bluuebunny/crossref_metadata_2025 huggingface dataset:
The Russian puzzle: Mortality and ethnicity in a changing society, 1994–2004
Authors: Bougdaeva Saglar
Published: August 2010

Do ethnic minority populations cope better with the transition from socialism and subsequent economic decline than Russian majority populations in post-communist Russia?

Using multivariate and random-effects models for the 1994–2004 panel data and adjusting for income, urbanization, and crime, this paper demonstrates that the long-standing pattern of Muslim mortality advantage continued to persist during the post-Soviet mortality crisis in Russia. This study suggests that in the ethno-territorial federative system of Russia belonging not to autonomous republics, but to the Muslim ethno-religious communities was significant in resistance to cumulative death crisis during a period of dramatic societal changes. In fact, both living in the Caucasus environment and in the Muslim ethno-religious communities appeared to be significant factors. This study suggests that not only religion, but cultural practices based on ethno-religious and environmental prescriptions may account for collectively healthier practices and, therefore, advantageous mortality outcomes.
ENTROPY AND RENORMALIZED SOLUTIONS FOR THEp(x)-LAPLACIAN EQUATION WITH MEASURE DATA
Authors: ZHANG CHAO , ZHOU SHULIN
Published: August 2010

In this paper we prove the existence and uniqueness of both entropy solutions and renormalized solutions for thep(x)-Laplacian equation with variable exponents and a signed measure inL1(Ω)+W−1,p′(⋅)(Ω). Moreover, we obtain the equivalence of entropy solutions and renormalized solutions.
On the lateral migration of a slightly deformed bubble rising near a vertical plane wall
Authors: SUGIYAMA KAZUYASU , TAKEMURA FUMIO
Published: August 2010

Deformation-induced lateral migration of a bubble slowly rising near a vertical plane wall in a stagnant liquid is numerically and theoretically investigated. In particular, our focus is set on a situation with a short clearance c between the bubble interface and the wall. Motivated by the fact that numerically and experimentally measured migration velocities are considerably higher than the velocity estimated by the available analytical solution using the Faxén mirror image technique for a/(a + c) ≪ 1 (here a is the bubble radius), when the clearance parameter ϵ(=c/a) is comparable to or smaller than unity, the numerical analysis based on the boundary-fitted finite-difference approach solving the Stokes equation is performed to complement the experiment. The migration velocity is found to be more affected by the high-order deformation modes with decreasing ϵ. The numerical simulations are compared with a theoretical migration velocity obtained from a lubrication study of a nearly spherical drop, which describes the role of the squeezing flow within the bubble–wall gap. The numerical and lubrication analyses consistently demonstrate that when ϵ ≤ 1, the lubrication effect makes the migration velocity asymptotically μVB12/(25ϵγ) (here, VB1, μ and γ denote the rising velocity, the dynamic viscosity of liquid and the surface tension, respectively).
Gill ectoparasite assemblages of two non-native Cichla populations (Perciformes, Cichlidae) in Brazilian reservoirs
Authors: Yamada F.H. , Santos L.N. , Takemoto R.M.
Published: August 2010

The gills of 41 Cichla piquiti and 39 C. kelberi from Itaipu and Lajes reservoirs, respectively, Brazil, were examined to describe the ectoparasite assemblages of these two non-native peacock-bass populations. All ectoparasite species of the two studied hosts (C. piquiti and C. kelberi) were dominant, but Ascocotyle sp. (metacercariae) was the prevalent (58.53%) and most abundant helminth species in C. piquiti hosts, while Sciadicleithrum ergensi was the dominant species in C. kelberi hosts. Gill ectoparasites of C. piquiti and C. kelberi showed a typical pattern of overdispersion or aggregation, which is commonly reported for many other freshwater fishes. Ectoparasite prevalence and abundance did not vary between host sexes of the two Cichla populations. The prevalence and abundance of Ascocotyle sp. were positively correlated with C. piquiti standard length (SL), but only the abundance of S. ergensi showed a positive correlation with C. kelberi SL. Although environmental differences between reservoirs might also have influenced the results, we anticipated that the presence of a close congener in Itaipu reservoir and the lack of other Cichla species in Lajes reservoir were the key factors to explain the contrasts between C. piquiti and C. kelberi gill ectoparasites. Overall, our results suggest that the trend of parasite species loss through the invasion process may have contributed to the establishment of non-native C. piquiti and C. kelberi populations in Brazilian reservoirs.
Miners' magic: artisanal mining, the albino fetish and murder in Tanzania
Authors: Bryceson Deborah Fahy , Jønsson Jesper Bosse , Sherrington Richard
Published: August 2010

