Showing papers on "Doctrine published in 2016"

Big Data’s Disparate Impact

Abstract: Advocates of algorithmic techniques like data mining argue that these techniques eliminate human biases from the decision-making process. But an algorithm is only as good as the data it works with. Data is frequently imperfect in ways that allow these algorithms to inherit the prejudices of prior decision makers. In other cases, data may simply reflect the widespread biases that persist in society at large. In still others, data mining can discover surprisingly useful regularities that are really just preexisting patterns of exclusion and inequality. Unthinking reliance on data mining can deny historically disadvantaged and vulnerable groups full participation in society. Worse still, because the resulting discrimination is almost always an unintentional emergent property of the algorithm’s use rather than a conscious choice by its programmers, it can be unusually hard to identify the source of the problem or to explain it to a court.This Essay examines these concerns through the lens of American antidiscrimination law — more particularly, through Title VII’s prohibition of discrimination in employment. In the absence of a demonstrable intent to discriminate, the best doctrinal hope for data mining’s victims would seem to lie in disparate impact doctrine. Case law and the Equal Employment Opportunity Commission’s Uniform Guidelines, though, hold that a practice can be justified as a business necessity when its outcomes are predictive of future employment outcomes, and data mining is specifically designed to find such statistical correlations. Unless there is a reasonably practical way to demonstrate that these discoveries are spurious, Title VII would appear to bless its use, even though the correlations it discovers will often reflect historic patterns of prejudice, others’ discrimination against members of protected groups, or flaws in the underlying dataAddressing the sources of this unintentional discrimination and remedying the corresponding deficiencies in the law will be difficult technically, difficult legally, and difficult politically. There are a number of practical limits to what can be accomplished computationally. For example, when discrimination occurs because the data being mined is itself a result of past intentional discrimination, there is frequently no obvious method to adjust historical data to rid it of this taint. Corrective measures that alter the results of the data mining after it is complete would tread on legally and politically disputed terrain. These challenges for reform throw into stark relief the tension between the two major theories underlying antidiscrimination law: anticlassification and antisubordination. Finding a solution to big data’s disparate impact will require more than best efforts to stamp out prejudice and bias; it will require a wholesale reexamination of the meanings of “discrimination” and “fairness.”

China Naval Modernization: Implications for U.S. Navy Capabilities-Background and Issues for Congress [May 31, 2016]

Abstract: Military/Defense policy and doctrine; Weapons and weapon systems; Politics and government/International relations; Law and justice/Legislation

Having Too Much

Abstract: This paper defends the limitarian doctrine, which entails the view that it is morally objectionable to be rich. I examine how limitarianism can be spelled out and whether it can be convincingly defended. As is the case with egalitarianism and other distributive views, one can distinguish between intrinsic limitarianism and non-intrinsic limitarianism; and a variety of justifications can be explored. I defend non-intrinsic limitarianism based on two different arguments: the democratic argument and the argument from unmet urgent needs. An account of what ‘riches’ entails is also developed, since any plausible account of limitarianism requires a sufficiently clear account of the threshold. I also discuss whether limitarianism should be defended as a moral or rather as a political doctrine. Finally, I analyze and reject two important objections, claiming that limitarianism violates equality of opportunities and that limitarianism does not take incentive considerations into account. The paper concludes with an outline of a future research agenda on limitarianism.

Externalizing the burden of war: the Obama Doctrine and US foreign policy in the Middle East

Abstract: In the aftermath of the Arab Spring the Middle East has plunged into a state of instability. The United States has responded to these rising insecurities in a region of strategic importance with hesitation or half-hearted commitments. The Obama administration, plagued by the increasingly difficult decision of defining America's role in an apolar world while managing the political and economic legacy of the Bush administration, has relied on a policy of delegation. Obama neither refrained from military options nor showed any willingness to commit American ground troops to one of the strategically and operationally most complex environments of the world. Instead, Obama's preferred way of war is one relying on surrogates—both human and technological—that allow the United States to externalize, partially or wholly, the strategic, operational and tactical burden of warfare. Unlike any other previous US administration surrogate warfare has become the principal means of protecting US interests in the Middle East that are perceived to be all but vital. The need for deniability and legitimacy, cost–benefit considerations as well as the lack of capability have made warfare by surrogate a preferred option in the Middle East. The consequences for US policy in the region are profound, as the lack of control and oversight have empowered surrogates whose long-term interests are not compatible with those of the United States. More severely, the US might have jeopardized its standing as the traditional guarantor of security in the Middle East— something that partners and adversaries alike have exploited.

