bluuebunny/crossref_metadata_2025 huggingface dataset:
The Archaeological Analysis of Plantation Society: Replacing Status and Caste with Economics and Power
Authors: Orser Charles E.
Published: April 2006

In recent investigations of plantation society, Otto and Moore use a model that incorporates status and caste. I argue that these concepts are too vague for plantation studies and must be replaced with a more relevant formulation that includes economics and power. A reconsideration of the data presented by Moore indicates that these last concepts have greater strength in the archaeological analysis of plantation society.
The Role of Shellfish in Prehistoric Economies: A Protein Perspective
Authors: Erlandson Jon M.
Published: April 2006

In many prehistoric economies where plant foods supplied a majority of caloric requirements, shellfish may have served as a protein staple, at least on a seasonal basis. This hypothesis is supported with an archaeological example from coastal California, experimental data on shellfish protein yields in southeast Alaska, and review of two previous studies of the economics of shellfish exploitation (Osborn 1977; Parmalee and Klippel 1974). Evaluating the dietary role of shellfish from a protein perspective may have a profound effect on the reconstruction of settlement and subsistence strategies for coastal, riverine, or lacustrine economies, including both hunter-gatherers and agriculturalists.
The “What” and “Why” of Public Relations for Archaeology: A Postscript to Decicco’s Public Relations Primer
Authors: Potter Parker B.
Published: April 2006

Gabriel DeCicco's public relations primer, commissioned by the Public Relations Committee of the Society for American Archaeology and published in American Antiquity, is a useful and comprehensive discussion with a serious limitation. DeCicco's (1988) article is a very good technical guide to generating newspaper-based public relations, but it contains only scant consideration of the fundamental questions of what to say, and why to use public relations. In this postscript to DeCicco's primer, I discuss the importance of recognizing these two questions and articulating responses to them.
The Use of Indentation Testing to Obtain Precise Hardness Measurements from Prehistoric Pottery
Authors: Simon Arleyn W. , Coghlan William A.
Published: April 2006

Archaeologists have sought to assess prehistoric pottery production by using hardness as an indicator of the relation between ceramic materials and firing temperature. Yet hardness testing commonly has been limited to a scratch test, which is imprecise and lacks the precision necessary to investigate these relations. Recent research has developed the application of indentation hardness testing for prehistoric ceramics. A sample of low-fired plainware pottery from the Shoofly Village Ruin in Arizona was used as a test case. Results indicate the technique produces continuous scale measurements which are precise and useful for the investigation of intraassemblage variations. The method overcomes many limitations of the traditional scratch test and may be used for either prehistoric or experimental ceramic samples. Indentation hardness testing provides the precision needed to more fully examine the complex relations between hardness and other ceramic attributes.
The Political Economy of Prehispanic Tarascan Metallurgy
Authors: Pollard Helen Perlstein
Published: April 2006

Tarascan metallurgy was not only a complex technology, but a significant marker of elite social status and a major source of wealth for the ruling dynasty. Reanalysis of ethnohistoric material, when coupled with new cartographic and archaeological data, provides insight into the structure and role of copper, silver, and gold production in the Protohistoric Tarascan State. The increasing political centralization of the Tarascan State in the last century before European contact resulted in the emergence of new forms of exploitation of mineral resources, tempered by the technological and transport constraints of a prehispanic civilization.
Metallic Powder as an Aid to Stone Tool Photography
Authors: Callahan Errett
Published: April 2006

The use of dry metallic powder is suggested as a means of enhancing photography of obsidian or glassy stone tools.
A Comment on the Breeding and Herding of Llamas and Alpacas on the North Coast of Peru
Authors: Topic Theresa Lange , McGreevy Thomas H. , Topic John R.
Published: April 2006

In presenting a case for the viability of llamas on the desert coast of northern Peru in prehispanic times, Shimada and Shimada (1985) suggest that alpacas might also have been adapted to the coastal environment. Alpacas are primarily wool producers however, best adapted to the high altitude pasturelands of central and southern Peru. Wool yarn used in coastal textiles, it is argued, was imported from the highlands. While coastal llama herding is an aspect of regional self-sufficiency, alpaca wool yarn was important in the long distance exchange networks which, in later Andean prehistory, distributed rare materials and products for elite consumption.
Prehistoric Diet and Parasitic Infection in Tennessee: Evidence from the Analysis of Desiccated Human Paleofeces
Authors: Faulkner Charles T.
Published: April 2006

Eight desiccated human feces recovered from Big Bone Cave (40VB103) were analyzed for dietary contents and evidence of endoparasitic infection. Radiocarbon-dated materials from the cave indicated that it was a locus of human activity 2220 ± 135 years ago. The dietary contents were primarily composed of three domesticated plant species:Iva annua, Chenopodium berlandierissp.jonesianum, andHelianthus annuus. Endoparasitic species infecting the population using the cave were:Enterobius vermicularis, Ascaris lumbricoides, Giardia intestinalis, and a species tentatively identified to the superfamily Ancylostomoidea. The evidence of endoparasitic infection preserved in the Big Bone Cave paleofecal sample is the most complete record available for Eastern North America. This information is a new contribution to understanding the relative health status and living conditions of the emergent horticultural societies of prehistoric Eastern North America.
The Calumet Ceremony in the Southeast and
Its Archaeological Manifestations
Authors: Brown Ian W.
Published: April 2006

