bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction: The Court as Cultural Barometer
Authors: Nagel Robert F 
Published: October 2023

Abstract
Part of the romance of constitutional adjudication is the illusion of the ‘landmark case.’ Under the reassuring influence of this innocent notion, the Supreme Court seems to float above the political landscape and from its lofty position occasionally pull our policies toward heaven. The moral ambiguities, the backsliding, the unintended consequences-these all pale in comparison to the vivid heroism of the Court's decision to intervene. Because political decisionmaking, which depends on our ownvirtue and luck, is sometimes frightening, often disappointing, and usually uncertain, the idea of the landmark case is a profound comfort. Whatever our own weaknesses, crucial policies are still possible; they can be imposed by an ‘independent’ judiciary-and permanently at that! As alluring as such a conception of the Court's role has proven to be, especially to legal academics, the facts paint a different picture. At least since 1957, when the political scientist Robert Dahl published a classic study, we have known that the Court usually follows, rather than leads, public opinion and the political branches.1 Not only in the results that it decrees but also in the style of its thought, the Court's constitutional interpretations are often reflections of political currents and class interests that are no more elevated than the official positions of the American Medical Association or the editorials of the New York Times.
Correcting the Political: Interpretation as Mind Control
Authors: Nagel Robert F 
Published: October 2023

Abstract
As Justice Brennan’s arguments in Paris Adult Theatre and Texas v.Johnson reveal, it is intensely uncomfortable to recognize the extent to which we have a common interest in the attitudes, beliefs, and character traits of our fellow citizens. But this interest is a fact, and it is as unavoidable as it is dangerous. Many, like Brennan, who deny that it matters much whether society is permeated with pornographic materials believe that it is crucial for our culture to be suffused with courage and tolerance. Others, often on university campuses, deny the importance of a shared core of affection and respect for our country but propose ‘hate codes’ and various forms of ‘sensitivity training’ to assure that we all possess enlightened views about race, gender, disability, or sexual preference. To admit as a general principle that we do have a significant stake in the moral character of the community opens each of us to the possibility of domination by groups whose values and objectives we distrust. However, in pursuing our own moral visions, we necessarily attempt to inflict on others the very types of controls that we tend to think would be illegitimate if inflicted by others on us. Our own aspirations, then, commit us to a principle that we find frightening. This fear can be escaped or reduced through a number of stratagems. In constitutional law, as I observed in the preceding chapter, a major one is the asymmetrical characterization of objectives.
The Binds That Tie
Authors: Jamieson Kathleen Hall 
Published: October 2023

Abstract
In 1631, in Cautio Criminalis, Julius Friedrich Spee identified one no-win situation in which prosecutors placed women accused of witch-craft. The suspected witch was submerged in a pond. If she drowned, she deserved to; if she didn’t, she was a witch. In the first case, God was revealing her nature; in the second, the devil. Under torture, women either did or did not admit to complicity with Satan. If they did, they were executed for their crime. If they didn’t, their silence was attributed to solidarity with Satan and they too were marched off to the stake. Although he didn’t know it, Spee had identified a trap set for women throughout history. When our foremothers overstepped prescribed boundaries, they confronted situations constructed to ensure that they were guilty until proven guilty.
Factory Walls
Authors: Bradley Betsy Hunter 
Published: October 2023

Abstract
The walls of industrial buildings, as well as their roofs, were engineered to provide light and ventilation for manufacturing space. Invariably, the goal was to replicate ideal outdoors conditions-the brightness and comfortable temperature of a June day. Daylight, especially northern light, was preferred for manufacturing space because of its high quality and low cost. Even after the introduction of gas and electric lighting, natural light was cheaper and better for close work and matching colors. Artificial light was used to supplement daylight during the early morning and late afternoon hours only as necessary. The term daylight factory became prevalent when reinforced concrete and steel framed construction nearly doubled the amount of wall space that could be devoted to window openings. The large windows that extended from pier to pier and nearly from floor to ceiling created previously unimaginable lighting conditions in loft buildings.
Factory Roofs
Authors: Bradley Betsy Hunter 
Published: October 2023

Abstract
Perhaps more than any other aspect of the industrial building, the roof was engineered to serve industry-to provide ventilation and light, resist fire, span large areas, and support equipment. Engineered factory roofs also gave industrial buildings, particularly production sheds, their distinctive form and character. American engineers adapted European roof forms and methods of roof lighting for the harsher climate of North America and developed new ones as well. Roofs engineered to provide light varied from the gable roof pierced by skylights to roofs that were skylights: the sawtooth roof. The monitor roof, with its clerestory of sash elevated above adjacent portions of the roof to provide both light and ventilation, saw extensive use and was engineered to be even more effective during the first half of the twentieth century.
A Reconciliation Of Aesthetic Traditions
Authors: Bradley Betsy Hunter 
Published: October 2023

