Digital Commons Network^™

Intentions, Compliance, And Fiduciary Obligations, Stephen R. Galoob, Ethan J. Leib

Faculty Scholarship

This essay investigates the structure of fiduciary obligations, specifically the obligation of loyalty. Fiduciary obligations differ from promissory obligations with respect to the possibility of “accidental compliance.” Promissory obligations can be satis- fied through behavior that conforms to a promise, even if that behavior is done for inappropriate reasons. By contrast, fiduciary loyalty necessarily has an intentional dimension, one that prevents satisfaction through accidental compliance. The intentional dimension of fiduciary loyalty is best described by what we call the “shaping” account. This account both explains the conscientiousness that loyalty demands and improves on other accounts of the intentional dimension of …

Constitutional Purpose And The Anti-Corruption Principle, Zephyr Teachout

Faculty Scholarship

What was the purpose of the American Constitution? What was it made to do by those who made it? This question — which might be at the center of constitutional theory — is not explicitly asked as often as one might think. Instead, it frequently takes a backseat to other questions about the appropriate mode of constitutional interpretation or the specific purposes of particular texts. And yet it is an important question. How did the Framers (and then the second Framers, the amenders) imagine their own purposes? What are legitimate ways to determine their purposes? Most importantly for the purposes …

Encouraging Engaged Scholarship: Perspectives From An Associate Dean For Research, Sonia K. Katyal

Faculty Scholarship

No abstract provided.

Toward The Development Of Roman Catholic Teaching About Contraception In Light Of The Experience Of South Korean Catholic Women, Taeeun Kim

Dissertations

In recent decades, the morality of artificial contraception has been hotly debated in the Roman Catholic Church. Many theologians and ethicists have challenged the hierarchical church teachings in the last fifty years. The opening chapter of the dissertation reviews Catholic Church teachings on birth control throughout history, and in Chapter Two I explore the theo-ethical reflections on artificial contraception from two different approaches (traditionalist and revisionist) and support the revisionists' perspectives, findings, and arguments. Then, in order to lay the context for my interpretations of my ethnographic interviews with ten participants, in Chapter Three I explore South Korean sexual culture …

Luxury Romanticism: The Quarto Book In The Romantic Period, Matthew Hale Clarke

Dissertations

This dissertation explores the cultural presence of the quarto book in Romantic-era Britain and argues that the format classed the period's defining literary ideologies--from sentimentalism, to liberalism, to Wordsworthian Romanticism, to orientalism--as luxuries meant exclusively for the nation's wealthiest consumers. Chapter 1 situates the quarto within the context of the period's luxury debates and advances a conception of the quarto as the era's predominant luxury format. Focusing on Oliver Goldsmith's The Deserted Village, Chapter 2 argues that early quarto editions of the poem classed the sympathetic feeling it celebrated as the unique privilege of a readerly elite and describes how …

Neuroscience And Galen: Body, Selfhood And The Materiality Of Emotions On The Early Modern Stage, Devon Wallace

Dissertations

From antiquity until the turn of the nineteenth century, temperament, mood and personality were believed to exist within, be managed by, and interact with material substance. Before the medical revolution of the late seventeenth century, early modern theories of anatomy and medicine were primarily based on the writings of Galen, who lived in the second century but was him influenced by a much older medical and philosophical tradition. In this period, the playwrights raise the same central question that now appears in so many reactions to the increasingly accepted "neurocentric" world view: "to what extent do I have an emotional …

Lincoln Dreamt He Died: The Midnight Visions Of Remarkable Americans From Colonial Times To Freud, Fred Johnson

Civil War Book Review

The Role of Dreams in Understanding Great Men

Historian and author, Andrew Burstein, brings considerable expertise and clout to his latest work, Lincoln Dreamt He Died: the Midnight Visions of Remarkable Americans from Colonial Times to Freud (Palgrave McMillan, 2013). Currently th....

Annotations, Cwbr Editor

Civil War Book Review

No abstract provided.

