bluuebunny/crossref_metadata_2025 huggingface dataset:
The Democrats
Authors: Browder Glen , Cho Yong Hyo , Cronin Thomas E. , Dubnoff Caren , Jackson John S. , Johnson Donald Bruce , Kahn Bob , Lawrence David , Rakove Milton , Ritt Leonard G. , Simon John W. , Sipress Morton , Williams J. Oliver
Published: April 2006

I must admit that, after more than a decade of teaching and researching political parties, I found being selected to and participating in the 1980 Democratic National Convention an exhiliarating experience.

The Alabama delegate-selection process was a very competitive primary with extensive activity by the Carter and Kennedy organizations and by the individual delegate candidates. In varying degrees, the delegate candidates stumped their constituencies with personal appearances, letters, rallies, sample ballots, newspaper ads, group endorsements, and assorted other campaign gimmicks.

The selection process consisted primarily of a statewide primary (1) to allocate Alabama's delegates and alternate delegates among the presidential candidates, and (2) to elect the members of that delegation. Over 500 candidates ran for the 45 delegate and 32 alternate delegate positions in that primary. The primary actually was conducted by congressional district, with 33 candidates running for four delegate and three alternate delegate positions in my CD. The ballot was structured by sex (females listed first) and the voter was instructed to vote for up to four females and up to four males. Delegates were allocated to presidential candidates according to a formula which was roughly proportional; and individual delegates were selected by an equally fair but more complex formula.
Business Involvement in Campaign Finance: Factors Influencing the Decision to Form a Corporate PAC
Authors: Andres Gary J.
Published: April 2006

When Justin Dart, Chairman of Dart Industries, said in 1978, “talking with politicians is a fine thing, but with a little money they hear you better,” his colleagues apparently concurred. As Figure 1 indicates, subsequent to several congressional. Federal Election Commission and Supreme Court decisions which clarified some ambiguity concerning their legality, the surge in corporate PAC growth was extremely impressive. The advent of the growth in corporate PACs represented a fundamental shift in the way business money is funneled into electoral politics. Prior to the 1970s, business executives contributed to politicians in an unsystematic, ad hoc manner. Traditionally, corporate executives got together and bankrolled candidates of their choice with little pressure or need to disclose the recipients of their largess.

Gone are those days when the so-called “corporate bag-men” would pass out envelopes filled with cash on the 17th green of some exclusive country club. Today, computerized records of congressmen's roll-call votes and lists of potential PAC contributors have replaced the nine iron as an effective corporate political tool.
The Dual Problems of Peace and National Security
Authors: Gilpin Robert G.
Published: April 2006

The strategic consensus that has characterized American official and popular thinking about nuclear weapons since World War II has greatly eroded in recent years. That consensus consisted not only of an American determination to use nuclear weapons to deter a direct Soviet attack on the United States but also of a commitment to extend the American deterrent to cover a Soviet nuclear or large-scale conventional attack on America's principal allies. In the face of the recent massive and continuing growth of Soviet nuclear and conventional capabilities this consensus has come under growing challenge.

This challenge to the consensus on the policy of nuclear deterrence has come from both ends of the political spectrum. On the political “right,” the Reagan administration has argued that deterrence alone is too weak a reed to forestall a Soviet attack on the United States or one of its allies; the prevention of a Soviet attack requires the development of a nuclear war-fighting strategy similar to that which the Soviets themselves are presumed to possess. On the political “left,” a large and highly vocal antinuclear movement largely under the banner of the “freeze,” challenges one aspect or another of the deterrence strategy and demands a deemphasis on, if not the complete elimination of, nuclear weapons. Both of these positions, I believe, are flawed and fail to provide a satisfactory solution to the difficult situation in which the United States finds itself in the closing decades of the twentieth century.
Protest Is Not Enough: A Theory of Political Incorporation
Authors: Browning Rufus P. , Marshall Dale Rogers , Tabb David H.
Published: April 2006

Protest Is Not Enough is partly a report on the politics of black and Hispanic mobilization in ten northern California cities and partly an effort to formulate a theory useful for the study of minority mobilization and its significance in cities generally. The cities are San Francisco, San Jose, Oakland, Sacramento, Stockton, Berkeley, Richmond, Hayward, Vallejo, and Daly City. We did not expect to generalize the particulars of our ten cities to others, but we did try to cast our concepts and fundamental relationships at a sufficiently general level to encompass a wide variety of cities, and we hoped that the application of our framework to other cities would suggest ways in which it should be extended or altered.

The Theory

We wanted a conception of minority political action and position that linked mobilization to policy, that demonstrated the connection between the passions, interests, and actions of mobilization and the governmental response—if any. It was apparent that blacks and Hispanics achieved a much stronger and more positive response to their interests in some cities than in others. It was apparent also that minority representation in elective offices, the customary way of describing their political position, did not capture the strength of the minority position in the more responsive city governments. The key to the higher levels of responsiveness was not representation but coalition: minority inclusion in a coalition that was able to dominate a city council produced a much more positive governmental response than the election of minority council-members who were not part of the dominant coalition.
Atlanta: Protest and Elections Are Not Enough
Authors: Stone Clarence N.
Published: April 2006

Blacks hold governmental power in Atlanta. They have a two-to-one majority on the city council, and Andrew Young is in his second term as the city's second black mayor. Moreover, blacks are a substantial presence in the civic life of Atlanta. They have held the presidency of the Chamber of Commerce, and are to be found among the membership of every important board and commission in the public life of the community. The political incorporation of blacks in Atlanta is now strong enough for Mayor Young to entertain the possibility of city-county consolidation. Even with such a move, blacks presumably would remain at the center of public life in Atlanta.

