bluuebunny/crossref_metadata_2025_split huggingface dataset:
Mr. Justice Holmes and Three Generations of Imbeciles
Authors: Leuchtenburg William E 
Published: October 2023

Abstract
When Melvin I. Urofsky of Virginia Commonwealth University invited me to give a paper at a conference that he and A E. Dick Howard of the University of Virginia Law School were organizing on Virginia and the Constitution, I saw the occasion as an opportunity to explore a case that had long fascinated me but that I knew little about. Buck v. &II, I sensed, would provide an unusual perspective on the Supreme Court in the 1920s, a decade in which the Court had a decidedly conserVative tilt under Chief Justice William Howard Taft, Edward T. Sanford, and especially “the Four Horsemen”-Pierce Butler, James McReynolds, George Sutherland, and Willis Van Devanter-but was hearing dissenting views from an emerging liberal trio: Louis D. Brandeis, Oliver Wendell Holmes, Jr., and Harlan Fiske Stone. Writing about this case would also, I anticipated, give me a chance to integrate political and social history, which! I had recommended in my presidential address to the Organization of American Historians in 1986 (“The Pertinence of Political History: Reflections on the Significance of the State in America,” Journal of America” History, 73 (December 1986): 585-600). The paper was delivered in Richmond in the fall of 1989 at a conference co-sponsored by the Virginia Commission on the Bicentennial of the United States Constitution, Virginia Commonwealth University, and the Virginia Department of Education, and published in a limited edition in A. E. Dick Howard and Melvin I. Urofsky, eds., Virginia and the, Constitution (Charlottesville, Va.: Virginia Commission on the Bicentennial of the United States Constitution, Center for Public Service, University of Virginia, 1992). I have reworked the paper for The, Supreme Court in the Age, of Roosevelt. As this essay was going to press, I benefited from reading two papers on eugenics presented at the 1994 meeting of the Organization of American Historians by Edward J. Larson and Steven Noll.
The Birth of America’s Second Bill of Rights
Authors: Leuchtenburg William E 
Published: October 2023

Abstract
When, as a consequence of the genius of Edouard Laboulaye and the generosity of the French nation, the majestic Statue of Liberty was unveiled in New York harbor in the autumn of 1886, the American people were properly appreciative-but nonetheless regarded the gift as only their due. Had not the citizenry of “the land of the free, 11 they asked, enshrined in their Constitution a Bill of Rights that made their country’s charter the model for those who treasured liberty throughout the civilized world? In truth, however exaggerated their view of the uniqueness of their situation, they did have more than a little reason for pride. Yet not only were there a great many Americans in t 886 who did not enjoy all the blessings of liberty, but the constitutional order was, far more than was recognized then or is fully recognized even today, in one critical respect seriously deficient.
Arguing with Enemies: Interpretation as Invective
Authors: Nagel Robert F 
Published: October 2023

Abstract
The Bible-quoting football coach described in the last chapter might have had enough authoritarian instincts of his own to sympathize, at least a little, with the university president’s censorship of his antigay opinions. But he must have been stunned to hear her depictions of his behavior. The president claimed that he had made ‘a mockery of freedom of expression’ and that he had threatened ‘the value and dignity of other human beings.’ Thus, for having made a brief and literal reference to a revered book, the coach was cast as a dangerous, evil man. He no doubt believed that his statement had been an exercise of free speech, not an attack on that principle, and that his Christian concepts of sinfulness are compatible with human dignity. Even on the assumption that there was some truth in the charges, they represent a commonly observed contemporary phenomenon-the degeneration of public debate into exaggeration and invective. Name-calling, obviously, serves many of the same functions as outright censorship. As a threat, it frightens some people into silence. Moreover, it discredits what the brave (or foolhardy) do say. As the coach’s experience demonstrates, it defines moral disputes as settled when in fact they are still underway. In these ways, it protects the beneficiary class the people who are thought to be in need of improvement-from having to consider opinions that the leadership thinks they are not able to handle for themselves.
Censoring Ourselves
Authors: Nagel Robert F 
Published: October 2023

