bluuebunny/crossref_metadata_2025 huggingface dataset:
Ability, Disability, and Discrimination: Cheerleaders and Golf Carts
Authors: Sandel Michael J
Published: November 2023

At least two features of Aristotle’s political theory fit uncomfortably with modern sensibilities. One is the idea that thinking about justice and rights requires us to determine the telos, or purpose, or essential nature of the social practice in question. Another is the idea that debates about justice are, at least in part, debates about the allocation of honor. But contemporary controversies over disability and discrimination suggest that Aristotle’s approach may not be as foreign as it seems at first glance.
The Effect of Occupation on Private Property and Contract Rights
Authors: Gathii James Thuo
Published: November 2023

This chapter examines the effect of occupation on private property and contract rights within the context of the U.S.-led invasion of Iraq in 2003. In doing so, I examine how the treatment of private property in the Iraqi occupation compares and contrasts with Japanese, Italian, and German occupations after World War II. Furthermore, I show how non-European occupations have been characterized by a disregard of occupation rules safeguarding private property as opposed to European occupations. This disregard of the private property under occupation is similar to the disregard with reference to territorial acquisitions of a much earlier period, which I addressed in Chapter 2.

In this chapter, I also demonstrate the importance placed on the private property of Europeans in non-European contexts and the lack of focus on the private property rights of non-Europeans. It is therefore not surprising that, following the U.S.-led conquest of Iraq in early 2003, most scholarly and press coverage focused on the status of foreign corporations’ property in Iraq before the war.
The Epidemiology and Burden of Headaches
Authors: Bigal Marcelo E , Lipton Richard B
Published: November 2023

Although almost everyone gets occasional headaches, particular headache disorders vary in incidence, prevalence, duration, and consequent impact (Table 3–1). Headache disorders are divided into primary and secondary disorders. Secondary disorders have an identifiable underlying cause, such as an infection, a brain tumor, or stroke. In primary headache disorders, there is no apparent underlying cause. Recurrent headache disorders impose a substantial burden on headache sufferers and on society. Epidemiologic studies are used to estimate the frequency, distribution, and burden of disease in the population. Widely used measures of disease frequency include incidence and prevalence. Incidence quantifies the number of new events or cases of disease that develop in a population over a defined period of time. Prevalence refers to the proportion of a population that has the disease over a given period of time. Prevalence is an important measure of the burden of disease.
Chronic Daily Headache and Tension-Type Headache
Authors: Markley Herbert G
Published: November 2023

Chronic daily headache (CDH) is a common disorder seen in daily medical practice, and it is even more commonly encountered in headache specialty practice. The spectrum of headache disorders producing CDH ranges from chronic migraine through chronic tension-type headache and off to more unusual disorders such as hemicrania continua and new daily persistent headache. Medication overuse headache, a secondary headache disorder, may worsen any of the primary headache types and complicate their management. Chronic daily headache is not a diagnosis specifically included in ICHD-II; rather, headache disorders that may have daily expression are scattered through- out the classification schema. Most chronic forms of headache also have episodic forms. Primary forms of chronic headache are without known cause—primary disorders in their own right (Table 5–1).
Classification and Diagnosis of Secondary Headaches due to Traumatic and Vascular Causes
Authors: Rapoport Alan M , Rapoport Mark J
Published: November 2023

Trauma to the head and neck occurs frequently and is a common cause of headache and neck pain. Vascular disease of the head and neck is a major cause of headache throughout the lifetime and more so in older age. Making an early diagnosis can be vital to the successful treatment of a patient. This chapter is divided into two sections: part 1 is devoted to trauma and part 2 to vascular causes of headache. Each part is composed of a listing of the ICHD-II criteria, with some authors’ comments about certain categories. Comments from the ICHD-II are in italics. There are plain films, MRIs, and CT scans interspersed, which the reader should be able to recognize as confirming particular diagnoses.
Classification and Diagnosis of Secondary Headaches: Altered Intracranial Pressure, Neoplasm, and Infection
Authors: McGeeney Brian E
Published: November 2023

A thorough familiarity with secondary headache etiologies is needed as the practitioner is faced with a multitude of secondary headache causes. The following chapter covers the secondary headaches in Sections 7 and 9 of the International Classification of Headache Disorders (ICHD), second edition. This chapter defines headaches from altered intracranial pressure and inflammatory, neoplastic, and infectious etiologies. Images are provided and diagnostic criteria from the ICHD are presented. It is worth keeping in mind that patients with an underlying primary headache disorder are often more likely to develop headache as part of other etiologies.
Treatment of Chronic Daily Headache
Authors: Sheftell Fred D
Published: November 2023

