bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Illinois and Wabash Land Companies Purchases and Petitions
Authors: Robertson Lindsay G 
Published: November 2023

Abstract
On a cold Friday evening, February 14, 1823-St. Valentine’s Day-a group of about thirty lawyers and judges gathered at the White House in Washington, D.C., for a supper hosted by President James Monroe. Scuppernong and Constantia wines flowed freely, as did extravagant con versation. Guests debated the hotly contested presidential race, the first in the history of the new republic to attract a field of credible candidates. An drew Jackson, William Crawford, Henry Clay, and the ultimately successful John Quincy Adams all vied for the honor of succeeding Monroe. Henry Clay, who was at the dinner, assured all who cared to know that the “miser ably cold” rooms in the Executive Mansion would be “better warmed dur ing his tenure.” Others in attendance, including Robert Goodloe Harper, former congressman from South Carolina and now a Baltimore attorney, no doubt spoke more about the important cases they would soon argue at the new term of the Supreme Court. Of this group, none topped young Henry Murray of Annapolis, Maryland, who during the evening boasted of being in Washington to argue a case in which “seven[ty] millions of acres of land are in controversy, . . . more land;’ it occurred to another attendee, “than all England.”
Before the Court
Authors: Robertson Lindsay G 
Published: November 2023

Abstract
Thirty years after the ratification of the Constitution, the United Illinois and Wabash Land Companies finally had a route by which to bring their claim before the Supreme Court of the United States. No further petitions would be submitted to Congress, at least until the Companies had received a favorable decision from the high court. All of the Companies’ re sources, and all of Robert Goodloe Harper’s creative energies, would be devoted to crafting and prosecuting a suit to win such a decision.
To appreciate the ingenuity brought to bear on this task, it is essential to understand the structure-and deficiencies-of the judicial system in which Harper operated, as well as the various procedural devices available to him. In the federal court system in the early twenty-first century, most cases heard by the Supreme Court are first tried in a federal district court, then reviewed by the federal circuit court of appeals with jurisdiction over the district, and finally reach the Supreme Court by writ of certiorari.
The American Reception of Melville’s Short Fiction in the 1850s
Authors: Machor James L 
Published: November 2023

Abstract
Melville’s career as a short story writer was a brief but productive one. In the wake of a steady decline in both his reputation and the sales of his novels— from the initial stunning success of Typee in 1846 to the disastrous reception of Pierre, his seventh novel—Melville in the spring of 1853 first tried his hand at short fiction, producing four stories by the summer, including one of his most remarkable, “Bartleby, the Scrivener.” In a brief span of three years, he would write a total of sixteen stories and would publish all but one, “The Two Temples.” Financially, his foray into short fiction was comparatively successful, since he was paid the unusually high sum of $5 per page (the customary fee was $3) by both Putnam’s Monthly and Harper’s New Monthly Magazine, the two periodicals in which all but one of his published short stories appeared. Besides earning nearly $1,000 for his fourteen magazine tales, which was substantially more than his royalties for Moby-Dick and Pierre combined, he produced at least four stories that modern Melville critics have come to regard as some of the best fictions in his entire oeuvre, after Moby-Dick: “Bartleby,” “The Encantadas,” “The Paradise of Bachelors and the Tartarus of Maids,” and “Benito Cereno.”1 study are also called into question.
Placing Readers at the Forefront of Nowhere Reception Studies and Utopian Literature
Authors: Roemer Kenneth M 
Published: November 2023

Abstract
What could be more out of fashion than a book like Edward Bellamy’s Looking Backward (1888)? Witness the didacticism, the monologic guide-visitor talks masquerading as dialogical argument, the now obsolete gadgets served up as newness, the values grounded in white, male, middle-class nineteenth-century-isms, and the advocacy of a socialistic system at the opening of a twenty-first century when, for many American readers, the word “liberal” is an anathema (socialism is not even on their radar screen).
Hands
Authors: Garland-Thomson Rosemarie 
Published: November 2023