Abstract
The words censorship and vilification conjure up ominous historical associations. We think, for instance, of the wholesale effort to keep abolitionist materials out of the antebellum South or the ugly name-calling by Senator Joseph McCarthy. Efforts to prevent change by the suppression of destabilizing messages have often had a grave and systematic character. It is odd, then, that a prevalent reaction when these tactics are used to induce change is humor. The attempts of progressive censors to sanitize the minutiae of our public vocabulary are so targeted and detailed as to verge on the frivolous.1 Even the ever-lengthening list of words of opprobrium (ageist, Eurocentrist, logocentrist) seems to be too mechanical to convey real condemnation. Political correctness verges on self-parody. Its practitioners, although resolutely humorless while going about the endless task of improving the rest of us, are the source of considerable amounts of somewhat nervous comedy. There are some solid reasons for the nervousness in our laughter. I suggested in the last two chapters that both suppression and name-calling are much more common than is often assumed. These are not devices used only by right-wing authoritarians and hypersensitive campus reformers. These tactics are built into contemporary life; they are practiced where we do not notice-by highly trained administrators, elite scholars, and moderate judges.
Powered For profit
Authors: Bradley Betsy Hunter 
Published: October 2023

Abstract
Power generation and distribution were decisive factors in locating, configuring, and operating the works. They also made the factory a master machine. Power generation for manufacturing progressed from water-wheels and turbines, to steam boilers and engines, and then to electric generators. The replacement of the shafting and belting of millwork with individual and group electric drive brought about dramatic changes in the form and use of manufacturing space. Consequently, the age of millwork and the era of electric power are useful categories that reflect the interrelationship between the use of power and industrial building design.
Dissidence
Authors: Dusinberre William 
Published: October 2023

Abstract
In order to refute the old canard that American slaves were content with their lot, historians have carefully attended all evidence of an insurrectionary spirit among the bondsmen and women. The one time in American history when slaves killed a substantial number of whites-the Nat Turner insurrection of 1831, when about fifty-five whites perished-has been studied in loving detail, and has even produced a well-known historical novel. A few facts have been recovered about the only other sizeable nineteenth-century insurrection (near New Orleans in 1811). The stories of two abortive nineteenth-century conspiracies (at Richmond, Virginia, in 1800 and Charleston, South Carolina, in 1822) have been endlessly rehearsed, and the only important eighteenth-century rebellions (at New York City in 1712 and Stono, South Carolina, in 1739) are also well known. Insurrection panics swept nineteenth-century Southern white communities from time to time, and Southern demagogues surely extracted every possible drop of electoral advantage from stirring the deep pool of latent white anxiety.
Afterword: Normative Questions
Authors: Smith Steven D 
Published: October 2023

Abstract
Over the past half century, judges and legal scholars have expended vast amounts of time, thought, and ink in an effort to elucidate the meaning of religious freedom. Their efforts, as I have tried to show, have not succeeded- and, indeed, given the kinds of questions they have asked and the kinds of answers they have tried to supply, could not have succeeded. This is not to say that these efforts have been wasted or that they have been unilluminating. But the judicial and academic project was calculated to produce a convincing and usable principle or theory of religious freedom, and that task has not been and could not have been accomplished. In retrospect, this failure should not be surprising. With respect to the originalist strategy, it is common knowledge that the Constitution’s framers thought that religion was a matter for the states, not for the national government, and hence that express constitutional protection for religious freedom was unnecessary. It is a familiar fact as well that discussions of the religion clauses in the First Congress and in the ratifying legislatures were sparse and apathetic. Given the well-known propensity of politicians to avoid difficult and controversial issues, why should anyone have supposed that the framers, in a relatively few minutes of congressional discussion, would have settled on any substantive principle for resolving some of the most difficult and divisive issues likely to arise in a diverse political community?
Numbers: The Temple Of Time
Authors: Matsuda Matt K 
Published: October 2023