Abstract
The rhetoric of engineers and architects and the general literature describing industrial facilities provides a means of recognizing the aesthetic component of industrial architecture-a content that has often been overlooked by casual observers, architects, and critics. The existence of any artistic intent on the part of factory designers has even been questioned because of the bias of commentators trained in the formal arts against the design work of engineers. Critics have looked for familiar architectural ornament at the expense of appreciating the functional aspects of industrial building designs and the competent, sometimes even innovative, engineering. They have admired factories that could be compared favorably to other building types, as if no other means of evaluation could be imagined. As the evidence presented in this chapter suggests, an understanding of the industrial aesthetic lies in a different direction. It must be grounded in the appropriate context the pragmatic and progressive fields of engineering and industry.
Gentleman Capitalists
Authors: Dusinberre William 
Published: October 2023

Abstract
Perhaps nowhere in the world can individual slaves and their masters be better seen than at “Gowrie,” a Georgia rice plantation eight miles upstream from Savannah. There-on an estate situated like a girdle across the waist of long, thin Argyle Island-Charles Manigault and his son Louis deployed about one hundred slaves in order to make themselves richer than Charles’s older South Carolina plantation alone would have ensured. The characters of their slaves were diverse, and fear and the desire to get on with the holders of power led them to dissemble. The glimpse of a slave’s countenance at Gowrie is therefore often enigmatic, as well as tantalizingly brief; yet dozens of individual faces are visible. Across the muddy waters of a century and a half, an event in the slaves’ lives can sometimes be seen as clearly as-on December 24, 1864- Confederate soldiers retreating before General Sherman’s army could view (across the turbid currents of “Savannah Back River”) the flames consuming the wooden structure of Louis Manigault’s beloved rice-pounding mill.
Frances kemble
Authors: Dusinberre William 
Published: October 2023

Abstract
Sixty miles south of Gowrie, and athwart Georgia’s Altamaha River, lay a rice plantation which gained notoriety in 1859 through the well-publicized, two-day auction of hundreds of its slaves, reported at length in the New York Tribune. Permanent fame came to Butler Island four years later when a remarkable Englishwoman, Frances Kemble, published her Journal of a Residence on a Georgian Plantation in 1838-1839. The estate described by Kemble was indirectly connected to Charles Manigault’s family: for a favorite niece of Charles’s, Gabriella Manigault Morris (Butler), was married to its coproprietor, John Butler of Philadelphia.1 In 1834 the actress Frances Kemble-a younger member of Britain’s foremost acting family-had ruined her life by marrying the other proprietor, Pierce Butler, thus setting the stage for her traumatic confrontation with life on a Georgia rice plantation (see genealogical table 16).
The Capitalist as Rice Planter
Authors: Dusinberre William 
Published: October 2023

Abstract
Such was the fame of Robert Allston’s “Celebrated Georgetown [rice] seed” (grown on South Carolina’s Pee Dee River seventy miles north of Charleston) that in 1858 the penny-pinching Charles Manigault had paid a 37 percent premium, and taken considerable trouble, to get his hands on a supply.1 The times were good for Allston. In 1853 his rice alone sold for $43,500 (yielding a net revenue of perhaps $35,000).2 At that time the most prosperous merchant in Charleston could hope for little more than $16,000 profits in a year, and the best-paid Charleston lawyer earned no more than about $9,000. Allston-keen to lure his son Benjamin into planting, and to consolidate his own operations-in 1859 bought (or assumed liability for the purchase of) some 192 slaves.3 About this time he was also buying 450 additional acres of rice land for himself and Benjamin. He was a hardworking man who, unlike many of his rich neighbors, eschewed Charleston during the long summers, residing instead at Pawleys Island on the Atlantic, whence he could journey often to supervise personally the management of his estate. When Adele Petigru-a member of one of the liveliest families in Charleston-had married Allston in 1832, she knew she was exiling herself for most of the year from South Carolina’s social capital, and her sisters had tried to dissuade her from doing so. Beginning in about 1855, however, Allston’s daughters were sent to Charleston to Madame de Togno’s finishing school (where all the boarders had to speak French); and in 1857 Allston bought what was reputed “the finest establishment in Charleston.”
The Confined and the Accused
Authors: Walker Samuel 
Published: October 2023

Abstract
Kenneth Donaldson spent fourteen years in the Florida state hospital. Originally diagnosed as a “paranoid schizophrenic” in 1957, he spent most of those years in a locked room with fifty-nine other patients. His “treatment” consisted of an average of about fourteen minutes per year with a psychiatrist. Although never diagnosed as dangerous to himself or to others, he was not allowed to participate in occupational therapy programs and was denied grounds privileges that would allow him to leave his room. After suing the state of Florida for violating his constitutional rights, Donaldson was finally released in 1971. Three years later, the Fifth Circuit Court of Appeals upheld his release in a decision that considered “for the first time the far-reaching question of whether the Fourteenth Amendment guarantees a right to treatment to persons involuntarily civilly committed to state mental hospitals.”
Conclusion: New Rules for American Society
Authors: Walker Samuel 
Published: October 2023

