bluuebunny/crossref_metadata_2025 huggingface dataset:
Haemocytes play a commensal rôle in the synthesis of the dihydroxybenzoate required as a precursor for sclerotization of the egg case (ootheca) in the cockroachPeriplaneta americana(L)
Authors: Whitehead D.L.
Published: August 2010

The secretions of the two colleterial glands give rise to the walls of the ootheca which, when hardened, serve to protect fertilised eggs in the cockroachP. americana. The larger left gland (LCG) secretes a β-D-glucoside of 3,4-dihydroxybenzoate, several proteins (oothecins), calcium oxalate crystals and a latent phenoloxidase enzyme. The smaller right gland (RCG) secretes a β-glucosidase. When the two secretions mix in the genital vestibulum, the glucoside is hydrolyzed to glucose and free dihydroxybenzoate, which is then oxidized by the phenoloxidase to the o-benzoquinone, which cross-links the oothecins Scanning and thin section electron microscopy (EM) showed haemocytes adhering to the LCG. The haemocytes were obtained by washing the gland with insect saline; and, when they were incubated with labelled tyrosine, they showed an enhanced ability to decarboxylate L-p-tyrosine to tyramine and then deaminate and oxidize tyramine to give p-hydroxyphenylacetate. After removal of adhering haemocytes, the LCG was no longer able to decarboxylate tyrosine. Injection of α-ecdysone into the abdomens of recently emerged adult females inhibited synthesis of a phenolic glucoside in the developing LCG but not of β-glucosidase produced by RCG. Furthermore, injecting inhibitors of the decarboxylase and monoamineoxidase enzymes partly closed down synthesisin vivoof the phenolic glucoside by LCG. Therefore, in the adult female cockroach, tyramine was converted to p-hydroxyphenylacetate in the haemocytes and then transferred to the gland where it was hydroxylated to 3,4-dihydroxyphenylacetate, which gave rise to a dihydroxybenzoate. Evidence suggested that biosynthesis of the oothecal sclerotizing agent could be controlled by juvenile hormone (JH) acting on the LCG or on haemocytes adhering to the gland.
The Foreign Policy of the German Sudeten Council and Hans-Christoph Seebohm, 1956–1964
Authors: Margalit Gilad
Published: August 2010

Recent historical studies on the organizations of German expellees and their influence on West German political culture highlight the insincere attitude and deception by the whole West German political establishment toward the expellee politicians and activists and their cause. One study in this field is Matthias Stickler's important book “Ostdeutsch heißt Gesamtdeutsch,” and a more recent one by Manfred Kittel, Vertreibung der Vertriebenen?, takes Stickler's thesis even further. It creates the impression that the expellee organizations, highly dependent on the government for financial and political support, had no option in this matter and were even helpless in that they had to accept the noncommittal rhetoric and the West German government's unwillingness to obligate West Germany for their cause. In this article, I probe this portrayal of the expellee politicians and activists as objects rather than subjects of German politics by inquiring into the political and public relations activities of the German Sudeten Council (Sudetendeutscher Rat) in the field of foreign policy during and around the tenure of Hans-Christoph Seebohm as the leader (Sprecher) of the German Sudeten Expellee Homeland Society (Landsmannschaft) (1959–1967). The Sudeten Council is a non-party association; one half of its members are elected by the federal assembly of the German Sudeten Landsmannschaft and the other half by the political parties of the Bundestag. As well as being a politician of the expellee organization, Hans-Christoph Seebohm pursued the longest political career in the German federal cabinet—seventeen years. He served as Minister of Transportation and Mail of the Federal Republic from 1949 to 1966 under Chancellors Konrad Adenauer and Ludwig Erhard. To date, no monographic work has been written about Seebohm.
Unifying without Integrating: The East German Collapse and German Unity
Authors: Zatlin Jonathan R.
Published: August 2010

The demise of the German Democratic Republic (GDR) came as a surprise to most western observers. For historians of modern Europe, its disappearance remains remarkable for at least two reasons. First, East Germany has ceased to exist in an era when new states are constantly being born. Since the French Revolution unleashed the power of national self-determination as an ordering principle more than 200 years ago, new sovereign states have continued to emerge across the globe, whether through the breakup of multiethnic and colonial empires or the dissolution of pan-Slavic states in eastern Europe. Illiberal governments have been swept aside, often with the result that new states have been cast out of imperial entities by the centrifugal force of cultural attachment. In the history of European political sovereignty during the twentieth century, the particular has triumphed over the universal. Except in the case of the GDR. Against the tide of European history, the GDR has gone from sovereign state (East Germany) to regional designation (eastern Germany). In this sense, the story of the GDR's absorption by a larger polity is a tale of modern state-building told in reverse.
Adaptation to increasing severity of phoma stem canker on winter oilseed rape in the UK under climate change
Authors: BARNES A. P. , WREFORD A. , BUTTERWORTH M. H. , SEMENOV M. A. , MORAN D. , EVANS N. , FITT B. D. L.
Published: August 2010

