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Covid And Consequences: How The Pandemic Changed Contract Interpretation And Litigation, Glenn Lutzky Jan 2022

Covid And Consequences: How The Pandemic Changed Contract Interpretation And Litigation, Glenn Lutzky

Saint Louis University Law Journal

No abstract provided.


The Textual Canons In Contract Cases: A Preliminary Study, Ethan J. Leib Jan 2022

The Textual Canons In Contract Cases: A Preliminary Study, Ethan J. Leib

Faculty Scholarship

This Essay is a first effort to explore how linguistic canons function in contract cases. Most lawyers know about ejusdem generis, expressio unius, and noscitur a sociis from their work in statutory interpretation, but no one has attempted any systematic inquiry into how these canons figure in contract interpretation. Looking at two jurisdictions’ use of textual canons in contract cases over time and in careful detail, this Essay reports findings and offers preliminary conclusions, about the specific jurisdictions under review and more generally in a comparative vein, both inter-jurisdictionally and as compared to what we know about the same canons’ …


Editor's Note (Volume 22), Jim Baird Jan 2022

Editor's Note (Volume 22), Jim Baird

Jeffers Studies

No abstract provided.


Costume Design For She Kills Monsters, Gayani Bulathsinghala Jan 2022

Costume Design For She Kills Monsters, Gayani Bulathsinghala

Research Days Posters 2022

I am proposing to show my work as a costume designer for She Kills Monsters, a drama-comedy play by Qui Nguyen. The story is about Agnes Evans, who loses her parents and sister Tilly to a car accident. The sisters did not have a good relationship growing up and Agnes is trying to make-up for that by trying to get to know Tilly better by playing a Dungeons & Dragons module that Tilly had written. A costume designer is not only a designer of clothing, but also a researcher. When a script is handed to a costume designer, they first …


Full Issue Jan 2022

Full Issue

Comparative Civilizations Review

No abstract provided.


Tune Up Your #Critlib Toolkit: Scaffolding Critical Information Literacy Discussions With Upper Level Students, Erin Durham Jan 2022

Tune Up Your #Critlib Toolkit: Scaffolding Critical Information Literacy Discussions With Upper Level Students, Erin Durham

LOEX Conference Proceedings 2020

No abstract provided.


Yes-And/Or/Not: Information Literacy And Instruction Through An Improvisational Lens, Jay A. Edwards Jan 2022

Yes-And/Or/Not: Information Literacy And Instruction Through An Improvisational Lens, Jay A. Edwards

LOEX Conference Proceedings 2022

No abstract provided.


The Rise And Fall Of Group Libel: The Forgotten Campaign For Hate Speech Laws, Samantha Barbas Jan 2022

The Rise And Fall Of Group Libel: The Forgotten Campaign For Hate Speech Laws, Samantha Barbas

Loyola University Chicago Law Journal

It is well-known that there is no “hate speech” law in the United States. This has been criticized, especially given the existence of robust hate speech laws in other nations. The absence of hate speech laws in American law has been attributed to legal, cultural, and historical factors, including speech protective First Amendment jurisprudence and long-standing skepticism of group reputation as an interest worthy of legal protection. This Article presents another reason for the absence of hate speech laws in America: the failure of a large-scale social movement in the 1940s to pass hate speech laws or “group libel” laws, …


The Velvet Ditch, Kate Leslie Jan 2022

The Velvet Ditch, Kate Leslie

Playwriting (MFA) Theses

At the party house, the door is always open.

Fiona finds herself living in her hometown after graduating from college. So she spends her weekends like everyone else: attending late night house parties after all the bars shut down. But no matter how much fun each party might be, Fiona eventually must face her past and her future.

A play about nostalgia and what it feels like to be lost.


The Kids Are Driving The Bus, Kristin Lundberg Jan 2022

The Kids Are Driving The Bus, Kristin Lundberg

Playwriting (MFA) Theses

A full-length play with elements of music and audience participation. Ms. McShizzle has to decide how far she will go to challenge the educational system and empower her students to pursue their dreams. When confronting her nemesis, an audacious Clown with a harmful neurosis, McShizzle struggles to build the school community for good.


The Sun, The Moon, And The Truth, Sarah Cosgrove Gaumond Jan 2022

The Sun, The Moon, And The Truth, Sarah Cosgrove Gaumond

Playwriting (MFA) Theses

The Sun, The Moon, and The Truth is a collection of two plays: North Wind and I Lived To Tell. Both plays explore the human condition through differing lenses.

