bluuebunny/crossref_metadata_2025 huggingface dataset:
Portents and Prospects: Graduate Study and the Profession
Authors: Siffin William J.
Published: April 2006

The supply of Ph.D. level political scientists is astonishingly and ominously out of phase with prospective demand. Drastic changes in our graduate enterprises are inevitable. Some will be deliberate. Others will be forced upon us by uncontrollable events.

What Do the Numbers Show?

Concerning Supply. About 5000 new political science doctorates were granted between 1969–70 and 1975–76. In the same period 11,927 students embarked upon Ph.D. programs; 1443 were admitted in 1974–75, and another 1174 in 1975–76. 6150 graduate students were active in American Ph.D. programs in 1975–76.

Back in the 1950s and 60s, 46% of those who entered our Ph.D. programs completed their work within five to eight years. Between 75% and 85% of them sought or desired academic employment.

If the same ratios applied to the Ph.D. starters for 1969–70 through 1975–76, then as many as 5500 more Ph.D.s could appear on the scene between 1974 and 1984, more than 4000 of them seeking academic employment. A relatively high percentage would be women.
Who is Listening? Political Science Research in Public Law
Authors: Dixon Robert G.
Published: April 2006

Since this paper in substantially its present form was delivered at the APSA annual meeting in Los Angeles in September, 1970 it has been seen and commented on by several of my friends who are intimate enough to be frank. Views ranged all the way from “don't spoil it by changing it,” to “bury it.” Clearly this is not the stuff of which neutral principles are made. In deciding to go forward, therefore, a plea of confession and avoidance is in order. This is an evocative paper, not a scholarly article. It suggests but does not prove a hypothesis, the real question being how much of it is true and what if anything should political science do about it. Because of the panel format there is intentional hyperbole in my characterization of certain aspects of the behavioral movement, and suggestion that for some researchers it may be almost a “cop-out” on current political and social problems. I trust that those I venture to chide a bit will receive it in the spirit of Marilyn Monroe, who used to say, better to be photographed nude than not at all.
Student Power in the 1970 Elections: A Preliminary Assessment
Authors: Murphy William T.
Published: April 2006

The Cambodian invasion and the tragedies at Jackson and Kent State this spring led to explosions on college campuses all across the country. There was a great deal of talk of massive student intervention in the fall congressional elections and universities adopted various measures in response to the crisis. Some abandoned institutional neutrality by taking positions condemning the President's actions, others scheduled fall courses on elections and “practical politics”, while others opted for some variant of the two week “Princeton Plan” pre-election recess.

Most observers assumed that student political interest would remain high and that the student impact would be significant. By early summer university-based groups had been set up to lobby congressmen to support “end the war amendments”, to raise money for anti-war candidates, and to supply student volunteers to work actively for such candidates.
The Political Science Profession in 1970: Basic Characteristics
Authors: Baker Earl M.
Published: April 2006

The number of political scientists registered in the National Register of Scientific and Technical Personnel increased 25% from 1968 to 1970, from 5,176 to 6,493. This reflects a “natural” growth of perhaps 15–20%, over the two years while the remaining increase can be attributed to the greater scope of the American Political Science Association survey of political scientists in 1970. This growth in the political science section of the Register occurred despite a more restrictive definition of “professional political scientist” than had been used in 1968. Insofar as the APSA membership list can be used to gauge the completeness of the response, it would suggest that the Register is substantially complete for political science, allowing for the non-professional members of the Association and a probable residue of non-respondents. Political scientists comprise 2% of the total number of United States scientists (313,000 in 1970) in both years. More than half of National Register scientists are in three disciplines, chemistry, biology and physics.
Ten Years of Affirmative Action and the Changing Status of Women in Political Science
Authors: Burton Doris-Jean
Published: April 2006

In 1969 PS published the findings of APSA's first survey on the status of women in the discipline. The author concluded: “Tokenism is the prevailing pattern.” More than half of the departments had no female faculty members. Among 18 of the “distinguished” departments women comprised only 4.3 percent of the aggregate faculty. Female faculty were concentrated in undergraduate departments, in small departments with 15 or less faculty members and in part-time jobs. Has the status of women in the profession improved since 1969? To the extent that numbers can tell, this report examines the effects of a decade of affirmative action.
The Reagan Budget: A Significant Departure from the Past
Authors: Gist John R.
Published: April 2006

In the aggregate President Reagan's budget does not differ significantly from budget growth during the early 1970s. If the budget is slightly disaggregated, however, it is clear that the Administration is dramatically altering U.S. spending patterns.

