bluuebunny/crossref_metadata_2025 huggingface dataset:
A Righteous Consensus, Whig Style
Authors: Marsden George M
Published: November 2023

By midcentury Jeffersonian “infidelity” was being outgunned across the entire front of American higher education. One index was that the most formidable intellectual strongholds of the day were theological seminaries. These schools were in the forefront of American professional education and offered about the only American opportunity for anything resembling graduate education. The leading seminaries, especially those in the Presbyterian-Congregationalist axis, published redoubtable and well edited theological quarterlies which were the forums for most of the nation’s major academic debates. The momentous struggle over Calvinism and its various modifications overshadowed everything else and preoccupied most of the ablest academic minds of the era. Despite the strengths of the theological enterprise, the perennial debates over Calvinism nonetheless signaled an intellectual sea change. Except within the Reformed (Calvinist) denominations themselves, it seemed as though everyone from Unitarians to populist revivalists was trashing Calvinists doctrines as absurd and unreasonably harsh in an enlightened and benevolent age.1 Even within the Reformed churches the shifting cultural sentiments were taking their toll by midcentury. The tradition’s most exclusivist versions, which had emphasized the totality of God’s sovereignty, were under widespread attack and beginning to give way to modifications more congenial to democratic ideals of free choice and moral responsibility.2 Some critics were challenging the theological profession as such. Harriet Beecher Stowe is a striking example. Tied to the theological heritage by birth and by marriage, yet as a woman excluded from formal theological education, Stowe did more than anyone to establish the novel as an alternative forum for religious debate.
American Practicality and Germanic Ideals: Two Visions for Reform
Authors: Marsden George M
Published: November 2023

Prophet of the Practical The evangelicals who dominated American higher education at midcentury confidently awaited the arrival of millennial days. One of the ways they resolved the problem of Christian particularism and American pluralism was with the promise, popular since the era of Edwards, that in the last days almost everyone would be converted to Christianity. History, then, would end with a final golden age, “the millennium.” This outpouring of the spirit in the greatest of all awakenings would be accompanied by human progress on every front, in science, technology, politics, and especially in morality. Nations of the world would learn liberty and justice for all, which was already best exemplified in Protestant lands. Oppression, slavery, and warfare would come to an end. Many of the signs of this millennial age were already present, and common speculation was that the new era might dawn soon after midcentury.“Our last thought is that the world is growing better,” wrote the famed New School Presbyterian pastor Albert Barnes, in “The Position of the Christian Scholar.” The advance of knowledge was one of the signs of the approaching golden age. During the Middle Ages, Barnes explained, science had been subordinated to theology. The Reformation, however, “broke the shackles which had bound the human intellect; [and] made men more independent in their scientific investigations.” The nineteenth century was now reaping the benefits. “[The Christian scholar’s] religion is accompanying the march of science around the world.” And “where Christianity prevails, there also civil liberty prevails.”2 Christian scholarship, including scholarship in political and natural sciences, promised to advance a new world order, and hence the kingdom. The increase in knowledge, however, was worth nothing without an increase in virtue. Otherwise, explained Francis Wayland, in the era’s most popular college text on Political Economy, “intellectual cultivation” will only “stimulate desire, and this unrestrained by the love of right,
The Christian Legacy in the Epoch of Science
Authors: Marsden George M
Published: November 2023

Tappan’s work would be carried on by disciples, even if not always in precisely the way he had envisioned. The best known of his proteges was Andrew Dickson White, whom Tappan had brought to Michigan to teach history in 1857. In the fall of 1863, during a long leave of absence to care for his health, White was elected to the New York Senate. He immediately took an interest in education in New York, his home state, and especially hoped to implement a longstanding dream of building a model university. White always revered Tappan as the founder of the modern American university and honored some of his ideals. In other respects, however, he was as much a disciple of Francis Wayland. Tappan had the professional scholar’s faith in the triumph of pure intellect. White was more the nineteenth-century gentleman scholar, who was just as interested in practical affairs, and also resembled Wayland in his commitment to egalitarian ideals. His university was thus substantially more dedicated to practicality than was Tappan’s.Nonetheless, White followed Tappan closely in one major respect. Like Tappan he was intensely dedicated to science and saw it as opposed to sectarianism and as the key to human freedom. White viewed Tappan as having been destroyed by sectarian attacks at Michigan,1 and the younger man would be preoccupied throughout his career by the horrors of sectarianism.
Harvard and the Religion of Humanity
Authors: Marsden George M
Published: November 2023