A series of murders of albinos in Tanzania's north-west mining frontier has been shrouded in a discourse of primitivism by the international and national press, sidestepping the significance of the contextual circumstances of an artisanal mining boom firmly embedded in a global commodity chain and local profit maximisation. The murders are connected to gold and diamond miners' efforts to secure lucky charms for finding minerals and protection against danger while mining. Through the concept of fetish creation, this article interrogates the agency of those involved in the murders: the miners who purchase the albino charms, thewagangahealers renowned for their healing, divination and sorcery skills who prescribe and sell the charms, and the albino murder victims. The agrarian background, miners' ambitions and a clash of values comprise our starting point for understanding the victimisation of albinos.
Attenuated responses to emotional expressions in women with generalized anxiety disorder
Authors: Palm M. E. , Elliott R. , McKie S. , Deakin J. F. W. , Anderson I. M.
Published: August 2010

Background

Generalized anxiety disorder (GAD) is under-researched despite its high prevalence and large impact on the healthcare system. There is a paucity of functional magnetic resonance imaging (fMRI) studies that explore the neural correlates of emotional processing in GAD. The present study investigated the blood oxygen level dependent (BOLD) response to processing positive and negative facial emotions in patients with GAD.

Method

A total of 15 female GAD patients and 16 female controls undertook an implicit face emotion task during fMRI scanning. They also performed a face emotion recognition task outside the scanner.

Results

The only behavioural difference observed in GAD patients was less accurate detection of sad facial expressions compared with control participants. However, GAD patients showed an attenuated BOLD signal in the prefrontal cortex to fearful, sad, angry and happy facial expressions and an attenuated signal in the anterior cingulate cortex to happy and fearful facial expressions. No differences were found in amygdala response.

Conclusions

In contrast with previous research, this study found BOLD signal attenuation in the ventrolateral and medial prefrontal cortex and the anterior cingulate cortex during face emotion processing, consistent with a hypothesis of hypo-responsivity to external emotional stimuli in GAD. These decreases were in areas that have been implicated in emotion and cognition and may reflect an altered balance between internally and externally directed attentional processes.
Universal prevention of depression in women postnatally: cluster randomized trial evidence in primary care
Authors: Brugha T. S. , Morrell C. J. , Slade P. , Walters S. J.
Published: August 2010

Background

To test whether receiving care from a health visitor (HV) trained in identification and psychological intervention methods prevents depression 6–18 months postnatally in women who are not depressed 6 weeks postnatally.

Method

The study was a prospective cluster trial, randomized by GP practice, with follow-up for 18 months in 101 primary care teams in the Trent area of England. The participants were women scoring <12 on the postal Edinburgh Postnatal Depression Scale (EPDS) at 6 weeks postnatally (1474 intervention and 767 control women). Intervention HVs (n=89, 63 clusters) were trained in identifying depressive symptoms using the EPDS and face-to-face clinical assessment and in providing psychologically orientated sessions based on cognitive behavioral or person-centered principles. The control group comprised HVs (n=49, 37 clusters) providing care as usual (CAU). The primary outcome measure was the proportion of women scoring ⩾12 on the EPDS at 6 months postnatally. Secondary outcomes were mean EPDS score, Clinical Outcomes in Routine Evaluation – Outcome Measure (CORE-OM) score, State–Trait Anxiety Inventory (STAI), 12-item Short Form Health Survey (SF-12) and Parenting Stress Index Short Form (PSI-SF) scores at 6, 12 and 18 months.

Results

After adjusting for individual-level covariates, living alone, previous postnatal depression (PND), the presence of one or more adverse life events and the 6-week EPDS score, the odds ratio (OR) for EPDS ⩾12 at 6 months was 0.71 [95% confidence interval (CI) 0.53–0.97, p=0.031] for the intervention group (IG) women compared with the control (CAU) group women. Two subgroups were formed by baseline severity: a ‘subthreshold’ subgroup with a 6-week EPDS score of 6–11 (n=999) and a ‘lowest severity’ subgroup with a 6-week EPDS score of 0–5 (n=1242). There was no difference in psychological effectiveness by subgroup (interaction term: z=−0.28, p=0.782).

Conclusions

This study provides new evidence of a universal, enduring preventive effect for depression in women who screen negative for depression postnatally.
Enregistering internet language
Authors: Squires Lauren
Published: August 2010

This article investigates the enregisterment of an internet-specific language variety and its features. The enregisterment of internet language is explored through several sites of metadiscourse: academic scholarship about computer-mediated communication, uses of the metalinguistic termsnetspeakandchatspeakin print media, and online comment threads about language and the internet. This metadiscourse provides evidence of a shared concept of internet language as comprising distinctive written features, primarily acronyms, abbreviations, and respellings. Internet language's enregisterment emerges from standard language ideology and deterministic views of technology, where the construal of these features as both nonstandard and internet-specific articulates the perceived distinctiveness of internet interactions. Yet empirical evidence shows that these features are relatively rare in instant messaging conversations, one form of interaction to which internet language is attributed; this discrepancy has implications for the application of indexical order to enregisterment. (Enregisterment, language ideology, computer-mediated communication, internet, metadiscourse, indexical order, Standard English, technological determinism, mass media)*
Five centuries of Latin American income inequality
Authors: Williamson Jeffrey G.
Published: August 2010

