Showing papers on "Doctrine published in 1998"

Judicial Partisanship and Obedience to Legal Doctrine: Whistleblowing on the Federal Courts of Appeals

Abstract: In traditional legal analysis, scholars take for granted the effect of Supreme Court doctrine Lower courts are presumed to adhere to the self-enforcing principle of stare decisis and to apply the doctrines of higher courts to the particular facts of the underlying case1 Precedent reputedly controls lowercourt decisions2 Whether such obedience to legal doctrine occurs as routinely as this analysis suggests, however, has not been adequately addressed in the legal literature Indeed, there are few empirical studies by legal scholars bearing on the matter at all3 In this Essay, we go to the heart of the issue and

Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons

Abstract: 1. Introduction Part I. The Case of Judicial Prison Reform: 2. An overview of judicial prison reform 3. Two classic prison reform cases: Arkansas and Texas 4. Three variations on a theme: the Colorado penitentiary, the Santa Clara county jails and Marion penitentiary Part II. The Theory of Judicial Policy-Making: 5. Defining the problem, identifying the goal, and rejecting the principle of federalism 6. Creating doctrine, choosing solutions and transforming the rule of law 7. Implementing the solution, muddling through and ignoring the separation of powers principle 8. Conclusion 9. CODA: assessing the successes of judicial prison reform.

The New Public Management And A New Accountability

Abstract: There has long been a disparity between the practice and the neo-Diceyan doctrine of accountability in British central government. This article shows that the New Public Management (NPM), while not itself the root cause of such disparity, has nevertheless both exacerbated and further exposed existing fault-lines. This much is evident from an examination of NPM’s theoretical bearings and from brief case studies of the Child Protection Agency and the Prison Service. Reflecting broad and deep-seated forces, the NPM is unlikely to disappear. Thus although there are certain attractions in retaining neo-Diceyan assumptions, it may be more appropriate to reconstruct the formal doctrine. Drawing upon Spiro’s notion of ‘multicentric’ accountability and within the context of calls for wider constitutional reform, the article sketches the basis for a new doctrine, having regard to relevant moralities and practicalities.

Impossibility and Related Doctrines in Contract Law: An Economic Analysis

Abstract: O RDINARILY the failure of one party to a contract to fulfill the performance required of him constitutes a breach of contract for which he is liable in damages to the other party. But sometimes the failure to perform is excused and the contract is said to be discharged rather than breached. This study uses economic theory to investigate three closely related doctrines in the law of contracts that operate to discharge a contract: "impossibility," "impracticability," and "frustration." These are not the only excuses for nonperformance of a contract. Among other excuses, not discussed in this study, is the closely related doctrine of mutual mistake (sometimes called "antecedent impossibility"). Also related, and only incidentally discussed herein, is the doctrine of Hadley v. Baxendale1 limiting the liability of the breaching party to the foreseeable damages of the breach. There is an extensive legal literature on the set of doctrines that, for want of a more inclusive term, we shall sometimes lump together under the name "impossibility." The main conclusions of this literature are summarized in Part IA, next, while Part IB analyzes the subject from the standpoint of economics.2 Part II applies the economic analysis to the leading cases and

The Philosophic Foundations of Human Rights

Abstract: Today, through the United Nations and its half century of enactments, an impressive body of human rights doctrine is embodied in international law This is in sharp contrast to the situation fifty years ago when there was no body of international human rights law Having come this far legally, why then should one still be concerned with the philosophic foundations of such international human rights law? To philosophize, Plato taught, is to come to know oneself Others say that the special function of philosophy is to deepen our understanding of truth Still others see the philosopher as a judge, assessing the varieties of human experience and pronouncing on the claim to knowledge1 Yet, still more reasons exist for exploring the philosophic underpinnings of human rights law First, one's own attitudes toward the subject of international human rights law are likely to remain obscure unless one understands the philosophies that shape them2 Piaget's statement that "morality is the logic of action" contains a striking insight

The European Court and national courts -- doctrine and jurisprudence : legal change in its social context