Abstract
Hands make us human, or so we are told. Our opposable thumbs, the prehensile utility, agile fingers, exquisite sensitivity, sleek hairlessness, and protective nails distinguish our hands. We grasp tools, partners, enemies, and food with more accuracy and grace than our hoofed, pawed, or finned fellow creatures. Uprightness frees our hands, providing us with the evolutionary advantage denied to our knuckle-walking cousins. Poised for action at the ends of generous and flexible arms, our hands are implements of our wills. Civilization sprung from the marriage of our capable hands to our prodigious brains (Wilson 1998). The devoted teamwork between brain and hand outstrip the utility of our legs. In this technological age, hands ensure our survival the way that legs did for hunters, gatherers, and farmers. We do not need to flee on legs from predators and toward food; we need to manipulate keyboards, cell phones, pens, and paper to survive.
Pastoral Perspectives On The Church In The Modern World
Authors: Levering Matthew 
Published: November 2023

Abstract
Part two of Gaudium et spes flows from the pastoral constitution’s goal, stated at the outset of the document: This sacred synod, proclaiming the noble destiny of man and championing the godlike seed which has been sown in him, offers to mankind the honest assistance of the Church in fostering that brotherhood of all men which corresponds to this destiny of theirs. Inspired by no earthly ambition, the Church seeks but a solitary goal: to carry forward the work of Christ under the lead of the befriending Spirit. And Christ entered this world to give witness to the truth, to rescue and not sit in judgment, to serve and not to be served. (GS 3) Gaudium et spes takes as a guiding principle, then, that human beings have a ‘‘noble destiny’’ of ‘‘brotherhood,’’ communion in the triune God. This destiny comes from Christ, who in word and deed witnessed to the truth of God’s merciful love for human beings. Christ has rescued us, who have rebelled against God, and he has done this by laying down his life and taking the humblest place, so that we might be reconciled to God and attain the graced fulfillment that God intends for us. Guided by Christ’s spirit, the Church, according to Gaudium et spes, seeks to imitate Christ’s action in the world and to lay down her life so as to serve the graced fulfillment of human beings. The key theme of Gaudium et spes thus is that the Church’s teachings do not oppose human development, as many modern thinkers have postulated, but rather that the Church, knowing the glorious destiny of human beings and following the path of Christ, has as her very mission authentic human development.
Old Faiths in New Times
Authors: Braude Ann 
Published: November 2023

Abstract
‘‘Women are becoming ever more conscious of their human dignity,” Pope John XXIII declared in 1963. “They will not tolerate being treated as mere material instruments, but demand rights befitting a human person both in domestic and public life,” he wrote. Women’s organizations had made extraordinary contributions to churches and synagogues during the first half of the twentieth century, but it was not until the 1960s that women began to ask for an equal say in the institutions sustained by their efforts. “The times they are a-changin’” sang Bob Dylan in 1963, and this was as true of religion as any other part of American life. Issues involving the role of women would be among the greatest challenges facing religious groups in the second half of the twentieth century. At the same time, America’s religious landscape was changing. The decade of the 1960s saw the end of legal quotas that had previously prevented entry to the United States from most countries with non-Christian populations.
Keep On Truckin’:The Southern Cycle and the Invention of the Good Ole Boy
Authors: Nystrom Derek 
Published: November 2023

