bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Chamel House
Authors: Dusinberre William 
Published: October 2023

Abstract
Callousness, not paternalist benevolence, was the hallmark of many American masters’ relation to their slaves. Edwin Epps, a small Louisiana cotton farmer in 1850, brutally flogged a helpless slave woman Patsey of whom he was sexually jealous, and stabbed the unoffending elderly slave Abram during one of Epps’s regular drunken fits. The rich and genteel Louisiana planter Bennet Barrow and his neighbor Ruffin exhibited their own heartlessness in pursuing Ruffin’s fugitive slave with dogs, twice ordering the beasts to chew the black man when they caught him. When the dogs had tracked the fugitive, they soon “had him up & a going, And never in my life did I ever see as excited beings as R[uffin] and myself, ran 1/2 miles & caught him. Dogs soon tore him naked, took him Home Before the other negro[es] at dark & made the dogs give him another over hauling.”1 The savagery of an Epps or a Barrow was not uncommon in the burgeoning Southwest, where the mid-nineteenth-century cotton boom impelled masters to push their slaves ruthlessly. But well-bred planters on the long-settled Atlantic coast could have been expected to display a more benevolent spirit than those of the South-west. The Atlantic coast was the stronghold of paternalist ideology, and one might have supposed that the masters’ conduct there would reflect their paternalist rhetoric.
Unhappy Families
Authors: Dusinberre William 
Published: October 2023

Abstract
Slavery, scholars once supposed, largely destroyed nuclear family structures among its victims. Opinion later swung to an opposite extreme. The bondsmen and women, heroically resisting the destructive tendencies of slavery, were now seen as active shapers of their own destinies, forging resilient family institutions which continued effectively to serve black people well into the twentieth century. But a more realistic reassessment of the slaves’ family lives may be under way. Certainly the Manigault records lend little support to an optimistic view of the bondsmen and women’s family circumstances. So much is known about those sixty-one slaves living at Gowrie late in 1848 that one can reconstruct their family histories perhaps more completely than at any other plantation in America.1 The annual slave lists, and the overseers’ letters to their employers, present an appalling picture of family hardship. And the masters’ policy-far from strengthening the slaves’ family institutions through paternalistic benevolence-surely weakened them. Nearly all of these sixty-one slaves were members of six extended families. Three were already at Gowrie when Manigault bought it in 1833; a fourth comprised the “Savage gang” (Georgia slaves whom Manigault purchased from the William Savage estate in 1839); and two came from Silk Hope, Manigault’s principal South Carolina plantation, whence he had deported them to supply Gowrie’s voracious appetite for new slaves.
Degradation
Authors: Dusinberre William 
Published: October 2023

Abstract
The masters’ indifference toward the health of black women and their children was one strand in a more general pattern of dishonoring slaves. At first sight the motives for this degradation might appear straightforward. If an overseer forced sex upon a slave woman, his purpose was apparent. Similarly, whipping a slave was obviously aimed at impelling harder work. And money saved on furnishing the slaves’ infirmary might pay for the master’s expensive medieval ball costume. Yet the degradation of slaves served other functions beyond these uncomplicated ones. When a master had the power to act contemptuously toward a slave, might there not sometimes be satisfaction in doing so? And if black people could be made to feel their degradation, might they not become easier to govern? Kemble’s long stay at the Butler estate offered her more opportunities to observe this dishonoring of slaves than were afforded to transient visitors like Sir Charles Lyell or even Frederick Olmsted. She learned something of miscegenation, much about discipline, and even more about the whole system of degrading the slaves.
Privileged Slaves
Authors: Dusinberre William 
Published: October 2023

