bluuebunny/crossref_metadata_2025 huggingface dataset:
The Elections, the Economy and Public Opinion: 1984
Authors: Lipset Seymour Martin
Published: April 2006

Many commentaries on the recent American elections conclude that the United States has taken a long-term move to the right. This shift seemingly began in the late sixties as a reaction to the turmoil occasioned by militant, sometimes violent protest tactics used by the civil rights and antiwar movements, and by the sharp challenge to traditional values encompassed in the changes in family and sex behavior, dress styles, the increased use of drugs, and the like. The Republicans have been victorious in four out of the last five presidential elections, those held from 1968 on. Only one of these, that in 1968, was close, but in that contest a right-wing and racist candidate, George Wallace, received 13 percent. The one election of the five which the Democrats won, that in 1976, was the first one after Richard Nixon's resignation following the Watergate scandal.

Yet the conclusion that America has been in a conservative mood for some time is challenged by the results of the races for Congress and state offices and by the findings of the opinion polls. In 1984, in the same election in which Ronald Reagan received 59 percent of the vote, eight percent more than in 1980, his party lost two seats in the Senate and gained only 14 in the much larger House, leaving it behind the Democrats by 252 to 183. The Democrats still hold 34 of the 50 governorships, down by only one. Judged by which party holds most electoral offices, the Democrats remain the majority party.
The 1984 Election: The Irrelevance of the Campaign
Authors: Frankovic Kathleen A.
Published: April 2006

In 1948, pollsters and journalists learned that campaigns mattered. In 1984, the lesson may be that sometimes campaigns may not matter at all. The major question for analysis of this election, therefore, is not what did Ronald Reagan do to insure victory, but why did anyone think Ronald Reagan could lose?

This year is an awkward year for analysis for other reasons as well. This was a landslide election; landslides tend to be massive rejections of one candidate or massive affirmations of the winner's policies or performance. This year, the voters were clear in their approval of Ronald Reagan's economic programs. They were less clear in their support for increased spending on defense or in support of the Reagan social agenda. Straightforward analysis of the election provides indications of somewhat increased confidence in government and the prevalence of economic issues dominating the reasons for candidate support. The election seems a mandate for continued economic success, with little concern for how that is achieved. The groups who voted against Ronald Reagan were those who did not think they benefited from administration policies—blacks, Hispanics, and the poor—as well as self-described liberals and the traditional supporters of American liberalism, Jews.
The Prospects for Contemporary Partisan Realignment
Authors: Brady David W. , Hurley Patricia A.
Published: April 2006

With the exception of 1976, all national elections since 1964 have generated commentary among both media analysts and political scientists about the possibility of realignment. Reports have varied from the straightforward—yes or no—to the contrived—realignment has been realized at the presidential but not the congressional level. In this essay, we outline our view of those factors that are necessary for a realignment, and we evaluate the 1984 elections with respect to those factors. Our focus in this analysis is on the tripartite structure of American party systems: party in the electorate, party in government, and party as organization. In addition, we discuss the policy consequences associated with realignments.

Theories of Realignments

Schlesinger (1984: 371) reminds us that “[the parts of parties] are treated as though each leads a life of its own with little attention to what if anything holds them together.” This admonition also holds for students of realignments. One school of thought, centering around the University of Michigan's Survey Research Center, focuses attention on party in the electorate. In this view, a realigning election is one in which the normal party vote shifts from one party to another, and because of the influence of individual partisan identification on electoral outcome, this new majority party dominates elections for a generation or more. This emphasis on the distribution of party identification in the electorate is beneficial in that it gives us an operational definition of realignment and allows us to assess both critical and secular (gradual) realignments.
The U.S. and Soviet Stakes in Nuclear Nonproliferation
Authors: Nye Joseph S.
Published: April 2006

In the aftermath of the invasion of Afghanistan and the advent of the Reagan Administration, cooperation between the U.S. and the Soviet Union seems to have diminished, particularly in the area of arms control. Nuclear non-proliferation is the oldest area of Soviet-American cooperation in arms control, dating back to the establishment of the International Atomic Energy Agency (IAEA) in the 1950s. But the fact that the two countries have a common interest does not mean that there is necessarily an equal interest or that it can survive the current tension.

