Vicente Fox\u27s Inaugural Address: A Comparative Analysis between the Generic Characteristics of the United States and Mexico

A thesis presented to the faculty of the Caudill College of Humanities at Morehead State University in partial fulfillment of the requirements for the Degree of Master of Arts by David Tarvin on April 1, 2008

The Rhetorical Strategies of Don Quixote and Sancho Panza

This dissertation explores the rhetorical components of the famous novel Don Quixote by Miguel de Cervantes. Cervantes’ novel continues to be celebrated around the world four hundred years later. His two main protagonists epitomize opposite virtues, but their love for one another, and the promise of an ínsula, creates a bond that overcomes their differences. Don Quixote, the mad knight, values lofty ideas idealized in chivalric romance. Conversely, Sancho, the simple squire, values tangible materials he can see and touch in his own life. While the two characters first appear to be contrary in nature, by the journey’s end, as displayed in their speeches, have grown and learned from one another. Analyzing how these two rhetors develop throughout the course of the novel is the aim of this dissertation. By developing their models, I show the essence of their rhetorical strategies as example for real life practice. Literature provides what Kenneth Burke calls “an equipment for living.” On the one hand, the essence of Don Quixote’s rhetoric romantically transcends tragic situations inspiring heroic action to provide catharsis and experiences for learning. Readers can use his failures and successes as equipment for living, as he stubbornly challenges opposition and never backs down. On the other hand, Sancho’s rhetoric prudently imitates those around him, transcending lofty ideas into grotesque realism. He is the perfect sidekick: loyal, compassionate, critical, and funny. Both Don Quixote’s and Sancho’s rhetorical strategies act as resources for approaching changes in society. Coupled together, the persuasive skills of Don Quixote and Sancho Panza provide great insight for students of rhetoric as these two characters create rhetorical strategies for confronting impious change in society

The Privilege Against Self-Incrimination in Bankruptcy and the Plight of the Debtor

An innocent debtor, who is either ignorant of her constitutional right to the privilege against self-incrimination or ineffectual in asserting it, may find herself wrongfully convicted and imprisoned in a criminal matter, due to unwitting complicity in the delivery of testimony or documents in her bankruptcy case. This lack of understanding poses a serious risk to debtors, and especially affects the increasing number of pro se debtors in bankruptcy. The privilege extends to debtors in bankruptcy proceedings. However, a debtor who fails to properly invoke the privilege waives her rights. This possibility is made more probable because there is no requirement that she be told about the privilege prior to filing or interrogation. Without any requirement of notice, there is no application of the exclusionary rule in civil proceedings. In short, the privilege must be invoked through an unambiguous assertion in bankruptcy, or it is lost. For this reason, the Court, under its rulemaking authority, should adopt a revised Official Form B201A for use in consumer bankruptcy cases, to ensure the just determination of every case and protect the debtor’s privilege. The revised form would provide pre-filing notice, in writing, of the privilege against self-incrimination. To accomplish this, the Judicial Conference of the United States should promulgate the proposed form pursuant to its rulemaking authority. This form would serve to make the debtor aware of the privilege prior to filing and the consequences of invocation and waiver, so that the privilege would not be lost through ignorance, inadvertence, or lack of competent counsel. This article has four parts. Part I analyzes the scope and application of the privilege and distinguishes the privilege in bankruptcy from its counterpart in the custodial setting. Part II examines the increased risk to the pro se debtor and the value of the privilege both to the truly innocent who are seemingly guilty and the presumptively innocent regardless of guilt. Part III explores the plight of the debtor under current law and explains the risk of nondisclosure of the privilege. Finally, Part IV proposes a change in the language of Official Form B201A to alleviate the problems caused by nondisclosure. In short, the author’s thesis is that only through the pre-filing delivery of notice will the debtor\u27s right to the privilege be meaningful

Decision Making Models in 2/2 Time: Two Speakers, Two Models (Maybe)

Our students have to learn so many new skills to be successful in law school and law practice. Legal research, client interviewing, and case analysis just for starters. Our teaching methods have to engage our students while preparing them to “think like a lawyer.” We also have the responsibility to familiarize students in evaluating the “benefits and risks associated with relevant technology” and to develop efficient practices and processes. The speakers will look at decision making models that are practical and useable.One speaker will discuss his experiences in a clinical setting using decision trees, teaching his students to visualize the questions, the potential responses, and the citations of legal authority in a logical sequence. The benefits of the decision tree in the clinical setting include protection of clients from injury through professional error and assistance to the clinical faculty in supervision but other benefits include indoctrination of attorneys regarding critical issues in legal analysis, improvement of risk management, promotion of access to justice, fostering judicial economy, and helping to rehabilitate and reclaim the professional image of lawyers. He will discuss the development and content of the decision tree prototype.The second speaker will address the use of mind maps in teaching legal research. Teaching students about finding cases and statutes is not the most exciting of topics. We still use research plans and pathfinders. This is not how we effectively engage our students. While mind mapping is not new, using the technique to teach legal research and analysis is, and it may just bring a little zing to the classroom. The speaker will examine the upsides and yes, downsides, to adopting mind mapping in the classroom, and review current products and services, free and for fee

A-Site and B-Site Order in (Na\u3csub\u3e1/2\u3c/sub\u3eLa\u3csub\u3e1/2\u3c/sub\u3e)(Mg\u3csub\u3e1/3\u3c/sub\u3eNb\u3csub\u3e2/3\u3c/sub\u3e)O\u3csub\u3e3\u3c/sub\u3e Perovskite

(Na1/2La1/2)(Mg1/3Nb2/3)O3 undergoes a series of phase transitions that involve cation order on the A- and B-sites of the parent perovskite structure. At high temperatures both sites contain a random distribution of cations; below 1275°C a 〈111〉 layering of Mg and Nb leads to the formation of a 1:2 ordered structure with a monoclinic supercell. A second transition was observed at 925°C, where the Na and La cations order onto alternate A-site positions along the 〈001〉 direction of the parent subcell. By quenching samples from above 1275°C to preserve the disorder on the B-site, a fourth variant of this compound was obtained by inducing A-site order through a subsequent anneal at 900°C. Although the changes in structure do not produce significant alterations in the relative permittivity (εr ~ 35), they do have a significant effect on the value of the temperature coefficient of the capacitance

It Isn\u27t Always Sexy When Both are Bright and Shiny: Considering Alternatives to Sexual Selection in Elaborate Monomorphic Species

Since the dawn of abstract thinking, humans have wondered about the seemingly unnecessary elaborate ornamentations of birds. Gaudy colours, cumbersome tails, complex vocalizations and bizarre displays are found in bird species from all corners of the globe. Darwin (1871) provided an elegant explanation for the existence of these non-utilitarian traits: they increase mating success, and although they may impair survival, the costs of producing and bearing elaborate ornaments can be repaid in the currency of additional offspring. Darwin’s model still serves as the foundation for our concept of sexual selection but great strides have been made in our understanding of sexual selection processes since his time (e.g. Zahavi 1975, 1977, Lande 1980, Hamilton & Zuk 1982, Kirkpatrick 1982, Grafen 1990, Andersson 1994). The great majority of work to date has focused on species in which males alone are elaborately ornamented. Far less has been published on the function of ornaments that are expressed in both sexes (Kraaijeveld et al. 2007), a condition sometimes termed ‘elaborate monomorphism.’ As such, the question remains whether the strong generalizations that we make regarding male ornamentation also apply to species in which both sexes are ornamented

An Economic Evaluation of Cattle Supplies and Slaughter Plant Capacity in New York and the Northeast Region

A.E. Res. 82-1