bluuebunny/crossref_metadata_2025_split huggingface dataset:
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Authors: Purcell Edward A. Jr. 
Published: June 2020

Abstract
This chapter traces Justice Antonin Scalia’s rise from law school to a position on the Supreme Court and then his emergence as a judicial icon representing “conservatism” and “originalism” in opposition to the legacy of the Warren Court. It locates his rise in his political commitment to the Republican Party, his appeal to President Ronald Reagan and Attorney General Edwin Meese III, and his triumph over his fellow conservative intellectual Robert Bork for the leadership of judicial conservatism and the effort to promote constitutional originalism. Once established on the Court, Scalia’s influence grew until he and his jurisprudence became significant political issues for both national parties, especially in subsequent judicial confirmation hearings and presidential elections. When Scalia died in early 2016, his replacement became a major issue in the presidential campaign, and the new Trump administration promised to replace him with the most Scalia-like candidate it could find.
An Arbitrary Jurisprudence: Heller
Authors: Purcell Edward A. Jr. 
Published: June 2020

Abstract
This chapter examines Justice Antonin Scalia’s highly controversial opinion in District of Columbia v. Heller construing the Second Amendment and holding that the U.S. Constitution establishes an individual right to possess firearms. Scalia held his opinion up as an example of constitutional originalism, and the chapter argues that it was indeed exemplary—but for reasons wholly contrary to those Scalia assumed. Rather than demonstrating the value of originalism, Heller shows that originalism is an inadequate and easily manipulable methodology. The chapter argues that Scalia’s opinion was arbitrary both in the source materials it cited and those it ignored and that it was based not on history but in Scalia’s personal love of guns and hunting. More broadly, the chapter argues that Scalia’s opinion shows that originalism is a rhetoric of constitutional change and that the Court’s decision in the case was the result of the half-century campaign of the National Rifle Association to work through the Republican Party to create an individual right to possess firearms based on the Second Amendment.
An Ignored Jurisprudence: Bush v. Gore
Authors: Purcell Edward A. Jr. 
Published: June 2020

Abstract
This chapter examines Justice Antonin Scalia’s actions in the notorious case of Bush v. Gore. There, five conservative justices voted to stop the recount of the Florida vote in the election of 2000 and make George W. Bush president. The chapter outlines the position of the justices and focuses on the two opinions that Scalia joined, a per curiam for seven relying on the Equal Protection Clause and a concurrence by Chief Justice William Rehnquist for three of the seven based on Article II. The chapter argues that both of those opinions contradicted virtually all of Scalia’s jurisprudential principles, including those involving standing and the political question doctrine. Further, it argues that both of those opinions—together with the solo opinion Scalia wrote supporting a stay of the Florida recount and certain other contextual factors—demonstrate that Scalia’s actions in the case were deeply personal and inspired by his intense desire to see the Republican candidate win the election.
An Abandoned Jurisprudence
Authors: Purcell Edward A. Jr. 
Published: June 2020

Abstract
This chapter examines Justice Antonin Scalia’s views on Article III of the U.S. Constitution and the nature of the federal judicial power that it established. One of Scalia’s principal goals was to limit severely the power of the federal courts and to undo many of the decisions of the Warren Court, including their ability to create implied private causes of action, and the chapter argues that in pursuing that goal Scalia departed from originalist views and that the arguments he advanced were themselves self-contradictory. The chapter shows, moreover, that originalist doctrines and historical practices actually contradicted his claims about limits on the federal judicial power. Further, the chapter argues that his views were based not on originalist ideas but on the twentieth-century positivism associated with Erie Railroad v. Tompkins, and that in Sosa v. Alvarez-Machain, he explicitly acknowledged that his positivist ideas were not the ideas of the Founders. The chapter concludes that in this area, Scalia simply abandoned originalism and did so, once again, to achieve his own ideological and political goals
The Methodological Fallacy
Authors: Purcell Edward A. Jr. 
Published: June 2020

Abstract
This chapter begins the book’s basic conclusions about the reasons for Justice Antonin Scalia’s enduring historical significance in terms of understanding American constitutionalism. The first reason, the chapter argues, is that his jurisprudence and judicial career demonstrate his belief in a pervasive “methodological fallacy,” the common belief that there is some formal interpretive methodology that is capable of tightly constraining or eliminating judicial discretion and generally providing “correct” interpretations of the U.S. Constitution. Scalia claimed that his jurisprudence did this, but his career demonstrated both that his jurisprudence was deeply flawed and that his own actions were largely guided not by “objective” originalist sources but by his own ideology and politics. The chapter argues that one major reason for Scalia’s enduring historical significance is that it suggests the true nature of American constitutionalism, the fact that the Constitution is incomplete and in many ways indeterminate and that there is no formal methodology capable of producing “correct” answers to most or all disputed constitutional questions.
The Fusion of Jurisprudence and Politics
Authors: Purcell Edward A. Jr. 
Published: June 2020

