bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Land and Other Property
Authors: Friedman Lawrence M. 
Published: October 2019

Abstract
This chapter discusses the development of property law in the second half of the nineteenth century covering land law, public land, dynasts landlord and tenant, mortgages, titles, and intellectual property. One dominant theme of American property law was the idea that land should be marketable; that people should be able to buy and sell land freely. This was a big, open country, a land of abundance, a land with land for everybody, huge tracts of vacant land. For the settlers, land promised a better life, a life of rising expectations; land was mother of resources and development. As the frontier moved West, land law followed at a respectable distance. Land law was not uniform. Conditions in New York were not the same as conditions in Wyoming. However, overall trends were quite similar and old doctrines were reshaped to suit American conditions.
The Underdogs: 1850–1900
Authors: Friedman Lawrence M. 
Published: October 2019

Abstract
This chapter discusses laws covering the poor, women, family, and races in the second half of the nineteenth century. The American system provided a voice, and a share in the economy to more people, and to a greater percentage of the population, than most of the Old World countries did. But decisively not everybody. Women lacked rights and were definitely the weaker sex, socially speaking. For blacks, for Native Americans, for the Chinese, for the unorganized and the powerless in general, this great democracy had little enough to offer. However, there were some changes in the late nineteenth century. A movement, staffed by volunteers, arose to make charity more “scientific,” and to bring some sort of order out of chaos. In addition, a small but enthusiastic band of people, inside and outside of government, worked hard to improve the lot of the poor and the institutions that served them.
The Law of Corporations
Authors: Friedman Lawrence M. 
Published: October 2019

Abstract
This chapter discusses the development of corporate law in the second half of the nineteenth century. In 1800, corporation law was a torpid backwater of law, mostly a matter of municipalities, charities, and churches. Only a bridge or two, a handful of manufacturing enterprises, a few banks, a few insurance companies, disturbed its quiet. The nineteenth century, however, was the age of the business corporation. By 1870, corporations had a commanding position in the economy. Private practice and legislation made the law of corporations. The courts played a minor role. No constitutional convention met, between 1860 and 1900, without considering the problem of the corporation. This was a nineteenth-century constant; it changed form, format, and its cast of characters, but there was a numbing sameness of theme.
Two Paradigmatic Tales, between Genres and Genders
Authors: Sheppard W. Anthony 
Published: October 2019

Abstract
This chapter focuses on multiple versions of the Madame Butterfly narrative in Hollywood film and on multiple versions of Cecil B. DeMille’s 1915 silent film The Cheat. One focus is on the relationship between music in these films and Puccini’s Madama Butterfly and on how the Butterfly narrative was reworked to project developing perceptions of race and gender. The relationship between operatic and cinematic Orientalist representation is explored in the 1932 Madame Butterfly and the 1962 My Geisha. DeMille’s “The Cheat” inspired works stoking fears of the “Yellow Peril.” The story was transformed into a play (1918). Camille Erlanger’s “Forfaiture,” the first opera to be based on a film, premiered in Paris (1921). A silent film was released in 1923 and a sound film in 1931. In 1937, a French film starred Sessue Hayakawa, the Japanese actor who played the “villain” in 1915. This offers an opportunity to compare the role of music and realization of Orientalism in four genres.
Regimes
Authors: Cai Congyan 
Published: October 2019

Abstract
This chapter examines China’s engagement with international regimes from perspectives of both norm compliance, which is the focus of China as a rule-taker, and norm entrepreneurship, which represents a major ambition of a rising China. It does not debate too much the status quo of China’s norm compliance or norm entrepreneurship. Instead, it focuses on what methodologies China adopts to comply with its international obligations and achieves its norm entrepreneurship. In doing so, this chapter examines how China engages the regimes in relation to peace, development, human rights, and new areas as well. This chapter informs people how international law enables the rise of China, how international law contains or fails to contain the rise of China, and how China seeks to reshape international law, thereby illustrating the multiplities of interactions between international law and the rise of China.
A Free and Independent Press
Authors: Zick Timothy 
Published: October 2019

Abstract
This chapter discusses the fragility and necessity of a free and independent press. It places the Press Clause of the First Amendment in a historical and constitutional perspective, and considers both the core functions and the occasional excesses of the institutional press. President Trump is not the first chief executive to attack and challenge the institutional press. However, his attacks have been uniquely pervasive and public. The president’s “war” on the press has raised serious questions about the prospect for preserving a free and independent press. The chapter argues that despite its excesses, the institutional press is both necessary to a functioning democracy and, for a number of reasons, precariously positioned to fail.
The Public Forum
Authors: Zick Timothy 
Published: October 2019

