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The Nature of Legal Interpretation: What jurists can learn about legal interpretation from linguistics and philosophy
Brian G. Slocum
Language shapes and reflects how we think about the world. It engages and intrigues us. Our everyday use of language is quite effortless—we are all experts on our native tongues. Despite this, issues of language and meaning have long flummoxed the judges on whom we depend for the interpretation of our most fundamental legal texts. Should a judge feel confident in defining common words in the texts without the aid of a linguist? How is the meaning communicated by the text determined? Should the communicative meaning of texts be decisive, or at least influential?
To fully engage and probe these questions of interpretation, this volume draws upon a variety of experts from several fields, who collectively examine the interpretation of legal texts. In The Nature of Legal Interpretation, the contributors argue that the meaning of language is crucial to the interpretation of legal texts, such as statutes, constitutions, and contracts. Accordingly, expert analysis of language from linguists, philosophers, and legal scholars should influence how courts interpret legal texts. Offering insightful new interdisciplinary perspectives on originalism and legal interpretation, these essays put forth a significant and provocative discussion of how best to characterize the nature of language in legal texts.
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From transaction to transformation: Organizational learning and knowledge creation experience within Informed Systems
Mary M. Somerville and Christine S. Bruce
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Historical Change and the Competitive Advantage of Firms: Explicating the "Dynamics" in the Dynamic Capabilities Framework
R. Daniel Wadhwani and Geoffrey Jones
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John Muir Observer Journal
Michael J. Wurtz, John Muir Center, and ForestChoice
John Muir was a constant observer, and he recorded his observations in one of his countless journals. The John Muir Observer Journal is a collaboration between the John Muir Center and ForestChoice designed to get you to observe the world around you like John Muir did. Each journal features 16 pages filled with drawings, notes and writings from John Muir’s personal records, along with 144 blank pages so you can record your own observations.
A portion of the proceeds from each journal will be donated to the John Muir Center and their effort to promote the study of John Muir’s work.
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At the Table: Food and Family Around the World
Ken Albala
What's for dinner? Not just in America, but around the world? And how is it cooked, what's the historical significance of that food, how is it served and consumed, and who gets to clean up? This book provides fascinating insight into how dinner is defined in countries around the world.
Almost universally, "dinner" is a key meal in most countries around the world, whether it be a simple dish of rice and beans, a slice of pizza on the go, or a multi-course formal meal. What do the specifics of how a meal is eaten—by hand instead of with utensils, for example—say about a specific culture? This fascinating one-volume reference guide examines all aspects of dinner in international settings, enabling insightful cross-cultural comparisons and an understanding of the effects of modernization and globalization on food habits.
Some 50 countries are covered in chapters focusing on present-day meal habits in Europe, Asia, the Middle East, Africa, and North and South America. The commentary covers everything about the meal, such as the time, the cooking and preparation, shopping for ingredients, the clean-up process, gender-based participation roles, conversation or other social interactions, and etiquette—just about everything that happens at the table. The book is ideal for classroom teaching and learning, as the entries and photos are conducive to teaching students about other cultures, directly supporting the National Geography Standards. Students will be able to make informed comparisons between their own lives and the various cultural experiences described in the book.
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An integrative model for the ICC's enforcement of arrest and surrender requests: Toward a more political court?
Nadia Banteka
International criminal courts and tribunals have been established on a belying enforcement paradox between their significant mandate and their inherent lack of enforcement powers. Their endogenous frailty lies in the predicament that, unlike their national counterparts, they are not backed by systemic law enforcement. Instead, they are left to rely on external forces to procure enforcement. Although the creation of a permanent International Criminal Court marked a fundamental turning point in the pursuit of international criminal justice, the icc must also rely on state cooperation and judicial assistance in order to secure arrests. Despite the solid legal underpinnings of the enforcement regime under the Rome Statute, I argue that the icc has thus far failed to achieve desired results due to its persistence in rejecting the factoring of politics in the enforcement of arrest requests equation. For this reason, I suggest a perspective of the arrest and surrender enforcement that not only recognizes the relevance of politics in its sphere but also capitalizes on it. Accordingly, I argue that by fully comprehending its enforcement tools, making use of its political role and the realities surrounding it, the Office of the Prosecutor (otp) may increase its rates in the apprehension of suspects, and therefore secure higher levels of judicial enforcement. Part of this role is the challenge for the icc to successfully convince skeptical states of there being a way to engage with the Court which does not result in an attrition of their sovereignty but in its enrichment. Nevertheless, little reference has been made to the Court's bargaining leverage in order to attract key actors in the regional and global political power-play that could affect the situations before the Court. This is probably due to the, oftentimes accurate, perception that those key actors appear to be vocally opposed to the icc.
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Exhibiting patriotism: Creating and contesting interpretations of American historic sites
Teresa Bergman
American nationalism, patriotism and citizenship are proudly on display at historical sites across America―but they are also contested and reshaped by visitors and their engagement with those places. In Exhibiting Patriotism, Bergman analyzes exhibits, interpretive materials, and orientation films at major US sites, from Mt. Rushmore and to the USS Arizona Memorial, where controversy has erupted over the stories they tell about the past. She shows how historic narratives are the result of dynamic relationships between institutions and the public, and how these relationships are changing in an era when museums are becoming more visitor-centered, seeing visitors as partners in historical interpretation. Drawing on film theory, memory studies, visual communication, and visitor studies, Bergman offers an important analysis for scholars and professionals in American studies, museum studies, public history, and communication and media studies.