Some analysts argue that the Soviet Union has more at risk from proliferation than does the United States. For example, many of the potential new entrants to nuclear weapons status–India, Pakistan, Korea, Taiwan, Iraq–are countries geographically close to the Soviet Union and distant from the United States. Thus, it could be argued that the Soviet Union has more to fear than we do, and from the zero-sum perspective of U.S.-Soviet hostility, further proliferation may hurt the Soviet Union more than the United States. To judge whether this is a sensible basis for policy, or whether cooperative action is a better basis requires a closer look at the skeptical arguments.
Political Scientists and the Republican National Conventions
Authors: Bibby John F.
Published: April 2006

During the early 1960s, political scientists were afforded an opportunity to serve as participant-observers at both national party conventions under the convention fellowship program of the old National Center for Education in Politics (NCEP). With NCEP sponsorship, political scientists attached themselves to state delegations, convention committees and candidate organizations to observe at first hand the work of the conventions. A significant segment of our knowledge of conventions was derived from the writing of these NCEP fellows (see, for example, Paul Tillet, editor, Inside Politics: The National Party Conventions, 1960, which was cited frequently in the early editions of such standard texts as Polsby and Wildavsky's Presidential Elections. The NCEP fellows' work also provided a basis for more sophisticated research. Although the NCEP has lapsed, its national convention and national committee fellowship programs resulted in continuing participation by political scientists at Republican national conventions.

Involvement at the staff level in Republican conventions by political scientists has been most extensive in the work of the Committee on Resolutions (Platform). Arthur L. Peterson, formerly of Ohio Wesleyan University and now Dean at Eckard College, was a key staff member (Executive Director in 1964, 1968, 1972) of the Platform Committees between 1960 and 1976.
Realignment: The Eternal Question
Authors: Schneider William
Published: April 2006

Realignment is one of the few political science concepts that have made their way into the popular culture. Writers like Samuel Lubell, Kevin Phillips, and David Broder, borrowing heavily from the political science literature, have made informed political observers aware of the cyclical nature of party dominance in American political history and of the fact that the demise of the so-called “fifth” or New Deal party system has been overdue since about 1968. It is not unusual for political reporters to ask each other after a presidential election whether it was a “critical election” or not. They are, in other words, hip to our jargon.

What most journalists and politicians understand by realignment, however, is a good deal less complex than what political scientists mean. Realignment, to most people in Washington, means a Republican take-over. It means that the GOP will replace the Democrats as the “normal” governing majority in this country for the next generation, just as the Democrats replaced the Republicans as the “normal” governing party after 1932.

Certain facts suggest that things are changing in that direction. The Republicans have won three out of the last four presidential elections. The Democrats have obtained a majority of the presidential vote only twice in nine elections since 1944. The once-Solid South did not hold for the Democrats in 1964, 1968, 1972, or 1980. On the other hand, Democratic predominance has continued at most levels of office-holding below that of president and in party registration figures.
Of Palates and Politics: New York City as a Case Study
Authors: Chambers John Whiteclay
Published: April 2006

Is it possible that despite the many studies of political leadership that social scientists have overlooked the most obvious determinant of politicians' behavior?

Right under their noses all along, so to speak, was what I shall call, for want of a better descriptive title, the Food Connection. You are what you eat, health food people say, and this aphorism may disclose an entirely new area of study, a new subfield for political science. It certainly merits investigation.

The possibilities are tantalizing. Is there a correlation between gastronomical and political style and success? Does digestion determine decision-making? What, in fact, is the connection between a politician's head and stomach.

Consider the importance of such psychology of food. American presidents have already been analyzed as psychological types. Now astute observers could also arrange them into epicurean categories. If food input does affect political output, a study of their eating habits could increase our understanding of their performance in office.
Changes in State Party Organization 1960–1980: A Preliminary Report and Request for Data
Authors: Cotter Cornelius P. , Bibby John F. , Gibson James L. , Huckshorn Robert J.
Published: April 2006

We are engaged in a study of the current and past condition of party organizations in the United States. The research examines parties within an institutional framework and seeks to measure the strength of party organizations at the national, state, and local levels. But in order to compare parties over time it is necessary to have longitudinal data. The purpose of this note is to ask interested researchers to share with us documented data on state party central committee staff and annual operating budgets or expenditures for the period 1960–1978. We would also appreciate suggestions for sources of such data for any of the state parties.

Table 1 presents the state party central committee budget and staff data collected to date. The 21-year period 1960–1980 yields 2,100 possible data points for the 100 state party organizations. We have collected budget data for 964 (45.9 percent) and staff data for 1,000 (47.6 percent) of the data points. These data have come from a variety of sources:

1. interviews with state party officials in 27 sample states (states selected for analysis in the cross-sectional portion of our research;

2. questionnaires sent to 556 former state party chairmen;

3. surveys by Roland H. Ebel, Cornelius P. Cotter, and Bernard C. Hennessy;

4. data collected and generously made available by William J. Crotty;

5. Jerome M. Mileur's 1977 survey of state party central committees;

6. Robert J. Huckshorn's collection of state party data;

7. surveys conducted by the Democratic National Committee in 1962, the Republican National Committee in 1968–69, and by the president of the Association of State Democratic Chairmen in 1974.
Political Science Departments: Reputations Versus Productivity
Authors: Robey John S.
Published: April 2006

