bluuebunny/crossref_metadata_2025 huggingface dataset:
Inconclusive Public Reasoning
Authors: Gaus Gerald F
Published: November 2023

I argued in the previous chapter that liberal public justification is possible. As John Gray stresses, however, the great difficulty confronting liberal public justification is the generality and abstractness of the victoriously justified principles. The principles that can be victoriously justified, I have suggested, are really instances of nested inconclusiveness. Although the requirements of victorious public justification can be met, they are demanding; it is to not be expected that relatively specific interpretations of these principles can also be victoriously justified. We should expect that even though a set of proposals can be victoriously justified, within the set no conclusive arguments will be forthcoming. Although we can justify embracing the concept (e.g., a right to free speech), no specific conception can be justified. But, as Rawls tells us, a conception supplies the principles and rules required to apply the concept in actual cases. Consequently, if the justifications of specific conceptions are inconclusive, liberals have no way to apply their justified principles. Although I have insisted that the abstract principles have exclusionary force-they exclude some possible norms as permissible-it must be acknowledged that they often provide little in the way of positive guidance.
The Rule of Law
Authors: Gaus Gerald F
Published: November 2023

As I observed in chapter 11, the social contract tradition as exemplified by Hobbes, Locke, and Kant has sought to justify an arbitrator, umpire, or judge whose task is to provide public, definitive resolutions of conflicting judgments. Although we typically conceive of social contract theory as justifying “government,” Locke’s phrase is far more accurate and revealing: To escape the state of nature, in which each relies on her own moral judgments, we require rule by an “Umpire, by settled standing Rules, indifferent, and the same to all Parties” -that is, umpiring through law. For all three philosophers law as articulated by the umpire, is the definitive voice of public reason. “CIVIL LAw,” said Hobbes, “is to every subject, those rules, which the commonwealth hath commanded him, by word, writing, or other sufficient sign of the will, to make use of, for the distinction of right, and wrong ....” In part III I aim to show that such an umpire can be victoriously justified. This requires two tasks. First, I must show that an umpire who rules through law can be victoriously justified. Unless that can be done, disputes about the publicly justified umpiring procedure will simply replace disputes about justice. As Nozick observes: “When sincere and good persons differ, we are prone to think they must accept some procedure to decide their differences, some procedure they both agree to be reliable or fair. [But] ... this disagreement may extend all the way up the ladder of procedures.” Showing that the disagreement does not extend all the way up the ladder of political procedures is the main concern of social contract theory; I turn to it in chapters 13 and 14. Second, it needs to be shown why umpiring through law is required to solve the problems raised by a clash of private judgments. That is, leaving aside which umpiring procedure we should employ (i.e., what form of government is justified), why does the analysis of conflicting private judgments indicate that the set of justifiable umpiring procedures must be restricted to those that rule through law? It is to this question that I now turn.
Configuring Race in the American West
Authors: Pascoe Peggy
Published: November 2023

Oregon already had a law prohibiting marriage between “a white person” and “a negro,” but State Representative James Gingles thought that wasn’t enough. In October 1866, Gingles introduced a bill to “prohibit Amalgamation and the Intermarriage of the races” by punishing “any white person” who married “any negro, Chinese, kanaka or Indian” in the Oregon House of Representatives. To Gingles, and to other nineteenth-century legislators in western states and territories, the passage of a miscegenation law was an ordinary exercise in state-making, one of many actions they took to secure the rights of White men like themselves. Men like Gingles proved every bit as eager as their southern counterparts to build new structures of white supremacy from the tumbling bricks of older racial hierarchies. But their western version of white supremacy reached beyond the baseline obsession with categories of White and Black, to build a longer list of non-White races that were then targeted in miscegenation laws.
From Full Commodification to Rcconstructivc Feminism
Authors: Williams Joan
Published: November 2023

The traditional feminist strategy for women’s equality is for women to work full time, with child care delegated to the market. Economist Barbara Bergmann has christened this the ‘‘full-commodification strategy.” Its most influential exposition was in Betty Friedan’s 1962 The Feminine Mystique.
Engineered in Japan: Introduction and Overview
Authors: Liker Jeffrey K , Ettlie John E , Campbell John Creighton
Published: November 2023

One might ask why yet another book on Japanese management would appear on the shelves at this late date. After all, haven’t U.S. managers learned all they need to know about Japanese approaches, from the voluminous literature appearing in the 1980s? We learned all about JIT, TQM, TPM, SPC, QFD, and the product-development shusa. We know about lean manufacturing, and we have been busily adopting what we can of Japan’s quality methods. Our plants have become leaner and more productive, and in many cases, the quality of our products approaches Japanese quality. We have been reducing product-development time through a variety of organizational and technical concurrent engineering approaches. We have been gaining market share, and at the time of this writing, our economy seems to be strengthening as the Japanese economy is still struggling to emerge from recession.
Governance Structure and Technology Transfer Management in R&D Consortia in the United States and Japan
Authors: Aldrich Howard E , Sasaki Toshihiro
Published: November 2023

