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Teachers’ relationships with their students are the focus of this chapter. These relationships can determine the outcomes of learning, but also affect the professional and emotional lives of teachers. The cases in this chapter examine how teacher-student relationships unfold in diverse multicultural contexts and cover topics such as being a Black teacher in Japan, compromising the privacy of a gay primary school teacher in Canada, and knowing students’ names.
The Declaration of Independence, usually regarded principally or even exclusively as a manifesto about certain “inalienable rights,” is better understood, especially historically, as a complex argument about popular sovereignty. Who exactly were “the people” who were entitled, as in the America of 1776, to secede from the British Empire and then claim their own rights of “self-determination”? The Declaration begins with the assertion that Americans were “one people.” But that was demonstrably false, even in 1776, and has become even more so since then. After all, James Madison, in Federalist 10, emphasizes the plurality of interests, including, religion and property, that generate “faction” and the possibility of tyranny of governing elites. Does the Declaration, even if complemented by the Constitution, supply enough of an “American creed” to supply the basis for genuine unity and political amity or does it instead plant the seeds for further division and even secession in the name of self-determination and government by consent of the governed?
Chapter 5 considers whether trademark enforcement laws adequately protect expressive values and fair competition. It first applies the free speech framework for trademark law to examples of trademark infringement and dilution laws, and discusses whether those laws promote important trademark purposes and/or harm protected expression too much in pursuit of those goals. Then the chapter considers whether defensive doctrines in trademark enforcement laws adequately protect speech interests and promote fair competition and other important goals of trademark law. This includes the commercial use or trademark use of the mark requirement for trademark liability; broad rules balancing trademark rights against free speech rights or other public interests (such as the EU’s due cause defense to dilution and the US Rogers test for infringement); fair use of the mark to identify or refer to the trademark owner (such as in connection with accessories, spare parts, comparative advertising, news reporting, parody, and other nominative fair uses); and affirmative defenses allowing fair use of descriptive terms, a person’s own name and/or address, nondistinctive matter, and functional uses.
Abstract: This chapter examines post-judgment procedures in international law that aim at (or can be used for) compliance adjudication and the applicable remedies. Specific procedures for compliance adjudication exist in regional trade agreements as well as in some multilateral treaties establishing adjudication mechanisms. Additionally, ad hoc agreements to submit disputes to adjudication sometimes permit adjudication on implementation or compliance. States have occasionally resorted to these provisions. A few ICs, and in particular the Inter-American Court of Human Rights, have themselves established the permissibility of compliance adjudication. In a few cases, states have sought to employ requests for interpretation to obtain rulings on compliance. The chapter concludes by considering the permissible scope of review and the remedies applicable at the compliance stage, including the lawfulness of remedy repetition and remedy escalation.
Intensive care has been one of the marvels of modern medicine. For centuries, many conditions like septic shock, major trauma, or acute decompensations of chronic pulmonary, cardiac, or liver disease, carried a terrible prognosis. But, with the development and dissemination of modern intensive care systems, the ability to rapidly evaluate and resuscitate patients and to provide vital organ support, such as mechanical ventilation, has led to dramatic reductions in hospital mortality rates. A side-effect of this success, however, is the ever-growing population of individuals who survive life-threatening illness only to face a long and protracted road to recovery.
The first part of this chapter examines how commentators in both adversarial and inquisitorial systems have looked to the other system as a means to prevent wrongful convictions. Those in adversarial systems have been attracted to inquisitorial commitments to truth-finding, aversion to plea bargaining and fact-based appellate revisions. Those in inquisitorial systems have looked to the role of the defence counsel in calling and cross-examining witnesses and public and transparent fact-finding. The second part illustrates some differences among inquisitorial systems by contrasting the correction of wrongful convictions in Sweden and Norway and the different use of guilty pleas in China and Taiwan. The next part examines how German, Italian, French, Chilean and Japanese systems remedy wrongful convictions, including through fact-based revision procedures. Finally, trends in the use of guilty pleas and summary procedures in those countries are examined. Although it is diminishing, inquisitorial systems still have an advantage over adversarial systems because of their caution in relying on guilty pleas and summary procedures for serious offences.
The scope of this chapter is to provide an overview of the relationship of substance use disorders (SUD) and suicidal behaviour. The epidemiology of substance use disorders and suicidal behaviour is extensively and critically reviewed in general and clinical populations. The mediating mechanisms for this association are examined.