Abstract
Deliverance’s Ned Beatty soon appeared on screen in a canoe once more. During the opening credits of 1973’s White Lightning, in what would seem to be a deliberate allusion to Boorman’s 1972 film, we see Beatty paddling with a partner in a canoe down a still, tree-lined river while another canoe follows closely behind. When the name “Burt Reynolds” appears in the credits, one could be forgiven for thinking that what was unfolding on screen was a sequel to Deliverance. Upon closer inspection, though, the second canoe is revealed to be tied to the first, its two young, long-haired male passengers bound and gagged. Beatty, it turns out, is no middle-class vacationer but instead a vicious southern sheriff, who, at the close of the opening sequence, shoots a hole in the young men’s canoe, causing them to sink and drown. Reynolds’s character is also not a member of the Sunbelt’s rising PMC; instead, he plays an easy going, fun-loving moonshine runner, who nonetheless seeks revenge against Beatty’s sheriff for killing his brother. In short, despite the film’s almost uncanny resemblance to Deliverance in its opening moments, White Lightning’s central conflict is not between a southern past, figured as a regressive working class, and the Sunbelt present, embodied by the PMC. Instead, the film, like the great bulk of films in the Southern cycle, turns on a battle between two representatives of southern white workingclass masculinity: the redneck and the good ole boy.
Costs of Arbitration
Authors: Madsen Finn 
Published: November 2023

Abstract
The parties shall be jointly and severally liable to pay reasonable compensation to the arbitrators for work and expenses. However, where the arbitrators have stated in the arbitral award that they lack jurisdiction to try the dispute, the party that did not request arbitration shall be liable to pay only to the extent that special circumstances so require. In a final arbitral award, the arbitrators may order the parties to pay compensation to them, together with interest from the date occurring one month following the date of the rendering of the arbitral award. The compensation shall be stated separately for each arbitrator. The Model Law does not contain provisions governing the arbitrators’ right to compensation.
International Matters
Authors: Madsen Finn 
Published: November 2023

Abstract
This Act shall apply to arbitral proceedings which take place in Sweden notwithstanding the fact that the dispute has an international connection. The provisions of sections 46-60 replace the earlier legislation in the Foreign Arbitration Agreements and Awards Act (1929:147).1 Certain provisions in the Act lack, though, any corresponding provisions in the 1929 Act. Sections 46-60 have been formulated taking into consideration Sweden’s international obligations pursuant to the 1923 Geneva Protocol, 1927 Geneva Convention,2 and the New York Convention.3 In disputes with international connections, questions concerning applicable law may arise in a number of respects. This section states which law shall govern the actual proceedings (lex arbitri)4 when they take The earlier legislation had been amended, inter alia in connection with Sweden’s accession to the New York Convention in 1972.
Entry into Force and Transitional Provisions
Authors: Madsen Finn 
Published: November 2023

Abstract
This Act shall enter into force on 1 April 1999, at which time the Arbitration Act (SFS 1929:145) and the Foreign Arbitration Agreements and Awards Act (SFS 1929:147) shall be repealed. The previous Act shall apply to arbitral proceedings which have been commenced prior to the entry into force or, with respect to enforcement of a foreign arbitral award, if the application for enforcement was made prior to the entry into force. Where an arbitration agreement has been concluded prior to the entry into force, the provisions of section 18, second paragraph, section 21, first paragraph, sub-section 1, and section 26, second and third paragraphs of the Arbitration Act (SFS 1929:145) shall apply, insofar as the period of time within which the award shall be rendered is concerned, to proceedings that are commenced within two years from the date of the entry into force of the new Act.
A New Role for Litigation in CISG Contracts: The 2005 Hague Choice of Court Convention
Authors: Brand* Ronald A 
Published: November 2023

Abstract
Discussions of international transactions often include statements about the value of arbitration as a method for resolving disputes. Among other advantages, arbitration provides respect for party autonomy; it facilitates the selection of a neutral site, it allows for the application of a neutral set of procedural rules; it offers the possibility of finality of decision that may not be available in judicial decisions subject to appeal; and it affords the opportunity to select decision-makers who are experts in the particular economic relationship involved. One of the most commonly-heard justifications for selection of arbitration over litigation, however, is the existence of the New York Arbitration Convention (“New York Convention’’), and the fact that more than 130 states are party to its rules providing for judicial enforcement (with limited exceptions) of both the agreement to arbitrate and the resulting award.
The CISG: Perspectives from an Economist
Authors: Lehn* Kenneth 
Published: November 2023

