Kapitał zakładowy w spółce z ograniczoną odpowiedzialnością – skuteczny instrument ochrony wierzycieli?

This article deals with a draft bill amending the Code of Commercial Companies and the ongoing debate on the planned amendment which includes a proposal to remove a fixed minimum of share capital in limited liability companies. The most important issue under consideration in this paper is the protection of a company’s creditors. The author of the following article, referring to a number of already published statements concerning the draft bill, summarizes the ongoing discussion about the role and the functions of share capital and the proposed new instruments for strengthening creditors’ protection.

Music Maker – A Camera-based Music Making Tool for Physical Rehabilitation

The therapeutic effects of playing music are being recognized increasingly in the field of rehabilitation medicine. People with physical disabilities, however, often do not have the motor dexterity needed to play an instrument. We developed a camera-based human-computer interface called "Music Maker" to provide such people with a means to make music by performing therapeutic exercises. Music Maker uses computer vision techniques to convert the movements of a patient's body part, for example, a finger, hand, or foot, into musical and visual feedback using the open software platform EyesWeb. It can be adjusted to a patient's particular therapeutic needs and provides quantitative tools for monitoring the recovery process and assessing therapeutic outcomes. We tested the potential of Music Maker as a rehabilitation tool with six subjects who responded to or created music in various movement exercises. In these proof-of-concept experiments, Music Maker has performed reliably and shown its promise as a therapeutic device.

The musical enculturation of Irish traditional musicians: An ethnographic study of learning processes

The enculturation of Irish traditional musicians involves informal, non-formal, and sometimes formal learning processes in a number of different settings, including traditional music sessions, workshops, festivals, and classes. Irish traditional musicians also learn directly from family, peers, and mentors and by using various forms of technology. Each experience contributes to the enculturation process in meaningful and complementary ways. The ethnographic research discussed in this dissertation suggests that within Irish traditional music culture, enculturation occurs most effectively when learners experience a multitude of learning practices. A variety of experiences insures that novices receive multiple opportunities for engagement and learning. If a learner finds one learning practice ineffective, there are other avenues of enculturation. This thesis explores the musical enculturation of Irish traditional musicians. It focuses on the process of becoming a musician by drawing on methodologies and theories from ethnomusicology, education, and Irish traditional music studies. Data was gathered through multiple ethnographic methodologies. Fieldwork based on participant-observation was carried out in a variety of learning contexts, including traditional music sessions, festivals, workshops, and weekly classes. Additionally, interviews with twenty accomplished Irish traditional musicians provide diverse narratives and firsthand insight into musical development and enculturation. These and other methodologies are discussed in Chapter 1. The three main chapters of the thesis explore various common learning experiences. Chapter 2 explores how Irish traditional musicians learn during social and musical interactions between peers, mentors, and family members, and focuses on live music-making which occurs in private homes, sessions, and concerts. These informal and non-formal learning experiences primarily take place outside of organizations and institutions. The interview data suggests these learning experiences are perhaps the most pervasive and influential in terms of musical enculturation. Chapter 3 discusses learning experience in more organized settings, such as traditional music classes, workshops, summer schools, and festivals. The role of organizations such as Comhaltas Ceoltóirí Éireann and pipers’ clubs are discussed from the point of view of the learner. Many of the learning experiences explored in this chapter are informal, non-formal, and sometimes formal in nature, depending on the philosophy of the organization, institution, and individual teacher. The interview data and field observations indicate that learning in these contexts is common and plays a significant role in enculturation, particularly for traditional musicians who were born during and after the 1970s. Chapter 4 explores the ways Irish traditional musicians use technology, including written sources, phonography, videography, websites, and emerging technologies, during the enculturation process. Each type of technology presents different educational implications, and traditional musicians use these technologies in diverse ways and some more than others. For this, and other reasons, technology plays a complex role during the process of musical enculturation. Drawing on themes which emerge during Chapter 2, 3, and 4, the final chapter of this dissertation explores overarching patterns of enculturation within Irish traditional music culture. This ethnographic work suggests that longevity of participation and engagement in multiple learning and performance opportunities foster the enculturation of Irish traditional musicians. Through numerous and prolonged participation in music-making, novices become accustomed to and learn musical, social, and cultural behaviours. The final chapter also explores interconnections between learning experiences and also proposes directions for future research.

