Identifying the Potential Advantages and Disadvantages of Creating a Separate Foundation for Development at the University of Kentucky

Statement of Issue The question of whether or not the University of Kentucky should create a legally independent, institutionally related foundation to receive, hold, invest, and administer the private gift support of the University has been an ongoing debate between UK administrators for many years. This study seeks to identify the potential advantages and disadvantages of creating such a foundation by: (1) conducting a qualitative analysis consisting of personal interviews with officials from the University of Kentucky, the University of Louisville, Western Kentucky University, and Murray State University; and (2) conducting a quantitative regression analysis to determine whether or not there is a significant statistical relationship between the presence of such a foundation and (a) total dollars raised, and (b) endowment investment performance. Key Findings from Qualitative Analysis Without a separate foundation, UK is able protect private gift funds from state budget cuts. Without a separate foundation, UK is able to legally offer and protect donor confidentiality. UK is no less flexible in its ability to invest private gift funds than other state universities that manage their endowments through separate foundations. A separate foundation would allow UK to bypass time-consuming state regulations associated with accepting and selling real property donations. Although such occurrences are rare, separate foundations pose the risk of creating accountability problems for public universities. Key Findings from Quantitative Analysis No significant statistical relationship exists between the Presence or Absence of a Separate Foundation and the dependent variable Total Dollars Raised—3-Year Average at public research/doctoral universities. No significant statistical relationship exists between the Presence or Absence of a Separate Foundation and the dependent variable Percent Increase/Decrease in Total Endowment from 2002-2003 at public research/doctoral universities. Conclusion The absence of a separate foundation at UK is not related to its fundraising performance as measured by 1) total dollars raised and 2) percent growth in endowment. UK has most of the flexibility that separate foundations have in receiving, investing, and administering private gift support. Only one potential advantage was identified regarding the creation of a separate foundation at UK: the ability to accept and sell real property gifts more expeditiously. Because this advantage involves bypassing state laws that are grounded in the need for oversight of public resources, it raises numerous practical and ethical concerns. I therefore recommend that UK abstain from creating a separate foundation

The Untenable Stricture: Pre-Mitigation Measurement Serves To Deny Protection Under the Americans With Disabilities Act

In order to secure equality and these inalienable rights, the people of the United States have established a constitution, amendments thereto, and supporting legislation. Congress sought to insure disabled individuals equality in the workplace through the enactment of the Rehabilitation Act of 1973 ( Rehabilitation Act ), specifically, section 504 ( section 504 ) and Title I of the Americans with Disabilities Act ( ADA ). Congress intended that these Acts create opportunities for the disabled and reduce the discrimination, whether expressed or not, faced by an isolated group of individuals in the population. This Comment questions some courts\u27 interpretation and application of these statutes. In particular, it questions the lack of harmony among courts in defining and measuring disabilities and limitations under the ADA and section 504 of the Rehabilitation Act

A POLÍTICA DO BARROCO EM OSMAN LINS: A ESCRITURA DA VIOLÊNCIA E O ORNATO

Partindo das recentes discussões sobre o Boom latino-americano, este ensaio examina a poética barroca do escritor brasileiro Osman Lins, a fim de delinear um novo arcabouço para o exame da política e do impasse da literatura no Brasil durante os anos 1960 e 1970. Em minha análise do intensamente experimental “Retábulo de Santa Joana Carolina” (1966), lanço luz sobre os meios pelos quais Lins combina múltiplos regimes de signos como o teatro, as artes visuais e a cantiga medieval, para se defrontar com a violência estrutural de exploração e subalternidade no Nordeste brasileiro. Consequentemente, analiso como a poética barroca de Lins negocia a violência e a autoridade por meio de conjuntos enunciativos que são antirrepresentacionais e antiliterários. Concluo mostrando como a subalternidade no Brasil é imaginada pela literatura de modo alternativo - não tanto como objeto da ideologia, mas como uma figura de tensão para uma nova palavra poética e política

