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"description": "Back of the envelope calculations are often expected in system design questions. They help logically state the parameters influencing a result, and estimating the capacity requires multiple estimations on the way. Also lets us individually state our assumptions.\n\nEg: Estimate the hardware requirements to set up a system like YouTube.\nEg: Estimate the number of petrol pumps in the city of Mumbai.\n\nChapters\n00:06 Storage Requirements\n01:20 Supplementary storage requirements\n03:54 Back of Envelope calculations\n05:38 Youtube caching estimation\n08:58 Youtube video processing estimation\n12:14 Conclusion\n\n------STORAGE\nLet's start with storage requirements:\nAbout 1 billion active users.\nI assume 1/1000 produces a video a day.\nWhich means 1 million new videos a day.\n\nWhat's the size of each video?\nAssume the average length of a video to be 10 minutes. \n Assume a 10 minute video to be of size 1 GB. Or...\nA video is a bunch of images. 10 minutes is 600 seconds. Each second has 24 frames. So a video has 25*600 = 150,000 frames.\n Each frame is of size 1 MB. Which means (1.5 * 10^5) * (10^6) bytes = 150 GB.\nThis estimate is very inaccurate, and hence we must either revise our estimate or hope the interviewer corrects us. Normal video of 10 minutes is about 700 MB.\n\nAs each video is of about 1GB, we assume the storage requirement per day is 1GB * 1 million = 1 PB. \n\nThis is the bare minimum storage requirement to store the original videos. If we want to have redundancy for fault tolerance and performance, we have to store copies. I'll choose 3 copies. \nThat's 3 petabytes of raw data storage.\nWhat about video formats and encoding? Let's assume a single type of encoding, mp4, and the formats will take a 720p video and store it in 480, 360, 240 and 144p respectively. That means approximately half the video size per codec.\n\nIf X is the original storage requirement = 1 PB,\nWe have X + X/2 + X/4 + X/8 == 2*X.\nWith redundancy, that's 2X * 3 = 6*X.\n\nThat's 6 PB(processed) + 3PB (raw) == 10 PB of data. About 100 hard drives. The cost of this system is about 1 million per day.\n\nFor a 3 year plan, we can expect a 1 billion dollar storage price.\n\nNow let's look at the real numbers:\nVideo upload speed = 3 * 10^4 minutes per minute.\nThat's 3 * 10^4 *1440 video footage per day = 4.5 * 10^7 minutes.\nVideo encoding can reduce a 1 hour film to 1 GB. So 1 million GB is the requirement. That's 1 PB.\n\nSo the original cost is similar to what the real numbers say.\n\n\nIf we are off by an order of magnitude, it's good. However, being off by 3 or more orders of magnitude is too much. We can then highlight:\nWhere our assumption was wrong, or \nWhich factor we didn't take into account. \n\nReferences:\nDesigning Data Intensive Applications - https://amzn.to/2yQIrxH\nhttp://highscalability.com/youtube-architecture\nhttps://www.youtube.com/watch?v=w5WVu624fY8\nNumbers everyone should know: https://www.youtube.com/watch?v=modXC5IWTJI\nhttp://www.youtube.com/watch?v=G-lGCC4KKok\nhttps://en.wikipedia.org/wiki/Back-of-the-envelope_calculation\nCapacity planning with AWS: https://youtu.be/-3qetLv2Yp0\n\nSystem Design Course: \nhttps://get.interviewready.io/courses/system-design-interview-prep\n\nAlong with video lectures, this course has architecture diagrams, capacity planning, API contracts and evaluation tests. It's a complete package.\n\nUse the coupon code 'earlybird' for a 20% discount.\n\nSystem Design Playlist: https://www.youtube.com/playlist?list=PLMCXHnjXnTnvo6alSjVkgxV-VH6EPyvoX\n\nBecome a channel member!\nhttps://www.youtube.com/channel/UCRPMAqdtSgd0Ipeef7iFsKw/join\n\nYou can follow me on:\nFacebook: https://facebook.com/gkcs0/\nQuora: https://www.quora.com/profile/Gaurav-Sen-6\nLinkedIn: https://www.linkedin.com/in/gaurav-sen-56b6a941/\nTwitter: https://twitter.com/gkcs_\n\n#CapacityPlanning #SystemDesign #YouTube"
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"html_lawbox": "<div>\n<center><b>327 U.S. 474 (1946)</b></center>\n<center><h1>WILSON ET AL., DOING BUSINESS AS WILSON LUMBER CO.,<br>\nv.<br>\nCOOK, COMMISSIONER OF REVENUES.</h1></center>\n<center>No. 328.</center>\n<center><p><b>Supreme Court of United States.</b></p></center>\n<center>Argued January 11, 1946.</center>\n<center>Decided March 4, 1946.</center>\nAPPEAL FROM THE SUPREME COURT OF ARKANSAS.<sup>[*]</sup><p><span class=\"star-pagination\">*477</span> <i>Wm. J. Kirby</i> submitted on brief for Wilson et al.</p>\n<p><i>O.T. Ward</i> argued the cause for the Commissioner of Revenues. With him on the brief was <i>R.S. Wilson.</i> In No. 328, <i>Thos. S. Buzbee</i> filed a motion to affirm or dismiss in part.</p>\n<p><i>Solicitor General McGrath, Assistant Attorney General Samuel O. Clark, Jr., Sewall Key, Arnold Raum, J. Louis Monarch</i> and <i>William Robert Koerner</i> filed a brief for the United States, as <i>amicus curiae.</i></p>\n<p>MR. CHIEF JUSTICE STONE delivered the opinion of the Court.</p>\n<p>An Arkansas statute, Act 118 of 1923, Pope's Digest, Arkansas Statutes (1937), \u00a7 13371, imposes \"a privilege or license tax . .. upon each person . . . engaged in the business of . . . severing from the soil . . . for commercial purposes natural resources, including . . . timber . . .\" By \u00a7 13372, as a condition of the license, there is imposed on the severer an obligation to pay the tax and consent that the tax \"shall . . . remain a lien on each unit of production until paid into the State Treasury . . .\" Section 13375 fixes the tax at 7 cents per thousand feet of the timber severed. Section 13376 provides that the state \"shall have a lien upon any and all natural resources severed from the soil . . .\" In \u00a7 13382 it is provided that \"the payment of said privilege taxes shall be required of the severer. . . actually engaged in the operation of severing natural products whether as owner, lessee, concessionaire or contractor. The reporting taxpayer shall collect or withhold out of the proceeds of the sale of the products severed the proportionate parts of the total tax due by the <span class=\"star-pagination\">*478</span> respective owners of such natural resources at the time of severance.\"</p>\n<p>Appellants in No. 328, a copartnership, entered into contracts with the United States for the purchase and severance of timber on national forest reserves located within the state, some of which were public lands of the United States when Arkansas was admitted to statehood and some of which were acquired by the United States by purchase with the consent of the state. The contracts of severance and purchase provided that \"title to all timber included in this agreement shall remain in the United States until it has been paid for, and scaled, measured or counted.\" By the contracts the appellants were required in advance of severance to place with the Government representative advance installments of the estimated purchase price.</p>\n<p>In the years 1937 to 1942, appellants, proceeding under their contract, severed timber from the forest reserves in question. An execution having been issued and delivered to the county sheriff, appellee in No. 328, and also appellant in No. 329, for collection of the tax assessed against appellants in No. 328 for the years in question, they brought the present suit in the state chancery court to enjoin the collection. The questions on which the parties ask decision are (a) whether the forest reserves which were public lands of the United States before Arkansas was admitted to statehood are subject to the taxing jurisdiction of the state; (b) whether the forest reserves acquired by the United States by purchase remain subject to the taxing authority of the state; and (c) whether the tax is unconstitutional as a tax laid upon the property or activities of the United States, or because the tax laid on plaintiffs imposed an unconstitutional burden on the United States.</p>\n<p>The chancery court gave judgment for plaintiffs, enjoining collection of the tax. It held that if the tax \"be <span class=\"star-pagination\">*479</span> applied\" to plaintiffs, it \"would be a tax upon the operations of the Government of the United States,\" and that the tax \"does not apply to the timber severed by the plaintiffs from the National Forest.\" On appeal the Supreme Court of Arkansas modified the judgment, holding that the state was without authority to lay a tax on the severance of timber from lands which were public lands of the United States when Arkansas was admitted to statehood; that the authority of the state to lay the tax extended to transactions occurring on the forest reserve acquired by the United States by purchase; and that the present tax assessed against plaintiffs for the severance of timber on forest reserves of this class did not lay an unconstitutional burden on the United States. 208 Ark. 459, 187 S.W.2d 7.</p>\n<p>Plaintiffs have appealed, in No. 328, from so much of the judgment as sustained the tax with respect to lands acquired by the United States by purchase, urging in their assignments of error that the Supreme Court of Arkansas erred in reversing the judgment of the chancery court, \"which held to be void the severance tax statute,\" and in holding that the severance tax law is not repugnant to the supremacy clause, Art. VI, cl. 2 of the Constitution, or to Art. IV, \u00a7 3, cl. 2, conferring on Congress power to dispose of \"and make all needful Rules and Regulations respecting . . . Property belonging to the United States . . .\" Defendant, appellant in No. 329, seeks by his appeal to reverse so much of the judgment as denied the right to levy the tax for severance of timber from forest lands reserved from the public domain. On submission of the jurisdictional statements in this Court we postponed to the hearing on the merits consideration of our jurisdiction in No. 328. In No. 329 we dismissed the appeal for want of jurisdiction. \u00a7 237 (a) of the Judicial Code as amended, 28 U.S.C. \u00a7 344 (a). Treating the papers on which the appeal <span class=\"star-pagination\">*480</span> was allowed as a petition for writ of certiorari, as required by \u00a7 237 (c) of the Judicial Code as amended, we granted certiorari.</p>\n<p>Under \u00a7 237 of the Judicial Code we are without jurisdiction of the appeal in No. 328, unless there was \"drawn in question\" before the Supreme Court of Arkansas \"the validity of a statute\" of the state, \"on the ground of its being repugnant to the Constitution, . . . or laws of the United States.\" The purpose of this requirement is to restrict our mandatory jurisdiction on appeal, <i>Memphis Gas Co.</i> v. <i>Beeler,</i> 315 U.S. 649, 651, and to make certain that no judgment of a state court will be reviewed on appeal by this Court unless the highest court of the state has first been apprised that a state statute is being assailed as invalid on federal grounds, <i>Charleston Assn.</i> v. <i>Alderson,</i> 324 U.S. 182, 185-6 and cases cited, or, when the statute, as applied, is so assailed, until it has opportunity authoritatively to construe it. <i>Fiske</i> v. <i>Kansas,</i> 274 U.S. 380, 385 and cases cited. This jurisdictional requirement is satisfied only if the record shows that the question of the validity under federal law of the state statute, as construed and applied, has either been presented for decision to the highest court of the state, <i>Wall</i> v. <i>Chesapeake & Ohio R. Co.,</i> 256 U.S. 125, 126; <i>Citizens National Bank</i> v. <i>Durr,</i> 257 U.S. 99, 106, or has in fact been decided by it, <i>Nickey</i> v. <i>Mississippi,</i> 292 U.S. 393, 394; <i>Whitfield</i> v. <i>Ohio,</i> 297 U.S. 431, 435-6, and that its decision was necessary to the judgment. <i>Cuyahoga Power Co.</i> v. <i>Northern Realty Co.,</i> 244 U.S. 300, 304 and cases cited. The record in this case does not disclose that at any time in the course of the proceedings in the state courts plaintiffs asserted the invalidity of a state statute on any federal ground. The bill of complaint in the chancery court set up only that the demand of the state for the tax \"is an illegal and void exaction\" and \"is in violation of\" Art. IV, \u00a7 3, cl. 2 and of Art. <span class=\"star-pagination\">*481</span> VI, cl. 2 of the Constitution. There were no assignments of error in the Supreme Court of Arkansas.</p>\n<p>As the record does not show that the plaintiffs presented for decision to the state Supreme Court any federal question, they have no appeal to this Court unless the opinion of the state Supreme Court shows that that court ruled on the validity of a state statute under the laws and Constitution of the United States. <i>Charleston Assn.</i> v. <i>Alderson, supra,</i> 185-6 and cases cited. That court's opinion, while holding that the \"tax law\" was applicable to \"persons severing timber from lands of the United States in a national forest,\" does not indicate that plaintiffs raised there, or that the court passed upon, the validity of the statute as applied. The court considered only the validity of \"the tax,\" not that of the statute.</p>\n<p>With reference to plaintiffs' liability for the tax, it decided only that the state \"has the right to collect the severance tax, so far as territorial jurisdiction is concerned,\" for severance of timber from lands acquired by the United States by purchase, and that plaintiffs could not claim the benefits of the immunity, if any, of the Federal Government from \"the tax,\" since it was imposed on plaintiffs, not the Government or its property. It said that the Government was not constitutionally immune from such economic burden as might be passed on from the taxpayer to the Government by reason of the effect of the tax paid by the severers, citing <i>James</i> v. <i>Dravo Contracting Co.,</i> 302 U.S. 134 and <i>Alabama</i> v. <i>King & Boozer,</i> 314 U.S. 1. Being asked to enjoin the collection of the tax, the state court contented itself with holding that the tax, which was assessed on plaintiffs and not the Government, imposed no burden on the Government which infringed its implied constitutional tax immunity. Since the collection of a tax by a state officer, as here, may or may not offend against the Constitution, independently of the <span class=\"star-pagination\">*482</span> constitutionality of a statute, see <i>Nashville, C. & St. L.R. Co.</i> v. <i>Browning,</i> 310 U.S. 362, 369, the state court, in holding the tax constitutional, did not necessarily pass on the constitutional validity of the statute.</p>\n<p>In order to support an appeal to this Court it is necessary that the question of the validity of the state taxing statute be either presented to the state court or decided by it. It is not sufficient merely to attack, as here, the tax levied under the statute, or \"the right to collect the tax\" which has been levied, or to show that the validity of the tax alone has been considered. <i>Charleston Assn.</i> v. <i>Alderson, supra,</i> 185, and cases cited. For \"the mere objection to an exercise of authority under a statute, whose validity is not attacked, cannot be made the basis\" of an appeal. <i>Jett Bros. Co.</i> v. <i>City of Carrollton,</i> 252 U.S. 1, 6. It is for this reason that we have held that an appeal will not be sustained where there has been only an attack upon a tax assessment, <i>Jett Bros. Co.</i> v. <i>City of Carrollton, supra</i><i>; </i><i>Miller</i> v. <i>Board of County Comm'rs,</i> 290 U.S. 586; <i>Memphis Gas Co.</i> v. <i>Beeler, supra,</i> 650; <i>Commercial Credit Co.</i> v. <i>O'Brien,</i> 323 U.S. 665; <i>Charleston Assn.</i> v. <i>Alderson, supra,</i> 185, or, as here, upon a \"tax,\" <i>Citizens National Bank</i> v. <i>Durr, supra,</i> 106; <i>Indian Territory Illuminating Co.</i> v. <i>Board of County Comm'rs,</i> 287 U.S. 573; <i>Baltimore National Bank</i> v. <i>State Tax Comm'n,</i> 296 U.S. 538; <i>Irvine</i> v. <i>Spaeth,</i> 314 U.S. 575, or upon the attempt to collect a tax, <i>Jett Bros. Co.</i> v. <i>City of Carrollton, supra</i><i>.</i></p>\n<p>Since plaintiffs' attack is directed to the validity of the tax as laid, and not to the validity of the statute, as applied, we are without jurisdiction of their appeal under \u00a7 237 of the Judicial Code. Treating the appeal as a petition for writ of certiorari, as required by \u00a7 237 (c) of the Judicial Code, we grant certiorari, as we did in No. 329. We can consider only the federal questions passed upon by the state Supreme Court.</p>\n<p>Our decision in <i>James</i> v. <i>Dravo Contracting Co., supra</i><i>,</i> and in <i>Alabama</i> v. <i>King & Boozer, supra</i><i>,</i> and the cases <span class=\"star-pagination\">*483</span> cited in those opinions, can leave no doubt that the Supreme Court of Arkansas correctly held that plaintiffs, who are taxed by the state on their activities in severing lumber from Government lands under contract with the Government, cannot claim the benefit of the implied constitutional immunity of the Federal Government from taxation by the state.</p>\n<p>Plaintiffs now, for the first time, assail the tax and the statute imposing it, on the ground that the Act requires the severer to collect the tax from the owner of the timber at the time of severance, Pope's Digest, \u00a7 13382, and gives to the state a lien on the land from which the lumber is severed, <i>id.,</i> \u00a7 13374, and a lien upon the severed timber, <i>id.,</i> \u00a7 13376, even though title to the severed product has not passed to the taxpayer. They contend that the Act thus purports to place a forbidden tax directly on the United States. Cf. <i>Mayo</i> v. <i>United States,</i> 319 U.S. 441.</p>\n<p>But we are not free to consider these grounds of attack for the reason that they were not presented to the Supreme Court of Arkansas or considered or decided by it. While the constitutional question now sought to be presented is in some measure related to that decided by the state court, and, like it, arises under the implied constitutional immunity of the Federal Government from state taxation, it is not merely \"an enlargement\" of an argument made before the state court, but is so distinct from the question decided by the state court that our decision of the issue raised there would not necessarily decide that now sought to be raised. Compare <i>Dewey</i> v. <i>Des Moines,</i> 173 U.S. 193, 197, 198. We are therefore not free to consider it.</p>\n<p>\"In reviewing the judgment of a state court, this Court will not pass upon any federal question not shown by the record to have been raised in the state court or considered there, whether it be one arising under a different or the same clause in the Constitution with respect to which other questions are properly presented.\" <i>New York ex rel. Cohn</i> <span class=\"star-pagination\">*484</span> v. <i>Graves,</i> 300 U.S. 308, 317, and cases cited. For, as we said in <i>McGoldrick</i> v. <i>Compagnie Generale,</i> 309 U.S. 430, 434-435, \"In cases coming here from state courts in which a state statute is assailed as unconstitutional, there are reasons of peculiar force which should lead us to refrain from deciding questions not presented or decided in the highest court of the state whose judicial action we are called upon to review. Apart from the reluctance with which every court should proceed to set aside legislation as unconstitutional on grounds not properly presented, due regard for the appropriate relationship of this Court to state courts requires us to decline to consider and decide questions affecting the validity of state statutes not urged or considered there. It is for these reasons that this Court, where the constitutionality of a statute has been upheld in the state court, consistently refuses to consider any grounds of attack not raised or decided in that court.\" See also <i>Keokuk & Hamilton Bridge Co.</i> v. <i>Illinois,</i> 175 U.S. 626, 633; <i>Bolln</i> v. <i>Nebraska,</i> 176 U.S. 83, 89-92; <i>New York</i> v. <i>Kleinert,</i> 268 U.S. 646, 650-1; <i>Whitney</i> v. <i>California,</i> 274 U.S. 357, 362, 363; <i>Saltonstall</i> v. <i>Saltonstall,</i> 276 U.S. 260, 267-8.