bluuebunny/crossref_metadata_2025_split huggingface dataset:
A Letter Sings
Authors: Palma Ricardo 
Published: November 2023

Abstract
Up to the middle of the sixteenth century we see the phrase “letters speak” used by the purest of Spanish prose writers, meaning that such and such a fact is referred to in letters. But all of a sudden letters weren’t content to speak, but broke into song; and even today, in order to put an end to a dispute, we are in the habit of putting a hand in our pocket and taking out a missive as we say: ‘Well, sir, a letter sings.” And we read in public the truths or lies that it contains, and the battleground is ours. Creoles don’t refer to letters as either speaking or singing, and confine themselves to saying: “a bit of paper speaks.” Last night while reading the Jesuit Acosta, who, as you know, wrote about the events of the conquest at length and in detail,1 I came upon a story and said to myself: “The phrase already appears here,” or what amounts to the same thing, even though Father Acosta doesn’t say so, he examines the origin of the little phrase in question, for which I am going to claim before the Royal Spanish Academy the honors of a Peruvianism.
The Latin of a Young Lady of Lima
Authors: Palma Ricardo 
Published: November 2023

Abstract
It is well known that in the system of education in the past, it was very important to make youngsters waste three or four years studying the language of Virgil and Cicero, and that in the end they were left not rightly knowing either Latin or Spanish. I am of the opinion that Heinecius with his Metaphysics in Latin, Justinian with his Institutes in Latin, and Hippocrates with his Aphorisms in Latin must have left little trace in the minds of young scholars. And I don’t say that because I think-heaven free me from talking such nonsense!-that in the past there were not eminent men learned in letters and science among us, but because it worries me to imagine a university proceeding in which a doctoral thesis, always greeted with loud applause, was read for 60 minutes, when the gathering of ladies and prominent personages who did not know the slightest thing about Nebrija and the professors who taught Duns Scotus and Digestus the Elder were sometimes left as much in the dark as the last lay brother.
Santiago the Flier
Authors: Palma Ricardo 
Published: November 2023

Abstract
It would be difficult to find anyone from Lima who, in his childhood at least, has not attended a puppet show. It was a Spanish woman, dona Leonor de Goromar, who in 1693 asked for and obtained the permission of the viceroy, the count of La Monclova, to put on a show that has been and will be the delight of children, and that has immortalized the names of flo1 Pancho, flo Manuelito, and flo Valdivieso, the most famous puppeteer of our day.
The Demon of the Andes
Authors: Palma Ricardo 
Published: November 2023

Abstract
Arevalo, a little city in Old Castile, gave birth to the soldier who by his indomitable valor, his military gifts, his exploits that border on the fantastic, his rare good fortune in combat, and his sarcastic and cruel temperament was known, in the first days of the colonial period, by the name of The Demon of the Andes. Who were his parents? Was he born on the wrong side of the blanket or the fruit of an honorable marriage? History maintains a profound silence on these points, although we have read a book in which it is stated that he was the natural son of the terrible Cesare Borgia, duke of Valentinois.
The Royalist Smells of Death to Me
Authors: Palma Ricardo 
Published: November 2023

Abstract
I have often heard, from the mouth of old ladies, the following catch phrase: “The royalist smells of death to me,” and as I was investigating its origin I was given the following account by a respectable elderly man who had been a lieutenant in the Alejandro Imperial Regiment number 45. I need only add that a large part of his account is consistent with the historical documents that I have been able to consult.
The Incas Who Played Chess
Authors: Palma Ricardo 
Published: November 2023

Abstract
The Moors, who dominated Spain for seven centuries, introduced the love of the game of chess into the conquered country. Once the expulsion of the Moors by the Catholic Sovereign Isabella was ended, it was only natural to presume that all their habits and pastimes would disappear with them. But far from it; among the heroic captains who destroyed the last bastion of lslamism, the liking for the chess board with 64 squares, or checkers as they are called in heraldry, had taken deep root.
Common Law Justice
Authors: Yarbrough Tinsley E 
Published: November 2023

Abstract
The Supreme Court David Souter joined in October 1990 had long been the target of a battle for its jurisprudential soul-a struggle waged, with varying degrees of intensity on and off the Court, since Chief Justice Earl Warren’s 1969 retirement. In his 1968 presidential campaign, Richard Nixon had vowed to place “strict constructionists” on the Court-justices who would overturn or substantially restrict the expansive civil liberties precedents of the Warren era. Before the Watergate scandal forced him from office, Nixon appointed Minnesota native and conservative federal appeals court judge Warren Burger, a vigorous critic of Warren Court decisions expanding the rights of criminal defendants, to replace Warren and named as associate justices Burger’s boyhood friend Harry Blackmun, distinguished Richmond lawyer and former president of the American Bar Association Lewis Powell, and William H. Rehnquist, head of the Nixon Justice Department’s Office of Legal Counsel. During his brief tenure as Nixon’s successor, Gerald Ford chose federal court of appeals judge John Paul Stevens to replace William 0. Douglas in 1975, and in 1981, Ronald Reagan nominated Sandra Day O’Connor to join the Nixon-Ford appointees and Warren Court holdovers William Brennan, Byron White, and Thurgood Marshall on the high bench.
Constitutional Nationalist
Authors: Yarbrough Tinsley E 
Published: November 2023