Glorious War: The Civil War Adventures Of George Armstrong Custer, Mark A. Smith

Civil War Book Review

Custer Before Little Big Horn

Thom Hatch is the author of several works focused on the history of the American west and aimed at a popular audience. His most recent offering, Glorious War: The Civil War Adventures of George Armstrong Custer, seeks to rehabilitate Custer’s reputatio....

Annotations, Cwbr Editor

Civil War Book Review

No abstract provided.

Cwbr Author Interview: To Raise Up A Nation: John Brown, Frederick Douglass, And The Making Of A Free Country, William S. King

Civil War Book Review

Interview with William S. King, independent scholar

Interviewed by Zach Isenhower

Civil War Book Review (CWBR): Today the Civil War Book Review is proud to speak with William S. King, an independent scholar making his debut in the Civil War Era, and discuss his book, To Raise Up A Nation: John Brown, Fredrick Douglass, and The Making of A Free Country. Thank you for joining us today. William S. King (King): Well I'm glad to be here.

Editorial

Contemporary Aesthetics (Journal Archive)

No abstract provided.

An Interview With Gernot Böhme, Zhuofei Wang

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Brain And Aesthetic Attitude: How To Integrate "Old" And "New" Aesthetics, Gianluca Consoli

Contemporary Aesthetics (Journal Archive)

At present, various efforts are being put forward to naturalize aesthetics. One of the most controversial disciplines of aesthetics is neuroaesthetics. The first applications of neuroimaging of the aesthetic experience of paintings occurred ten years ago. Over this decade, neuroscientific findings have determined three common centers of visual aesthetic experience: top-down processing; reward and evaluation; and cortical sensory processing. Undoubtedly, these common centers require better identification and further investigation. However, the experimental data currently available make it possible to falsify or corroborate traditional philosophical theories of aesthetic perception and evaluation. Within an integrated approach to aesthetics, this selective function might …

Mechanical Reproduction In An Age Of High Art, Chris Barker

Contemporary Aesthetics (Journal Archive)

This paper reopens the question of the place of high art in the period identified by Walter Benjamin as the age of mechanical reproduction. Walter Benjamin, Bruno Latour, and Adam Lowe are wrong to think that mechanical reproduction has transformed the concept of art, destroying the aura of art or transmitting that aura from original to copy. The concept of art cannot be redefined by the modern change in the capacity to reproduce art unless art was initially defined primarily by its uniqueness/nonreproducibility. Photographic reproduction has caused major changes in the visual arts and in the way we consume art, …

The Cluster Account Of Art: A Historical Dilemma, Simon Fokt

Contemporary Aesthetics (Journal Archive)

The cluster account, one of the best attempts at art classification, is guilty of ahistoricism. While cluster theorists may be happy to limit themselves to accounting for what art is now rather than how the term was understood in the past, they cannot ignore the fact that people seem to apply different clusters when judging art from different times. This paper shows that while allowing for this kind of historical relativity may be necessary to save the account, doing so could result in incorporating an essentially institutional component or making the theory extremely complex and virtually impossible to use.

Oceanic Feeling In Painterly Creativity, Jussi Antti Saarinen

Contemporary Aesthetics (Journal Archive)

The oceanic feeling is a frequent topic of discussion in both creativity research and aesthetics. Characterized by a sensation of self-boundary dissolution, the feeling has been reported to involve experiences of fusion with various objects, including works of art. In this article, I discuss the oceanic feeling in the specific context of painterly creativity. I begin by arguing that the oceanic feeling cannot be classified as an emotion, mood, or bodily feeling, in the established definitions of these terms. I then introduce philosopher Matthew Ratcliffe’s theory of existential feelings to help formulate a more accurate view of the oceanic feeling. …

Smell And Anosmia In The Aesthetic: Appreciation Of Gardens, Marta Tafalla

Contemporary Aesthetics (Journal Archive)

