bluuebunny/crossref_metadata_2025 huggingface dataset:
Epilogue
Authors: Tushnet Mark V
Published: November 2023

Asked at the press conference held on his retirement in June 1991 how he wanted to be remembered, Marshall replied, “That he did what he could with what he had.” Although many comments at Marshall’s retirement and on his death in January 1993 suggested that Marshall’s work at the NAACP made a greater contribution to constitutional law than his work at the Supreme Court, Marshall himself referred to his career as a whole, not to any one part.
Postemancipation Historiography and the Jewish Historical Societies of America and England
Authors: Liberles Robert
Published: November 2023

A century ago, the celebration marking the four-hundredth anniversary of Columbus’ discovery of America provided a far more jubilant occasion than the recent, muted observance of the quincentennial. Meyer Kayserling, in his study on Columbus and the Jews commissioned by American Jewish leader Oscar Straus, described the festivities of 1892:
Was There a “Jerusalem School”? An Inquiry into the First Generation of Historical Researchers at The Hebrew University
Authors: Myers David N
Published: November 2023

The history of historical writing, Herbert Butterfield announces in Man on his Past, “involves an enquiry into the manner in which men have changed their sentiment for the past, their feeling about the bonds which link one generation with another, their sense of time and their awareness that they are part of the long, unceasing stream of history.”‘ This symposium marks a welcome, if somewhat belated, acceptance of Sir Herbert’s challenge to study how and why perceptions and representations of the Jewish past have varied so widely over time. The urgency of such a task has only increased in the postmodern world, in which the most fundamental assumptions about literary and historical representation-for instance, the possibility of objectivity, the validity of authorial intent-are being called into question.2 In fact, the intense scrutiny of, and attendant skepticism about, the authorial (or historiographical) claim to truth has produced a heightened sensitivity to the vagaries of interpretation, a sensitivity that is no doubt manifested in the essays comprising this volume.
The Land of Israel: Myth and Phenomenon
Authors: Gurevitch Zali , Aran Gideon
Published: November 2023

Hamakom-”the place”-has a twofold meaning. On the one hand, it refers to a specific stretch of land on the eastern shore of the Mediterranean where modern Israel is located. On the other hand, it is an idea, a voice, a thought in relation to which the tangible place, as its earthly manifestation, is secondary. Place as idea resists the human tendency to restrict and bind it to mere corporeal place.
Changing Conceptions of the Holocaust: The Kasztner Case
Authors: Weitz Yehiam
Published: November 2023

On June 22, 1955, the Jerusalem District Court delivered its decision in the case of Malkiel Gruenwald, popularly known as “the Kasztner trial.” The decision came as a severe shock to the Israeli public, for Israel Kasztner, the trial’s key figure, had already become the focal point of an entire complex of conceptions and stereotypes related to the Holocaust. His character had come to be seen by Israeli Jews in the mid-1950s as of extraordinary significance, a yardstick by which to measure the heroes and the victims and to judge the Jewish leadership during the Second World War.
Sander Gilman on Hatred and Self-Hatred
Authors: Cheyette Bryan
Published: November 2023

Sander Gilman portrays himself in Inscribing the Other as “an American teacher of German, as an Eastern European Jew, as a post-Holocaust inhabitant of fin-de-siecle Western culture, as a cultural critic” (p. 7). In less than three decades, Gilman has written or edited more than thirty books on a variety of topics. His diverse biography is, to be sure, reflected in this extraordinary output. The four volumes under review are his most recent contributions to Jewish studies (especially GermanJewish studies). But these seminal works should ideally be read alongside Gilman’s other books, published in the 1980s, that deal with representations of disease and madness in Western culture and with German anti-black racism. His introduction to psychoanalytic theory and readings of Friedrich Nietzsche, published in the 1970s, are also given a renewed impetus in the light of these later volumes. What makes Gilman such an influential cultural theorist is precisely his ability to combine a prodigious number of disciplines and histories to make interesting, often breathtaking, connections between usually discrete subject areas.
More Than Just Another Country: Writing the History of American Jews
Authors: Lederhendler Eli
Published: November 2023

The subtext that underlies this five-volume collective history, titled The Jewish People in America, is best stated in the form of a question: Whither, American Jewry? Henry Feingold, the veteran American Jewish historian who is general editor of the series, clearly enunciated his view in a paper given to the American Jewish Historical Society in 1982, that the chief function of historical selfknowledge was to provide a compass for the future, to aid the American Jewish community in its quest for survival. In his words, American Jewry needed a “firstclass multi-volume historical portrait” of itself “to furnish American Jewry with a knowledge of where it came from so that it might know what it is and where it is going. Ultimately, its group identity must be sought in history.”‘
Liberal Principles
Authors: Gaus Gerald F
Published: November 2023