As part of his program for economic recovery announced last February and March, President Reagan called for $475 billion in budget reductions over fiscal years 1981–86. He also proposed the use of the budget reconciliation process provided for in the 1974 Congressional Budget Act as the vehicle for implementing the first installment of these massive cuts in federal spending. In this paper I will discuss the Reagan budget plan in broad outline, and then compare certain aspects of it with the outcome of the reconciliation process and with some recent budget trends.
Reagan and the New Deal: Repeal or Replay?
Authors: Smith Bruce L. R. , Carroll James D.
Published: April 2006

President Reagan's success lies not in the size of federal budget cuts but in that he has been able to make cuts at all. He has a long way to go before the New Deal is repealed or even derailed.

The Reagan budget has been viewed as revolutionary, as an unprecedented break in the tradition of modern social policy. According to Russell Baker, “… in the end even the Democrats were agreeable to the death of the New Deal, which took place this week at the Capitol.” Yet this view runs up against the fact that Ronald Reagan cut his political teeth on the New Deal, admired FDR and emulated his political style, was an ardent Democrat and an early labor organizer, and has cast his political appeal to many groups who were raised up by the New Deal to non-poor status. Is the Administration of President Reagan a repeal of the New Deal or a replay? A close look at the budget, and the political context that produced the budget, gives some partial answers.

For our purposes, the New Deal is defined as the loose set of principles and policies that has developed from the 1930s to the 1970s and formed the “mainstream” of American domestic politics. For the moment we consider the Great Society to be part of that tradition. President Reagan himself apparently does not share this assumption, viewing the New Deal as having more in common with progressivism than with the Great Society of Lyndon Johnson.
Continuity and Change, Predictability and Change, in the Politics of Presidential Selection
Authors: Shafer Byron E.
Published: April 2006

Political scientists are charged with explaining the recurrent elements in the politics of presidential selection. Journalists are charged with explaining the elements of the moment. The best political scientists are nevertheless able to apply their larger analytic framework to the specific developments of the day. Just as the best journalists are able to frame those developments in some larger theoretical context. Political history, however, has been notably unkind to political scientists and journalists alike, when it comes to predicting the specific outcome of contests over presidential nominations—and elections. Inevitably, then, the year 1984 appears as the next challenge to scholarly, and journalistic, interpretation.

The principal sources of change in the contemporary politics of presidential selection, those categories of events which are the meat of working journalists, are themselves comparatively stable and would thus seem ideally suited to the investigations of working political scientists as well. These include the institutional framework for the nomination and then the election. They include the field of contenders which begins the chase for a nomination, and narrows in the conflict over final election. They include major public issues, both those which surface with some regularity and those which really are specific to one presidential year. And they include the organized interest groups, recognized constituencies, and rank-and-file individuals who participate at varying levels and in varying mixes from campaign to campaign. In the face of these regularized elements of change, of course, the strategies and tactics of elite contenders and mass participants also reliably shift. For 1984, every one of these categories shows some further evolution, or at least some new, noteworthy twist.
Constituencies and Strategies
Authors: Hamilton Charles V.
Published: April 2006

Whether it is the politics of the nomination process, the politics of the general election, or the politics of governance, it is safe to say that all candidates will firmly announce that they represent “all the people.” Each will pronounce profusely that he or she “owes no one or no special interest group.” And each will insist that he or she will pursue policies based on principles, not on pressures.

So much for the rhetoric, and it is quite expected and understandable. Of course, it is acceptable to be against “big government” or “big business” or “special interests.” That, too, is expected. A serious (meaning, even slightly possible) contender for, and occupant of the White House will not long remain so if he or she bluntly announces otherwise, that is, that one's candidacy is largely reliant on farmers, or business, or unions, or minorities (racial or otherwise).

The reality, however, is frequently somewhat different, and it is not necessarily a matter of political cynicism to say this. The nature of the three forms of the electoral/ governance system almost dictates that people who strive to govern one system develop strategies to appeal to several constituencies. Specifically, in order to be nominated one must court delegates. In order to be elected, one must count state electoral votes. In order to govern, one must construct still other kinds of coalitions. Always, at each step, the system mandates strategies that disaggregate the electorate into manageable blocs and available constituencies.
Mass Media and Presidential Selection
Authors: Rubin Richard L.
Published: April 2006

Presidential candidates know that the “press” (that is, print and electronic media) is often a decisive force in American electoral politics and spend much of their time trying to manipulate it for their own benefit. To politicians it is really a personal political matter, and the tendency when they speak about it is to both personalize and over-generalize the decisiveness of its influence. Thus, in 1976, Ted Kennedy stated flatly, “The press made Carter,” whereas Jimmy Carter repeatedly complained of the press's crucial role in “unmaking him” as president.