The above quote by our dear friend and colleague John Edmeads embodies the philosophy of this chapter, in that as David Sackett (the father of evidence-based medicine) stated, the best practice of medicine combines our clinical experience with the best evidence available. These concepts are especially true of the treatment of chronic daily headache of long duration, for there is minimal evidence for the treatment of these disorders, whether we use either the ICHD-II criteria or the Silberstein-Lipton criteria. As you will see, we can count the number of adequate randomized double-blinded placebo-controlled studies on one hand. Those of us who practice in a tertiary care setting or who have specialized in headache medicine truly have had to fly by the seat of our proverbial pants (or skirts) and rely heavily on our clinical experience, given the paucity of evidence in the treatment of very complex disorders and associated comorbidities.
Getting Started
Authors: Frankel Noralee
Published: November 2023

Louise’s mother wanted desperately to save her piano. While Rose Hovick was in labor to deliver Louise, the midwife tried to protect her from rain pouring in through a leaky roof by placing a canvas sheet over her. Rose saw her piano getting wet. “Hurry up and cover the piano,” she yelled. “Don’t mind us. You can always get more babies!” Even as the twelve-pound Louise struggled to escape her mother’s womb, she was given her first lesson in life. Her mother, Rose, believed passionately that material objects were more important than people. She even made her daughters into objects to achieve her desire for fame and wealth. First she would shift her aspirations to her younger daughter, June, and then reluctantly to her elder daughter, Louise. “We are the living flowers of mother’s thwarted hopes,” Louise once explained. Louise ultimately shared her mother’s goal.
The Rise and Fall of Louise Hovick
Authors: Frankel Noralee
Published: November 2023

The Hollywood that Gypsy entered in April 1937 had recently undergone profound changes. The full-length talkies, shown first in October 1927, were now entrenched. To help audiences forget about the Depression for a few hours, movie studios produced comedies such as It Happened One Night with Clark Gable and Claudette Colbert and musicals such as The Wizard of Oz. Women formed an increasing proportion of movie audiences, and studios sought to appeal to their interests. Studio heads looked to the stage for talent and signed performers from vaudeville and Follies acts. The Depression bankrupted some studios and strengthened the survivors, resulting in a major consolidation of the industry. Movies became big business. Studios grew cautious, resisting unionization, trying constantly to lower costs, and counting on the star system to make money. Although popular stars were paid well, actors had no influence on the roles they played and the movies they made. If actors refused to perform in a movie they felt was substandard, their contracts allowed the studio to suspend them without pay and prohibit them from working anywhere else. Through binding seven-year contracts, the studios dictated all facets of their stars’ lives, not least their images.
World’s Fair Stripper
Authors: Frankel Noralee
Published: November 2023

In early 1939, after her unsuccessful attempt at movies, Gypsy returned to New York City. New York saved Gypsy from Hollywood, furnishing different options for work, friends, and intellectual stimulation.

A reporter asked Gypsy if, back in New York, she was finished with stripping. “I don’t say yes to that,” she cautioned. Having left burlesque before, she knew that she had returned. She held no illusions about burlesque’s appeal, but Gypsy was aware how difficult it was for her to gain employment in legitimate theater.Upon leaving Hollywood, after her contract ended early, Gypsy repeated her favorite goal: to play “a straight drama, the one thing I’ve wanted to do all my life.”

Once in New York City, she was given her chance. In July 1939, she replaced the lead actress in I Must Love Someone at the Vanderbilt.The fictional musical was based on the backstage lives of the real Florodora Girls, who had sung “Tell Me Pretty Maiden” in hundreds of performances of the 1899 British musical Florodora. In I Must Love Someone, the girls’ main interests revolved around money and love.
On the Carnival Circuit
Authors: Frankel Noralee
Published: November 2023

Gypsy and the sexy, exotic painter seen in Life magazine, Julio De Diego, met at a friend’s party. Julio brought his delicious homemade paella. Since much of the dish had been consumed by the time Gypsy expected to eat, she complained to him. He recalled meeting a “beautiful girl whose black petticoat edged with red ribbons swirled at the bottom of her dress.” Such an outfit appealed to Julio because it showed Gypsy’s sense of flair.

Julio De Diego was born in Madrid in 1900. After his father opposed his desire to train as an artist and destroyed some of his early attempts, he left home at age fifteen to apprentice himself to an opera set designer. While still in his teens, he joined the military and served for three years in the Spanish cavalry. In North Africa an enemy wielding a saber wounded him (or so he told the press later, explaining his rejection from serving for the Allies during World War II). In 1924, De Diego immigrated to the United States, where he obtained citizenship in 1941. Soon after his arrival with twenty-five cents in his pocket, he spent ten cents for the elevator to the top of the Woolworth Building, the world’s tallest, and threw the rest of his money off the roof. “I wanted to start from scratch,” he explained. Experimenting with a new camera, Julio refused to read the instructions, saying, “I want to do it by instinct.”Julio’s spontaneity charmed everyone, particularly women.
Back Home
Authors: Frankel Noralee
Published: November 2023

On Christmas Eve 1952, Gypsy happily returned to New York City. She gushed that New York was “so alive and in the center of things.” Culturally, she preferred New York to Hollywood, which in her summation “TV and movies—that seems to be about the end of it.” She enjoyed New York’s theater and art galleries, and she met friends at its fine restaurants. Domestic life resumed; Gypsy visited her hairdresser, sent Erik to school, and dealt with her relatives.

