【每日阅读训练第四期——速度越障2系列】【2-14】文史哲

Threesu

明天要期末考试第一门-所以今天先发出来了~~
Gwendolyn Brooks, 1917-2000: First African-American to Win a Pulitzer Prize for Literature
By Cynthia Kirk


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SHIRLEY GRIFFITH: I'm Shirley Griffith.
SARA LONG: And I'm Sarah Long with the VOA Special English program, PEOPLE IN AMERICA. Today we tell about the life of award-winning poet Gwendolyn Brooks. She was the first African American to win a Pulitzer Prize for Literature.
SHIRLEY GRIFFITH: Gwendolyn Brooks wrote hundreds of poems during her lifetime. She had more than twenty books published. She was known around the world for using poetry to increase understanding about black culture in America.
Gwendolyn Brooks wrote many poems about being black during the nineteen forties and nineteen fifties. Her poems described conditions among the poor, racial inequality and drug use in the black community. She also wrote poems about the struggles of black women.
But her skill was more than her ability to write about struggling black people. She was an expert at the language of poetry. She combined traditional European poetry styles with the African American experience.
SARA LONG: Gwendolyn Brooks once said that she wrote about what she saw and heard in the street. She said she found most of her material looking out of the window of her second-floor apartment house in Chicago, Illinois.
In her early poetry, Gwendolyn Brooks wrote about the South Side of Chicago. The South Side of Chicago is where many black people live. In her poems, the South Side is called Bronzeville. It was "A Street in Bronzeville" that gained the attention of literary experts in nineteen-forty-five. Critics praised her poetic skill and her powerful descriptions about the black experience during the time. The Bronzeville poems were her first published collection.
Here she is reading from her nineteen forty-five collection, "A Street in Bronzeville."
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GWENDOLYN BROOKS: "My father, it is surely a blue place and straight. Right, regular, where I shall find no need for scholarly nonchalance or looks a little to the left or guards upon the heart."
SHIRLEY GRIFFITH: In nineteen fifty, Gwendolyn Brooks became the first African American to win the Pulitzer Prize for Literature. She won the prize for her second book of poems called "Annie Allen." "Annie Allen" is a collection of poetry about the life of a Bronzeville girl as a daughter, a wife and mother. She experiences loneliness, loss, death and being poor.
Ms. Brooks said that winning the prize changed her life.
Her next work was a novel written in nineteen fifty-three called "Maud Martha." "Maud Martha" received little notice when it first published. But now it is considered an important work by some critics. Its main ideas about the difficult life of many women are popular among female writers today.
SARA LONG: Gwendolyn Brooks wrote poems about the black experience in America. She described the anger many blacks had about racial injustice and the feeling of being different. She used poetry to criticize those who did not show respect for the poor. Yet for all the anger in her writing, Gwendolyn Brooks was considered by many to be a gentle spirit and a very giving person.
By the early nineteen sixties, Ms. Brooks had reached a high point in her writing career. She was considered one of America's leading black writers. She was a popular teacher. She was praised for her use of language and the way people identified with her writing.
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SHIRLEY GRIFFITH: Gwendolyn Brooks was born in Topeka, Kansas in nineteen seventeen. But she grew up in Chicago. She began writing when she was eleven years old. She mailed several poems to a community newspaper in Chicago to surprise her family.
In a radio broadcast in nineteen sixty-one, Ms. Brooks said her mother urged her to develop her poetic skills:
GWENDOLYN BROOKS: My mother took me to the library when, I guess, I was about four or five. I enjoyed reading poetry and I tried to write it when I was, I think, about seven, at the time that I first tried to put rhymes together. And I have loved it ever since."
SARA LONG: Gwendolyn Brooks married Henry L. Blakely in nineteen thirty-nine. Henry Blakely was a young writer who later published his own poetry. They lived in Chicago for the next thirty years, divorced in nineteen sixty-nine, but re-united in nineteen seventy-three. They had two children, Nora Brooks Blakely and Henry Blakely.
Throughout her life, Ms. Brooks supported herself through speaking appearances, poetry readings and part-time teaching in colleges. She also received money from organizations that offered grants designed to support the arts.
SHIRLEY GRIFFITH: One of Gwendolyn Brooks's most famous poems is called "We Real Cool". It is a short poem that talks about young people feeling hopeless:


We real cool. We


Left school. We


Lurk late. We


Strike straight. We


Sing sin. We


Thin gin. We


Jazz June. We


Die soon.
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SARA LONG: By the end of the nineteen sixties, Gwendolyn Brooks's poetry expanded from the everyday experiences of people in Bronzeville. She wrote about a wider world and dealt with important political issues. She won praise for her sharper, real-life poetic style.
Gwendolyn Brooks was affected by the civil rights struggles and social changes taking place in America. She began to question her relations with whites. She said she felt that black poets should write for black people.
That became evident in her next collection of poetry in nineteen sixty-eight called "In the Mecca." Critics suggested Ms. Brooks had become too political and seemed to be writing only for black people. Her new poems received little notice in the press.
SHIRLEY GRIFFITH:
In some of her poems, Gwendolyn Brooks described how what people see in life is affected by who they are. One example is this poem, "Corners on the Curving Sky":


Our earth is round, and, among other things


That means that you and I can hold


completely different


Points of view and both be right.