Abstract
This chapter examines concerns relating to preserving access to public properties for the purpose of facilitating freedom of expression. Historically, speakers and groups have fought to obtain and preserve First Amendment rights to access and use what are referred to as “public forums”—places that the government owns or controls, but that are held in trust for the people for the purpose of exercising First Amendment rights. The “law and order” mantra of the Trump Era has revived concerns, dating in particular from the 1960s and 1970s, about preserving speakers’ access to public places including streets and parks. Government “law and order” policies and actions, along with various other access limits, raise concerns about the continued viability of the public forum. In addition, during the Trump Era, issues have arisen with regard to speakers’ access to places in the “modern public square,” including official social media sites. President Trump’s decision to block several critics from the comment portion of his Twitter page is only the most prominent example of this new access concern, which will affect dissenters’ ability to communicate with an increasing number of public officials. Preserving access to traditional and digital forums will be critical to maintaining a culture of dissent.
Dealing with “Hate Speech”
Authors: Zick Timothy 
Published: October 2019

Abstract
This chapter discusses the controversies over “hate speech” that have dogged President Trump’s early years in office. It provides a brief primer on the First Amendment doctrine relating to “hate speech,” under which derogatory expression is mostly considered protected speech. The chapter examines both the harms associated with “hate speech” and the principal justifications for protecting it. It criticizes the Trump administration’s handling of issues relating to “hate speech.” It also addresses the special problems associated with governmental “hate speech.” The chapter concludes with a consideration of the extent to which the government can use its own expressive powers to educate Americans about the need to preserve both freedom of speech and the security and equal dignity that “hate speech” undermines.
The Decision to Report
Authors: Tufford Lea 
Published: October 2019

Abstract
This chapter presents a mandatory reporting model outlining the decision-making factors within the context of reporting suspected child abuse and neglect. The chapter begins by examining the literature on decision-making and child maltreatment and then focuses on neurological and emotional aspects of decision-making. The chapter moves to delineating the empirical factors (legal, clinician, situational, professional, and relationship) associated with mandatory reporting and specific domains within each factor. A case example provides an illustration of the decision-making process in a mandatory reporting situation.
Strategies to Maintain the Relationship
Authors: Tufford Lea 
Published: October 2019

Abstract
Following the decision to report or not report child maltreatment, many mandatory reporters are concerned with maintaining the relationship with the family, and this concern is examined more extensively in this chapter. This chapter describes typical client feelings and reactions to a report of suspected child abuse and neglect as well as the potential impacts on the relationship. A comprehensive overview of strategies to maintain the relationship is covered, including engagement strategies, reporting strategies, information strategies, affect regulation strategies (for mandatory reporter and client), advocacy strategies, resource strategies, and strategies that take culture and ethnicity into account. At the conclusion of this chapter is a conceptual model outlining the reporting decision-making factors and the strategies to maintain the relationship.
Time and Brubeck Time
Authors: Crist Stephen A. 
Published: October 2019

Abstract
This chapter sketches some of the most important factors that led to the formation of the Dave Brubeck Quartet and its rise to fame in the 1950s. Brubeck’s interest in polyrhythms is traced back to his formative years in the 1930s and 1940s, including his work with two predecessors of the Quartet, the Dave Brubeck Octet and the Dave Brubeck Trio. After its formation in 1951, the Dave Brubeck Quartet achieved popular acclaim and signed a multiyear contract with Columbia Records in 1954. Shortly thereafter, Brubeck appeared on the cover of Time magazine. Around the same time, he recorded his first studio album for Columbia, Brubeck Time, whose title was purely a promotional tactic. The experimental meter signatures of Time Out were still five years in the future.
Creative Process II
Authors: Crist Stephen A. 
Published: October 2019

Abstract
Among Dave Brubeck’s personal audio recordings are about two dozen takes of “Take Five,” which preceded the full-length version on Time Out and the shorter single release version. This chapter discusses first the familiar versions from July 1959, and then considers how the Quartet’s efforts at the end of June paved the way for those iconic recordings. A surprising discovery from the original session recordings of “Kathy’s Waltz” and “Strange Meadow Lark” is that both cuts were spliced from supplemental takes. The recording history of “Everybody’s Jumpin’ ” includes the unexpected fact that a portion of the tune originated in 1950, nine years before the Time Out sessions. The chapter also examines the original recordings of “Three to Get Ready” and “Blue Rondo à la Turk,” as well as two tracks that shed light on the origins of “Pick Up Sticks.”
Metrical Experimentation
Authors: Crist Stephen A. 
Published: October 2019

Abstract
A fundamental characteristic of Dave Brubeck’s Time Out album is that it eschews common meter, which had long formed the temporal basis for jazz. This chapter takes stock of this central aspect of Time Out. A judicious appraisal of Brubeck’s work with unusual meters and rhythms must be informed by several considerations. First, by 1959 Brubeck had been interested in metrical experimentation for more than two decades. Second, Brubeck’s fascination with the temporal aspects of jazz continued in four additional albums during the 1960s. Finally, Brubeck’s enduring legacy rests on his unique ability to pursue this progressive musical agenda while simultaneously achieving broad popular appeal.
Time Marches On
Authors: Crist Stephen A. 
Published: October 2019