How Marriage Became One of the Sacraments: The Sacramental Theology of Marriage from its Medieval Origins to the Council of Trent

Abstract: Among the contributions of the medieval church to western culture was the idea that marriage was one of the seven sacraments, which defined the role of married folk in the church. Although it had ancient roots, this new way of regarding marriage raised many problems, to which scholastic theologians applied all their ingenuity. By the late Middle Ages, the doctrine was fully established in Christian thought and practice but not yet as dogma. In the sixteenth century, with the entire Catholic teaching on marriage and celibacy and its associated law and jurisdiction under attack by the Protestant reformers, the Council of Trent defined the doctrine as a dogma of faith for the first time but made major changes to it. Rather than focusing on a particular aspect of intellectual and institutional developments, this book examines them in depth and in detail from their ancient precedents to the Council of Trent.

Positive Youth Development Through Sport : Myths, beliefs, and realities

Abstract: This chapter examines positive youth development (PYD) in the social, cultural, and historical context in which it has emerged and been linked with sports. It also focuses on the particular approach to development commonly associated with PYD, why sport is seen as an appropriate context for PYD, the challenges of integrating PYD into existing youth sport programs, and the prospects for using sports as sites for fostering PYD. The belief that sport participation leads to PYD received a major boost in the 1980s as neoliberal ideology increasingly informed national economic doctrine and political policy in many societies. During the late 1960s and early 1970s development was linked with community organization and coordinating local political and economic resources to achieve civil rights, social justice, and the common good. Most PYD projects, influenced by neoliberal cultural orientations, tend to be excessively child-centered and do little to hold "children to anything resembling objective standards".

“The hour is coming and is now here”: the doctrine of inaugurated eschatology in contemporary evangelical worship music

Abstract: THE HOUR IS COMING AND IS NOW HERE”: THE DOCTRINE OF INAUGURATED ESCHATOLOGY IN CONTEMPORARY EVANGELICAL WORSHIP MUSIC Matthew David Westerholm, Ph.D. The Southern Baptist Theological Seminary, 2016 Chair: Dr. Esther R. Crookshank This dissertation critically evaluates the portrayal of the doctrine of inaugurated eschatology in an identified core repertory, the most-used contemporary congregational worship songs in churches in the United States from 2000 through 2015. Chapter 2 explores views on the role of congregational singing as it relates to the presence of God and the spiritual formation of the believer. It compares Edith Humphries’ concept of the worship service as “entrance” with Ryan Lister’s view that God’s presence is both a goal and a means of accomplishing his purposes. Then, using the work of James K. A. Smith and Monique Ingalls, chapter 2 explores the role congregational song plays in forming the identity of churches and believers. The chapter concludes by suggesting that the aesthetic paradigm of Nicholas Wolterstorff has useful implications for the manner in which congregational singing serves as the occasion for entering the divine presence. Chapter 3 maps a typology of themes related to the doctrinal umbrella of “inaugurated eschatology,” as codified by George Ladd and now a widely-used term in evangelical scholarship, so as to provide nuanced categories by which one can evaluate the content and scope of eschatological thought in American evangelical life. After a brief survey of the doctrine’s historical development, tracing the contributions of George Ladd, Anthony Hoekema, and “progressive dispensationalism,” the dissertation traces the biblical data to highlight ways in which Scripture speaks of the kingdom of God’s current presence (the “already”) and future arrival (the “not yet”). The chapter then considers believers’ experience of the “already” and the “not yet” in language of affection, spatiality, and chronology. Chapter 4 traces these eschatological themes in American evangelical hymnody from ca. 1700 through 1985, addressing a few representative hymns from each hymnic era by way of illustration. Drawing upon the work of Stephen Marini, Eric Routley, Richard Crawford, and others, the chapter surveys select examples of American evangelical hymnody from four time periods in US history (beginning in 1737) and finds that many of these historic hymns contain substantive reflections upon robust eschatological themes. Chapter 5 surveys the core repertory of CWM across the span of years from 2000 to 2015 for a portrayal of the themes of inaugurated eschatology. Using Richard Crawford’s concept of “core repertory,” it synthesizes CCLI reports of song usage over a defined recent period (2000 to 2015) to identify a core group of songs for analysis, and derives a body of 83 songs. Using the lens of inaugurated eschatology developed in chapter 3, it concludes that elements of “not yet” are underrepresented in contemporary evangelical congregational song. Chapter 6 proposes practical ways that church leaders of worship can better represent these themes as they plan services for the health and sustainable growth of their churches. Chapter 7 summarizes each of the chapters, draws implications, and suggests areas for further research.

