bluuebunny/crossref_metadata_2025_split huggingface dataset:
The USAA: As Amended by the Supreme Court
Authors: Macneil Ian R 
Published: November 2023

Abstract
In 1938 the Supreme Court handed down its landmark decision in Erie RR. v. Tompkins (U.S. 1938) overruling Swift v. Tyson (U.S. 1842) and requiring federal courts to apply state substantive law in diversity of citizenship cases, rather than federal common law. This notable case, however, gave every appearance of being a non event in the history of the USAA. The USAA was a statute aimed at governing the procedure in federal courts, not the substantive law those courts applied. The act did not therefore depend upon the continuing validity of Swift. Moreover, Erie constituted a reduction rather than an increase in federal power. It thus appeared at first, if anyone bothered to think about it, that Erie would have no effect on the USAA. In diversity cases concerning transactions not involving commerce, the USAA was generally thought to be inapplicable by its terms.4 In diversity cases concerning transactions involving commerce, the USAA appeared undoubtedly to be applicable.
The Legal Consequences
Authors: Macneil Ian R 
Published: November 2023

Abstract
Encapsulated in their entirety, the changes achieved by Prima Paint, Southland, and their kin constitute a transformation of the USAA worthy of the best of medieval alchemists. From birth through its first thirty-five years or more, the USAA was a procedural statute applicable only in the federal courts. As such, its constitutional basis lay in congressional power to regulate procedures in the federal courts, rather than in its power over commerce. Thus the provision in section 2 relating to commerce was a limitation, rather than the foundation of the statute. It was a severe limitation; what constituted a transaction involving com merce within the meaning of the USAA was viewed narrowly, even after the great judicial expansion of the commerce clause in the 1940s.
Internationalization
Authors: Macneil Ian R 
Published: November 2023

Abstract
In 1922, the New York Chamber of Commerce, which had been a driving force in the enactment of the 1920 New York act, collabo rated with a committee of the American Bar Association to draft a model arbitration treaty. The model treaty was the third of the three reform measures intended to transform the American law of arbitration, the others being a Uniform Arbitration Act3 and the United States Arbitration Act.
The National Question, Secession and Constitutionalism: The Mediation of Competing Claims to Self-Determination
Authors: An-Na’im Abdullahi Ahmed 
Published: November 2023

Abstract
For better and for worse, the nation state1 is now the funamental reality of both domestic and internationl political organization, and is likely to continue to be so for the foreseeable future. Yet, to think of a “nation” as a people of single ethnicity and culture, as is often, done limits our understanding of what a nation is, and forecloses the possibility of thinking realistically about the status of minorities within nations; it is very rare for the population of a nation state to consist of one nation in this sense. In the vast majority of countries, especially in Africa, the population of the nation state consist of several “nations”; a description of these entities as nation states tends to express an ideal of total national integration and unity, which may not be as desirable as it is often assumed. The nation state usually subsumes many “nations,” some of whom dominate and oppress others; and the ideal integration and unity often imply the assimilation of the minority peoples (who may be, in aggregate, the numerical majority of the population of the state as a whole) into the dominant culture.
Uses and Usurpation of Constitutional Ideology
Authors: Coomaraswamy Radhika 
Published: November 2023

Abstract
On January 2, 1988, the second executive president of Sri Lanka took his oaths of office. From the sacred octagonal of the Dalada Maligawa (the temple of the Buddha’s tooth), in the presence of the Buddhist clergy, he swore to uphold and defend the Constitution of Sri Lanka. The president paid traditional obeisance to the relic, and to the clergy. His speech, however, reflected the cirsis of our times, the problems of pluralism, of constitutional liberties, and of geopolitical realities. The event was of historic significance because the president, whose origins in other than the traditional elite, was ritually reenacting the legitimation rights of the ancient kings, in whose day he would have been denied access to the inner sanctum of the temple.
Social Movements and Constitutionalism: The African Context
Authors: Mamdani Mahmood 
Published: November 2023