Once we have seen the extent to which the rest of New England’s higher education establishment moved in a functionally unitarian or even Jeffersonian direction as it adjusted to the demands and promises of a complex modern society, we can see one reason why by the end of the century Harvard could readily reclaim its national leadership. Of course its superior age and wealth, as well as the literary prominence of many of its graduates, guaranteed Harvard’s eminence. During the first half of the nineteenth century, however, Harvard’s Unitarianism had isolated it somewhat from the evangelicalism of national trends and by most measures it had fallen behind Yale and Princeton. But in the age of the university, as the winds of liberalism blew strong, the fact that Harvard had already tacked in the direction of liberal Christianity helped it to regain its position as a flagship setting the pace for a national educational ideology. Nowhere was the metamorphosis from old-time religious college to modern university more rapid or more dramatic than at Harvard. To paraphrase Henry Adams, Harvard in 1850 was in many ways closer to the Middle Ages than to the Harvard of 1900.1 At midcentury many of the forms of seventeenth-century Harvard-the tutors, the recitations, the discipline, the strong clerical presence, daily chapel, the classical curriculum-were still in place.
Holding the Line at Princeton
Authors: Marsden George M
Published: November 2023

At Harvard’s 250th anniversary celebration in 1884, the aging Oliver Wendell Holmes, Sr., of “One-Hoss Shay” fame and one of the great debunkers of the Puritan heritage, read a poem exalting how “Harvard’s beacon shed its unspent rays” to benefit other American colleges. Among Harvard’s beneficiaries was the College of New Jersey: “O’er Princeton’s sands the far reflections steal, Where mighty Edwards stamped his iron heel. ... “According to the Harvard story, Princeton’s president James McCosh left the festivities early in protest.1 McCosh indeed admired Edwards and saw his own work as continuing that of his famous forerunner.2 In any case Princetonians hardly welcomed being told that they needed Harvard’s “unspent rays.”Princeton is especially significant to the present inquiry because if a more traditionalist Protestant intellectual alternative to the emerging definitions of American academia was to survive at any major school, Princeton was the foremost candidate. All the other leaders in shaping university education moved in essentially the same social orbit. The major university founders, such as White, Gilman, Angell, and Eliot, kept in close touch and sometimes vacationed in the same vicinity in Maine.
A Church with the Soul of a Nation
Authors: Marsden George M
Published: November 2023

The Spirit of Protestantism The urgent wartime debates on the relation of educational philosophy to the survival of democracy I had their counterparts in institutional reassessments of what colleges and universities stood for. Many schools drafted a new statement of their purpose,2 though, as usual, these typically considered broad goals for their undergraduate programs only. By far the most influential such statement was the Harvard Report of 1945, General Education in a Free Society. Written by some of the best known scholars in the country, this two hundred-page volume set the standard for those seeking a middle ground among the contentious partisans. The Harvard Report suggested that Americans had not yet faced up to their educational revolution. Between 1870 and 1940 the American population tripled, but the number of students enrolled in secondary schools increased ninety times and those in colleges thirty times. The day was long past when higher education could be directed simply toward producing gentlemen and ladies; it would now have to be geared toward educating the democratic masses. This tremendous growth, along with the increasing social diversity of the groups being served and the vast expansion and fragmentation of knowledge complicated immensely the problem of reaching a consensus on the educational task. The Harvard committee took for granted that higher education should serve democratic or free society but was acutely aware of the lack of a center for this enterprise. In fact, the committee pointed out, the ideal of a free democratic society accentuated the dilemma. How could a democracy promote both loyalty and liberty? “A free society ... cherishes both toleration and conviction,” the committee reflected. “Yet the two seem incompatible.” Could they promote democracy without resorting to indoctrination that would undermine the very freedom that democracies held sacred? The Harvard professors considered and rejected four possible models for filling the “supreme need of American education . . . for a unifying purpose and idea.” Religiously based education was the first of these. The others were great books education, education organized around contemporary problems, and education based on pragmatic scientific method.
Introduction to Alternative Dispute Resolution and Arbitration
Authors: Macneil Ian R
Published: November 2023

ADR – Alternative Dispute Resolution – has for a number of years been one of the hottest of all hot topics in the legal academy. As with each new generation and sex, so too this academic generation and ADR: it thinks it discovered the whole thing. Like sex, how ever, ADR is as old as humanity itself, and the academic ADR movement is largely one of rediscovery by the academy. Although that movement has discovered nothing fundamental and new, its development has paralleled development of techniques outside the academy differing in important details from those commonly used in the past. The mini-trial in its many variants is an example of special new techniques involving either negotiation, mediation, or aspects of arbitration or all three.
After Adversity, Reform Triumphs
Authors: Macneil Ian R
Published: November 2023

The picture of the years 1920 through 1925 has thus far been one of unmitigated success for the reformers, with the pioneering New York statute starting the period and the United States Arbitration Act ending it. We now go back a bit to consider the one real setback the reformers encountered. The foundations of this setback lay in the forces behind the 1917 Illinois rejection of irrevocability of agreements to arbitrate future disputes.1 Illinois was followed in 1923 by its neighbor to the north, Wisconsin, which copied the 1920 New York act, “excepting only those sections ... which deal with written agreements to arbitrate future disputes.”2
Countercurrents: Neopaganism Refuses to Die
Authors: Macneil Ian R
Published: November 2023

