bluuebunny/crossref_metadata_2025 huggingface dataset:
The Participants in Thanksgiving Dinner
Authors: Tannen Deborah
Published: November 2023

At 4 P.M. on November 23, 1978, six people gathered for Thanks- giving dinner in Berkeley, California. The guests arrived; they greeted each other, chatted, then sat down to eat turkey, cranberry sauce, and sweet potatoes. The table was set at the beginning and cleared at the end; dishes were washed. Guests left; the host closed the door be- hind them. And all the while, they talked. When the guests returned to their homes and the host retired to the restored quiet of his post-dinner house, it was from the talk more than anything else that they gleaned their impressions of the evening and the people who participated in it.
The Study of Coherence in Discourse
Authors: Tannen Deborah
Published: November 2023

The experience of a perfectly tuned conversation is like an artistic experience. The satisfactions of shared rhythm, shared appreciation of nuance, and the mutual understanding that surpasses the meaning of words exchanged (such as has been illustrated in the interchanges between the Thanksgiving participants who shared stylistic strategies) go beyond the pleasure of having one’s message understood. A perfectly tuned conversation is a ratification of one’s way of being human and proof of connection to other people. It gives a sense of coherence in the world. Becker (1995) defines an aesthetic response as one in which discourse constraints are perceived as coherent. In this sense, successful conversation is an aesthetic experience.
Beyond Greed And Fear
Authors: Shefrin Hersh
Published: November 2023

This book provides a comprehensive treatment of behavioural finance. With the use of the latest psychological research, Shefrin helps us to understand the human behaviour that guides stock selection, financial services, and corporate financial strategy. He argues that financial practitioners must acknowledge and understand behavioural finance - the application of psychology to financial behaviour - in order to avoid many of the investment pitfalls caused by human error. Shefrin points out the common but costly mistakes that money managers, security analysts, financial planners, investment bankers, and corporate leaders make, so that readers gain valuable insights into their own financial decisions and those of their employees, asset managers, and advisors.
Taming Democracy
Authors: Bouton Terry
Published: November 2023

Americans are fond of reflecting upon the Founding Fathers, the noble group of men who came together to force out the tyranny of the British and bring democracy to the land. Unfortunately, as Terry Bouton shows in this highly provocative first book, the Revolutionary elite often seemed as determined to squash democracy after the war as they were to support it before. Centering on Pennsylvania, the symbolic and logistical center of the Revolution, Bouton shows how this radical shift in ideology spelled tragedy for hundreds of common people. Leading up to the Revolution, Pennsylvanians were united in their opinion that “the people” (i.e. white men) should be given access to the political system, and that some degree of wealth equality (i.e. among white men) was required to ensure that political freedom prevailed. As the war ended, Pennsylvania’s elites began brushing aside these ideas, using their political power to pass laws to enrich their own estates and hinder political organization by their opponents. By the 1780s, they had reenacted many of the same laws that they had gone to war to abolish, returning Pennsylvania to a state of economic depression and political hegemony. This unhappy situation led directly to the Whiskey and Fries rebellions, popular uprisings both put down by federal armies. Bouton’s work reveals a unique perspective, showing intimately how the war and the events that followed affected poor farmers and working people. Bouton introduces us to unsung heroes from this time--farmers, weavers, and tailors who put their lives on hold to fight to save democracy from the forces of “united avarice.” We also get a starkly new look at some familiar characters from the Revolution, including Benjamin Franklin, Alexander Hamilton, and George Washington, who Bouton strives to make readers see as real, flawed people, blinded by their own sense of entitlement. Taming Democracy represents a turning point in how we view the outcomes of the Revolutionary War and the motivations of the powerful men who led it. Its eye-opening revelations and insights make it an essential read for all readers with a passion for uncovering the true history of America.
Protective Measures
Authors: Mccaffrey Stephen C , Main Thomas O
Published: November 2023

A prime concern in transnational litigation is the time delays and uncertainties that are involved in every step of the procedure: serving foreign defendants may take time; the competence of the forum may be challenged on various grounds; the process of gathering evidence could be elaborate; the process of executing a judgment may be cumbersome. Indeed, every chapter in this book reveals the complexity and time-consuming nature of transnational litigation. Accordingly, it is wise to anticipate that such litigation may take even longer than traditional domestic litigation, which itself can be subject to substantial time delays.
Forum Selection Clauses
Authors: Mccaffrey Stephen C , Main Thomas O
Published: November 2023

One of the lawyer’s chief responsibilities is to anticipate and, to the extent possible, help the client to avoid problems. A forum selection clause can be an essential element of such planning. A forum selection clause is a provision in a contract providing for disputes to be brought before a specified court, in language such as “all disputes arising out of or related to this agreement shall be resolved in the High Court of Justice in London,” or “… in the Superior Court of the County of San Francisco,” or the courts of some other country. These clauses can also select an arbitral forum. For example, the parties might agree that “Any controversy or claim arising out of or relating to this contract shall be settled by arbitration administered by the American Arbitration Association.”
Tables
Authors: Hooghten Paul Van
Published: November 2023

