Digital Commons Network^™

Fiduciary Duties And Unincorporated Business Entities: In Defense Of The "Manifestly Unreasonable" Standard, Mark J. Loewenstein

Publications

This article wades into the debate between contractarians and anti-contractarians over the extent to which statutes on unincorporated business entities should limit the ability of the participants in those entities to contract around fiduciary duties. Statutes enacted in the past several years provide considerable, but not complete, freedom to limit fiduciary duties. Contractarians argue that statutory limitations are inefficient and unnecessary, while anti-contractarians take the view that the statutes provide too much freedom of contract. This article stakes out a middle ground, arguing that the drafters of the statutes got it right and that in the absence of statutory limitations …

Let The People Know The Facts: Can Government Information Removed From The Internet Be Reclaimed?, Susan Nevelow Mart

Publications

Ms. Mart examines the legal bases of the public's right to access government information, reviews the types of information that have recently been removed from the Internet, and analyzes the rationales given for the removals. She suggests that the concerted use of the Freedom of Information Act by public interest groups and their constituents is a possible method of returning the information to the Internet.

Against "Academic Deference": How Recent Developments In Employment Discrimination Law Undercut An Already Dubious Doctrine, Scott A. Moss

Publications

When the defendant in an employment case is a college or other institution of higher education, the plaintiff usually will face an "academic deference" argument. Citing the importance of their "academic freedom," defendants and sympathetic courts have asserted that federal courts should decline to "invade" higher education with "federal court supervision." Whether or not courts cite the "academic deference" doctrine expressly, they certainly have proven hostile to professors' claims of discrimination, dismissing as a matter of law claims that seemed quite strong, or at least solid enough to allow a factfinder to rule either way. Indeed, empirical evidence shows that …

A Brief History Of The U.S.-American Indian Nations Relationship, Richard B. Collins

Publications

No abstract provided.

Assessing Internal Revenue Code Section 132 After Twenty Years, Wayne M. Gazur

Publications

In 1984, Congress enacted Internal Revenue Code section 132 to bring more certainty to the taxation of employee fringe benefits. This article examines the impact of the legislation from the standpoint of administrative pronouncements and taxpayer litigation. The article concludes that section 132 has produced little litigation, but primarily because it has played the role of increasing exclusions. It remains unclear whether section 132 has also contained the growth of new forms of nonstatutory fringe benefits.

Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs

Faculty Publications

International tribunals prosecuting those responsible for genocide, crimes against humanity, and war crimes face many of the same resource constraints that bedevil national criminal justice systems. Consequently, international tribunals have begun to utilize various procedural devices long used by national prosecutors to speed case dispositions. One such procedural device is the guilty plea. National prosecutors induce criminal defendants to plead guilty and waive their rights to trial through a process of plea bargaining; that is, by offering defendants sentencing concessions in exchange for their guilty pleas. International prosecutors who seek to engage in plea bargaining, however, face a host of …

Infusing Technical Communication And Teamwork Within The Ece Curriculum, By April Kedrowicz, Sundy Watanabe, Damon Hall, Cynthia Furse

Turkish Journal of Electrical Engineering and Computer Sciences

This paper highlights a unique approach to infusing formal training and practice in oral and written communication and teamwork development in the Department of Electrical and Computer Engineering (ECE) at the University of Utah. Faculty and graduate (Ph.D.) students from the College of Humanities have teamed up with faculty from engineering to develop communication and teamwork instruction that is integrated into the existing engineering curriculum. These skills are used as a vehicle to provide better understanding of engineering concepts and their applications.

Jurisprudence And The Problem Of Church Doctrine, Nathan B. Oman

Faculty Publications

No abstract provided.

Orientalism And Religion In The Romantic Era-Rammohan Ray’S Vedanta(S), Amit Ray

Articles

Abstract:

This chapter examines how Raja Rammohan Ray utilized Vedanta philosophy as a strategic response to colonial critiques of Hinduism during the early nineteenth century. Ray emerged as a pivotal figure who navigated between British orientalist discourse and Indian religious reform, employing Advaita Vedanta to counter accusations of idolatry and polytheism leveled against Hindu practices. The analysis demonstrates how Ray's translations of the Upanishads and his promotion of Vedantic monotheism served dual purposes: defending indigenous civilization against missionary attacks while accommodating European notions of rational religion. Ray's approach involved significant textual interventions, including rendering the neuter brahman as masculine "God" …