Abstract
There was more to managing his laborers, in Allston’s view, than imposing firm discipline, hiring an overseer who had eyes at the back of his head, reducing the turnover among overseers, and giving an overseer “backing” if he threatened to be not quite severe enough. Order having been established, the next step was to temper despotism. This might be achieved by extending certain privileges to all of the slaves; by devising-in the absence of cash wages-alternative incentives for good work; and by trying to win over exceptional slaves by giving them special privileges. All such extensions of privilege offered the master substantial returns, and these returns were not solely economic. The pleasures of exercising dominion-of bestowing favor upon sycophantic menials-were intense. And the philanthropic sense of elevating the condition of deserving underlings was balm to a master’s soul.
The Rights Revolution
Authors: Walker Samuel 
Published: October 2023

Abstract
The most dramatic change in American society in the last forty years has been the explosive growth of personal rights, a veritable "rights revolution" that is perceived by both conservatives and liberals as a threat to traditional values and our sense of community. Is it possible that our pursuit of personal rights is driving our country toward moral collapse? In The Rights Revolution, Samuel Walker answers this question with an emphatic no. The "rights revolution," says Walker, is the embodiment of the American ideals of morality and community. He argues that the critics of personal rights--from conservatives such as Robert Bork to liberals such as Michael Sandel--often forget the blatant injustices perpetrated against minorities such as women, homosexuals, African-Americans, and mentally handicapped citizens before the civil ights movement. They attack "identity politics" policies such as affirmative action, but fail to offer any reasonable solution to the dilemma of how to overcome exclusion in a society with such a powerful legacy of discrimination. Communitarians, who offer the most comprehensive alternative to a rights-oriented society, rarely define what they mean by community. What happens when conflicts arise between different notions of community? Walker concedes that the expansion of individual rights does present problems, but insists that the gains far outweigh the losses. And he reminds us that the absolute protection of our individual rights is our best defense against discrimination and injustice. The Rights Revolution is an impassioned call to honor the personal rights of all American citizens, and to embrace an enriched sense of democracy, tolerance, and community in our nation.
Introduction: Rethinking “Rethinking Religious Liberty”
Authors: Smith Steven D 
Published: October 2023

Abstract
Although the need for “ rethinking’’ something or other is a perennial theme in legal literature, calls for ( and attempts at) rethinking religious liberty seem to have proliferated of late. This development may or may not be wholesome, but it is hardly surprising. By the late 1980s it may have seemed that the constructions given by the Supreme Court to the religion clauses - to the clauses of the First Amendment which provide that “ Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof ...”-had stabilized, for better or worse. Then, in 1990, the Court’s decision in the “peyote case” upset what had been taken to be settled free exercise clause doctrine; in doing so, the decision also upset scores of commentators. Two years later, the Court’s decision in Lee v. Weisman, the graduation prayer case, left it unclear whether the Court’s establishment clause doctrine, or the so-called Lemon test, still enjoyed the support of a majority of the justices. Doctrinal changes seem in the offing, and such changes naturally provoke pleas for “ rethinking.”These pleas would likely be forthcoming, however, even if the doctrine were more secure. In fact, even when the verbal formulations themselves seemed stable, the Court’s religion clause doctrines seemed next to useless anyway. Douglas Lay cock had described the Court’s establishment clause formula as “so elastic in its application that it means everything and nothing.” John Mansfield’s view was probably representative: The Court’s religion clause decisions refleeted “the incantation of verbal formulae devoid of explanatory value.”
The Jurisdictional Character Of The Religion Clauses
Authors: Smith Steven D 
Published: October 2023