An extremely important institution among
the Indians of the Southeast in the historic
period, the calumet ceremony was first recognized
by French adventurers in the Upper Mississippi
Valley and Great Lakes region in the
mid-seventeenth century. By the end of the century
the ceremony was universal among Lower Mississippi
Valley groups. A major focus of calumet literature
in recent years has been on the timing of and the
mechanism for the introduction of this ceremony in
the Eastern Woodlands. Some have argued for
prehistoric roots, while others have supported a
historic development. A study of the
spatiotemporal distribution of catlinite pipes is
one way to address these issues, because such
pipes are the principal archaeological expression
of the ceremony. This paper focuses on the two
most common catlinite pipe forms: disk pipes and
elbow pipes. Overall, both forms are rare in the
Southeast, but relatively they are widespread. The
disk type has the greatest range and is also the
earlier of the two forms, primarily being found
during the protohistoric period. It is proposed
here, however, that calumet introduction was
coincident with the elbow catlinite form that
first appeared in the Southeast in the mid-to-late
seventeenth century. It is believed that calumet
ceremonialism was spreading into the southern
portion of the Lower Mississippi Valley at about
the same time as the first French explorers were
entering the area from the north.
Shovel-Test Sampling in Archaeological
Survey: Comments on Nance and Ball, and
Lightfoot
Authors: Shott Michael J.
Published: April 2006

Shovel-test sampling is the most common
site-discovery technique used in vegetated areas,
but its effectiveness is questionable. Recent
papers in American Antiquity by Nance and Ball and
by Lightfoot discuss the technique at length. The
papers are welcome additions to the literature,
but both contain deficiences that require comment
and clarification.
Application of Allometry to Zooarchaeology
Authors: Reitz Elizabeth J. , Quitmyer Irvy R. , Hale H. Stephen , Scudder Sylvia J. , Wing Elizabeth S.
Published: April 2006

Zooarchaeologists have used several methods to assess the relative dietary contribution of species found at archaeological sites. The most common methods are either based upon the assumption that bone weight is a fixed percentage of total body weight, or require estimating an "average" body size for identified taxa. In fact, the relationship between parameters of bone and body mass is generally allometric and can be described by linear regression. Use of allometric models places original body mass predictions on a more sound biological basis and makes calculations of "average" weight unnecessary. The potential of allometry is discussed and objections addressed with the goal of encouraging others to develop allometric formulae and to use them in their research.
The Siphon Technique: An Addition to the Flotation Process
Authors: Gumerman George , Umemoto Bruce S.
Published: April 2006

To enhance the recovery of dense, nonfloating botanical remains, we used a siphon subsequent to the normal flotation process. The siphon vacuums the heavy fraction of a flotation sample and retrieves most of the non-floating botanical material. Experiments show an improvement averaging 9.9% and 11.3% by count and weight, respectively, for the recovery of high-density botanical remains using the siphon technique.
Concepts of Time and Approaches to Analogical Reasoning in Historical Perspective
Authors: Stahl Ann Brower
Published: April 2006

Analogy is fundamentally important to archaeological inquiry, yet archaeologists remain profoundly ambivalent about its use. In this paper I address issues of how we develop and subsequently apply analogical models. Selecting an analogue requires that we have some implicit or explicit sense of its relevance to the case at hand. In the past, archaeologists often assumed that principles of relevance implied extensive similarities between the ethnographic and archaeological contexts and diverted attention away from the need to compare the analogical model with the archaeological context. In the first part of the paper, which is historically oriented, I examine the role that concepts of time (e.g., stone age, traditional, modern) have played in selecting relevant analogues. Fabian's critique of how anthropologists have used time to distance contemporary peoples guides this inquiry. In the remainder of the paper I explore the implications of recent historical-anthropological studies that document tremendous changes that resulted from European contact; this literature challenges archaeologists to develop more critical approaches to the use of so-called traditional societies as analogical models. In the final sections of the paper I explore the need for enhanced source-side criticism in developing relevant analogues, and advocate a comparative approach to the application of analogical models.
A Second-Terrace Perspective on Monks Mound
Authors: Collins James M. , Chalfant Michael L.
Published: April 2006

Monks Mound is a premier example of monumental architecture occupying the center of Cahokia, the largest prehistoric Indian site north of Mexico. A massive slump on the so-called "second terrace" of the mound prompted geoarchaeological testing resulting in new data concerning the age and function of this enigmatic structure. These data support theory suggesting that construction of monumental architecture is most likely to occur early in the development of complex societies, in this case the Cahokia polity. It is concluded that Monks Mound was a purposeful political tool for the manipulation of mass psychology.
Geoarchaeology of the Midland (Paleoindian) Site, Texas
Authors: Holliday Vance T. , Meltzer David J.
Published: April 2006

