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Compute Operating Points from Specifications Using Steady State Manager
You can compute a steady-state operating point of a Simulink® model by specifying constraints on the model states, outputs, and inputs, and by finding a model operating condition that satisfies these constraints. For more information on steady-state operating points, see About Operating Points and Compute Steady-State Operating Points.
To find an operating point for your Simulink model, you can interactively trim your model using the Steady State Manager, as shown in this example.
Alternatively, you can trim your model:
At the command line. For more information, see Compute Operating Points from Specifications at the Command Line.
In the Model Linearizer. For more information, see Compute Operating Points from Specifications Using Model Linearizer.
In this example, you compute an operating point to meet output specifications. Using a similar approach, you can define state or input specifications. Also, you can define a combination of state, output, and input specifications; that is, you do not have to use, for example, only state specifications.
For more information on trimming your model to meet specifications, see Compute Steady-State Operating Points from Specifications.
Open Steady State Manager
Open the Simulink model.
sys = 'scdspeed';
To open the Steady State Manager, in the Simulink model window, in the Apps gallery, click Steady State Manager.
Define Operating Point Specifications
To create an operating point specification, in Steady State Manager, on the Steady State tab, click Trim Specification.
In the data browser, in the Specifications section, the
software adds a default operating point specification,
. Also, the Specification
tab opens along with a corresponding spec1
In the spec1 document, in the navigation tree, select the type of specification that you want to add. For this example, you want to find a steady-state operating point at which the engine speed is fixed at 2000 rpm using an output specification. Therefore, click Outputs.
Since the model does not have any root-level output ports or defined trim outputs constraints, the operating point specification does not have any outputs.
Add Output Specification
You can add outputs to the operating point specification for one or more signals in your model. To do so, on the Specification tab, click Add Outputs.
In the Add Output Specifications dialog box, specify the signals to which you want to add an output specification. To add a signal to the list select the signal in the Simulink model window. For this example, click the output signal of the rad/s to rpm block. Doing so adds the signal to the Add Output Specifications dialog box.
After adding signals to the list, to:
To highlight the source block of a signal in the model, select the signal and click Highlight.
Remove a signal, in the corresponding row, select the signal and click Remove.
To add the output specification, click Add Signal(s).
The software adds this signal to the operating point specification as an output.
Define Output Specification
To view and edit the output specification, in the spec1 document, click Outputs.
The selected signal is listed in the output specification table under the name of its source block.
To go to the block in your model that is associated with a given state, input, or output specification, in the specification table, click the block name.
Specify a known speed value. In the spec1
document, in the Known column, select the
corresponding row, and in the Value column set
the known value to 2000
Trim Model
To compute the operating point that meets this output specification, on the Specification tab, click Trim .
The software trims the model and generates an operating point search report.
The report, report1
, is added to the data browser, in the
Reports section. Also, the
Report tab opens along with a corresponding
report1 document.
For this example, you use default trimming options. To specify different options, such as the optimization method or a custom cost function, on the Specification tab, click Trim Options.
To check whether the optimization search converged to a solution that meets the specifications, in the report1 document, click Optimization Status.
The optimization status shows that the optimization algorithm terminated successfully, finding an operating point that meets the specifications.
The Maximum Error plot and the Max Error column show the maximum constraint violation for each iteration. The Block column shows the block to which the maximum constraint violation applies.
Validate Operating Point
For this example, the optimization search converged to an operating point that met the specification. When the operating point search report indicates that the search was unsuccessful, you can validate your operating point against the specifications. To do so, in the report1 document, in the navigation tree, select the specifications that you want to check. For this example, click Outputs.
In the specification table, known values are highlighted in gray, and constraint violations are highlighted in red. For this example, there are no constraint violations.
You can also verify whether the operating point is at steady state. For example, in the report1 document, click States.
The Actual dx column shows the rates of change of the state values at the operating point. Since these values are near zero, the states are not changing, showing that the operating point is in a steady state.
For more information on validating operating points, see Validate Operating Point Against Specifications.
Trim Model for Different Specifications
You can also specify bounds for your specification rather than known values.
For example, suppose that you know that there is a steady-state condition in
the range from 1900 to 2100 rpm. To find this operating point, first create
another specification by copying and editing previous specification. In the
data browser, right-click spec1
, and select
The software adds spec2
to the data browser. To open the
specification document for editing, double-click this new
In the spec2 document, click Outputs. Then, in the specification table:
In the Value column, specify an initial guess for the value, if you have one.
In the Known column, clear the entry for the output specification.
In the Minimum and Maximum columns, specify the lower and upper constraint bounds, respectively.
On the Specification tab, click Trim . The software trims the model and opens the operating point search report in the report2 document.
Click Outputs.
As shown in the Actual Value column, the trimmed output value is within the specified bounds.
Extract Operating Point from Report
The operating point search report is read-only and contains information
about both the specifications and the trimmed operating point. You can
extract either a specification or operating point object from a search
report. For example, on the Report tab for
, click Extract > Operating Point.
The software extracts the trimmed operating point, op1
from the report, adding it to the data browser, in the Operating
Points section.
Export Operating Point Data
Once you have computed an operating point that meets your specifications, you can export the model to the MATLAB® workspace and set the initial conditions of your model to the values in the operating point. To do so, on the Operating Point tab, click Export or Set Initial Conditions, respectively.
For more information on setting your model initial conditions and simulating your model at a specific operating point, see Simulate Simulink Model at Specific Operating Point.


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At last! Fall break is nearly here. If you're travelling over the holiday to see loved ones or just for vacation, we hope you have a safe and happy time of it. If you're sticking around for all or most of the week, we hope you get as much working or relaxing done as you hope to. And you know…if you happen to need somewhere to hang out…the UGL will still be here. Here are our hours for fall break, in case you need or want to stop in.
Friday, November 22nd: Close at 7 PM
Saturday, November 23rd: Closed
Sunday, November 24th: Closed
Monday, November 25th: Open 8:30 AM – 5 PM
Tuesday, November 26th: Open 8:30 AM – 5 PM
Wednesday, November 27th: Open 8:30 AM – 5 PM
Thursday, November 28th: Closed – Happy Thanksgiving!
Friday, November 29th: Closed
Saturday, November 30th: Closed
Sunday, December 1st: Open at 1 PM; resume regular semester hours
If you want to grab something to read, check out the UGL's Pinterest boards for tons of reading recommendations. Remember that if your books or movies are due while you're out of town for the holiday, you can renew them using your online account to avoid overdue notices! Have a great break, and we'll be here for you when you come back refreshed and ready to finish your semester strong!

subset: commoncrawl


text:
I recently picked up a vintage penny-farthing (high wheeler) at the flea market and, after restoration, adopted it as my normal mode of transportation.
It works well for the most part, but going downhill terrifies me as I don't want to lose control and fall from more than a meter up.
Certainly this problem has solved before. How can I safely go downhill? Are there reliable braking systems?


text:
Anna Halprin, Blank Placard Happening (1967)
* Action/performance réactivée dans le cadre de PERFORMING LIVES par les membres du Laboratoire du Geste / septembre 2015
originally performed by the San Fransicso Dancer's Workshop in 1967, a group of dancers are protesting, but the signs they are holding are all blank. As passersby and witnesses encounter the dancers, they ask, "What are you protesting ?" and the response from the dancers is, "What do you want to protest ?"
"People wanted to protest but their voices weren't being heard in any effective way. So we marched with blank placards, and we collected a lot of protest statements and wrote them down. Then we marched back with the protests written on the signs. But you need to get permission from the city authorities, and you have to stand ten feet from the person in front of you ; we did that so we wouldn't get arrested. We had previously been arrested during protests against the Vietnam War. " (Anna Halprin)


text:
Putin wants to end poverty? Putin wants to stimulate economic growth in developing countries? Putin wants to change the system that divides the world into "permanent winners and losers"? But, how can that be, after all, Putin is bad, Putin is a "KGB thug", Putin is the "new Hitler"?"It is essential to provide conditions for creative labor and economic growth at a pace that would put an end to the division of the world into permanent winners and permanent losers. The rules of the game should give the developing economies at least a chance to catch up with those we know as developed economies. We should work to level out the pace of economic development, and brace up backward countries and regions so as to make the fruit of economic growth and technological progress accessible to all. Particularly, this would help to put an end to poverty, one of the worst contemporary problems."
