Free Essay

Should Prop. 37 Be Abolished?

In:

Submitted By HEATHERCARPENTER
Words 2333
Pages 10
Heather Carpenter
EDUC 4025/5025 – Dr. Jennifer Lucko

One of the questions that educators and policy makers have been trying to agree upon for decades is “What is the best way to teach English Language Learners (ELLs)?” This is particularly true today as the numbers of students with limited English proficiency (LEP) are increasing; about 37.4 percent of the state’s public school enrollment. ELLs face a great challenge: They must learn academic curriculum and a new language simultaneously. Some argue that it is too much to expect ELLS to learn academic content and a second language, when they have not gained literacy in their first language. Others contend ELLs students fall too far behind academically in transitional bilingual programs, and they need to learn English quickly enough and fluently enough in order to participate in academic courses in mathematics, reading/language arts, social studies, and science). In the late 1990s, bilingual education came under attack for failing to do an adequate job of developing English proficiency in ELLs in an effective and timely manner. In 1998, California voters passed Proposition 227, making it so that English language learners were to be taught “overwhelmingly in English” and would spend at least one year in Sheltered English Immersion (SEI) learning both English language development (ELD) and content instruction utilizing “specially designed academic instruction in English” (SDAIE). The goal was for Limited English Proficient (LEP) students to quickly gain English proficiency through in SEI classes so they could transition into mainstream classes and successfully participate and learn academic content with the general school population. The law would allow bilingual education under certain conditions: after the student spent 30 days in a English immersion class, if the child is younger than 10 years old, and if the parents signed a waiver. However, many bilingual programs were dismantled after Prop 227 was enacted, therefore there is no guarantee that a bilingual programs exists in a family’s district. The question we researched and debated was how have California LEP students fared under Prop 227. We contend that while statistically there has been some improvement for ELLs over the past fifteen years, especially in the lower grades for gaining English proficiency, the long term outcomes for ELLS are not as impressive. There still remains a large academic achievement gap between ELLS and former ELLs with the general population. A five-year evaluation of Proposition 227, conducted by the American Institutes for Research and WestEd (Parrish et al., 2006), was released in January 2006. The researchers tracked data from 1.5 million English learners and 3.5 million English fluent and native English-speaking students in California. From their analysis, they concluded that "there is no evidence to support an argument of the superiority of one English learner instructional approach over another." The researchers note that while gains were made for ELLS, students across all language classifications in all grades experienced performance gains on the SAT-9 and CST. However, they did find that the achievement gap between ELL students and native English speakers has remained virtually constant in most subjects and in most grades. (Parrish 2006). Also significant was the finding that the “probability of an EL being re-classified to fluent English proficient (FEP) status after 10 years in California to be less than 40 percent.” (Parrish 2006) Finally, Hispanic students who compose 50% of the students, still have a high drop out rate (30%), and EL even higher. (Parrish 2006) We decided to look at alternative models of Bilingual education and found research that suggests two-way bilingual immersion (or dual immersion) has promise for closing the achievement gap. In this approach, children from two language groups (for example, English and Spanish speakers) are taught literacy and academic content in their primary language, and also learn a second language. Over the course of the primary grades, the percentage of instruction decreases in the primary language, until students are taught in a 50:50 ratio between L1 and L2 languages. This way, students encourage and teach each other, with the goal that everyone will become bilingual. This model of teaching is based on the premise that it is better to have literacy in one language before gaining literacy in another. Research does seem to suggest that students who have received little to no academic or cognitive development in their first language tend to do increasingly poorly as academic and cognitive demands increase after fourth grade and into the upper grades (Thomas and Collier, 2002). Unlike transitional bilingual programs or English Immersion programs under Prop 227, the goal in dual language immersion programs is not to ultimately transition out of the student’s primary language, but to develop bilingualism and biliteracy for all students. In other words, the minority language is not treated as a barrier to academic achievement, but a gateway. ELLs and English speakers are both enriched by dual immersion because it gives both groups access to knowledge, identification with your culture and other cultures, and enhances social interaction. While more longitudinal studies are needed, preliminary research has shown promise in the two-way dual immersion model for closing the academic gap for LEPS. Wayne P. Thomas, and Virginia P. Collier, of George Mason University conducted a national study examining five school districts throughout the United States, including over 210,000 student records, and reviewed different program types for language minority students. They found that enrichment one-way (bilingual maintenance program) and two-way bilingual immersion programs are the only programs that assist students to fully reach the 50th percentile in both L1 and L2 in all subjects and maintain that high level of achievement through 12th grade. (Collier 2002) Native-English speakers in two-way bilingual immersion programs maintained their English, added a second language, and achieved well above the 50th percentile in all subject areas on norm-referenced tests in English. These bilingually schooled students equalled or outperformed their comparison groups being schooled monolingually, on all measures. (Collier 2002) Proponents of bilingual education have long argued that it is very difficult to gain literacy in a second language, if you have not gained literacy in your first. Collier and Thomas research supports this supposition. They found that the strongest predictor of L2 student achievement is the amount of formal L1 schooling and that the more L1 grade-level schooling, the higher students were in L2 achievement. This was true of both English Speakers and English Learners. (Collier 2002) Students from Two-Way programs also seem to thrive emotionally and socially. Lindholm-Leary (2001) and Cazabon (2000) both found among students: High levels of self-esteem, high academic competence and motivation, positive multicultural competencies, and enjoyment in studying through two languages. Unsurprisingly, Collier and Thomas also found that two-way programs have the fewest high school dropouts, compared to other programs. (2002)