In 1953 human remains and a new type of Paleoindian artifact were discovered eroding from a "blowout" in a small dune field along Monahans Draw, near Midland, Texas, on the Southern High Plains. The projectile points became the type “Midland” collection. Stratigraphy, radiometric dating, paleontology, and geochemistry suggested that the artifacts and bones dated to at least 10,000 B.P. and that the human remains were possibly as old as 20,000 B.P. The researchers believed that the human bones were from below a red sand that in turn was below a Folsom occupation. The dating of the human remains has long been problematic, however, and recent attempts to apply U-series dating further confuse the story. Geoarchaeological investigations were carried out at the site from 1989 to 1992 to reevaluate the geochronology, with particular reference to the age of the skeletal material. We reach several conclusions: (1) there are two Red Sands; (2) the human remains are from below the upper Red Sand, but the Folsom material is from above the lower Red Sand and, therefore, the Red Sand stratigraphy is not relevant to the age of the human remains; (3) the human remains were associated with the valley-margin facies of a lacustrine carbonate that is well dated in the region and rarely is > 10,000 B.P.; and (4) all numerical dating methods applied at the site produced unreliable results. We find no compelling evidence that the human remains from the Midland site are older than Folsom age; they may be contemporary with or younger than the Folsom occupation.
Earthquake-Induced Subsidence and Burial of Late Holocene Archaeological Sites, Northern Oregon Coast
Authors: Minor Rick , Grant Wendy C.
Published: April 2006

Fire hearths associated with prehistoric Native American occupation lie within the youngest buried lowland soil of the estuaries along the Salmon and Nehalem rivers on the northern Oregon coast. This buried soil is the result of sudden subsidence induced by a great earthquake about 300 years ago along the Cascadia subduction zone, which extends offshore along the North Pacific Coast from Vancouver Island to northern California. The earthquake 300 years ago was the latest in a series of subsidence events along the Cascadia subduction zone over the last several thousand years. Over the long term, subsidence and burial of prehistoric settlements as a result of Cascadia subduction zone earthquakes have almost certainly been an important factor contributing to the limited time depth of the archaeological record along this section of the North Pacific Coast.
Emil W. Haury and the Definition of Southwestern Archaeology
Authors: Thompson Raymond H.
Published: April 2006

Emil Walter Haury (1904–1992) played a key role in the definition of southwestern archaeology. Raised in a Mennonite academic community in Kansas and educated at Bethel College, the University of Arizona, and Harvard University, Haury participated in the development of dendrochronology and gained extensive archaeological field experience with Byron Cummings and Harold Gladwin. Inspired by A. V. Kidder, he contributed greatly to our knowledge of Clovis, Archaic, Mogollon, and Hohokam. His definition of southwestern archaeology continues to be the foundation for the study of prehistory in the Southwest.
Vermilion Lakes Site: Adaptations and Environments in the Canadian Rockies during the Latest Pleistocene and Early Holocene
Authors: Fedje Daryl W. , White James M. , Wilson Michael C. , Nelson D. Erle , Vogel John S. , Southon John R.
Published: April 2006

The Vermilion Lakes site in Banff National Park, Alberta, has yielded cultural remains suggesting a possible sheep-hunting focus during the Paleoindian period and providing evidence for windbreaks or shelters dating as early as 10,300 B.P. Debris flows at this site have separated and preserved six or more cultural components dating between the mid-eleventh and mid-tenth millennia before present. Paleoenvironmental evidence suggests that most of these components date to a period of severe climate. Accelerator and conventional carbon dating of these strata suggest that, for at least part of this time, the detail of the temporal sequence is beyond the resolution of these techniques. Apparent14C inversions can best be explained by14C plateaus during key periods of the site's occupation.
On “Capturing Facts Alive in the past” (Or Present): Response to Fotiadis and to Little
Authors: Wylie Alison
Published: April 2006

Michael Fotiadis (1994) and Barbara Little (1994) both question the oppositions that structure current debate about the “objectivity” of archaeological science; they raise concerns about my own proposal for a “mitigated objectivism” where it reaffirms these oppositions. I welcome their discussion and offer three responses to clarify and situate my own position. Most valuable, they identify several lines of inquiry that should be pursued beyond the philosophical analyses I have developed, in this instance of gender research.
Applying Photogrammetric Mapping: A Case Study from Northern New Mexico
Authors: Creamer Winifred , Haas Jonathan , Mann Thomas
Published: April 2006

Photogrammetric mapping, the creation of detailed maps from aerial photographs, offers advantages to archaeologists that have not been fully utilized in recent years. Photogrammetry provides an efficient and cost-effective way to map extensive, complex sites. Common field problems such as obsolete equipment, unskilled staff, limited field time, and inhospitable field conditions are reduced accordingly. The usefulness of photogrammetry is demonstrated through work at the site of Pueblo Blanco, New Mexico, occupied ca. A.D. 1370-1525. A photogrammetric map was used to calculate total site size and the number of stories in each block of rooms. Further, the map supports an ongoing effort to stabilize the site and monitor the locality for looting and serves as a planning document for management of future uses.
L'Alliance Cathartique
Authors: Griaule M.
Published: April 2006