Firms are no longer relying solely on their own R&D efforts (Contractor & Lorange, 1988), and they have increasingly turned to collaborative and cooperative interorganizational ties for R&D. Interorganizational arrangements, deliberately structured to promote the collective benefits of research and development, can give firms access to R&D that they could not manage on their own: joint ventures, technology licensing, subcontracting of research to private or university laboratories, and other arrangements (Auster, 1990). As Osborn and Baughn (Chapter 5 in this volume) noted, “The exchange and development of knowledge through alliances may allow firms quickly and creatively to integrate previously separate knowledge areas.” Firms that use joint and cooperative R&D processes can reap economies of scale and scope beyond the reach of a single firm if they can find effective mechanisms for sharing the jointly developed knowledge (Link & Bauer, 1989).
Toyota, Concurrent Engineering, and Set-Based Design
Authors: Ward Allen , Ii Durward K Sobek , Cristiano John J , Liker Jeffrey K
Published: November 2023

Concurrent engineering, the practice of simultaneously designing a product and its manufacturing system, is generally viewed as a major source of Japanese competitive advantage (Clark & Fujimoto, 1991). U.S. companies have rushed to construct structured design processes and multifunctional, often colocated teams in order to compete (Nevins & Whitney, 1989). Ironically, however, we discovered in our research that most managers at Japanese auto companies are fairly new to concurrent engineering, which many regard as a Toyota invention. Equally paradoxical, our research found that managers at Toyota, which has long experience with concurrent engineering, made little use of many commonly touted “crucial elements” of successful concurrent engineering. Toyota uses neither colocated nor dedicated multidisciplinary teams, and significant portions of the development process remain relatively unstructured.
A Pragmatist Ethics of Differences, Centers, and Margins
Authors: Gilbert Daniel R
Published: November 2023

You and I can learn more about making business more ethical from the creative efforts by Bill Watterson (“Calvin & Hobbes”), the late Jay Ward (“Rocky & Bullwinkle”), Dean Young and Stan Drake (“Blondie”), W.P. Kinsella (Box Socials), Gish Jen (Typical American), and Douglas Coupland (Generation X) than from reading about all the white-collar criminals ever convicted. I have come to this conclusion long after the day when, in my first month at Bucknell University, a student-I will call him “Senior”-entered my office with a proposal for heightening his classmates’ awareness about ethics.1 I threw cold water on Senior’s idea. And I would do so again.
The Stakeholder Containment Imperative
Authors: Gilbert Daniel R
Published: November 2023

Corporate America has the Baldridge Award. The motion picture indus­ try has the Oscar. Members of the recording industries in the United States and Canada confer the Grammy and Juno awards, respectively. College football players can be honored either with the Reisman Trophy or the Outland Award. Professional ice hockey has the Stanley Cup. Professional athletes can be honored with Most Valuable Player and Comeback Player awards. The world community has the Nobel Peace Prize. Each year, the University of Minnesota and the University of Iowa football teams play for the Floyd of Rosedale trophy.
Introduction
Authors: Haliczer Stephen
Published: November 2023

In spite of the reforms introduced during the reign of Ferdinand and Isabella that made Spain largely immune to the Lutheran threat, the Spanish Catholic Church remained a deeply troubled institution on the eve of the Reformation. Nowhere were these problems more evident than in the contemporary Spaniard’s attitudes toward the sacrament of penance. Since the Fourth Lateran Council (1215), Catholics had been required to confess their sins annually to a legally qualified priest, but the evidence suggests that few did so. There were a number of reasons for this mass abstention from the sacrament of penance. One obvious explanation was ignorance of the precept that mandated yearly confession. When the Spanish Inquisition turned its attention to religious offenses committed by the popular masses, such as blasphemy, bigamy, or superstition, officials were alarmed at what they discovered. Across large parts of Spain, especially in the more backward and inaccessible regions, peasants and artisans were largely ignorant of the basic tenets of the Catholic faith. Moreover, widespread absenteeism among both priests and bishops often left the laity without leadership or basic instruction.
The Soliciting Confessor
Authors: Haliczer Stephen
Published: November 2023

Interestingly enough, analysis of the ecclesiastical status of offenders coming before the Inquisition demonstrates conclusively that the vast majority were drawn from the religious orders. Out of the 223 accused, only 59 (26 percent) belonged to the secular clergy. Among the seculars, the largest groups were composed of parish priests (13.9 percent) and lieutenant curates (4 percent), followed by much smaller numbers of canons and other benefice holders and a sprinkling of assistants and chaplains.
Single-Loop Win-Win Methods
Authors: Nielsen Richard P
Published: November 2023

