Constitutive rhetoric theory posits that community identity is rhetorically created. There are various approaches to constitutive rhetoric, though most rhetoricians have chosen to focus on the works of Maurice Charland and Michael McGee, whose approaches focus on audience so much that often the rhetor has no agency. This project blends their ideas with those of James Boyd White to create works of criticism that highlight an increased amount of agency for the rhetor. As examples, I have chosen four case studies from the year 1954: the Brown v. Board decision, the Army-McCarthy hearing (specifically McCarthy's heated exchange with Joe Welch), the addition of "under God" to the Pledge of Allegiance, and the first article in the first dated issue of Playboy. Each chapter is designed to provide an example of what a constitutive analysis in the style of White would look like. The project begins with a description of the theories and analyses, including constitutive rhetoric, postmodernism, and textual analysis. The Brown v. Board analysis begins with a brief history of the case, moves to a rhetorical analysis, and then connects the analysis to ideas of constitutive rhetoric. The McCarthy sections examines the "Have you no sense of decency?" exchange between Welch and McCarthy. It begins with a brief explanation of McCarthy's reputation, and then utilizes an understanding of conspiracy rhetoric in the rhetorical analysis in order to explain McCarthy's constitutive efforts. The Pledge of Allegiance analysis provides a brief a summary of the Congressional arguments made to add the words "under God" to the Pledge of Allegiance, then provides a textual analysis of the Pledge (with the addition), emphasizing the power of those words, especially given the epideictic nature of the Pledge. The Playboy research focuses on the first 1954 article, which directly addresses the question of American identity. The article is contextualized with Hugh Hefner's self-proclaimed Philosophy of Playboy. Finally, all of these case studies are tied together again with further explanations of constitutive rhetoric, showing that White's understanding of constitutive rhetoric can be used to bolster Charland and McGee's in order to give agency to the rhetor.

Sparčiai vystantis kreditavimo santykiams, taip pat bankams bei kitoms kredito įstaigoms aktyviai plečiant įvairialypio finansavimo politiką, neišvengiamai susiduriama su efektyvių prievolių įvykdymo užtikrinimo būdų ieškojimu. Tačiau šiuo ekonominiu laikotarpiu ypatingai kreipiamas dėmesys ne tik į patikimiausius bei efektyviausius prievolių įvykdymo užtikrinimo būdus, bet ir į procedūras, taikomas išieškant iš įkeisto turto. Būtent šio darbo objektas yra išieškojimo iš įkeisto turto procesas, tokio proceso problematika. Darbe iškeliamas tikslas išanalizuoti išieškojimo iš įkeisto turto procesą, nustatyti kylančias problemas, apsunkinančias efektyvią kreditorių interesų apsaugą bei skolininkų interesų garantiją, pasiūlyti galimus sprendimo būdus. Tikslo pasiekimas įgyvendinamas šiais uždaviniais: palyginti išieškojimo iš įkeisto turto procesą su išieškojimo procesu bendra tvarka, atlikti išsamią išieškojimo iš įkeisto turto procesą reglamentuojančių teisės normų analizę, nuodugniai išstudijuoti susiformavusią teismų praktiką taikant teisės normas, reglamentuojančias išieškojimą iš įkeisto turto. Pirmajame darbo skyriuje nustatomi išieškojimo proceso iš įkeisto turto ir išieškojimo proceso bendra tvarka esminiai skirtumai ir panašumai. Vadovaujantis nustatytais esminiais skirtumais ir panašumais, atskleidžiamas minėtų išieškojimo procesų tarpusavio ryšys. Antrajame darbo skyriuje analizuojamas išieškojimas iš įkeisto nekilnojamojo turto. Skyrius suskirstytas į du poskyrius... [toliau žr. visą tekstą] / The effective kinds of security of performance of obligations are becoming more important not only in the period of rapidly developing credit intercourses, but also as banks and other credit institutions are actively expanding their miscellaneous credit policy. At this economically dramatic period not only kinds of security of performance of obligations are targeted, but also the procedures which are applied in order to recover from collateral. Thus the object of this master degree thesis is the process of the recovery from collateral, the issues of such recovery process. The aim of the final master degree thesis is to deliver an exhaustive analysis of the process from collateral, to ascertain the problems, which compound the effective security of creditor’s interests and the appropriate guarantee of debtor’s interests, also propose possible solutions of determined problems. The above goals are achieved through the comparison of recovery process from collateral and recovery process in general, the analysis of rules of law, regulating the recovery from collateral, the exhaustive analysis of application of aforementioned rules of law in practice. The first section of the thesis discusses the essential differences and similarities of the recovery process from collateral and recovery process in general. By discussing it the intercourse of these processes is determined. The second section gives an analysis of the recovery process from the mortgaged assets. The section is divided... [to full text]