If we might agree that bilingualism and biliteracy is a worthy goal for all children, the biggest issue with two-way programs is implementation. According to the California Department of Education, successful characteristics of two-way programs have “strong leadership and administrative support, qualified instructional personnel, a program duration of five to seven years, balance in classroom composition and focus on academic achievement. In addition, two-way programs need access to bilingual academic materials. We must also consider that if we intend to teach minority children in their primary language, we should probably also have academic assessments in multiple languages. All of the above entails a major overhaul in school programs, as well as a significant price tag for California taxpayers. Nevertheless, many cities such as San Jose, San Diego, Fresno, San Jose, etc. are taking the initiative to invest in these programs for their students. In 1998, proponents of Prop 227 argued: “There are 140 languages spoken by California's schoolchildren. To teach each group of children in their own native language before teaching them English is educationally and fiscally impossible. Yet this impossibility is the goal of bilingual education.” (California Secretary of State, 1998). While the overwhelming majority of ELLs in California are Spanish-speakers, this idea raises an important point about equity. Is it possible to fairly and equally address the needs of all students in a multicultural society in a two-way program? Due the high number of Spanish speakers, most two-way programs in California are Spanish-English language programs. There is strong support of ELLs cultural backgrounds, however, it’s dangerous to treat EO group as a homogenous group because of a shared language. While one of the strengths of two-way immersion programs is cultural integration and the goal of fostering cultural awareness, it could prove be challenging to meet the needs of a diverse student population. Analysts (Howard, Sugarman and Christian) evaluated the research on two way schools and in their conclusions, they cautioned “The limited research on African-American participation in TWI programs indicates that programs are not always responsive to these students’ needs, and there are conflicting findings in terms of African American student outcomes” (Howard 2003). The issues surrounding ELLs are enormously complicated and no system is perfect. The lesson we can learn from the Prop 227 is that short-term immersion in SEI and ELD classes can effectively improve performance in English proficiency when ELD and SEI are well implemented. However, it does not guarantee that FEP students will be able to meet the increasing cognitive demands of academic English in the higher grades. Being reclassified as English proficient is not necessarily associated with stronger academic performance, as we have seen there is some evidence that not all former ELLs remain strong performers over time. We can learn from bilingual programs such as dual immersion that have taken a long view that recognizes that it takes a whole childhood to educate a child. Furthermore, rather than view the minority language as a barrier to academic success, two-way programs view the primary language as a valuable foundation to build upon. We can also learn that an integrative and cooperative learning environments which promote cultural literacy and awareness, have a positive impact on the self-esteem and confidence on not only ELLs, but also all students. I did not have a strong position on this issue at the outset, as I did not have any previous knowledge and experience with this issue. Initially is seemed sensible that ELLs would have a better chance of succeeding in school if they had a strong grasp of the language they were to be instructed in. Since English is dominant language in our public schools, it makes sense the policy makers would seek to ensure that ELLs student acquire English proficiency sooner than later. Prop 227 has provided an opportunity to experiment with this hypothesis. After reading the approach and research on two-way bilingual immersion programs, it seems clear that an education that builds upon a student’s primary language is more effective for building long-term cognitive and academic capacities. However, we must remember that the intellect is only part of the story. We, as educators, must also address the social, moral, and emotional life of a student if we wish to keep our student’s engaged and to have a stake in their education. While the issues surrounding truancy and desertion are incredibly complicated, we must recognize that many minority students are simply not being met. Schools that celebrate diversity, recognize the gifts of many cultural backgrounds, and foster cultural literacy are more likely to meet the student’s emotional and social life. I would hypothesize that student’s who feel like an important part of a community are less likely to drop out. My primary training in Waldorf education has had a profound influence on my thinking and the goals I set for myself as an educator. Because we have the privilege of working with our students for up to 8 years, we have the opportunity to continually observe, assess, and implement strategies for addressing each student’s individual strengths and challenges each developmental year. There is an implicit patience that does not demand immediate outcomes but rather a steady attention to seeing what works for each individual over time. I am also very green as a teacher with high ideals and would like to believe that we as teachers can have a profound impact on a student’s attitude toward school by seeing and reflecting their unique talents as important and needed in this world. As teachers, we may not always have the liberty to develop our own curriculum and methods of assessment, but we can be totally free to develop the mood and culture we establish in our classrooms. By recognizing and respecting our student’s cultural heritage, we can make profound difference in the learning environments we create.