Abstract
In this chapter I will argue that an originalist approach to the religion clauses tells us nothing about the substantive meaning of religious freedom. My argument does not rely on standard objections to originalist interpretation that emphasize the indeterminacy of the constitutional text or the conundrums that plague the concept of “ framers’ intent.” The reason why the originalist approach provides no assistance with respect to the legal content of religious freedom, I will argue, is not that we cannot ascertain the original meaning of the religion clauses. On the contrary, we can discern what was probably their essential meaning, and when we do so we discover that the religion clauses were purely jurisdictional in nature; they did not adopt any substantive right or principle of religious freedom. This conclusion is not based on any newly discovered historical evidence or on any novel method of textual interpretation. Rather, the conclusion results from working out the implications of historical facts that are already familiar to and widely accepted by scholars interested in this area. I emphasize that I will not rely, in the next few chapters, on any evidence that is not well known, and indeed readily accessible not only in primary sources but also in a number of secondary works to be found in most academic libraries. My purpose is simply to face up more fully than most judges and scholars have done to the implications of that evidence implications that I believe are plausible and even compelling once we clear away the misformulated inquiries that have caused us to overlook, or at least fail to appreciate, the obvious.
The Nullification Of Original Meaning
Authors: Smith Steven D 
Published: October 2023

Abstract
Modern legal scholarship considering the historical meaning of the religion clauses presents a spectacle of frustration. Some of that scholarship is sloppy and tendentious - “ law office” history1 -while some is searching and careful. But even the most careful efforts seem to have brought us no closer to any consensus or any demonstrably correct construction regarding the religion clauses. The foregoing discussion suggests that this failure was foreordained in the questions that modern judges and scholars have asked. In addition, the misconceived focus of the modern inquiry means that even when scholars admit defeat in the originalist quest, they do so for the wrong reasons, and they mistake the consequences of giving up on original meaning. At the first stage of this process, judges and scholars have found ample material to work on. The enactors of the religion clauses may not have said much of substance in debating those clauses, but in other contexts many of them and their contemporaries expressed themselves voluminously on issues of religious freedom. Hence, judges and scholars have found a wealth of indirect evidence from which to fashion an interpretation-or, rather, a multitude of conflicting interpretations.
The Theory Project
Authors: Smith Steven D 
Published: October 2023

Abstract
We cannot determine which among the numerous principles of religious freedom is “ the Constitution’s principle” by looking to the original meaning of the religion clauses. But if originalism cannot tell us what religious freedom means under the Constitution, what alternative is left us? To many legal scholars, the answer may seem evident: If text and history cannot determine what religious freedom means under the Constitution, then we must undertake a theoretical assessment of the various versions of religious freedom to determine which of those versions is the most plausible, or the most theoretically attractive. Much modern legal scholarship is devoted to just this task that is, articulating a theoretical defense and elaboration of one or another principle prescribing the appropriate relationship between government and religion. The next several chapters assess that theoretical enterprise. Before considering specific theoretical approaches and problems, however, it is helpful to reflect briefly on the nature of this project. What is it that prompts lawyers and judges to seek refuge in “ theory”? What do they hope to achieve, and are those hopes realistic? Is theorizing inevitable, or are there alternatives?
A Secular Theory Of Religious Freedom?
Authors: Smith Steven D 
Published: October 2023

Abstract
A possible response to the preceding discussion would be to concede the basic point and then simply forge ahead. Perhaps the attempt to equate secularism with neutrality is implausible, and “preferred position” theorizing is the only kind of theorizing there is. Why not just drop the pretense of neutrality, openly proclaim that the preferred position is a secular one, and then proceed to construct a theory of religious freedom on the basis of avowedly secular premises? The theory could be neutrally applied, perhaps; if it is not neutral in its selection of background beliefs or premises, it could hardly be condemned for that reason, since neutrality at that level is impossible in any event. The foregoing chapters already suggest threshold objections to this proposal. First, an openly non neutral theory is not what judges and legal scholars have aspired to provide. More important, there is good reason for their loftier aspirations: As discussed in chapter 6, even if a theory can be constructed on the basis of non neutral secular premises (or, for that matter, non neutral religious premises), it is doubtful whether this could aptly be described as a theory of “religious freedom.”
The CUP, Other Opposition Forces, and the Sultan
Authors: Hanioğlu M Şükrü 
Published: October 2023