The present chapter examines how win-win politics retains much of the effectiveness of forcing while encouraging productive cooperation. With win-win politics, though, there can be no belief conversion toward the ethical. With win-win politics it is possible to adopt ethical behavior without reference to the ethical or even concern for the ethical among all parties to an agreement. This is both a strength and limitation of this type of politics. As is well known, win-win integrating as general management method was central to the post-1920s management reform efforts. This reform movement adapted psychology and cooperative human relations to management practice and has evolved into the fields of organizational behavior and leadership. Perhaps less well-known is that ethical concern was foundational for some of the leading scholars in this reform movement such as Elton Mayo.
Perestroika and the Failure of Soviet Capitalism, 1985-1990
Authors: Owen Thomas C
Published: November 2023

Historians of the era of perestroika (1985-91) may well conclude that, like the tsarist regime before it, the government of Mikhail Gorbachev fell because it failed to solve the problem of economic productivity. The collapse of the railroad system and the bread shortages that faced the tsarist ministers in December 1916 far exceeded the gradual dissolution of the economy seventy-five years later. Still, Gorbachev’s reluctance to implement market reforms on a scale commensurate with his rhetoric contributed directly to the economic crisis that doomed his regime.
The New Management Models: What They Say and What’s Needed to Pull Them Off
Authors: Culbert Samuel A
Published: November 2023

The stream of progressive new management models appears to be flowing open-endedly. Almost every day brings something new. Each of the models is aimed at changing the way that you function so that you can survive and prosper in an organization world that’s rapidly becoming unlike anything you’ve known before. To this point you should know the merits of total quality management, the importance of leadership that empowers, the imperative of a critical “fifth discipline” with a focus on organizational learning, the possibility of quantum leap transformational change, the need for “reengineering” corporate functions and “reinventing” government, the importance of constructing an organization that learns, the essential utilization of diversity, the possibilities of changing the internal culture, and the list goes on and on.
The Outsider’s Perspective or “If you’re from out of town, you must be an expert.”
Authors: Culbert Samuel A
Published: November 2023

The preceding chapter illustrated some of the problems that arise when implementing a new management model using the former mentality. Note that we’ve merely scratched the surface in describing what can go awry. We saw that to avoid problems, new models require a new mentality and the Artifact of Mind insight provides the foundation psychology on which the new mentality is built. This insight provides the key for engaging any of the progressive new models that you and your company decide is best.
Gaining Control by Relinquishing It
Authors: Culbert Samuel A
Published: November 2023

The “new mentality” theme put forth in this book can be expressed rather simply: get inside the other person’s mind-set prior to deciding on the injluence you want to exert and precisely how to exert it. But what happens when the mind-set in which the other person is viewing events and reasoning is the problem? Certainly this is going to be the case as an increasing number of managers attempt to operate new models using their former mentalities. More and more you are going to see managerial styles that, at critical moments, resist and even sabotage the intended direction of a new model.
Of Ritual Matters to Master: Structure and Improvisation in Language Development at Primary School
Authors: Merritt Marilyn
Published: November 2023

We are not surprised to learn that the interlocutors are not three-year-olds, or even five-year-olds, but rather nine- and ten-year-olds in the fourth grade of an American-system school. What makes this interchange fairly sophisticated? The grammatical pre-positioning of question markers and the use of elliptical answers display mature syntactic competence. The telling of time at the level of reckoning quarter hours displays organizational knowledge of the abstract world typically outside the competence of a preschool child.
China Nights (Japan, 1940): The Sustaining Romance of Japan at War
Authors: Freiberg Freda
Published: November 2023

Japan’s war against China, lasting as it did continually from 1937 to 1945 and engaging the bulk of the Japanese Imperial Army, was fundamental to Tokyo’s goals in Asia. This chapter examines Japanese wartime cinema, most particularly the motion picture China Nights (Japan, 1940), and analyzes some of the ways in which the war in China was represented on film to wartime Japanese audiences. It also demonstrates the effectiveness of using gender analysis to comprehend the ways in which the war was portrayed as an interracial and sexual melodrama. In the militaristic Japanese projection, feminine China needed the subjugation and protection of virile, masculine Japan. As analysis of the film makes clear, racism and sexism were important components of Japanese imperialism in China.
The Life and Times of Rosie the Riveter (U.S., 1980): The Experience and Legacy of Wartime Women Wage Earners
Authors: Kessler-Harris Alice
Published: November 2023