</p>\n<p>In view of the lien provisions of the statute and its provisions which purport to authorize the taxpayer to collect the tax from the owner of the severed timber, here the Government, it is suggested that we cannot rightly adjudge that the state is entitled to recover the tax on the transactions of severance involved, without determining the applicability of these provisions to the Government and their validity if so applied. We are not now concerned with the Government's liability to the statutory lien or for payment of the tax. It will be time enough to consider its interests when some effort is made to enforce the lien or collect the tax from the United States. We obviously do not by our judgment against the plaintiffs <span class=\"star-pagination\">*485</span> impose the tax on the Government. Their property alone is subject to the lien of the present judgment and to execution issued under it. They cannot recover the amount of the judgment from the Government unless the Constitution permits. And if it forbids they obviously will not collect the tax. In neither case does our judgment impose any burden on the United States. We are not called on to determine whether plaintiffs could have successfully contested their liability in the state courts or here, if the contentions were properly raised, upon the ground that they would be unable to collect the tax from the Government, either because the provision purporting to allow such collection is inapplicable where the owner is the Government or, if applicable, invalid, or on the ground that the tax, applied to them without recourse against the Government, would deny to them the equal protection of the laws.</p>\n<p>The state, construing its own law, has rendered an unconditional judgment holding plaintiffs liable for the tax. For purposes of our review we must assume that the judgment conforms to state law. Hence we are called on to determine only federal questions properly raised on the record. Considering the only question of the tax immunity of the United States which is so raised, we decide for reasons already stated that the tax now laid and sustained imposes no unconstitutional burden on the Federal Government. No question arising under the Fourteenth Amendment is raised by the record either in the state courts or here, and we are without jurisdiction to pass upon it.<sup>[*]</sup></p>\n<p><span class=\"star-pagination\">*486</span> A further question is whether the lands in the forest reserve, which were purchased for that purpose by the United States, are within the territorial taxing jurisdiction of the state. The answer turns on the interpretation of the statute of the United States authorizing the acquisition of the lands, \u00a7\u00a7 7 and 12 of the Act of March 1, 1911, c. 186, 36 Stat. 961, 16 U.S.C. \u00a7\u00a7 480, 516, and of the state statute of Arkansas authorizing the sale. Pope's Digest, \u00a7 5646. The meaning of both statutes, as applied in this case, is a federal question, since upon their construction depend rights, powers and duties of the United States. <i>Mason Co.</i> v. <i>Tax Comm'n,</i> 302 U.S. 186, 197, and cases cited.</p>\n<p>The statute of Arkansas consenting to the purchase of forest lands by the United States, provided that the state should \"retain a concurrent jurisdiction with the United States in and over lands so acquired . . .,\" to issue and execute \"civil process in all cases, and such criminal process as may issue under the authority of the State . . .\" It made no express grant or reservation of legislative power over the areas purchased. Hence the statute cannot be taken as having yielded or intended to surrender to the Federal Government the state legislative jurisdiction over the area in question, so far as exercise of that jurisdiction is consistent with federal functions. Any doubt as to the effect of such a grant by the state in conferring exclusive legislative jurisdiction over the territory which is acquired by the Federal Government is removed by the provisions of the federal statute.</p>\n<p>Section 12 of the federal statute, authorizing the purchase, provided:</p>\n<blockquote>\"That the jurisdiction, both civil and criminal, over persons upon the lands acquired under this Act shall not be affected or changed by their permanent reservation . . . as national forest lands, except so far as <span class=\"star-pagination\">*487</span> the punishment of offenses against the United States is concerned, the intent and meaning of this section being that the State wherein such land is situated shall not, by reason of such reservation and administration, lose its jurisdiction nor the inhabitants thereof their rights and privileges as citizens or be absolved from their duties as citizens of the State.\"</blockquote>\n<p>By this enactment Congress in effect has declined to accept exclusive legislative jurisdiction over forest reserve lands, and expressly provided that the state shall not lose its jurisdiction in this respect nor the inhabitants \"be absolved from their duties as citizens of the State.\" Compare <i>Mason Co.</i> v. <i>Tax Comm'n, supra</i><i>; </i><i>Atkinson</i> v. <i>Tax Comm'n,</i> 303 U.S. 20; <i>Collins</i> v. <i>Yosemite Park Co.,</i> 304 U.S. 518, 528; <i>Stewart & Co.</i> v. <i>Sadrakula,</i> 309 U.S. 94, 99.</p>\n<p>Our conclusion, based on the construction of the interrelated state and federal statutes, is that the state has territorial jurisdiction to lay the tax upon activities carried on within the forest reserve purchased by the United States.</p>\n<p>What we have said of the argument that the tax assessed on plaintiffs is an unconstitutional burden on the Government, is applicable to the tax assessed for severance of timber from forest reserve lands which, from the beginning, have been a part of the public domain. That tax is likewise valid if the state has legislative jurisdiction over such lands within its boundaries.</p>\n<p>Upon admission of Arkansas to statehood in 1836 upon an equal footing with the original states (Act of June 15, 1836, c. 100, 5 Stat. 50), the legislative authority of the state extended over the federally owned lands within the state, to the same extent as over similar property held by private owners, save that the state could enact no law which would conflict with the powers reserved to the United States by the Constitution. <i>Ft. Leavenworth R.</i> <span class=\"star-pagination\">*488</span> <i>Co.</i> v. <i>Lowe,</i> 114 U.S. 525, 539; <i>Utah Power & Light Co.</i> v. <i>United States,</i> 243 U.S. 389, 404. Such authority did not pass to the United States by virtue of the provisions of Article I, \u00a7 8, cl. 17 of the Constitution, which authorize it \"to exercise exclusive Legislation . . . over all Places purchased by the Consent of the Legislature of the State in which the Same shall be.\"</p>\n<p>Since the United States did not purchase the lands with the consent of the state, it did not acquire exclusive jurisdiction under the constitutional provision, and there has been no cession of jurisdiction by the state. <i>Surplus Trading Co.</i> v. <i>Cook,</i> 281 U.S. 647, 651; <i>Mason Co.</i> v. <i>Tax Comm'n, supra,</i> 210. Although Arkansas has, by \u00a7 5647, Pope's Digest, conferred on Congress power to pass laws, civil and criminal, for the administration and control of lands acquired by the United States in Arkansas, it has ceded exclusive legislative jurisdiction neither over lands reserved by the United States from the public domain nor over lands acquired in the state. <i>Ft. Leavenworth R. Co.</i> v. <i>Lowe, supra,</i> 530, 531. It follows that the state has retained its legislative jurisdiction, which it acquired by statehood, over public lands within the state, which have been included within the forest reserve.</p>\n<p>We conclude that the state has legislative jurisdiction over the federal forest reserve lands located within it, whether they were originally a part of the public domain of the United States, or were acquired by the United States by purchase, and that the tax assessed against plaintiffs is not subject to any constitutional infirmity, or to any want of taxing jurisdiction of the state to lay it with respect to transactions on the federal forest reserve located within the state.</p>\n<p>The judgment is reversed insofar as it adjudged plaintiffs not liable for the tax on severance of timber from lands held by the United States as original owner, and the cause <span class=\"star-pagination\">*489</span> is remanded to the Supreme Court of Arkansas for further proceedings not inconsistent with this opinion. In all other respects the judgment is affirmed. On the remand the state courts will be free, so far as their own practice allows, to determine any state questions here involved and any federal questions not already decided by this opinion. Compare <i>Schuylkill Trust Co.</i> v. <i>Pennsylvania,</i> 302 U.S. 506, with <i>Schuylkill Trust Co.</i> v. <i>Pennsylvania,</i> 296 U.S. 113.</p>\n<p><i>So ordered.</i></p>\n<p>MR. JUSTICE DOUGLAS concurs in the result.</p>\n<p>MR. JUSTICE JACKSON took no part in the consideration or decision of these cases.</p>\n<p>Opinion of MR. JUSTICE RUTLEDGE, dissenting, announced by the CHIEF JUSTICE.</p>\n<p>In No. 328 the Court sustains the application of the Arkansas severance tax to the appellants.<sup>[1]</sup> In my judgment the cause should be remanded to the state court for it to determine the applicability of the lien and collection provisions to the United States, or their severability, and in the light of that determination to ascertain the constitutional validity of the tax as applied to appellants. Those issues are inescapable on the record in this case. For until they are determined any decision here can affect only a tax of uncertain incidence, unless the Court in sustaining it means to rule, as I think the Arkansas court ruled, that the tax is valid whether or not the statute's lien and collection provisions<sup>[2]</sup> apply to the United States as owner of the land and the severed timber.</p>\n<p><span class=\"star-pagination\">*490</span> Neither course is properly open to us. Since the Arkansas court, as this Court's opinion does not dispute, has sustained the tax without deciding whether the lien and collection provisions are severable and inapplicable to the United States, we are completely at loss to know whether the tax rests ultimately upon the Government, as it does under Arkansas law on all other owners not expressly exempted. Consequently we have no determinable issue, but only a speculative inquiry of a sort beyond the tradition and, in my opinion, the jurisdiction of this Court to decide. On the other hand, if the effect of the decision here, as in the Arkansas court, is to sustain the tax regardless of whether the lien and collection provisions apply in whole or in part to the United States, the result is substantially to sustain a tax laid by the state directly on the Government. This result is as unacceptable as to render an advisory opinion upon the validity of a tax of uncertain and speculative application.</p>\n<p>From <i>McCulloch</i> v. <i>Maryland,</i> 4 Wheat. 316, to now the rule has remained that the states are without power, absent the consent of Congress, to tax the United States, whether with reference to its property or its functions. <span class=\"star-pagination\">*491</span> <i>United States</i> v. <i>Allegheny County,</i> 322 U.S. 174, 177. That rule is of the essence of federal supremacy. It is not to be chipped away by ambiguous decisions of state courts or easy assumptions relating to their effects which ignore the direct impact of state taxes where they have no right to strike.</p>\n<p>This is true regardless of the vagaries of decision, at different periods, in allowing expansion of the Government's immunity to include others. Recent recessions from former broad extensions of this kind have settled that ultimate economic incidence upon the Government of a state tax laid upon others is not alone enough to invalidate the tax. <i>James</i> v. <i>Dravo Contracting Co.,</i> 302 U.S. 134; <i>Alabama</i> v. <i>King & Boozer,</i> 314 U.S. 1; see <i>Penn Dairies</i> v. <i>Milk Control Comm'n,</i> 318 U.S. 261, 269.<sup>[3]</sup> But this does not mean either that such incidence of the tax is irrelevant to its validity or that all state taxes purporting to be laid upon others but in fact reaching the Government are valid.</p>\n<p>It is still true that \"the taxpayer is the person ultimately liable for the tax itself.\" <i>Colorado Bank</i> v. <i>Bedford,</i> 310 U.S. 41, 52; <i>Federal Land Bank</i> v. <i>Bismarck,</i> 314 U.S. 95. If the person who must pay the tax in the first place is required by the taxing statute to collect the tax or an equivalent amount from the United States, the tax is upon the United States. \"State law could not obligate the Central Government to reimburse for a valid tax, much less for an invalid one.\" <i>United States</i> v. <i>Allegheny County,</i> 322 U.S. 174, 189. Although the Court has gone far in permitting the states to force one private person to act as tax collector for another, cf. <i>Monamotor Oil Co.</i> v. <i>Johnson,</i> 292 U.S. 86; <i>Felt & Tarrant Mfg. Co.</i> v. <i>Gallagher,</i> <span class=\"star-pagination\">*492</span> 306 U.S. 62; <i>General Trading Co.</i> v. <i>Iowa Tax Comm'n,</i> 322 U.S. 335, and dissenting opinion at 339, that device cannot be utilized by the states to lay taxes on the United States. Nor has it been held heretofore, if it is now, that a tax purporting to be laid upon a private individual or concern is valid regardless of whether the provisions of the state taxing statute for passing on the tax to another are applicable to the United States or are valid if so applied.</p>\n<p>I am unable to comprehend the effect of the Court's decision. If it is ruling <i>sub silentio</i> or <i>ex hypothesi</i> that the lien and collection provisions of the Arkansas statute, for any application to the Government, are inapplicable or severable, we have no right to make such a decision. That is the business of the Arkansas courts. If the ruling is that the tax is valid even though those provisions are applicable to the United States, then for the first time the Court is overruling the basic principle of <i>McCulloch</i> v. <i>Maryland</i><i>.</i> If the decision is, finally, that the tax is valid whether or not the lien and collection provisions are applicable or severable, then it embodies both faults.</p>\n<p>I do not think the Court means to overrule <i>McCulloch</i> v. <i>Maryland</i><i>.</i> Nor does it purport to interpret or determine the Arkansas law concerning either applicability or severability of the statute's provisions. But unless it is doing this, without so stating, I see no escape from the other horn of the dilemma. Either the tax as applied is valid or it is invalid. Whether it is valid or not depends on whether the lien and collection provisions apply to the United States, for they place the tax directly upon the owner. That issue is inescapable in this case, whether in the Arkansas court or here.</p>\n<p>I do not think the Arkansas court decided either that the lien and collection provisions are inapplicable to the United States or that they are severable from the remainder <span class=\"star-pagination\">*493</span> of the statute, notwithstanding it had those provisions before it, cited them though without ruling upon them, and proceeded to sustain the application of the tax to appellants. I think it clear that the court avoided making such a ruling. In my opinion the Arkansas decision in effect, though not in words, was that the tax is valid regardless of whether the enforcement provisions apply to the United States; which in effect was to rule that the tax had been constitutionally applied even though the collection provisions are applicable to the United States, to the extent at least of the withholding provisions.</p>\n<p>My reasons for this view are several. In the first place, the court's opinion, though noting the collection and lien provisions and the contract's term that title to the severed timber should remain in the Government \"until it has been paid for, and scaled, measured or counted,\" does this in the introductory statement of the case and then proceeds through a lengthy discussion without again referring to those provisions.</p>\n<p>Moreover they provide plainly that where the severer is different from the owner, the former must pay the tax but he is required to pass it on to the owner.<sup>[4]</sup> A further provision requires him to withhold the amount of the tax from any money or severed property in kind due the owner under their contract.<sup>[5]</sup> Another section gives the state a <span class=\"star-pagination\">*494</span> lien on the severed resources for the tax and penalties.<sup>[6]</sup> The clear effect of the provisions requiring \"the reporting taxpayer\" to \"collect or withhold\" the amount of the tax from the owner is to give him a defense to the owner's action to recover the full contract price for the severed resources and an equally clear right of action against the owner for the amount of the tax.</p>\n<p>Thus the scheme of the tax is to place both its ultimate legal and its ultimate economic incidence on the owner. The tax in terms is \"due by the respective owners of such natural resources.\"<sup>[7]</sup> It is \"a privilege tax or license tax; and is levied on the business of severing,\" as the Arkansas court declared in this case. 208 Ark. 459, 468, 187 S.W.2d 7, 12. But it is ultimately, as that court has also declared, though not expressly in this case, a privilege or license tax levied upon <i>the owner's</i> business of severing, for it applies to him whenever he severs or permits severance for sale; and \"sale\" includes turning over the timber <span class=\"star-pagination\">*495</span> to one who clears the land as payment for the clearing, although his purpose in doing this is only to make the soil available for tilling.<sup>[8]</sup></p>\n<p>Moreover, as the Arkansas court did hold specifically in this case, the act contains only two exemptions, neither of which applies to the United States.<sup>[9]</sup> And on this ground, together with the maxim <i>expressio unius,</i> it ruled the act applicable to the severance of timber \"in all instances except the two exemptions mentioned.\"<sup>[10]</sup></p>\n<p>That ruling, it seems to me, is especially significant when it is considered not only in the light of the court's failure to make further reference to or ruling upon the collection provisions, but also in view of the Arkansas court's previous decisions. Thus, in <i>Miller Lumber Co.</i> v. <i>Floyd,</i> 169 Ark. 473, 480, 275 S.W. 741, the court held: \"Where a landowner makes a contract with another person to cut and remove the timber from his land for sale or commercial purposes, the owner <i>must</i> pay the severance tax; for such contractor and his servants who actually sever the timber <i>act for the owner in the premises, and their act of severing</i> the timber <i>is the act of the owner.</i>\"<sup>[11]</sup> (Emphasis added.)</p>\n<p><span class=\"star-pagination\">*496</span> No reference was made in this case to the <i>Miller</i> case. In the absence of one we cannot assume that the court intended to overrule that decision or to destroy its rationalization or universal applicability, except for the specific exemptions. Not only the opinion in this case, as much by its omissions as by what it expressly rules, but also the Arkansas court's prior decisions, give every ground for believing that it did not intend either to apply the tax differently in this case than in any other or to overrule its <span class=\"star-pagination\">*497</span> prior determinations of the ultimate nature, character and incidence of the tax.