Abstract: Part 1 National reports: report on Belgium, Herve Bribosa report on France, Jens Plotner report on Germany, Juliane Kokott the Italian Constitutional Court and the relationship between the Italian legal system and the European Union, Marta Cartabia report on Italy, P. Ruggeri Laderchi report on the Netherlands, Monica Claes and Bruno de Witte report on the United Kingdom, P.P. Craig. Part 2 Comparative analyses: explaining national court acceptance of European Court jurisprudence - a critical evaluation of theories of legal integration, Karen Alter the role of national courts in the process of European integration - accounting for judicial preferences and constraints, Walter Mattli and Anne-Marie Slaughter sovereignty and European integration - the weight of legal tradition, Bruno de Witte constitutional dialogues in the European Community, Alec Stone Sweet constitutional or international? the foundations of the community legal order and the question of judicial kompetenz-kompetenz, J.J.H. Weiler and Ulrich R. Haltern epilogue - the European Courts of Justice - beyond "beyond doctrine" or the legitimacy crisis of European constitutionalism, J.H.H. Weiler.

On space warfare : a space power doctrine

Abstract: : Ever since President Ronald Reagan's speech on ballistic missile defense (BMD) in March 1983, the military use of space has become a hotly debated topic. President Reagan did not mention space, only a plan to place renewed emphasis on the development of a BMD technology. Nevertheless, the speech was promptly dubbed "Star Wars" because the space environment seems to be the most likely place to deploy a ballistic missile defense system, and several administration officials mentioned space-based BMD systems as technological possibilities. Although Americans are accustomed to public debate concerning the merits of proposed weapon systems, the Star Wars controversy covers issues broader. Will space-based weapon systems allow a new strategy to replace assured destruction? Are we prepared to militarize space, an environment that has been treated as a war-free sanctuary since the Eisenhower administration? Are space-based weapons that have been proposed for BMD purposes technologically feasible? This paper provides exceptional insights into the various doctrines that do or would govern military affairs in the space environment. Its strengths are the author's ability to articulate the various doctrines, the historical perspective from which these doctrines are examined, and the broad context from which these doctrines are viewed. The prescription for the space power doctrine presented in this paper is not radically different from the path the United States has already taken. It calls for a complete space transportation system to augment the space shuttle, a system which includes space stations and a family of high- and low-thrust upper stages that will help maintain this nation's technological control of the environment. While this space transportation system will support both civilian and military users, we should develop a separate and primarily military vehicle, the aerospace plane, as soon as possible.

China in the ASEAN Regional Forum: Organizational Processes and Domestic Modes of Thought

Abstract: Some recent scholarly analysis of the ASEAN Regional Forum (ARF) has suggested that the main impetus behind the creation of the new security organization was the perceived need to establish a stable distribution of power among the three major states of the Asia-Pacific: namely, China, Japan, and the United States.1 When the idea of establishing a multilateral security organization in the Asia-Pacific was first raised in the late 1980s and early 1990s, government officials and commentators in the region appeared concerned that the People's Republic of China's (PRC) potentially dominating role, in combination with a U.S. strategic withdrawal-as exemplified by the termination of its base rights in the Philippines in 1991-could in turn provide the impetus for Japan to adjust its security doctrine, with serious repercussions for the remaining states in the region. However, given America's overwhelming power projection capabilities, the maintenance of its core bilateral alliances, and the domestic constraints on a fundamental alteration in Japan's defense doctrine, it is the possible repercussions from the rise of China in the post-Cold War era that have received the most attention. This is an inevitable consequence of the scale of the PRC's economic transformation since the 1979 introduction of economic re-

Reshaping the Map of Israel: A New National Planning Doctrine

Abstract: The planning doctrine that guided Israel's planning policy for the first forty years of its existence is being replaced by a new planning doctrine, prompted largely by the great wave of immigration from the Soviet Union starting in 1989. New approaches to housing, employment, and physical and social infrastructure were needed to meet the demands of the sudden influx of some 700,000 new immigrants. In addition to Soviet immigration, two other important factors influenced planning policy: the peace agreements with Egypt and Jordan, which changed the geostrategic importance of the peripheral regions of the country, and the development of the Israeli economy into an economy based on high-technology industry and producer services. The globalization of Israel's economy has reduced the capacity of public policy to influence the location of economic activity. The new planning doctrine is highly sensitive to the scarcity of land and is based on a view of the future map of Israel as an agglomeration of four metropo...