At the date of publication of this book, the Takeover Directive (also referred to as the “Directive”) has been fully implemented by all Member States. This book, similar to the Directive it describes, had a rather torrid genesis. It has its origins in a speech I delivered in New York, which I intended to develop into a commentary on the Directive. However, as a practitioner, I could not help but thinking that a mere commentary on the Directive was like a bone without any meat. Without some information on the Directive’s implementation, the practical use of the book would be rather limited. This led to the ambitious project of also including a summary of the legislations implementing the Takeover Directive in the various European Union (EU) Member States. What initially seemed a straightforward task of collecting 27 contributions turned out to be anything but.
Implementation of the European Takeover Directive in Austria
Authors: Herbst Christian
Published: November 2023

European Union (EU) Directive 2004/25/EC of the European Parliament and of the Council of April 21, 2004, on takeover bids (the Takeover Directive or the Directive) was implemented in Austria by the Takeover Amendment Act (ÜbRÄG 2006, Articles 1 to 6). As part of the reform, substantial changes to Austrian takeover law were enacted, including as to mandatory offer requirements (ÜbG as amended by ÜbRÄG 2006, in the following Takeover Act or TA). Article 15 of the Directive was implemented as a part of a comprehensive squeeze-out regime (Shareholder Exclusion Act, GesAusG), which applies not only to squeezeouts following takeovers of listed companies, but to squeezeouts of shareholders of listed and private limited companies (GmbH) and stock corporations (AG).
Implementation of the European Takeover Directive in Bulgaria
Authors: Mincheva Djingov Vessela Stancheva , Velichkov Kyutchukov
Published: November 2023

In Bulgaria public takeovers and changes of control are regulated by the Law on the Public Offering of Securities (the LPOS). This Law entered into force on 31. January 2000. The state authority vested with competence for supervising takeover bids is the Bulgarian Financial Supervision Commission (the FSC).
Implementation of the European Takeover Directive in Italy
Authors: Picone Luca , Sassella Marta
Published: November 2023

Directive 2004/25/EC of the European Parliament and of the Council of April 21, 2004, on takeover bids (the Takeover Directive or the Directive) has been implemented in Italy. In Italy, public takeovers are governed by the: Legislative Decree no. 58 dated February 24, 1998 (the Consolidated Financial Act or the CFA), which has been recently amended and supplemented by the Legislative Decree no. 229 dated November 19, 2007, implementing in Italy the Takeover Directive with effect from December 28, 2007, and further amended by Legislative Decree no. 185 dated November 29, 2008; and Commissione Nazionale per le Società e la Borsa (CONSOB) regulation approved with resolution no. 11971 of May 14, 1999, as amended and supplemented from time to time by CONSOB (the Issuers’ Regulation). At the date of February 2009, the Issuers’ Regulation has not been amended yet, further to the implementation in Italy of the Takeover Directive.
Implementation of the European Takeover Directive in Romania
Authors: Dinu Marian , Ristici Diana Elena
Published: November 2023

The implementation of Directive 2004/25/EC of the European Parliament and of the Council of April 21, 2004, on takeover bids (the Takeover Directive or the Directive) in Romania started in 2004, before Romania became a Member State of the European Union (EU), as part of the implementation of the acquis communautaire on which accession to membership status was conditional. There were no significant legislative developments in this respect since Romania’s actual accession to EU membership on January 1, 2007.
Southern Honor
Authors: Wyatt-Brown Bertram
Published: November 2023

A finalist for the Pulitzer Prize and the American Book Award, hailed in The Washington Post as “a work of enormous imagination and enterprise” and in The New York Times as “an important, original book,” Southern Honor revolutionized our understanding of the antebellum South, revealing how Southern men adopted an ancient honor code that shaped their society from top to bottom. Using legal documents, letters, diaries, and newspaper columns, Wyatt-Brown offers fascinating examples to illuminate the dynamics of Southern life throughout the antebellum period. He describes how Southern whites, living chiefly in small, rural, agrarian surroundings, in which everyone knew everyone else, established the local hierarchy of kinfolk and neighbors according to their individual and familial reputation. By claiming honour and dreading shame, they controlled their slaves, ruled their households, established the social rankings of themselves, kinfolk, and neighbors, and responded ferociously against perceived threats. The shamed and shameless sometimes suffered grievously for defying community norms. Wyatt-Brown further explains how a Southern elite refined the ethic. Learning, gentlemanly behavior, and deliberate rather than reckless resort to arms softened the cruder form, which the author calls “primal honor.” In either case, honor required men to demonstrate their prowess and engage in fierce defense of individual, family, community, and regional reputation by duel, physical encounter, or war. Subordination of African-Americans was uppermost in this Southern ethic. Any threat, whether from the slaves themselves or from outside agitation, had to be met forcefully. Slavery was the root cause of the Civil War, but, according to Wyatt-Brown, honor pulled the trigger. Featuring a new introduction by the author, this anniversary edition of a classic work offers readers a compelling view of Southern culture before the Civil War.
Primal Honor: The Tensions of Patriarchy
Authors: Wyatt-Brown Bertram
Published: November 2023