In 1946, the distinguished anthropologist Margaret Mead sought to evaluate the experiences of American women during World War II. Not much had happened, she concluded. Some women had moved in or stayed with parents; others had moved somewhat. Some who might not otherwise have done so had gone to work, and others, already working, had taken jobs that had been closed to them before the war. A few (perhaps 250,000) had entered the armed services. But all told, these changes did not add up to much. Women, Mead concluded, would now know a bit more about unions and be a little more empathetic to their husband’s trials at work. “Most of all women have waited. . . . [T]hey have learned to live . . . on the memory of a few short days. . . . to value love and marriage . . . more.” In short, American women, having suffered no important and catastrophic hardships, were asked “to go on living pretty much as they did before.” The only catch was that their men had changed, and women might have a hard time figuring them out.
Remnants Of Belief
Authors: Seidman Louis Michael , Tushnet Mark V
Published: November 2023

Designed as a supplement for constitutional law courses and seminars, Seidman and Tushnet use examples drawn from the popular press, public discussion and law articles to show how and why constitutional debate has evolved into the political conundrum it’s become.
Beyond Boundaries: Open Labor Markets and Learning in Silicon Valley
Authors: Saxenian AnnaLee
Published: November 2023

THE BOUNDARYLESS CAREER Beyond Boundaries: Open Labor Markets and Learning in Silicon Valley Annalee Saxenian According to local mythology, William Hewlett, cofounder of the Hewlett-Packard Company, routinely offered the following advice to newcomers to Silicon Valley: “If you want to succeed here you need to be willing to do three things: change jobs often, talk to your competitors, and take risks-even if it means failing.” Speaking with the authority of one of the region’s oldest and most respected entrepreneurs, Hewlett was able to highlight the distinctive features of the labor markets in this northern California region: the pervasiveness of interfirm mobility; the importance of the informal social networks that transcend firm boundaries, and the high rates of firm formation (and failure). Hewlett recognized that successful careers in Silicon Valley are rarely built within the boundaries of a single firm; rather, they are defined by the ability of an individual or a team to define new markets, technologies, products, and applications. As one local semiconductor executive reportedly noted: “Many of us wake up in the morning thinking that we work for Silicon Valley, Inc.”
Prometheus Stretches: Building Identity and Cumulative Knowledge in Multiemployer Careers
Authors: Baker Ted , Aldrich Howard E
Published: November 2023

In American society, work is an important context for the expression and further development of both identity and knowledge. The temporal organization is embedded in peoples’ work histories, which are generically labeled “careers” (Arthur, 1994: 297), and in this chapter, we use concepts from the life-course perspective to examine recent historical changes in career patterns. The life-course perspective has developed among a variety of social and behavioral sciences during the 1980s and 1990s, and “refers to the social patterning of events and roles over the life-span, a process ever subject to the interaction of individual behavior with a changing society” (Elder and Caspi, 1990). This perspective directs our attention to historical influences that affect processes of identity formation and expression within careers, and to how knowledge is accumulated and put to use.
Occupations, Organizations, and Boundaryless Careers
Authors: Tolbert Pamela S
Published: November 2023

It does not take a particularly perspicacious observer to note that industrial societies are characterized by a wide variety of work careers-careers that are linked to very different types of labor markets and employment relationships. These differences are denoted in contemporary research by an array of terms and associated acronyms-firm internal labor markets (FILMs), occupational labor markets (OLMs), secondary labor markets (SLMS), and so forth (see Althauser and Kalleberg 1981). Although such conceptual distinctions clearly imply variations in career patterns, the notion of career, nonetheless, has come to be strongly associated with a particular employment relationship-a relationship characterized by long-term employment with a single employer, and involving movement through a series of interconnected, and increasingly prestigious and powerful jobs arranged within a hierarchy.
From Sound To Synapse
Authors: Geisler C Daniel
Published: November 2023

This book describes the major steps by which the mammalian ear transforms sound into nerve impulses. The author leads us along the pathway followed by an acoustic signal--collected by the outer ear, augmented by the middle ear, then delivered to the inner ear where the minuscule vibrations of the sound waves are transformed into nerve impulses. At each stage, the basic mechanisms are described qualitatively in terms of current theories and illustrated with experimental data. Where appropriate, related mechanisms in the ears of other vertebrates are considered. It is shown that the mammalian ear does an exquisite job of translating sound signals into a very robust nerve-pulse code. The book concludes with descriptions of some common ear impairments and a brief survey of the treatments available for them. The text is integrated with animations of mechanical and neural phenomena available through the Internet.
A Positive Rate of Interest?
Authors: Mandler Michael
Published: November 2023

Economists were once obligated to explain why the rate of interest or profit is normally positive. The flow of net income to owners of capital was too analytically and socially prominent for classical and early neoclassical theorists to ignore. The postwar theory of value diverges from the traditional pattern; although economists continue to assume that interest rates are positive, theorists no longer actively investigate the underlying causes. Nor does postwar theory implicitly contain a convincing explanation. Partial accounts have surfaced as the by-product of other research programs, but as we will see, a satisfactory account of positive interest cannot be extracted from contemporary work.
The Structural Impediments to Legality
Authors: Francis A Allen
Published: November 2023