When Gypsy and Erik arrived home, Julio was not with them for long. Gypsy’s stay in Europe weakened her marriage. As early as 1950, when Gypsy lived in New York, Julio had traveled to mount exhibitions of his work and to paint. Artists recalled Julio spending large amounts of time in an artists’ community in Woodstock, New York, sans Gypsy. In her journal, Gypsy tersely noted the number of days he stayed away. During her tour of Europe, their separations lengthened. Although he joined Gypsy and Erik in Spain, he returned to the United States months before they arrived in New York. In February 1952, June asked Gypsy about the truth of William Fitelson’s hints about the breakup of her marriage. Not unsurprisingly, Gypsy had confided her troubles to her lawyer before telling her sister. Gypsy and Julio obtained a divorce in Reno in 1955 on the grounds of separation for more than three years.
The Second Year
Authors: Llewellyn Karl N
Published: November 2023

When I met you at this time a year back you were apple green. The green, as I look over your expectant faces now, seems somewhat to have paled. And you seem larger. If one should bite you now, he would expect to find some signs of juice. Sour, quite sour, doubtless; but still, juice. Clearly, you hold some promise. But with that gain in size and juiciness under the benignant sunshine of the faculty have come responsibilities, and these responsibilities I would recall to your attention. Last year it was a question of what you had a right to expect from the second year class and of how to go about realizing those expectations. This year it is a question of what the first year class has a right to expect from you, and of your job in making real those expectations, whether or not these new cubs have the sense to run you up a tree and bay for information.

I want to remind you that a school is not made up of faculty, and that a legal education is nine-tenths and upwards a product of the student body. I want to remind you the incoming class is, if possible, even greener than yourselves were once. I want to remind you of the strangeness with which you gazed upon a casebook and wondered what in hell a brief might be, or what you were to do with the cases; of your utter lack of knowledge of the meaning of the law library, or of how to take the first step in its utilization; of the days when Corbin was only a name and a law review an unknown concept; when Law Examination was a stark specter, vastly terrible because it had not been experienced. I want to remind you, too, of the comfort that came when you did get some advice from somewhere in one of your perplexities, and of how much easier the first four weeks would have been if that advice had been frequent and ready.
The Evolution of the BIT Model Negotiating Text
Authors: Vandevelde Kenneth J
Published: November 2023

In early 1977, various State Department officials, particularly in the Office of the Legal Adviser and the Bureau of Economic and Business Affairs, began to discuss the initiation of a bilateral investment treaty program as a response to several different considerations. On March 7, 1977, the Legal Advisor and the Assistant Secretary for Economic and Business Affairs formally proposed to the Undersecretary of State for Economic Affairs the inauguration of the BIT program. Under Secretary Richard N. Cooper gave his approval on August 15, 1977, thus commencing a process of interagency consultations that eventually involved the Treasury Department, Commerce Department, Justice Department, and the Office of the United States Trade Representative (USTR) among others.

The first step was to develop a model draft of a treaty for use in negotiations. The use of a model agreement brings several advantages. It expedites negotiations by avoiding the need to prepare a new negotiating text for each negotiation and ensures consistency in U.S. policy over time. It also permits the United States to offer credible assurances to potential negotiating partners that they are being asked to commit to standards advocated by the United States on a global basis, rather than standards tailored to the particular partner. That is, the text proposed by the United States to one potential treaty partner is not less favorable than the text proposed to other potential partners. At the same time, it allows the United States to resist making concessions that deviate from the model on the ground that such concessions have not been offered or given to other countries.
The Expropriation Provision
Authors: Vandevelde Kenneth J
Published: November 2023

The U.S. government sought treaty protection against expropriation of property owned by its nationals but located in other countries as early as the mid-nineteenth century. FCN agreements of that period prohibited the seizure of “vessels, cargoes, merchandise and effects” of the other party’s nationals without payment of “equitable and sufficient compensation” or “sufficient indemnification.” Later treaties extended this protection to apply to property generally and, at times, required “full and just compensation, to be paid in advance.” Thus, from the beginning, U.S. foreign investment policy with respect to expropriation has focused on ensuring compensation in the event of expropriation.

Divorced from their historical context, the terms “equitable” or “sufficient” might seem to imply some level of compensation that was less than full compensation. As is discussed elsewhere, the international community, particularly in the 1970s and 1980s, debated whether customary international law requires full compensation for expropriation or merely some form of equitable or “appropriate” compensation. It appears always to have been the United States’ position, however, that compensation should be full.
The State-State Disputes Provision
Authors: Vandevelde Kenneth J
Published: November 2023

The United States has used arbitration as an important means of state-state dispute resolution virtually since it attained independence. The Jay Treaty, the 1794 Friendship, Commerce, and Navigation (FCN) Treaty between the United States and England, contained an arbitration clause that covered disputes involving, among other things, the confiscation of property. Between 1799 and 1804, that clause resulted in more than 500 arbitral awards.