How such a seemingly strong form of political incorporation came about is in part a familiar story. Key facts in the city's political history are widely known:

1. In 1946, Georgia's white primary was invalidated. A voter-registration drive in the black community brought nearly 20,000 new voters onto the rolls, making the black community more than a quarter of the city's electorate (Bacote, 1955).

2. Atlanta's mayor at the time, William B. Hartsfield, recognized the potential for taking on Atlanta's black community as junior partners in a coalition built around the mutually reinforcing themes of economic growth and racial moderation. He and his successor, Ivan Allen, Jr., profited electorally from that coalition over the next twenty years (see Jennings and Zeigler, 1966).

3. Atlanta's black community entered a new and more assertive phase in 1960 as direct-action protests signalled the end of the era of quiet accommodation between established black and white leaders (Walker, 1963).

4. The 1970 census reports show that Atlanta's population balance had tilted to a black majority, and, in 1973, Maynard Jackson was elected as Atlanta's first black mayor. Jackson was reelected by a comfortable margin in 1977, and he has been followed by Atlanta's second black mayor, Andrew Young. Mayor Young was reelected in a landslide in 1985.
Minority Mobilization in an International City: Rivalry and Conflict in Miami
Authors: Warren Christopher L. , Stack John F. , Corbett John G.
Published: April 2006

On March 20, 1986 many South Florida Hispanics were disappointed yet politically emboldened by the result of a close U.S. House vote on President Reagan's Nicaraguan Contra aid bill. Although the proposal was defeated in a 222–210 vote, the outcome was viewed locally as a Latin victory because Miami's moderately liberal Democratic delegation broke ranks with House leadership by voting three to one in support of the President's proposal. It is apparent that pressure felt from Miami's Cuban and Nicaraguan exile communities, as well as from the Florida Commission on Hispanic Affairs and the Cuban-American National Foundation, was decisive in compelling locally elected Democratic House members to support the President over their party.

Two days after the vote, 200 protestors gathered in downtown Miami in a demonstration against Contra aid. Alpha 66, a militant anti-Castro organization, called a counter-demonstration attended by about 2,000 angry Hispanics who threw eggs, rocks, and insults at the smaller group of protestors. Miami riot police escorted the anti-Contra demonstrators away from the scene in buses in order to prevent their injury. The fractious counter-demonstration was broadcast live by a Spanish language radio station and was attended by several local and state officials, including the three Cuban-Americans who constitute a majority on the five-member Miami City Commission. These events underscore an increasingly visible phenomenon in Miami's volatile politics.
Excerpts from Declaration of Bruce Cain in Badham v. Eu
Authors: Cain Bruce
Published: April 2006

1. Bruce Cain, declare as follows: …

2. Based on my study of redistricting, I believe that the attempt to define unbiased and objective standards of political fairness is futile. The reasons for this are several. First, there are many possible standards of political fairness, and political scientists do not agree as to which is best, as is demonstrated by the contradictory arguments in the declarations of Professors Grofman and Baker. Professor Baker argues for a compactness criterion while Professor Grofman disparages the use of what he terms “formal criteria” such as the shape of district lines and proposes instead a seats-votes measure. Secondly, the two standards of political fairness proposed by Grofman and Baker will prove contradictory in many circumstances, and this will force the courts to choose between them. Thirdly, the proposed standards are inconsistent with other redistricting criteria—particularly, with the court's efforts in the last decade to protect racial and ethnic minority voting strength. Finally, attempts to use fairness formulae are fundamentally flawed and impractical: they underestimate the many complex factors that determine the outcome of an election and overestimate the capacity of social scientists to predict future electoral outcomes.
Fear and Loathing on Capitol Hill: The 99th Congress and Economic Policy
Authors: Van Horn Carl E.
Published: April 2006

The first session of the 99th Congress was a year of wrenching institutional and political realignment. Facing monstrous structural budget deficits in excess of $200 billion a year. Congress struggled to adjust its distributive urges to the unpleasant realities of a redistributive era. Unlike previous budget crises that were caused by economic events beyond Congress's control, the current problem was created by an unwillingness to raise sufficient revenues to pay for the nation's defense and social program commitments. Frustration, gridlock, and partisan warfare eventually ended in surrender to the Executive Branch: a balanced-budget act was adopted that could radically alter Congress's power of the purse.

