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(Hypothetical) Communication In (Hypothetical) Context, Gary Lawson Dec 2021

(Hypothetical) Communication In (Hypothetical) Context, Gary Lawson

The Journal of Contemporary Legal Issues

I will start with the second of our two “group minds” problems, involving potentially differing understandings of fruit, because I think it is conceptually simpler, or at least more amenable to an answer, than is the first problem.

The precise question is how I would handle the problem of application of the fruit tax to tomatoes and kiwi if that problem came before me as a judge. That specification of interpretative role is crucial.

At the outset, we need one very important piece of information that is not provided: What is the governmental form of Lex? If Lex is a …


Using A Firearm, Using A Word: What Interpretation Just Is, Walter Benn Michaels Dec 2021

Using A Firearm, Using A Word: What Interpretation Just Is, Walter Benn Michaels

The Journal of Contemporary Legal Issues

My response to these hypotheticals is going to be useless, although, I hope, in a useful way. It’s going to be useless because I’m an English teacher, not a lawyer, and I have no idea what Mary or the judge should do. But, of course, Larry Alexander and Steve Smith already knew this when they asked me to contribute. Presumably, it’s in my capacity as a theorist of interpretation and in particular (since the hypotheticals might be understood to raise particular difficulties for intentionalists) as an intentionalist theorist that they asked for my views. But, as an intentionalist theorist, I …


Plural Agents, Private Intentions, And Legal Interpretation, Scott Soames Dec 2021

Plural Agents, Private Intentions, And Legal Interpretation, Scott Soames

The Journal of Contemporary Legal Issues

The chief problem posed in Multimember Legislative Bodies and Intended Meaning is one in which lawmakers pass a tax bill supported by two equal groups with conflicting interpretations of the bill’s content. One believes it taxes imported tomatoes, among other things; the other believes it exempts tomatoes. They disagree because they received supposedly authoritative, but in fact conflicting, information about the meaning of “fruit” in the bill’s text. One group was told it is used with its biological sense, which includes tomatoes as edible seed-bearing reproductive parts of a plant. The other group was told that “fruit” is used with …


Commentary, Stanley Fish Dec 2021

Commentary, Stanley Fish

The Journal of Contemporary Legal Issues

Suppose you are walking in the corridors of a law firm and you hear a person in one of the offices say “You have no consideration.” What do you take the speaker to have said or meant? You might reasonably assume that you have overheard a snatch of a conversation between a lawyer and a client who is being told that he cannot allege breach of contract because in the conversation he reports between himself and the one he would accuse there was an absence of reciprocally offered inducements of the kind “if you do X, I will do Y” …


Intentional Procreation, Robin L. West Dec 2021

Intentional Procreation, Robin L. West

The Journal of Contemporary Legal Issues

Dov Fox’s book Birth Rights and Wrongs makes the case for the development, through judicial decision-making, of various torts that would respond to the disruption of intentional conception, contraception, gestation and childbirth, where those intentions are thwarted because of the negligence of professionals employed to assist or guide consumers of their services in reaching their reproductive goals.


Formalist Textualism And The Cernauskas Problem, Larry Alexander Dec 2021

Formalist Textualism And The Cernauskas Problem, Larry Alexander

The Journal of Contemporary Legal Issues

In a recent article, Tara Grove distinguishes between what she calls “formalist textualism” and “flexible textualism.” Formalist textualism is really another term for literalism, in which statutory and constitutional language is given its semantic meaning—presumably its meaning at the time of enactment—in its “semantic context.” Grove illustrates the latter by pointing out that the phrase “domestic violence” appears in a statute that also mentions “insurrection,” thus suggesting that domestic violence there refers to acts similar to insurrection rather than to spousal abuse.

Flexible textualism, on the other hand, looks beyond the semantic meaning of the text and its semantic context …


Gratitude For Family, Friends, And Traditions, December 16, 2021, Tisa Mason Ed.D. Dec 2021

Gratitude For Family, Friends, And Traditions, December 16, 2021, Tisa Mason Ed.D.