As I have said, the requirements for victorious justification are exacting. It may help to review some of my main claims in order to appreciate just how exacting they are: Because we have rejected strong externalism, Betty cannot make a good argument that, because she is justified in accepting {3 on the basis of R1, everyone, including Alf, necessarily has a similar reason to embrace {3. Because we have rejected global coherentism, the following argument is not available to Betty: (a) Since all coherent systems converge, (b) that she is justified in believing /3 on the basis of R1 is strong evidence that others with equally coherent systems would also believe {3, and so (c) anyone who does not believe {3 has either (i) a less justified set of beliefs than does Betty or (ii) a better justified set. In either case, they should all converge on the same beliefs.
Conclusion: Justificatory Liberalism and Its Rivals
Authors: Gaus Gerald F
Published: November 2023

Liberal politics has both a moral and an epistemological basis. Liberal politics requires, first, that citizens recognize their moral commitment to justify their demands on each other, and second, that citizens understand what is involved in such justification. In Value and Justification I tried to show that liberal citizens are indeed committed to the justification of their demands; parts of this book, especially chapter 8, were also devoted to supporting this claim. The rejection of this moral supposition leads to a corrupted political life. Unfortunately, this corrupted conception is widely embraced. If political demands on others need not be justified to those others, political life becomes a matter of simple imposition by the powerful on the weak. Some variants of this conception, associated with majoritarian democracy, insist that those with the numbers get to impose on those without the numbers. Others, more closely associated with interest-group pluralism, believe it is simply obvious that politics is about one group imposing its will on others. To be sure, such political theorists typically have modest sorts of impositions in mind-taxing their fellow citizens to promote their favorite projects rather than sending them to the gulag. Yet for all that, politics is understood as the institutionalization of unjustified impositions. Public choice theorists have studied this sort of politics under the description of “rent seeking”-though they are wont to use this term for almost any expenditure of which they do not approve. Institutionalized aggression might be another name.
Governing United States-Japan High-Technology Alliances
Authors: Osborn Richard N , Baughn C Christopher
Published: November 2023

Since the mid-1980s a research team at Wayne State University has been exploring the development and evolution of corporate alliances involving U.S. and Japanese firms.1 We were initially interested in these corporate alliances for a variety of theoretical and practical reasons. Theoretically, corporate alliances linking firms headquartered in culturally different nations appear to offer an opportunity to examine the development of new organizational forms. Furthermore, such alliances offer important outcomes, even though their survival is said to be quite problematic. Practically, however, the combination of U.S.
Introduction
Authors: Ainsworth-Vaughn Nancy
Published: November 2023

In this book, I provide new information about talk in the medical encounter, analyzed in an unusual way. This is the first study to analyze in detail the ways patients claim power through talk; previous studies have focused on doctors’ claims to power. No other study has given an overview of the many ways power is claimed in medical talk. This is the first study with equal numbers of female and male physicians in the data; female physicians were very much in the minority in other studies. No other book on medical discourse has included substantial numbers of cancer patients and oncologists or considered the impact of a cancer diagnosis.
Confession and Confessors in Transition
Authors: Haliczer Stephen
Published: November 2023

One of the most striking characteristics of post-Tridentine Catholicism was the way in which sacramental penance emerged as a defining element of the new religious order. In a very real sense, Catholic Europe became a confessionally oriented society with a heightened awareness of sin, increased frequency of confession, and a greatly enhanced role for the priest/confessor as the “doctor of souls.”
Submissive and Ambivalent Penitents
Authors: Haliczer Stephen
Published: November 2023

Although almost half of the penitents rejected their confessor’s advances, sometimes with great indignation, fully 39 percent (220) greeted them warmly. In certain cases, defying the stereotype of female passivity that can be found in the contemporary literature, women even took an aggressive role and actively sought sexual favors from their confessor.
Obstacles to Ethical Organization Behavior
Authors: Nielsen Richard P
Published: November 2023

It is important to be realistic and understand the nature of the difficulties of ethics problems in order to develop effective politics for overcoming and transcending them. In this chapter, different types of problematical individuals and environments are considered.
Double-Loop Dialog Methods
Authors: Nielsen Richard P
Published: November 2023

A key benefit of having different types of individuals with diverse skills, experiences, and specializations in an organization is that there is a potential for multiple pieces of information, truth, and insight to come together in addressing an ethics issue or making a decision. Through dialog within diversity we can learn from each other, learn from the dialogic process, and help each other and our organizations develop ethically.
Varieties of Postmodemism: Triple-Loop Dialog III
Authors: Nielsen Richard P
Published: November 2023

In the previous two chapters, the problems of biased external environments and biased internal traditions that cause or encourage unethical organization behavior were addressed with disentangling and upbuilding dialog methods. With both these methods the people who engaged in the dialogs more or less believed that they belonged to the same internal tradition. However, in other situations the key participants believe that they are part of very different and even antagonistic traditions.
Conclusion: Varieties of Russian Capitalism
Authors: Owen Thomas C
Published: November 2023

