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Scholars have long recognized that the states’ authority to charter corporations bolstered their antitrust powers in ways that were not available to the federal government. Our paper contributes to this literature by focusing attention on the relevance for competition policy of lawsuits brought by minority shareholders against their own companies, especially lawsuits challenging voting trusts. Historically judges had been reluctant to intervene in corporations’ internal affairs and had been wary of the potential for opportunism in shareholders’ derivative suits. By the end of the nineteenth century, however, they had begun to revise their views and see shareholders as useful allies in the struggle against monopoly. Although the balance between judges’ suspicion of and support for shareholders’ activism shifted back and forth over time, in the end the lawsuits provoked state legislatures to strengthen antitrust policy by making devices like voting trusts unsuitable for purposes of economic concentration.
Historians of radicalism have long held that following the repression of the English Jacobins in 1794–95, open agitation by plebeian reformers remained dormant until 1802, when they reemerged in a more clearly constitutionalist pose to fight a number of contests in that year's general election. According to this view, the contests led directly to Sir Francis Burdett's victory at the 1807 Westminster election, a foundational moment for nineteenth-century radicalism. This article argues instead that the previously overlooked English Jacobin intervention at the 1796 general election was the ultimate foundation for the 1807 election victory and far more significant than the contests evident in 1802. While this argument indicates that the Jacobin organizations for radical reform were not in a steep terminal decline by 1796, as is widely assumed, it also undermines the notion that the electoral politics of the 1802–1807 period was a major novelty. There was nevertheless not a clear-cut continuity from 1796 to 1807. This article demonstrates that in 1796 Jacobin political thought led to the development of a pure style of electioneering that rejected corrupt practices in order to turn the electoral process into a venue for the enaction of general will through the open use of sovereign reason. Between 1802 and 1804, this position was abandoned in favor of a more traditional, pragmatic and patricianly form of electioneering. However, this article concludes with a major revision of the 1807 Westminster victory by illustrating that, far from an innovation, it was a direct revival of the “purity” pioneered by the Jacobin contests of 1796.
According to Hobbes, individuals care about their relative standing in a way that shapes their social interactions. To model this aspect of Hobbesian psychology, this paper supposes that agents have social preferences, that is, preferences about their comparative resource holdings. Introducing uncertainty regarding the social preferences of others unleashes a process of trust-unravelling, ultimately leading to Hobbes’s ‘state of war’. This Trust-unravelling Model incorporates important features of Hobbes’s argument that past models ignore.
The 1790 Fête de la fédération in the early French Revolution evoked the memory of the taking of the Bastille while tamping down on the simmering social forces that had erupted on 14 July 1789. How to do both? As an official architect put it, through the festival, ‘the sentiment of each becomes the sentiment of all by a kind of electrification, against which even the most perverse men cannot defend themselves’. This paper argues that a new language of revolutionary electricity came into being with the French Revolution. It argues that revolutionaries drew upon concepts of medical electricity developed in the 1780s to analogize the literal electricity of the ether to the revolutionary electricity of collective political sentiment. Though historians have associated electricity with radical politics, this paper argues that in the hands of bureaucrats and festival planners, electricity entered revolutionary discourse as a powerful mechanism for exercising authority and control over an unruly revolutionary public.
In the 1870s, microscopy societies began to proliferate in the United States. Most of these societies attracted microscopists from surrounding cities, but the American Postal Microscopical Club, modelled on the British Postal Microscopical Society, used the postal system to connect microscopists scattered across the country. Club members exchanged microscope slides and notes following a chain-letter system. The main objective of the club was to teach its members how to make permanent slides. Preparation and mounting methods required technical skill, which was, as even club members had to admit, difficult to learn without personal instruction. Yet members developed ways to share craft knowledge through the post. Drawing on the private notes of a member and published reports on the slides circulated, this paper challenges the widespread assumption that the generation of craft knowledge depended on the co-location of artisans. It argues that microscopists’ knowledge of preparation methods was intertwined with their skill in building and navigating information infrastructures, and that by tracing these infrastructures we gain a better understanding of how craft knowledge travelled in the late nineteenth century.