Heart of a Tiger Columns

No abstract provided.


Legal Education Reform In Africa: Time To Revisit The Two-Tier Legal Education System, Okechukwu Oko Dec 2021

Legal Education Reform In Africa: Time To Revisit The Two-Tier Legal Education System, Okechukwu Oko

University of Miami International and Comparative Law Review

The two-tier legal education system has become increasingly ineffective by virtue of the evolution of changes in legal practice and Africa’s unique conditions and circumstances. The problem is rooted in the fact that some African countries adopted the two-tier legal education system on the assumption that what worked in Britain offered a prescription for success in Africa. However, the two-tier legal education system has been ineffective in Africa because the infrastructure—pupilage, apprenticeship, continuing legal education—that complements and anneals it is not widely available in Africa. Where these elements exist, they tend to be frail and unreliable. Africa’s urgent challenge is …


Pandemic Highlights Importance Of Uab/Ascension St. Vincent's Alliance, Uab Heersink School Of Medicine News Dec 2021

Pandemic Highlights Importance Of Uab/Ascension St. Vincent's Alliance, Uab Heersink School Of Medicine News

Browse All News

No abstract provided.


Longest-Term Covid Patient Goes Home, Uab Heersink School Of Medicine News Dec 2021

Longest-Term Covid Patient Goes Home, Uab Heersink School Of Medicine News

Browse All News

No abstract provided.


Planned Endowed Chair Gifts To Advance Alzheimer's And Als Programs, Uab Heersink School Of Medicine News Dec 2021

Planned Endowed Chair Gifts To Advance Alzheimer's And Als Programs, Uab Heersink School Of Medicine News

Browse All News

No abstract provided.


A Case Study Of The Conflicts Experienced By Staff Nurses In A Medical-Surgical Setting, Susan J. Stocker Dec 2021

A Case Study Of The Conflicts Experienced By Staff Nurses In A Medical-Surgical Setting, Susan J. Stocker

Dissertations

The United States is currently facing an unprecedented nursing shortage. The current shortage is being driven by much broader factors than previous shortages (Kimball & O'Neil, 2002). Efforts to deal with this impending crisis have focused on recruiting individuals into nursing with very little attention paid to retention. Job conflict among staff nurses has a significant inverse relationship with the level of job satisfaction (Gardner, 1992). Few research studies have examined the nature of conflict in nursing.

This case study sought to identify and describe the experiences of registered nurses in an acute care medical-surgical setting in order to identify …


It Is Always The Monkey On My Back: The Diagnosis Of Cirrhosis, Mary Tiberg Dec 2021

It Is Always The Monkey On My Back: The Diagnosis Of Cirrhosis, Mary Tiberg

Dissertations

A significant current challenge in health care today is meeting the needs of a population that has chronic disease, especially for those that have a health condition with a life threatening long -term outcome (Falkenstern, et al., 2005). In these health illness transitions, when there are no secure expectations, there are the additional burdens of enduring emotional unease, facing the closing stages of physical stamina, and confronting an indeterminate future. The objective of this study was to explore and describe the experience of those individuals who have been diagnosed with cirrhosis, which marks the beginning of end stage liver disease …


Uab Researcher Earns Mcknight Grant To Study Underpinnings Of Addiction, Alicia Rohan Dec 2021

Uab Researcher Earns Mcknight Grant To Study Underpinnings Of Addiction, Alicia Rohan

Browse All News

No abstract provided.


Nurse Plays Pivotal Role In Combating Overdose Deaths Through New Naloxone Initiative, Adam Pope Dec 2021

Nurse Plays Pivotal Role In Combating Overdose Deaths Through New Naloxone Initiative, Adam Pope

Browse All News

No abstract provided.