Abstract
Are human rights a western invention? Is the very conception and accompanying notion of constitutionalism a legal process that sets definite limits on the exercise of political power, specifically inventions of the seventeenth-century enlightenment philosophers, and ideological products of the French and the American revolutions? And thus, is any talk of human rights in Africa tantamount to a mechanical import of a western bourgeois ideological conception without the struggles and the relations that gave rise to it in the first place? if one ignores this daily, universal fact of revolt. Only those aware of rights infringed and dignity flouted can be indignant. Only by remaining silent about this commonly experienced fact, or by considerably reducing its implications, is it possible to make human rights an invention of Western culture.
Providing for the Common Defense: What Latin American Constitutions Have to Say About The Region’s Armed Forces
Authors: Rial Juan 
Published: November 2023

Abstract
The countries of Latin America, with the exception of Mexico, retain constitutions that resemble those found in the liberal states of the west; in fact, these early documents were based on European conceptions of constitutionalism, implying ongoing legislative control over the actions of the executive as well as a lasting commitment by the legislature to administer order in such a way as to prevent the violation of its ules.1 The approach to constitutionalism in Latin America is based on the European theory of the etat de droitand the practice of the German Rechtstaat,which differs considerably from the Anglo Saxon tradition of rule of law.
Parliamentary Democracy in Europe 1992: Tentative Questions and Answers
Authors: Weiler Joseph H H 
Published: November 2023

Abstract
In December 1990, the governments of the member states of the European Community (EC) opened two Intergovernmental Conferences representing a new stage in the process of European integration. One conference will deal with the move to full economic and monetary union and the other witn further steps toward European political union. Thus, the community is planning its post-1992 destiny, after the achievement of the single market. Central to the discussion of institutional change in this post-1992 destiny will be the question of the powers and functions of the European Parliament and the democracy deficit of the community.
The Necessity and Impossibility of Simultaneous Economic and Political Reform
Authors: Elster Jon 
Published: November 2023

Abstract
In eastern Europe, including the Soviet Union, many countries are currently trying to establish economic and political regimes that will guarantee individual rights, ensure popular participation in decision making, and generate equitable economic growth. Within a few years, China may try to follow the same path. Although disagreement may arise over the precise institutional design that would best promote these goals, there is a broad consensus concerning the basic ingredients that will have to go into any such system: constitutional democracy, competitive markets, and a welfare state. My concern here is not to discuss the issue of optimal design. Rather, I want to discuss a question that, from the practical point of view, must be prior to that issue: assuming that we identified the optimal system, how could it be brought about? Or, in other words, how to get from here to there?
Iberian Case Study: The Constitutionalism of Democratization
Authors: Tura Jordi Sole 
Published: November 2023

Abstract
The notion of an “Iberian Case” is a somewhat eccentric one. Of course, Spain and Portugal are geographically close and, at first glance, their similarities are marked: both countries were subdued by dictatorships through the same periods of the present century, both experienced important processes of transition from dictatorship to democracy in basically pacific modes and in the same decade, and both entered the European Economic Community at the same time. Further, the modern political history of both countries demonstrates an astounding set of parallelisms: the source of the first Portuguese Constitution (1822) is the first Spanish Constitution of 1808; the nineteenth-century civil wars between abso lutists and liberals are parallel processes; the dictatorship of General Primo de Rivera in Spain corresponds to the military dictatorship in Portugal before the Estado Novoof Oliveira Salazar; and the “revolution” of April 1974 in Portugal and the Constitution of 1976 are immediate precedents of the beginning of the transition and the constitutional process in Spain.1
The Role of the State: Contradictions 1n the Transition to Democracy
Authors: Kolarska-Bobinska Lena 
Published: November 2023

Abstract
The evolution in east European countries is usually analyzed as a movement on an axis with the market and democracy as one of its poles. That analysis places the transition period on that axis and perceives its solutions as functional to the goal. I shall argue, however, that this period has a dynamic and logic of its own, which evoke tendencies contradictory to the logic of the market and democracy.
Rule by Law in East Central Europe: Is the Emperor’s New Suit a Straitjacket?
Authors: Saj6 Andras , Losonci Vera 
Published: November 2023

