938 research outputs found

    Sowing with Faith: Immanence and Eternality in the Liberation of Nature

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    Bartholomew applies liberation theology to the destruction of nature occurring under the current free market system. Bartholomew argues for a greater respect for nature by emphasizing the immanence of God. Bartholomew relies on the tradition of God\u27s immanence which stresses the existence of God within and around humanity. God living closely among people implies that God must also live closely with the environment provided for humanity. This establishes a relationship between God and nature. Having a healthy relationship with nature is, therefore, reflective of a healthy relationship with God. An inherent part of treating the environment with care is conscientiousness about consumption. This, Bartholomew makes clear, also makes it easier to provide for the rest of humanity. Humanity\u27s relationship with nature mirrors its relationship God. The interconnectedness of these relationships cannot be escaped, and humanity is challenged by God to be respectful of each aspect. The author argues that this can be enacted in society by creating a new attitude towards the free market one which shows humanity in control of that market, instead of that market being an idol. This would not only allow people to treat the environment with more care, but it would make economic changes like tax reform more palatable

    If There\u27s Nothing Here Then It\u27s Probably Yours: Selling Emo to the Rx Generation

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    V Bar Ranch LLC v. Cotton, 233 P.3d 1200 (Colo. 2010)

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    Managing collegiality: The discourse of collegiality in Scottish school leadership

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    Abstract: In recent years there has been an increasing emphasis on the promotion of collegiality as an impetus for management in Scottish schools. Collegiality is promoted as having the potential to transform teachers and hence education. This study confronts this ambitious claim arguing that the concept of collegiality has suffered from a lack of theoretical and intellectual scrutiny. Collegiality lacks proper understanding as a concept and as a discourse. Terms associated with it are frequently used in perfunctory ways which are inattentive to its conceptual sophistication. This study attends to complications which emerge when we reflect rigorously on what collegiality means, and how it impacts on various organisations, but in particular school management. Current attempts at developing a collegiate culture in schools are underexploiting its potential as a transformative management model. We are not managing to be collegiate in the most normative of understandings because we are not Managing collegiality in ways which take account of its conceptual and discursive complexity. The key research questions are: From where has the discourse of collegiality come and how has it been promoted? Whose interest might the discourse of collegiality serve? The study takes two main approaches in addressing these. It considers collegiality as a concept, focussing on meaning and implications arising from the application of limited understandings of the idea in a variety of organisational contexts. It then draws on continental philosophy to uncover arguments which position collegiality, currently promoted, as a discourse. The dissertation locates key sources of the discourse of collegiality and the politics and practices of its promotion. It explores the interests claimed to be served by collegiality, contrasts these with the interest more likely to be served, before going on to make normative claims about a rehabilitated understanding of collegiality. It identifies current approaches to collegiality more as being technologies for organisational expediency rather than as conduits of the more attractive and normative understandings which could contribute creatively to a more democratic and ‘dialogic’ school organisational culture. In seeking a more creative and potentially transformative conception and practice of collegiality, the study looks at one particular example of a radical reappraisal and critiques this, finding it attractive in some senses but at odds with the parameters within which school managers work. A discussion develops which explores more attractive and normative understandings and casts these before a backdrop of common approaches to the professional practice of school management. The dissertation contributes to a discussion by which popular understandings of collegiality may be rescued to become more befitting the democratic and socially oriented facets of a school, rather than as a managerialist technology, impacting on learners, teachers and the wider constituency of interest in schooling in rather more limited ways. The study defends normative understandings of collegiality as an organisational impetus tailored for professional arenas, but in so doing it defends management as a necessity in organisational contexts characterised by complexity. Collegiality cannot be an alternative to Management. It is an attractive approach for schools which can be managed if Managed appropriately

