bluuebunny/crossref_metadata_2025_split huggingface dataset:
Equality and Impasse: Mobilizing Group-Based Perspectives in an Era of Group-Blindness
Authors: Abrams Kathryn 
Published: November 2023

Abstract
For more than a decade, critical legal commentators have observed a tension between doctrinal understandings of equality and the perspectives of outsider, or victim, groups. This tension has grown into frank divergence as “color-blindness” has become a constitutional sword, used to dismantle governmental programs from state and federal set-asides to “safe” minority electoral districts. Underlying this tension is a conflict not simply about the nature of discrimination but about a range of related concepts: namely, the meaning, dynamics, and consequences of group membership, in which “group” connotes those connected by race, sex, or other largely inalienable characteristic that has assumed social salience. This essay will trace the escalating tension between doctrinal understandings and outsiders ’ understandings of these concepts. It will then ask how the law might accommodate outsiders ’ understandings of “group-ness” and group-based discrimination, at a time when mainstream constitutional doctrine prevents institutional actors from considering the social consequences-indeed the very fact-of group membership.
Can Courts Make a Differenee?
Authors: Chemerinsky Erwin 
Published: November 2023

Abstract
The 1990s are a time of skepticism about the ability of government to solve serious social problems. The Republican victory at the polls in the 1994 congressional elections is explained, in part, by frustration with government and its efforts at social improvement. Therefore, it is not surprising that doubts are being expressed about the ability of courts to make a difference. Nor is it surprising that academics, those most familiar with the judicial process and its impact, are raising the issue.
Communicators
Authors: Wren Daniel A , Greenwood Ronald G 
Published: November 2023

Abstract
In 490 BC, Pheidippides carried the news of the Greek victory over the invading Persian army at Marathon to Athens, a distance of some twentytwo miles, in three hours. It is told that this messenger gasped the news to his audience but then fell dead of his exertion. The story of this early messenger illustrates the primitive reliance on humans, animals, or other natural forces for communicating over long distances. Messengers and commerce appear hand in hand historically, representing the reliance of business on means of communication. Indeed, Mercury, the Latin god of commerce, portrayed as wearing a winged hat, was also the messenger of the gods and the god of eloquence.
Financiers
Authors: Wren Daniel A , Greenwood Ronald G 
Published: November 2023

Abstract
Early American business organizations were sole proprietorships or partnerships and were financed out of the pockets of individuals. There were no securities such as stocks or bonds required for these types of firms, but an early financial market in government securities arose as early as 1789. There was no organized trading, and transactions occurred in New York City coffeehouses-the most well known one was the Tontine Coffee House-and there was a “curb” market, a meeting place on the street where buyers and sellers could make their transactions. The New York Stock Exchange (NYSE) was formalized in 1863; it moved to II Wall Street in 1865, and it installed a telegraphic stock market ticker in 1867.
Working Smarter
Authors: Wren Daniel A , Greenwood Ronald G 
Published: November 2023

Abstract
The latter part of the nineteenth century in the United States was characterized by national economic expansion and rapid technological growth in manufacturing, transportation, and communication, fostering the growth of enterprise. As firms grew, their size exceeded the grasp of the family management practices of the past, and finding managers for these firms was no easy task. America’s first successful school of business, the Wharton School of Finance and Economy, founded in 1881 at the University of Pennsylvania, did not offer a course in management. Where could managers be found for this burgeoning economic system? Some came from law and were steeped in the legal tradition, while others came from financial institutions and were schooled in accounting and banking.
Quality Seekers
Authors: Wren Daniel A , Greenwood Ronald G 
Published: November 2023

Abstract
The importance of product quality is not a new idea. It began at least as early as the medieval period, when craft guilds developed the practice of placing a mark on the product (a hallmark) so that customers could connect quality with the maker of the item. In some guild halls it was the practice to work by an open window where passersby could see the worker and the work. Andrew Carnegie considered quality the bedrock of his enterprise: “There lies still at the root of business success the much more important factor of quality After that, and a long way after, comes cost.”
Unbroken Ties Comparing Personal Business Networks Cross-Nationally
Authors: Aldrich Howard E , Sakano Tomoaki 
Published: November 2023