The Effects Of A Music Therapy Intervention On Agitation In People With Dementia, Martha Aslakson Dec 2021

The Effects Of A Music Therapy Intervention On Agitation In People With Dementia, Martha Aslakson

Dissertations

The purpose of this dissertation study was to test the effectiveness of a music therapy intervention for reducing agitation and improving engagement and function in people with dementia. Using a convenience sampling method, 40 nursing home residents were selected to participate in the study. Data were collected using a demographic form, the Mini-Mental State Examination, an engagement variable coding form, a Functional Behavioral Profile, and the Wisconsin Agitation Inventory. The residents had an average age of 86 years, had lived in the facility an average of 28 (±4.3) months, were predominantly White (95%), and were predominantly women (90%). The design …


Cardozo Law News Brief: December 16, 2021, Benjamin N. Cardozo School Of Law Dec 2021

Cardozo Law News Brief: December 16, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

  • Jessica Roth
  • Kathryn Miller
  • Deborah Pearlstein

Campus News:

  • Cocktails & Conversation Event Raises Funds for Scholarships


Selective Oxidation Of Alkenes In Air Catalyzed By Mn3o4 Nanoparticles, Brojo Kishor Shachib Dhali Dec 2021

Selective Oxidation Of Alkenes In Air Catalyzed By Mn3o4 Nanoparticles, Brojo Kishor Shachib Dhali

Dissertations and Theses

Catalytic oxidation is a process where compounds are oxidized using catalysts. Solid catalysts exhibit several advantages over homogeneous systems, such as catalyst recovery and excellent stability. Various supported transition-metal oxides (for example: CuO, ZnO, CeO2, Fe2O3 and WO3), metal nanoparticles (for example: Pd and Ru) and polyoxometalate clusters (for example: [W10O32]4-, [Mn2ZnW(ZnW9O34)2]10- and [XW12O40]n- (X = P, Si)) have been applied to selective oxidation of organic compounds, but high associated product conversion still remains a challenge. Recently, a number of materials containing Mn3O4 have been used successfully in different catalytic applications, such as degradation of phenols, reduction of nitrobenzenes, and …


Does Digital Literacy Empower Adolescent Girls In Low- And Middle-Income Countries: A Systematic Review, Salima Meherali, Komal Abdul Rahim, Sandra Campbell, Zohra S. Lassi Dec 2021

Does Digital Literacy Empower Adolescent Girls In Low- And Middle-Income Countries: A Systematic Review, Salima Meherali, Komal Abdul Rahim, Sandra Campbell, Zohra S. Lassi

School of Nursing & Midwifery

Background: The vast majority (90%) of the world's adolescents aged 10-19 live in low- and middle-income countries (LMICs); and in those resource-limited settings, girls face distinct challenges across multiple health, social, and economic domains. Gender equality and girls' empowerment are key goals in their own right and are central to all other development goals. Digital literacy is a great enabler for the empowerment of young girls. This systematic review aims to assess the range and nature of digital literacy interventions implemented to empower adolescent girls in LMICs and identify evidence about adolescent girls' access and use of digital technologies in …


College Of Education News, Georgia Southern University Dec 2021

College Of Education News, Georgia Southern University

College of Education News

  • Georgia Southern University Commencement Speech by Cherie Dennis


A Distance-Based Clustering Framework For Categorical Time Series: A Case Study In Episodes Of Care Healthcare Delivery System, Lauren Staples Dec 2021

A Distance-Based Clustering Framework For Categorical Time Series: A Case Study In Episodes Of Care Healthcare Delivery System, Lauren Staples

Doctor of Data Science and Analytics Dissertations

Understanding how compensation structures influence overall healthcare costs is a central issue in health economics. Episodes of Care (EoC) is a compensation structure that bundles payments for healthcare interventions that belong to a well-defined health event. Since the variation of clinical pathways can drive the cost of healthcare, this research uses sequences of medical billing codes in Perinatal Episodes of Care claims data to study the extent of that variation by equating it to the number of reproducible clusters found. This research proposes a methodological framework to detect reproducible clusters in an unsupervised problem where the true number of clusters …


2021-December-16-College Of Nursing, Student Group Promote Men In Nursing Profession, University Marketing And Communication, East Tennessee State University Dec 2021

2021-December-16-College Of Nursing, Student Group Promote Men In Nursing Profession, University Marketing And Communication, East Tennessee State University

ETSU News

SEVIERVILLE, Tenn. (Dec. 16, 2021) – Jacob Nelson’s parents owned and operated a hardware store in his hometown of Soddy-Daisy, Tennessee, but rather than follow their footsteps into the family business, he always felt driven to provide a different kind of service to the community.