The difference of our positions will show


Stars in your window. I cannot even imagine.


Your sky may burn with light,


While mine, at the same moment,


Spreads beautiful to darkness.


Still, we must choose how we separately corner


The circling universe of our experience


Once chosen, our cornering will determine


The message of any star and darkness we


encounter.
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SARA LONG: Although her poetry did not receive much notice in the press, Gwendolyn Brooks continued to receive honors. She was chosen poet laureate of the state of Illinois in nineteen sixty-eight. In nineteen seventy-six, she became the first black woman to be elected to the National Institute of Arts and Letters. She received a lifetime achievement award from the National Endowment for the Arts in nineteen eighty-nine. And she was named the nineteen ninety-four Jefferson Lecturer by the National Endowment for the Humanities. That is the highest honor given by the federal government for work in the humanities.
Ms. Brooks once said that of all the awards she received, there was only one that meant a lot to her. It was given to her at a workshop in an old theater in Chicago. She said: "I was given an award for just being me, and that's what poetry is to me – just being me."
SHIRLEY GRIFFITH: Although she was well known, Gwendolyn Brooks lived a quiet life. She said her greatest interest was being involved with young people. She spent time giving readings at schools, prisons and hospitals. She also attended yearly poetry competitions for Chicago children. She often paid for the awards given to the winners.
In nineteen sixty-two, President John F. Kennedy asked Ms. Brooks to speak at a Library of Congress poetry festival. Soon after, she began teaching creative writing at universities in Chicago, New York, and Wisconsin. She liked working with students. She felt that young people would lead the way in healing the wounds of the United States civil rights movement of the nineteen sixties. To honor her work, Chicago State University formed the Gwendolyn Brooks Center for Creative Writing and Black literature.
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自由阅读
SARA LONG: Gwendolyn Brooks influenced many African American writers. Friends say her prize-winning works also helped other black Americans to develop their own sense of identity and culture.
Doctors discovered Ms. Brooks had cancer in November, two thousand. She died December third at her home in Chicago. She was eighty-three.
The funeral service was held on the South Side, the same area of the city that had been a window for much of Ms. Brooks's poetry. The service was at times filled with laughter. There were warm remembrances of a woman whose life and words had touched people forever. African drums sounded and dancers leaped.
SHIRLEY GRIFFITH: This Special English program was written and produced by Cynthia Kirk. Our studio engineer was Holly Capeheart. I'm Shirley Griffith.
SARA LONG: And I'm Sarah Long. Join us again next week for another PEOPLE IN AMERICA program on the Voice of America.
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越障
Palsgraf, Punitive Damages, and Preemption
SYMPOSIUM BY BENJAMIN C. ZIPURSKY