Abstract
The CISG is a potential hotbed for research by scholars in the field of law and economics. One probably would not have been able to say that back in 1966 when the United Nations Commission on International Trade Law embarked on drafting its second international sales convention, culminating in the adoption of the CISG in Vienna in 1980. Economists would not have had much to say about the topic in 1966. The dominant paradigm in economics at the time was the neoclassical model in which consumers maximize utility subject to budget constraints and businesses maximize profits subject to production function constraints. The neoclassical model assumed, for purposes of mathematical convenience, that transaction costs were zero. As Professor Harold Demsetz of UCLA has pointed out, this assumption is appropriate for some issues, such as understanding how resources are allocated in decentralized price systems, which was the focus of economists’ attention for much of the 19th and 20th centuries.1 But a model that assumes that contracting is costless does not have much to offer to scholars and practitioners trying to understand the economics of international sales conventions.
Delays in Performance UnderCISG
Authors: Magnus* Ulrich 
Published: November 2023

Abstract
“Time is a strange thing” says the Duchess in Richard StrauB’s “Rosenkavalier;’ and the same sigh may be heard from lawyers considering whether time is of the essence with respect to the fate of a contract. Indeed, delays in performance have to do with time, and they are among the most common breaches of contracts in general and of sales contracts in particular—encompassing late delivery, late payment or late performance of any other obligation. In theory, there exist three clearly distinguishable categories of breach of contract, namely non-performance, non-conforming performance and late performance. Non-conforming and late performance are distinguishable in most but not all cases. It is only a matter of time when delayed performance turns into non-performance; what starts as delay may end as complete non-performance. Because of this effect of time, the question that frequently arises is, which remedy is appropriate in case of delayed performance-will damages suffice, or should termination of the contract be granted (and if so, at what point)? The following chapter will first discuss how the CISG, or to be more precise, the practice under the CISG, deals with delay as a specific form of breach of contract. Then I shall examine whether and how parties can, through careful drafting, avoid or minimize legal problems in case of delay in performance.
A Well-Regulated Militia
Authors: Cornell Saul 
Published: November 2023

Abstract
Americans are deeply divided over the Second Amendment. Some passionately assert that the Amendment protects an individual's right to own guns. Others, that it does no more than protect the right of states to maintain militias. Now, in the first and only comprehensive history of this bitter controversy, Saul Cornell proves conclusively that both sides are wrong. Cornell, a leading constitutional historian, shows that the Founders understood the right to bear arms as neither an individual nor a collective right, but as a civic right--an obligation citizens owed to the state to arm themselves so that they could participate in a well regulated militia. He shows how the modern "collective right" view of the Second Amendment, the one federal courts have accepted for over a hundred years, owes more to the Anti-Federalists than the Founders. Likewise, the modern "individual right" view emerged only in the nineteenth century. The modern debate, Cornell reveals, has its roots in the nineteenth century, passed and the first cases on the right to bear arms came before the courts. Equally important, he describes how the gun control battle took on a new urgency during Reconstruction, when Republicans and Democrats clashed over the meaning of the right to bear arms and its connection to the Fourteenth Amendment. When the Democrats defeated the Republicans, it elevated the "collective rights" theory to preeminence and set the terms for constitutional debate over this issue for the next century. A Well Regulated Militia not only restores the lost meaning of the original Second Amendment, but it provides a clear historical road map that charts how we have arrived at our current impasse over guns. For anyone interested in understanding the great American gun debate, this is a must read.
Rights, Regulations, Revolution: The Antebellum Debate over Guns
Authors: Cornell Saul 
Published: November 2023