We have already seen in action both simple resistance to change and active countercurrents to the reform movement. The former was manifested both by the long years of effort required for the early reform victories and by the almost complete dearth of new enactments of modern arbitration statutes from 1931 through 1956. The strongest of the active countercurrents we have seen was that leading from the 1917 Illinois anti-reform act to the nonmodern UAA (1924) and to the enactment of UAA (1924) in a number of states in the 1920s.
The USAA: The Campaign
Authors: Macneil Ian R
Published: November 2023

Part I described the rise of the modern state-federal system of arbitration law. It mentioned, but without detail, perhaps the most important event in that rise, the 1925 enactment of the United States Arbitration Act (USAA).1 We come now to a detailed ac count of that enactment, which will be followed by the story of what has happened to the USAA since then.
The USAA: Interpreted as Congress Intended
Authors: Macneil Ian R
Published: November 2023

The most important and the earliest of the commentaries on the new USAA came straight from the horse’s mouth the very next month after its passage. This was the A.B.A. Committee on Com merce, Trade and Commercial Law, writing in the March 1925 issue of the A.B.A. Journal. The committee first rang the church bells to celebrate its triumph, then presented a brief history of the act and a summary of its provisions. There followed a section headed “Legal Justification,” which was lifted almost verbatim from Julius Henry Cohen’s brief submitted to the joint subcommit tee. Since this language and its plain purport that the USAA governed only in federal courts has already been discussed, it is unnecessary to repeat the analysis here.
The USAA: As Amended by the Supreme Court
Authors: Macneil Ian R
Published: November 2023

In 1938 the Supreme Court handed down its landmark decision in Erie RR. v. Tompkins (U.S. 1938) overruling Swift v. Tyson (U.S. 1842) and requiring federal courts to apply state substantive law in diversity of citizenship cases, rather than federal common law. This notable case, however, gave every appearance of being a non event in the history of the USAA. The USAA was a statute aimed at governing the procedure in federal courts, not the substantive law those courts applied. The act did not therefore depend upon the continuing validity of Swift. Moreover, Erie constituted a reduction rather than an increase in federal power. It thus appeared at first, if anyone bothered to think about it, that Erie would have no effect on the USAA. In diversity cases concerning transactions not involving commerce, the USAA was generally thought to be inapplicable by its terms.4 In diversity cases concerning transactions involving commerce, the USAA appeared undoubtedly to be applicable.
The Legal Consequences
Authors: Macneil Ian R
Published: November 2023

Encapsulated in their entirety, the changes achieved by Prima Paint, Southland, and their kin constitute a transformation of the USAA worthy of the best of medieval alchemists. From birth through its first thirty-five years or more, the USAA was a procedural statute applicable only in the federal courts. As such, its constitutional basis lay in congressional power to regulate procedures in the federal courts, rather than in its power over commerce. Thus the provision in section 2 relating to commerce was a limitation, rather than the foundation of the statute. It was a severe limitation; what constituted a transaction involving com merce within the meaning of the USAA was viewed narrowly, even after the great judicial expansion of the commerce clause in the 1940s.
Internationalization
Authors: Macneil Ian R
Published: November 2023

In 1922, the New York Chamber of Commerce, which had been a driving force in the enactment of the 1920 New York act, collabo rated with a committee of the American Bar Association to draft a model arbitration treaty. The model treaty was the third of the three reform measures intended to transform the American law of arbitration, the others being a Uniform Arbitration Act3 and the United States Arbitration Act.
The National Question, Secession and Constitutionalism: The Mediation of Competing Claims to Self-Determination
Authors: An-Na’im Abdullahi Ahmed
Published: November 2023

For better and for worse, the nation state1 is now the funamental reality of both domestic and internationl political organization, and is likely to continue to be so for the foreseeable future. Yet, to think of a “nation” as a people of single ethnicity and culture, as is often, done limits our understanding of what a nation is, and forecloses the possibility of thinking realistically about the status of minorities within nations; it is very rare for the population of a nation state to consist of one nation in this sense. In the vast majority of countries, especially in Africa, the population of the nation state consist of several “nations”; a description of these entities as nation states tends to express an ideal of total national integration and unity, which may not be as desirable as it is often assumed. The nation state usually subsumes many “nations,” some of whom dominate and oppress others; and the ideal integration and unity often imply the assimilation of the minority peoples (who may be, in aggregate, the numerical majority of the population of the state as a whole) into the dominant culture.
Uses and Usurpation of Constitutional Ideology
Authors: Coomaraswamy Radhika
Published: November 2023