Abstract
AS David Souter Entered the second half of his first decade on the Supreme Court, his record became part of the 1996 presidential election campaign. Republican Senator Robert Dole, who would go down to defeat in a challenge to President Bill Clinton that year, selected New Hampshire governor Steven Merrill to chair his campaign. Both Dole and Merrill were opponents of abortion rights. But in an appearance on Meet the Press as the New Hampshire presidential primary approached, the governor defended Souter’s appointment to the Court by a GOP president, despite the justice’s reaffirmation of Roe v. Wade’s essence in the Casey plurality opinion. Terming Souter the “kind of justice that I would hope President Dole would appoint, from an intellectual point of view,” Merrill professed “enormous respect” for Souter. While conceding that they disagreed on the abortion issue “perhaps...more than I initially realized that we did,” he also contended that a court candidate’s abortion stance should not be a “litmus test” for judicial fitness. Instead, said Merrill, “we ought to use a litmus test of quality and integrity and intellectual substance, and certainly David Souter has those.” The governor also defended Dole’s Senate votes supporting President Clinton’s nomination of Ruth Bader Ginsburg and Stephen Breyer, two abortion supporters, to the Court.
Traditional Republican
Authors: Yarbrough Tinsley E 
Published: November 2023

Abstract
In The Fall Of 2000, when David Souter began his second decade on the Court, the nation was in the final months of what was to become the closest presidential race in history. The justice’s record had already become something of an election issue that year, although not as a Democratic weapon against the GOP. Instead, Souter was a target in the continuing efforts of the modern Republican Party’s most conservative elements to purge the influence of the GOP’s northeastern wing, with its traditional roots in the Civil War, abolition, and Reconstruction, and its moderately liberal positions on civil rights and other social issues.
To the End of the Night
Authors: Nnajder Zdzisaw 
Published: November 2023

Abstract
On 24 April 1890, a few days before Conrad returned to Brussels from Poland, Henry Morton Stanley, the famed nineteenth-century traveler, delivered a speech in the building of the Brussels Exchange. He had just arrived in great triumph after a successful expedition for the relief of Emin Pasha, who had been cut off by the Mahdist revolt. “What does the greatness of a monarch consist in?” he asked. “If it is the extent of his territory, then the Emperor of Russia is the greatest of all. If it is the splendour and power of military organization then William II takes first place. But if royal greatness consists in the wisdom and goodness of a sovereign leading his people with the solicitude of a shepherd watching over his flock, then the greatest sovereign is your own.”
The Typescript of “The Heart of Darkness”
Authors: Michael Marion , Berry Wilkes 
Published: November 2023

Abstract
Conrad began writing the story first called “The Heart of Darkness” in mid-December 1898 and finished the first draft, represented by the fragmentary holograph, in early February 1899.1 In addition to the holograph, now located at Yale, another pre-publication state of “The Heart of Darkness” exists, a fragmentary typescript which was among the items in the William T. H. Howe Collection purchased by Dr. Albert A. Berg in 1940.2 A study of this typescript provides the textual scholar with information that is vital to his understanding of the stages in the early history of the transmission of the story and thus ultimately to his establishing an authoritative text. Further, a comparison of the readings of the typescript, reflecting internal revisions in both accidentals and substantives, against the readings of the holograph and the serial printing in Blackwood’s Edinburgh Magazine allows one to gauge Conrad’s evolving thoughts about the rendering of an idea and to realize the great care which Conrad gave to finding the right words, in the right order, to suit his artistic purposes.
Letter to Frederick Douglass
Authors: Stowe Harriet Beecher 
Published: November 2023

Abstract
SIR,—You may perhaps have noticed in your editorial readings a series of articles that I am furnishing for the “Era” under the title of “Uncle Tom’s Cabin, or Life among the Lowly.”
In the course of my story the scene will fall upon a cotton plantation. I am very desirous, therefore, to gain information from one who has been an actual laborer on one, and it occurred to me that in the circle of your acquaintance there might be one who would be able to communicate to me some such information as I desire. I have before me an able paper written by a Southern planter, in which the details and modus operandi are given from his point of sight. I am anxious to have something more from another standpoint. I wish to be able to make a picture that shall be graphic and true to nature in its details. Such a person as Henry Bibb, if in the country, might give me just the kind of information I desire. You may possibly know of some other person. I will subjoin to this letter a list of questions, which in that case you will do me a favor by inclosing to the individual, with the request that he will at earliest convenience answer them.
Letter to Mrs. Follen
Authors: Stowe Harriet Beecher 
Published: November 2023