In Absalom, Absalom! William Faulkner describes the curious relationship between leader and follower in the rural South just after the Civil War. In his remorseless determination to found a dynasty, Colonel Thomas Sutpen, a nouveau riche member of the Mississippi planter class, seduces Milly, granddaughter of Wash Jones, the caretaker of Sutpen’s Hundred. Milly gives birth to a daughter in the stable straw. Sutpen had sought a son and heir, to give his name perpetuity, and in disappointment he callously tells her, “Well Milly; too bad you’re not a mare too. Then I could give you a decent stall in the stable.” By community standards, Wash Jones is poor white trash, friendless and kinless, only marginally independent. He had not served with his employer in the war; his only contribution had been an or. casional request for Sutpen to kill a Yankee or two for him. Inwardly he knows his position, too. But the colonel had never forced him to confront his worthlessness, had never driven him to selfdespisement before. The brutish remark that Jones overhears shows how matters really stand. In mad reprisal, Jones seizes a scythe and slays his chief. Then, once again as passive as he had been throughout his years of mean subservience, he sits on his haunches awaiting the inevitable arrest.
Fathers, Mothers, and Progeny
Authors: Wyatt-Brown Bertram
Published: November 2023

In his apologia for the Southern Way, Daniel R. Hundley declared in 1860 that “in the South the family is a much more powerful institution than in other portions of the Republic” and “the parental discipline more rigid.” Amidst the decay of old values in the North ern states, where boys were rude to elders and women were “inclined to enter the lists” in competition with men, these old fashioned virtues appealed to Southern enthusiasts like Hundley. He believed stern childbearing practices ensured social stability and respect for order. Yet as Clifford Geertz has declared, “No social arrangement is or can be completely successful in coping with the insoluble antinomies” it inevitably faces. The Southern dilemma on this score may have been no worse than any other society’s difficulties. Yet the concentration of wide power in the hands of a single head of household entailed strains, particularly when the individual was ill equipped to handle the duties involved. Even if a wife or helpful relative were able to compensate for some of the Southern patriarch’s frailties, their roles had to be played out within the con text of the legitimacy of his rule. Quite naturally, the plantation sovereign tended to heap blame on anyone but himself in an effort to transfer responsibilities that might be overwhelming.
The Anatomy of a Wife-Killing
Authors: Wyatt-Brown Bertram
Published: November 2023

The end of this study, like the beginning, concerns violence, family expectations and disappointments, male-centered community life, and elemental popular traditions. The killing of Susan Foster near Natchez, Mississippi, in March, 18114, was not a notable crime. Neither the deed itself nor its aftermath was well publicized nation ally, regionally, or even locally. Unlike Lilburne and Isham Lewis, Thomas Jefferson’s feckless nephews and literal butchers of a slave boy in Kentucky in 1811, the Fosters, husband and wife, had no famous connections to lend their lives notoriety. Folklorists will recover no ballads, broadsheets, or ghost stories commemorating the tragedy. Moreover, in contrast to a parricide in France of the same period (18115), the Foster affair aroused no public stirrings about the insanity plea. Unlike the celebrated Manning case in 1849 London, the Natchez killing did not attract a writer of Charles Dickens’s stature seeking to use it as material for a novel (Bleak House) and as an argument against public punishments that simply indulged the popular taste for blood. Even Yankee abolitionists missed the chance to savor the incident as yet another example of Southern atrocity.
End of a Political Dream
Authors: Procter Ben
Published: November 2023

On April 29, 1923, William Randolph Hearst turned sixty, a statistic that did not necessarily delight him. Advancing age was becoming a negative factor in his quest for the presidency of the United States. Over all, his political record was an account of continuing disappointment and disheartening failure. For instance, his latest attempt for high public office had ended in a frustrating debacle. During the first nine months of 1922 he had applied the considerable resources of the Hearst media empire to his election either as governor or senator of New York. But late in September, while in convention, Tammany Hall and the state Democrats had rejected his candidacy. In the ensuing months he played the good soldier by supporting Al Smith for governor, the man responsible for his de feat. And while party leaders applauded such acts of loyalty and good sportsmanship with token promises of future backing, lingering questions remained. How could he trust the word of Tammany chiefs Charles Francis Murphy and “Big Tom” Foley, who adopted expediency over principle and who sided in any confrontation with his mortal enemy, Al Smith?
Guardians of the Revolution
Authors: Takeyh Ray
Published: November 2023

