Carl Maria von Weber’s Overture to Oberon: A History of Recorded Performance

My research examines the recorded performance history of the Overture to Weber’s Oberon in light of these aesthetic goals. I have charted changes in performance practice trends, including in timing, tempo fluctuation, rhythmic accuracy and ensemble, and the use of portamento. The twenty recordings studied that I surveyed span nearly seventy-five years, and include many of the 20th century’s most prominent conductors and orchestras, including groups from Communist Russia, both pre-World War II and post-World War II continental Europe, the British Isles, and the United States.8 Though by no means comprehensive, my selections encompass a diverse sampling of surviving recordings, ensuring a large enough sample size to reflect general trends in the performance of Weber’s masterpiece. My research and analysis confirms the conventional view of a move toward more accurate—but also more cautious, uniform, and inexpressive— performances. Surprisingly, however, this analysis also suggests that we are on the cusp of a new era in orchestra performance practice, one that shares many of the values of the earlier recorded performances. While maintaining today’s high standards of execution, modern performances now look to regain many of the past’s expressive qualities, doing so in sometimes surprising ways.

Enforcement in environmental law: an economic analysis of citizen suits

Previous to 1970, state and federal agencies held exclusive enforcement responsibilities over the violation of pollution control standards. However, recognizing that the government had neither the time nor resources to provide full enforcement, Congress created citizen suits. Citizen suits, first amended to the Clean Air Act in 1970, authorize citizens to act as private attorney generals and to sue polluters for violating the terms of their operating permits. Since that time, Congress has included citizen suits in 13 other federal statutes. The citizen suit phenomenon is sufficiently new that little is known about it. However, we do know that citizen suits have increased rapidly since the early 1980's. Between 1982 and 1986 the number of citizen suits jumped from 41 to 266. Obviously, they are becoming a widely used method of enforcing the environmental statutes. This paper will provide a detailed description, analysis and evaluation of citizen suits. It will begin with an introduction and will then move on to provide some historic and descriptive background on such issues as how citizen suit powers are delegated, what limitations are placed on the citizens, what parties are on each side of the suit, what citizens can enforce against, and the types of remedies available. The following section of the paper will provide an economic analysis of citizen suits. It will begin with a discussion of non-profit organizations, especially non-profit environmental organizations, detailing the economic factors which instigate their creation and activities. Three models will be developed to investigate the evolution and effects of citizen suits. The first model will provide an analysis of the demand for citizen suits from the point of view of a potential litigator showing how varying remedies, limitations and reimbursement procedures can effect both the level and types of activities undertaken. The second model shows how firm behavior could be expected to respond to citizen suits. Finally, a third model will look specifically at the issue of efficiency to determine whether the introduction of citizen enforcement leads to greater or lesser economic efficiency in pollution control. The database on which the analysis rests consists of 1205 cases compiled by the author. For the purposes of this project this list of citizen suit cases and their attributes were computerized and used to test a series of hypotheses derived from three original economic models. The database includes information regarding plaintiffs, defendants date notice and/or complaint was filed and statutes involved in the claim. The analysis focuses on six federal environmental statutes (Clean Water Act} Resource Conservation and Recovery Act, Comprehensive Environmental Response Compensation and Liability Act, Clean Air Act, Toxic Substances Control Act, and Safe Drinking Water Act) because the majority of citizen suits have occurred under these statutes.