-- Vladimir Putin, President Russian Federation, Meeting of the Valdai International Discussion Club
American liberals would be surprised to know that Putin actually supports many of the same social issues that they support. For example, the Russian President is not only committed to lifting living standards and ending poverty, he's also a big believer in universal healthcare which is free under the current Russian Constitution. Naturally, the Russian system has its shortcomings, but there has been significant progress under Putin who has dramatically increased the budget, improved treatment and widened accessibility. Putin believes that healthcare should be a universal human right. Here's what he said at the annual meeting of the Valdai International Discussion Club:
"Another priority is global healthcare.... All people in the world, not only the elite, should have the right to healthy, long and full lives. This is a noble goal. In short, we should build the foundation for the future world today by investing in all priority areas of human development." (Vladimir Putin, President Russian Federation, Meeting of the Valdai International Discussion Club)How many "liberal" politicians in the US would support a recommendation like Putin's? Not very many. The Democrats are much more partial to market-based reforms like Obamacare that guarantee an ever-increasing slice of the pie goes to the giant HMOs and the voracious pharmaceutical companies. The Dems no longer make any attempt to promote universal healthcare as a basic human right. They've simply thrown in the towel and moved on to other issues.
Many Americans would find Putin's views on climate change equally surprising. Here's another clip from the Valdai speech:
"Ladies and gentlemen, one more issue that shall affect the future of the entire humankind is climate change. ... I suggest that we take a broader look at the issue....What we need is an essentially different approach, one that would involve introducing new, groundbreaking, nature-like technologies that would not damage the environment, but rather work in harmony with it, enabling us to restore the balance between the biosphere and technology upset by human activities.Most people would never suspect that Putin supports a global effort to address climate change. And, how would they know, after all, bits of information like that -- that help to soften Putin's image and make him seem like a rational human being -- are scrubbed from the media's coverage in order to cast him in the worst possible light. The media doesn't want people to know that Putin is a reflective and modest man who has worked tirelessly to make Russia and the world a better place. No, they want them to believe that he's is a scheming tyrannical despot who's obsessive hatred for America poses a very real threat to US national security. But it's not true.
It is indeed a challenge of global proportions. And I am confident that humanity does have the necessary intellectual capacity to respond to it. We need to join our efforts, primarily engaging countries that possess strong research and development capabilities, and have made significant advances in fundamental research. We propose convening a special forum under the auspices of the UN to comprehensively address issues related to the depletion of natural resources, habitat destruction, and climate change. Russia is willing to co-sponsor such a forum....." Valdai)
Putin is not the ghoulish caricature the media makes him out to be nor does he hate America, that's just more propaganda from the corporate echo-chamber. The truth is Putin has been good for Russia, good for regional stability, and good for global security. He pulled the Russian Federation back from the brink of annihilation in 2000, and has had the country moving in a positive direction ever since. His impact on the Russian economy has been particularly impressive. According to Wikipedia:
Inequality is a problem in Russia just like it is in the US, but the vast majority of working people have benefited greatly from Putin's reforms and a system of distribution that -- judging by steady uptick in disposable incomes -- is significantly superior to that in the United States where wages have flatlined for over 2 decades and where virtually all of the nation's wealth trickles upward to the parasitic 1 percent."Between 2000 and 2012 Russia's energy exports fueled a rapid growth in living standards, with real disposable income rising by 160%. In dollar-denominated terms this amounted to a more than sevenfold increase in disposable incomes since 2000. In the same period, unemployment and poverty more than halved and Russians' self-assessed life satisfaction also rose significantly."
Since Putin took office in 2000, workers have seen across-the-board increase in wages, benefits, healthcare and pensions. Poverty and unemployment have been reduced by more than half while foreign investment has experienced steady growth. Onerous IMF loans have been repaid in full, capital flight has all-but ceased, hundreds in billions in reserves have been accumulated, personal and corporate taxes have been slashed, and technology has experienced an unprecedented renaissance. The notorious Russian oligarchs still have a stranglehold on many privately-owned industries, but their grip has begun to loosen and the "kleptocracy has begun to fade."
Things are far from perfect, but the Russian economy has flourished under Putin and, generally speaking, the people are appreciative. This helps to explain why Putin's public approval ratings are typically in the stratosphere. (70 to 80 percent) Simply put: Putin the most popular Russian president of all time. And his popularity is not limited to Russia either, in fact, he typically ranks at the top of most global leadership polls such as the recent Gallup International End of Year Survey (EoY) where Putin came in third (43 percent positive rating) behind Germany's Angela Merkel (49 percent) and French President Emmanuel Macron. (45 percent) According to Gallup: "Putin has gone from one in three (33 percent) viewing him favourably to 43 percent, a significant increase over two years."
The only place where people have a negative view of Putin is in the United States (14 percent) and EU (28 percent), the two locations where he is relentlessly savaged by the media and excoriated by the political class. This should come as no surprise to Americans who know that the chances of stumbling across an article that treats Putin with even minimal objectivity is about as likely as finding a copper coin at the bottom of the Pacific Ocean. The consensus view of the western media is that Putin is a maniacal autocrat who kills journalists and political opponents (no proof), who meddles in US elections to "sow discord" and destroy our precious democracy (no proof), and who is conducting a secret and sinister cyberwar against the United States. (no proof). It's a pathetic litany of libels and fabrications, but its impact on the brainwashed American people has been quite impressive as Gallup's results indicate. Bottom line: Propaganda works.
The attacks on Putin began sometime in 2006 during Putin's second term when it became apparent that Russia was going to resist the looting and exploitation the US requires of its vassal states. This is when the powerful Council on Foreign Relations funded a report titled "Russia's Wrong Direction" that suggested that Russia's increasingly independent foreign policy and insistence that it control its own vast oil and natural gas resources meant that "the very idea of a 'strategic partnership' no longer seems realistic." That's right, Russia was thrown under the bus because they wanted to control their own oil and their own destiny.
John Edwards and Jack Kemp were appointed to lead a CFR task force which concocted the absurd pretext that that Putin was "rolling back democracy" in Russia. They claimed that the government had become increasingly authoritarian and that the society was growing less "open and pluralistic". Kemp and Edwards provided the ideological foundation upon which the entire public relations campaign against Putin has been built. Twelve years later, the same charges are still being leveled at Putin along with the additional allegations that he meddled in the 2016 presidential elections.
Needless to say, none of the nation's newspapers, magazines or broadcast media ever publish anything that deviates even slightly from the prevailing, propagandistic narrative about Putin. One can only assume that the MSM's views on Putin are either universally accepted by all 325 million Americans or that the so-called "free press" is a wretched farce that conceals an authoritarian corporate machine that censors all opinions that don't promote their own malign political agenda.
What Washington really despises about Putin is that he has refused to comply with their diktats and has openly rejected their model of a "unipolar" world order. As he said at the annual Security Conference at Munich in 2007:
"The unipolar world refers to a world in which there is one master, one sovereign; one center of authority, one center of force, one center of decision-making. At the end of the day this is pernicious not only for all those within this system, but also for the sovereign itself because it destroys itself from within."Despite Russia's efforts to assist the US in its War On Terror, Washington has continued to regard Putin as an emerging rival that would eventually have to be confronted. The conflict in Ukraine added more gas to the fire by pitting the two superpowers against each other in a hot war that remains unresolved to this day.
But Syria was the straw that broke the camel's back. Russia's intervention in the Syrian War in September 2015 proved to be the turning point in the 7 year-long conflagration. By rolling back the CIA-trained militants, Putin bloodied Washington's nose and forced the Pentagon to adopt a backup plan that relied heavily on Kurdish proxies east of the Euphrates. At present, US Special Forces and their allies are clinging to a strip of arid wasteland in the Syrian outback hoping that the Pentagon brass can settle on a forward-operating strategy that reverses their fortunes or brings the war to a swift end.