For over a quarter century, Iran has been one of America’s chief nemeses. Ever since Ayatollah Khomeini overthrew the Shah in 1979, the relationship between the two nations has been antagonistic: revolutionary guards chanting against the Great Satan, Bush fulminating against the Axis of Evil, Iranian support for Hezbollah, and President Ahmadinejad blaming the U.S. for the world’s ills. The unending war of words suggests an intractable divide between Iran and the West, one that may very well lead to a shooting war in the near future. But as Ray Takeyh shows in this accessible and authoritative history of Iran’s relations with the world since the revolution, behind the famous personalities and extremist slogans is a nation that is far more pragmatic—and complex—than many in the West have been led to believe. Takeyh explodes many of our simplistic myths of Iran as an intransigently Islamist foe of the West. Tracing the course of Iranian policy since the 1979 revolution, Takeyh identifies four distinct periods: the revolutionary era of the 1980s, the tempered gradualism following the death of Khomeini and the end of the Iran-Iraq war in 1989, the “reformist” period from 1997-2005 under President Khatami, and the shift toward confrontation and radicalism since the election of President Ahmadinejad in 2005. Takeyh shows that three powerful forces—Islamism, pragmatism, and great power pretensions—have competed in each of these periods, and that Iran’s often paradoxical policies are in reality a series of compromises between the hardliners and the moderates, often with wild oscillations between pragmatism and ideological dogmatism. The U.S.’s task, Takeyh argues, is to find strategies that address Iran’s objectionable behavior without demonizing this key player in an increasingly vital and volatile region. With its clear-sighted grasp of both nuance and historical sweep, Guardians of the Revolution will stand as the standard work on this controversial—and central—actor in world politics for years to come.
Introduction
Authors: Takeyh Ray
Published: November 2023

“The late imam was the greatest political and military analyst and a great politician. Imam Khomeini was the best possible pattern for all people in all ages and eras,” declared President Mahmoud Ahmadinejad in 2008. It is rare for a revolutionary leader to exercise such influence over the imagination of his successors two decades after his pass-ing. However, Ayatollah Ruhollah Khomeini was no ordinary leader, as his vision and words continue to resonate with generations of Iranian politi-cians. All of this raises the following questions:
Khomeini’s Ideology and Iran’s Grand Strategy
Authors: Takeyh Ray
Published: November 2023

On june 6, 1989, the founder of the islamic republic, Ayatollah Ruhollah Khomeini, passed away. The announcement of his death was greeted with mass demonstrations and a remarkable display of grief and passion throughout the country. However, nearly two decades after his death, Khomeini remains one of the central figures in Iran’s political narrative. By creating a web of institutions and nurturing a dedicated corps of disciples, the enterprising cleric has managed to implant his vision in Iran’s social fabric.
Relations with the “Great Satan”
Authors: Takeyh Ray
Published: November 2023

Since the inception of the islamic republic, no decade has left a greater mark on U.S.-Iranian relations than the 1980s. During this period, Iran held fifty-two American diplomats hostage for 444 days, engaged in a proxy war with the United States in Lebanon, and even indulged in skirmishes with the U.S. Navy in the Persian Gulf. However, the decade was not a story of unrelenting animosity, as the two powers managed to come together in a peculiar exchange of arms for hostages, culmi-nating in the Iran-Contra scandal.
Iran-Iraq War
Authors: Takeyh Ray
Published: November 2023

The iran-iraq war remains one of the longest conflicts in the history of the modern Middle East. The war would define Iran’s foreign policy orientation, as the exigencies of the conflict conditioned its approach to the United States, the Arab world, and even Israel. Iran fought the war with remarkable disadvantages in view of the fact that it lacked reliable allies, a dependable supply of arms, and the goodwill of the superpowers. The regime’s ability to sustain an eight-year conflict reflects its resilience and ability to mobilize the society and consolidate its power under duress.
Reconciliation Diplomacy and Its Limits
Authors: Takeyh Ray
Published: November 2023

As rafsanjani assumed the presidency, he sensed that the imperatives of economic reconstruction would have to guide his pri-orities abroad. Iran would have to be part of the global economy, mend fences with its neighbors, and come to terms with its erstwhile foes. Given the contentious nature of relations with the United States, he hoped that reconciliation with the European community and the Gulf states and the forging of constructive ties with Russia and China would be sufficient to meet Iran’s requirements.
September 11 and the Politics of Fear, Hope, and Necessity
Authors: Takeyh Ray
Published: November 2023

The terrorist attack on the american homeland on September 11, 2001, was a defining moment in recent U.S. history. For decades, successive administrations had relied on unrepresentative regional governments to provide stability. The United States had exempted itself from paying too close attention to the Arab order with its decaying institu-tions, religious extremism, and a political culture that often condoned vio-lence against the “infidels.” George W. Bush, who had hoped his presidency would focus on domestic problems and great power rivalries, now had to confront a Middle East with all of its pathologies and resentments.
Bee Bombs and Wasp Warheads
Authors: Lockwood Jeffrey A
Published: November 2023