This brief essay is written in an attempt to provide a comparison of the reputed quality of political science departments with measures of their productivity. The first study done in the last two decades which purported to assess the “quality” of political science departments was published in 1959 by Hayward Keniston. Keniston's study relied on a survey of the chairpersons of 25 departments and was greatly improved upon by Professors Albert Somit and Joseph Tanenhaus who attempted to measure the strength of political science doctoral programs by drawing a random sample of more than 400 political scientists who were members of the American Political Science Association. In 1966 Professor Allan M. Cartter published the results of his survey of 35 chairpersons, 66 “senior scholars” and 64 “junior scholars” and obtained virtually identical results as the Somit-Tanenhaus study. The results of these studies may be seen in Table 1.

These studies are all valuable additions to the literature; however, the concepts of reputed “quality” or “strength” may suffer from many of the same drawbacks as the concept of reputed “power.”

That is, a department may have a reputation of excellence and yet publish very little. Converse.
Nursing Home Reform and the Politics of Long-Term Care
Authors: Hawes Catherine
Published: April 2006

Nursing home care has been described as the most troubled and troublesome segment of the American health care system. Despite the annual expenditure of billions of dollars, extensive regulation, and the emergence of an increasingly sophisticated and concentrated industry, significant problems persist. Inadequate quality of care continues to be a serious and pervasive problem. Discrimination against patients whose care is paid for by Medicaid and Medicare, as well as against those with “heavy care” or extensive needs, is rampant. Costs have escalated at a phenomenal rate and continue to represent a substantial fiscal burden, causing one state Medicaid director to refer to nursing home payments as “the black hole of state budgets.”

These circumstances are neither new nor surprising. They are, in fact, the result of rather startling failures in the public sector that are rooted in the special nature of the politics of long-term care. This article discusses the history of public policy toward nursing homes and the politics of long-term care, emphasizing problems in assuring acceptable quality of care. It also addresses the possibilities for reform during the next two years, particularly in light of new patient advocate and nursing home reform coalitions that promise to change the face of long-term care politics.
New York: The Great Anomaly
Authors: Mollenkopf John
Published: April 2006

Rufus Browning, Dale Marshall, and David Tabb present some straightforward and convincing theses in their admirable work Protest Is Not Enough. Urban policy responsiveness to minority interests, they argue, depends not so much on the direct impact of protest as on the advent of a dominant liberal coalition in which blacks and Hispanics have some role. Where such coalitions have not succeeded, racial exclusion and policy resistance tend to hold sway. Where blacks or Hispanics have played a leading role in bringing such a coalition to power, or in Browning, Marshall and Tabb's terms where political incorporation has been greatest, then policy results favor minority interests. Political incorporation depends on protest and electoral mobilization among blacks and Hispanics combined with favorable white attitudes toward minority interests. The size of the minority community and its leadership capacity in turn explain minority political mobilization.

By these propositions, New York City should be characterized by substantial black and Hispanic political incorporation and the resulting targeting of policy outputs on minority interests. In the 1980 Census, New York's population was 23.9% black and 19.9% Hispanic; these numbers may have been substantially undercounted. In any case, two-thirds of a decade later New York is clearly a majority minority city. Black political participation dates from Adam Clayton Powell and Benjamin Davis' election to the city council in 1941 and 1943. The first Puerto Rican assemblyman was elected on the Republican and American Labor Party lines in 1938. Subsequently, both groups have had a long and sophisticated history of political participation. From the 1960s onward, a new generation of leadership led both groups to assert their political demands more strongly. The Lindsay administration afforded a national model of how a new liberal coalition could experiment with new forms of political incorporation. Voting in state and national elections would suggest the city is on the liberal end of the urban political spectrum. In short, by Western lights New York should be a model of strong minority incorporation and the consequent targeting of city policies toward minority interests. The problem, however, is that New York City has not incorporated minorities and, depending on what indicators are chosen, has not produced policies that are especially aimed toward minorities.
Boston: The Unfinished Agenda
Authors: Travis Toni-Michelle C.
Published: April 2006

In January 1986 Bruce Boiling, a member of the Boston City Council, became the first black president in the council's 166-year history. Boiling's presidency marks the culmination of the slow, but steadily growing empowerment of blacks in Boston politics. While blacks have always been present in Boston politics they have more often been observers, rather than participants as the Yankees and the Irish have dominated the political stage. In order to understand the role of blacks in Boston it is necessary to have some background knowledge of how Yankee paternalism retarded black political development and how Irish displacement of the Yankees resulted in the exclusion of blacks from Democratic party politics.