Self-neglect: development and evaluation of a self-neglect (SN-37) measurement instrument

Aim: To develop and evaluate the psychometric properties of an instrument for the measurement of self-neglect (SN).Conceptual Framework: An elder self-neglect (ESN) conceptual framework guided the literature review and scale development. The framework has two key dimensions physical/psycho-social and environmental and seven sub dimensions which are representative of the factors that can contribute to intentional and unintentional SN. Methods: A descriptive cross-sectional design was adopted to achieve the research aim. The study was conducted in two phases. Phase 1 involved the development of the questionnaire content and structure. Phase 2 focused on establishing the psychometric properties of the instrument. Content validity was established by a panel of 8 experts and piloted with 9 health and social care professionals. The instrument was subsequently posted with a stamped addressed envelope to 566 health and social care professionals who met specific eligibility criteria across the four HSE areas. A total of 341 questionnaires were returned, a response rate of 60% and 305 (50%) completed responses were included in exploratory factor analysis (EFA). Item and factor analyses were performed to elicit the instruments underlying factor structure and establish preliminary construct validity. Findings: Item and factor analyses resulted in a logically coherent, 37 items, five factor solution, explaining 55.6% of the cumulative variance. The factors were labelled: ‘Environment’, ‘Social Networks’, ‘Emotional and Behavioural Liability’, ‘Health Avoidance’ and ‘Self-Determinism’. The factor loadings were >0.40 for all items on each of the five subscales. Preliminary construct validity was supported by findings. Conclusion: The main outcome of this research is a 37 item Self-Neglect (SN-37) measurement instrument that was developed by EFA and underpinned by an ESN conceptual framework. Preliminary psychometric evaluation of the instrument is promising. Future work should be directed at establishing the construct and criterion related validity of the instrument.

Development and psychometric evaluation of the spirituality instrument (SpI-27) in a sample of people with chronic illness

Background: Spirituality is fundamental to all human beings, existing within a person, and developing until death. This research sought to operationalise spirituality in a sample of individuals with chronic illness. A review of the conceptual literature identified three dimensions of spirituality: connectedness, transcendence, and meaning in life. A review of the empirical literature identified one instrument that measures the three dimensions together. Yet, recent appraisals of this instrument highlighted issues with item formulation and limited evidence of reliability and validity. Aim: The aim of this research was to develop a theoretically-grounded instrument to measure spirituality – the Spirituality Instrument-27 (SpI-27). A secondary aim was to psychometrically evaluate this instrument in a sample of individuals with chronic illness (n=249). Methods: A two-phase design was adopted. Phase one consisted of the development of the SpI-27 based on item generation from a concept analysis, a literature review, and an instrument appraisal. The second phase established the psychometric properties of the instrument and included: a qualitative descriptive design to establish content validity; a pilot study to evaluate the mode of administration; and a descriptive correlational design to assess the instrument’s reliability and validity. Data were analysed using SPSS (Version 18). Results: Results of exploratory factor analysis concluded a final five-factor solution with 27 items. These five factors were labelled: Connectedness with Others, Self-Transcendence, Self-Cognisance, Conservationism, and Connectedness with a Higher Power. Cronbach’s alpha coefficients ranged from 0.823 to 0.911 for the five factors, and 0.904 for the overall scale, indicating high internal consistency. Paired-sample t-tests, intra-class correlations, and weighted kappa values supported the temporal stability of the instrument over 2 weeks. A significant positive correlation was found between the SpI-27 and the Spirituality Index of Well-Being, providing evidence for convergent validity. Conclusion: This research addresses a call for a theoretically-grounded instrument to measure spirituality.