The first era of entomological warfare saw insects drafted into battle to directly afflict the enemy. More sophisticated tactics of transmitting diseases and destroying crops would have to wait for breakthroughs in human knowledge. However, we shouldn’t disparage the cleverness of ancient peoples. After all, they laid the foundations for modern weaponry—and insects were the first organisms used to wage biological warfare. The military historian John T. Ambrose contends that insects have long “served as models for man to emulate in . . . the art of warfare.” The social insects (those living in complex groups: ants, bees, wasps, and termites) were praised by early military strategists, as these creatures were thought to be unwaveringly loyal to their kin, extremely courageous, and exquisitely lethal. Early evidence of insects being held in military esteem is seen in Egyptian hieroglyphics dating to the first dynasty, more than 5,000 years ago. Some scholars contend that King Menes—the “Scorpion King” (so named for his family totem)—chose a hornet (subfamily Vespinae) as a symbol of his rule, reminding both countrymen and enemies of the pain that he could inflict.
The Victories of the Vectors
Authors: Lockwood Jeffrey A
Published: November 2023

Insects have carried disease onto the battlefield for more than two thousand years. For example, during the Peloponnesian War in 429 bce, fleainfested rats on Greek warships brought plague from Ethiopia and hastened the collapse of the Athenian state.1 The beneficiaries of this and other such fortuitously timed epidemics were apt to interpret outbreaks as divine interventions. The ancient Hittites and Babylonians were particularly explicit in this regard, paying homage to Irra, the archer-god who could fire arrows of disease into the enemy. The Greeks had even deeper insights, believing that Apollo decimated enemies by using invisible plague-arrows and sending infestations of rodents.2 So while the rodent-disease association had been made, fleas remained as invisible arrows. In 396 bce, the citizens of Pachynus, Sicily, implored Apollo to loose his biological weapons on the approaching Carthaginians. Their prayers were answered when a pestilence—most likely bubonic plague—irrupted on the invaders’ ships and the fleet turned back before reaching Sicily.3
A Most Uncivil War
Authors: Lockwood Jeffrey A
Published: November 2023

An entomologist started the U.S. Civil War.1 At 4:30 a.m. on April 12, 1861, at the harbor entrance to Charleston, South Carolina, a cannon shot rang out from Fort Sumter. The man who pulled the lanyard was Edmond Ruffin, the editor of the Farmers’ Register and a naturalist who had devoted himself to the study and control of grain moths. The bombardment continued for 34 hours, and the next day the United States officially declared war on the Confederacy. It is oddly apropos that an entomologist fired the first shot in a war during which insects would kill far more soldiers than would canons, firearms, and bayonets. The Civil War showcased forms of entomological warfare that military commanders had been refining for centuries. The bloodiest of American conflicts not only marked a culmination of insect prowess on the battlefield but also provided an ominous glimpse of what was to come in the next century. To understand the place of this conflict in the drama of entomological warfare, we must first appreciate the insect actors and their supporting cast of pathogens.
All’s Lousy on the Eastern Front
Authors: Lockwood Jeffrey A
Published: November 2023

During World War I, the European continent provided history’s largest experiment in entomological warfare tactics. For the first time, scientific understanding of insect-borne diseases allowed these agents to be exploited as “passive weapons,” demonstrating that the best offense could be a good defense. Rather than forcing the enemy into infested habitats, science provided the means for military leaders to protect their own forces from the ravages of disease-carrying insects that were part and parcel of war. The advantage of metal armor had been known for centuries, but biological armor now transformed the battlefield. The grand experiment, however unintentional, allowed military historians to compare the course of war when an army was vulnerable versus when it was protected from the ravages of lice. From 1914 through 1918, the Eastern Front was a worst-case scenario for typhus, while the Western Front was relatively vermin free—an utterly unique experience in the annals of entomological warfare.
A Monstrous Metamorphosis
Authors: Lockwood Jeffrey A
Published: November 2023

In 1894, bubonic plague irrupted in Canton, China, and spread to Hong Kong. From this port city, the lethal trio of fleas, rats, and bacteria stowed away on ships heading around the world. As the ensuing pandemic began claiming 12 million lives, two scientists raced to discover the microbe responsible for the Black Death. The winner beat his rival by a matter of days, and the victor’s name is now known to every student of microbiology. Alexander Yersin, an eccentric French doctor, shares his name with the plague bacterium, Yersinia pestis. And the loser? Kitasato Shibasaburo is no more than a footnote in the chronicles of science. This Japanese microbiologist was, however, a vital link in a chain of events that led to the most diabolical program of entomological warfare ever devised.
Cuban Missiles vs. American Arthropods
Authors: Lockwood Jeffrey A
Published: November 2023

On October 22, 1962, President John F. Kennedy addressed the nation with this chilling announcement: Good evening my fellow citizens. This Government, as promised, has maintained the closest surveillance of the Soviet Military buildup on the island of Cuba. Within the past week, unmistakable evidence has established the fact that a series of offensive missile sites is now in preparation on that imprisoned island. The purpose of these bases can be none other than to provide a nuclear strike capability against the Western Hemisphere. So began a game of brinkmanship the likes of which the world had not seen before. Tensions escalated when Kennedy ordered a naval blockade and the Russian Premier, Nikita S. Khrushchev, responded by authorizing his field commanders in Cuba to launch the nuclear missiles if U.S. forces attacked the island.
“Vigilant and Ready”?
Authors: Lockwood Jeffrey A
Published: November 2023

