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The Misunderstood Eleventh Amendment
UNIVERSITY of PENNSYLVANIA LAW REVIEW Founded !"#$ Formerly AMERICAN LAW REGISTER © !"!# University of Pennsylvania Law Review VOL. !"# FEBRUARY $%$! NO. & ARTICLE THE MISUNDERSTOOD ELEVENTH AMENDMENT WILLIAM BAUDE† & STEPHEN E. SACHS†† The Eleventh Amendment might be the most misunderstood amendment to the Constitution. Both its friends and enemies have treated the Amendment’s written † Professor of Law, University of Chicago Law School. †† Colin W. Brown Professor of Law, Duke University School of Law. We are grateful for comments and suggestions from Sam Bray, Tom Colby, Scott Dodson, Jonathan Gienapp, Tara Grove, Julian Davis Mortenson, Caleb Nelson, Jim Pfander, Richard Re, Amanda Schwoerke, Eric Segall, Jonathan Urick, Ingrid Wuerth, and from participants in the Fall Speaker Series of the Georgetown Center for the Constitution, the Hugh & Hazel Darling Foundation Originalism Works-in-Progress Conference at the University of San Diego Law School, and Advanced Topics in Federal Courts at the University of Virginia School of Law. Thanks as well to Brendan Anderson, Kurtis Michael, and Scotty Schenck for research assistance, and to the SNR Denton Fund and Alumni Faculty Fund at Chicago for research support. (!"#) !"# University of Pennsylvania Law Review [Vol. "!$: !#$ text, and the unwritten doctrines of state sovereign immunity, as one and the same— reading broad principles into its precise words, or treating the written Amendment as merely illustrative of unwritten doctrines. The result is a bewildering forest of case law, which takes neither the words nor the doctrines seriously. The truth is simpler: the Eleventh Amendment means what it says. It strips the federal government of judicial power over suits against states, in law or equity, brought by diverse plaintiffs. -
Ninth, Eleventh and Thirteenth Chords Ninth, Eleventh and Thirteen Chords Sometimes Referred to As Chords with 'Extensions', I.E
Ninth, Eleventh and Thirteenth chords Ninth, Eleventh and Thirteen chords sometimes referred to as chords with 'extensions', i.e. extending the seventh chord to include tones that are stacking the interval of a third above the basic chord tones. These chords with upper extensions occur mostly on the V chord. The ninth chord is sometimes viewed as superimposing the vii7 chord on top of the V7 chord. The combination of the two chord creates a ninth chord. In major keys the ninth of the dominant ninth chord is a whole step above the root (plus octaves) w w w w w & c w w w C major: V7 vii7 V9 G7 Bm7b5 G9 ? c ∑ ∑ ∑ In the minor keys the ninth of the dominant ninth chord is a half step above the root (plus octaves). In chord symbols it is referred to as a b9, i.e. E7b9. The 'flat' terminology is use to indicate that the ninth is lowered compared to the major key version of the dominant ninth chord. Note that in many keys, the ninth is not literally a flatted note but might be a natural. 4 w w w & #w #w #w A minor: V7 vii7 V9 E7 G#dim7 E7b9 ? ∑ ∑ ∑ The dominant ninth usually resolves to I and the ninth often resolves down in parallel motion with the seventh of the chord. 7 ˙ ˙ ˙ ˙ & ˙ ˙ #˙ ˙ C major: V9 I A minor: V9 i G9 C E7b9 Am ˙ ˙ ˙ ˙ ˙ ? ˙ ˙ The dominant ninth chord is often used in a II-V-I chord progression where the II chord˙ and the I chord are both seventh chords and the V chord is a incomplete ninth with the fifth omitted. -
Alternate Tuning Guide
1 Alternate Tuning Guide by Bill Sethares New tunings inspire new musical thoughts. Belew is talented... But playing in alternate Alternate tunings let you play voicings and slide tunings is impossible on stage, retuning is a between chord forms that would normally be nightmare... strings break, wiggle and bend out impossible. They give access to nonstandard of tune, necks warp. And the alternative - carry- open strings. Playing familiar fingerings on an ing around five special guitars for five special unfamiliar fretboard is exciting - you never know tuning tunes - is a hassle. Back to EBGDAE. exactly what to expect. And working out familiar But all these "practical" reasons pale com- riffs on an unfamiliar fretboard often suggests pared to psychological