Opening Paragraph

On a donné le nom de ‘parenté a plaisanterie’ à des institutions et manifestations diverses qui ne sont peut-être pas de même nature ou dont la nature commune, en tous cas, n'a pas été saisie. On s'est fié à l'apparence. Ou plutôt on à donné de l'importance à un facteur apparent, la plaisanterie injurieuse, qui se retrouve dans des occasions nombreuses et sans rapports les unes avec les autres. La parole, qu'elle soit injurieuse ou flatteuse, bénéfique ou maléfique, est certes avant tout porteuse de force vitale; elle a dans toutes ses applications la qualité constante d'être le verbe. Elle permet ainsi les emplois les plus différents qui, pour autant, ne sont pas obligatoirement classables dans la même série. En tous cas retenir l'aspect ‘plaisanterie’ de plusieurs phénomènes risque de lier les choses les plus hétéroclites. Une cloche sonne le glas et les mariages. II ne viendrait à l'idée de personne de prétendre que les funérailles et les noces se rencontrent dans une série dite ‘cérémonies à cloches‘.
Rain-Shrines of the Plateau Tonga of Northern Rhodesia
Authors: Colson E.
Published: April 2006

Opening Paragraph

This is a preliminary report on the social and political significance of the rainshrines as an integrating force in Tonga society. In a sense it is a misnomer to refer to them as rain-shrines, for they are also appealed to on any occasion of general community disaster, such as epidemics or cattle plagues, but to the Tonga themselves the dominant aspect of the shrines is their efficacy in ensuring the proper rainfall.
Nuer Marriage Ceremonies
Authors: Evans-Pritchard E. E.
Published: April 2006

Marriage among the Nuer is brought about by payment of bridewealth and by the performance of certain ceremonial rites. The rites cannot take place without the payments, but transfers of cattle do not by themselves bring about the union. Both are necessary and they proceed in a connected movement towards the full establishment of the union. Each enforces and reinforces the other. The bride's people can, by holding up the rites, put pressure on the bridegroom's people to make the payments due to them, and the bridegroom's people can, by withholding the cattle, induce the girl's family and kin to advance the ceremonies. First one pedal is pressed down and then the other as the marriage is propelled to its appointed end, the birth of children and the sharing of a home. It is undertsood that payments should have reached a certain point before a certain rite is held, and the performance of the rite is a recognition of the transfer of cattle up to that point. Payments of cattle and marriage rites therefore tend to alternate, though there is no fixity about the alternation and no marriage is exactly the same as another in this respect. The new social ties of conjugality and affinity are made stronger by each payment and by each ceremony, so that a marriage which is insecure at the beginning of the negotiations becomes surer with every new payment and rite; both sides, by the giving and receiving of cattle and by joint participation in the rites, becoming more deeply committed to bringing about the union. Therefore a marriage which has reached the final rites may be regarded as a stable union and will generally prove to be so.
Witchcraft and Colonial Legislation
Authors: Roberts C. Clifton
Published: April 2006

Opening Paragraph

The object of this paper is to provide an answer to two questions:

(i) Is the colonial legislation on witchcraft (with special reference to Kenya Colony) satisfactory? and

(ii) If any alteration is desirable, what form should this take, and why?

The Kenya Colony Witchcraft Ordinance No. 23/1925 imposes the penalty of imprisonment for periods up to 10 years for various offences and fines up to 1,000 s. with or without imprisonment (Secs. 2-8). Deportation (Sec.9) can be ordered by a District Commissioner. Under Section 11 the liability to the death penalty where murder has been committed by witchcraft is unimpaired.
The Chinese Struggle for Civil Rights in 19th-century America: The Unusual Case of Baldwin v. Franks
Authors: McClain Charles J.
Published: April 2006

In its October term 1882, the United States Supreme Court handed down a decision which aborted federal efforts to deal with anti-black violence in the states of the old Confederacy. At issue in the case of United States v. Harris was the constitutionality of a federal statute, Section 5519 of the Revised Statutes of the United States of 1874, which made it a crime for private persons to conspire to deprive other individuals of the equal protection of the laws. A group of white Tennesseeans had been convicted under the statute for assaulting and badly beating a group of black criminal defendants in the custody of local authorities. The court held that there was no foundation in the Constitution for the federal law and voided it, thus overturning the convictions. The 14th Amendment, the purported basis for the statute, was aimed, according to the court, at state action and did not empower Congress to legislate against purely private conduct. It was the same line of reasoning that would lead the court in its following term, in the celebrated Civil Rights Cases, to declare unconstitutional Section 1 of the Civil Rights Act of 1875, which established civil and criminal penalties for racially motivated interference with anyone's full and equal enjoyment of public accommodations and conveyances.
Relief in the Premises: Divorce as a Woman's Remedy in New York and Indiana, 1815–1870
Authors: Basch Norma
Published: April 2006

