1,720,974 research outputs found
Property Issues in the Indigenous Historical Contexts of Republican Latin America
This chapter illustrates the ideological and normative approach that altered the structure of the land tenure systems of the Latin American indigenous groups during the 19th century. The analysis will focus on the principal legal milestones enacted in four countries: Argentina, Bolivia, Chile and Peru. The chapter examines the legal transplant of possessive individualism in those zones in order to provide a critical review of the impact that the rule of law associated with the republican State model exerted in the arrangement of the indigenous agrarian system
Going Beyond Counting First Authors in Author Co-citation Analysis
The present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
The law and politics of indirect expropriation: the legacy of American legal realism for contemporary international investment law
The subject of indirect expropriation represents one of the most important political questions in contemporary international investment law. Where exactly you stand on it can tell an informed observer a lot more about what you actually think about social democracy and free market fundamentalism – and the role that international law is meant to play in promoting them – than any other question in contemporary investment law doctrine, just like where you stand on the principle of fair and equitable treatment will tell them a lot more about your attitude towards neo-colonialism and third-world sovereignty than you probably suspect. On its surface, the basic idea seems rather simple. Whenever the host state's government impairs or restricts the ability of a foreign investor to enjoy its property howsoever it pleases, even where such actions do not amount to an outright seizure of assets, an act of expropriation is said to take place. Since all modern investment treaties prohibit expropriation, the inevitable next step, in legal terms, is to decide on the resulting extent of state responsibility on the part of the host state, which in the contemporary investment law almost invariably means the payment of compensation
Appropriate Similarity Measures for Author Cocitation Analysis
We provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
From the Dutch East India Company to the Corporate Bill of Rights: corporations and international law
This chapter explores the complex yet underexamined relationship between multinational corporations and international law. This lack of clarity hinders effective responses to the harmful impacts of corporate activity. The chapter traces the historical evolution of corporations—from medieval joint stock companies to modern multinationals—showing their centrality to the expansion of global capitalism. Corporations established trade networks, waged wars, and governed colonies, facilitating both primitive accumulation and the creation of the modern state system. Law, capitalism, and the corporation have historically operated through a shared logic of “commercial sociability,” though this connection is now obscured. This invisibility is reinforced by a 20th-century ideological divide in international law that separates the public/political from the private/economic. With today's collapse of the public into the private, a return to the perspective where the ‘political’ and the ‘economic’ are one will change scope and range of potentially effective responses to today's multinationals
Taming the Cheshire Cat: on the governance of (transnational) corporations
The past two decades have seen new scholarly interest in the power of corporations. Most of this research departs from the assumption that the political power of the corporation is derived from its economic power. We argue that this approach provides limited insight into the governance problem. A more promising approach treats the governance problem in relation to the history and social ontology of the modern corporate form. In particular, the concurrent emergence of conflicting social ontologies of the corporation in law has enabled corporations to shift between definitions and evade scrutiny. This chapter examines the historical development of the modern corporate form in relation to debates on the nature of sovereignty to explain how the modern corporation projects its own sovereignty in society, and evades the external imposition of sovereignty by the state. We propose conceptual and policy changes that would better enable states to regulate modern corporations
International Law Becomes a Cyborg Science: Digital Echoes. Listening to New Normativities in International Law and Technology, Episode 4
Dispelling the Myths Behind First-author Citation Counts
We conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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