Nelson once thought he might become a physician, but decided that he wanted a different type of interaction with patients. Today, the U.S. Navy veteran and the first in his family to attend college is a senior pursuing a Bachelor of Science in Nursing (BSN) degree at East Tennessee State University’s Sevierville campus.

“I …


2021-December-16-Reece Museum Featuring 'Appalachian Dream Mechanics: Twenty Years Of Art', University Marketing And Communication, East Tennessee State University Dec 2021

2021-December-16-Reece Museum Featuring 'Appalachian Dream Mechanics: Twenty Years Of Art', University Marketing And Communication, East Tennessee State University

ETSU News

JOHNSON CITY, Tenn. (Dec. 16, 2021) – East Tennessee State University’s Reece Museum in cooperation with Grey Carter-Objects of Art, will present “Appalachian Dream Mechanics: Twenty Years of Art by JJ Cromer.” Carter will curate this exhibition, which will be on display from Jan. 10-March 11 in 2022. A reception is planned for Thursday, March 3, from 5-7 p.m.

"Scorches Made the Outing More Exciting" by JJ Cromer


“Appalachian Dream Mechanics” features drawings and paintings that explore the artistic journey of JJ Cromer, a self-taught artist and Appalachian native from southwest Virginia. For over 20 years, Cromer has been …


2021-December-16-College Of Nursing, Student Group Promote Men In Nursing Profession, University Marketing And Communication, East Tennessee State University Dec 2021

2021-December-16-College Of Nursing, Student Group Promote Men In Nursing Profession, University Marketing And Communication, East Tennessee State University

ETSU News

SEVIERVILLE, Tenn. (Dec. 16, 2021) – Jacob Nelson’s parents owned and operated a hardware store in his hometown of Soddy-Daisy, Tennessee, but rather than follow their footsteps into the family business, he always felt driven to provide a different kind of service to the community.

Nelson once thought he might become a physician, but decided that he wanted a different type of interaction with patients. Today, the U.S. Navy veteran and the first in his family to attend college is a senior pursuing a Bachelor of Science in Nursing (BSN) degree at East Tennessee State University’s Sevierville campus.

“I …


2021-December-16-Reece Museum Featuring 'Appalachian Dream Mechanics: Twenty Years Of Art', University Marketing And Communication, East Tennessee State University Dec 2021

2021-December-16-Reece Museum Featuring 'Appalachian Dream Mechanics: Twenty Years Of Art', University Marketing And Communication, East Tennessee State University

ETSU News

JOHNSON CITY, Tenn. (Dec. 16, 2021) – East Tennessee State University’s Reece Museum in cooperation with Grey Carter-Objects of Art, will present “Appalachian Dream Mechanics: Twenty Years of Art by JJ Cromer.” Carter will curate this exhibition, which will be on display from Jan. 10-March 11 in 2022. A reception is planned for Thursday, March 3, from 5-7 p.m.

