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The Unwritten Constitution for Admitting States
Get PDFThe United States has experimented with several different constitutions for adding states. Of all of these regimes, the shortest lived was also the one selected by the Federalist drafters of the Constitution. Under this regime, Article IV, Section 3 bestowed on Congress broad power to govern new territories as colonies of the original states, allowing Congress to place any conditions that they pleased on their admissions. This regime was created by Federalists, like Gouvernour Morris, who were suspicious of Scots-Irish frontiersmen and eager to settle western territory using land companies who would insure that new settlers were deferential to Federalist leadership back east and loyal to the national government. Whatever its merits in terms of text and original understanding, however, the Federalist constitution of company towns was quickly supplanted by a constitution of popular sovereignty. Initially devised by the Northern Democratic Party between 1845 and the Civil War to overcome intraparty divisions over slavery, the Republican Party preserved the basic structure of popular sovereignty after the Civil War to become the unwritten constitution for adding states today. Our national experience with the constitution of state admissions is that cross-partisan constitutional conventions, not text or original understanding, are the real foundations of durable constitutional rules
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The Unwritten Constitution for Admitting States
No full textThe United States has experimented with several different constitutions for adding states. Of all of these regimes, the shortest lived was also the one selected by the Federalist drafters of the Constitution. Under this regime, Article IV, Section 3 bestowed on Congress broad power to govern new territories as colonies of the original states, allowing Congress to place any conditions that they pleased on their admissions. This regime was created by Federalists, like Gouvernour Morris, who were suspicious of Scots-Irish frontiersmen and eager to settle western territory using land companies who would insure that new settlers were deferential to Federalist leadership back east and loyal to the national government. Whatever its merits in terms of text and original understanding, however, the Federalist constitution of company towns was quickly supplanted by a constitution of popular sovereignty. Initially devised by the Northern Democratic Party between 1845 and the Civil War to overcome intraparty divisions over slavery, the Republican Party preserved the basic structure of popular sovereignty after the Civil War to become the unwritten constitution for adding states today. Our national experience with the constitution of state admissions is that cross-partisan constitutional conventions, not text or original understanding, are the real foundations of durable constitutional rules
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
WHAT IS PROPERTY LAW IN AN AGE OF STATUTES AND REGULATION?: A REVIEW OF PROPERTY: PRINCIPLES AND POLICIES BY THOMAS MERRILL, HENRY SMITH AND MAUREEN BRADY
No full textThe Fourth Edition of Property: Principles and Policies by Thomas Merrill, Henry Smith and Maureen Brady lays out what the field's leading thinkers believe we all should know about property law. Unlike most casebooks, the book is an intellectual achievement, a powerful argument made through educational materials. But it is premised on a set of beliefs, common among property law scholars, about what is important about the field. Although it discusses many legal and policy issues, Property: Principles and Policies focuses on the common law of property and the structure of property rights, both in theory and in historical practice. However, the property law it presents is often quite distant from how we actually regulate the uses and transfers of real property today. For better or for worse, we live in an age of statutes and administration. From mortgage regulation to zoning to property tax policy and administration, the most important means through which we regulate real property fall outside of the common law. The book, and indeed much of the work done by property law scholars, does not wrestle with the methods through which government institutions regulate real property. While systems of real property regulation build on the structure of property rights established over time, most relevant legal and policy disputes about real property do not turn on interpretations or changes in the common law of property. Instead, they are instances where other types of law--administrative, local government, securities, and tax, among others--apply to real property. Focusing on the traditional common law of property, rather than the effects other types of law have on real property, is not a mistake. It is a choice. But it is a choice that comes with costs for students and scholars alike. Most real property regulation is done through state and local governments. First-year students, whether they have requisite traditional property law courses, federal-law focused "Leg-Reg" courses, or both, are often not exposed to how state and local governments work. Similarly, focusing on the common law and the theoretical structure of property rights renders property law scholars less able to be useful to legal and policy disputes. The rich insights of property law theory could contribute more to contemporary law and policy if scholars took seriously the institutions that regulate most property most of the time
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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