The Syria humiliation precipitated the Russia-gate Information Operation (IO) which is the propaganda component of the current war on Russia. The scandal has been an effective way to poison public perceptions and to make it look like the perpetrator of aggression is really the victim. More important, failure in Syria has led to a reevaluation of how Washington conducts its wars abroad. The War on Terror pretext has been jettisoned for a more direct approach laid out in the Trump administration's National Defense Strategy. The focus going forward will be on "Great Power Competition", that is, the US is subordinating its covert proxy operations to more flagrant displays of military force particularly in regards to the "growing threat from revisionist powers", Russia and China. In short, the gloves are coming off and Washington is ramping up for a land war.
Comment: Lotsa luck with that, boys.
Putin Delivers Landmark 'State of The Union' Speech: Puts The Smack Down on US, Shows Off Latest Russian Nuclear Weapons
Putin has become an obstacle to Washington's imperial ambitions which is why he's has been elevated to Public Enemy Number 1. It has nothing to do with the fictitious meddling in the 2016 elections or the nonsensical "rolling back democracy" in Russia. It's all about power. In the United States the group with the tightest grip on power is the foreign policy establishment. These are the towering mandarins who dictate the policy, tailor the politics to fit their strategic vision, and dispatch their lackeys in the media to shape the narrative. These are the people who decided that Putin must be demonized to pave the way for more foreign interventions, more regime change wars, more bloody aggression against sovereign states.
Putin has repeatedly warned Washington that Russia would not stand by while the US destroyed one country after the other in its lust for global domination. He reiterated his claim that Washington's "uncontained hyper-use of force" was creating "new centers of tension", exacerbating regional conflicts, undermining international relations, and "plunging the world into an abyss of permanent conflicts." He has pointed out how the US routinely displayed its contempt for international law and "overstepped its national borders in every way." As a result of Washington's aggressive behavior, public confidence in international law and global security has steadily eroded and "No one feels safe. I want to emphasize this," Putin thundered in Munich. "No one feels safe."
On September 28, 2015 Putin finally threw down the gauntlet in a speech he delivered at the 70th session of the UN General Assembly in New York. After reiterating his commitment to international law, the UN, and state sovereignty, he provided a brief but disturbing account of recent events in the Middle East, all of which have gotten significantly worse due to Washington's use of force. Here's Putin:
Putin clearly blames the United States for the rise of ISIS and the surge in global terrorism. He also condemns Washington's strategy to use terrorist organizations to achieve its own narrow strategic objectives (regime change). More important, he uses his platform at the United Nations to explain why he has deployed the Russian Air-force to bases in Syria where it will it will be used to conduct a war against Washington's jihadist proxies on the ground."Just look at the situation in the Middle East and Northern Africa... Instead of bringing about reforms, aggressive intervention destroyed government institutions and the local way of life. Instead of democracy and progress, there is now violence, poverty, social disasters and total disregard for human rights, including even the right to life...
The power vacuum in some countries in the Middle East and Northern Africa obviously resulted in the emergence of areas of anarchy, which were quickly filled with extremists and terrorists. The so-called Islamic State has tens of thousands of militants fighting for it, including former Iraqi soldiers who were left on the street after the 2003 invasion. Many recruits come from Libya whose statehood was destroyed as a result of a gross violation of UN Security Council Resolution 1973...."
US interventions have decimated Iraq, Libya, Syria and beyond. Over a million people have been killed while tens of millions have been forced to flee their homes and their countries. The refugee spillover has added to social tensions across the EU where anti-immigrant sentiment has precipitated the explosive growth in right wing groups and political organizations. From Northern Africa, across the Middle East, and into Central Asia, global security has steadily deteriorated under Washington's ruthless stewardship. Here's more from Putin:
"The Islamic State itself did not come out of nowhere. It was initially developed as a weapon against undesirable secular regimes. Having established control over parts of Syria and Iraq, Islamic State now aggressively expands into other regions....It is irresponsible to manipulate extremist groups and use them to achieve your political goals, hoping that later you'll find a way to get rid of them or somehow eliminate them...."
Putin: "We can no longer tolerate the current state of affairs in the world."
Less than 48 hours after these words were uttered, Russian warplanes began pounding militant targets in Syria.
Putin again:
"Dear colleagues,....relying on international law, we must join efforts to address the problems that all of us are facing, and create a genuinely broad international coalition against terrorism....Russia is confident of the United Nations' enormous potential, which should help us avoid a new confrontation and embrace a strategy of cooperation. Hand in hand with other nations, we will consistently work to strengthen the UN's central, coordinating role. I am convinced that by working together, we will make the world stable and safe, and provide an enabling environment for the development of all nations and peoples."So, here's the question: Is Putin "evil" for opposing Washington's regime change wars, for stopping the spread of terrorism, and for rejecting the idea that one unipolar world power should rule the world? Is that why he's evil, because he won't click his heels and do as he's told by the global hegemon?
We should all be so evil.


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Wednesday, December 31, 2008
Meriwether on Black Voters, Africa, and the 1960 Presidential Campaign
When John F. Kennedy telephoned Coretta Scott King to express sympathy for her jailed husband, he had little idea that his two-minute call would move to center stage in the 1960 presidential election. That call, James H. Meriwether argues, has obscured Kennedy's broader efforts to secure the support of black voters while not alienating white voters in the no longer "solid South." Kennedy drew on the growing transnational relationship black Americans had with an ancestral continent undergoing its own freedom struggles, revealing that he was more interested in Africa than in civil rights. Africa, the newest frontier for Kennedy, became a place where he could show his Cold War credentials, find common ground with black American voters, and strengthen his chances to win the presidency.
Schottenhammer on Sino-Japanese Relations from the Kangxi to the Early Qianlong Reigns
Sino-Japanese relations experienced great qualitative changes during the seventeenth and early eighteenth centuries. By the reign period of the Yongzheng Emperor (r. 1723-1735) one can even speak of a partial reversal of the former master-vassal relationship, which existed during the Ming period: whereas during the fifteenth and sixteenth centuries Japan was the vassal which had to obey strict regulations in China and which accepted the formal subordination under the Chinese tribute system, the new Tokugawa rulers, starting from the time of Ieyasu (1542-1616; r. 1603-1616), were no longer willing to restore the former vassal-tribute relations with China. Instead they issued their own trade licenses (shinpai, in Chinese sources also referred to as Wozhao) for foreign ships and initiated a series of new regulations in order to monopolize the China trade more strictly. By the early seventeenth century the Chinese in Japan were increasingly subject to political control and found themselves very much restricted in their mobility, as the Japanese had formerly been in China. At the same time, however, it is evident that both China and Japan still wanted to maintain mutual trade relations, although for different reasons. Whereas the Chinese were primarily interested in Japanese silver and, starting from the late seventeenth century onwards, in Japanese copper, the Japanese mainly sought Chinese silk, medicinal products, medical knowledge, physicians and various other kinds of "practical knowledge" to be imported from China. Because of decreasing copper imports in the course of the first third of the eighteenth century, the Chinese were increasingly dissatisfied with the Japan trade. Developments even prompted high Qing officials to send "secret agents" to Japan to inquire about the causes for reduced export quotas. But in the end none of these "secret missions" had any far-reaching consequences for China's Japan policy. The paper intends to look behind the scenes and to give an overview of the causes and changes in Sino-Japanese relations. In addition, it seeks to provide an answer for why, from the Chinese perspective, these missions remained without consequences and why Japan, despite her rising self-confidence and the subsequent reformation of the China trade at Nagasaki, continued to be considered the 'tiny dwarf country' (cui'erguo) by the Chinese.
Tuesday, December 30, 2008
The Promise of Digital History
Digital history is an approach to examining and representing the past that works with the new communication technologies of the computer, the Internet network, and software systems. On one level, digital history is an open arena of scholarly production and communication, encompassing the development of new course materials and scholarly data collections. On another, it is a methodological approach framed by the hypertextual power of these technologies to make, define, query, and annotate associations in the human record of the past. To do digital history, then, is to create a framework, an ontology, through the technology for people to experience, read, and follow an argument about a historical problem.
Digital history scholarship also encourages readers to investigate and form interpretive associations of their own. That might be the defining characteristic of the genre. Readers are not presented with an exhibit, or an article with appendices, or any other analog form simply reprocessed into the Web format....Instead, they are presented with a suite of interpretive elements, ways to gain leverage on the problem under investigation.
