bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Standard Model and Developments Since 1791
Authors: Tushnet Mark V 
Published: November 2023

Abstract
Today’s world is very different from the one Americans lived in when they adopted the Second Amendment. It’s not realistic these days to think of an armed citizenry defending us against an oppressive government. That doesn’t mean, though, that we have to replace every possible individual-rights interpretation with something else. A Second Amendment that protected our right to keep and bear arms so that we can defend ourselves against criminals, for example, wouldn’t be ruled out by modern developments. And, as we’ll see, there’s a way of connecting that kind of Second Amendment right to the amendment’s reference to the militia. To see how, we have to identify changes in our society that make obsolete the idea of protecting the right to keep and bear arms as part of the citizen-militia.
How Does National Security Shape Constitutional Rights?
Authors: Posner Richard A 
Published: November 2023

Abstract
The challenge to constitutional decision making in the era of modern terrorism is to restrike the balance between the interest in liberty from government restraint or interference and the interest in public safety, in recognition of the grave threat that terrorism poses to the nation’s security. The scope of a right must be calibrated by reference to the interests that support and oppose it. But how to do this? Ideally, in the case of a right (for example, the right to be free from unreasonable searches and seizures) that could be asserted against government measures for protecting national security, one would like to locate the point at which a slight expansion in the scope of the right would subtract more from public safety than it would add to personal liberty and a slight contraction would subtract more from personal liberty than it would add to public safety. That is the point of balance, and determines the optimal scope of the right. The point shifts continuously as threats to liberty and safety wax and wane.
Creating Freedom During and After the War
Authors: Horton James Oliver , Horton Lois E 
Published: November 2023

Abstract
In the Sea Islands, having a regiment composed of local fugitives from slavery imparted one great advantage: they were able to provide intelligence about the countryside. The U.S. army was running low on lumber, and the white troops who had been sent out to find supplies had returned empty-handed. In January 1863, the First South Carolina had a chance to prove their worth on a foraging expedition. They went to the area from which their sergeant had escaped, up the St. Mary’s River on the border between Florida and Georgia. More than four hundred sixty men boarded three gunboats and made their way to St. Simon’s Island off the coast of Georgia. There, naval officers warned them about Confederate soldiers who were entrenched on the banks of the St. Mary’s River. While waiting for their third boat to arrive at the island, the men busied themselves by salvaging massive iron bars from abandoned Confederate forts. Some of the men had built these forts as conscripted slave labor, and Thomas Wentworth Higginson noted that they dismantled the bunkers and magazines with great enthusiasm. A raiding party suffered its first casualties in a confrontation with Confederate cavalry a short way up the river, but the men acquitted themselves well.
Toward Melancholy: The Retirement Years
Authors: White G Edward 
Published: November 2023

Abstract
Among themany remarkable things about holmes’s ninetieth birthday radio address was the physical and mental condition of the man who wrote and spoke it. Today most public figures, including Supreme Court justices, have help in writing their speeches, opinions, or other public pronouncements. Not only did Holmes write all his opinions in his fifty years as a judge, hut he wrote all his speeches, addresses, essays, scholarly articles, and The Common Law. He wrote all his voluminous letters, of course, and when he was asked to make a brief speech on the radio, he wrote that. The longhand draft of that speech reveals that he intended it to take up no more than one page; he made only a few corrections to the original sentences he wrote. At ninety his ability to create memorable prose had not diminished.
Voyages of the Self
Authors: Novak Barbara 
Published: November 2023