Abstract
Japanese business has attracted a great deal of attention from social scientists, but almost all of it has been directed toward big firms, keiretsu, and cooperative alliances. Little attention has been paid to small firms, even though they are critical to the Japanese economy. In Japan, a much higher proportion of firms is in the under-100 and under-20 employee size categories than in the United States or most Western European nations. Using a very generous definition of “small:’ Takaoka (1989) argued that 99.4 percent of all Japanese businesses are small, employing about 60 percent of the workforce. He defined “small” for each of three sectors: (a) manufacturing: an incorporated company whose capital is no more than 100 mil­ lion yen or with fewer than 300 employees, or a sole proprietorship with fewer than 300 employees; (b) wholesale: an incorporated company whose capital is no more than 30 million yen, or a sole proprietorship with fewer than 100 employees; and (c) retail and service: an incorporated company whose capital is less than 10 million yen, or a sole proprietorship with fewer than fifty employees (Takaoka, 1989), Miwa (1993) also noted that the proportion of establishments in the private sector (not including agriculture and fisheries) that are small has remained very stable over the past thirty or forty years.
Entrepreneurial Networking Organizations Cases, Taxonomy, and Paradoxes
Authors: Kanai Toshihiro 
Published: November 2023

Abstract
Entrepreneurship is nurtured by networking, and, clearly, entrepreneurial net­ working is not an abstract activity. With help from their friends and acquaintances, entrepreneurs make things happen. There are specific places to make things hap­ pen, such as the Greater Boston area and Silicon Valley, where there are various kinds of networking opportunities for entrepreneurs and those who want to be entrepreneurs. In other words, networking can be facilitated by more or less formalized organizational arrangements for meeting others and encouraging entre­ preneurship.
Making Things Clique, Cartels, Coalitions, and Institutional Structure in the Tsukiji Wholesale Seafood Market
Authors: Bestor Theodore C 
Published: November 2023

Abstract
Tokyo’s Tsukiji Central Wholesale Market is Japan’s (and the world’s) largest marketplace for fresh, frozen, and processed seafood, a market where more than 60,000 people come each day to buy and sell fish that will feed many of the Tokyo region’s 22 million residents. Six days a week between 4 and 10 A.M., the rambling sheds at Tsukiji become a swirling maelstrom of frenetic motion and industrial-strength noise, high-tech electronics, and nearly preindustrial manual labor. Tsukiji stands at the center of a technologically sophisticated, multibillion dollar international fishing industry, and every day the market’s auctions match international supply with the traditional demands of Japanese cuisine, made ever more elaborate by Japan’s prosperity and the gentrification of culinary tastes. Boosters encourage the homey view that Tsukiji is “Tokyo no daidokoro”-Tokyo’s kitchen or pantry-but in this pantry over 628 million kilograms of seafood worth $5.3 billion changed hands in 1996 (Tokyo-to Chuo Oroshiuri Shijo, 1997: 16-17). (By way of comparison, New York’s Fulton Fish Market, the largest in North America, handled only 13% of the tonnage of Tsukiji’s trade, valued at about $1 billion (New York Times, November 11, 1996, p. B4).) Despite the enormous scale of the marketplace as a whole, the bulk of Tsukiji’s daily trade flows through tiny family businesses, the roughly 1,000 trading firms licensed to buy at Tsukiji’s morning auctions and resell their purchases in the market’s 1,677 stalls.
Governance, Managed Competition, and Network Organization at a Toshiba Factory
Authors: Fruin W Mark 
Published: November 2023

Abstract
During the 1980s, a decade of increased trade, foreign direct investment, and internationalization of the Japanese economy, between 73 and 83 percent of the production value of the Yanagicho Works (one of the Toshiba Corporation’s multifunction, multiproduct Knowledge Works) was sourced from suppliers (Fruin, 1997). This occurred despite elevated internationalization in the form of foreign direct investment (FDI) in three overseas branch factories and a decided dependency on literally hundreds of suppliers for most of the value-added content, quality, and price/performance appeal of Yanagicho’s products.
Business in its Cultural Environment: Changing Conceptual Frameworks
Authors: Rosenthal Sandra B , Buchholz Rogene A 
Published: November 2023