To political scientists the impact of the press, particularly television, is of primarily “systematic” importance rather than of personal interest—except of course, for those who would like to spend some years in Washington as advisor-practitioners. Scholars and students know that television has changed things a lot, but we are not exactly sure how much and what kind of responsibility the press as a whole bears for the substantial institutional changes that have occurred in the last two decades. Let me offer briefly some of the conclusions I have come to after researching, thinking, and writing for some years on this topic. I shall look, first, at what is new about television news compared to the pre-electronic era and, second, how the most significant of these mass communications changes have affected our electoral institutions and the presidency itself.
Challenges of Professional Development for Political Science in the Next Decade and Beyond
Authors: Walker Jack L.
Published: April 2006

Political scientists have been experiencing a 30-year boom in students, resources, opportunities and salaries unlike none other in the history of the profession, but there is little doubt that trends in all these areas are now turning downward. Some lingering skepticism remains about the magnitude of the coming troubles, but most members of our profession are aware not only that the boom is over, but that something ranging from a recession to a thumping depression is almost upon us.

The Committee on Professional Development has been formed in response to the gathering difficulties faced by political scientists. The Committee's task is to identify and precisely describe the problems being encountered by the profession and to suggest solutions. We begin by communicating with members of the National Association through its committees and publications, but hope that our reports and proposals might also stimulate debate and action within political science departments across the country. The profession still is in the early stages of what surely will be an extremely trying period of its history. If foresight is exercised, however, and we are flexible enough to adapt to changing social needs, it is possible that some of our problems can be transformed into opportunities. Our Committee is intended to aid in this important process of adaptation by encouraging the entire profession to discover new bases for intellectual growth.
“The Man of Iron” and Men of Power in Poland
Authors: Przeworski Adam
Published: April 2006

Ostensibly, “The Man of Iron” is a film about a successful strike, the culmination of ten years of hope and struggle, an act of solidarity among workers who have understood that the only guarantee of their material well-being and their freedom is the union, an autonomous power of their own. It is a film about a strike and, midway, director Andrzej Wajda turns it into a classical flick, a banal love story seen so many times before, with scenes of a train station, wrapped in blue mist, where a mother takes her child, wrapped in red blankets, away from the intruding repression. One enters the climate of Gorky's Mother, of “Adelein 31,” of “Norma Jean.”

Several Polish and French reviewers did not like this sentimental injection of private life, accusing the film of formal inconsistency, but I find the formalism of the strike film as profoundly ironic as the event itself: the strike of workers against the society where the working class was supposed to hold power, the strike against a party which claimed to represent them turned out to be just a strike like other strikes of workers against the power of capital and the state.

And the ending–one of the endings–is equally romantic: the hero and his woman reunited after she is freed from prison by the victory of strikers, the protagonist in the closing monologue turning to the generation of his father to report the accomplishment of the task.
On the Knife's Edge: Public Officials and the Life Cycle
Authors: Loomis Burdett
Published: April 2006

LaRuth, at forty, was on the knife's edge. Another two years and he'd be a man of influence, and therefore ineligible for any politics outside the House–or not ineligible, but shopworn, no longer new, no longer fresh. He would be ill-suited, and there were other practical considerations as well, because who wanted to be a servant for twelve or fourteen years and then surrender an opportunity to be master? Not LaRuth. So the time for temporizing was nearly past. If he was going to forsake the House and reach for the Senate (a glamorous possibility), he had to do it soon.

Ward Just, The Congressman Who Loved Flaubert

Ward Just's fictional congressman LaRuth faces two distinct, but related pressures. First, for members of the House, there are few opportunities for advancement. This truncated “structure of opportunities” forces tough choices upon ambitious politicians. The second pressure is no less profound. Ticking away are the dual clocks of chronological age and congressional seniority. Most members seek higher office early in their congressional career (though this may be changing some), when their ties to the House are least strong and the fires of ambition burn the hottest. Much as the externally imposed structure of opportunities affects career choices, so too do the roughly defined internal mandates of human development.
The Republican
Authors: Hodgkin Douglas I.
Published: April 2006

My experiences as a delegate to the 1980 Republican National Convention seem to reflect the role of party professional more than that of political amateur. The professional seeks party unity, supports the nominee despite disagreements on issues, and works for the party year after year, win or lose, whether or not he likes the current candidates or some issue stands of the party (Soule and McGrath, 1975).

Having been active in the Republican Party for 12 years, including service on the state committee, as chairman of the Second Congressional District Committee, and currently as chairman of the State Platform Committee, I presumably qualified as a professional in terms of length and character of involvement (Roback, 1975). Furthermore, this service provided the wide recognition within the party that has traditionally been important for selection as national delegate by the Maine State or Congressional District Conventions.
Excellence and Its Recognition: The Dissertation Awards in Political Science
Authors: Richardson William D. , Somit Albert
Published: April 2006

How many things by season season'd are.

To their right praise and true perfection!

