Digital Commons Network^™

Commitment And Communication: The Aesthetics Of Receptivity And Historicity, Todd Mei

Contemporary Aesthetics (Journal Archive)

A general tension in contemporary aesthetics can be described as existing between objective truth claims and historical relativity. The former is generally represented by the Enlightenment approaches and its descendants that ground aesthetic judgment in rationality. The latter characterizes the postmodern appeal to historicity and the exposure of historical prejudice. Following mostly the hermeneutical philosophy of Heidegger, Gadamer, Ricoeur, and Dupré, this paper argues how aesthetic theory, defined by either pole, inadequately accounts for historicity. In response to this critique, this paper attempts to navigate between these two poles in returning to an analysis of the nature of history and …

Reflections On An Aesthetics Of Touch, Smell And Taste, Mădălina Diaconu

Contemporary Aesthetics (Journal Archive)

Modern aesthetics regards sight and hearing as the only senses which were able to produce art. Touch, smell and taste might offer pleasant stimuli, but can never achieve the status of art objects. What are the arguments for this rejection, and are they still sustainable? This paper focuses on the general and specific difficulties of forming an aesthetics of touch, smell and taste; some can be overcome, while others are still waiting for a proper answer. At the same time, artistic movements, as well as changes in recent discussions of the aesthetics of everyday life prove the necessity of extending …

Paradoxes And Puzzles: Appreciating Gardens And Urban Nature, Stephanie Ross

Contemporary Aesthetics (Journal Archive)

To explore our appreciation of gardens and urban nature, I propose a recursive definition of original or wild nature together with guidelines for discerning degrees of naturalness. Arguing (contra Robert Elliott) that nature can be restored as well as degraded, I characterize four varieties of urban nature - interrupted, altered, constructed, and virtual. I build on Stan Godlovitch's comments about scale to suggest two modes of appreciation - macroscopic and fine-focused. I close by discussing some particular examples - parks, environmental art, gardens - and drawing some conclusions for the appreciation of vernacular gardens.[1]

A Plea For A Cognitive Iconology Within Visual Culture, Ian Verstegen

Contemporary Aesthetics (Journal Archive)

A place is needed for a 'cognitive iconology' within "visual culture." Like Logical Positivism before it, visual culture must reexamine its tacit assumption that conflation of psycho-sociological contributions to visual meaning is an adequate methodology, and that sociologism is a worthwhile overriding philosophy. Cognitive iconology isolates the psychological contribution to the study of images and does not monopolize it but isolates the foundational basis for it on which narrower interpretations must be built. With examples from the work of Titian, it is shown how the cognitive and 'cultural' contributions must work together to make meaning. Using the philosophy of Maurice …

"Particular Intentions": The Hillmon Case And The Supreme Court, Marianne Wesson

Publications

The case of Mutual Life Insurance Company v. Hillmon is one of the most influential decisions in the law of evidence. Decided by the Supreme Court in 1892, it invented an exception to the hearsay rule for statements encompassing the intentions of the declarant. But this exception seems not to rest on any plausible theory of the categorical reliability of such statements. This article suggests that the case turned instead on the Court's attachment to a particular narrative about the events that gave rise to the case, events that produced a corpse of disputed identity. The author's investigations into newspaper …

International Environmental Law: 2006 Annual Report, Jane C. Luxton, Lakshman Guruswamy, Kevin L. Doran

Publications

No abstract provided.

The Ducks Stop Here? The Environmental Challenge To Federalism, Jonathan H. Adler

Faculty Publications

PIn Solid Waste Association of Northern Cook County v. U.S. Army Corps of Engineers ("SWANCC"), the Supreme Court considered whether federal regulatory authority reaches isolated wetlands and ponds due to the potential presence of migratory birds. In rejecting such an expansive view of federal authority, the Court's majority underlined its devotion to the federalism principles enunciated in Lopez and other recent cases. The federalist majority further reiterated its support for a canon of statutory construction which holds that federal statutes will not be interpreted to intrude into state matters, such as local land-use control, absent a clear statement by Congress. …

Raymond L. Balentine V. Corina L. Gehring, Gregg Gehring : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT

APPEAL FROM THE FINAL JUDGMENT OF THE THIRD DISTRICT COURT OF SALT LAKE COUNTY JUDGE ANTHONY B. QUINN, CASE NO. 054902276

Loren E. Pearce V. Oksana Zapassoff : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from an Order in the Second Judicial District Court In and For Weber Countty, State of Utah, The Honorable Pamela Heffernan Presiding

Robert Matthew Mulder V. Tamara Rowley Mulder Aka Tamara Caputo : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Brief of Appellant

On Appeal from the Fourth District Court - Utah County, Provo Division Judge Gary D. Stott District Court Case No. 054401811

Corwell V. Corwell : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

The Constitutionality Of The Monkey Wrench: Exploring The Case For Intelligent Design, Johnny Buckles

Oklahoma Law Review

Teaching intelligent design in public schools has become an extremely controversial, and highly publicized, educational prospect that is just beginning to garner judicial attention. This Article argues that a proper resolution of the constitutional problems raised by teaching intelligent design requires both a precise understanding of intelligent design and evolutionary theory, and a sophisticated grasp of theological conceptions of the origin and development of life. After explaining these important foundational concepts and surveying the most relevant Supreme Court precedent, this Article discusses two important threshold questions that arise from the origins debate. First, is intelligent design theory inherently religious? Secondly, …

Oklahoma's Parentless Child: Determining The Best Interests Of The Child By Making Multilateral Adoption Decisions, Cara Rodriguez

Oklahoma Law Review

No abstract provided.

The Polluter Pays Principle In Canadian Agriculture, Marie-Ann Bowden

Oklahoma Law Review

No abstract provided.

