bluuebunny/crossref_metadata_2025_split huggingface dataset:
County and Township Government in 1944
Authors: Snider Clyde F. 
Published: May 2006

Developments in rural local government during 1944 included little that was wholly novel. Few state legislatures were in regular session, and those which met gave rather less attention than usual to local governmental problems. Nevertheless, several significant statutes and constitutional amendments became effective, and the convention which framed a new constitution for Missouri took numerous steps toward the modernization of local government in that state. In addition, particular local units in various states took action under preëxisting legal authority to improve their governmental forms or practices. As is usually the case, some proposals in the direction of betterment were defeated.I. AreasA type of governmental area which is becoming increasingly popular is that for providing rural fire protection. Kentucky, in 1944, authorized the establishment of fire protection districts upon petition by fifty-one per cent of the registered voters of the territory proposed to be included. Like some other laws of its kind, the Kentucky statute provides that the governing boards of such districts may either operate fire departments or contract for receiving fire protection from municipalities or other fire protection districts.The number of soil conservation districts continued to grow rapidly. As of December 15, 1944, 1,203 such districts, including approximately 3,107,451 farms, had been established in the 45 states having soil conservation district laws. Only the three New England states of Connecticut, Massachusetts, and New Hampshire were without legislation authorizing the organization of districts of this nature.
The Legal Nature of War Crimes and the Problem of Superior Command
Authors: Berger Jacob 
Published: May 2006

One of the most crucial and controversial questions in the field of international criminal justice is that of whether “superior command” is a good defense in a war-crime trial. The answer is of cardinal importance, since trials of war criminals may prove entirely useless if accused persons are permitted simply to pass on the responsibility for their acts to their superiors. The line would lead straight to the omnipotent leader, who might choose to escape prosecution altogether by putting an end to his life. Opinions of writers on the subject are divided, and so are court decisions, war manuals, and legislative provisions. While the American and British war manuals, backed by Oppenheim's authority, recognize “superior command” as a full defense, Anglo-American practice, expressed in numerous decisions and supported by many authorities, refuses to ascribe to it any exculpating effect. Some theories recognize “superior command” as a defense to a limited extent only, dependent upon whether the subordinate actually knew, or had reasonable grounds for knowing, that a given command contemplated a punishable, or at least an illegal, action.What has not been tried up to now, and what seems a worth-while undertaking, is to analyze the general conception of war crimes and to try to reach a solution of the indicated problem out of a clearer understanding of that conception.
I. The Charter Adopted at San Francisco
Authors: Eagleton Clyde 
Published: May 2006

The Charter of the United Nations, signed at San Francisco on June 26, 1945, was the culmination of long and wide preparation. It is to be doubted whether any international instrument, or perhaps any human document, had ever before undergone such wide popular scrutiny, such intensive expert study, and such democratic procedure of adoption. It seems to be accepted, too, that in no country were preparatory studies undertaken upon so large a scale as in the United States.At the Dumbarton Oaks conversations, each of the four states there represented offered the results of its studies in a plan submitted for consideration; and these, as the result of previous comparison of views, varied little in their fundamentals. The United States plan had been submitted to the three other Governments on July 18, 1944. Since it was in constitutional form and in more detail, it became the basis of further development, although all four plans were thoroughly discussed and parts of all were included in the final Proposals.
The Direction of Supply Activities in the War Department; An Administrative Survey, I
Authors: Millett John D. 
Published: May 2006

Integration and coördination are terms that have long been used to describe the objectives of administrative reorganization. Thus coupled, the two words have appeared to represent mutually compatible goals. And most efforts at reform of local, state, and even federal, administration have embodied elements of both integration and coördination.A somewhat different note was struck in the report of the President's Committee on Administrative Management transmitted to Congress in January, 1937. Here the emphasis was upon an improvement of the staff organization of the Presidency, rather than upon any large-scale effort to re-group and consolidate existing administrative agencies. Accordingly, it would not be unfair to say that coördination, even more than integration, was the objective of the proposals submitted by the President's Committee.
The Growth of the American Political Science Review, 1926–1949
Authors: Zink Harold 
Published: May 2006