Merchant of Venice, i, 107

In 1958 the American Political Science Association initiated the first of what were to be a number of awards for outstanding dissertations. In that year the Leonard D. White Memorial Award was established “… for the best doctoral dissertation within the general field of public administration.” This was followed, in turn, by the Edward S. Corwin Award (1973) “… for the best doctoral dissertation in the field of public law,” the Helen Dwight Reid Award (1965) “… for the best doctoral dissertation in the field of international relations,” and the E. E. Schattschneider Award (1971) “… for the best dissertation completed and accepted in the general field of American Government and Politics.” More recently, the Leo Strauss (1974), the William Anderson (1975), and the Gabriel A. Almond (1976) Awards have been established for the best dissertations in the fields of political philosophy, international relations and comparative politics, respectively.
Comment on Pool' Analysis
Authors: Boulay Harvey , Goldstein Richard , Zisk Betty
Published: April 2006

In the Fall 1979 issue of PS, Ithiel Pool presented an analysis of the recently-proposed HEW regulations on the protection of human subjects of behavioral and biomedical research. He expressed three major criticisms of the proposals. The first is that the draft regulations “extend federal authority … to policing some practices in private research which should in a free society be guided by private research which should in a free society be guided by private and professional decisions.” Second, he objects to the proposal that Institutional Review Boards (hereinafter “IRB's”) should determine that “the research methods are appropriate to the objectives of the research and the field of study.” Finally, he argues that the proposed regulations are an unconstitutional prior restraint on free speech.

We have serious reservations about all three of Pool's arguments, most particularly the third. We are concerned that the issues raised be seriously considered and widely discussed in the profession, especially given the quasi-official way in which Pool's statement was presented in PS (see the Editor's Note, p. 452) as well as the fact that it was announced in December 1979 (in IRB: A Review of Human Subjects Research) that a committee of social scientists headed by Pool has “challenged the constitutionality of the DHEW proposed regulations.” (The article listed such notables as Gabriel Almond, George Homans and Charles Lindblom as “among the more than forty prospective members of the Committee,” p. 7).
Assessing the Political Environment for Business: A New Role for Political Scientists?
Authors: LaPalombara Joseph
Published: April 2006

Political scientists are only now, and dimly, beginning to recognize that something called “political risk analysis” (PRA) is very much in vogue in the corporate and banking communities of this country. Any attempt to assess this uncommon development should begin with this question: Why would any banker or corporate manager wish to spend hard cash on anything political scientists might have to say about places overseas where banks and multinational corporations lend or invest their capital? After all, the profession is not exactly distinguished by its ability to make accurate forecasts. Indeed, Sartori has argued that political scientists ought to eschew forecasting entirely in that they are best able to explain what happened as opposed to what may come to pass.

Sartori's assertion of course would make historians of us all—and burden us with the historian's smug claim that, if the history examined is too recent, the immediacy of events will distort our vision and bias our judgments. Thus, rather than try to foretell where, say, Germany will move politically next year we should expend (more!) of our resources to establish once and for all what really caused Weimar to collapse and Hitler to come to power.

This is not the stuff of political risk analysis. Growing interest in this activity is little based on broad analyses of the past or on long-term forecasts of future events. The potential consumers of political assessments are intelligent, harried bankers and corporate managers who are pressed to make relatively short-term decisions that affect the viability of enterprise and investment-and, equally important, careers-in professions where tenure is unknown.
Microcomputers: Basic Choice Factors
Authors: Marks Gregory A.
Published: April 2006

In the last few years a computing revolution has been started. We have arrived at a point where an individual can have access to a personal computer that has real advantages over larger minicomputers and mainframes for a number of significant applications. When the further step is taken of providing a communications link between that personal computer and those larger systems, the overall result is a combination of capabilities of unprecedented potential.

As in any revolution, there have been problems and mistakes along the path. Indeed there are still shortcomings and hazards to be avoided. Nonetheless, there are personal computing systems available which offer many advantages for a wide spectrum of academic and professional people. This document is intended as an overview of what is currently marketed, providing reference points for the interested individual.
Statistical Packages for Personal Computers
Authors: Grafton Carl , Permaloff Anne
Published: April 2006

An impressive number of reasonably priced personal computer software packages of interest to political scientists are now on the market. Owners of computers such as the TRS-80 Model III and the Apple II can purchase software for word processing and statistical analysis which can substantially increase their productivity. Scholars trying to meet publication deadlines need no longer be delayed by harried secretaries trying single-handedly to meet the needs of an entire department. A computer/word processor used by a typist of average ability is nearly the equal of a good professional secretary. And those with even fairly large statistical analysis requirements may no longer be tied to the university's hectic “computer center” where they must wait in line for terminals, try to think amid constant movement and never-ending conversation, or suffer errors produced by noise injected between their terminal and the main frame along telephone lines.

