr in Down to the Wire, a sober and eloquent assessment of climate destabilization and an urgent call to action. Orr describes how political negligence, an economy based on the insatiable consumption of trivial goods, and a disdain for the well-being of future generations have brought us to the tipping point that biologist Edward O. Wilson calls "the bottleneck." Due to our refusal to live within natural limits, we now face a long emergency of rising temperatures, rising sea-levels, and a host of other related problems that will increasingly undermine human civilization. Climate destabilization to which we are already committed will change everything, and to those betting on quick technological fixes or minor adjustments to the way we live now, Down to the Wire is a major wake-up call. But this is not a doomsday book. Orr offers a wide range of pragmatic, far-reaching proposals--some of which have already been adopted by the Obama administration--for how we might reconnect public policy with rigorous science, bring our economy into alignment with ecological realities, and begin to regard ourselves as planetary trustees for future generations. He offers inspiring real-life examples of people already responding to the major threat to our future. An exacting analysis of where we are in terms of climate change, how we got here, and what we must now do, Down to the Wire is essential reading for those wanting to join in the Great Work of our generation.
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Labrador, Angela M., and Neil Asher Silberman. Introduction. Edited by Angela M. Labrador and Neil Asher Silberman. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780190676315.013.32.
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The field of cultural heritage is no longer solely dependent on the expertise of art and architectural historians, archaeologists, conservators, curators, and site and museum administrators. It has dramatically expanded across disciplinary boundaries and social contexts and now includes vernacular architecture, intangible cultural practices, knowledge, and language, performances, and rituals, as well as cultural landscapes. Heritage has become entangled with the broader social, political, and economic contexts in which heritage is created, managed, transmitted, protected, or destroyed. Heritage protection now encompasses a growing set of methodological approaches whose objectives are not necessarily focused upon the maintenance of material fabric, traditionally cultural heritage’s primary concern. Rather, these objectives have become explicitly social with methods foregrounding public engagement, diverse values, and community-based action. Thus, we introduce the term “public heritage” as a way of bringing together these emerging practices. This handbook charts major sites of convergence between the humanities and the social sciences—where new disciplinary perspectives are being brought to bear on public heritage. This introduction outlines the potential contributions of development studies, political science, anthropology, management studies, human geography, ecology, psychology, sociology, cognitive studies, and education to the field of public heritage.
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Li, Jie Jack. Top Drugs. Oxford University Press, 2015. http://dx.doi.org/10.1093/oso/9780199362585.001.0001.
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Drugs like Lipitor, Plavix, Taxol, and Zoloft are integral in today's medicinal world. These widely used products save lives and improve the quality of lives, playing a crucial role in everything from cholesterol management to cancer treatment. These advances in medicine were brought into existence after nuanced process of creation, featuring a wide range of chemical and pharmacological experimentation and discovery. Top Drugs: Their History, Pharmacology, and Synthesis provides an in-depth study on ten prominent drugs, outlining the chemistry behind each one's creation. Jie Jack Li, a medicinal chemist and an expert on drug discovery, offers a thorough analysis of the landscape of current drug development. The comprehensive text is divided by health issues, including cardiovascular, cancer, metabolic diseases, and infectious diseases. Each section features individual chapters on significant drugs, outlining the chemistry and history of the drug's discovery. Li begins each chapter with the product's history, providing necessary context. Li then proceeds to describe the mechanism of action, structure-activity relationship (SAR), bioavailability, metabolism, toxicology, the discovery route, and the process route. Top Drugs: Their History, Pharmacology, and Synthesis will acclimate students, scientists, and interested laypersons to the world of chemistry and drug discovery.
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Farrell, Justin. Buffalo Crusaders: The Sacred Struggle for America’s Last Wild and Pure Herd. Princeton University Press, 2017. http://dx.doi.org/10.23943/princeton/9780691164342.003.0004.
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This chapter examines the bitter, long-lasting, and sometimes violent dispute over the Yellowstone bison herd—America's only remaining genetically pure and free-roaming herd, which once numbered more than 30 million but was exterminated down to a mere 23 single animals. This intractable issue hinges on current scientific disagreements about the biology and ecology of the disease brucellosis (Brucella abortus). But in recent years, a more radical, grassroots, and direct action activist group called the Buffalo Field Campaign (BFC) has found success by shifting the focus of the debate away from science, toward the deeper religious dimensions of the issue. The chapter shows how the infusion of the conflict with moral and spiritual feeling has brought to the fore deeper questions that ultimately needed to be answered, thus making this a public religious conflict as much as a scientific one, sidestepping rabbit holes of intractability. It observes the ways in which BFC activists engaged in a phenomenon called moral and religious “muting.” This has theoretical implications for understanding how certain elements of culture (e.g., individualism and moral relativism) can organize and pattern others—especially in post hoc explanations of religiously motivated activism.
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Kolstø, Pål, and Helge Blakkisrud, eds. Russia Before and After Crimea. Edinburgh University Press, 2018. http://dx.doi.org/10.3366/edinburgh/9781474433853.001.0001.
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Explores the momentous changes that have taken place in the Russian national identity discourse since Putin’s return to the presidency Russia’s annexation of Crimea in 2014 marked a watershed in post-Cold War European history and brought East–West relations to a low point. At the same time, by selling this fateful action in starkly nationalist language, the Putin regime achieved record-high popularity. This book shows how, after the large-scale 2011–2013 anti-Putin demonstrations in major Russian cities and the parallel rise in xenophobia related to the Kremlin’s perceived inability to deal with the influx of Central Asian labour migrants, the annexation of Crimea generated strong ‘rallying around the nation’ and ‘rallying around the leader’ effects. The contributors to this collection go beyond the news headlines, focusing on aspects of Russian society that have often passed under the radar, such as intellectual racism and growing xenophobia. These developments are contextualised by chapters that provide a broader overview of the latest developments in Russian nationalism – both state-level nationalism and independent, bottom–up-driven societal nationalism, and the tensions between the two are explored.
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Farrier, Jasmine. Constitutional Dysfunction on Trial. Cornell University Press, 2019. http://dx.doi.org/10.7591/cornell/9781501702501.001.0001.
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In an original assessment of all three branches, this book reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, the book diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, the book provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes. As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire—leaving Congress as an institution even more disadvantaged. The book argues these suits are more symptoms of constitutional dysfunction than the cure. It shows federal judges will not and cannot restore the separation of powers system alone. Fifty years of congressional atrophy cannot be reversed in court.
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American Bar Association. Commission on Immigration Policy, Practice and Pro Bono., ed. A legal guide for INS detainees: Actions brought against INS or other law enforcement officials for personal injury or property damage or loss. Washington, D.C: American Bar Association, Commission on Immigration Policy, Practice, and Pro Bono, 2002.
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