bluuebunny/crossref_metadata_2025_split huggingface dataset:
Case Method and Legal Science
Authors: LaPiana William P 
Published: November 2023

Abstract
The legal science of the antebellum period and the antebellum law school were closely related. A science of ordered principles based ultimately on the truths of revelation was inculcated in institutions designed as much to strengthen their students’ resolve to be proper lawyers as to teach them what they would need to know as practitioners. The law school Langdell helped create was also a reflection of his idea of legal science. What that idea was has been a source of scholarly debate for some time. Recent work has begun to recognize the connections between Langdell’s vision of legal science and that of his antebellum forebears. The dean’s talk of principles to be extracted from cases is the old language of Baconian science applied to a new subject matter. The legal science of the antebellum law school subordinated cases to great principles of law based on universal truth. Cases were the material from which the principles to be taught could be induced; they were not the substance of teaching. Langdell’s science and his teaching looked to the cases themselves as the law.
Opposition
Authors: LaPiana William P 
Published: November 2023

Abstract
Despite the victory in Chicago, the rise to dominance of the Harvard model of legal education was not a triumphal progress. Within the school, debate and dissension went on for decades. Elsewhere, in writings about the training of aspiring lawyers, criticism of Harvard’s methods was constant. This criticism occurred in two phases. In the first phase, impracticality in Harvard’s methods was asserted. The belief that “instruction at (Harvard Law School] was particularly technical and historical, and when completed, necessitated an apprenticeship in some good attorney’s office,” found expression in the founding of Boston University Law School. There teachers familiar with the practice of law offered not only an introduction to the science of law but also training designed to enable students to enter active practice on graduation. Similar concerns surfaced in the debate about the diploma privilege in New York. The Albany Law Journal printed several editorials in the early and mid-1870s advocating legal education that would “familiarize (the student] with the details of practice and the examination of witnesses. “ Theimposition of a clerkship requirement by the court of appeals and its acceptance by Eliot and Langdell went far to answering these objections.
Reconciliation
Authors: LaPiana William P 
Published: November 2023

Abstract
As the twentieth century began, prospects for cooperation between the bar and law schools seemed dim. In 1900 thirty-five law schools organized the American Association of Law Schools (AALS) to give the academic world an organization separate from the American Bar Association’s legal education section. While the two organizations continued to meet together from 1900 until 1913, their relationship was not a happy one. The separation of the annual meetings was occasioned, according to the law teachers, by the older organization’s disregard for both legal educators and legal education. The last straw was the decision to move the date of the ABA’s meeting from August to October, a time particularly unpropitious for academics. The differences, however, encompassed more than a disagreement over a convenient time to meet. The nature of legal education still divided the bar and some professors. In fact, the professors themselves were divided, but the nature of those divisions shows that the Harvard model was on its way to triumph in academia, in part because it eventually helped bring the schools and the bar together.
They Knew What Time It Was: African-Americans
Authors: Blight David W 
Published: November 2023

Abstract
Exactly when and how “all . . . knew” that slavery was the cause of the war, and just how Americans came to understand, or deny, emancipation and the promise of black equality as central legacies of the war remain questions open to debate. Indeed, just how much we “all know” or understand today of the active role of blacks themselves in the coming of the Civil War-what sectional strife, the lived experience of slavery, the war, and emancipation meant to black people-remains a rich field of inquiry.
The Divided South, Democracy’s Limitations, and the Causes of the Peculiarly North American Civil War
Authors: Freehling William W 
Published: November 2023

Abstract
Such ideological imperialism, however, has sometimes illserved this nation. In striving to spread their supposedly ideal political system, Americans on occasion have generated foreign policy disasters, especially in Vietnam. So now more than ever, historians must remind their fellow citizens that democracy, like all things human, is no universal panacea. American democracy indeed could not peacefully resolve our own gravest social problem, slavery. It is a telling historical irony that of all the New World slavocracies, only slaveholders in the United States lived in an advanced republic, and only the United States required a civil war between whites to abolish slavery for blacks.
Properties of Chaotic Phenomena
Authors: Bassingthwaighte James B , Liebovitch Larry S , West Bruce J 
Published: November 2023

Abstract
Two time series are illustrated in Fig. 6.1. They look similar. They have approximately the same statistical properties, approximately the same mean, and approximately the same variance. They both look random, but we now know that not everything that looks random is random. These two time series are very different. The time series on the left is random; it was generated by choosing random numbers. However, the time series on the right is not random at all; it is completely deterministic.
From Time to Topology: Is a Process Driven by Chance or Necessity?
Authors: Bassingthwaighte James B , Liebovitch Larry S , West Bruce J 
Published: November 2023