In North Wind, a play deeply rooted in magical realism, a trio of characters search for freedom from the past in a snow-bound Midwestern bar. The dramatic question of North Wind is: How do you move forward when everything you see reminds you of what you’ve lost?

I Lived To Tell, a non-linear play, takes place in the character's imagination. The play's dramatic question is: How does a …


"Last At The Cross", John Hilton Iii, Jesse Vincent, Rachel Harper Jan 2022

"Last At The Cross", John Hilton Iii, Jesse Vincent, Rachel Harper

BYU Studies

An article in the 1921 issue of the Relief Society Magazine states, “Sisters of the Relief Society, . . . answer to your hearts one question: Have I secured to myself the Pearl of Great Price, the great gift of God to man, which is eternal life, and which can be secured only through first obtaining a testimony of the mission and crucifixion of the Savior, with the added testimony that Joseph Smith was a prophet of the living God, and that he revealed anew the gospel of Jesus Christ in this the last dispensation to the children of men?” …


Goethe’S Faust And The Philosophy Of Money, Thimo Heisenberg Jan 2022

Goethe’S Faust And The Philosophy Of Money, Thimo Heisenberg

Philosophy Faculty Research and Scholarship

Philosophers today do not think of Goethe’s Faust as an important contribution to the philosophy of money. But to discount the work in this way is a mistake, I argue. Underneath Faust’s lyrical form, Goethe develops a comprehensive view of money that came to be an important influence on left-wing (Karl Marx) and right-wing (Oswald Spengler) discussions of money. Centrally, Goethe argues that modern economic practices have transformed money obsession (long conceived of primarily as an individual vice) into a structural problem: social structures are now set up to systematically require individuals to engage in quasi-obsessive behaviors towards …


Selling Out For A Song: “Artist Abuse” And Saving Creatives From Servitude And Economic Disadvantage In The Entertainment Industry, Rick G. Morris Jan 2022

Selling Out For A Song: “Artist Abuse” And Saving Creatives From Servitude And Economic Disadvantage In The Entertainment Industry, Rick G. Morris

SMU Science and Technology Law Review

Artists drive the entertainment industry with their creative work, and in some cases, there are protections for artists when it comes to their work, wealth, and autonomy. However, the area of contracts called “private law,” under which artists’ contracts fall, is lightly regulated in comparison to other employment agreements. Artists, often at the beginning of their careers, are signed to long-term contracts that take advantage of them and do not provide adequate compensation. Artists might be locked into contractual arrangements that they cannot free themselves from. Sometimes, they are directly cheated. And much of this comes from people they trust, …


Écoutez, Monde Blanc. Un Film De Julien Suaudeau, Julien Suaudeau Jan 2022

Écoutez, Monde Blanc. Un Film De Julien Suaudeau, Julien Suaudeau

French and Francophone Studies Faculty Research and Scholarship

This screenplay raises the ghosts of the Atlantic. Set in one of the haunted places of French colonialism, the fortress where Toussaint Louverture was deported by Bonaparte and died in 1803, the film summons the voices of Afro-French and Francophone authors. They call out to us from deep in the darkness; we are jolted awake, prompted to remember: between 1642 and 1848, France enslaved 4 million people, 1.5 million captured in Africa and 2.5 million born as slaves in the colonies. Oblivion perpetuates the “White order”, by erasing its crimes behind la grandeur et le rayonnement de la France. Écoutez, …


Creating Inclusive Universities For Different Abilities, Keith Murphy Jan 2022

Creating Inclusive Universities For Different Abilities, Keith Murphy

Papers

According to research by AHEAD (2021), students with specific learning difficulties are accessing third level education in greater numbers than ever before. Within the body of research conducted few have focused on the overall experiences of students with dyslexia studying in third level education. My study addresses this gap in knowledge as it provides an insight into how students with dyslexia navigate third level education. Ethnography was used as the principle method of research in this project, and 17 participants took part. My research found that when students identify dyslexia as a limitation, it becomes a barrier to successful learning …


Direction Of The Musical Seussical Jr., Amanda Will Jan 2022

Direction Of The Musical Seussical Jr., Amanda Will

All Graduate Projects

This project encompasses pre-production research and conceptualization, direction of Seussical Jr. (including casting and rehearsal of student actors and coordinating technical elements), post-production reflection, and evaluation. The documentation includes research and textual analysis of the play, notes on rehearsal and direction, and post-production critical reflection.