It is a traditional practice for individuals and institutions to celebrate anniversaries, particularly such landmarks as the half century and centennial years. Perhaps more significant in the case of professional journals are the periods ending distinguished editorships. This article deals with the growth of the American Political Science Review under the editorship of Frederick A. Ogg covering the period 1926–1949.The Ogg editorship of the Review is perhaps not the longest to be found in the annals of American academic journals, but, extending as it did over a period of twenty-four years, it is nevertheless impressive from the standpoint of any measuring stick based on time. As far as the Review itself is concerned, the Ogg editorship easily establishes a record. W. W. Willoughby, the first editor, served approximately ten years and John A. Fairlie, his successor in the editor's chair, completed nine years of service.But while the duration of an editorship is not without significance, other aspects are perhaps even more important. If a few editors of journals in other professional fields may have equalled or even exceeded the Ogg editorship in point of time, it is to be doubted whether any has made more of an impact, or has devoted himself more generously to his work. Professor Ogg used his editorial pencil vigorously in connection with the articles both long and short; in addition, he prepared the news and notes, assigned the book reviews, read the printer's proof, and solicited advertisements from various publishers.
Unification of the Armed Forces—The First Year
Authors: Connery Robert H. 
Published: May 2006

Somewhat more than a year has passed since James Forrestal took the oath of office as first Secretary of Defense on September 17, 1947. While it is still too early to pass final judgment on the effectiveness of the National Security Organization, sufficient time has elapsed to take some measure of the vast scope of problems it faces, and of the soundness of the foundations upon which it rests.The National Security Act of 1947, under which the new organization was created, was one of the most thoroughly studied pieces of legislation to come out of the war. In that act, Congress indicated its purpose as being “to provide a comprehensive program of the future security of the United States.” The act did not merge the Army and Navy into a single Department of Defense as many had hoped, but it did provide administrative machinery for establishing integrated policies and procedures for those agencies of the federal government primarily concerned with the national security.The most important single fact about the National Security Act was that it did much more than merely reorganize the Armed Forces. Indeed this was the essential difference between the two reorganization plans sponsored during 1945–47 by the Army and the Navy. The Army's plan, drafted by Lt. General J. Lawton Collins and his staff, and frequently referred to as the “Collins Plan,” proposed a single “Department of the Armed Forces” with a Secretary at its head. The Navy's proposal went much farther. A brief description of the two plans may not be amiss, since they explain some of the problems that the National Security Organization has encountered during its first year of operation.
Legislative Reference Service for the Congress of the United States
Authors: Graves W. Brooke 
Published: May 2006

Although the Legislative Reference Service in the Library of Congress has existed for a good many years, it was not until 1946 that increased financial support and increased staff made it possible for “L.R.S.” to render the service that friends of the legislative reference idea had long felt that it should. Under Section 203 of the Legislative Reorganization Act, the Service was authorized and directed to appoint senior specialists in various fields “to be available for special work with the appropriate committees of Congress, and upon request to advise and assist any committee of either House or any joint committee in the analysis, appraisal, and evaluation of legislative proposals pending before it, or of recommendations submitted to Congress, by the President or any executive agency, and otherwise to assist in furnishing a basis for the proper determination of measures before the committee.‘ The services of such staff members are available also for members of Congress individually.Before proceeding further with the discussion of the expansion of the Service made possible by recent legislation, it may be desirable to outline the nature of the existing organization, and to indicate briefly the character of the services which it renders. The Legislative Reference Service as a whole is one of the departments of the Library of Congress. It functions under Dr. Ernest S. Griffith, who has been Director since 1940. For administrative purposes, the work has been divided among six different sections, each of which has its own different and peculiar responsibilities.
Interaction of Psychological and Sociological Factors in Political Behavior
Authors: Frenkel-Brunswik Else 
Published: May 2006

The theoretical models developed to deal with the interaction of sociological and psychological factors in the formation of political behavior indicate a wide divergence of opinion. At one extreme area group of scientists, mainly psychiatrists and anthropologists, who see most social phenomena as deriving from the subjective experiences of the individual. The specific traumata inherent in different methods of upbringing and in the resulting renunciations imposed upon the child are regarded by them as the formative basis for customs, religions, social attitudes, and so forth. Some specific examples of their point of view may be found in attempts to explain war as an expression of the destructive instincts, or capitalism as a manifestation of the anal syndrome. But at the other extreme are proponents of the view that the social structure is independent of the single individual and that individual behavior can be explained and predicted in terms of membership in classes and groups as they have developed historically, mainly on the basis of mode of subsistence.Failing to agree with either of these extreme points of view, one may argue that any speculation about the causal interrelation of sociological and psychological factors in the group and in the individual must recognize the fact that these factors have been artificially isolated and abstracted and that no exclusive factual primacy can be given to any of the aspects in a pattern so closely interwoven.
The Operation of the Legislative Reorganization Act of 1946
Authors: Galloway George B. 
Published: May 2006

