Digital Commons Network^™

The Lost Volume Seller, R.I.P., Victor P. Goldberg

Faculty Scholarship

If the buyer breaches a sales contract, and if the seller can be characterized as a lost volume seller, courts and commentators have argued that the seller should be made whole by compensation for its lost profits. This paper argues that framing the problem in this way leads to an absurd result. The buyer has a termination option and the remedy should be the implicit option price. The lost profit remedy sets a price on that option, a price that bears no relation to reality. Examination of the case law suggests three conclusions: (a) the remedy often sets an excessive …

Cri Project Report: The Impact Of Technology On Attachment And Social Skills, Ruth X. Guo Ph.D.

NYS Child Welfare/Child Protective Services Training Institute

With fast speed emerging technologies, there has been a dramatic increase in very young children using technologies, including smartphones, tablets, and other forms of technology. It’s important to recognize the impact of technology on child development and well being relevant to the child welfare system. However, according to Terrence McCoy’s (2015) report, Jenny Radesky, a clinical instructor at Boston University’s Developmental-Behavior Pediatrics, stated, “[t]he impact these mobile devices are having on the development and behavior of children is still relatively unknown” (2015, paragraph 1). Because these devices are recently emerging, insufficient thorough research has yet to be conducted to reveal …

A Semantics-Based Measure Of Emoji Similarity, Sanjaya Wijeratne, Lakshika Balasuriya, Amit Sheth, Derek Doran

Kno.e.sis Publications

Emoji have grown to become one of the most important forms of communication on the web. With its widespread use, measuring the similarity of emoji has become an important problem for contemporary text processing since it lies at the heart of sentiment analysis, search, and interface design tasks. This paper presents a comprehensive analysis of the semantic similarity of emoji through embedding models that are learned over machine-readable emoji meanings in the EmojiNet knowledge base. Using emoji descriptions, emoji sense labels and emoji sense definitions, and with different training corpora obtained from Twitter and Google News, we develop and test …

Online Professional Learning For Science Teachers Of Multilingual Learners, Kara Viesca, Elizabeth Mahon, Christopher D. Carson, The Ecallms Team

Department of Teaching, Learning, and Teacher Education: Faculty Publications

In its 2009 position statement Science for English Language Learners, the National Science Teachers Association (NSTA) recommended “that teacher preparation and professional development programs for teachers, regardless of area of certification, focus on science content and pedagogy for English language learners” (p. 2). Since that time, widespread adoption of both English language developments standards such as WIDA (https://www.wida.us) and comprehensive, rigorous science standards such as NGSS (http://www.nextgenscience.org) have provided extensive support in describing what bilingual students can and should be doing in science. While most science teachers have access to professional development to support the teaching …

Othering Others: Right-Wing Populism In Uk Media Discourse On “New” Immigration, Grace E. Fielder, Theresa Catalano

Department of Teaching, Learning, and Teacher Education: Faculty Publications

Right wing populism is on the rise. Through the use of othering, right-wing groups delimit their own identities while excluding others. The purpose of this chapter is to shed light on how European mediated public spheres (such as reader responses to media discourse) constitute an important domain of identity articulation and struggle through the discursive construction of the ‘Other’. In this case, the others come from the Central and Eastern European countries that are perceived as newcomers to Western Europe due to the consecutive enlargements of the European Union. Specifically, this chapter provides an in-depth analysis of 236 reader comments …

Ambiguities And Agency Cases: Reflections After (Almost) Ten Years On The Bench, Raymond M. Kethledge

Vanderbilt Law Review En Banc

No abstract provided.

Justice, Interrupted: The Effect Of Gender, Ideology, And Seniority At Supreme Court Oral Arguments, Tonja Jacobi, Dylan Schweers

Faculty Articles

Oral arguments at the U.S. Supreme Court are important—they affect case outcomes and constitute the only opportunity for outsiders to directly witness the behavior of the Justices of the highest court. This Article studies how the Justices compete to have influence at oral argument, by examining the extent to which the Justices interrupt each other; it also scrutinizes how advocates interrupt the Justices, contrary to the rules of the Court. We find that judicial interactions at oral argument are highly gendered, with women being interrupted at disproportionate rates by their male colleagues, as well as by male advocates. Oral argument …