Before examining the institutional patterns that seem likely to determine the evolution of Russian capitalism in the future, it is appropriate to review the four main patterns in the development of corporations in Russia under the tsarist regime and in the late Soviet period. First, despite the familiar Leninist formulas of “finance capitalism,” “monopoly capitalism,” “state-monopoly capitalism,” and the like, capitalism remained weakly developed in Russia. The small numbers of corporations, especially on a per capita basis in comparison to the major European countries before 1914, reflected the ambivalence of the imperial government toward the intrinsic dynamism of capitalism. Although the tsarist government granted favorable treatment to large companies in the form of high import tariffs, massive financial subsidies to railroads, and lax enforcement of laws against cartels, it refused to allow incorporation by registration and maintained bureaucratic tutelage over all the key capitalist institutions: corporations, exchanges, and business organizations.
The Artifact of Mind Insight
Authors: Culbert Samuel A
Published: November 2023

To this point we’ve described how the progressive new models re­ quire you to influence an increasing number of people, in directions that you see as critical to the effective functioning and productivity of the overall corporate team, without the capacity to control them. Now it’s time to probe the Artifact of Mind insight for how it can be used to help you accomplish this. It’s the critical insight for teaching you the psychology that will enable you to implement what you’re being asked to do. The new models require a new mentality, and that means thinking about people differently.
How the Artifact of Mind Insight Instructs Us to Act
Authors: Culbert Samuel A
Published: November 2023

Throughout this book we’ve been describing cases that demonstrate there’s something different and unconventional, perhaps a bit counterintuitive, that goes into our thinking about organizations and the circumstances in which people find themselves while trying to perform competently at work. We have been attributing our perspective to the directions we receive from our knowledge of the Artifact of Mind insight. Now we’d like to state precisely the prominent managerial lessons that we hoped would come to your mind as you read the case stories applying this insight along with us. To accomplish this, we need to tell you one more story.
Introduction
Authors: Howard-Malverde Rosaleen
Published: November 2023

At its inception, the 1991 conference on “Textuality in Amerindian Cultures” (see preface) proposed to examine diverse forms of cultural expression in indigenous Latin America, with a particular focus on the textualising processes and textlike attributes that such expression displays. The notion of text was taken in its very broadest sense: thus the text of textiles-two words with a common root in Latin texere meaning ‘to weave’-could be as valid an object of our interests as the alphabetic script of the seventeenth-century Huarochiri manuscript or the oraldiscourse of speech makers and dramatists in modern day Peru and Colombia. The mutual influence between speech and writing is shown to be crucial in a number of the chapters and forms a recurrent feature of the volume. The metaphorical use of the concept of text as a paradigm for the description of other areas of cultural practice proved to be more problematical; this is a matter I discuss in more detail here, while some of the contributors also address the issue in relation to particular ethnographic cases.
Saint Rose through the Eyes of Her Devotees
Authors: Millones Luis
Published: November 2023

Born in Lima, Isabel Flores de Oliva was the most important of all the saints to emerge from the Viceroyalty of Peru. Her period (from the end of the sixteenth century to the second half of the seventeenth) is notable for its bumper crop of holy men and women (Saint Toribio of Mogrovejo, 1538-1606; Saint Martin of Porras, 1579-1639; Saint John Macias, 1585-1645; Saint Francis Solano, 1549-1602; Pedro Urraca, 1583-1657; Francisco Camacho, 1629-1698; Nicolás Ayllón ?-1677; Francisco de San Antonio, 1593-1677; Ursula de Cristo, 1629-1666; and others). Not all of the aforementioned attained canonisation: some remained as blesseds; others failed even to get that far. Even so, the number of persons who felt singled out by God, and achieved official recognition for it, is considerable. But besides this official list, there was another route to acceptance which did not necessarily coincide with the church’s verdict in any given case-namely, the popular fervour that viewed the holy persons in question as a means of access to the divinity.
The Art of Ethnic Militancy
Authors: Rappaport Joanne
Published: November 2023

In June of every year, the state-sponsored commemoration of the “Day of the Peasant” is celebrated throughout the Colombian countryside, accompanied by the flowery discourse of local officeholders, the cacophony of small-town bands, the aroma of grilled beef furnished by politicians in search of votes, and the distribution of seedlings to forest-eroded mountain slopes. In highland Nariño, the celebration has been renamed the “Day of the Indian”. While the municipal mayor delivers his speech in the town plaza, the band erupts into raucous song, the senator flies in from Bogota, and trees are exchanged for votes, the communities for whom the celebration is intended stage their own festivities in their community house or in the public space of repossessed lands. Shielded from the gaze of local mestizos, community leaders deliver their own speeches, and the public is treated to dramatic presentations and the music of rural bands. The art of these ethnic militants recalls the exploits of their colonial chiefs, the horrors of conquest, and the achievements of the modern land­ claims movement. Visual image and verbal cliche prompt the audience to reflect on the rhetoric of the contemporary native rights movement on the one hand and the narratives of community historians on the other.
Responding to Troubled Youth
Authors: Maxson Cheryl L , Klein Malcolm W
Published: November 2023