When Thomas Jefferson assessed the pros and cons of legalizing divorce before the American Revolution, he came out firmly on the side of divorce. “No partnership,” he declared, in a rationale that prefigured the Declaration of Independence, “can oblige continuance in contradiction to its end and design.” Among the few misgivings he had, however, was the problem of dividing marital assets, and while he was convinced a man could get a wife at any age, he was concerned that a woman beyond a certain age would be unable to find a new partner. Yet he envisioned divorce as a remedy for women. A husband, he noted, had “many ways of rendering his domestic affairs agreeable, by Command or desertion,” whereas a wife was “confined & subject.” That he assessed divorce as a woman's remedy while representing a client intent on blocking a wife's separate maintenance is not without irony. Still, in a world where the repudiation of a spouse was a husband's prerogative, he believed that the freedom to divorce would restore “to women their natural right of equality.”
David Dudley Field and the Field Code: A Historical Analysis of an Earlier Procedural Vision
Authors: Subrin Stephen N.
Published: April 2006

With current procedure under assault, this is a particularly important time to study the procedural rules and thought of David Dudley Field's era. The present espousal of such devices as case management and alternative dispute resolution is both a sign of and a reaction to a procedural regime that is in question and in decline, if not in its death throes. But before embarking on new procedural roads or recommitting ourselves to old paths, we need to reflect upon our procedural ancestry in some detail.
The Evidential Value of Approvers' Appeals: The Case of William Rose, 1389
Authors: Post J.B.
Published: April 2006

The criminals of medieval England are coming under increasing scrutiny. Predictably, the earliest attempts to illustrate criminality in this period have been anecdotal in approach. Predictably, too, the case studies are concentrated at higher levels in society, where criminals or their victims were sufficiently prominent to merit the attention of chroniclers or to leave heavy traces in the more accessible records of central government. Such studies have been useful in reinforcing the impression that organized crime enjoyed distinguished support and participation. For some time Sir John Molyns was able to shelter his persistent offences behind his political connection. Merchants robbed in Cannock Chase in 1341 found prosecution difficult; their assailants were knights from powerful midland families, conducting the robbery from Lapley priory. The Folville gang, led by members of minor landowning families, included various beneficed clergy and the constable of Rockingham castle. The Coterels recruited the sheriff of Nottingham and enjoyed the support of Lichfield chapter. The crimes were also at an exalted level: murdering a baron of the Exchequer, kidnapping a king's bench justice, extortion by threats from a mayor of Nottingham, or from one of the Luttrells. Even William Wawe, an Anglo-Irish thug of indifferent social standing, owes his immortality to the breadth of his operations and his preference for churchmen as victims.
The Faces of Coercion: The Legal Regulation of Labor Conflict in Ontario, 1880–1889
Authors: Tucker Eric
Published: April 2006

Until recently, North American labor law historiography has been dominated by the view that the legal regime regulating trade unions and collective bargaining has passed through three stages of development: repression, toleration, and promotion. This evolutionary narrative served the function of justifying current collective bargaining schemes by showing them to be the progressive realization of political and industrial pluralism. Confidence in the narrative, however, is eroding. In part, this is fuelled by the crisis of the current collective bargaining regime. It no longer appears to be able to deliver the goods. Not coincidentally, critical scholars have also chosen this moment to scrutinize the Whiggish history produced by writers committed to the Wagner Act model and have found it wanting.
Ad Controversiam Reprimendam: Family Groups and Dispute Prevention in Medieval Poland, c. 1200
Authors: Górecki Piotr
Published: April 2006

Shortly after the beginning of his reign in 1201, Duke Henry I the Bearded of Silesia confirmed the past acquisitions of two major Cistercian monasteries in his province—the houses of Lubiąż and Trzebnica—with three long charters in which he described and explained the past transfers of individual holdings to the abbeys, clarified doubts and controversies about them, and added endowment to the estates of each monastery. Both communities were endowed with wealthy areas of settlement and revenue that had prior to the creation of their estates been held under knightly, ducal, and ecclesiastical lordship.
Looking at Holmes in the Mirror
Authors: White G. Edward
Published: April 2006

The ubiquity and endurance of Justice Holmes as a figure of historical interest has begun to rival the prominence of Holmes during his lifetime. It seems that each time the direction of American scholarship takes a new turn, a group of scholars emerges with some ‘fresh’ thoughts on Holmes; it seems that no matter how much Holmes has been dissected or analyzed, he provides commentators with something new to write about. The appearance of a series of scholarly assessments of Holmes in the 1980s provides another example of this phenomenon. In an article published in 1982 I noted that four lectures and symposia had been devoted to Holmes since 1980; in addition, two books devoted entirely to Holmes, another in which Holmes figures prominently, and a series of law review articles on Holmes have appeared in the decade. Once again the scholarly process of generational revisionism has included Holmes. In seeing themselves and their work anew commentators have also seen the image of Holmes in altered form.
Towards an Ideology of the Early English Law of Obligations
Authors: Arnold Morris S.
Published: April 2006