Natural Rights And The First Amendment, Jud Campbell

Law Faculty Publications

The Supreme Court often claims that the First Amendment reflects an original judgment about the proper scope of expressive freedom. After a century of academic debate, however, the meanings of speech and press freedoms at the Founding remain remarkably hazy. Many scholars, often pointing to Founding Era sedition prosecutions, emphasize the limited scope of these rights. Others focus on the libertarian ideas that helped shape opposition to the Sedition Act of 1798. Still more claim that speech and press freedoms lacked any commonly accepted meaning. The relationship between speech and press freedoms is contested, too. Most scholars view these freedoms …

Del Otro Lado… Y Más Allá Colección De Crónicas, Oscar Iván Zapata García

Open Access Theses & Dissertations

Del otro lado... y más allá. Colección de crónicas está compuesta por 13 crónicas o textos de no-ficción que a su vez se agrupan en dos partes. La Primera Parte (Del otro lado. Crónicas Fronterizas) está compuesta por 7 crónicas donde se relata la experiencia fronteriza (Estados Unidos-México) en sus dimensiones políticas y sociales desde la perspectiva de un chilango. Para ello hago uso de las técnicas de la crónica, en su acepción de periodismo narrativo y literatura de no-ficción, y del humor y la ironía del altiplano mexicano. La pretensión es hacer agudas y relevantes observaciones geográficas y sociales …

Legalzoom And Online Legal Service Providers: Is The Development And Sale Of Interactive Questionnaires That Generate Legal Documents The Unauthorized Practice Of Law?, Emily Mcclure

Kentucky Law Journal

No abstract provided.

Academic Freedom As The Freedom To Do Academic Work, David Moshman

Department of Psychology: Faculty Publications

Academic freedom is defined as the freedom to do academic work. It follows that academic freedom (1) includes freedoms of teaching, learning, and inquiry; (2) is a type of intellectual freedom; (3) is specific to academic roles and contexts; (4) is crucial at all levels of education and in all other academic contexts; (5) is individual, collective, and institutional; and (6) is central to the academic integrity of any academic endeavor or institution. This conception, which coordinates multiple traditions and literatures, enables us to explain the nature and limits of academic freedom and to justify it as a necessity for …

Appreciating Neurodiversity: Asd Perceptions Of Experiences In A Higher Education Transition Program And The Implications For Higher Ed Leaders, Joanna L. Ale

UNF Graduate Theses and Dissertations

Over the past decade, the number of individuals being diagnosed with Autism Spectrum Disorder has risen substantially. One byproduct of increased diagnosis is that more and more students with Autism Spectrum Disorder are applying and being accepted to colleges and universities (Graetz & Spampinato, 2008; Jones, 2012; Smith, 2007; Taylor, 2005; Zager, Alpern, McKeon, Maxam, & Mulvey, 2013; Longtin, 2013; Adreon & Durocher, 2007; Zager & Alpern, 2010). Research in the field of Autism and Higher Education is in its infancy, with a dearth of the research focusing on the challenges and struggles that degree-seeking students with ASD face within …

Rhapsode Metaphor: Understanding The Student-Teacher Relationship In Philosophy For Children, Ryan Dougherty

UNF Graduate Theses and Dissertations

This thesis examines some of the different kinds of metaphors employed in our pedagogical practices. By using the Four Pillars of Philosophy for Children, an alternative metaphor for teaching philosophy is put forth as a viable alternative to the traditional options. This is what we can reasonably call the Rhapsode Metaphor.

Review Of Culturally Sustaining Pedagogies: Teaching And Learning For Justice In A Changing World By Django Paris & H. Samy Alim, Melissa L. Gibson

College of Education Faculty Research and Publications

No abstract provided.

Consumer Credit In America: Past, Present, And Future (Introduction), Pamela Foohey, Jim Hawkins, Creola Johnson, Nathalie Martin

Scholarly Works

In September 2016, in conjunction with Law & Contemporary Problems at Duke University School of Law, we organized a symposium on Consumer Credit in America. We sought to assess the state of consumer credit in America — to review and examine its recent history, to consider arguments for and against regulation, and to discuss the potential for future innovation. This is the introduction to the volume of articles coming out of that symposium.

