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The politics of proportionality in state civil rulemaking
No full textIn the wake of the 2015 amendments to the Federal Rules of Civil Procedure (FRCP)—particularly with the perceived constriction of discovery through the revised federal proportionality standard in Rule 26(b)(1)—a wave of critics quickly emerged. Some commentators highlighted how procedural reforms heightened barriers to accessing federal courts, sharply limited claim development through discovery, and impeded opportunities for trial. Others detailed well-founded concerns about federal rulemakers’ potentially nefarious motivations, given their mostly conservative, Republican, pro-corporate defense backgrounds. Still others rightly worried that the federal proportionality standard (with its six factors), when applied by certain federal judges, would potentially stifle discovery, thereby disproportionately harming disempowered plaintiffs and inhibiting a fair and just resolution on the merits. A few scholars urged state courts to resist calls for uniformity and blind adoption of the federal proportionality standard. Through the lens of a developing “Critical Procedure” framework, this Article provides an updated, more balanced assessment of these concerns and explores previously overlooked benefits of proportionality, with the goal of informing ongoing and future conversations among state rulemakers contemplating adoption of the 2015 federal proportionality standard. To ground these conversations, this Article offers the first systematic fifty-state survey examining the states’ responses to the 2015 federal proportionality amendments. The Article also highlights recent trends and insights into rulemaking processes that reveal the complex shades of the politics of proportionality. The Article then argues that, although early critics of proportionality raised legitimate doubts about its efficacy, some of the initial predictions and critiques may have been overstated, and perhaps they were also simply effective in encouraging at least some federal judges to take a more cautious approach. In any event, the critiques also tended to obscure proportionality’s potential benefits. This Article clarifies and highlights these affirmative benefits, positing that they should be front and center in state rulemakers’ ongoing and future conversations. When properly understood and applied, proportionality principles can simultaneously balance power between asymmetrical parties, uplift the role of state court judges, and give a voice to vulnerable litigants. Indeed, the federal proportionality standard opens possibilities to realize and equalize access to justice to an even greater degree
How Did Ray Brown’s Playing Evolve During His Tenure from 1951 to 1965 in the Oscar Peterson Trio?
Get PDFHow Ray Brown’s bass playing evolved during his tenure from 1951 to 1965 in the Oscar Peterson Trio. Compare and contrast Ray Brown’s work during the 14 years he performed with the trio
Is It Worth It? A Look at Antique and Modern Violins: An Annotated Bibliography
Get PDFViolin family instruments have been made for hundreds of years. Cremona, a city in Northern Italy, is particularly renowned for producing world-class instruments. Old Italian violins especially from Cremonese makers such as Amati, Stradivari, and Guarneri, are often associated with high-caliber soloists, concertmasters, or quartet first violinists. A multi-million-dollar price tag is also not uncommon for these types of instruments. A newly made or modern violin by an established living maker (luthier) is often marketed toward section players of orchestras, chamber musicians, and conservatory students. These instruments usually carry a price tag of anywhere from eight to eighty thousand dollars. A topic that has been attracting interest in the past few years concerns soloists and top-tier violinists playing modern instruments and whether modern and Old Italian violins can be viewed on the same level playing field. Some of the sources presented here are based on scientific experiments conducted by researchers and violin makers. Others are more casual comparisons looking at new and old violins from different perspectives
Annotated Bibliography: How Is Musical Labor Exploited in the United States’ Economy?
Get PDFThe goal of this paper is to highlight the various ways in which musicians and their labor are exploited in today’s capitalist economy. Music can be labelled in different ways such as aesthetic labor or creative labor and is not typically seen through the same lens of labor as more traditional forms of work. Record labels will abuse the vagueness of artists contracts to unfairly pay them and streaming services such as Spotify will leverage their political power and capital power to keep royalty payments to artists as low as possible. Gig work is also an important aspect to the topic of exploited musicians since companies that run these gig work apps will directly benefit from the labor of the artists without having to pay them a wage or deal with royalties
A Comparative Analysis of Music and Sound in J-Horror Films and Their American Remakes
Get PDFIt has been long established that music has the potential to influence a listener’s emotions. Likewise, visual stimulation can influence our emotions. Horror movies rely heavily on the combination of these two systems working together to create tension and fear. This essay will analyze the use of sound, music, and silence in Japanese horror films as compared to their American remakes. I will explore the instrumentation and compositional methods through the lens of traditional Japanese kabuki theatre conventions as well as classical American film scoring to compare my perceived scariness of each film’s most stressful scenes
What Is the Significance of Specialized Voice Technique in Handel\u27s Cantatas?
Get PDFGeorge Frideric Handel’s music is not performed as prominently as that of his peers of his time. This research project aims to achieve the following objectives: a. To analyze Handel\u27s cantatas in terms of vocal range, ornamentation, and technical challenges. b. To identify the specialized vocal techniques in the Baroque era and skills needed for the interpretation of Handel\u27s cantatas and why its subtle nature makes it inaccessible to singers and audiences
Leading an Open Revolution: Promoting Awareness of Open Resources through an Interdisciplinary Learning Community
Get PDFThis article discusses the case study of an interdisciplinary faculty learning community (FLC) focused on open practices and resources. The community, which was facilitated by three academic librarians, explored the case as a framework for open outreach and advocacy on a university campus. Composed of participants across disciplines and academic departments, the FLC created a setting for librarians and teaching faculty to explore open education topics together from divergent perspectives and degrees of experience. In this article, the authors present the FLC case as a collaborative model for forging relationships on campus and consider its effectiveness as an outreach and advocacy strategy for academic libraries
Connecting Fragmented Support on Campus: Growing Research Data Services Programs Through Collaboration
Get PDFResearch data services are provided by multiple units across and beyond the library, which is why communication and collaboration are paramount to building support for researchers. By exploring how Research Data Services (RDS) programs can function in the fragmented landscape of research support on campuses, we outline the role of collaboration in building programs. In this paper, we discuss building an RDS program by emphasizing three strategies for collaboration: collaborating within the library, collaborating across campus, and collaborating externally with those without direct ties to your organization. The aim of this paper is to offer attainable examples and strategies for building collaborations across campuses for libraries that have small or nascent RDS programs—how to approach and cultivate partnerships, how to set realistic goals, and how to work holistically within the fragmented academy
Reducing Stigma and Increasing Competence: An Introductory Graduate Curriculum on the Assessment and Treatment of Psychosis
No full textPsychosis is conceptually understood as a collection of psychiatric symptoms such as delusions, hallucinations, and disorganized thinking, that often distort a person s reality (Freudenreich, 2020). While psychosis is a key feature of the various psychotic spectrum disorders, it can also appear as a feature of mood disorders or as a result of substance use. However, despite its prevalence across a variety of psychiatric disorders, it is seldom a focus of training within graduate psychology programs (Mueser et al., 2013; O\u27Connor & Yanos, 2021; Reddy et al., 2010; Roe et al., 2006). Research suggests the lack of education on psychosis directly contributes to the stigma of psychotic disorders and the current underrepresentation of psychologists in treatment settings serving persons with psychosis, which together may limit access to psychological treatment (O\u27Connor & Yanos, 2021). In an attempt to address the training needs of psychologists delivering care to persons with psychosis, this paper first highlights the need for graduate-level training in the assessment and treatment of psychosis followed by a brief review of the important aspects of an evidence-based addition to a graduate curriculum. A three-part curricular addition on the assessment and treatment of psychosis is then proposed to meet this need. By illuminating the need for psychosis-specific training and proposing a realistic introductory curriculum, this paper intends to ultimately increase provider competence and reduce the stigma associated with psychosis through proper education