Abstract
The embeddedness of the firm in its cultural environment can best be understood in terms of the dynamics of adjustment whereby a culture and its institutions mutually affect each other. Business institutions affect the culture, and as the culture adjusts this adjustment in turn affects the direction of the ongoing development of corporate activity. As these dynamics have worked themselves out over time, the changes taking place can perhaps be viewed in terms of successive conceptual shifts among three major moral frames in which market activity has been placed. Through this process the market system gradually gained its independent stature and dominating force.
The Constitution & The Pride Of Reason
Authors: Smith Steven D 
Published: November 2023

Abstract
Examining the perennial claim that constitutional law somehow embodies a commitment to governance by “reason,” this book shows how the lofty intentions of yesterday’s framers and today’s scholars have culminated in rampant confusion and elaborate sophistry. The Constitution and the Pride of Reason gives readers a provocative overview of the noble aspirations and tragic failures of American constitutionalism, offering iconoclastic assessments of constitutionalists ranging from Madison and Jefferson to Dworkin and Bork. “This is not a book for specialists in constitutional doctrine. It draws upon political and moral philosophy, history, constitutional theory, and political science to sustain a thesis which should interest all thinking Americans. It is also refreshingly well-written, very clear, and precise, often witty.”—Gerald V. Bradley, University of Notre Dame.
The Special Dispensation of Reason and the Legal Constitution
Authors: Smith Steven D 
Published: November 2023

Abstract
Suppose that without initially knowing anything about the matter you happen to hear the sorts of laudatory claims, such as those described earlier in this book, declaring that the Constitution is the political expression or embodiment of “reason,” or that, in Cass Sunstein’s words, the Constitution established “for the first time, a republic of reasons.” Curious and hopeful, you resolve to do something that lawyers, law professors, and judges themselves rarely do-that is, actually go and read the document. What will be your reaction? The Preamble may seem promising. In it you encounter commitments to forming a more perfect union, establishing justice, and securing the blessings of liberty for a people and its posterity. These are lofty aspirations, worthy of a document presented as the manifestation of political reason.
From the Legalistic Constitution to the Constitution of Principle
Authors: Smith Steven D 
Published: November 2023

Abstract
As we have seen, the framers’ ideas about the role of reason in governance led them to draft a document with a particular character: Their Constitution was legalistic, reflecting a focus on institutional structure with the end of carefully defining and limiting the powers of various governmental institutions. As the legalistic, limited powers strategy proved ineffectual, however, it was natural for constitutional thinking to shift to different strategies, often more oriented to the elaboration of fundamental rights and principles. But the document that judges, lawyers, and citizens had inherited was not designed for such strategies. So a major challenge to the constitutional project has been to pursue one set of strategies for bringing reason into governance while attempting, or at least purporting, to adhere to a document self-consciously designed with a different strategy in mind. A good deal of modern constitutional theory and controversy arises out of this disjunction.
After the Fall: Regulatory Reason
Authors: Smith Steven D 
Published: November 2023

Abstract
By reconceiving the Constitution as an open-textured repository of principles and rights, modern theorizing has made room for the operation of a more free-standing reason that is loosely connected to but not inconveniently confined by a legalistic text devoted to a failed, “enumerated powers” strategy. The result, especially in academic discourse, is that to a significant degree constitutional reasoning becomes less a mode of thought peculiar to lawyers and more a subset of political-moral reasoning in general. The constitutional thinkers most committed to the governance of reason readily concede this fact, and indeed celebrate it.
Constitutional Reasoning, Constitutional Sophistry
Authors: Smith Steven D 
Published: November 2023