A New Look at Trade Secret Law: Doctrine in Search of Justification

Abstract: Introduction ..................................................................................... 243 I. Where We Are Today-A Brief Summary of Current Trade Secret Law ................................................................ 247 A. Information That Qualifies as a Trade Secret ........................ 248 B. Improper Acquisition, Use or Disclosure ............................... 250 II. How We Got Where We Are-An Intellectual History of Trade Secret Law ....................................................... 251 A. The Emergence of a General Theory of Trade Secret Law ........................................................................... 251 B. The Collapse of the General Theory ..................................... 259 III. Making Sense of Where We Are-Arguments from Efficiency ......................................................................... 260 A. Incentives to Create .............................................................. 262 1. The General Argument ................................................... 262 2. The Argument Applied ................................................... 264 3. Intermediate Research Results and Nontechnological Information ........................................ 270

Fair Use vs. Fared Use: The Impact of Automated Rights Management on Copyright's Fair Use Doctrine

Abstract: Fair Use Vs. Fared Use: The Impact of Automated Rights Management on Copyright's Fair Use Doctrine TOM W. BELL[*] In this Article, Professor Bell examines the impact of new technologies on copyright's fair use doctrine. The Article examines the prospective capabilities of automated rights management technologies to monitor and track the exchange of information in digital intermedia, such as the Internet, that would enable copyright holders to bill consumers for use of their works. Professor Bell argues that these billing capabilities will cause a transformation in copyright law: a system of "fared use" will radically reduce the scope of the "fair use" defense. Upon examination of the effects of such a transformation, Professor Bell posits that a system of fared use actually may offer freer access to expressive works. Professor Bell argues that allowing copyright owners and consumers to exit copyright law and freely contract under a fared use system in time may reveal a system more beneficial than one preempted by federal copyright law. Professor Bell concludes by urging lawmakers and academics to await the emergence of new automated rights technologies and allow experimentation in the market to dictate copyright law's adaptation to such new technologies, rather than requiring new technologies to adapt to the traditional fair use doctrine.

Learning from Conflict: The U.S. Military in Vietnam, El Salvador, and the Drug War

Abstract: Preface and Reader's Guide Abbreviations Introduction and Theoretical Overview Overview and Background The Sources of Doctrinal Change: Structuring Contending Explanations Development and Evolution of U.S. Doctrine for Counterinsurgency and LIC Case Study 1: Analyzing Change to Published Doctrine for Counterinsurgency in the Post-Vietnam War Era Official Army Studies on Counterinsurgency and Identifying Shortcomings Counterinsurgency Doctrine in the Post-Vietnam War Era: Has There Been Conceptual Change? Did the U.S. Army Learn?: Assessing the Doctrinal Evidence Case Study 2: Testing for Doctrinal Continuity: The U.S. Counterinsurgency Assistance Effort in El Salvador "Drawing the Line" in Central America: U.S. Counterinsurgency Assistance in El Salvador Counterinsurgency from Vietnam to El Salvador: Testing for Doctrinal Continuity Why Didn't Counterinsurgency Doctrine Change After the Vietnam War: Testing Hypotheses Case Study 3: Testing for Doctrinal Change or Continuity: The Drug War in the Andean Ridge Fighting The Drug War on the Andean Ridge Explaining Doctrinal Change: The Drug War on the Andean Ridge Conclusions and Recommendations Theoretical Conclusions Recommendations: LIC and Military Organizations as Learning Institutions Appendix: Measuring Change in Doctrine for Counterinsurgency Selected Bibliography Index

Joint Doctrine for Information Operations

Abstract: : This publication establishes a detailed understanding of IO It provides doctrine, principles, and concepts on the fundamentals of IO and its significance in joint operations The concepts of offensive and defensive IO are extensively addressed, with emphasis on their capabilities and activities Organization is discussed as a key ingredient to successful IO Equally important are the strategic, operational, and tactical planning aspects of IO Finally, the preparation of those personnel and organizations responsible for planning and conducting IO is achieved through extensive training, exercise, and modeling and simulation programs that mirror the manner in which the United States will employ military force

Agrarian doctrines of development: Part I

Abstract: Doctrines of development are understood through a distinction between intentional development and the immanent process of capitalist development. Agrarian doctrine consists of proposals, usually associated with official policy, to undertake agrarian schemes of development based on small‐farm, household production. The intention is to compensate for mass unemployment, urban poverty and the threat of rural emigration. This article gives a historical account of two cases of agrarian doctrine. The first, that of nineteenth‐century Quebec following self‐government in 1848, illustrates the intention of land colonisation schemes to prevent emigration from French Canadian territory to the United States. In the second case, that of twentieth‐century Kenya, schemes of household production were developed in the face of the emergence of mass unemployment; their promotion, especially after political independence in 1963, accompanied the development of indigenous capitalism. The social trusteeship of development is the...

