bluuebunny/crossref_metadata_2025_split huggingface dataset:
Fact-Finding in the Fog: Determining the Facts of Upheavals and Wars in Inter-State Disputes
Authors: Crook John R 
Published: November 2023

Abstract
Should they pause to reflect, most international lawyers would likely accept the thought that the science and art of deciding legal disputes involves at least three inter-related components. The first two involve determining the relevant law and the relevant facts. Then comes stage three—applying the law to the facts. The first two steps are iterative in nature. The relevant law will depend on the facts, and the relevant facts will depend on the relevant law. As Hardy Dillard observed, “in important cases, the problem is not merely one of ferreting out facts but of identifying those that are both relevant and significant—a process entailing value-laden assumptions which determine criteria of discrimination.” But lawyers are familiar with this iterative process and generally work through it without difficulty.
Our Choice
Authors: O’Neill Philip D 
Published: November 2023

Abstract
Benjamin Franklin observed that “they that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” Today, citizens may question that simple judgment when millions of their voices can be forever silenced instantly in a nuclear flash. The legal struggle was and remains that of balancing rights and accountability. In fact, the intrusive surveillance of the Executive Branch has worked to produce timely intelligence. Our safety has been enhanced. At the same time, that surveillance has been conducted with little or no accountability. To the public, the lack of oversight has been at best disquieting and at worst unlawful. Our representatives belatedly seek to restore checks and balances in this domain. The task of assuring adequate intelligence to guarantee a people’s security, while preserving fundamental rights to privacy, speech, and association, as well as other basic freedoms of our society, is one of ongoing difficulty. Striking the proper balance between effectiveness and oversight is a critical legal challenge in this Age of Insecurity.
Uncorporating The Large Firm
Authors: Ribstein Larry E 
Published: November 2023

Abstract
So far we have seen how the corporate form initially rose to prominence in the United States to serve the needs of the large firms that arose during the nineteenth-century Industrial Revolution. Large firms chose the corporate form over partnership-type alternatives such as the joint stock company that they might have adapted to their purposes. By the mid-twentieth century, the corporation dominated for closely held firms as well. Then, in the late twentieth century, the LLC Revolution pushed the close corporation aside. So at this point in the story corporations and uncorporations seem to neatly divide between large publicly held and smaller closely held firms.
Crusade for Democracy
Authors: Brewer Susan A 
Published: November 2023

Abstract
As a result of world war I, President Woodrow Wilson sought nothing less than the creation of a new world order based on American principles and interests and led by the United States. After three years of staying out of the European conflict, the president decided that the United States must take a hand in ending it. Confident of American moral and economic superiority, he believed the United States would save civilization from barbarism. To the war, he brought a plan for peace. It challenged old world imperialism by advocating the principle of self-determination, which allowed people to choose their own governments. He called for open door capitalism and advocated an international collective security system.
Seared by the Horrors of War
Authors: Desjardin Thomas A 
Published: November 2023

Abstract
The Fourth of July was wet and passed slowly. The rain that began the previous afternoon lasted well into evening and paused only a short while before returning as a torrent. Between the opposing lines the occasional skirmish firing continued, but nothing more. With the confusion waning and the two armies apparently settled in to weather the storm, Joshua Chamberlain had time to wander and have a look around. He returned to the spur where details of soldiers had removed the scenes of the conflict, marking the burials of his men with rough headboards made of ammunition boxes. As he led his horse past the shallow graves, he thought that even the animal bowed his head, “as if recognizing the faces of those who often followed him to battle.”
The Docile Individual
Authors: Zakaras Alex 
Published: November 2023

Abstract
In many ways, Emerson is [Ceasy to write about. His prose is lucid and elegantly crafted. His essays are dense with provocative ideas. The scope of Emerson’s interest is expansive—one comes to feel that very little of American life in the nineteenth century escaped his judgment. George Kateb has illustrated Emerson’s eagerness to impersonate and sympathetically explore as many conflicting values and ideas as he could (2002, 4); Sacvan Bercovitch has written that Emerson wrote America itself, carrying each of its cultural and philosophical premises to its limit (1993, 342). So one could begin almost anywhere, on any page of his essays, and find plenty to think and write about.
But this very density and variety create interpretive challenges. The most important of these is the problem of contradiction. Emerson is a philosopher famous for his repudiations of consistency; “I am always insincere,” he once confessed, “as always knowing there are other moods” (LA 587).
Issues Entrepreneurs: Charisma, Charisma-Producing Events, and the Shaping of Pro Bono Practice in Large Law Firms
Authors: Epstein Cynthia Fuchs 
Published: November 2023

