476 research outputs found

    The Write Way: A Judicial Clerk\u27s Guide to Writing for the Court

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    What if the Big Bad Wolf in All Those Fairy Tales Was Just Misunderstood?: Techniques for Maintaining Narrative Rationality While Altering Stock Stories That Are Harmful to Your Client’s Case

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    Cognitive researches have established that humans think in terms of stories and, consequently, are persuaded by stories. That means that lawyers must be wary of stock stories that effect how an audience views a given set of circumstances. When a stock story is so pervasive that it will not allow a lawyer to ignore it or a more favorable alternative story does not exist, a lawyer can present the client\u27s story from an alternative perspective that will not evoke the embedded knowledge structures triggered by the unfavorable stock story. The lawyer can accomplish this by tinkering with the different threads of narrative rationality to improve the persuasiveness of the story he or she tells. In this article, I suggest that the principles of narrative coherence, correspondence, and fidelity can help the lawyer whose client does not fit comfortably within one of our culture\u27s stock stories (e.g., the big bad wolf who wasn\u27t really bad). Specifically, the lawyer who limits the client\u27s story to the facts leading to the litigation focuses on the persuasive power of narrative coherence by ensuring that the story is plausible as all aspects of it mesh with one another. On the other hand, the lawyer who shifts from a narrow to a broader view of a case will rely on the persuasive power of narrative correspondence by mapping a cultural myth onto her client\u27s story. Finally, by creating friction between the client\u27s character and the outcome associated with a stock story, the lawyer can draw on the persuasive power of narrative fidelity and shift the reader\u27s expectations about how things should turn out

    “All We Have to Decide is What to Do with the Time Given to Us”: Using Concepts of Narrative Time to Draft More Persuasive Legal Arguments

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    When taught to draft a statement of facts or a statement of the case, law students and new lawyers are often told to “tell a story” and that chronological order is usually the best organizational strategy to use when telling that story. While much has been written in recent years on how to draft a story in the legal context, little scholarship is devoted to how to draft a story using chronology or how a lawyer can shape and manipulate time within a story to better advocate for a client. Legal scholars seem to think that the use of chronology is not only the default organizational strategy but requires no greater thought than depicting in which order the events transpired. But any good legal storyteller knows that there is much more to the depiction of time in stories than that. The depiction of time in all but the simplest of stories is extremely complex—there is seldom a pure linear chronology available. And if there is, it is not always the most persuasive manner in which to present the story. Legal storytellers must determine, inter alia, where to begin the story, where to end the story, whether to use chronology to organize the events in the story or to deviate from chronological order, when to summarize facts to deemphasize them, and when to use detail to emphasize facts. They construct time within the story to satisfy the demands of the narrative they are telling and in a way that often appears as if it is presented in a linear chronological order. Depending on the legal storyteller’s choices, he or she can tell a very different story

    Habitat selection trade-offs, male quality and reproductive performance of female mallards

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    Conservation programs for breeding ducks in North America are typically designed to enhance nest success by establishing or restoring attractive perennial nesting cover or promoting favourable agricultural practices. Thus, a central objective is to attract ducks to habitats where females have higher survival and reproductive rates, primarily greater nest success. Using data collected from 1993 – 2000, I investigated hypotheses proposed to explain inconsistent patterns of habitat selection detected during nesting and brood–rearing stages in free-ranging mallards (Anas platyrhynchos) throughout the Canadian Prairie Parklands. By simultaneously considering indices of body condition and size of male and female mallards and plumage score of males, I also evaluated the role of male quality in reproductive investment and patterns of breeding success of females. In general, wild mallards mated assortatively by body condition but not body size. Yearling females nested earlier and had higher nest survival when mated to males with better plumage quality. When paired with larger-bodied males, yearling females renested more often, whereas nest and brood survival increased among older females. I characterized the habitat composition of 100 and 500 m radius buffers surrounding nest sites and related habitat features to survival of nests, broods and females. Habitat selection trade-offs were detected among perennial habitats and planted cover, such that nest survival increased in these habitats whereas duckling survival decreased. Furthermore, at large spatial scales, nest survival decreased in areas with greater amounts of cropland whereas duckling survival increased. Survival rates of females increased with greater amounts of seasonal wetlands, but nest survival decreased in such areas. Semi-permanent wetlands were associated with decreased nest survival at larger spatial scales, but associated with higher nest success at finer scales. Benefits of increasing perennial and planted cover habitats to increase nest survival could be partly offset by costs in terms of lower duckling survival, whereas opposite patterns existed in areas of abundant seasonal. The restoration of seasonal wetlands in perennial habitats could offset these trade-offs but net impacts of habitat selection and survival trade-offs on annual reproductive success must first be evaluated

    The AllWISE Motion Survey, Part 2

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    We use the AllWISE Data Release to continue our search for WISE-detected motions. In this paper, we publish another 27,846 motion objects, bringing the total number to 48,000 when objects found during our original AllWISE motion survey are included. We use this list, along with the lists of confirmed WISE-based motion objects from the recent papers by Luhman and by Schneider et al. and candidate motion objects from the recent paper by Gagne et al. to search for widely separated, common-proper-motion systems. We identify 1,039 such candidate systems. All 48,000 objects are further analyzed using color-color and color-mag plots to provide possible characterizations prior to spectroscopic follow-up. We present spectra of 172 of these, supplemented with new spectra of 23 comparison objects from the literature, and provide classifications and physical interpretations of interesting sources. Highlights include: (1) the identification of three G/K dwarfs that can be used as standard candles to study clumpiness and grain size in nearby molecular clouds because these objects are currently moving behind the clouds, (2) the confirmation/discovery of several M, L, and T dwarfs and one white dwarf whose spectrophotometric distance estimates place them 5-20 pc from the Sun, (3) the suggestion that the Na 'D' line be used as a diagnostic tool for interpreting and classifying metal-poor late-M and L dwarfs, (4) the recognition of a triple system including a carbon dwarf and late-M subdwarf, for which model fits of the late-M subdwarf (giving [Fe/H] ~ -1.0) provide a measured metallicity for the carbon star, and (5) a possible 24-pc-distant K5 dwarf + peculiar red L5 system with an apparent physical separation of 0.1 pc.Comment: 62 pages with 80 figures, accepted for publication in The Astrophysical Journal Supplement Series, 23 Mar 2016; second version fixes a few small typos and corrects the footnotes for Table