The Purpose of Election in Romans 9:11: Rethinking the Doctrine of Predestination Through the Theology of the Cross

Abstract: The renewed interest in the reading of Romans 9-11 over recent decades is indicative of the attempt to settle the controversy concerning the doctrine of double predestination. In reference to Luther’s directive that the theology of the cross be the lens through which all other doctrines be examined, and based on the “New Perspective” on Paul’s writings and his Jewish background, this dissertation reassesses the Reformed doctrine of predestination through Paul’s convictions concerning the cross and his theological reading of the Old Testament. Accordingly, this study establishes that the primary principle which Paul underscores within the context of Romans 9 is that the cross is the supreme expression of God’s purpose of election. The cross of Christ not only is a statement about God’s determination in election, but it also has an existential purpose in its ways and works. Furthermore, the readers of Romans 9 will recognize that when Paul discusses election, he engages a specifically Trinitarian articulation of God, who works out His election of grace in a definite yet surprising manner. Such a reassessed scriptural perspective on the purpose of election is clearly stated in Paul’s understanding of God’s unfolding promises of redemption for both Jews and Gentiles through the suffering Christ. Since the correlation between election and

Getting Gerasimov Right

Abstract: On 26 February 2013, chief of the Russian General Staff Gen. Valery Gerasimov published "The Value of Science Is in the Foresight: New Challenges Demand Rethinking the Forms and Methods of Carrying out Combat Operations" in Voyenno-Promyshlennyy Kurier (VPK) (Military-Industrial Courier). In this article, Gerasimov lays out his perspective-and the prevalent view in Russian security circles-of the recent past, present, and expected future of warfare. This article was published about a year before the Maidan protests that set in motion the events leading to the eventual annexation of Crimea and Russian-sponsored insurrection in eastern Ukraine.1 The chain of events that followed the Maidan protests could in no way be foreseen by Gerasimov, but his article is often cited in the West as "Gerasimov's Doctrine" for the way Russian forces conducted its operations.In this vein of Western thinking, Gerasimov's article is often interpreted as proposing a new Russian way of warfare that blends conventional and unconventional warfare with aspects of national power, often referred to as "hybrid warfare." This article will attempt to put Gerasimov's article, which was written for a Russian audience, in context for U.S. readers to explain some allusions that are sometimes missed or misunderstood.The Russian Chief of General StaffFor background, the U.S. Joint Chiefs of Staff is often equated with the Russian General Staff, but this is a great understatement of the Russian General Staff's importance. The Russian chief of the General Staff has far more authority than any flag grade officer in the U.S. military. He is responsible for long-term planning duties equivalent to both the U.S. Office of the Secretary of Defense and the unified combatant commanders. In addition, he has oversight of strategic transportation equivalent to that of U.S. Transportation Command, force doctrinal and capabilities development, and equipment procurement for all branches of the Ministry of Defense. He even has an inspector-general-like function for ensuring that General Staff standards and regulations are adhered to.Also, although the chief of the General Staff does not have operational control of the force, he does have day-to-day control (in peacetime) of the Glavnoye Razvedyvatel'noye Upravleniye (Main Intelligence Directorate, commonly known as GRU), which is a directorate of the General Staff, and several strategic assets including the Russian airborne, which functions as a strategic reserve.In the hierarchy of the Russian government, there are uniformed officers serving in positions technically above the chief of the General Staff, but arguably none of these assignments are as prestigious.Elaboration on Strategic ForesightIn general, it is a duty of the Russian general staff to use foresight to develop the theory and practice of future war. This is the context in which Gerasimov's article is written. The use of the term "foresight" in the article's title is not coincidental, and the term has a specific military definition in the Russian lexicon:Foresight (military) is the process of cognition regarding possible changes in military affairs, the determination of the perspectives of its future development. The basis of the science of foresight is knowledge of the objective laws of war, the dialectical-materialist analysis of events transpiring in a given concrete-historical context.2In Russian military thought, foresight is directly linked to military science, with military science being the science of future war.3The General Staff takes a rather academic approach to the endeavor of military science, including the use of a peer-review-like process that functions by opening debates on ideas through the publication of articles in various outlets, including professional journals. There are several often-used outlets for the military's academic discussion and debate, most notably the journal Voyennaya Mysl (VM) (Military Thought), which is published by the General Staff. …

