The Re-Conception of Cate
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33 UCLA L. Rev. 379 December, 1985
UCLA LAW REVIEW 33 UCLA L. Rev. 379 December, 1985 RULES AND STANDARDS Pierre J. Schlag a1 © 1985 by the Regents of the University of California; Pierre J. Schlag INTRODUCTION Every student of law has at some point encountered the “bright line rule” and the “flexible standard.” In one torts casebook, for instance, Oliver Wendell Holmes and Benjamin Cardozo find themselves on opposite sides of a railroad crossing dispute.1 They disagree about what standard of conduct should define the obligations of a driver who comes to an unguarded railroad crossing. Holmes offers a rule: The driver must stop and look.2 Cardozo rejects the rule and instead offers a standard: The driver must act with reasonable caution.3 Which is the preferable approach? Holmes suggests that the requirements of due care at railroad crossings are clear and, therefore, it is appropriate to crystallize these obligations into a simple rule of law.4 Cardozo counters with scenarios in which it would be neither wise nor prudent for a driver to stop and look.5 Holmes might well have answered that Cardozo’s scenarios are exceptions and that exceptions prove the rule. Indeed, Holmes might have parried by suggesting that the definition of a standard of conduct by means of a legal rule is predictable and certain, whereas standards and juries are not. This dispute could go on for quite some time. But let’s leave the substance of this dispute behind and consider some observations about its form. First, disputes that pit a rule against a standard are extremely common in legal discourse. -
December 2016
Traditional Folk Song Circle goers to hear Potomac Accordion Ensemble December 10 December 2016 Inside this issue: From the President 2 Open Mics 3 Pics from Sunday Open Stage 4 Traditional Folk Song Circle 5 The Songs We Sing 6 Comfortable Concerts 7 Hill Chapel Concert 9 Gear of the Month 10 Pull up a Chair 12 Other Music Orgs of interest 13 Member Ads 14 Open Mic Photos 16 Board of Directors 18 F.A.M.E. Goals 18 Membership Renewal/App 18 Poster art courtesy of Todd C Walker Page 2 From the President I don’t know whose thought this is, but I read somewhere that “music is the wheels of a movement. I know that music made a tremendous difference in the anti- war movement of the 60s as well as the civil rights movement. Music is a powerful force that is often unrecognized. A song has a way of inspiring folks that nothing else comes even close to. We are in need of inspiring songs. One of the roles of a songwriter is not only to reflect on what is happening in the present but also to provide a vision of the future. What is your vision of the future? For some it is nihilistic bleakness – a very cynical response to our world. For others, it is filled with hope – we are somehow going to be able to figure out how we can live together and with all of creation. If you are a performer, I want to challenge you to get out of yourself and add songs that reflect your vision of the future to your repertoire. -
Chapter 4: Dealing with Difficult People and Situations 2 CE Hours
Chapter 4: Dealing with Difficult People and Situations 2 CE Hours By: Elite Staff Learning objectives Describe the physiological reactions that produce the “fight or Define and give examples of very aggressive and very passive flight” response. behavior. Explain the relationship between stress and illness. List some characteristics of active listening and explain its purpose. Introduction You have probably worked with at least one or two “difficult” individuals coworkers. Even if you try to hide dissatisfaction or frustration from in your career; anyone who makes your life more complicated or stressful your superiors, coworkers and clients, this kind of stress can build up, by creating and including you in situations you would like to avoid. and it is possible to sense the negative energy in your environment, as Difficult people tend to contribute to a negative atmosphere. They may well as be affected by it. have poor work habits or social skills. Difficult people are likely to Everyday we encounter difficulties and negative responses in others. complain when their business is too busy and when it’s too slow. They What should we do when confronted by difficult people who are a pain may be petty and gossipy, start rumors, or repeat unhelpful comments. to deal or work with? You may try to reason with the person, ignore Difficult people may talk too much, be loud, rude and physically the behavior, or respond in kind – someone launches into you; you imposing. They may be verbally or physically abusive. They may be launch back. But this brings you no closer to a solution and may make sulky or give you “the silent treatment.” They may be bullies or nags. -
Brave New World: Technology and Tort Practice