<sup>[12]</sup></p>\n<p>The majority seem to imply however that this may be exactly what was done; that perhaps the Arkansas court held that since the tax would be unconstitutional if, as the statute contemplates, it were directly placed upon the Government as owner, it would treat the tax as falling not on the Government but on the severer alone. As has been stated, nothing in that court's opinion suggests such a ruling. And if there were either a ruling or a sufficient suggestion of this sort, it would raise other serious questions, not considered by that court or here, concerning the validity of the tax. The effect of such a holding would seem to be to single out contractors with the Government for the imposition of a tax not placed on other severers. All other contractors, by the terms of the statute and the Arkansas decisions, would be required to pass the tax along to owners. Only contractors with the Government would not be allowed or required to do this. Thus to treat the tax as applicable only to the severer in this case, and the collection provisions affecting the owner as severable and inapplicable, would raise serious questions of discrimination, which neither the Arkansas court nor this Court has <span class=\"star-pagination\">*498</span> considered and which appellants are entitled to have determined.</p>\n<p>It is true that they have not raised here any question of discriminatory enforcement. But this is because they had no reason to believe that the Arkansas court had applied, or would apply, the statute differently to them than to others or to anticipate the character of the ruling now made. It is doubtful, to say the least, that the Arkansas legislature could place a severance tax exclusively upon persons who sever resources from governmentally owned land. The same doubt would apply to the state court's effort to make the statute so effective, were it to undertake doing this. In my judgment it has not done so. Whether or not such an effort ultimately would be successful, appellants are entitled to be heard upon the question before that result is achieved. They should not be deprived of this opportunity through this Court's upholding of an ambiguously applicable statute or in advance of a decision by the only court which can remove the ambiguity. Because the Arkansas court has not passed upon applicability or severability of the collection provisions as they affect the owner, and because it has not determined the validity of the tax as applied in the light of such a determination, I think the cause should be remanded to it, so that the former questions may be authoritatively determined before we undertake to decide, upon the wholly speculative basis now presented, whether the tax as applied is valid.</p>\n<h2>NOTES</h2>\n<p>[*] Together with No. 329, <i>Cook, Commissioner of Revenues,</i> v. <i>Wilson et al., doing business as Wilson Lumber Co.,</i> on certiorari to the same court, argued and decided on the same dates.</p>\n<p>[*] Even if the opinion of the Supreme Court of Arkansas had proceeded on a ground so unexpected as to make timely, by petition for rehearing, the raising of the federal questions now for the first time advanced, compare <i>Saunders</i> v. <i>Shaw,</i> 244 U.S. 317; <i>Ohio</i> v. <i>Akron Park District,</i> 281 U.S. 74, 79, plaintiffs in their petition for rehearing did not suggest them.</p>\n<p>[1] On the jurisdictional discussion of the Court the appellants are, of course, petitioners on certiorari.</p>\n<p>[2] Pope's Digest Ark. (1937) \u00a7\u00a7 13371-13395. The statute was first enacted in 1923. Acts of Arkansas, 1923, Act 118. It was materially amended in 1929, but its essential scheme remained the same. Acts of Arkansas, 1929, Act 283. See notes 4-6, 9-12, and text, for the substance and effects of the provisions.\n</p>\n<p>Although, as I read its opinion, the Arkansas court carefully refrained from ruling upon their severability and therefore also their applicability to the Government (see text <i>infra</i>), the lien and collection provisions were before it, were cited in the opinion, and were necessarily involved in the issues presented. The court appears to have ruled that the tax is valid as applied to the appellants regardless of whether these provisions are severable or are applicable to the United States. That it did so furnishes no ground for believing that the issues relating to them were not presented or were waived. The petition for rehearing, as well as the opinion itself, demonstrates the contrary. The first ground set forth was: \"The court erred in holding that the tax was not a direct tax on the United States.\"</p>\n<p>[3] See Powell, The Waning of Intergovernmental Tax Immunities (1945) 58 Harv. L. Rev. 633; Powell, The Remnant of Intergovernmental Tax Immunities (1945) 58 Harv. L. Rev. 757.</p>\n<p>[4] Pope's Digest Ark. \u00a7 13382 provides: \"The reporting taxpayer <i>shall</i> collect or withhold <i>out of the proceeds of the sale</i> of the products severed the proportionate parts of the total tax <i>due by the respective owners of such natural resources</i> at the time of severance.\" (Emphasis added.)</p>\n<p>[5] The provision reads: \"Every producer actually operating any oil or gas well, quarry or other property from which natural resources are severed, under contract or agreement requiring payment direct to the owner of any royalty, excess royalty or working interest, either in money or in kind, is hereby authorized, empowered <i>and required</i> to deduct from any such royalty or other interest the amount of the severance tax herein levied before making such payment.\" Pope's Digest Ark. \u00a7 13382. (Emphasis added.)\n</p>\n<p>\"Producer\" is defined as every person, firm, corporation or association of persons \"engaged in the business of mining, cutting or otherwise severing from the soil or water for commercial purposes natural resources, including minerals and ores, pearls, diamonds, and other precious stones, bauxite, fuller's earth, phosphates, shells, chalk, cement, clay, sand, gravel, asphalt, ochre, oil, gas, salt, sulphur, lignite, coal, marble, stones and stone products, timber, turpentine and all other forest products and all other natural products of the soil or water of Arkansas.\" Pope's Digest Ark. \u00a7 13371.</p>\n<p>[6] Pope's Digest Ark. \u00a7 13376: \"The State of Arkansas shall have a lien upon any and all natural resources severed from the soil or water for the tax and penalties herein imposed and, in addition thereto, said lien shall attach to the well, machinery, tools and implements used in severing of such resources.\"\n</p>\n<p>As the section was enacted originally in 1923 the provision for attachment of the lien to machinery, etc., used in severing was not included. This was added by amendment in 1929. Cf. note 2.</p>\n<p>[7] See note 4.</p>\n<p>[8] See note 11.</p>\n<p>[9] One was for the individual owner who occasionally severs in order to build or repair improvements on the premises or for his own use and another for the \"producer of switch ties\" who hews them out entirely by hand. 208 Ark. 459, 463, 187 S.W.2d 7, 10.</p>\n<p>[10] The decision held the tax invalid as applied to the severance from lands held by the United States as original owner, though not as to those purchased with the state's consent.</p>\n<p>[11] The effect of the quoted statement is emphasized by its context, in part as follows: \"It is apparent then that the owner of lands, who cuts down trees for the purpose of building fences or repairing and constructing houses and other improvements on the land from the timber thus severed from the soil is exempted from paying the tax. It is equally evident that when the timber severed from the soil is sold, it falls within the terms of the act, and the tax must be paid by someone. To illustrate: if the owner of timber lands desired to sever it for the purpose of clearing the land and putting it in cultivation and hired other persons to sever the timber for him, he would be required to pay the severance tax. If the owner should lease his land to another person for a designated number of years in order to have his lessee clear the land and put it in cultivation, and if the consideration for the lease in whole or in part was that the lessee should have the timber so removed from the land, the severance tax would have to be paid by such lessee. It will be noted that the language of the act is specific on this subject and provides that the severer or producer as he is called shall pay the tax. The act is very broad and comprehensive, and is levied upon all persons engaged in severing the timber from the soil for sale or commercial purposes, regardless of the purpose for which it is done. The only exception is that the tax shall not be paid where the timber severed is actually used in erecting or repairing structures and other improvements on the land. The application of the timber in part payment for clearing the land is a severing of it for commercial purposes, although the primary purpose of severing it is to enable the land to be put in cultivation. Where a landowner makes a contract with another person to cut and remove the timber from his land for sale or commercial purposes, the owner must pay the severance tax; for such contractor and his servants who actually sever the timber act for the owner in the premises, and their act of severing the timber is the act of the owner.\"\n</p>\n<p>In a previous appeal in the same case, 160 Ark. 17, 254 S.W. 450, the court had sustained the act as constitutional on the theory that it was a privilege tax and not a property tax.</p>\n<p>[12] This view is sustained also by the court's expressed view that \"Imposition of the tax here does not in any sense interfere with the Government's business.\" 208 Ark. 459, 468, 187 S.W.2d 7, 12. The statement could mean that the tax would not be applied to the Government as to other owners, in which event a severance of the collection provisions would be implied. That it does not have this meaning is evidenced, I think, by the court's reliance on <i>James</i> v. <i>Dravo Contracting Co., supra</i><i>,</i> where quite different statutory provisions were in question. The court's misapplication of the <i>Dravo</i> case was, I think, but a reflection of its implicit idea that the tax would be valid since it was collected immediately from the appellants, even though they might pass on its economic burden to the Government, without regard to how that might be done.</p>\n\n</div>",
"time_retrieved": "2010-04-28T09:54:50",
"nature_of_suit": "",
"plain_text": "",
"html_with_citations": "<div>\n<center><b><span class=\"citation no-link\"><span class=\"volume\">327</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">474</span></span> (1946)</b></center>\n<center><h1>WILSON ET AL., DOING BUSINESS AS WILSON LUMBER CO.,<br>\nv.<br>\nCOOK, COMMISSIONER OF REVENUES.</h1></center>\n<center>No. 328.</center>\n<center><p><b>Supreme Court of United States.</b></p></center>\n<center>Argued January 11, 1946.</center>\n<center>Decided March 4, 1946.</center>\nAPPEAL FROM THE SUPREME COURT OF ARKANSAS.<sup>[*]</sup><p><span class=\"star-pagination\">*477</span> <i>Wm. J. Kirby</i> submitted on brief for Wilson et al.</p>\n<p><i>O.T. Ward</i> argued the cause for the Commissioner of Revenues. With him on the brief was <i>R.S. Wilson.</i> In No. 328, <i>Thos. S. Buzbee</i> filed a motion to affirm or dismiss in part.</p>\n<p><i>Solicitor General McGrath, Assistant Attorney General Samuel O. Clark, Jr., Sewall Key, Arnold Raum, J. Louis Monarch</i> and <i>William Robert Koerner</i> filed a brief for the United States, as <i>amicus curiae.</i></p>\n<p>MR. CHIEF JUSTICE STONE delivered the opinion of the Court.</p>\n<p>An Arkansas statute, Act 118 of 1923, Pope's Digest, Arkansas Statutes (1937), \u00a7 13371, imposes \"a privilege or license tax . .. upon each person . . . engaged in the business of . . . severing from the soil . . . for commercial purposes natural resources, including . . . timber . . .\" By \u00a7 13372, as a condition of the license, there is imposed on the severer an obligation to pay the tax and consent that the tax \"shall . . . remain a lien on each unit of production until paid into the State Treasury . . .\" Section 13375 fixes the tax at 7 cents per thousand feet of the timber severed. Section 13376 provides that the state \"shall have a lien upon any and all natural resources severed from the soil . . .\" In \u00a7 13382 it is provided that \"the payment of said privilege taxes shall be required of the severer. . . actually engaged in the operation of severing natural products whether as owner, lessee, concessionaire or contractor. The reporting taxpayer shall collect or withhold out of the proceeds of the sale of the products severed the proportionate parts of the total tax due by the <span class=\"star-pagination\">*478</span> respective owners of such natural resources at the time of severance.\"</p>\n<p>Appellants in No. 328, a copartnership, entered into contracts with the United States for the purchase and severance of timber on national forest reserves located within the state, some of which were public lands of the United States when Arkansas was admitted to statehood and some of which were acquired by the United States by purchase with the consent of the state. The contracts of severance and purchase provided that \"title to all timber included in this agreement shall remain in the United States until it has been paid for, and scaled, measured or counted.\" By the contracts the appellants were required in advance of severance to place with the Government representative advance installments of the estimated purchase price.</p>\n<p>In the years 1937 to 1942, appellants, proceeding under their contract, severed timber from the forest reserves in question. An execution having been issued and delivered to the county sheriff, appellee in No. 328, and also appellant in No. 329, for collection of the tax assessed against appellants in No. 328 for the years in question, they brought the present suit in the state chancery court to enjoin the collection. The questions on which the parties ask decision are (a) whether the forest reserves which were public lands of the United States before Arkansas was admitted to statehood are subject to the taxing jurisdiction of the state; (b) whether the forest reserves acquired by the United States by purchase remain subject to the taxing authority of the state; and (c) whether the tax is unconstitutional as a tax laid upon the property or activities of the United States, or because the tax laid on plaintiffs imposed an unconstitutional burden on the United States.</p>\n<p>The chancery court gave judgment for plaintiffs, enjoining collection of the tax. It held that if the tax \"be <span class=\"star-pagination\">*479</span> applied\" to plaintiffs, it \"would be a tax upon the operations of the Government of the United States,\" and that the tax \"does not apply to the timber severed by the plaintiffs from the National Forest.\" On appeal the Supreme Court of Arkansas modified the judgment, holding that the state was without authority to lay a tax on the severance of timber from lands which were public lands of the United States when Arkansas was admitted to statehood; that the authority of the state to lay the tax extended to transactions occurring on the forest reserve acquired by the United States by purchase; and that the present tax assessed against plaintiffs for the severance of timber on forest reserves of this class did not lay an unconstitutional burden on the United States. <span class=\"citation no-link\"><span class=\"volume\">208</span> <span class=\"reporter\">Ark.</span> <span class=\"page\">459</span></span>, <span class=\"citation no-link\"><span class=\"volume\">187</span> <span class=\"reporter\">S.W.2d</span> <span class=\"page\">7</span></span>.</p>\n<p>Plaintiffs have appealed, in No. 328, from so much of the judgment as sustained the tax with respect to lands acquired by the United States by purchase, urging in their assignments of error that the Supreme Court of Arkansas erred in reversing the judgment of the chancery court, \"which held to be void the severance tax statute,\" and in holding that the severance tax law is not repugnant to the supremacy clause, Art. VI, cl. 2 of the Constitution, or to Art. IV, \u00a7 3, cl. 2, conferring on Congress power to dispose of \"and make all needful Rules and Regulations respecting . . . Property belonging to the United States . . .\" Defendant, appellant in No. 329, seeks by his appeal to reverse so much of the judgment as denied the right to levy the tax for severance of timber from forest lands reserved from the public domain. On submission of the jurisdictional statements in this Court we postponed to the hearing on the merits consideration of our jurisdiction in No. 328. In No. 329 we dismissed the appeal for want of jurisdiction. \u00a7 237 (a) of the Judicial Code as amended, 28 U.S.C. \u00a7 344 (a). Treating the papers on which the appeal <span class=\"star-pagination\">*480</span> was allowed as a petition for writ of certiorari, as required by \u00a7 237 (c) of the Judicial Code as amended, we granted certiorari.</p>\n<p>Under \u00a7 237 of the Judicial Code we are without jurisdiction of the appeal in No. 328, unless there was \"drawn in question\" before the Supreme Court of Arkansas \"the validity of a statute\" of the state, \"on the ground of its being repugnant to the Constitution, . . . or laws of the United States.\" The purpose of this requirement is to restrict our mandatory jurisdiction on appeal, <i>Memphis Gas Co.</i> v. <i>Beeler,</i> <span class=\"citation\" data-id=\"103638\"><a href=\"/opinion/103638/memphis-natural-gas-co-v-beeler/\"><span class=\"volume\">315</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">649</span></a></span>, 651, and to make certain that no judgment of a state court will be reviewed on appeal by this Court unless the highest court of the state has first been apprised that a state statute is being assailed as invalid on federal grounds, <i>Charleston Assn.</i> v. <i>Alderson,</i> <span class=\"citation no-link\"><span class=\"volume\">324</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">182</span></span>, 185-6 and cases cited, or, when the statute, as applied, is so assailed, until it has opportunity authoritatively to construe it. <i>Fiske</i> v. <i>Kansas,</i> <span class=\"citation\" data-id=\"101098\"><a href=\"/opinion/101098/fiske-v-kansas/\"><span class=\"volume\">274</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">380</span></a></span>, 385 and cases cited. This jurisdictional requirement is satisfied only if the record shows that the question of the validity under federal law of the state statute, as construed and applied, has either been presented for decision to the highest court of the state, <i>Wall</i> v. <i>Chesapeake & Ohio R. Co.,</i> <span class=\"citation\" data-id=\"99784\"><a href=\"/opinion/99784/wall-v-chesapeake-ohio-r-co/\"><span class=\"volume\">256</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">125</span></a></span>, 126; <i>Citizens National Bank</i> v. <i>Durr,</i> <span class=\"citation\" data-id=\"99863\"><a href=\"/opinion/99863/citizens-nat-bank-of-cincinnati-v-durr/\"><span class=\"volume\">257</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">99</span></a></span>, 106, or has in fact been decided by it, <i>Nickey</i> v. <i>Mississippi,</i> <span class=\"citation\" data-id=\"102279\"><a href=\"/opinion/102279/nickey-v-mississippi/\"><span class=\"volume\">292</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">393</span></a></span>, 394; <i>Whitfield</i> v. <i>Ohio,</i> <span class=\"citation\" data-id=\"102615\"><a href=\"/opinion/102615/whitfield-v-ohio/\"><span class=\"volume\">297</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">431</span></a></span>, 435-6, and that its decision was necessary to the judgment. <i>Cuyahoga Power Co.</i> v. <i>Northern Realty Co.,</i> <span class=\"citation\" data-id=\"98966\"><a href=\"/opinion/98966/cuyahoga-river-power-co-v-northern-realty-co/\"><span class=\"volume\">244</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">300</span></a></span>, 304 and cases cited. The record in this case does not disclose that at any time in the course of the proceedings in the state courts plaintiffs asserted the invalidity of a state statute on any federal ground. The bill of complaint in the chancery court set up only that the demand of the state for the tax \"is an illegal and void exaction\" and \"is in violation of\" Art. IV, \u00a7 3, cl. 2 and of Art. <span class=\"star-pagination\">*481</span> VI, cl. 2 of the Constitution. There were no assignments of error in the Supreme Court of Arkansas.