In this article, author makes a description and analysis of the performance of security interest in credits. in that sense, it is analys the credit as object of security interest. Also, it is analyze the particular process of the creation of this security interest and its opposability to third parties. Finally, there is the process of execution of the foregoing security interest. / En el presente artículo, el autor realiza una descripción y análisis del funcionamiento de la Garantía Mobiliaria sobre Créditos. e n ese sentido, se analiza al Crédito como objeto de la garantía mobiliaria. Asimismo, se ve el proceso particular de la constitución de esta garantía mobiliaria y su oponibilidad a terceros. Finalmente, se observa el proceso de ejecución de la mencionada garantía.

The subject of this master thesis is a released share. The paper is divided into 2 main parts which correspond with 2 main goals of this thesis - a detailed analysis of general provisions on a released share and analysis of the collision of provisions governing the released share and a share pledge. In the general part of the thesis, the released share is described thoroughly, as well as the process of how the companies have to deal with it. The structure of the general part follows the structure of the Business Corporations Act. Firstly, the released share is described, followed by the sale of released share with all its problems, settlement share and the process the company follows after the settlement share is paid out, i.e. the transfer of the released share to the remaining members or reduction of registered capital. In the general part of the thesis I also compare the effective legislation and the amendment of Business Corporations Act which is being prepared at the time of writing this paper and which could bring solutions to many problems arising out of the effective legislation. In the special part, which I assume to be the key part of this paper, I analyse the collision of regulations of released share and share pledge. To begin with, I describe the rights of the pledgee to the released pledged...

1 Abstract Interest in Real Estate The aim of this thesis is to provide a thorough analysis od key aspets of the institute of Security Interest in Real Estate, as well as current legislation of this issue. Thanks to the focus on a specific subject of the pledge, i.e. the real estate, given its relatively more permanent nature compared to most other things, as well as the generally longer duration of legal relationships arising from legal proceedings in the application of the institute of Security Interest in Real Estate, the topic which cannot be overlooked consist of intertemporal norms governing the relationship of the effective legal regulation by the current Civil Code and legal regulation contained in the derogated Act No. 40/1964 Coll. of the Civil Code as amended until 31 December 2013. The perspective of the elaboration of the mentioned topic in the level of de lege lata, thus defined, is supplemented by the text of the thesis with some ongoing considerations de lege ferenda within the conclusions resulting from the analysis. Although the essence of general topic of this thesis is a theoretical dissertation, the intention of the text does not resign to possible practical benefits, while the author consistently pays attention to argumentation and verification of key hypotheses, as well as ongoing...

The thesis deals with risks related to the valuation of real property for banking institutions. In the theoretical inputs are defined areas related to bank loans, especially mortgages, real estate valuation and value analysis. There is a considerable part focused on defining the risks associated with the of real property valuation for banking institutions. There is in the practical part already made a case study, which is focused on the risk assessment that can affect the value of the pledge of real property for providing a mortgage. To meet this aim, first step is to put value on selected property for the purpose of a mortgage. The next step is based on a questionnaire survey to specify risks that affect the value of the pledge and to prioritize it. At the conclusion of thesis are compared defined risks with risks obtained from the case study.