University of California, Hastings College of the Law UC Hastings Scholarship Repository Faculty Scholarship 2021 Brave New World: Technology and Tort Practice Richard L. Marcus UC Hastings College of the Law, [email protected] Follow this and additional works at: https://repository.uchastings.edu/faculty_scholarship Recommended Citation Richard L. Marcus, Brave New World: Technology and Tort Practice, 49 Sw. L. Rev. 455 (2021). Available at: https://repository.uchastings.edu/faculty_scholarship/1836 This Article is brought to you for free and open access by UC Hastings Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. BRAVE NEW WORLD: TECHNOLOGY AND TORT PRACTICE Richard Marcus* I am a civil procedure person, not an official torts person, but fairly often torts and civil procedure seem to be joined at the hip. And that seems particularly true with regard to the effects of technological change on tort litigation practice. I've been working on the Federal Rules of Civil Procedure for more than twenty years and find that it's usually the torts cases that are the focus of the most intense disputes regarding procedure issues. For this Symposium, I intend to focus on five topics, but the last one is mainly an advertisement for the second panel at the Symposium: (1) E-Discovery (2) The more general impact of technology on torts practice (3) The growing importance of technology on manner of proof (4) The MDL "boom" (5) TPLF -- third party litigation funding I. -
Execution's Doorstep: True Stories of the Innocent and Near Damned
Execution’s Doorstep Execution’s Doorstep True Stories of the Innocent and Near Damned LESLIE LYTLE Northeastern University Press Boston published by university press of new england hanover and london Northeastern University Press Published by University Press of New England, One Court Street, Lebanon, NH 03766 www.upne.com © 2008 by Northeastern University Press Printed in the United States of America 54321 All rights reserved. No part of this book may be reproduced in any form or by any electronic or mechanical means, including storage and retrieval systems, without permission in writ- ing from the publisher, except by a reviewer, who may quote brief passages in a review. Members of educational institutions and organizations wishing to photocopy any of the work for classroom use, or authors and publishers who would like to obtain permission for any of the material in the work, should contact Permissions, University Press of New Eng- land, One Court Street, Lebanon, NH 03766. The statistical information and circumstances recounted in Execution’s Doorstep reflect infor- mation available prior to January 1, 2008. Song lyrics on page 233 COURTESY OF RANDAL PADGETT Library of Congress Cataloging-in-Publication Data Lytle, Leslie. Execution's doorstep : true stories of the innocent and near damned / Leslie Lytle. p. cm. Includes bibliographical references and index. isbn 978–1–55553–678–7 (cloth : alk. paper) 1. Trials (Murder)—United States. 2. Judicial error—United States. 3. Compensation for judicial error—United States. 4. Death row inmates—United States—Biography. I. Title. kf221.m8l98 2008 345.73′02523—dc22 2008024996 University Press of New England is a member of the Green Press Initiative. -
Download the Blackbird Anthology Here
In loving memory of David Riley (1955 – 2018), our much-missed colleague and friend. i Contents Editor’s Introduction, Darran McCann x Incandescence, Roisin Maguire x Four poems, Dawn Watson x Power In The Blood, Gary Hunter x Six poems, Adam Gittin x Hunger, Louise Kennedy x Five Poems, Toby Buckley x She Went By Birdie, Corinne McNulty x Six poems, Claire McSherry x The Long Spoon, Jim Simpson x Four poems, Bonnie Staines x Watching The News, Adeline Henry x Six poems, Emily Lee x Nighthawks, David Riley x The Day I Wore A Dress, Maisha Hossain x Four poems, Eva Isherwood-Wallace x Stan, Jo-Anne Foster x Three Poems, Francis Hesketh x A Fair Grief, Hannah King x Surplus Value, Katharine May x Veterinary Science, Stephanie Lyttle x Six poems, Milena Williamson x Postcard Stories, Shahminee Selvakannu x Nine poems, Andrew Soye x A Melody In The Wind, Roisin Turner x Five poems, Aswin Vijayan x Black Flag, Lesley Walsh x Author Profiles x Acknowledgements x iii Editor’s Introduction Editor’s Introduction Dr. Darran McCann Convenor of the M.A. in Creative Writing, 2013-18. This centre holds and spreads. Two years ago, I began and ended my foreword to the inaugural edition of Blackbird: New Writing From The Seamus Heaney Centre quoting this line from ‘Kinship,’ centrepiece of Heaney’s 1975 collection North. At the launch of the first book, I topped and tailed my speech with Dr. Darran McCann the line too. It has become the unofficial motto of the Centre his name adorns. -
The Terrible, Horrible, No Good, Very Bad Truth About Morality and What to Do About It, Doctoral Dissertation of Joshua D