</p>\n<p>As the record does not show that the plaintiffs presented for decision to the state Supreme Court any federal question, they have no appeal to this Court unless the opinion of the state Supreme Court shows that that court ruled on the validity of a state statute under the laws and Constitution of the United States. <i>Charleston Assn.</i> v. <i>Alderson, supra,</i> 185-6 and cases cited. That court's opinion, while holding that the \"tax law\" was applicable to \"persons severing timber from lands of the United States in a national forest,\" does not indicate that plaintiffs raised there, or that the court passed upon, the validity of the statute as applied. The court considered only the validity of \"the tax,\" not that of the statute.</p>\n<p>With reference to plaintiffs' liability for the tax, it decided only that the state \"has the right to collect the severance tax, so far as territorial jurisdiction is concerned,\" for severance of timber from lands acquired by the United States by purchase, and that plaintiffs could not claim the benefits of the immunity, if any, of the Federal Government from \"the tax,\" since it was imposed on plaintiffs, not the Government or its property. It said that the Government was not constitutionally immune from such economic burden as might be passed on from the taxpayer to the Government by reason of the effect of the tax paid by the severers, citing <i>James</i> v. <i>Dravo Contracting Co.,</i> <span class=\"citation\" data-id=\"102861\"><a href=\"/opinion/102861/james-v-dravo-contracting-co/\"><span class=\"volume\">302</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">134</span></a></span> and <i>Alabama</i> v. <i>King & Boozer,</i> 314 U.S. 1. Being asked to enjoin the collection of the tax, the state court contented itself with holding that the tax, which was assessed on plaintiffs and not the Government, imposed no burden on the Government which infringed its implied constitutional tax immunity. Since the collection of a tax by a state officer, as here, may or may not offend against the Constitution, independently of the <span class=\"star-pagination\">*482</span> constitutionality of a statute, see <i>Nashville, C. & St. L.R. Co.</i> v. <i>Browning,</i> <span class=\"citation\" data-id=\"103360\"><a href=\"/opinion/103360/nashville-c-st-lr-co-v-browning/\"><span class=\"volume\">310</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">362</span></a></span>, 369, the state court, in holding the tax constitutional, did not necessarily pass on the constitutional validity of the statute.</p>\n<p>In order to support an appeal to this Court it is necessary that the question of the validity of the state taxing statute be either presented to the state court or decided by it. It is not sufficient merely to attack, as here, the tax levied under the statute, or \"the right to collect the tax\" which has been levied, or to show that the validity of the tax alone has been considered. <i>Charleston Assn.</i> v. <i>Alderson, supra,</i> 185, and cases cited. For \"the mere objection to an exercise of authority under a statute, whose validity is not attacked, cannot be made the basis\" of an appeal. <i>Jett Bros. Co.</i> v. <i>City of Carrollton,</i> <span class=\"citation\" data-id=\"99520\"><a href=\"/opinion/99520/jett-bros-distilling-co-v-carrollton/\"><span class=\"volume\">252</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">1</span></a></span>, 6. It is for this reason that we have held that an appeal will not be sustained where there has been only an attack upon a tax assessment, <i>Jett Bros. Co.</i> v. <i>City of Carrollton, supra</i><i>; </i><i>Miller</i> v. <i>Board of County Comm'rs,</i> 290 U.S. 586; <i>Memphis Gas Co.</i> v. <i>Beeler, supra,</i> 650; <i>Commercial Credit Co.</i> v. <i>O'Brien,</i> 323 U.S. 665; <i>Charleston Assn.</i> v. <i>Alderson, supra,</i> 185, or, as here, upon a \"tax,\" <i>Citizens National Bank</i> v. <i>Durr, supra,</i> 106; <i>Indian Territory Illuminating Co.</i> v. <i>Board of County Comm'rs,</i> 287 U.S. 573; <i>Baltimore National Bank</i> v. <i>State Tax Comm'n,</i> 296 U.S. 538; <i>Irvine</i> v. <i>Spaeth,</i> <span class=\"citation no-link\"><span class=\"volume\">314</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">575</span></span>, or upon the attempt to collect a tax, <i>Jett Bros. Co.</i> v. <i>City of Carrollton, supra</i><i>.</i></p>\n<p>Since plaintiffs' attack is directed to the validity of the tax as laid, and not to the validity of the statute, as applied, we are without jurisdiction of their appeal under \u00a7 237 of the Judicial Code. Treating the appeal as a petition for writ of certiorari, as required by \u00a7 237 (c) of the Judicial Code, we grant certiorari, as we did in No. 329. We can consider only the federal questions passed upon by the state Supreme Court.</p>\n<p>Our decision in <i>James</i> v. <i>Dravo Contracting Co., supra</i><i>,</i> and in <i>Alabama</i> v. <i>King & Boozer, supra</i><i>,</i> and the cases <span class=\"star-pagination\">*483</span> cited in those opinions, can leave no doubt that the Supreme Court of Arkansas correctly held that plaintiffs, who are taxed by the state on their activities in severing lumber from Government lands under contract with the Government, cannot claim the benefit of the implied constitutional immunity of the Federal Government from taxation by the state.</p>\n<p>Plaintiffs now, for the first time, assail the tax and the statute imposing it, on the ground that the Act requires the severer to collect the tax from the owner of the timber at the time of severance, Pope's Digest, \u00a7 13382, and gives to the state a lien on the land from which the lumber is severed, <i>id.,</i> \u00a7 13374, and a lien upon the severed timber, <i>id.,</i> \u00a7 13376, even though title to the severed product has not passed to the taxpayer. They contend that the Act thus purports to place a forbidden tax directly on the United States. Cf. <i>Mayo</i> v. <i>United States,</i> 319 U.S. 441.</p>\n<p>But we are not free to consider these grounds of attack for the reason that they were not presented to the Supreme Court of Arkansas or considered or decided by it. While the constitutional question now sought to be presented is in some measure related to that decided by the state court, and, like it, arises under the implied constitutional immunity of the Federal Government from state taxation, it is not merely \"an enlargement\" of an argument made before the state court, but is so distinct from the question decided by the state court that our decision of the issue raised there would not necessarily decide that now sought to be raised. Compare <i>Dewey</i> v. <i>Des Moines,</i> <span class=\"citation\" data-id=\"95004\"><a href=\"/opinion/95004/dewey-v-des-moines/\"><span class=\"volume\">173</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">193</span></a></span>, 197, 198. We are therefore not free to consider it.</p>\n<p>\"In reviewing the judgment of a state court, this Court will not pass upon any federal question not shown by the record to have been raised in the state court or considered there, whether it be one arising under a different or the same clause in the Constitution with respect to which other questions are properly presented.\" <i>New York ex rel. Cohn</i> <span class=\"star-pagination\">*484</span> v. <i>Graves,</i> <span class=\"citation\" data-id=\"102779\"><a href=\"/opinion/102779/new-york-ex-rel-cohn-v-graves/\"><span class=\"volume\">300</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">308</span></a></span>, 317, and cases cited. For, as we said in <i>McGoldrick</i> v. <i>Compagnie Generale,</i> <span class=\"citation\" data-id=\"103320\"><a href=\"/opinion/103320/mcgoldrick-v-compagnie-generale-transatlantique/\"><span class=\"volume\">309</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">430</span></a></span>, 434-435, \"In cases coming here from state courts in which a state statute is assailed as unconstitutional, there are reasons of peculiar force which should lead us to refrain from deciding questions not presented or decided in the highest court of the state whose judicial action we are called upon to review. Apart from the reluctance with which every court should proceed to set aside legislation as unconstitutional on grounds not properly presented, due regard for the appropriate relationship of this Court to state courts requires us to decline to consider and decide questions affecting the validity of state statutes not urged or considered there. It is for these reasons that this Court, where the constitutionality of a statute has been upheld in the state court, consistently refuses to consider any grounds of attack not raised or decided in that court.\" See also <i>Keokuk & Hamilton Bridge Co.</i> v. <i>Illinois,</i> <span class=\"citation\" data-id=\"95146\"><a href=\"/opinion/95146/keokuk-hamilton-bridge-co-v-illinois/\"><span class=\"volume\">175</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">626</span></a></span>, 633; <i>Bolln</i> v. <i>Nebraska,</i> <span class=\"citation\" data-id=\"95166\"><a href=\"/opinion/95166/bolln-v-nebraska/\"><span class=\"volume\">176</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">83</span></a></span>, 89-92; <i>New York</i> v. <i>Kleinert,</i> <span class=\"citation\" data-id=\"100707\"><a href=\"/opinion/100707/new-york-ex-rel-rosevale-realty-co-v-kleinert/\"><span class=\"volume\">268</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">646</span></a></span>, 650-1; <i>Whitney</i> v. <i>California,</i> <span class=\"citation\" data-id=\"101097\"><a href=\"/opinion/101097/whitney-v-california/\"><span class=\"volume\">274</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">357</span></a></span>, 362, 363; <i>Saltonstall</i> v. <i>Saltonstall,</i> <span class=\"citation\" data-id=\"101237\"><a href=\"/opinion/101237/saltonstall-v-saltonstall/\"><span class=\"volume\">276</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">260</span></a></span>, 267-8.</p>\n<p>In view of the lien provisions of the statute and its provisions which purport to authorize the taxpayer to collect the tax from the owner of the severed timber, here the Government, it is suggested that we cannot rightly adjudge that the state is entitled to recover the tax on the transactions of severance involved, without determining the applicability of these provisions to the Government and their validity if so applied. We are not now concerned with the Government's liability to the statutory lien or for payment of the tax. It will be time enough to consider its interests when some effort is made to enforce the lien or collect the tax from the United States. We obviously do not by our judgment against the plaintiffs <span class=\"star-pagination\">*485</span> impose the tax on the Government. Their property alone is subject to the lien of the present judgment and to execution issued under it. They cannot recover the amount of the judgment from the Government unless the Constitution permits. And if it forbids they obviously will not collect the tax. In neither case does our judgment impose any burden on the United States. We are not called on to determine whether plaintiffs could have successfully contested their liability in the state courts or here, if the contentions were properly raised, upon the ground that they would be unable to collect the tax from the Government, either because the provision purporting to allow such collection is inapplicable where the owner is the Government or, if applicable, invalid, or on the ground that the tax, applied to them without recourse against the Government, would deny to them the equal protection of the laws.</p>\n<p>The state, construing its own law, has rendered an unconditional judgment holding plaintiffs liable for the tax. For purposes of our review we must assume that the judgment conforms to state law. Hence we are called on to determine only federal questions properly raised on the record. Considering the only question of the tax immunity of the United States which is so raised, we decide for reasons already stated that the tax now laid and sustained imposes no unconstitutional burden on the Federal Government. No question arising under the Fourteenth Amendment is raised by the record either in the state courts or here, and we are without jurisdiction to pass upon it.<sup>[*]</sup></p>\n<p><span class=\"star-pagination\">*486</span> A further question is whether the lands in the forest reserve, which were purchased for that purpose by the United States, are within the territorial taxing jurisdiction of the state. The answer turns on the interpretation of the statute of the United States authorizing the acquisition of the lands, \u00a7\u00a7 7 and 12 of the Act of March 1, 1911, c. 186, 36 Stat. 961, 16 U.S.C. \u00a7\u00a7 480, 516, and of the state statute of Arkansas authorizing the sale. Pope's Digest, \u00a7 5646. The meaning of both statutes, as applied in this case, is a federal question, since upon their construction depend rights, powers and duties of the United States. <i>Mason Co.</i> v. <i>Tax Comm'n,</i> <span class=\"citation\" data-id=\"102862\"><a href=\"/opinion/102862/silas-mason-co-v-tax-commn-of-wash/\"><span class=\"volume\">302</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">186</span></a></span>, 197, and cases cited.</p>\n<p>The statute of Arkansas consenting to the purchase of forest lands by the United States, provided that the state should \"retain a concurrent jurisdiction with the United States in and over lands so acquired . . .,\" to issue and execute \"civil process in all cases, and such criminal process as may issue under the authority of the State . . .\" It made no express grant or reservation of legislative power over the areas purchased. Hence the statute cannot be taken as having yielded or intended to surrender to the Federal Government the state legislative jurisdiction over the area in question, so far as exercise of that jurisdiction is consistent with federal functions. Any doubt as to the effect of such a grant by the state in conferring exclusive legislative jurisdiction over the territory which is acquired by the Federal Government is removed by the provisions of the federal statute.</p>\n<p>Section 12 of the federal statute, authorizing the purchase, provided:</p>\n<blockquote>\"That the jurisdiction, both civil and criminal, over persons upon the lands acquired under this Act shall not be affected or changed by their permanent reservation . . . as national forest lands, except so far as <span class=\"star-pagination\">*487</span> the punishment of offenses against the United States is concerned, the intent and meaning of this section being that the State wherein such land is situated shall not, by reason of such reservation and administration, lose its jurisdiction nor the inhabitants thereof their rights and privileges as citizens or be absolved from their duties as citizens of the State.\"</blockquote>\n<p>By this enactment Congress in effect has declined to accept exclusive legislative jurisdiction over forest reserve lands, and expressly provided that the state shall not lose its jurisdiction in this respect nor the inhabitants \"be absolved from their duties as citizens of the State.\" Compare <i>Mason Co.</i> v. <i>Tax Comm'n, supra</i><i>; </i><i>Atkinson</i> v. <i>Tax Comm'n,</i> 303 U.S. 20; <i>Collins</i> v. <i>Yosemite Park Co.,</i> <span class=\"citation\" data-id=\"103054\"><a href=\"/opinion/103054/collins-v-yosemite-park-curry-co/\"><span class=\"volume\">304</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">518</span></a></span>, 528; <i>Stewart & Co.</i> v. <i>Sadrakula,</i> <span class=\"citation\" data-id=\"103291\"><a href=\"/opinion/103291/james-stewart-co-v-sadrakula/\"><span class=\"volume\">309</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">94</span></a></span>, 99.</p>\n<p>Our conclusion, based on the construction of the interrelated state and federal statutes, is that the state has territorial jurisdiction to lay the tax upon activities carried on within the forest reserve purchased by the United States.</p>\n<p>What we have said of the argument that the tax assessed on plaintiffs is an unconstitutional burden on the Government, is applicable to the tax assessed for severance of timber from forest reserve lands which, from the beginning, have been a part of the public domain. That tax is likewise valid if the state has legislative jurisdiction over such lands within its boundaries.</p>\n<p>Upon admission of Arkansas to statehood in 1836 upon an equal footing with the original states (Act of June 15, 1836, c. 100, 5 Stat. 50), the legislative authority of the state extended over the federally owned lands within the state, to the same extent as over similar property held by private owners, save that the state could enact no law which would conflict with the powers reserved to the United States by the Constitution. <i>Ft. Leavenworth R.</i> <span class=\"star-pagination\">*488</span> <i>Co.</i> v. <i>Lowe,</i> <span class=\"citation\" data-id=\"91400\"><a href=\"/opinion/91400/fort-leavenworth-r-co-v-lowe/\"><span class=\"volume\">114</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">525</span></a></span>, 539; <i>Utah Power & Light Co.</i> v. <i>United States,</i> <span class=\"citation\" data-id=\"98904\"><a href=\"/opinion/98904/utah-power-light-co-v-united-states/\"><span class=\"volume\">243</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">389</span></a></span>, 404. Such authority did not pass to the United States by virtue of the provisions of Article I, \u00a7 8, cl. 17 of the Constitution, which authorize it \"to exercise exclusive Legislation . . . over all Places purchased by the Consent of the Legislature of the State in which the Same shall be.\"</p>\n<p>Since the United States did not purchase the lands with the consent of the state, it did not acquire exclusive jurisdiction under the constitutional provision, and there has been no cession of jurisdiction by the state. <i>Surplus Trading Co.</i> v. <i>Cook,</i> <span class=\"citation\" data-id=\"101601\"><a href=\"/opinion/101601/surplus-trading-co-v-cook/\"><span class=\"volume\">281</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">647</span></a></span>, 651; <i>Mason Co.</i> v. <i>Tax Comm'n, supra,</i> 210. Although Arkansas has, by \u00a7 5647, Pope's Digest, conferred on Congress power to pass laws, civil and criminal, for the administration and control of lands acquired by the United States in Arkansas, it has ceded exclusive legislative jurisdiction neither over lands reserved by the United States from the public domain nor over lands acquired in the state. <i>Ft. Leavenworth R. Co.</i> v. <i>Lowe, supra,</i> 530, 531. It follows that the state has retained its legislative jurisdiction, which it acquired by statehood, over public lands within the state, which have been included within the forest reserve.</p>\n<p>We conclude that the state has legislative jurisdiction over the federal forest reserve lands located within it, whether they were originally a part of the public domain of the United States, or were acquired by the United States by purchase, and that the tax assessed against plaintiffs is not subject to any constitutional infirmity, or to any want of taxing jurisdiction of the state to lay it with respect to transactions on the federal forest reserve located within the state.</p>\n<p>The judgment is reversed insofar as it adjudged plaintiffs not liable for the tax on severance of timber from lands held by the United States as original owner, and the cause <span class=\"star-pagination\">*489</span> is remanded to the Supreme Court of Arkansas for further proceedings not inconsistent with this opinion. In all other respects the judgment is affirmed. On the remand the state courts will be free, so far as their own practice allows, to determine any state questions here involved and any federal questions not already decided by this opinion. Compare <i>Schuylkill Trust Co.</i> v. <i>Pennsylvania,</i> <span class=\"citation\" data-id=\"102894\"><a href=\"/opinion/102894/schuylkill-trust-co-v-pennsylvania/\"><span class=\"volume\">302</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">506</span></a></span>, with <i>Schuylkill Trust Co.</i> v. <i>Pennsylvania,</i> 296 U.S. 113.</p>\n<p><i>So ordered.</i></p>\n<p>MR. JUSTICE DOUGLAS concurs in the result.