Various adaptation strategies are available that will minimize or negate predicted climate change-related increases in yield loss from phoma stem canker in UK winter oilseed rape (OSR) production. A number of forecasts for OSR yield, national production and subsequent economic values are presented, providing estimates of impacts on both yield and value for different levels of adaptation. Under future climate change scenarios, there will be increasing pressure to maintain yields at current levels. Losses can be minimized in the short term (up to the 2020s) with a ‘low’-adaptation strategy, which essentially requires some farmer-led changes towards best management practices. However, the predicted impacts of climate change can be negated and, in most cases, improved upon, with ‘high’-adaptation strategies. This requires increased funding from both the public and private sectors and more directed efforts at adaptation from the producer. Most literature on adaptation to climate change has had a conceptual focus with little quantification of impacts. It is argued that quantifying the impacts of adaptation is essential to provide clearer information to guide policy and industry approaches to future climate change risk.
Pressure-driven radial flow in a Taylor–Couette cell
Authors: TILTON NILS , MARTINAND DENIS , SERRE ERIC , LUEPTOW RICHARD M.
Published: August 2010

A generalized solution for pressure-driven flow through a permeable rotating inner cylinder in an impermeable concentric outer cylinder, a situation used commercially in rotating filtration, is challenging due to the interdependence between the pressure drop in the axial direction and that across the permeable inner cylinder. Most previous approaches required either an imposed radial velocity at the inner cylinder or radial throughflow with both the inner and outer cylinders being permeable. We provide an analytical solution for rotating Couette–Poiseuille flow with Darcy's law at the inner cylinder by using a small parameter related to the permeability of the inner cylinder. The theory works for suction, injection and even combined suction/injection, when the axial pressure drop in the annulus is such that the transmembrane pressure difference reverses sign along the axial extent of the system. Corresponding numerical simulations for finite-length systems match the theory very well.
Suppressing van der Waals driven rupture through shear
Authors: DAVIS M. J. , GRATTON M. B. , DAVIS S. H.
Published: August 2010

An ultra-thin viscous film on a substrate is susceptible to rupture instabilities driven by van der Waals attractions. When a unidirectional ‘wind’ shear τ is applied to the free surface, the rupture instability in two dimensions is suppressed when τ exceeds a critical value τc and is replaced by a permanent finite-amplitude structure, an intermolecular-capillary wave, that travels at approximately the speed of the surface. For small amplitudes, the wave is governed by the Kuramoto–Sivashinsky equation. If three-dimensional disturbances are allowed, the shear is decoupled from disturbances perpendicular to the flow, and line rupture would occur. In this case, replacing the unidirectional shear with a shear whose direction rotates with angular speed, , suppresses the rupture if τ ≳ 2τc. For the most dangerous wavenumber, τc ≈ 10−2 dyn cm−2 at ≈ 1 rad s−1 for a film with physical properties similar to water at a thickness of 100 nm.
Mixed regimes and political violence in Africa
Authors: Goldsmith Arthur A.
Published: August 2010

Political violence in sub-Saharan Africa is down. The number of military dictatorships and one-party states is also down. Are the two trends related? Conventional democratic peace theory says the answer is yes, because the relationship between democracy and peace is linear and positive. A revisionist view, however, raises questions. The majority of Africa's new regimes are not full democracies but mixed regimes that some studies find to have the greatest propensity to violent behaviour. Using statistical analysis of a trichotomous classification of African regimes from 1960 to 2008, this article suggests that neither argument fits the facts. Autocracies and partial democracies in this region appear to have similar exposure to conflict, with both types of systems suffering more conflict than full democracies. Variables other than regime type appear to be the driving forces behind these trends.
Angola's southern border: entrepreneurship opportunities and the state in Cunene
Authors: Rodrigues Cristina Udelsmann
Published: August 2010

Santa Clara, on Angola's southern border with Namibia, is now a very dynamic urban hub, both economically and socially. It stands out in the remote province of Cunene, recording greater growth in the last five years than the provincial capital, Ondjiva. Its recent transformation into a thriving trading centre was mostly due to massive migration and an intensification of trade between Angola and Namibia at the beginning of this century, although the region's history in the last hundred years is a very different one. While local traders and entrepreneurs have developed their own strategies within this context, national and local administrative structures of the recently pacified country are trying to regulate trading and settlement. These forces in action produce both more sustainable and organised urban growth and at the same time influence social and economic development in the region. The main boom seems to be over, due to relatively successful regulation, which makes the region less attractive to business activity. Traders and entrepreneurs operating locally now have to find new strategies and opportunities. This article, based on empirical research and combined surveys, conducts an analysis of these dynamics and contributes to an understanding of regulation impacts, the way in which local traders cope with them, and the strategies they have developed.
New low-frequency waves and negative mass instability in dusty plasmas
Authors: RESENDES D. P. , BINGHAM R. , MOTA S. , TSYTOVICH V. N.
Published: August 2010