This is an analysis of statistical packages sold by four companies for use on a variety of low, moderate, and high priced personal computers. Our focus on these packages reflects our statistical needs for research and teaching. We were looking for programs capable of handling relatively large data bases and with the capacity to perform multiple regression and time series analyses. We needed a program that could be used to analyze data generated from small survey samples. This required both frequency distribution and contingency table development and analysis. Finally, we needed a program or programs in an affordable price range.
The Advanced Study Program of the Brookings Institution
Authors: Carroll James D.
Published: April 2006

The Advanced Study Program of the Brookings Institution may be the largest continuing seminar on public policy in the United States, if not the world.

Is the American Constitutional system adequate to the needs of contemporary society?

Is the American system of government dominated by “special interests”?

Do “limits to growth” threaten to bring about increasing conflict among income groups in the United States?

Is the decline in economic productivity a threat to the international security of the United States?

What are the strengths and weaknesses of supply side economics?

What are the implications of the growth of the service economy for the various regions of the United States?

What are the relationships and tradeoffs among energy policy, inflation, environmental objectives, and regulatory policy?

What are the ethical implications of major public policies?

Each year, these and similar questions are explored in the approximately 100 seminars, conferences, and other educational programs conducted by the Advanced Study Program.
Trends in NSF Political Science Program Activity, 1975–1979
Authors: Wright Gerald C.
Published: April 2006

The data presented here were initially compiled as part of a background report for the May 19–20, 1980, meeting for oversight review of the NSF Political Science Program. These data on proposed loads, funding levels, and success rates are from the Foundation's proposal information data base. In sharp contrast to the criteria by which proposals submitted to the Program are reviewed, my goal here is purely desriptive. No attempt at explanation is ventured here beyond indicating a few specifics that seem important in interpreting changes in the data series.
Learning from Failures Present and Past
Authors: Elfin Margery L.
Published: April 2006

The Equal Rights Amendment (ERA) is not the first failed attempt to amend the U.S. Constitution to make the political power of women more equal to that of men. Nor was the first failure connected with the so-called Women's Suffrage Amendment which was ratified in 1920. Rather, it occurred 50 years and four successful amendments earlier. Despite the determined efforts of a small group of women, the Fifteenth Amendment guaranteed the right of all male citizens to vote regardless of “race, color, or previous condition of servitude” but left out women altogether.

It would be foolhardy to draw neat parallels between the experiences of activist women at two times as different as 1870 and the present. Nonetheless, it can be an instructive exercise.

Americans have always been suspicious of elites, and criticism leveled at the leadership of the ERA reflects that attitude. It would be unlikely, however, for a mass movement to be the propelling force behind a constitutional amendment. Looking back at the struggle over the Fifteenth Amendment, we see that a small band of educated, upper-middle-class women fought for the inclusion of women. That those women were perceived as an elite does seem to have hurt their cause. Similarly, the ERA's chances may have been damaged by a perception that its chief proponents were not typical American women.

Yet, the political culture of the time is clearly of greatest importance in determining an amendment's passage. In 1870 the barriers to acceptance of women as leaders were so great that even communicating their views was no easy task for the early suffragettes. The culture was resistant to women “speaking out.”
Reflections from Inside the Beltway: How Congress and the President Grapple with Health Policy
Authors: Fuchs Beth C. , Hoadley John F.
Published: April 2006

As many political humorists remind us regularly, politics “inside the Beltway” is not always of interest or relevance to the rest of the world. Yet for political scientists interested in the ongoing evolution of America's health care system, what goes on inside the Beltway has great import. For any proposed reform, there are three basic steps: getting the issue on the political agenda, securing passage of pertinent legislation, and implementation (although we intend to narrow our discussion to the first two).

A common criticism of academic political science is the disparity between the textbook portrayal of policymaking and the reality of what happens in Washington. In this article, we use abbreviated case studies to inject a dose of “inside the Beltway” reality into the images of policymaking. Included in our discussion is an account of how one issue—catastrophic health insurance—reached the political agenda and then more general comments on how health legislation has been considered and passed in recent years, with particular emphasis on the use of the budget reconciliation process. While cursory, we think these reflections provide a thumbnail sketch of how Washington is attending to important issues of health policy.
Expert vs. Expert: Lessons from Badham v. Eu
Authors: Wuffle A.
Published: April 2006

Professors Cain and Grofman were kind enough to suggest that I review the expert witness declarations in Badham v. Eu (D.C. California, 1984) in the light of my own previous research on expert witness testimony to identify frequently used modes of argumentation.