In this article I will attempt to review the operation of the Legislative Reorganization Act of 1946 in terms of its own objectives. Criticisms of the limitations and shortcomings of the Act have been discussed elsewhere. In describing the reformed system and the way it works, it is no part of my intention to impute praise or blame to any of the actors in the drama. As a member of the staff of the Library of Congress, I view the legislative scene with as much nonaxiological detachment as an anthropologist would describe the customs and mores of primitive tribes on some tropical island. Whether or not the system is an authentic expression of democratic government, I am not at liberty to say.As conceived and formulated by its authors and as enacted by Congress, with some significant omissions, the Act (as I shall henceforth refer to the Legislative Reorganization Act, for the sake of brevity) had the following objectives:1. To streamline and simplify congressional committee structure.2. To eliminate the use of special or select committees.3. To clarify committee duties and reduce jurisdictional disputes.
State Constitutional Law in 1947–48
Authors: Sherwood Foster H. 
Published: May 2006

The total number of cases arising under state constitutions this year is substantially larger than last year. The bulk of the increase seems to fall in the area of civil rights, particularly procedural rights, although there is some increased activity in areas of state and local government as well. The cases fall readily into the general pattern followed in last year's survey.I. GOVERNMENTAL ORGANIZATION1. State Government. The standing and circumstances necessary to enable a party to secure a decision on the constitutionality of a statute were discussed by the highest courts of four states. In 1947, the Tennessee legislature passed an Anti-Closed Shop Act which was promptly attacked by a union recognized by the NLRB as exclusive bargaining agent in the defendant plant. A county chancery court upheld the statute against arguments that it violated the state and federal constitution. Before the day fixed for hearing on appeal, the union requested that the appeal be dismissed, a request resisted by the employer and the attorney-general. It is clear from the argument on the request that both parties were seeking an adjudication on the federal question from the federal Supreme Court. Evidently, however, the union decided to press the matter to the latter court in a different and more favorable controversy. In this case, since the lower court upheld the constitutionality of the law, the public interest, it was said, would not be impaired by dismissal. From the precedents cited, however, it seems likely that if the lower court decision had been against the law's constitutionality, the Supreme Court would have refused the request. The same court also held that where the defendant has attacked the constitutionality of a statute unsuccessfully in a criminal trial, he many not raise the same questions in a civil case brought against him, even when the prior adjudication was made in an unpublished opinion.
Justice Harlan and the Uses of Dissent
Authors: Beth Loren P. 
Published: May 2006

The appointment of John M. Harlan of New York to the Supreme Court bench came not only as something of a surprise, but as a rather timely and significant one. It is not merely that he is the first justice who is a direct descendant of a previous member of the Court, but that in a fitting sense his appointment may be regarded as a long-overdue tribute to the services his grandfather rendered to the Court and to the nation, and to the causes which the elder Harlan so ably represented.Of all the more prominent justices in Supreme Court history, John Marshall Harlan of Kentucky has been, for no obvious reason, the most neglected. The recently published biography of Justice William Johnson has restored to his place in history the only other justice who perhaps could compete with Harlan in the lack of attention paid a significant career.
Party Voting in American State Legislatures
Authors: Jewell Malcolm E. 
Published: May 2006

The political systems of American states have remained, until recent years, a neglected field of study. Students of state government have found it easier to make meaningful comparisons of administration or legislative organization than to capture on paper the dynamic political forces which appear to be unique in each state and often are completely transformed by each group of personalities that wander on and off the political stage. V. O. Key's excellent study of the political forces in Southern states pointed up the lack of similar surveys of Northern states.In particular, the role of political parties in state legislatures has been largely ignored. The report of the American Political Science Association Committee on American Legislatures points out this problem and also notes that “it has been generally assumed that partisanship counts for less in most state legislatures than it does in Congress.” Professor Lowell's famous study in 1901, which showed a comparatively low level of party voting in all of the five states he studied except New York, provided the empirical evidence for a conclusion that has been widely shared by later writers.
Political Theory and the Study of Politics: A Report of a Conference
Authors: Eckstein Harry 
Published: May 2006

The issues which arose during the discussions of the conference fall fairly conveniently into three compartments.First, we obviously had to settle, with reasonable clarity, what we were talking about: what “political philosophy” is, what “political science” is, and whether they are really distinguishable. The basic issue of the conference was to determine the relevance of the one to the study of the other, and if we had decided that they were really the same thing, there would simply have been no problems for us to discuss. On the whole, we felt that a valid, if not necessarily sharp, distinction was to be made between the “philosophical” and the “scientific” approaches to the study of politics and that we were not discussing absurd or tautological issues. We agreed, however, that all types of political inquiry involve the construction of theory, implicit or explicit, and that the title “political theory” has been unjustifiably appropriated by the historians of political thought.
Comment on Oppenheim: In Defence of “The Natural Law Thesis”
Authors: Jaffa Harry V. 
Published: May 2006