A political society governed by the rule of law is one in which exercises of public authority are guided by articulate legal norms and in which public officers are held to high standards of accountability. No society succeeds in giving full expression to the legality ideal, and departures from it may result from a great number of distinct influences. As discussed in the second chapter, a widespread perception that vital community or personal interests are being threatened by crime, terrorism, international aggression, or other menaces may cause public officers to act beyond the authorizations of existing law or to seek new laws that weaken the officers’ accountability;1 and they do so often with the approval, or even at the insistence, of a democratic majority. We in the United States have been living in such a period for more than a generation. But there are other factors of history, tradition, and institutional structure that may exert more persistent and equally potent influences limiting realization of the legality ideal. It is probably impossible to separate the impacts of history and structure, for they are often inextricably intertwined. The structure of institutions generates habits and traditions, while historical attitudes, in turn, are among the determinants of institutional structure and its subsequent modifications.
Organizational Learning Capability
Authors: Yeung Arthur K , Ulrich David O , Nason Stephen W , Glinow Mary Ann Von
Published: November 2023

Organizational learning matters now more than ever. In today’s hypercompetitive business environment, successful executives must be able to discover opportunities, face problems, and pursue innovative ideas, then turn those ideas into action throughout an organization. Based on both empirical research and practice experience, this book gives managers the tools to do just that. Organizational learning capability is the capacity to generate and generalize ideas with impact. Managers generate new ideas in four basic ways: experimentation, in which organizations learn by trying many new products and processes; continuous improvement, in which they learn by constantly improving what they have done before and mastering each step in a process before moving on to other processes; knowledge acquisition, in which they learn by encouraging individuals and teams to acquire new knowledge continuously; and benchmarking, in which they learn by studying how other groups do things and trying to adapt their techniques. Each learning types leads to different performance consequences. Managers must also be able to generalize information through technology, movement of people, incentives, and learning processes. By both generating and generalizing ideas with impact, managers have a blueprint for making learning happen. Learning may not be sustained, however, unless it is congruent with the larger business context—the organization’s strategy and culture and the industry’s characteristics. Unfortunately, just as organizations develop learning capabilities, they also suffer from certain learning disabilities. This book outlines common disabilities and the means to overcome them. The authors assist practicing managers by providing several examples of successful and unsuccessful organizations and describing the ways in which they have helped organizations improve learning capability in their consulting practices. Based on detailed case studies, a review of past literature, and data gleaned from a worldwide survey of companies, Organizational Learning Capability is an accessible and useful guide for managers competing in the information economy. This book turns abstract ideas into practice, offers tools that managers can use, and presents a simple yet profound road map for making learning a reality.
American Slavery in History and Memory
Authors: Berlin Ira
Published: November 2023

The ratification of the Thirteenth Amendment to the Constitution in December 1865 abolished slavery in the United States. In the years that followed, Southern planters and their allies proved extraordinarily resourceful in inventing new forms of labor extraction and racial oppression, but—try as they might—they could not reinstate chattel bondage. Yet, almost a century and a half later, the question of slavery again roils the water of American life. Indeed, the last years of the twentieth and the first years of the twenty-first centuries have witnessed an extraordinary popular engagement with slavery. Slavery has a greater presence in American life now than at any time since the Civil War ended.
Italian Negative Infinitival Imperatives and Clitic Climbing
Authors: Kayne Richard S
Published: November 2023

This use of the infinitive is notable in several ways. First, there is the very fact that an infinitive is used in a root construction; second, the fact that it is limited to the negative imperative (i.e., the positive imperative corresponding to (1) would not have the infinitive). Third, and perhaps most striking, is the fact that clitics can precede the infinitive in this construction, although elsewhere in Italian, clitics invariably follow the infinitives they are associated with. An example with an ordinary infinitive would be: (2) Gianni ha deciso di farlo. (‘G has decided di to-do it’) (3) *Gianni ha deciso di lo fare.
Agreement and Verb Morphology in Three Varieties of English
Authors: Kayne Richard S
Published: November 2023

