bluuebunny/crossref_metadata_2025_split huggingface dataset:
American Search and Seizure, 1776–1787: The Years of Paradox
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter shows that between 1776 and 1787, the American law of search and seizure underwent a transformation that separated it from British law. The most obvious mark of that transformation was the written constitutional acknowledgement of a right respecting search and seizure by most of the new states.
The Formation and Original Meaning of the Fourth Amendment, 1787–1791
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter discusses the development of the Fourth Amendment. Between 1787 and 1791, the interaction of political expediency and a centuries-old legacy against unreasonable search and seizure deposited not only a federal right but a right of unprecedented compass. The Fourth Amendment and its predecessors in the state constitutions shared many words and phrases, but the amendment incorporated the richer conception of unreasonable search and seizure that had evolved since 1782.
The Power and Purpose of International Law
Authors: O'Connell Mary Ellen 
Published: January 2009

Abstract
International law supports order in the world and the attainment of humanity's fundamental goals of advancing peace, prosperity, human rights, and environmental protection. Yet, there have been voices for centuries attacking international law in order to promote the dominance or hegemony of a single nation. After 9/11, such advocates succeeded in getting America's leaders to invade Iraq, establish Guantanamo Bay and black sites, use waterboarding and other forms of torture and coercion during interrogation, and execute individuals in defiance of the International Court of Justice. This book reveals that to be persuasive, opponents of international law have misrepresented what international law is and how it works. Anti-international law voices have presented international law as powerless and unworthy of respect. To clear away the myths, the book draws on new developments in natural law, positive law, and process theory. The resulting new classical theory demonstrates that international law's power or authority is explained by the same theory that explains the authority of law within nations. International law has authority because it is widely accepted as law. Part of the evidence of that acceptance is found in the fact international law has forceful means of enforcement — armed force, sanctions, countermeasures, and courts. The book provides many examples of international law in action — the real international law with the power to support the interest of all humanity.
Collective Armed Measures
Authors: O'Connell Mary Ellen 
Published: January 2009

Abstract
States acting under the authority of the UN Security Council have greater scope to use armed force to enforce international law than states acting without authorization. The Council has the power to order uses of force in cases of threats to the peace, as well as actual breaches of the peace. The 2005 World Summit Outcome recognizes that threats to the peace may include situations of serious human rights violations. Uses of force authorized by the Council are also regulated under the general principles of necessity and proportionality. Australia's use of force in East Timor in 2000 complied with these rules; NATO's use of force in 1999 in the Kosovo Crisis did not.
Collective Countermeasures
Authors: O'Connell Mary Ellen 
Published: January 2009

Abstract
International organizations or other established groups of states also take countermeasures in response to international law violations. One category of such measures is to enforce the rules of the organization or group — such as International Monetary Fund measures against borrowers that fail to repay. Collections of states also take measures to enforce general international law. These measures are commonly termed “sanctions”. Sanctions are a general-purpose law enforcement tool. They must be proportional in the circumstances and may require Security Council authorization. In the case of human rights, however, collective action short of significant armed force may be lawful today.
Learning to be Capitalists
Authors: Kim Annette Miae 
Published: January 2009

AbstractWhy have some countries been able to escape the usual dead end of international development efforts and build explosively growing capitalist economies? Based on years of fieldwork, this book provides an account of the first generation of entrepreneurs in Vietnam in comparison to those in other transition countries. Focusing on the emergence of private land development firms in Ho Chi Minh City, this book shows how within seven years the private sector produced the majority of all new houses in the real estate market. This book demonstrates that capitalist entrepreneurialism was not the result of state initiative, properly incentivized policies, or individual personality traits. Rather, a society-wide reconstruction of cognitive paradigms enabled entrepreneurs to emerge and transform Vietnam from a poor, centrally planned economy into one of the fastest growing, market economies in the world.
Comparisons with Other Transition Economies
Authors: Kim Annette Miae 
Published: January 2009