References:

CA Dept of Education (Web. 24 Sept. 2013) "Two-Way Bilingual Immersion Program." - Two-Way Immersion http://www.cde.ca.gov/sp/el/ip/twowyimmersion.asp

CA Secretary of State - Primary98 (Web. 24 Sept. 2013.)-“Argument in Favor of Proposition 227." http://primary98.sos.ca.gov/VoterGuide/Propositions/227yesarg.htm

Cazabon, M.T. (2000). The use of students' self-reporting in the evaluation of the Amigos two-way language immersion program. Unpublished doctoral dissertation, University of Massachusetts, Boston, MA.

Howard E.R,, Sugarman, J & Christian, D (2003) Trends in Two-Way Immersion Education - A Review of the Research. Center for Applied Research: Available: http://www.csos.jhu.edu/crespar/techReports/report63.pdf

Lindholm-Leary, K, Review of the Research and Best Practices of Effective Features of Dual Language Education Programs

Lindholm-Leary, K., & Borsato, G. (2001). Impact of two-way bilingual elementary programs on students' attitudes toward school and college (Research Report 10). Santa Cruz, CA and Washington, DC: Center for Research on Education, Diversity & Excellence.

Thomas, W.P., & Collier, V. (2002). A national study of school effectiveness for language minority students' long-term academic achievement. Santa Cruz, CA and Washington, DC: Center for Research on Education, Diversity & Excellence. Available: http:// http://www.crede.berkeley.edu/research/llaa/1.1_final.html

Similar Documents

Premium Essay

Information System

...A NEW CAR PLAN FOR A GREENER FUTURE A NEW CAR PLAN FOR A GREENER FUTURE © Commonwealth of Australia 2008 ISBN 978-0-642-72554-7 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth. Requests and inquiries concerning reproduction and rights should be addressed to the Commonwealth Copyright Administration, Attorney General’s Department, Robert Garran Offices, National Circuit, Canberra ACT 2600 or posted at http://www.ag.gov.au/cca CONTENTS PRIME MINISTER’S FOREWORD MINISTER’S FOREWORD EXECUTIVE SUMMARY WHY A NEW CAR PLAN? THE DETAILS THE GOVERNMENT’S RESPONSE TO THE REVIEW OF AUSTRALIA’S AUTOMOTIVE INDUSTRY 1 3 5 7 9 13 PRIME MINISTER’S FOREWORD The Hon Kevin Rudd MP Prime Minister of Australia Our first car took to the road as early as 1897, when David Shearer demonstrated his steam-driven horseless carriage in South Australia. Yet it would be two generations before the first 48-215 Holden came off the line in 1948, and motor vehicle production began in earnest. That’s a measure of how hard it is to establish an automotive industry, and a reminder of why Australian governments have dedicated themselves to ensuring that we remain a car-making country. In the past, governments have tried to protect the industry with tariffs and quotas. The Button Plan of the 1980s showed there was a better way. If we want the Australian car...