If one takes you to always be grammatically plural, somewhat as French vous (cf. (3) (5)), despite sometimes referring to a singular, then, if one takes I to be nonsingular (there is clearly nothing that I is a true singular of), English -s can be considered to be a pure indication of number (+singular), rather than involving person in any way.
Possessiven Constructions and Linguistic-Economics
Authors: Puckett Anita
Published: November 2023

socjoeconomies require culturally based expressions of ownership, control, or possession of valued entities, whether by individuals, corporations, supernatural powers, or some other cultural category, in order to direct the ebb and flow of resources within a cultural arena. As studies in nonmonetary exchange have demonstrated, any given set of cultural practices will emphasize one or several of these types of possession over the full range of possibilities. Recent anthropological scholarship in exchange systems details clear linkages between culturally constructed concepts of ownership and patterns in the distribution of resources.
Nonrequesting Uses of Imperatives
Authors: Puckett Anita
Published: November 2023

pivotal to all of ash creek requesting discourse is a system of acceptable uses of imperatives, or other unambiguous directives having imperative functions, to demand compliance of listeners. Except under certain very specific and highly restricted contextual constraints, Ash Creek residents will recognize such imperative forms as “orders.” “Orders” are a speaker’s blatant assertions of control over another individual and are invariably interpreted negatively—with sometimes highly negative responses involving violence. Residents have well-developed metapragmatic discourse about the use of “orders,” which, in turn, constructs a well-developed ideology of “order” language. At the same time, Ash Creek English does not exclude the imperative mood from its grammar. Imperative constructions can be, under certain contextual constraints, very common. This chapter explores the usage patterns that lead to this apparent contradiction as they relate to the reproduction or transformation of the community socioeconomy. It first discusses formal constraints on nor-mative imperative syntax and then considers non-requesting uses of “orders” in reported speech and oral narratives.
Conclusion
Authors: Puckett Anita
Published: November 2023

this book began with anecdotes about contestative labor interactions in Ash Creek. I suggested that these highly negative responses from laborers were located not in the pathology of the person but in the meanings of the communication constructing the socioeconomic interaction. I can now claim that a significant cause of the conflict lay in the ways in which the imperatives contextualized the various communicative events for the different participants. Ash Creek residents understood the imperatives as “orders” and responded to them in a manner consistent with the Ash Creek patterns of responding to “orders.” The effects of the misunderstandings were personal, deeply personal. But the source of the problem was in the different ways the interlocutors interpreted what they heard, not because of abnormal personalities. These processes of interpretation are constructed in the daily interactions of residents in relation to the material world. As a result of this social construction of meanings, they are complex, socially constituted signs and therefore within the cultural realm.
The Double Standard
Authors: Yarbrough Tinsley E
Published: November 2023

The Old Court’s impact on American law and the nation’s social, economic, and political fabric is familiar to all students of constitutional politics. Imbued with the “survival of the fittest” tenets of Social Darwinism, a shifting majority of justices who served on the Supreme Court from the late 1880s to the late 1930s imposed a laissez-faire economic theory on the Constitution’s text, converting its provisions into potent weapons against both federal and state controls over economic interests and the excesses of the Industrial Revolution.
The Economics of Property Law
Authors: Miceli Thomas J
Published: November 2023

Property is perhaps the most fundamental area of the common law. It is also basic to economics in that property rights are essential for exchange. In this chapter and the next, I develop an economic analysis of property law. This chapter focuses on the legal protection of property rights, the transfer of property rights between private individuals (both voluntary and involuntary), and the law with regard to incompatible property rights (or externalities).

I begin the analysis with the fundamental distinction between property rules and liability rules, which forms the basis for much of the economic analysis of property. The key to the distinction is the interaction between consent as the basis for mutually beneficial exchange and the transaction costs associated with obtaining consent. Consensual exchange is governed by property rules, and non consensual exchange is governed by liability rules. Thus, property rules ensure that exchanges are Pareto-efficient (i.e., both parties are made at least as well off), but if transaction costs are high, they may preclude some efficient exchanges from being completed. In that case, liability rules can facilitate exchange by removing the requirement of consent and replacing it with a coerced exchange according to terms set by the court.
Government Taking and Regulation of Private Property
Authors: Miceli Thomas J
Published: November 2023

This chapter examines government acqms1t10n and regulation of private property. Unlike private individuals, who must bargain with owners when they wish to acquire property, the government can acquire private property for public use without the owner’s consent, provided that it pays just compensation. Thus, private property owners have only liability-rule protection of their property vis-à-vis the government. The first part of this chapter is an economic analysis of government takings of this sort. It examines the economic justification for the government’s power of eminent domain, the meaning of just compensation, and the implications of eminent domain for the land-development decisions of property owners.