Abstract
In the preceding chapter I argued that modern constitutional discourse is byand-large committed to a version of reason that may be called “regulatory reason.” Although regulatory practices and techniques may look very much like the sorts of practices and techniques that have always been associated with “reason,” the essential point of the exercise has changed. In the modern approach, the function of reason is not to ascertain the design inherent in Nature, as it was for the Jeffersonians and for countless predecessors going back at least to Plato. Instead, reason supervises or regulates conventional moral beliefs and practices, demanding that they be supported by “reasons,” and judging whether this demand has been met by asking whether statements offered in support of such conventions are inconsistent or are expressions of prejudice or emotion or parroting.
Antimetabole
Authors: Fahnestock Jeanne 
Published: November 2023

Abstract
The prologue to the Sumerian epic, “Gilgamesh, Enkidu and the Netherworld,” dating from the third millennium B.C.E., opens with a cosmic placing of its tale that makes use of a deliberate verbal device carefully preserved in translation (Smith 1981, 17): The recognizable structure found in this passage also occurs in what are probably liturgical invocations preserved on tablets discovered at Ugarit in Syria and dating between 1400 and 1200 b.c.e.: “Your slave is Baal, O Yamm, / The son of Dagan [Baal again] your captive” (Welch 1981b, 40).
Ploche and Polyptoton
Authors: Fahnestock Jeanne 
Published: November 2023

Abstract
In a 1992 issue of Science, two aeronautical engineers explained a new approach in the manufacturing of advanced materials for aircraft engines, an approach known as intelligent processing of materials (1PM), which they defined as “an integrated, comprehensive effort to apply mathematical modeling, sensor tech nologies, and control system methods to improve materials processes.” 1PM, they claimed, applied the scientific method “to deduce process behavior and estab lish extensible theories governing process performance” (Backman and Williams 1992, 1086).
Sex Roles, Creation Myths, and Worldview Japanese and western Historical Perspectives
Authors: Renshaw Jean R 
Published: November 2023

Abstract
In primeval times, women were one with the sun and truth of all-being. Now we are like pale-faced moons who depend on others and reflect their light. Raicho Hiratsuka, feminist literary circle, SEITO journal, Blue Stockings, 1911 Beginning my research on women in management, I realized it was necessary to learn more Japanese history in order to understand women’s roles and the evolution of today’s women managers. History as bestowed to each generation constructs, and is a construct of, a society’s values, and in turn becomes a tool to maintain the status quo. Roles of women and men in all cultures are socially constructed and have antecedents in historical roots.
Paths to Management
Authors: Renshaw Jean R 
Published: November 2023

Abstract
Women don’t know the sweet taste of success. Only the fear of taking the heavy responsibility is imagined, and thus women often run away from success. We need more models. Interview with successful female media executive, fifties Success for me seems like being able to do what one likes to do with happiness given the job satisfaction, fair evaluation, fair opportunities, and support. It is more difficult for women as the system and the mentality of the society is still in transition.
The Foundations of Classical Legal Thought, 1760-1860
Authors: Wiecek William M 
Published: November 2023

Abstract
Classical legal thought did not appear suddenly and without precedent in 1890, nor was it an innovation. It grew instead out of the previous century of constitutional growth, evolving in an organic development of antebellum legal culture. Its origins go back to the creation of the American republics. Classicism arose from the original eighteenth-century constitutional foundations and derived its legitimating power from them. In the ideology of the American revolution, in the early state constitutions, in the national constitution of 1787, and in early precedents of the state and federal courts, Americans created a constitutional system that privileged certain substantive values, particularly those relating to contracts, property, and security for personal liberty. The Framers of the state and federal constitutions assigned the courts’ place in the constitutional order and legitimated the use of judicial power.
Jones’s Theory of Evolution
Authors: Loritz Donald 
Published: November 2023

Abstract
We identify transformational grammar with Chomskyan grammar, but ideas about language “transformations” were in the air well before Chomsky’s name was attached to them. We call the heliocentric solar system the Copernican system, but Aristarchus first proposed it nearly 2,000 years before Copernicus. We call the theory of evolution “Darwin’s theory of evolution,” but the central notion of evolution was proposed nearly 100 years before Darwin by the eminent English philologist Sir William Jones.
Adaptive Resonance
Authors: Loritz Donald 
Published: November 2023