During the 99th Congress, many Democratic members also continued to realign their policy positions in accordance with contemporary economic and political forces. Democrats in Congress searched for an appealing formula that would ensure political survival and continued control of the House. But the strain of reconciling their traditional public philosophy with conservative trends left Democrats demoralized and in disarray.
Leadership in the Slow Lane
Authors: Deering Christopher J.
Published: April 2006

While slightly unconventional, the earnest request of Indiana Republican Sen. Dan Quayle's six-year-old daughter (Conconi, 1985, p. B3) is nothing new to Senate Majority Leader Robert Dole (R-Kan.). Indeed, Majority Whip Alan Simpson (R-Wyo.) has said that the senators Dole must lead are “like children lining up in the elementary school classroom asking when they can go to the bathroom” (Granat, 1983, p. 1429). They are all impatient, and they all want their way.

When Quayle was elected in 1980 no one suggested that it would be a 9-to-5 job. And it has not been. Late night sessions, filibusters, endless quorum calls, repeated and repetitive votes numbering in the hundreds, crowded schedules, and yes, even the plaintive request of a six-year-old daughter conspire to make life difficult for a senator. On this particular night, Quayle could make his daughter's performance. Not so much because of the note she had sent to Dole, but because Dole and other Republican senators were scheduled to roast Sen. Jesse Helms (R-N.C.) and then quickly return to the House to hear President Reagan report on his Geneva summit meeting with Mikhail Gorbachev.

As majority leader, Dole must play to at least five closely related constituencies and overcome numerous obstacles to succeed. He must represent Reagan. He must represent his Republican Party colleagues. He must protect the interests of the 22 Republican Senate seats at risk in the 1986 election—including his own. He must represent and to some extent promote the interests of the entire Senate. And, of course, he must represent the people of Kansas. It need hardly be added that the interests of these constituencies frequently conflict.
Is Religion Being Politicized? And Other Pressing Questions Latin America Poses
Authors: Levine Daniel H.
Published: April 2006

Is religion being politicized in Latin America? The question is commonly asked today, but rests only in part on concern with Latin American events themselves. To be sure, religious issues, groups, and people have lately been salient in the politics of El Salvador, Nicaragua, Brazil, or Chile—to name only some of the more familiar cases. But the question has deeper roots in a general North American concern with the potential of politicized religion to spur social protest and political change in cases otherwise as distinct as Iran, Poland, Southern Africa, Lebanon, the Philippines, or Latin America itself. Much of this concern is also clearly a refraction of puzzlement here at home with the resurgence of religious issues into national political discourse. These considerations suggest that finding answers to questions about the politicization of religion requires as much attention to the meaning of the questions themselves and to the assumptions built into their posing, as to the search for specific instances of politicized religion in Latin America today.

Questions about the politicization of religion arise from longstanding intellectual traditions which make religion secondary to supposedly more immediate, real, or rational social, economic, or political forces. When religion as an issue or religiously inspired groups do appear in political arenas, they are seen as interlopers, aberrant and likely short-lived phenomena. From this vantage point, religion appears mostly as a survivor from the past, doomed to privatization and ultimate disappearance.
On the Moral Standing of the President as an Interpreter of the Constitution: Some Reflections on Our Current “Crises”
Authors: Arkes Hadley
Published: April 2006

We know that the abuse of power may cause an erosion of authority, but I would suggest that the current “crisis” over Iran and the Contras confirms a notably different lesson: It is the erosion of authority, or the denial to the president of his rightful, constitutional powers, which has produced a stream of factitious crises. The “scandals” are generated by the prospect of an uncontained president, who is seeking to evade the restraints of the law, in order to deploy the instruments of violence in foreign policy. But the president appears to be bent on a course of lawlessness, he seems persistently to be threatening a “constitutional crisis,” only if one accepts the premise that these statutory restraints on the president are eminently reasonable and constitutional. If they are not, then there is no pattern of lawlessness on the part of the president, no scandal, no crisis.

One commentator has recently remarked that the War Powers Act and the Boland amendment have been parts of a design to “criminalize” differences in policy between Congress and the president. A president who took seriously his responsibilities under the Constitution, or a president who sought to exercise the powers that his predecessors have routinely exercised, would be compelled to steer around these restrictions. When he does, he will be charged with putting himself “above the law.” The opposition party, and its allies in the media, will express their outrage and declare the presence of another “scandal.” There will be calls for a special prosecutor, for a select congressional committee to hold extended hearings—in short, the whole script and the stage directions for Watergate, called into play once again. We now have a part of the political class, in government and the media, who have made “deploring” into a vocation: Their main competence has been cultivated in the art of investigating and holding long, debilitating hearings, with the object of bringing down the Administration or rendering the government of the day ineffectual.
Petitions to the Legislative Assembly of Ontario from Local Governments, 1867–1877: A Case Study in Legislative Participation
Authors: Stokes Mary M. P.
Published: April 2006