AbstractThis chapter extends social cognition theory by applying it to other transition cases. While Ho Chi Minh City changed rapidly, Hanoi did not. It uses real estate market data to show how the political economy interests in Hanoi that prevented the formation of private firms existed not only in bureaus and policies, but in the cognitive structures of the local population which inhibited new economic behaviors and institutions from emerging informally. It then turns to examine the emergence of private land development firms in Warsaw, Poland, which supposedly transitioned quickly because of the correct economic policies it pursued. The chapter shows the striking similarities with how the firms in Ho Chi Minh City created institutional arrangements that flouted idealized business transactions as well as how social structures lead to their different pathways to capitalism. It then makes some comparative observations of the extensive Chinese urban transition literature to locate the major similarities and differences in their transitions. The chapter concludes with the generalizable lesson that in each of these cases, social cognitive changes were needed to enable the material transfer of land for private development that undergird the transition to capitalist economies.
Clonality within the Individual
Authors: Avise John C. 
Published: January 2009

AbstractAlthough clonality is often discussed in reference to whole organisms, the phenomenon also applies to (and is underlain by) genetic processes operating within each individual. All forms of clonal reproduction begin with the faithful replication of genetic material. This chapter discusses the clonal propagation of nucleic acids (via DNA replication) and of entire nuclear genomes and chromosome sets (via mitosis) in populations of somatic cells. It also describes how mitochondrial genomes, as well as particular kinds of sex chromosomes, provide special examples of genetic systems that abstain from recombination. The net result of such micro-asexual processes is a multicellular individual, which can thus be viewed as a tightly knit colony of clonemate cells.
Sexuality: The Antithesis of Clonality
Authors: Avise John C. 
Published: January 2009

AbstractSexual reproduction is the antithesis of clonality because genes that are faithfully copied during asexual replication are genetically scrambled (recombined) during the sexual processes of meiosis and fertilization. Sex has long been an evolutionary enigma because it appears at face value to entail several fitness costs and risks in the short term whereas its potential benefits would seem to be rather diffuse and postponed. This chapter reviews the diverse explanations for recombinational sex, ranging from the level of molecular genetics to the echelons of short-term ecology and long-term evolution. It thus sets the stage for the book's extended thesis that any attempt to understand the adaptive significance of sex is likely to be facilitated by analyzing clonal systems, and vice versa.
Reproduction by the Chaste: Parthenogenesis
Authors: Avise John C. 
Published: January 2009

AbstractVirgins can indeed give birth, and not only in Greek mythology. In biology, the word partheno appended by genesis (meaning origin) describes the clonal process by which a female procreates without assistance from males. She does so by producing special eggs cells that require no sperm or fertilization before initiating the development of offspring who, in most cases, are genetically identical to their virgin mother. This phenomenon exists in nature as a constitutive reproductive mode in several unisexual (all-female) “species” of reptile, and sporadically in several additional groups. This chapter describes all known cases of parthenogenesis in vertebrate animals, and includes details about cellular and genetic mechanisms, evolutionary origins and durations, and potential ecological or adaptive significance.
2 Prophets in America circa 1830: Ralph Waldo Emerson, Nat Turner, Joseph Smith
Authors: Brodhead Richard H. 
Published: January 2009

Abstract
This chapter finds that by contextualizing Smith's history as prophetic autobiography alongside Nat Turner's, uncannily similar aspects emerge. As a result, what the chapter calls a history of prophetism takes shape that delineates some of the forms and tragic consequences of prophetic self-assertion. The implications may be translatable across a spectrum of times and cultures.
4 “I Love All Men Who Dive”: Herman Melville and Joseph Smith
Authors: Rust Richard Dilworth 
Published: January 2009

