bluuebunny/crossref_metadata_2025_split huggingface dataset:
Constitutional Law in 1918–1919. II: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1918
Authors: Powell Thomas Reed 
Published: May 2006

Several of the cases already considered under the commerce clause involved further questions under the Fourteenth Amendment. Georgia's misuse of the mileage ratio in applying the unit rule to the taxation of wandering cars was found so arbitrary as to violate the requirement of due process. The minority insisted that “the case presents no question of taxing a foreign corporation with respect to personal property that never has come within the borders of the state.” This was not specifically denied by the majority who seem to base their decision on excessive valuation of property within the jurisdiction rather than on taxation of property outside the jurisdiction. Yet in substance the case is one of taxing extra-state values though not extra-state tangible objects.Missouri's excessive fee for certificates authorizing the issue of bonds secured by railroad property within the state, which was held an unconstitutional regulation of interstate commerce, was alleged by complainant to be a violation of the Fourteenth Amendment as well. The opinion of the court did not pass on the due-process question, but the cases cited under the commerce clause relied also on the Fourteenth Amendment.
Second Session of the Seventy-first Congress, December 2, 1929, to July 3, 1930; Special Session of the Senate, July 7–21
Authors: Macmahon Arthur W. 
Published: May 2006

Membership. Even in seasons when politics are pointing toward congressional elections of unusual interest, the filling of vacancies in the House attracts little attention. Political perspectives are almost unavoidably narrowed by the reaction of presidential government; localism confuses general tendencies; and the prevalence of one-party areas further conceals trends which can be read only by a close scrutiny of relative returns. It is not that the opportunity for by-elections is lacking. In the course of the session under consideration, twenty-three seats in the House were vacated, five by resignation and eighteen by death. The resulting replacements brought the Democrats a net gain of one; for, though losing their sole foothold in Pennsylvania, they won in the third district in Kentucky and the second district in Massachusetts. In the latter, never previously represented by a Democrat, the victory of W. J. Granfield in the special election on February 11,1930, was widely noted and deemed significant by many, although it was not clear whether it indicated a desire for drink or a dread of depression.The Senate came to grips at last with the long-delayed problem of the Pennsylvania senatorship. In accordance with an understanding reached in the special session, Senator Norris's resolution (S. Res. 111) to deny William S. Vare a seat in the Senate came up on December 3. Debate closed on December 6, when the resolution was adopted by a vote of 58 (25 Republicans, 32 Democrats, 1 Farmer Labor) to 22 (all Republicans).
The Texas-Mexican and the Politics of South Texas
Authors: Weeks O. Douglas 
Published: May 2006

Politics has been referred to by a recent writer as a “great game,” which, it may be added, is played ordinarily, not in a political vacuum between a majority and an opposing minority, but rather by groups organized on an economic, social, religious, or racial basis, which coalesce with each other and fall apart only to make new combinations. This process may readily be seen if one turns the telescope on the national political firmament, but it cannot be understood in the minutias of its ceaseless activity unless the microscope be applied to relatively small localities. The state of Texas, because of its wide extent and consequent variations of social and political phenomena, presents an admirable laboratory for this microscopic method of attack. It is proposed here to apply this method to a particular political section of Texas which has recently attracted some attention.The section referred to is that extreme southern portion of the state lying, in general, south of the Nueces River and east of Laredo, embracing thirteen counties and aggregating in area some 18,000 square miles. There are a number of reasons why it merits attention. The first and foremost is that the major element of its population is Mexican in race, but to a large extent American born. Many of these Mexican-Americans are descendants of the first settlers. It was rather the Anglo-American who was the newcomer. Obviously, therefore, the usual process of racial adjustment has been somewhat reversed. The American found the Mexican, and it was the Mexican to whom he to some extent adjusted himself.
Reorganization of the Governmental Structure of Roumania
Authors: Roucek Joseph S. 
Published: May 2006