Low-frequency dusty plasma waves with frequencies much smaller than the frequency of charging collisions of plasma particles with dust particles are considered taking into account elastic and charging collisions of plasma particles with dust and neutrals. The usual dust sound waves with an upper frequency equal to the dust plasma frequency are found to be present only for wavelengths much smaller than the plasma particle effective mean free path due to the effective collision frequency. The effectice collision frequency is found to be inversely proportional to the square root of the product of the charging frequency and the frequency of particle momentum losses, involving processes due to elastic plasma particle–dust collisions and collisions with neutrals. It is shown that when the wavelength of the wave is much larger than the mean free path for effective collisions, the properties of the waves are different from those considered previously. A negative mass instability is found in this domain of frequencies when the effective mean free path of ions is larger than the effective mean free path of electrons. In the absence of neutrals, this appears to be possible only if the temperature of ions exceeds the electron temperature. This can occur in laboratory experiments and space plasmas but not in plasma-etching experiments. In the absence of instability, a new dust oscillation, a dust charging mode, is found, whose frequency is almost constant over a certain range of wave numbers. It is inversely proportional to the dust mass and charging frequency of the dust. A new dust electron sound wave is found for frequencies less than the frequency of the dust charging mode. The velocity of the dust electron sound wave is determined by the electron temperature but not the ion temperature, as for the usual dust sound waves, with the electron temperature substantially exceeding the ion temperature.
Shifting voices with participant roles: Voice qualities and speech registers in Mesoamerica
Authors: Sicoli Mark A.
Published: August 2010

Although an increasing number of sociolinguistic researchers consider functions of voice qualities as stylistic features, few studies consider cases where voice qualities serve as the primary signs of speech registers. This article addresses this gap through the presentation of a case study of Lachixío Zapotec speech registers indexed though falsetto, breathy, creaky, modal, and whispered voice qualities. I describe the system of contrastive speech registers in Lachixío Zapotec and then track a speaker on a single evening where she switches between three of these registers. Analyzing line-by-line conversational structure I show both obligatory and creative shifts between registers that co-occur with shifts in the participant structures of the situated social interactions. I then examine similar uses of voice qualities in other Zapotec languages and in the two unrelated language families Nahuatl and Mayan to suggest the possibility that such voice registers are a feature of the Mesoamerican culture area. (Voice quality, register, performance, metapragmatics, Mesoamerica, Zapotecan, Mayan, Nahuatl)*
Contrasting approaches to old-age income protection in Korea and Taiwan
Authors: CHOI YOUNG JUN , KIM JIN WOOK
Published: August 2010

Old-age income security has become one of the most important social policy issues in two East Asian emerging welfare states, South Korea and Taiwan, as they transform at a remarkable pace into societies with a representation of older people approaching that of western countries. During the last two decades, the two countries have developed different forms of social protection for older people. South Korea has expanded social insurance pensions with means-tested benefits, whereas Taiwan has introduced flat-rate old-age allowance programmes that exclude the rich rather than target the poor. much has been written about these programmes, but their actual performance in reducing old-age poverty has not been thoroughly examined. This paper analyses the anti-poverty effect of these programmes, firstly by describing recent developments in the two countries, and secondly by examining headcount poverty rates and the size and incidence of the ‘poverty gap’ using nationally-representative micro-household datasets. We argue that while the programmes have increasingly reduced old-age income security, the different policy choices have resulted in distinctive welfare outcomes in the two countries. In the final section of the article, we discuss the long-term implications of the recent policy reforms.
The unequal lag in Latin American schooling since 1900: follow the money
Authors: Lindert Peter H.
Published: August 2010

Focusing on education–income anomalies, in which a richer country delivers less education than a poorer country, seems a promising way to harvest a part of the rich history that does not lend itself to econometrics. To test the chain of alleged causation from unequal power and wealth to poor schooling, one must follow the public money, or lack of it, in as many contexts as the data will allow. Public funding for mass schooling is the hitherto untested middle link in the chain. The key to Latin America’s poor schooling was the failure to supply tax money, not gender discrimination or any shortfall in market demand for skills. The most glaring anomalies were the Venezuelan and Argentine failures to supply the levels of tax support for mass schooling that their high income could have afforded.
An optimization method for the reference trajectory of parametric excitation walking
Authors: Taji Kouichi , Banno Yoshihisa , Harata Yuji
Published: August 2010

In parametric excitation walking, up-and-down motion of the center of mass restores mechanical energy and sustainable gait is generated. Not only walking performance but also walking ability strongly depends on the reference trajectory of the center of mass. In this paper, we propose an optimization method for the reference trajectory, in which the reference trajectory is confined to the quartic spline curves and the parameters of spline curves are optimized by a local search method usually used in combinatorial optimization. We apply the proposed method to a kneed biped robot and find some remarkably interesting results by numerical simulations.
Did the Presumption of Innocence Exist in Summary Proceedings?
Authors: Smith Bruce P.
Published: August 2010