The findings strongly indicate that SUD is a robust risk factor for suicidal behaviour: It is remarkable that the contribution of SUD to suicidal behaviour is universal except for few variations in the association of SUD with suicidal behaviour between high-income and low-income and middle-income countries.
Some fictions have explicit narrators, like Marcel in À la recherche du temps perdu, Watson in the Sherlock Holmes stories, or the unnamed first-person teller in Don Quixote. Explicit narrators are less common in fiction films, but there are some – the late Joe Gillis in Wilder’s 1950 film Sunset Boulevard, and Addison DeWitt in Mankiewicz’s 1952 film All About Eve. This chapter addresses the debate on whether there are covert fictional narrators in most or all fictions, which is assumed, for instance, in David Lewis’s account of truth in fiction. The chapter argues that many fictions, in literature, theater, and film, do have covert narrators, although they may well “fade into the background and have little or no significance for criticism or appreciation,” as Kendall Walton put it. Nevertheless, like Walton (and George Wilson), I reject their ubiquity. To that effect, the chapter relies on the constitutive-rules speech-act account of fictionality that was defended in Chapters 2 and 3 to elaborate on two distinctions suggested by Wilson, and to defend on that basis effaced fictional narrators, by developing his ‘silly question’ reply to skeptics’ arguments against covert narrators.
In the conclusion, we weave together the themes of the volume. We trace three historically overlapping configurations corruption and colonialism, corruption and modernity, and neoliberalism and anti-corruptionism and suggest that we may be entering into a one (a fourth one) characterized by illiberalism. Additionally, we propose “deep analogies” that cross-cut the configurations, including corruption’s inevitable intertwining with power, institutional sedimentation, and processes of evaluation.
Analyzing data requires more than simply running one model and reporting the results. Getting trustworthy results requires careful checking of the data, including checking for and addressing missing values, nonlinearities, and collinearity, and generating any necessary composite or recoded variables such as interaction terms, scales or indices, or even lagged variables. Finally, problems occur when messy real-world data meet assumption-laden models. Endogeneity, simultaneity, omitted variable bias, fixed effects, and dichotomous DVs all violate key assumptions of the OLS model and require appropriate statistical and/or theoretical adjustments to produce trustworthy results.
This chapter examines the financing of the radical right inside and outside of the United States. The chapter focuses on why countering the radical right is so challenging, especially in the US context.
When the dryly assured narrator of Northanger Abbey introduces a new character by summarily denying “the necessity of a long and minute detail from Mrs. Thorpe herself, of her past adventures and sufferings,” Jane Austen effectively kicks Lady Vane, Leonora, Cynthia, Miss Price, Amri and this book’s chorus of motley tale-tellers out of the novel. Of course, as documented by the previous six chapters, Don Quixote, Henry Fielding, and other characters, authors, critics and common readers had been threatening to do as much for generations, and indeed, from the first. However, as we have now seen, that same propensity of eliciting such critical disfavor had already been a proven if unarticulated feature of the interpolated tales that early novelists continued to wield, disrupting their plots. For the two centuries between Don Quixote and Obi, interpolated tales were all but omnipresent: a pervasive, yet still consistently aggravating feature that co-constituted the novel form and provided critics and readers with an off-center vantage point from which to consider it. But sometime on or about 1800, novel relations changed, internally and formally, in a shift of balance from one prevailing version of heteroglossia to another.
Chapter 4 shows how, as the Wales novel congealed into a stable genre, it began to confront the knotty problem of race. The notorious economic underdevelopment of Wales posed a problem to Scottish Enlightenment-inspired anthropologists who cast climate and religion as the determinants of standardized, stadial socioeconomic progress. Such theories failed to account for the wealth gap between Wales and England, since Wales’s climate was mostly identical to England’s and Wales had come to be understood as the heartland of British Protestantism. As authors struggled to explain Welsh impoverishment, they became increasingly willing to use race to figure the Welsh as different from Anglo-Britons in kind, rather than in degree of social development. Some authors contended that the Welsh were “negroes,” “savages,” and “men of copper,” who deviated from a phenotypically white Britishness, while others insisted they were the progenitors of a pure race destined to rule the world.