Most analysts of the modern Latin American economy believe that it has always had very high levels of inequality. Indeed, some have argued that high inequality appeared very early in the post-conquest Americas, and that this fact supported rent-seeking and anti-growth institutions that help explain the disappointing growth performance we observe there even today. This paper argues to the contrary. Compared with the rest of the world, Latin American inequality wasnothigh either in pre-conquest 1491 or in the post-conquest decades following 1492. Indeed, it wasnoteven high in the mid-19thcentury just before Latin America’sbelle époque. It only became high thereafter. Historical persistence in Latin American inequality is a myth.
Colonial Origins of Inequality in Hispanic America? Some Reflections Based on New Empirical Evidence
Authors: Dobado González Rafael , García Montero Héctor
Published: August 2010

This paper attempts to contribute to the ongoing debate on the historical roots of the high economic inequality of contemporary Iberian America. Our approach, which is basically empirical, departs from the mainstream scholarship. We show new data on wages and heights in several viceroyalties that (1) suggest relatively medium-to-high levels of material welfare among the commoners in Bourbon Hispanic America; and (2) allow us to build indexes of economic inequality. An international comparison of those indexes casts some doubts on the widely accepted view that Viceroyal America’s economy was exclusively based on extremely unequal or extractive institutions, as it has been popularized by the influential works by Engerman and Sokoloff and Acemogluet al.
Between the colonial heritage and the first globalization boom: on income inequality in the Southern Cone
Authors: Bértola Luis , Castelnovo Cecilia , Rodríguez Javier , Willebald Henry
Published: August 2010

This paper presents a first estimate of income inequality in the Southern Cone of South America (Brazil 1872 and 1920, Chile 1870 and 1920, Uruguay 1920) and some assumptions with regard to Argentina (1870 and 1920) and Uruguay (1870). We find that income distribution was relatively high on the eve of the first globalization boom. Thus, inequality is not only the result of globalization, but also a structural feature. Inequality increased between 1870 and 1920, both within individual countries and between countries. Globalization forces do not result in obvious outcomes. Rather, the effect of globalization on inequality depends on the expansion of the frontier and institutional persistence and change in old and new areas. Inequality was clearly high in the wake of the globalization process. This was a particular kind of inequality, which was part of a set of institutions closely linked to the exports of primary goods, sluggish technological change and limited human capital formation.
Travelers, Strangers, and Jim Crow: Law, Public Accommodations, and Civil Rights in America
Authors: Sandoval-Strausz A. K.
Published: August 2010

Public accommodations—hotels, trains, restaurants, steamboats, theaters, buses, motels, and the like—were for more than a century located at the epicenter of legal and political struggles for racial equality. From the age of Reconstruction to the civil rights movement of the mid-twentieth century, civil rights in public places stood alongside voting rights, school integration, and equal opportunity in employment and housing as conditions that black people and their allies claimed as necessary attributes of a just society. The Civil Rights Act of 1875 and the Supreme Court rulings in theCivil Rights Casesand especially inPlessy v. Fergusonwere critical episodes in the career of Jim Crow in the nineteenth century, followed in the twentieth by the Montgomery bus boycott, the sit-ins, the Freedom Rides, and the Civil Rights Act of 1964.
The Presumption of Guilt and the English Law of Theft, 1750–1850
Authors: Smith Bruce P.
Published: August 2010

When it is said that a defendant to a criminal charge is presumed to be innocent, what is really meant is that the burden of proving his guilt is upon the prosecution. This golden thread…runs through the web of the English criminal law. Unhappily Parliament regards the principle with indifference—one might almost say with contempt. The statute book contains many offences in which the burden of proving his innocence is cast on the accused.

No principle in Anglo-American criminal law is more vaunted than the so-called “presumption of innocence”: the doctrine that the prosecution must bothproduceevidence of guilt andpersuadethe fact-finder “beyond a reasonable doubt.” The claim that “every man is presumed to be innocent until he is proved guilty” has been described as “dear to the hearts of Englishmen” and as an omnipresent feature of English criminal law. In 1895, the United States Supreme Court declared the “presumption of innocence in favor of the accused” to be “the undoubted law, axiomatic and elementary”—a protection that “lies at the foundation of the administration of our criminal law.” Befitting its lofty stature in Anglo-American legal culture, the presumption has become associated, over time, with that most famous of Blackstonean maxims: “[I]t is better that ten guilty persons escape, than that one innocent suffer.”
“This Death Some Strong and Stout Hearted Man Doth Choose”: The Practice of Peine Forte et Dure in Seventeenth- and Eighteenth-Century England”
Authors: McKenzie Andrea
Published: August 2010

…he [that] is judged mute, that is dumme by contumacie…his condemnation is to be pressed to death, which is one of the cruellest deathes that may be: he is layd upon a table, and an other uppon him, and so much weight of stones or lead laide uppon that table, while as his bodie be crushed, and his life by that violence taken from him. This death some strong and stout hearted man doth choose, for being not condemned of felonie, his bloud is not corrupted, his lands nor goods confiscate to the Prince…
Judicial Review and the Power of the Purse
Authors: Dauber Michele Landis
Published: August 2010