In contrast to physical acquisitions or intrusions, government regulation of private property generally does not require compensation. Instead, it is viewed as a legitimate exercise of the government’s police power. There is a longstanding question, however, about whether or when a regulation ever becomes so burdensome to a property owner as to require compensation under the takings clause. Regulations that cross this threshold are referred to as regulatory takings. In the second part of this chapter I develop an economic framework for determining where this threshold should be. I then employ the framework to discuss several related topics, such as whether investment-backed expectations are necessary for compensation to be paid, whether capitalization of the threat of regulation into land prices renders the compensation question irrelevant, and what the impact of compensation is on the timing of development.
Liberal Legal Community
Authors: Duff R A
Published: November 2023

A normative theory of punishment must include a conception of crime as that which is to be punished. Such a conception of crime presupposes a conception of the criminal law—of its proper aims and content, of its claims on the citizen. Such a conception of the criminal law presupposes a conception of the state—of its proper role and functions, of its relation to its citizens. Such a conception of the state must also include a conception of society and of the relation between state and society.
Nonmessenger Targets for Drug Action I Endogenous cellular structures
Authors: Weaver Thomas Nogrady Donald F
Published: November 2023

The goal of medicinal chemistry is to discover and develop novel chemical compounds (new chemical entities) that will influence the function of the host organism in some beneficial manner. As discussed in chapters 4–6, the most obvious approach is either to mimic or to block endogenous messengers used by the organism itself to control its own biochemistry. These endogenous messengers may be neurotransmitters, hormones, or immunomodulators working at the electrical, molecular, or cellular level, respectively. However, not all pathologies afflicting the human organism can be addressed by manipulating these messengers. Accordingly, it becomes necessary to target other cellular components (this chapter) and/or endogenous macromolecules (chapter 8) that are not normally directly controlled through binding to endogenous messengers. To identify such cellular targets for drug design requires an appreciation of cellular structure. The study of microscopic cellular structure is termed cytology. Cytology should be distinguished from histology (the microscopic study of tissues; i.e., functional aggregates of similar cells, such as neural tissue) and gross anatomy (the study of organs and body parts, such as the brain).
‘Deaf Identity, Lesbian Identity: Intersections in a Life Narrative
Authors: Neumann Tina M
Published: November 2023

Two questions arise in the study of queer language, especially as concerns Deaf lesbian and gay language. How is identity constructed for a Deaf person and for a lesbian? What role do culture and community play within that identity construction? When studying Deaf1 lesbian language, I emphasize the need for under­ standing and defining Deaf culture and lesbian culture as two research considerations, as well as understanding where these cultures and perhaps others intersect within the framework of life stories or coming-out narratives. There is a scarcity of study in American Sign Language related to gay and lesbian languages. To my knowledge, no discourse-level analysis of Deaflesbian and gay language or culture has been published. This research is being done but has not yet reached a wider audience.
“Go Suck Your Husband ‘s Sugarcane!”: Hijras and the Use of Sexual Insult
Authors: Hall Kira
Published: November 2023

And always, licensed and provocative, hanging around the stalls, like a decayed reminder of Lucknow ‘s past, were the transvestites and eunuchs of the ghetto, in women ‘s clothes and with cheap jewelry, making lewd jokes and begging: the darkness of the sexual urge finding this ritual, semi-grotesque, safe public expression. Marginalized both socially and spatially, the hijras have created an elaborate network that spans all of India, establishing a divergent social space that both parallels and opposes organizations of gender in the dichotomous system that excludes them. Discussed variously in the anthropological literature as “transvestites; ‘ “eunuchs; ‘ “hermaphrodites; ‘ and even “a third sex; ‘ most of lndia ‘s hijras were raised as boys before taking up residence in one of the many hijra communities that exist in almost every region of India. In addition to appropriating feminine dress and mannerisms, many hijras take male partners and choose to undergo a ritualized castration and penectomy operation. Although relatively untouched by police jurisdiction, hijras across the country have divided them­ selves according to municipal police divisions, in accordance with the demarcation of districts in mainstream society. They elect their own council of elders to settle group disputes, referred to as panciiyats, who rule over a select group of hijra communities within a particular region.
The American Corporation as an Employer:Past, Present, and Future Possibilities
Authors: Kochan Thomas A
Published: November 2023

Much speculation has appeared in recent years on the nature of the corporation of the twenty-first century. Visions abound of networked firms, virtual organizations, flat and flexible structures, and global operations that transcend national boundaries. Missing from many of these analyses is a well-grounded understanding of the role of the corporation as an employer and manager of human resources. Yet how firms treat those who work for them will have important effects on the viability of the organizational forms envisioned for the corporation of the future.
The Behavioral State System
Authors: Swanson Larry W
Published: November 2023

If you are like most people, you spend about a third of your time asleep, and while you may not have stopped to think about it, sleep and wakefulness are obviously two entirely different behavioral and mental states. When you are asleep, gentle sensory information doesn’t seem to “get in” and your muscles are relaxed—essentially there is no overt behavior, except for breathing and rolling over now and then. No one has come up with a convincing explanation for why we sleep, but there must be one because it has such a long evolutionary history: alternating periods of sleep-like behavior and wakefulness are found in all vertebrates and have even been detected in many invertebrates such as mollusks and insects.
The Cognitive System
Authors: Swanson Larry W
Published: November 2023