inertia. "I've spent years new sound patterns and variations. This book mastering one tuning, why should I try others?" helps you explore alternative ways of making Because there are musical worlds waiting to be music. exploited. Once you have retuned and explored a Why is the standard guitar tuning standard? single alternate tuning, you'll be hooked by the Where did this strange combination of a major unexpected fingerings, the easy drone strings, 3rd and four perfect 4ths come from? There is a the "new" open chords. New tunings are a way to bit of history (view the guitar as a descendant of recapture the wonder you experienced when first the lute), a bit of technology (strings which are finding your way around the fretboard - but now too high and thin tend to break, those which are you can become proficient in a matter of days too low tend to be too soft), and a bit of chance. -
Guitar Best Practices Years 1, 2, 3 and 4 Nafme Council for Guitar
Guitar Best Practices Years 1, 2, 3 and 4 Many schools today offer guitar classes and guitar ensembles as a form of music instruction. While guitar is a popular music choice for students to take, there are many teachers offering instruction where guitar is their secondary instrument. The NAfME Guitar Council collaborated and compiled lists of Guitar Best Practices for each year of study. They comprise a set of technical skills, music experiences, and music theory knowledge that guitar students should know through their scholastic career. As a Guitar Council, we have taken careful consideration to ensure that the lists are applicable to middle school and high school guitar class instruction, and may be covered through a wide variety of method books and music styles (classical, country, folk, jazz, pop). All items on the list can be performed on acoustic, classical, and/or electric guitars. NAfME Council for Guitar Education Best Practices Outline for a Year One Guitar Class YEAR ONE - At the completion of year one, students will be able to: 1. Perform using correct sitting posture and appropriate hand positions 2. Play a sixteen measure melody composed with eighth notes at a moderate tempo using alternate picking 3. Read standard music notation and play on all six strings in first position up to the fourth fret 4. Play melodies in the keys C major, a minor, G major, e minor, D major, b minor, F major and d minor 5. Play one octave scales including C major, G major, A major, D major and E major in first position 6. -
85 Modern Interval Reference Songs Contents
! EasyEarTraining.com 85 Modern Interval Reference Songs This is a list of modern interval reference songs, provided by EasyEarTraining.com to accompany the article: Interval Reference Songs - That You've Actually Heard Of! Do you know a great modern reference song not included here? Let us know! http://www.easyeartraining.com/forums/ Oh - and don't miss the special offer at the back of this booklet... Contents Minor Second 2 Major Second 5 Minor Third 8 Major Third 11 Perfect Fourth 15 Tri-Tone 18 Perfect Fifth 21 Minor Sixth 24 Major Sixth 26 Minor Seventh 29 Major Seventh 30 Perfect Octave 32 !1 Copyright 2014 Easy Ear Training Ltd ! EasyEarTraining.com Minor Second Ascending K'naan - Wavin' Flag Section: Chorus Interval: “your - flag” http://www.youtube.com/watch?v=amXeJrA-wDc Enrique Iglesias - Somebody's Me Section: “You.. Do you remember me” Interval: ”do - you” https://www.youtube.com/watch?v=gv9hrQzU0cA Backstreet Boys - Show Me the Meaning Section: “Show me the meaning of being lonely” Interval: “of - BE” !2 Copyright 2014 Easy Ear Training Ltd ! EasyEarTraining.com https://www.youtube.com/watch? v=aBt8fN7mJNg Descending Avenged Sevenfold - Dear God Section: “Some search never findin’ a way” (bridge) Interval: “Some search” https://www.youtube.com/watch?v=mzX0rhF8buo Bryan Adams - Summer of ‘69 Section: “Those were the best days of my life” Interval: “the - best” https://www.youtube.com/watch? v=9f06QZCVUHg MYMP - Especially for You Section: “Especially” Interval: “Espe-cially” http://www.youtube.com/watch?v=IimqpTcrakU !3 Copyright 2014 Easy Ear Training Ltd ! EasyEarTraining.com The Pixies - Where Is My Mind Section: Introduction/Bridge (wee-ooh) Interval: “Wee-Ooh” https://www.youtube.com/watch?v=GrHl0wpagFc !4 Copyright 2014 Easy Ear Training Ltd ! EasyEarTraining.com Major Second Ascending Katy Perry - Wide Awake Section: “I’m wide awake” Interval: “wi-de a-wake” https://www.youtube.com/watch?v=k0BWlvnBmIE Breaking Benjamin - Diary of Jane Section: “If I have to. -