Abstract
Ten days after the fall of Louis Napoleon Bonaparte and the Second Empire, Karl Marx addressed a letter to a colleague: “The drama of the French, therefore also the workers, is in great memories. It is necessary that events put an end once and for all to this reactionary cult of the Past That cult, Marx had once observed, was the French revolutionary tradition of presenting “the new scene of world history” in the “time honored disguise” of Roman republics and empires, a parade of tribunes, virtuous consuls, and glorious Caesars. Since his 18th Brumaire-that mordant analysis of Louis Napoleon’s coup d’etat and accession to power-Marx had warned of a Napoleonic regime legitimating itself by commandeering the “costumes” and “battle slogans” of the Revolution, brandishing them in the reflected glory of the first Bonapartist Empire. Louis Napoleon was the man who could be everything because he was nothing, an empty name easily filled by a people’s nostalgia for his uncle’s imperial greatness. “The French, so long as they were engaged in Revolution, could not get rid of the memory of Napoleon.” Yet, from Danton to Robespierre to Napoleon, Marx recognized that the revolutionaries had done more than merely parade in Roman costume; the trappings may have seized upon the grandeur of an ancient world, but the project was nothing. less than “the task of releasing and setting up modern bourgeois society.”
Distances: In The Revolutionary Garden
Authors: Matsuda Matt K 
Published: October 2023

Abstract
1889, the Universal Exposition at Paris; amid the spectacles and wonders of the Pavillion of Electricity, the Gallery of the Machines, and the stupefying achievement of the Eiffel Tower, the casual visitor to the Exposition might be forgiven for not having spent much time at the Musee d’Ethnographie, with its superb collections of artifacts from Europe, the Pacific Islands, Asia, South America, and Africa. To establish his exhibition at the Galeries du Trocadero with its fabulous display halls, the director Dr. Ernest Ramy requested and received contributions from regional and private collections all over France. Oceania was admirably well represented, in particular the islands of New Caledonia.
Standards and the Arrested Development of Japan’s Microcomputer Software Industry
Authors: Cottrell Thomas 
Published: October 2023

Abstract
This chapter examines the development of the Japanese microcomputer software industry and compares it with the evolution of the U.S. industry. The central contrasting factor is the relationship between the hardware and software industries in each nation. The fragmented hardware standards environment in the Japanese micro-computer industry, I argue, has slowed the development of a vigorous microcomputer software industry in Japan. The more unified architectural environment of the U.S. microcomputer marketplace has (along with other factors) contributed to dramatic growth in this nation’s microcomputer software industry. Surprisingly, in view of the great powers ascribed to its role in other postwar industries, Japanese government policy has been relatively unsuccessful in altering the domestic standards environment to support the growth of the microcomputer software industry.
The Possibilities of Theory
Authors: Hirshman Linda R , Larson Jane E 
Published: October 2023

Abstract
As a political subject, we would expect sexual governance to be part of the estab­ lished body of political philosophy. Yet there exists only a small amount of serious explicit political analysis of heterosexuality. Given that sex matters and that all so;.. cieties recognize its importance by regulating it, this scarcity of attention is surprising. The scarcity of attention is also costly because philosophy gives people their ends, both of a good life for themselves and of the purposes of a good society. In our concrete analysis of history and proposals for change, we will emphasize the technique of bargaining for sexual goods. But the goals of sexual bargaining, and, indeed, the choice ofbargaining as a means, reflect ends set forth by philosophy, its definition of personhood and of a good common life.
Challenging the Republic of Virtue
Authors: Hirshman Linda R , Larson Jane E 
Published: October 2023

Abstract
Thirteen years after Tocqueville proclaimed the superiority of self-sacrificing American wives, a group of women met in Seneca Falls, New York, to consider the “social, civic and religious conditions and rights of woman” and reject their domestic martyrdom. This first official gathering of what would become the women’s rights movement resulted from the refusal of powerful men within abolitionist organizations to recognize female delegates and officers or to allow women to make speeches in public. The meeting at Seneca Falls made history, not least for being the first public demand for the vote by an organized group of women in America.
Conclusion
Authors: Hirshman Linda R , Larson Jane E 
Published: October 2023