So portentous a title as I have contrived for tonight's lecture ought to come furnished with an appropriately bombastic beginning. In fact, it does not. Instead of concentrating on a beginning, I thought that we might more profitably focus our attention on the beginning, that is, on a time long before the sophisticated legal/administrative system of England's high middle ages had evolved. It will be interesting to get what peeks we can at the jurisprudential assumptions of, say, preconquest Englishmen. As Tom Green has recently demonstrated in his book on the criminal jury, these assumptions could exhibit a durability that had functional consequences for many centuries. If through the jury they could prevail against contrary official versions of what the substantive law was, as Green has shown, how much more potent could they be when the government was not inclined to oppose their effectuation?
The Evolution of Law: The Roman System of Contracts
Authors: Watson Alan
Published: April 2006

I have two aims in producing this paper. First, I wish to contribute to the general understanding of how and why law develops and explain the evolution of some very familiar legal institutions. Second, I wish to add to our knowledge of the history of Roman law, by producing a radically different view of the development of contracts, that is, I believe, both consistent with surviving textual data and plausible with regard to human behavior.
A Profession in the Marketplace: The Distribution of Attorneys in England and Wales 1730-1800
Authors: Aylett Philip
Published: April 2006

The history of the professions in England before 1800 is attracting steadily increasing academic interest. Among the most popular areas for study has been the legal profession, and especially its lower branch, the attorneys. A number of these studies have shown that attorneys played a significant role in provincial and metropolitan society during the eighteenth century. Yet, despite the existence of good and detailed information about the distribution of eighteenth century attorneys, no systematic attempt has yet been made to assess the actual number of practitioners present in England (and Wales) at that period. Using lists from both the early eighteenth century and the very beginning of the nineteenth, this article aims to put that right by sketching the statistical background to the energetic and many-sided activities of the attorney, and especially the country variety. The object is to see something of how one numerous branch of an influential profession responded to the economic and social changes of the eighteenth century.
English Combination Acts Of The Eighteenth Century
Authors: Orth John V.
Published: April 2006

‘United to protect, not combined to injure.’ With these words in 1840 the United Society of Brushmakers, bore witness to a shift in the language of labor organizations. While community of experience and interests was always what held such groups together, there was uncertainty in the first part of the nineteenth century about what to call them. Their name in the statute book, dating back to the early eighteenth century, was ‘combination’. Some workmen proudly adopted the term: ‘by combination we shall succeed’ proclaimed the Amalgamated Society of Journeymen Cloggers. But ‘combination’ suffered by association with the ancient and pejorative word: ‘conspiracy’.
The Country Attorney in Late Eighteenth-Century England: Benjamin Smith of Horbling
Authors: Schmidt Albert J.
Published: April 2006

Three themes crucial to understanding eighteenth-century British history converge when one writes about the country attorney: the professions, which had a remarkable development in Georgian England; the rural practitioner as distinct from his urban, principally London, counterpart about whom much more has been written; and the local economy in which attorneys performed as conveyancers, money lenders, managers of landed properties, copyhold court holders, and clerks—for justices of the peace, at the assizes, on turnpike, enclosure, and drainage commissions, for charities, and for law and order associations. Popular literature notwithstanding, country attorneys were not so often knaves using their skills to cheat unwitting clients as indispensable cogs in the rural economy where they served the interests of the landholding classes.
Inquisition Procedure and Crime in Early Fifteenth-Century Florence
Authors: Stern Laura Ikins
Published: April 2006

The central institutions of the Florentine criminal law system in the early fifteenth century were still the medieval courts of the three foreign rectors, the Podestà, the Captain of the People, and the Executor of the Ordinances of Justice, just as they had been throughout the fourteenth century. Similarly, criminal trials were conducted using inquisition procedure just as they had been from the late thirteenth century. Important changes, however, had taken place and were continuing to take place in the offices of the rectors and in inquisition procedure that greatly enhanced the effectiveness of this system. The fortuitous confluence of a strong state with improvements in inquisition procedure and the court system led to a strongly self-reliant court system that could, for the first time in the early fifteenth century, fully implement inquisition procedure by arresting criminalsin flagranti, initiating cases through public initiation, gathering evidence independently, compelling witnesses, and successfully convicting. Because the political and social atmosphere influenced the effectiveness and the philosophies of prosecution of the criminal law system, a study of this system must include some consideration of political and social influences. Conversely, a study of the judicial system supplies a great deal of evidence about the government and society. When this interrelated sphere is regarded as a whole, the early fifteenth century is seen to be dominated by three closely related developments: the full implementation of inquisition procedure; the continued development of the territorial state, which made this possible; and the struggle between republican institutions and the nascent oligarchy.
Blackstone and Law Reform by Education: Preparation for the Bar and Lawyerly Culture in Eighteenth-Century England
Authors: Lemmings David
Published: April 2006

In his opening lecture at Oxford as Vinerian professor of the laws of England, Dr. William Blackstone introduced his subject with a statement of his “diffidence,” which amounts almost to an apologia for academic study of the law: “He must be sensible how much will depend upon his conduct in the infancy of a study, which is now first adopted by public academical authority; which has generally been reputed (however unjustly) of a dry and unfruitful nature; and of which the theoretical, elementary parts have hitherto received a very moderate share of cultivation.”
A Man Lost in the Gray Zone
Authors: Luban David
Published: April 2006