The single most important observation I can make about the nature of the expert witness testimony in Badham is to note its high quality. The experts in Badham are addressing real issues. The differences among these experts rest on differing normative views and on disputes about difficult empirical and methodological questions. Moreover, the genuine expertise of these social scientists cannot be in dispute. Thus, the most common techniques used in disputations among experts: (1) impeaching an expert witness' motives (e.g., accusing him of being a “hired gun” or an “ideological partisan”); (2) downgrading his academic credentials or claims to subject matter expertise; and (3) finding instances where his testimony has been repudiated by the courts, are simply inapplicable. This has not left the experts in Badham at a loss for words—but none of the disagreements among them are in the nature of ad hominem attacks.
The Other Side of the Camera: A TV Reporter's Stint as a Congressional Aide
Authors: Warren Larry
Published: April 2006

On a drizzly late afternoon, soon after the November 1984 elections and well before the start of the 99th Congress, I slogged into the Cannon House Office Building for an interview with a real, live congressman. This was not a new experience. As a television reporter for a decade, I'd interviewed dozens of representatives and senators along the way. This interview was entirely different, however, because this time I was looking for a job, and the member was looking for an APSA Congressional Fellow to help out in his office.

After the usual half hour wait in the lobby, I was ushered in to meet the member. It was football season and before settling into the couch, he was bragging about his alma mater's quarterback. Fortunately, my home team had a hot quarterback too, so we debated quarterback's arms instead of the nuclear or conventional variety. I was scheduled for 20 minutes with the member, and half the time expired before the member abruptly turned to the real subject at hand—hockey. About the time I'd run through the last fact in my hockey memory, the member actually picked up my resume and scanned it.

One fact leaped from the page and got him even more worked up than his quarterback's passing percentage. “So you're a TV reporter, huh? I've always liked having TV guys around.” By now the 20-minute interview time was up, but it would be another 1½ hours before I got back out into the rain, with my first real insight into politics and TV news, from the other side of the camera.
Simple Images and Complex Realities: English Lawyers and Their Relationship to Business and Politics, 1750–1950
Authors: Sugarman David
Published: April 2006

Are lawyers professionals, constrained by public-service limitations on their work, or free-wheeling business people? So the current debate surrounding professionalism versus commercialism is articulated. All too often this controversy is grounded in overdrawn dualisms, a sort ofGemeinschaft-Gesellschaft: a golden age of the lawyer as public servant that has given way to the ethics of the marketplace. The starting point of this essay is that this way of thinking about the work of lawyers is unhelpful, as it encourages a belief in stark divisions between a pure realm of “lawyering” and the grubby world of “business,” and between the “public” and the “private” dimensions of lawyers' work. In practice, both lawyering and business and the public and private fields of lawyering are, and probably always have been, imbricated within each other. This article seeks to demonstrate this coalescence from historical materials.
The Lawyers Discover the Fall of Rome
Authors: Whitman James Q.
Published: April 2006

Petrach detested lawyers. The story of his experience of law is familiar. In 1316 Petrarch, then twelve years old, was sent by his father to study law, first in Montpellier, then in Bologna, the oldest center of Roman law studies in Europe. Bologna entranced him in some ways; there were great law teachers there, he latter wrote, who were like the ancients themselves returned to life. Nevertheless, if he looked up to some of his teachers, his studies in Bologna taught Petrarch to despise the general soullessness and avarice of fourteenth-century lawyers. Lawyers, he later wrote, cared nothing for antiquity and everything for money: to them “everything is for sale.” It was not, he assured readers of his Epistle to Posterity, that he found the subject too difficult. On the contrary, “many asserted that I would have done very well if I had persisted in my course. Neverthesless I dropped that study entirely as soon as my parents' supervision was removed. Not because I disliked the power and authority of Roman law, which are undoubtedly very great, or its saturation with Roman antiquity, which I love; but because men, in their wickedness, pervert Roman law when they employ it.” Appalled by what he had seen, he gave up law for more honorable pursuits.
The Medieval English Court of Chancery
Authors: Haskett Timothy S.
Published: April 2006

The medieval English Court of Chancery is not a well-known institution. Its Victorian great-granddaughter—if to posit such a relationship does the antecedent justice—has a far broader public for its much darker persona, thanks to Jarndyce and Jarndyce. Even Chancery's Jacobean descendant looms larger in the historical memory than does its medieval forebear, if only for the celebrated battle between Chancellor Ellesmere and Coke, CJ. Perhaps with the brief tenure of St. Thomas More, brought into our own popular culture by playwright Robert Bolt and actor Paul Scofield, the early Chancery emerges for a moment, although the court under More was overshadowed by that chancellor's more difficult trials. In fact, the Chancery as a court has been subsumed in a multitude of studies on the Chancery as an administrative office. It appears in essays on government, councils and parliaments, writing offices and administrative centers. Yet the court that grew around the chancellor was not the sum, or even just a part, of his activity as the leading administrator of the realm. Still, with a few exceptions, the medieval Court of Chancery has never been afforded the same careful and discrete treatment its Elizabethan successor has received. The older court remains a footnote to administrative history, something just on the far side of the light cast by St German and Tudor records.
Jews, Guardians, and Magna Carta, Clause 11
Authors: Hogg R. Malcolm
Published: April 2006