Abstract
In chapters 3 and 4, we glimpsed the marvelous biochemical and anatomical complexity of the human brain. But in a single breath of a summer wind, a million leaves turn and change color in a single glance. The mind need not read meaning into every turning leaf of nature, but neither the hundreds of neurochemical messengers of chapter 3 nor the forty-odd Brodmann areas of chapter 4 can begin to tally the infinite complexity of an ever-changing environment. To gain even the smallest evolutionary advantage in the vastness of nature, a brain must combinatorially compute thousands and millions of patterns from millions and billions of neurons. In the case of Homo loquens, as we estimated in chapter 1, the competitive brain must be capable of computing something on the order of patterns.
What If Language Is Learned by Brain Cells?
Authors: Loritz Donald 
Published: November 2023

Abstract
The generative deduction held that children learn their first language effortlessly. As the theory went, an innate language acquisition device (LAD) stops operating somewhere between the age of six and twenty. Children, thanks to their LAD, were supposed to “acquire” language perfectly and “naturally” (Krashen 1982). Adults, however, were left with no alternative but to “learn” second languages in an “unnatural” and suboptimal manner.
What Firms Should Do
Authors: McKenzie Richard B , Lee Dwight R 
Published: November 2023

Abstract
Key Insight: The firm’s decision on whether to make or buy is determined by the tradeoff between the efficiencies of market specialization and the costs of transactions. People would not bother organizing themselves into “firms” if there were not gains to be had by doing so. But therein lies a fundamental dilemma for managers: How can managers ensure that the gains that could be had are actually realized and are shared in some mutually agreed upon way by all of the stakeholders in the firm? The problem is especially difficult since every group associated with the firm--owners, managers, line workers, buyers, and suppliers-probably wants to take a greater share of the gains than it is getting and contribute less in the way of work and investment than it is contributing. Managers have to find ways of overcoming the stakeholders’ inclination to “give little but take a lot.” One of the jobs of incentives is to overcome that inclination by tying how much people receive to what they give to the firm.
Negotiated Understandings the Organizational Implications of a Cross-National Business Negotiation
Authors: Kleinberg Jill 
Published: November 2023

Abstract
Bargaining or negotiating is the generic term used to describe the cultural performance wherein different parties come together in an effort to reach what are interpreted as inconsistent goals (M. E. Pacanowsky and N. O’ Donnell-Trujillo). We commonly think of business negotiation as an activity physically and cognitively demarcated by the conference room, the table around which negotiators sit, and the time it takes to conclude the negotiation. The actors are there for the express purpose of reaching agreement on previously identified issues. Each “side” hopes to secure an outcome consistent with its own goals. Success or failure, either to agree or to win favorable conditions, hinges on a variety of factors, but foremost among them is the negotiators’ behavior-how thoroughly they prepare, the effectiveness of their overall strategy, and their powers of persuasion, including the verbal and nonverbal tactics they utilize. When negotiation activity crosses nations, as in this case of the Japanese buyout of an American firm, the conventional model incorporates cognizance of cultural differences in negotiation behavior, differences that complicate the prospects for reaching agreement (Adler, 1991).
Continuities, Discontinuities and Contingencies of the Holocaust
Authors: Langmuir Gavin I 
Published: November 2023

Abstract
When it is a choice between “Holocaust,” “Shoah,” “Final Solution,” “War Against the Jews,” “Auschwitz,” or some other term, what’s in a name is a matter of some importance, for each term brings with it a particular perspective and concept of action and agency, whether religious, military, ethnic, Hitlerian, social, individualistic or some other. Perhaps “Holocaust” remains the best choice for historians. Even though it implies a particular (a Jewish) perspective and is a misnomer according to its original religious meaning, nonetheless, precisely because of its ambiguous religious overtones, the word suggests a cosmic or overarching perspective that could embrace all the structures, events, agents and causalities involved in the killing authorized by the government of Germany of more than five million Jews between 1941 and 1945.