bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Inevitability of American Judicial Review
Authors: Farber Daniel A , Sherry Suzanna 
Published: October 2023

Abstract
Much of the discussion about judicial review is distorted by an almost superstitious sense that it is a suspect practice. This attitude leads either to an overwrought fear of undemocratic rule by unelected federal judges, or to an effort to tame this fear by making the judges mere puppets of the framers of the Constitution. This suspicion of judicial review seems increasingly anachronistic in a world in which judicial review is the rule rather than the exception for democracies. The reason for this spread is simple: Much of the rest of the world has come to share the traditional American view that some basic values are too important to be left entirely to the protection of politicians. Majority rule by itself cannot be trusted to protect religious, political, racial, and geographic minorities from oppression, nor to protect fundamental human rights when they are needed by the powerless or the unpopular. Nor do elections offer a complete check against the desire of politicians to aggrandize their power and enrich their friends. These are lessons Americans learned early, in the years before the Constitution was drafted.
The Anatomy of Judgment
Authors: Farber Daniel A , Sherry Suzanna 
Published: October 2023

Abstract
To be nonarbitrary, a decision must do more than cite text, history, precedent, and values: The decision maker must also offer some explanation for how he or she arrived at the decision. The decision itself must result from a reasoned (and reasonable) application of the factors considered. Judgment is obviously called for. What can be said about this type of judgment and how to evaluate it? It has been said that at one point, aeronautical engineers had proved that it was impossible for bumblebees to fly. Critics today seem to think it is impossible for judges to make reasoned decisions without the benefit of strict legal formulas. But the bumblebees kept on flying, and judges have been engaging in the exercise of reasoned judgment for centuries. If the theorists cannot account for these phenomena, so much the worse for their theories.
Professionalism and the Selection Process
Authors: Farber Daniel A , Sherry Suzanna 
Published: October 2023

Abstract
The institutional structures we have identified are not the only source of indirect judicial constraints. Oliver Wendell Holmes had it almost right: The life of the law is logic and experience. If the institutional structures sharpen the logic, a life lived in the law provides the necessary experience. In that life, the legal culture and professional norms discourage radical, politicized, or idiosyncratic decision making. The judicial selection process ideally should reinforce these professional norms, but today it sadly fails to do so. Inculcation of these norms begins in law school. Law professors expose law students first to the common law, with its slow and incremental development. We also teach them about process: that how a decision is reached—under what procedures and with what inputs—often matters as much as the substantive result.
The Role of the Legal Academy
Authors: Farber Daniel A , Sherry Suzanna 
Published: October 2023

Abstract
Contemporary studies suggest that public confidence in the judiciary is considerably higher than confidence in other parts of the government, and that this confidence derives in large part from the perception that judges decide cases on the basis of law rather than politics. The theory of adjudication that we have described in this book comports with the public perception. We have described constitutional adjudication as similar to other types of adjudication: based on the rule of law, and requiring both principled decision making and good judgment. More and more, however, the conventional academic wisdom seems to be that constitutional adjudication is simply politics by another name. The problem is that to the extent that this academic misconception seeps into public and political consciousness, it invidiously begins to influence judges and thus becomes a self-fulfilling prophecy.
Terrorism
Authors: Farber Daniel A , Sherry Suzanna 
Published: October 2023

Abstract
Before turning to our case studies, a brief reprise may be helpful. We have argued that except in easy cases, judges find themselves faced with leeway in applying constitutional provisions, but that they have an obligation to give reasoned accounts for how they resolve the cases. We have emphasized the need for transparency and candor in judicial decisions, as well as the obligation to provide a reasoned elaboration. Where relevant, decisions must take account of text, history, and precedent. Where these fail to provide sufficient guidance, there is a need for the judiciary to make value judgments, rooting those value judgments as much as possible in American constitutional traditions and contemporary norms.
Anesthesia Crash Course
Authors: Horton Charles N 
Published: October 2023

