bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Discuss List: Agenda Building in the Supreme Court
Authors: Caldeira Gregory A. , Wright John R. 
Published: June 2006

Each term 4,000 or more cases arrive at the doorstep of the Clerk of the Supreme Court of the United States. The Court narrows the field of decision from all possible choices to a smaller set of the most plausible ones; in a typical term, the Conference places 20 to 30 percent (around 500) of the cases filed on its “discuss list,” only 150 or so of which will be selected for plenary review. Here we investigate the composition, sources, and implications of the Court's discuss list. What criteria do the justices use in creating the list of cases for discussion in conference? Do these criteria differ from those ultimately applied in the decision to grant or deny a writ of certiorari? What, if any, implications does the operation of the discuss list hold for the composition of the agenda and the outcome of decisions on the merits in the Supreme Court?We test two chief sets of hypotheses: (1) the justices weigh the various formal and informal criteria differently across the two stages of agenda building, and (2) despite differences in weighting, the justices rely on briefs amicus curiae as well as ideological predispositions to help them both to identify logical candidates for discussion and to decide whether to grant certiorari. We explain the variation in the weighting of the criteria as being largely due to the cost and accuracy of information and the different risk of errors during the two phases of choice.
Law, Land, and the Natural Environment in the Kedungombo Greenbelt Area at the Central Javanese Village of Giliredjo
Authors: Rajagukguk Erman 
Published: June 2006

After a dam was built in Central Java, Indonesia, farmers who elected to move to higher ground rather than resettle in a another region remain poor and practice agricultural techniques that promote soil erosion. Due to population pressure and the lack of arable land, displaced villagers are cultivating greenbelt areas and tidal lands around the reservoir, encouraged by the government, which granted them oral permission to do so in order to calm unrest generated by farmers' complaints over the meager monetary compensation they received for lands flooded by the dam. Although the government requires farmers to plant tree crops, villagers are also planting annual crops to meet daily food needs, thus promoting erosion and rapid silting of the reservoir.Mbesuk ing rejaning zaman yen ono iwak bader mangan manggar iku pratanda tlatah kene bakal antuk kemakmuran(Tomorrow, in modern times, when the bader fish eats coconut flowers, that is a sign that prosperity will come to this area)
Modelling of Floating-Slab Track with Discontinuous Slab
Authors: Hussein M. F. M. , Hunt H. E. M. 
Published: June 2006

This paper presents three different methods for modelling a track with discontinuous slab under oscillating moving loads. These are the Fourier-Repeating-unit method, the Periodic-Fourier method and the Modified-phase method. The first two methods, borrowed from the literature of periodic infinite structures, are accurate if careful consideration is taken when performing numerical integrations. The third method, not presented elsewhere before, is faster and simpler; it is only valid for velocities of moving loads lower than the critical velocity of the track, but this “velocity effect” is of no consequence for underground railways. Discontinuity of slab provides a parametric excitation for moving loads over floating-slab tracks. It is shown that in the frequency range of ground-borne vibration, more vibration propagates form such tracks at resonance frequencies of the slabs, compared with tracks with continuous slabs. It is found that the velocity effect is insignificant when calculating displacements of a typical floating-slab track under oscillating moving loads with velocities less than 100km/hr. However, a correction has to be made to account for the right phase between the input force and the output displacement.
Shakespeare, Performance, and Autobiographical Interventions
Authors: Huang Alexander C. Y. (Alexander Cheng-Yuan) 
Published: June 2006

How do our contemporary directors and actors react to Shakespeare's global reputation while trying to put themselves on the map at the same time? This article addresses the concept of global and 'worldly' Shakespeare through the concept of small-time Shakespeare and autobiographical performance. In a departure from the typical critical focus on cultural and national appropriations, or 'big-time Shakespeare,' the essay's line of inquiry follows the personal, local, and individual engagements of Shakespeare's plays that reaffirm local reading positions. Using as a case study Wu Hsing-kuo's solo adaptation of King Lear, Lear is Here - part of a trend in Asian adaptations of Shakespeare that are informed by performative autobiographies - the article considers the extent to which Shakespeare may be linked to the autobiographical mode of interpretation: how an actor's performative, autobiographical readings might contribute to the epistemological formations of 'Shakespeare' and adjust the storied biographies of the actor and Shakespeare's characters on- and offstage. Analysing Wu's adaptation from the perspective of the auto/biographical aspects of stage performance - an area largely underexplored in performance studies - illuminates how the production posits the possibility of apolitical Shakespearean appropriation in a postcolonial and globalized Asia, while foregrounding the relationship between performative subjectivity and literary universalism. While not aiming to generate a typology, the article ultimately seeks to take a step towards a theory of autobiographical interventions in Shakespearean performance, demonstrating how Shakespeare's universality may also be localized by directors' willingness to create new hybrids of dramatic spectacle by combining the personal with the fictional.
Sequential Tests in Industrial Statistics
Authors: Barnard G. A. 
Published: June 2006