Having long admired Norma Landau's pioneering work on the seventeenth- and eighteenth-century English magistracy, I am grateful to her for bringing her considerable expertise to bear on my article. Characteristically, Landau's criticism is extremely forceful. Unfortunately, the intriguing questions that Landau raises in her comment are obscured by a host of criticisms based on a misunderstanding of the claims that I advance. Landau attributes arguments to me that I do not make and ignores important ones that I do. In the process, she fails to engage with my central thesis: In summary proceedings that required suspects to “account” for materials found in their possession, the presumption of innocence did not exist.
Between Dependency and Liberty: The Conundrum of Children's Rights in the Gilded Age
Authors: Tanenhaus David S.
Published: August 2010

The Civil War, by abolishing chattel slavery, launched a revolutionary era in American constitutionalism during which lawmakers debated what liberty, dependency, and good governance would mean in the new nation. Although historians have made a convincing case for the significance of legal developments in the 1870s and 1880s, they have not focused much attention on the problem of children's rights in the age of slave emancipation. This is largely due to the assumption that the history of children's rights did not begin until the U.S. Supreme Court's landmark decisions inBrown v. the Board of Education(1954) andIn re Gault(1967). This article, however, builds on the work of scholars, such as Joseph Hawes and Mary Ann Mason, who have demonstrated that the ideas and practices central to the modern children's rights movement of the late twentieth century have deep roots in American history. I argue that a sophisticated conception of children's rights existed in the late nineteenth century and investigate how lawmakers in Illinois articulated it through their attempts to define the “rights” of “dependent children.”
Disaster Relief, “Do Anything” Spending Powers, and the New Deal
Authors: Gillman Howard
Published: August 2010

Less than two years after Justice Harlan Fiske Stone reportedly advised Franklin Roosevelt's secretary of labor that “You can do anything under the taxing power,” the U.S. Supreme Court ruled in U.S. v. Butler that Congress had no authority to create a system whereby farmers would receive subsidies for limiting production, with the funds coming from a tax on basic commodities. While Stone, along with Brandeis and Cardozo, voted to uphold this feature of the Agricultural Adjustment Act, a majority led by Justice Owen J. Roberts declared that this particular scheme of taxing and spending interfered with the reserve powers of the states to control local manufacturing and agriculture. Roberts cited the great nationalist Joseph Story for the proposition that “the Constitution was, from its very origin, contemplated to be a frame of a national government, of special and enumerated powers, and not of general and unlimited powers.… A power to lay taxes for the common defence and general welfare of the United States is not in common sense a general power. It is limited to those objects. It cannot constitutionally transcend them.” The AAA was “a scheme for purchasing with federal funds submission to federal regulation of a subject reserved to the states. … If the Act before us is a proper exercise of the federal taxing power, evidently the regulation of all industry throughout the United States may be accomplished by similar exercise of the same power.”
“To Soften the Extreme Rigor of Their Bondage”: James Stephen's Attempt to Reform the Criminal Slave Laws of the West Indies, 1813–1833
Authors: Smandych Russell
Published: August 2010

In 1813, James Stephen, Jr., a twenty-four-year-old lawyer, was appointed part-time by the British Colonial Office to write legal opinions on the validity of colonial laws. In 1825, he began working full-time as legal advisor to the Colonial Office and held this position until 1836 when he was promoted to the top-ranking post of permanent under-secretary of the Colonial Office, which he held until 1847. During these years, Stephen frequently played a key role in influencing the direction taken by policies and reforms initiated through the Colonial Office. In particular, his important role in shaping Colonial Office “native policy” after the mid-1830s has been documented by several historians, and much has been written about his connection—through his anti-slavery father, Stephen, Sr., and his uncle William Wilberforce—to the famous Evangelical “Clapham Sect” that took a leading role in promoting a number of different humanitarian and social reform causes in the first half of the nineteenth century.
Justice, War, and the Imperium: India and Britain in Edmund Burke's Prosecutorial Speeches in the Impeachment Trial of Warren Hastings
Authors: Mukherjee Mithi
Published: August 2010

The impeachment trial of Warren Hastings has long been considered one of the key political trials in the history of the British empire. It was the first major public discursive event of its kind in England, and arguably in Europe as a whole, in which the colonial ambitions and practices of European powers in the east stood exposed to a close and comprehensive critique. In addition, the legal and moral legitimacy of colonialism itself was thrown into question before the highest judicial body in Britain, the House of Lords. The fact that the prosecution was led by Edmund Burke, one of the most articulate and prescient political statesman of modern Europe, has only added to the trial's enduring significance as a moment of critical reflection on colonial practices. Indeed, it could be argued that it was on this occasion, and in this act of defending the rights of an alien population against coercive colonial rule, that some of Burke's long-held political and ethical convictions found their clearest expression.
A Note on the Study of Indian Legal History
Authors: Kolsky Elizabeth
Published: August 2010