On January 2, 1988, the second executive president of Sri Lanka took his oaths of office. From the sacred octagonal of the Dalada Maligawa (the temple of the Buddha’s tooth), in the presence of the Buddhist clergy, he swore to uphold and defend the Constitution of Sri Lanka. The president paid traditional obeisance to the relic, and to the clergy. His speech, however, reflected the cirsis of our times, the problems of pluralism, of constitutional liberties, and of geopolitical realities. The event was of historic significance because the president, whose origins in other than the traditional elite, was ritually reenacting the legitimation rights of the ancient kings, in whose day he would have been denied access to the inner sanctum of the temple.
Social Movements and Constitutionalism: The African Context
Authors: Mamdani Mahmood
Published: November 2023

Are human rights a western invention? Is the very conception and accompanying notion of constitutionalism a legal process that sets definite limits on the exercise of political power, specifically inventions of the seventeenth-century enlightenment philosophers, and ideological products of the French and the American revolutions? And thus, is any talk of human rights in Africa tantamount to a mechanical import of a western bourgeois ideological conception without the struggles and the relations that gave rise to it in the first place? if one ignores this daily, universal fact of revolt. Only those aware of rights infringed and dignity flouted can be indignant. Only by remaining silent about this commonly experienced fact, or by considerably reducing its implications, is it possible to make human rights an invention of Western culture.
Providing for the Common Defense: What Latin American Constitutions Have to Say About The Region’s Armed Forces
Authors: Rial Juan
Published: November 2023

The countries of Latin America, with the exception of Mexico, retain constitutions that resemble those found in the liberal states of the west; in fact, these early documents were based on European conceptions of constitutionalism, implying ongoing legislative control over the actions of the executive as well as a lasting commitment by the legislature to administer order in such a way as to prevent the violation of its ules.1 The approach to constitutionalism in Latin America is based on the European theory of the etat de droitand the practice of the German Rechtstaat,which differs considerably from the Anglo Saxon tradition of rule of law.
Parliamentary Democracy in Europe 1992: Tentative Questions and Answers
Authors: Weiler Joseph H H
Published: November 2023

In December 1990, the governments of the member states of the European Community (EC) opened two Intergovernmental Conferences representing a new stage in the process of European integration. One conference will deal with the move to full economic and monetary union and the other witn further steps toward European political union. Thus, the community is planning its post-1992 destiny, after the achievement of the single market. Central to the discussion of institutional change in this post-1992 destiny will be the question of the powers and functions of the European Parliament and the democracy deficit of the community.
The Necessity and Impossibility of Simultaneous Economic and Political Reform
Authors: Elster Jon
Published: November 2023

In eastern Europe, including the Soviet Union, many countries are currently trying to establish economic and political regimes that will guarantee individual rights, ensure popular participation in decision making, and generate equitable economic growth. Within a few years, China may try to follow the same path. Although disagreement may arise over the precise institutional design that would best promote these goals, there is a broad consensus concerning the basic ingredients that will have to go into any such system: constitutional democracy, competitive markets, and a welfare state. My concern here is not to discuss the issue of optimal design. Rather, I want to discuss a question that, from the practical point of view, must be prior to that issue: assuming that we identified the optimal system, how could it be brought about? Or, in other words, how to get from here to there?
Iberian Case Study: The Constitutionalism of Democratization
Authors: Tura Jordi Sole
Published: November 2023

The notion of an “Iberian Case” is a somewhat eccentric one. Of course, Spain and Portugal are geographically close and, at first glance, their similarities are marked: both countries were subdued by dictatorships through the same periods of the present century, both experienced important processes of transition from dictatorship to democracy in basically pacific modes and in the same decade, and both entered the European Economic Community at the same time. Further, the modern political history of both countries demonstrates an astounding set of parallelisms: the source of the first Portuguese Constitution (1822) is the first Spanish Constitution of 1808; the nineteenth-century civil wars between abso lutists and liberals are parallel processes; the dictatorship of General Primo de Rivera in Spain corresponds to the military dictatorship in Portugal before the Estado Novoof Oliveira Salazar; and the “revolution” of April 1974 in Portugal and the Constitution of 1976 are immediate precedents of the beginning of the transition and the constitutional process in Spain.1
The Role of the State: Contradictions 1n the Transition to Democracy
Authors: Kolarska-Bobinska Lena
Published: November 2023

The evolution in east European countries is usually analyzed as a movement on an axis with the market and democracy as one of its poles. That analysis places the transition period on that axis and perceives its solutions as functional to the goal. I shall argue, however, that this period has a dynamic and logic of its own, which evoke tendencies contradictory to the logic of the market and democracy.
Rule by Law in East Central Europe: Is the Emperor’s New Suit a Straitjacket?
Authors: Saj6 Andras , Losonci Vera
Published: November 2023

This chapter analyzes the new legalistic trends developing in east European socialist countries, considering events in Czechoslovakia, in Hungary, and in Poland; it only occasionally refers to Rumania, Bulgaria, Yugoslavia, and the Soviet Republics. Repudiating the earlier system, emerging leaders promise a liberal legal system. It is not clear, however, whether the attempts to create this new legal framework aim at establishing a rule by law or a rule of law system. Rechtsstaatand rule of law are used as having separate meanings. Rechtsstiiat /ichkeitis the functional equivalent of the rule in a society such as Germany where the state and its bureaucracy play a more prominent role than these institutions had in the formative period of the rule of law tradition in Anglo Saxon countries. The role of the judiciary also differs.
Latin America: Constitutionalism and the Political Traditions of Liberalism and Socialism
Authors: Boron Atilio A
Published: November 2023