Abstract
The data from our senses and the measurements recorded by our instruments are only a shadow of reality. We analyze the data and the measurements to reconstruct the Platonic “artifacts” that produced those shadows. For example, we use the spots on an X-ray diffraction pattern to infer structural information about the three-dimensional shape of a protein. The physical spots on the photograph, that we can touch with our fingers, are further removed from the reality of the protein than the “cartoon” of protein structure that we form in our mind’s eye and display on our computer screen.
Pre-verbal Negative Markers
Authors: Zanuttini Raffaella 
Published: November 2023

Abstract
A question that arises in several domains of syntactic research concerns the syntactic characterization of negative markers that precede the finite verb. The puzzling fact is that such negative markers do not exhibit consistent behavior across languages, or even in different stages of a single language. In some cases they interfere with head-movement processes (such as verb movement), or count as first position in contexts that show second-position effects. Yet, in other cases, they do not interfere with head-movement processes nor do they count as first position
Economies of Scale and Scope Among the World’s Largest Banks
Authors: Saunders Anthony , Walter Ingo 
Published: November 2023

Abstract
Do economies of scale and scope exist in financial services? This question lies at the heart of strategic and regulatory discussions about optimal firm size in the banking sector. From a public policy perspective, geographic restrictions and barriers between banking, securities, and insurance have prevailed in the United States, but are either less onerous or entirely absent in most of the other OECD countries. If economies of scale and scope are indeed important determinants of competitive performance, then the traditional U.S. interstate branching and functional limits may have had a significant adverse impact on U.S. banks’ attempts to compete against their foreign-based rivals.
Classification of Writing Systems
Authors: Lyovin Anatole V 
Published: November 2023

Abstract
Writing is only a secondary aspect of language, that is, it is only a means of symbolizing spoken languages, often a very imperfect means at that. How ever, since we are more frequently confronted with unfamiliar and exotic looking foreign scripts than actual foreign languages as they are spoken, and since we shall encounter several exotic scripts in the language sketches, it will not do to omit discussing the various scripts of the world. Here the emphasis will be on the typology of the writing systems that are currently in use rather than on the historical development of writing and the ancient scripts.
Pidgin and Creole Languages
Authors: Lyovin Anatole V 
Published: November 2023

Abstract
Pidgin and creole languages used to be referred to as “mixed languages,” but in recent years this term has been abandoned in favor of “contact languages.” The reason for this is perhaps that the term “mixed” suggests hodgepodge, chaos, and lack of norms, whereas not all pidgins and none of the creoles are in fact chaotic mixtures, nor are they in most major respects any different from the established languages that most of us are familiar with. Also, if by “mixed” we mean “influenced by other languages,” the term is really empty of meaning since all languages have at some time been influenced by some language or other.
Conclusion
Authors: Henry Alison 
Published: November 2023

Abstract
In the preceding chapters we have examined a number of the ways in which Belfast English differs syntactically from standard English. We saw that there are a number of underlying differences between the dialects, and even within Belfast English, and the differences did not appear to reduce to the effects of one or two parameter-setting differences whose effects spread throughout the grammar.
However, all of the differences observed were of the same type as differences found between languages; they related for example to the strength or weakness of functional elements, or the status of elements as clitics or independent items.
Thus, it seems that, if the Belfast English case is representative, dialects differ from one another, as one might expect, in the same way that languages do: the difference between “language” and “dialect” is after all more a political than a linguistic construct. It was not the case that, to account for the fine-grained differences found between dialects, we had to resort to language-particular rules, or any kind of “micro parameters” which differ from the kinds of parameter which account for more substantial differences between languages.
The Argument for Judicial Review
Authors: Perry Michael 
Published: November 2023

Abstract
I address two fundamental questions in this book: the question of the approach to constitutional interpretation the Supreme Court should follow, and the question of the nature of the role the Court should playhow large or active, or how small or passive-in bringing the interpreted Constitution to bear in resolving constitutional conflicts. Neither question would arise but for the practice of judicial review, which involves, centrally, the Court interpreting the Constitution in the course of resolving constitutional conflicts. In this chapter, I inquire into the legitimacy of judicial review. I do so not because the legitimacy of the practice is at issue in the United States today; judicial review seems to enjoy virtually consensual support in contemporary American society.I I do so because it is useful to explain why a practice that yields persistent controversy about constitutional interpretation and proper judicial role not merely enjoys our support but merits it. Moreover, as I explain in chapter 3, the argument for judicial review-the particular argument I make in this chapter-bears strongly on the argument I make in chapter 3 for the approach to constitutional interpretation that should inform the practice of judicial review. As I said in chapter 1, the question of the legitimacy of the practice of judicial review and the question of the approach to constitutional interpretation that should inform the practice are inextricably linked. As this and the next chapter illustrate, one’s response to the first question is an essential determinant of one’s response to the second.
Proposals ior Unity by Means Short oi War
Authors: Khadduri Majid , Ghareeb Edmund 
Published: November 2023