In his commentary, “The Historiography of Difference,” Kunal Parker hits on two crucial and interrelated themes that form the framework for debates in modern South Asian history: colonialism and subaltern agency. In this short response to Parker's comment, I address both of these issues and also offer some insights about methodological obstacles in the writing of Indian legal history.
The Law and Mob Law in Attacks on Antislavery Newspapers, 1833–1860
Authors: Kielbowicz Richard B.
Published: August 2010

Two months after a mob in Alton, Illinois, killed abolitionist editor Elijah Lovejoy and destroyed his fourth press, a jury acquitted several assailants accused of rioting. By the time that the trials commenced in January 1838, the defenses had all been publicly aired; indeed, they had been rehearsed in print and at well-attended meetings long before the attack occurred. The mob's leaders had taken special care over several months to lay a legal foundation for their action; most notably, the Illinois attorney general led the pre-attack rhetorical justification and the post-attack courtroom defense. In the end, the jury found that resorting to forcible measures in such circumstances did not clearly fall outside the law.
Somerset's Caseand Its Antecedents in Imperial Perspective
Authors: Cleve George Van
Published: August 2010

James Somerset was taken from Africa as a slave to the Americas in 1749. He was sold in Virginia to Charles Steuart, a Scottish merchant and slave trader in Norfolk who served after 1765 as a high-ranking British customs official. In 1769, Steuart took Somerset with him to England. After two years in England, Somerset escaped from Steuart, but was recaptured. Steuart decided to sell Somerset back into slavery in Jamaica, and, in late November 1771, Somerset was bound in chains on a ship on the Thames, theAnn and Mary, awaiting shipment.
Mansfield's Decision: Toward Human Freedom
Authors: Cleve George Van
Published: August 2010

As Daniel Hulsebosch and Ruth Paley show in their perceptive and helpful comments, Somerset's Case raises questions about several dimensions of the nature of British imperial slavery. As to those dimensions, we share considerable common ground. I agree with Paley that racism was an important element in the treatment of black slaves in England and in its colonies. Hulsebosch is correct that in the late eighteenth century protecting liberty in England by keeping England free from slavery could co-exist with the willingness or desire to maintain colonial slavery. However, as discussed below, the significance of the Somerset decision goes beyond racism and metropolitan protection.
“A Civil Inconvenience”? The Vexed Question of Slave Marriage in the British West Indies
Authors: Green Cecilia A.
Published: August 2010

This article revisits the debates on the question of slave marriage that were carried on for roughly two centuries, both back and forth across the Atlantic and on the local terrain of the British West Indian plantation colonies. These debates came into critical focus during the fifty-year showdown over “amelioration,” which ended—though only in a manner of speaking—with the British Abolition Act of 1833. For a long time the lines were starkly drawn, but, in the context of laissez-faire political imperium or “indirect rule,” seldom tested. The metropolitan authorities felt some obligation to uphold the grand moral and civilizational integrity of the as-yet imperfectly imagined British Empire, as well as of Western Christendom. They, therefore, were inclined to see the slave as a species of imperial subject, still vaguely conceived within the emerging terms of reference of their global trusteeship and presumptive legal jurisdiction. They felt that, to honor the dignity of the latter, and sustain and nurture its moral legitimacy, the slaves—their subjects, ultimately—should be encouraged to marry, and their marriages should be formally marked, if only symbolically or by summary Christian rite. The planters, for their part, were unshaken in their certitude that the slaves were a species of property,theirproperty no less, and that the idea of any kind of formal marriage among them was preposterous, a great impertinence, an attack on their authority and rights of property, a threat to public safety, and a dangerous intrusion upon the sacrosanctity of European racial exclusivity and superiority.
Imposing the Royal Pardon: Execution, Transportation, and Convict Resistance in London, 1789
Authors: Devereaux Simon
Published: August 2010

Shortly after two o'clock on the afternoon of Saturday, 19 September 1789, the last act of the sessions at Justice Hall in the Old Bailey began. London's accused capital offenders were tried here eight times yearly. Those who were convicted and received sentence of death or transportation remained in nearby Newgate Prison until their sentences could be carried into execution. So, too, did the capital respites: those convicts who were to be spared execution but who would not actually be pardoned until the Recorder of London, the chief sentencing officer at the Old Bailey, had decided what condition should be imposed. The vast majority of pardoned capital respites were transported to New South Wales. Before that condition of pardon could be put into effect, however, the respites had first to be brought back into the court at the end of another sessions in order to be formally notified, and to signal their acceptance, of the condition of their pardon—that is, to “plead their pardon” at the bar of the court. Although it is unclear from the sources whether or not the respites were still obliged, as they had been down to the 1690s at least, to present the most overt symbol of deference—kneeling while pleading their pardon—the symbolic significance of this procedure seems still to have been thought important, even if it had become largely a formality.
Once More unto the Breach, Dear Friends
Authors: Churchill Robert H.
Published: August 2010

