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2011

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Common Law And Statute Law In Administrative Law, Jack M. Beermann Jan 2011

Common Law And Statute Law In Administrative Law, Jack M. Beermann

Faculty Scholarship

The largely statutory appearance of U.S. administrative law be surprising in light of the existence of the federal A Procedure Act of 1946 (APA).1 The APA, including its a amendments, is a relatively comprehensive guide to much of law in the United States. It contains the procedures agencies to follow in both rulemaking and adjudication and provisions on the availability and scope of judicial review of agency action. As includes open meeting and open file requirements as well as negotiated rulemaking and legislative review of agency rules generally held view that federal courts should not make com should act only …

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An Inductive Understanding Of Separation Of Powers, Jack M. Beermann Jan 2011

An Inductive Understanding Of Separation Of Powers, Jack M. Beermann

Faculty Scholarship

Separation of powers is one of least understood doctrines in U.S. law and politics. Underlying a great deal of separation of powers analysis is the conventional view that the United States Constitution requires a strict separation between the three branches of government and that efforts within one branch to influence or control the exercise of another branch’s powers are illegitimate and should be rejected whenever possible. Although its simplicity might be appealing, this image of strict separation is inconsistent with both the Framers’ understanding of separation of powers and with the law as developed by the Supreme Court in the …

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Concert Recording 2011-04-01, Nathan Cook, S. Michael Shuman Jan 2011

Concert Recording 2011-04-01, Nathan Cook, S. Michael Shuman

Concert Recordings & Programs

O ruddier than the cherry / George Frideric Handel -- O cessate di piagarmi ; Spesso vibra per suo gioco / Alessandro Scarlatti -- Sonntag / Johannes Brahms -- Der Rattenfänger / Hugo Wolf -- Nell / Gabriel Fauré -- La Grenouillere / Francis Poulenc -- When Slim Sophia mounts her horse ; The mock turtle song ; The lobster quadrille / John Duke -- Largo al factotum / Gioachino Rossini

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Concert Recording 2011-04-10, Xavier Moore, Nathan Cook, S. Michael Shuman, Brice Smith, Andrew Chu, Tazonio Anderson Jan 2011

Concert Recording 2011-04-10, Xavier Moore, Nathan Cook, S. Michael Shuman, Brice Smith, Andrew Chu, Tazonio Anderson

Concert Recordings & Programs

Ich habe genung. Schlummert ein ; Mein Gott! Wenn Kömmt das schöne: Nun! ; Ich freue mich auf meinen Tod / Johann Sebastian Bach -- Paride ed Elena. O del mio dolce ardor / Christoph Willibald Gluck -- La triviata. Di provenza il mar, il suol / Guiseppe Verdi -- Mandoline ; En sourdine ; Green ; A clymène / Gabriel Fauré -- Five poems of Walt Whitman. O you whom I often and silently come ; Sometimes with one I love ; Gliding o'er all ; Look down, fair moon ; Gods / Ned Rorem -- The secret garden …

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Class, Classes, And Classic Race Baiting: What’S In A Definition?, Angela Onwuachi-Willig, Amber Fricke Jan 2011

Class, Classes, And Classic Race Baiting: What’S In A Definition?, Angela Onwuachi-Willig, Amber Fricke

Faculty Scholarship

Overall, in this Article, we briefly lay out each of our challenges to Sander's arguments in Class in American Legal Education. In Part I, we first address the very problems that Sander's article highlights about the difficulties of defining class and SES, problems that may make classbased affirmative action programs less feasible and effective than Sander suggests. In so doing, we identify what we consider to be defects in Sander's class/SES groupings. We also highlight the complexities around class and race that already exist within law student populations, answering in part the important questions about to whom black law students …

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Concert Recording 2011-04-08, Daniel Jordan, Jacob Grewe, Aaron Colley, Michael Post, Sarah Stout, Josh Matlock, Jordan Wilhelm, Justin Stowe, A. J. Miller Jan 2011