It is impossible not to be shocked by the wide gap dividing Latin America’s history of constitutions and the weakness of its constitutionalist tradition. In this sense I would say that the concrete operation of constitutionalism in Latin America has largely been a fraud. The record on the continent since independence is layered with constitutions tailored to please the ambitions of the powerful and marked by the utter inability to provide for the establishment of a vigorous constitutionalism.
Not by Politics Alone: Unwrapping the Revolution of 1989
Authors: Weigel George
Published: November 2023

The collapse of the communist regimes in central and eastern Europe and their replacement by democratic governments in Poland, Hungary, the German Democratic Republic (GDR), and Czechoslovakia dramatically changed the face of the twentieth century. Moreover, the Revolution of 1989 was the work of courageous men and women who self-consciously identified their cause with the larger cause of human freedom: by which they meant the political values whose protection had been understood, since 1945, to have been the special charge of the countries called “the West.” And yet in the United States, and more generally throughout western political, media, and academic circles, there has been a curious lack of agreement on the sources of the Revolution of 1989: the combination and correlation of forces that led (nonviolently no less) to what had long seemed so difficult as to be virtually impossible—the disintegration of Stalin’s post–World War II empire, and the return of what used to be called “captive nations” to the house of Europe. Indeed, and judging from the timorous reactions of many in its political elite, the West has barely begun to grasp the very good news that the Revolution of 1989 happened. But it has not even begun to grapple seriously with the questions of why the revolution happened, when it did, and how it did.
The Wojtyla Difference
Authors: Weigel George
Published: November 2023

His motto, Totus tuus (“All yours”), reflects his dedication to the Blessed Virgin Mary who stands beneath the cross of the Christ on the shield of his papal coat of arms. But the distinctive ministry of Karol Wojtyla, the pope who came to Rome armed with a heroic hope, might also be captured by another Latin phrase: Nolite timere, “Be not afraid!”, the words spoken by Jesus to his apostles during the storm on the Sea of Galilee (Mark 6.50). Three times during his first great sermon on October 22, 1978, at his solemn installation as bishop of Rome, John Paul II repeated that call to conscience and courage: “Be not afraid!” The message rang true because it was drawn from a deep well of personal experience and conviction.
Czechoslovakia: A Church Reborn in Resistance
Authors: Weigel George
Published: November 2023

Václav Havel, playwright and quondam antipolitician chosen president of Czechoslovakia in 1989, has been celebrated throughout the world as the author, director, protagonist, and impresario of the Velvet Revolution in his country. And with good reason, for his leadership, which reflected widespread respect for his personal integrity, was indispensable. Havel showed great political skill in November and December 1989. But he also defined the moral nature of the revolution in exquisitely apt terms, as he had once defined with insight and literary elegance the moral corruption that was the essence of the communist system overthrown by the revolutionaries of the Magic Lantern Theater.1 Still, Václav Havel would probably acknowledge that, like Churchill, his was the voice that gave the roar produced by a lion greater than himself. A significant part of that roar came from an institution once thought to have been tamed by the communists into an aging and domesticated house cat without will, tooth, or claws: the Roman Catholic Church in Czechoslovakia.
The Dual Meaning of Religiosity: Women, Men, and Morality
Authors: Sered Susan Starr
Published: November 2023

This chapter continues to investigate the ways in which women maneuver upon the stage of patriarchal religion. Examining how the women of the Day Center perceive male and female religiosity and how they describe the perfectly religious woman and the per fectly religious man, we shall see that they interpret the essence of religious activity [mitzvah1] in light of their domestic religious concerns. In discussions with the women, they consistently spoke of religion for women as equating religion for humans, while men ‘s religion stood in contrast to both.
From the Female Perspective
Authors: Sered Susan Starr
Published: November 2023

Both the rabbi and the rabbanit who teach Judaica lessons to the audience at the Day Center present the normative Jew as male. In her lessons the rabbanit frequently says things like, “We should not have sexual contact too frequently with women. “ Now, her au dience is entirely female, and it is unlikely that Rabbanit Zohara intends to preach against homosexuality. Rather, she chooses to identify herself with the brand of Judaism that defines maleness as normative and femaleness as “Other. “ On one occasion she told the women that “everyone should learn Torah everyday. “ Her audience, being illiterate and female, could not possibly be expected to be come Torah scholars. Rather, she has described the “Jewish “ norm of Torah study, which in reality is a male norm.
Ritual Expertise in the Modern World
Authors: Sered Susan Starr
Published: November 2023

