Letter Written by Katherine Trickey to Her Folks Dated April 14, 1945

[Transcription begins] 14 Apr 45 11.45 AM. Dear Folks, ½ hr to go. I have the afternoon off. I just don’t feel like working this last half hour. I got your letter written on your birthday, Mother, last night. I’m glad the flowers were OK. I didn’t know what would be in season so ordered just a mixed bouquet. We have all been rather stunned at the News of the President’s death. It was so unexpected to most of us, although of course, his last newsreel picture showed his condition. There were memorial parades for some of the battalions this morning and short memorial services near the offices. Many of the girls are quite broken up over the news as they really worshipped him. I do feel that this is a very unfortunate thing to have happen right now, but, of course, I believe there are other Americans capable of running the country. It is sunny & warm out and looks as if it would be a fine week-end. I expect we’ll go somewhere but haven’t made plans yet. The Little Theater play was not as good a perfomance as usual this time. Much more of an amateurish performance – but it was fun. Capt Stokes couldn’t go after she had planned to as she was getting ready to go today for 3 weeks schooling at an Advanced Officers Course at the University of Perdue, Indiana. She offered me the use of her car, however, and it was a great help not having to catch a bus either way. Lucky I had had my license renewed. Stayed home last night and washed clothes and cleaned out my foot locker. The news is good isn’t it? Shouldn’t be much longer in Europe seems as if. Love Kay [Transcription ends

Morally Respectful Listening and its Epistemic Consequences

What does it mean to listen to someone respectfully, that is, insofar as they are due recognition respect? This paper addresses that question and gives the following answer: it is to listen in such a way that you are open to being surprised. A specific interpretation of this openness to surprise is then defended

CISG Article 79: Exemption of Performance, and Adaptation of Contract Through Interpretation of Reasonableness－Full of Sound And Fury, but Signifying Something

Article 79 of the CISG provides that “[a] party is not liable for a failure to perform any of his obligations” if the party has encountered a certain impediment defined therein. It was once depicted as “the Convention’s least successful part of the half-century of work.” It has been thirty years since the CISG took effect. However, the interpretation of Article 79 is as old and unsuccessful as ever. For one thing, it has long been interpreted against our intuition, not to exempt a party from specific performance claims. For another, the controversy has long continued unsettled over whether a party could be exempted in the so-called “hardship” cases. Lastly, where an event fundamentally alters the equilibrium of the contract because of the increased cost of performance, judges’ power to adapt the contract is urgently desired, but no reasonable basis in provisions of the CISG has been suggested. This article demonstrates that (1) Article 79 as a rule exempts a party from specific performance claims, (2) the so-called “hardship” cases are within the ambit of Article 79, and that (3) judges can adapt contracts through what this author terms a “reasonable expectation test.