Abstract
In 1958, two pan-Arab unions were established: the United Arab Republic (UAR), composed of Egypt and Syria under the leadership of Nasir, president of Egypt, and the Arab Federal Union (AFU), composed of Iraq and Jordan, under the Hashimi family, the ruling dynasty in Iraq and Jordan. Because the UAR was an ally of the Soviet Union, the Hashimi family, a great friend of the West, received Western support in its endeavors to cooperate with other Arab countries friendly to the West (such as Saudi Arabia and Kuwait) in order to stand as a bulwark against the overwhelming appeal which Nasir’s drive to achieve a grand pan-Arab union extending from the Atlantic to the Indian oceans had garnered. Approached to join the AFU, Saudi Arabia re¬ plied that it would support the Hashimi rulers in their cooperation with the West, but it did not want to abandon its traditional policy of non interference in inter-Arab relationships.
Drives and Events Leading to the Invasion oi Kuwait
Authors: Khadduri Majid , Ghareeb Edmund 
Published: November 2023

Abstract
Three underlying factors may be said to have prompted the Iraqi leadership to invade Kuwait in August 1990.First, the eight-year war with Iran, which Iraq hoped would be followed by a period of peace and reconstruction, produced instead conditions of insecurity and suspicion among all members of the Gulf family. Since no prospect of a peace treaty establishing normal relations with Iran was in sight (only a U.N. cease-fire), Iraq began to suspect that Iran might, at any moment, resume the war in order to impose its own terms in a peace treaty. For this reason, when Iraq began to reduce its standing army, it decided at the same time to reinforce its rearmament program not only for defence against Iran, but also for security in the Gulf region.
The Role oi the United Nations
Authors: Khadduri Majid , Ghareeb Edmund 
Published: November 2023

Abstract
The role of the United Nations in the Gulf crisis is unique. Its resolutions and the celerity with which they were adopted hadnever been witnessed before. For no sooner had Iraq started to invade Kuwait on August 2, 1990, than the Security Council met on the same day and adopted its first mandatory resolution against Iraq demanding withdrawal from Kuwait “immediately and unconditionally” on the basis of an appeal by the ruler of Kuwait, Shaykh Jabir, and his prime minister, Shaykh Sa’d, who had fled the country to Saudi Arabia. In the meantime, President Bush, on the strength of the request of the Kuwaiti ambassador to the United States, instructed the State Department to bring the crisis before the Security Council.
The Coalition War
Authors: Khadduri Majid , Ghareeb Edmund 
Published: November 2023

Abstract
The failure of the Geneva meeting to persuade Iraq to withdraw from Kuwait before January 15, 1991 meant that Iraq must bedriven out of Kuwait by resort to force. In other words, there would be “war” between the Coalition powers and Iraq. As such a “war” is prohibited under the U.N. Charter, save in “self-defence.” Under Article 51 of the U.N. Charter, the “war” that the Coalition had launched was not carried out by a “declaration of war” against Iraq, as defined under International Law, but as a “police action,” ordered by the higher authority of the United Nations which represent the will of the community of nations. As a “police action,” the Coalition War implicitly meant that Iraq was liable to punishment for its aggression against another state. Indeed, the manner the Coalition War was prosecuted seemed not only to drive Iraq’s forces out of Kuwait, as it was announced, but also to punish a nation by the destruction of its industrial and infrastructure centers contrary to the norms governing war as defined under International Law.
Arab Responsibilities
Authors: Khadduri Majid , Ghareeb Edmund 
Published: November 2023

Abstract
The Gulf crisis, leading to the Coalition War, passed through various stages of development. It began as a territorial disputeover the frontiers between Iraq and Kuwait. But when differences on oil prices and overproduction adversely affected Iraq’s income from oil, the crisis no longer remained confined to two countries; it first became a problem for Arabs to resolve on the regional plane and later for Western powers on the international plane. A discussion on Arab responsibilities will be dealt with in this chapter, and on Western responsibilities in the pages to follow.
Conclusion: Was the War Inevitable?
Authors: Khadduri Majid , Ghareeb Edmund 
Published: November 2023

Abstract
“For every problem there is a solution,” Shaykh Jabir, Amir of Kuwait, is reported to have told Saddam Husayn.1 This saying,often quoted to break a deadlock in negotiations, was made by Shaykh Jabir, when he and King Fahd of Saudi Arabia were on their way to the airport escorted by Saddam Husayn, following the Arab Summit meetings in Baghdad (May 28-30, 1990). In a closed meeting of the summit-to which we have referred earlier-Saddam had bitterly complained about an “economic warfare” which his Arab brothers had waged against Iraq by overproduction of oil resulting in lowering oil prices and reducing Iraq’s income from oil. As Kuwait was the leading Arab brother that pursued such a policy, Shaykh Jabir made his statement as a hint that Kuwait was ready to come to an understanding with Iraq to resolve the problems that had arisen between the two countries.
To ’Determine the Future Course of Litigation’
Authors: Nagel Robert F 
Published: November 2023