9/03 Note to readers of The Terrible, Horrible, No Good, Very Bad Truth about Morality and What to Do About it, Doctoral Dissertation of Joshua D. Greene in the Department of Philosophy, Princeton University, June 2002. You are welcome to read this work, pass it on to others, and cite it. I only ask that if you pass on this work to someone else that it be passed on (1) in its entirety, (2) without modification, and (3) along with this note. I consider this a work in progress. It is currently under review in its present form at an academic press. I intend to revise and expand it substantially before publishing it as a book, so much so that the book and the dissertation will probably best be considered separate works. Comments are welcome. You can contact me by email ([email protected]) or by regular mail: Joshua Greene Department of Psychology Princeton University Princeton, NJ 08544 jdg THE TERRIBLE, HORRIBLE, NO GOOD, VERY BAD TRUTH ABOUT MORALITY AND WHAT TO DO ABOUT IT Joshua David Greene A DISSERTATION PRESENTED TO THE FACULTY OF PRINCETON UNIVERSITY IN CANDIDACY FOR THE DEGREE OF DOCTOR OF PHILOSOPHY RECOMMENDED FOR ACCEPTANCE BY THE DEPARTMENT OF PHILOSOPHY NOVEMBER 2002 © Copyright by Joshua David Greene, 2002. All rights reserved. ii Abstract In this essay I argue that ordinary moral thought and language is, while very natural, highly counterproductive and that as a result we would be wise to change the way we think and talk about moral matters. First, I argue on metaphysical grounds against moral realism, the view according to which there are first order moral truths. -
Other Worldly Glimpses
Rhode Island College Digital Commons @ RIC Honors Projects Overview Honors Projects 4-18-2020 Other Worldly Glimpses Jordan Payeur [email protected] Follow this and additional works at: https://digitalcommons.ric.edu/honors_projects Part of the Fiction Commons Recommended Citation Payeur, Jordan, "Other Worldly Glimpses" (2020). Honors Projects Overview. 169. https://digitalcommons.ric.edu/honors_projects/169 This Honors is brought to you for free and open access by the Honors Projects at Digital Commons @ RIC. It has been accepted for inclusion in Honors Projects Overview by an authorized administrator of Digital Commons @ RIC. For more information, please contact [email protected]. OTHER WORLDLY GLIMPSES By Jordan Payeur An Honors Project Submitted in Partial Fulfillment of the Requirements for Honors in The Department of English The School of Arts and Sciences Rhode Island College 2020 2 Author’s Note For my honors project, I decided to develop my series of short stories to reflect the different types of worlds that are built within the fantasy genre. Modernly, the terms “low fantasy” and “high fantasy” have begun to be defined as the subgenres of fantasy. These two terms have been debated, some writers and/or readers having slightly different opinions on what each encompasses. In general, low fantasy is defined as a world in which there are fantastical elements, but the story takes place within the world we live. High fantasy, on the other hand, is a world imagined by the author, entirely separate from our world (though there are various things within these other worlds that may resemble ours). The first short story in this series, “What a Life”, is a modern fairytale that represents the more tradition fantasy genre. -
Diary of a Vampeen
Vamp Chronicles DIARY OF A VAMPEEN Book One Christin M Lovell — DIARY OF A VAMPEEN Copyright © 2011 by Christin M Lovell Cover Image © konradbak This book may not be reproduced, scanned, or distributed in any printed or electronic form without permission from the author. Please do not participate in or encourage piracy of copyrighted materials in violation of the author’s rights. All characters and storylines are the property of the author and your support and respect is appreciated. The characters and events portrayed in this book are fictitious. Any similarity to real persons, living or dead, is coincidental and not intended by the author. — VAMP CHRONICLES Diary of a Vampeen Vamp Yourself for War Hit the Road Jack The Innocence of White (short) Vamp Versus Vamp Darkness Falls Reflections (short) Vigilante The Break of Dawn (coming soon!) — DIARY OF A VAMPEEN Imagine living a human charade for fifteen years and never knowing it. Imagine being provided less than a week to learn and accept your family’s true heritage before it overtook you. Alexa Jackson, Lexi, is abruptly thrown onto this roller coaster and quickly learns that she can’t change fate, regardless of how many lifetimes she is given. She will be transformed into a vampeen on her sixteenth birthday, she will be called upon to fulfill a greater destiny within the dangerous world of vampires, and she will have to risk heartbreak and rejection if she ever wants a chance at love with Kellan, whether she likes it or not. — This book is dedicated to my daughter, Kali. -
To Korean Law School Students