Digital history possesses a crucial set of common components—the capacity for play, manipulation, participation, and investigation by the reader. Dissemination in digital form makes the work of the scholar available for verification and examination; it also offers the reader the opportunity to experiment. He or she can test the interpretations of others, formulate new views, and mine the materials of the past for overlooked items and clues. The reader can immerse him/herself in the past, surrounded with the evidence, and make new associations. The goal of digital history might be to build environments that pull readers in less by the force of a linear argument than by the experience of total immersion and the curiosity to build connections. (Versus the narrative anticipation of what comes next, this is a curiosity about what could be related to what and why.)
Steven Mintz, Columbia, adds:
We have now entered Stage 3.0, in which the emphasis is on active learning, collaboration, and enhanced interaction. Wikis, blogs, mash-ups, podcasts, tags, and social networking are the buzz words. These technological innovations offer opportunities to students to share resources and create collaborative projects.
Stage 4.0 lurks just beyond the horizon. It includes three-dimensional virtual reality environments, which allow students to navigate and annotate now-lost historical settings. A stunning example is Lisa M. Snyder's reconstruction of the 1893 World's Columbian Exposition in Chicago.
Stage 4.0 is informed by a "constructivist" understanding of learning, in which students devise their own conceptual models for understanding our collective past. With support from the National Endowment for the Humanities (NEH), a colleague in instructional technology, Sara McNeil, and I, are completing MyHistory, which will allow students to create online history portfolios, in which they can develop multimedia projects, and construct timelines, annotate images, and keep notes.
Other participants in this roundtable include Daniel J. Cohen, George Mason University; Michael Frisch, University at Buffalo, State University of New York; Patrick Gallagher, Gallagher & Associates; Kirsten Sword, Indiana University; Amy Murrell Taylor, State University of New York–Albany; and William J. Turkel, University of Western Ontario.
The discussion takes up the impact of digital history on teaching, research, publication, and the field as a whole. Sword sums it up this way: "The new media are profoundly changing the ways most historians work, whether or not we are self-conscious about how we are becoming digital."
Read the rest here.
Hernandez-Saenz Reviews "Empire of Laws and Indian Justice in Colonial Mexico"
With the acquisition of its American colonies, Spain became the first European power to wrestle with issues such as the justification for conquest, the place of the indigenous population in colonial society, and their role as subjects to the crown. Conquest brought new subjects as well as new challenges to the crown, which accepted the defeated as "inferior" subjects of the empire. Legislation sought to separate the conquered from the conquerors by establishing two "republics" that, although complementary, were to be kept separate. Legally, such division continued to exist into the seventeenth century but in reality both encroached on each other and were separated by a large gray area rather than a clear line. Empire of Law and Indian Justice in Colonial Mexico explores the role played by the legal processes "in mediating the relationship among people very differently situated in Spain's empire in the New World."The review continues on H-Law.
Monday, December 29, 2008
Soliz and Joseph on Native American Literature, Ceremony, and Law
Briggs on Villeins' "Choice of Court"
Medieval villagers were assiduous users of legal structures in defence of private interests. To enforce contracts against and recover debts from residents of other villages, rural plaintiffs had to prosecute in courts situated beyond the boundaries of their 'home' manors. The ability to sue elsewhere than the local manor court was thus crucial to commercial development in the countryside. This article explores the obstacles to such litigation, challenging the claim that servile villeinage acted to restrict villagers' choice of court. It lays the foundation for a larger investigation into the importance of villagers as civil litigants in ecclesiastical and royal jurisdictions.Thanks to Rob Richards for the reference. Image credit.
Sunday, December 28, 2008
Book round-up
Saturday, December 27, 2008
Roberts on The Rockefeller Philanthropies and the Evolution of Public Administration, 1927-36
Friday, December 26, 2008
Lande and Langenfeld on The Evolution of Federal Merger Policy
Money Matters at Tel Aviv University
Richard Sylla, New York University, "The Political Economy of Supplying Money to a Growing Economy: Monetary Regimes and the Search for an Anchor to Stabilize the Value of Money"
Randall Wray, University of Missouri–Kansas City, "An Alternative Approach to Money"
Mitu Gulati, Duke University, Sarah Ludington, North Carolina Central University & Alfred L. Brophy, University of North Carolina, Chapel Hill, "Applied Legal History: The Case of Odious Debts"
Bruce G. Carruthers, Northwestern University, "Money and Society: A Sociological Perspective"
Jeffrey Sklansky, Oregon State University, "The Middleman as Statesman: Nicholas Biddle and the Problem of Representation in Early American Finance"
Michael Zakim, Tel Aviv University, "Inventing Industrial Statistics"
Christine Desan, Harvard Law School, "Coin Reconsidered: The Political Alchemy of Commodity Money"
Ronen Palan, University of Birmingham, "Financial Centers: The British-Empire, the City-State and Commercially Oriented Politics"
Neta Ziv, Tel Aviv University, "Credit Cooperatives in Early Israeli Statehood: Financial Institutions and Social Transformation"
Elimelech Westreich, Tel Aviv University, "Evolution (of Elements) of Negotiability in Jewish Law in Medieval Spain"
Barry Eichengreen, University of California, Berkeley & Nergiz Dincer, Turkish State Planning Organization, "Central Bank Transparency: Causes, Consequences and Updates"
Anastasia Nesvetailova, City University London, "The End of the Great Illusion: Credit Crunch and Liquidity Meltdown "
Thursday, December 25, 2008
Wednesday, December 24, 2008
Tushnet, Teles, and "What Consequences Do Ideas Have?"
Teles is essential reading for anyone interested in late 20th century legal history or the role of institution-building in social change efforts. One point Tushnet doesn't raise in this extremely helpful review, in spite of his title, is the way Teles's fine but necessarily focused work underplays the role of certain ideas in "the conservative legal movement."Steven Teles's book, The Rise of the Conservative Legal Movement, is a case study of ideological challenge. Teles, a political scientist, emphasizes the institutional dimensions of such challenges. Relying on interviews and internal documents produced by conservative organizations, he examines the development of conservative litigating groups (i.e., conservative public interest law firms), the growth of the Federalist Society, and the embedding of law and economics within the legal academy. There have been similar studies of liberal public interest law firms and of the rise of liberal legalism in the academy, but Teles's is the first to look on the other side of the ideological divide. And, given the dominance of liberal legal ideology, his analysis brings out in sharp relief many new insights into the institutions that affect the outcomes of ideological contests. In addition, Teles connects his analysis to a broader theme in recent studies of American political development. The rise of the
conservative legal movement was intimately connected to changes in the dominant political order that have occurred over the past thirty years: the decay of the New Deal-Great Society political order, and the Reagan Revolution and its limits. In these ways Teles provides a firm foundation for thinking (or perhaps merely speculating) about future developments in the institutional apparatuses associated with conservative and liberal legal thought.This Review summarizes and critiques Teles's analysis of the three components of the conservative legal movement, beginning with the least important, law and economics in the legal academy, and then turning to conservative public interest law firms and the Federalist Society. It concludes with some speculations about the future of that movement, in light of the connection Teles rightly draws between that movement and the American political regime of the late twentieth century.
Left out of Teles's account is the role of the religious right, and I suspect that this is the reason that abortion rights play so little role in Teles's description of legal conservatism. Roe v. Wade was not just a case, but also a catalyst for organizing against the Court, enabling fund raising efforts and mass mobilization.
Others have criticized Teles for this absence, and Teles, a careful political scientist, has an appropriate response: First, another book covers religious conservatives, Steven Brown's Trumping Religion: The New Christian Right, The Free Speech Clause, and the Courts (Alabama, 2004), and "One of the main reasons I did not go into the subject at any greater length than I did was that I did not feel I had much to offer that Brown had not already covered." Second, and perhaps more important, Teles explains: "while I believed I was already reasonably far up the learning curve on the subjects I covered in the book (despite not being a lawyer), I do not have any particular training or background in Christian conservatism....To write a book like mine that covered Christian conservatives would require that the author have an intuitive sense of that part of the movement, and in all honesty, that is not part of my intellectual capital." He develops this point here.
But this means that Teles's point that he could only do so much and has not written a comprehensive history of legal conservatism must be kept in mind when we draw lessons from this work about the content and impact of the conservative legal movement. (I also wonder whether conservative women, who rarely appear in this otherwise excellent book, would play more of a role in a broader account.)