The law for the reorganization of central administration and the law on local administration (July 20, 1929) sponsored by the National Peasant government of Roumania have recently been put into effect. Both measures were drafted by Professors Negulescu, of the University of Bucharest, and Alexianu, of the University of Cernauţi. Their adoption comprises one of the most thorough governmental reforms in the history of the Balkans.The structure of the Roumanian government was, until very recently, almost completely copied from the French system. Roumania was a typical example of a unitary organization. The whole power of government was centralized in Bucharest. Practically all powers of local government were derived from the central authority, and were enlarged and contracted at the will of Bucharest. The whole system lent itself admirably to the domination of the National Liberal party, guided up to 1927 by Ion I. C. Brǎtianu, and after his death by his brother, Vintilǎ I. C. Brǎtianu, who died last year.Since the strength of the National Peasant party, which assumed the reins in 1928, lies largely in the provinces acquired at the close of the World War, a decentralization of government was to be expected. The bitter resentment of Maniu and his associates toward the over-centralization which favored the policies of the Bratianus forced the recent overhauling of the governmental structure, tending toward federalism—a form which takes cognizance of the differences of the past and present between the old kingdom and the new provinces and attempts to extend democratic features of self-rule to the electorate. At the same time, it attempts to secure bureaucratic expertness.
The International Settlement at Shanghai, 1924–34
Authors: Lockwood William W. 
Published: May 2006

It is becoming increasingly clear that the decade following the Washington Conference constituted a distinct epoch in the Far East. The revolutionary surge of Nationalist China with its warcry, “abolish the unequal treaties,” threw the foreign Powers on the defensive for the first time in a century. Skillful Chinese diplomacy supported by physical, moral, and economic force swept away foreign rights and privileges of long standing. Expansive world prosperity bolstered up a sagging Japanese financial structure and encouraged all the Powers to respect the self-denying pledges of the Washington treaties and the demands of Chinese nationalism. This period terminated with the Japanese attack on Mukden in September, 1931. As hard times put increasing strain upon the economy of the Island Empire, the Japanese army, with continental ambitions rekindled, launched a bold campaign for hegemony north of the Great Wall—and possibly south.During the nineteen-twenties, the center of gravity in China shifted to the Yangtse Valley. Shanghai, the foreign-controlled metropolis which stands at the cross-roads of Far Eastern commerce and dominates an immense hinterland, assumed a position of increasing importance in the domestic economy and international politics of China.
The Classification of International Organizations, I
Authors: Potter Pitman B. 
Published: May 2006

Classification is regarded by some as a very elementary and a very barren scientific device or method. For those who attach most importance to applied science, and to the achievement of practical ends, classification seems a dry and futile procedure. For those likewise who insist upon the importance of moral standards and purposes, the brutally empirical inductive process of classification seems inhuman, possibly even anti-social.That classification is an elementary task of science, in the sense of occurring early in the whole scientific process, no one could deny, albeit only some one who has had immediate and serious experience in classification can appreciate the advanced problems, both of theory and of application, which can be encountered therein. From the point of view of human interest, something would depend upon what is being classified, whether pearls or potatoes, for example, although it would seem to be an implied tenet of pure science that no knowledge of the universe is without value and that we are not able to say beforehand how important a given piece of knowledge will turn out to be.
The War Industries Board, 1917–1918; A Study in Industrial Mobilization
Authors: Kester Randall B. 
Published: May 2006

With the advent of “total war” in Europe, America was shocked into a realization of the inadequacy of her defense measures in the event of becoming involved. While ideas conflicted sharply as to what our attitude toward the war should be, most schools of thought united in urging increased preparedness, and Congress appropriated staggering sums for defense. But the realization likewise came that preparedness involves more than mere appropriations—it takes time, and men, and materials, and industrial plants, and above all, coördination, in order to maintain defenses ample by modern standards. So as we contemplate the possibility of war, the spotlight focuses on our industrial system as perhaps the most important single factor in defense.The entrance of this country into the last war found us similarly unprepared, from both a military and an industrial standpoint, and it was almost a year before the industries of the nation were meeting the tremendous demands thrust upon them, with production just reaching its peak at the time of the Armistice.
The Dilemma of Jurisprudence
Authors: Wormuth Francis D. 
Published: May 2006