Designing and evaluating an interactive assessment instrument to improve the process for mobile service application innovation

Published Version

TRADITION AND INNOVATION: ANALYSIS AND PERFORMANCE OF SELECTED COMPOSITIONS FOR VIOLONCELLO BY HEITOR VILLA-LOBOS

Brazilian composer Heitor Villa-Lobos (1887-1959) began his musical career as a cellist. When he was only twelve years old, it became imperativeupon the sudden and untimely death of his fatherthat the young Villa-Lobos earn money as a cellist to provide financial support for his mother and sisters. Villa-Lobos's intimate relationship with the cello eventually inspired him to compose great music for this instrument. This dissertation explores both the diversity of compositional technique and the evolution of style found in the music for cello written by Villa-Lobos. The project consists of two recorded recital performances and a written document exploring and analyzing those pieces. In the study of the music of Villa-Lobos, it is of great interest to consider the music's traditional European elements in combination (or even juxtaposition) with its imaginative and sometimes wildly innovative Brazilian character. His early works were greatly influenced by European Romantic composers such as Robert Schumann, Frédéric Chopin, and the virtuoso cellist/composer David Popper (whom Villa-Lobos idolized). Later, Villa-Lobos flourished in a newfound compositional independence and moved away from Euro-romanticism and toward the folk music of his Brazilian homeland. It is intriguing to experience this transition through an exploration of his cello compositions. The works examined and performed in this dissertation project are chosen from among the extensive number of Villa-Lobos's cello compositions and are his most important works for cello with piano, cello with another instrument, and cello with orchestra. The chosen works demonstrate the evolving range and combination of characteristic elements found in Villa-Lobos's compositional repertoire.

Instrument independent diffuse reflectance spectroscopy.

Diffuse reflectance spectroscopy with a fiber optic probe is a powerful tool for quantitative tissue characterization and disease diagnosis. Significant systematic errors can arise in the measured reflectance spectra and thus in the derived tissue physiological and morphological parameters due to real-time instrument fluctuations. We demonstrate a novel fiber optic probe with real-time, self-calibration capability that can be used for UV-visible diffuse reflectance spectroscopy in biological tissue in clinical settings. The probe is tested in a number of synthetic liquid phantoms over a wide range of tissue optical properties for significant variations in source intensity fluctuations caused by instrument warm up and day-to-day drift. While the accuracy for extraction of absorber concentrations is comparable to that achieved with the traditional calibration (with a reflectance standard), the accuracy for extraction of reduced scattering coefficients is significantly improved with the self-calibration probe compared to traditional calibration. This technology could be used to achieve instrument-independent diffuse reflectance spectroscopy in vivo and obviate the need for instrument warm up and post∕premeasurement calibration, thus saving up to an hour of precious clinical time.

ELGAR AND MART&: THE CELLO WORKS AND MUSICAL CHARACTERISTICS OF TWO REMARKABLE, SELF-TAUGHT, NATIONALISTIC COMPOSERS

The British Edward Elgar and Czech Bohuslav MartinB were two of the most prominent Nationalistic composers of their respective countries during the late nineteenth and early twentieth centuries. Their musical patriotism incorporates the unique paths of their lives as socially isolated and self-taught composers as expressed their outstanding Nationalistic compositions produced through the period of history encompassing the two World Wars.In the first chapter of this dissertation, a brief biography of Elgar is presented and the essential aspects of his formative years influencing him to become a self-taught musician are discussed. The second chapter demonstrates Elgar's musical characteristics through the study of a selection of his masterpieces. In the third chapter, a brief biography of Martinti is presented along with a history of his musical development, characterized by his social isolation during four different periods of his life-his residences in PoliCka, Prague, Paris, and then in the United States. The fourth chapter considers MartinB's musical characteristics as revealed through the study of a selection of his greatest works. In support of this doctoral project, I performed two recitals of cello works by Elgar and Martini3 at the University of Maryland, College Park. The first recital, accompanied by Susan Slingland and Hiroko Yamazaki, included three of Martini3's works, Sonata No. 2 for Cello and Piano (1941); Variations on a Theme of Rossini for Cello and Piano (1 942); and Sonata No. 3 for Cello and Piano (1952). The second recital, accompanied by Wonyoung Chang and Naoko Takao, presented Martini3's Sonata No. 1 for Cello and Piano (1939) and Elgar's Concerto for Cello and Orchestra Op. 85 in E minor (1 919).