Historical Antecedents

Boston politics has its roots in the historical relationships among the Yankees, the Irish, and the blacks. Under Yankee domination colonial and pre-Civil War blacks experienced racial harmony in an atmosphere where they could enjoy civil and political rights. Wealthy Yankee traders viewed free blacks paternalistically, as a low income class of people (Lupo, 1977, p. 124). Since Yankees were members of the political and cultural elite they did not perceive blacks as an economic threat to their position. Consequently, blacks could freely operate businesses, buy property, and run for office (Horton, 1979).

As slavery became an increasingly important issue in the 1850s free blacks and Yankee abolitionists formed integrated organizations to end slavery. Abolitionist organizations provided an opportunity for free blacks to learn organizational and political skills. Yet, blacks often found that their efforts to become leaders were thwarted by white patrons who expected blacks to work only as obedient followers. A notable case among many was the conflict between white abolitionist William Lloyd Garrison and Frederick Douglass, a former slave, over the crucial issue of the future role of blacks in electoral politics (Quarles, 1969). Frederick Douglass broke with Garrison who felt that blacks should not be encouraged to vote in a political system where the Constitution protected the rights of slaveholders (Horton, 1979, p. 86). Douglass adamantly advocated electoral participation and pulled some black abolitionists from Garrison's ranks. Douglass felt that participation in the electoral process was a necessary step in the political development of blacks. To affirm his convictions Douglass ran on the Liberal ticket for an office in New York state.
Explaining the Burger Court's Support for Civil Liberties
Authors: Baum Lawrence
Published: April 2006

For eighteen years, Supreme Court watchers have been waiting for the other shoe to drop. Under Chief Justice Earl Warren in the 1960s, the Court expanded legal protections for civil liberties far more than it had in any previous period. After Richard Nixon was elected president in 1968, many observers expected that his appointments would move the Court away from its commitment to civil liberties. When Nixon was able to appoint four new justices in his first three years in office, that expectation was strengthened. Since that time, each presidential election victory and each Supreme Court appointment by a conservative Republican has led to new hopes and fears that the Cout would abandon its strong support for civil liberties.

To a degree, these expectations already have been realized. Without doubt, the Supreme Court under Warren Burger was less supportive of civil liberties than it had been under Earl Warren. But it did not take the clear conservative position that many Court watchers had anticipated. Reflecting their surprise, a 1983 book about the Burger Court was subtitled, “The Counter-Revolution That Wasn't” (Blasi, 1983).
The Case of Benjamin More: A Lost Episode in the Struggle over Repeal of the 1801 Judiciary Act
Authors: O'Fallon James M.
Published: April 2006

On March 16, 1801, President Jefferson issued commissions to fifteen men to serve as justices of the peace for the County of Washington in the District of Columbia. Thirteen of the fifteen were among twenty-three justices of the peace who had been nominated by President Adams and confirmed on his last day in office. Benjamin Moore was one of two original Jefferson appointees; among the Adams appointees left off the list was William Marbury. Thus were set in motion two cases in which the Supreme Court would have an opportunity to address issues central to the great controversy over repeal of the 1801 Judiciary Act. In both cases, the Court ducked.
The Reconstitution of Upper Canadian Legal Thought in the Late-Victorian Empire
Authors: Baker G. Blaine
Published: April 2006

Theavailabilityof the literature of the law, an aspect of legal culture rarely considered in twentieth century Canadian commentary on the ‘reception’ of imperial laws, must have had a great deal to do with the way that sources of law informed and reflected the developing jural values, doctrine, and methodology of the British North American provinces. Yet locally-prevalent versions of legal positivism, which find expression in formalistic, contemporary constitutional scholarship on transferral issues, have tended to suppress or render irrelevant inquiries into the way that such intellectual forces as law books actually affected the development of the legal culture of Upper Canada/Ontario.
Rhetoric, Language, and Roman Law: Legal Education and Improvement in Eighteenth-Century Scotland
Authors: Cairns John W.
Published: April 2006

Education in law in the Scottish universities has a continuous history only from the early eighteenth century. In 1707, the regius professorship of public law and the law of nature and nations was founded in Edinburgh, to be followed in 1710 and 1722 by professorships in civil (Roman) and Scots law respectively. In the University of Glasgow, the regius professorship of civil law was established in late 1713 and first filled in 1714. These developments were not entirely novel. Throughout the seventeenth century, there had been regular, if unsuccessful, attempts to create university chairs in law. While the background to the foundation of the university chairs requires further careful study, we may note that, by at least around 1690, it was thought desirable to introduce the teaching of both civil and Scots law, though the notion of teaching both does go back at least as far as the First Book of Discipline of 1561. After the visitation of the University of Edinburgh that resulted from the political and religious settlements of 1688–89, it was proposed to establish a single professorship to teach both civil and Scots law. This proposal in the late seventeenth century is in line with general developments throughout Europe. Nothing, however, was done, probably because no person or body was willing to finance a chair.
Legal Change and Legal Autonomy: Charitable Trusts in New York, 1777–1893
Authors: Katz Stanley N. , Sullivan Barry , Beach C. Paul
Published: April 2006