In the 1990s the issue of gun control raised political passions to a fevered pitch. It is perhaps to be expected that some of that passion has spilled over into the scholarly debate about the meaning of the Second Amendment. I see that passion in the visceral responses my work has generated, in Saul Cornell's reflexive impulse to dismiss my work with crude labels, and in David Konig's unwillingness to engage fully the nuances of my thesis, which is neither strong nor weak, but certainly complex. In this context I appreciate William Merkel's courteous engagement of the full complexity of my argument.
Making Mexico: Legal Nationality, Chinese Race, and the 1930 Population Census
Authors: Augustine-Adams Kif
Published: August 2010

“Take the census; make the country. Let's do both together!” “Hacer censos, es hacer Patria. Ayúdenos a hacerlos” cajoled one bold, bright poster in the days before May 15, 1930 when census takers dispersed across Mexico to count its inhabitants. Other placards similarly played on multiple meanings for the verb “hacer”—to make or to do: “Taking a census will make the country …” “Hagamos censos y haremos patria…” At the same time, within that collective nation-building, a census jingle affirmed individual importance: “A census is a count. He who is numbered, counts. And he who counts, succeeds.” “Un censo es una cuenta. El que censa, cuenta. Y el que cuenta, acierta.” In government propaganda, the 1930 census made Mexico and drew its inhabitants into the national fold, an ongoing, delicate project after the fratricide of the 1910 Revolution.
Introduction: A Famous Fox, a Surfacing Whale, and the Forgotten Slave
Authors: Brophy Alfred L.
Published: August 2010

Discoveries in history occur in lots of different ways. Every once in a while we come across some forgotten documents—a photograph of Lincoln at Gettysburg, a trial transcript, other long-neglected court records, or a family archives. At other times we learn something new by just looking in old books while asking questions that we have not previously asked (or approaching those questions with skepticism) or by looking again and more deeply at published reports.
21st Century Fox: Pierson v. Post, Then and Now
Authors: Banner Stuart
Published: August 2010

Most court opinions are like actors: the older they get, the less people pay attention to them. For instance, the case immediately after Pierson v. Post in volume 3 of Caines's Reports is called Hollingsworth v. Napier. It was an important case in its day, much more important than Pierson v. Post, because it involved a recurring question of commercial law: what rights, if any, did a seller retain in goods stored in a public warehouse after he had delivered a bill of sale to the buyer? Hollingsworth went on to be cited in forty court opinions distributed fairly evenly through the 1870s, but then its career was over. It was cited twice in the 1880s, once in 1892, and never again.
Facts, Information, and the Newly Discovered Record in Pierson v. Post
Authors: Krier James E.
Published: August 2010

Unlike Professors Fernandez, Banner, and Donahue, I am not a legal historian; like them, however, I am much interested in the comings and goings of the famous old case about the fox. It figures significantly in my course on property and in my co-authored book on the subject. The background of the case is noted in the book and will be updated in the next edition to take account of Fernandez's discovery of the hitherto lost judgment roll in the case. Her find yields many facts, but, in my judgment, virtually no information. Facts are necessary to information, but not sufficient. A fact without purpose is useless; coupled with purpose, it becomes information. The information itself might be trivial, as it is in trivia games. Suppose you are playing a game, a trivia game, where stating the right fact wins you points. Suppose the name of William Blackstone's tailor was Jonas Maybird, and this is a fact you happen to know. Suppose you are asked, What was the name of William Blackstone's tailor? You answer correctly and win points. Outside the game, the name of Blackstone's tailor is just a fact; inside the game, it is information. Change the game to a scholarly one concerned with illuminating Blackstone's Commentaries on the Laws of England, and we are back to the name of Blackstone's tailor being just a worthless fact. For purposes of understanding Blackstone, I presume that to know the name of his tailor is to know a fact that carries no information; it has no purpose in the enterprise. Change the game again, to a study of famous tailors in eighteenth-century England, and then once again the Maybird-Blackstone connection is not just a fact, but a piece of information. So it all depends on the game.
Living without Labels
Authors: Rodgers Daniel T.
Published: August 2010

Charles Evans Hughes's career ran along the fault lines of most of the major political events of his lifetime. Muckraking catapulted him to fame. He governed New York during four key years of the Progressive era as an effective administrator and earnest reformer. He stayed with the Republican Party when the Progressives bolted in 1912. He ran for the presidency in 1916 but missed the prize, albeit by a narrower electoral college margin than any other contender until the very end of the century. He was instrumental in negotiating the international naval disarmament accords of 1921–22, landmarks of progressive internationalism in their day that fell under sharp criticism a decade later. He presided over the U.S. Supreme Court during the key years of the New Deal, though in most histories of the 1930s Court he comes across as something of an also-ran behind its more memorable shapers: Brandeis, Cardozo, Sutherland, Black, even Roberts. Hard to pin to any achievement or distinct idea, slipping in and out of the dramatic movements of his day, he was the kind of man who makes history but easily falls out of the history books.
Langdell on Contracts and Legal Reasoning: Correcting the Holmesian Caricature
Authors: Kimball Bruce A.
Published: August 2010