This book provides an overview of the dominant philosophical approaches and practices in handling status offenders--those children who habitually resist the control of their parents and schools, who run away from home, who drink and stay out after curfew. The three basic and competing social philosophies in responding to these troubled and troublesome youths--discussed at length in this book--are known as the treatment, deterrence, and normalization rationales. In examining these philosophies, the authors consider the quality and quantity of response to and for status offenders at local community service outlets in seven different cities. In this way, Maxson and Klein are able to determine whether such response practices conform with the ideological thrusts embedded in state legislation. The results will surprise many legislative and youth service policy professionals. Agency characteristics, service-delivery patterns, and youth clients do indeed reflect the treatment, deterrence, and normalization rationales, but in ways that have little bearing on the dominant philosophies embodied by state legislation. Special chapters are devoted to those minors most likely to slip through the safety-net of youth service --chronic runaways and street kids. The authors discuss the implications of their findings for lawmakers and policy developers.
Legislative Analysis
Authors: Szymanski Linda
Published: November 2023

A fundamental premise of our research is that there are several basic rationales that underlie the ebb and flow of policy positions on the handling of troublesome youth. State legislation governs the handling of status offenders, and state budgets provide the funds for many law enforcement and youth service programs. If state legislation is important in this area, then local practice or strategies for responding to these youth should be in tune with the state policy. Our study was designed to test this proposition-whether local practices exemplify the philosophical approaches embedded in legislation.
State Mandates and Agency Service Delivery to Status Offenders
Authors: Gordon Margaret A
Published: November 2023

In this and the following chapter, we present the core data analyses that test the hypothesis that agency service delivery to status offenders flows from the philosophical orientations articulated in state legislative mandates. In chapter 3, we have revealed our cards early, effectively removing what suspense may be derived from perusing the upcoming tables reporting the rationale-based comparisons. By and large, agency characteristics and service delivery patterns do not reflect the rationales derived from legislation, but the three philosophical approaches are alive and well in services to status offenders.
The Unserved Runaways in Three Cities
Authors: Little Margaret A
Published: November 2023

In three of the national sites, street youth were interviewed to assess the types of services they need and the impediments to utilizing those services. This survey provides essential, otherwise untapped information on the youth who fall through the “cracks” in the service network. It is only by interviewing these youths who are not served or are underserved by the existing social service system that the shortcomings and weaknesses of that system are fully illuminated.
Runaway Services
Authors: Maxson Cheryl L , Klein Malcolm W
Published: November 2023

In our initial visits to the seven sites included in DSO II, we asked a number of our agency contacts the same question: “Is this a caring city?” It would be difficult for a public official or private agency administrator to answer in the negative, of course, but two roughly contrasting depictions did emerge. The first was to assert that one’s city was indeed a “caring community;’ and examples were offered-shelter care, volunteerism, primary prevention programs, and so on. The other modal response was along the lines of, “Yes, when something really heart-rending takes place, folks here rally around the needs of the people affected. But mostly we believe people are responsible for their own.”
Developing Adolescent Peer Culture through Collaborative Narration
Authors: Eder Donna
Published: November 2023

Narrative discourse offers the opportunity for expressing and evaluating multiple points of view and especially for contrasting one’s own perspective with that of others as one selects, recounts, and dramatizes the details of an episode from the past. Through both self-presentation and alter casting-that is, projecting an identity for others (Weinstein & Deutschberger 1963)-storytellers propose a particular outlook on their situation, distinguish themselves from other people, and indicate the values they share with their audience.
War & Press Freedom
Authors: Smith Jeffery A
Published: November 2023

War and Press Freedom: The Problem of Prerogative Power is a groundbreaking and provocative study of one of the most perplexing civil liberties issues in American history: What authority does or should the government have to control press coverage and commentary in wartime? First Amendment scholar Jeffery A. Smith shows convincingly that no such extraordinary power exists under the Constitution, and that officials have had to rely on claiming the existence of an autocratic "higher law" of survival. Smith carefully surveys the development of statutory restrictions and military regulations for the news media from the ratification of the Bill of Rights in 1791 through the Gulf War of 1991. He concludes that the armed forces can justify refusal to divulge a narrow range of defense secrets, but that imposing other restrictions is unwise, unnecessary, and unconstitutional. In any event, as electronic communication becomes almost impossible to constrain, soldiers and journalists must learn how to respect each other's obligations in a democratic system.
The Federalists and the French Revolution
Authors: Smith Jeffery A
Published: November 2023