A number of studies have noted the effects of modernization upon the lives of women.1 As the traditional extended family disinte grates and wage-labor replaces reciprocity, women often lose the power that derived from their traditional social and economic expertise and from their kin- and village-based support networks. In this chapter I ask how modernization affects women ‘s religious lives. This question has received little attention in studies of religious change, which have looked almost exclusively at men ‘s experiences.2 At the time of my fieldwork, the female-oriented religious traditions of the Day Center women were deeply threatened both by modern secular culture and by the masculine, Ashkenazi religious establishment in Israel. Despite the rather vulnerable status of women ‘s religion, the Day Center women felt that modern Israel provided them with new and meaningful opportunities for religious expression. Their interest in novel religious activities, however, was tempered by their awareness of the decline of other of their rituals.
General Order 40 and the Emergence of Commercial Broadcasting, 1925-1930
Authors: Mcchesney Robert W
Published: November 2023

The roots of the battle for the control of U.S. broadcasting lay in the 1920s. This chapter reviews the major developments of this decade, first looking at the nature of U.S. broadcasting as it emerged in the years 1920-1927, and then discussing the deliberations surrounding the passage of the Radio Act of 1927. The chapter concludes by evaluating the important general reallocation of the airwaves instituted by the Federal Radio Commission (FRC) in 1928, which effectively laid the foundation for the future of U.S. AM radio broadcasting. The general reallocation also provided the spark to the movement that arose to do battle with commercial broadcasting in the United States in the early 1930s.
1930-Summer I 932: The Battle on Capitol Hill
Authors: Mcchesney Robert W
Published: November 2023

The first wave of broadcast reform activity took place between 1930 and 1932 and was directed toward having reform legislation passed by Congress. The reformers came to Washington full of outrage for commercial broadcasting and optimism regarding the prospects for reform. This chapter will chronicle and evaluate their efforts and also discuss the controversy surrounding the ABA Standing Committee on Communications, which emerged as a significant opponent of broadcast reform in Washington during this period.
January 1935 and Beyond: The Ideological Consolidation of the Status Quo
Authors: Mcchesney Robert W
Published: November 2023

In the period following the FCC report to Congress in January 1935 the remainder of the broadcast reform movement lost its momentum and collapsed. Moreover, with this collapse, there was little opposition to the widely disseminated promotional claims of the commercial broadcasters that their control of the ether was innately democratic and American; indeed, that no other system could even be conceivable to a freedom-loving people.
Skin Grammar: Cattle Branding and Symbolic Wounds
Authors: Allmendinger Blake
Published: November 2023

Today, if one were to look at the West from an aerial view one would see a series of tortuous but well-reasoned labyrinths: branding chutes surrounded by metal holding pens, metal holding pens enclosed by wooden corrals, and wooden corrals encompassed by miles of barbed-wire fences, all of which chart the mazes through which the livestock must pass as it moves around, across, or through a cattleman’s property. In the early and mid-nineteenth century, however, ranching took forms that were less physically rigid. Pastures were unfenced, and ranchers were apt to let their herds mix with one another, using only cattle brands to mark and define moving objects that strayed and intermingled with other ranchers’ animals. Inscribed, branded herds moved like floating texts across open ranges, but no matter how far they roamed, they always bore signs of ownership, enabling ranchers to identify and reclaim their cattle (from the word chattel, meaning “property”). Fencing open ranges in the late nineteenth century, ranchers later penned in their herds, preventing their cattle from escaping or being stolen by demarcating their land and the livestock that grazed on it. Now, in the twentieth century, even though branding still ensures ownership, cattle brands no longer play an important role in parceling out property fences do. Even before cattlemen textualize property, branding and encoding it with hieroglyphic signs of possession, they distinguish their land and the living chattel that inhabit it by erecting strongly built fortifications that barricade herds and keep them from wandering. Transferring animals from large, faraway pastures into smaller corrals built close to home, herding them out of these smaller corrals into holding pens, pushing them out of these holding pens into channels that feed into branding chutes, squeezing them out of these branding chutes into caged
Dual/Dueling Identities: Rustlers and Cowboy Detectives
Authors: Allmendinger Blake
Published: November 2023

On its way to Count Dracula’s castle, Jonathan Harker’s train stops at a station. While looking at the Transylvanian peasants on the train station’s platform, Harker sees the Slovaks and describes them as a group of “harmless” barbarians, wearing boots and “cow-boy” hats on their heads (Stoker 3). Later he learns that the ‘ ‘harmless’’ cowboys work for the count and that they have shipped him in his coffin to England (45-46, 55), where Dracula plans to infect new victims and establish a new kingdom of slaves.
Godel’s Gabelsberger shorthand
Authors: Dawson Cheryl A
Published: November 2023