In late twentieth-century English-speaking western democracies, the petition is almost exclusively a sporadic, exceptional, and marginal mode of political expression, its legitimacy as an instrument and indicator of public opinion superceded by elected professionals and ubiquitous polls; a tenuous survival from its origin as the universal form of civic supplication. Part and parcel of the democratic revolution that reached its apogee in the nineteenth century, this transition may not have been neatly contemporaneous with the constitutional changes to which it seems collateral. In a recent article in this review, David C. Frederick posited that petitioning effectively disappeared in the United States after the imposition of a “gag-rule” by Congress, imposed in the 1830s as a response to anti-slavery agitation by petition.
Political Theory and the Growth of Defensive Safeguards in Criminal Procedure: The Origins of the Treason Trials Act of 1696
Authors: Shapiro Alexander H.
Published: April 2006

The Act for Regulating of Trials in Cases of Treason passed by Parliament in 1696 (the Trials Act) commands a central place in the history of criminal procedure. Addressing a serious imbalance in treason trial procedure that favored the prosecution over the defense, the Trials Act established a set of procedural safeguards for the treason defendant that eventually became paramount elements of English due process. While much legal scholarship has concentrated on the legacy of this legislation in the eighteenth-century criminal trial, only a few historians have attempted to account for the act's origins in the seventeenth century, and none have linked this moment of legal change with contemporary developments in political theory.
Progressive Judges in a Progressive Age: Regulatory Legislation in the Minnesota Supreme Court, 1880–1925
Authors: Chomsky Carol
Published: April 2006

The years between 1890 and 1937 traditionally have been viewed as a period of extreme judicial activism with respect to economic regulation, a time during which courts, both state and federal, interfered on a grand scale with legislative reform agendas. Fueled by the constitutional theories of Thomas Cooley and Christopher Tiedeman, the story goes, the courts became bastions of laissez-faire constitutionalism, relying on doctrines of substantive due process and liberty of contract to invalidate legislative efforts to redress social and economic inequality.
Scales of Justice: Defense Counsel and the English Criminal Trial in the Eighteenth and Nineteenth Centuries
Authors: Beattie J. M.
Published: April 2006

My subject is the story of the entry of lawyers into the English criminal courts and their impact on trial procedure. Until the eighteenth century lawyers played little part in the trial of felonies in England—in the trial, that is, of those accused of the most serious offenses, including murder, rape, arson, robbery, and virtually all forms of theft. Indeed, the defendants in such cases were prohibited at common law from engaging lawyers to act for them in court. In the case of less-serious crimes—misdemeanors—defendants were allowed counsel; and those accused of high treason, the most serious offense of all, were granted the right to make their defense by counsel in 1696. But not in felony. Accused felons might seek a lawyer's advice on points of law, but if they wanted to question the prosecution evidence or to put forward a defense, they had to do that on their own behalf. The victim of a felony (who most often acted as the prosecutor in a system that depended fundamentally on private prosecution) was free to hire a lawyer to manage the presentation of his or her case. But in fact few did so. The judges were generally the only participants in felony trials with professional training. They dominated the courtroom and orchestrated the brief confrontation between the victim and the accused that was at the heart of the trial.
The Law of Treason in the English Border Counties in the Later Middle Ages
Authors: Neville C. J.
Published: April 2006

In the parliament held at Leicester in the spring of 1414, King Henry V was confronted with a long list of grievances on the part of the common folk of Northumberland, Cumberland, and Westmorland. A formal petition decried the contempt with which the terms of truces made with Scotland and royal letters of safe conduct were treated. The commons further complained that men of the liberties of Tynedale, Redesdale, and Hexham daily committed “many murders, treasons, homicides … robberies, and other misdeeds,” and that “some of the said persons shelter and support many people of Scotland, counselling and comforting [them] in their robbery and despoiling.” Finally, they said, in contravention of the terms of the truce, men of Scotland “also take them prisoner, keeping them … until they make ransom of their own volition, all this with the aid, assent and comfort of the said persons so enfranchised.”
Cardin Le Bret and Lese Majesty
Authors: Giesey Ralph E. , Haldy Lanny , Millhorn James
Published: April 2006

Cardin Le Bret, councillor of state during the ministry of Richelieu, is sufficiently distinguished to have merited two monographs in modern historiography. The basis of his renown is not his official deeds, however, but his political writings. Moreover, within the large corpus of those writings (630 folio pages, published three times), one treatise alone raises him from obscurity: De la Souveraineté du Roy, first published in 1632. And finally (to allot Le Bret the least that is due him), the fame of that treatise owes less to the perspicuity of its author than to the timeliness of its subject. It is one of the first comprehensive treatments of sovereignty to appear after Jean Bodin ‘invented’ that concept in his Six livres de la République (1576). Le Bret's treatise could thus provide important evidence of the status of ‘sovereignty’ in legal and political discourse two generations after Bodin.
Hollywood on Trials: Courts and Films, 1930–1960
Authors: Rosenberg Norman
Published: April 2006

As long as legal scholarship focused on traditional sources that were considered“distinctively legal,” a great variety of “legal texts” were consigned to scholars in other disciplines. Thus, Oliver Wendell Holmes, Jr. (1841–1932) and his classic workThe Common Law(1881) appeared safely inside the categorical “box” identified as distinctively legal, while Louis Calhern's portrayal of Holmes and the filmThe Magnificent Yankee(MGM, 1950) fell outside.