Concert Recording 2011-04-08, Daniel Jordan, Jacob Grewe, Aaron Colley, Michael Post, Sarah Stout, Josh Matlock, Jordan Wilhelm, Justin Stowe, A. J. Miller

Concert Recordings & Programs

Sonata for solo euphonium / Arthur Frackenpohl -- Variations in olden style / Thomas Stevens -- Introduction and dance / J.E. Barat -- Concerto / Edward Gregson -- Intermezzo / Marcel Bitsch -- Sonata / Bruce Broughton -- By gaslight / Tadeusz Kassatti -- Encounters II / William Kraft -- Believe me, if all those endearing young charms / Simone Mantia ; arr. David Werden

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Concert Recording 2011-11-16, Amber Lomolino, Kristine Mezines, Jessica Carvin, Katie Zwit, Amber Cooper, Gretchen Renshaw, Emily Thompson, Olga Zelevinskaja, Aaron Colley, Mallory Bennett, Rocio Pauline Martinez Rendis Jan 2011

Concert Recording 2011-11-16, Amber Lomolino, Kristine Mezines, Jessica Carvin, Katie Zwit, Amber Cooper, Gretchen Renshaw, Emily Thompson, Olga Zelevinskaja, Aaron Colley, Mallory Bennett, Rocio Pauline Martinez Rendis

Concert Recordings & Programs

Fantasie brillante / J. B. Arban -- Musette / Jean Marie Leclair -- Sonata in E-flat Major . Allegro moderato ; Sicilliano ; Allegro / J. S. bach -- Concerto for Oboe / Marcello -- Sonata no. 4 in g minor / Benedetto Marcello -- La campanella from Paganini Etudes / Franz Liszt -- Adieu, notre petite table / Jules Massenet

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Concert Recording 2011-11-17, Aaron Colley, Zach Foster, Jacob Hilton, Joey Calvillo, Josh Matlock, Sean Breast, Jordan Wilhelm, Michael Post Jan 2011

Concert Recording 2011-11-17, Aaron Colley, Zach Foster, Jacob Hilton, Joey Calvillo, Josh Matlock, Sean Breast, Jordan Wilhelm, Michael Post

Concert Recordings & Programs

Sonata in g minor. Adagio ; Allegro / Benedetto Marcello -- Energy burst / Allen Vizzutti -- Sonatina. Allegro / Jan Koetsler -- Rhapsody / Toshio Mashima -- Concerto for tuba. Allegro deciso ; lento e mesto / Edward Gregson -- Sonata for unaccompanied euphonium. Introduction and allegro ; Song / Fled Flinard -- Fantasy variations / Yasuhide Ito -- Tuba concerto. Prelude:Allegro moderato ; Romanza: Andante sustenuto ; Finale: Rondo all tedesca: Allegro / Ralph Vaughan Williams

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The Effect Of Bidding Information In Ascending Auctions, Mun Chui, David Porter, Stephen Rassenti, Vernon Smith Jan 2011

The Effect Of Bidding Information In Ascending Auctions, Mun Chui, David Porter, Stephen Rassenti, Vernon Smith

ESI Working Papers

We study the effect of the drop out and reenter information in an environment where bidders‟ values involve both private and common value components. We find that (1) providing bidding information does not have a significant effect on expected revenue and expected efficiency. (2) The effect of information on winner‟s expected profit depends on the range of uncertainty of the common value component and the level of Nash profit prediction, which the auctioneer has no a priori knowledge. In our environment, where bidders have a private component to their value and the auction takes place in ascending clock format, (3) …

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Polynomial Extension Operators. Part Iii, Leszek Demkowicz, Jay Gopalakrishnan, Joachim Schöberl Jan 2011

Polynomial Extension Operators. Part Iii, Leszek Demkowicz, Jay Gopalakrishnan, Joachim Schöberl