Private individuals and voluntary associations have dominated the creation and direction of institutions of health, education, culture and good works throughout most of American history. Notwithstanding the great increase of government activity in these areas during the last fifty years, the extent to which private decisions structure public endeavors continues to distinguish our experience from that of other western cultures. Indeed, the unprecedented accumulation of large amounts of private capital which marked the late nineteenth and early twentieth centuries, and the desire of the owners of that wealth to devote some part of it to ‘benevolent’ purposes resulted in the formation of philanthropic foundations, so large in scope and so immodest in purpose, that they continue today to play a major role in our society.
Words and Deeds: The Action of Covenant in the Reign of Edward I
Authors: Ibbetson David J.
Published: April 2006

The action of covenant before the reign of Edward III is a subject of considerable mystery. By the time that the Year Books come to the fore in the last decade of the thirteenth century, it has become a relatively scarce form of action in the royal courts, and consequently our sources of information are fairly scanty; in addition, by this time, the restrictions which limited the potential of covenant as a general contractual remedy are already firmly in evidence, with the result that the development of these restrictions is not easily visible. There is, though, a considerable amount of additional material in the rolls of the Justices in Eyre in the reign of Edward I, and in some of the multifarious tracts on pleading which proliferated in the later years of the thirteenth century and which have remained for the most part in manuscripts which have not been systematically examined by legal historians.
Lawyers and the Legal Business of the Cherokee Republic in Courts of the United States, 1829–1835
Authors: Norgren Jill
Published: April 2006

When Europeans first arrived, the Native American societies of North America had a variety of systems of social control and conflict mediation. These indigenous peoples were not heir to the concept of equal protection of the law derived from the Magna Carta, nor to notions of individual rights defended in the English Bill of Rights (1689) and Western Enlightenment political thought. Theirs were systems of custom and commandment of their own need and development. Therefore, after the contact period, whenever conflict arose a central issue of cultural pluralism surfaced: whose resolution system would be used when mediation was necessary.
The Federal Common Law of Crime
Authors: Palmer Robert C.
Published: April 2006

The United States Constitution established a federal system, not a national government. States continued necessarily and by design as active and important centers of governmental activity. States were institutions of inherent authority, while the federal government by original intent and then explicitly by amendment, was a government of only delegated powers. Since the federal government derived its power directly from the people and acted directly on individuals, it was decisively more powerful than the pre-Constitution Confederation. But the Bill of Rights itself is evidence of the continued worry, pervasive until modified by the Reconstruction Amendments, that the federal government might, but should not, overwhelm the states.
Legal Positivism, Abolitionist Litigation, and the New Jersey Slave Case of 1845
Authors: Ernst Daniel R.
Published: April 2006

At 10:00 A.M. on May 21, 1845, ‘the tall, straight figure and pale, grave face of the slave's friend, Alvan Stewart’, turned toward the justices of the New Jersey Supreme Court as he commenced his opening argument in the companion cases,State v. PostandState v. Van Beuren. In the ensuing hours, Stewart argued for the immediate abolition of slavery and black apprenticeship in New Jersey. Although Stewart relied upon many authorities, the justices and the attorneys for the defendants believed that his most promising argument was based upon the state constitution of 1844, the first of the state's fundamental laws to declare that ‘all men are by nature free and independent’. On the following day, the defense counsel—A.O. Zabriskie, a Hackensack attorney, and Joseph P. Bradley, the future U.S. Supreme Court Justice—spoke with ‘much energy and ingenuity’ until five o'clock. The reply of the ‘Abolition Ajax’ lasted until 10:30 and closed with an impassioned appeal to the justices. ‘Such was the impressiveness with which the closing appeal of the advocate for freedom was delivered’, a newspaperman reported, that none of the large audience wished to ‘break the spell his eloquence had cast upon the assembly’. At length, the bench arose, and Chief Justice Joseph Hornblower adjourned the court.
Law, Justice and Landowners in Late Medieval England
Authors: Carpenter Christine
Published: April 2006

Lawlessness, both the more subtle manipulative and the cruder violent varieties, has long been seen as one of the most marked features of England in the fourteenth and fifteenth centuries. Even in recent years historians have found it a difficult subject to handle. With the notable exception of K. B. McFarlane, and more recently M.T. Clanchy and G.L. Harriss, few have been prepared to deny that there was something intrinsically wrong with the administration of the law in this period, even though they may concede that it was no ‘wronger’ than in the thirteenth century, merely better documented. Underlying these discussions there is, in Clanchy's words, the often unspoken assumption ‘that the king's justice really was the norm and that justice emanated from the centre to the localities.’ Thus, the need for an extension of royal justice is set against local abuses, which all law-abiding men from the king downwards would have wished eradicated.
The Transformation of Trusts as a Legal Category, 1800–1914
Authors: Alexander Gregory S.
Published: April 2006