In recent years, however, both the inside/outside distinction and the legal box metaphor have become increasingly suspect. Drawing upon post-structuralist theories, which highlight the discursive and representational dimensions of law, a variety of different projects seek to locate the diverse places at which legal rhetoric and imagery are constituted.
“Clandestine” Marriage in the Later Middle Ages: A Reply
Authors: Donahue Charles
Published: April 2006

Andrew J. Finch has taken issue in these pages with my interpretation of “clandestine” marriage in the later Middle Ages. He is certainly correct that the phenomenon of “clandestine” marriage in the high and late Middle Ages cannot be given a single explanation. As I said in the first piece that I wrote on the topic: “The cases provide evidence for the proposition that some people were genuinely confused about to whom they were married; that the Alexandrine rules were being used to defraud the innocent; and that they were being used by people to get out of marriages which had become intolerable for reasons quite unrelated to the Alexandrine rules.” And again: “while the reasons why the parties chose to marry informally rather than solemnly is in many cases obscure, there are some cases in which we may conclude that the parties chose informal marriage in order to escape pressure from their families or lords. Howard… and Homans… both suggest that the reason for informal marriage is that the Church was unable to enforce her rules on the ingrained marriage customs of the people. Turlan…, on the other hand, sees as I do informal marriage as a way of escaping both family and ecclesiastical pressure. The two views are not necessarily inconsistent. Varying motivations may have played a part in different places and times and among different individuals.”
“As Best to Subserve Their Own Interests”: Lemuel Shaw, Labor Conspiracy, and Fellow Servants
Authors: Konefsky Alfred S.
Published: April 2006

Over thirty years ago, Leonard Levy, building explicitly on suggestions first offered by Walter Nelles, and implicitly on observations made by Roscoe Pound, commented on the unusual conjunction of two decisions announced within weeks of each other in 1842 by Lemuel Shaw, Chief Justice of the Massachusetts Supreme Judicial Court. The cases,Farwell v. Boston & Worcester Railroadwhich helped create the fellow servant rule in the United States, andCommonwealth v. Hunt, which involved a prosecution for criminal conspiracy for organizing a labor union as a closed shop, seemed at odds.Huntappeared to expand worker rights to collective action, whileFarwellappeared to restrict worker rights to compensation from workplace injuries. Shaw's apparent protection of a worker's right to organize, “a pro-worker stance,” seemed to conflict with his refusal to recognize a worker's right to recover for an industrial accident in particular circumstances, “an anti-worker stance.” The question is obvious—how can these decisions be made compatible, or does their incompatibility have to be accepted with a shrug of the shoulders and a nod toward the evolutionary progress of the common law?
Creating an Agricultural Trust: Law and Cooperation in California, 1898–1922
Authors: Saker Victoria A.
Published: April 2006

During the late nineteenth century, as the “trust problem” occupied the attention of politicians and entrepreneurs across the nation, California farmers began an experiment that would irretrievably alter the form and function of agricultural marketing cooperatives. Taking a cue from the robber barons, leaders in the state's promising raisin industry set out to apply the advantages of corporation law—and of the modern trust—to the principles of cooperation. As early as 1899, the raisin industry's merger of corporation and cooperative caught the attention of the San Francisco Chronicle's agricultural editor, Edward F. Adams. “The principle of cooperation in [agriculture] for marketing purposes,” he wrote, “is identical with that of the cooperation of capitalists in what are called ‘Trusts.’”
Angevin Reform of the Appeal of Felony
Authors: Kerr Margaret H.
Published: April 2006

When Henry II (1154–1189) ascended the English throne, centralization of administration became a key theme of his government and judicial reform a key theme of centralization. Throughout his reign, Henry enlarged royal jurisdiction over pleas of land by providing, by means of royal writs, jury trial before the king's justices as an alternative to judgment in the seignorial courts. The assize of novel disseisin (1155 x 1166) led the way for the assizes utrum (1164), mort d'ancestor (1176), and darrein presentment (post 1179), and for the Grand Assize (c. 1179) and writs of dower. Henry also centralized and tightened royal jurisdiction over criminal pleas through the Assize of Clarendon (1166) and reform of the appeal of felony.
Exorcising Professional Demons: Charles Rann Kennedy and the Transition to the Modern Bar
Authors: Pue W. Wesley
Published: April 2006

History abounds with debates which turn on the seemingly innocuous question as to whether fundamental change did or did not occur in any particular period. Many such controversies are well-known: Was there or was there not a ‘Tudor revolution’? Was there or was there not an ‘agricultural revolution’? What about a ‘great transformation’? A revolutionary change in Canadian government in 1982? A ‘making’ of the English working class? A ‘transformation’ or ‘Americanization’ of American law? Are we or are we not at the present conjuncture in the process of a fundamental—and globe spanning—transformation to a dominant corporatist ideology? The examples of this sort of debate can be multiplied almost endlessly.
Parental Authority and the Problem of Clandestine Marriage in the Later Middle Ages
Authors: Finch A. J.
Published: April 2006