The United States continued to use arbitration as an occasional means of settling property disputes throughout the nineteenth century. The United States–Mexican Mixed Claims Commission of 1868, for example, arbitrated more than 2000 claims between 1871 and 1876. One commentator has estimated that between 1829 and 1910, the United States entered into approximately 40 arbitrations with Latin American countries alone.
Tax Arbitration And Investor Protection
Authors: Park William W
Published: November 2023

Like fire and passion, taxation can bring ruin as well as blessing. Justice Holmes rightly observed that taxes provide the wherewithal for public benefits we associate with civilized life. However, fiscal measures also have a darker side, sometimes serving as a vehicle for indirect asset confiscation. In the oft-cited paraphrase of another American Supreme Court Justice, “The power to tax is the power to destroy.”
Making Investor-State Arbitration More Accessible to Small and Medium-Sized Enterprises
Authors: Caplan Lee M
Published: November 2023

Small and medium-sized enterprises (“SMEs”) are important, dynamic, and growing engines for foreign direct investment. SMEs are increasingly more active in the global economy, extending their production, sales, service, and research and development activities into foreign countries. Though SMEs typically make small investments on an individual basis, their collective efforts can be sizable, with substantial benefits for international development and cross-border prosperity. When investing abroad, SMEs, more so than larger enterprises, tend to transfer technology to developing countries and contribute to the local economy. SME investment is clearly on the rise—so much so that the United Nations Conference on Trade and Development (“UNCTAD”) concluded that SMEs have “major potential as foreign investors.”
The Quest For Principles Of Action In An Age Of Insecurity
Authors: O’Neill Philip D
Published: November 2023

Today, as in the savage past, conflict often blurs the principle of distinction between civilians and combatants. We in the U.S. again live in an age of insecurity where seemingly anyone may come under attack—anywhere, any time, with almost any amount of damage imaginable. Although the existential threat of Cold War nuclear confrontation between Super Powers is now largely dissipated, our national sense of vulnerability grew in the aftermath of the 9/11 attacks. In the second half of the 20th century, deterrence had protected some populations by effectively holding them hostage; our assured destruction helped to prevent it. But security as a “shared destiny”1 now yields to the principle of self-defense. Through such self-defense, “proportionate response” permits civilian “collateral damage” when militarily necessary in lawful attacks on targets.
When Push Comes To Shove
Authors: O’Neill Philip D
Published: November 2023

The interaction of international law and American use of military force abroad remains highly controversial. While United States declaratory policy of the early 1990’s aspired to a new, more peaceful world order divorced from threats or use of force in the post-Cold War world,1 the perceived need to intervene militarily soon became more rather than less apparent. The absence of Superpower restraints, which previously constrained local conflicts to prevent potential escalation, now permitted collisions born of historical or ethnic animus. The explosiveness of these confrontations increased with greater access to weapons and the means of delivery. These developments together enhanced incentives for the United States to project force abroad. Indeed, by the time of the 9/11 attacks, the United States already enjoyed substantial “freedom to operate” militarily in the aftermath of “deregulation” of the Cold War bloc system.
Genetic Dilemmas
Authors: Davis Dena S
Published: November 2023

What limits the genetic choices parents make for their children? Is it okay to select the sex of our children, or for deaf parents to select deaf children? In this second edition of Genetic Dilemmas, Davis argues that parental reproductive autonomy should be limited by respect for the future autonomy of the children created by these measures. Praise for the first edition: “A thoughtful, timely and comprehensive look at genetics in the modern era by a recognized scholar of both their legal and humanistic implications. An excellent read!” -R. Alta Charo, Professor of Law and Medical Ethics, University of Wisconsin-Madison. “Dena Davis has been the most consistent and important voice insisting that we take seriously the concept of each child’s right to an open future, and what respecting that right would mean for new technologies in genetics and reproduction. This engaging new book is the work of a thoughtful and humane scholar, and deserves a broad readership.” -Thomas H. Murray, President of The Hastings Center “Dena Davis offers an engaging, informative and provocative argument in Genetic Dilemmas. Her primary accomplishment is to draw much-needed attention to the interests of the child in reproductive decision-making...she has succeeded admirably.” -Mary Terrell White, Medical Humanities Review “People now face a dizzying array of choices about reproduction-from sex selection to cloning, from prenatal screening to genetic enhancement. In this engaging and path-breaking book, Dena Davis intelligently and compassionately explores the often-ignored impact of these choices on the children that are created and the society in which they will be raised.” -Lori Andrews, Professor of Law, Chicago-Kent College of Law
Introduction
Authors: Ribstein Larry E
Published: November 2023