The Oud Across Arabic Culture

This study is a compilation and compendium of information on the oud, the most important instrument in Arabic classical music. It has grown out of my own long-time involvement in studying and playing the oud, and in particular out of my interest in the lack of sources and knowledge available to the vast majority of oud players and researchers, as well as for the readers. My own path started from an intensive study of the oud, which included exposure to several treaties; some housed in museums around the globe, and some only available in the Arabic language. The study combines archival research (including Arabic poetry and pre-Islamic Era and medieval treaties), symbolism, new archaeological discoveries, field interviews, and analysis of existing scholarship, and draws on my professional performance experience for detailed stylistic analysis of the oud's performance practice and its historical development. The study consists of participant observation, personal performance, and interviews conducted in person, via telephone, and/or via e-mail, according to the choice of the performers. The performers have been selected from networks of musicians who perform regularly at lounges, concert halls, and private events. These performers have been chosen according to their musical knowledge, technical skill, experience, and activity in Arabic music and oud performance. Chapter one deals with the purpose of this study and the methods of investigation, as well as giving a brief overview of the history of the oud. In addition, there will be an introduction to the Arabic musical system (mâqâm), which is primarily based on the mechanics and sound production of the oud. Chapter two deals with the oud in Arabic sources: the first source is Arabic poetry in the pre-Islamic Era. The second source is Arabic poetry in the medieval era, in which I found a significant number of poets who allude to the oud, providing accurate descriptions of the player, singers, and the scenes within the contexts of oud performance. The third source is the Arab scholars' intensive treatises with meticulous accounts of the instrument's apparatii, including descriptions and measurements of the parts, strings, and tuning. While chapter three deals with the classification, the development of the oud, chapter four deals with topics such as: the symbolism of the oud and its relation to cosmology, astronomy, mathematics and anatomy. In most of the pertinent Arabic writings, philosophers mention a significant correlation between the oud and the other sciences. Chapter five deals with recreating the performance practice of the oud. A case study of the oud performers focuses on their style, technique, training, and personal experiences. Topics such as improvisation and ornamentation, the oud in the Arabic musical ensemble, the social uses and functions, and gender in musical performance practices will be included in detailed analysis. Other important topics will be analyzed such as traditional vs. modern technique, and the repertoire of the oud. Specifically, in regard to technique, the study outline the style of the music, the role of the oud in Arabic ensembles, the function of the oud in music composition, and the form of the ensembles in Arabic performance and practice.

Sikh Sabad Kirtan as a Musical Construction of Memory

The performance of devotional music in India has been an active, sonic conduit where spiritual identities are shaped and forged, and both history and mythology lived out and remembered daily. For the followers of Sikhism, congregational hymn singing has been the vehicle through which text, melody and ritual act as repositories of memory, elevating memory to a place where historical and social events can be reenacted and memorialized on levels of spiritual significance. This dissertation investigates the musical process of Shabad Kirtan, Sikh hymn singing, in a Sikh musical service as a powerful vehicle to forge a sense of identification between individual and the group. As an intimate part of Sikh life from birth to death, the repertoire of Shabad Kirtan draws from a rich mosaic of classical and folk genres as well as performance styles, acting as a musical and cognitive archive. Through a detailed analysis of the Asa Di Var service, Shabad Kirtan is explored as a phenomenological experience where time, place and occasion interact as a meaningful unit through which the congregation creates and recreates themselves, invoking deep memories and emotional experiences. Supported by explanatory tables, diagrams and musical transcriptions, the sonic movements of the service show how the Divine Word as Shabad is not only embodied through the Guru Granth Sahib, but also encountered through the human enactment of the service, aurally, viscerally and phenomenologically.

Exploring Musical Diversity in the Collaborative Repertoire from 1880 through 1963