On the Perception of Pitch Accents by Kevin L
On the Perception of Pitch Accents by Kevin L. Landel B.S., Electrical Engineering and Computer Science University of California, Berkeley Berkeley, California 1983 SUBMITTED TO THE MEDIA ARTS AND SCIENCES SECTION IN PARTIAL FULFILLMENT OF THE REQUIREMENTS OF THE DEGREE OF MASTER OF SCIENCE AT THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY September 1988 @Massachusetts Institute of Technology 1988 All Rights Reserved. Signature of the Author ....................................................................... Kevin L. Landel Media Arts and Sciences Section June 6, 1988 //7 Certified by ....................................................................... Chris Schmandt Principal Research Scientist Thesis Supervisor Accepted by ..... .j~f/V.V"'.. f ..... .. ....... Stephen A. Benton Chairman Departmental Committee on Graduate Students MASSACHUSETS INSTiTUTE nr TVf"I4mfl 01Wy NOV 0 31988 LIBRARIES On the Perception of Pitch Accents by Kevin L. Landel Submitted to the Media Arts and Sciences Section on June 6, 1988 in partial fulfillment of the requirements of the degree of Master of Science at the Massachusetts Institute of Technology Abstract A series of experiments was performed to determine the thresholds at which pertur- bations to pitch contours became important to the semantic interpretation of utterances. The perception of pitch accents was controlled by manipulating the accents' relative mag- nitudes and surrounding prosodic environment. The perturbations investigated were: the separation of H and L pitch accents, the presence vs. the absence of pitch accents, and the effects of pitch range and prominence on the perception of pitch accents. The intent is to suggest the pertinent information which needs to be addressed for the implementation of speech systems that make better use of prosody. Thesis Supervisor: Chris Schmandt Title: Principal Research Scientist This work was supported by the Defense Advance Research Projects Agency (DARPA) contract number N00039-86-C-0406. -
View of Related Literature
THE EFFECT OF OCTAVE AND TIMBRE COMBINATIONS ON UNDERGRADUATE BAND MEMBERS’ PERCEPTION OF PITCH by CLINTON M. STEINBRUNNER Submitted in partial fulfillment of the requirements for the degree of Master of Arts Thesis Advisor: Dr. Nathan B. Kruse Department of Music CASE WESTERN RESERVE UNIVERSITY August 2019 2 CASE WESTERN RESERVE UNIVERSITY SCHOOL OF GRADUATE STUDIES We hereby approve the thesis of Clinton M. Steinbrunner candidate for the degree of Master of Arts. Committee Chair Dr. Nathan B. Kruse Committee Member Dr. Kathleen A. Horvath Committee Member Dr. Ryan V. Scherber Date of Defense June 29, 2019 *We also certify that written approval has been obtained for any proprietary material contained therein. 3 TABLE OF CONTENTS LIST OF TABLES .......................................................................................................... 5 ABSTRACT ................................................................................................................... 6 CHAPTER 1: INTRODUCTION .................................................................................... 7 Tuning as an Individual Process .............................................................................. 8 Instrument Timbre ................................................................................................... 9 Ensemble Tuning Procedures and Octave Displacement ........................................ 10 Need for the Study .................................................................................................... 11 Purpose -
The Aesthetic Appreciation of Musical Intervals Among School Children and Adults