Because of this, although the book is a must-read for anyone interested in legal thought in the late 20th century, the limitations of Teles's methodology mean that, at least when it comes to the movement's motivating ideas, it cannot be read as a history of the conservative legal movement, but instead of critically important parts of it.
Stopler on The Role of Patriarchal Religion and Culture in the Subordination of Women
Finkelman on Regulating the Slave Trade
In 1807 the U.S. Congress passed legislation, which became effective on January 1, 1808, to end all importations of slaves into the United States. Even before that date, Congress had passed a series of laws which prevented Americans from participating in the trade as sailors, ship captains, ship owners, ship builders, or investors in slave trading ventures. The bicentennial of closing the trade to United States provides an appropriate moment to examine how the United States withdrew from this form of commerce. At one level, the tale is inspiring. This was the first time in history that a slaveholding nation voluntarily ceased to import new slaves. At another level, this is a cautionary, but nevertheless instructive, tale about how to use law to effectuate social change.
Tuesday, December 23, 2008
Kiel on Desegregation in the Memphis City Schools
Sugrue and McMillen at the Miller Center
On Monday, January 12, at 11:00 AM, Thomas J. Sugrue, the Edmund J. and Louise W. Kahn Professor of History and Sociology at the University of Pennsylvania, will present (and sign copies of) his new book, Sweet Land of Liberty: The Forgotten Struggle for Civil Rights in the North (Random House, 2008). Sugrue is a specialist in twentieth-century American politics, urban history, civil rights, and race and is the author of The Origins of the Urban Crisis: Race and Inequality in Postwar Detroit (Princeton University Press, 1996), which won the Bancroft Prize in American History, the Philip Taft Prize in Labor History, and the President's Book Award of the Social Science History Association.
On Friday, January 23, at 12:30 PM, Christian McMillen, Department of History, University of Virginia, will present two papers: "The Historians' Brief in Carcieri v Kempthorne," an Indian law case from the Supreme Court's current term, and "Proof, Evidence and History in Indigenous Land Claims," a paper blending history with the law in the early years of Indian claims. McMillen is the author of Making Indian Law: The Hualapai Land Case and the Birth of Ethnohistory (Yale University Press, 2007), which has recently won book prizes from the American Society for Legal History and the William Nelson Cromwell Foundation.
Monday, December 22, 2008
Law and History Review 27:2
Rebecca Probert, Control over Marriage in England and Wales, 1753-1823: The Clandestine Marriages Act of 1753 in Context
It has been widely assumed that the Clandestine Marriages Act of 1753 was absolute in its requirement that parental consent be given to the marriage of any minor, and that the period during which it was in force marked a distinctive epoch in English legal history in this respect. Yet even after the Act the absence of parental consent did not invalidate a marriage in all circumstances, and there were a number of ways in which parental control could be avoided. Moreover, both the earlier canon law and the legislation that in 1823 replaced the 1753 Act also required parental consent, even if its absence did not render a marriage void. There has also been a tendency to view the provisions of the 1753 Act in isolation from other legal initiatives, but within the propertied classes conditions in wills that made financial provision dependent on the recipient marrying with the consent of a named person provided a further layer of control, as did the wardship jurisdiction of the Court of Chancery. Viewed in context, the 1753 Act was both less drastic and less distinctive than has been assumed, and the extent to which a minor's choice of marriage partner might be constrained varied considerably according to class and gender.Daniel R. Ernst, The Politics of Administrative Law: New York's Anti-Bureaucracy Clause and the O'Brian-Wagner Campaign of 1938
In the latter half of 1938 administrative procedure was at the center of political debate in New York State. In August a constitutional convention adopted, subject to ratification in the fall, a provision to permit courts to determine for themselves the facts underpinning the adjudications of state agencies. In October John Lord O'Brian's bid to unseat U.S. Senator Robert F. Wagner became a referendum on the procedures of his legislative offspring, the National Labor Relations Board. The controversies revealed divisions in the legal profession and the party system that would ultimately determine how the bureaucracies of the 1930s were incorporated into the American legal and political order. Trial lawyers in the New York State Bar Association and "Old Guard" Democrats and Republicans pressed for heightened judicial review. They were opposed by Wall Street lawyers and liberals in the state Republican Party who preferred to make agencies' procedures more like those of the courts. The election returns in November showed the political superiority of this "procedural Diceyism" and had implications for the history of party competition, the sociology of the legal profession, and the New Deal.Leslie J. Reagan, Rashes, Rights, and Wrongs in the Hospital and in the Courtroom: German Measles, Abortion, and Malpractice before Roe and Doe
This essay analyzes an innovation in malpractice law–now known as "wrongful birth" and "wrongful life" suits–through a close reading of trial transcripts and surrounding legal, medical, and popular media materials. These suits first arose in the early 1960s in the midst of the German measles epidemic when the nation feared the disease and its "crippling" effects on the developing fetus. The trial record exposed much of medical practice, physician-patient communication, and ideas about disability, but it also suppressed crucial information. Analyzed in conjunction with media sources and the social record, these suits reveal the complex and subtle ways in which reputations, religion, race, and class entered medical decision-making about providing medical care, in these cases, therapeutic abortions. Finally, this article provides a new perspective on the cultural and parental attitudes toward children with disabilities in the 1960s.Mary Ziegler, The Framing of a Right to Choose: Roe v. Wade and the Changing Debate on Abortion Law
Roe v. Wade has produced an impressive body of historical scholarship, focused on rights-based arguments and alliances that shape abortion debate today. However, before Roe, policy-based arguments were at least as important to abortion advocacy. One such argument described abortion as a method of population control, designed to cut welfare expenses, reduce pollution, or cut illegitimacy rates. By shifting the balance in the debate away from policy-based arguments, including those related to population control, Roe reshaped the coalitions involved in the abortion debate. Before Roe, supporters of population control, now not associated with pro-choice advocacy, were willing to support abortion reform. In turn, pro-life activists emphasized the threat that population control might pose to African-Americans, and some African-Americans who supported abortion after Roe opposed abortion reform when, before the decision, abortion was thought of as population control. Roe helped to change the rhetoric and coalitions that define abortion debate. By neglecting this change, the leading histories have missed what Roe reveals about how judicial decisions matter politically and culturally. In re-framing a political issue, a judicial decision can help to reshape the coalitions and arguments that define the debate.
Aroney on Australia and ideas about federalism in the late 19th century
Two from Roberts on the Brownlow Committee and dissent within the academic community
In 1938, Congress rejected a package of administrative reforms that had been developed by a committee of academics headed by Louis Brownlow. The defeat was the worst that President Roosevelt would suffer in three terms as President. This article suggests that the Brownlow Committee contributed to the debacle in Congress by ignoring evidence that its recommendations would prove contentious. It is argued that the committee members were caught in a dilemma: On the one hand, they wanted to obtain immediate reforms for a president to whom they felt a personal loyalty; on the other, they needed to maintain a demonstration of neutrality, which made it difficult to undertake the tasks of political management that were essential to craft a viable reform program. The demonstration of neutrality was a combination of arguments and routines that the academic community had invented to allay public skepticism about its members' trustworthiness as advisers on contentious issues.
Roberts' second paper is The Brownlow-Brookings Feud: The Politics of Dissent within the Academic Community. It appeared in the Journal of Policy History (1995). Here's the abstract:
In January, 1937, President Franklin Roosevelt submitted an ambitious plan for administrative reform of the national government to Congress. The Brownlow recommendations produced intense debate in Congress. However, some of the most
important skirmishes in this battle were not fought in public, and even after half a century remain largely obscured from public view. One such skirmish was the contest within the academic community about the recommendations on administrative reform that were to be put before Congress. This paper considers why all three parties to this fight -- the Brownlow Committee, the Brookings Institution, and the Rockefeller Foundation -- went to such lengths to avoid public disagreement about the Brownlow recommendations. A public disagreement threatened to undermine the academic community's demonstration of neutrality, and thus to undermine the stability of the Public Administration community itself.
Sunday, December 21, 2008
Rehnquist Papers Release Delayed
The initial release of papers is discussed here. As Mauro notes, "scholars were eagerly awaiting the next group, which includes correspondence and memoranda Rehnquist wrote and received throughout his career, as well as copies of his own opinions, and drafts and manuscripts of the four non-fiction books he wrote while on the Court."