Abstract
During his travels in the United States, the young Charles Dickens noted Americans’ penchant for arming themselves with a grisly assortment of guns and knives. The English novelist recounted one story that was emblematic of the growing problem of interpersonal violence in the early Republic. The bloody incident recounted by Dickens involved a verbal exchange that turned deadly. Angry words led to an exchange of blows, and when one of the disputants in this altercation attempted to cane the other, pistols were drawn by the two men and gunfire exchanged. The fatal wound, however, was not inflicted by either man’s handgun. The mortal wound, Dickens recalled, was delivered with “one of those never failing weapons, a bowie-knife.”
Individual or Collective Right: The Fourteenth Amendment and the Origins of the Modern Gun Debate
Authors: Cornell Saul 
Published: November 2023

Abstract
On April 12, 1861, soldiers from the Palmetto Guard, an elite volunteer unit of South Carolina’s militia, fired on the Union forces garrisoned in Fort Sumter. The Confederacy’s attack on the fort plunged the nation into the bloodiest conflict in American history. The Civil War proved to be a watershed moment in the contentious history of the Second Amendment. The actions of the South Carolina militia took the antebellum states’ rights interpretation of the Second Amendment to its logical conclusion. The idea that a state might use its militia against the federal government, an idea vaguely theorized during the original debate over the Constitution in 1788 and that had been elaborated by Jeffersonians in the decade after ratification, was finally put into practice with tragic results. The Union’s triumph over the South discredited this insurrectionary theory of states’ rights, much as John Brown’s prewar raid on Harpers Ferry had discredited the radical abolitionist idea that individuals might take up arms against their government. After the defeat of the Confederacy the notion that a state or an individual might exercise such a right was simply no longer tenable.
Options to Establish an Appellate Mechanism for Investment Disputes
Authors: Legum Barton 
Published: November 2023

Abstract
This chapter explores options to establish an appellate mechanism for investment disputes. First, I will review the options that have been tabled for establishing such an investment mechanism. This section can be summarized in four words: there are no options. Second, I will examine why, despite the substantial discussion of this topic over the past four years, there are no options on the table. In this part of the chapter, I will show that the current investment law environment is not well suited to an appellate mechanism. I will then explore whether a compelling need for such a mechanism has been established, and finally argue that the cure in this case could well be worse than the disease.
Introduction
Authors: North Michael 
Published: November 2023

Abstract
I Before trying to answer Benjamin’s question,1 one he never explicitly answers himself, it might be worth wondering why he poses it at all. It does not seem a particularly characteristic inquiry, coming from a writer usually thought of as “intransigently melancholic, fixed to his work and the sadness of it,”2 whose only full-length published work was on the German tragic drama. And yet, in all of Benjamin’s speculations on the political significance of film, Chaplin is virtually the only performer mentioned by name, with the significant exception of Mickey Mouse. Thus, the very serious questions raised by the invention of mechanically reproduced works of art are approached primarily by way of comic examples, which sometimes seem to embody the most positive aspects of the new media. Benjamin even suggests in an early essay on Chaplin that laughter is “the most international and the most revolutionary emotion of the masses” (SW, 2:224).
The Playwright and the Audience: The Outrageousness of King Lear
Authors: Hapgood Robert 
Published: November 2023

Abstract
They walk out on Edward Bond’s adaptation, Lear (London, 1972j. They did so both times I have seen it performed, at Yale when it was new, and at its revival in Stratford-upon-Avon in 1982. Both productions were good. The audience was simply repelled by what it was seeing. The first scene includes a rash execution of a worker by Lear, and the fourth scene, the mutilation of one of Lear’s counsellors by his two rebellious daughters. The mutilation includes cutting his tongue out (one of the daughters laments, ‘O Christ, why did I cut his tongue out? I want him to scream!’), smashing his hands, and deafening him (the other daughter interrupts her knitting, and coolly pokes the knitting needles into the victim’s ears: ‘I’ll just jog these in and out a little. Doodee, doodee, doodee, doo.