Since the last century canon-legal historians and, more recently, social historians have examined a variety of questions concerning the social and legal aspects of marriage in the later medieval period. Particular significance has been given to the synthesis by Alexander III of existing sacramental and legal opinion concerning marriage in the twelfth century. His synthesis produced a doctrine in which marriage was viewed as a purely consensual union. Any two legally entitled adults could contract marriage by words of mutual consent. A twofold distinction existed in the nature and intent of these words. On the one hand, a binding and immediately effective union was created through the exchange of words of present consent (per verba de praesenti). Neither publicity, nor church solemnization, nor indeed consummation added anything to the validity and permanence of such a contract. On the other hand, a promise to marry was expressed by words of future consent (per verba de futuro), which might be terminated by the agreement of the parties or by a subsequent de praesenti contract. If, however, a de futuro contract was followed by intercourse, it took upon itself the legal mantle of a de praesenti contract, and what was initially only a promise to marry was transformed into a binding marriage.
A Historian as a Source of Law: Abbot Peter of Henryków and the Invocation of Norms in Medieval Poland, c. 1200–1270
Authors: Górecki Piotr
Published: April 2006

Sometime in the later 1260s, Peter, the third abbot of the Cistercian monastery at Henryków in Silesia, wrote his remarkable history of the monastery's foundation and estate. The history is a series of stories about the individual holdings that the monastery obtained in the course of the thirteenth century. Apparently at a late stage of his life, Peter looked back at the preceding decades with considerable apprehension, and he explicitly cast his work as an exercise in reassurance.
Industrial Arbitration, Equity, and Authority in England, 1800—1850
Authors: Jaffe James A.
Published: April 2006

In an obscure aside, the well-known English working-class radical, Francis Place, remarked in hisAutobiographythat even when “in deepest poverty” he had tried to serve other artisans. Some he had helped to train up as small masters or foremen while others he aided by working to settle their problems and disputes. “I had many matters brought to me for adjudication, arbitration or arrangement,” he wrote. “I hardly know the time when for three months together I have been free from this kind of interference.” Most matters it seems had to do with debtors and their creditors, but others appear to have concerned the settlement of estates or even affairs “related to an association or large body of men.” While he may have been justly proud of his service to the working-class community, Place's comment provides an insight into working-class life that is rarely glimpsed. He did not choose the word arbitration accidentally. By the nineteenth century, life and work in England had been penetrated by forms of dispute resolution that were meant to secure “order without law.”
Historical Adjudication: Courts of Law, Commissions of Inquiry, and “Historical Truth”
Authors: Maoz Asher
Published: April 2006

When the State of Israel was established and the Supreme Court inaugurated in Jerusalem, dozens of Christian clerics implored President Smoira to allow the Supreme Court, as the successor of the Great Sanhedrin, the supreme Jewish court during the time of Roman rule, to retry Jesus Christ and thereby rectify the injustice caused to him.
Race, Class, and Legal Ethics in the Early NAACP (1910–1920)
Authors: Carle Susan D.
Published: April 2006

In 1916, Charles Anderson Boston, one of the members of the first national Legal Redress Committee of the National Association for the Advancement of Colored People, spoke at the organization's board of directors meeting to endorse the use of new litigation strategies in the fight against racial segregation. The “proper presentation of the legal fight against segregation,” Boston urged, should focus on gathering “facts, not law” to demonstrate to the courts the law's “actual operation.”; Boston's emphasis on using facts to demonstrate the law's operation accorded with the NAACP's litigation strategy, which relied not only on gathering and presenting such facts but also oncreatingfacts by carefully staging scenarios that would present the right test cases to the courts for adjudication.
“Warn Students That I Entertain Heretical Opinions, Which They Are Not to Take as Law”: The Inception of Case Method Teaching in the Classrooms of the Early C. C. Langdell, 1870–1883
Authors: Kimball Bruce A.
Published: April 2006

Christopher Columbus Langdell (1826–1906) was perhaps the most influential figure in the history of legal education in the United States. He shaped the modern law school by introducing a number of significant reforms during his tenure as dean of Harvard Law School (HLS) from 1870 to 1895. Indeed, Langdell may well be the most influential figure in the history of American professional education because he established at HLS, with the help of President Charles W. Eliot, the model for twentieth-century professional schools. His innovations—such as minimum academic standards for admission to degree candidacy, a graded and sequential curriculum, minimum academic standards for continuation in a degree program, a professorial career track for faculty members, and the transformation of the library from a textbook repository into a scholarly resource—became the norm to which leading law schools, medical schools, and, finally, schools of other professions in the twentieth century aspired. Among these changes, none is more closely associated with Langdell than the introduction of case method teaching.
Langdell Laughs
Authors: LaPiana William P.
Published: April 2006

The amount of ink spilled in consideration of the life, thought, accomplishments, and legacy of Christopher Columbus Langdell is eloquent testimony to the critical role he plays in the self-image of the American law teaching profession. It is both wonderful and astounding, therefore, to find that critical primary sources remained unread and unused at the very end of the twentieth century. Now that Bruce Kimball has brought them to light, we have a more complete view of the man and his thought, one that, not surprisingly, reveals to us someone quite different from the cruelly and crudely caricatured inventor of those twin devices for stifling young minds, the case and Socratic methods.
How Benthamic Was the Criminal Law Commission?
Authors: Lobban Michael
Published: April 2006