THE AESTHETIC APPRECIATION OF MUSICAL INTERVALS AMONG SCHOOL CHILDREN AND ADULTS. BY C. W. VALENTINE, Lecturer in Experimental Psychology to the St Andrews Provincial Committee for the Training of Teachers. r. The purpose of the experiments. rr. The method of experiment with adults. m. T?ke order of popularity of the interwals. I v. The aesthetic efect of the diferent intervals. Major and mivhor intervals. The octave. Concords felt as discords. V. The method of experiment with school children. vz. liesults of the experiments with Elementary School children. vrr. Results of the experiments with Preparatory School children. mr. Comparison of the results of the experiments in the Elementary and Preparatory Xchools. rx. Tests for a ‘musical ear.’ X. Introspection of school children. xr. Sex differences in the Elementary School experiments. xu. Summary of results and conclusions. I. The purpose of the experiments. IN1910 some experiments were begun in order to test the aesthetic appreciation of musical intervals among school children. The object was to discover, if possible, something as to the development with age of a feeling for consonance, and to determine the differences in this respect among children belonging to different cultural groups and having had different degrees of musical training. It seemed desirable also to obtain results from adults, for the sake of comparison. Apart from this, I wished to ascertain the extent to which in- dividuals could be divided into ‘ perceptive types ’ according to their attitude towards musical elements, as Mr E. Bullough has classified C. W. VALENTINE 191 them in reference to coloursl, and to note any marked difference be- tween the sexes in reference to their appreciation of musical intervals2. -
Musical Techniques
Musical Techniques Musical Techniques Frequencies and Harmony Dominique Paret Serge Sibony First published 2017 in Great Britain and the United States by ISTE Ltd and John Wiley & Sons, Inc. Apart from any fair dealing for the purposes of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act 1988, this publication may only be reproduced, stored or transmitted, in any form or by any means, with the prior permission in writing of the publishers, or in the case of reprographic reproduction in accordance with the terms and licenses issued by the CLA. Enquiries concerning reproduction outside these terms should be sent to the publishers at the undermentioned address: ISTE Ltd John Wiley & Sons, Inc. 27-37 St George’s Road 111 River Street London SW19 4EU Hoboken, NJ 07030 UK USA www.iste.co.uk www.wiley.com © ISTE Ltd 2017 The rights of Dominique Paret and Serge Sibony to be identified as the authors of this work have been asserted by them in accordance with the Copyright, Designs and Patents Act 1988. Library of Congress Control Number: 2016960997 British Library Cataloguing-in-Publication Data A CIP record for this book is available from the British Library ISBN 978-1-78630-058-4 Contents Preface ........................................... xiii Introduction ........................................ xv Part 1. Laying the Foundations ............................ 1 Introduction to Part 1 .................................. 3 Chapter 1. Sounds, Creation and Generation of Notes ................................... 5 1.1. Physical and physiological notions of a sound .................. 5 1.1.1. Auditory apparatus ............................... 5 1.1.2. Physical concepts of a sound .......................... 7 1.1.3. -
A LIGHTWEIGHT NOTATION for PLAYING PIANO for FUN by R.J.A
A LIGHTWEIGHT NOTATION FOR PLAYING PIANO FOR FUN by R.J.A. Buhr 1. INTRODUCTION Music notation gets in the way of the joy of making music on the piano that can be had without first spending thousands of hours at the keyboard to develop piano “wizardry,” meaning a combination of keyboard skill and mastery of music notation. The message of this document is the joy can be had, without any loss of musical substance, with no more wizardry than is required to read and play single melody lines. The vehicle is a lightweight notation I call PKP (for Picturing Keyboard Patterns) for annotating the core flow of harmony in interval terms above the staff. I developed the notation as an adult beginner with no training in music theory after becoming frustrated with the way music notation obscures the keyboard simplicity of harmony. That the notation has substance in spite of this humble origin is indicated