Digital Commons Network^™

Cognition And Reason: Rethinking Kelsen In The Context Of Contract And Business Law, Jeffrey M. Lipshaw

Suffolk University Law School Faculty Works

This is a reconsideration of Hans Kelsen’s pure theory of law from the standpoint of a long-time business lawyer, contract theoretician, and Kant-influenced epistemologist. The essay: (a) reconsiders the pure theory in the context of contract and business law (i) in light of how legal reasoning operates (something the pure theory accurately characterizes) in contract and business law (as, for example, in the classic consideration/promissory estoppel case, Allegheny College), and (ii) with a more faithful or more satisfying account than Kelsen provided of the kind of knowledge we obtain if we are going to think of contract and business …

In Re Yahoo Mail Litigation, Northern District Of California

Historical and Topical Legal Documents

NOTICE OF MOTION AND MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT

Grupo Cultural Afroreggae V. Google, Inc., California Superior Court

Historical and Topical Legal Documents

No abstract provided.

Measuring Beach Profiles Along A Low-Wave Energy Microtidal Coast, West-Central Florida, Usa, Jun Cheng, Ping Wang, Qiandong Guo

School of Geosciences Faculty and Staff Publications

Monitoring storm-induced dramatic beach morphology changes and long-term beach evolution provides crucial data for coastal management. Beach-profile measurement using total station has been conducted along the coast of west-central Florida over the last decade. This paper reviews several case studies of beach morphology changes based on total-station survey along this coast. The advantage of flexible and low-cost total-station surveys is discussed in comparison to LIDAR (light detection and ranging) method. In an attempt to introduce total-station survey from a practical prospective, measurement of cross-shore beach profile in various scenarios are discussed, including: (1) establishing a beach profile line with known …

Geochemistry Of Upper Cretaceous Sediments Of Bozeş Formation (Apuseni Mts., Romania) – Provenance Implications, Luminiţa Zaharia, Romona Bălc, Cosmin C. Stremţan, Adriana Socaciu

School of Geosciences Faculty and Staff Publications

A whole-rock geochemical study was carried out on sandstones from the Upper Cretaceous Bozeş Formation in the southeastern part of the Apuseni Mountains (Romania) in order to constrain their provenance and depositional setting. The geochemical results were compared and integrated with previously reported provenance indicators, such as framework composition and heavy mineral assemblages. The chemical composition is similar for all samples investigated, with limited ranges for both major oxides and trace elements. The sandstones are potassic (Na₂O/K₂O < 1) and can be classified mainly as arenites with a few greywackes. Their immature to relatively mature character is revealed by the SiO₂/Al₂O₃ ratios, ranging between 3.90 and 11.25, as well as their high Sr/Rb ratios. The …

Geographically Isolated Wetlands Are Part Of The Hydrological Landscape, Mark Rains, S. G. Leibowitz, M. J. Cohen, I. F. Creed, H. E. Golden, J. W. Jawitz, P. Kalla, C. R. Lane, M. W. Lang, D. L. Mclaughlin

School of Geosciences Faculty and Staff Publications

No abstract provided.

Mirabile Dictu: The Bryn Mawr College Library Newsletter 19 (2016), Bryn Mawr College Library

Mirabile Dictu: Newsletter of the Bryn Mawr College Libraries

No abstract provided.

Allen D. Breck Award Winner (2016)

Quidditas

The Breck Award recognizes the most distinguished paper given by a junior scholar at the annual conference.

This year’s recipient is Samantha Dressel, doctoral candidate in English at the University of Rochester.

Front Matter

Quidditas

No abstract provided.

Small Mid-Tudor Chronicles And Popular History: 1540-1560, Barrett L. Beer

Quidditas

This essay examines twenty-two editions of little-studied small Mid-Tudor chronicles that were published by printers at Canterbury and London. They demonstrate the important role of printers in historical scholarship and offer a significantly different perspective on English history than the better-known, larger contemporary works of Robert Fabyan, Edward Hall, and Thomas Cooper. The chronicles also shed light on the readership of historical works by non-elite readers who presumably could not afford larger and more expensive chronicles. The short chronicles present a simplified view of the past, avoid propagating the well-known Tudor myths including the tyranny of Richard III, and demonstrate …

The Case Of The {-Th} Plural In The Earliest Text, Stanford Carmack

Interpreter: A Journal of Latter-day Saint Faith and Scholarship

The earliest text of the Book of Mormon employs the {-th} plural — for example, “Nephi’s brethren rebelleth” — in a way that is substantially similar to what is found in many writings of the Early Modern period. The earliest text neither underuses nor overuses the construction, and it manifests inflectional variation and differential usage rates typical of Early Modern English. The totality of the evidence tells us that the Book of Mormon is most reasonably classified as a 16th- or 17th-century text, not as a 19th-century text full of biblical hypercorrections.