    reconfiguring James Joyce cities of thisorder and exiled selves

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    UIDB/00183/2020 UIDP/00183/2020 DL 57/2016/CP1453/CT0095 PTCD/FER-FIL/32042/2017In two books (Ulysses and Finnegans Wake), an itinerant-revolutionaryartist-city-dweller created, what I call, chaosmopolitanism. In collidingchaos with order (cosmos), the word “cosmopolitan” for the urbandweller is not sufficient. As is well known, James Joyce is both the localwriter officially dedicating his art to a single city; and the world authorappropriating so many other facets of cities, languages and internationalcultural literary figures and motifs and weaving them into a revolutionaryliterature. In his work, he was a master of expressing the modernexperience on a grand scale of fragmentation, reconfiguration, and thedisorientation and reorientation of space, time and identities in the city;in his life, he moved from one European city to the next: from Dublinto Pula to Trieste to Zurich, and then from Zurich back to Trieste andunto Paris, and then escaping Nazi-occupied Paris to return to Zurich. Isee Joyce’s “chaosmos” as the expression of his art and vision and whichemerges out of experiencing the myth, logos and life of the modern cityand the exiled self of modernity.publishersversionpublishe

    Ladies and Gentlemen

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    This collection of short stories treats of the following diverse themes: the redemptive possibilities for seemingly despicable characters; the ways in which circumstances and the social environment affect characters\u27 sexualities and personal relationships; the lengths to which characters are willing to go to get what they want, which want is often the desire to make contact with others; the struggle between characters\u27 narcissism and their need to come to terms with a new self image, a self image which is often at odds with the one they wish for themselves; and the beauty of vulnerability. Additionally, one of the chief goals of many of these stories is to show the incredible beauty of eccentricity—and not just of any eccentricity, but of a seemingly pernicious, dangerous eccentricity; these stories treat of such characters generously and attempt to redeem these villains of the everyday world

    Predictors of Employee Adherence to Worksite Weight Loss Exercise and Nutrition Program

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    Background: Worksite wellness programs (WWP) are becoming a popular means of addressing the obesity epidemic due to their convenience and potential benefit to insurance costs. Unfortunately, few have been evaluated. GET FIT (GF) is a theory-based, worksite exercise and nutrition program that is designed to prevent and treat obesity. Purpose: Adherence is the primary predictor of success to a weight loss program. This study was designed to identify predictors of: adherence to GF; and weight loss in conjunction with GF. Methods: Data was collected for 175 participants (n = 133 female). The mean age was 44.21 yrs. (+/-12.04). Body weight and body fat % were measured by scale and dual energy x-ray absorpitometry (DEXA) within two weeks of program onset and conclusion. The baseline mean body weight was 184.47 lbs (+/- 40.36) and body fat % was 40.19 (+/- 7.64), with 68% of participants obese due to a body fat % greater than 28% for males and 40% for females. Before beginning, participants completed a three surveys: (1) body satisfaction, (2) exercise, nutrition, and program self-efficacy, and (3) family and friend social support. GF staff recorded attendance for the exercise (3 d/wk) and nutrition (1 d/wk) sessions. Results: Average exercise attendance was 61% (+/- 24) and the average nutrition education attendance was 24% (+/-29). The mean change in weight was -4.42 lbs (+/- 6.95) and the mean change in body fat was -1.88% (+/-2.11). Bi-variate correlations were used to identify significant relationships. Weight change was correlated with exercise attendance (r = -.22, p\u3c.05), nutrition attendance (r= -.24, p\u3c.05), and body satisfaction (r= .26, p\u3c.01). Exercise attendance was correlated with nutrition attendance (r = .36, p\u3c.001). None of the psychological constructs were significantly associated with attendance to either program. Conclusion: Overall, the GET FIT program was successful; with a significant 12-wk weight loss of 4.4 lbs. Attendance at exercise sessions was relatively strong. Attendance at the nutritional sessions was less successful. Surprisingly, neither of these values was associated with their self-efficacy ratings. Despite this, adherence to both the exercise and nutrition sessions was a significant predictor of weight loss. Future research must be conducted to examine maintenance of the weight loss

    Louis Kossuth in America, 1851-1852

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    Of the many visitors who came to America before the Civil War, perhaps the strangest guest was Louis Kossuth, the ex-governor and revolutionist who unsuccessfully rebelled against the Hapsburg monarchy. Such visitors as Lafayette, de Tocqueville, Martineau, Dickens and others came primarily to .America to learn more about our society and political institutions. This was not true in the visit of Louis Kossuth. For the first time since our independence was established, an active, central European militarist was upon our shores