In his Critique of the Power of Judgment, Kant defined the garden as a visual art and considered that smell plays no role in its aesthetic appreciation. If the Kantian thesis were right, then a person who has no sense of smell (who suffers from anosmia) would not be impaired in his or her aesthetic appreciation of gardens. At the same time, a visually impaired person could not appreciate the beauty of gardens, although he or she could perceive them through hearing, smell, taste, and touch. In this paper I discuss the role of smell and anosmia in the aesthetic …

Harnessing The Imagination: The Asymmetry Of Belief And Make-Believe, Elisa Galgut

Contemporary Aesthetics (Journal Archive)

Contemporary philosophical discussion on the nature of the imagination has been influenced by recent empirical work in cognitive science. Our imaginative and emotional engagement with works of fiction has been explained by appealing to the similarities between our ordinary cognitive functioning and the workings of our imagination. Believing and imagining, it is argued, are governed by a “single code.” I argue against this claim, and suggest that our imagination – and in particular our literary imagination – in many respects functions very differently from ordinary cognition.

Fitness For Function And Dance Aesthetics, Eric C. Mullis

Contemporary Aesthetics (Journal Archive)

This essay discusses the manner in which the appreciation of fitness for function can be applied to dance aesthetics. Drawing on Allen Carlson and Glenn Parsons’ work, the essay considers the problems of indeterminacy, translation, and dysfunction as they pertain to the appreciation of dance movement. It then argues that fitness for function can be used to critically assess post-modern task dances and contemporary dance works that do not rely on the execution of codified dance technique.

Adobe Medicus 2014 1 January-February, Health Sciences Library And Informatics Center

adobe medicus

No abstract provided.

The Effect Of Health And Human Performance Department (Hhp) Activity Classes At The University Of Montana On Students’ Levels Of Mindfulness, Perceived Stress, Self-Compassion, And Attention, Anna Russell Zielaski

Graduate Student Theses, Dissertations, & Professional Papers

This study examined the effect of University of Montana, Health and Human Performance (HHP) Department sponsored activity classes on college students’ levels of mindfulness, perceived stress, self-compassion, and attention. Participants: 96 college students enrolled in a spring 2013 activity class started the study, however only 41 completed the post-test survey. Methods: At the beginning and end of the semester, participants completed an online survey through SurveyMonkey, which assessed students’ levels of mindfulness, perceived stress, self-compassion and attention. Results: Students who participated in the mindfulness based activity class, Yoga and Meditation experienced the greatest increases in overall mindfulness levels over the …

Orphic Ecology: Melancholy And The Poetics Of Robert Duncan, Robert Nolan Knapp

Graduate Student Theses, Dissertations, & Professional Papers

This paper explores the poetry of Robert Duncan and the political potential of melancholy. Relying on Judith Butler’s examination of the difference between “mourning” and “melancholy” in Precarious Lives, I argue that Robert Duncan enacts a condition of melancholia that he might respond to what Catriona Mortimer-Sandilands identifies in Queer Ecologies as “the psychically ungrievable”: homosexual desire and the environment. I contend in this thesis that one might enact an active experience of melancholy as both a preservative and rejuvenative force. In the first chapter of the thesis I explore Robert Duncan’s revisitation of a passage from Ovid’s Metamorphoses in …

The Role Of Nadph Oxidase In The Modulation Of Pp2a, Nicole M. Byrnes

Graduate Student Theses, Dissertations, & Professional Papers

Transient, but severe global ischemia results in AMPA receptor (AMPAR) mediated delayed neuronal death (DND). AMPARs, a major glutamatergic receptor in the CNS, are heteromeric complexes composed of GluA1 - GluA4 subunits. Most AMPARs in the hippocampus are calcium-impermeable due to the presence of the edited form of the GluA2 subunit. Ischemia results in a down-regulation of GluA2 mRNA and protein expression, resulting in the expression of GluA2- lacking, calcium/zinc-permeable AMPARs. It has been indicated that these GluA2-lacking AMPARs play a key role in promoting DND following ischemic injury. Recent studies report that an oxidative stress signaling pathway is responsible …

Home On The Range: A Consideration Of The Role Ranching Plays In Bison Conservation, Kristina Lyn Heitkamp