In today’s world, entomological terrorism is not perceived as a clear and present danger. However, historical and recent events strongly suggest that western nations would be well advised to take seriously the possibility that insects could be used to attack people and agriculture. In this context, the United States has developed several lines of defense, but whether these are adequate is not at all clear. The first—and arguably least effective—tactic is the law.1 As early as the seventh century bce, the rules of war prohibited destruction of forests, orchards, herds, and even beehives. The dishonorable nature of starving a populace became reified in the 20th century by the Geneva Protocol. In broader terms, the Biological and Toxin Weapons Convention (BTWC) forbids using living organisms, presumably including insects (although not explicitly named), as weapons. But there are serious problems with such accords.
Justice, Community, and Membership
Authors: Sandel Michael J
Published: November 2023

Contemporary critics of Kant and Rawls challenge their political theory on two grounds. First, they argue that the liberalism of Kant and Rawls rests on a notion of persons as freely choosing, individual selves that does not leave room for loyalties and obligations antecedent to choice. Because these critics emphasize the moral claims that may arise from our membership in particular communities and traditions, they are sometimes called communitarians. They also challenge the idea, shared by Kant and Rawls, that principles of justice can be defined and defended without affirming a particular conception of the good. Arguments about justice and rights, say the critics, cannot be neutral with respect to competing conceptions of the good life.
The Effect of Conquest on Private Property and Contract Rights
Authors: Gathii James Thuo
Published: November 2023

The confiscation of private property during wartime is prohibited under customary international law. This chapter examines how well this rule has held up. To do so, I will discuss a 1905 House of Lords decision that explicitly found the rule against extinction was preempted by the prerogatives of the Crown. I will also discuss how Native American ownership of land in early American history was treated as mere possession upon conquest and in the various peace treaties between the United States and Spain, whereas similar possession of land by white colonial settlers was held to constitute unimpeachable private property interests.
War, Investment, and International Law
Authors: Gathii James Thuo
Published: November 2023

Recent scholarship has celebrated the peaceful consequences of regimes of the international economic order. The advent of the Bretton Woods institutions and the United Nations were in fact, institutional responses to the World War II that embodied a set of goals and principles as alternatives to resolving conflict by war. It is not therefore surprising that the pragmatism and functionalism of the post-World War II period also regarded these institutions as a victory over the dark forces and passions that led to the outbreak of World War II.

Rules and institutions of international trade and investment also provide alternatives to the role of territorial conquests as ways of facilitating access to resources in formerly colonized countries needed by multinational firms. In addition, as shown in this chapter, rules of international investment law and arbitral forums were seen as alternatives to the forcible collection of debts. In short, although territorial conquest in the nineteenth century facilitated the extraction of mineral and other resources from poor countries, in the twenty-first century international legal regimes ensure their continued nonviolent access.
Commercializing War Private Military and Security Companies, Mercenaries and International Law
Authors: Gathii James Thuo
Published: November 2023

With the end of the twentieth century and the beginning of the twenty-first century, the commercialization of war has greatly expanded and accelerated. In fact, as shown in the discussion of resource wars in Chapter 6, war is as much a business as is the secretive trade in high-end resources, such as diamonds. In addition, although the work of mercenaries and mercenary-like groups is not new, the commercialization of war is increasingly becoming privatized within corporations with global operations managed by former military professionals offering a whole range of services. The following chapter discusses this commercialization of war, and the limits and potential for holding its wielders accountable for violations international law.

Although transnational commerce has been increasingly militarized, States have lost their monopoly over the use of legitimate force, particularly in poor countries where violence and war have increasingly become commercialized. Thus, investors and States buy the services of paramilitary and other groups like they would buy other inputs to enable them to do what they do.
International Classification of Headache Disorders and Classification and Diagnosis of Migraine
Authors: Levin Morris
Published: November 2023

In designing a comprehensive and useful headache classification, the largest obstacle is the lack of reliable diagnostic markers for even such thoroughly studied illnesses as migraine. Thus, any diagnostic system must rely on subjective data, which leads to the essentially descriptive approach of all headache classifications to date, including the most recent and best system, the International Classification of Headache Disorders, 2nd edition (ICHD-II). This is a limitation of the classification system, but it has become clear that to further our under- standing of the headache disorders, we need to divide them into types using some system of classification. To improve upon this system of defining the various headache types, it is important to subject the ICHD-II itself to systematic study. In other words, to learn more about headaches, they must first be separated into more or less discrete categories, then examined with the best tools available; next rearranged into more accurate categories based on evidence accumulated in this way; and then re-examined, in a reiterative process.
Classification and Diagnosis of Secondary Headaches: Substances, Metabolic Disorders, EENT Causes, and Neuralgias
Authors: Newman Lawrence C
Published: November 2023

In the ICHD-II, substance-related headaches are divided into four subtopics: headache induced by use of or exposure to acute substances, medication over- use headache, headache as an adverse event attributed to chronic medication, and headache attributed to substance withdrawal.