Abstract
Barbara Novak is one of America’s premier art historians, the author of the seminal books American Painting of the Nineteenth Century and Nature and Culture, the latter of which was named one of the Ten Best Books of the Year by The New York Times and was nominated for a National Book Critics Circle Award. Now, with Voyages of the Self, this esteemed critic completes the trilogy begun with the two earlier works, offering once again an exhilarating exploration of American art and culture. In this book, Novak explores several inspired pairings of key writers and painters, drawing insightful parallels between such masters as John Singleton Copley and Jonathan Edwards, Winslow Homer and William James, Frederic Edwin Church and Walt Whitman, and Jackson Pollock and Charles Olson. Through these and other groupings, Novak tracks the varied meanings of the self in America, in which the most salient characteristics of each artist or writer is shown to draw from--and in turn influence--the larger map of American life. Two major threads weaving through the book are the American preoccupation with the “object” and our continuing return to pragmatism. Novak notes for instance how Copley’s art mirrors the puritan denial of self found in Jonathan Edwards and how as colonial scientists they share an interest in sensation and observation. She sees Winslow Homer and William James as practitioners of a pragmatic self grounded in an immediate experience that looks for concrete results. Through such fruitful comparisons--whether between Copley and Edwards, or Lane and Emerson, or Ryder and Dickinson--Novak sheds unmatched light on our nation’s artistic heritage. Wonderfully illustrated with dozens of black-and-white pictures and sixteen full-color plates, here is a stunning work that yields a wealth of insight into American art and culture--and concludes Novak’s landmark trilogy.
Equal Power
Authors: Bouton Terry 
Published: November 2023

Abstract
During the 1780s, ordinary Pennsylvanians launched an attack on the gospel of moneyed men and the hard times it created. These people demanded that state leaders save democracy by ending the policies that concentrated wealth among moneyed men. They called for new policies to make wealth more equal. And they demanded a return of a vigorous democracy. Those calls—which came in the form of petitions, newspaper editorials, and speeches by profarmer politicians—revealed that most ordinary Pennsylvanians had not only kept their faith in the vision of ‘76 but, in fact, had deepened and extended their ideas about equalizing wealth and power. They also showed that the people’s ideas of democracy had expanded well beyond the right to vote to embrace a belief that ordinary folk had the right to make public policy on taxation, credit and debt, monetary issues, land policy, and a host of other matters. Needless to say, these popular ideals posed a direct threat to the Morris plan and to the moneyed men who Depended on it.
Rings of Protection
Authors: Bouton Terry 
Published: November 2023

Abstract
During the 1780s, Pennsylvania politics tended to live on streets and country lanes. Thousands of Pennsylvanians who did not vote engaged in waves of protests that swept the countryside. The protests were as varied as they were ubiquitous, spanning a range of strategies from civil disobedience to armed resistance. Some were aimed at stopping foreclosures for unpaid private debts; most were directed at halting tax collection. The protests involved a great many people. They crossed lines of class and occupation, drawing together farmers, artisans, lawyers, gentlemen farmers, and county officials. Resistance also crossed lines of ethnicity, religion, and geography, involving Scots-Irish Presbyterians in central and western Pennsylvania, German Lutherans in the eastern counties, and even Quakers of English descent in the counties surrounding Philadelphia. These groups did not usually coordinate their protests; there was no central organization; they were not linked by committees of correspondence. Nevertheless, these people protested at exactly the same moment in precisely the same ways with at least some awareness of their common effort. At stake in all of this was the meaning of democracy and the Revolution.
Our Undemocratic Legislative Process
Authors: Levinson Sanford 
Published: November 2023

Abstract
One of the relatively few pieces of legislation passed by Congress in 2005 was a $24 billion highway spending bill, which included $453 million in funds for two Alaska bridges. One of them, to cost $223 million, was quickly labelled the “Bridge to Nowhere” inasmuch as it would, according to the Washington Post, simply “replace a 7-minute ferry ride in a sparsely populated area of Alaska.” The remaining funds would have gone to what the Post terms “the magnificently named ”Don Young’s Way’””hint: Mr.Young, Alaska’s sole House member, conveniently happens to chair the transportation committee””[and will serve as] a down payment on a billion-dollar bridge across an inlet in Anchorage to a nearly deserted port.” One might doubt that Mr. Young, for all his clout, could have done this all by himself. Surely it helps that Alaska’s senior senator, Ted Stevens, the longest-serving Republican in the Senate, is himself the chair of the Senate Commerce, Science, and Transportation Committee, which controls matters of vital interest to Alaskans. He is also a member of the Senate Appropriations Committee, whose decisions vitally affect every senator.
Life Tenure for Supreme Court Justices
Authors: Levinson Sanford 
Published: November 2023