Howard Gillman is unconvinced by my argument that New Deal lawyers turned to the history of federal disaster relief in support of key spending measures, such as the Social Security Act. Likewise, he is unpersuaded by Justice Stone's suggestion to Frances Perkins that she could “do anything under the taxing power.” I understand why Stone's comment grates on Gillman's modern ear; it grated on mine too. What is Stone talking about, and how could his comment be squared with our understanding of the pre–New Deal period as one of sharp limits to federal power imposed by the courts? Gillman's conviction that, in this era, the Supreme Court exercised substantial veto power over federal spending leads him to some critical misreadings of key cases and misstatements of fact. I appreciate the opportunity to respond to his comments and, in particular, to include some details regarding Supreme Court developments for which there was no space in the article itself.
Boutilierand the U.S. Supreme Court's Sexual Revolution
Authors: Stein Marc
Published: August 2010

In its controversial 2003 decision inLawrence v. Texas, the U.S. Supreme Court struck down state sodomy laws as unconstitutional violations of the rights of consenting adults to have sex in private. These laws, still in existence in thirteen states at the time ofLawrence, were infrequently enforced in the late twentieth and early twenty-first centuries but were often used to justify and legitimate sexual discrimination in employment, immigration, marriage, the military, and other arenas of “private” and “public” life. In this sense, they functioned like state laws against adultery, cohabitation, and fornication. Rarely utilized and widely flouted, these prohibitions remained on the books, available for use in struggles over sex and sexuality and in debates about the parameters of sexual citizenship.
Codification and the Rule of Colonial Difference: Criminal Procedure in British India
Authors: Kolsky Elizabeth
Published: August 2010

On July 10, 1833, an aspiring young English lawyer named Thomas Babington Macaulay stood before the Parliament and presented an impassioned argument about the future role of British governance in India. Whereas in Europe, as Macaulay saw it, “The people are everywhere perfectly competent to hold some share, not in every country an equal share, but some share of political power,” in India, Macaulay asserted, “you cannot have representative institutions.” Thus the role of the British colonizers was “to give good government to a people to whom we cannot give a free government.” At the core of Macaulay's good but not free government stood what he saw as one of England's greatest gifts to the people of India: a rule of law.
Sir John Fielding and Public Justice: The Bow Street Magistrates' Court, 1754–1780
Authors: Beattie J. M.
Published: August 2010

John Fielding succeeded his half-brother, the novelist Henry Fielding, as the leading magistrate in Westminster in 1754 in the midst of a crime wave in London. Over the previous six years, since the peace that had brought the war of Austrian Succession to an end, frequent reports of highway robberies around London and muggings on the streets of the capital had provided constant reminders, along with the high levels of executions at Tyburn, of the depth and seriousness of the crisis. Substantial rewards for the prosecution and conviction of robbers had failed to stem the tide. Nor had new legislation, deriving from the first enquiry ever held by a parliamentary committee into the problem of crime, diminished the danger on the streets. By the fall of 1753, with crime still apparently at an alarming height and a winter approaching that could only make things worse, the central government was ready to try new measures. It was in these circumstances that the Duke of Newcastle, the secretary of state, asked Henry Fielding to suggest what might be done.
Gun Regulation, the Police Power, and the Right to Keep Arms in Early America: The Legal Context of the Second Amendment
Authors: Churchill Robert H.
Published: August 2010

On April 19, 1775, the town of Concord, Massachusetts was the scene of an interesting confrontation. After the militia of Concord and the surrounding towns had driven the British back from the North Bridge, some of the militiamen began to disperse. The wife of Nathan Barrett, captain of one of Concord's militia companies, spotted one of her husband's men skedaddling home. She went out of her house to confront him, and when he explained that he was feeling ill, she responded that he must not take his gun with him. When he replied simply, “Yes, I shall,” she exclaimed, “No, stop, I must have it.” The militiaman refused and began to walk off. Mrs. Barrett gave chase, but her quarry was too quick.
Arms and the Man: What Did the Right to “Keep” Arms Mean in the Early Republic?
Authors: Konig David Thomas
Published: August 2010

Just as Virgil linked “arms and the man” in his epic history of Rome's origins, Americans have linked the bearing of arms with their own national origins. Regardless of other uses to which his image has been put, the Minuteman who stands guard at Concord reminds us that he stood his ground in 1775 to stop British regulars from seizing assembled weapons at Concord and disarming the Middlesex County militia. Robert Churchill provides us with an entertaining anecdote of a young man to illustrate his claim that such men actually believed that they were protecting their personal right to keep and bear arms. Asserting that he had become ill, the militiaman was “skedaddling home” after his company's engagement with British regulars at Concord in 1775. Though his captain's wife told him that “you must not take your gun with you,” he retorted, “Yes, I shall.” His refusal to yield his gun, explains Churchill, “transcended its importance in allowing him to meet his communal obligation. The gun was his, and he believed he had a right to keep it.” But this anecdote, though charming, demands closer examination. Like much in Churchill's essay, it reveals that items or statements taken out of context can be misinterpreted and misleading.
Mandatory Gun Ownership, the Militia Census of 1806, and Background Assumptions concerning the Early American Right to Arms: A Cautious Response to Robert Churchill
Authors: Merkel William G.
Published: August 2010