Abstract
The classic sociological definition of a profession—one that differentiates professions from business and other activities—holds that among other things its work must contribute to the public good (Parsons 1954 [1949]). However, a number of analysts of the legal profession (Larson 1977; Abbott 1988) have questioned whether this defining characteristic is true any longer for the law. More than some professions, such as medicine or the ministry—in which service is part of their vital core—the legal profession has, over time, moved closer to a business model. Nonetheless, a service-to-society ethos has always found expression in the voices of respected leaders of the bar (Kronman 1993; Linowitz & Mayer 1994), in the mandates of national and regional bar associations, and in the commitment to pro bono work of a substantial number of large law firms, suggesting that the service ideal remains alive. Of course, how the ethos is addressed and carried out varies greatly, with consequences for society, for the profession, and for lawyers themselves. Furthermore, and perhaps ironically, the large “Wall Street” firms that most closely define high-stakes business law in this country are precisely the firms that contribute the legal personnel whose pro bono service makes up the largest component of U.S. civil legal assistance (Galanter & Palay 1995; Sandefur 2007).3
Costa Rica
Authors: Malumian Nicolas 
Published: November 2023

Abstract
The trust was introduced in 1964 in the Commerce Code of Costa Rica following that of Mexico in its guidelines. Thus, Porras Zamora explained that “trusts in Costa Rica arise as a response to a necessity in view of the economic growth of [Costa Rica] in the 1970s. Although trusts had been in our Commerce Code as commercial agreements since 1964, it was not until 1971 that banks were permitted to offer this service thanks to the reform of [a]rticle 116 of the National Banking System’s Organic Act [and] it has not been until the late 1980s and 1990s that it has taken on increased interest as a business.”
Detention of Combatants and the Global War on Terror
Authors: Jr. James A Schoettler 
Published: November 2023

Abstract
In the conduct of armed conflict, a State may not only kill or wound combatants fighting on behalf of its enemies, but it also may take them prisoner and hold them until the end of the conflict. Indeed, where an enemy combatant clearly is no longer capable of fighting due to wounds, or where an enemy combatant has clearly signaled his or her desire to cease fighting, a State’s only option to remove an enemy combatant from the battlefield will be to take that person prisoner. The principal sources of law regarding the detention of enemy combatants are (i) the Regulations concerning the Laws and Customs of War on Land annexed to Fourth Hague Convention of 1907 (hereinafter Hague IV Regulations); (ii) the 1949 Geneva Convention relative to the Treatment of Prisoners of War (hereinafter GPW); and (iii) certain provisions of the Protocol Additional to the Geneva Conventions of 12 August 1949 relating to the Protection of Victims of International Armed Conflicts (hereinafter “Additional Protocol I” or “API”).4 Together, these treaties define a highly protective regime that ensures that captured enemy soldiers are humanely treated by their captors, properly accounted for, and set free once hostilities are over. Importantly, enemy soldiers who are treated as prisoners of war under these treaties cannot be prosecuted by the capturing State for belligerent acts against lawful targets (such as killing combatants who are fighting on behalf of the capturing State) provided such acts were done in accordance with the law of war. This protection against prosecution, typically called “combatant immunity,” is an important protection under international law.
Battlefield Perspectives on the Laws of War
Authors: Lewis Michael W 
Published: November 2023

Abstract
Any genuine understanding of the role of the law of war in the struggle against transnational terrorism begins with an appreciation of the unique context in which the law of war operates. The previous chapters have focused primarily on the strategic level of war. At that level, time, space, and the nature of operational challenges allow for a robust role for both law and lawyers. As my co-authors have illustrated, while fidelity to the core principles of the law is a universal element of disciplined military operations, application of the principles in these contexts involves a high degree of complexity. The student of the law must, however, always be aware of the reality that the strategic and operational complexity of law must somehow effectively translate into practical application. At the tactical “point of execution” level, military personnel risk their lives and take the lives of others, based upon instantaneous decisions that seldom allow for reflection or consideration, let alone the benefit of timely legal advice. For the law of war to be meaningful, it must function effectively at this level. To make it effective at this level, the process of translating the complex legal mandates from the strategic level into practical parameters is critical. This process involves a distillation of the complex and comprehensive legal regimes described in previous chapters into workable operational principles. Making this process work is one of the great challenges facing the law of war.
Introduction: Risky Business
Authors: O’Neill Philip D 
Published: November 2023

Abstract
The 21st century tests, in new ways, the continuing quest to prevent and roll back the proliferation of weapons of mass destruction (WMD). Renewed political emphasis is evident in seeking arms control measures, as well as informal behavioral constraints. Calibrated movement toward nuclear disarmament is again making legal process tools a valued element of our layered WMD defense. An essential element of that process is the manner in which we verify agreements to control, limit, and disarm. Verification is well recognized, both in principle and politically, as “a key component of meeting our core objective for our nonproliferation policies—namely preventing rogue states and non-state actors from obtaining nuclear, chemical or biological weapons and their means of delivery.”
Pronouncing Arabic I
Authors: Mitchell T F 
Published: November 2023