Abstract
Sex is political. It is one kind of society that human beings create. Thinking about sex is thinking about the real and ideal organization of human beings in sexual society. Rape is a sexual association of force, like the state of nature. With civil peace, people establish a market economy of sex in prostitution. Sex organized into marriage establishes a polity based on kinship. Sex between individuals, and without force, payment, or kinship negotiations, creates a society of gift or barter.
Bone Marrow Transplantation
Authors: Strauchen James A 
Published: October 2023

Abstract
Bone marrow transplantation is used increasingly widely for the management of hematologic and nonhematologic malignancies, nonneoplastic hematologic disorders, and, experimentally, for the therapy of genetic disorders. Bone marrow transplantation is an accepted therapy for acute granulocytic leukemia, acute lymphocytic leukemia, chronic granulocytic leukemia, non-Hodgkin’s lymphomas, and Hodgkin’s disease refractory to conventional therapy, aplastic anemia, and some forms of congenital immunodeficiency (Armitage, 1994). Bone marrow transplantation is also performed for metastatic breast cancer and other “solid” neoplasms, although its role in these neoplasms is not yet completely defined. Bone marrow transplantation is also being investigated for the therapy of genetic disorders, including thalassemia and sickle cell disease. Bone marrow transplantation is preceded by conditioning with highdose chemotherapy or total-body irradiation to ablate the host marrow and induce immunosuppression, followed by hematologic reconstitution. Hematologic reconstitution may be accomplished with allogeneic marrow (HLA-matched related or unrelated donor), syngeneic (identical twin) marrow, autologous marrow, or autologous peripheral stem cells harvested following mobilization with conventional chemotherapy and growth factors (Rowe et al, 1994). The marrow or peripheral stem cells are infused intravenously, and the stem cells “home” to the conditioned bone marrow. Engraftment and hematologic recovery ensues 10 to 14 days following infusion for autologous procedures, and 14 to 21 days following infusion for allogeneic procedures. Complications of marrow transplantation include infection, interstitial pneumonitis, graft rejection, and graft-versus-host disease. The last complication is a consequence of transplantation of donor T lymphocytes that react to host tissues.
Chronic Myeloproliferative Disorders
Authors: Strauchen James A 
Published: October 2023

Abstract
The chronic myeloproliferative disorders are clonal disorders of hematopoiesis characterized by proliferation of one or more hematopoietic cell lines, development of marrow fibrosis, and an increased incidence of acute granulocytic leukemia. The disorders usually considered in this group are polycythemia vera, myeloid metaplasia-myelofibrosis, and essential thrombocythemia. Polycythemia vera is a chronic myeloproliferative disorder characterized by increased red cell mass. Patients with polycythemia vera present with symptoms related to increased red cell mass, including plethora, venous engorgement, thrombosis, or bleeding. Patients may also present with splenomegaly or with symptoms related to increased basophils and hyperhistaminemia (postbath pruritis). The blood count shows an increase in hematocrit, increased red blood cell count and hemoglobin, increased platelet count, and increased white blood cell count. The red cell mass, as measured by dilution of chromiumradiolabeled red blood cells, is elevated (greater than 36 ml/kg in men; greater than 32 ml/kg in women). The arterial oxygen saturation is normal in the absence of complicating disease.
Protozoan Infections
Authors: Strauchen James A 
Published: October 2023

Abstract
The bone marrow may be involved in several protozoan infections of man, including toxoplasmosis, visceral leishmaniasis, and malaria. Pneumocystis carinii, an organism of uncertain classification, has historically been classified with the protozoa and will also be considered in this group. Pneumocystis carinii is an organism of uncertain classification that is an important cause of pneumonitis in immunocompromised hosts and rarely causes disseminated extrapulmonary disease. Pneumocystis carinii was originally recognized as a cause of pneumonitis in marasmic infants and is an important cause of pneumonitis in immunocompromised hosts, including patients with hematologic malignancies and, in particular, patients with the acquired immunodeficiency syndrome. Pneumocystis carinii has historically been classified with the protozoans; however, recent molecular evidence suggests it is a fungus (Edman et al, 1988). Patients with Pneumocystis carinii pneumonitis present with fever, pulmonary infiltrates, and hypoxemia. Pneumocystis carinii pneumonitis is characterized by eosinophilic foamy intraalveolar exudates. The organisms (intracystic bodies) are seen on H & E-stained sections as tiny basophilic dots (Frenkel, 1976). Methenamine silver stain reveals the characteristic encysted form of the organism. Extrapulmonary dissemination is rare, but may occur in patients with the acquired immunodeficiency syndrome. Sites of extrapulmonary involvement have included lymph nodes, the bone marrow, and other organs.
Introduction: Law Amid Diversity
Authors: Sunstein Cass R 
Published: October 2023