“Arise From The Dust”: Insights From Dust-Related Themes In The Book Of Mormon Part 2: Enthronement, Resurrection, And Other Ancient Motifs From The “Voice From The Dust”, Jeff Lindsay

Interpreter: A Journal of Latter-day Saint Faith and Scholarship

In light of Noel Reynolds’ hypothesis that some material in the Book of Moses may have been present on the brass plates that Nephi used, one may wonder if Nephi or other authors might also have drawn upon the use of chains in the Book of Moses. Further examination of this connection points to the significance of the theme of “dust” in Lehi’s words and the surrounding passages from Nephi and Jacob, where it can involve motifs of covenant keeping, resurrection, and enthronement. Recognizing the usage of dust-related themes in the Book of Mormon can enhance our understanding of the …

Reading With Your Ears, Amber Bird

The Utah English Journal

As the weight and the stress of the semester ended, I closed my British and American anthologies and put them back on the bookcase. With finals completed and assignments submitted, I had finished one of my most difficult semesters. I was anticipating a break. My solace came to me in the form of a well-used and well-read paperback young adult novel: Harry Potter and the Sorcerer’s Stone. After weeks and weeks of intense reading for other classes, having the opportunity to read this book was pure magic. As I mentally wandered through the hallways of Hogwarts reading about Harry, Ron, …

Joseph And The Amazing Technicolor Dream Map: Part 1 Of 2, Jeff Lindsay

Interpreter: A Journal of Latter-day Saint Faith and Scholarship

The Arabian Peninsula has provided a significant body of evidence related to the plausibility of Nephi’s account of the ancient journey made by Lehi’s family across Arabia. Relatively few critics have seriously considered the evidence, generally nitpicking at details and insisting that the evidences are insignificant. Recently more meaningful responses have been offered by well educated writers showing familiarity with the Arabian evidences and the Book of Mormon. They argue that Nephi’s account is not historical and any apparent evidence in its favor can be attributed to weak LDS apologetics coupled with Joseph’s use of modern sources such as a …

“The Man In The Shyppe That Showeth The Unstableness Of The World”: Social Memory And The Early Modern English Sailor, 1475-1650, Vincent V. Patarino Jr., Ph.D.

Quidditas

Both medieval and early modern English writers described the tumultuous, raging sea as the epitome of chaos and evil. By the sixteenth and seventeenth centuries, both manuscript and print documents connected seething storms with the power and influence of evil, especially the devil. As the Reformation advanced, this link included Satan’s supposed minions, witches. In addition to these texts, woodcut illustrations confirmed in very stark terms, a direct association between the devil, the sea, and sailors’ supposedly anti-religious behavior and beliefs. One powerful image revealed “the man in the shyppe” tormented by the devil; others depicted the devil steering a …

Richard Iii: Beyond The Mystery, Daniel Hobbins

Quidditas

He is not the likeliest theme for an American undergraduate classroom: his reign lasted barely two years; he contributed nothing of lasting significance to history; he is more memorable for his spectacular final defeat than for any victory; he was accused of murdering children; and he was after all an English king, as far removed as possible from the typical experience of an American undergraduate. Even the times he lived in are against him. In the immortal words of Mark Twain, his century was “the brutalest, the wickedest, the rottenest in history since the darkest ages.”1 Yet he continues to …

“Like To My Soft Sex”: Female Revenge And Violence In The Fatal Contract, Samantha Dressel

Quidditas

The Fatal Contract by William Heminge is not a good play. Its critical afterlife is essentially non-existent, with Fredson Thayer Bowers being one of the only critics to discuss it, criticizing its lack of “inspiration” and “ethical spirit.”1 I argue however, that the play is both inventive and moral, despite its many derivative aspects and narrative foibles. I suggest a new reading of the play as deeply innovative in terms of gender and revenge. Bowers criticizes the play’s morality because of the ultimate exoneration of Chrotilda, the central revengeress. The play can be reinterpreted and partially redeemed by understanding Chrotilda’s …

“With The Tongue Of Angels”: Angelic Speech As A Form Of Deification1, Neal Rappleye

Interpreter: A Journal of Latter-day Saint Faith and Scholarship

The “tongue of angels” has long been a point of interest to Latterday Saints, who wonder whether it really is as simple as speaking under the influence of the Spirit or if it might mean something more. Drawing on the structure of Nephi’s record and the interactions with angels that Nephi recorded, we learn that this notion of speaking with the tongue of angels has connections with ancient Israelite temple worship and the divine council. Nephi places the act of speaking with the tongue of angels at the culmination of a literary ascent, where one must pass through a gate …

“From The Sea East Even To The Sea West”: Thoughts On A Proposed Book Of Mormon Chiasm Describing Geography In Alma 22:27, Gregory L. Smith

Interpreter: A Journal of Latter-day Saint Faith and Scholarship

Jonathan Neville, an advocate of the “Heartland” geography setting for the Book of Mormon, claims to have identified a novel chiastic structure that begins in Alma 22:27. Neville argues that this chiasmus allows the reconstruction of a geography that stretches south to the Gulf of Mexico in the continental United States. One expert, Donald W. Parry, doubts the existence of a fine-tuned chiasmus in this verse. An analysis which assumes the presence of the chiasmus demonstrates that multiple internal difficulties result from such a reading. Neville’s reading requires two different “sea west” bodies of water: one “sea west” placed at …