In “Gun Ownership in Early America,” published in theWilliam and Mary Quarterlyin 2003, Robert Churchill drew on probate inventories and militia records to make the case that arms ownership was pervasive in late colonial, revolutionary, and early national America. Churchill concluded with the observation that “[i]t is time to ponder what these guns meant to their owners and how that meaning changed over time.” In his substantial contribution to this volume ofLaw and History Review, Churchill takes up that challenge himself and advances the claim that widespread arms ownership engendered a sense of possessory entitlement, and that this notion of right informed constitutional sensibilities respecting guns and the Second Amendment. He acknowledges that a civic republican understanding focused on the militia was central to the framers' conception of the right to arms, but urges that another stream of discourse—individualistic, personal, and divorced from militia linked obligations—was present from the beginning. By the early nineteenth century, Churchill argues, this purely private view of the right to arms had become ascendant.
Early American Gun Regulation and the Second Amendment: A Closer Look at the Evidence
Authors: Cornell Saul
Published: August 2010

The scholarly debate over the meaning of the Second Amendment and the scope of gun regulation has been marred by ideological distortions. Michael Bellesiles, an ardent supporter of collective rights theory, argued that state control over weapons was virtually unlimited. Now Robert Churchill, a champion of individual rights theory, stakes out an equally bold position. In his view, a distinct and separate right to keep arms evolved under American law. According to this new variant of individual rights theory, the state might regulate bearing arms, but it was prohibited from regulating the right to keep arms.
The Career of Puritan Jurisprudence
Authors: Ross Richard J.
Published: August 2010

Scholars have long asked to what extent there was a distinctive Puritan jurisprudence in seventeenth-century Massachusetts. Purita n jurisprudenceis a shorthand that refers to those elements of seventeenth-century Massachusetts's laws and institutions designed or selected because of the early colony's religious commitments. Among the fundamentals of Puritan jurisprudence were the integrated and determined use of legal and ecclesiastical institutions to foster a godly community, the importance of the Bible as a touchstone for the legitimacy of rules, and a constitutional order restricting colony-wide voting and political office to regenerate members of covenanted churches. Some historians speak of “Puritan justice” or “Puritan legal culture” rather than “Puritan jurisprudence.” Differing in detail and emphasis, these formulations point to a core idea animating much writing about early Massachusetts: that the colony lived by a legal order distinctive by the standards of contemporary England and her North American and Caribbean colonies and strongly shaped by Puritan religious commitments and social thought.
Legal or Just? Law, Ethics, and the Double Standard in the Nineteenth-Century Divorce Court
Authors: Hoegaerts Josephine
Published: August 2010

On January 24, 1885, at 9:30 in the morning, a woman from the small rural village of Saint Laurent in East Flanders entered the Palace of Justice of Ghent. Pregnant with her eighth child, she had fled from her husband and was filing for a divorce. That morning, she was led to a small room—the office of the judge of the Regional Court—and was standing alone with four men whom she barely knew and did not understand because they spoke French. Her husband had only sent a lawyer to represent him. As the woman's “avoué” presented her complaints—abuse, threats, and finally her fear for the life of her unborn child that had forced her to leave the marital home—she could only hope he had correctly recorded her story and was representing it convincingly enough to take her case to the next level. Until then, her divorce had been a game between jurists in which she was not much more than a prop. After this reading of her complaints, however, the whole neighborhood was alerted to her failing marriage. Some neighbors even entered the courtroom with her to act as witnesses. Not only the judge, but the whole local community took up the task to decide if she had been the victim of a derailed husband, or had failed as a wife. And accordingly, it was decided if she was to become a “divorced woman,” with all the social stigmatization attached to that notion, or if she would be forced to return to her abusive husband again.
Hotspots in a Cold War: The NAACP's Postwar Workplace Constitutionalism, 1948–1964
Authors: Lee Sophia Z.
Published: August 2010

June of 1955 was a busy month for the NAACP. Throughout the country, members and officials used direct action and a variety of legal tools to further the organization's fight against workplace discrimination. At the NAACP's annual convention, the organization reaffirmed that it “vigorously supports the purposes of organized labor.” But it also urged that “[w]here labor unions still practice any form of racial discrimination,” its members should “bring all the pressure they can against these undemocratic and discriminatory practices,” including using publicity, filing complaints with President Eisenhower's Committee on Government Contracts (PCGC), and, “wherever possible, by court action.” The audience hardly seemed to need this reminder.
Flemming v. Nestor: Anticommunism, the Welfare State, and the Making of “New Property”
Authors: Tani Karen M.
Published: August 2010