The Limits of the Letter: The Politics of Representation and Margins in Latin American Vanguard Writings of the 1950s and 60s

Throughout this study, I theorize and explore the consequences of the self-reflexive text in the literary writings of João Cabral de Melo Neto, Osman Lins, and David Viñas. I argue that what unites these writers is not solely the context of neocolonialism and underdevelopment in the 1950s and 60s in Brazil and Argentina but the properly vanguard problem and gesture of mediating the present and politics, as I trace in their theoretical writings, letters and literary texts their shared concern with making literature relevant, functional and dynamic in a public sphere in crisis. If I contextualize these writers in their historical moments and provide close readings of their works, I also localize and extract from their projects concrete problems and formulations that I deem productive for the study of literature today, and in order to place these historically engaged and dynamic literary projects in dialogue with some of the more pressing debates in the field of contemporary Latin American Studies such as the crisis of literature, the politics of aesthetics, the rise of the neoliberal city, the legacy of the Boom and literary vanguardism, the Neo-Baroque, and the ongoing problems of subalternity, Eurocentrism, and representation. In dialogue with the Latin American Subaltern Studies Group and thinkers such as José Rabasa, Alberto Moreiras, Severo Sarduy, Jacques Rancière, Gilles Deleuze, and Alain Badiou, my study links the Subaltern Studies Group to a different line of theoretical questioning and examines how the writings of Cabral, Lins, and Viñas ultimately articulate self-reflexive and challenging proposals concerning the vanguard functions of literature and literature's difficult relationship to subalternity and the political field in a neocolonial context

The Untenable Stricture: Pre-Mitigation Measurement Serves To Deny Protection Under the Americans With Disabilities Act

In order to secure equality and these inalienable rights, the people of the United States have established a constitution, amendments thereto, and supporting legislation. Congress sought to insure disabled individuals equality in the workplace through the enactment of the Rehabilitation Act of 1973 ( Rehabilitation Act ), specifically, section 504 ( section 504 ) and Title I of the Americans with Disabilities Act ( ADA ). Congress intended that these Acts create opportunities for the disabled and reduce the discrimination, whether expressed or not, faced by an isolated group of individuals in the population. This Comment questions some courts\u27 interpretation and application of these statutes. In particular, it questions the lack of harmony among courts in defining and measuring disabilities and limitations under the ADA and section 504 of the Rehabilitation Act

The Limits of the Letter: The Politics of Representation and Margins in Latin American Vanguard Writings of the 1950s and 60s

Throughout this study, I theorize and explore the consequences of the self-reflexive text in the literary writings of João Cabral de Melo Neto, Osman Lins, and David Viñas. I argue that what unites these writers is not solely the context of neocolonialism and underdevelopment in the 1950s and 60s in Brazil and Argentina but the properly vanguard problem and gesture of mediating the present and politics, as I trace in their theoretical writings, letters and literary texts their shared concern with making literature relevant, functional and dynamic in a public sphere in crisis. If I contextualize these writers in their historical moments and provide close readings of their works, I also localize and extract from their projects concrete problems and formulations that I deem productive for the study of literature today, and in order to place these historically engaged and dynamic literary projects in dialogue with some of the more pressing debates in the field of contemporary Latin American Studies such as the crisis of literature, the politics of aesthetics, the rise of the neoliberal city, the legacy of the Boom and literary vanguardism, the Neo-Baroque, and the ongoing problems of subalternity, Eurocentrism, and representation. In dialogue with the Latin American Subaltern Studies Group and thinkers such as José Rabasa, Alberto Moreiras, Severo Sarduy, Jacques Rancière, Gilles Deleuze, and Alain Badiou, my study links the Subaltern Studies Group to a different line of theoretical questioning and examines how the writings of Cabral, Lins, and Viñas ultimately articulate self-reflexive and challenging proposals concerning the vanguard functions of literature and literature's difficult relationship to subalternity and the political field in a neocolonial context