Religion And State: Some Main Issues And Sources, John M. Finnis

Journal Articles

Public reason's default position is not atheism or agnosticism about the dependence of everything on a transcendent Creator. On the contrary, there is good reason to judge that there is such a transcendent cause, capable of communicating with intelligent creatures, that one of the world's religions may be essentially true and others substantially truer than atheism, and that there is a human or natural right to immunity from coercion in religious inquiry, belief (or unbelief, precisely as such), and practice so far as is compatible with public order, that is with the rights of others, public peace and public morality. …

God's Face In The Enochic Tradition, Andrei Orlov

Theology Faculty Research and Publications

No abstract provided.

Vulnerability Within The Body Of Christ: Anointing Of The Sick And Theological Anthropology, M. Therese Lysaught

Theology Faculty Research and Publications

No abstract provided.

Echo, Winter/Spring 2006, Columbia College Chicago

Echo

Student-produced magazine formerly published as Chicago Arts and Communication, changed to Echo magazine in 1997. Cover Articles: How to survive distance dating; Unmasking the phantom of the CTA; What your handwriting reveals; 15 ways to leave your landlord; Road to recovery from Chicago Fire to Katrina; the deep dish on pizza; Why, Tom Skilling, why?; Increase your brew IQ. 66 pages.

The Expansion Of Intellectual Property Rights By International Agreement: A Case Study Comparing Chile And Australia's Bilateral Fta Negotiations With The U.S., Ralph Fischer

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Quantum Dynamics As An Analog Of Conditional Probability, Matthew S. Leifer

Mathematics, Physics, and Computer Science Faculty Articles and Research

Quantum theory can be regarded as a noncommutative generalization of classical probability. From this point of view, one expects quantum dynamics to be analogous to classical conditional probabilities. In this paper, a variant of the well-known isomorphism between completely positive maps and bipartite density operators is derived, which makes this connection much more explicit. This isomorphism is given an operational interpretation in terms of statistical correlations between ensemble preparation procedures and outcomes of measurements. Finally, the isomorphism is applied to elucidate the connection between no-cloning and no-broadcasting theorems and the monogamy of entanglement, and a simplified proof of the no-broadcasting …

The Granite, 2006, University Of New Hampshire

The Granite – Yearbook

The yearbook of the New Hampshire College of Agriculture and the Mechanic Arts, 1909-1922, the University of New Hampshire, 1923-

Vine Of The Dead: Reviving Equal Protection Rites For Religious Drug Use, David Garrett

American Indian Law Review

No abstract provided.

Book Review: "Gandhi's Pilgrimage Of Faith: From Darkness To Light", Reid B. Locklin

Journal of Hindu-Christian Studies

A review of Gandhi's Pilgrimage of Faith: From Darkness to Light by Uma Majmudar.

Cover And Contents

Turkish Journal of Mathematics

No abstract provided.

Historical Demography Of The Coeur D' Alene 1900-1930, Christina Joy. Heiner

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Of Both Worlds: How The Personal Computer And The Environmental Movement Change Everything, William Henry Green

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Anthony Newley: An Actor's Analysis Of A Musical Theatre Legacy, Christopher Layton

Electronic Theses and Dissertations

Letters of Life, Lust, and Love: The Music of Anthony Newley will be focused entirely on the writing, performance, and private life of Anthony Newley. The show's book will connect each of the musical numbers through a series of letters written to his mother, Frances "Gracie" Newley. This will serve as the dramatic through-line correlating both his professional and private lives. The actor in this piece will be performing as "Mr. Newley," and will intensely focus on his mannerisms and personality. Costume and make-up will also be used to augment his physicality. The actor will be accompanied by a pianist. …

Anton Chekhov:The Characterization And Interpretationof A Historical Figure For The Stage, Alan Gallant

Electronic Theses and Dissertations

This thesis will explore the execution of the monograph role of "Anton Chekhov" in the original one-act play, An Evening with Anton Chekhov. The play script, rehearsal and public performances of the piece are all self- generated by the candidate, with the proper assistance of the thesis committee. This written thesis serves as the completion of the thesis project, and includes analysis of several key areas of the development of the script and thesis role. This document includes the original script with endnotes and a structural analysis. Social and historical background of the character, Anton Chekhov, a real person, is …