Abstract
My dear madam,—I hasten to reply to your letter, to me the more interesting that I have long been acquainted with you, and during all the nursery part of my life made daily use of your poems for children. I used to think sometimes in those days that I would write to you, and tell you how much I was obliged to you for the pleasure which they gave us all.
So you want to know something about what sort of a woman I am! Well, if this is any object, you shall have statistics free of charge. To begin, then, I am a little bit of a woman,—somewhat more than forty, about as thin and dry as a pinch of snuff; never very much to look at in my best days, and looking like a used-up article now.
The Civil Law
Authors: Fletcher George P , Sheppard Steve 
Published: November 2023

Abstract
Before we go further in developing an understanding of the common law, it will be useful to contrast its methods with those of the civil law. The identity of “civilian lawyers” is born when they go abroad. It is a little like being an “African.” Only when the Kenyan or Nigerian (or, the Kikuyu or Yoruba) comes to another continent does she begin to think of herself as an African. The same thing is true of lawyers in Italy, Spain, France, Germany, Korea, and Japan. The sense that they all belong to the same “legal family” is acquired when they leave their homeland and confront the other family, the common law. The Francophones of Québec think of themselves as adherents of the “civil law” only because they are confronted on a daily basis with the “other”—the Anglophone common lawyers. But the Germans and French and Spaniards read few contemporary books about the “civil law” and do not use a term in their respective languages to refer to themselves as “civil lawyers.” Their common identity is geographical, not legal. They think of themselves most likely as Germans, French, or Spaniards or, increasingly, as “Europeans”— perhaps as “Continental Europeans” to distinguish themselves from the English, Scots, and Irish.
The Language of Law Common and Civil
Authors: Fletcher George P , Sheppard Steve 
Published: November 2023

Abstract
The exact differences between law in the English-speaking world and law originating in the countries on the European continent remain disputed, but we may continue to work with the labels classifying legal systems as “common law” and “civil law.” We have probed the matter sufficiently to know that language plays a major role in generating the distinctive personality of each family of legal systems. Discussing law in English differs in fundamental respects from parallel conversations in French, German, and other Continental languages. The purpose of this chapter is to alert students to the particularities of English as a legal language.
The Constitution as Code
Authors: Fletcher George P , Sheppard Steve 
Published: November 2023

Abstract
The words of the Constitution are treated as nearly sacred. Read this abridged version very carefully, and then answer the questions posed at the end of the chapter. We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Judicial Review
Authors: Fletcher George P , Sheppard Steve 
Published: November 2023

Abstract
In the early nineteenth century, no facet of U.S. law distinguished American law more from civilian legal systems—indeed, from many common law systems—than did the institution of judicial review, the idea that courts have the authority to review the acts of legislatures or officials and to declare void statutes and orders that conflict with the Constitution. Our sense of this institution is rooted in the famous case of Marbury v. Madison, and therefore we shall refer to it as judicial review in the Marbury sense or judicial review over legislation. The same power of review is held by the various state courts, which measure state laws and official actions under both the federal and state constitutions. Judicial review over legislation is distinct from the power of courts to review and overrule administrative decisions. This is also called “judicial review” in Great Britain, where the courts are not thought to have the power of judicial review over acts of Parliament.
Federalism
Authors: Fletcher George P , Sheppard Steve 
Published: November 2023

Abstract
There is a major difference between the Supreme Court’s reviewing the constitutionality of an act of Congress and the Court’s reviewing the states’ interpretations of federal law. Under the supremacy clause, there is little doubt that federal law trumps inconsistent state law. The Court’s power to review state court decisions about federal law was settled in 1816 in Martin v. Hunters Lessee (14 U.S. 304). In that case, the Court interpreted and applied a treaty of 1783 that protected Lord Fairfax’s claim to certain pieces of land in Virginia.
The Frontiers of Property
Authors: Fletcher George P , Sheppard Steve 
Published: November 2023

Abstract
The concept of property is central to American legal thinking. This follows from several legal propositions that attach more significant legal consequences to property than to contract rights. One of the primary propositions is the constitutional principle that neither the states nor the federal government may deprive one of property without due process of law. As a result of this idea, there is an enormous push to regard various government benefits as property rights. Social security, welfare payments, unemployment insurance, Medicaid—they could all be treated as vested property rights rather than as mere statutory entitlements. Calling them “property” raises procedural barriers to the government’s denial of payment in particular cases: The officials must meet the standards of “due process”; they cannot simply decide that A deserves benefits and B does not. In an influential article written in the liberal spirit of the 1960s, Charles Reich introduced the term “the new property” to refer to these governmental entitlements.
Contract as Justice
Authors: Fletcher George P , Sheppard Steve 
Published: November 2023