The rest of the story is here. Hat tip to Mauro.
Saturday, December 20, 2008
Over 1000 historians write Obama about the economic stimulus plan, the New Deal, and working women
we are heartened by your commitment to a jobs stimulus program inspired by the New Deal and aimed at helping "Main Street." We firmly believe that such a strategy not only helps the greatest number in our communities but goes a long way toward correcting longstanding national problems.
For all our admiration of FDR's reform efforts, we must also point out that the New Deal's jobs initiative was overwhelmingly directed toward skilled male and mainly white workers. This was a mistake in the 1930s, and it would be a far greater mistake in the 21st century economy, when so many families depend on women's wages and when our nation is even more racially diverse.
We all know that our country's infrastructure is literally rusting away. But our social infrastructure is equally important to a vibrant economy and livable society, and it too is crumbling. Investment in education and jobs in health and care work shore up our national welfare as well as our current and future productivity. Revitalizing the economy will require better and more widespread access to education to foster creative approaches and popular participation in responding to the many challenges we face.
As you wrestle with the country's desperate need for universal health insurance, we know you are aware that along with improved access we need to prioritize expenditure on preventive health. We could train a corps of health educators to work in schools and malls and medical offices. As people live longer, the inadequacy of our systems of care for the disabled and elderly becomes ever more apparent. While medical research works against illness and disability, there is equal need for people doing the less noticed work of supervision, rehabilitation, prevention, and personal care.
We are also concerned that if the stimulus package primarily emphasizes construction, it is likely to reinforce existing gender inequities. Women today make up 46 percent of the labor force. Simple fairness requires creating that proportion of job opportunities for them. Some of this can and should be accomplished through training programs and other measures to help women enter traditionally male-occupied jobs. But it can also be accomplished by creating much-needed jobs in the vital sectors where women are now concentrated.
The most popular programs of the New Deal were its public jobs. They commanded respect in large part because the results were so visible: tens of thousands of new courthouses, firehouses, hospitals, and schools; massive investment in road-building, reforestation, water and sewage treatment, and other aspects of the nation's physical plant--not to mention the monumental Triborough Bridge, and the Grand Coulee and Bonneville dams. But the construction emphasis discriminated against women. At best women were 18% of those hired and, like non-white men, got inferior jobs. While some of the well-educated obtained jobs through the small white-collar and renowned arts programs, the less well-educated were put to work in sewing projects, often at busy work, and African American and Mexican American women were slotted into domestic service. This New Deal policy assumed that nearly all women had men to support them and underestimated the numbers of women who were supporting dependents.
Today most policy-makers recognize that the male-breadwinner-for-every-household assumption is outdated. Moreover, experts agree that, throughout the globe, making jobs and income available to women greatly improves family well-being. Most low-income women, like men, are eager to work, but the jobs available to them too often provide no sick leave, no health insurance, no pensions, and, for mothers, pay less than the cost of child care. The part-time jobs that leave mothers adequate time to care for their children almost never provide these benefits.
Meanwhile the country needs a stronger social as well as physical infrastructure. Teachers, social workers, elder- and child-care providers and attendants for disabled people are overwhelmed with the size of their classes and caseloads. We need more teachers and teachers' aides, nurses and nurses' aides, case workers, playground attendants, day-care workers, home care workers; we need more senior centers, after-school programs, athletic leagues, music, and art lessons. These are not luxuries, although locality after locality has had to cut them. They are the investments that can make the U.S. economically competitive as we confront an increasingly dynamic global economy. Like physical infrastructure projects, these jobs-rich investments are, literally, ready to go.
A jobs-centered stimulus package to revitalize and "green" the economy needs to make caring work as important as construction work. We need to rebuild not only concrete and steel bridges but also human bridges, the social connections that create cohesive communities. We need a stimulus program that is maximally inclusive. History shows us that these concerns cannot be postponed until big business has returned to "normal." We look to the new administration not just for recovery but for a more humane direction—and in the awareness that what happens in the first 100 days and in response to immediate need sets the framework for the longer haul of reform.
Quint on Currie on the German Constitution
Particularly in his later work, Professor Currie became an important legal historian, tracing the history of the American Supreme Court and the history of constitutional debates in Congress in six comprehensive volumes. His interest in constitutional history--and his evident conviction that this history has strong illuminating power for the present--also comes through very clearly in his work on the German Constitution.Update: It turns out that Quint's article is part of a symposium issue of the German Law Journal, devoted to Professor Currie's work.
Rosen on Andrew Jackson's Military Tribunals
In April 1818, during the First Seminole War, General Andrew Jackson captured and executed two British allies of the Seminoles in Spanish Florida. During the months following the executions, Americans vigorously debated the validity of Jackson's conduct, contesting and defending the general's decision to deny Alexander Arbuthnot and Robert Ambrister the rights normally accorded to prisoners of war. The extensive congressional discussion of the executions and the comprehensive newspaper coverage indicate that the incident was prominent and important to contemporaries. As the Boston Intelligencer observed, the public mind was "in a ferment" on the subject.Image credit. And thanks to Robert Richards for the reference.
Friday, December 19, 2008
Price on Stability and Change in Antebellum Property Law: A Study of Judicial Rhetoric
Fellowship in Cold War History
a dissertation and post-doctoral fellowship as well as several travel grants for the 2009-2010 academic year. Our mission is to support research on the Cold War at home and the ways in which this ideological and geopolitical conflict with the Soviet Union affected American politics, culture, and society. We are particularly interested in proposals that deal with the impact that the Cold War had on the U.S. political economy, the national security state, civil rights, civil liberties, labor relations, and gender relations. The Center also looks forward to supporting projects that relate foreign policy to domestic politics and those that see the central issue as U.S. response to revolutionary nationalism and decolonization in Asia, Latin America, and Africa.Hat tip: H-Law. Image credit.
The application deadline is February 1, 2009. In order to apply, please send the information listed below to Professor Marilyn Young and Dr. Michael Nash (co-directors), Center for the United States and the Cold War, Tamiment Library, New York University, 70 Washington Square South, New York, N.Y. 10012.
1. Copy of curriculum vitae.
2. Short project description (five pages maximum).
3. Statement describing the relevance of the collections of the Tamiment Library to the project.
4. Two letters of recommendation.
5. Writing samples are also welcome.
Applicants for dissertation fellowships must have passed their comprehensive examinations and expect to complete their dissertations within two years. The post-doctoral fellowship is designed for junior scholars who have received the Ph.D. within the past five years. Travel grants are open to all.
Dissertation fellows will receive stipends of $20,000 for a nine-month academic year; stipends for post-doctoral fellows will be $40,000; and travel grants are $2,000 per month. One-semester fellowships may be offered at half of the above stipends. Health insurance is also available. Office space will be provided and all fellows will have a formal affiliation with New York University.
For more information applicants are encouraged to contact either Marilyn Young (firstname.lastname@example.com; 212-998-8610) or Michael Nash (firstname.lastname@example.com; 212-998-2428).
Hovenkamp on Neoclassicism and the Separation of Ownership and Control
Lewis on Prohibition Referenda, 1907-1919
Michael Lewis, Access to Saloons, Wet Voter Turnout, and Statewide Prohibition Referenda, 1907–1919, 32 SOCIAL SCIENCE HISTORY 373 (2008). Here is the abstract:
When explaining the success of the Prohibition movement in the United States between 1900 and 1920, scholars argue that prohibitionists were able both to tap into the distrust of many rural, native-born, evangelical Protestants toward modern urban life and to bring together disparate groups of reformers around one goal: the elimination of the saloon. Furthermore, localized campaigns resulting in the elimination of saloons from many rural areas kept this base of voters energized, ultimately leading to impressive dry turnouts in statewide Prohibition referenda. This study extends and amplifies these findings through an analysis of three sets of factors on voting outcomes: the percentage of various demographic groups (urban, immigrant, and ritualistic religious populations) residing in a county; the distance of each county to saloons; the presence or absence of producers of alcohol in a county. Results of ordinary least-squares regression demonstrate that access to saloons and the percentage of immigrant and ritualistic church members in a county are the variables that most influence the results of Prohibition referenda. Furthermore, unlike what previous research has demonstrated, these variables have their greatest influence by affecting wet turnout rates.
