582 research outputs found

    Antitrust Injunctions: A Flexible Private Remedy

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    The cost and time required by a treble damage action have traditionally acted as a strong brake to private antitrust enforcement. The author urges consideration by a potential litigant faced with this problem of the advantages of seeking injunctive relief, rather than treble damages; and he points out the special utility of the preliminary injunction. He also proposes some controversial and important possible uses of prior government action in preliminary injunction proceedings

    Antitrust Injunctions: A Flexible Private Remedy

    Get PDF
    The cost and time required by a treble damage action have traditionally acted as a strong brake to private antitrust enforcement. The author urges consideration by a potential litigant faced with this problem of the advantages of seeking injunctive relief, rather than treble damages; and he points out the special utility of the preliminary injunction. He also proposes some controversial and important possible uses of prior government action in preliminary injunction proceedings

    John Cageā€™s ā€˜Rockā€™ Music: Ecocritical and Performance Considerations in Ryoanji for Solo Oboe and Percussion Obbligato (1983)

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    In the years following World War II, several American composers began breaking from the confines of music notation relegated to five lines and four spaces. Of particular interest to this study, John Cage (1912ā€“1992) began liberating his compositions from the restraint posed by traditional notation in 1951 with his work Imaginary Landscape No. 4. He continued to create and develop varying systems of graphic notation with his indeterminate works, which became increasingly influenced by his interest in the environment and in South and East Asian aesthetic and philosophical considerations, themselves environmentally influenced. One of the latest products of Cageā€™s coalescence of Asian aesthetics and graphic notation was Ryoanji for solo oboe with percussion obbligato (1983). Inspired by his visit to the Ryōan-ji dry landscape garden in Kyoto, Japan, Cage created graphic notation for his piece bearing the same name by tracing the contours of fifteen rocks onto modified manuscript staves. Although significant research examines the Asian philosophical and aesthetic influences on John Cageā€™s compositions, and more recent scholarship has examined his works through the lens of ecocritical methodologies, very little critical attention has been given to the ways in which environmentalism informed his compositional process. Furthermore, even less has been given to performance practice considerations in his works. By examining Ryoanji through an ecocritical lens and exploring the impact of Cageā€™s relationship with the natural environment on his compositional process in this piece, this monograph will show that Cageā€™s ecomusicological aesthetic was used to inform his works and specifically this piece. Additionally, this study will offer an ecocritical reading of Ryoanji to illustrate how Cageā€™s environmental considerations could inform performing practices of Ryoanji for Solo Oboe and Percussion Obbligato

    The View

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    Preventing Foreign-Judgment Country Hopping with a New Transnational Recognition and Enforcement Standard

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    Since the 1990s, a group of plaintiffs from Ecuador has been involved in litigation with what is presently the Chevron Corporation. During the lawsuit in Ecuadorā€™s courts, the plaintiffsā€™ lawyers took part in deceptive activities that led to an unreliable judgment against Chevron and has resulted in civil liability for the lawyers and an inability to enforce the judgment against Chevron in the United States for the plaintiff class. Over the better part of the last decade, the plaintiffsā€™ lawyers have sought and failed to enforce the judgment in several countries outside of the United States, leading to a prolonging of the case for all parties involved and no relief of any kind for the members of the plaintiff class. These types of extended country-hopping recognition and enforcement issues can be avoided with transnational standards in assessing foreign judgments, including evidentiary standards for an initial enforcement attempt and a standard of review for subsequent attempts. Having these standards in place would serve to ensure that, in cases with problematically obtained foreign judgments, different jurisdictions would apply standards that could deter any temptation to interfere in proceedings leading to the judgment, especially in vulnerable judicial systems, and give plaintiffs and defendants certainty following an initial denial. In turn, this would serve to promote fairness in foreign judgement enforcement proceedings and lead to a more effective system that helps plaintiffs achieve the justice they deserve while also giving defendants a fair chance to avoid exploitation and abuse

    Dry Branch

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    The Life and Work of H. C. Schwan as Pastor and Missionary

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    The purpose of this thesis is stated in the title, namely, to present asĀ· fully as possible the life and work of H. C. Schwan as pastor and missionary. The scope of this paper does not permit the very absorbing and significant study of a number of other questions. Such studies would include l) a detailed account of Schwanā€™s work as member and officer of Synod, 2) an evaluation of his position on the question or unionism, 3) an analysis of his role in the predestinarian controversy with the Ohio Synod, and 4) a comparative and analytic study of Schwanā€™s original draft of the catechism (1893), the committee-revised product of 1896, and the catechism employed by the Missouri Synod today

    Garber v. Wagonhound Land and Livestock Co., 279 P.3d 525 (Wyo. 2012)

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    Split Rail Fence

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    Sex-linkage in the silver spangled Hamburg fowl

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    Submitted in partial fulfillment of the requirements for the degree of Master of Arts"The results of this experiment show clearly that the spangled pattern of the Silver Spangled Hamburg is inherited as a sex-linked character belonging to the Abraxas type, although the inheritance may be modified by the presence of disturbing factors." -- Page 21.Includes bibliographical references (pages 40-41
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