Abstract
This chapter first picks up and develops three strands in Dave Brubeck’s biography, which were introduced in the opening chapters of the book: the Quartet’s work with Leonard Bernstein and the New York Philharmonic, Brubeck’s involvement in issues of civil rights, and Dave and Iola Brubeck’s efforts to bring The Real Ambassadors to fruition. The balance of the chapter considers the early critical reception of Time Out, sketches the outlines of its four sequels (Time Further Out, Countdown: Time in Outer Space, Time Changes, and Time In), and examines the circumstances surrounding the dissolution of the Dave Brubeck Quartet in 1967.
The Sage of Königsberg
Authors: Kant Immanuel 
Published: October 2019

Abstract
Better than anyone, Kant recognized the power and authority of the moral law. On that foundation he constructed two variants of the moral argument. His argument from grace pertains to whether or not the moral life is possible. Morality requires us to achieve a stand too demanding to meet on our own. Divine assistance is needed to close the resulting gap. So rationality dictates that we postulate God’s existence. Kant’s argument from providence pertains to the aforementioned rational need for happiness and virtue to cohere. Full rational commitment to morality requires that morality is a rationally stable enterprise, which entails the ultimate correspondence between virtue and (both individual and corporate) fulfillment. Without God’s existence there’s no particularly good reason to think such correspondence obtains. So rationality dictates the postulation of God’s existence.
A Contentious, Contemplative Cardinal
Authors: Newman John Henry 
Published: October 2019

Abstract
John Henry Newman exemplified the fact that the history of apologetics is very much a story about epistemology, a theme that will recur throughout this book. His rich epistemological insights served as the foundation of his moral argument. His broad epistemology and expansive empiricism recognized that we’re more than narrow logic choppers. He likened the quest for truth to a vaulted ceiling that ingeniously throws its weight in a variety of directions. We gradually come to the conclusions we do through a complicated process of considering a great number of evidences, not just through tight discursive analyses. The phenomenology of conscience, in particular, he thought, can prove telling as we have direct experience of One to whom we’re responsible, before whom we’re ashamed, whose claims on us we fear, making possible what he called a real assent and a sense of deep assurance.
The Theo-Philosopher of Carlisle
Authors: Rashdall Hastings 
Published: October 2019

Abstract
Hastings Rashdall critiqued Henry Sidgwick’s inability to see that rational benevolence has primacy over rational self-love, so while recognizing the dualism of practical reason, Rashdall underscored the strength of at least certain versions of theism to account for the priority of benevolence and altruism. As both a moral apologist and kind of utilitarian, Rashdall also demonstrated that agreement on normative ethical matters is not a prerequisite for proponents of the moral argument. What’s needed more centrally is an essential dependence relation of morality on God, not agreement on the peripheral matter of fine-grained normative analysis. Rashdall argued that a generous empiricism won’t domesticate morality but will instead insist on allowing the deliverances of morality, the binding nature of the moral law, and the transcendent implications and aspirations of the moral good to inform his metaphysics. Like others, he thought the moral argument works best when combined with other pieces of natural theology.
The Gregarious Aristocrat
Authors: de Burgh W. G. 
Published: October 2019

Abstract
For W. G. de Burgh moral evidence doesn’t entail theism but does incline toward it. Such evidence includes both goodness and rightness, and de Burgh endorsed a cumulative case for God’s existence. He thought it took Kant’s work on obligations to give the moral argument its teeth and momentum. Consciousness of moral obligations implies the reality of a moral order, which then implies God as its author and sustainer. Likewise with moral values, which are better explained by a personal God than by an impersonal Platonic realm. When it came to God’s love, he departed from the tradition of analogical predication, thinking it inadequate for a full appreciation of the Incarnation. He also argued that divine holiness without divine love would call into question God’s goodness.
Introduction
Authors: Cohen Julie E. 
Published: October 2019

Abstract
This introductory chapter provides an overview of the interlinked themes of political economy, governmentality, and institutional configuration that the book will explore. It begins with a brief exploration of the roles that networked information technologies and law play in relation to economic and political power: through their capacities to authorize, channel, and modulate information flows and behavior patterns, code and law mediate between truth and power. It then briefly sketches the ongoing and interrelated transformations in political economy and political ideology (or governmentality) that are now underway. Finally, it returns to law, situating legal institutions within processes of economic and ideological transformation.
The Biopolitical Public Domain
Authors: Cohen Julie E. 
Published: October 2019