Abstract
This chapter illuminates Smith's religious-making imagination by juxtaposing him with America's greatest myth-making novelist of the 19th century, Herman Melville. Melville revealed a recurrent interest in things Mormon, and the most telling preoccupation that unites them, the chapter finds, is not so much the heights they achieved as successful creators of epic systems, as the depths they plumb as thought-divers, exploring the darkest abysses of human experience and of the tragic universe.
8 Joseph Smith: Prophecy, Process, and Plenitude
Authors: Givens Terryl L. 
Published: January 2009

Abstract
This chapter connects Joseph Smith's religion-making, in both its scope and its method, to the intellectual revolution called Romanticism. Like all intellectual revolutionaries of that era from Malthus to Marx to Darwin, Joseph Smith rearticulated the fundamental vision of his field of influence in terms of contestation, struggle, and dynamism. His collapse of sacred distance, rupturing of the canon, doctrines of pre-existence and theosis, and gestures toward a comprehensive, scriptural Ur-Text—all betoken an emphasis on process over product, and a precarious tension between the searching and certainty that characterized both his personality and the faith he founded.
10 Seeking the Face of the Lord: Joseph Smith and the First Temple Tradition
Authors: Barker Margaret , Christensen Kevin 
Published: January 2009

Abstract
This chapter comes to Mormonism as something only tangentially related to this chapter's author's own work in radically reformulating our understanding of ancient Jewish religion. The author of this chapter has elsewhere assessed the Book of Mormon in the context of pre-exilic Israelite religion. Here, that interest is extended here by considering the temple world view of early Israel before the reforms of King Josiah. Noting the primacy of this same temple-dominated vision in the prophetic career of Joseph Smith, the first part of this chapter concentrates on that subject. From his translation of the Book of Mormon through the corpus of his own visions, Joseph established continuity with the Bible as text and Jerusalem as sacred space. Equally important is the pattern in Joseph Smith of both chronicling sacred theophanies and urging their possibility in contemporary religious practice. That is why it has been argued that Joseph Smith's restoration converges on the key time, place, institutions, and issues involved in this chapter's reconstruction.
Falling in Love
Authors: Pauwels Heidi R. M. 
Published: January 2009

Abstract
Chapter 1 compares Sita's falling in love with Rama in the Flower Garden (Phulvari) with Radha and the Gopis’ falling in love with Krishna when he steals their clothes while they are bathing (Vastraharana). The comparative analysis of classical, medieval devotional, and contemporary television and film versions shows two marked trends. A first one regards the goddess and her status. Both medieval and contemporary portrayals show Sita and Radha as worshiping the Great Goddess and as subservient to the men with whom they fall in love. This very subservience is the basis for their exaltation as goddesses in their own right. The second trend regards the message sent to women about pre‐marital romance, which is not more liberal over time. There is instead a marked concern with embedding love within the bounds of conventional morality. In the process, Sita and Radha come to resemble each other more and more. Movies discussed are Hum aapke hain koun..!, Sholay, and Sangam.
Arranging a Love Marriage
Authors: Pauwels Heidi R. M. 
Published: January 2009

Abstract
Chapter 2 traces how divine marriages are arranged in classical, medieval and televised versions of the stories, and how such scenarios are echoed in popular movies. Sītā's Svayamvara is contrasted with Krishna's first consort, Rukmini's elopement. Notwithstanding the name, Sītā's Svayamvara is not really a self‐choice marriage in any of the sources. The television version is most emphatic in stressing that it is not personal feelings but rather considerations of family that should prevail in arranging a marriage. The movies nearly unequivocally follow suit. Rukmini's elopement scenario seems viable to some extent in the classical version, though it comes at a substantial cost for the woman who has to break all bonds with her parental kin. The medieval version downplays that cost. The televised version does not dwell on this either, and it pays lip service to the priority of women's choice in arranging the marriage, but gives her little voice. By contrast, the films of the nineties are emphatic in denying the validity of elopement. Whatever the divine models may say, in films parental authority keeps love in check. Movies discussed are Hum aapke hain koun..!, Maine Pyar kiya, Dilwale Dulhania Le Jayenge, Dulhan hum le jayenge, Pardes, and Ram teri Ganga maili.
In Good Days and Bad Days
Authors: Pauwels Heidi R. M. 
Published: January 2009

