Digital Commons Network^™

Clearinghouses As Liquidity Partitioning, Richard Squire

Faculty Scholarship

To reduce the risk of another financial crisis, the Dodd-Frank Act requires that trading in certain derivatives be backed by clearinghouses. Critics mount two main objections: a clearinghouse shifts risk instead of reducing it; and a clearinghouse could fail, requiring a bailout. This Article’s observation that clearinghouses engage in liquidity partitioning answers both. Liquidity partitioning means that when one of its member firms becomes bankrupt, a clearinghouse keeps a portion of the firm’s most liquid assets, and a matching portion of its short-term debt, out of the bankruptcy estate. The clearinghouse then applies the first toward immediate repayment of the …

Nationalization And Necessity: Takings And A Doctrine Of Economic Emergency, Nestor M. Davidson

Faculty Scholarship

Serious economic crises have recurred with regularity throughout our history. So too have government takeovers of failing private companies in response, and the downturn of the last decade was no exception. At the height of the crisis, the federal government nationalized several of the country’s largest private enterprises. Recently, shareholders in these firms have sued the federal government, arguing that the takeovers constituted a taking of their property without just compensation in violation of the Fifth Amendment. This Essay argues that for the owners of companies whose failure would raise acute economic spillovers, nationalization without the obligation to pay just …

A Case Study Of Teachers’ And Administrators’ Experiences Integrating Project-Based Learning, Gastrid Harrigan

Walden Dissertations and Doctoral Studies

Implementation of project-based learning (PBL) has contributed to increases in students’ retention of concepts, engagement, and academic success. The problem for this study is that teachers’ and administrators’ experiences and perceptions have not been sought regarding the integration of PBL in the classroom at the school district. The purpose of this qualitative instrumental case study was to gain a deeper insight into the experiences of teachers and administrators implementing PBL. Centered on the theory of constructivism, the research questions focused on 10 teachers’ and 5 administrators’ experiences integrating PBL. Face-to-face interviews with participants and 10 classroom observations were conducted. Inductive …

Producing A Past: Cyrus Mccormick's Reaper From Heritage To History, Daniel Peter Ott

Dissertations

"Producing a Past" explores how the false "fact" of Cyrus McCormick's 1831 invention of the reaper came to be incorporated into the American historical cannon. From 1884 to 1932, the McCormick Harvester family and their various affiliated businesses created a useable past about their departed patriarch, Cyrus McCormick, and his role in producing civilization through advertising and the emerging historical profession. The McCormick narrative of the past which was peddled in advertising and supported in scholarship justified the family's elite position in American society and its monopolistic control of the harvester industry in the face of political and popular antagonism. …

Prosecutors’ Disclosure Obligations In The U.S., Bruce A. Green, Peter A. Joy

Faculty Scholarship

The article offers information on the prosecutor's discovery disclosure obligation in the U.S. Topics discussed include efforts of defense attorney in the prosecutor's disclosure obligation, efforts beyond the professional discipline, and legal enforcement to promote and support the approach of prosecutor's disclosure obligation, and collection of material used as evidence in the civil or criminal litigation.

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. …