Words: 7028 - Pages: 29

Premium Essay

Operations Management, Hrm

...American Business Law Journal Volume 45, Issue 2, 283–330, Summer 2008 The Impact of Compulsory Licensing on Foreign Direct Investment: A Collective Bargaining Approach Robert Birdn and Daniel R. Cahoynn I. INTRODUCTION The need to facilitate access to essential medicines for those with lifethreatening or fatal diseases like HIV, tuberculosis, and malaria has generated significant interest. Yet, an inevitable tension exists between the need for pharmaceutical companies to profit from their patented inventions and the desire to provide access for impoverished persons. Developing nations have attempted to resolve this tension through the issuance of patent compulsory licensesFauthorizations for government-approved generic copies1Fso that those in need of the n Assistant Professor of Business Law, School of Business, University of Connecticut. This article received the Holmes-Cardozo Award for Outstanding Submitted Conference Paper as well as the Ralph J. Bunche Best Paper Award at the Academy of Legal Studies in Business Annual Meeting, Indianapolis, IN, August 2007. Our thanks for comments and support go to Jayashree Watal, Peter Yu, Douglas Lippoldt, and the other participants at the University of Connecticut’s Center for International Business Education and Research Conference, ‘‘The Impact of Intellectual Property Rights on Innovation, Knowledge Diffusion, and Foreign Direct Investment in the Global Economy,’’ Storrs, CT, May 2007. Additional thanks to Anthony Kwasnica and...

Words: 20568 - Pages: 83

Free Essay

Grammar Worksheet

...GLENCOE LANGUAGE ARTS Grammar and Language Workbook G RADE 9 Glencoe/McGraw-Hill Copyright © by The McGraw-Hill Companies, Inc. All rights reserved. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or means, or stored in a database or retrieval system, without the prior written permission of the publisher. Send all inquiries to: Glencoe/McGraw-Hill 936 Eastwind Drive Westerville, Ohio 43081 ISBN 0-02-818294-4 Printed in the United States of America 1 2 3 4 5 6 7 8 9 10 024 03 02 01 00 99 Contents Handbook of Definitions and Rules .........................1 Troubleshooter ........................................................21 Part 1 Grammar ......................................................45 Unit 1 Parts of Speech 1.1 Nouns: Singular, Plural, and Collective ....47 1.2 Nouns: Proper and Common; Concrete and Abstract.................................49 1.3 Pronouns: Personal and Possessive; Reflexive and Intensive...............................51 1.4 Pronouns: Interrogative and Relative; Demonstrative and Indefinite .....................53 1.5 Verbs: Action (Transitive/Intransitive) ......55 1.6 Verbs: Linking .............................................57 1.7 Verb Phrases ................................................59 1.8 Adjectives ....................................................61 1.9 Adverbs........................................................63 1.10 Prepositions...

Words: 107004 - Pages: 429

Premium Essay

Wael Hallaq, Shari'a

...This page intentionally left blank An Introduction to Islamic Law The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The author expounds on the roles of jurists, who reasoned about the law, and of judges and others who administered justice; on how different legal schools came to be established, and on how a moral law functioned in early Muslim society generally. The second part explains how the law was transformed and ultimately dismantled during the colonial period. As the author demonstrates, this rupture necessitated its reinvention in the twentiethcentury world of nation-states. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms and lists for further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and its history. w a e l b . h a l l a q is James McGill Professor in Islamic Law in the Institute of Islamic Studies at McGill University. He is a worldrenowned...

Words: 86898 - Pages: 348

Premium Essay

The Impact of Foreign Aid in Kenya

...SID 1223384 A PROPOSAL TO EVALUATE THE IMPACT THAT FOREIGN AID HAS HAD ON DEVELOPMENT IN KENYA RESEARCH STUDIES MOD001774 SHIRLEY JONES SID 1223384 FACULTY OF HEALTH, SOCIAL CARE AND EDUCATION 2012/13 1 SID 1223384 ABSTRACT The aim of this study is to evaluate the impact of foreign aid on development in Kenya. The study will investigate the effect that foreign aid has had on development, appraising its benefits as well as exposing its shortcomings. Judging from the level of aid that the developing world receives and the economic development that takes place in third world countries, there appears to be an inverse relationship between aid and development. With this continuing debate, my interest of study has been to find out foreign aid’s impact to development in Kenya as it is dependent of aid but poverty still seems impossibility in the country for many decades. Therefore, the study will seek to expose these pitfalls of foreign assistance to a nation’s growth and development, using the Kenyan example to illustrate this relationship. The prevailing research methodology shall be of a qualitative positivist nature. Debates still exist around foreign aid dependency and economic development in the “Third World” countries as despite the input from developed countries there hasn’t been much change witnessed in the developing nations which are still drowning in poverty since 1960’s. The study will highlight on the demerit of excess foreign aid has development whereby...