Abstract
Chapter 4 focuses on how women should cope with a hardship crisis in their marriage. It studies Sita's resolve to leave purdah and follow Rama in his exile, comparing with the Gopis’ leaving their domestic safety to join Krishna in the forest to dance the Rasa‐lila. In both cases, while the men are originally reluctant to let the women join them, the women argue that their love overrides concerns of dharma, and they win the argument. However, the liberating potential of these examples is mitigated by the televised series’ concerns to keep the women within maryada, notwithstanding their rhetoric. Thus, Ramanand Sagar's Sita's choice is portrayed as one of identification with her husband and foregoing the easy option of returning to her paternal home. In Shri Krishna the Gopis undergo a fire‐ordeal (Agnipariksha) to prove their credentials, a scenario that plays out again and again in popular movies. Movies discussed are Yahi hai zindagi, Hum aapke hain koun..!, Meera ka Mohan and Lagaan.
Consuming Traditions
Authors: Outka Elizabeth 
Published: January 2009

AbstractThis book investigates a critically important development in the history of modernity: the unprecedented marketing of various forms of authenticity in late 19th and early 20th-century Britain. The selling of objects and places allegedly free of commercial taint—what the book terms the “commodified authentic”—marks a crucial but overlooked turn in modern culture and offers a new way to understand literary modernism and its complex negotiation of tradition and novelty. Writers, marketers, town planners, and architects simultaneously began to draw on the commodified authentic in creating novels, houses, model communities, and commercial displays. The book examines how, in these disparate works, new objects and places were packaged as mini-representations of theoretically noncommercial values; the book explores nostalgic versions of the commodified authentic (such as evocations of an authentic rural past); originary versions (such as appeals to an original, genuine article); and aesthetic versions (involving images of a purified aesthetic free from any taint of the mass market). The chapters draw on literary, commercial, and architectural examples, considering two significant clusters of activity in differing locations. The first cluster (part I, “Commodified Nostalgia and the Country Aesthetic”) focuses on the country, investigating how both rural villages and houses—well-established repositories of authentic meaning—became new sites for intense commercialization that were explicitly produced through modern industry and factory work. The second cluster (part II, “Urban Authenticities”) shifts the focus to the city, arguing that authenticity-often considered antithetical to the urban setting-was translated into malleable images developed within urban spaces. The simultaneous moves to create “authentic” spaces or objects that were supposedly outside the marketplace and also to embrace commerce as the best way to make such spaces and objects controllable and accessible in fact represented a powerful way to balance the contradictions of modernity, as well as an innovative tool to sustain the paradoxes of literary modernism.
The Past Is a Present Country
Authors: Outka Elizabeth 
Published: January 2009

AbstractThis chapter explores the revolutions in town planning and community design that were inspired by the creation of model factory towns at the turn of the century, as well as by the rapid development of the Garden City Movement. While novel in many respects, model towns such as Bournville and Port Sunlight, and Garden Cities such as Letchworth, presented the illusion of an older economic and cultural time, showing a commitment to past designs that were meant to correct some of the excesses of the industrial age. What set these places apart from earlier efforts was their deliberate reliance on the modern factory system to support the nostalgic country vision, and the emerging ways this vision was marketed as a way to sell products from chocolate to soap. Such efforts received enormous publicity and captured the imagination of many, including Bernard Shaw. In his plays John Bull’s Other Island and Major Barbara, Shaw became the most incisive critic of the new town planning schemes, but also, in ways the chapter examines, their surprising champion. Through analysis of both the literary and the literal model towns, the chapter investigates how long-static visions of the country and the city were united into appealing new hybrids, and industry itself, rather than being the villain, was recast as the provider of new pleasures.
Buying Time
Authors: Outka Elizabeth 
Published: January 2009

