A Wide Berth for FRCP 52: Application of the Clearly Erroneous Standard of Review in the Admiralty Law Context

In the Admiralty proceeding Frescati Shipping Co. v. Citgo Asphalt Refining Co., an oil tanker within its final approach of its destination on the Delaware River struck an abandoned ship anchor. The anchor punctured the hull of the ship, allowing 263,000 gallons of crude oil to spill from it. In reviewing the trial court’s decision, the U.S. Court of Appeals for the Third Circuit employed the clearly erroneous standard of review. Using this highly deferential standard, the Third Circuit held that the trial court had failed to find facts specially and state its conclusions of law separately, requirements of Federal Rule of Civil Procedure 52(a)(1). In the highly specialized context of Admiralty law, uniformity and consistency are especially necessary. By employing the clearly erroneous standard of review in the Admiralty context, the Third Circuit adequately served the aim of maintaining uniformity of results within a niche area of law

Orphism in the Poetry of Blaise Cendrars

The story of Orpheus has undergone numerous changes in religion and poetry throughout the ages. My essay on Blaise Cendrars is the first study of him in an orphie context. He does not transpose the Orpheus myth directly. Rather, Cendrars contributes to the story of modern orphie poetry by the personal expression he gives to certain orphie concepts and themes. His poetic vision consists of the exploration of his being, the primacy of subjectivity, and the autonomy of the thought processes. Although Cendrars is usually considered an avant-garde poet of the early twentieth century, this article demonstrates that he can be placed in the heritage of Symbolism by the particular use he makes of autonomous thought as a creative means. In this regard, references are made to poems of Mallarmé

A Concise Theoretical Method for Profile-Drag Calculation; Advance Report

In this report a method is presented for the calculation of the profile drag of airfoil sections. The method requlres only a knowledge of the theoretical velocity distribution and can be applied readily once this dlstribution is ascertained. Comparison of calculated and experimental drag characteristics for several airfoils shows a satisfactory agreement. Sample calculatlons are included

A Nontraditional Instructional Model: Examining its Efficacy of Professional Development

The purpose of this study is to examine the efficacy of a nontraditional instructional model developed as a means of professional development, with multi-faceted theoretical and practical knowledge foundations. As the deliverables of the model, a training session and a web application were produced. In this study, the model was applied to 12 in-service teachers in a Canadian education context, using a quasi-experimental, convergent mixed-methods design. Quantitative data were collected with an evaluation questionnaire and analyzed by one sample t-test. Meanwhile, qualitative data were gathered from field notes and analyzed through the interpretive phenomenological analysis (IPA). The model was evaluated as an effective means to increase participants’ teacher efficacy (t(10) = 1.81, P ≦ 0.001). Methodological limitations and recommendations were addressed. The model’s external validity can be further investigated with its application to the wider audience

Basic Requirements for Systems Software Research and Development

Our success over the past ten years evaluating and developing advanced computing technologies has been due to a simple research and development (R/D) model. Our model has three phases: (a) evaluating the state-of-the-art, (b) identifying problems and creating innovations, and (c) developing solutions, improving the state- of-the-art. This cycle has four basic requirements: a large production testbed with real users, a diverse collection of state-of-the-art hardware, facilities for evalua- tion of emerging technologies and development of innovations, and control over system management on these testbeds. Future research will be irrelevant and future products will not work if any of these requirements is eliminated. In order to retain our effectiveness, the numerical aerospace simulator (NAS) must replace out-of-date production testbeds in as timely a fashion as possible, and cannot afford to ignore innovative designs such as new distributed shared memory machines, clustered commodity-based computers, and multi-threaded architectures