Abstract
Anesthesia Crash Course is uniquely positioned to address the needs of new trainees in anesthesia. This book is written in a conversational tone, avoiding unnecessary jargon and distilling the key concepts of anesthesia into easy-to-remember tidbits—an approach in increasing demand by medical students and junior physicians. The audience for this book is chiefly new anesthesia residents, interns, medical students who rotate through anesthesia services, and nurse anesthetists. By demystifying the world of anesthesia, it provides a welcome resource to medical students and RNs who are considering additional training in this popular but poorly understood specialty. Surgical residents who feel they’re not up to speed with what’s happening on the other side of the “ether screen” would certainly also benefit from reading Anesthesia Crash Course. New anesthesia trainees face an extremely daunting learning curve. As they progress through training, they will read longer and more detailed treatises on every aspect of modern anesthesia. It is not realistic to imagine that someone might finish such a book in the first week of his or her training! Anesthesia Crash Course wil serve as a bridge between a trainee’s pre-anesthesia experience and more formal training. It can be read in the last month of internship, or in evenings while completing the first few weeks of anesthesia training. It can also serve as a medical student’s accompaniment for a two-week anesthesia elective.
A Heuristics Approach to Understanding Privacy-Protecting Behaviors In Digital Social Environments
Authors: Carey Robert , Burkell Jacquelyn 
Published: October 2023

Abstract
In this chapter, we consider ways that perceptions of harm and risk influence privacy-protecting behaviors in digital social environments (DSEs), with particular emphasis on Web logs and online social networks. By way of introduction, we would like to contrast two incidents from the world of online social networking that demonstrate how such perceptions may provoke very different responses to apparently similar privacy threats. In 2006, Facebook introduced to its site a seemingly innocuous feature called an RSS news feed, which ensured that any changes a Facebook member made to his or her profile would be automatically disseminated to those members listed in his or her network. Since information of this sort was already evident to other Facebook users, the company supposed that the new feature was merely a convenient way to enhance information sharing among its members. Almost immediately, however, many Facebook users began to complain that the new feature was unacceptably invasive: “[T]he RSS feed publicizes potentially embarrassing developments including romantic breakups, friendships going sour, professional setbacks, and the like. Even though this information was available before, Facebook’s active spreading of it via RSS feeds offended hundreds of thousands of the site’s users.”1 Indeed, the feature became so unpopular among users that the company eventually capitulated and made the feature optional.
Core Privacy: A Problem for Predictive Data Mining
Authors: Millar* Jason 
Published: October 2023

Abstract
Data mining technologies are pervasive in our society. They are designed to capture, aggregate, and analyze our digital footprints, such as purchases, Internet search strings, blogs, and travel patterns in an attempt to profile individuals for a variety of applications. Knowledge of the full scope of data mining often leaves people feeling as though it is intuitively wrong. On the one hand, this feeling is written off just as an unreflective expression of unease toward the technology, the potential harms of data mining (assuming any can be identified) outweighed by its potential benefits. On the other hand, the feeling is often explained by an appeal to more academic conceptions of privacy. Built primarily on surveillance technologies, data mining is implicated as a potential violation of individuals’ privacy. People’s unease with data mining might best be understood as the expression of some intuitive understanding that their privacy is at stake.
Identity: Difference and Categorization
Authors: Raab Charles D 
Published: October 2023

Abstract
This paper considers the concept of identity and the two directions that it faces, denoting both the individual’s difference from others, and the individual’s membership of categories and groups. Some implications of this duality are explored, and propositions for further research are indicated. Keeping one’s bearings along the identity trail is a complicated matter. The trail is forked: one path ends in commonality and in identity shared by the person with others as members of certain categories or collectivities; the other ends in individuation or uniqueness, differentiating one person from another. These paths resemble what Hildebrandt, following Ricoeur, articulates as two interrelated concepts of identity: one derives from idem, the Latin word, “meaning sameness, similarity and/or continuity;” the other “refers to the concept of ipse or self . . . the sense of self that is constitutive of the human subject (emphasis in original).”
Anonymity and the Law in the Netherlands
Authors: Hof Simone Van Der , Koops, Bert-Jaap , Leenes Ronald 
Published: October 2023