You have probably seen firm names with strange letters after them—not the familiar Inc. but LLC or LP or the ambiguous Co. The letters are not just on cleaning company vans but more familiar firms, including Chrysler LLC and Sears Brands LLC (aka Sears Roebuck). You may have wondered whether the difference in initials signifies anything of importance. This book answers that question: Yes.
The Problems Of The Close Corporation
Authors: Ribstein Larry E
Published: November 2023

We saw in Chapter 4 that the corporate form rose in popularity in the nineteenth century to accommodate the large firms that drove the Industrial Revolution. This development is supported by the superficial logic that the durable, centrally managed corporate entity is better suited to large firms than the more intimate and transient partnership.
Polarization
Authors: Sunstein Cass R
Published: November 2023

What explains the rise of fascism in the 1930s? The emergence of student radicalism in the 1960s? The growth of Islamic terrorism in the 1990s? The Rwandan genocide in 1994? Ethnic conflict in the former Yugoslavia and in Iraq? Acts of torture and humiliation by American soldiers at Abu Ghraib prison? The American financial crisis of 2008? The widespread belief, in some parts of the world, that Israel or the United States was responsible for the attacks of September 11, 2001? And what, if anything, do these questions have to do with one another? Here is a clue. Some years ago, a number of citizens of France were assembled into small groups to exchange views about their president and about the intentions of the United States with respect to foreign aid.1 Before they started to talk, the participants tended to like their president and to distrust the intentions of the United States. After they talked, some strange things happened.
Good Extremism
Authors: Sunstein Cass R
Published: November 2023

It is obvious that extremism is not always bad. Sometimes extreme movements are good, even great. When people shift from indifference to intense concern with local problems, such as poverty and crime, group polarization is an achievement, not a problem. Barry Goldwater was correct to say that “extremism in the defense of liberty is no vice.” The American Revolution, the civil rights movement, and the fall of both communism and apartheid had everything to do with mechanisms of the sort sketched here. Once we acknowledge that extremism can be desirable, and that group polarization can move people toward engagement in solving serious problems, the analysis has to be modified. But how?
Military Commissions in U.S. History
Authors: Sulmasy Glenn
Published: November 2023

Beyond the uniqueue Colonial experience and the Founders’ intentions, military commissions have been used by American presidents numerous times over the past years. Field commanders or presidents in the War of 81 , the Mexican-American War, the Civil War, and the Second World War all used these procedures to try illegal belligerents for war crimes or crimes committed during periods of martial law. Although there are many examples available, the most celebrated and well-known military commissions employed during the nineteenth century were used by General Andrew Jackson, General Winfield Scott, and President Abraham Lincoln. All seemed to have acted upon the lack of specificity afforded by the existing statutes (articles of war) and the laws of war as well as past historical use to support their implementation of these military trials during ongoing armed conflict. These commissions, in various forms, were generally supported by the judicial branch and understood by most, if not all, to be a part of the American military jurisprudence.
The Second World War Military Commission—Ex Parte Quirin et al
Authors: Sulmasy Glenn
Published: November 2023

Military Commisions were also used to a limited degree in the 1898 Spanish-American War, particularly in the Philippines until the peace treaty was signed in April 1899 During this period, they were generally viewed as accepted legal practice during ongoing military operations (when conducted overseas). They were not, however, employed as part of the First World War. During the Second World War and its aftermath, military commissions were predominantly used to try illegal belligerents and to prose- cute war criminals. The two most noteworthy cases of this period were In re Yamashita and Ex Parte Quirin Although most of this chapter is devoted to reviewing the facts and issues confronting the Roosevelt administration in the Quirin case, it is still important to discuss Yamashita brie y at the conclusion. Although the Bush administration lawyers in the twenty- first century relied on Yamashita far less heavily than Quirin the case is still also cited as support for the use of military com- missions by the executive branch in times of armed conflict.
The Good War
Authors: Brewer Susan A
Published: November 2023

President Franklin D. Roosevelt declared that the United States was determined not only to win World War II but also to secure the peace that would follow. To win the war would be tough. By early 1942, Nazi Germany had conquered most of Europe. Following a surprise attack on the U.S. Pacific Fleet at Pearl Harbor in December 1941, the Japanese crushed the Americans in the Philippines and the British at Singapore. The United States began to mobilize, but it would be months before its forces were ready to take on the enemy. In the meantime, it counted on its chief allies, Great Britain and the Soviet Union, to carry on the fight. As for securing the peace, the Roosevelt administration planned to succeed where Woodrow Wilson had failed, by making sure that this time the United States would commit to the role of international peacekeeper. FDR was confident that the economic and military power of the United States would ensure its postwar dominance over the alternative agendas of its wartime allies. American internationalism presumed American leadership.
Related Civil Remedies: Administrative Penalties and Injunctions
Authors: O’Reilly Prof. James T
Published: November 2023