Abstract
Historians of the age of Abdülhamid II have tended to lump together all opposition to the Hamidian state under the rubric of Young Turk opposition. This usage, however, has created confusion. The CUP, which initiated the era of Young Turk rule in 1908, was by no means the sole opposition to Sultan Abdülhamid II between 1876 and 1908. A careful examination of the evidence shows that the CUP did not become a prominent actor until 1894-1895, and its prior activities were quite insignificant. More important in these first phases were the Freemasons and such lesser-known organizations as Le Parti Constitutionnel en Turquie, Le Comite Turco-Syrien, and the Cemiyet-i İ lmiye, the society of the ulema. Also deserving of mention are the activities of high-ranking government officials, governors, and palace officials.In the late Ottoman Empire, during the period 1876-1908, the Freemasons were undoubtedly among the most active opposition organizations. Although this group has been the subject of several articles and has been discussed at some length in a book, none of these works has paid much attention to its activities before 1902.1 Instead, the focus has been on its relations with the Osmanh Hurriyet Cemiyeti (The Ottoman Freedom Society founded in 1906) and its impact on the political life of the Ottoman Empire after the Young Turk Revolution of 1908.
Petty Intrigue and Conspiracy: The CUP, 1898-1900
Authors: Hanioğlu M Şükrü 
Published: October 2023

Abstract
Although the Young Turks viewed the Contrexeville agreement an “armistice” and a “change in opposition style,” outside observers saw the movement as terminating except for the work of Ahmed Riza and his comrades in Paris. Salim Faris tried to exploit the situation and to dominate the movement by claiming that his “was the only opposition journal in Europe published in Turkish.” To destroy the Young Turk movement in England, the palace launched a campaign against the opposition groups in London, resulting in negotiations that effected withdrawal of Salim Faris from the movement and the closure of Hürriyet.Under these conditions Ahmed Riza decided to revitalize the movement. His friends sent letters to French newspapers refuting claims reported in those dailies that Murad Bey and his associates were the legitimate representatives of the Young Turk movement. Ahmed Riza also published an open letter to French deputies and senators to promote the aims of the movement. The stalwartness of his views earned him wide support among the Young Turks, even among members of Murad Bey’s faction who had decided to return to the country. Some members wrote that in their eyes “there is no difference whether one uses the years 108, 1312, or 1896.
The Short History of an Idea
Authors: Zimring Franklin E , Hawkins Gordon 
Published: October 2023

Abstract
When President Gerald Ford addressed Yale University Law School’s Sesquicentennial Convocation Dinner in April 1975, he devoted most of his speech to the crime problem. ‘The core” of the problem, he said, consisted of “relatively few persistent criminals ... a very small percentage of the whole population.” The solution to the problem, he suggested, was “to get them off the street.”
From Production to Reproduction: The Population Principle
Authors: Drescher Seymour 
Published: October 2023

Abstract
In 1788 abolitionism burst into British politics on a wave of popular petitions. In their preliminary tracts, abolitionist writers did not hesitate to invoke Adam Smith’s principle of the superiority of free labor. James Ramsay, the first polemicist against Caribbean slavery in the 1780s, casually invoked the free labor ideology against the West India interest. Humanity could anticipate emancipation without qualms because “he who can procure a freeman to work for him, will never employ a slave.” By a reckoning that was to be commonplace during the age of abolition, a free laborer doubled the output of a slave. Moreover, when a freeman died, his place was supplied by “natural” generation, not at “enormous expense” from the slave market. Thomas Clarkson, the abolitionist movement’s first national canvasser, boasted that sugar was already being raised by freemen in Cochin, China, at one-seventh the cost of British Caribbean production.
Introduction
Authors: Huggins Nathan Irvin 
Published: October 2023