    Analyzing Visual and Multimodal Rhetorics in Monuments and Memorials

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    Curatorial note from Digital Pedagogy in the Humanities: This multistep assignment asks students to select and analyze a monument or memorial of their choice. After completing several readings on visual, spatial, and performative rhetoric, student teams visit their chosen artifact (or review it online if it is not local) and complete a systematic analysis of its physical, contextual, and commemorative elements and present their findings to the rest of the class. As material objects, the design of monuments and memorials call viewers’ attention to not only visual symbols but also issues of location, kairos, absence, and audience interaction. That is, this analysis asks students to evaluate the multitude of ways the designer(s) created meaning and encouraged viewer participation in commemorative acts

    A process evaluation of a registered nurse led patient education group program for psychiatric inpatients

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    Background: A Registered Nurse (RN) led patient education group program could be one intervention to help psychiatric inpatients make positive health choices and build stability and resilience to improve overall mental health and wellness. One such program is the RN-Led Patient Education Group Program that exists in an acute care psychiatric unit at a tertiary care setting in Newfoundland, Canada, but that program has not been evaluated. Purpose: The purpose of this practicum project was to conduct a process evaluation of that program. Methods: A literature review, consultations, and an environmental scan informed the process evaluation. Results: Key findings from the process evaluation included the need to revise the current program and develop an implementation and evaluation plan. Conclusion: The RN-Led Patient Education Group Program is an innovative mental health and wellness programs for this population but there is a need to develop a plan for future implementation and evaluation

    Using A Field Journal To Enhance Conceptual Understanding

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    Research Question: Is individual experience a significant factor in deepening conceptual understanding? Method: A Field Journal Assignment was given to two classes (1 grad and 1 undergrad) each of three terms over the course of the academic year. Students in each course were provided with a seminal reading which articulated the merits of deepening conceptual understanding by means of analyzing one’s beliefs about a particular concept and one’s reasons for holding those beliefs. (Wilson, J. 1998, “Seriousness and the Foundations of Education”, Educational Theory Vol 48: #2

    Structure-Based Regulatory Role for the 5\u27UTR of RCNMV RNA2

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    Red clover necrotic mosaic virus (RCNMV) is a segmented positive-strand RNA virus consisting of RNA1 and RNA2. Previous studies demonstrated that efficient translation of RCNMV RNA2 requires de novo synthesis of RNA2 during infections, suggesting that RNA2 replication is required for its translation. We explored a potential mechanism underlying the regulation of replication-associated translation of RNA2 by examining RNA elements in its 5\u27 untranslated region (5\u27UTR). Structural analysis of the 5\u27UTR suggested that it can form two mutually exclusive configurations: a more thermodynamically stable conformation, termed the 5\u27-basal stem structure (5\u27BS), in which 5\u27-terminal sequences are base paired, and an alternative conformation, where the 5\u27-end segment is single stranded. Functional mutational analysis of the 5\u27UTR structure indicated that (i) 43S ribosomal subunits enter at the very 5\u27-end of RNA2; (ii) the alternative conformation, containing unpaired 5\u27-terminal nucleotides, mediates efficient translation; (iii) the 5\u27BS conformation, with a paired 5\u27-end segment, supresses translation; and (iv) the 5\u27BS conformation confers stability to RNA2 from 5\u27-to-3\u27 exoribonuclease Xrn1. Based on our results, we suggest that during infections, newly synthesized RNA2s transiently adopt the alternative conformation to allow for efficient translation, then refold into the 5\u27BS conformation, which supresses translation and promotes efficient RNA2 replication. The potential advantages of this proposed 5\u27UTR-based regulatory mechanism for coordinating RNA2 translation and replication are discussed

    Phylogenetic Codivergence Supports Coevolution of Mimetic Heliconius Butterflies

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    The unpalatable and warning-patterned butterflies _Heliconius erato_ and _Heliconius melpomene_ provide the best studied example of mutualistic Müllerian mimicry, thought – but rarely demonstrated – to promote coevolution. Some of the strongest available evidence for coevolution comes from phylogenetic codivergence, the parallel divergence of ecologically associated lineages. Early evolutionary reconstructions suggested codivergence between mimetic populations of _H. erato_ and _H. melpomene_, and this was initially hailed as the most striking known case of coevolution. However, subsequent molecular phylogenetic analyses found discrepancies in phylogenetic branching patterns and timing (topological and temporal incongruence) that argued against codivergence. We present the first explicit cophylogenetic test of codivergence between mimetic populations of _H. erato_ and _H. melpomene_, and re-examine the timing of these radiations. We find statistically significant topological congruence between multilocus coalescent population phylogenies of _H. erato_ and _H. melpomene_, supporting repeated codivergence of mimetic populations. Divergence time estimates, based on a Bayesian coalescent model, suggest that the evolutionary radiations of _H. erato_ and _H. melpomene_ occurred over the same time period, and are compatible with a series of temporally congruent codivergence events. This evidence supports a history of reciprocal coevolution between Müllerian co-mimics characterised by phylogenetic codivergence and parallel phenotypic change
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