Wartime suppression of press freedom by the Congress and the president has been the result of a peculiar mixture of politics and paranoia. The first major test of the press clause of the First Amendment occurred in 1798, when the United States was contemplating a war with France that was never declared but that nevertheless proved costly in terms of military preparations and civil liberties. Taxes and borrowing were authorized and freedom of expression was suspended in an atmosphere of alarm promoted by Federalists like Alexander Hamilton, whose journalism warned that America could soon be surrendering its sovereignty to the French and making a new government “according to the fancy of the Directory.” Despite Enlightenment aspirations of concentrating on peaceful pursuits, isolated from the conflicts of other countries, many citizens were tormented by fears of foreign nations and reacting with near hysteria. The Sedition Act of 1798, which virtually outlawed criticism of government, demonstrated the willingness of some Americans to disregard the Bill of Rights and to attempt to silence those who expressed dissenting views.
Kolberg (Germany, 1945): As Historical Filmand Historical Document
Authors: Paret Peter
Published: November 2023

Kolberg (Germany, 1945) is not among the major successes of the German motion-picture industry during the Third Reich. It achieved coherence neither as a drama nor—despite its excess of rhetorical energy—as a political statement. Nevertheless, the film continues to attract attention. The circumstances of its production, its aesthetic qualities and flaws, and its evidentiary power as a document of the last phase of National Socialism at war—all serve to keep interest alive in a work in which Goebbels, and through him the regime, invested material resources and psychic expectations to an unusual degree.
Kolberg (Germany, 1945): The Goebbels Diaries and Poland’s Kołobrzeg Today
Authors: Culbert David
Published: November 2023

We shall not flag or fail. We shall go on to the end, we shall fight in France, we shall fight on the seas and oceans, we shall fight with growing confidence and growing strength in the air, we shall defend our island, whatever the cost may be, we shall fight on the beaches, we shall fight on the landing grounds, we shall fight in the fields and in the streets, we shall fight in the hills; we shall never surrender, and even if, which I do not for a moment believe, this island or a large part of it were subjugated and starving, then our Empire beyond the seas, armed and guarded by the British fleet, would carry on the struggle until, in God’s good time, the new world, with all its power and might, steps forth to the rescue and the liberation of the old.
Ivan’s Childhood (USSR, 1962) and Come and See (USSR, 1985): Post-Stalinist Cinema and the Myth of World War II
Authors: Youngblood Denise J
Published: November 2023

World War II, known in the former Soviet Union as the Great Fatherland War or Great Patriotic War, could have been invented as a subject for socialist realist cinema. With perhaps 20 to 27 million dead (a figure representing approximately 15 percent of the population) and Belorussia, Ukraine, and European Russia in smoldering ruins, it is difficult for anyone to exaggerate the space of the tragedy, the scope of the disaster, the scale of heroism. The Soviet government tried, however—and succeeded for a more than a generation.
Shape Your Opponent
Authors: McNeilly Mark
Published: November 2023

To defeat the competition, you must first make them conform to your strategy, your rules, your will. You must seize the advantage and make your competitor meet you at the time and place of your choosing. To master the competition in this manner is what Sun Tzu meant by “shaping.”

To shape your competition, you must first put together all you have learned so far. You must know the situation.

Then you must be able to deceive your competitor as to your plans.
Putting The Art of Business into Practice
Authors: McNeilly Mark
Published: November 2023

Now that you have read and contemplated Sun Tzu’s approach to strategy, it is time to apply it. This chapter helps you to do that by providing a process you can use in your company. This process, The Art of Business Approach®, has six steps that follow naturally from the six principles. Although parts of the six principles may apply to more than one step, for simplicity’s sake I have made them correspond directly.
Enactment and the Boundary less Career: Organizing as We Work
Authors: Weick Karl E
Published: November 2023

Mary Catherine Bateson captures the theme of this chapter in her comments about deviant resumes: “ Resumes full of change show resiliency and creativity, the strength to welcome new learning; yet personnel directors often discriminate against anyone whose resume does not show a clear progression. Quite a common question in job interviews is, ‘ What do you want to be doing in five years?’ ‘Something I cannot now imagine’ is not yet a winning answer. Accepting that logic, young people worry about getting ‘on track,’ yet their years of experimentation and short-term jobs are becoming longer. If only to offer an alternative, we need to tell other stories, the stories of shifting identities and interrupted paths, and to celebrate the triumphs of adaptation.” (1994: 83).
Boundaryless Contexts and Careers: A Competency-Based Perspective
Authors: Defillippi Robert J , Arthur Michael B
Published: November 2023

Some observers have noted how careers are increasingly characterized by inter firm mobility (MaGuire, 1993; Pfeffer and Baron, 1988; Kanter, 1989a, 19896). U.S. workers typically experience ten employers over their adult lives (Topel and Ward, 1992). Japanese male workers-despite their country’s reputation for lifetime employment-typically experience six employers (Cheng, 1991). Yet recent reviews of career research report a preponderance of studies focused on single employment settings (Feldman, 1989; Ornstein and Isabella, 1993); even occupational career perspectives, on general managers, for example (McCall, Lombardo, and Morrison, 1988), or on scientists and engineers (Raelin, 1991), have been premised on the unfolding of careers in a single firm.
Careers as Repositories of Knowledge: Considerations for Boundaryl ess Careers
Authors: Bird Allan
Published: November 2023