Lindsay Farmer's argument that, in seeking to replace the common law with legislation, and in striving for a novel systematization of the relationship between civil and penal law, the criminal law commissioners of 1833-45 transformed the understanding of criminal law in relation to government is a powerful one. It is to some degree an inferential argument, positing that a reading of Bentham's theory of legislation allows us to understand the commissioners' work better, since Bentham “makes explicit many of the broader political assumptions that guided the commissioners and allows us to understand the precise nature of their codification project.” It is worth asking therefore how far the commissioners were informed by Benthamic ideas and what they understood their task to be.
Webbing the Pacific—Teaching an Intercontinental Legal History Course
Authors:   OZCAN
Published: April 2006

Legal education has always responded to, perhaps even been driven by, available technologies of information dissemination. At the start of the twenty-first century law teachers find themselves in an unprecedented period of technological change: available means of presenting and distributing information are daily transforming. The “information age” seems, genuinely, to be upon us. The present is difficult to comprehend, the future beyond imagination.
Frederic William Maitland and the Earliest English Law
Authors: Wormald Patrick
Published: April 2006

When Milsom enrolled Maitland among the British Academy's Master-Minds, he drew attention to a number of rather strange things about him. Other than Rhys and Keynes, unfairly advantaged in so far as they are commemorated by whole lecture series, Maitland is the sole Academy Fellow to have been the subject of one lecture, let alone (as is now the case) of two. He is also one of very few historians. Alongside Maitland are ranked only Thucydides, Bede, Gibbon, Kemble, Carlyle, Burckhardt, and Bémont—an assortment that would have bemused him as much as the eminence he was thus assigned. But, oddest of all, his repute is of a wholly different order from that of his fellow founders of the Academy, or of the historians it has dignified. It is not just that he is consulted and recycled, unlike Cunningham or Pollock (his joint venture with Maitland apart). They, like Gibbon, Bede, and the rest, are now a chapter in historiography, historical phenomena themselves requiring explanation. We may seek information, even (in some cases) entertainment from them. We do not debate with them as we argue with Maitland. That is what Milsom went on to do. It was, of course, a far greater compliment than that conveyed by the title of Academy Master-Mind. It is also one that would beyond question have been more congenial to Maitland himself. He would have been appalled by his canonization, as Milsom has repeatedly stressed. To adumbrate a motif that will recur in these remarks, he had a Millite faith in the creativity of dissent. The honor done him was to treat a scholar who had been in his Canary Islands grave for the best part of a century as if he were a contemporary colleague.
The Right to Be Punished: Autonomy and Its Demise in Modern Penal Thought
Authors: Dubber Markus Dirk
Published: April 2006

The Enlightenment was the age of empathy and abstract identity. The common man no longer was to be pitied for his unfortunate plight. Instead, enlightened gentlemen and reformers strove to empathize with the ordinary person—identify with him—precisely because he was identical to them in some fundamental sense. That sense differed from Enlightenment theory to theory, but the identity remained central. So Bentham insisted that every member of the utility community was like any other because every member's pain and joy equally affected the utilitarian calculus and thus the common good. Contractarians like Beccaria or Fichte portrayed all citizens as identical insofar as they were all signatories to the social contract, a contract grounded in the shared rationality of its signatories who surrendered some of their external freedom to pursue their life plans protected from the chaos of the law of nature. And Kant and Hegel stressed the common capacity for rational deliberation shared by all humans as rational beings.
Willard Hurst and the Administrative State: From Williams to Wisconsin
Authors: Ernst Daniel R.
Published: April 2006

Perhaps because Willard Hurst did not publish his first book,The Growth of American Law, until 1950, more than a decade after he entered law teaching, his readers have often found it hard to imagine him as other than a fully formed scholar. The pluralist politics of his major writings, their functionalist sociology, and their attentiveness to consensus in history have made Hurst seem so much a product of the 1950s that one can easily overlook the ways in which developments in law and politics in the preceding decades shaped his perspective on the American past.
Vicinage and the Antecedents of the Jury
Authors: Macnair Mike
Published: April 2006

The origins of trial by jury have been the subject of an extensive debate. The traditional approach to the creation of the “palladium of liberty” saw the jurors as lay judges and located their origins in the lay judges of Anglo-Saxon England, continuing through the survival of the “ancient constitution.” An alternative approach, that of Heinrich Brunner, found wide acceptance from the end of the last century and until recently. Brunner detected the origins of the jury in fiscal inquiries imposed by strong monarchs, reversing the constitutional politics of the older view. At present, the wheel has turned back toward judicial character and origins in general early medieval practice. The purpose of this article is to take a new look at the issue by approaching it from a different angle: the requirement that jurors should comede vicineto, from the locality. This approach has produced the following observations.
“The Marriage Covenant is at the Foundation of all Our Rights”: The Politics of Slave Marriages in North Carolina after Emancipation
Authors: Edwards Laura F.
Published: April 2006