Civil penalties are monetary fines imposed by an administrative agency (or in some cases, by a court upon petition of an administrative agency) as a consequence of illegal behavior by a respondent, typically a corporation. Civil penalties are imposed either in addition to or instead of criminal sanctions.
Trusts in Latin America
Authors: Malumian Nicolas
Published: November 2023

As most of the legal systems in Latin American countries were based on European continental civil law, and in particular the French Napoleonic Code, it must be stressed that the Latin American trust did not derive from such system. The concept of the Latin American trust (called fideicomiso or fiducia) was not founded on Roman law antecedents but on an adaptation of the U.S. trust.
Belize
Authors: Malumian Nicolas
Published: November 2023

Although Belize does not qualify as a Latin American country because of its history, its official language (English instead of Spanish or Portuguese), and its English common-law tradition, it has been included in this book because of its location and the opportunity to make a comparison with Latin American trusts.
Brazil
Authors: Malumian Nicolas
Published: November 2023

The absence of a legal system to give certainty to the grantor and beneficiary’s rights (particularly in the case of bankruptcy of the trustee) has meant a stumbling block to its development because (a) it does not permit transactions with independent investors because personal confidence placed in the trustee is everything, and (b) for large-scale or long-term transactions the trust, being an unregulated transaction, becomes unfeasible. Therefore, administration trust is almost unknown as a vehicle for legal businesses in Brazil.
Ecuador
Authors: Malumian Nicolas
Published: November 2023

In Ecuador, there are three legal structures included under “fiduciary transactions” that should be considered when analyzing trust in this country. These are: trust regulated by the Civil Code (Civil Trust), fiduciary mandate, and trust regulated by the Commercial Code (Commercial Trust). Commercial Trust is the one that is most like the trust as it is know in common-law jurisdictions. Therefore, the characteristics and differences of these legal structures will be briefly discussed, and then the rest of the chapter will be devoted to the Commercial Trust.
El Salvador
Authors: Malumian Nicolas
Published: November 2023

Arias explained that despite the multiple ends the trust could serve, in El Salvador it encountered many legal limitations that prevented it from booming as it should, and some of them, mainly in the tax field, constituted veritable stumbling blocks to its development. Therefore, Salvadorian trusts face most serious limitations to an efficient expansion.
Paraguay
Authors: Malumian Nicolas
Published: November 2023

Unlike Argentina, Uruguay, and other South American countries where the 2001–2002 crisis—which entailed the fall of the financial system as a whole—created the conditions for the spread of the trust, in Paraguay the crisis affected the trust in an adverse fashion. The explanation is that mutual funds, which had been used until the crisis, were restructured (with heavy losses for the investors) based on the Trust Law. Furthermore because of the crisis, two companies in dire financial straits were administered through administration and guarantee trusts. These two trusts (called Caballeros Vargas and Pechugon ) are two successful cases of trusts, especially if it is considered that in one of them the first trustee was liquidated as a result of his own financial difficulties, and the trust was transferred smoothly to a second trustee who continued with the administration process in favor of the beneficiaries of the trust.
The Evolution of Certainty
Authors: O’Neill Philip D
Published: November 2023

In the post-Cold War era, the U.S. emerged from a military position of strategic parity to one of dominance. America’s national strategy is to maintain substantial advantages in military strength against potential foes. However, a recognized downside to U.S. relative dominance is that it impels others to seek to rely on WMD to counter that strength. In turn, America relies on its nuclear arsenal to deter any adversarial use of chemical or biological weapons. As the U.S. moves forward, exploring and evaluating nuclear and other arms-control agreements to serve its national security interests, America will continue to gauge treaty verification.
Stepchildren’s Memories of Love and Loss Men’s and Women’s Narratives
Authors: Daniel Gwyn , Thompson Paul
Published: November 2023

Our intention here is to explore the contrasting ways in which adult men and women recall childhood experiences of parental loss and transitions into life with a step-parent. I This exploration is part of a wider project on stepfamilies in Britain, ‘Growing up in Stepfamilies’.2 The research is based on life-story interviews with fifty men and women all born in one week in March 1958. They are a subsample of the whole cohort, who have been subsequently followed through their lives by the formal survey inquiries of the National Child Development Study.3 Those we chose to interview were all reported to have entered stepfamilies between the ages of 8 and 16.
The Politics of Atonement
Authors: Hilton Boyd
Published: November 2023

It is time to consider the impact of the evangelical ideology on politics and legislation. There is a problem in that public life cannot be explained in terms of ideology alone, and anyway there were competing ideologies which need to be taken into account. The picture that emerges here is inevitably distorted and partial, but it is an important picture nevertheless, since evangelicalism was as much a public ethic as it was a personal credo.
Medicine in View: Art and Visual Representation
Authors: Longrigg James
Published: November 2023