</p>\n<p>MR. JUSTICE JACKSON took no part in the consideration or decision of these cases.</p>\n<p>Opinion of MR. JUSTICE RUTLEDGE, dissenting, announced by the CHIEF JUSTICE.</p>\n<p>In No. 328 the Court sustains the application of the Arkansas severance tax to the appellants.<sup>[1]</sup> In my judgment the cause should be remanded to the state court for it to determine the applicability of the lien and collection provisions to the United States, or their severability, and in the light of that determination to ascertain the constitutional validity of the tax as applied to appellants. Those issues are inescapable on the record in this case. For until they are determined any decision here can affect only a tax of uncertain incidence, unless the Court in sustaining it means to rule, as I think the Arkansas court ruled, that the tax is valid whether or not the statute's lien and collection provisions<sup>[2]</sup> apply to the United States as owner of the land and the severed timber.</p>\n<p><span class=\"star-pagination\">*490</span> Neither course is properly open to us. Since the Arkansas court, as this Court's opinion does not dispute, has sustained the tax without deciding whether the lien and collection provisions are severable and inapplicable to the United States, we are completely at loss to know whether the tax rests ultimately upon the Government, as it does under Arkansas law on all other owners not expressly exempted. Consequently we have no determinable issue, but only a speculative inquiry of a sort beyond the tradition and, in my opinion, the jurisdiction of this Court to decide. On the other hand, if the effect of the decision here, as in the Arkansas court, is to sustain the tax regardless of whether the lien and collection provisions apply in whole or in part to the United States, the result is substantially to sustain a tax laid by the state directly on the Government. This result is as unacceptable as to render an advisory opinion upon the validity of a tax of uncertain and speculative application.</p>\n<p>From <i>McCulloch</i> v. <i>Maryland,</i> <span class=\"citation\" data-id=\"1320585\"><a href=\"/opinion/1320585/mcculloch-v-maryland/\"><span class=\"volume\">4</span> <span class=\"reporter\">Wheat.</span> <span class=\"page\">316</span></a></span>, to now the rule has remained that the states are without power, absent the consent of Congress, to tax the United States, whether with reference to its property or its functions. <span class=\"star-pagination\">*491</span> <i>United States</i> v. <i>Allegheny County,</i> <span class=\"citation\" data-id=\"103982\"><a href=\"/opinion/103982/united-states-v-allegheny-county/\"><span class=\"volume\">322</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">174</span></a></span>, 177. That rule is of the essence of federal supremacy. It is not to be chipped away by ambiguous decisions of state courts or easy assumptions relating to their effects which ignore the direct impact of state taxes where they have no right to strike.</p>\n<p>This is true regardless of the vagaries of decision, at different periods, in allowing expansion of the Government's immunity to include others. Recent recessions from former broad extensions of this kind have settled that ultimate economic incidence upon the Government of a state tax laid upon others is not alone enough to invalidate the tax. <i>James</i> v. <i>Dravo Contracting Co.,</i> <span class=\"citation\" data-id=\"102861\"><a href=\"/opinion/102861/james-v-dravo-contracting-co/\"><span class=\"volume\">302</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">134</span></a></span>; <i>Alabama</i> v. <i>King & Boozer,</i> 314 U.S. 1; see <i>Penn Dairies</i> v. <i>Milk Control Comm'n,</i> <span class=\"citation\" data-id=\"103786\"><a href=\"/opinion/103786/penn-dairies-inc-v-milk-control-commn-of-pa/\"><span class=\"volume\">318</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">261</span></a></span>, 269.<sup>[3]</sup> But this does not mean either that such incidence of the tax is irrelevant to its validity or that all state taxes purporting to be laid upon others but in fact reaching the Government are valid.</p>\n<p>It is still true that \"the taxpayer is the person ultimately liable for the tax itself.\" <i>Colorado Bank</i> v. <i>Bedford,</i> <span class=\"citation\" data-id=\"103343\"><a href=\"/opinion/103343/colorado-nat-bank-of-denver-v-bedford/\"><span class=\"volume\">310</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">41</span></a></span>, 52; <i>Federal Land Bank</i> v. <i>Bismarck,</i> 314 U.S. 95. If the person who must pay the tax in the first place is required by the taxing statute to collect the tax or an equivalent amount from the United States, the tax is upon the United States. \"State law could not obligate the Central Government to reimburse for a valid tax, much less for an invalid one.\" <i>United States</i> v. <i>Allegheny County,</i> <span class=\"citation\" data-id=\"103982\"><a href=\"/opinion/103982/united-states-v-allegheny-county/\"><span class=\"volume\">322</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">174</span></a></span>, 189. Although the Court has gone far in permitting the states to force one private person to act as tax collector for another, cf. <i>Monamotor Oil Co.</i> v. <i>Johnson,</i> 292 U.S. 86; <i>Felt & Tarrant Mfg. Co.</i> v. <i>Gallagher,</i> <span class=\"star-pagination\">*492</span> 306 U.S. 62; <i>General Trading Co.</i> v. <i>Iowa Tax Comm'n,</i> <span class=\"citation\" data-id=\"103992\"><a href=\"/opinion/103992/general-trading-co-v-state-tax-commission-of/\"><span class=\"volume\">322</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">335</span></a></span>, and dissenting opinion at 339, that device cannot be utilized by the states to lay taxes on the United States. Nor has it been held heretofore, if it is now, that a tax purporting to be laid upon a private individual or concern is valid regardless of whether the provisions of the state taxing statute for passing on the tax to another are applicable to the United States or are valid if so applied.</p>\n<p>I am unable to comprehend the effect of the Court's decision. If it is ruling <i>sub silentio</i> or <i>ex hypothesi</i> that the lien and collection provisions of the Arkansas statute, for any application to the Government, are inapplicable or severable, we have no right to make such a decision. That is the business of the Arkansas courts. If the ruling is that the tax is valid even though those provisions are applicable to the United States, then for the first time the Court is overruling the basic principle of <i>McCulloch</i> v. <i>Maryland</i><i>.</i> If the decision is, finally, that the tax is valid whether or not the lien and collection provisions are applicable or severable, then it embodies both faults.</p>\n<p>I do not think the Court means to overrule <i>McCulloch</i> v. <i>Maryland</i><i>.</i> Nor does it purport to interpret or determine the Arkansas law concerning either applicability or severability of the statute's provisions. But unless it is doing this, without so stating, I see no escape from the other horn of the dilemma. Either the tax as applied is valid or it is invalid. Whether it is valid or not depends on whether the lien and collection provisions apply to the United States, for they place the tax directly upon the owner. That issue is inescapable in this case, whether in the Arkansas court or here.</p>\n<p>I do not think the Arkansas court decided either that the lien and collection provisions are inapplicable to the United States or that they are severable from the remainder <span class=\"star-pagination\">*493</span> of the statute, notwithstanding it had those provisions before it, cited them though without ruling upon them, and proceeded to sustain the application of the tax to appellants. I think it clear that the court avoided making such a ruling. In my opinion the Arkansas decision in effect, though not in words, was that the tax is valid regardless of whether the enforcement provisions apply to the United States; which in effect was to rule that the tax had been constitutionally applied even though the collection provisions are applicable to the United States, to the extent at least of the withholding provisions.</p>\n<p>My reasons for this view are several. In the first place, the court's opinion, though noting the collection and lien provisions and the contract's term that title to the severed timber should remain in the Government \"until it has been paid for, and scaled, measured or counted,\" does this in the introductory statement of the case and then proceeds through a lengthy discussion without again referring to those provisions.</p>\n<p>Moreover they provide plainly that where the severer is different from the owner, the former must pay the tax but he is required to pass it on to the owner.<sup>[4]</sup> A further provision requires him to withhold the amount of the tax from any money or severed property in kind due the owner under their contract.<sup>[5]</sup> Another section gives the state a <span class=\"star-pagination\">*494</span> lien on the severed resources for the tax and penalties.<sup>[6]</sup> The clear effect of the provisions requiring \"the reporting taxpayer\" to \"collect or withhold\" the amount of the tax from the owner is to give him a defense to the owner's action to recover the full contract price for the severed resources and an equally clear right of action against the owner for the amount of the tax.</p>\n<p>Thus the scheme of the tax is to place both its ultimate legal and its ultimate economic incidence on the owner. The tax in terms is \"due by the respective owners of such natural resources.\"<sup>[7]</sup> It is \"a privilege tax or license tax; and is levied on the business of severing,\" as the Arkansas court declared in this case. <span class=\"citation no-link\"><span class=\"volume\">208</span> <span class=\"reporter\">Ark.</span> <span class=\"page\">459</span></span>, 468, <span class=\"citation no-link\"><span class=\"volume\">187</span> <span class=\"reporter\">S.W.2d</span> <span class=\"page\">7</span></span>, 12. But it is ultimately, as that court has also declared, though not expressly in this case, a privilege or license tax levied upon <i>the owner's</i> business of severing, for it applies to him whenever he severs or permits severance for sale; and \"sale\" includes turning over the timber <span class=\"star-pagination\">*495</span> to one who clears the land as payment for the clearing, although his purpose in doing this is only to make the soil available for tilling.<sup>[8]</sup></p>\n<p>Moreover, as the Arkansas court did hold specifically in this case, the act contains only two exemptions, neither of which applies to the United States.<sup>[9]</sup> And on this ground, together with the maxim <i>expressio unius,</i> it ruled the act applicable to the severance of timber \"in all instances except the two exemptions mentioned.\"<sup>[10]</sup></p>\n<p>That ruling, it seems to me, is especially significant when it is considered not only in the light of the court's failure to make further reference to or ruling upon the collection provisions, but also in view of the Arkansas court's previous decisions. Thus, in <i>Miller Lumber Co.</i> v. <i>Floyd,</i> <span class=\"citation no-link\"><span class=\"volume\">169</span> <span class=\"reporter\">Ark.</span> <span class=\"page\">473</span></span>, 480, <span class=\"citation no-link\"><span class=\"volume\">275</span> <span class=\"reporter\">S.W.</span> <span class=\"page\">741</span></span>, the court held: \"Where a landowner makes a contract with another person to cut and remove the timber from his land for sale or commercial purposes, the owner <i>must</i> pay the severance tax; for such contractor and his servants who actually sever the timber <i>act for the owner in the premises, and their act of severing</i> the timber <i>is the act of the owner.</i>\"<sup>[11]</sup> (Emphasis added.)</p>\n<p><span class=\"star-pagination\">*496</span> No reference was made in this case to the <i>Miller</i> case. In the absence of one we cannot assume that the court intended to overrule that decision or to destroy its rationalization or universal applicability, except for the specific exemptions. Not only the opinion in this case, as much by its omissions as by what it expressly rules, but also the Arkansas court's prior decisions, give every ground for believing that it did not intend either to apply the tax differently in this case than in any other or to overrule its <span class=\"star-pagination\">*497</span> prior determinations of the ultimate nature, character and incidence of the tax.<sup>[12]</sup></p>\n<p>The majority seem to imply however that this may be exactly what was done; that perhaps the Arkansas court held that since the tax would be unconstitutional if, as the statute contemplates, it were directly placed upon the Government as owner, it would treat the tax as falling not on the Government but on the severer alone. As has been stated, nothing in that court's opinion suggests such a ruling. And if there were either a ruling or a sufficient suggestion of this sort, it would raise other serious questions, not considered by that court or here, concerning the validity of the tax. The effect of such a holding would seem to be to single out contractors with the Government for the imposition of a tax not placed on other severers. All other contractors, by the terms of the statute and the Arkansas decisions, would be required to pass the tax along to owners. Only contractors with the Government would not be allowed or required to do this. Thus to treat the tax as applicable only to the severer in this case, and the collection provisions affecting the owner as severable and inapplicable, would raise serious questions of discrimination, which neither the Arkansas court nor this Court has <span class=\"star-pagination\">*498</span> considered and which appellants are entitled to have determined.</p>\n<p>It is true that they have not raised here any question of discriminatory enforcement. But this is because they had no reason to believe that the Arkansas court had applied, or would apply, the statute differently to them than to others or to anticipate the character of the ruling now made. It is doubtful, to say the least, that the Arkansas legislature could place a severance tax exclusively upon persons who sever resources from governmentally owned land. The same doubt would apply to the state court's effort to make the statute so effective, were it to undertake doing this. In my judgment it has not done so. Whether or not such an effort ultimately would be successful, appellants are entitled to be heard upon the question before that result is achieved. They should not be deprived of this opportunity through this Court's upholding of an ambiguously applicable statute or in advance of a decision by the only court which can remove the ambiguity. Because the Arkansas court has not passed upon applicability or severability of the collection provisions as they affect the owner, and because it has not determined the validity of the tax as applied in the light of such a determination, I think the cause should be remanded to it, so that the former questions may be authoritatively determined before we undertake to decide, upon the wholly speculative basis now presented, whether the tax as applied is valid.</p>\n<h2>NOTES</h2>\n<p>[*] Together with No. 329, <i>Cook, Commissioner of Revenues,</i> v. <i>Wilson et al., doing business as Wilson Lumber Co.,</i> on certiorari to the same court, argued and decided on the same dates.</p>\n<p>[*] Even if the opinion of the Supreme Court of Arkansas had proceeded on a ground so unexpected as to make timely, by petition for rehearing, the raising of the federal questions now for the first time advanced, compare <i>Saunders</i> v. <i>Shaw,</i> 244 U.S. 317; <i>Ohio</i> v. <i>Akron Park District,</i> <span class=\"citation\" data-id=\"101534\"><a href=\"/opinion/101534/ohio-ex-rel-bryant-v-akron-metropolitan-park-dist/\"><span class=\"volume\">281</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">74</span></a></span>, 79, plaintiffs in their petition for rehearing did not suggest them.</p>\n<p>[1] On the jurisdictional discussion of the Court the appellants are, of course, petitioners on certiorari.</p>\n<p>[2] Pope's Digest Ark. (1937) \u00a7\u00a7 13371-13395. The statute was first enacted in 1923. Acts of Arkansas, 1923, Act 118. It was materially amended in 1929, but its essential scheme remained the same. Acts of Arkansas, 1929, Act 283. See notes 4-6, 9-12, and text, for the substance and effects of the provisions.\n</p>\n<p>Although, as I read its opinion, the Arkansas court carefully refrained from ruling upon their severability and therefore also their applicability to the Government (see text <i>infra</i>), the lien and collection provisions were before it, were cited in the opinion, and were necessarily involved in the issues presented. The court appears to have ruled that the tax is valid as applied to the appellants regardless of whether these provisions are severable or are applicable to the United States. That it did so furnishes no ground for believing that the issues relating to them were not presented or were waived. The petition for rehearing, as well as the opinion itself, demonstrates the contrary. The first ground set forth was: \"The court erred in holding that the tax was not a direct tax on the United States.\"</p>\n<p>[3] See Powell, The Waning of Intergovernmental Tax Immunities (1945) 58 Harv. L. Rev. 633; Powell, The Remnant of Intergovernmental Tax Immunities (1945) 58 Harv. L. Rev. 757.</p>\n<p>[4] Pope's Digest Ark. \u00a7 13382 provides: \"The reporting taxpayer <i>shall</i> collect or withhold <i>out of the proceeds of the sale</i> of the products severed the proportionate parts of the total tax <i>due by the respective owners of such natural resources</i> at the time of severance.\" (Emphasis added.)</p>\n<p>[5] The provision reads: \"Every producer actually operating any oil or gas well, quarry or other property from which natural resources are severed, under contract or agreement requiring payment direct to the owner of any royalty, excess royalty or working interest, either in money or in kind, is hereby authorized, empowered <i>and required</i> to deduct from any such royalty or other interest the amount of the severance tax herein levied before making such payment.\" Pope's Digest Ark. \u00a7 13382. (Emphasis added.)\n</p>\n<p>\"Producer\" is defined as every person, firm, corporation or association of persons \"engaged in the business of mining, cutting or otherwise severing from the soil or water for commercial purposes natural resources, including minerals and ores, pearls, diamonds, and other precious stones, bauxite, fuller's earth, phosphates, shells, chalk, cement, clay, sand, gravel, asphalt, ochre, oil, gas, salt, sulphur, lignite, coal, marble, stones and stone products, timber, turpentine and all other forest products and all other natural products of the soil or water of Arkansas.\" Pope's Digest Ark. \u00a7 13371.</p>\n<p>[6] Pope's Digest Ark. \u00a7 13376: \"The State of Arkansas shall have a lien upon any and all natural resources severed from the soil or water for the tax and penalties herein imposed and, in addition thereto, said lien shall attach to the well, machinery, tools and implements used in severing of such resources.\"\n</p>\n<p>As the section was enacted originally in 1923 the provision for attachment of the lien to machinery, etc., used in severing was not included. This was added by amendment in 1929. Cf. note 2.</p>\n<p>[7] See note 4.</p>\n<p>[8] See note 11.</p>\n<p>[9] One was for the individual owner who occasionally severs in order to build or repair improvements on the premises or for his own use and another for the \"producer of switch ties\" who hews them out entirely by hand. <span class=\"citation no-link\"><span class=\"volume\">208</span> <span class=\"reporter\">Ark.</span> <span class=\"page\">459</span></span>, 463, <span class=\"citation no-link\"><span class=\"volume\">187</span> <span class=\"reporter\">S.W.2d</span> <span class=\"page\">7</span></span>, 10.