Clause 11 of King John's Magna Carta has not received as searching an examination as have other clauses of that document. For example, McKechnie's comment runs to only half a page. In the 295 pages which he devotes to the individual clauses of Magna Carta, only his comments on clauses 62 and 63, clauses which he describes as ‘entirely of a formal nature’, and on clauses 53 and 57 are shorter. True, some of the points which have relevance for clause 11 are made in his comment on clause 10. But nearly all such points concern the Jews, whereas it is the intention of the present article to argue that the Jewish aspect of clause 11 has been too much discussed, or too much assumed, at the expense of other aspects, particularly its connection with guardians. After all, the common assumption that clause 11 represents part of a baronial attack on the Jews has been coupled, rather paradoxically, with the admission that it was too superficial to have much effect on the Jews. It is worthwhile inquiring whether the paradox really exists. Is the superficial effect on the Jews an indication that the purpose of the clause, at least in its origin, lay in a different direction? This article will suggest the possibility that unscrupulous guardians were the primary target of clause 11.
Warranty and Good Lordship in Twelfth Century England
Authors: Hyams Paul R.
Published: April 2006

This paper starts from charters. It may even be regarded as an attempt to trace and explain the rise and development of express warranty clauses in English private documents, an exercise in diplomatic. The main stimulus behind the investigation is, however, something quite different: the challenge of understanding English law before the advent of a common law. I want my explanations to be consistent not merely with the social relations that produced the charters, but also with the mental terms in which they were thought out and interpreted, their legal context.
‘Legal Windows Onto Historical Populations’? Recent Research on Demography and the Manor Court in Medieval England
Authors: Poos L.R. , Smith R.M.
Published: April 2006

The stategic role played by population movement, and its interaction with agrarian environment, in current theories of medieval economic development stands in sharp contrast to the relatively sparse direct evidence that can be marshalled to elucidate demographic change in medieval England. Indeed, work done to date has relied largely upon indirect indicators such as rents, prices, and wages or landscape changes associated with processess of reclamation, colonization, settlement resiting, shrinkage and desertion.
Legal Justice, Social Justice: An Incursion into the Social History of Work-Related Accident Law in Ontario, 1860-86
Authors: Kostal R. W.
Published: April 2006

The historiography of work-related accidents in nineteenth-century Ontario is a product of two complementary but as yet unsynthesized lines of inquiry. On the one hand, legal historians have focused on the genesis of judge-made and statutory law respecting the liability of employers for the work-related accidents of their hired labor. Considerable light has been shed on political and ideological as well as formally “legal” factors that shaped judicial and legislative decision making concerning personal injuries at work. However, the legal historiography of the Victorian Ontario workplace pertains mainly to the law and those who made the law, rather than those subject to it. These studies of the dynamics of legal change, important as they are, lack a firm basis in tangible sociohistorical experience.
“Lawless Law”: Conservative Political Violence in Upper Canada, 1818–41
Authors: Wilton Carol
Published: April 2006

The Types Riot of June 8, 1826, is the most celebrated episode of conservative political violence in Upper Canada. It was directed against William Lyon Mackenzie, an immigrant from Scotland and a newspaper editor in York (Toronto) who had perfected a style of journalism characterized by scathing personal abuse of the colony's leaders. About a dozen well-connected individuals, most of them lawyers or law students, broke into the offices of Mackenzie'sColonial Advocatenewspaper in its owner's absence. Terrorizing Mackenzie's mother, son, and assistants, the rioters wrecked the press and scattered the types, throwing some of them into the bay nearby. In a harbinger of what was to come, more than one magistrate looked on without interfering. The attorney general, John Beverley Robinson, neither disciplined the lawyers and law students among the rioters nor prosecuted them in the criminal courts.
The Undercurrents of Penal Culture: Punishment of the Body in Mid-Twentieth-Century Canada
Authors: Strange Carolyn
Published: April 2006

In the wake of Foucault's provocative philosophical contributions to the study of discipline and punishment, social and legal historians no longer narrate penal history as a straightforward tale of moral and political progress. In its place is a schematic picture of a large-scale retreat from the body to the prison as the prime site of punishment. Historiographical proclivities perpetuate that image: early modernists tend to concentrate on the Bloody Code and similar régimes of terror, whereas historians of the twentieth century specialize in studies of regulatory modes of punishment and “normalization.” These latter works include histories of reformatories, family courts, social workers, psychiatric experts—in short the institutions and agents that best instantiate the reorientation toward disciplining the soul and governing the self. Scholars who study corporal and capital punishment in the twentieth century would seem to have nothing to add, other than to remark that there were exceptions in the wider history of penal change.
The Scottish Case That Led to Hardwicke's Marriage Act
Authors: Leneman Leah
Published: April 2006