Abstract
Anonymity is important in current society. The feeling that anonymity is disappearing has raised the question of whether a right to anonymity exists, or whether such a right should be created given technological and societal developments. In this chapter, we address this question from a Dutch legal perspective. Our analysis of the hypothetical legal right to anonymity in the Netherlands may contribute to the overall research into the status and importance of a right to anonymity in contemporary society. The core of this chapter consists of an overview of relevant areas in Dutch law where a right to anonymity may be found, construed, or contested. Section 2 discusses anonymity in constitutional law. Sections 3 and 4 explore the status of anonymity in criminal law and private law, respectively. Section 5 provides an overview of anonymity in public spaces. In section 6, we focus on anonymity in citizen-government relationships: service delivery, e-voting, anonymized case-law, and naming and shaming. Finally, we draw conclusions regarding the right to anonymity in current Dutch law—something that turns out to be only piecemeal, and rather weak.
Church, State, and Citizen
Authors: Joireman Sandra F 
Published: October 2023

Abstract
The history of Christianity’s relationship to government is long and complex. From the glory days of the Holy Roman Empire, when church and state were virtually synonymous, to the present day’s dizzying array of denominations and forms of government, Christian ideas about the state have varied tremendously. This book will attempt to bring order to the chaos by offering essays on how particular branches of the Christian tradition-Catholic, reformed, evangelical, etc.-view the institution of the modern state. Each chapter begins by discussing the historical roots of a particular tradition, moves on to address the theological distinctives of that tradition, and finally discusses the ways in which the theological beliefs about the appropriate role of the state influence political behavior. The essays will not be limited geographically, but will rather look at each tradition as broadly as possible, from the institutionalized (but not necessarily thriving) churches of Europe, to the independent Christian movements of Africa, to the vibrant religious marketplace of the United States.
Reformed . . . and Always Reforming?
Authors: Skillen James W 
Published: October 2023

Abstract
When Calvinism—the Reformed tradition of Protestant Christianity— comes up for discussion today, one will probably hear reference to sin (total depravity) and/or God’s sovereignty (predestination). For example, part of the explanation offered for America’s constitutionally limited, checked, and balanced government is the need to restrain human wickedness that is so easily and frequently expressed when power is concentrated and not held to account. And one influential explanation of the work ethic and the remarkable economic achievements of people in countries influenced by Calvinism is the doctrine of predestination (God’s foreordination of the elect to salvation). Max Weber (1864–1920) made the latter argument as follows: Calvinism is chiefly responsible for producing the modern entrepreneur—the “worldly ascetic.” How so? “The Calvinist had no priest to stand between him and God or to give him the sacraments that would ensure his salvation,” writes W. Fred Graham, summarizing Weber’s thesis. Thus, the Calvinist could “either assume that he was predestined to glory and battle subsequent doubts to the contrary. Or, says Weber, he could look for evidences of God’s blessing in his worldly calling to prove that God’s attitude toward him was gracious. The result was a human being who strove unremittingly to glorify God in his daily toil.”
Anabaptists and the State: An Uneasy Coexistence
Authors: Joireman Sandra F 
Published: October 2023

Abstract
In any compilation of Christian views of the state, the Anabaptist position stands out as unique or, if one wanted to be less complimentary, extreme. The Anabaptist view of the state is less focused on articulating the division between church and state responsibilities than the Reformed or Lutheran traditions. Indeed, Anabaptists have no assigned role for government beyond the creation of order, emphasizing scriptural interpretations that give primacy to the church in the life of a Christian. As a result, political theology distances Anabaptists from both the Catholic Church and the main-stream of the Reformation.
Concluding Reflections
Authors: Amstutz Mark R 
Published: October 2023