The traditional notion of a career as something that occurs within a single firm, or that consists of an obvious sequence of positions, no longer holds. In fact, one response to the appearance of boundary less firms is the increasing growth in what has come to be known as boundary less careers. To fully understand the implications of these emerging trends, a new perspective is required.
Global Boundaryless Careers: Lessons from Chinese Family Businesses
Authors: Granrose Cherlyn Skromme , Chua Bee Leng
Published: November 2023

The dramatic growth of East Asian economies marks the emergent centrality of “Confucian capitalism” in the new world order (Berger, 1991; Redding, 1990; Hofestede and Bond, 1988). In particular, the growth of the “four dragons”-Singapore, Hong Kong, Taiwan, and South Korea--offers clear evidence of new global players (Woronoff, 1986). The more recent explosion of capitalism, in the People’s Republic of China (PRC), Malaysia, Indonesia, Thailand, and Vietnam, echoing the economic transformation of Japan, confirms the magnitude of Asian economic development (Lord, 1995; Berger, 1991; Berger and Hsiao, 1988; Friedman, 1988; Gerlach, in press).
The Rhetoric of Boundary less-Or, How the Newly Empowered Managerial Class Bought into Its Own Marginalization
Authors: Hirsch Paul M , Shanley Mark
Published: November 2023

Let us imagine we are looking back from the year 2000. As the 1990s drew to a close, three of the most noteworthy trends of the decade were:The resurgence of such corporate “dinosaurs” as IBM, GM, and Sears, which rejoined GE, AT&T, PepsiCo, Microsoft, and Hewlett-Packard among the giants of American industry (as prophesied by Kanter, 1989);
The Young American Lexicon:Field and Codification
Authors: Widmer Edward L
Published: November 2023

On August 5, 1850, a group of mildly inebriated American intellectuals, in a rare display of physical hardihood, clambered up Monument Mountain, just south of Stockbridge in western Massachusetts. True, the “mountain” in question was only 1,640 feet high, but its ascent marked an important opportunity for several Young Americans to gather together and descant on their favorite topics. Indeed, this humble mountaineering expedition may well have signaled the apogee of Young America. The climbers included city slickers on vacation (Duyckinck, Mathews, Boston publisher James T. Fields), writers residing in the Berkshires (Hawthorne, Melville, Oliver Wendell Holmes), and two Stockbridge natives, Henry Dwight Sedgwick and David Dudley Field.
Young America Redux
Authors: Widmer Edward L
Published: November 2023

In 1852, reflecting on the failure of the revolution in France, Karl Marx paraphrased Hegel to remark that history enacts itself twice, the first time as tragedy, the second time as farce. His ruminations were originally published in New York, where at that very moment a bastardized Young America was rising up to reassert America’s Manifest Destiny in even more strident language than 1845. Its reincarnation darkly confirmed Marx’s pithy observation.
Criminal Justice
Authors: Teitel Ruti G
Published: November 2023

In the public imagination, transitional justice is commonly linked with punishment and the trials of ancien régimes. The enduring symbols of the English and French Revolutions from monarchic to republican rule are the trials of Kings Charles I and Louis XVI. A half century after the events, the leading monument to the Nazis’ World War II defeat remains the Nuremberg trials. The triumph of democracy over military rule in Southern Europe’s transitions is represented in Greece’s trials of its colonels. Argentina’s junta trial marked the end of decades of repressive rule throughout Latin America. The contemporary wave of transitions from military rule, throughout Latin America and Africa, as well as from Communist rule in Central Europe and the former Soviet bloc, has revived the debate over whether to punish.
Toward a Theory of Transitional Justice
Authors: Teitel Ruti G
Published: November 2023

This book has explored two questions: what legal approaches do societies in transition adopt in responding to their legacies of repression? And what is the significance of these legal responses for these societies’ liberalizing prospects? We are now in a position to examine what light Transitional Justice sheds on these questions and, more generally, on law’s role in periods of far-reaching political change. In exploring states’ legal responses to their illiberal legacies, Transitional Justice pursues an interpretative, historical, and comparative method in order to draw synthetic conclusions concerning what these practices convey about the conception of justice at such times. What emerges is a pragmatic balancing of ideal justice with political realism that instantiates a symbolic rule of law capable of constructing liberalizing change. This concluding chapter thus analyzes the legal phenomena discussed throughout this book in terms of a theory of transitional justice that bridges ideal conceptions of the rule of law and the contingent political exigencies of particular cases.
What Morality Is About
Authors: Hartman Edwin
Published: November 2023