Image credit.
Thursday, December 18, 2008
Rees on The Early Constitutional History of Maryland
This article tells the story of the evolution of Maryland's Constitution from 1632 to 1851. That story includes not only the remarkable evolution described above, but also a number of developments important to American constitutional history. This history of the Maryland Constitution spans the colonial era, revolutionary times, and early statehood (before the Civil War).
In the colonial era, the 1632 Charter of Maryland provided a kind of constitution and a representative assembly for the Province of Maryland, one of the first in the colonies. An "Act ordeining certain Laws for the Goverment of this Province," enacted in 1639, was a temporary legislative bill of rights and perhaps "the first American Bill of Rights." An "Act Concerning Religion," also known as the Toleration Act of 1649, recognized a measure of freedom of conscience and was probably the first document protecting the free exercise of religion.
In revolutionary times, an Association of the Freemen of Maryland (1775) helped establish a republican form of government and placed Maryland in a union of American colonies. A Declaration, dated July 6, 1776, proclaimed Maryland an independent state, based on the sovereignty of the people. Maryland's first constitution of the people, also in 1776, had separated powers and a Declaration of Rights.
In the early statehood period, the case of Whittington v. Polk, like Marbury v. Madison in the United States Supreme Court, established judicial review, i.e., that courts are the primary interpreters and enforcers of the constitution. Amendments to the constitution in 1802, 1810, and afterward extended the franchise beyond those initially entitled to vote, i.e., free, white, male, 21 years of age, and property owners. Reform amendments to the constitution (1837-1838) provided direct popular elections of certain state officials and reapportionment of the House of Delegates, the lower house of the Maryland General Assembly. The Constitution of 1851 provided for popular participation in constitutional change by regularly taking "the sense of the people" as to calling a constitutional convention.
Some developments after 1851 are briefly described to show how matters have continued to evolve.
Rösler on Harmonizing the German Civil Code with a Modern Constitution
Legal History Forum at Hebrew University, Jerusalem
Wednesday, December 17, 2008
Holiday gift for your favorite legal historian
The American Right and U.S. Labor at UC Santa Barbara
On the national scene and at the local level, the next few months promise to generate an intense debate on key issues facing the U.S. labor movement, as well as working Americans more generally. The effort to pass, or defeat, the Employee Free Choice Act will be central to this fight, but so too are questions arising over the role labor will play in the bailout of the financial, housing, and automobile sectors of the economy and in the character of the economic stimulus and recovery package now being crafted by the Obama Administration. Of course, an intense and systematic hostility to trade unionism on the part of American conservatism is hardly news. It has been a notable feature of the nation's political landscape for decades. But an understanding and deconstruction of this phenomenon requires something more than mere condemnation, especially during the next few years when an effort to reform American labor law, along with the rise of labor's influence within the Democratic Party, is almost certain to generate a furious and determined counter attack from those who seek to limit the power and marginalize the legitimacy of U.S. trade unionism.
Our conference, "The American Right and U.S. Labor," will explore the character of the political institutions, ideological impulses, and journalistic/rhetorical tropes deployed by those who oppose working-class self-organization and seek to delegitimize it in the larger world of culture, politics, and economic life. We have invited more than 30 historians, economists, sociologists, and legal scholars, among them Michael Honey, Sanford Jacoby, David Brody, Jefferson Cowie, Joe McCartin, David Witwer, Gordon Lafer, Catherine Fisk, John Logan, Reuel Schiller, Judith Stein, and Mel Dubofsky. The keynote speaker is Fred Feinstein, former General Counsel, National Labor Relations Board.


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How tech tools are powering workplace design decisions
Designing a workplace that enables a company to successfully compete in today's business world is a huge challenge – but new technology is helping to simplify the process.
Workplace strategists, architects and designers are streamlining office fit outs by using advances in data and analytics, utilisation technology, 3D renderings and even augmented/virtual reality (AR/VR). These tools are helping organisations hone in on the right workplace plan—and see it through.
"When you can spin around a 3D model and even 'walk' inside the yet-to-be-built space, you get a truer sense of whether it fits your needs," says Megan S. Mackinson, Vice President, Occupancy Planning Consulting, JLL. "Recent improvements in visualisation and 'walk-through' technology bring so much more confidence to the decision-making process."
Getting a heads up on what works
New technology enables better decision making even before an organisation sketches out a rough idea of what their new dream workspace will look like.
These tools are helpful in a world where the basic questions around how best to use space have become increasingly complex.
The rise of mobility programs, in particular, has complicated workplace design decisions. In the offices of yesteryear, where employees sat at an assigned desk from 9 to 5, workplace planners simply needed to provide a 1:1 ratio of desks to people. Today, many employees work remotely at least some of the time, or frequently move around to different workspaces when they are in the office. Future-proofed workplaces are more likely to have one desk for every 2.5 people, with more collaboration spaces such as conference rooms and informal lounges. But what's the right balance for each organisation?
Technology is playing an increasingly critical role in the workplace decisions that no longer have straightforward answers, by offering a data-driven picture of how employees use and enjoy the space today—or not. A variety of utilisation tools—from badging data and phone apps to wireless access points and sensors that detect when a space is being used—can collect detailed insights on how employees are using the space.
"With advanced analytics on how today's work areas are being utilised, organisations now have the data to see how their space is actually being used. They can leverage these findings to determine if they need or even want all the space they're used to," says Mackinson.
Such insights can fuel decisions about office size and indicate whether it's time for a shift to new seating arrangements or floor plans. For example, if seat sensors indicate that only half of the desks in a workplace are occupied on any given day, a company may consider whether it's time to shed some square metres and move to unassigned, open-plan seating.
Immersive visuals of future space plans
Once an organisation has narrowed down its priorities, technology can help illustrate how the new workplace will come alive.
Tools such as InSite and Foyr offer 3D renderings of space to visualise how a design strategy will play out in real life, offering unique insight into whether a workplace vision can be accomplished within the footprint of a particular building.
"Sophisticated 3D renderings provide a highly immersive experience similar to virtual reality—but without the goggles." says Mackinson.
Renderings created by InSite, for example, allow users to drop a pin and enjoy a 360 view of any point in the design. But Mackinson warns against relying on technology alone.
"Even the best visualisation tools still need human insight," she says. "When you engage experienced professionals from the start, you can trust that your design is feasible, code compliant and can be easily turned into an architectural plan."
The future of workplace design technology
With technology evolving fast, workplace design tools will only get more sophisticated. Buildings are growing smarter, with Internet of Things (IoT) technology providing ever more detailed data to understand how spaces are being used. Meanwhile, advances in VR and AR are creating new possibilities for visualising yet-to-be constructed buildings and spaces.
The biggest potential, however, may be in the prospect of automating test fits directly in AutoCAD, the software architects use to create their plans. If that technology is developed, it would allow the user to take into account building customisations, such as floor plans that are not rectangular.
"While today's rendering technology is impressive, not all products produce renderings that can be directly translated into architectural plans," says Mackinson. "Whoever can crack that nut will unlock tremendous opportunities to increase efficiencies in the build-out process."
While designing a workplace will always be a complex process, workplace tools are helping to align data and business priorities in ways that not only save time and resources but most importantly, create workspaces that meet the needs of the people using them.


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By: Tabitha Korol
The changes to our vocabulary change our ideas, steal our freedoms, and indoctrinate our students to accept the rules that socialists and fascists are inflicting upon them.
A letter written by a local elementary school teacher, I'll call "Mrs. Krieg," was brought to my attention by a mutual acquaintance. In light of the notice that honor classes will be discontinued, she thoughtfully agreed that equity (defined as fairness and impartiality) in the schools should benefit all students. Regrettably, she has been influenced by terminology that has been devalued and redefined to become a tool for social engineering among students. Such revisionism has been applied to Equity, Diversity and Social Justice, and comes at the expense of freedom and true justice.