The idea of this special issue on Spoken language in time and across time emerged at an international symposium on this topic that we organised at Lund University on 20 September 2019. The purpose of the symposium was to celebrate important past and present achievements of spoken language research as well as past and present corpora available for such research. Some speakers reported on academic and technical advances from the past, while others offered information about state-of-the-art research on spoken language and spoken corpus compilation. Our idea with the symposium was also to bring together early career scholars, somewhat more senior scholars as well as senior scholars – the latter actually active when interest in spoken language and spoken corpus compilation was in its infancy. The type of spoken corpora in focus extended from the world's first publicly available, machine-readable spoken corpus, The London–Lund Corpus of Spoken English (Svartvik 1990), nowadays referred to as LLC–1, through to the spoken parts of The British National Corpora (BNC) from 1994 (BNC Consortium 2007) and 2014 (Love et al. 2017), The Diachronic Corpus of Present-Day Spoken English (DCPSE) consisting of LLC–1 and the British component of The International Corpus of English (ICE–GB), Santa Barbara Corpus of Spoken American English (SBCSAE) (Du Bois et al. 2000–5), The Corpus of Contemporary American English (COCA) (Davies 2008–) and finally the most recent one, The London–Lund Corpus 2 (LLC–2) (Põldvere, Johansson & Paradis 2021a). The symposium thus covered approximately half a century of data from publicly available corpora compiled for multipurpose use by the academic community for research on spoken English in different contexts.
This article takes stock of the many private and public instruments enacted transnationally to tackle the pressing problem of deforestation, ecosystem conversion, and associated human rights violations caused by international demand for and trade in agricultural commodities. The article argues that non-financial due diligence based on no-conversion criteria, and in line with the United Nations Guiding Principles on Business and Human Rights, holds considerable potential for ensuring deforestation-free value chains by enrolling and scaling up firm-level supply-chain management systems and private standards. The article introduces the main features of a possible European Union measure that disciplines via non-financial due diligence the placing on the market of commodities and products associated with deforestation, ecosystem conversion, degradation of forests and ecosystems, and associated human rights violations. Such a measure would also have the effect of streamlining initiatives enacted by private authority.
In Lyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988), the Supreme Court declared constitutional the Forest Service's development plan in an area of the Six Rivers National Forest (known as the High Country) that is central to the religious practice of the Yurok, Karuk, and Tolowa Nations. The Court admitted that “[i]t is undisputed that the Indian respondents’ beliefs are sincere and that the Government's proposed actions will have severe adverse effects on the practice of their religion” (447). Nevertheless, because the disputed area was on public land, the Court thought that the government should be allowed to manage its property in any way it saw fit, regardless of the severe adverse effects on the religious practice of the local Indigenous nations. In this article, I read materials from the trial that led to the Lyng decision, focusing on the Indigenous witnesses and their testimony that has been largely ignored in the Lyng decision. The U.S. legal framework of free exercise does not allow the courts to fully consider the stories told by the Indigenous witnesses in trial. A law-and-literature approach allows me, though, to tell a different story about the High Country, one that centers Indigenous knowledge and sovereignty.
Many scholars have held that in late Middle English, in the London dialects from which Standard English grew there existed a vowel /y:/ developed from various native sources and/or used as a substitute for Old French or Anglo-Norman /y/. The aim of this article is to accurately review the relevant evidence adduced by E. J. Dobson and other scholars in favour of a variation between early Modern English /y:/ and /iu/ with a view to offering conclusions based on a direct presentation of the original sources. It will be shown that even the early writers on orthography and pronunciation who correctly describe a sound [y] (as they knew it from French, Scottish and Northern English, as well as from other languages) cannot be adduced as evidence for the existence of a vowel /y:/ in early Modern English.