Abstract
The preceding chapters have presented distinctive features of major theological traditions of Western Christianity. The book covers four classical traditions—Catholic, Lutheran, Reformed, and Anabaptist,1 along with three other influential perspectives: Anglicanism, Pentecostalism, and evangelicalism. The latter two movements have become the fastest growing Christian churches in recent decades, accounting for most of the growth of Christianity in Africa, Asia, and Latin America. Although estimates of the number of Christians at the beginning of the new millennium vary considerably, we can assume that almost two billion persons, or nearly a third of the world’s population, considers itself part of Western Christian churches.
Location of Roman Civilization and Environmental Setting
Authors: Mcgeough Kevin M 
Published: October 2023

Abstract
An important first step in any archaeological investigation is to understand the physical environment in which the ancient people lived. There are several reasons why this is imperative. The natural environment is the stage on which human action plays. The constraints imposed by and the possibilities made available by certain environments have a fundamental effect on the humans who live in them. For example, Bedouin living in the Sinai and Americans living in New York City obviously would have different access to resources and different environmental constraints. In comparison with New Yorkers, the Bedouins’ resources are scarce, but the Bedouins’ freedom of movement and living space are much greater than that of New Yorkers. The same is true in regard to ancient civilizations. To comprehend an ancient culture, it is important to understand what its environmental constraints were. The environment also affects what is preserved in the archaeological record.
Intellectual Accomplishments
Authors: Mcgeough Kevin M 
Published: October 2023

Abstract
A common theme will become apparent in this chapter: the claim that the Romans were relatively impoverished in comparison with the Greeks in terms of intellectual accomplishment. This belief is widely held by classicists (especially by those who specialize in Greece) but it is not accurate. Although it is easy to disparage the Roman intellectual heritage when comparing gladiators with Plato, it is more difficult to justify this attitude toward Rome when its cultural achievements are considered. If the Romans really were as intellectually deprived as scholars often suggest, how did they build the Pantheon? And how did they manage an empire of such incredible size and diversity for so long?
Simple Timing Options
Authors: Guthrie Graeme 
Published: October 2023

Abstract
In 1974, Sony demonstrated its Betamax videocassette recorder (VCR) to other electronics manufacturers, hoping that Betamax would be adopted as the industry standard. However, JVC subsequently developed its own VCR format, known as VHS, and thus began a classic format war. Sony’s Betamax machines entered the market in 1975, with JVC’s VHS machines entering in 1977. The left-hand graph in Figure 7.1 plots annual production of VCRs using Betamax (the solid curve) and VHS (the dashed curve), measured in millions of units. The right-hand graph plots cumulative production, again in millions of units. Despite the fact that JVC entered the market two years after Sony, production of VHS-format VCRs quickly overtook the Betamax format. Indeed, almost twice as many VHS machines as Betamax ones were produced in 1980 and the ratio of VHS production to Betamax production increased during the entire period. Betamax production peaked at six million units in 1984, a year in which more than 23 million VHS units were produced. One year later, Betamax production had fallen by 44%, while VHS production had grown by 75%.
Compound Timing Options
Authors: Guthrie Graeme 
Published: October 2023

Abstract
The deregulation of the US electricity sector at the end of the twentieth century created a new type of firm—the merchant generator. These firms, which did not have their own retail customers, owned plants that generated electricity for sale in wholesale markets. The growth of merchant generation is seen in Figure 8.1, which plots the total net summer capacity of utility-owned power plants (the light gray bars) and of plants owned by non-utilities (the dark gray bars). Approximately half of the growth in non-utility capacity is at the expense of utility-owned capacity, reflecting the latter’s forced divestiture of generation in many states. However, the graph shows that there was also very substantial investment in new capacity by non-utilities.
Pharmacological management and inhalers
Authors: Berger William E , Currie Graeme P 
Published: October 2023