Sometimes we are least aware of that which most affects us. So it seems with respect to legal categories. Lawyers do not take legal categories very seriously today. But they should. Legal categories are central to legal reasoning; indeed it is almost impossible to imagine legal reasoning without the use of categories. Categorical thinking affects every area of law. In constitutional law, for example, equal protection analysis turns crucially on categories of affected interests. Specialists in landlord-tenant law debate whether the implied covenant of habitability is a property doctrine or a contract doctrine. And if the public/private distinction is dead, as some reports have suggested, it rules us yet from its grave. Legal categories are not simply housekeeping devices. They inhibit our imagination of what is acceptable, indeed, of what is possible. They take on a quality of givenness and thereby disempower us. We can retain control over categories, and ultimately over our own legal imagination, only by reminding ourselves that we have created them and are capable of remaking them.
The Supreme Court of Judicature of Colonial New York: Civil Practice in Transition, 1691–1760
Authors: Rosen Deborah A.
Published: April 2006

Many legal scholars consider the colonial period irrelevant to the subsequent history of American law. In 1936 Roscoe Pound defined the ‘formative era’ in American law as the post-revolutionary era, and legal historians have been bound by that periodization ever since. More recently, Grant Gilmore, in his book The Ages of American Law, began his first age, the ‘age of discovery’, at approximately 1800; Gilmore claimed that American lawyers had the opportunity at that time to create an American law essentially from scratch. Morton J. Horwitz further strengthened the reigning assumptions regarding the unimportance of the legal history of colonial America in his influential book The Transformation of American Law 1780–1860. In Horwitz's view, what marks the American legal system is the instrumental use of law to promote social change, particularly to further commercial interests, and this aspect of the law did not exist until the early nineteenth century.
A Lawyer's Defense of a Wine Merchant against a Carpenter's Deposition: A Story about Friendship and Betrayal
Authors: Aricò Santo L.
Published: April 2006

In 1770, Antoine-Louis Séguier, theavocat général(king's advocate) of the Parlement of Paris, defended Jean-Baptiste Dubarle, a Parisian wine merchant, against charges of theft, seduction, kidnapping, and adultery initiated by a carpenter, Eustache Chefdeville. For all of the offenses, Chefdeville demanded monetary reparation.

The case, summarized in amémoire, connects the history of family law in France under theancien régimeto the skillful use of lawyerly forensics. But it also relates to literary portrayals of social scapegraces who betray the esteemed values of friendship and gratitude: in fact, this member of Paris'smenu peupleemerges from the pages of the case abstract as a dissembling traitor. Séguier's legal brief, viewed as a work of fiction, projects Chefdeville as an ungrateful betrayer who feigns comradery. In Séguier's telling, this disfigured pariah, albeit socially inferior, takes his place next to the deceptive worldlings described in many eighteenth-century novels. Like them, he violates the sacred laws of sincerity, turning himself into a moral pervert. Séguier'smémoireis rich precisely because it demonstrates how a skilled lawyer attempting to win his case adopts the form of a story characterized by all the literary qualities of the day—love, friendship, avarice, and betrayal. It illustrates a classic legal approach and also reads like a novel from beginning to end.
Codification and Normativity: Catalan “Exception” and European “Norm”
Authors: Ledford Kenneth F.
Published: April 2006

At the crossroads of sociology and history, scholars trained in different disciplines write legal history while engaged in a protracted guerilla war that focuses upon notions of normativity. Law and legal development as objects of investigation evoke in the sociology of law the very essence of normativity: what is law if not codified norms, and thus itself subject, perhaps, to norms of development or at least rationality? Conversely, legal historians trained in history departments, who subscribe to the particularizing norms cherished by that discipline, consciously pride themselves on their power to resist the temptations of normativity and, perversely in the view of some, insist upon examining, even celebrating, the deviant, the limiting case, the “exception to the rule.” At different times, one approach or the other has dominated the scholarly literature. Notoriously, the Parsonianism of the 1950s and early 1960s elevated a neo-Weberian normativity to hegemony in legal history as well as in social theory; now the chastened decades at the end of the twentieth and beginning of the twenty-first centuries have tipped the balance within legal history to social history's focus on people, ideas, and experience on the margin, a focus so full of potential to erode general schemes of normative development.
Rethinking the Nineteenth-Century Employment Contract, Again
Authors: Witt John Fabian
Published: April 2006

