The Performance of 16th-Century Music: Learning from the Theorists by Anne Smith

Kenneth Kreitner discusses and reviews Smith\u27s 2011 work. Smith, Anne. The Performance of 16th-Century Music: Learning from the Theo­rists. Oxford: Oxford University Press, 2011. ISBN 978-0-19974261-5

The Rosary Cantoral: Ritual and Social Design in a Chantbook from Early Renaissance Toledo by Lorenzo Candelaria

Kreitner reviews and critiques Candelaria\u27s book

Fault at the Contract-Tort Interface

The formative period in the history of contract and tort (in the second half of the nineteenth century) may be characterized by the cleavage of contract and tort around the concept of fault: tort modernized by moving from strict liability to a regime of no liability without fault, while contract moved toward strict liability. The opposing attitudes toward fault are puzzling at first glance. Nineteenth-century scholars of private law offered explanations for the opposition, reasoning that alternative ideas about fault account for the different character of state involvement in enforcing private law rights: tort law governs liabilities imposed by law on nonconsenting members of society (and thus, it should limit itself to fault-based conduct), while contract law governs bargained-for duties and liabilities of parties who exercise freedom of contract (and thus, liability voluntarily undertaken need not consider fault). These theories are problematic, especially because they cannot offer a complete account of contract or tort. Tort retains too much strict liability to be thought of as a regime of no liability without fault, and contract has too many fault-based rules to be conceived of through strict liability. While these justifications for the distinction between contract and tort were questioned in ensuing generations, they still structure much of the debate over the current boundary between contract and tort

The petrofabrics of aufeis in a turbulent Alaskan stream

Thesis (M.S.) University of Alaska Fairbanks, 1969The growth, form, and decay of ice in turbulent Goldstream Creek, Alaska, has been observed each year since 1964. Overflows which occur throughout the early part of the winter deposit layers of ice (aufeis) upon the pre-existing ice surface. Vertical and horizontal thin sections of the stream ice from the years 1965-66, 1966-67, and 1967-68 were examined and photographed under ordinary and polarized light. The c-axes of the crystals were oriented with a Rigsby four-axis stage and plotted on Schmidt equal-area nets. Examination of photographs and stereograms revealed five basic types of ice in Goldstream Creek: (1) clear, massive, original stream ice composed of elongate, tapered crystals in which the c-axes are primarily horizontal and randomly oriented; (2) bubbly overflow ice layers (aufeis) with horizontal c-axes which are sometimes aligned parallel to the stream flow; (3) skim ice layers with vertical to horizontal c-axis crystals; (4) fine-grained equigranular snow ice; and (5) underwater ice masses of slightly coherent, rounded plates with the c-axes normal to the plates and randomly oriented. During break-up the melt-water flows on top of the stream ice and slowly erodes the ice layers in the stream by a combination of melting and mechanical fragmentation. The layers are eroded away in descending order from the top to the bottom of the stream

Critical values of inner functions

Let $\mathscr J$ be the space of inner functions of finite entropy endowed with the topology of stable convergence. We prove that an inner function $F \in \mathscr J$ possesses a radial limit (and in fact, a minimal fine limit) in the unit disk at $\sigma(F')$ a.e. point on the unit circle. We use this to show that the singular value measure $\nu(F) = \sum_{c \in \text{crit } F} (1-|c|) \cdot \delta_{F(c)} + F_*(\sigma(F'))$ varies continuously in $F$. Our analysis involves a surprising connection between Beurling-Carleson sets and angular derivatives.Comment: 50 page

Economic Analysis in Law

This Essay explores the relationship between normative law and economics and legal theory. We claim that legal theory must account for law’s coerciveness, normativity, and institutional structure. Economic analyses that engage these features are an integral part of legal theory, rather than external observations about law from an economic perspective. These analyses, or economic analysis in law, play a crucial role in understanding the law and in developing legal policy arguments. After establishing economic analysis in law’s terminology, this Essay maps out three contributions of economic analysis in law: prescriptive recommendations in areas amenable to preference satisfaction as a normative criterion, analyzing efficiency as one aspect of a broader normative inquiry, and exposing feasibility constraints. Finally, this Essay turns to an exploration of possibilities for extending economic analysis in law beyond its comfort zone. It suggests that economic analysis might expand into areas where values other than preference satisfaction are or ought to be dominant considerations