The definitive diagnosis of headache attributed to a substance can be made only after the headache resolves or greatly improves after 3 months has passed after termination of the exposure; if the headache does not resolve or signifi- cantly improve after 3 months the diagnosis “chronic post-substance exposure headache” (included in the ICHD-II appendix) is considered.
Procedures for Headache
Authors: Ward Thomas N
Published: November 2023

Various “procedures” can be employed to help alleviate headache. This section will focus on neurosurgical options and anesthetic blockade. These options vary from relatively noninvasive (e.g., neural blockade) to destructive and/or invasive to a significant degree. They rarely cure headache; medical manage- ment is usually still necessary. All carry some degree of risk, and therefore the age and general medical condition of the patient must be kept in mind.
The Burlesque Stage
Authors: Frankel Noralee
Published: November 2023

According to Gypsy’s autobiography, the band at the Gaiety Theater in Toledo played “Little Gypsy Sweetheart.” Slowly and sensuously removing black-headed dressmaker’s straight pins from her lavender dress, Gypsy dropped the pins into the tuba in the orchestra pit below. They pinged as they hit the brass bell. Just as the music halted, she removed her shoulder straps and her filmy net dress fell on the floor. “Wrapping the curtain around me I disappeared into the wings,” explained Gypsy, describing her first striptease.

For another act, she dressed as a bird. She started at the top of the stairs and slowly descended. The applause grew. Gypsy flapped her wings and exposed parts of her lovely body. “It was the least I could do, I thought, to show my appreciation,” she explained. From the beginning, she acted like a star. “As the curtain began to close in I stepped forward and took the folds and brought them slowly together, smiling out at the audience until the two sides met.” Playfulness with the curtain remained a part of her act throughout her career. Gypsy was probably nineteen.
The Most Famous Former Stripper in the World
Authors: Frankel Noralee
Published: November 2023

As she moved into her forties, Gypsy began to perform her classic routine “Psychology of a Strip-Tease Dancer” behind a screen so her audience saw her in silhouette and was forced to use its imagination. She constructed a shadow box out of aluminum beams and scrim with discreet pink satin on the sides that prevented unwanted peeking. But as always, Gypsy worked hard mugging and coaxing laughter. By the finale, perspiration covered her entire body. Amazingly, she still performed at least ten to twelve weeks a year.

With great fatigue, she explained to her son that she felt “too old to be taking my clothes off in front of strangers.” Longing to end her stripping career, she conceded wearily, “There’s nothing left for me to show.”Although Gypsy still thrilled the crowds, the cultural milieu had changed by the 1950s. Gypsy’s satirical routines became more difficult for audiences to appreciate. In the postwar political climate, people took what Gypsy referred to as “nudity and the sanctity of American womanhood” seriously. Popular culture constructed the roles of women quite rigidly. Equally important, Gypsy’s routines were parodies of burlesque. Audiences too young to remember the original acts did not comprehend the cleverness of Gypsy’s satire. In 1951 at age forty, she told an interviewer, “Don’t ask me what’s new in burlesque—I’m what’s old in burlesque.” But Gypsy kept the act current.
The Scope of BIT Protections
Authors: Vandevelde Kenneth J
Published: November 2023

The bilateral investment treaties (BITs) contain a number of provisions that prescribe the scope of the protections they accord. First, Article I defines several terms that determine the scope of treaty protection. Because the BITs generally require a party to provide certain protections to investment of nationals and companies of one party in the territory of the other party, terms that establish the scope of treaty protection include “investment,” “national,” “company,” and “territory.” Beginning with the 2004 model, the terms “national” and “company” sometimes are referred to collectively as “investors.” Section 4.1 below discusses the definition of the terms “investment” and “covered investment.” Section 4.2 discusses the definition of the term “national” while section 4.3 discusses the definition of the terms “company” and “company of a Party.” Section 4.4 discusses the definition of the term “territory,” which, as will be seen, was left undefined in most BITs. Sections 4.5 and 4.6 discuss certain other terms that are defined in some of the BITs. The State Department has explained that, “[a]s a general matter, [the definitions] are designed to be broad and inclusive in nature.”
National Security and The Legal Process
Authors: O’Neill Philip D
Published: November 2023

Today, as in the savage past, conflict often blurs the principle of distinction between civilians and combatants. We in the U.S. again live in an age of insecurity where seemingly anyone may come under attack—anywhere, any time, with almost any amount of damage imaginable. Although the existential threat of Cold War nuclear confrontation between Super Powers is now largely dissipated, our national sense of vulnerability grew in the aftermath of the 9/11 attacks. In the second half of the 20th century, deterrence had protected some populations by effectively holding them hostage; our assured destruction helped to prevent it. But security as a “shared destiny” now yields to the principle of self-defense. Through such self-defense, “proportionate response” permits civilian “collateral damage” when militarily necessary in lawful attacks on targets.
Partnership
Authors: Ribstein Larry E
Published: November 2023