Abstract
In recent years, I have addressed the principal issue of this chapter”” life tenure for Supreme Court justices””in my introductory courses in constitutional law when visiting the New York University Law School and then at my home institution, the University of Texas Law School. I have made very clear that I doubt the wisdom of life tenure, and I have noted that many admirable societies do without it. I then included in the final examination a question inviting an assessment of life tenure. Many people cynically assume that students simply feedback to professors what they think professors would like to hear. Some, less cynically but perhaps more ominously, believe that professors are Svengalis able to shape the minds of impressionable students. What, then, is to be inferred from the fact that 104 of 108 NYU students and roughly the same proportion of UT students wrote that preservation of American liberties is dependent on life tenure of Supreme Court justices? One inference is that I succeeded in conveying my genuine belief that they should think for themselves and be completely indifferent to my own point of view. That would be very gratifying.
The Constitution as Creator of Second-Class Citizens
Authors: Levinson Sanford 
Published: November 2023

Abstract
Americans take justified pride in the assertion by the Declaration of Independence that “all men [and today we would surely add women] are created equal” and by the linked notion that “there are no second- class citizens in America.” It is often asserted that “every youngster in America can dream of growing up to be president,” though, as we shall presently see, this is patently false. At the very least, we would like to think that the Constitution itself places no barriers on participation in the polity. Alas, that is not the case. Although what I will call the “second-class citizenship clauses” of the Constitution almost certainly do not justify in themselves supporting the forthcoming referendum, they could either tip the balance for those readers who remain uncertain or reassure those who have already decided to vote yes.
The Panic Theory
Authors: Posner Eric A , vermeule Adrian 
Published: November 2023

Abstract
Many accounts of emergency emphasize the Constitution’s role in limiting the impact of fear on government policy. The panic thesis argues that because fear causes decisionmakers to exaggerate threats and neglect civil liberties and similar values, expanding decision makers’ constitutional powers will result in bad policy. Any gains to national security would be minimal, and the losses to civil liberties would be great. It follows that enforcing the Constitution to the same extent as during periods of normalcy would protect civil liberties at little cost, and therefore the civil libertarian view is superior to the deferential view.
Institutional Alternatives to Judicial Deference
Authors: Posner Eric A , vermeule Adrian 
Published: November 2023

Abstract
The civil libertarian approach is defective for the reasons we gave in prior chapters, but elimination of this approach from the field leaves a number of alternatives. The judicial deference approach is one of these alternatives, but there are others as well. In this chapter, we evaluate many of them and defend the judicial deference approach against the challengers.
Table 5.1 provides a way to organize the competition. There are two dimensions of disagreement. Some people believe that the president’s emergency powers should be determined ex ante—prior to the emergency—and some people believe that the president’s emergency powers should be determined ex post, or after the emergency begins. Thus, the first dimension concerns the timing of this determination. The second dimension concerns the identity of the decision maker who exercises the emergency powers or determines who exercises the emergency powers. There are three possibilities: the president exercises the emergency powers alone; the president exercises them with the consent of Congress; or—a special case—the president exercises them subject to the ex post consent of the public or some nonofficial decisionmaker, such as a jury.
The European Takeover Directive: A Commentary
Authors: Wouters Jan , Hooghten, Paul Van , Bruyneel Mattias 
Published: November 2023