Mathematics and Statistics Faculty Publications and Presentations

In this concluding part of a series of papers on tetrahedral polynomial extension operators, the existence of a polynomial extension operator in the Sobolev space H(div) is proven constructively. Specifically, on any tetrahedron K, given a function w on the boundary ∂K that is a polynomial on each face, the extension operator applied to w gives a vector function whose components are polynomials of at most the same degree in the tetrahedron. The vector function is an extension in the sense that the trace of its normal component on the boundary ∂K coincides with w. Furthermore, the extension operator is …

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Commuting Smoothed Projectors In Weighted Norms With An Application To Axisymmetric Maxwell Equations, Jay Gopalakrishnan, Minah Oh Jan 2011

Commuting Smoothed Projectors In Weighted Norms With An Application To Axisymmetric Maxwell Equations, Jay Gopalakrishnan, Minah Oh

Mathematics and Statistics Faculty Publications and Presentations

We construct finite element projectors that can be applied to functions with low regularity. These projectors are continuous in a weighted norm arising naturally when modeling devices with axial symmetry. They have important commuting diagram properties needed for finite element analysis. As an application, we use the projectors to prove quasioptimal convergence for the edge finite element approximation of the axisymmetric time-harmonic Maxwell equations on nonsmooth domains. Supplementary numerical investigations on convergence deterioration at high wavenumbers and near Maxwell eigenvalues and are also reported.

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Analysis Of Hdg Methods For Stokes Flow, Bernardo Cockburn, Jay Gopalakrishnan, Ngoc Cuong Nguyen, Jaume Peraire, Francisco-Javier Sayas Jan 2011

Analysis Of Hdg Methods For Stokes Flow, Bernardo Cockburn, Jay Gopalakrishnan, Ngoc Cuong Nguyen, Jaume Peraire, Francisco-Javier Sayas

Mathematics and Statistics Faculty Publications and Presentations

In this paper, we analyze a hybridizable discontinuous Galerkin method for numerically solving the Stokes equations. The method uses polynomials of degree $ k$ for all the components of the approximate solution of the gradient-velocity-pressure formulation. The novelty of the analysis is the use of a new projection tailored to the very structure of the numerical traces of the method. It renders the analysis of the projection of the errors very concise and allows us to see that the projection of the error in the velocity superconverges. As a consequence, we prove that the approximations of the velocity gradient, the …

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Cultural Landscapes In Conflict: Addressing The Interests And Landscape Perceptions Of Native Americans, The National Park Service, And The American Public In National Parks, Emily Anne Eide Jan 2011

Cultural Landscapes In Conflict: Addressing The Interests And Landscape Perceptions Of Native Americans, The National Park Service, And The American Public In National Parks, Emily Anne Eide

Graduate Student Theses, Dissertations, & Professional Papers

The Prayer and Fasting Project of 2010 from Glacier National Park produced startling results indicating that many areas which have cultural significance to Native American peoples have been adversely impacted by national park recreationalists. This thesis addresses the significance of these impacts along with other management issues associated with conflicting landscape perceptions of national park lands. These concerns are explored through the examination of past and present archaeological theories along with cultural resource management approaches to landscapes. The need to identify and consider different cultural perceptions of landscapes in research and management scenarios is stressed throughout this work. The inclusion …

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Crescent Hill Chert: A Geological And Cultural Study Of A Raw Material Procurement Area In Yellowstone National Park, Wyoming, Jacob Strong Adams Jan 2011

Crescent Hill Chert: A Geological And Cultural Study Of A Raw Material Procurement Area In Yellowstone National Park, Wyoming, Jacob Strong Adams

Graduate Student Theses, Dissertations, & Professional Papers

In 2009/2010 the Montana Yellowstone Archaeological Project (MYAP) conducted survey of the Crescent Hill chert outcrop (site 48YE729) in the northern portion of Yellowstone National Park. Occurring in a variety of colors and qualities, the chert precipitated within the Eocene-era Crescent Hill basalt formation. The procurement area encompasses 2,124.8 acres, with nine surface outcrops, five of which were clearly utilized by Native Americans during prehistory. With the materials previously being uncharacterized, hand samples representative of the outcrop areas were collected and analyzed using macroscopic, petrographic, and geochemical techniques. In doing this, the provenance of artifacts found in archaeological assemblages can …