The Rudolf Kastner trial was one of the three great scandals that rocked Israeli party politics in the 1950s (the others were the negotiations with Germany for Holocaust reparations and the so-called “Lavon affair”). Although Leora Bilsky describes it as an “almost forgotten trial,” it has not been forgotten by subsequent writers: it makes an important cameo appearance in Arendt's Eichmann in Jerusalem; it features prominently in Tom Segev's The Seventh Million (1991); Yehuda Bauer's Jews for Sale? (1994) takes pains to refute the charges against Kastner; and it inspired two novels—Amos Elon's Timetable (1980) and Neil Gordon's cerebral thriller The Sacrifice of Isaac (1995). But the legal opinions have never until now attracted the thought or analysis they warrant, and Bilsky deserves gratitude for remedying this omission. With admirable insight and ingenuity, Bilsky focuses on the construction of the legal opinions as a form of literature. Her reading of Judge Halevi's and Justice Agranat's opinions centers on the way in which law is driven by metaphor—in Halevi's case, the metaphor of contract; in Agranat's, the metaphor of administrative decision making. Her article is a major contribution to our understanding of the Kastner case and to the way that, in a situation of intense moral ambiguity, legal analysis can be predetermined by a choice of metaphors.
One Hundred Years of Rectitude: Medical Witnesses at the Old Bailey, 1717–1817
Authors: Landsman Stephan
Published: April 2006

Partisan expert witnesses, selected, prepared, and presented by the parties, are one of the central features of Anglo-American judicial proceedings. They provide fact finders with essential technical information and are authorized to propound a range of opinions and conclusions that other witnesses are not. Their views are often the deciding factor in hard-fought cases. Yet their association with one party and their apparent partiality have long troubled legal commentators. These concerns have grown in recent years along with the perception, not based on a great deal of empirical evidence, that more and more experts are being used to prove more and more different things in modern American trials.
A. V. Dicey, Lord Watson, and the Law of the Canadian Constitution in the Late Nineteenth Century
Authors: Schneiderman David
Published: April 2006

It is a well-accepted postulate of Canadian constitutional history that, in the years following the confederation of the colonies of British North America in 1867, the law of the Canadian constitution did not concern itself with individual rights. Rather, constitutional law in the late nineteenth century involved the division of legislative powers between the federal and provincial governments—disputes that neither addressed claims to individual liberty nor the power of an unbridled state. If liberties were at stake, they were subsumed under arguments about which level of government was authorized to legislate on the specific subject matter at issue. In this way, Canadian constitutionalism resembled the “well-regulated society” of the antebellum United States: in the pursuit of the common good, public power was authorized to regulate liberty and private property to the fullest extent possible.
Written Law and Unwritten Norms in Colonial St. Louis
Authors: Banner Stuart
Published: April 2006

The American officials who assumed control of the Louisiana Purchase territory were quite certain about the Spanish legal system they were displacing. “[T]he laws, rules of justice, and the forms of proceeding,” Amos Stoddard reported from St. Louis two weeks after receiving possession of Upper Louisiana on behalf of the United States, “were almost wholly arbitrary—for each successive Lieut. Governor has totally changed or abrogated those established by his predecessor.” Under “the despotism of the Dons,” as Frederick Bates described the preceding four decades of Spanish government in St. Louis and the surrounding area, the residents “knew that they had no rights and that they were absolutely dependent, in all things, on the will and pleasure of the Governor.” In New Orleans Governor William Claiborne described a legal “system in most points incongenial with the principles of our own Government,” one in which “the executives of the collony have often exercised a dispensing power over th[e] Laws, and the people consequently have been habituated to the uncertain operation of rules occasionally modified by the wisdom or caprice of those in power.” In short, this was a government of men, not laws; the task at hand was to get rid of it as soon as possible. As Bates explained to future governor (and ex-explorer) Meriwether Lewis, “we are endeavouring to establish the empire of the laws; and to substitute those laws in the place of the arbitrary Rescripts of proconsular Agents.”
Severe Intraocular Inflammation Following Intravitreal Faricimab
Authors: Thangamathesvaran Loka , Kong Jun , Bressler Susan B. , Singh Mandeep , Wenick Adam S. , Scott Adrienne W. , Arévalo J. Fernando , Bressler Neil M.
Published: February 2024

Importance

Monitoring for and reporting potential cases of intraocular inflammation (IOI) in clinical practice despite limited occurrences in clinical trials, including experiences with relatively new intravitreal agents, such as brolucizumab, pegcetacoplan, or faricimab, helps balance potential benefits and risks of these agents.

Objective

To provide descriptions of 3 initially culture-negative cases of acute, severe, posterior-segment IOI events occurring within the same month following intravitreal faricimab injections at a single institution.

Design, Setting, and Participants

In this case series, 3 patients manifesting acute, severe IOI following intravitreal injection of faricimab were identified between September 20, 2023, and October 20, 2023.