Abstract
We risk distortion and inaccuracy when we pick out one moment in time, whether a century or a decade, as a crucial point of change. We are, nevertheless, tempted to do it because it is a convenient way to give focus to a process. We like to conceive of a line; on one side we see the old way, and on the other side we see the old transformed into something new. So it has been with the Harlem Renaissance, both for those who were a part of it as well as for us who look to it as the point of change in Afro-American culture. For it appears that in the decade of the 1920s, the Afro-American came of age; he became self-assertive and racially conscious as if for the first time. He proclaimed himself to be a man and deserving of respect, not a ward of society, nor a creature to be helped, pitied, or explained away. Those Afro-Americans who were part of that decade of change-roughly between World War I and the Great Depression-saw themselves as principals in that moment of transformation from the old to the new. Thus, for them, the expression “New Negro” told the world of their self-concept. They characterized this “New Negro,” this new man, as having shed the costume of the shuffling darky, the uncle and aunty, the subservient and docile retainer, the clown. He was, rather, a man and a citizen in his own right intelligent, articulate, self-assured. The “New Negro” was telling all Americans that it was a new ballgame, and that he was a revived and inspired competitor. No longer could he be dismissed by contempt, pity, or terror. He would insist upon his rights and, if necessary, return violence, blow for blow. It was all suggestive of the shift in sentiment from the leadership of Booker T. Washington to that of W. E. B. DuBois.
Identities: Doctor, Judge, Vagabond
Authors: Matsuda Matt K 
Published: October 2023

Abstract
Writers Joris Karl Huysmans and Max Nordau were not the only ones to talk about the “fin de siecle” in the 1890s. Joseph Vacher also used the term on his way to the guillotine. The sensational and grisly case of Vacher as revealed by Emile Fourquet, a juge d’instruction at Belley, and the medical-legalist Alexandre Lassacagne implicated the “King of Assassins” in a series of brutal and violent murders of ten adolescents four male and six female-and one older woman over a period of four years. Fourquet called Vacher a “criminal vagabond,” a fascinating designation in which the definition of vagabondage (vagrancy) itself was part of the crime. The particularity of the Vacher case rested in the extreme difficulty the investigators faced in tracking down the murderer, then retracing, reconstructing, and linking his crimes together. Vacher’s relentless wanderings, his movements, his “rapid movements and counter-movements” were, according to Fourquet, “a splendid demonstration of the extreme elusiveness of vagabond criminals.” The Vacher case was a search not just for a killer, but a killer who incarnated relentless movement.
The Peripheral Vascular Integrator
Authors: Korner Paul 
Published: October 2023

Abstract
A brief account of the main cell types in the vascular wall and their sympathetic innervation is followed by discussion of myogenic and metabolic regulation and how they are affected by EH. In the intact organism, the vascular tone of a given bed depends on interactions between local and neurohumoral factors. The vascular endothelium is the source of additional modulators of vascular tone, including nitric oxide (NO) and other autacoids. These too are affected by EH and, in conjunction with the structural changes in resistance vessels and conduit arteries, make a substantial contribution to the progressive rise in BP and the long-term deterioration of vital organ function.
Female Sensibility
Authors: Steinbrügge Lieselotte , Selwyn Pamela E 
Published: October 2023

Abstract
In the end, it was Rousseau’s concept of the moral sex that came to set the terms for the late-Enlightenment querelle des femmes. Almost all texts on woman written in Rousseau’s wake testify to the broad dissemination of Emile and La Nouvelle Héloïse in the second half of the eighteenth century. The striking effect this image of woman had cannot be explained solely by social historical arguments, let alone reduced to a patriarchal power game. Rather, Rousseau’s model succeeded in responding to particular deficiencies of the nascent new society. In a world increasingly organized along utilitarian principles, the persistence of compassion became more problematic. It is precisely this aspect that contemporary “popular” texts on the woman question took up. Discussions of woman’s sensibility replaced the rationalist debates about her intellect. I would like to begin in this context by returning to Thomas, whose Essai is typical of the reception of Rousseau’s image of woman by an “enlightened” public.