The standard One-L curriculum remains heavy on Torts, Contracts, and Property, presumably on the theory that these subjects will help students learn “to think like lawyers.” Ironically, however, these are the subjects in which leading scholars are most attracted to the opposite approach: they want to think like economists, philosophers, political scientists, and historians, not like lawyers. And so it is that a basic common law subject like Torts has turned into a battleground for “law-and-” scholars, with scholars of law and economics pushing efficiency theories on one side and legal philosophers pushing corrective justice theory on the other.
New Private Law theory is founded on the idea that legal scholars must do both: although we must avail ourselves of the sophistication of cognate fields of study, we must, in the end, think and theorize like lawyers. New Private Law theorists recognize the value of a pragmatism that is sensitive to which functions the law serves, critical as to how well it is serving those functions, and open-minded about how it might better serve them. We insist, however, that understanding private law goes far beyond an appreciation of its salutary functions and its limits. The task requires understanding the concepts and principles entrenched in the law and the structures, institutions, and languages that implement these concepts through the practices of courts, legislators, and lawyers. I have dubbed this view “pragmatic conceptualism” and, along with Professor John Goldberg, have applied it to a wide array of problems in tort law over the past fourteen years.
This Article utilizes a pragmatic conceptualist methodology to solve three problems in tort law: one on Palsgraf, one on punitive damages, and one on federal preemption. In each case, pragmatic conceptualism allows us to cut through distracting features of the problem, to avoid the embarrassment of judicial paralysis, and to move forward with a coherent approach that identifies which decisions will need to be made by judges and what practical concerns those decisions will turn on. Indeed, in each of the sections that follow, I begin by showing that courts and commentators have been so badly confused by the problem before them that they have been incoherent, silent, or deadlocked. The confusion has been generated by a failure to recognize that — despite the many aspects of tort law that render it importantly public — there is something distinctively private about the common law of torts. Utilizing civil recourse theory, this Article alleviates the confusion and articulates solutions to all three problems.
Part I begins with the canonical case of first-year Torts, Palsgraf v. Long Island Railroad Co. The central point of Chief Judge Cardozo’s Palsgraf opinion is that a defendant’s failure to use due care must have been a breach of the duty of due care owed to the plaintiff; the breach and duty elements of the negligence claim must fit together in the right way. The opinion infers this requirement from the broader principle that a plaintiff may not sue in tort for a wrong to another, which itself flows from the idea that a tort claim is fundamentally a private right of action to redress a wrong to oneself. Chief Judge Cardozo utterly rejected the sort of private attorney general conception of tort law that has become prevalent in contemporary tort thinking. So long as scholars and students reading his Palsgraf opinion resist his private-law mindset, they are doomed to misunderstand what the opinion actually says.
Part II turns from the past to the present, from Palsgraf to the constitutional status of punitive damages. Over the past two decades, the United States Supreme Court has wrestled with the question of when, if ever, a state’s punitive damages law fails to live up to the standards of the Fourteenth Amendment’s Due Process Clause. The Court’s difficulties were dramatically revealed in Philip Morris USA v. Williams, in which the Court granted certiorari three separate times, only to concede defeat to a unanimous Supreme Court of Oregon in a per curiam dismissal. Civil recourse theory and the private/public distinction seen in Palsgraf point toward a clearer picture of the intersection of punitive damages and due process. At common law, a private plaintiff — even if he was seeking punitive damages — was not playing a private attorney general role; he was redressing a wrong to himself or herself. For reasons explained below, the Due Process Clause applies in a more relaxed manner to such claims. To the extent that Oregon and other states now wish to do something demonstrably different with their punitive damages law than permitting plaintiffs to redress wrongs to themselves, the process they provide to defendants must be more robust than that provided by the common law of torts.
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泾渭不凡

final，加油~~听着征服天堂，偶们征服绩点哪~~

spencerX

希望大家期末都能有好成绩~占

1:09
0:59
1:03
0:50
1:03


4:24

bet

1  1‘50"
2  1’45”
3  1'23''
4  1'22''
5  1'34''

越障 9’11''
P1 Some courses relay on "thinking like a lawyer pattern", but an alternative is presented.
P2 New private law theory is introduced and it has two aspects.
P3 An article is introduced to explain 3 questions
P4 part I is about breach of a duty care??
P5 part II is about punitive damages


我是刚刚报上名的筒子，第一次做练习，发现自己速度不是一般的慢啊，越障读起来更是费劲，怪不得一战那么惨呢，差太远了，后面的筒子不要见笑啊~~  话说这个越障写完回忆还是不太明白，生词太多，对法律也完全不了解。。。。

sb1119

1:54
1;39
1:37
1:07
1:30

越障还是晕菜  ，同楼上  后面同志们莫见笑
7:34
1.一些学者认为应该向律师一样思考，可有些人不同意 说要向经济学家，政治学家等思考。
2.介绍了法律理论的基础   不仅看到功能和局限性还要理解概念和原理   注重实际概念
3.实际的理论解决了3大问题   还解决了学者的困惑
part 1  原告的duty care  学生抵制P的私法，误解真实的东西
part2  过去惩罚没达到标准，现在O和一些国家要对被告更robust   加大处罚力度

无力吐槽。。。。。。。

jiline

1'22 GB wrote poems about struggles of black people.Her early poetry wrote about the south side of Chicago, where many black people live
1'21 Introduce the book which won the prize. GB wrote many books to criticiZe those who do not show respect for the poor. She is considered as the America's leading black writers
1'10 DB's born place, writing poems surpriseing her family, her marriage.
0'48 GB thought the black poets should write for black people
1'28 GB's poetry did not receive much notice in the press, but continued to receive honors. The most important award to her is the award for just being her. She likes to be involved with young people.

越障：
5‘36 The theory want to help students learn "to think like lawyers", but those subjects lead scholars to the opposite approach.New private law theory is not easy to be understood. The confusion about the three problemw in tort law will be alleviated.

teddybearj4

速度：
1'25    1'15     1'11     1'23    1'10

越障太多专有名词了，基本木有看懂！tell us to think as lawyer?!
大家都去考期末了唉~估计我考的那会大家都放假了！

小胖宝

2'03
2'20
2'04
2'00
2'06
59''
4'57

jolene91

1.26
1.25
1.12
1.22
1.33
5.41

Herisson0509

1:26
1:00
0:57
1:06
1:04
0:30