Abstract
As is well known, Directive 2004/25/EC of the European Parliament and of the Council of April 21, 2004, on takeover bids (the Takeover Directive or the Directive),1 originally presented as the Thirteenth Directive in the series of European Union (EU) company law harmonization measures, has had a tortuous genesis. Its preparation and negotiations span 15 years, which became a saga in which more or less all finesse of the EC’s law-making procedure was tested. The European Commission (the Commission) proposed a first draft in January 1989.2 Takeover bids were coming thick and fast and the political will for harmonization seemed to exist during the completion of the internal market (1992 project), but the effort soon got bogged down.3 An amended proposal was introduced in 1990,4 but the negotiations stalled.
Employee Participation and Takeovers under EC Law
Authors: Vos Marc De , Heynen Jan 
Published: November 2023

Abstract
At the turn of the twenty-first century, and profiled against a growing debate on globalization, important European Union (EU) legislation materialized that signals a growing common European understanding of employee involvement in corporate structures and transactions. The year 2001 saw the birth of Regulation 2157/2001 and Directive 2001/86 on the European Company,1 with a significant section on employee involvement. The year 2002 witnessed the adoption of the framework Directive 2002/14 on national-level information and consultation of employee representatives.2 The tight rejection in 2001 and the eventual approval in 2004 of the Directive 2004/25/ EC of the European Parliament and of the Council of April 21, 2004, on takeover bids (the Takeover Directive or the Directive)3 can be put into this context of an EU which is gradually shaping a common component of employee involvement in issues of corporate transactions and governance.4 The European Commission (the EC or the Commission) law provisions relating to the information and consultation of employees in the context takeovers are briefly discussed in this chapter. Before turning to sub-stance of these measures, we briefly look over the plain of European legislation on employee information and consultation, and address the more general issue of the relationship between corporate governance and employee participation in the EU.
Turmoil in the Levant: Iran, Israel, and the Politics of the Arab East
Authors: Takeyh Ray 
Published: November 2023

Abstract
Acursory examination of iran’s approach to israel may lead some to dismiss its incendiary rhetoric and its periodic calls for the eradication of the Jewish state as symbolic gestures without practical relevance. After all, the mullahs did secretly mingle with Israeli officials and purchase large quantities of Israeli arms at exorbitant prices. Moreover, despite persistent mutual denunciations, the two powers never went to war against one another. Beneath the cynical arms deals and furtive coopera-tion, however, lies a durable animosity that is predicated on both strategic designs and ideological values.
Political Risk and Capital Markets
Authors: Bremmer Ian , Keat Preston 
Published: November 2023

Abstract
In late 1994, Jaime Serra Puche, a rising star in Mexico’s Institutional Revolutionary Party (PRI) and the country’s newly appointed finance minister, was expected to manage a currency devaluation without stirring up a lot of political or economic trouble. The celebrated negotiator, famous for delivering on the North American Free Trade Agreement (NAFTA) failed on both counts. Mexico experienced a massive, rapid devaluation of its currency (the peso). The currency’s downward spiral helped strip the PRI of its dominant hold on Mexico’s political landscape. Saddled with expectations that he remain faithful to his party’s political agenda, despite the demands of modern capital markets, Serra was probably doomed to fail. But the real story is about the PRI and its approach to maintaining single-party power, a decades-long dominance dependent on the power iof graft and patronage. The PRI, run as a kind of massive-scale Tammany Hall organization, bolstered its power by dispensing economic spoils to the leaders of trade unions, state and agricultural employees, and regional political parties. The operation was, as Peruvian novelist Mario Vargas Llosa aptly called it,”the perfect dictatorship.”
Regulatory Risk
Authors: Bremmer Ian , Keat Preston 
Published: November 2023