Abstract
This chapter analyzes the new legalistic trends developing in east European socialist countries, considering events in Czechoslovakia, in Hungary, and in Poland; it only occasionally refers to Rumania, Bulgaria, Yugoslavia, and the Soviet Republics. Repudiating the earlier system, emerging leaders promise a liberal legal system. It is not clear, however, whether the attempts to create this new legal framework aim at establishing a rule by law or a rule of law system. Rechtsstaatand rule of law are used as having separate meanings. Rechtsstiiat /ichkeitis the functional equivalent of the rule in a society such as Germany where the state and its bureaucracy play a more prominent role than these institutions had in the formative period of the rule of law tradition in Anglo Saxon countries. The role of the judiciary also differs.
Latin America: Constitutionalism and the Political Traditions of Liberalism and Socialism
Authors: Boron Atilio A 
Published: November 2023

Abstract
It is impossible not to be shocked by the wide gap dividing Latin America’s history of constitutions and the weakness of its constitutionalist tradition. In this sense I would say that the concrete operation of constitutionalism in Latin America has largely been a fraud. The record on the continent since independence is layered with constitutions tailored to please the ambitions of the powerful and marked by the utter inability to provide for the establishment of a vigorous constitutionalism.
Not by Politics Alone: Unwrapping the Revolution of 1989
Authors: Weigel George 
Published: November 2023

Abstract
The collapse of the communist regimes in central and eastern Europe and their replacement by democratic governments in Poland, Hungary, the German Democratic Republic (GDR), and Czechoslovakia dramatically changed the face of the twentieth century. Moreover, the Revolution of 1989 was the work of courageous men and women who self-consciously identified their cause with the larger cause of human freedom: by which they meant the political values whose protection had been understood, since 1945, to have been the special charge of the countries called “the West.” And yet in the United States, and more generally throughout western political, media, and academic circles, there has been a curious lack of agreement on the sources of the Revolution of 1989: the combination and correlation of forces that led (nonviolently no less) to what had long seemed so difficult as to be virtually impossible—the disintegration of Stalin’s post–World War II empire, and the return of what used to be called “captive nations” to the house of Europe. Indeed, and judging from the timorous reactions of many in its political elite, the West has barely begun to grasp the very good news that the Revolution of 1989 happened. But it has not even begun to grapple seriously with the questions of why the revolution happened, when it did, and how it did.
The Wojtyla Difference
Authors: Weigel George 
Published: November 2023

Abstract
His motto, Totus tuus (“All yours”), reflects his dedication to the Blessed Virgin Mary who stands beneath the cross of the Christ on the shield of his papal coat of arms. But the distinctive ministry of Karol Wojtyla, the pope who came to Rome armed with a heroic hope, might also be captured by another Latin phrase: Nolite timere, “Be not afraid!”, the words spoken by Jesus to his apostles during the storm on the Sea of Galilee (Mark 6.50). Three times during his first great sermon on October 22, 1978, at his solemn installation as bishop of Rome, John Paul II repeated that call to conscience and courage: “Be not afraid!” The message rang true because it was drawn from a deep well of personal experience and conviction.
Czechoslovakia: A Church Reborn in Resistance
Authors: Weigel George 
Published: November 2023

Abstract
Václav Havel, playwright and quondam antipolitician chosen president of Czechoslovakia in 1989, has been celebrated throughout the world as the author, director, protagonist, and impresario of the Velvet Revolution in his country. And with good reason, for his leadership, which reflected widespread respect for his personal integrity, was indispensable. Havel showed great political skill in November and December 1989. But he also defined the moral nature of the revolution in exquisitely apt terms, as he had once defined with insight and literary elegance the moral corruption that was the essence of the communist system overthrown by the revolutionaries of the Magic Lantern Theater.1 Still, Václav Havel would probably acknowledge that, like Churchill, his was the voice that gave the roar produced by a lion greater than himself. A significant part of that roar came from an institution once thought to have been tamed by the communists into an aging and domesticated house cat without will, tooth, or claws: the Roman Catholic Church in Czechoslovakia.
The Dual Meaning of Religiosity: Women, Men, and Morality
Authors: Sered Susan Starr 
Published: November 2023