Abstract
The 2007 National Heart, Lung and Blood Institute/National Asthma Education and Prevention Program of the National Institutes of Health (NHLBI/NAEPP) guidelines state that chronic adult asthma should be managed in a stepwise fashion (Fig. 4.1). Treatment can be started at any of the six steps—largely determined by the severity of symptoms—in an attempt to control symptoms rapidly.
Asthma in special circumstances
Authors: Berger William E , Currie Graeme P 
Published: October 2023

Abstract
Asthma is one of the most common chronic conditions that affect women during pregnancy, with approximately 4% to 12% of pregnancies affected. When asthma is poorly controlled, potentially serious consequences can affect the health of both the mother and unborn child. For example, retrospective studies have found that uncontrolled asthma can be associated with preterm birth, low birthweight, and preeclampsia.
It is often reported that clinical control of asthma improves in about one-third of women during pregnancy, remains the same in one-third, and deteriorates in one-third, although it is more likely to decline in those with more severe disease. The reasons for this and the mechanisms involved still await clarification.
The Threat of Religious Extremism
Authors: Guiora Amos N 
Published: October 2023

Abstract
Freedom of conscience is arguably the most important aspect of a democratic society. This freedom includes freedom of thought, speech, and religious conduct. Such freedom, exercised by individuals within a larger society, can result in positive progression of a society (abolitionists, women suffragists, civil rights activists) but also in movements that would destroy the very freedom that allowed them to exist in the first place (fascists and communists).
The Limits of Freedom of Speech
Authors: Guiora Amos N 
Published: October 2023

Abstract
A critical component of democracy is the value placed on civil and political rights. Foremost among these rights is the freedom of speech. Governments recognize the right to free speech—for example, the U.S. Constitution enshrines the right to free speech in the First Amendment— and multi-national agreements such as the International Covenant on Civil and Political Rights (ICCPR) recognize it as well. The right to practice religion freely is similarly valued by democracies. These rights are something just short of sacrosanct; all democracies recognize that certain limits may be placed on these rights. For example, U.S. law recognizes a difference between protected speech and unprotected speech (libel, obscenity, incitement, fighting words).
I680-I780: The Dislike of Dubiety
Authors: Lennard John 
Published: October 2023

Abstract
In the eighteenth century there emerged a group which came to be called the ‘(hiality’, defined in this sense by Johnson as “Persons of high rank. Collectively.”. 1Vlany factors are implicated in this development, notably the stress which came to be placed upon personal hygiene. Brewer suggests that the modern popularity of the phrase “Cleanliness is next to Godliness” dates from Wesley’s use of it; and if the seventeenth century is taken to display, in the ructions of the civil war, the consequences of Godliness, the eighteenth equally displays the consequences of cleanliness.
I8Io-I9I8: Reassertions of Human Scale
Authors: Lennard John 
Published: October 2023

Abstract
Burke ‘s Philosophical Enquiry into the Origin of our Ideas of the Sublime and the Beautiful (1757) has long been recognized as an influential book. Its importance here is that certain of Burke’s dictates relate to the renewed exploitation of lunulae in the nineteenth century as Wilkins’s dictates in Ecclesiastes relate to the paucity of exploitation in the eighteenth.
In Eliot’s Penumbra: Time and Absence
Authors: Lennard John 
Published: October 2023

Abstract
Eliot pointed out that punctuation mattered, remarking that “verse, whatever else it may be, is itself a system of punctuation; the usual marks of punctuation themselves are differently employed”, and annotating, in Four Quartets, “the punctuation (which includes the absence of punctuation marks, when they are omitted where the reader would expect them).” He said of The Waste Land in July 1922 that “I only hope the printers are not allowed to bitch the punctuation and the spacing, as that is very important for the sense ... “2• And Helen Gardner, the first critic to write of his poetic career as a whole, remarked the importance of parentheses.