Moby Dick! The Musical: A Travesty In Travesti, Rebecca Johnson

Electronic Theses and Dissertations

Moby Dick! The Musical is a comedic parody based on Herman Melville's 1955 classic novel Moby Dick about a madman who seeks revenge on the great white whale that crippled his body and consumed his spirit. The thesis role I have chosen is "Starbuck", the ship's first mate. If this were a dramatic telling of the classic tale, my role would be considered an absurdity for the sure-known fact that Starbuck is a male character. However, since Moby Dick! The Musical is a spoof that features a play within a play, many, if not most, of the roles are being …

The Resurrection Of Everyman, David Knoell

Electronic Theses and Dissertations

In March of 2005 I was a cast member in Mad Cow Theatre's production of the Morality drama Everyman. This classic tale on the condition of human dying is regarding as one of the greatest dramas of the Medieval period and is one of the first plays in the English language to be put into print. This thesis is an actor's journey into the history of Medieval theatre, the challenges of producing Everyman for a contemporary audience, and the techniques of acting implemented in the creation of allegorical characters. Medieval drama, like Everyman, is still relevant in today's world because …

The Mirrored Walls Of Reality:A Journal Of Shattered Reflection, Lisa Bryant

Electronic Theses and Dissertations

Theatre in its most crude, poignant, and honest form exists as the unapologetic mirror of our world. It houses the piercing reflections of mankind's hope, fear, self-doubt, passion, joy, despair, brilliance, destitution, and desire. It becomes the image of all that man hopes to be, yearns to achieve, and knows he has destroyed. Theatrical performance is without equal in its ability to conjure visible truth from the reflection man sees everyday and hopelessly fails to recognize. Ultimately, theatre demands that man see himself without the masks of excuse, ignorance, or makeup. It is the vision of this journey to honor …

The Laramie Project: The Search For A Personal Acting Method Via The Principles Of Constantin Stanislavksi, Matthew Hamner

Electronic Theses and Dissertations

Constantin Stanislavski developed a method for actors in bringing to life characters for the stage. Even though Stanislavski developed his theories in response to the stage climate of the late nineteenth and early twentieth centuries, many of his ideas remain relevant today. In this study, parts of his system were applied to the roles performed in Moises Kaufman's The Laramie Project. Those roles were Moises Kaufman, Jonas Slonaker, Doug Laws, Anonymous, Detective Rob Debree, Governor Jim Geringer, Reverend Fred Phelps and Dennis Shepard. The purpose of this exploration was to create unique, believable characters and develop solutions for personal acting …

Black Cats, Berlin, Broadway And Beyond: The Genre Of Cabaret, Deborah Tedrick

Electronic Theses and Dissertations

Music and Theatre have always captivated me. As a child, my parents would take me to live performances and cinematic shows and I would sit rapt, watching the theatrical events and emotional moments unfold before my eyes. Movie musicals and live shows that combined music and theatre were my favorite, especially theatrical banter and improvisation or sketch comedy. Some of my favorite youthful memories were my annual family summer trips to Las Vegas to visit my grandparents for six weeks. As a youngster, I got to experience the "old school" Las Vegas, replete with extravaganza, spectacle, cabaret, circus, lounge and …

Moliere And Commedia Dell'arte:Past, Present, And Future, Nicole Klass

Electronic Theses and Dissertations

This thesis will explore the application of comemdia dell'arte technique to a contemporary performance. UCF's spring 2005 production of Molière's The Trickeries of Scapin will serve as a resource in both commedia dell'arte's ability to resonate with a modern audience as well as an analysis of the actor's process in fusing elements of commedia dell'arte and contemporary acting techniques. This document will include a thorough description of the history and origins of commedia dell'arte in order to decipher existing elements today. Also included, will be major influences on commedia dell'arte including Greek and Roman Comedy. It is important to discuss …

A Chorus Line: Does It Abide By Rules Established By Actors' Equity Association For The Audition Process?, Mark Hardin

Electronic Theses and Dissertations

I have been cast as "Bobby" in A Chorus Line at Orlando Broadway Dinner Theatre in Orlando. I will use this opportunity as my thesis role. As part of my thesis defense, I will combine an analysis of the character of "Bobby" in A Chorus Line with an assessment of Actors' Equity Association's audition policies from 1970 to the present, and investigate whether the audition held in the show abides by the policies established by AEA for Broadway calls. "Bobby" has an interesting arc of development as he actually gives the director what he (the director) does not want, yet …