</p>\n<p>[10] The decision held the tax invalid as applied to the severance from lands held by the United States as original owner, though not as to those purchased with the state's consent.</p>\n<p>[11] The effect of the quoted statement is emphasized by its context, in part as follows: \"It is apparent then that the owner of lands, who cuts down trees for the purpose of building fences or repairing and constructing houses and other improvements on the land from the timber thus severed from the soil is exempted from paying the tax. It is equally evident that when the timber severed from the soil is sold, it falls within the terms of the act, and the tax must be paid by someone. To illustrate: if the owner of timber lands desired to sever it for the purpose of clearing the land and putting it in cultivation and hired other persons to sever the timber for him, he would be required to pay the severance tax. If the owner should lease his land to another person for a designated number of years in order to have his lessee clear the land and put it in cultivation, and if the consideration for the lease in whole or in part was that the lessee should have the timber so removed from the land, the severance tax would have to be paid by such lessee. It will be noted that the language of the act is specific on this subject and provides that the severer or producer as he is called shall pay the tax. The act is very broad and comprehensive, and is levied upon all persons engaged in severing the timber from the soil for sale or commercial purposes, regardless of the purpose for which it is done. The only exception is that the tax shall not be paid where the timber severed is actually used in erecting or repairing structures and other improvements on the land. The application of the timber in part payment for clearing the land is a severing of it for commercial purposes, although the primary purpose of severing it is to enable the land to be put in cultivation. Where a landowner makes a contract with another person to cut and remove the timber from his land for sale or commercial purposes, the owner must pay the severance tax; for such contractor and his servants who actually sever the timber act for the owner in the premises, and their act of severing the timber is the act of the owner.\"\n</p>\n<p>In a previous appeal in the same case, <span class=\"citation no-link\"><span class=\"volume\">160</span> <span class=\"reporter\">Ark.</span> <span class=\"page\">17</span></span>, <span class=\"citation no-link\"><span class=\"volume\">254</span> <span class=\"reporter\">S.W.</span> <span class=\"page\">450</span></span>, the court had sustained the act as constitutional on the theory that it was a privilege tax and not a property tax.</p>\n<p>[12] This view is sustained also by the court's expressed view that \"Imposition of the tax here does not in any sense interfere with the Government's business.\" <span class=\"citation no-link\"><span class=\"volume\">208</span> <span class=\"reporter\">Ark.</span> <span class=\"page\">459</span></span>, 468, <span class=\"citation no-link\"><span class=\"volume\">187</span> <span class=\"reporter\">S.W.2d</span> <span class=\"page\">7</span></span>, 12. The statement could mean that the tax would not be applied to the Government as to other owners, in which event a severance of the collection provisions would be implied. That it does not have this meaning is evidenced, I think, by the court's reliance on <i>James</i> v. <i>Dravo Contracting Co., supra</i><i>,</i> where quite different statutory provisions were in question. The court's misapplication of the <i>Dravo</i> case was, I think, but a reflection of its implicit idea that the tax would be valid since it was collected immediately from the appellants, even though they might pass on its economic burden to the Government, without regard to how that might be done.</p>\n\n</div>",
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"html": "<p class=\"case_cite\">327 U.S. 474</p>\n <p class=\"case_cite\">66 S.Ct. 663</p>\n <p class=\"case_cite\">90 L.Ed. 793</p>\n <p class=\"parties\">WILSON et al.<br>v.<br>COOK, Commissioner of Revenues of Arkansas. COOK, Commissioner of Revenues of Arkansas, v. WILSON et al.</p>\n <p class=\"docket\">Nos. 328 and 329.</p>\n <p class=\"date\">Mandate Conformed to April 22, 1946.</p>\n <div class=\"prelims\">\n <p>See 193 S.W.2d 818.</p>\n <p>Argued and Submitted Jan. 11, 1946.</p>\n <p>Decided March 4, 1946.</p>\n <p class=\"indent\">Appeal from and Writ of Certiorari to the Supreme Court of arkansas.</p>\n <p class=\"indent\">[Syllabus from pages 474-476 intentionally omitted]</p>\n <p class=\"indent\">Mr.O. T. Ward, of Little Rock, Ark., for Cook, Commissioner of revenue, etc.</p>\n <p class=\"indent\">Mr. William J. Kirby, of Little Rock, Ark., for Wilson et al., etc.</p>\n <p class=\"indent\">Mr. Chief Justice STONE delivered the opinion of the Court.</p>\n </div>\n <div class=\"num\" id=\"p1\">\n <span class=\"num\">1</span>\n <p class=\"indent\">An Arkansas statute, Act 118 of 1923, Pope's Digest, Arkansas Statutes 1937, § 13371, imposes 'a privilege or license tax * * * upon each person * * * engaged in the business of * * * severing from the soil * * * for commercial purposes natural resources, including * * * timber.' By § 13372, as a condition of the license, there is imposed on the severer an obligation to pay the tax and consent that the tax 'shall * * * remain a lien on each unit of production until paid into the State Treasury.' Section 13375 fixes the tax at 7 cents per thousand feet of the timber severed. Section 13376 provides that the state 'shall have a lien upon any and all natural resources severed from the soil.' In § 13382 it is provided that 'the payment of said privilege taxes shall be required of the severer * * * actually engaged in the operation of severing natural products, whether as owner, lessee, concessionaire or contractor. The reporting taxpayer shall collect or withhold out of the proceeds of the sale of the products severed the proportionate parts of the total tax due by the respective owners of such natural resources at the time of severance.'</p>\n </div>\n <div class=\"num\" id=\"p2\">\n <span class=\"num\">2</span>\n <p class=\"indent\">Appellants in No. 328 a copartnership, entered into contracts with the United States for the purchase and severance of timber on national forest reserves located within the state, some of which were public lands of the United States when Arkansas was admitted to statehood and some of which were acquired by the United States by purchase with the consent of the state. The contracts of severance and purchase provided that 'title to all timber included in this agreement shall remain in the United States until it is paid for, and scaled, measured or counted.' By the contracts the appellants were required in advance of severance to place with the Government representative advance installments of the estimated purchase price.</p>\n </div>\n <div class=\"num\" id=\"p3\">\n <span class=\"num\">3</span>\n <p class=\"indent\">In the years 1937 to 1942, appellants, proceeding under their contract, severed timber from the forest reserves in question. An execution having been issued and delivered to the county sheriff, appellee in No. 328, and also appellant in No. 329, for collection of the tax assessed against appellants in No. 328 for the years in question, they brought the present suit in the state chancery court to enjoin the collection. The questions on which the parties ask decision are (a) whether the forest reserves which were public lands of the United States before Arkansas was admitted to statehood are subject to the taxing jurisdiction of the state; (b) whether the forest reserves acquired by the United States by purchase remain subject to the taxing authority of the state; and (c) whether the tax is unconstitutional as a tax laid upon the property or activities of the United States, or because the tax laid on plaintiffs imposed an unconstitutional burden on the United States.</p>\n </div>\n <div class=\"num\" id=\"p4\">\n <span class=\"num\">4</span>\n <p class=\"indent\">The chancery court gave judgment for plaintiffs enjoining collection of the tax. It held that if the tax 'be applied' to plaintiffs, it 'would be a tax upon the operations of the Government of the United States,' and that the tax 'does not apply to timber severed by the plaintiffs from the National Forest.' On appeal the Supreme Court of Arkansas modified the judgment, holding that the state was without authority to lay a tax on the severance of timber from lands which were public lands of the United States when Arkansas was admitted to statehood; that the authority of the state to lay the tax extended to transactions occurring on the forest reserve acquired by the United Stat § by purchase; and that the present tax assessed against plaintiffs for the severance of timber on forest reserves of this class did not lay an unconstitutional burden on the United States. 187 S.W.2d 7.</p>\n </div>\n <div class=\"num\" id=\"p5\">\n <span class=\"num\">5</span>\n <p class=\"indent\">Plaintiffs have appealed, in No. 328, from so much of the judgment as sustained the tax with respect to lands acquired by the United States by purchase, urging in their assignments of error that the Supreme Court of Arkansas erred in reversing the judgment of the chancery court, 'which held to be void the severance tax statute', and in holding that the severance tax law is not repugnant to the supremacy clause, Art. VI, cl. 2 of the Constitution, or to Art. IV, § 3, cl. 2, conferring on Congress power to dispose of 'and make all needful Rules and Regulations respecting * * * Property belonging to the United States.' Defendant, appellant in No. 329, seeks by his appeal to reverse so much of the judgment as denied the right to levy the tax for severance of timber from forest lands reserved from the public domain. On submission of the jurisdictional statements in this Court we postponed to the hearing on the merits consideration of our jurisdiction in No. 328. In No. 329 we dismissed the appeal for want of jurisdiction. § 237(a) of the Judicial Code as amended, 28 U.S.C. § 344(a), 28 U.S.C.A. § 344(a). Treating the papers on which the appeal was allowed as a petition for writ of certiorari, as required by § 237(a) of the Judicial Code as amended, we granted certiorari. 326 U.S. 685, 66 S.Ct. 57.</p>\n </div>\n <div class=\"num\" id=\"p6\">\n <span class=\"num\">6</span>\n <p class=\"indent\">Under § 237 of the Judicial Code we are without jurisdiction of the appeal in No. 328, unless there was 'drawn in question' before the Supreme Court of Arkansas 'the validity of a * * * statute' of the state, 'on the ground of its being repugnant to the Constitution, * * * or laws of the United States.' The purpose of this requirement is to restrict our mandatory jurisdiction on appeal, Memphis Natural Gas Co. v. Beeler, 315 U.S. 649, 651, 62 S.Ct. 857, 859, 86 L.Ed. 1090, and to make certain that no judgment of a state court will be reviewed on appeal by this Court unless the highest court of the state has first been apprised that a state statute is being assailed as invalid on federal grounds, Charleston Federal Savings & Loan Ass'n v. Alderson, 324 U.S. 182, 185, 186, 65 S.Ct. 624, 627, and cases cited, or, when the statute, as applied, is so assailed, until it has opportunity authoritatively to construe it. Fiske v. Kansas, 274 U.S. 380, 385, 47 S.Ct. 655, 656, 71 L.Ed. 1108, and cases cited. This jurisdictional requirement is satisfied only if the record shows that the question of the validity under federal law of the state statute, as construed and applied, has either been presented for decision to the highest court of the state, Wall v. Chesapeake & Ohio R. Co., 256 U.S. 125, 126, 41 S.Ct. 402, 403, 65 L.Ed. 856; Citizens Nat. Bank v. Durr, 257 U.S. 99, 106, 42 S.Ct. 15, 16, 66 L.Ed. 149; or has in fact been decided by it, Nickey v. Mississippi, 292 U.S. 393, 394, 54 S.Ct. 743, 78 L.Ed. 1323; Whitfield v. Ohio, 297 U.S. 431, 435, 436, 56 S.Ct. 532, 533, 80 L.Ed. 778, and that its decision was necessary to the judgment. Cuyahoga River Power Co. v. Northern Realty Co., 244 U.S. 300, 304, 37 S.Ct. 643, 645, 61 L.Ed. 1153, and cases cited. The record in this case does not disclose that at any time in the course of the proceedings in the state courts plaintiffs asserted the invalidity of a state statute on any federal ground. The bill of complaint in the chancery court set up only that the demand of the state for the tax 'is an illegal and void exaction' and 'is in violation of' Art. IV, § 3, cl. 2 and of Art. VI, cl. 2 of the Constitution. There were no assignments of error in the Supreme Court of Arkansas.</p>\n </div>\n <div class=\"num\" id=\"p7\">\n <span class=\"num\">7</span>\n <p class=\"indent\">As the record does not show that the plaintiffs presented for decision to the state Supreme Court any federal question, they have no appeal to this Court unless the opinion of the state Supreme Court shows that that court ruled on the validity of a state statute under the laws nd Constitution of the United States. Charleston Federal Savings & Loan Ass'n v. Alderson, supra, 324 U.S. 185, 186, 65 S.Ct. 627, and cases cited. That court's opinion (187 S.W.2d 7, 9), while holding that the 'tax law' was applicable to 'persons severing timber from lands of the United States in the national forest,' does not indicate that plaintiffs raised there, or that the court passed upon, the validity of the statute as applied. The court considered only the validity of 'the tax,' not that of the statute.</p>\n </div>\n <div class=\"num\" id=\"p8\">\n <span class=\"num\">8</span>\n <p class=\"indent\">With reference to plaintiffs' liability for the tax it decided only that the state 'has the right to collect the severance tax, so far as territorial jurisdiction is concerned,' for severance of timber from lands acquired by the United States by purchase, and that plaintiffs could not claim the benefits of the immunity, if any, of the Federal Government from 'the tax,' since it was imposed on plaintiffs, not the Government or its property. It said that the Government was not constitutionally immune from such economic burden as might be passed on from the taxpayer to the Government by reason of the effect of the tax paid by the severers, citing James v. Dravo Contracting Co., 302 U.S. 134, 58 S.Ct. 208, 82 L.Ed. 155, 114 A.L.R. 318, and State of Alabama v. King & Boozer, 314 U.S. 1, 62 S.Ct. 43, 86 L.,Ed. 3, 140 A.L.R. 615. Being asked to enjoin the collection of the tax, the state court contented itself with holding that the tax, which was assessed on plaintiffs and not the Government, imposed no burden on the Government which infringed its implied constitutional tax immunity. Since the collection of a tax by a state officer, as here, may or may not offend against the Constitution, independently of the constitutionality of a statute, see Nashville, C. & St. L. Ry. v. Browning, 310 U.S. 362, 369, 60 S.Ct. 968, 972, 84 L.Ed. 1254, the state court, in holding the tax constitutional, did not necessarily pass on the constitutional validity of the statute.</p>\n </div>\n <div class=\"num\" id=\"p9\">\n <span class=\"num\">9</span>\n <p class=\"indent\">In order to support an appeal to this Court it is necessary that the question of the validity of the state taxing statute be either presented to the state court or decided by it. It is not sufficient merely to attack, as here, the tax levied under the statute, or 'the right to collect the tax' which has been levied, or to show that the validity of the tax alone has been considered. Charleston Federal Savings & Loan Ass'n v. Alderson, supra, 324 U.S. 185, 65 S.Ct. 627, and cases cited. For 'the mere objection to an exercise of authority under a statute, whose validity is not attacked, cannot be made the basis' of an appeal. Jett Bros. Distilling Co. v. City of Carrollton, 252 U.S. 1, 6, 40 S.Ct. 255, 256, 64 L.Ed. 421. It is for this reason that we have held that an appeal will not be sustained where there has been only an attack upon a tax assessment, Jett Bros. Distilling Co. v. City of Carrollton, supra; Miller v. Board of County Com'rs, 290 U.S. 586, 54 S.Ct. 78, 78 L.Ed. 518; Memphis Natural Gas Co. v. Beeler, supra, 315 U.S. 650, 62 S.Ct. 859, 86 L.Ed. 1090; Commercial Credit Co. v. O'Brien, 323 U.S. 665, 65 S.Ct. 75; Charleston Federal Savings & Loan Ass'n v. Alderson, supra, 324 U.S. 185, 65 S.Ct. 627, or, as here, upon a 'tax,' Citizens' Nat. Bank v. Durr, supra, 257 U.S. 106, 42 S.Ct. 16, 66 L.Ed. 149; Indian Territory Illuminating Oil Co. v. Board of County Com'rs, 287 U.S. 573, 53 S.Ct. 115, 77 L.Ed. 503; Baltimore Nat. Bank v. State Tax Comm., 296 U.S. 538, 56 S.Ct. 125, 80 L.Ed. 382; Irvine v. Spaeth, 314 U.S. 575, 62 S.Ct. 117, 86 L.Ed. 466, or upon the attempt to collect a tax, Jett Bros. Distilling Co. v. City of Carrollton, supra.</p>\n </div>\n <div class=\"num\" id=\"p10\">\n <span class=\"num\">10</span>\n <p class=\"indent\">Since plaintiffs' attack is directed to the validity of the tax as laid, and not to the validity of the statute, as applied, we are without jurisdiction of their appeal under § 237 of the Judicial Code. Treating the appeal as a petition for writ of certiorari, as required by § 237(c) of the Judicial Code, we grant certiorari, as we did in No. 329. We can consider only the federal questions passed pon by the state Supreme Court.</p>\n </div>\n <div class=\"num\" id=\"p11\">\n <span class=\"num\">11</span>\n <p class=\"indent\">Our decision in James v. Dravo Contracting Co., supra, and in State of Alabama v. King & Boozer, supra, and the cases cited in those opinions, can leave no doubt that the Supreme Court of Arkansas correctly held that plaintiffs, who are taxed by the state on their activities in severing lumber from Government lands under contract with the Government, cannot claim the benefit of the implied constitutional immunity of the Federal Government from taxation by the state.</p>\n </div>\n <div class=\"num\" id=\"p12\">\n <span class=\"num\">12</span>\n <p class=\"indent\">Plaintiffs now, for the first time, assail the tax and the statute imposing it, on the ground that the Act requires the severer to collect the tax from the owner of the timber at the time of severance, Pope's Digest, § 13382, and gives to the state a lien on the land from which the lumber is severed, id., § 13374, and a lien upon the severed timber, id., § 13376, even though title to the severed product has not passed to the taxpayer. They contend that the Act thus purports to place a forbidden tax directly on the United States. Cf. Mayo v. United States, 319 U.S. 441, 63 S.Ct. 1137, 87 L.Ed. 1504, 147 A.L.R. 761.</p>\n </div>\n <div class=\"num\" id=\"p13\">\n <span class=\"num\">13</span>\n <p class=\"indent\">But we are not free to consider these grounds of attack for the reason that they were not presented to the Supreme Court of Arkansas or considered or decided by it. While the constitutional question now sought to be presented is in some measure related to that decided by the state court, and, like it, arises under the implied constitutional immunity of the Federal Government from state taxation, it is not merely 'an enlargement' of an argument made before the state court, but is so distinct from the question decided by the state court that our decision of the issue raised there would not necessarily decide that now sought to be raised. Compare Dewey v. Des Moines, 173 U.S. 193, 197, 198, 19 S.Ct. 379, 380, 381, 43 L.Ed. 665. We are therefore not free to consider it.