Abstract
This chapter explores the emergence of a new factor of production in the informational economy—data flows relating to people and their activities—and identifies the legal construct that facilitates contemporary practices of personal data extraction and processing. The idea of a public domain of personal data has two interrelated effects. First, it constitutes personal data as available and potentially valuable, thereby supporting the reorganization of sociotechnical activity in ways directed toward extraction and appropriation. Second, it constitutes the personal data harvested within networked information environments as raw, thereby underwriting narratives of legal privilege that attach to the processing of personal data processing on an industrial scale and to the outputs of such operations.
Conclusion
Authors: Cohen Julie E. 
Published: October 2019

Abstract
This book has explored the gradual and contested emergence of legal institutions adapted to the informational economy. It has considered changes in patterns of entitlement and disentitlement and in the structure and operation of regulatory and governance institutions. The conclusion offers a brief reflection on the ways that transformations in political economy shape the horizons of possibility for Polanyian protective countermovements and on the durability of such countermovements. It observes that countermovements are temporary, inevitably inviting new strategies for evasion, capture, co-optation, and arbitrage, but that they also create the possibility for real, incremental improvement—and occasionally even for transformative improvement.
The Origins of a Solution
Authors: Laderman Charlie 
Published: October 2019

Abstract
This chapter provides a background to the United States’ public and political engagement with the 1894–1896 Armenian massacres. It explores why the US Congress took the path-breaking step of adopting a joint resolution advocating diplomatic action, rather than just temporary relief, to address the humanitarian crisis, and traces the debate that arose within the US government over how it could legitimately respond to the massacres. It examines the relationship between American engagement in the Armenian question and calls for intervention in Cuba in 1898. And it also explains why the 1894–1896 Hamidian massacres led to the first discussion of a joint Anglo-American intervention in the Near East and the first suggestion of a possible American solution to the Armenian question.
The Boundaries of Constitutional Amendment
Authors: Albert Richard 
Published: October 2019

Abstract
Some constitutional amendments are not amendments at all. They are self-conscious efforts to repudiate the essential characteristics of the constitution and to destroy its foundations. They dismantle the basic structure of the constitution while at the same time building a new foundation rooted in principles contrary to the old. Changes on this scale are not properly called constitutional amendments. They are better understood as constitutional dismemberments. A constitutional dismemberment is incompatible with the existing framework of the constitution. It intends deliberately to disassemble one or more of the constitution’s elemental parts by altering a fundamental right, an important structural design, or a core aspect of the identity of the constitution. To use a rough shorthand, the purpose and effect of a constitutional dismemberment are the same: to unmake the constitution. But what, then, is a constitutional amendment? This chapter explains that there are four fundamental features to a constitutional amendment: its subject, authority, scope, and purpose. The most important feature of an amendment is its scope, which at all times must not exceed the boundaries of the existing constitution. This chapter therefore defines a constitutional amendment in terms of what it is and what it is not, with illustrations drawn from around the globe. This chapter considers constitutions from Barbados, Belize, Brazil, Canada, Dominica, Guyana, Ireland, Italy, Jamaica, Japan, New Zealand, and the United States.
Introduction
Authors: Avila Jacqueline 
Published: October 2019

Abstract
This chapter discusses the present state of research on music in Mexican cinema and why a study is so important. Building on frameworks of nationalism and cultural identity in Mexico the author utilizes the concept of “cultural synchresis,” which draws upon sound theorist Michel Chion’s model of synchresis—the combination of synchronism and synthesis that arises when an auditory phenomenon and a visual phenomenon occur at the same time. Using this model, the author investigates how repetitions of film—as bodies of music, the moving image, and narrative working in tandem—molded diverse codes of national identity construction aimed and recognized by urban audiences. This juxtaposition of the narrative, moving image (which encompasses the costuming, setting, lighting, etc.), and sound (which includes diegetic and non-diegetic music and sound design) produced encoded messages representing specific interpretations of Mexicanidad (the cultural identity of the Mexican people) that impacted collective memory.
The Sounds of Indigenismo
Authors: Avila Jacqueline 
Published: October 2019

Abstract
Chapter 3 discusses the problematic fictional indigenista film genre. Falling under the political ideology of indigenismo—discourses advocating for the social and economic integration of indigenous populations at the beginning of the twentieth century—the intended goal of the film genre was to introduce the “indigenous experience” to urban, mestizo audiences. Cinema held a unique position in this construction, but presented contradictory messages: it neither fully promoted nor totally negated integrationist procedures through the cinematic constructions of indigenous cultures. Within these representations, music played a crucial role in not just providing adequate changes in atmosphere but also in sonically depicting the indigenous experience. The chapter focuses on two films, Janitzio (1935) and María Candelaria (1944). These films both enforce exoticist representations that moved against integrationist discourses. While the cinematic interpretations indicate that modern society attempted to integrate these communities, the exoticist aural and visual representations of these communities amplified their Otherness.