The Ethics of Implementation: Institutional Remedies and the Lawyer's Role

The issue addressed in this article is whether and to what extent a lawyer has an ethical responsibility to pursue implementation of the remedy in institutional reform litigation. Institutional reform litigation refers to cases in which an individual or class of individuals sues a large organization in order to vindicate constitutional or statutory rights. The types of cases with which this article is concerned are the "public law" type, such as school desegregation, prisoners' rights and patients' rights cases, although included under the rubric of institutional reform can be, inter alia, antitrust, reapportionment and bankruptcy cases. The implementation stage of institutional reform litigation arises after an individual or class of individuals prevails at the liability stage, or pursuant to a settlement, and a court orders the defendant organization to change in order to vindicate the plaintiffs' rights. At that point, the defendant organization, whether it be a prison, mental hospital or school district, usually has the burden of implementing the order. One conclusion drawn is that the ethical duty of the lawyer must always be consistent with the lawyer's "special responsibility for the quality of justice."

THE FLUTE MUSIC OF PAUL DESENNE: A COMPARATIVE ANALYTICAL STUDY OF REPRESENTATIVE WORKS

The significance of the works by Venezuelan-born composer Paul Desenne lies in his unique compositional style that incorporates elements of Latin American folk, pop, and traditional music within the framework of the Western European tradition. His works, though easily classified as art music, nevertheless gain much of their emotional and referential meaning through this rich borrowing. This document focuses on three of Desenne’s flute pieces: the Solo Flute Sonata (2001), Gurrufío for flute orchestra (1997), and Guasa Macabra for flute and clarinet (2003). It provides an analysis of the three works, examining formal, structural, motivic, and rhythmic aspects. Scores and interviews with the composer have been employed as primary sources. Bibliographical material closely related to his music and other secondary sources support this analytical approach. This document also provides an introduction and stylistic discussion of Desenne’s other pieces that incorporate the flute. Chapter one consists of an introduction to Desenne’s life and general considerations of his musical style. Each of the following three chapters focuses on one the three aforementioned flute works, including information about the composition and premiere of each piece as well as analysis and an examination of its incorporation of traditional folk elements. The final chapter presents an introduction to and stylistic discussion of the other flute pieces by this composer. This study intends to provide a basic understanding of Desenne’s flute music, including general characteristics of his musical style, paving the way for further investigation of Desenne’s music, and flute music in particular.

Literacy Research: Issues of Authority, Ownership, and Representation

With the “social turn” of language in the past decade within English studies, ethnographic and teacher research methods increasingly have acquired legitimacy as a means of studying student literacy. And with this legitimacy, graduate students specializing in literacy and composition studies increasingly are being encouraged to use ethnographic and teacher research methods to study student literacy within classrooms. Yet few of the narratives produced from these studies discuss the problems that frequently arise when participant observers enter the classroom. Recently, some researchers have begun to interrogate the extent to which ethnographic and teacher research methods are able to construct and disseminate knowledge in empowering ways (Anderson & Irvine, 1993; Bishop, 1993; Fine, 1994; Fleischer. 1994; McLaren, 1992). While ethnographic and teacher research methods have oftentimes been touted as being more democratic and nonhierarchical than quantitative methods—-which oftentimes erase individuals lived experiences with numbers and statistical formulas—-researchers are just beginning to probe the ways that ethnographic and teacher research models can also be silencing, unreflective, and oppressive. Those who have begun to question the ethics of conducting, writing about, and disseminating knowledge in education have coined the term “critical” research, a rather vague and loose term that proposes a position of reflexivity and self-critique for all research methods, not just ethnography or teacher research. Drawing upon theories of feminist consciousness-raising, liberatory praxis, and community-action research, theories of critical research aim to involve researchers and participants in a highly participatory framework for constructing knowledge, an inquiry that seeks to question, disrupt, or intervene in the conditions under study for some socially transformative end. While critical research methods are always contingent upon the context being studied, in general they are undergirded by principles of non-hierarchical relations, participatory collaboration, problem-posing, dialogic inquiry, and multiple and multi-voiced interpretations. In distinguishing between critical and traditional ethnographic processes, for instance, Peter McLaren says that critical ethnography asks questions such as “[u]nder what conditions and to what ends do we. as educational researchers, enter into relations of cooperation. mutuality, and reciprocity with those who we research?” (p. 78) and “what social effects do you want your evaluations and understandings to have?” (p. 83). In»the same vein, Michelle Fine suggests that critical researchers must move beyond notions of the etic/emic dichotomy of researcher positionality in order to “probe how we are in relation with the contexts we study and with our informants, understanding that we are all multiple in those relations” (p. 72). Researchers in composition and literacy stud¬ies who endorse critical research methods, then, aim to enact some sort of positive transformative change in keeping with the needs and interests of the participants with whom they work.

Music at the Fair! The Trans- Mississippi and International Exposition. An Interactive Website

“Music at the Fair!” gives the daily musical programs for The Trans-Mississippi and International Exposition, held in Omaha, Nebraska, June 1 through October 31, 1898. The Trans-Mississippi and International Exposition brought an unprecedented array of local, national, and international musical acts to Omaha, NE in 1898. This served to designate Omaha, "the gateway to the west" as a musical hub, as well as to incite musical excitement in the region. Some of the more popular acts featured were the Theodore Thomas Orchestra, the U.S. Marine Band, and the Apollo Club of Chicago. Many more groups and their musical programs can be found within the pages of this site. The “Music at the Fair!” website was created by Grace Carey, and last revised on May 19, 2006.It is the result of a two- year research grant funded by an Undergraduate Creative Activities and Research Experiences (UCARE) grant through the University of Nebraska at Lincoln. It is an extension of an ongoing project on music at the TME by Music Professor Peter Lefferts. The primary sources of information for the site are the following newspapers from June – November 1898: The Omaha Daily Bee, the Omaha Evening Bee, and the Omaha World Herald, and the the official programs of the fair located in the archives at the Omaha Public Library. I would like to thank the helpful staff at the Nebraska State Historical Society and the downtown branch of the Omaha Public Library. Site Creator: Grace Carey Project Advisor: Peter Lefferts, Professor of Music History at the University of Nebraska, Lincoln The linked “Document” is a flat PDF version of the interactive website. To download the fully interactive html version, click on the “Related file” to download the zipped folder. When unzipped, click on the file named “index” to enter the website.