</p>\n </div>\n <div class=\"num\" id=\"p14\">\n <span class=\"num\">14</span>\n <p class=\"indent\">'In reviewing the judgment of a state court, this Court will not pass upon any federal question not shown by the record to have been raised in the state court or considered there, whether it be one arising under a different or the same clause in the constitution with respect to which other questions are properly presented.' People of State of New York ex rel. Cohn v. Graves, 300 U.S. 308, 317, 57 S.Ct. 466, 469, 81 L.Ed. 666, 108 A.L.R. 721, and cases cited. For, as we said in McGoldrick v. Compagnie Generale Transatlantique, 309 U.S. 430, 434, 435, 60 S.Ct. 670, 672, 673, 84 L.Ed. 849, 'In cases coming here from state courts in which a state statute is assailed as unconstitutional, there are reasons of peculiar force which should lead us to refrain from deciding questions not presented or decided in the highest court of the state whose judicial action we are called upon to review. Apart from the reluctance with which every court should proceed to set aside legislation as unconstitutional on grounds not properly presented, due regard for the appropriate relationship of this Court to state courts requires us to decline to consider and decide questions affecting the validity of state statutes not urged or considered there. It is for these reasons that this Court, where the constitutionality of a statute has been upheld in the state court, consistently refuses to consider any grounds of attack not raised or decided in that court.' See also Keokuk & Hamilton Bridge Co. v. Illinois, 175 U.S. 626, 633, 20 S.Ct. 205, 208, 44 L.Ed. 299; Bolln v. Nebraska, 176 U.S. 83, 89-92, 20 S.Ct. 287, 289, 290, 44 L.Ed. 382; People of State of New York v. Kleinert, 268 U.S. 646, 650, 651, 45 S.Ct. 618, 619, 620, 69 L.Ed. 1135; Whitney v. California, 274 U.S. 357, 362, 363, 47 S.Ct. 641, 643, 644, 71 L.Ed. 1095; Saltonstall v. Saltonstall, 276 U.S. 260, 267, 268, 48 S.Ct. 225, 226, 72 L.Ed. 565.</p>\n </div>\n <div class=\"num\" id=\"p15\">\n <span class=\"num\">15</span>\n <p class=\"indent\">In view of the lien provisions of the statute and its provisions which purport to authorize the taxpayer to collect the tax from the owner of the severed timber, here the Government, it is suggested that we cannot rightly adjudge that the state is entitled to recover the tax on the transactions of severance involved, without determining the applicability of these provisions to the Government and their validity if so applied. We are not now concerned with the Government's liability to the statutory lien or for payment of the tax. It will be time enough to consider its interests when some effort is made to enforce the lien or collect the tax from the United States. We obviously do not by our judgment against the plaintiffs impose the tax on the Government. Their property alone is subject to the lien of the present judgment and to execution issued under it. They cannot recover the amount of the judgment from the Government unless the Constitution permits. And if it forbids they obviously will not collect the tax. In neither case does our judgment impose any burden on the United States. We are not called on to determine whether plaintiffs could have successfully contested their liability in the state courts or here, if the contentions were properly raised, upon the ground that they would be unable to collect the tax from the Government, either because the provision purporting to allow such collection is inapplicable where the owner is the Government or, if applicable, invalid, or on the ground that the tax, applied to them without recourse against the Government, would deny to them the equal protection of the laws.</p>\n </div>\n <div class=\"num\" id=\"p16\">\n <span class=\"num\">16</span>\n <p class=\"indent\">The state, construing its own law, has rendered an unconditional judgment holding plaintiffs liable for the tax. For purposes of our review we must assume that the judgment conforms to state law. Hence we are called on to determine only federal questions properly raised on the record. Considering the only question of the tax immunity of the United States which is so raised, we decide for reasons already stated that the tax now laid and sustained imposes no unconstitutional burden on the federal Government. No question arising under the Fourteenth Amendment is raised by the record either in the state courts or here, and we are without jurisdiction to pass upon it.<a class=\"footnote\" href=\"#fn-s\" id=\"fn-s_ref\">*</a></p>\n </div>\n <div class=\"num\" id=\"p17\">\n <span class=\"num\">17</span>\n <p class=\"indent\">A further question is whether the lands in the forest reserve, which were purchased for that purpose by the United States, are within the territorial taxing jurisdiction of the state. The answer turns on the interpretation of the statute of the United States authorizing the acquisition of the lands, §§ 7 and 12 of the Act of March 1, 1911, c. 186, 36 Stat. 961, 16 U.S.C. §§ 480, 516, 16 U.S.C.A. §§ 480, 516, and of the state statute of Arkansas authorizing the sale. Pope's Digest, § 5646. The meaning of both statutes, as applied in this case, is a federal question, since upon their construction depend rights, powers and duties of the United States. Mason Co. v. Tax Comm., 302 U.S. 186, 197, 58 S.Ct. 233, 239, 82 L.Ed. 187, and cases cited.</p>\n </div>\n <div class=\"num\" id=\"p18\">\n <span class=\"num\">18</span>\n <p class=\"indent\">The statute of Arkansas consenting to the purchase of forest lands by the United States, provided that the state should 'retain a concurrent jurisdiction with the United States in and over lands so acquired * * *', to issue and execute 'civil process in all cases, and such criminal process as may issue under the authority of the State * * *.' It made no express grant or reservation of legislative power over the areas purchased. Hence the statute cannot be taken as having yielded or intended to surrender to the Federal Government the state legislative jurisdiction over the area in question, so far as exercise of that jurisdiction is consistent with federal functions. in all cases, and such criminal process as by the state in conferr ng exclusive legislative * * *.' It made no express grant or is acquired by the Federal Government is removed by the provisions of the federal statute.</p>\n </div>\n <div class=\"num\" id=\"p19\">\n <span class=\"num\">19</span>\n <p class=\"indent\">Section 12 of the federal statute, authorizing the purchase, provided:</p>\n </div>\n <div class=\"num\" id=\"p20\">\n <span class=\"num\">20</span>\n <p class=\"indent\">'That the jurisdiction, both civil and criminal, over persons upon the lands acquired under this Act shall not be affected or changed by their permanent reservation * * * as national forest lands, except so far as the punishment of offenses against the United States is concerned, the intent and meaning of this section being that the State wherein such land is situated shall not, by reason of such reservation and administration, lose its jurisdiction nor the inhabitants thereof their rights and privileges as citizens or be absolved from their duties as citizens of the State.'</p>\n </div>\n <div class=\"num\" id=\"p21\">\n <span class=\"num\">21</span>\n <p class=\"indent\">By this enactment Congress in effect has declined to accept exclusive legislative jurisdiction over forest reserve lands, and expressly provided that the state shall not lose its jurisdiction in this respect nor the inhabitants 'be absolved from their duties as citizens of the State.' Compare Mason Co. v. Tax Comm., supra; Atkinson v. State Tax Comm., 303 U.S. 20, 58 S.Ct. 419, 82 L.Ed. 621; Collins v. Yosemite Park & Curry Co., 304 U.S. 518, 528, 58 S.Ct. 1009, 1013, 82 L.Ed. 1502; Stewart & Co. v. Sadrakula, 309 U.S. 94, 99, 60 S.Ct. 431, 433, 84 L.Ed. 596, 127 A.L.R. 821.</p>\n </div>\n <div class=\"num\" id=\"p22\">\n <span class=\"num\">22</span>\n <p class=\"indent\">Our conclusion, based on the construction of the interrelated state and federal statutes, is that the state has territorial jurisdiction to lay the tax upon activities carried on within the forest reserve purchased by the United States.</p>\n </div>\n <div class=\"num\" id=\"p23\">\n <span class=\"num\">23</span>\n <p class=\"indent\">What we have said of the argument that the tax assessed on plaintiffs is an unconstitutional burden on the Government, is applicable to the tax assessed for severance of timber from forest reserve lands which, from the beginning, have been a part of the public domain. That tax is likewise valid if the state has legislative jurisdiction over such lands within its boundaries.</p>\n </div>\n <div class=\"num\" id=\"p24\">\n <span class=\"num\">24</span>\n <p class=\"indent\">Upon admission of Arkansas to statehood in 1836 upon an equal footing with the original states, Act of June 15, 1836, c. 100, 5 Stat. 50, the legislative authority of the state extended over the federally owned lands within the state, to the same extent as over similar property held by private owners, save that the state could enact no law which would conflict with the powers reserved to the United States by the Constitution. Ft. Leavenworth R. Co. v. Lowe, 114 U.S. 525, 539, 5 S.Ct. 995, 1003, 29 L.Ed. 264; Utah Power & Light Co. v. United States, 243 U.S. 389, 404, 37 S.Ct. 387, 389, 61 L.Ed. 791. Such authority did not pass to the United States by virtue of the provisions of Article I, § 8, cl. 17 of the Constitution, which authorize it 'to exercise exclusive Legislation * * * over all Places purchased by the consent of the Legislature of the State in which the Same shall be.'</p>\n </div>\n <div class=\"num\" id=\"p25\">\n <span class=\"num\">25</span>\n <p class=\"indent\">Since the United States did not purchase the lands with the consent of the state, it did not acquire exclusive jurisdiction under the constitutional provision, and there has been no cession of the jurisdiction by the state. Surplus Trading Co. v. Cook, 281 U.S. 647, 651, 50 S.Ct. 455, 456, 74 L.Ed. 1091; Mason Co. v. Tax Comm'n, supra, 302 U.S. 210, 58 S.Ct. 245, 82 L.Ed. 187. Although Arkansas has, by § 5647, Pope's Digest, conferred on Congress power to pass laws, civil and criminal, for the administration and control of lands acquired by the United States in Arkansas, it has ceded exclusive legislative jurisdiction neither over lands reserved by the United States from the public domain nor over lands acquired in the state. Ft. Leavenworth R. Co. v. Lowe, supra, 114 U.S. 530, 531, 5 S.Ct. 998, 999, 29 L.Ed. 264. It follows that the state has retained its legislative jurisdiction, which it acquired by statehood, over public lands within the state, which have been included within the forest reserve.</p>\n </div>\n <div class=\"num\" id=\"p26\">\n <span class=\"num\">26</span>\n <p class=\"indent\">We conclude that the state has legislative jurisdiction over the federal forest reserve lands located within it, wheth r they were originally a part of the public domain of the United States, or were acquired by the United States by purchase, and that the tax assessed against plaintiffs is not subject to any constitutional infirmity, or to any want of taxing jurisdiction of the state to lay it with respect to transactions on the federal forest reserve located within the state.</p>\n </div>\n <div class=\"num\" id=\"p27\">\n <span class=\"num\">27</span>\n <p class=\"indent\">The judgment is reversed insofar as it adjudged plaintiffs not liable for the tax on severance of timber from lands held by the United States as original owner, and the cause is remanded to the Supreme Court of Arkansas for further proceedings not inconsistent with this opinion. In all other respects the judgment is affirmed. On the remand the state courts will be free, so far as their own practice allows, to determine any state questions here involved and any federal questions not already decided by this opinion. Compare Schuylkill Trust Co. v. Pennsylvania, 302 U.S. 506, 58 S.Ct. 295, 82 L.Ed. 392, with Schuylkill Trust Co. v. Pennsylvania, 296 U.S. 113, 56 S.Ct. 31, 80 L.Ed. 91.</p>\n </div>\n <div class=\"num\" id=\"p28\">\n <span class=\"num\">28</span>\n <p class=\"indent\">So ordered.</p>\n </div>\n <div class=\"num\" id=\"p29\">\n <span class=\"num\">29</span>\n <p class=\"indent\">Reversed in part and affirmed in part and cause remanded with directions.</p>\n </div>\n <div class=\"num\" id=\"p30\">\n <span class=\"num\">30</span>\n <p class=\"indent\">Mr. Justice DOUGLAS concurs in the result.</p>\n </div>\n <div class=\"num\" id=\"p31\">\n <span class=\"num\">31</span>\n <p class=\"indent\">Mr. Justice JACKSON took no part in the consideration or decision of these cases.</p>\n </div>\n <div class=\"num\" id=\"p32\">\n <span class=\"num\">32</span>\n <p class=\"indent\">Mr. Justice RUTLEDGE, dissenting.</p>\n </div>\n <div class=\"num\" id=\"p33\">\n <span class=\"num\">33</span>\n <p class=\"indent\">In No. 328 the Court sustains the application of the Arkansas severance tax to the appellants.<a class=\"footnote\" href=\"#fn1\" id=\"fn1_ref\">1</a> In my judgment the cause should be remanded to the state court for it to determine the applicability of the lien and collection provisions to the United States, or their severability, and in the light of that determination to ascertain the constitutional validity of the tax as applied to appellants. Those issues are inescapable on the record in this case. For until they are determined any decision here can affect only a tax of uncertain incidence, unless the Court in sustaining it means to rule, as I think the Arkansas court ruled, that the tax is valid whether or not the statute's lien and collection provisions<a class=\"footnote\" href=\"#fn2\" id=\"fn2_ref\">2</a> apply to the United States as owner of the land and the severed timber.</p>\n </div>\n <div class=\"num\" id=\"p34\">\n <span class=\"num\">34</span>\n <p class=\"indent\">Neither course is properly open to us. Since the Arkansas court, as this Court's opinion does not dispute, has sustained the tax without deciding whether the lien and collection provisions are severable and inapplicable to the United States, we are completely at loss to know whether the tax rests ultimately upon the Government, as it does under Arkansas law on all other owners not expressly exempted. Consequently we have no determinable issue, but only a speculative inquiry of a sort beyond the tradition and, in my opinion, the jurisdiction of this Court to decide. On the other hand, if the effect of the decision here, as in the Arkansas court, is to sustain the tax regardless of whether the lie and collection provisions apply in whole or in part to the United States, the result is substantially to sustain a tax laid by the state directly on the Government. This result is as unacceptable as to render an advisory opinion upon the validity of a tax of uncertain and speculative application.</p>\n </div>\n <div class=\"num\" id=\"p35\">\n <span class=\"num\">35</span>\n <p class=\"indent\">From McCulloch v. Maryland, 4 Wheat. 316, 4 L.Ed. 579, to now the rule has remained that the states are without power, absent the consent of Congress, to tax the United States, whether with reference to its property or its functions. United States v. Allegheny County, 322 U.S. 174, 177, 64 S.Ct. 908, 911, 88 L.Ed. 1209. That rule is of the essence of federal supremacy. It is not to be chipped away by ambiguous decisions of state courts or easy assumptions relating to their effects which ignore the direct impact of state taxes where they have no right to strike.</p>\n </div>\n <div class=\"num\" id=\"p36\">\n <span class=\"num\">36</span>\n <p class=\"indent\">This is true regardless of the vagaries of decision, at different periods, in allowing expansion of the Government's immunity to include others. Recent recessions from former broad extensions of this kind have settled that ultimate economic incidence upon the Government of a state tax laid upon others is not alone enough to invalidate the tax. James v. Dravo Contracting Co., 302 U.S. 134, 58 S.Ct. 208, 82 L.Ed. 155, 114 A.L.R. 318; State of Alabama v. King & Boozer, 314 U.S. 1, 62 S.Ct. 43, 86 L.Ed. 3, 140 A.L.R. 615; see Penn Dairies v. Milk Control Comm. 318 U.S. 261, 269, 63 S.Ct. 617, 621, 87 L.Ed. 748.<a class=\"footnote\" href=\"#fn3\" id=\"fn3_ref\">3</a> But this does not mean either that such incidence of the tax is irrelevant to its validity or that all state taxes purporting to be laid upon others but in fact reaching the Government are valid.</p>\n </div>\n <div class=\"num\" id=\"p37\">\n <span class=\"num\">37</span>\n <p class=\"indent\">It is still true that 'the taxpayer is the person ultimately liable for the tax itself.' Colorado Nat. Bank v. Bedford, 310 U.S. 41, 52, 60 S.Ct. 800, 805, 84 L.Ed. 1067; Federal Land Bank v. Bismarck Lbr. Co., 314 U.S. 95, 62 S.Ct. 1, 86 L.Ed. 65. If the person who must pay the tax in the first place is required by the taxing statute to collect the tax or an equivalent amount from the United States, the tax is upon the United States. 'State law could not obligate the Central Government to reimburse for a valid tax, much less for an invalid one.' United States v. Allegheny County, 322 U.S. 174, 189, 64 S.Ct. 908, 916, 88 L.Ed. 1209. Although the Court has gone far in permitting the states to force one private person to act as tax collector for another, cf. Monamotor Oil Co. v. Johnson, 292 U.S. 86, 54 S.Ct. 575, 78 L.Ed. 1141; Felt & Tarrant Mfg. Co. v. Gallagher, 306 U.S. 62, 59 S.Ct. 376, 83 L.Ed. 488; General Trading Co. v. State Tax Comm., 322 U.S. 335, 349, 64 S.Ct. 1028, 1030, 88 L.Ed. 1309, 1319, and dissenting opinion at 339, that device cannot be utilized by the states to lay taxes on the United States. Nor has it been held heretofore, if it is now, that a tax purporting to be laid upon a private individual or concern is valid regardless of whether the provisions of the state taxing statute for passing on the tax to another are applicable to the United States or are valid if so applied.</p>\n </div>\n <div class=\"num\" id=\"p38\">\n <span class=\"num\">38</span>\n <p class=\"indent\">I am unable to comprehend the effect of the Court's decision. If it is ruling sub silentio or ex hypothesi that the lien and collection provisions of the Arkansas statute, for any application to the Government, are inapplicable or severable, we have no right to make such a decision. That is the business of the Arkansas courts. If the ruling is that the tax is valid even though those provisions are applicable to the United States, then for the first time the Court is overruling the basis principle of McCulloch v. Maryland. If the decision is, finally, that the tax is valid whether or not the lien and collection provisions are applicable or severable, then it embodies both faults.</p>\n </div>\n <div class=\"num\" id=\"p39\">\n <span class=\"num\">39</span>\n <p class=\"indent\">I do not think the Court means to overrule McCulloch v. Maryland. Nor does it urport to interpret or determine the Arkansas law concerning either applicability or severability of the statute's provisions. But unless it is doing this, without so stating, I see no escape from the other horn of the dilemma. Either the tax as applied is valid or it is invalid. Whether it is valid or not depends on whether the lien and collection provisions apply to the United States, for they place the tax directly upon the owner. That issue is inescapable in this case, whether in the Arkansas court or here.</p>\n </div>\n <div class=\"num\" id=\"p40\">\n <span class=\"num\">40</span>\n <p class=\"indent\">I do not think the Arkansas court decided either that the lien and collection provisions are inapplicable to the United States or that they are severable from the remainder of the statute, notwithstanding it had those provisions before it, cited them though without ruling upon them, and proceeded to sustain the application of the tax to appellant. I think it clear that the court avoided making such a ruling. In my opinion the Arkansas decision in effect, though not in words, was that the tax is valid regardless of whether the enforcement provisions apply to the United States; which in effect was to rule that the tax had been constitutionally applied even though the collection provisions are applicable to the United States, to the extent at least of the withholding provisions.</p>\n </div>\n <div class=\"num\" id=\"p41\">\n <span class=\"num\">41</span>\n <p class=\"indent\">My reasons for this view are several. In the first place, the court's opinion, though noting the collection and lien provisions and the contract's term that title to the severed timber should remain in the Government 'until it has been paid for, and scaled, measured or counted,' does this in the introductory statement of the case and then proceeds through a lengthy discussion without again referring to those provisions.