Abstract
This chapter explains the second reason for Justice Antonin Scalia’s enduring historical significance in understanding American constitutionalism. The chapter argues that he was closely allied with the Republican Party and shared the values of the social groups that constituted the party’s base. His jurisprudence and judicial career reflected that fact and did so to an unusually high degree, implementing the conservative agenda in such areas as civil rights and cases involving the Federal Rules of Civil Procedure, all designed to handicap plaintiffs across the board, especially those who sued governments and corporations. Thus, the chapter argues that Scalia’s jurisprudence and career exemplified a second fundamental characteristic of American constitutionalism, the close and informing relationship that exists between personal politics on one hand and formal methodologies and theories on the other. In his books, articles, speeches, and opinions, Scalia became a public celebrity and gave voice to virtually every theme in the conservative coalition’s rhetoric, and in the great majority of the cases he supported results consistent with the goals and values of that coalition.
One Small Candle
Authors: Bremer Francis J. 
Published: June 2020

Abstract
One Small Candle tells how the religious values of the Pilgrims prompted their settlement of the Plymouth Colony and how those values influenced the political, intellectual, and cultural aspect of New England life a hundred and fifty years before the American Revolution. It begins in early seventeenth-century England with their persecution for challenging the established national church, and their struggles as refugees in the Netherlands in the 1610s. It then examines the challenges they faced in planting a colony in America, including relations with the Native population. The book emphasizes the religious dimension of the story, which has been neglected in most recent works. In particular it focuses on how this particular group of puritan Congregationalists was driven by the belief that ordinary men and women should play the determinative role in governing church affairs. Their commitment to lay empowerment is illustrated by attention to the life of William Brewster, who helped organize the congregation in its early years and served as the colony’s spiritual guide for its first decade. The participatory democracy that was reflected in congregational church covenants played a greater role in the shaping of Massachusetts churches than has previously been accepted. This outlook also influenced the earliest political forms of the region, including the Mayflower Compact and local New England town meetings. Their rejection of individual greed and focus on community was an early form of an American social gospel.
The Religious Scene in Early Modern England
Authors: Bremer Francis J. 
Published: June 2020

Abstract
From the start of the English Reformation in the 1530s under Henry VIII through into the early seventeenth-century there was unceasing controversy over how the new church should be defined. Some wished much of Roman Catholic belief and practice to be retained. Other, labeled puritans, sought to follow the lead of more advanced continental reformers and purge the church of all Catholic remnants. William Brewster was a young puritan who had studied at Cambridge University, traveled to the continent with the English envoy William Davison, and then, following Davison’s fall from grace, returned to his home town of Scrooby. There he sought to further the cause of religious reform and gathered around himself men and women of similar beliefs.
Refugees
Authors: Bremer Francis J. 
Published: June 2020

Abstract
Growing pressure on English separatists led many to seek refuge in the Netherlands, where there was greater religious toleration. After a few attempts that were prevented by English authorities, the Scrooby congregation migrated to Amsterdam, joining briefly with the English Ancient Church there. Shortly thereafter they moved on to Leiden, a Dutch city that Brewster was familiar with. They struggled to adapt to an urban environment, new occupations, and a different culture. With John Robinson as their pastor and William Brewster as lay elder, the congregation perfected its practices, including lay prophesying. Robinson engaged in debates with Arminians, who challenged orthodox Calvinism. Brewster started a press that published puritan books. Over time they abandoned a strict separatism that rejected all contacts with those who had not left the Church of England, to a greater openness to contacts with other godly believers.
Sustaining the Vision
Authors: Bremer Francis J. 
Published: June 2020

Abstract
Many of the English investors resisted efforts by John Robinson to join the Plymouth congregation, fearing the consequences of their colony becoming too closely identified with separatism. Those investors were critical of many of the practices of the congregation and sent over a minister, John Lyford. Lyford encouraged a dissident faction in the colony and was expelled when his complaints to the investors in England were discovered. During these years the colony’s political structure was advanced in keeping with the congregation’s practice of empowering ordinary people. The colonists established annual elections and a yearly meeting of an assembly (the General Court) to deal with the colony’s needs. The court also served as the judiciary and sentenced to death John Billington for killing a fellow colonist and three settlers for killing a Native.
Plymouth and the Bay
Authors: Bremer Francis J. 
Published: June 2020