Exposure

Faricimab, 6 mg (0.05 mL of 120 mg/mL solution), for neovascular age-related macular degeneration among patients previously treated with aflibercept; 1 patient also had prior exposure to bevacizumab.

Main Outcomes and Measures

Visual acuity, vitreous taps for bacterial or fungal cultures, and retinal imaging.

Results

All 3 patients received intravitreal faricimab injections between September 20 and October 20, 2023, from 2 different lot numbers (expiration dates, July 2025) at 3 locations of 1 institution among 3 of 19 retina physicians. Visual acuities with correction were 20/63 OS for patient 1, 20/40 OD for patient 2, and 20/20 OS for patient 3 prior to injection. All 3 patients developed acute, severe inflammation involving the anterior and posterior segment within 3 to 4 days after injection, with visual acuities of hand motion OS, counting fingers OD, and hand motion OS, respectively. Two patients were continuing faricimab treatment while 1 patient was initiating faricimab treatment. All received intravitreal ceftazidime, 2.2 mg/0.1 mL, and vancomycin, 1 mg/0.1 mL, immediately following vitreous taps. All vitreous tap culture results were negative. One patient underwent vitrectomy 1 day following presentation. Intraoperative vitreous culture grew 1 colony of Staphylococcus epidermidis, judged a likely contaminant by infectious disease specialists. All symptoms resolved within 1 month; visual acuities with correction were 20/100 OS for patient 1, 20/50 OD for patient 2, and 20/30 OS for patient 3.

Conclusions and Relevance

In this case series, 3 patients with acute, severe IOI within 1 month at 3 different locations among 3 ophthalmologists of 1 institution following intravitreal faricimab could represent some unknown storage or handling problem. However, this cluster suggests the continued need for vigilance to detect and report such cases following regulatory approval.
Prognostic Factors for Survival Using a Clinical Severity Staging System Among Patients With Acute Invasive Fungal Sinusitis
Authors: Munyemana Marie-Ange , Kallogjeri Dorina , Chernock Rebecca , Farrell Nyssa F. , Schneider John S. , Piccirillo Jay F. , Roland Lauren T.
Published: February 2024

Importance

Despite the aggressive progression of fulminant acute invasive fungal sinusitis (AIFS), data on prognostic factors have been disparate, hindering the development of a staging system. A composite staging system may improve prognostication for patient counseling and conduct of clinical research.

Objective

To identify prognostically important factors in AIFS and to incorporate the factors into a comprehensive Functional Severity Staging System and Clinical Severity Staging System.

Design, Setting, and Participants

This retrospective cohort study included adult patients diagnosed with pathology-proven AIFS from June 1, 1992, to December 31, 2022, at Washington University Medical Center and Barnes-Jewish Hospital, a tertiary care center in St Louis, Missouri. Data were analyzed from April to July 2023.

Main Outcome and Measures

Sequential sequestration and conjunctive consolidation was used to develop a composite staging system to predict 6-month overall survival.

Results

Of 71 patients with pathology-proven AIFS over the 30-year period, the median (range) age of the cohort was 56 (19-63) years, and there were 47 (66%) male patients. The median (range) follow-up time was 2 (0-251) months. There were 28 patients alive within 6 months, for a 39% survival rate. Symptoms, comorbidity burden, and presence and duration of severe neutropenia were associated with 6-month survival and were consolidated into a 3-category Clinical Severity Staging System with 6-month survival of 75% for stage A (n = 16), 41% for stage B (n = 27), and 18% for stage C (n = 28). The discriminative power of the composite staging system was moderate (C statistic, 0.63).

Conclusion and Relevance

This cohort study supports the clinical importance of symptomatology, comorbidity burden, and prolonged severe neutropenia at the time of AIFS presentation. The composite clinical staging system may be useful for clinicians when counseling patients with AIFS and conducting clinical research.
Plasmodium falciparum J‐dot localized J domain protein A8iJp modulates the chaperone activity of human HSPA8
Authors: Sahu Welka , Bai Tapaswini , Das Aleena , Mukherjee Subhadip , Prusty Aradhana , Mallick Nipa Rani , Elangovan Selvakumar , Reddy K. Sony
Published: February 2024

Plasmodium falciparum renovates the host erythrocyte to survive during intraerythrocytic development. This renovation requires many parasite proteins to unfold and move outside the parasitophorous vacuolar membrane, and chaperone‐regulated protein folding becomes essential for the exported proteins to function. We report on a type‐IV J domain protein (JDP), PF3D7_1401100, which we found to be processed before export and trafficked inside the lumen of parasite‐derived structures known as J‐dots. We found this protein to have holdase activity, as well as stimulate the ATPase and aggregation suppression activity of the human HSP70 chaperone HsHSPA8; thus, we named it “HSPA8‐interacting J protein” (A8iJp). Moreover, we found a subset of HsHSPA8 to co‐localize with A8iJp inside the infected human erythrocyte. Our results suggest that A8iJp modulates HsHSPA8 chaperone activity and may play an important role in host erythrocyte renovation.