The core of Oppenheim's attack on what he calls the natural law thesis is the contention that it rests upon an incorrect epistemology:To subscribe to the natural law thesis is to adhere to the epistemological theory of value-cognitivism. Value-cognitivism claims that there exist intrinsic value-judgments which are cognitively true or false, regardless of the speaker's or listener's intrinsic value-commitments.In contrast to this view is the epistemological theory of value non-cognitivism, which tells us thatValue-words do not designate objects, and it is misleading to use nouns such as “Justice” and “Goodness.” … A value-expression in an intrinsic value-judgment refers to a relation which holds between an evaluating subject and some object or event or state of affairs which he values intrinsically, whether positively or negatively.I take the foregoing to mean that, to predicate just or good of a law or of a man does not tell us anything about the law or man, but rather describes an attitude toward the law or man. Justice, as a noun, is misleading, because justice is not a “thing” or a “this”; it is not a substance but an attribute; not a real noun, but an hypostatized adjective, a quality of evaluating subjects, never of the objects of which the subjects themselves always predicate it.
Comment on McCloskey
Authors: Diamond Martin 
Published: May 2006

McCloskey's essay offers a justification for and an approach to the study of American political thought. Justification is needed, as he puts it bluntly and persuasively, because American political thought is second-rate. His proposed approach to its study constitutes a solution to the problem posed by that second-rateness. That is, he offers not just one possible valuable way to consider American political thought but, rather, the way which justifies the study.The justification for studying second-rate thought, he tells us, cannot be the same as that for first-rate political thought. To use his example, the study of Plato can be defended on the ground that it is somehow “intrinsically self-warranting.” He distinguishes another major justification for the study of first-rate thought, namely, its relevance to the understanding of politics, that is, presumably, to the understanding of politics regardless of time or place. But the study of American political thought, because it is second-rate, cannot be justified on the first ground; the student of American political thought “must stand on the leg of relevance if he is to stand at all.”
Constitutional Law in 1955–1956
Authors: Fellman David 
Published: May 2006

No changes in the personnel of the Supreme Court occurred during the 1955 Term.Noteworthy among publications dealing with the Court and with constitutional law which appeared during the period under review were a first biography of James Wilson, a member of the original Court; symposia on the late Justice Roberts, the late Professor Thomas Reed Powell, and Justice Black; several interesting reappraisals of John Marshall; and additional installments of Professor Mason's important work on Justice Stone. A full scale critique of Charles Beard's interpretation of the Constitution was published, as well as a variety of writings on historical aspects of the Court, and on a wide range of problems of judicial practice and public law.
Trends and Variations in the Two-Party Vote: The Case of Michigan
Authors: Masters Nicholas A. , Wright Deil S. 
Published: May 2006

This study aims to analyze some features of voting behavior in a particular state party system and to illustrate new methods of analysis of election data. In this paper we use the gross election statistics for Michigan counties and cities to relate recent voting trends to the ecological characteristics of counties and to investigate the effect of certain variables on voting in cities.A closer scrutiny of Michigan election results is warranted at this time because major interest groups in this state no longer place a high premium on “keeping out of politics.” Traditionally, interest groups in American state and national politics are supposed to avoid any open and continuing commitments to particular party organizations or factions. Labor and business groups in Michigan, however, skirting the Taft-Hartley and corrupt practices acts (which purport to limit union and corporate political activities), have either modified or abandoned their past policies in this respect. The Michigan CIO fully accepts a partisan role and since 1948 a liberal-CIO coalition has controlled the Democratic party organization.
British By-Elections, 1952
Authors: Scammon Richard M. 
Published: May 2006

In October, 1951 Winston Churchill returned to head Britain's government; the Labor ministry which had held power since the summer of 1945 had been narrowly defeated in a general election and Clement Attlee's six years as Britain's first Minister were ended. But this change of leadership marked no change in the British political wars—and one of the most interesting, and most revealing, of the areas of these wars has been that of the by-elections.These by-elections, special votes to fill vacancies in the House of Commons, took place in ten widely separated districts during the fourteen months from the general election of October, 1951 to the end of 1952. Four of the vacancies they were held to fill were caused by the death of a sitting MP, two by resignation, and the other four by elevation or succession of the incumbent to the House of Lords.