America’S Health Is Deteriorating As The Arts Industry Struggles To Survive The Covid-19 Pandemic, Renee Mariotti Jan 2022

America’S Health Is Deteriorating As The Arts Industry Struggles To Survive The Covid-19 Pandemic, Renee Mariotti

Student Works

No abstract provided.


Uzuegbunam V. Preczewski, Nominal Damages, And The Roberts Stratagem, Michael Wells Jan 2022

Uzuegbunam V. Preczewski, Nominal Damages, And The Roberts Stratagem, Michael Wells

Georgia Law Review

In Uzuegbunam v. Preczewski the Supreme Court held for the first time that federal-court jurisdiction exists over a § 1983 case that presents only a claim for nominal damages. As a result, such claims remain subject to adjudication even when the plaintiff’s request for prospective relief, targeting an allegedly unlawful practice, has been mooted by the government’s discontinuance of the thus-challenged behavior. In dissent, Chief Justice Roberts maintained that the majority’s ruling clashed with Article III’s “personal stake” requirement and also unwisely permitted plaintiffs to sidestep controlling jurisdictional rules by adding a meaningless claim for nominal damages to a complaint …


Abolition Is Not Abstract: Zines And The Transmission Of Revolutionary Cultural Capital, Austin Wonder Jan 2022

Abolition Is Not Abstract: Zines And The Transmission Of Revolutionary Cultural Capital, Austin Wonder

Master's Theses

Abolition as a theory and practice-whether in relation to the institution of the prison, systems of policing, or the carceral state as a whole-has received relatively little attention or serious appreciation within the discipline of Sociology. Calls for the abolition of policing and prisons are often taken for granted as naïve and radical demands, perceived as being disassociated from the material conditions of reality. Nonetheless, abolitionist analyses provide a unique and critical perspective from which to explore alternatives to addressing pervasive police violence and mass incarceration through strategies which do not rely upon, or increase the power of, the criminal …


Weaponizing Proof Of Harm In First Amendment Cases: When Scientific Evidence And Deference To The Views Of Professional Associations Collide In The Battle Against Conversion Therapy, Clay Calvert Jan 2022

Weaponizing Proof Of Harm In First Amendment Cases: When Scientific Evidence And Deference To The Views Of Professional Associations Collide In The Battle Against Conversion Therapy, Clay Calvert

UF Law Faculty Publications

This Article uses the U.S. Court of Appeals for the Eleventh Circuit’s divided decision in Otto v. City of Boca Raton in late 2020 as a springboard for examining battles in First Amendment jurisprudence over proof of causation of harm and the level of deference owed to the judgments of learned societies. A two-judge majority held in Otto that a pair of local ordinances banning speechbased conversion therapy on minors violated the First Amendment, with those measures failing the rigorous strict scrutiny standard of review. Crucial to the majority’s ruling was its conclusion that insufficient evidence exists that conversion therapy—also …


Suffolk University Academic Catalog, College Of Arts And Sciences And Sawyer Business School, 2022-2023, Suffolk University Jan 2022

Suffolk University Academic Catalog, College Of Arts And Sciences And Sawyer Business School, 2022-2023, Suffolk University

College of Arts and Sciences and Sawyer Business School Academic Catalogs

This catalog contains information for both the undergraduate and graduate programs in the College of Arts and Sciences and the Sawyer Business School.


Contributors To Jaepl, Vol. 27, Wendy Ryden Jan 2022

Contributors To Jaepl, Vol. 27, Wendy Ryden

The Journal of the Assembly for Expanded Perspectives on Learning

Contributors


Annual Report Of The Registrar 2021/2022, University Of Northern Iowa Jan 2022

Annual Report Of The Registrar 2021/2022, University Of Northern Iowa

Institutional Effectiveness & Planning Documents

Contents:

--Definitions
--Some Comparisons
--Annual Report Data
--Summary of Attendance
--Attendance by Session
--Degrees Granted 2021/22
--Degree Summary 2021/22
--Program Certificates 2021/22
--Miscellaneous Enrollment Information
--Degrees Granted by College, Degree and Racial/Ethnic Classification


Intellectual Property Investment Functions And The Legal Characteristics Of Privatization, P. Sean Morris Jan 2022

Intellectual Property Investment Functions And The Legal Characteristics Of Privatization, P. Sean Morris

