1,273 research outputs found
Preserving Indigenous Paradigms in an Age of Globalization: Pragmatic Strategies for the Development of Clinical Legal Aid in China
This Essay uses the experiences of international efforts to promote clinical legal aid in China to explore one such unexpected consequence of globalization: international assistance\u27s understandable focus on more familiar kinds of legal aid institutions and activities can unintentionally impede the development of indigenous legal aid practices and institutions that might ultimately be better suited for the particular domestic environment. Part I of this essay will discuss international efforts to promote clinical legal aid in China, Part II will discuss reductive strategies for promoting legal development and the problems they present, Part III will discuss pragmatic strategies for promoting legal development and Part IV will provide an example from China to demonstrate the superior catalyzing potential inherent in pragmatic developmental strategies. The essay concludes that international development projects need to shift their focus from one of simply replicating successful foreign models (what we will call a reductive strategy) to one of promoting discovery of the indigenous developmental implications and possibilities inherent in the domestic environment (what we will call a pragmatic strategy)
A Dire Need for Legislative Reform
In Section I of this note, I will lay out the several reasons why 18 U.S.C. § 1651 needs reform. I will provide background information on modern day piracy, including its economic impact, and will then break down varying definitions of piracy and their applications in recent cases. I will explore the split in U.S. case law caused by the application of the UNCLOS definition of piracy in Dire, and will identify the quandaries that result from the UNCLOS definition. In Section II, I will address two specific problems stemming from § 1651 that came to light as a result of Dire: first, the inherent vagueness of §1651, which led to the differing interpretations and thus to the split in U.S. case law; and second, the mandatory life sentence conveyed by § 1651. To address these problems, in Section III, I will briefly provide a description of two possible solutions: judicial intervention and legislative reform. In understanding the need to embrace customary international law, and to progressively expand the law beyond the reach of current international norms, I will conclude that while the Fourth Circuit was correct to use a dynamic interpretation when defining piracy in Dire, a legislative amendment to § 1651 is the best means of addressing the aforementioned concerns
Bach's Goldberg variations : a study of technical and stylistic transference to the piano
The Goldberg Variations comprise a unique compilation of Baroque compositional techniques, making great technical demands of the performer. Each variation has its own character and special technical problems for the pianist which have to be overcome before the set can be performed successfully. Several standard eighteenth century practices can be applied on the piano in the performance of the Goldberg Variations, including articulation, arpeggiation, tempo rubato, ornamentation, rhythmic alteration and the relating of tempi from variation to variation. To these can be added the possibility of a wide range of inflectional dynamics not available on the harpsichord, and the optional use of damper and una corda pedals. In this dissertation my endeavour has been to bring under the microscope, so to speak, the harpsichord and piano and their techniques and performance styles in relation to Bach's Goldberg Variations
“Hang Him Decently and in Order”: Order, Politics, and the 1853 Lynching of Hiram, a Slave
Lynching became a visible tool for slaveowners to deal with community regulatory issues, as Zachary Dowdle suggests in this article
Crossing the Orthographic Wall: Mastering Edo-Period Written Japanese
The Small University Research Grant (500), supported participation in a two-week seminar on reading, decoding, and interpreting original texts from the Edo period (c. 1600-1868
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