Incentives, predestination and free will

Abstract: I. INTRODUCTION Max Weber's [1930] "The Protestant Ethic and the Spirit of Capitalism" argues that the Protestant reformation set the stage for post-Medieval economic growth. Using an occupational study of Germans from 1895, Weber shows that Protestants dominate the mercantile or capitalist occupations in that country at that time period. Weber also argues that between 1600 and 1900, Protestant countries advanced faster than their Catholic neighbors and that this was the result of Calvin's urging acceptance of material success and the dogma of predestination.(1) An ocean of work beginning with Rachfahl [1909] and Sombart [1913] has since attacked Weber's theological generalizations (see Giddens, [1992], for a review). Tawney [1926] and Robertson [1933] argue Weber's causal interpretation is wrong and that economic growth laid the framework for Protestantism, not Protestantism for economic growth. Samuelsson [1961] disputes the very correlation between Protestantism and economic success which is the basis of the Weberian hypothesis. The correlation between Protestantism and economic success is certainly weaker than Weber suggests, even in the German data that Weber himself uses. Furthermore, more modem data tends to find only a modest link between Protestantism and economic success, as in Winter [1974] and Tomes [1994].(2) However, for centuries there were gaps in economic success between Protestant and Catholic nations, and new findings on early modem data tend to confirm differences between Protestants and Catholics at least within the U.S. As Weber's arch-critic Samuelsson himself writes "there is some truth in the contention that the Protestant countries, and especially those adhering to the Reformed church, were particularly vigorous economically." Given that there was some correlation between Protestantism and economic success before the mid to late 20th century, the question then becomes why this correlation existed. Some elements of Protestant theology clearly encourage capitalism. Usury doctrines became less rigid under Calvinism (Nelson [1972]); avarice was de-emphasized as a sin. Weber claims that Luther's concept of a "calling" includes worldly success and that this is a prominent difference with Catholic doctrine. Although this theological claim has been subject to much debate, e.g. Sombart [1915], there still appears to be some basic truth to this point. One of the largest theological gaps between the denominations is that Calvinism accepts the dogma of predestination while Catholicism argues for a dogma of free will.(3) For the purposes of this paper we will follow Weber and accept broad brush definitions of doctrine rather than getting mired in the more subtle features of the two doctrines. Under predestination, a spiritual elite is preordained before the beginning of time and will receive eternal life.(4) Under free will, it is only through a lifetime of good actions that individuals are accepted into Heaven.(5) Weber argues that predestination creates a more lasting basis for economic growth than the dogma of free will. In this paper, we present a model that formally treats Weber's claim under particular circumstances and show how predestination could create the correlation between Protestantism and growth that existed in the pre-modern era. Our model also suggests conditions under which a more successful society would favor the doctrine of predestination, which can be seen as a formalization of Tawney's and Robertson's view that economic growth created the reformation. In this essay, both free will and predestination create incentives which spur good behavior.(6) Under the doctrine of free will, good behavior is motivated by an increased probability of getting into heaven. Under the doctrine of predestination, this incentive is irrelevant because individual actions do not determine spiritual outcomes. Instead an individual's actions are motivated by a desire to receive positive behavior from others by convincing them that he is part of the spiritual elite. …

The contexts for managing depression and its stigma among black West Indian Canadian women

Abstract: There is a paucity of literature available to assist nurses and other care providers in knowing how to meet the needs of depressed women from non-dominant cultural backgrounds. To begin to address this need, we conducted a grounded theory study on black West Indian Canadian Women's strategies for managing depression. We discovered a basic social process, Being Strong, that the women used to manage or ameliorate depression. Being strong occurs within the overlapping areas of three social contexts: the cultural stigma of depression, male-female roles and relationships, and belief in Christian doctrine. These contexts are located against a backdrop of visible minority status within a eurocentric society. This socio-cultural contextual material provides the setting within which black West Indian Canadian women live and make decisions. In this article, we present findings related to the social and cultural aspects of the women's situation.