American University Business Law Review

This paper develops and presents the idea of intellectual property investment functions as part of a broader narrative on the privatization of international law. Using jurisprudence and private law arguments the paper charts how early investment treaties and ICSID cases interacts with intellectual property investments and then go on to show the rise of contemporary Free Trade Agreements provisions that upend the understanding of intellectual property as an investment function. The advocates of the investment principles clearly sees no objection on the application of customary international law to investment, and by extent, the investment function of intellectual property. It must …


A New Look At Student Engagement Theory: Describing The Role Social Media Plays In Student Engagement, Mary Katherine Tyler Jan 2022

A New Look At Student Engagement Theory: Describing The Role Social Media Plays In Student Engagement, Mary Katherine Tyler

Electronic Theses and Dissertations Archive

The problem that this research will address is that the current generation of college students, Gen Z, are using social media and digital technology to connect with their peers, create community and engage with their university like no generation before them. In addition to this, student affairs professionals fall largely into the Millennial Generation or Gen X, who did not grow up as digital natives (Prensky, 2001) and thus have a very different relationship with social media. The purpose of this qualitative multiple descriptive case study research design, using the framework designed by Yin (2014), is to describe student engagement …


The Double Bass In Handel's Messiah: An Examination Of The Instrument's Role In The Continuo, Sean Timothy O'Hara Jan 2022

The Double Bass In Handel's Messiah: An Examination Of The Instrument's Role In The Continuo, Sean Timothy O'Hara

Electronic Theses and Dissertations Archive

Double bassists face a particular conundrum in Handel’s Messiah—when exactly should they play? This dissertation will address this confusion and offer possible solutions. In order to arrive at conclusions, three areas will be examined: key manuscripts closely associated with Handel, critical performances given under the composer’s direction, and historical evidence related to the double bass in Handel’s time. Regarding manuscripts, Handel’s autograph manuscript and the copy that became his conducting score will be closely examined. As for critical performances, this dissertation will take an in-depth look at the 1742 Dublin premiere of Messiah, the 1749 revival at Covent Garden, and …


A Qualitative Study Of Critical Consciousness: How Black Leaders Perceive Their Roles In The Sociopolitical Development Of Their Students, Ray Williams Jan 2022

A Qualitative Study Of Critical Consciousness: How Black Leaders Perceive Their Roles In The Sociopolitical Development Of Their Students, Ray Williams

Electronic Theses and Dissertations Archive

Paulo Freire (1970) Pedagogy of the Oppressed explained how his theory of critical consciousness could liberate the low-income Brazilian workers. Freire's theory was that his people should be able to see their culture in their education and be equipped with the tools to analyze the world around them and find their sources of oppression. This research study uses Roderick J. Watts’ theory of Sociopolitical Development (SPD) is a branch of Freire's critical consciousness theory. This research study examines the critical consciousness of ten (10) Black urban school leaders by utilizing a semi-structured interview process to explore their educational and life …


Student Works In The Institutional Repository: An Analysis Of Interest And Impact, Julia K. Nims Jan 2022

Student Works In The Institutional Repository: An Analysis Of Interest And Impact, Julia K. Nims

Faculty Scholarship 2022

Eastern Michigan University has highlighted student work in its institutional repository since 2009. Starting with graduate theses and dissertations, the repository’s student presence has grown with the addition of other works, such as honors theses, student journals, and capstone projects. Including student work in our repository fulfills many goals. It allows EMU to showcase and preserve the excellent scholarship produced by our students, and then make these works available to users around the world. These collections serve as recruitment tools to demonstrate what prospective students may achieve through the opportunities EMU offers. The repository provides our students with a space …


The Sound Design For H.M.S. Pinafore, Kyle W. Jensen Jan 2022

The Sound Design For H.M.S. Pinafore, Kyle W. Jensen

All Graduate Theses, Dissertations, and Other Capstone Projects

This thesis is submitted in partial fulfillment of a Master of Fine Arts degree in Theatre Arts: Sound Design at Minnesota State University, Mankato. This thesis contains a detailed account of Kyle W. Jensen’s sound design process and research for H.M.S. Pinafore. The thesis gives a chronological overview of the designer’s process in four chapters; a pre-production analysis, a historical and critical perspective, a journal detailing the process, and a post-production analysis. The fifth and final chapter provides the process development of the designer’s career before and during his time in graduate school. Appendices feature the paperwork, a list of …