The Role of the Popes in the Invention of Complementarity and the Vatican's Anathematization of Gender

Abstract: This article examines the origins and uses by the Vatican of the theological anthropology of complementarity, arguing that the doctrine of complementarity, under which the sexes are essentially different though not unequal, is an invention of the twentieth century untraceable in earlier centuries, but developed by, among others, the Popes from Pius XII through Benedict XVI, in part as a response to feminist claims, including those recently anathematized by the Vatican under the term ‘gender.’ After exploring some difficulties with the application of the doctrine of complementarity as Catholic orthodoxy, the article concludes by compiling preliminary evidence as to the extent Pope Francis will continue his predecessors’ approach to complementarity.

The Role of the Popes in the Invention of Complementarity and the Vatican's Anathematization of Gender (Forthcoming Religion and Gender Habemus Gender Special Issue 2016)

Abstract: This article examines the origins and uses by the Vatican of the theological anthropology of complementarity, arguing that the doctrine of complementarity, under which the sexes are essentially different though not unequal, is an invention of the twentieth century untraceable in earlier centuries, but developed by, among others, the Popes from Pius XII through Benedict XVI, in part as a response to feminist claims, including those recently anathematized by the Vatican under the term "gender." After exploring some difficulties with the application of the doctrine of complementarity as Catholic orthodoxy, the article concludes by compiling preliminary evidence as to the extent Pope Francis will continue his predecessors' approach to complementarity.

Essential facilities: an epithet in need of limiting principles

Abstract: There is much talk these days, particularly in the context of deregulated industries, about the so-called essential facilities doctrine1 "socalled" because most Supreme Court cases invoked in support do not speak of it and can be explained without reference to it. Indeed, the cases support the doctrine only by implication and in highly qualified ways. You will not find any case that provides a consistent rationale for the doctrine or that explores the social costs and benefits or the administrative costs of requiring the creator of an asset to share it with a rival. It is less a doctrine than an epithet, indicating some exception to the right to keep one's creations to oneself, but not telling us what those exceptions are.

Should the United States Reject MAD? Damage Limitation and U.S. Nuclear Strategy toward China

Abstract: As China invests in its nuclear forces and U.S.-China relations become increasingly strained, questions of U.S. nuclear doctrine require greater attention. The key strategic nuclear question facing...

Dodd–Frank and risk in the financial services industry

Abstract: We present evidence that discretionary risk taking by financial institutions has declined following the passage of Dodd–Frank. The largest institutions experience the greatest reduction in risk consistent with the legislation’s objective of reducing systemic risk and an ultimate goal of ending the too-big-to-fail doctrine. Analysis of a sample of banks, the most highly regulated financial institutions, reveals that banks exhibiting characteristics consistent with riskier business strategies prior to Dodd–Frank experience the greatest risk reduction. Further, banks that alter their business practices by increasing their capital ratios and reducing their level of non-performing loans following the law’s passage are shown to experience the greatest reduction in risk. Our results point to the efficacy of Dodd–Frank in reducing risk in the financial system.

The Doctrine of Odious Debt in International Law: A Restatement

Abstract: According to the doctrine of odious debt, loans which are knowingly provided to subjugate or defraud the population of a debtor state are not legally binding against that state under international law. Breaking with widespread scepticism, this groundbreaking book reaffirms the original doctrine through a meticulous and definitive examination of state practice and legal history. It restates the doctrine by introducing a new classification of odious debts and defines 'odiousness' by reference to the current, much more determinate and litigated framework of existing public international law. Acknowledging that much of sovereign debt is now governed by the private law of New York and England, Jeff King explores how 'odious debts' in international law should also be regarded as contrary to public policy in private law. This book is essential reading for practising lawyers, scholars, and development and human rights workers.