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Developing Successful Wilderness Stewardship Partnerships, Heather Day Jan 2011

Developing Successful Wilderness Stewardship Partnerships, Heather Day

Graduate Student Theses, Dissertations, & Professional Papers

Partnerships between federal land management agencies and non-profit organizations have existed in various forms for decades, benefiting public lands in myriad ways. However, the consistent decline in agency budgets and available staffing dedicated to Wilderness stewardship have created a need for and subsequent boom of Wilderness stewardship -focused nonprofit organizations across the country. Previous literature addresses the elements of a successful partnership in a more generalized fashion, leaving a need for more empirical examination of the key components of a successful Wilderness stewardship partnership. Thirty semi-structured interviews were conducted with Wilderness stewardship nonprofit staff and staff from the Forest Service, …

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Distribution, Use And Cultural Meanings Of Ciprés De Las Guaitecas In The Vicinity Of Caleta Tortel, Chile, Kyla Sara Zaret Jan 2011

Distribution, Use And Cultural Meanings Of Ciprés De Las Guaitecas In The Vicinity Of Caleta Tortel, Chile, Kyla Sara Zaret

Graduate Student Theses, Dissertations, & Professional Papers

This study examined the changing roles of ciprés de las Guaitecas (Pilgerodendron uviferum) in the lives and livelihoods of Tortel community members. A political ecology framework built on concepts of power, scale and social construction was used to problematize the availability of the tree as a resource by revealing the multiple, contrasting perspectives of different socio-political actors. National and international policy documents were analyzed in order to uncover the discourses that drive decision-making at those scales. Participant observation and semi-structured interviews were conducted to explore local people’s knowledge, perceptions and opinions regarding the difficulties they face in accessing and utilizing …

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In The Game Of Love, Play By The Rules: Implications Of Relationship Rule Consensus Over Honesty And Deception In Romantic Relationships, Katlyn Elise Roggensack Jan 2011

In The Game Of Love, Play By The Rules: Implications Of Relationship Rule Consensus Over Honesty And Deception In Romantic Relationships, Katlyn Elise Roggensack

Graduate Student Theses, Dissertations, & Professional Papers

The purpose of this study is to investigate the implications of relationship rule consensus over the meanings of honesty and deception in romantic relationships. Relationship rules are implicit understandings developed over time that guide individuals’ behavior in relationships, but they are often ambiguous and unspoken. Honesty and deception rules are particularly vulnerable to different interpretations given that honesty is held to such high esteem, yet deception is common in relationships. Since deception becomes a salient source of conflict when discovered, coordination of these rules should be linked to relational quality. In part one of the study, in-depth interviews helped identify …

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Indirect Interactions And Plant Community Structure, Erik Aschehoug Jan 2011

Indirect Interactions And Plant Community Structure, Erik Aschehoug

Graduate Student Theses, Dissertations, & Professional Papers

no abstract

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Making A Comeback: An Exploration Of Nontraditional Students & Identity Support, Jessica Kate Mcfadden Jan 2011

Making A Comeback: An Exploration Of Nontraditional Students & Identity Support, Jessica Kate Mcfadden

Graduate Student Theses, Dissertations, & Professional Papers

The purpose of this qualitative study is to explore the effects of identity supportive messages on nontraditional students in terms of facilitating identification with the student role. Identity support involves the extent to which an individual believes that others understand, accept, and/or provide instrumental support for valued social identities. Considering the life-changing (identity altering) adjustment of resuming school in the middle of adulthood and assuming the new “student” role—especially in connection with other roles and responsibilities—the relationship between nontraditional students and identity support is particularly salient. Twenty-four in-depth interviews helped identify encouraging and discouraging messages students received from a variety …