Words: 10863 - Pages: 44

Premium Essay

Term Paper

...Legal Studies Research Paper Series Research Paper No. 07 - 25 E-marriage: Breaking the Marriage Monopoly Adam Candeub Mae Kuykendall This paper can be downloaded without charge from the Social Science Research Network Electronic Paper Collection at: http://ssrn.com/abstract=1491704 Candeub-Kuykendall: Draft. Do Not Cite or Quote Without Permission E-MARRIAGE: BREAKING THE MARRIAGE MONOPOLY Adam Candeub and Mae Kuykendall ∗ ABSTRACT: This Article advocates updating the law governing marriage formation to recognize the shift in social interactions from real to virtual life. We argue that couples can use internet communications not only to marry when separated by great distance but also to choose which state’s laws will authorize their marriage. In particular, same sex couples could marry under the laws of a state that permit such unions, regardless of where they exchange vows. States inadvertently have created geographic monopolies, requiring each marriage receiving the benefits of their licensing laws to be performed within their borders. This Article’s model builds upon established precedents, such as proxy marriage and choice of law for multijurisdictional and internet contracts. Using the power of internet communications, our proposal allows states to compete over marriage’s procedures and substance. Depending on a couple’s preferences for “e-ritual” and a state’s desired level of regulatory control, couples could consume the trappings of a traditional ceremony...

Words: 27161 - Pages: 109

Free Essay

Child Labour

...10000 quiz questions and answers www.cartiaz.ro 10000 general knowledge questions and answers 10000 general knowledge questions and answers www.cartiaz.ro No Questions Quiz 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Carl and the Passions changed band name to what How many rings on the Olympic flag What colour is vermilion a shade of King Zog ruled which country What colour is Spock's blood Where in your body is your patella Where can you find London bridge today What spirit is mixed with ginger beer in a Moscow mule Who was the first man in space What would you do with a Yashmak Who betrayed Jesus to the Romans Which animal lays eggs On television what was Flipper Who's band was The Quarrymen Which was the most successful Grand National horse Who starred as the Six Million Dollar Man In the song Waltzing Matilda - What is a Jumbuck Who was Dan Dare's greatest enemy in the Eagle What is Dick Grayson better known as What was given on the fourth day of Christmas What was Skippy ( on TV ) What does a funambulist do What is the name of Dennis the Menace's dog What are bactrians and dromedaries Who played The Fugitive Who was the King of Swing Who was the first man to fly across the channel Who starred as Rocky Balboa In which war was the charge of the Light Brigade Who invented the television Who would use a mashie niblick In the song who killed Cock Robin What do deciduous...

Words: 123102 - Pages: 493

Premium Essay

Chinese Economy

...RESEARCH PAPER 06/36 19 JUNE 2006 A Political and Economic Introduction to China “If the 20th century ended in 1989, the 21st began in 1978” Martin Jacques, The Guardian, 25 May 2006 China’s political and economic rise and what it means for the world is now a central preoccupation of analysts and policy-makers. Public awareness of China is likely to increase as the 2008 Olympics in Beijing draw near. This Research Paper is intended to act as a resource that Members of Parliament and their staff can draw upon when engaging with China’s remarkable transformation. Part I provides key facts and figures about China. Parts II and III review recent developments and future prospects by addressing four key questions. Is political authoritarianism sustainable? Can China’s development be peaceful? What are the main domestic economic challenges facing China? What is China’s impact on the world economy? Part IV summarises key aspects of UK and EU relations with China. The Paper ends with a select bibliography of key sources. The Research Paper is intended to act as a platform for a series of Library Standard Notes that will address in more depth specific issues about China that there is space here only to discuss briefly. Jon Lunn, Maria Lalic, Ben Smith and Claire Taylor INTERNATIONAL AFFAIRS AND DEFENCE SECTION Ed Beale, Ed Potton, Ian Townsend and Dominic Webb ECONOMIC POLICY AND STATISTICS SECTION HOUSE OF COMMONS LIBRARY Recent Library Research Papers include: List of 15...