Abstract
What kind of society do we wish to live in? What values do we want to guide us in the making of law and policy? What rules do we want to govern how we relate to each other, as individuals and as groups? These are fundamental questions of political philosophy. They are also the questions at the heart of the debate over the place of rights in American society. I began this book with a fable about a hypothetical Reitz van Winkle who fell asleep in the 1950s and awoke forty years later, astonished at how much American society had changed. The point of the story was that the really significant changes did not involve technology or styles of dress but were reflected in the new rules about how people live and the new opportunities available to them. In chapter 1 I reviewed a series of harsh critics of contemporary American society who, although they represented very different political persuasions, essentially agreed that some or all of our most serious problems were the result of this tremendous expansion in individual rights. Even those liberals and leftists who celebrate the civil rights movement as one of the great achievements in American history worry that it unleashed a destructive “identity politics” that threatens our political system.
The Fundamental Conundrum
Authors: Smith Steven D 
Published: October 2023

Abstract
Any effort to articulate a theory of religious freedom, I will argue in this chapter, founders on a basic theoretical conundrum. The function of a theory of religious freedom is to mediate among a variety of competing religious and secular positions and interests, or to explain how government ought to deal with these competing positions and interests. To perform that function, however, the theory will tacitly but inevitably privilege, or prefer in advance, one of those positions while rejecting or discounting others. But a theory that privileges one of the competing positions and rejects others a priori is not truly a theory of religious freedom at all-or, at least, it is not the sort of theory that modern proponents of religious freedom have sought to develop. This is a simple statement of the conundrum; my purpose in this chapter is to elaborate the problem. The argument must begin by emphasizing a fact that is perhaps obvious but is also, I think, underappreciated: Theories of religious freedom are not self-subsistent, nor are they created ex nihilo. A theory of religious freedom is not sound or unsound, convincing or unconvincing, in the abstract. Rather, any account of religious freedom will necessarily depend on - and hence will stand or fall along with - more basic background beliefs concerning matters of religion and theology, the proper role of government, and “human nature.”
The Rise of the CUP in Ottoman Politics: The Formative Years of the Committee
Authors: Hanioğlu M Şükrü 
Published: October 2023

Abstract
The first nucleus of the CUP can be traced to the Royal Medical Academy. In 1889 an active student movement began there and spread even to the Empire’s high schools.1 This political opposition movement• had its inception at a medical school because of the impact of biological materialist ideology prevailing there, which evoked for the students a vision of an ideal society0far removed from their experience. In the mid-1880s, students at the Royal Medical Academy began to take an active interest in ways to organize an opposition to the regime of Abdülhamid II. Even prior to• establishment of the• CUP, the doings of antiestablishment student were discussed among other students of this school and other royal colleges.
Organizational Transformation of the CUP, 1889-1902
Authors: Hanioğlu M Şükrü 
Published: October 2023

Abstract
The weft of the fabric of the Young Turk movement was its distinct ideology. During the CUP’s formative phase, this positivist, social Darwinist, and biological materialist dogma was conspicuous. Later, as various groups gathered beneath the CUP banner, the motivating ideology had to be submerged, and evidence for it was barely visible, as if veiled by a mist. Today only a careful reader able to ferret meaning from between the lines will discern that this philosophy continued to lead during the later phase of the CUP. Intellectual members came to the CUP already knowledgeable about its ideological basis. An entire generation having become imbued with western ideas while attending college in the Ottoman Empire had embraced this philosophy, so fundamental to the original Young Turks. It is misleading, therefore, to study the “lists of detrimental individuals” prepared by Ottoman ambassadors. Because evidence of support for the Young Turks cannot be found in the highly censored Ottoman press, one might easily conclude that every intellectual was an admirer of the sultan there are so many praises of the sovereign. For instance, a person who praised the sultan lavishly in a domestic journal expressed his enmity only after he fled to Egypt and became a participant in the Young Turk movement.
Conclusion
Authors: Hanioğlu M Şükrü 
Published: October 2023