Abstract
During the 1620s the colony faced various challenges, some centering on a settlement to the north that came to be dominated by Thomas Morton. Morton was accused of selling guns and liquor to Natives and carrying on revels around a maypole he had erected. Plymouth sent Myles Standish and a small armed force to arrest Morton, and they sent him back to England. In 1628 the first settlers of what was to be the Massachusetts Bay Colony arrived in Salem. These puritans were not separatists but turned to Plymouth for advice on how to organize their religious life. Samuel Fuller, Plymouth’s physician and a deacon of the church, visited Salem to aid those suffering from scurvy, but also persuaded John Endecott, the settlement’s leader, of the congregational principles on which the Plymouth congregation was based. The Salem settlers thereafter drew up their own covenant and subsequently chose their own ministers.
Congregationalism Advanced
Authors: Bremer Francis J. 
Published: June 2020

Abstract
While the rest of New England followed the Congregationalist lead of Plymouth, there was unity without uniformity. Other churches sought the advice of Brewster and other Plymouth leaders on a variety of religious, political, and judicial matters. Various dissenters arose to challenge the New England Way. One was Roger Williams, who spent time in and developed some of his views in Plymouth. Plymouth had found a minister in Ralph Smith, who participated in the regional synod at Cambridge, Massachusetts, to define errors that had arisen during the Free Grace controversy. Samuel Gorton was another troubler of the established order who spent time in Plymouth. As Plymouth grew, individuals hived off from the original settlement to form new settlements in the colony such as Scituate, Duxbury, and Marshfield. This growth posed challenges to the values of the colony.
Conclusion
Authors: Bremer Francis J. 
Published: June 2020

Abstract
Brewster’s death in 1644 marked a landmark in the history of the colony. At that time the English Civil Wars (or Puritan Revolution) had begun and William Bradford and others hoped that the small beginning of reform offered by Plymouth might lead to a transformation of not only New England but the mother country as well. But there were debates over that New England Way in the colonies, with a slow movement toward shifting authority from ordinary believers to clerical leaders, and from individual congregations to some form of synods or clerical councils. The practice of prophesying was criticized by many clergy. There were debates about the extent that different views should be tolerated. As he neared the end of his life William Bradford composed dialogues in which he explained the core values that the founders of Plymouth had upheld.
“The Sound in Faith”
Authors: Roberts Wendy Raphael 
Published: June 2020

Abstract
Chapter 1 provides the first literary treatment of the transatlantic bestseller, Ralph Erskine’s Gospel Sonnets. The chapter argues that the poem makes visible how poetry and homiletics enabled each other and, as they did so, fused together the revivalist minister and the poet, the itinerant and the poem, and soteriology and verse form. Erskine developed an espousal poetics (a poetics based on the metaphor of Christ wed to the believer) that saturated the rhymed couplet with Calvinist thought and helped produce a lived affective theology. While scholars have conceived of the Augustan Age in terms of Alexander Pope’s heroic couplet primarily as an Enlightenement form, this chapter argues that early Evangelicalism contributed a different meaning to poetic form—what Roberts calls the “Calvinist couplet.”
Policymaking, Procedural Justice, and Support for Compromise
Authors: Wolak Jennifer 
Published: June 2020

Abstract
Conflict is at the heart of politics, inviting people to see politics in terms of battles to be waged and wars to be won. Policy conflicts invite people to see disagreements in strategic terms. If partisans believe they have the votes to pass their agenda, then compromise will hold little appeal. Experimental findings confirm that people tend to be strategic in how they think about compromise, as those on the winning side tend to resist compromise while those who face unfavorable outcomes embrace it. Yet reminders about democratic norms of procedural fairness and political civility can undercut these tendencies, and encourage people to think about compromise in more principled ways.
Theorizing Adaptation
Authors: Elliott Kamilla 
Published: June 2020

AbstractAsking why adaptation has been seen as more problematic to theorize than other humanities subjects, and why it has been more theoretically problematic in the humanities than in the sciences and social sciences, Theorizing Adaptation seeks to both explicate and redress “the problem of theorizing adaptation” through a metacritical history of theorizing adaptation from the late sixteenth century to the present, a metatheoretical theory of the relationship between theorization and adaptation in the humanities, and analysis of and experimentation with the rhetoric of theorizing adaptation. Adaptation was not always the bad theoretical object that it increasingly became from the late eighteenth century: in earlier centuries, adaptation was celebrated and valued as a means of aesthetic and cultural progress. Tracing the falling fortunes of adaptation under humanities theorization, the history nevertheless locates dissenting voices valorizing adaptation in every period. Adaptation studies can learn from history not only how to theorize adaptation more positively, but also to consider “the problem of theorization” for adaptation. The metatheoretical section finds that theorization and adaptation are rival, overlapping, inimical processes, each seeking to remake culture—and each other—in their images. It is not simply the case that adaptation has to adapt to theorization: rather, theorization needs to adapt to and through adaptation. The final section attends to the rhetoric of theorizing adaptation, analyzing how tiny pieces of rhetoric have constructed adaptation’s relationship to theorization, and turning to figurative rhetoric, or figuration, as a third process that can mediate between adaptation and theorization and refigure their relationship.
Resetting Taxonomies
Authors: Elliott Kamilla 
Published: June 2020