Summary
After an introductory and an historical note, an elementary problem of simple qualitative inspection of a box of components is treated by using a “lattice diagram representation.” This leads to the consideration of sequential tests for such cases. Procedures for determining “Target-Handicap” forms of inspection, and their operating and sample size properties are given.
This leads to a consideration of general linear sequential tests, which are those test procedures which can be formulated in terms of a “score.” Such procedures are shown to be similar to classical games of chance, and to physical diffusion processes. The diffusion analogy leads to a differential equation which gives the approximate characteristics of any such linear test.
In many cases, Wald’s “Probability Ratio Sequential Test” takes the form of a linear test. The conditions for this are determined. The P.R.S. test is seen to be “best possible linear test,” in the sense of minimizing average sample size. The effects of deviations from normality, and general distributions are considered.
Reference is made to Wald’s work on tests which involve parameters other than those being estimated, and then consideration is restricted to tests for the mean of normal populations where the variance is unknown. Methods of reducing such tests to simple binomial tests are indicated.
A number of procedures for use with 2 × 2 comparative trials, and double dichotomies, are given, and their properties discussed.
Returning to general inspection problems, the paper indicates that these are not always to be identified with problems involving merely tests of statistical hypotheses. The notions of Consumer’s Lot, Producer’s Batch, the Lot Quality Curve, the Process Curve, are explained, and their importance indicated. A distinction is made between Acceptance Inspection schemes and Rectifying Inspection schemes, and the notions of Operating Characteristic Curve, Operating Characteristic Matrix, and the Sample Size distribution function are explained.
The lattice diagram is used to bring out relationships between notions involved in general inspection, and some other uses are also indicated.
Finally, some reflections on the relevance of the matters discussed to matters of current debate among statisticians are given.
Citizen Interviews, Organizational Feedback, and Police-Community Relations Decisions
Authors: Bordua David J. , Tifft Larry L. 
Published: June 2006

Police-community relations programs are intended to be long-range, full-scale efforts to acquaint the police and the community with each other's problems and to stimulate action aimed at solving problems; they have been criticized, however, as being concerned mainly with raising the professional image of the police in the minds of the public (President's Commission, 1967a: 100). In some ways, they seem to have functioned to slow down change and to maintain present police policies and practices.The President's Commission on Law Enforcement and Administration of Justice (1967b: 178) has indicated that some of these policies and practices cannot be justified. The National Advisory Commission on Civil Disorders (1968: 158) comments that some activities of even the most “professional” police departments may heighten tension and enhance the potential for civil disorder.
Complexity and Contradiction in the Legal Order: Balbus and the Challenge of Critical Social Thought About Law
Authors: Trubek David M. 
Published: June 2006

We reach, then, not a simple conclusion (law = class power) but a complex and contradictory one. On the one hand, it is true that the law did mediate class relations to the advantage of the rulers; not only is this so, but … the law became a superb instrument by which these rulers were able to impose new definitions of property to their even greater advantage. … On the other hand, the law mediated these class relations through legal forms, which imposed, again and again, inhibitions upon the actions of the rulers. [Thompson, 1975:264]As always in social life, the heart of the mystery lies in the relationship between the struggle for power and the beliefs people hold about what is good for them and what they are capable of achieving. That relationship is the cave into which we must follow the enigma. [Unger, 1976b:242]
The Legislation of Crime and Delinquency: A Review of Theory, Method, and Research
Authors: Hagan John 
Published: June 2006

Nearly all of us will agree that “one case does not make a sample.” Nonetheless, there is a tendency to disregard this advice when it comes to studying the historical origins of laws concerning crime and delinquency. This is understandable since it is generally acknowledged that the micro- and macro-level processes surrounding the origins of many such laws are so complex that they can only be examined case by case (e.g., Hall, 1952; Chambliss, 1964). But such an approach creates problems: although any single case study is clearly inadequate to support generalizations, strong theoretical inferences frequently are drawn, often violating the constraints adopted with more conventional data. This essay reviews a number of North American case studies in an attempt to clarify the theoretical and methodological limitations, prospects, and findings of the literature on criminal lawmaking.I introduce this review by contrasting the two principal theoretical perspectives that guide such studies. I then discuss problems of evidence related to these rival theories, using an analysis of the origins of theft laws as my example. Following this, I review a large number of empirical studies concerned with the origin of laws that I have grouped into three categories: (i) delinquency and probation; (ii) alcohol and drug abuse; and (iii) prostitution and sexual psychopathy. Finally, I examine the implications of these and other legislative studies for future work in this important area of research.
The Soviet Criminal Correction System: Change and Stability
Authors: Connor Walter D. 
Published: June 2006