Law, we are accustomed to say, comprises two elements. It is a body of obligatory rules of conduct, but it differs from other obligatory rules, such as moral precepts or the rules of a game, in that it is enforced by the state. On the one hand, law exists as a conceptual system of normative rules; on the other, it dwelis as well in the realm of brute fact, where it is something that is “done” or enforced by the state. But here surely is a snake swallowing its own tail, for the state which concretises law on the level of actuality is itself a creature of the realm of ideality: the state is meaningless except as a legal concept.What is needed is a treatment of law which will equate the actual practice of government with the conceptual system of rules that are obligatory, not merely upon citizens, but upon government as well. There seem to be good a priori reasons for believing that this cannot be done, and for believing, furthermore, that no definition of law in terms of either of the elements alone will be satisfactory.The American writers loosely grouped as “realistic” have made a thoroughgoing effort to solve the problem by omitting the normative element. With individual variations, these authors have argued that law is simply the behavior of the judge. Since the judge is a man, the law which he makes is a by-product of his personal existence, secreted, perhaps, as a result of a bad breakfast, as a pearl is secreted by an oyster. It is meaningless to talk of law as obligatory, or law as rule. Law is occurrence, on the simple level of fact, and it is not to be discussed in terms of obligation or validity, ideas which are the product of folklore or father-fixation.
The Judicial Council as an Aid to the Administration of Justice
Authors: Sunderland Edson R. 
Published: May 2006

Procedure is the most difficult and the least satisfactory part of the law. It is the delay, expense, and uncertainty of litigation that has always aroused popular complaint; and these are mostly matters of procedure.Our substantive law, regulating rights and duties, is intricate enough, but on the whole it has been worked out by the courts and laid down in statutes in a way which seems to meet the general needs of society. The principles of property law, contracts, torts, trusts, agency, partnership, corporations, negotiable instruments, sales, and of all the other titles in the substantive field, are quite acceptable to the public. But when the machinery of the courts is invoked to administer these principles, interminable trouble results. Process must be issued and served to bring persons and property under the jurisdiction of the court, the parties must file their claims and defenses, objections must be heard and amendments made, evidence must be collected by various devices.
Democratic Planning in Agriculture, II
Authors: Lewis John D. 
Published: May 2006

The B.A.E.-Extension Service views quoted above stress the importance of securing on planning committees representatives of all economic, social, racial, and geographic groups found in the county. To what extent are such groups represented on planning committees at present?A wide geographic distribution of representation is, of course, more easily secured than any other kind of distribution. Geographic boundaries between groups are easily recognized, and it is usually taken for granted that distinct areas should be separately represented. A distribution based on type-of-farming areas will, of course, mean representation of geographic areas. And geographic distribution will ordinarily achieve some degree of distribution among social, economic, nationality, or other groups. In practically all counties, the county committee includes at least one member from each township, other civil district, or type-of-farming area in the county. Ordinarily this is achieved by making the chairman of each community committee, or other member selected by the community committee, also a member of the county committee. In a few cases where the county committee was set up first, a member from each township or district was made responsible for selecting the members of a community committee for his area.
Geographic Objectives in Foreign Policy, I
Authors: Spykman Nicholas J. , Rollins Abbie A. 
Published: May 2006

The attempt to give international society a minimum of government and order through the establishment of a League of Nations has proved only moderately successful. It is true that states have begun to play politics in Geneva, but they have not ceased the older and grimmer struggle for power in the world at large. The state is still today, as far as its international relations are concerned, primarily a military organization. Its specific aims in its struggle for power may be many, but among them the geographic objectives, the attainment of which will increase the state's relative military strength, are the oldest and the most persistent.There are several types of geographic objectives, but in this analysis we shall concern ourselves with the strategic geographic objectives of foreign policy. Before we attempt to analyze these specific objectives, however, it is essential to consider briefly the phenomenon of expansion as such, which may be defined as a mere advancement of frontier in contrast to the conquest of a particular bit of territory for strategic reasons.
III. Federal-State-Local Relations
Authors: Bromage Arthur W. 
Published: May 2006

Like all other aspects of public administration, intergovernmental relations are undergoing constant readjustment to the times and conditions. War so alters conditions in public affairs that federal-state-local realignments are taking place from month to month. Never before have so many administrative operations at the local level been guided by so many directives out of Washington. Coöperative government by federal-state-local authorities has become a by-word in the prodigious effort to administer civilian defense, rationing, and other war-time programs. The first year of war brought new forces into the field of administration, but developments have followed an evolutionary rather than a revolutionary pattern. Intergovernmental administration, while it is a part of all levels of government, is turning into something quite distinct from them all.The states have coöperated in passing war-time legislation; in ironing out transportation problems created by diverse state regulations; in controlling aliens and relocating Japanese-Americans; in foregoing construction of new public works; in building public works in war-affected communities where in-migration has resulted from concentrations of war industries and military personnel. New programs affecting the lives of all Americans, such as civilian defense, price control, and rationing, are making demands upon localities and states for intergovernmental action. In the absence of any complete overhauling of the federal-state-local tax systems, the Bureau of the Budget has written a new chapter in the intergovernmental field by giving a set of directives for state and local governments to follow or to ignore at their own risk.
A Basic Condition of International Reconstruction: Freedom of Opinion and Press
Authors: Sforza Carlo 
Published: May 2006