During the first decade of his tenure as dean of Harvard Law School (HLS) from 1870 to 1895, Christopher C. Langdell (1826–1906) produced closely related works on contracts and sales that exercised great influence pedagogically and jurisprudentially. Pedagogically, the casebooks on contracts and sales introduced case method teaching into American legal education. In jurisprudential terms, these works placed Langdell with Frederick Pollock and William R. Anson in England and Oliver W. Holmes, Jr., in the United States, as the leading theorists of contract during its “golden age” of “overwhelming predominance” in Anglo-American law.
Seduction, Sexual Violence, and Marriage in New York City, 1886–1955
Authors: Robertson Stephen
Published: August 2010

On February 15, 1886, in a New York City courtroom, Bridget Grady placed her mark on an affidavit charging Bernard Reilly with rape. The twenty-six-year-old servant told the magistrate that in July of the previous year, while her employer was in the country, Reilly had called on her at the east 38th Street home where she worked. he had been Bridget's “steady company” for about three years and had “several times told her that if he married at all, he would marry her.” During the visit he made what Bridget described as unexpected, unprecedented “advances” to her. When she resisted, Reilly seized her, and they fell to the floor. Bridget, being, as she put it, a “proper and virtuous woman,” became so frightened at Reilly's conduct that she immediately lost consciousness. While Bridget was in that state, Reilly had sexual intercourse with her, as a result of which Bridget became pregnant. once she regained consciousness, Bridget “began to cry, and declared she would kill herself; he took her upon his lap and tried to pacify her, telling her at that time that if anything came of it he would marry her.” As a result of that promise, Bridget took no action against Reilly. Seven months later, however, still unmarried, and due to give birth to a child in two months, Bridget had come to the court to make a complaint.
The Mind of a Moral Agent: Scottish Common Sense and the Problem of Responsibility in Nineteenth-Century American Law
Authors: Blumenthal Susanna L.
Published: August 2010

Addressing an audience of medical students in 1810, the Philadelphia physician Benjamin Rush recounted a recent call he had made, in consultation with a Dr. Physick, to the residence of “a lady in this city, equally admired for her amiable virtues and elegant accomplishments.” As they were seated in the parlor, she related her medical complaint: “I am blessed with one of the best of husbands, and a family of promising children, whom I love most affectionately,” she began, “and yet, in the paroxysms of my disease, and with the perfect exercise of my reason, I wish for an ax, that I might split open their heads, and lay them all dead at my feet.” Upon hearing this terrible confession, Rush was convinced that he was faced with a case of “moral derangement.” By this, he meant “that state of mind in which the passions act involuntarily through the instrumentality of the will,” a condition he linked to an underlying physical disorder. Since this form of derangement was most clearly manifest in the commission of crime, Rush explained, it was invariably mistaken for ordinary depravity in courts of law, with tragic results. In fact, he reckoned that if his patient were to succumb to her morbid impulses, her fate would be sealed: all her virtues and accomplishments would prove insufficient to save her “from expiating her disease by an ignominious death.” Rush further observed that there was cause for concern on the civil side of the docket as well, for it appeared that the morally deranged were left free to make wholly unnatural dispositions of their estates, to the great injury of their unoffending families. In light of this state of affairs, he charged his students with broader “objects and duties” than simply caring for their patients. It was, he insisted, a physician's civic obligation to extend the benefits of his science “to the protection of property and life” through the cultivation of a distinctly “medical jurisprudence.”
The Metaphysics of Mind and the Practical Science of the Law
Authors: Seo Sarah A. , Witt John Fabian
Published: August 2010

In “Mind of a Moral Agent,” Susanna Blumenthal elegantly limns the rise and partial fall of the common sense theory of moral responsibility in American law. As Blumenthal convincingly describes it, the problem for early American jurists was nothing less than to solve the paradox of determinism and free will. How can the law declare someone morally culpable unless we are free to choose our own ends?
Sanctuary and the Legal Topography of Pre-Reformation London
Authors: McSheffrey Shannon
Published: August 2010

In early sixteenth-century England, the presence of ecclesiastical sanctuaries in the legal, social, and religious landscape was a matter of great controversy. Any English church could offer temporary sanctuary to an accused felon, a privilege that expired after about forty days, following which the felon had to abjure the realm. More contentiously, by the late Middle Ages a number of English religious houses used their status as royally-chartered liberties to offer sanctuary permanently, not only to accused criminals, but also to debtors, alien craftsmen, and, especially during the civil wars of the fifteenth century, political refugees. These ecclesiastical liberties, small territories that exercised varying extents of juridical and political autonomy, considerably complicated the jurisdictional map of late medieval England. London in particular, with its host of liberties and peculiars, constituted a patchwork quilt of legal jurisdictions. Although the mayor and aldermen of London were wont to say that the “chyeff and most commodyous place of the Cytie of London” constituted “one hoole Countie and one hoole Jurisdiccion and libertie” over which its citizens ruled, saving only the authority of the king himself, this confident as-sertion of the City's jurisdiction over the metropolitan square mile was constantly belied by the presence of these liberties. The most notable—and for the City, the most troubling—was the sanctuary at St. Martin Le Grand, a sizeable area within the bounds of the City, before 1503 governed by the dean and canons of the College of St. Martin, after 1503 absorbed into the lands attached to Westminster Abbey and ruled by the abbot. For about two centuries before St. Martin Le Grand was dissolved in 1542, its precinct was home to a thriving population of debtors, accused felons, and perhaps most numerously alien craftsmen, all seeking for various reasons to avoid civic or royal jurisdiction.5 The dissolution of religious houses which accompanied the English Reformation greatly lessened, although did not altogether eradicate, the privileges of St. Martin's.
Response to Ken Mack—and New Questions for the History of African American Legal Liberalism in the Age of Obama
Authors: Maclean Nancy
Published: August 2010