Abstract
As any good investor knows, the commonly used adage “buy when there is blood in the streets” applies not only to literal times of bloodletting but also to metaphorical ones. It is best to buy cheap assets in the wake of some crisis. With this in mind, in August 2003 the Dallas-based private equity firm Lone Star Funds believed it had found an unusually promising investment deal in South Korea. The country’s macroeconomic conditions were sound, but twin economic shocks—the 1997 Asian financial crisis and a 2002 credit card crisis— had inflicted heavy damage on local businesses in the financial and industrial sectors. Overwhelmed by bad debt, thousands of Korean firms faced insolvency. Lone Star determined that the Korea Exchange Bank (KEB), the country’s only foreign exchange bank, provided a great opportunity to enter the Korean financial market.
Introduction
Authors: Shane Scott A 
Published: November 2023

Abstract
The title of this book is a pun. Some start-ups raise money from informal investors rather than institutional sources of funds, like venture capitalists and banks. Many observers refer to these informal investors as the three F’s: friends, family, and fools, sometimes using the term “business angel” to refer to the third of these three categories. The phrase “fool’s gold” refers to the money that angels make by investing in start-ups. But it also refers to iron pyrite, the shiny yellow rocks that miners sometimes mistake for real gold. So is angel investing a source of gold for informal investors or worthless, iron-pyrite? The answer to that question is the focus of this book.
What Do Angel Investments Look Like?
Authors: Shane Scott A 
Published: November 2023

Abstract
Most of the books and articles that have been written about angel investing spend a lot of time talking about what angel investments look like. In fact, you might say that this is their core. The basic premise of the authors of these books and articles is that angel investments differ from other kinds of informal investments. Angels, the story goes, invest more money, and put it in different types of businesses, using a different set of ﬁnancial instruments, than other informal investors, taking an approach more akin to venture capitalists ( VCs) than friends and family. As a result, those interested in angel investing, as entrepreneurs, policy makers, or would-be angels, need to think about angel investments differently.
Traditional Criticisms And Alternatives
Authors: Michaud Richard O , Michaud Robert O 
Published: November 2023

Abstract
Many authors have raised objections to mean-variance (MV) efficient as a framework for defining portfolio optimality. Most of the alternatives can be classified in one of five categories: (1) alternative risk measures; (2) utility function optimization; (3) multiperiod objectives; (4) Monte Carlo financial planning; and (5) linear programming. Analysis shows that the alternatives often have their own serious limitations and that MV efficient is far more robust than is commonly appreciated. Although they are symptomatic of an underlying unease with MV efficiency, none of the proposals address the basic limitations of MV optimization. In MV efficiency, the variance, or standard deviation, of return is the measure of security and portfolio risk. The variance measures variability above and below the mean. From an investor’s point of view, the variance of returns above the mean is often not viewed as “risk”. One obvious and intuitively appealing nonvariance measure of risk, discussed as early as Markowitz (1959), is the semivariance or semistandard deviation of return. In this risk measure, only returns below the mean are included in the estimate of variability. The semivariance is an example of a “downside” risk measure. In this case, “downside” risk is relative to the average or mean of return. There are many other ways to measure “downside” risk. A simple example is replacing average return with a specified level of return, such as zero or the risk-free rate.
Input Estimation And Stein Estimators
Authors: Michaud Richard O , Michaud Robert O 
Published: November 2023

Abstract
The investment value of optimized portfolios depends on proper input estimation as well as effective portfolio optimization. For many analysts and investors, input estimation methods may seem a largely settled and uncontroversial issue. Managers usually base asset allocation risk-return estimates on sample means, standard deviations, and correlations computed from historic returns, with adjustments for current information. Institutional equity portfolio optimization generally employs commercial risk measurement services for estimating the components of portfolio risk and advanced statistical methods for computing return. Contemporary professional statisticians use a variety of modern statistical techniques that are designed to improve the forecast value of estimates of risk and return from historic data.1 Many of these new procedures are based on results that indicate current investment practice may be suboptimal. These results are particularly important because investment intuition is unreliable. Portfolio optimization requires multivariate statistical estimation; that is, the simultaneous estimation of means, standard deviations, and correlations for many securities. Since financial assets are generally related to each other, there is likely to be information in the group of returns that can improve parameter estimates for each asset.