Union with Christ: The New Finnish Interpretation of Luther

Abstract: This book introduces the English-speaking world to the new Finnish interpretation of the theology of Martin Luther, initiated by the writings of Tuomo Mannermaa of Helsinki University. At the heart of the Finnish breakthrough in Luther research lies the theme of salvation. Luther found his answer to the mystery of salvation in the justifying work of Christ received through faith alone. But Protestant theology has never enjoyed a consensus on how to interpret the Reformation doctrine of justification by faith. In opposition to the traditional forensic understanding of justification, Mannermaa argues that for Luther "Christ is really present in faith itself." Mannermaa's interpretation of Luther's view of justification is thus more ontological and mystical than ethical and juridical. As such, his work challenges a century of scholarly opinion concerning a foundational doctrine of Protestant theology.

Oyster Wars and the Public Trust: Property, Law, and Ecology in New Jersey History

Abstract: Who owns tidal waters? Are oyster beds common holdings or private property? Questions first raised in colonial New Jersey helped shape American law by giving rise to the public trust doctrine. Today that concept plays a critical role in public advocacy and environmental law. Bonnie McCay now puts that doctrine in perspective by tracing the history of attempts to defend common resources against privatization. She tells of conflicts in New Jersey communities over the last two centuries: how fishermen dependent on common-use rights employed poaching, piracy, and test cases to protect their stake in tidal resources, and how oyster planters whose businesses depended on the enclosure of marine commons engineered test cases of their own to seek protection for their claims. McCay presents some of the most significant cases relating to fishing and waterfront development, describing how the oyster wars were fought on the waters and in the courtrooms and how the public trust doctrine was sometimes reinterpreted to support private interests. She explores the events and people behind the proceedings and addresses the legal, social, and ecological issues these cases represent. Oyster Wars and the Public Trust is an important study of contested property rights from an anthropological perspective that also addresses significant issues in political ecology, institutional economics, environmental history, and the evolution of law. It contributes to our understanding of how competing claims to resources have evolved in the United States and shows that making nature a commodity remains a moral problem even in a market-driven economy.

The Private Police

Abstract: Legal scholars have largely neglected private policing, and the neglect is increasingly indefensible. The private security industry already employs more guards, patrol personnel and detectives than the federal, state and local governments combined, and the disparity is growing; to a striking extent, private firms now perform many of the beat-patrol tasks once thought central to the mission of the public police. This article describes what is known and unknown about the private security industry, traces the industry's history, assesses the challenges and opportunities it creates for judges and scholars, and provides an agenda for future research and doctrinal development. Private security firms furnish tangible evidence about what some people want but are not receiving from public law enforcement, and the legal regime governing private security -- deconstitutionalized, defederalized, tort-based, and heavily reliant both on legislatures and on juries -- offers important opportunities to test some of the most persistent proposals for reforming criminal procedure law. In addition, because maintaining order and controlling crime seem paradigmatic governmental functions, private policing presents a unique and underused vantage point for reexamining the public-private distinction and the state action doctrine. Finally, and perhaps most importantly, police privatization provides occasion for reconsidering the focus of constitutional law on negative obligations of government, and the focus of constitutional criminal procedure on fairness to individual criminal defendants; the dramatic spread of policing-for-hire should prompt us to rethink what it means to guarantee all citizens, regardless of wealth, the equal protection of the laws.

Military intervention and humanitarian action : Trends and issues

Abstract: An important trend in military doctrine for so-called 'peace support operations' has been to place them on a spectrum that includes coercion and enforcement. This paper focuses on British writers of doctrine as those responsible for driving the debate forward and forging a consensus among leading military powers. Their discourse is combat oriented, a fact reinforced by a trend towards strategic subcontracting to coalitions of the militarily willing and able. At the same time, there has been a move to institutionalise the involvement of military forces in relief, peace building and development activities. The overall emphasis is on stability and security to facilitate the delivery of humanitarian relief and to establish the conditions for peace-building processes. In the case of Bosnia, this involves conditionality and economic leverage. Although there is a long-established record of peace-keeping forces engaging in goodwill activities (with mixed results), the current trends contain contradictions that seem likely to contribute to the widely perceived erosion of classical humanitarian principles. Language: en