Abstract
Pronouncing Arabic, I provides the student of Arabic with an acceptable model for reading a written text aloud. Acceptance is not, however, thereby implied of the widespread Arab view that written Arabic alone should be studied, and reference is made wherever necessary to other Arabic `accents'. Professor Mitchell's book is the first comprehensive and accurate account of a prestigious Arabic `accent'; the categories of phonetics supplied offer both the means of practical instruction on pronunciation and a framework for the wider study of the spoken language. Eight chapters cover the definition of the style of Arabic with which the book is concerned; the essentials of phonetics, the phonetic classification of the consonants of the Arabic alphabet, practical instructions on the pronunciation of Arabic consonants and vowels, accentuation, features of juncture and pause, quantity, rhythm, and intonation. Abundant illustrative and practice material is also provided. How to write the accepted Arabic script is dealt with in a companion volume, Writing Arabic, also published by the Oxford University Press.
Identity and Gender in the Mexican American Testimonio
Authors: García Mario T 
Published: November 2023

Abstract
Recent Chicana and Latina texts rewrite the traditional Latina narrative by focusing on women as subjects, as historical agents, and by imagining a new future for women. Their subjects in different ways challenge the traditional Latino model for women’s proper sphere. Rather than accepting what Shari Benstock terms the ‘private self as representing the world of women, the new Latina writers project themselves and their subjects into the public world as well. While the private may not always be political, it is certainly not divorced from women’s public roles and their public aspirations. In effect, as Carolyn Heilbrun suggests about other transgressive writers, who dare to cross previously closed borders concerning identity and self-representation, these Latina writers reject womanhood-at least as defined in traditional patriarchal terms-and instead rewrite the definition of being a woman. They dare, to use Heilbrun’s term, to be ‘ambiguous women’.
Introduction
Authors: Leydesdorff Selma , Passerini Luisa , Thompson Paul 
Published: November 2023

Abstract
We work with memory, and we work with gender. We are aware of a notably strong and rapidly growing feminist scholarship on autobiography, which is the focus of Laura Marcus’s review article in this volume. And intuitively we have felt that there are differences between the ways in which men and women remember. We have all had direct experiences, both in our personal lives and in our research activities, which anecdotally support this feeling. We also know that our intuitions are widely shared. Indeed, it would seem common sense, given the sharply differentiated life experiences of men and women in most human societies, and the very widespread tendencies for men to dominate in the public sphere and for women’s lives to focus on family and household, that these experiences should be reflected in different qualities of memory. Hence, when we hear on the radio a public memory contest, for example about past football scores, or identifying snatches of music, we are not at all surprised if the winner is a man. On the other hand we would be astonished if we came across a couple in which the woman constantly turned to the man to confirm how and when they first met, when their first child was born, when it was weaned, and so on.
Male Work and Mill Work: Memory and Gender in Homestead, Pennsylvania
Authors: Modell Judith , Hinshaw john 
Published: November 2023

Abstract
Recent literature on memory has focused on the physical and material bases for ‘remembering’ .1 In the steel town of Homestead, Pennsylvania, the physical structure of an enormous mill dominated images of the town for nearly a century. In 1986, the USX Homestead Works closed, and several years later a development company began to tear down the buildings that lined the Monongahela River. What disappeared then, we suggest, was not only the central source of economic and social life in the community, but also the framework for memories. Around the image of the mill, people constructed their own identities, incorporating work-based ideologies of gender. Thus, destruction of the mill altered the cultural and psychological as well as the social and the physical landscapes of the town.
Women, Crime, and Custody in Victorian England
Authors: Zedner Lucia 
Published: November 2023

Abstract
This book explores how the Victorians perceived and explained female crime, and how they responded to it - both in penal theory and prison practice. In Victorian England women made up a far larger proportion of those known to be involved in crime than they do today; the nature of female criminality attracted considerable attention and preoccupied those trying to provide for women within the penal system. Lucia Zedner's rigorously researched study examines the extent to which gender-based ideologies influenced attitudes to female criminality. She charts the shift from the moral analyses dominant in the mid-nineteenth century to the interpretation of criminality as biological or psychological disorder prevalent later. Using a wide variety of sources - including prison regulations, diaries, letters, punishment books, grievances and appeals, Dr Zedner explores both penological theory and the realities of prison life. This is a rich and scholarly study, which reveals much about the relationship between responses to female criminality and prevailing social values and concerns.
‘Incarnate and Incorporate’:the Lord of Limit
Authors: Hilton Boyd 
Published: November 2023