Legal historians have turned with renewed energy in recent years to the project of fleshing out the myriad rules by which the common law of the free labor employment contract structured social relations in nineteenth-century America. Of course, labor relations have always been prominent in the literature. The German sociological tradition has long taught us to see in the legal protection of property rights a source of coercive power over the working classes. And for decades now, historians have studied the great nineteenth-century labor conspiracy cases, which generated leading cases and opinions by judges such as Shaw and Holmes. But there is a new wrinkle in recent accounts of nineteenth-century labor law. Much of the law of property, contract, and tort bears a relatively self-evident (though still too infrequently remarked on) relation to the relative bargaining power of the parties to an employment contract. Property rules, along with a whole host of attendant tort doctrines such as nuisance and trespass, allocate resources among parties. As Robert Hale observed long ago, property rules set the coercive power of A to exclude B from those resources that belong to A, whether A be a prospective employee excluding an employer from the employee's labor power, or an employer excluding a would-be employee from the means of production. In similar fashion, rules of contract and tort that define the weapons that parties may deploy in competition or bargaining also shape the relative bargaining power of social actors. Thus, doctrines of duress, fraud, unconscionability, and adequacy of consideration, and the law of labor conspiracies and competition all create immutable background rules (or sometimes inalienable entitlements) that have considerable impact on bargaining power. In Halean language, we might say that the law of duress, for example, coercively precludes the strong from forcing the weak to consent to a particular deal, or that the doctrine of fraud coercively precludes the slick from outfoxing the dupes.
Contingency and Constitutionalism in Colonial New York
Authors: Konig David Thomas
Published: April 2006

Of all the comments made by British politicians to describe the United States Constitution, Gladstone's remains the most difficult to deny: by calling it “the most wonderful work ever struck off by the brain and purpose of man” he covered the true origins of the document in a mantle of consensus, well understood and coherent in intent, and epitomizing the human capacity for reasoned progress. All of these attributes have little favor among American constitutional historians today, but the remark still makes the rounds.
Acoma v. Lagunaand the Transition from Spanish Colonial Law to American Civil Procedure in New Mexico
Authors: Rosen Deborah A.
Published: April 2006

Less than two years after the United States occupied New Mexico, Acoma Pueblo accused its neighbors in Laguna Pueblo of misappropriating a painting of Saint Joseph. The Indians of Acoma claimed that they had loaned the picture to the pueblo of Laguna for the purpose of celebrating Holy Week, but Laguna had subsequently refused to return it. The large oil painting on canvas, which portrayed the standing figure of Joseph holding the baby Jesus, was said to have been sent to New Mexico by Carlos II, king of Spain from 1665 to 1700. Both pueblos claimed rightful ownership of the picture, both said that missionaries with the early Spanish conquerors had brought them the oil painting from Spain, and both asserted that the painting was necessary for their religious worship. It was believed that the painting of Saint Joseph, or San José, as he was referred to throughout the legal documents, worked miracles for its possessor. Most important to the pueblos was the belief that the painting brought life-sustaining rain to the parched agricultural lands that provided their main source of food.
The Historical Analysis of Criminal Codes
Authors: Dubber Markus Dirk
Published: April 2006

Students of Anglo-American criminal law, historians included, have traditionally had very little to say about criminal codes. This omission is startling in the face of ongoing efforts to codify criminal law since the late eighteenth century, not only in England and the United States, but also in Canada and India. The only historical study of criminal codification in the United States is a survey article that is, strictly speaking, not about codification at all, but about the great men who made codification possible, in particular the forefathers of Herbert Wechsler, the main drafter of the Model Penal Code. The Model Penal Code itself gave no clues as to its historical antecedents, if any. It is regarded, and portrayed itself, as having invented the wheel by starting from scratch, the raw material of the common law.
Willard Hurst and the Archipelago of American Legal Historiography
Authors: Welke Barbara Y.
Published: April 2006

Leading works published since the 1980s relating to law and the modern administrative state that privilege economy and politics—work by scholars like William Novak tracing the nineteenth-century common law roots of the modern regulatory state, Stephen Skowronek on the construction of a national administrative state, and Martin Sklar on the intersection of reform with the rise of corporate capitalism in reshaping the political economy of the American state—remain intensely engaged with the work of Willard Hurst. Leading works published in the same period relating to law and the modern administrative state that privilege gender—work by scholars like Kathryn Kish Sklar on Florence Kelley and women's political culture, Linda Gordon on the welfare state, and Leslie Reagan on abortion—do not cite Hurst in the footnotes or, for the most part, in their bibliographies. For that matter, those from one subfield do not cite the other and vice versa. There is a simple, innocuous explanation for these silences—we all have too much to read.
Hands across the Water: The Making and Breaking of Marriage between Dutch and Scots in the Mid-Eighteenth Century
Authors: Houston Rab , van der Heijden Manon
Published: April 2006