The question of ordering : creativity and limitation in political communities

Abstract: This thesis is an enquiry into political ordering under its four core attributes: the state, sovereignty, law, and politics. It advocates analysing ordering as a process, rather than ‘order’ as a static given, and introduces an interactive model of ordering, which takes into account both the creative and the limiting thrusts in political communities. This thesis is informed by the theories of Benedict Spinoza and Carl Schmitt. The first chapter is dedicated to assessing the current debate around the four core concepts: the state, sovereignty, law, and politics. Although it is not aimed at providing a full and definitive account of the scholarly debate, some major trends in current political and legal thinking are overviewed. This exposition subsequently serves as both the context and the impetus for the dynamic model of ordering, constructed in the final chapter. The following two chapters are dedicated to the theories of Spinoza and Schmitt. In Spinoza’s case, some metaphysical preconditions have to be explored beforehand: immanent causality, striving to persevere in existence, and the right as power doctrine. The thesis then moves to the role of the state, sovereignty, law, and politics as tools for ensuring communal cohesion despite a general lack of reason and for joint progression towards reason. As for Schmitt, the thesis first delves into his emphasis on the fallen nature of humans, based on his religious convictions. The state, sovereignty, law, and politics are then analysed as parts of an effort to establish order where actually there can be none (since human existence is groundless), necessitating order-qua-theology. Thus, Spinoza and Schmitt both oppose and complement each other. Lastly, the final chapter proposes an interactive model of ordering as perpetual process by revisiting the four core elements from a Spinozist-Schmittian perspective. This model postulates ordering as animated by constant tension between and reciprocal reproduction of the constitutive and the constituted thrusts, both of them being creative and limiting in different respects. In this model, groundlessness is seen as the basic condition which is, nevertheless, constantly counterbalanced by a need for quasi-religious belief in a quasi-objective given, e.g. Spinoza’s reason. Communal life is, therefore, constantly caught in-between these two poles. Consequently, ordering-as-process is claimed to be the only way in which anything common can be posited.

Machine Learning, Automated Suspicion Algorithms, and the Fourth Amendment

Abstract: At the conceptual intersection of machine learning and government data collection lie Automated Suspicion Algorithms, or ASAs, algorithms created through the application of machine learning methods to collections of government data with the purpose of identifying individuals likely to be engaged in criminal activity. The novel promise of ASAs is that they can identify data-supported correlations between innocent conduct and criminal activity and help police prevent crime. ASAs present a novel doctrinal challenge, as well, as they intrude on a step of the Fourth Amendment’s individualized suspicion analysis previously the sole province of human actors: the determination of when reasonable suspicion or probable cause can be inferred from established facts. This Article analyzes ASAs under existing Fourth Amendment doctrine for the benefit of courts who will soon be asked to deal with ASAs. In the process, the Article reveals how that doctrine is inadequate to the task of handling these new technologies and proposes extra-judicial means of ensuring that ASAs are accurate and effective. DRAFT – DO NOT CITE WITHOUT PERMISSION

Rules and the Doctrine of Performance Management

Abstract: The doctrine of performance management has been promoted as an alternative to rule-based governance. Analyzing performance management as a system of rules, this article examines how performance management is adopted through rules. The question is examined based on a systematic counting and content coding of national rules within the domain of primary education in Denmark from 1989 to 2010. Contrary to the prescriptions of the performance management doctrine, the analysis shows a clear increase in the number of rules. This reflects the creation of many new rules about performance measurement without a proportionate repeal of production rules constraining the autonomy of public service providers and their managers. The result is congruent with the expectations derived from the literature on rule dynamics, which emphasizes rules as the carriers of learning and interests. The article thereby demonstrates the utility of analyzing performance management as a system of rules.

Kant: Lectures and Drafts on Political Philosophy

Abstract: This book is the first translation into English of the Reflections which Kant wrote whilst formulating his ideas in political philosophy: the preparatory drafts for Theory and Practice, Toward Perpetual Peace, the Doctrine of Right, and Conflict of the Faculties; and the only surviving student transcription of his course on Natural Right. Through these texts one can trace the development of his political thought, from his first exposure to Rousseau in the mid 1760s through to his last musings in the late 1790s after his final system of Right was published. The material covers such topics as the central role of freedom, the social contract, the nature of sovereignty, the means for achieving international peace, property rights in relation to the very possibility of human agency, the general prohibition of rebellion, and Kant's philosophical defense of the French Revolution.