Abstract
For the time being at least, contracts are alive and well. They testify to an important liberal principle, namely, that people can come together as strangers and voluntarily commit themselves to an agreement that takes the place of the law between them. The final contract, whether it is written or spoken, is not the only manner in which the law acknowledges voluntary actions that give rise to commitments a stranger may enforce. In the common law, such commitments may arise through conduct on which another person has a right to rely, or act in detrimental reliance. This right of reliance may occur as a result not just of the making of a contract but also of the negotiation and conduct prior to a contract. In the process of negotiating a contract, the negotiators establish a relationship, and they come to expect certain behavior of their negotiating partners. This relationship is particularly important in the civil law, and we will illustrate the common law aspect of it through its civilian counterpart.
Economic Efficiency
Authors: Fletcher George P , Sheppard Steve 
Published: November 2023

Abstract
Traditional ideas of justice and morality in the law now face a radical challenge from economists and economically trained lawyers. Every good law school faculty now includes at least one scholar trained in a field called “law & economics” (L&E, for short).1 A novel form of interdisciplinary research has become a movement. In some areas, such as antitrust and unfair competition law, economic understanding is indispensable. But the devotees of L&E make their most challenging contributions in other fields of law where economics has had, until recently, no apparent bearing. The battleground for this new way of thinking about law has been torts or accident law.
From Contributory to Comparative Fault
Authors: Fletcher George P , Sheppard Steve 
Published: November 2023

Abstract
All of private law and criminal law reduce to two basic models of human interaction. One model is illustrated by the plaintiff sitting in his living room when an airplane crashes into his house, causing injury to him and damage to the house. Call this the model of aggression. The alternative is typified by the automobile accident in the case selected for this chapter, Li v. Yellow Cab. Two cars collide on the highway. Neither is the apparent aggressor. They are interacting parties. And the question is, When both parties contribute to the accident, how do you decide which should pay for it?
Self-Defense: Domestic and International
Authors: Fletcher George P , Sheppard Steve 
Published: November 2023

Abstract
As self-defense was the central issue in the Goetz case, it is also the anchor that orients the law of war. Military aggression is prohibited under international law, but the use of military force in self-defense is permissible under the United Nations Charter Article 51. At some point, prohibited military aggression becomes justifiable self-defense. The activity might look exactly the same, with battles on the ground and in the air, but the legal valence is just the opposite. The problem for lawyers is fathoming the point of transformation when aggression becomes self defense. The classification might be controversial. Consider the Israeli defense against Egypt in 1967; some people claim that the Six Day War was a war of aggression. Or judge the American invasion of Iraq in 2003.
Causes and Correlates of Police Corruption
Authors: Ivković Sanja Kutnjak 
Published: November 2023

Abstract
For a long time, the dominant explanation of police corruption relied on the characteristics of individual police officers. It was believed that police officers engaged in corruption because of their low moral values. Once their corrupt behavior became public knowledge, the administrators were quick to point to these police officers as “rotten apples.” The remedy was to blame them, discipline them harshly (typically by firing them), and proclaim the agency to be otherwise clean.
Corruption Control Detection, Investigation, and Discipline
Authors: Ivković Sanja Kutnjak 
Published: November 2023

Abstract
Although a variety of control mechanisms — from the police agency itself to the courts, mayors, media, and independent commissions—have been put in place to prevent police corruption, police scandals from New York (Mollen Commission, 1994) to Los Angeles (Los Angeles Police Department, 2000) and from Chicago (Warmbir, 2001, p. 6) to Miami (Burns & Sechrest, 1992) suggest that police officers do engage in organized and serious corruption. This chapter and the next chapter analyze the existing mechanisms of corruption control and the reasons for their lack of success. Especially illustrative cases are those of police agencies characterized by widespread and organized corruption.
Truth and Consequences: The Penalty of Death
Authors: Marquis Joshua K 
Published: November 2023

Abstract
I come to the debate over capital punishment with a very different background from my learned colleagues in this book. I am neither a scholar, a jurist, nor a crusader for the wrongly accused. I have spent most of the last 20 years as a prosecutor; in the last decade I’ve served as an elected district attorney who answers to the voters every four years, and I’ve made very personal decisions about capital punishment. In the previous decade, I was the chief deputy-the number two person-in two other prosecutors’ offices. In both jobs I was assigned, or later assigned to myself, the job of handling all murder cases, including the worst of them: capital cases, or what in many states is called “aggravated murder.”