The publication in July, 1969, of the “Principles of Corrective-Labor Legislation of the USSR and the Union Republics” was notable for a lack of fanfare. This was in itself not surprising, since in the area of corrective-labor law, even since the death of Stalin, unpublished statutes have been the main guides for the operation of corrective-labor colonies and prisons. The old corrective-labor codes of the union republics, while still legally in force, had admittedly lost any real legal power.While the new Principles came upon the scene with little advance announcement, this fact should not obscure the more important one that “reform,” clarification, and codification have been on the minds of Soviet jurists for the preceding thirteen years — years which have seen the promulgation of two successive statutes (polozheniia) to guide the operation of the corrective-labor system in the RSFSR but, until 1969, little by way of publication or systematization of new provisions.
Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change
Authors: Galanter Marc 
Published: June 2006

This essay attempts to discern some of the general features of a legal system like the American by drawing on (and rearranging) commonplaces and less than systematic gleanings from the literature. The speculative and tentative nature of the assertions here will be apparent and is acknowledged here wholesale to spare myself and the reader repeated disclaimers.I would like to try to put forward some conjectures about the way in which the basic architecture of the legal system creates and limits the possibilities of using the system ;as a means of redistributive (that is, systemically equalizing) change. Our question, specifically, is, under what conditions can Iitigation be redistributive, taking litigation in the broadest sense of the presentation of claims to be decided by courts (or court-like agencies) and the whole penumbra of threats, feints, and so forth, surrounding such presentation.
Ghetto Residents and Urban Politics
Authors: Lindquist John H. , Barresi Charles M. 
Published: June 2006

One of the traditional themes running through the literature on urban renewal is that the residents of urban renewal areas are universally opposed to being relocated. Relocation is described as being destructive of community subcultures which provide a viable social milieu for the residents. It is argued that the term “slum,” denoting a disorganized social structure and apathy on the part of the residents, is a misnomer (Gans, 1962; Jacobs, 1961; Glaser, 1968). Urban renewal areas, it is said, represent unified neighborhoods for some ethnic groups, though not for all (Gans, 1965: 30-31). Among the most eloquent spokesmen for this point of view have been those who researched and made famous Boston's West End. Thus Herbert Gans wrote of the feelings of urban renewal victims (Gans, 1965: 29):
Slum dwellers whose homes were to be torn down have indeed protested bitterly, but their outcries have been limited to particular projects; and because such outcries have rarely been supported by the local press, they have been easily brushed aside by the political power of the supporters of the projects in question.
Market Discrimination against the Poor and the Impact of Consumer Disclosure Laws: The Used Car Industry
Authors: McNeil Kenneth , Nevin John R. , Trubek David M. , Miller Richard E. 
Published: June 2006

The poor pay more than the non-poor for many consumer products, and this disparity seems to be ignored by such consumer protection regulation as disclosure laws. Indeed, several lines of argument suggest that the poor will not benefit from disclosure regulation either because they lack the ability to use information effectively (“market irrationality”) or because they are restricted to particularly flawed markets and products (“separate markets/products”).This paper examines income stratification in the used car markets in Wisconsin, Iowa, and Minnesota. We found that the poor did pay more for used cars, got less redress for defects discovered after purchase, and were less satisfied and more likely to believe something was misrepresented. Differences in product quality did not account for these results because the patterns persisted even after the model, age, and price of the purchased vehicles were held constant. Further, no evidence was found for “market irrationality” among the poor. No income differences were seen in buyers' discovery of defects before or after purchase, and low-income buyers complained at higher rates, albeit with less success, than did higher-income buyers. Furthermore, the adoption of disclosure regulation in Wisconsin did not increase or decrease price discrimination against the poor. These findings point to the need for more research on the causes of price discrimination and more attention to the problems of the poor in the design and implementation of consumer protection regulations.
The Selectivity of Legal Sanctions: An Empirical Investigation of Shoplifting
Authors: Blankenburg Erhard 
Published: June 2006