Indiana University-Purdue University Indianapolis (IUPUI) / Patriotic education began when the Woman’s Relief Corps was established. The earliest patriotic education was done on Memorial Day rather than on a daily basis in the schoolroom. The WRC’s plan for patriotic education went into full gear in 1893. The history of the Woman’s Relief Corps and the implementation of patriotic education is a fascinating one that shows how a conservative organization of women implemented a regimented daily routine that today shows more about the women and their beliefs than one might expect. As time passed after the Civil War, more and more Union veterans died leaving the legacy to keep the memory of the War alive to the WRC. Patriotic education provided a perfect avenue to keep that memory alive as well as to inculcate the students with patriotism and how to be good citizens. As patriotic education evolved and grew, there was a pattern of changing rhetoric among educators and the WRC. This is visible when one looks at the discussions amongst the members of the WRC during and immediately after a war. Generally, during a war, the women of the WRC would step back into a supportive role of American military and then immediately after a war would take advantage of the patriotic fervor to further expand patriotic education.

A bill of exchange was historically used for payment purposes. However, over time it was figured out that it can designate as a securing instrument. Such a usage of a bill of exchange brings as well a series of theoretical and practical confusions. Therefore, one of the main aims of this thesis is to analyze a securing bill of exchange and examine and describe the different attributes and specifics that bind to it. Another main aim of this thesis is securing bill of exchange to be compared with another hedging instruments which are provided by civil law, such as the pledge and the suretyship. Because of this comparison it is easier to show if the bill of exchange is an appropriate securing instrument, and what are its strengths and weaknesses. As a working method is using analysis and comparison. The thesis is divided into nine chapters. The first chapter sets out the aims and the direction which the thesis will take and further outline of the content of each chapter. The second chapter deals with the general definition of a bill of exchange, lists the types of a bill of exchange that exist. It also defines the functions of a bill of exchange, where these functions are meant a tender, payment tool or securing instrument. The third chapter describes the essence of a securing bill of exchange, which...

The final thesis deals with a share in a private limited company as a security. An introduction chapter is being followed by a chapter describing the historical development of the pledge over a share in a private company limited by shares and the securing ownership transfer on the current territory of the Czech Republic. The next chapter deals with the basic preconditions of a valid pledge contract over share. The transferability of a share, different rules for transfer contract and pledge contract and future pledge contract are being stressed. The new case law of the Supreme Court of the Czech Republic dealing with the pledge contract over shares is discussed. The following chapter inquires the problems regarding the registration of the pledge in the commercial register and protection of the good faith when dealing in trust in the data registered in the commercial register. The right to propose the registration of the pledge to the commercial register is examined. The author compares the protection of the good faith when dealing in trust in the commercial register and the land register in the fourth chapter. The possibility to acquire a pledge on a share from a non-owner and the possible acquisition of a share without any rights of third persons is considered. The possibility of acquisition of the...

This thesis focuses on selected interpretation issues accompanying the particular stages of the existence of a pledge over a business enterprise. First, the thesis provides the basic definition of a business enterprise, with an emphasis on the characteristics relevant for the pledge purposes. In addition to the analysis of its legal definition, the thesis comes to defining the business enterprise as a special kind of a collective asset. The text further focuses on the moment the pledge over the business enterprise is created. It concludes that the pledge over the business enterprise itself, including each individual asset forming it, is created upon constitutive registration in the registry of pledges. The centrepiece of the analysis supporting this conclusion is represented by the concept of a business enterprise as a functional unit, which is dealt with as a such by the law, and not only in connection with the creation of a pledge. The next part of the thesis addresses the consequences of this mode of creation of a pledge for the protection of the good faith of third parties. It comes to the conclusion that, if a third party acquires a right in rem to a particular asset forming the pledged business enterprise, in good faith in the absence of its encumbrance, where the pledge over the business...