Abstract
This chapter continues to investigate the ways in which women maneuver upon the stage of patriarchal religion. Examining how the women of the Day Center perceive male and female religiosity and how they describe the perfectly religious woman and the per fectly religious man, we shall see that they interpret the essence of religious activity [mitzvah1] in light of their domestic religious concerns. In discussions with the women, they consistently spoke of religion for women as equating religion for humans, while men ‘s religion stood in contrast to both.
From the Female Perspective
Authors: Sered Susan Starr 
Published: November 2023

Abstract
Both the rabbi and the rabbanit who teach Judaica lessons to the audience at the Day Center present the normative Jew as male. In her lessons the rabbanit frequently says things like, “We should not have sexual contact too frequently with women. “ Now, her au dience is entirely female, and it is unlikely that Rabbanit Zohara intends to preach against homosexuality. Rather, she chooses to identify herself with the brand of Judaism that defines maleness as normative and femaleness as “Other. “ On one occasion she told the women that “everyone should learn Torah everyday. “ Her audience, being illiterate and female, could not possibly be expected to be come Torah scholars. Rather, she has described the “Jewish “ norm of Torah study, which in reality is a male norm.
Ritual Expertise in the Modern World
Authors: Sered Susan Starr 
Published: November 2023

Abstract
A number of studies have noted the effects of modernization upon the lives of women.1 As the traditional extended family disinte grates and wage-labor replaces reciprocity, women often lose the power that derived from their traditional social and economic expertise and from their kin- and village-based support networks. In this chapter I ask how modernization affects women ‘s religious lives. This question has received little attention in studies of religious change, which have looked almost exclusively at men ‘s experiences.2 At the time of my fieldwork, the female-oriented religious traditions of the Day Center women were deeply threatened both by modern secular culture and by the masculine, Ashkenazi religious establishment in Israel. Despite the rather vulnerable status of women ‘s religion, the Day Center women felt that modern Israel provided them with new and meaningful opportunities for religious expression. Their interest in novel religious activities, however, was tempered by their awareness of the decline of other of their rituals.
General Order 40 and the Emergence of Commercial Broadcasting, 1925-1930
Authors: Mcchesney Robert W 
Published: November 2023

Abstract
The roots of the battle for the control of U.S. broadcasting lay in the 1920s. This chapter reviews the major developments of this decade, first looking at the nature of U.S. broadcasting as it emerged in the years 1920-1927, and then discussing the deliberations surrounding the passage of the Radio Act of 1927. The chapter concludes by evaluating the important general reallocation of the airwaves instituted by the Federal Radio Commission (FRC) in 1928, which effectively laid the foundation for the future of U.S. AM radio broadcasting. The general reallocation also provided the spark to the movement that arose to do battle with commercial broadcasting in the United States in the early 1930s.
1930-Summer I 932: The Battle on Capitol Hill
Authors: Mcchesney Robert W 
Published: November 2023

Abstract
The first wave of broadcast reform activity took place between 1930 and 1932 and was directed toward having reform legislation passed by Congress. The reformers came to Washington full of outrage for commercial broadcasting and optimism regarding the prospects for reform. This chapter will chronicle and evaluate their efforts and also discuss the controversy surrounding the ABA Standing Committee on Communications, which emerged as a significant opponent of broadcast reform in Washington during this period.
January 1935 and Beyond: The Ideological Consolidation of the Status Quo
Authors: Mcchesney Robert W 
Published: November 2023

Abstract
In the period following the FCC report to Congress in January 1935 the remainder of the broadcast reform movement lost its momentum and collapsed. Moreover, with this collapse, there was little opposition to the widely disseminated promotional claims of the commercial broadcasters that their control of the ether was innately democratic and American; indeed, that no other system could even be conceivable to a freedom-loving people.
Skin Grammar: Cattle Branding and Symbolic Wounds
Authors: Allmendinger Blake 
Published: November 2023