The visual legacy of Western medicine is richer than that for any other scientific or technical activity. A vast range of images has been generated both within the practice of medicine and by outside observers of medical practice. Every era and culture that has produced visual images concerned with the human condition in a social context has generated what may be called ‘medical art’.
The Growth of Medical Education and the Medical Profession
Authors: Rosner Lisa
Published: November 2023

Written records of the professional values governing the relationship between medical practitioners and their patients go back at least to Hip pocrates, and their ongoing acceptance can be seen in the modern use of the Hippocratic Oath. Professional values governing the relationship among prac titioners can also be found in the Hippocratic Oath, but those values have changed considerably over time. The modern idea of the medical profession as a unified fraternity can be traced to the emergence of the modern form of med ical education.
Notices
Authors: Spatz Nancy
Published: November 2023

The next colloquium of the International Commission for the History of Universities will be held in Montreal (Canada) in August 1995 in conjunction with the congress of the International Committee of Historical Sciences.
Suicide in the Middle Ages
Authors: Murray Alexander
Published: November 2023

`Suicide' and `the Middle Ages' sounds like a contradiction. Was life not too short anyway, and the Church too disapproving, to admit suicide? And how is the historian supposed to find out? Alexander Murray takes the last question first, as a key to the testing of all other assumptions. Examining a wide range of documents he shows that there were indeed suicides, of types and configurations astonishingly modern, if not in numbers per capita. As for reactions, they were of two kinds. One was to heap suicide with every imaginable curse, natural and supernatural, and the author's search for their religious, anthropological, and legal background leads far outside medieval christendom. However, he also uncovers a less negative reaction as, from the eleventh century onwards, medicine, psychology, poetry, and the pastoral priesthood charted ever more assiduously the terra incognita of suicidal emotion.
Social Foibles: The Interior Painters, the Illustrators, and Pavel Fedotov
Authors: Gray Rosalind P
Published: November 2023

The social structure of Russia until the reign of Peter the Great has often been interpreted as sharply polarized, with the land-owning aristocracy at one end of the scale, the serfs at the other and, compared to the rest of Europe, little in the way of middle-class definition in between-Russia’s so-called ‘missing bourgeoisie’. In the words of Nicholas Riasanovsky, ‘the development of Muscovy based on the service gentry and serfdom deprived the country of a middle class of any prominence-of precisely that Third Estate which was crucial to the Western Age of Reason.’ However, throughout the eighteenth century, the ‘middle’ element to Russian society became increasingly complex, not least amongst the foreign communities which arose following Peter’s efforts to Westernize his country, and in the various divisions in the Russian bureaucratic structure which appeared with the Table of Ranks in 1722.
Lord K.itchener and the Battle of Loos: French Politics and British Strategy in the Summer of 1915
Authors: Williams Rhodri
Published: November 2023

It is not only armies in battle, but also military alliances, which in wartime experience ‘frictions’ of the kind identified by Clausewitz. All alliances evolve as political and military circumstances alter. The emergence of new strategic opportunities or a shift in the relative balance of military power within the alliance can destabilize coalitions by producing unforeseen political tensions. So can changes within the internal political structures of alliance partners—whether autocratic or democratic—which disrupt the relationship between allied governments. Political pressures, electoral or factional, can force decision-makers to adopt revised priorities on issues of strategy and resource allocation. Alternatively, events can install an entirely new set of decision-makers with new priorities. In either case, the process of renegotiating these new goals with allies can threaten the cohesion of the alliance and weaken the commitment of one or other partner to its original cause. Of course, the damage to the alliance is far more abrupt if domestic political change in a belligerent country leads to its immediate unilateral withdrawal from the war, as happened in the case of Russia after the Bolshevik Revolution of November 1917. Because of their wider implications and disruptive potential, wartime changes in the domestic political situation of one belligerent Power are a matter of considerable interest and relevance to its ally or allies. Indeed, they can become a significant factor in the process of strategic decision-making within the alliance. The desire to avoid precipitating domestic political change in an allied state which might jeopardize the survival of the alliance can become a decisive factor in the outcome of strategic disputes.
Michael Howard’s Contribution to Historical Studies
Authors: Brock Michael
Published: November 2023

The earliest of Michael Howard’s works, written in collaboration with John Sparrow, The Coldstream Guards, 1920—1946, includes the following account of the attack on the ‘pimple’, north of Salerno, by the Third Coldstream on the night of 22 September 1943.
The University of Alcalá de Henares from 1568 to 1618: Students and Graduates
Authors: Pellistrandi Benoît
Published: November 2023

Between 1498 and 1517 the Cardinal Archbishop of Toledo, Francisco Jimenez de Cisneros, founded the university of Alcala on the banks of the Henares, some thirty kilometres north-east of Madrid. The site, at the heart of Castile, was central if austere. Surrounded by other foundations of the same period or a little earlier—Toledo, Seville, Granada, Onate, Osuna, Valencia, Siguenza—Alcala ‘s importance lay in the privileges and protections which it enjoyed and which were ratified by Pope Alexander VI and the Spanish monarchs Ferdinand and Isabella.
Trade, Industry, and Towns
Authors: Harriss Gerald
Published: November 2023