Toward A Balanced Equation: Advocating Consistency In The Sentencing Of Serial Killers, Talitha Ebrite

Oklahoma Law Review

No abstract provided.

Rebekah Munson V. Bruce H. Chamberlain And Central Utah Medical Clinic : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

CaseNo.20060447-CA APPELLANT'S REPLY BRIEF APPEAL FROM THE RULINGS OF THE FOURTH DISTRICT COURT, UTAH COUNTY, HONORABLE LYNN W. DAVIS and HONORABLE DEREK P. PULLAN

Rebekan Munson V. Brue H. Chamberlain : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPELLANT'S REPLY BRIEF

Aurora Credit Services, Minnesota Corporation, On Behalf Of Itself And All Other Shareholders Of Liberty West Development, A Corporation, V. Liberty West Development, A Utah Corporation, Xm International, A Utah Limited Liability Company, And Dennis W. Gay, An Individual, : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from Final Judgment, September 19, 2006 Third Judicial District Court, Salt Lake County, State of Utah Case No. 940904935, Judge L. A. Dever

Oksana Pearce V. Loren E. Pearce : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE ORDER OF THE SECOND JUDICIAL DISTRICT COURT OF UTAH, WEBER COUNTY, THE HONORABLE PAMELA A. HEFFERNAN, PRESIDING.

Raymond L. Balentine V. Corina L. Gehring : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

State Of Utah V. Nathaniel Thomas Yount : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Case No. 20060901-CA OPENING BRIEF OF APPELLANT This is an appeal from a conviction for driving under the influence, a third degree felony, in violation of Utah Code Ann. §41-6a-502, entered in the Fifth Judicial District Court in and for Beaver County, State of Utah, the Honorable G. Michael Westfall, Judge, presiding.

State Of Utah V. Darrell Dean Anderson : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

REPLY BRIEF AND CROSS-APPEAL BRIEF OF APPELLEE

State Of Utah V. Darrell Dean Anderson : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A SENTENCE IMPOSED FOR CONVICTIONS OF SIMPLE ASSAULT, A CLASS A MISDEMEANOR IN VIOLATION OF UTAH CODE ANN. § 76-5-102 (WEST 2004), AND VIOLATION OF A PROTECTIVE ORDER, A CLASS A MISDEMEANOR IN VIOLATION OF UTAH CODE ANN. § 76-5-108 (WEST 2004), IN THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, THE HONORABLE ROGER S. DUTSON PRESIDING

Gedo V. Rose : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

A BOGUS APPEAL FROM FOURTH JUDICIAL DISTRICT COURT FROM A PROPERLY ISSUED ORDER FOR GENETIC TESTING BEFORE THE COMPETENT JUDGE ANTHONY W. SCHOFIELD

Miguel David Gedo V. Shacke' Rose : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT. ON APPEAL FROM THE FOURTH DISTRICT COURT.

Statistical Reliability With Applications, Paul H. Kvam, Jye-Chyi Lu

Department of Math & Statistics Faculty Publications

This chapter reviews fundamental ideas in reliability theory and inference. The first part of the chapter accounts for lifetime distributions that are used in engineering reliability analyis, including general properties of reliability distributions that pertain to lifetime for manufactured products. Certain distributions are formulated on the basis of simple physical properties, and other are more or less empirical. The first part of the chapter ends with a description of graphical and analytical methods to find appropriate lifetime distributions for a set of failure data.

The second part of the chapter describes statistical methods for analyzing reliability data, including maximum likelihood …

Generality Of Vertebrate Developmental Patterns: Evidence For A Dermomyotome In Fish, S. H. Devoto, W. Stoiber, C. L. Hammond, P. Steinbacher, J. R. Haslett, M. J.F. Barresi, S. E. Patterson, E. G. Adiarte, S. M. Hughes

Biological Sciences: Faculty Publications

The somitic compartment that gives rise to trunk muscle and dermis in amniotes is an epithelial sheet on the external surface of the somite, and is known as the dermomyotome. However, despite its central role in the development of the trunk and limbs, the evolutionary history of the dermomyotome and its role in nonamniotes is poorly understood. We have tested whether a tissue with the morphological and molecular characteristics of a dermomyotome exists in nonamniotes. We show that representatives of the agnathans and of all major clades of gnathostomes each have a layer of cells on the surface of the …

Gis And 3d Analysis Applied To Sea Turtle Mortalities And Navigation Channel Dredging, Bradley A. Shellito, Keith B. Lockwood

Virginia Journal of Science

Between 2000 and 2003 there were an increased number of documented sea turtle mortalities related to hopper dredging in the channels of the Chesapeake Bay. A pilot study was undertaken to create a bathymetric surface and three-dimensional model of the Cape Henry Channel using Geographic Information Systems (GIS) as a visualization tool to examine sea turtle mortalities in relation to the dredging. In Fall 2003, the US Army Corps of Engineers dredged the Thimble Shoals Federal Navigation Channel, and a more refined model was developed using this data. This project examines the growing concerns over sea turtle mortality rates and …

The Cult Of Love, Michal Paul

All Volumes (2001-2008)

There can be no doubt that romantic love is, at a minimum, a cultural preoccupation; arguably, it closer resembles a frenzied obsession. Love is the subject of song lyrics, television shows, films, books, watercooler conversation, gossip, scandal, historic tragedy, and uncountable daydreams and fantasies. Type “romantic love” into a Google search and you will retrieve over 4,570,000 hits for websites featuring the topic. We even recognize a national holiday in its honor. Certainly one could say that love is an ultimate concern in American culture. Just how deep, though, is our devotion to its tenets? I argue that people live …

Sacred Heart University Magazine, Winter 2006, Sacred Heart University

Sacred Heart University Magazine

No abstract provided.