“It Was Like Really Uncomfortable But Kind Of Comfortable”: An Ethnographically-Informed Radio Play Of Adult Esl Classes With Educational Drama, Won Kim

Journal of Pedagogy, Pluralism, and Practice

This chapter explores possibilities and challenges of educational drama-based second language instruction for adult emergent bilingual learners. A part of the key findings from an ethnographic multiple case study of four adult ESL classes with educational drama in Canada will be represented, using playwriting as a means to uncover diverse nuanced insights and reflexive understandings of the phenomenon under investigation. The primary purpose of this ethnographically-informed radio play script is to serve as reflexive, dynamic, and artistic expressions that speak (about and to) students’ voices concerning their learning experiences in the course as heard/felt/perceived by the researcher as a participant …

Drama In Dialogic Read Alouds: Promoting Access And Opportunity For Emergent Bilinguals, James V. Hoffman, Doris Villarreal, Sam Dejulio, Laura Taylor, Jaran Shin

Journal of Pedagogy, Pluralism, and Practice

In this report, we explore the potential for drama pedagogy in the classroom to support the engagement and growth of emergent bilingual students in language and literacy. We are focused on the use of drama to promote dialogic interactions during teacher read alouds. This study was conducted as a collaborative, action research investigation involving classroom teachers and university-based researchers. Our goals focused on three areas. First, we were interested in the impact of the drama intervention on comprehension. Second, we were interested in the responses of students to drama in read alouds with attention to differences in responses related to …

Supporting Teachers In Arts Integration Strategies To Foster Foundational Literacy Skills Of Emergent Bilinguals, Christa Mulker Greenfader, Shelly Vanamburg, Liane Brouillette

Journal of Pedagogy, Pluralism, and Practice

Oral language skills are essential to the future literacy of students in kindergarten and first grade, especially emergent bilinguals (EBs). Yet, U.S. teachers receive few professional development opportunities that prepare them to use effective strategies for promoting oral language development. Since teacher education is compartmentalized into curricular silos, methods for literacy instruction are taught in one course, methods for arts instruction in another, and so on. This article argues that well-designed arts integration can meet a key need of young, linguistically diverse students by providing opportunities for oral language practice across content areas. Experimental evidence that arts-based instruction benefits the …

The Art Museum: A Site For Developing Second Language And Academic Discourse Processes, Rosalind Horowitz, Kristy Masten

Journal of Pedagogy, Pluralism, and Practice

This chapter presents the art museum as a socio-cultural learning site, where emergent bilingual students engage in multiple modes of expression to expand oral, written, and visual literacies for academic purposes An historical view of the art museum as an educational space is considered with past limitations and new directions. Theoretical considerations contributing to new conceptualizations of the museum as a contextual- space for development of academic discourses provide a backdrop for new museum approaches. After describing the situated perspective of the authors who work with students at a Hispanic Serving Institution, we offer three approaches for incorporating the museum …

About The Contributors

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Glossary

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Diverse Experiences And Complex Identities: A Resource Archive Of Artists’ And Educators’ Works, Vivian Maria Poey, Berta Rosa Berriz, Amanda Claudia Wager

Journal of Pedagogy, Pluralism, and Practice

This concluding article builds on the ideas developed throughout this special issue by providing a wide range of resources to enrich arts-based work within the field of literacy development with families and communities of emergent bilinguals. We include a bank of resources that may serve as the beginning of an archive. Coming from three different fields, with varying professional experiences, the sources we find helpful intersect and diverge. To honor this range of possibilities, we have taken an expansive approach that includes poets, visual and performing artists, arts and cultural organizations, literary associations, language learning standards and anti-bias and critical …

Transcribing Arts And Identities: A Case Study On Literacies At Guadalupe Middle School, R. Joseph RodríGuez

Journal of Pedagogy, Pluralism, and Practice

Through single-case study research at a middle school site, students whose first language is Spanish gain instruction in an English language arts classroom using literary works with guided, close reading. Moreover, students’ background, cultural, and prior knowledge are consulted by the teacher as literature comes to life via socially responsible biliteracies, which value students’ identities and cultural and linguistic wealth in the presence of bilingual literary narratives. Through a teacher’s literary lesson planning that complements students’ social interests, students are able to communicate their developing and bridging biliteracies, increase critical literacy awareness, and practice bilingual abilities through interactive instructional lessons …

Creating School Partnerships: Multilingual Family Engagement Through The Arts, Sarah Davila, Maura Mendoza