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Management And Life History Consequences Of Hybridization Between Westslope Cutthroat Trout (Oncorhynchus Clarkii Lewisi) And Rainbow Trout (Oncorhynchus Mykiss), Matthew Philip Corsi Jan 2011

Management And Life History Consequences Of Hybridization Between Westslope Cutthroat Trout (Oncorhynchus Clarkii Lewisi) And Rainbow Trout (Oncorhynchus Mykiss), Matthew Philip Corsi

Graduate Student Theses, Dissertations, & Professional Papers

The role of introductions of nonnative fishes in the decline of native fishes cannot be overstated. Westslope cutthroat trout (Oncorhynchus clarkii lewisi, WCT) are a salmonid native to the northern Rocky Mountains. These trout hybridize with rainbow trout (O. mykiss, RBT) where they are sympatric; however, in portions of the WCT range where RBT have been introduced, hybridization appears to spread rapidly and threatens continued existence of WCT. The conservation value of these hybridized populations is equivocal, and a better knowledge of the ecological, demographic, behavioral, and genetic consequences of hybridization is needed to better inform conservation strategies. I investigated …

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Event Ecology: An Analysis Of Discourses Surrounding The Disappearance Of The Kah Shakes Cove Herring (Clupea Pallasi), Jamie Sue Hebert Jan 2011

Event Ecology: An Analysis Of Discourses Surrounding The Disappearance Of The Kah Shakes Cove Herring (Clupea Pallasi), Jamie Sue Hebert

Dissertations and Theses

The conflict over the herring run at Kah Shakes is complicated. In 1991, the Alaska Department of Fish and Game (ADFG) expanded the commercial herring sac roe fishing boundary in the Revillagigedo Channel to include Cat and Dog Islands. Native and non-Native local residents of Ketchikan protested the boundary expansion, as did managers of the neighboring Annette Island Fishery managed by the local reservation. Using cultural anthropological research methods that include ethnographic data, semi-structured, qualitative interviews gathered in southeast Alaska in 2008, and a comprehensive literature review of historic data culled from newspapers and other texts, I examine the many …

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A Case For 'Be Going To' As Prospective Aspect, Sara E. Schroeder Jan 2011

A Case For 'Be Going To' As Prospective Aspect, Sara E. Schroeder

Graduate Student Theses, Dissertations, & Professional Papers

The focus of this thesis is the feature of current relevance as it is expressed by the English present perfect and the present be going to construction. I propose that be going to expresses the current relevance of a future situation in the same way that the present perfect expresses the current relevance of a past situation. Based on this shared feature of current relevance, I propose that the be going to construction is prospective aspect, the future equivalent of the present perfect. While literature on the English be going to construction has discussed the notion of current relevance as …

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A Comparative Analysis Between Knowledge And Bear Safety Information Utilization By Day Hikers In Glacier National Park, Phillip Wayne Zumstein Jan 2011

A Comparative Analysis Between Knowledge And Bear Safety Information Utilization By Day Hikers In Glacier National Park, Phillip Wayne Zumstein

Graduate Student Theses, Dissertations, & Professional Papers

The purpose of this study was to identify Glacier National Park backcountry day users’ bear safety information source utilization, obtain their knowledge level of bear safety, and identify any differences in knowledge level when compared to sources used. The results of this study were intended to provide park managers with a means to more effectively implement the park’s bear safety information program. The study was conducted within Glacier National Park in Montana during the summer of 2011. A survey was given to 540 backcountry day users during their day hikes within the park. A bear safety quiz section was included …

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Germ Shed Management In The United States, Kevin Outterson Jan 2011

Germ Shed Management In The United States, Kevin Outterson

Faculty Scholarship

The U.S. Medicare program reimburses only for discrete treatments of individuals with infections, but fails to pay for infection control or antibiotic stewardship more generally. By focusing solely on discrete hospitals and patients, Medicare ignores the larger epidemiological reality - that hospitals, nursing homes and other institutions operate within a germ shed. Under current Medicare rules, institutions that invest in infection control or antibiotic stewardship, may actually lose money and benefit rival firms in the market. In effect, current Medicare rules subsidize MRSA pollution. Worse yet, Medicare rules block potentially efficient Coasian contracts to promote private coordination within germ sheds.