Ephram (Fedya) Nestor, a Bulgarian-born immigrant to the United States, was “an unusual person,” according to his second wife Barbara. She met him in 1933 when he was selling vegetables from his car and remembers not really liking him. “He stayed too long,” he “talked too much,” and worst of all to this devoted radical, he “passionately espoused the cause of Communism [but] he didn't know too much about it.” Interviewed when she was ninety, sharp-witted Barbara Nestor still recalled how Fedya embarrassed her at a Marxist study group with his “foolish” statements and obvious lack of knowledge about Marx or communism. His family agreed he was “not much of a Communist” when he joined the local party in 1936 and could not be trusted with the simplest duties. Nonetheless, the federal government deported Fedya in 1956 for his brief Communist Party (CP) membership.
Papyrology and 3 Caines 175
Authors: Donahue Charles
Published: August 2010

Those who work with the papyri or stone inscriptions from the ancient world frequently are faced with incomplete texts. Papyrologists or epigraphers will attempt to fill in the missing parts of the text, relying on their knowledge of what similar documents say. Sometimes a later find will provide a missing piece. Experience with such finds has been that an expert reconstruction normally will get the basic sense of the document right, but rarely gets the exact wording right when anything more than a few letters needs to be filled in.
The Framing of a Right to Choose:Roe v. Wadeand the Changing Debate on Abortion Law
Authors: Ziegler Mary
Published: August 2010

The Supreme Court's decision inRoe v. Wade, arguably the most hotly debated in recent decades, has produced an impressive body of historical scholarship. The leading histories have focused on the evolution of the arguments and alliances that shape abortion debate today, rights-based prolife and pro-choice arguments, alliances between women's rights leaders and public health advocates, and the adoption of pro-choice positions by the Democratic Party and pro-life positions by the Republicans. This orientation is unquestionably a sensible one; rights-based arguments, in play beforeRoe, have come to dominate the debate after the decision. However, by emphasizing rights-based debate before the decision, the current scholarship has mostly missed a significant change in the rhetoric and coalitions on either side of the debate that was partly produced byRoeitself.
The Politics of Administrative Law: New York's Anti-Bureaucracy Clause and the O'Brian-Wagner Campaign of 1938
Authors: Ernst Daniel R.
Published: August 2010

In April 1938 New York's first constitutional convention since 1915 convened in Albany. When it adjourned in late August, one of the amendments slated for a referendum that fall was an “anti-bureaucracy clause,” a provision that would greatly increase the New York courts' oversight of the state's agencies. Although voters rejected it, contemporaries saw the anti-bureaucracy clause as a harbinger of a national campaign against the New Deal. In September 1938 Charles Wyzanski, a former member of the Solicitor General's office, warned Attorney General Homer Cummings that the anti-bureaucracy clause was “the advance signal of an approaching partisan attack on a national scale.” Wyzanski was right: in early 1939 a bill endorsed by the American Bar Association's House of Delegates was introduced in Congress by Representative Francis Walter and Senator Marvel Mills Logan. Just as the New York provision “would have almost certainly destroyed the effectiveness of the state administrative agencies,” the New Dealer Abe Feller warned Cummings's successor, so would the Walter-Logan bill hamstring the federal government. When President Franklin Roosevelt vetoed the bill in December 1940, he declared it part of a national campaign that had begun with the anti-bureaucracy clause.
How Arbitrary Was Tsarist Administrative Justice? The Case of the Zemstvos Petitions to the Imperial Ruling Senate, 1866–1916
Authors: Assa Natasha
Published: August 2010

One of the key principles of the modern legal state (Rechtsstaat) is the right of all citizens to seek judicial protection against unlawful acts of government officials. It stems from the fundamental principle of the rule of law that asserts that all citizens, including state officials, are equal before the law and have the right to a fair trial. Within this legal framework a distinct field of law, “administrative justice,” governs public litigation against state officials. Its domain of jurisdiction reflects complex philosophical and legal distinctions between the public and private spheres in the modern state. As legal scholars and philosophers continuously redefine the boundary between the public and private spheres, the prerogatives of government officials over the rights of private citizens continue to evolve. The key questions in the debate are as follows. Should the state guarantee an undisputed precedence of citizens’ rights over administration or should it protect its officials from widespread litigation and therefore grant them a certain degree of immunity? Should ordinary courts and laws decide disputes between government officials and private individuals, or should the state provide separate norms, judges, and procedures for administrative litigation? Should punishment for misuse of administrative power be equal to that of the breach of civil or criminal laws? Who and to what extent should be made liable for any damages incurred through misuse of administrative power?
Worker Lawmaking, Sit-Down Strikes, and the Shaping of American Industrial Relations, 1935-1958
Authors: Pope Jim
Published: August 2010

Between 1936 and 1939, American workers staged some 583 sit-down strikes of at least one day's duration. In the latter year, the United States Supreme Court issued its opinion inNLRB v. Fansteel Metallurgical Corporation, resolving the official legal status of the tactic.Fansteelmade it clear not only that a state could punish sit-downers for violating trespass laws, but also that an employer could lawfully discharge them—even if that employer had itself provoked the sit-down by committing unfair labor practices in violation of the National Labor Relations Act.
The Long Life of Liberal America: Law and State-Building in the U.S. and England
Authors: Forbath William E.
Published: August 2010