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Technologies for Detecting Botulinum Neurotoxins in Biological and Environmental Matrices
Luisa W. Cheng, Kirkwood M. Land, Christina C. Tam, D. L. Brandon, and L. H. Stanker
Biomonitoring of food and environmental matrices is critical for the rapid and sensitive diagnosis, treatment, and prevention of diseases caused by toxins. The U.S. Centers for Disease Control and Prevention (CDC) has noted that toxins from bacteria, fungi, algae, and plants present an ongoing public health threat, especially since some of these toxins could compromise security of the food supply. Botulinum neurotoxins (BoNTs), produced by Clostridium spp., are among those bacterial toxins that pose life-threatening danger to humans. BoNTs inhibit the release of acetylcholine at peripheral cholinergic nerve terminals and cause flaccid paralysis. BoNTs are grouped in seven serotypes and many subtypes within these groups. Rapid and accurate identification of these toxins in contaminated food as well as in environmental matrices can help direct treatment. Herein, we discuss current methods to detect BoNTs with a focus on how these technologies have been used to identify toxins in various food and environmental matrices. We also discuss the emergence of new serotypes and subtypes of BoNTs and the increasing number of cases of botulism in wildlife. Finally, we consider how environmental changes impact food safety for humans and present new challenges for detection technology.
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Melania: Early Christianity through the Life of One Family
Catherine M. Chin and Caroline T. Schroeder
Melania the Elder and her granddaughter Melania the Younger were major figures in early Christian history, using their wealth, status, and forceful personalities to shape the development of nearly every aspect of the religion we now know as Christianity. This volume examines their influence on late antique Christianity and provides an insightful portrait of their legacies in the modern world. Departing from the traditionally patriarchal view, Melania gives a poignant and sometimes surprising account of how the rise of Christian institutions in the Roman Empire shaped our understanding of women’s roles in the larger world.
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Can something be done? Propositions on the performance of metropolitan institutions
Steven P. Erie, John J. Kirlin, and Francine Rabinovitz
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Reform of metropolitan governments
Steven P. Erie, John J. Kirlin, Francine Rabinovitz, Lance Liebman, and Charles M. Haar
Originally published in 1972, this study aims to explore governmental interaction with people and publics interests and institutions in Metropolitan America. These papers discuss issues of how governance can be improved and the federal role in Metropolitanism as well as suggesting ways in which political reform can help. This title will be of interest to students of Environmental Economics and professionals.
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Reciprocal research and design: The wicked problem of changing math in the family
Shelley Goldman and Osvaldo Jiménez
This chapter demonstrates how a reciprocal research and design (RR&D) model is possible and has value in design. The authors see other design-based researchers in the learning sciences relying on basic studies as part of their development projects. The RR&D process had the benefit of creating links between the theory-building work we do in learning research while keeping us involved with and contributing to the lives of families. The authors are pleased that we have been able to engage in a process that enables us to manage professional missions while maintaining the spirit of empathy-driven design processes. The social experiences with math that the chapter uncovered in its initial interview study did not carry forward when families were not setting aside special family time to meet with us. Therefore, this is a cautionary tale for those practicing user-centered design that includes human-computer interface design and field testing.
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Serving students who are homeless: A resource guide for schools, districts and educational leaders
Ronald E. Hallett and Linda E. Skrla
Schools and districts are seeing unprecedented numbers of students and families living without residential stability. Although the McKinney-Vento Act has been around for over 2 decades, many district- and site-level practitioners have a difficult time interpreting and implementing the Act’s mandates within their local contexts. This book provides much-needed guidance to help educational leaders support students who are homeless and highly mobile students who face significant barriers related to access and academic success. The authors employ several different strategies to help translate complex state and federal policies into effective practices. They include policy analysis, examples of successful approaches, tools for training staff, youth experiences, and address the role school districts play in serving marginalized students. Serving Students Who Are Homeless can be used as a professional development tool at the local and district level, and as a textbook in higher education settings that prepare entry-level and advanced-credential administrators, counselors, school psychologists, and curriculum leaders.
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Nonlinear Systems: Design, Analysis, Estimation and Control
Dongbin Lee, Tim Burg, and Christos Volos
The book consists mainly of two parts: Chapter 1 - Chapter 7 and Chapter 8 - Chapter 14. Chapter 1 and Chapter 2 treat design techniques based on linearization of nonlinear systems. An analysis of nonlinear system over quantum mechanics is discussed in Chapter 3. Chapter 4 to Chapter 7 are estimation methods using Kalman filtering while solving nonlinear control systems using iterative approach. Optimal approaches are discussed in Chapter 8 with retarded control of nonlinear system in singular situation, and Chapter 9 extends optimal theory to H-infinity control for a nonlinear control system.Chapters 10 and 11 present the control of nonlinear dynamic systems, twin-rotor helicopter and 3D crane system, which are both underactuated, cascaded dynamic systems. Chapter 12 applies controls to antisynchronization/synchronization in the chaotic models based on Lyapunov exponent theorem, and Chapter 13 discusses developed stability analytic approaches in terms of Lyapunov stability. The analysis of economic activities, especially the relationship between stock return and economic growth, is presented in Chapter 14.
A selection of books and book chapters written or edited by faculty at the University of the Pacific.
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