by the following opinion of PKP provided by a music theorist specializing in improvisational music (see supplementary pages): “The hook ... , at least in my opinion, is that it's possible to attain a deep understanding of chords (and their constituent intervals) without recourse to Western notation. This has direct consequences for physical patterning, fingerings, etc. Essentially, your method combines the utility of a play-by-ear approach with the depth of a mathematically-informed theory of music.” PKP follows from two observations that anyone can make. One is the piano keyboard supplies only 12 piano keys to play all the notes of an octave that music notation describes in many more than 12 ways by key signatures and accidentals (sharps, flats, naturals). -
The Consecutive-Semitone Constraint on Scalar Structure: a Link Between Impressionism and Jazz1
The Consecutive-Semitone Constraint on Scalar Structure: A Link Between Impressionism and Jazz1 Dmitri Tymoczko The diatonic scale, considered as a subset of the twelve chromatic pitch classes, possesses some remarkable mathematical properties. It is, for example, a "deep scale," containing each of the six diatonic intervals a unique number of times; it represents a "maximally even" division of the octave into seven nearly-equal parts; it is capable of participating in a "maximally smooth" cycle of transpositions that differ only by the shift of a single pitch by a single semitone; and it has "Myhill's property," in the sense that every distinct two-note diatonic interval (e.g., a third) comes in exactly two distinct chromatic varieties (e.g., major and minor). Many theorists have used these properties to describe and even explain the role of the diatonic scale in traditional tonal music.2 Tonal music, however, is not exclusively diatonic, and the two nondiatonic minor scales possess none of the properties mentioned above. Thus, to the extent that we emphasize the mathematical uniqueness of the diatonic scale, we must downplay the musical significance of the other scales, for example by treating the melodic and harmonic minor scales merely as modifications of the natural minor. The difficulty is compounded when we consider the music of the late-nineteenth and twentieth centuries, in which composers expanded their musical vocabularies to include new scales (for instance, the whole-tone and the octatonic) which again shared few of the diatonic scale's interesting characteristics. This suggests that many of the features *I would like to thank David Lewin, John Thow, and Robert Wason for their assistance in preparing this article. -
11 – Music Temperament and Pitch
11 – Music temperament and pitch Music sounds Every music instrument, including the voice, uses a more or less well defined sequence of music sounds, the notes, to produce music. The notes have particular frequencies that are called „pitch“ by musicians. The frequencies or pitches of the notes stand in a particular relation to each other. There are and were different ways to build a system of music sounds in different geographical regions during different historical periods. We will consider only the currently dominating system (used in classical and pop music) that was originated in ancient Greece and further developed in Europe. Pitch vs interval Only a small part of the people with normal hearing are able to percieve the absolute frequency of a sound. These people, who are said to have the „absolute pitch“, can tell what key has been hit on a piano without looking at it. The human ear and brain is much more sensitive to the relations between the frequencies of two or more sounds, the music intervals. The intervals carry emotional content that makes music an art. For instance, the major third sounds joyful and affirmative whereas the minor third sounds sad. The system of frequency relations between the sounds used in music production is called music temperament . 1 Music intervals and overtone series Perfect music intervals (that cannot be fully achieved practically, see below) are based on the overtone series studied before in this course. A typical music sound (except of a pure sinusiodal one) consists of a fundamental frequency f1 and its overtones: = = fn nf 1, n 3,2,1 ,..