Issues Discussions of the Nachlass of Kurt Gödel often lead to questions about the shorthand he used. Quite a few stories have grown up around it: e.g., that it was a personal code that must literally be deciphered, or that Gödel used it to conceal what he wrote from other people. The myth of a personal code can be dispelled quite easily. The system he used, called “Gabelsberger”, was once a standard system in Austria and Bavaria, indeed in most of southern Germany. Gödel learned it in his Gym nasium in the school years 1919-21, just before it was supplanted by the Einheitskurzschrift, a unification of several shorthand systems which had been competing for domination in Germany and Austria.
Introductory note to *1933?
Authors: Halperin Israel
Published: November 2023

This manuscript gives a compact, correct proof of the theorem of Paul Levy and Ernst Steinitz which generalizes to n-dimensional real vector space a classical theorem of Bernhard Riemann on conditionally conver gent series. The manuscript was found with many blanks for formulae not filled in and without bibliography; it is not clear whether Gödel meant this manuscript for ultimate publication or whether he had actually read the relevant references.
Self-Regulation
Authors: Abel Richard L
Published: November 2023

One of the hallmarks that distinguishes a profession from other occupations is the power and practice of self-regulation. We saw in Chapter 5 that the legal profession used this privilege largely to dampen competition, until its restrictive practices were struck down by external authorities. The content of the ethical code and the nature of its enforcement both reflected jockeying among lawyers for competitive advantage.1 Self-regulation also helped stave off state regulation. Despite the importance of self-regulation to the professional project, however, lawyers were in no hurry to construct the necessary institutional framework.
How Successful Was the Professional Project?
Authors: Abel Richard L
Published: November 2023

During the last hundred years, American lawyers have been quite successful in controlling the production of producers and by producers of legal services. It has become progressively more difficult to enter the profession, and competition from laypersons and among lawyers has been significantly dampened. An integral part of this professional project was the attempt to construct an image of the lawyer as a professional by defining who could become lawyers and by shaping their behavior. In the last two decades, the legal profession has adopted another strategy-demand creation-to enhance the status of lawyers, bolster the legitimacy of the legal system, and generate more work for their growing numbers, as well as to express lawyers’ altruistic impulses and commitment to social change.
Reading Feminist Readings: Recuperative Reading and the Silent Heroine of Feminist Criticism
Authors: Kaplan Carla
Published: November 2023

Thirty years ago, Tillie Olsen presented a passionate case for feminist criticism as a corrective to cultural silencing. Delineating the “unnatural” silences characteristic of all creative endeavor but particularly definitive of women’s writing, Olsen described the unnatural thwarting of what struggles to come into being, but cannot ... hidden silences; work aborted, deferred, denied-hidden by the work which does come to fruition . . . censorship silences . . . the silences where the lives never came to writing. Among these, the mute inglorious Miltons: those whose waking hours are all struggle for existence; the barely educated; the illiterate; women. Their silence the silence of centuries as to how life was, is, for most of humanity.
Silences in the In-Between: Feminist Women Critics and the Canon
Authors: Sensibar Judith l. , wittenberg judith bryant
Published: November 2023

In an article entitled “Feminism and Faulkner: Second Thoughts,” Minrose Gwin asked “whether feminists who do feminist criticism should do it with texts of canonical male writers” and, specifically, whether “we as feminist readers benefit from reading Faulkner” (Gwin 1991). While Gwin noted that her own 1990 study, The Feminine and Faulkner, read Faulkner as a writer who has much to teach us about the ways in which women are silenced and about the workings of power and dominance, she nevertheless questioned the “authenticity” of his female characters and concluded that feminist readers looking for depictions of female growth and development and for “authentic female subjectivity” must turn to the work of women writers. Gwin’s provocative questions form the starting point of this essay. Although our conclusions differ from hers, we, too, as feminist critics who work on Faulkner, are pondering these questions in an attempt to come to terms with our own uneasiness as to whether we have-or ever will have-reconciled our feminism with the implications of having concentrated for more than a decade on a writer often regarded as one of the most misogynist figures among those creators of what Judith Fetterley calls “the masculine wilderness of the American novel” (viii). Any woman working on Faulkner-and the feminist woman Faulkner critic in particular-confronts a particularly vexing set of problems and doubts. We realize that many of these problems and doubts are similar to those faced by women working elsewhere in the challenging “masculine wilderness” of the American canon.
The Romance of Self-Assertion
Authors: Ramsey Bennett
Published: November 2023