Abstract
By the eighteen-fifties the evangelical or retributive version of free trade ideology, with its essentially agrarian or physiocratic, rentier, nationalist, and static or cyclical view of the economy, was rapidly losing ground to the more optimistic and expansionist, industrializing, and cosmopolitan vision of Cobden. Parliament endorsed this development symbolically in 1855, and again more fully in 1856, when it made provision for general limited liability. As Peter Cotterell has written, ‘it is extremely difficult to account for this sharp and dramatic change’:
Collective Bargaining 1934-1939
Authors: Clegg Hugh Armstrong 
Published: November 2023

Abstract
THE two previous volumes of this history, covering 1889 to 1910 and I 9I I to I 933, opened with chapters outlining the state of British trade unions prior to the beginning of their periods. The years 1889 and 19r r brought departures in British trade-unionism, with the ‘new unionism’ of 1889 and the series of ‘strikes on a scale not previously experienced’1 from 1911, and therefore it was necessary to outline what had gone before to put them into context. However, there is no need for a similar introduction to this volume because there was no sharp tum in the development of British trade-unionism in 1934. For several years previously the main influence on the unions had been the world-wide economic depression which began in 1929. Whether the trough of this depression was located in 1931 or 1932, a slow recovery was certainly in progress by the end of 1933. Unemployment was falling, with the consequence that trade union membership began to increase again in 1934, after several years of continuous decline. But this change, while most welcome to the unions, did not bring any rapid alterations in other aspects of their behaviour, and the concluding chapter of volume ii, ‘Trade Unions in 1933’, would need few amendments of any substance to apply to the unions in 1934. There were events in Germany in 1934 that were to have profound consequences for British trade unions, as for the British people and for the world, but they had still to unfold.
From the Scientific Revolution to the Germ Theory
Authors: Cook Harold 
Published: November 2023

Abstract
FROM the publication of Harvey’s work on the circulation of the blood in 1628 to Pasteur’s formulation of the germ theory in the 1860s, European medicine changed dramatically. Three developments stand out: rapid growth in the number of formally educated and certified practitioners; development of med ical theory and practice that assumed truth lay in investigations into chem istry and the material structure of the body; and, towards the end of the period, sudden population growth and urbanization, contributing to enor mous alterations in the human environment. The development of a material ist outlook meant that medicine threatened established views even while it developed more precise ideas about the cause of disease; the rise of a formally educated medical profession meant harder times for women and alternative practitioners; and rapid urbanization brought about terrible living conditions for many people while increasing the need for governmental medical inter vention. The consequence of these processes was that university-based medi cine gained authority, a process sometimes termed ‘medicalization’.
The Rise of the Modern Hospital
Authors: Trohler Ulrich , Proll Cay-Rudiger 
Published: November 2023

Abstract
In accounting for the rise of the hospital to the central place it now occupies in modern medicine, it is necessary to consider a number of factors-cultural, socio-political, and medical-which brought about the transformation of an earlier, medieval religious social-service system. TI1e Enlightenment of the eighteenth century was the beginning of this process. At a pace that proceeded faster than the growth of population, new types of hospital were created and older hospices were transformed. During the French Revolution and its after math, through the last third of the nineteenth century, and especially after the Second World War, hospitals moved from caring for the suffering towards the provision of treatment for the sick and their diseases. The hospital has since played an ever-increasing and more influential part in the practice, teaching, and research of medicine. Accordingly, the social world within the hospital has changed, as hospital admissions have altered such that patients now come from all strata of society, as the duration of patients’ stay has dimin ished and their age varied, and as doctoring, nursing, and hospital adminis tration have been professionalized and specialized, and new ways of hospital funding have had to be found.The text of this chapter deals with the origin and evolution of various types of hospitals in their interplay with medicine and society.
Introduction
Authors: Murray Alexander 
Published: November 2023

Abstract
In the late eleventh and twelfth centuries the churches of western Europe underwent successive waves of ‘reform’. Pope Gregory VII and his allies reformed the papacy and bishoprics. Cistercians reformed the monasteries. Finally came the reform of regular canons, who lived by a rule like monks but one step less divorced from the rest of the world. It was the Premonstratensians, from Prémontré near Laon, who began this wave of reform, and it struck England around u43-4. Half a dozen Premonstratensian houses were founded at once, especially in northern and eastern areas just then being settled, and the order went on expanding. It did so by taking on houses of the older Augustinian canons on request from their lay patrons, and canons in the older houses would then be told to obey the new discipline or depart, while a posse of new canons, complete with the new rule, would arrive to direct affairs. The result has gone down as one of the more successful monastic experiments. By the late thirteenth century the Premonstratensians had founded twenty-five houses in various parts of England, many to become famous and prosperous.