From the Editor HEUNGIL KIM Editor in Chief JAE JUNG WON Vice Editor in Chief PARK JUNG UN, Managing Editor OH YOO JIN, Managing Editor LEE YOON SEOK, Editor SUNG GA HYUN, Editor YOON AH YEON, Designer CONTRIBUTOR Yoon Yong-seok Professor Ahn Young-moon Lawyer f there s one thing that gets me more excited than any other, it is that I meet friends from all over the world and share knowledge and ideas whilst embracing Christopher C. Yook The George Washington the diversities of the world we live in. A law is a very case that you ensure that University Law School kind of thing because a law is common to all men. I Felda Yeung Legal Jurist has interpreted and supplemented the body of man s knowledge whilst LLB, The University of Hong Kong understanding the beliefs, values, and practices of other cultures and linking one's own Yap Hao Jin circumstances to those in other societies. LLB, The National University I was hoping to share my personal experience with other law students. My friends in of Singapore the law school supported the initiative and agreed to chip in. We planed to provide Dong Keun Kim useful information for law students. Also we tried not to neglect legal information The University of Wisconsin regarding Busan City where we live in Law School In article, The Alford Plea (p.5) Christopher Yook introduced the unique guilty plea Dawson Hongik Ahn in criminal court, where the defendant concedes the prosecution has enough evidence to Pusan National University, convict, but the defendant still refuses to admit guilt. -
Winslow, Barbara
Voices of Feminism Oral History Project Sophia Smith Collection, Smith College Northampton, MA BARBARA WINSLOW Interviewed by KATE WEIGAND May 3–4, 2004 Williamstown, Massachusetts This interview was made possible with generous support from the Ford Foundation. © Sophia Smith Collection 2004 Narrator Barbara Winslow (b. 1945) grew up in Scarsdale, New York. She attended Antioch College for three years but graduated from the University of Washington with a B.A. in 1968 and a Ph.D. in history in 1972. A student and antiwar activist, she was instrumental in founding Women’s Liberation Seattle and was heavily involved in grassroots feminist activity, particularly reproductive rights, in Seattle, Detroit, Cleveland, and New York City. Active in socialist and feminist politics for many years, Winslow was also at the forefront of the movement to integrate women, African Americans, and the working class into the teaching of history in the 1970s. She is currently teaching history and women’s studies at Brooklyn College. Interviewer Kate Weigand (b. 1965) has a Ph.D. in women’s history and U.S. history from Ohio State University. She is author of Red Feminism: American Communism and the Making of Women’s Liberation (Johns Hopkins University Press, 2001). Abstract In this oral history Barbara Winslow describes her privileged childhood Westchester County, New York, and at Solebury Academy in Pennsylvania. The interview focuses on Winslow’s activism as a socialist, a feminist, and a historian. Her story documents the life of a socialist activist and feminist and the challenges that come with combining those two identities with one another. -
Karaoke Mietsystem Songlist
Karaoke Mietsystem Songlist Ein Karaokesystem der Firma Showtronic Solutions AG in Zusammenarbeit mit Karafun. Karaoke-Katalog Update vom: 13/10/2020 Singen Sie online auf www.karafun.de Gesamter Katalog TOP 50 Shallow - A Star is Born Take Me Home, Country Roads - John Denver Skandal im Sperrbezirk - Spider Murphy Gang Griechischer Wein - Udo Jürgens Verdammt, Ich Lieb' Dich - Matthias Reim Dancing Queen - ABBA Dance Monkey - Tones and I Breaking Free - High School Musical In The Ghetto - Elvis Presley Angels - Robbie Williams Hulapalu - Andreas Gabalier Someone Like You - Adele 99 Luftballons - Nena Tage wie diese - Die Toten Hosen Ring of Fire - Johnny Cash Lemon Tree - Fool's Garden Ohne Dich (schlaf' ich heut' nacht nicht ein) - You Are the Reason - Calum Scott Perfect - Ed Sheeran Münchener Freiheit Stand by Me - Ben E. King Im Wagen Vor Mir - Henry Valentino And Uschi Let It Go - Idina Menzel Can You Feel The Love Tonight - The Lion King Atemlos durch die Nacht - Helene Fischer Roller - Apache 207 Someone You Loved - Lewis Capaldi I Want It That Way - Backstreet Boys Über Sieben Brücken Musst Du Gehn - Peter Maffay Summer Of '69 - Bryan Adams Cordula grün - Die Draufgänger Tequila - The Champs ...Baby One More Time - Britney Spears All of Me - John Legend Barbie Girl - Aqua Chasing Cars - Snow Patrol My Way - Frank Sinatra Hallelujah - Alexandra Burke Aber Bitte Mit Sahne - Udo Jürgens Bohemian Rhapsody - Queen Wannabe - Spice Girls Schrei nach Liebe - Die Ärzte Can't Help Falling In Love - Elvis Presley Country Roads - Hermes House Band Westerland - Die Ärzte Warum hast du nicht nein gesagt - Roland Kaiser Ich war noch niemals in New York - Ich War Noch Marmor, Stein Und Eisen Bricht - Drafi Deutscher Zombie - The Cranberries Niemals In New York Ich wollte nie erwachsen sein (Nessajas Lied) - Don't Stop Believing - Journey EXPLICIT Kann Texte enthalten, die nicht für Kinder und Jugendliche geeignet sind.