At the time of the Reformation in the 1560s Scotland and the Netherlands already had long-established commercial links. Scots soldiers fought in the wars that ravaged the Low Countries and much of northern Europe in the two centuries after Calvinism gained a foothold. Goods, people, and ideas were readily exchanged in the North Sea basin. With the foundation in 1575 of the avowedly Protestant University of Leiden, academic and intellectual intercourse were added to trading ties. By the mid-seventeenth century Leiden had an international reputation for legal and medical education. Expatriate Protestant churches were established in the early seventeenth century, notably the Scots kirk, Rotterdam. There were nineteen English and Scottish religious communities in the Dutch Republic by the end of the seventeenth century.
Kinetics and thermal properties of epoxy resin cured with Ni(II)‐tris‐(O‐pheneylendiamine) bromide
Authors: Omrani Abdollah , Rostami Abbas Ali , Ghaemy Mousa
Published: April 2006

Diglycidyl ether of bisphenol A (DGEBA) is cured with a nickel complex of O‐phenylendiamine (OPD) as a ligand. The structure of the synthesized curing agent is confirmed through IR and elemental analysis. The curing kinetics of DGEBA/Ni(OPD)3Br2 system is studied by the dynamic DSC and isothermal FTIR techniques. In all cases, we have observed at least two exothermic peaks during DSC traces up to 350°C. Dynamic activation energies are calculated by using the two isoconversional, Kissinger and Ozawa, methods applied to peak maximum. A two‐parameter (m, n) autocatalytic model (Sestak–Berggren equation) is found to be the most adequate model to describe the cure kinetics of the observed thermal events. Isothermal kinetic parameters are estimated using the Horie model. The onset decomposition temperature and char yield (at 700°C) of the crosslinked material were 290°C and 27%, respectively. The activation energy of the solid‐state thermal degradation process is evaluated by Ozawa approach, resulting in 95–138 kJ/mol on a range of 2–20% decomposition conversion. © 2006 Wiley Periodicals, Inc. J Appl Polym Sci 101: 1257–1265, 2006
Inequalities and variational principles for turbulent transport
Authors: Stern Melvin E.
Published: April 2006

Two inequalities are proposed for the purpose of bounding from below the mean shear U′o(z) in turbulent channel flow. The first of these inequalities pertains to the energetics of the boundary layer, and the second pertains to the logarithmic form of the asymptote to Uo. These inequalities imply a maximum value of von Kármán's constant, the numerical value of which lies between the measurements of Laufer (1951) and the value obtained from bulk discharge measurements in a pipe. The formalism, which contains no adjustable parameters, is then applied to the turbulent thermal convection problem, and a lower bound for the mean temperature $\overline{T}_o(z)$ is obtained. The minimum value of the latter at large distances from the boundary is in fair agreement with Townsend's (1959) measurements. Although the proposed inequalities have not been deduced from the equations of motion, they provide facts which may be useful in the search for new variational formulations of theturbulent transport problem.
The generation of combustion noise by chemical inhomogeneities in steady, low-Mach-number duct flows
Authors: Sinai Y. L.
Published: April 2006

The low-frequency character of two model problems is exploited in order to illustrate the acoustic consequences of the interactions between chemically reacting (or relaxing) inhomogeneities and flames or constrictions in ducts. The monopole of the former is associated with heat transfer in a fluid which exhibits variations in its specific heats, while in the latter there is an extension of the classical phenomenon associated with the pulsations of an inhomogeneity of the fluid compressibility. This second mechanism is found to be insignificant, but the heat-conduction source is considered to be very powerful at sufficiently low Mach numbers; in fact, to first order it is independent of the flow Mach number for laminar, as well as a certain class of turbulent, flows.
On the thermodynamics of nonlinear constitutive relations in gasdynamics
Authors: Woods L. C.
Published: April 2006

The thermodynamics of irreversible processes is normally limited to processes that can be adequately described by linear constitutive relations, like those of Fourier and Newton in a simple gas. In this paper we use thermodynamic arguments to derive the (nonlinear) Burnett equations for a monatomic gas, thus avoiding the complicated kinetic theory by which the equations were discovered and which somewhat obscures the origin of the various terms in the equations. Expressions are given for the entropy, its flux and its production rate correct to second-order in Knudsen number. The theory involves five phenomenological parameters, and as there are eleven coefficients in the second-order terms of Burnett's equations, we are able to deduce several necessary constraints between these coefficients. Compact forms for the equations are found that clarify their physical significance. The general method we have developed is applicable to media other than simple gases.

In a final section we use our theory of Burnett's equations to draw some general conclusions concerning the second law of thermodynamics. It is shown that the Clausius-Duhem inequality holds only for the linear theory of constitutive relations; and that axiomatic generalizations of the inequality to nonlinear processes – common in continuum mechanics–fail because the vital distinction between reversible and irreversible processes is not made.