Words: 40320 - Pages: 162

Free Essay

Gmat

...GMAT GRADUATE MANAGEMENT ADMISSION TEST McGraw-Hill’s 2008 Edition James Hasik Stacey Rudnick Ryan Hackney New York | Chicago | San Francisco | Lisbon London | Madrid | Mexico City | Milan | New Delhi San Juan | Seoul | Singapore | Sydney | Toronto Copyright © 2007 by The McGraw-Hill Companies, Inc. All rights reserved. Manufactured in the United States of America. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written permission of the publisher. 0-07-151120-2 The material in this eBook also appears in the print version of this title: 0-07-149340-9. All trademarks are trademarks of their respective owners. Rather than put a trademark symbol after every occurrence of a trademarked name, we use names in an editorial fashion only, and to the benefit of the trademark owner, with no intention of infringement of the trademark. Where such designations appear in this book, they have been printed with initial caps. McGraw-Hill eBooks are available at special quantity discounts to use as premiums and sales promotions, or for use in corporate training programs. For more information, please contact George Hoare, Special Sales, at george_hoare@mcgraw-hill.com or (212) 904-4069. TERMS OF USE This is a copyrighted work and The McGraw-Hill Companies, Inc. (“McGraw-Hill”) and its licensors reserve all rights...

Words: 234594 - Pages: 939

Premium Essay

Reading a Novel in 1950-2000

...Reading the Novel in English 1950–2000 i RTNA01 1 13/6/05, 5:28 PM READING THE NOVEL General Editor: Daniel R. Schwarz The aim of this series is to provide practical introductions to reading the novel in both the British and Irish, and the American traditions. Published Reading the Modern British and Irish Novel 1890–1930 Reading the Novel in English 1950–2000 Daniel R. Schwarz Brian W. Shaffer Forthcoming Reading the Eighteenth-Century Novel Paula R. Backscheider Reading the Nineteenth-Century Novel Harry E. Shaw and Alison Case Reading the American Novel 1780–1865 Shirley Samuels Reading the American Novel 1865–1914 G. R. Thompson Reading the Twentieth-Century American Novel James Phelan ii RTNA01 2 13/6/05, 5:28 PM Reading the Novel in English 1950–2000 Brian W. Shaffer iii RTNA01 3 13/6/05, 5:28 PM © 2006 by Brian W. Shaffer BLACKWELL PUBLISHING 350 Main Street, Malden, MA 02148-5020, USA 9600 Garsington Road, Oxford OX4 2DQ, UK 550 Swanston Street, Carlton, Victoria 3053, Australia The right of Brian W. Shaffer to be identified as the Author of this Work has been asserted in accordance with the UK Copyright, Designs, and Patents Act 1988. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by the UK Copyright, Designs, and...

Words: 123617 - Pages: 495

Free Essay

Text and Context in Russian Legislation

...Text and Context in Russian Legislation With Specific Reference To The Russian Constitution Nigel J. Jamieson* ABSTRACT Law and politics have a closer inter-textual relationship in Russian jurisprudence than would be understood generally of any European legal system. The closeness of this inter-textual relationship can be partly explained by history, culture, and language, as also by dialectics, ideologies, and literature. Concepts of law, government, and the state, together with concepts of federalism, democracy, and the rule of law, can vary so markedly from their apparently translatable equivalents that, even when recognising the formal concept of a codified Constitution, the inter-textual relationship between the enacted law and politics remains so dynamic as to be impossible to tell which it is, of law or of politics, that is the text, and which the context. This inter-textual relationship remains so strongly and continuously dynamic at the level of public and international law that the customary division by which lawyers, and common lawyers especially, assume law to be the text and politics to be the context carries a critical risk. This paper identifies that risk in terms of law, literature, and logic, as well as in terms of history, politics, and dialectics. To focus solely on law as a specialism without any more syncretic and synergic account of the other contributing disciplines, is to make the textual tail of the law wag the contextual dogsbody...