Reports of the Strange Death of Liberal America are greatly exaggerated. James Henretta's essay of that title offers a shrewd and insightful portrait of Charles Evans Hughes. But the liberalism whose death Henretta reports did not die. And the “statist,” “centralization,” “economic planning,” and broad “social insurance” minded liberalism he reports as prevailing did not prevail. From a certain lofty altitude (and rueful attitude), all “big,” “modern” “welfare states” look the same. That is Henretta's viewpoint. His wonderfully suggestive comparative framework has as one of its premises that America and England proceeded along the administrative-and-welfare-state-building path at different paces but arrived at the same destination. For me, a comparison of the law and politics, processes and outcomes of twentieth-century state-building in the U.S. and England prompts different conclusions. There were conspicuous differences between the New Deal state that was fashioned in 1930s and '40s America and the welfare state England created in those decades. More interestingly, the ideology and institutional contours of this new American state were deeply influenced by that ambivalent (and lawyerly) brand of American liberalism Henretta rightly attributes to figures such as Hughes and Roscoe Pound—poised between “progressive” commitments to social reform, social provision, and administrative-state-building, on the one hand, and older, “classical” liberal commitments to limited (and decentralized, dual federalist) government and the primacy of courts and common law and traditional legal and constitutional niceties, on the other. My notion is that this “transitional” and “forgotten” liberalism and its champions won more important battles than they lost against their “statist” rivals. A “strange death,” indeed!
Deaths Greatly Exaggerated
Authors: Goluboff Risa L.
Published: August 2010

In 1940, in the inaugural issue of its Bill of Rights Review, the American Bar Association's Bill of Rights Committee expressed its conviction “that a distinct field of law—that of civil rights—[was] emerging.” From the standpoint of lawyers, judges, and scholars looking forward from that moment, the contours of the new field were largely unknown. In large part, that uncertainty was due to the Supreme Court's dismantling of the dominant doctrinal framework governing the relationship between individuals and the state in the 1930s.
The Laws of War in Ancient Greece
Authors: Lanni Adriaan
Published: August 2010

One of the earliest and the most famous statements of realism in international law comes from ancient Greece: the Melian dialogue in history of the Peloponnesian War. In 416 B.C.E., the Athenians invaded Melos, a small island in the Aegean that sought to remain neutral and avoid joining the Athenian empire. Thucydides presents an account of the negotiation between the Athenians and the Melian leaders. The Athenians offer the Melians a choice: become a subject of Athens, or resist and be annihilated. The Melians argue, among other things, that justice is on their side. The Athenians dismiss arguments from justice as irrelevant and reply with a statement that many scholars believe represents view: “We both alike know that in human reckoning the question of justice only enters where there is equal power to enforce it, and that the powerful exact what they can, and the weak grant what they must.”
Aliens, Ambassadors, and the Integrity of the Empire
Authors: Ando Clifford
Published: August 2010

In 321 B.C.E., a Roman army led by both that year's consuls was trapped near Caudium, in a defile named the Caudine Forks, the result of a clever strategem devised by the Samnite general Gaius Pontius. According to Livy, writing some three hundred years later, the Samnites had made no plan to capitalize on their good fortune, and so they sent to Pontius's father, Herennius Pontius, to seek his advice. “Let them all go unharmed,” he said. The messenger who returned with that advice was promptly sent back. “All right,” said Herennius, “kill every single one of them.” Unable to decide whether his father had lost his mind, the son had his father brought to the camp, where he gave the same two pieces of advice and justified each. But what would happen, he was asked, “if they are sent away unharmed and conditions are imposed upon them as conquered, in accordance with the law of war (ut et dimitterentur incolumes et leges iis ire belli victis imponerentur)?”1 That practice neither makes friends nor removes enemies, replied the father. Their humiliation will rankle them until they avenge it.
Early Islamic Legal-Historical Precedents: Prisoners of War
Authors: Salaymeh Lena
Published: August 2010

The inseparability of law and history is manifest when historical interpretation -an integral component of legal hermeneutics-results in juristic disagreement. This article is a foray into the shift from prohibition to permissibility of prisoner of war execution in early Islamic legal history that connects changing legal opinions to changing historiographical readings. Contemplating the contrast between historical and jurisprudential interpretations of historical events with legal implications will facilitate investigation of the interactions between historiography and legal discourse. Exploring a few questions will highlight the ambiguous, overlapping roles of historians and jurists as they construct (legal) histories: (1) Do historical narratives about all the battles that occurred during the Prophet's lifetime illustrate his legal practice concerning treatment of prisoners of war? (2) After the Prophet's death, how did Muslim jurists adjudicate this issue? (3) What legal reasoning did key Muslim jurists of the ‘professionalization’ period apply in permitting the execution of war prisoners? (4) What could explain the discrepancy between the chronologically earlier opinion (prohibiting prisoner execution) and the later, more dominant legal opinion (permitting prisoner execution)?
Rights, Resistance, and Revolution in the Western Tradition: Early Protestant Foundations
Authors: Witte John
Published: August 2010