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The Four Musketeers Of Arbitral Duty (Les Devoirs De L’Arbitre: Ni Un Pour Tous, Ni Tous Pour Un), William W. Park Jan 2011

The Four Musketeers Of Arbitral Duty (Les Devoirs De L’Arbitre: Ni Un Pour Tous, Ni Tous Pour Un), William W. Park

Faculty Scholarship

Fans of the Alexandre Dumas novel Three Musketeers will remember that the adventure includes a fourth young man, d'Artagnan, who hopes to become one of the King’s guards, along with his friends Athos, Porthos, and Aramis, living by the motto “All for one, one for all”. Likewise, an arbitrator’s generally includefour key obligation: accuracy, fairness, and efficiency, as well as vigilance in promoting an enforceable award. Prevailing litigants normally hope that the arbitral process will lead to something more than a piece of paper. To this end, they expect arbitrators to avoid giving reasons for annulment or non-recognition to any …

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Les Devoirs De L'Arbitre: Ni Un Pour Tous, Ni Tous Pour Un, William W. Park Jan 2011

Les Devoirs De L'Arbitre: Ni Un Pour Tous, Ni Tous Pour Un, William W. Park

Faculty Scholarship

Fans of the Alexandre Dumas novel Three Musketeers will remember that the adventure includes a fourth young man, d'Artagnan, who hopes to become one of the King’s guards, along with his friends Athos, Porthos, and Aramis, living by the motto “All for one, one for all”. Likewise, an arbitrator’s generally include four key obligation: accuracy, fairness, and efficiency, as well as vigilance in promoting an enforceable award. Prevailing litigants normally hope that the arbitral process will lead to something more than a piece of paper. To this end, they expect arbitrators to avoid giving reasons for annulment or non-recognition to …

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Judicial Takings And Collateral Attacks On State Court Property Decisions, Stacey L. Dogan, Ernest A. Young Jan 2011

Judicial Takings And Collateral Attacks On State Court Property Decisions, Stacey L. Dogan, Ernest A. Young

Faculty Scholarship

In Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection,1 the U.S. Supreme Court divided over the question whether takings alleged to have occurred as a result of judicial action should be treated identically to takings by legislative or executive actors. In this essay, we accept the plurality’s basic contention that it makes little sense to treat judicial takings of property categorically differently than takings by other branches of government. If a judge decided to condemn property for a highway project, for example, we agree with Justice Scalia that the Constitution would compel compensation, just as it does …

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Stamper, Mary Jane Book 1, Carter County Genealogical Society Jan 2011

Stamper, Mary Jane Book 1, Carter County Genealogical Society

Carter County Genealogy Collection

Book 1 of the family history of Martha Jane Stamper, 10th child of George Washington and Katherine (Dyer) Stamper of Carter County, Kentucky.

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"Consider With Whom You Are Working": Discourse Models Of School Librarianship In Collaboration, Sue C. Kimmel Jan 2011

"Consider With Whom You Are Working": Discourse Models Of School Librarianship In Collaboration, Sue C. Kimmel

Teaching & Learning Faculty Publications

The question of why school librarians still struggle to fully enact the roles defined in "Information Power" and "Empowering Learners" may be viewed as a struggle to gain recognition from others that this is what a "real school librarian" does. Discourse Analysis offers school library research a new theoretical and analytical tool to explore how these roles or identities are created or contested in interactions with others by examining the moment-to-moment talk for the presence of larger meanings, or "discourses." Applying a discourse analysis to an exchange that occurred near the end of an ethnographic study of collaborative discourse between …

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Holiness For Today, Part 3, Allan Coppedge Jan 2011

Holiness For Today, Part 3, Allan Coppedge

ATS Chapel Services

No abstract provided.

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