AbstractChapter 6 demonstrates how and why adaptation resists theorization at its second stage: the development of taxonomies. While taxonomization has been challenged as a theoretical enterprise generally, adaptation offers more particular resistance to it. As a process that crosses taxonomical borders of all kinds, adaptation is itself anti-taxonomical. Even so, examining how some scholars have sought to taxonomize adaptation and others have resisted adaptation taxonomies informs adaptation’s relationship to theorization. As with definitions, taxonomies have subjected adaptation to other disciplines and their taxonomies. While discussions of adaptation taxonomies have been largely focused on taxonomies from translation studies and narratology, adaptation has been subjected to a host of others, studied and organized by adapters, genres, nations, historical periods, media forms and technologies, and by the taxonomies of identity politics, which are rarely addressed as taxonomical systems. Moreover, disciplines are themselves taxonomies: certain disciplines (most notably philosophy, history, linguistics/rhetoric) have been accorded theorizing power in the humanities, while others have not. By contrast, adaptation inhabits all disciplines and cannot be satisfactorily theorized without input from them all. Joining scholars who have for centuries questioned the ability of rational and empirical epistemologies to theorize the arts, Chapter 6 argues for creative-critical adaptation practice as a way to generate dialogues between the theorizing and “non-theorizing” disciplines. As with definition, retheorizing adaptation theorization at the level of taxonomization is not a matter of deciding which taxonomies developed to study other things we should apply to adaptation but of taxonomizing adaptation as adaptation and of setting these in dialogue with the taxonomies we already have in adaptation studies.
Setting the stage for mass murder and human experimentation
Authors: Zeidman Lawrence A. 
Published: June 2020

Abstract
With Hitler’s 1933 power seizure, the fate of roughly 9000 political and racial “enemy” neuroscientists was sealed. In the “Gleichschaltung,” or coordination of German neuroscience, step-wise legal and professional sanctions occurred against “non-Aryan” neuroscientists at every university neurology department in Germany. These were either dismissed within the first months of the Nazi takeover or by the passage of the 1935 Nuremberg Laws. Sometimes the dismissed neuroscientists were forcibly removed by colleagues and sometimes they were arrested and imprisoned for trumped-up charges. Even private neurologists were forbidden from seeing insurance panel patients. Half of all German doctors joined the Nazi party, eager to take the positions vacated by their Jewish and communist comrades. The German neurology and psychiatry societies were merged to facilitate Gleichschaltung and Nazi influence on the specialties. And flourishing research and clinical programs were halted and then replaced by the racial hygiene agenda of the Nazi state.
Neuroscience becomes “Aryanized” at the Kaiser Wilhelm Institutes in Germany
Authors: Zeidman Lawrence A. 
Published: June 2020

Abstract
The Kaiser Wilhelm Institutes (KWI) in Germany were supposed to be bastions of internationally renowned science, but were just as easily “coordinated” under National Socialism in Germany as the universities and public hospitals and clinics. The KWIs for brain research in Berlin and Munich, even partially founded by a Jew in the case of the latter, became primary sites for research related to the Nazi “euthanasia” programs. The transition from physiologic to pathologic research at each institute, facilitated by replacement of dissident neuroscientists with more loyal and ethically pliable neuroscientists, such as Spatz and Scholz, helped to set the stage for euthanasia research. Illustrated in this chapter is the fact that at least seven replacements of non-Aryans or dissidents at various levels significantly facilitated the coordination of the KWIs. One of these, Marthe Vogt, was not actually a dismissal, but a voluntary emigration from Germany in rejection of the Nazis.
Hitler wages war on Europe, and on neuropsychiatric patients Neuroscientists introduce “euthanasia,” the ultimate negative eugenic measure
Authors: Zeidman Lawrence A. 
Published: June 2020

Abstract
During the war, a more austere method of eliminating “useless eaters” was adopted by the Nazi state: killing patients. The concept of patient murder dated back to Hoche, a neuropsychiatrist, and Binding, a lawyer, and their 1920 book Permission for the Destruction of Life Unworthy of Life. Only in the totalitarian Nazi state, however, could an illegal secret action be authorized leading to the extermination of at least 275,000 neuropsychiatric patients. After about 70,000 patients were killed by gassings in the first phase (Action T4), the program was carried out on a smaller scale. The T4 medical director was a neuroscientist, at least 42.5% of the T4 assessors were neuroscientists, and among the T4 assessors were at least eight neuropsychiatry “Professor Doctors.” Killing methods included starvation, drug overdoses, and killing by painful pneumoencephalograms. It was the Nazi neuroscientists’ “devolution” from small initial ethical transgressions that resulted in patient murder.