Indonesian land law; Integration at last? And for whom?

Abstract: As in most developing countries, land tenure relations in Indonesia are contentious. The many transitions involving land use—from agriculture to industry, from rural villages to urban neighbourhoods, from subsistence farming to plantations—exert heavy pressure on social relations. The contributions to this volume provide vivid accounts of this; whether they concern infrastructure development, housing, oil palm regimes, agricultural change or mining, they demonstrate that changes to land use are often accompanied by conflict, violence, forced migration and other types of misery. While in the past many areas still knew a frontier that could act as a safety valve, today in many regions the limits of usable land have been reached and this route of escape has been closed off (Li 2010). In all land disputes, law is in some way a focus of contention. This may be about legal interpretation within the parameters set by the law, or about achieving legal change in order to create more favourable conditions for particular groups of citizens. Legal interpretation is central to negotiations between parties to a conflict, in court judgments or in forums of complaint such as the National Commission for Human Rights or the Ombudsman. Achieving legal change concerns legislative processes at different levels, but also the promotion of novel judicial interpretation. For many years the Indonesian judiciary hardly played a role in legal evolution, as it lacked the institutional devices to turn legal interpretation in single cases into a judicial doctrine (Pompe 2005; Bedner 2013). However, the establishment of Indonesia's Constitutional Court in 2003 in combination with the accessibility and acceptance of legal sources of international and transnational origin has changed this. How Indonesia's legal system is coping with the current pressures and how it influences land disputes are important matters. The key question for lawyers is whether the system provides a coherent framework for authoritative resolution of land disputes. According to most of the literature, the answer to this question is ‘no’. Little of what has been written about Indonesian land law is positive or hopeful—in that respect not much has changed from colonial times to the present (see Chapter 10 by van der Eng). Land law has been called complex, inconsistent, fragmented, unfair and out of touch with reality (Lindsey 1998; Fitzpatrick 2006; Daryono 2010; Srinivas et al. 2015), and international donors have called for ‘a comprehensive overhaul’ (USAID n.d.: 1).

India and the Responsibility to Protect

Abstract: India, though a working democracy, has adopted an ambivalent stance toward the genesis and evolution of the doctrine of the Responsibility to Protect. This article traces India’s views toward the earlier principle of humanitarian intervention, outlines its reactions toward the advent of the norm, and discusses India’s positions on the attempts to apply it to recent international crises. It then argues that India’s cautious support for the principle stems in part from concerns about its potential abuse in the hands of the great powers, post-colonial concerns about the diminution of the norm of state sovereignty, and finally, its own domestic vulnerabilities in the protection of human rights.

‘Determination is negation’: The Adventures of a Doctrine from Spinoza to Hegel to the British Idealists

Abstract: This article is a discussion of Hegel’s conception of the principle ‘omnis determinatio est negatio’, which he attributes to Spinoza. It is argued, however, that Spinoza understood this principle in a very different way from Hegel, which then sets up an interpretative puzzle: if this is so, why did he credit Spinoza with formulating it? This puzzle is resolved by paying attention to the context in which those attributions are made, while it is also shown that the British Idealists (unlike many contemporary commentators) were aware of the complexities in the Spinoza–Hegel relation on this issue. The paper also addresses some of the philosophical debates raised by this question, and the light it sheds on Hegel’s critique of Spinoza as a monist.