This study examines the factors that determine the probability that a very common form of deviant behavior, shoplifting, will be detected, reported, and sanctioned. Data obtained both from self-reported crime, and from experiments in which researchers actually shoplifted goods from supermarkets and department stores with the authorization of their executive officers but without the knowledge of store employees, indicate that enforcement of the norm is highly selective. Less than 10 percent of all shoplifting is detected, and customers appear unwilling to report even flagrant cases. Even with an announced policy of full reporting and prosecution, only 70 percent of the shoplifting detected is reported, and only 55 percent is sanctioned. Foreigners, adults, and blue-collar workers are disproportionately represented among those sanctioned.These findings challenge the common assumption that norms backed by legal sanctions are highly effective. One reason may be that the division of labor between stores, which detect, and police and prosecutor, who sanction, completes the differentiation of moral and legal norms, subverting the effectiveness of both. The results also highlight the misleading nature of criminal statistics, which purport to measure crime but in fact describe the behavior of detecting and enforcing agencies.
Unrecognized Father of Sociology of Law: Leon Petrażycki
Authors: Podgórecki Adam 
Published: June 2006

I. THE PERSONLeon Petrażycki (1861-1931), a legal theorist and sociologist, came from the Polish gentry of the Witebsk area, a territory historically Polish, but then—and now—a part of Russia. After preliminary studies as a medical student, he turned to the study of law at the universities in Kiev, St. Petersburg, Heidelberg, Berlin, Paris, and London. He received a master's degree in Roman Law from the University of Kiev and a doctorate in Law from the University of St. Petersburg. In 1897 Petrażycki became a professor at the University of St. Petersburg; he was quickly promoted to the rank of full professor and subsequently appointed Dean of the Faculty of Law—the first, in Russia, to be democratically elected to that position. He became a Member of the Russian Parliament (DUMA) and later spent some time in prison as a result of his political activities. During his twenty years in St. Petersburg, Petrażycki published several books on such subjects as political economy, private international law, civil law, psychology, and matters dealing with the relation between law, morals, and the state. Many of these books (written in Russian) were controversial and stimulated much discussion and response in Russia. A brief bibliography is contained in Appendix A.
Ballad of a Thin Man: Sociolegal Studies in a Time of Postmodern Crisis
Authors: Simon Jonathan 
Published: June 2006

Because something is happening here but you don't know what it is Do you, Mr. Jones?—Bob DylanWhat happens when the occupiers abandon the city but the forces of liberation fail to show up? What should we do when the rebels lose the people in a thicket of doctrine and become terrorists, but the empire can't imagine how to strike back except with more terror directed at the same people?
Representing Homeless Families: Repeat Player Implementation Strategies
Authors: Harris Beth 
Published: June 2006

The leverage provided by litigation depends on its strategic combination with inputs at other levels. The question then is whether the organization of the profession permits lawyers to develop and employ skills at these other levels. (Galanter 1974:151)Without any ability to pose a credible political threat, poverty lawyers have become adept at squeezing resources out of hostile agencies and legislative bodies at all levels of government. (Diller 1995:1427)In mounting reform suits, Legal Services lawyers are not properly understood as autonomous, outside agents attempting to impose rationality on the administration of public welfare services over the opposition of a universally hostile state. (Katz 1984:189)In 1974, Marc Galanter examined the strategic role of public interest lawyers in helping the “have nots” come out ahead in the legal system. Galanter argued that, to become agents for social change, lawyers must recognize that their role as advocates extends beyond the courtroom into the implementation process (Galanter 1974:151). This article analyzes the efforts of one group of public interest lawyers—those working in Legal Services agencies dedicated to law reform—to influence the implementation of redistributive programs for a particular group of “have nots”: homeless families or those on the brink of losing their housing. Based on my studies, I argue that by skillfully combining adversarial legal tactics with collaboration, poverty lawyers can transform judicial decisions into “symbolic resources” to leverage the implementation of redistributive remedies. When the reform lawyers have the authority to participate in the process of administrative rule making during the implementation process, they can reshape the norms and organizational infrastructures within state agencies.
Farther Along
Authors: Galanter Marc 
Published: June 2006

The universal spirit of Laws, in all countries is to favor the strong in opposition to the weak, and to assist those who have possessions against those who have none. This inconveniency is inevitable, and without exception.Jean Jacques Rousseau (1762)The “Haves” paper was written in a different age. Its core was composed in the fall of 1970 when I was a fellow at the Yale Law School's remarkably fruitful soft-money Program in Law and Modernization. This was before the ascent of law and economics, before the emergence of critical legal studies and its progeny, before the promotion of alternative dispute resolution, before the arrival of the new legal journalism and the informational opening of legal world in 1979. The Law and Society Association, founded in 1964, was largely a support group dedicated to publishing the Law & Society Review (then in volume 5) and had not yet held a national meeting.