Journal of Pedagogy, Pluralism, and Practice

Music artist and School-based Family and Community Liaison, Maura Mendoza Quiroz from the Somerville Family Learning Collaborative (SFLC), shares her experiences of how mu-sic, visual arts and language workshops have served as the entry point for immigrant families in the Somerville Public Schools. The examples help teachers “read” their community of parents and create spaces responding to families’ needs instead of providing arts programs that are un-familiar to them. As parents participate in these activities, their “physical time” inside the school increased, home-school communications improved, and over all the welcoming efforts translated into better school attendance. Sarah Davila, director of …

Introduction To Art As Voice: Creating Access For Emergent Bilingual Learners, Amanda Claudia Wager, Vivian Maria Poey, Berta Rosa Berriz

Journal of Pedagogy, Pluralism, and Practice

In this introductory chapter, we begin by introducing ourselves, so that you immediately know our positionalities—who we are and the lens we see the world through—and in the hope to provide you with knowledge of why this special issue is so close to our hearts. We then share current demographic information regarding emergent bilingual learners to further explain the importance of this work today. In the current political context, the topic of displaced populations, immigration policies (such as The Deferred Action for Childhood Arrivals [DACA]), refugees, as well as those who are undocumented is very alive in classrooms and relevant …

Reach For The Stars: Restructuring Schooling For Emergent Bilinguals With A Whole-Child, Arts-Infused Curricular Approach, Amy Gooden

Journal of Pedagogy, Pluralism, and Practice

This qualitative case study describes a two-year, multi-pronged university-urban school district partnership in Massachusetts sponsored by former Governor Deval Patrick’s Gateways Cities agenda to support an innovative middle school summer enrichment academy for emergent bilingual (EB) learners. The partnership between Boston University and Malden Public Schools aimed at improving EB student success through a whole-child, inclusive, community-arts- infused, content-based curriculum with field trips, guest speakers, conversation classes with bilingual university graduate students, and performing arts, fitness and wellness workshops; a comprehensive teacher training/coaching model; and parent education and community engagement experiences. This chapter examines the impact of the whole-child, community-arts- …

Art As Voice: Creating Access For Emergent Bilingual Learners (Full Issue), Amanda C. Wager, Vivian Maria Poey, Berta Rosa Berriz

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Between Two Worlds: Utilizing The Arts To Increase Engagement And Effectiveness In The Spanish For Heritage Learners Classroom, Kathryn E. Mostow

Journal of Pedagogy, Pluralism, and Practice

This article will address the need to increase positive attitudes toward Spanish in Spanish Language Heritage (SLH) classrooms and provide strategies to integrate the arts to support this goal. The primary goals of the contemporary SHL classroom are to maintain the language; to increase positive attitudes towards Spanish, including dialects; and to develop cultural awareness (Beaudrie, Ducal, & Potowsi, 2014). In many SHL classrooms the first two goals are accomplished by reading and writing in Spanish but the latter two goals are less prescriptive and in some classrooms, overlooked. However, it is essential to address students’ attitudes toward Spanish- in …

Functionality Screens, Christopher Buccafusco, Mark A. Lemley

Faculty Scholarship

Among intellectual property (IP) doctrines, only utility patents should protect function. Utility patents offer strong rights that place constraints on competition, but they only arise when inventors can demonstrate substantial novelty after a costly examination. Copyrights, trademarks, and design patents are much easier to obtain than utility patents, and they often last much longer. Accordingly, to prevent claimants from obtaining “backdoor patents,” the other IP doctrines must screen out functionality. As yet, however, courts and scholars have paid little systematic attention to the ways in which these functionality screens operate across and within IP law.

We have four tasks in …

The Law Of Interpretation, William Baude, Stephen E. Sachs

Faculty Scholarship

How should we interpret legal instruments? How do we identify the law they create? Current approaches largely fall into two broad camps. The standard picture of interpretation is focused on language, using various linguistic conventions to discover a document's meaning or a drafter's intent. Those who see language as less determinate take a more skeptical view, urging judges to make interpretive choices on policy grounds. Yet both approaches neglect the most important resource available: the already applicable rules of law.

Legal interpretation is neither a subfield of linguistics nor an exercise in policymaking. Rather, it is deeply shaped by preexisting …