Efficiency in Western Water Law: The Development of the California Doctrine, 1850–1911

Abstract: The development of water law in California has been heavily studied by legal historians. Much interest and controversy has surrounded the fact that early on, California adopted a system of water law that recognizes both riparian and appropriative rights and that persists to this day. How well this hybrid system has promoted economic efficiency in the use of water in California has been poorly understood. This article examines the early development of California water law to understand how such a hybrid system emerged and how well it promoted economic growth. The key argument is that nineteenth‐century California jurists, though constrained by legislative mandates to observe English common law, worked within the confines of that doctrine to mitigate some of its potential inefficiencies. This article provides empirical evidence that those jurists selectively promoted appropriative claims in situations of high transactions costs in order to encourage reallocation of water from existing riparian uses.

Bioethics of the refusal of blood by Jehovah's Witnesses: Part 1. Should bioethical deliberation consider dissidents' views?

Abstract: Jehovah's Witnesses' (JWs) refusal of blood transfusions has recently gained support in the medical community because of the growing popularity of "no-blood" treatment. Many physicians, particularly so-called "sympathetic doctors", are establishing a close relationship with this religious organization. On the other hand, it is little known that this blood doctrine is being strongly criticized by reform-minded current and former JWs who have expressed conscientious dissent from the organization. Their arguments reveal religious practices that conflict with many physicians' moral standards. They also suggest that a certain segment of "regular" or orthodox JWs may have different attitudes towards the blood doctrine. The author considers these viewpoints and argues that there are ethical flaws in the blood doctrine, and that the medical community should reconsider its supportive position. The usual physician assumption that JWs are acting autonomously and uniformly in refusing blood is seriously questioned.

Once Burned, Twice Cautious: Explaining the Weinberger-Powell Doctrine:

Abstract: The Pentagon's reluctance to use force in recent conflicts in Somalia, Haiti, Bosnia, and Rwanda stems ultimately from the organizational trauma the U.S. military suffered in Vietnam. The near tota...

After the tests: India's options

Abstract: India's 1998 nuclear tests were only a first step in dealing with threats to its security. The country should aim for a small, affordable but survivable nuclear force, with a doctrine that eschews both a war-fighting approach and the course of recessed or non-weaponised deterrence advocated by the US. In contrast to deterrence relationships elsewhere, Indian doctrine has to deal with two linked nuclear adversaries, Pakistan and China. Its priority must be to close its vulnerability against China; a nuclear-deterrent capability against Pakistan alone will not adequately address New Delhi's security interests.

Controlling Policy by Controlling Process: Judicial Influence on Regulatory Decision Making

Abstract: In this article, the ability of a federal appellate court to control agency policy by imposing process requirements upon the agency is analyzed under two administrative law regimes: the deference doctrine, where appellate courts are strictly limited in their ability to interfere with agency decision making, and the nondeference doctrine, where courts have greater reign in scrutinizing agency decision making. The emphasis on the judiciary's ability to affect regulatory process complements earlier scholarship in positive political theory that focused mainly on Congress' ability to use administrative process to control agency behavior. A model of judicial control is developed to allow for comparative statics considering different legal doctrines, shifting agency and judicial preferences, and changing agency resources. An examination of the Federal Energy Regulatory Commission and the D.C. Circuit Court of Appeals' battle over the deregulation of oil pipelines is undertaken to illustrate the insights of the model. Further evidence bearing on

Hans Kelsen on International Law

Abstract: Kelsen's monistic theory of law, according to which international and municipal law have the same subject-matter, paved the way for the dominant contemporary doctrine: international law can encompass every aspect of human life which warrants international legal protection of human rights. Kelsen's doctrine of the identification of law and state held the legal order of the modern state to be the pattern of every legal system. Since, moreover, he considered physical coercion to be the very requisite of a legal normative order, Kelsen was bound to look for such a coercive element in the international order and found it in war. The experience of World War Two led Kelsen to develop the doctrine of the 'just war' (bellum lustum) as the appropriate sanction for violations of international norms, a theory which is hard to reconcile with his condemnation of every form of natural law. Kelsen s narrow definition of law prevented him from assessing the true nature of normative systems which do not fall within the state-based definition. Such systems may rely on non-physical forms of coercion, forms which are also available, as this article argues, to the International order.