AbstractThis chapter turns from the model communities discussed in the previous chapter to the individual country dwelling, analyzing a cluster of efforts to unite modern commercial ventures to the production of the “authentic” home. The chapter explores new developments in domestic architecture (most notably in the homes designed by the architect Edwin Lutyens), the launch of the Daily Mail’s Ideal Home Exhibition, and E. M. Forster’s contradictory approaches to authentic country dwellings in Howards End. Promoting the “neo-nostalgic home” became central to literary and commercial efforts to market and manipulate time. All these efforts-though in different arenas-imagined new ways that commercial ventures might sustain nostalgic visions within the individual dwelling, and considered together, they reveal how the idea of “home” was suddenly not a given or fixed quality but something that could be deliberately and carefully constructed.
The Vanishing Act of Commercialism
Authors: Outka Elizabeth 
Published: January 2009

AbstractThis chapter argues that modernity in Britain was shaped in part by an explosion of department store efforts to sell authenticity through advertising and interior design. The chapter focuses on the revolutionary changes in marketing inaugurated by Selfridges department store when it opened in 1909. The store offered an unprecedented setting for authentic performance and provided its customers a complete education in creating and maintaining different kinds of authentic goods and spaces. In its advertisements, displays, and interior and exterior design, Selfridges worked to redefine shopping by systematically erasing distinctions between commerce and areas most Londoners would have assumed were separate from commercial concerns. The chapter is bookended by new readings of works by Henry James (“The Great Good Place”) and H. G. Wells (Tono-Bungay), exploring how these authors exemplify two central critical responses to commercial strategies that seek to market a noncommercial aura.
Conclusion
Authors: Outka Elizabeth 
Published: January 2009

AbstractThe conclusion argues that the history and development of the commodified authentic are key to understanding later works of high modernism, as well as our contemporary moment, with its strangely hybridized blend of nostalgia and modernity. The chapter investigates how the commodified authentic became a critical modernist tool, analyzing key moments concerning advertising, authenticity, and shopping in works by D. H. Lawrence (Women in Love), James Joyce (Ulysses), and Virginia Woolf (To the Lighthouse). The chapter concludes by exploring how the commodified authentic remains a powerful marketing technique and cultural strategy.
Thoughts on the Chicago Legacy in U.S. Antitrust
Authors: Schmalensee Richard 
Published: January 2009

Abstract
This paper argues that the victories and even the losses of the Chicago School as constructive, because the losses stimulated more rigorous thinking. It revisits the theoretical battles of the 1950s and 1960s, and demonstrates how conservative economic analysis called a halt to some questionable initiatives such as deconcentration of major industries as a result of “no-fault” monopoly enforcement, preference for small businesses for the sake of their smallness, and disregard of the value of efficiencies in various transactions, even holding efficiencies against the legality of a transaction.
Some Practical Thoughts About Entry
Authors: Stelzer Irwin M. 
Published: January 2009

Abstract
This paper characterizes the conservative view as follows: it looks at antitrust as inefficient, contributing unwisely to an excess of government regulation, and unnecessary because market power is transient and only economic analysis (i.e., efficiency) matters. It then examines various kinds of anticompetitive behavior, particularly low or “predatory” prices by a dominant firm, from an unusual and perhaps unique point of view. Conservative analysis argues that if there is ease of entry, there is no problem that antitrust needs to address. If the wrongdoer tries to raise prices or curtail output, it will be swamped, so the argument goes, by new entry. The paper asks what a venture capitalist would consider before supporting efforts of a smaller challenger to enter a dominant firm's market. If the entrenched dominant incumbent can rely on a variety of coercion and intimidation tactics, as conservatives seem to allow, venture capitalists will often not support the challenger. As a result, the goal of protecting a free market to provide a fair and open opportunity to all comers will not be served. To achieve that goal, the antitrust laws must be vigorously enforced — that is not the state of affairs today.