Abstract
Making the Record on Segregated Universities In 1945 Heman Marion (’Bill’) Sweatt was a mail carrier in Houston. For several years he had been concerned about the postmaster’s policy of barring African-Americans from being clerks, which meant that they could never become super-visors. Active in the postal workers’ union, Sweatt worked with a local lawyer to develop a complaint against the postmaster. Sweatt’s experience with discrimina-tion and his sense that lawyers could help remedy it led him to decide to go to law school. He had graduated from college in 1934, after which he worked as a porter and then for a year as a teacher in Cleburne, Texas. In Houston, Sweatt became active in the NAACP, writing columns for the local African-American newspaper and, in 1944, delivering the principal speech at a rally celebrating National Negro Youth Week.I Sweatt decided to apply to law school just as the NAACF was trying to locate plaintiffs to challenge segregated education in universities. As World War II wound to a close, the NAACP’s lawyers began to think about their next steps in the attack on Jim Crow. After quickly deciding to focus on education and transpor-tation, they worried about the implications of different strategies. In 1946 Robert Carter pressed Marshall and Hastie, the more experienced lawyers, to ’make an all out attack on segregation,’ saying that they had ’run up against something of a blank wall.’ According to Carter, Marshall believed that transportation cases should come first, because there ’the question of social equality is least likely to be introduced to confuse the court’s thinking.’ Carter and Hastie disagreed with that assessment. Carter thought that the gross inequities of separate but equal could be ’best illustrated in a clear and understandable fashion’ in school cases. Hastie argued that ’any court will have the school problem in mind when it passes on transportation,’ so the NAACP ’might as well look forward to the ultimate attack upon the school situation where inequalities are more glaring and the injury to the community is more apparent.’ Hastie disagreed with Carter, though, about mak-ing ’the big legal push against segregation,’ because he was convinced that the Supreme Court would uphold it. He recommended pursuing the ’painfully slow’ litigation against segregation in higher education and urged ’local attacks on un-
’Replete with Road Markings’
Authors: Nagel Robert F 
Published: November 2023

Abstract
The Supreme Court Deals with Segregated Universities Waiting for the Court to decide whether to hear Sweatt, Marshall again got the lawyers together to ’take stock of the present situation and plan for future legal strategy.’ Hastie opened the meeting in June 1949 with a discussion of ’the changes in the law’ during the prior fifteen years. Then Ming discussed Plessy, to help ’get the theories straightened out’ before applying them to actual cases. One issue that had irritated the NAACP’s lawyers arose again. Some interest-group representatives, who filed amicus briefs, insisted that it was inconsistent to attack segregation itself and yet focus the cases on actual inequalities. The LDF staff thought that there was no such inconsistency, because, as Annette Peyser, the sociologist on the staff, put it, segregation was the disease and inequalities were the symptoms. Peyser thought, however, that the staff had reacted too defensively to outside criticism, and that the long-range interests of the NAACP would be better served by ’getting beyond interorganizational jealousies. ’1 In November, the Court announced that it would hear Sweatt and scheduled argument for April 4, 1950. On November 14, Robert Carter divided up the research. His plan was comprehensive. Carter himself would develop the argu-ment that the Constitution barred states from ’mak[ing) race or color the basis for legislative or governmental classification,’ because ’racial criteria are unreason-able’ and ’have no relation to the subject matter.’ He also would argue that Plessy was wrongly decided because discrimination was inevitable under the separate but equal doctrine, and because it was used ’to maintain Negroes in an inferior color caste status.’ He proposed historical research on the proposition, strikingly phrased, that ’the Fourteenth Amendment was not intended to prohibit segrega-tion in the field of education.’ Jack Greenberg was to examine whether the courts should presume that classifications based on race were unconstitutional, just as they treated laws affecting free speech rights. Peyser would compile ’whatever sociological and psychological findings or conclusions can be drawn’ about the way separate but equal actually worked in education. Marshall would develop the
’Civil Rights . . Civil Wrongs’ Massive Resistance to Brown, 1955-1961
Authors: Nagel Robert F 
Published: November 2023

Abstract
Even carefully administered pupil placement laws did not satisfy some opponents of Brown. For them, such laws accepted the principle that sometime, somewhere, some African-American child could attend school with white children. Many Southerners could not accept the principle that segregation was wrong, nor the reality of token desegregation. They sponsored another set of devices to overcome Brown, the program of ’massive resistance.