It is essential in musical performance not only to convey the unique language of the composers but also to approach each composition from the perspective of its style. During the 20th century, diverse musical idioms co-existed, sometimes mixing or fusing, yet retaining recognizable characteristics and thereby remaining distinctive. This dissertation explores myriad examples from Late Romanticism/Post- Romanticism, Naturalism, Neo-Classicism, Nationalism and Impressionism composed during this unusually rich period. In order to explore a broad range of collaborative repertoire and to deepen my knowledge of the styles and performance practices relating to these pieces, I studied and performed the repertoire with pianist Eunae Baik–Kim, clarinetist Jihoon Chang, and singers Joshua Brown and Young Joo Lee. The first program featured Post-Romantic, Neo-Classic and Impressionist two-piano works composed by Debussy, Rachmaninoff, and Stravinsky. Each of the three composers used their own distinctive harmonies, rhythms, melodic inventions, pedaling and figurations. In all of the works, both piano parts were densely interwoven, having equal importance. Lied and operatic aria was the focus of the second recital. Brahms’ Vier Ernste Gesänge Op. 121, Ravel’s Don Quichotte a Dulcineé and Italian, French and German operatic arias were the examples of Post-Romanticism and Nationalism. The representative composers were Verdi, Massenet, Korngold, Leoncavallo, Ravel and Wagner. Despite the fact that all of the repertoire was written in traditional musical forms, the composers’ unique voices mark each work as belonging to a particular genre. The third recital focused on Post-Romantic and Impressionistic music written for clarinet and piano: the Première Rhapsodie by Debussy, the Sonata by Poulenc and Brahms’ Sonata in F minor Op. 120, No. 1. These works, although profoundly different in style, share elements of simplicity, clarity and elegance as well as technical virtuosity, articulation and profound musical depth. The three recitals which comprise this dissertation project were performed at the University of Maryland Gildenhorn Recital Hall on February 27, 2010, October 25, 2010, and January 31, 2011. The recitals were recorded on compact disc and are archived within the Digital Repository at the University of Maryland (DRUM).

RECITAL REPERTOIRE FOR TROMBONE AND PERCUSSION

The solo trombone recital was once a rare musical event, but in recent years professional and amateur trombonists frequently present solo performances. The trombone has been around since the latter half of the 15th century and there is a wealth of ensemble repertoire, written for the instrument; however, there is no corresponding corpus of solo works. A small body of solo works does exist, from baroque sonatas and the alto trombone concertos of Leopold Mozart and Georg Wagenseil, to the romantic works by Ferdinand David and Nicolai Rimsky-Korsakov. This repertoire is small in number and a modern trombonist often has to resort to orchestral reductions and arrangements for modern performance in a solo recital setting. The trombone came into its own as a solo instrument in the 20th century and it is in this era where the bulk of a modern trombonist's repertoire resides. While there is now no shortage of music to choose from, presenting a diverse, yet musically cohesive recital remains a challenge though many interesting musical opportunities can arise to meet this challenge. While the piano is an extremely versatile instrument, pairing trombone with percussion opens up possibilities that are absent from the more traditional piano pairing. Percussion instruments can offer an almost unlimited variation of timbre and dynamics to complement the trombone. Dynamic range of the trombone must be considered as the instrument has the ability to play at the extremes of the dynamic range. Percussion instruments can match the trombone in these extremes. When presenting a recital of 20th and 21st century music, using timbre and dynamic range as selection criteria when planning the program are effective ways to bring a unique and intense musical experience to the audience. In this paper, the two considerations of dynamics and timbre will be explored and the need for a dissertation recital project will be explained.

DEGENERATE MUSIC?! MUSICAL CENSORSHIP IN THE THIRD REICH

In 1938, in Düsseldorf, the Nazis put on an exhibit entitled "Entartete Musik” (degenerate music), which included composers on the basis of their “racial origins” (i.e. Jews), or because of the “modernist style” of their music. Performance, publication, broadcast, or sale of music by composers deemed “degenerate” was forbidden by law throughout the Third Reich. Among these composers were some of the most prominent composers of the first half of the twentieth-century. They included Stravinsky, Schoenberg, Webern, Berg, Mahler, Ernst Krenek, George Gershwin, Kurt Weill, Erwin Schulhoff, and others. The music of nineteenth-century composers of Jewish origin, such as Mendelssohn and Meyerbeer, was also officially proscribed. In each of the three recitals for this project, significant works were performed by composers who were included in this exhibition, namely, Mendelssohn, Webern, Berg, Weill, and Hans Gal. In addition, as an example of self-censorship, a work of Karl Amadeus Hartmann was included. Hartmann chose “internal exile” by refusing to allow performance of his works in Germany during the Nazi regime. One notable exception to the above categories was a work by Beethoven that was presented as a bellwether of the relationship between music and politics. The range of styles and genres in these three recitals indicates the degree to which Nazi musical censorship cut a wide swath across Europe’s musical life with devastating consequences for its music and culture.