It seems obvious that the institution of morality is supposed to make people better off than they would otherwise be. When we try to say how we know that is true or what it means or what follows from it, however, the claim may begin to seem both dubious and trivial. A certain sort of relativist might question whether morality necessarily has anything to do with making people better off, or with any sort of outcome, on the grounds that what is morally right is at least in part a matter of what people in a community agree on, and people in a community might not agree to take one another’s well-being seriously. One might also deny that there are rights other than those granted by community agreements, or justice aside from adherence to community rules. I claim that morality does indeed characteristically make people better off, but not that being better off is a simple state or an individual matter, rather than one affected by one’s community, even one’s organization. The enterprise of business itself, quite aside from ethics, is supposed to make us better off than we would be without the fruits of the production it organizes.’ And so it normally does, occasionally in ways economists have not noticed. Sometimes, however, it surely does not, and that some business practice makes people worse off gives reason to believe that it is an immoral practice. Insofar as any institution makes people better off it is prima facie moral.
Business, Ethics, and Business Ethics
Authors: Hartman Edwin
Published: November 2023

What are a businessperson’s moral obligations? One might argue that being in business does not excuse immoral behavior and that therefore a businessperson’s moral obligations are essentially the same as those of anyone else; one might then infer that there are no interesting moral issues that relate just to business. Alternatively, one might argue that a businessperson acting in a business capacity does not have an obligation to be moral in an ordinary sense: in the long run, in fact, the important stakeholders in the business system are best off if its individual participants faithfully and even ruthlessly serve their managers and stockholders. If either claim is true, the study of business ethics loses much of its point. If a businessperson’s moral obligations all derive just from being a person, then business ethics is nothing more than ethics, essentially the same whether applied to businesspeople or others. If, on the other hand, a businessperson had better not be moral, then business ethics is truly an oxymoron. To defeat these claims requires that we address an issue we have already discussed in a slightly different guise: what is the relationship between the moral obligations that come with one’s role in the business system and the moral obligations that one normally has anyway?
Marginal Productivity and the Indeterminacy of Factor Prices
Authors: Mandler Michael
Published: November 2023

Economists customarily view production processes as differentiable functions of the inputs employed. Indeed, it has been 100 years since Philip Wicksteed first used the constant returns to scale differentiable production function to present a complete marginal productivity theory of factor pricing and distribution. But accompanying this century-long tradition have been steady complaints that the extensive possibilities for factor substitution implicit in marginal productivity theory are unrealistic; critics have insisted that factors may be combined productively in only a handful of discrete ways.
Organizational Learning: From Theory to Reality
Authors: Yeung Arthur K , Ulrich David O , Nason Stephen W , Glinow Mary Ann Von
Published: November 2023

As the 1990s draw to a frenetic close, management theorists aren’t the only ones holding forth about the need for organizational learning. Executives at some of today’s top companies now discuss “knowledge” and “the fifth discipline” with the seriousness normally reserved for capital expenditures, unit costs, and market share.

Consider Harley-Davidson. CEO Rich Teerlink has invested in a “Harley University,” in which customers can attend extensive training workshops on the safety and maintenance of motorcycles; dealers learn about service and business success in other sessions; and employees participate in classes on leadership, values, and change. Even more important, this CEO mentions the need for learning in almost every speech he makes—to employees in one-day leadership conferences, to shareholders at annual meetings, to distributors in workshops, and to customers at motorcycle rallies. Underlying these various efforts is a strong belief that learning leads to competitiveness.
What We Know about Organizational Learning: Different Learning Styles
Authors: Yeung Arthur K , Ulrich David O , Nason Stephen W , Glinow Mary Ann Von
Published: November 2023

Consider 3M and Samsung Electronics. Both companies are admired for their ability to adapt to changing market conditions; both are successful in addressing their respective business needs. Both are learning organizations—yet their learning styles are very different. Samsung Electronics learns by benchmarking through joint venture partners, trading partners, and suppliers; 3M learns through encouraging employee experimentation.

According to James Collins and Jerry Porras in their popular 1994 book Built to Last, 3M has developed a distinct management philosophy. Near its shaky beginning in 1902, this company learned a hard lesson. Early founders bet on the wrong product (corundum mining) and discovered fast that they had to diversify 3M’s products to minimize risks. To accomplish this, employees were and still are encouraged to exercise individual initiative in experimenting with new products, as long as these products meet a demonstrable human need. Managerial enthusiasm for experimentation is best captured in phrases like “Encourage; don’t nit-pick. Let people run with an idea.” “Encourage experimental doodling.” “Give it a try—and quick!”
A Model for Organizational Learning Capability: The Three Building Blocks
Authors: Yeung Arthur K , Ulrich David O , Nason Stephen W , Glinow Mary Ann Von
Published: November 2023