Over the past three decades, a veritable cottage industry of important new scholarship has emerged dedicated to the history of rights talk in the Western tradition prior to the Enlightenment.1 We now know a great deal more about classical Roman understandings of rights (iura), liberties (libertates), capacities (facultates), powers (potestates), and related concepts, and their elaboration by medieval and early modern civilians. We can now pore over an intricate latticework of arguments about individual and group rights and liberties developed by medieval Catholic canonists and moralists, and the ample expansion of this medieval handiwork by neo-scholastic writers in early modern Spain and Portugal. We now know a good deal more about classical republican theories of liberty developed in Greece and Rome, and their transformative influence on early modern common lawyers and political revolutionaries on both sides of the Atlantic. We now know, in brief, that the West knew ample “liberty before liberalism,” and had many fundamental rights in place before there were modern democratic revolutions fought in their name.
Taking Legal Realism Offshore: The Contributions of Joseph Walter Bingham to American Jurisprudence and to the Reform of Modern Ocean Law
Authors: Scheiber Harry N.
Published: August 2010

A conscientious reading of the rich historical literature on the American Legal Realist movement would provide no suggestion that any of the academic writers and other commentators in that movement ever gave the slightest attention to international law.1 It is entirely understandable that the Realists should be remembered as having been concerned exclusively with the analysis and reform of domestic jurisprudence and legal process; for there was only one exception, in this regard, and this was the Stanford law professor Joseph Walter Bingham. Bingham (1878-1973) is a figure who has been almost entirely neglected by historians of legal thought.2 And yet he was one of the earliest American legal commentators to promote an iconoclastic, reformist approach to the common law and American constitutional law. His writings in the 1910s and 1920s, as will be discussed further here, were important early-day contributions to the development of what would become the central canon of Legal Realism. His uniqueness among the Realists rests in the fact that he would go on to play a prominent part in contending for a basic reform in international law during the decades that followed.
Exceptionalism Again: The Bush Administration, the “Global War on Terror” and Human Rights
Authors: Foot Rosemary
Published: August 2010

When former UN Secretary General, Kofi Annan, gave his farewell address in December 2006, he expressed his dismay at the Bush administration's conduct during its anti-terrorist campaign. The United States had given up its vanguard role in the promotion of human rights, he averred, and appeared to have abandoned its ideals and principles. There have been many statements similar to this one made in the period since September 2001. Even close allies, such as the British government, for example, have called for the closure of the Guantanamo Bay detention facility on the grounds that, as a symbol of injustice, it had tarnished the United States as a “beacon of freedom, liberty and justice.”
There's No Place Like Home: Homestead Exemption and Judicial Constructions of Family in Nineteenth-Century America
Authors: Morantz Alison D.
Published: August 2010

In 1871, former slave Lettie Marshall sued the estate of B. G. Marshall, her former master, arguing that she was entitled to farm two hundred acres of his land in Fort Bend County, Texas. Her claim was based on a “homestead exemption” provision of the Texas Constitution, which exempted the homestead of a “family” from “forced sale for debts” and vested continued occupancy rights in surviving “family” members after the death of the family head. After Emancipation, Marshall and her family had become sharecroppers on B. G. Marshall's estate and continued to farm the land until his death. At trial, Marshall portrayed herself as B. G. Marshall's “confidential servant” whom he treated “like she was one of the family.” As proof that their bond transcended a mere contractual relationship, she noted that he had entrusted her with overseeing a “squad of eight or ten hands,” and that upon occasion she “lent him money” and even “lived in the same house with Marshall, who was a cripple, and … waited on him, ” when her legal status no longer obliged her to do so. Not only did she fulfill “all of the duties and relations to him of mother, sister, and daughter,” but Lettie Marshall, her husband, and their descendents were the only named beneficiaries of his will.
Female Sexual Potency in a Spanish Church Court, 1673–1735
Authors: Behrend-Martínez Edward
Published: August 2010

Between 1650 and 1750, the Northern Spanish bishopric of Calahorra and La Calzada adjudicated eight suits against allegedly impotent wives and one case against a castrated woman.1 These suits were marital, not criminal, and usually entailed a husband accusing his wife of being impotent. They are particularly valuable for the historian of sex and gender because these cases occurred at the local level, among rural Spaniards, and in an ordinary bishop's court. These local church court trials allow us to avoid the rarified cultural world of political and religious élites.2 They offer, instead, a glimpse of the sexual concerns of ordinary wives and husbands and demonstrate the daily practices of local surgeons, doctors, and lawyers. These professionals were, I argue, primarily influenced by the pragmatic day-to-day worries of the communities they lived in. The influences of cultural and intellectual centers in Madrid or rome, Valladolid or Salamanca were negligible when compared to the issues at hand in court. These court documents reveal sexual interests related to reproduction rather than salvation, magic rather than honor, and social order rather than the strictures of canon law.