The cerebral cortex is the crowning glory of evolution. It is the part of the nervous system that is responsible for thinking. Quadriplegics, who tragically have had their spinal cord disconnected from their brain, can think just fine, and so can people who have been born without a cerebellum. But extensive damage to the cerebral cortex profoundly interferes with cognition. The cerebral cortex is the organ of thought. Can the organ of thought ever understand itself? Will we ever understand the physical basis of thought? Can we ever discover the fundamental organizing principles of cerebral cortex circuitry? What is the biology of consciousness? If nothing else—how far have we come in our attempts to understand the brain substrates of thinking?
Eloquence in Trouble
Authors: Wilce James M
Published: November 2023

Eloquence in Trouble captures the articulation of several troubled lives in Bangladesh as well as the threats to the very genres of their expression, lament in particular. The first ethnography of one of the most spoken mother tongues on earth, Bangla, this study represents a new approach to troubles talk, combining the rigor of discourse analysis with the interpretive depth of psychological anthropology. Its careful transcriptions of Bangladeshi troubles talk will disturb some readers and move others--beyond past academic discussion of personhood in South Asia.
Troubling Ourselves With Bangla Troubles Talk
Authors: Wilce James M
Published: November 2023

“Man invented language to satisfy his deep need to complain,” or so says comedienne Lily Tomlin (quoted in Pinker 1994: 32; emphasis added). An effective study of troubles telling is one contribution that linguistic anthropology should make toward theorizing medicine and the social organization of power, emotion, and troubles-management strategies, which include “medicine,” broadly construed. How are the realities and ideologies of power and of person - hood constructed when Bangladeshi people tell troubles? This book seeks to answer that question and, in doing so, uniquely yokes linguistic and medical anthropology in the service of ethnography. It is a book about small linguistic acts of resistance in Bangladesh. It deals with the telling of troubles, with local perceptions of the troubles-in-the-telling process (communicative competence), and with my perception that many speech genres-which not only carry personal signs of grief, but also potentially serve as hidden transcripts of social protest-are themselves in trouble, or at least make trouble for the teller. Much of the troubles talk reflected herein represents resistance to the forces that structure the lives of the women and men who are speaking. Acts of resistance are often political, but some of the actors described here are better described as resisting illness, trouble, and death. As Byron Good reminds us, there is another sense of resistance in illness narratives and other forms of troubles talk: They tell of ways in which reality resists us as we experience and confront illness, disease, and injustice as “brute facts” in the world (1994: 177).
Interacting With Practitioners
Authors: Wilce James M
Published: November 2023

Until this point, I have privileged patients’ perspectives. Now I must devote some attention to practitioners, their work, and their styles, not only to clarify various Matlab models of the medical interview but also to guard against the tendency to problematize only patients’ words and leave unexamined the acts of practitioners. I begin with a domestic scene and shift to institutional settings such as bazaar pharmacies. Changes in the participant structure of complaint interactions accompany such shifts; since public space is men’s space, men speak for women at pharmacies.
Spectacular Politics
Authors: Truesdell Matthew
Published: November 2023

Drawing on newspapers, archival sources, and memoirs, Spectacular Politics shows how, as President of the Second Republic and then as Emperor Napoleon III, Louis-Napoleon Bonaparte used public speech and spectacle to dazzle and seduce the French population, helping to pioneer the modern techniques of image politics and the manipulation of a mass electorate. Elected President of the Second Republic in 1848, the year of the inception of universal male suffrage, this nephew of Napoleon I overthrew that Republic in 1851 to establish himself as Emperor Napoleon III, a title he kept for almost twenty years. During this period, Louis-Napoleon used events as diverse as the annual national holiday on the birthday of Napoleon I, the glitzy inaugurations of Paris’s new streets, the universal expositions, and the many military reviews of the time to stage elaborate public celebrations. Author Matthew Truesdell shows how these events were more than just festive amusements, but were in fact some of Louis-Napoleon’s key tools in the projection before a mass audience of powerful images that allowed him to present himself as the incarnation of the national will and the ideal leader for the age. His ability to package his ideas in short, appealing verbal slogans made him one of the most successful political orators in French history. He had a knack for coming up with the felicitous phrase, the emotionally engaging slogan that summed up his policy in simple terms and was infinitely repeated in newspapers, speeches, songs, and poems, in the “soundbite” style that dominates politics today. But this study also goes beyond the story of Louis-Napoleon’s attempts to manipulate public opinion to examine how his political opponents--especially the republicans--used similar techniques in their ultimately successful effort to supplant his regime. Spectacular Politics makes a significant contribution to the larger history of the discovery of image and spectacle as tools of political manipulation. It will be of interest to scholars of modern French history, modern Europe, and the history of politics.