Abstract
There is a familiar image of justice. She is a single figure. She is a goddess, emphatically not a human being. She is blindfolded. She holds a scale.
In the real world, the law cannot be represented by a single figure. Legal institutions consist of many people. Courts are run by human beings, not by a god or goddess. Judges need not be blindfolded; what they should be blind to is perhaps the key question for law. And judges have no scale. Far from having a scale, they must operate in the face of a particular kind of social heterogeneity: sharp and often intractable disagreements on matters of basic principle.
Without Reasons, Without Rules
Authors: Sunstein Cass R 
Published: October 2023

Abstract
We have seen serious problems with rule-bound judgments; it is time to turn to a different way of deciding cases. Problems with rules can push participants in law in the direction of standards, analogies, or some combination of the two. Such problems may even lead in the direction of entirely case-specific judgments, and it is here—with what we might call wholly untheorized outcomes—that I shall begin.
Interpretation
Authors: Sunstein Cass R 
Published: October 2023

Abstract
We have seen that interpretation is a pervasive part of legal thinking. The Constitution says that “Congress shall make no law abridging the freedom of speech”; what does this mean? What strategies should we use in deciding what it means? A statute authorizes the Environmental Protection Agency to issue regulations governing hazardous waste “as may be necessary to protect human health.” What, then, are the legal limits on the agency’s power?
Such questions are pervasive, and they have immense practical importance. They must be asked not only by judges but also by legislators, administrators, and citizens trying to understand what the law is. In this chapter, I seek to show that many debates over interpretation are disguised debates over whether rules are possible and, if possible, desirable. I also argue that we are unlikely to find a good general theory of interpretation. Interpretive practices are highly dependent on context and on role. and by abstracting from context and role, any theory is likely to prove uninformatively broad or to go badly wrong in particular cases. For similar reasons, there is no such thing as a good general theory of legal interpretation, though some general claims about interpretation in law can clarify matters and guide inquiry.
The Fateful Spring of 1938:Austrian Anschlu and the May Crisis
Authors: Lukes Igor 
Published: October 2023

Abstract
Joseph Stalin’s purge of Red Army officers continued for many months after the execution of Marshal Tukhachevsky, and by the late summer of 1937 the terror had spread to envelop large segments of Soviet society. When the Czechoslovak minister Bohdan Pavlu returned to Moscow after a brief vacation he reported that the atmosphere in the country reminded him of the calm after a hailstorm. In Moscow, so many officials had disappeared that foreign diplomats could not find anyone with enough authority to make decisions. Normal diplomatic life had become almost impossible. Only the highest-ranking bureaucrats were trusted to repeat the official cliches. President Benes had hoped in June 1937 that “unmasking” the so-called Tukhachevsky conspiracy would stabilize the Soviet Union. But by the fall the purge had spread from the armed forces to undermine other pillars of Soviet society. There seemed to be no prospect for consolidation. Benes for the moment abandoned the hope that the Soviet Union, a country in such a deep crisis, would be in a position to come to Czechoslovakia’s assistance against Adolf Hitler, and he said so openly to the U.S. minister in Prague. As 1937 came to a close, many diplomats posted in the Soviet Union thought that the country had ceased to be a military power; some argued that the Red Army could not even mobilize. Moscow’s image as a potential partner in an alliance of antifascist states in Europe had been damaged.