The legal and social implications of Hardwicke's Marriage Act, passed in 1753, were of the utmost importance in England. From 1754 onwards a marriage, in order to be recognized as legal, had to be carried out in a very specific, circumscribed manner, ending a period during which “irregular” or clandestine marriages proliferated. Although Lord Hardwicke had been agitating for such legislation for years, it was one case in particular, a Scottish action, which had been appealed to the House of Lords, that precipitated the Act.
History and Interpretation of the Great Case ofJohnson v. M'Intosh
Authors: Kades Eric
Published: April 2006

At the root of most land titles in America outside the original thirteen colonies sits a federal patent. The validity of government title, in turn, rests on “[t]he great case ofJohnson v. M'Intosh,” which held that a discovering sovereign has the exclusive right to extinguish Indians' interests in their lands, either by purchase or just war. Yet both legal and historical scholarship on this “great case” is surprisingly thin. There are no studies examining the litigants or the actual acreage under dispute (surprising for a real property dispute). There are also a number of unanswered legal questions surrounding Chief Justice Marshall's opinion inM'Intosh, perhaps none more glaring than the failure to pin down the legal basis for the decision. This article endeavors to fill in these gaps.
Judging Evil in the Trial of Kastner
Authors: Bilsky Leora
Published: April 2006

When Hannah Arendt came to Jerusalem in 1961 to attend the Eichmann trial she expected to find Evil incarnated in the person of Eichmann. How surprised she was to see the man in the glass booth. The word she used repeatedly to describe him was “mediocre,” referring to the very average qualities of his person. To Arendt the dissonance between Eichmann's horrifying actions and the bureaucratic character of the man demanded an explanation. Like so many of us, Arendt's conception of evil had been informed by great works of art, but the reality of this villain did not fit her expectations.
Motives at Philadelphia, 1787: Gordon Wood's Neo-Beardian Thesis Reexamined
Authors: Slonim Shlomo
Published: April 2006

Ever since Charles Beard published his seminal work, An Economic Interpretation of the Constitution of the United States, in 1913, a vigorous debate has ensued among historians over the purpose and design of the Constitutional Convention. Was it, as Beard claimed, a Thermidorean counterrevolution, a reaction to the leveling propensities unleashed by the Revolution, or was it a conclave of patriots dedicated to the preservation of the Union and intent on strengthening the federal government so as to overcome the centrifugal forces tearing the confederation apart? For about forty years after its appearance, Beard's interpretation reigned supreme. It became the accepted wisdom that the Founders had acted out of selfish class interests in fashioning a constitution that would serve to protect the forms of property with which they were particularly associated. Subsequently, however, during the 1950s, Beard's analysis was subjected to more exacting scrutiny and found wanting. Vigorous challenges against his methodology and conclusions were raised by such writers as Douglass Adair, Cecelia M. Kenyon, Robert E. Brown, and Forrest McDonald. In the wake of their analyses very little of Beard's thesis was left intact.
Law and Neoclassical Economics: Science, Politics, and the Reconfiguration of American Tort Law Theory
Authors: Hackney James R.
Published: April 2006

Morton Horwitz once posed the question, “Law and Economics: Science or Politics?” highlighting what has been a contentious issue for legal historians and the general legal academic community. A common historical accounting for the emergence of the law and neoclassical economics movement is that it provided theoretical ammunition for right-of-center politics following the collapse of 1960s progressive politics. Simultaneously, it has been viewed as a continuation of the legal realist moment and a response to the need for a scientific foundation for private law. In short, the consensus seems to be that law and neoclassical economics is about either science or politics. Little thought has been given, however, to its political and scientific formation and, in particular, to how the two in fact intersect. This article attempts to remedy the situation.
Law and Economics, Science and Politics
Authors: Duxbury Neil
Published: April 2006

I have been invited, and consider it a privilege, to comment briefly on James Hackney's article, Law and Neoclassical Economics. Perhaps it is unnecessary to remark that the article is both engaging and original. Not only does its quality speak for itself, but Hackney is not unforthcoming in speaking for himself. His in-depth and nuanced historical examination of law and neoclassical economics, he tells us, is the first to discuss the intellectual and political backdrop that facilitated law and neoclassical economics' rise to prominence and the first detailed exploration of how law and neoclassical economics as a field of study displaced pragmatic instrumentalist strands in legal theory. Hackney, clearly, could hardly be said to be unaware of the notion of product-differentiation.