Abstract
Today, if one were to look at the West from an aerial view one would see a series of tortuous but well-reasoned labyrinths: branding chutes surrounded by metal holding pens, metal holding pens enclosed by wooden corrals, and wooden corrals encompassed by miles of barbed-wire fences, all of which chart the mazes through which the livestock must pass as it moves around, across, or through a cattleman’s property. In the early and mid-nineteenth century, however, ranching took forms that were less physically rigid. Pastures were unfenced, and ranchers were apt to let their herds mix with one another, using only cattle brands to mark and define moving objects that strayed and intermingled with other ranchers’ animals. Inscribed, branded herds moved like floating texts across open ranges, but no matter how far they roamed, they always bore signs of ownership, enabling ranchers to identify and reclaim their cattle (from the word chattel, meaning “property”). Fencing open ranges in the late nineteenth century, ranchers later penned in their herds, preventing their cattle from escaping or being stolen by demarcating their land and the livestock that grazed on it. Now, in the twentieth century, even though branding still ensures ownership, cattle brands no longer play an important role in parceling out property fences do. Even before cattlemen textualize property, branding and encoding it with hieroglyphic signs of possession, they distinguish their land and the living chattel that inhabit it by erecting strongly built fortifications that barricade herds and keep them from wandering. Transferring animals from large, faraway pastures into smaller corrals built close to home, herding them out of these smaller corrals into holding pens, pushing them out of these holding pens into channels that feed into branding chutes, squeezing them out of these branding chutes into caged
Dual/Dueling Identities: Rustlers and Cowboy Detectives
Authors: Allmendinger Blake 
Published: November 2023

Abstract
On its way to Count Dracula’s castle, Jonathan Harker’s train stops at a station. While looking at the Transylvanian peasants on the train station’s platform, Harker sees the Slovaks and describes them as a group of “harmless” barbarians, wearing boots and “cow-boy” hats on their heads (Stoker 3). Later he learns that the ‘ ‘harmless’’ cowboys work for the count and that they have shipped him in his coffin to England (45-46, 55), where Dracula plans to infect new victims and establish a new kingdom of slaves.
Godel’s Gabelsberger shorthand
Authors: Dawson Cheryl A 
Published: November 2023

Abstract
Issues Discussions of the Nachlass of Kurt Gödel often lead to questions about the shorthand he used. Quite a few stories have grown up around it: e.g., that it was a personal code that must literally be deciphered, or that Gödel used it to conceal what he wrote from other people. The myth of a personal code can be dispelled quite easily. The system he used, called “Gabelsberger”, was once a standard system in Austria and Bavaria, indeed in most of southern Germany. Gödel learned it in his Gym nasium in the school years 1919-21, just before it was supplanted by the Einheitskurzschrift, a unification of several shorthand systems which had been competing for domination in Germany and Austria.
Introductory note to *1933?
Authors: Halperin Israel 
Published: November 2023

Abstract
This manuscript gives a compact, correct proof of the theorem of Paul Levy and Ernst Steinitz which generalizes to n-dimensional real vector space a classical theorem of Bernhard Riemann on conditionally conver gent series. The manuscript was found with many blanks for formulae not filled in and without bibliography; it is not clear whether Gödel meant this manuscript for ultimate publication or whether he had actually read the relevant references.
Self-Regulation
Authors: Abel Richard L 
Published: November 2023

Abstract
One of the hallmarks that distinguishes a profession from other occupations is the power and practice of self-regulation. We saw in Chapter 5 that the legal profession used this privilege largely to dampen competition, until its restrictive practices were struck down by external authorities. The content of the ethical code and the nature of its enforcement both reflected jockeying among lawyers for competitive advantage.1 Self-regulation also helped stave off state regulation. Despite the importance of self-regulation to the professional project, however, lawyers were in no hurry to construct the necessary institutional framework.