    An Intersystemic View of Intellectual Property and Free Speech

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    Intellectual property regimes operate in the shadow of the First Amendment. By deeming a particular activity as infringing, the law of copyright, trademark, and the right of publicity all limit communication. As a result, judges and lawmakers must delicately balance intellectual property rights with expressive freedoms. Interestingly, each intellectual property regime strikes the balance between ownership rights and free speech in a dramatically different way. Despite a large volume of scholarship on intellectual property rights and free speech considerations, this Article represents the first systematic effort to detail, analyze, and explain the divergent evolution of expression-based defenses in copyright, trademark, and right of publicity jurisprudence. The first part of this Article carefully details the disparate treatment of First Amendment defenses in the three intellectual property regimes. On one side of the spectrum is copyright law. An increasingly broad interpretation of commercial use, a narrow construction of transformative use, and a myopic focus on market harm, combined with a refusal to engage in any sort of independent First Amendment review, have rendered copyright law a feeble protector of free expression. On the other side of the spectrum is recent right of publicity jurisprudence, which routinely invokes the First Amendment and features robust defenses based on “transformativeness” and “newsworthiness.” Somewhere in the middle stands trademark law, offering its own judge-made defenses to immunize expressive conduct but simultaneously closing off those defenses for defendants engaging in commercial or potentially confusing activity. The next part tries to explain why these three regimes accommodate the First Amendment in such different ways. We conclude that the divergence is not the result of careful deliberation, but rather the inadvertent product of different methods and histories of lawmaking. If the divergence does not represent a logical or deliberate choice, reforms are needed. By bringing these different approaches to the First Amendment into relief, we hope to demonstrate how some free speech interests are being shortchanged and we aim to place all three regimes on a stronger theoretical footing

    The Secret Life of Legal Doctrine: The Divergent Evolution of Secondary Liability in Trademark and Copyright Law

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    The recent explosion in intellectual property litigation has witnessed increasing recourse to secondary liability theories. The courts have responded favorably to plaintiffs by enunciating substantial reinterpretations of extant principles, thereby precipitating a veritable secondary liability revolution. Numerous commentators have bemoaned this trend, contending that judicial recasting of liability rules expands intellectual property rights beyond their intended scope, thereby resulting in an overprotective regime that stifles innovation. Yet one of the most striking aspects of the secondary liability revolution has been all but ignored in the literature: While the courts have broadened the scope of secondary liability principles with respect to copyright, no such move has occurred in the trademark arena. This divergence is unusual for several reasons. Secondary theories of liability in both trademark and copyright law share the same origins - the common law of tort and agency - and, in the past, were applied identically regardless of whether a trademark or a copyright was at issue. The case law offers no explanation for why this schism between secondary copyright and trademark has developed. Additionally, modern innovations cannot explain the divide: by facilitating the reproduction of marks and the global distribution of products, digital technology poses just as much of a threat to trademark holders as it does to copyright interests. This Article takes a critical first step in clearing the murky waters of secondary infringement by setting forth and analyzing the divergence between the secondary trademark and copyright liability regimes. We first disaggregate the various theories of secondary liability by analyzing the current law of contributory and vicarious trademark and copyright infringement. As we argue, despite common origins, trademark and copyright law have taken divergent paths over the years. Although many courts have recognized this divergence, they have not carefully parsed out the differences and have blindly accepted the differences without serious scrutiny or rationalization. We then attempt to explain the reasons behind the differences we identify in the two secondary liability doctrines. Specifically, we ask why the courts have created a two-tier system of secondary liability. In so doing, we examine what the divergent path of secondary trademark and copyright liability principles says about the law-making process, the evolution of legal doctrine, and the choices being made between two complementary systems of intellectual property protection. As our analysis reveals, it does not appear that fundamental differences in the nature or origin of trademark and copyright, rational balancing of economic risk-bearing considerations, or notions of romantic authorship can explain this bifurcation. Rather, a panic over copyright infringement in the digital age has beset the courts, causing the injudicious and often uncritical expansion of secondary liability principles in the copyright arena. Finally, we assess the ways in which the existing law of secondary trademark and copyright liability fails to lay a reasonable template for our legal regime\u27s response to complex issues of technological change. The Article concludes by suggesting the direction of future legal literature to determine appropriate reforms to the secondary liability regime
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