IDistinguished American and foreign scholars are studying in this symposium various aspects of the weighty problem of international reconstruction. All of the other writers have chosen problems that are essentially political, and on that account it has seemed to me appropriate that I discuss a topic of a more broadly moral nature, i.e., the issue of freedom of opinion and press in the world of tomorrow. The fact that I have spent my life in diplomacy and politics may make up for my lack of personal importance if I can demonstrate that cynics and profiteers will prevail in politics unless we comprehend that in any sphere of international relations only those solutions will be adequate that are grounded upon the most complete security of opinion and press.IIExiled pretenders to thrones nearly always exhibit a liberalism both promising and reassuring. But this was not true in the case of Prince Victor-Napoleon, whom I knew quite well because of his ties with Italy—ties that consisted more in his vast estates in the Po valley than in his dynastic alliances. Faithful to the princely rule according to which the son has to affect views different from those of his father, Prince Victor was a dyed-in-the-wool conservative. His father had acquired a well-known reputation for liberalism (or even Jacobinism?) during the Second Empire—and afterwards. But Prince Victor-Napoleon had assumed the habit of speaking to me in frankness. And I did not doubt for a moment his sincerity on that evening when, listening under plane trees to an open air concert in Constantinople, he made the following remark on the founder of his family: “There is one thing about the Emperor (like all the Bonapartes, he said “Emperor” only when referring to the first; the one of December 2, he called Napoleon III) which is more inexplicable to me than anything else: that with his wonderful perspicacity, with his mistrust of men, whether flatterers or not, he should have attributed so much importance, at a certain moment, to the manifestation of lyrical enthusiasm of which he read summaries.
State Legislative Reorganization
Authors: Perkins John A. 
Published: May 2006

While much attention has been given to the efforts of Congress to improve itself, the activities of the state legislatures which have sought improvements as diligently, incidentally fulfilling their laboratory function, have gone virtually unnoticed. Twenty-eight states have given consideration to the renovation of the law-making branch. Comprehensive studies were made in Massachusetts, Connecticut, and in a more limited manner in California. New York, currently intent on modernizing its legislature, has already issued an interim report on expenditures and personnel, although the complete recommendations of its Joint Legislative Committee are yet to come. Committees whose frame of reference limits them to “tinkering” rather than “overhauling” are at work in Michigan and Colorado, with no reports yet submitted. In Alabama, an interim committee called for limited changes. The Bureau of Research established by the Indiana General Assembly in 1945 is authorized, among other things, to conduct research into improved methods of legislation.The crucial position of the state legislatures in our scheme of government cannot be over-emphasized. The failure to make themselves truly representative by periodic reapportionment and to streamline their organization and procedure, not to mention corruption among personnel, has resulted in an inability and unwillingness to rise to their responsibilities. Political collusion between rural legislators and their henchmen in local government has thwarted unification of multitudinous jurisdictions and the modernization of local administration. When depression-born demands for modern services were not met by state and local government, the federal government of necessity undertook new functions, causing centralization of government in the United States amid condemnation by the same state lawmakers whose inaction clipped democracy short at the grass roots.
Personality in International Law
Authors: Aufricht Hans 
Published: May 2006

The overwhelming majority of writers on international law seem still inclined to advocate that states only be recognized as legal persons in international law. Since, however, neither the term “state” nor the term “legal personality” is unequivocal, it may well be questioned whether a conclusion reached by means of a mere combination of these terms is adequate to clarify the pertinent problems.Through constant repetition, the unqualified designation of the state as the only legal person in international law became seemingly self-evident. Yet it should not be overlooked that the concept of the state is much older than the description of the state in terms of legal personality, since the latter terminology does not appear before the middle of the seventeenth century. There seems to be general agreement that Thomas Hobbes originated the usage of speaking of the “state” as a “person,” when he proposed to define a “body politic” as “a multitude of men,united as one personby a common power.”