"Scorches Made the Outing More Exciting" by JJ Cromer


“Appalachian Dream Mechanics” features drawings and paintings that explore the artistic journey of JJ Cromer, a self-taught artist and Appalachian native from southwest Virginia. For over 20 years, Cromer has been …


Characterization Of Landfill Leachate For Enhanced Metal Recovery, Hanna Fulford, Amisha Shah, Inez Hua, Nadezhda Zyaykina, Lori Hoagland, Alejandro Rodriguez Sanchez, Umut Bicim Dec 2021

Characterization Of Landfill Leachate For Enhanced Metal Recovery, Hanna Fulford, Amisha Shah, Inez Hua, Nadezhda Zyaykina, Lori Hoagland, Alejandro Rodriguez Sanchez, Umut Bicim

Discovery Undergraduate Interdisciplinary Research Internship

Landfills contain a trove of valuable materials, such as critical, precious, and rare earth metals, that are integral to the United State’s economy and national security. The leachate that filters through landfills picks up these materials, which allows for the possibility of recovery. For this research, samples will be analyzed from landfills throughout the Midwestern United States to provide a baseline on water quality constituents, elements present, and microbial activity. Preliminary data for this study was acquired by analyzing samples of landfill leachate from a landfill in northern Indiana. pH readings indicate that the leachate is slightly basic. It also …


Advancing Cell-Free Protein Synthesis Systems For On-Demand Next-Generation Protein Therapeutics And Clinical Diagnostics, Emily Ann Long Zhao Dec 2021

Advancing Cell-Free Protein Synthesis Systems For On-Demand Next-Generation Protein Therapeutics And Clinical Diagnostics, Emily Ann Long Zhao

Theses and Dissertations

Recombinant proteins have many medical and industrial applications, but their use is complicated by commercial production and stability constraints. These issues are particularly challenging for recombinant proteins used in pharmaceutical therapeutics and clinical diagnostics. Expensive production and distribution limit the accessibility of therapeutics and diagnostics especially in the developing world. Additionally, clinical use of recombinant proteins face further challenges within biological systems including biological degradation and immunogenicity. To increase the accessibility of recombinant proteins, the cost and inefficiencies of protein manufacturing and distribution need to be significantly reduced. A powerful tool to aid in this endeavor is cell-free protein synthesis …


Utilizing Isothermal Titration Calorimetry For Measuring Beta-Galactosidase Activity In Liquid Dairy Products, Eliza Anne Brock Dec 2021

Utilizing Isothermal Titration Calorimetry For Measuring Beta-Galactosidase Activity In Liquid Dairy Products, Eliza Anne Brock

Theses and Dissertations

This research explores Isothermal Titration Calorimetry as a method for measuring beta-galactosidase activity directly and continuously in milk, sweet whey, sweet whey permeate, acid whey, and acid whey permeate. Beta-galactosidase in various concentrations was injected into each of the liquid dairy products spiked with lactose to verify if the heat rate from the enzymatic reaction could be observed. In addition, a consistent concentration of beta-galactosidase was injected into various concentrations of lactose in the products, to observe the heat rates from the enzymatic reaction. There was exothermic activity that never returned to baseline demonstrated in milk, sweet whey, and sweet …


Using Facies Analysis And Reservoir Characterization Of The Albian-Cenomanian Nanushuk Formation To Assist In Better Understanding Interactions Between Shoreface, Deltaic, And Fluvial Systems On The North Slope, Alaska, Andrea Smoot Dec 2021

Using Facies Analysis And Reservoir Characterization Of The Albian-Cenomanian Nanushuk Formation To Assist In Better Understanding Interactions Between Shoreface, Deltaic, And Fluvial Systems On The North Slope, Alaska, Andrea Smoot

Theses and Dissertations

The Albian-Cenomanian Nanushuk Formation located on the North Slope of Alaska is the result of fluvial, deltaic, and shoreface processes and has been the focus of recent petroleum exploration activity in the Colville Basin. The Nanushuk and underlying Torok formations together contain an estimated 8.7 billion barrels of oil and 25 trillion cubic feet of natural gas reserves within the resource-rich North Slope. The Nanushuk Formation is composed of sediment sourced from the Chukotka Peninsula to the west and deposited axially within the Colville Basin. High sedimentation rates led to rapid progradation of shoreface and deltaic systems, which effectively filled …


Front Matter And Table Of Contents Dec 2021

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.