Graduate Student Theses, Dissertations, & Professional Papers

Since Europeans arrived to stay in North America, the number of wild bison fell from more than 30 million, to a low in 1884 of 325 wild bison – including just 25 in Yellowstone National Park. But in the late 20th century, bison ranching soared in popularity. In 1970, the number of bison being raised on ranches exceeded, for the first time, the number of bison in herds managed for conservation. Some people say this shows the power of ranching as a tool for conservation. Today, there are 500,000 bison in the United States. Of those, 480,000 are privately owned. …

Teachers As Writers: Opening The Door To Dialogism, Eric Mark Lynn

Graduate Student Theses, Dissertations, & Professional Papers

In an attempt to put better writing instruction into practice by learning from past mistakes, the author explores the potential benefits and perils that teachers who regularly write bring to their instruction and the promise and enactment of dialogical writing.

The Bear In The Footprint: Using Ethnography To Interpret Archaeological Evidence Of Bear Hunting And Bear Veneration In The Northern Rockies, Michael D. Ciani

Graduate Student Theses, Dissertations, & Professional Papers

Archaeological evidence of prehistoric bear hunting and bear veneration in the northern Rocky Mountains and northwestern Plains is presented. Ethnographic documents and the writings of trappers, traders, and explorers are assessed in order to establish an interpretative framework to help decipher archaeological contexts in the region that include bear remains and rock art depicting bears. Examining prehistoric archaeological contexts in Montana and Wyoming within this framework suggests evidence of bear hunting and veneration similar to the regional ethnographic record. Data trends imply there may be a relationship between such sites and variables like site location, seasonality, function, and age. Contexts …

Use Of A Forest Reconstruction Model To Assess Changes To Sierra Nevada Mixed-Conifer Forest Conditions During The Fire Suppression Era, Molly Augusta Frederica Barth

Graduate Student Theses, Dissertations, & Professional Papers

Fire suppression has resulted in dramatic changes to species composition and structural diversity in the Sierra Nevada mixed-conifer forests of California. Advancing the ecological understanding and management of these forests requires a better understanding of changes that occurred during the fire suppression era, but empirical historical datasets are rare and methodologies for developing new historical reference information are subject to many limitations. I sought to develop historical reference information for the Yosemite Forest Dynamics Plot (YFDP), a research plot located in an old-growth mixed-conifer stand in Yosemite National Park. I performed a dendrochronological fire history analysis to characterize the historical …

Addressing The Challenges Of Monitoring A Rare And Elusive Seabird, Anne Louise Schaefer

Graduate Student Theses, Dissertations, & Professional Papers

The Kittlitz’s murrelet (Brachyramphus brevirostris) is a small alcid endemic to Alaska and eastern Russia. Due to its pelagic lifestyle, researchers lack information regarding environmental conditions experienced by Kittlitz’s murrelets throughout the year and how these conditions impact their physiology and vital rates. Further, unlike most seabirds, the Kittlitz’s murrelet is a dispersed nester; therefore, data are limited for this species even within the breeding season. The goal of this research was to evaluate and improve the monitoring methods for the Kittlitz’s murrelet throughout the year. I approached this goal from 2 different perspectives. First, I worked to clarify abundance …

Quantifying The Hydrologic Impact Of Mountain Pine Beetle Disturbance In A Western Montana Ecosystem, James A. Reilly

Graduate Student Theses, Dissertations, & Professional Papers

Mountain pine beetle (Dendroctonus ponderosae, MPB) is a forest pest endemic to the Rocky Mountain West. Since the late 1990s, millions of hectares of lodgepole pine forest have experienced extensive tree mortality due to MPB disturbance and this may have significant implications for forested mountain water supplies. MPB disturbance may affect the amount of moisture that enters and leaves the forest hydrologic system, through changes in snowpack accumulation, snowmelt timing, transpiration and subsequently soil water content. The cumulative effect of these changes is that soil moisture is expected to be higher in disturbed forests as the hydrologic system responds to …