If agriculture provided English society with its subsistence, trade provided much of its wealth. England lay on the great maritime artery from Scandinavia to the Atlantic and Mediterranean, but what made it a natural entrepôt—second only to the Low Countries—was its production of wool. From early in the twelfth century English wool fed the rapidly developing cloth industry of Flanders, reaching a peak of some 39,000 sacks a year around 1310. The trade brought wealth to the producers and to the companies of Italian merchants which had the resources to handle its export and advance huge loans to the English Crown on its security. The ruin of the Bardi and Peruzzi which followed Edward III’s default on his debts in 1343, and the collapse of the syndicates of English merchants which sought to replace them, ﬁnally vested the monopoly of wool exports to Flanders in the Fellowship of English Merchants of the Staple at Calais.
The English in France, 1413–1453
Authors: Harriss Gerald
Published: November 2023

Conditions in 1413 appeared favourable for Henry V to renew war in France. Charles VI’s feeble kingship and the feud of Burgundy and Orléans had already invited Lancastrian intervention. In England the dynasty’s uncertain credentials would be fortiﬁed by consciously reviving the legal claims and chivalric tradition of Edward III on which Richard II had reneged. Henry’s leadership of a nobility of his own generation would reafﬁrm the role of the Crown and heal the political divisions of the last ﬁfteen years. Lastly, with the Welsh revolt subdued and the Scottish king a prisoner, foreign war was again feasible, while Henry’s dedication to a programme of good governance had won the approval of political society.
Conclusion
Authors: Harriss Gerald
Published: November 2023

To pass other than a negative verdict on a century that witnessed the deposition of two kings, the seizure of London twice by popular mobs, final and irreversible defeat in France, and the initiation of religious persecution might seem perverse. Yet the undoubted tensions to which these bear witness can be seen as marking the development from a feudally structured society to a politically integrated one. In these terms we may review the political, economic, and religious developments that have been discussed in this study.
The Crime of Self-Murder
Authors: MacDonald Michael , Murphy Terence R
Published: November 2023

Suicide was a terrible crime in Tudor and early Stuart England. Self-killing was a species of murder, a felony in criminal law and a desperate sin in the eyes of the church. ‘For the heinousnesse thereof’, observed Michael Dalton, ‘it is an offence against God, against the king, and against Nature.’ Suicides were tried posthumously by a coroner’s jury, and if they were convicted as self-murderers, they and their heirs were savagely punished. Their moveable goods, including tools, house hold items, money, debts owed to them, and even leases on the land that they had worked were forfeited to the crown or to the holder of a royal patent who possessed the right to such windfalls in a particular place. The suicide of an adult male could reduce his survivors to pauperism. Self-murderers were denied Christian burials; their bodies were interred profanely, with a macabre ceremony prescribed by popular custom. The night following the inquest, officials of the parish, the churchwardens and their helpers, carried the corpse to a crossroads and threw it naked into a pit. A wooden stake was hammered through the body, pinioning it in the grave, and the hole was filled in. No prayers for the dead were repeated; the minister did not attend. These rituals were occasionally modified or suspended, but some form of profane burial was routinely ordered in cases of self-murder.
Elite Opinions, Plebeian Beliefs
Authors: MacDonald Michael , Murphy Terence R
Published: November 2023

The philosophical debate over suicide has claimed the largest share of attention in historians’ accounts of attitudes to self-killing. And yet changing opinion was characterized less by growing assent to the arguments of the free-thinkers than it was by an increasingly sympathetic and even sentimental outlook. This shift in the educated elite’s feelings about suicide was expressed in a wide range of literary genres and public statements. Perhaps the most important vehicle for the new sympathy was the periodical press, and we shall devote a full chapter to the depiction of suicide in the newspapers.
‘An Unsettled and Vicious People’
Authors: Clark Jeffrey
Published: November 2023

For one who first arrived in Pangia five years after independence in 1975, colo nialism remains a difficult experience to imagine and write about. Many Christian missions were still operating in 1980, and indeed still arriving, giving a flavour of the colonial scene but nevertheless making it difficult to put oneself in the place of Wiru as they experienced its full onslaught. I remember walking through Gelote in 1992, an important Huli ritual centre once marked by a corridor of huge and majestic hoop pines, long since cut down by the Catholic mission for building purposes so that only their decomposing stumps remained.
Waiting for the Word, Walking in the Light
Authors: Clark Jeffrey
Published: November 2023

The majority of Wiru were aware of the existence of Christian missions before Pangia station was established in August 1961, and were also aware that, like their own cults, there were different varieties. Christianity remains to this day a plural experience in Pangia. At this early stage of colonial history Wiru were unsure of mission requirements and aims, although they knew that mission churches had similar concerns to local cults because of their talk about a spirit and its ability to enable healthy and prosperous lives.