What is good? All that heightens the feeling of power, the will to power, power itself in man. What is bad? All that proceeds from weakness. What is happiness? The feeling that power increases-that a resistance is overcome. Not contentment, but more power; not peace at all, but war; not virtue, but proficiency (virtue in the Renaissance style, virtu, virtue free of moralic acid). The weak and ill-constituted shall perish; first principle of our philanthropy. And one shall help them to do so.
Introduction
Authors: Charles Wallace
Published: November 2023

who is Susanna Wesley? The quick and obvious response is John Wesley’s mother, the woman behind the founder of Methodism in eighteenth-century England. True as far as it goes, this answer nevertheless limits her appeal to a smaller audience than she deserves. Moreover, it perpetuates the assumption of her own day that a woman’s identity derives from her relationships with close male relatives. It would be a pity if late-twentieth-century interpretation would follow late seventeenth-and the early-eighteenth-century commonplace and represent her only as the daughter of a prominent Nonconformist minister, Samuel Annesley; as the wife of an Anglican priest who never quite became prominent, Samuel Wesley; and as the mother of Methodist founders John and CharlesWesley, whose undeniable prominence first brought her widespread recognition. Of course, in her day such relationships were underwritten and carefully constructed by contemporary piety, and how much more so for a woman attached to clergy in all demographic directions. Today piety continues to be part of the reason her identity is still dependent on the men in her life. But another factor in our less religious age is the practice of history, which has made useful beginnings but has still not succeeded in recovering the stories of all the notable women or in fully describing women’s experience in the past.
Religious and Sexual Politics Yarborough and Hickes Correspondence
Authors: Charles Wallace
Published: November 2023

The earliest extant Susanna Wesley letters stem from 1702, when she was a young wife of some 13 years, mother of six children, and for some five years the mistress of the Epworth rectory. They record the political quarrel that for six months disrupted her marriage. At issue was the legitimacy of William Ill’s claim to the English throne. While most, Samuel Wesley included, supported his reign and the “Glorious Revolution” that brought him to power, a small, conscientious minority refused to take an oath to him and his consort, Mary, on the grounds that the deposed James II remained king by divine right. As these letters show, Susanna Wesley put herself in that camp, writing to two members of the church’s Nonjuring party for advice in her domestic dispute.
A Rich Brother 1n India
Authors: Charles Wallace
Published: November 2023

The Wesley family was often in financial straits. To begin with, there were many mouths to feed and bodies to clothe, and the Epworth living, even when augmented a few years later with the nearby parish of Wroot, did not always provide enough to meet the family’s needs. The rectory fire of 1709 did not help. Samuel Wesley, moreover, was neither a good businessman nor politically astute, thus ex acerbating the problem. As efficient a household manager as she was, there were times when Susanna despaired of making ends meet. Some of the more interesting entries in her devotional journal are the record of her vows with God, promising increased piety in return for the necessities of life for herself and her children.
Distinction at Oiford, Scandal at Home
Authors: Charles Wallace
Published: November 2023

young John Wesley soon crossed clerical and academic thresholds. On 19 September 1725, Dr. John Potter, bishop of Oxford, ordained him deacon, and the following spring, 17 March 1725/26, he was elected fellow of Lincoln College, to the great delight and relief of the family. Susanna, for one, was ready with advice in her letter of 30 March 1726, about how her son should deal with his newfound “riches.” Nevertheless, despite these new attainments and responsibilities, he remained “Dear Jacky” to her, as she continued to fill her letters with theological counsel. Though the young don did not always put the details into his letter book, he did transcribe the authors she discussed for his benefit: Berkeley, Pearson, and Fiddes in the 10 November 1725, letter (in addition to an intriguing, but long, discourse on religious zeal) and Norris on love in the 30 March 1726 letter.
More Advice, More Concern
Authors: Charles Wallace
Published: November 2023

In this set of letters for 1734 and early 1735, the aging Susanna Wesley continues to provide counsel to her correspondents (including, in the first one, a person not of her family) and to discuss important events within the family circle. Perhaps reflecting on her husband’s deteriorating condition and intimations of her own mortality, she also falls into paragraphs of devotional rapture, reminiscent of pages in her journal.
Introduction to the Journals
Authors: Charles Wallace
Published: November 2023

Setting aside three periods of meditation at the beginning, middle, and end of a busy day was a typically Puritan approach. So, too, was the recording of spiritual questions and insights in a devotional diary, a custom followed by various members of the Annesley and Wesley families, both Anglican and Nonconformist. Her emphasis on the sabbath (see entries 165-168) also exemplified her Puritan background.1 However, her spirituality was eclectic enough (paralleling English spirituality in general at the time) to draw also on method and content from other strands of Christianity. The devotional journal may have been a Puritan substitute for the confessional, but Anglicans also kept them.
“You Write What Is Familiar to You by Practice”
Authors: Charles Wallace
Published: November 2023

At the center of this chapter is Susanna Wesley’s longish reflection (56) on the writing she had planned as part of her children’s education. Here she lays out both the discouraging factors weighing against the project and the more compelling reasons why she must carry on with it. By the meditation’s end, her sense of duty and her faith, “familiar to [her] by practice,” have convinced her of the plan’s importance. Another entry (47, dated 17 May 1711) serves as a concrete example of her teacher’s calling and has provided grist for the mythologizing of John Wesley’s early life. Her intention to “be more particularly careful of the soul of this child” may or may not set apart “S[on]. J[ohn].” for special care; it certainly illustrates the devotional seriousness with which she undertook child rearing as a path of service, a vocational identity.