In the fall of 1865, North Carolina lawmakers gathered in Raleigh to draw up a new constitution. Despite the absence of the most extreme secessionists, those in attendance were still a remarkably homogeneous group of planters, businessmen, and professionals—white men of the same wealthy families that had always governed the state. Yet faced with the sweeping changes wrought by war and emancipation, they anticipated a difficult session. Edwin Reade, who delivered the opening address, tried to set a positive tone, assuring the assembly that the future would be easy compared to the hardships of the past five years. The metaphor he chose was that of a homecoming. “Fellow citizens,” he intoned, “we are going home”: “Let painful reflections upon our late separation, and pleasant memories of our early union, quicken our footsteps towards the old mansion, that we may grasp hard again the hand of friendship which stands at the door, and, sheltered by the old homestead which was built upon a rock and has weathered the storm, enjoy together the long, bright future which awaits us.”
Blind Source Separation
Authors: Bronstein Alexander M. , Bronstein Michael M. , Zibulevsky Michael
Published: April 2006

Blind source separation (BSS) refers to a wide class of methods in signal and image processing that extract the underlying sources from a set of mixtures without almost any prior knowledge about the sources or about the mixing process. In biomedical applications, BSS is used for the analysis of electroencephalogram (EEG), magenetoencephalogram (MEG), and electrocardiogram (ECG) signals and functional magnetic resonance (fMRI) images.
[4‐(2H‐1,2,3‐Benzotriazol‐2‐yl)phenoxy]alkanoic Acids as Agonists of Peroxisome Proliferator‐Activated Receptors (PPARs)
Authors: Sparatore Anna , Godio Cristina , Perrino Elena , Romeo Sergio , Staels Bart , Fruchart Jean‐Charles , Crestani Maurizio
Published: April 2006

A series of [4‐(2H‐1,2,3‐benzotriazol‐2‐yl)phenoxy]alkanoic acids has been synthesized and tested as agonists of Peroxisome Proliferator‐Activated Receptor (PPAR) α, γ, and δ. Three compounds displayed 56 to 96% of maximal activity of the reference drug Wy‐14643 on PPARα, and two of these, i.e., 1 and 5, exhibited also moderate activity on either PPARγ or δ with efficacy equal to 50% and 46% of that of rosiglitazone and GW 501516, respectively. Thus, compounds 1 and 5 represent interesting starting point for preparing novel agents for the treatment of dyslipidemia or of dyslipidemic type‐2 diabetes.
Silicon‐Initiated Carbonylative Carbotricyclization and [2 + 2 + 2 +1] Cycloaddition of Enediynes Catalyzed by Rhodium Complexes.
Authors: Bennacer Bibia , Fujiwara Masaki , Lee Seung‐Yub , Ojima Iwao
Published: April 2006

ChemInform is a weekly Abstracting Service, delivering concise information at a glance that was extracted from about 200 leading journals. To access a ChemInform Abstract, please click on HTML or PDF.
Knoevenagel Reaction in Water Catalyzed by Amine Supported on Silica Gel.
Authors: Isobe Kohei , Hoshi Takashi , Suzuki Toshio , Hagiwara Hisahiro
Published: April 2006

ChemInform is a weekly Abstracting Service, delivering concise information at a glance that was extracted from about 200 leading journals. To access a ChemInform Abstract, please click on HTML or PDF.
A New Regio‐ and Stereoselective Intermolecular Friedel—Crafts Alkylation of Phenolic Substrates with Aryl Epoxides.
Authors: Bertolini Ferruccio , Crotti Paolo , Macchia Franco , Pineschi Mauro
Published: April 2006

ChemInform is a weekly Abstracting Service, delivering concise information at a glance that was extracted from about 200 leading journals. To access a ChemInform Abstract, please click on HTML or PDF.
Artificial Photosynthetic Reaction Centers with Carotenoid Antennas.
Authors: Gould Stephanie L. , Kodis Gerdenis , Liddell Paul A. , Palacios Rodrigo E. , Brune Alicia , Gust Devens , Moore Thomas A. , Moore Ana L.
Published: April 2006

ChemInform is a weekly Abstracting Service, delivering concise information at a glance that was extracted from about 200 leading journals. To access a ChemInform Abstract, please click on HTML or PDF.
Palladium(II)‐Catalyzed Oxidative Transformation of Allylic Alcohols and Vinyl Ethers into 2‐Alkoxytetrahydrofurans: Catechol as an Activator of Catalyst.
Authors: Minami Kimi , Kawamura Yasufumi , Koga Koichi , Hosokawa Takahiro
Published: April 2006

ChemInform is a weekly Abstracting Service, delivering concise information at a glance that was extracted from about 200 leading journals. To access a ChemInform Abstract, please click on HTML or PDF.
The Design and Synthesis of YC‐1 Analogues as Probes for Soluble Guanylate Cyclase.
Authors: Hering Kirk W. , Artz Jennifer D. , Pearson William H. , Marletta Michael A.
Published: April 2006

ChemInform is a weekly Abstracting Service, delivering concise information at a glance that was extracted from about 200 leading journals. To access a ChemInform Abstract, please click on HTML or PDF.