This chapter discusses the basic uncorporate form—the partnership. The chapter has three objectives. First, it describes how the modern general partnership (as it took shape in the United States and the United Kingdom in the nineteenth century) provides a coherent contractual framework for the governance problems discussed in Chapter 2. General partnership law provides rules designed for a particular type of relationship among multiple owners who, as the statutes say, are “carrying on a business for profit.” This distinguishes partnerships both from sole proprietorships and from nonbusiness and nonprofit relationships such as the tenancy in common. More importantly for present purposes, general partnership provides for a specific type of business co-ownership that differs from centrally managed firms—that is, a relationship among active owners.
Military Justice and the Original Intent of Military Commissions
Authors: Sulmasy Glenn
Published: November 2023

The bush administration’s decision to use military commissions as the preferred means of adjudicating al Qaeda was not new for the United States government. Throughout our relatively short history, U.S. military commanders and presidents have relied upon this type of “special tribunal” as the best means to try crimes committed by unlawful belligerents during periods of armed conflict. In , President Bush and his lawyers looked to this established practice as well as the relatively ambiguous statutory provisions provided within the Uniform Code of Military Justice (UCMJ), and determined this was the most flexible option to employ.
The Bigger Hill
Authors: Desjardin Thomas A
Published: November 2023

The hour or two that immediately followed the end of the fighting was filled with a mixture of busy soldiers carrying out various duties and clumps of them lying in a state of collapse. In the falling darkness company officers, many of them newly promoted by virtue of Rebel bullets that had found their targets, sent out details of men to bury the dead, gather discarded weapons, and carry information up and down the chain of command. Amid all of this coming and going much rumor, gossip, even an occasional fact passed from one regiment to another, and the soldiers began to piece together the previous hour or more that had seemed to pass so quickly. Officers did their best to account for the men under their command and, when their fatigue waned, soldiers wandered about in search of mess-mates, neighbors, and kin among the dead and wounded.
In Great Deeds Something Abides
Authors: Desjardin Thomas A
Published: November 2023

The close of the Gettysburg Campaign hardly meant the end of its influence over the soldiers who survived the fight for Vincent’s Spur. On the contrary, veterans of the three regiments found that the fight, which lasted little more than ninety minutes, continued to have an impact on their lives for decades. But, in the months immediately after Gettysburg, veterans viewed the battle on the spur as having no greater significance for the cause of either side than any other portion of the battle, and their thoughts turned to engagements yet to come.
Withdrawal from Complicity
Authors: Zakaras Alex
Published: November 2023

Though the pursuit of individuality begins in private life, it does not exhaust itself there. In fact, Emerson came to believe that self-authorship required deliberate political speech and action. Citizens who simply withdrew into private life exposed themselves to the risk of complicity in political injustice, which amounted for Emerson not only to a moral failure but also a forfeiture of personal autonomy. The theme of personal complicity is what motivates Emerson’s sometimes reluctant attention to politics, and it runs through virtually all of Emerson’s writings on citizenship. Its fullest articulation comes in Emerson’s speeches on slavery in the 1850s. Before turning to these later documents, though, it is important to make note of the utopian and antipolitical strains that are manifest especially in his earlier essays.
Mexico
Authors: Malumian Nicolas
Published: November 2023

Compared with the rest of Latin America, Mexico has seen a very long tradition of the use of trusts. As explained in detail in Chapter 2 (Section A1) about the antecedents of trusts in Latin America, despite several attempts in the first decades of the twentieth century, an example being the Trust Banks Act of June 30, 1926, trusts were regulated by the Securities and Credit Transactions General Act (Ley General de Títulos y Operaciones de Crédito or LGTOC) passed in 1932 and amended several times since then. Summarizing the explanation in Chapter 2, the Mexican trust was modeled by Pablo Macedo (who was a member of the committee appointed to draw up the 1932 LGTOC) after the U.S. trust, in?uenced by the works of Pierre Lepaulle.
Uruguay
Authors: Malumian Nicolas
Published: November 2023

Law No. 17703 entered into force on November 26, 2003 (published in the Official Gazette on November 4, 2003). This law introduced the trust into Uruguayan law, being complemented by Regulatory Decree No. 516, amended by Decree No. 46/04 (hereinafter the “Trust Law” and the “Decree”), and also regulated by rules 1892, 1889, 1895, and 2004/041 of the Uruguayan Central Bank (BCU). Before the Trust Law, Uruguayan law did not regulate the trust, and it was not possible to create a separate special-purpose patrimony with assets that could not be attacked by the creditors of the grantor, trustee, and beneficiary.
Targeting of Persons and Property
Authors: Jensen Lieutenant Colonel Eric T
Published: November 2023

It is a simple reality of warfare that in order to defeat an enemy it is neccessary to attack and destroy the enemy’s combat capability. Employment of combat power for this purpose is referred to in the lexicon of military operations as targeting. The targeting process involves identifying a potential target or desired effect and determining it as a military objective; selecting the most appropriate capability, whether kinetic or nonkinetic, to achieve the desired operational effect; executing military operations to employ the combat capability; and assessing the effects achieved. once the effects are assessed, that information is fed back into the targeting process, and the cycle continuously repeats itself.