Inspiring Students To Value Reading, Ann C. Sharp, Lorilynn Brandt, Douglas S. Gardner

The Utah English Journal

Have you ever seen a struggling reader rally his friends to buy the same book at a school book fair, and then spearhead a series of literacy circle activities during recess time? Uncommon at best, right? Recently, one fourth grade teacher in Utah County while implementing reading motivational principles in her classroom reported just such an incident. In her words: “I have a group of boys in my class and one of them is a[n] extremely low reader and I don’t know if he has ever tried reading a chapter book or anything like that, and they made their own …

Book Review: Writing With Mentors: How To Reach Every Writer In The Room Using Current, Engaging Mentor Texts, David Premont

The Utah English Journal

Allison Marchetti and Rebekah O’Dell, in their debut book, demonstrate their proclivity toward strategic and infectious writing habits in Writing with Mentors (2015). Marchetti and O’Dell’s student-centered writing classroom is evident from the onset of their book as they approach writing in an inquiry-based manner, saturated with examples from professional writers.

Book Review: Reading Nonfiction: Notice & Note: Stances, Signposts, And Strategies, Lorraine Wallace

The Utah English Journal

For years, Utah’s Core Curriculum Standards have included teaching informational text, but with Utah’s adaptation of the Common Core, teaching nonfiction is being emphasized more than ever before, and many teachers have grudgingly incorporated these texts into their curriculum. However, many of us have just assigned these new texts with little deliberate instruction, and our students have typically tried to read nonfiction the same way they have always read fiction. After all, they think, reading is reading.

Full Issue

The Utah English Journal

No abstract provided.

Providing Sustained Support For Teachers And Students In The L2 Writing Classroom Using Writing Fellow Tutors, Katherine Daily O'Meara

Journal of Response to Writing

This study presents a piloted second language (L2) writing tutor (L2WT) internship program as a way to provide supplemental, sustained writing fellow- style support to L2 writers and classroom teachers in multilingual firstyear composition (FYC) courses in a large U.S. university within the span of one semester. The major facet of the internship program was the tutors’ response to student writing in a one-to-one context for each major essay assignment. The presence and needs of second language writing students in the writing classroom have been clearly articulated in relevant research, but what is less known is how to devise successful …

Full Issue

Russian Language Journal

No abstract provided.

Introduction

Russian Language Journal

No abstract provided.

Constructing A Russian Elicited Imitation Exam, Troy Cox, Jennifer Bown, Jacob Burdis

Russian Language Journal

A Russian student wants to know if it is worth the expense to pay for an official ACTFL Oral Proficiency Interview (OPI). The director of a flagship program wants to measure the improvement of the oral proficiency of students returning from their in-country experience. A university department needs to provide evidence that their students are meeting learning objectives as part of accreditation. In each of these cases, a cost-effective, scalable solution to measuring oral proficiency would be helpful.

Review: Poetry Reader For Russian Learners; Siblings In Tolstoy And Dostoevsky: The Path To Universal Brotherhood, Richard Robin, Naya Lekht

Russian Language Journal

Overall, the book does a thorough job of documentation. In proficiency terms, it reads more like a fancy “Advanced High” text than “Superior.” The authors do not speculate about the potentially more controversial conclusions pertaining to some of the postulates underlying the program until toward the end of the volume. After all, it is unlikely that a school with only two years of Russian aiming for an “Intermediate Low” speaking proficiency will create a two-year curriculum with the intent to prepare participants for a fourth year at “Advanced.” Most of the interesting speculations come in Al-Batal and Glakas’s view of …

Review: Exploring The Us Language Flagship Program: Professional Competence In A Second Language By Graduations; Poetry Reader For Russian Learners, Grant H. Lundberg, Richard Robin

Russian Language Journal

Concepts of the Prague Linguistic Circle on the American Continent and the Theory of Emotive Language,” discusses the structuralist ideas of the PLC in her publications on the semiotics of language and literary analysis. Steven Franks and Catherine Rudin’s contribution, “Invariant -to in Bulgarian,” investigates the connection of invariant -to, found in relative clauses and wh-constructions, to inflectional -to, found in the neuter definite article. They use syntactic theory as well as comparative Macedonian data to examine the issue. Finally, Donald Reindl, “The Fate of German (Post)Velars in Slovenian Loanwords,” tries to impose some order on a seemingly chaotic situation. …

A Few Notes On Nabokov's Childhood Entomology, Victor Fet

Biological Sciences Faculty Research

Nabokov's lepidoptery long posed a question: Was he an amateur or a professional entomologist? Today, it has been amply demonstrated that he was a professional. Kurt Johnson says, "For Nabokov, as with many, fascination with the big picture books of butterflies as a young child grew to concerted collecting as a youngster. As with many scientists, these impressions of youth become a driving life force."³ Nabokov started collecting butterflies in 1906, at age seven, and never ceased; he published his first book of poems ten years later, at age seventeen; his first research paper on butterflies, at age twenty; …