I so appreciate Professor Mack's generous comments onFreedom Is Not Enough—and even more his critical engagement with it. It's an author's dream to have a leading scholar in a related field read with such care and insight, and I am very grateful for this opportunity to converse about the intriguing issues he has raised. I first encountered some of Ken's articles about civil rights lawyering beforeBrownafterFreedom Is Not Enoughwas in press, and I thought then that my discussion of the earlier history would have been enhanced by them because his portrayal was so rich while our perspectives on the relationship between law and activism were so congruent. Now, reading his comments on the work as published, I wish I had studied law with him! His challenges would have made it a better book.
“Of Portuguese Origin”: Litigating Identity and Citizenship among the “Little Races” in Nineteenth-Century America
Authors: Gross Ariela
Published: August 2010

The history of race in the nineteenth-century United States is often told as a story of black and white in the South, and white and Indian in the West, with little attention to the intersection between black and Indian. This article explores the history of nineteenth-century America's “little races”—racially ambiguous communities of African, Indian, and European origin up and down the eastern seaboard. These communities came under increasing pressure in the years leading up to the Civil War and in its aftermath to fall on one side or the other of a black-white color line. Drawing on trial records of cases litigating the racial identity of the Melungeons of Tennessee, the Croatans/Lumbee of North Carolina, and the Narragansett of Rhode Island, this article looks at the differing paths these three groups took in the face of Jim Crow: the Melungeons claiming whiteness; the Croatans/Lumbee asserting Indian identity and rejecting association with blacks; the Narragansett asserting Indian identity without rejecting their African origins. Members of these communities found that they could achieve full citizenship in the U.S. polity only to the extent that they abandoned their self-governance and distanced themselves from people of African descent.
The Origin and Early History of the Writs of Entry
Authors: Biancalana Joseph
Published: August 2010

The writs of entry are of interest chiefly because they offer an example of how, in the first century of its history, the common law grew by the creation of new writs. The first writs of entry were among the earliest writs to be invented after the legal reforms of Henry II. Further writs of entry were created after 1217. The distinctive feature of a writ of entry was that it challenged what plaintiff thought was the basis of defendant's claim to the land in dispute. A writ of entry alleged that defendant “had no entry” into the land other than by a transaction or taking that did not authorize him to hold the land.
Should Empathic Development Be a Priority in Biomedical Ethics Teaching? A Critical Perspective
Authors: MAXWELL BRUCE , RACINE ERIC
Published: August 2010

Biomedical ethics is an essential part of the medical curriculum because it is thought to enrich moral reflection and conduce to ethical decisionmaking and ethical behavior. In recent years, however, the received idea that competency in moral reasoning leads to moral responsibility “in the field” has been the subject of sustained attention. Today, moral education and development research widely recognize moral reasoning as being but one among at least four distinguishable dimensions of psychological moral functioning alongside moral motivation, moral character, and moral sensitivity. In a reflection of this framework, medical educators and curriculum planners repeatedly advance the idea that educators should be concerned with supporting empathy, and this, very often, as a means of improving on and broadening medical ethics education’s traditional focus on moral reasoning.
The Unique Nature of Clinical Ethics in Allied Health Pediatrics: Implications for Ethics Education
Authors: DELANY CLARE , SPRIGGS MERLE , FRY CRAIG L , GILLAM LYNN
Published: August 2010

Ethics education is recognized as an integral component of health professionals’ education and has been occurring in various guises in the curricula of health professional training in many countries since at least the 1970s. However, there are a number of different aims and approaches adopted by individual educators, programs, and, importantly, different health professions that may be characterized according to strands or trends in ethics education.
Rural Healthcare Ethics: No Longer the Forgotten Quarter
Authors: NELSON WILLIAM , GREENE MARY ANN , WEST ALAN
Published: August 2010

The rural health context in the United States presents unique ethical challenges to its approximately 60 million residents, who represent about one quarter of the overall population and are distributed over three-quarters of the country’s land mass. The rural context is not only identified by the small population density and distance to an urban setting but also by a combination of social, religious, geographical, and cultural factors. Living in a rural setting fosters a sense of shared values and beliefs, a strong work ethic, self-reliance, and a tendency for close-knit extended social structures where overlapping relationships are commonplace.