Words: 20768 - Pages: 84

Premium Essay

America Invents Act of 2011

...Public Use, On Sale": Is Non-Public Commercial Activity Included? 3.3.2 Omitted Concepts 3.3.2.1 "Known or Used" 3.3.2.2 "In this Country" 3.3.2.3 Invention Dates; On the Continuing Relevance of "Conception" and "Reduction to Practice"; "Who" Problems and "When" Problems; Derivation; Ownership 3.3.3 New or Revised Concepts 3.3.3.1 "Otherwise Available to the Public" 3.3.3.2 "Claimed Invention"; Generic Claims and Specific Disclosures 3.3.3.3 "Effective Filing Date" 3.3.4 Grace Period: Exception for Inventor Disclosures A Year or Less Before Filing 3.3.4.1 Inventor Disclosures; Derivation 3.3.4.2 Prior Disclosure by Inventor 3.3.5 Senior Right 3.3.5.1 Applications Previously Filed by Others as Prior Art; Effective Filing Date; Hilmer Abolished 3.3.5.2 Avoiding Senior Filed Application Disclosure 3.3.5.2.1 Subject Matter Obtained from Inventor 3.3.5.2.2 Subject Matter Previously Publicly Disclosed 3.3.5.2.3 Common Ownership; Prior Art Disqualifier 3.4 Amended Section 103 on Obviousness 3.5 Statutory Invention Registration Repealed 3.6 Conforming Amendments Required by Section 102 Amendments 3.6.1 Section 172; Design Patents; Right of Priority 3.6.2 Section 287; Exemption for Medical Practitioners 3.6.3 International Applications under the Patent Cooperation Treaty 3.6.3.1 Prior Art Effect; Section 363 3.6.3.2...

Words: 57761 - Pages: 232

Premium Essay

Case Study

...012-IBE-CaseStudies.docx Academic Year 2011-2012 International Business Environment Jean-Guillaume DITTER, PhD Groupe ESC Dijon Bourgogne – Burgundy School of Business SUPPORT DOCUMENT I - CASE STUDIES The texts making-up this document review and emphasize significant issues covered during the sessions. The questions asked at the beginning of each set of texts are meant to help students identify the issues that they should pay attention to. Students will work in teams on one single case study (see class outline for number of students per team). Each team will produce a presentation slideshow of its case study (7-10 slides per presentation, depending on the size of the case). Slideshows will be presented orally during sessions, according to the class outline (1520mn per presentation). Each team member will actively participate in his/her team presentation. Page 1 of 35 012-IBE-CaseStudies.docx CONTENTS Case Study 1. Text 1. Text 2. Text 3. Case Study 2. Text 4. Case Study 3. Text 5. Text 6. Text 7. Case Study 4. Text 8. Text 9. Text 10. Text 11. Text 12. Text 13. Case Study 5. Text 14. Text 15. Text 16. Text 17. Text 18. Text 19. Case Study 6. Text 20. Text 21. Case Study 7. Text 22. Text 23. Text 24. Text 25. Chinese Mercantilism .................................................................................................... 3 Chinese New Year ............................................................................................................

Words: 18376 - Pages: 74

Premium Essay

Bas Bhat

...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor...

Words: 195907 - Pages: 784

Premium Essay

Homework

...'Vhat'Ve Can't A Guide J. Budzisze wski WHAT WE CAN’T NOT KNOW J. BUDZISZEWSKI WHAT WE CAN’T NOT KNOW A Guide Revised and Expanded Edition IGNATIUS PRESS SAN FRANCISCO First edition published by Spence Publishing Company, Dallas, Texas ©2003 by J. Budziszewski All rights reserved Cover illustration: Comstock/Fotosearch.com Cover design by Sam Torode ©2004 Spence Publishing Company Used by permission Published in 2011 by Ignatius Press, San Francisco ©2003, 2011 J. Budziszewski All rights reserved ISBN 978-1-58617-481-1 Library of Congress Control Number 2010927673 Printed in the United States of America To my grandparents Julian and Janina Budziszewski, long departed, not forgotten The mind of man is the product of live Law; it thinks by law, it dwells in the midst of law, it gathers from law its growth; with law, therefore, can it alone work to any result. —George MacDonald CONTENTS PREFACE TO THE SECOND EDITION A New Phase of an Old Tradition ix PREFACE TO THE FIRST EDITION Whom This Book Is For xix ACKNOWLEDGMENTS xxiii INTRODUCTION The Moral Common Ground 3 I THE LOST WORLD Things We Can’t Not Know 1 2 What It Is That We Can’t Not Know 3 Could We Get By Knowing Less? II EXPLAINING THE LOST WORLD 4 The First and Second Witnesses 5 The Third and Fourth Witnesses 6 Some Objections vii 19 29 54 83 93 116 viii WHAT WE CAN’T NOT KNOW III HOW THE LOST WORLD WAS LOST 7...

Words: 89540 - Pages: 359