In the early 1990s, General Motors established a pocket of excellence through its new Saturn division and manufacturing site in Springfield, Tennessee. After years of falling behind Japanese automobile manufacturers like Toyota and Honda, GM rightly decided on an about-face in business strategy. Saturn was conceived, created, and brought on-line to show how new manufacturing techniques—complete with automation, high-performing teams, inventory control, and labor/management cooperation—could transform the company. To some extent, they have. Saturn has exceeded all expectations in terms of sales, productivity, and morale. Employees have become empowered; new technologies have changed how they approach and do work; products have been created faster and with better quality; contracts with dealers limit negotiation of sales price, restricting vendor competition but ultimately making more money for GM. And a sophisticated marketing plan has built strong brand image for Saturn: warm-and-fuzzy cars made by dedicated American workers—driven by nice, regular people-and sold by nice, low-pressure dealers who don’t try to chisel you on the lot.
Identifying Learning Disabilities: Samsung Revisited and Three Health Care Systems
Authors: Yeung Arthur K , Ulrich David O , Nason Stephen W , Glinow Mary Ann Von
Published: November 2023

It’s no accident that most organizations learn poorly. As Chris Argyris and many other theorists have pointed out, the ways organizations are designed and managed, the definitions of people’s jobs, and—most important—the manner in which we have all been taught to think and interact inevitably create fundamental learning disabilities. The last two chapters have emphasized that successful organizational learning involves an ability to generate and generalize ideas with impact—recall our expression for learning capability, g × g. Yet as any manager who has participated in learning initiatives can attest, problems soon arise that interfere with idea generation, idea generalization, or both; they may even prevent the firm from becoming a learning organization, no matter how committed the CEO, line managers, or HR staff are. These learning disabilities are generally poorly understood and hard to diagnose from within the firm, a frustrating situation for all concerned. That’s why we believe that identifying learning disabilities is the third essential building block for creating a learning organization.
The Rehnquist Court and the Constitution
Authors: Yarbrough Tinsley E
Published: November 2023

In The Rehnquist Court and the Constitution, Tinsley Yarbrough provides a comprehensive look at today’s Supreme Court Justices and their record--a study all the more valuable for the Court’s mixed decisions and hard-to-categorize course. An accomplished biographer, Yarbrough offers incisive portraits of the nine who now sit on the high bench, and tellingly reviews their nomination hearings. He also explores the workings of the Court, ranging from the selection and role of the clerks to the work load (including the end-of-term “June crunch”) and assignment of opinions. But the heart of the book is a systematic exploration of the Court’s record in such fields as government power, economic regulation, and criminal justice. In decision after decision, the author discusses the various justices’ opinions, arguments, and legal theories; he also offers his own analysis (including a sharp critique of the decision to allow the Paula Jones lawsuit to move forward). Like many writers on the Rehnquist Court, Yarbrough finds a general continuity with the past, shaded by a conservative outlook (especially in matters of criminal justice and affirmative action), but he identifies a significant departure in its rulings on economic regulation. Since 1937, he writes, the Supreme Court had generally adopted an expansive view of federal power over economic matters; the Rehnquist Court has reversed that trend. The Rehnquist Court has not launched an all-out assault on the Warren Court’s precedents, as many conservatives hoped, but as Yarbrough shows it has embarked on important new departures. Thoughtful, wide-ranging, intelligently written, this book will stand as the finest study of the Rehnquist Court for years to come.
Criminal Justice
Authors: Yarbrough Tinsley E
Published: November 2023

The Supreme Court’s docket of criminal justice cases given full review, like its docket of cases accepted for review in general, has declined considerably since Chief Justice Rehnquist’s move to the Court’s center seat. Even so, the Court has produced a remarkably wide-ranging array of decisions dealing with the rights of suspects and defendants in criminal cases. In one of several rare cases construing the Constitution’s ban on expost facto laws, a unanimous Court in 1987 struck down application of a state’s revised sentencing guidelines to a defendant whose crimes occurred before their effective date.
Economics of The Law
Authors: Miceli Thomas J
Published: November 2023

Over the past two decades, the field of law and economics has matured to the point where scholars have employed the latest economic methods in an effort to understand the nature of legal rules and to guide legal reform. This book is the first to provide a broad survey of this scholarship as it has been applied to problems in torts, contracts, property, and litigation. It will therefore serve as a convenient reference guide to this exciting field.
The Economics of Tort Law
Authors: Miceli Thomas J
Published: November 2023

From an economic perspective, tort law is concerned with internalizing the costs associated with accidental harm. This chapter develops the basic accident model that economists have employed to examine the structure of tort law.

The economic analysis of tort law is primarily concerned with the incentives that various assignments of liability create for injurers and victims to take precautions against accidents. In most accident settings, if injurers do not face the threat of liability for the victims’ injuries, they have no incentive to take precautions because the victims’ costs represent an externality. Alternatively, if victims always expect to be fully compensated for their injuries, they too will have little or no incentive to take precaution. This two-sided “moral hazard” presents a difficult problem for tort law, and the economic model of accidents (the model of precaution) shows how negligence rules elegantly solve it. More broadly, the basic principles that arise from this analysis turn out to be applicable to problems in both contracts and property, thereby demonstrating the ability of the model to provide a unifying framework for the economic analysis of law.