The Internet of Things and the Fourth Amendment of Effects

Abstract: By 2020 there will be billions of “things” connected through the “Internet of Things.” These smart devices built within our homes, cars, smartphones, clothing, and accessories present new possibilities for technological surveillance for law enforcement. This network of smart devices also poses a new challenge for a Fourth Amendment built around “effects.” The constitutional language protecting “persons, houses, papers, and effects” from unreasonable searches and seizures must confront this change. This article addresses how a Fourth Amendment built on old-fashioned “effects” can address a new world when things are no longer just inactive, static objects, but objects that create and communicate data with other things. The article seeks to answer two questions. First, what is the definition of an “effect” for Fourth Amendment purposes in a world defined by an interconnected, network-like Internet of Things? Second, assuming that a Fourth Amendment “effect” has a broader definition that potentially includes the digital information embedded in the object and the wireless communication signals emanating from the device, then what expectation of security should attach to these effects? As to the first question, this article argues that the Fourth Amendment’s definition of effects can encompass the smart objects and related data that populate the Internet of Things. As a doctrinal matter, the Fourth Amendment has evolved beyond narrow constitutional definitions. “Persons” now include more than physical bodies, including clothing, bodily fluids, and even corporations. “Papers” now include digital recordings, writings, business documents, and other communication. “Houses” now include curtilage, barns, apartments, and commercial spaces. So too with “effects” – a broader understanding can be created consistent with Fourth Amendment principles. This definition would include a defined portion of the effect’s functionality including its necessary communication with other devices and stored data. An “effect” is no longer just the physical object but also the smart data and communicating signals emanating from the device.As to the second question, once effects are defined as including not just the physical object, but also the data and functionality of the object, the threshold question of whether there was a Fourth Amendment search becomes quite complicated. Is the virtual recovery of stored data in a device a search? Is the interception of wireless data from interconnected sensors a search? Drawing a line to demarcate a threshold of protection in a non-physical world presents real challenges to technology and Fourth Amendment doctrine. The project motivating this article is redefining an effect to answer these difficult questions.How the Fourth Amendment adapts to these new sensor surveillance systems will be a central issue in the coming years. This article seeks to establish a framework for analyzing the Internet of Things within the current Fourth Amendment doctrine, as well as to show the existing gaps in coverage. The article then seeks to provide an alternative theoretical framework to fill these doctrinal gaps.

Extreme cosmopolitanisms defended

Abstract: Some theorists hold that there is no serious, significant issue concerning cosmopolitanism. They hold that cosmopolitanism is either the anodyne doctrine that we have some duties to distant strangers merely on the ground of shared humanity or the absurd doctrine that we have no special moral duties based on special-ties such as those of friendship, family, and national community. This essay argues against this deflationary position by defending (1) a very extreme cosmopolitan doctrine that denies special-tie moral duties altogether and (2) a slightly milder but still extreme form of cosmopolitanism that allows that there might be special-tie moral duties to intimate associates such as friends and family members but denies that broader social group associations such as those of subjection to a national state or national or ethnic community memberships ever constitute special ties that ground special moral duties. The defense proceeds by rebutting bad arguments leveled against extreme cosmopolitanisms.

Retrieving Zwingli’s Doctrine of Original Sin

Abstract: Huldrych Zwingli’s understanding of original sin is usually sidelined in contemporary Reformed theology. In this paper I argue that Zwingli’s views are worthy of theological retrieval for contemporary dogmatics. His position offers a moderate version of the doctrine that has ecumenical promise. It also avoids well-known objections to some later Reformed views such as that it unjustly imputes guilt to the innocent, and the sin of one (Adam) to the many (humanity). Although there are some difficulties in Zwingli’s account, I argue that his doctrine provides a useful framework for a contemporary moderate Reformed account of original sin.

‘Common But Differentiated Responsibilities’ in the National Courts: Lessons from Urgenda v. The Netherlands

Abstract: The landmark 2015 decision by the Hague District Court in Urgenda v. The Netherlands represents the first time a national court has expressly used the international environmental law (IEL) principle of common but differentiated responsibilities and capabilities (CBDRs) of the climate regime as a complementary tool to interpret the scope of a state’s climate obligations under domestic law. This article highlights that despite the marked engagement of national courts with IEL in recent decades (including engaging with principles such as sustainable development, polluter pays, intergenerational equity, and precaution), until this decision CBDRs had remained outside the purview of environmental law jurisprudence at the national level. The article examines how the Hague Court used CBDRs to help address two common barriers to climate liability: causation and the ‘political question’ doctrine. The article argues that the Court was able to find normative content in a core element of the climate-related CBDRs: the ‘leadership’ role of developed countries in climate action. This core element has remained remarkably consensual throughout the contested history of CBDRs in the climate regime – a history that has gained a new chapter with the signature of the Paris Agreement in December 2015. The article concludes that Urgenda v. The Netherlands may serve as a starting point for a more productive and extensive use of CBDRs in climate litigation, provided litigants make more explicit use of the persuasive authority of the principle.