Honors classes were designed to challenge students academically. The advanced work, faster pace, and higher course-credit weight have provided for smarter, happier, well-rounded children who had the opportunity to flourish according to their capabilities and not misbehave out of boredom. But now, the authorities have determined it best to cancel the honor courses across the country because of a "lack of diversity" – that is, more Caucasian and Asian students were engaged than Blacks, Latinos and Native Americans. Instead of also providing honors classes that meet the interests of the low-energy students – perhaps music, theater, artisanal handicrafts – the Department of Education has decided to close the achievement gap by lowering the bar and expectations and discontinuing all incentives. Mrs. Krieg did not foresee that by eliminating the incentives and opportunities, the resulting "equity" would be mediocrity and the loss of exceptional achievement.
Now the Department of Education will generate equity in boredom, discontent, resentment, truancy, and delinquency. Academia is not unaware of these inevitabilities. Their purpose is not an improved education but the decline of achievement and the elimination of the exceptional. Former President Obama expressed a similar derogatory outlook when he denounced high-achieving Americans with, "You didn't build that."
Diversity in the schools no longer describes a richness of ideas, course studies, or specialty careers, but defines and categorizes the students themselves, by race, religion, ethnicity, financial status, sexual orientation, and however else the students choose to differentiate themselves. As with the term "equity," the meaning of "diversity" has been corrupted, as it now implies division, divisiveness, and discord, the opposite of E Pluribus Unum – Out of Many, One. These differences have led to a totalitarian-style monitoring and bullying – called Speech Control, necessitating "Diversity Officers" with doctoral degrees, credentials in counseling and inclusion techniques, and six-figure salaries reflected in higher tuition costs. The officers' mere presence confirms the growing disharmony, isolation, discrimination, harassment, and violence that characterize the socialist strategy. These points are significant:
- Many schools have implemented a policy of discouraging the bonding between classmates, beginning with Kindergarten, alleging that "best friends" keep the students from mingling with This is false and destructive. Best friends are a mutual support system, as they learn to agree, compromise, comfort, accommodate, and be reliable, traits needed throughout their adult lives.
- Schools now place students at their computers for hours, removing eye contact and discussion opportunities with others, disallowing autonomy over time scheduling, reducing writing and penmanship with its inherent creativity. Presidential hopeful Kamala Harris said she would increase daily school time by three hours, thereby seriously reducing home and family activities, personal growth, and individual achievement.
- Academia has introduced "intersectionality" to diminish the self and encourage victimhood by race, ethnicity, sexual orientation, gender, family class; the more the classifications, the higher their status. Instead of a unitedness with school and pride of citizenship in their own country, they are now tribalistic, divisive, and intolerant.
- Bigotry against Jewish students and staff (antisemitism) is on the rise and spreading. History has shown that Jews are always the first, but never the only ones, to be attacked. There is growing hostility directed towards whites (white supremacy), extending to our founding and history, particularly by the socialists and Sharia-compliant; and towards boys (toxic masculinity), which works to diminish their self-worth and ambitions, and damage their God-given purpose of contributing to our nation's growth and defense. Boys must become men: marry and support their families, be strong fathers and teach morality to the next generation.
- The removal of God from the schools and population's psyche has produced a plethora of new definitions that facilitate a ruling class, convince the public to tolerate lawlessness over sovereign borders, and to submit to the measured demands of sharia made by the Muslim Brotherhood and affiliates on campus and in the media.
- The Common Core standards introduced new courses: intentionally convoluted math that prohibits parental participation; dystopian and uninspiring literature that offers limited creative vocabulary and replaces inspiration with fatalism; inaccurate and indoctrinating history lessons that misinform students about our growth and successes and secretes the truths about Islam; and social studies that support a political agenda.
- With individuality stifled, the children are indoctrinated to think alike, falter alike, and expect equal return for widespread mediocrity. This equity in communist countries has produced stagnation in education, the economy, and real income; slow improvement in everyday services and medical care; shortages of goods; rising criminality and corruption, along with an increase in alcoholism, particularly in Russia. Socialism kills the spirit of personal endeavor.
- The introduction of transgenderism is ruining the lives of many children, psychologically and physically, wrecking all opportunities for happiness in marriage and family, leading some to suicide.
- The threat of climate change, perhaps the greatest hoax, is the extensive control over all life, which would bring a scarcity of energy, failing manufacturing firms and retail operations, vilified consumerism, diminishing food supplies, curbed transportation for people and food distribution. The environmentalists purposely falsify the data about climatic conditions in order to throttle human activity – which they hate – to produce their worshipped green planet.
- In short, the goal of the left is to crush the human spirit. Pride in accomplishment must be stifled, progress discouraged, and the dispirited population reminted into the globalists' compliant working class.
- Contrary to Mrs. Krieg's understanding, the term "diversity" was invented to con the populace into accepting all incoming non-citizens. Regardless of criminality, disease, or hatred for the American flag, they must be housed, fed, clothed, educated and medicated. Multiculturalism is already the downfall of several European countries due to cultures that are too disparate for assimilation. Muslims come to replace their hosts' laws with their sharia and establish yet another oppressive totalitarian Islamic state.
Contrary to Mrs. Krieg's understanding, the term "diversity" was invented to con the populace into accepting all incoming non-citizens. Regardless of criminality, disease, or hatred for the American flag, they must be housed, fed, clothed, educated and medicated. Multiculturalism is already the downfall of several European countries due to cultures that are too disparate for assimilation. Muslims come to replace their hosts' laws with their sharia and establish yet another oppressive totalitarian Islamic state.
Justice becomes injustice when the word needs a modifier. "Social justice" means a revision of laws to accommodate a socialist agenda. True justice is served only when the interests of Americans are considered, when Americans can, of their own volition and in their own time, partake of the promise of "life, liberty and the pursuit of happiness." The authoritarian government seeks total/totalitarian control over the masses to forcibly produce identical workers, taught and indoctrinated to comply with the needs of the regime.
The final outcome is not unknown to mankind. We have seen countries fall to socialism, fascism, and Islam, and the vulnerable children are always the first to feel the effects of the increasing control.
Now is the time to act if we are to avoid Orwell's dire warning: If you want a vision of the future, imagine a boot stamping on a human face – forever.


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While the Supreme Court issued a landmark decision to legalize same-sex marriage in the U.S. making it possible for people of all sexual orientations to marry, many modern couples (of all genders and sexual orientation) still choose against marriage. If you're wondering, "should I legally marry or not?," read on.
If you are in the inquiry around whether to legally get married, be sure to consider these important factors:
If you are partnered and unmarried, you need financial and legal protections in place, to ensure you and your loved ones are taken care of if you become incapacitated or when you die.
While legally married partners need many of the same financial and legal protections in place, the law does provide some defaults that will provide protection and access to a "legal" spouse that are not given to an unmarried partner.
Imagine this: your partner is hospitalized and you can't get access because you aren't married. Or your partner needs a family member to make important legal or financial decisions, but it can't be you because you aren't considered a relative without marriage. If you decide you don't want to get married, do call us to get you the legal documentation you'll need to validate and protect your rights.
For legally married partners there are default legal provisions providing for a spouse in the event that their spouse dies without a Will in place. While these legal provisions are generally not sufficient or do not match what you would want, at least there is something in place for your spouse. As an unmarried partner though, you would have no legal right to anything belonging to your significant other.
Imagine this: you and your partner live together, but your partner is on the lease or the owner of the home and your partner becomes incapacitated or dies. You could lose your housing while also grieving your partner's illness or death. Legal documentation can fix this.
When you are considering marriage, remember that legal spouses can file taxes jointly, whereas unmarried couples cannot. And there can be some serious tax savings and benefits that could make marriage quite attractive. Conversely, getting married could negatively impact your tax situation.
Here's the bottom line: if you are committed to your partner, and want your partner to make legal and financial decisions for you and to have access to some or all of your assets in the event of your incapacity or at the time of your death, whether you get married or not, you need legal and financial planning that ensures your partner has easy access to everything you choose.
Whether you choose to get married in the eyes of the state, legally, or just in front of your friends, family and community, contact us as you decide what to do so we can support you to plan well. That's what we do for you and your family.
If you're ready to ensure your loved ones have the legal benefits and financial protections they deserve, consider sitting down with us. As your Personal Family Lawyer®, we can help you with your legal planning needs. Our Family Wealth Planning Session guides you to protect and preserve what matters most. Before the session, we'll send you a Family Wealth Inventory and Assessment to complete that will get you more financially organized than you've ever. Schedule online.