Abstract
Until 1902, the CUP was an umbrella organization composed of loosely affiliated factions. The term factionis insufficient to describe the component groups of the CUP, because they functioned almost as independent groups and some eventually adopted independent courses, even severing ties with the center. This was far beyond the simple factioning typically observed in political parties, such as that within the Russian Social Democratic Labor party. One can find remarkably little in common among the factions composing the CUP other than the Young Turk Weltanschauungand the wish to dethrone Abdülhamid IL With the exception of members who were ulema and who joined the CUP when the founders were trying to expand, all members embraced the common Weltanschauung,regardless of their various political activities.Many important figures in the CUP later undertook diverse political roles. Two of the founders-ibrahim Temo and Abdullah Cevdet became fierce opponents of the CUP after 1908 and together inaugurated the Ottoman Democratic party. Mehmed Re id remained loyal to the CUP and served as governor after the revolution. As to the most notable Young Turk figures, Sabahaddin Bey led an opposition against the CUP and thus became a symbolic figure, and Hoca Kadri and Hoca Muhiddin launched an ulema opposition against the CUP.
Strategies of Research
Authors: Zimring Franklin E , Hawkins Gordon 
Published: October 2023

Abstract
This chapter discusses three of the primary methods available for the study of the effects of imprisonment on crime rates. The first section examines the survey research of convicted offenders, the primary research method used in the 1980s, and the basis for most of the estimates of individual crime rates mentioned in the current literature. The second section discusses studies based on official records that have been obtained for samples of offenders and that have been analyzed for evidence of the effect of increased restraint on crime rates. This method was a major focus of research efforts in the 1970s, when it accounted for the majority of published research on the topic. A third section deals with the study of crime rates over time in communities where large shifts in incarceration policy have recently occurred. The identification and assessment of such “natural experiments” in incarceration policy have not been a major feature of incapacitation research to date, but should be in the future.
Of Cost and Benefit
Authors: Zimring Franklin E , Hawkins Gordon 
Published: October 2023

Abstract
This chapter discusses attempts to measure the public and private costs of crime in dollar amounts and to translate those cost estimates into dollar sums that represent the monetary value of crimes prevented as a result of incapacitation. There is no logical reason why a study of incapacitation should have to analyze the monetary cost of crime. It is not difficult to imagine a sustained dialogue about the incapacitation effects of imprisonment in which crime prevention benefits were not converted into monetary values. Indeed no extensive monetization associated with the discussion of incapacitation effects existed until quite recently.
A Changing Profession
Authors: Kay Fiona , Hagan John 
Published: October 2023

Abstract
The days of the middle-aged male (three-piece suit, cigar-smoking, home in Rosedale, with wife and three kids) as the image of a lawyer are going. I am single, female, live alone, socialize in bars, go to rock shows, and people I meet are surprised that I am a lawyer. I reply that there are lots of lawyers like me, that I’m not unusual. There may be no setting more significant than the legal profession for observing the advances and setbacks that women today are experiencing in a changing world that structures work and family roles. Lawyers are often powerful players in the organization of social, economic, and political life, and women, often acting as lawyers, are now participants in these arenas of public and private influence.
Beginning to Practice
Authors: Kay Fiona , Hagan John 
Published: October 2023

Abstract
Though I am very satisfied with my job, I might have waited and looked for other positions with other firms before taking my present position, had the job market not been so tight. But my name and family background probably helped me. My father was well known in the investment business, and I come from a very WASP Toronto family. On the other hand my marks and ability are very good, so I believe the employers wanted me more for my ability than family connections.
Careers in Conflict
Authors: Kay Fiona , Hagan John 
Published: October 2023

Abstract
I find the gap between my views and the male lawyers I went to school with to be growing as we have children. I don Y understand why making so much money is so important to them that they are prepared to work long hours and participate in family life so little. These are thoughtful, intelligent men but they seem to be settling into very traditional fifties-style Jamily patterns. Its only my women lawyer friends who question the value of the long hours and do something about it. Generally speaking, I can tell you I’m weary of breaking new ground as a woman. Maybe in my next life I’ll go into a socalled womens profession.
Experimental Alternatives to Slavery, 1791–1833
Authors: Drescher Seymour 
Published: October 2023

Abstract
During the final reading in the House of Commons of the bill to abolish the slave trade in 1807, the most vigorous West Indian defender of the status quo observed, “But we are not now in the case of debating whether our colonies shall or shall not be cultivated by slaves from Africa; they are and ever have been so cultivated; and we know at least that their prosperity has been hitherto dependent upon occasional supplies of the same description of imported population. All the rest is experiment merely, and theory, contradicted too by all that we know from fact and experience.”
The Experiment Eroded
Authors: Drescher Seymour 
Published: October 2023

Abstract
Even as the international antislavery convention celebrated victories and anticipated victories from the Atlantic to the Indian oceans, deep shadows were beginning to fall over the great experiment. With the ending of apprenticeship, the price of sugar to the British consumer rose to a height not equaled since the end of the Napoleonic wars a generation before. In the months after the convention, consumers were paying nearly 60 percent more for their sugar than the average price during apprenticeship, itself a 40 percent rise over the final years of slavery.