</p>\n </div>\n <div class=\"num\" id=\"p42\">\n <span class=\"num\">42</span>\n <p class=\"indent\">Moreover they provide plainly that where the severer is different from the owner, the former must pay the tax but he is required to pass it on to the owner.<a class=\"footnote\" href=\"#fn4\" id=\"fn4_ref\">4</a> A further provision requires him to withhold the amount of the tax from any money or severed property in kind due the owner under their contract.<a class=\"footnote\" href=\"#fn5\" id=\"fn5_ref\">5</a> Another section gives the state a lien on the severed resources for the tax and penalties.<a class=\"footnote\" href=\"#fn6\" id=\"fn6_ref\">6</a> The clear effect of the provisions requiring 'the reporting taxpayer' to 'collect or withhold' the amount of the tax from the owner is to give him a defense to the owner's action to recover the full contract price for the severed resources and an equally clear right of action against the owner for the amount of the tax.</p>\n </div>\n <div class=\"num\" id=\"p43\">\n <span class=\"num\">43</span>\n <p class=\"indent\">Thus the scheme of the tax is to place both its ultimate legal and its ultimate economic incidence on the owner. The tax in terms is 'due by the respective owners of such natural resources.'<a class=\"footnote\" href=\"#fn7\" id=\"fn7_ref\">7</a> It is 'a privilege tax or license tax; and is levied on the business of severing,' as the Arkansas court declared in this case. 187 S.W.2d 7, 12. But it is ultimately, as that court has also declared, though not expressly in this case, a privilege or license tax levied upon the owner's business of severing, for it applies to him whenever he severs or permits severance for sale; and 'sale' includes turning over the timber to one who clears the land as payment for the clearing, although his purpose in doing this is only to make the soil available for tilling.<a class=\"footnote\" href=\"#fn8\" id=\"fn8_ref\">8</a></p>\n </div>\n <div class=\"num\" id=\"p44\">\n <span class=\"num\">44</span>\n <p class=\"indent\">Moreover, as the Arkansas court did hold specifically in this case, the act contains only two exemptions, neither of which applies to the United States.<a class=\"footnote\" href=\"#fn9\" id=\"fn9_ref\">9</a> And on this ground, together with the maxim expressio unius, it ruled the act applicable to the severance of timber 'in all instances except the two exemptions mentioned.'<a class=\"footnote\" href=\"#fn10\" id=\"fn10_ref\">10</a></p>\n </div>\n <div class=\"num\" id=\"p45\">\n <span class=\"num\">45</span>\n <p class=\"indent\">That ruling, it seems to me, is expecially significant when it is considered not only in the light of the court's failure to make further reference to or ruling upon the collection provisions, but also in view of the Arkansas court's previous decisions. Thus, in Miller Lumber Co. v. Floyd, 169 Ark. 473, 480, 275 S.W. 741, 743 the court held: 'Where a landowner makes a contract with another person to cut and remove the timber from his land for sale or commercial purposes, the owner must pay the severance tax; for such contractor and his servants who actually sever the timber act for the owner in the premises, and their act of severing the timber is the act of the owner.'<a class=\"footnote\" href=\"#fn11\" id=\"fn11_ref\">11</a> (Emphasis added) No reference was made in this case to the Miller case. In the absence of one we cannot assume that the court intended to overrule that decision or to destroy its rationalization or universal applicability, except for the specific exemptions. Not only the opinion in this case, as much by its omissions as by what it expressly rules, but also the Arkansas court's prior decisions, give every ground for believing that it did not intend either to apply the tax differently in this case than in any other or to overrule its prior determinations of the ultimate nature, character and incidence of the tax.<a class=\"footnote\" href=\"#fn12\" id=\"fn12_ref\">12</a></p>\n </div>\n <div class=\"num\" id=\"p46\">\n <span class=\"num\">46</span>\n <p class=\"indent\">The majority seem to imply however that this may be exactly what was done; that perhaps the Arkansas court held that since the tax would be unconstitutional if, as the statute contemplates, it were directly placed upon the Government as owner, it would treat the tax as falling not on the Government but on the severer alone. As has been stated, nothing in that court's opinion suggests such a ruling. And if there was either a ruling or a sufficient suggestion of this sort, it would raise other serious questions, not considered by that court or here, concerning the validity of the tax. The effect of such a holding would seem to be to single out contractors with the Government for the imposition of a tax not placed on other severers. All other contractors, by the terms of the statute and the Arkansas decisions, would be required to pass the tax along to owners. Only contractors with the Government would not be allowed or required to do this. Thus to treat the tax as applicable only to the severer in this case, and the collection provisions affecting the owner as severable and inapplicable, would raise serious questions of discrimination, which neither the Arkansas court nor this court has considered and which appellants are entitled to have determined.</p>\n </div>\n <div class=\"num\" id=\"p47\">\n <span class=\"num\">47</span>\n <p class=\"indent\">It is true that they have not raised here any question of discriminatory enforcement. But this is because they had no reason to believe that the Arkansas court had applied, or would apply, the statute differently to them than to others or to anticipate the character of the ruling now made. It is doubtful, to say the least, that the Arkansas legislature could place a severance tax exclusively upon persons who sever resources from governmentally owned land. The same doubt would appl to the state court's effort to make the statute so effective, were it to undertake doing this. In my judgment it has not done so. Whether or not such an effort ultimately would be successful, appellants are entitled to be heard upon the question before that result is achieved. They should not be deprived of this opportunity through this Court's upholding of an ambiguously applicable statute or in advance of a decision by the only court which can remove the ambiguity. Because the Arkansas court has not passed upon applicability or severability of the collection provisions as they affect the owner, and because it has not determined the validity of the tax as applied in the light of such a determination, I think the couse should be remanded to it, so that the former questions may be authoritatively determined before we undertake to decide, upon the wholly speculative basis now presented, whether the tax as applied is valid.</p>\n </div>\n <div class=\"footnotes\">\n <div class=\"footnote\" id=\"fn-s\">\n <a class=\"footnote\" href=\"#fn-s_ref\">*</a>\n <p> Even if the opinion of the Supreme Court of Arkansas had proceeded on a ground so unexpected as to make timely, by petition for rehearing, the raising of the federal questions now for the first time advanced, compare Saunders v. Shaw, 244 U.S. 317, 37 S.Ct. 638, 61 L.Ed. 1163; State of Ohio v. Akron Metropolitan Park District, 281 U.S. 74, 79, 50 S.Ct. 228, 230, 74 L.Ed. 710, 66 A.L.R. 1460, plaintiffs in their petition for rehearing did not suggest them.</p>\n </div>\n <div class=\"footnote\" id=\"fn1\">\n <a class=\"footnote\" href=\"#fn1_ref\">1</a>\n <p> On the jurisdictional discussion of the Court the appellants are, of course, petitioners on certiorari.</p>\n </div>\n <div class=\"footnote\" id=\"fn2\">\n <a class=\"footnote\" href=\"#fn2_ref\">2</a>\n <p> Pope's Digest Ark.1937, §§ 13371—13395. The statute was first enacted in 1923. Acts of Arkansas 1923, Act 118. It was materially amended in 1929, but its essential scheme remained the same. Acts of Arkansas 1929, Act 283. See notes 4-6, 9-12, and text, for the substance and effects of the provisions.</p>\n <p>Although, as I read its opinion, the Arkansas court carefully refrained from ruling upon their severability and therefore also their applicability to the Government (see text infra), the lien and collection provisions were before it, were cited in the opinion, and were necessarily involved in the issues presented. The Court appears to have ruled that the tax is valid as applied to the appellants regardless of whether these provisions are severable or are applicable to the United States. That it did so furnishes no ground for believing that the issues relating to them were not presented or were waived. The petition for rehearing, as well as the opinion itself, demonstrates the contrary. The first ground set forth was: 'The Court erred in holding that the tax was not a direct tax on the United States.'</p>\n </div>\n <div class=\"footnote\" id=\"fn3\">\n <a class=\"footnote\" href=\"#fn3_ref\">3</a>\n <p> See Powell, The Waning of Intergovernmental Tax Immunities (1945) 58 Harv.L.Rev. 633; Powell, The Remnant of Intergovernmental Tax Immunities (1945) 58 Harv.L.Rev. 757.</p>\n </div>\n <div class=\"footnote\" id=\"fn4\">\n <a class=\"footnote\" href=\"#fn4_ref\">4</a>\n <p> Pope's Digest Ark. § 13382 provides: 'The reporting taxpayer shall collect or withhold out of the proceeds of the sale of the products severed the proportionate parts of the total tax due by the respective owners of such natural resources at the time of severance.' (Emphasis added.)</p>\n </div>\n <div class=\"footnote\" id=\"fn5\">\n <a class=\"footnote\" href=\"#fn5_ref\">5</a>\n <p> The provision reads: 'Every producer actually operating any oil or gas well, quarry or other property from which natural resources are severed, under contract or agreement requiring payment direct to the owners of any royalty, excess royalty or working interest, either in money or in kind, is hereby authorized, empowered and required to deduct from any such royalty or other interest the amount of the severance tax herein levied before making such payment.' Pope's Digest Ark. § 13382. (Emphasis added.)</p>\n <p>'Producer' is defined as every person, firm, corporation or association of persons 'engaged in the business of mining, cutting or otherwise severing from the soil or water for commercial purposes natural resources, including minerals and ores, pearls, diamonds, and other precious stones, bauxite, fuller's earth, phosphates, shells, chalk, cement, clay, sand, gravel, asphalt, ochre, oil, gas, salt, sulphur, lignite, coal, marble, stones and stone products, timber, turpentine, and all other forest products and all other natural products of the soil or water of Arkansas.' Pope's Digest Ark. § 13371.</p>\n </div>\n <div class=\"footnote\" id=\"fn6\">\n <a class=\"footnote\" href=\"#fn6_ref\">6</a>\n <p> Pope's Digest Ark. § 13376: 'The State of Arkansas shall have a lien upon any and all natural resources severed from the soil or water for the tax and penalties herein imposed and, in addition thereto, said lien shall attach to the well, machinery, tools and implements used in severing of such resources.'</p>\n <p>As the section was enacted originally in 1923 the provision for attachment of the lien to machinery, etc., used in severing was not included. This was added by amendment in 1929. Cf. note 2.</p>\n </div>\n <div class=\"footnote\" id=\"fn7\">\n <a class=\"footnote\" href=\"#fn7_ref\">7</a>\n <p> See note 4.</p>\n </div>\n <div class=\"footnote\" id=\"fn8\">\n <a class=\"footnote\" href=\"#fn8_ref\">8</a>\n <p> See note 11.</p>\n </div>\n <div class=\"footnote\" id=\"fn9\">\n <a class=\"footnote\" href=\"#fn9_ref\">9</a>\n <p> One was for the individual owner who occasionally severs in order to build or repair improvements on the premises or for his own use and another for the 'producer of switch ties' who hews them out entirely by hand. Ark., 187 S.W.2d 7, 10.</p>\n </div>\n <div class=\"footnote\" id=\"fn10\">\n <a class=\"footnote\" href=\"#fn10_ref\">10</a>\n <p> The decision held the tax invalid as applied to the severance from lands held by the United States as original owner, though not as to those purchased with the state's consent.</p>\n </div>\n <div class=\"footnote\" id=\"fn11\">\n <a class=\"footnote\" href=\"#fn11_ref\">11</a>\n <p> The effect of the quoted statement is emphasized by its context, in part as follows: 'It is apparent then that the owner of lands, who cuts down trees for the purpose of building fences or repairing and constructing houses and other improvements on the land from the timber thus severed from the soil, is exempted from paying the tax. It is equally evident that, when the timber severed from the soil is sold, it falls within the terms of the act, and the tax must be paid by someone. To illustrate: If the owner of timber lands desired to sever it for the purpose of clearing the land and putting it in cultivation and hired other persons to sever the timber for him, he would be required to pay the severance tax. If the owner should lease his land to another person for a designated number of years, in order to have his lessee clear the land and put it in cultivation,</p>\n <p>and if the consideration for the lease in whole or in part was that the lessee should have the timber so removed from the land, the severance tax would have to be paid by such lessee. It will be noted that the language of the act is specific on this subject, and provides that the severer or producer, as he is called, shall pay the tax. The act is very broad and comprehensive, and is levied upon all persons engaged in severing the timber from the soil for sale or commercial purposes, regardless of the purpose for which it is done. The only exception is that the tax shall not be paid where the timb r severed is actually used in erecting or repairing structures and other improvements on the land. The application of the timber in part payment for clearing the land is a severing of it for commercial purposes, although the primary purpose of severing it is to enable the land to be put in cultivation. Where a landowner makes a contract with another person to cut and remove the timber from his land for sale or commercial purposes, the owner must pay the severance tax; for such contractor and his servants who actually sever the timber act for the owner in the premises, and their act of severing the timber is the act of the owner.'</p>\n <p>In a previous appeal in the same case, 160 Ark. 17, 254 S.W. 450, 32 A.L.R. 811, the court had sustained the act as constitutional on the theory that it was a privilege tax and not a property tax.</p>\n </div>\n <div class=\"footnote\" id=\"fn12\">\n <a class=\"footnote\" href=\"#fn12_ref\">12</a>\n <p> This view is sustained also by the court's expressed view that 'Imposition of the tax here does not in any sense interfere with the Government's business.' Ark., 187 S.W.2d 7, 12, the statement could mean that the tax would not be applied to the Government as to other owners, in which event a severance of the collection provisions would be implied. That it does not have this meaning is evidenced, I think, by the court's reliance on James v. Dravo Contracting Co., supra, where quite different statutory provisions were in question. The court's misapplication of the Dravo case was, I think, but a reflection of its implicit idea that the tax would be valid since it was collected immediately from the appellants, even though they might pass on its economic burden to the Government, without regard to how that might be done.</p>\n </div>\n </div>\n ",
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{"other_information": "Keep all appointments with your doctor.Do not let anyone else take your medication. Ask your pharmacist any questions you have about refilling your prescription.It is important for you to keep a written list of all of the prescription and nonprescription (over-the-counter) medicines you are taking, as well as any products such as vitamins, minerals, or other dietary supplements. You should bring this list with you each time you visit a doctor or if you are admitted to a hospital. It is also important information to carry with you in case of emergencies.", "other_uses": "This medication may be prescribed for other uses; ask your doctor or pharmacist for more information.", "if_i_forget": "Take the missed dose as soon as you remember it. However, if it is almost time for the next dose, skip the missed dose and continue your regular dosing schedule. Do not take a double dose to make up for a missed one.", "special_dietary": "Unless your doctor tells you otherwise, continue your normal diet.", "overdose": "In case of overdose, call your local poison control center at 1-800-222-1222. If the victim has collapsed or is not breathing, call local emergency services at 911.", "precautions": "Before taking varenicline,tell your doctor and pharmacist if you are allergic to varenicline or any other medications.tell your doctor and pharmacist what other prescription and nonprescription medications, vitamins, nutritional supplements, and herbal products you are taking or plan to take. Be sure to mention any of the following: anticoagulants (''blood thinners'') such as warfarin (Coumadin); insulin; other medications to help you stop smoking such as bupropion (Wellbutrin, Zyban) and nicotine gum, inhaler, lozenges, nasal spray, or skin patches; and theophylline (Theo-24). Your doctor may need to change the doses of some of your medications once you stop smoking.tell your doctor if you have ever had withdrawal symptoms when you tried to quit smoking in the past and if you have or have ever had heart, blood vessel, or kidney diseasetell your doctor if you are pregnant, plan to become pregnant, or are breast-feeding. If you become pregnant while taking varenicline, call your doctor.you should know that varenicline may make you drowsy, dizzy, lose consciousness, or have difficulty concentrating. There have been reports of traffic accidents, near-miss accidents, and other types of injuries in people who were taking varenicline. Do not drive a car or operate machinery until you know how this medication affects you.ask your doctor for advice and for written information to help you stop smoking. You are more likely to stop smoking during your treatment with varenicline if you get information and support from your doctor.", "why": "Varenicline is used along with education and counseling to help people stop smoking. Varenicline is in a class of medications called smoking cessation aids. It works by blocking the pleasant effects of nicotine (from smoking) on the brain.", "storage_conditions": "Keep this medication in the container it came in, tightly closed, and out of reach of children. Store it at room temperature and away from excess heat and moisture (not in the bathroom).Unneeded medications should be disposed of in special ways to ensure that pets, children, and other people cannot consume them. However, you should not flush this medication down the toilet. Instead, the best way to dispose of your medication is through a medicine take-back program. Talk to your pharmacist or contact your local garbage/recycling department to learn about take-back programs in your community. See the FDA's Safe Disposal of Medicines website (http://goo.gl/c4Rm4p) for more information if you do not have access to a take-back program.", "title": "Varenicline", "side_effects": "Varenicline may cause side effects. Tell your doctor if any of these symptoms are severe or do not go away:\r \r nauseaconstipationgasvomitingheartburnbad taste in the mouthincreased or decreased appetitetrouble falling asleep or staying asleepunusual dreams or nightmaresheadacheSome side effects can be serious. If you experience any of these symptoms or those listed in the IMPORTANT WARNING or SPECIAL PRECAUTIONS sections, stop taking varenicline and get medical help immediately:\r \r swelling of the face, throat, tongue, lips, gums, eyes, neck, hands, arms, feet, ankles, or lower legshoarsenessdifficulty swallowing or breathingrashswollen, red, peeling, or blistering skinblisters in the mouthpain, squeezing, or pressure in the chestpain or discomfort in one or both arms, back, neck, jaw, or stomachdifficulty in moving your arms or legsshortness of breathsweatingnausea, vomiting, or lightheadednessslow or difficult speechsudden weakness or numbness of an arm or leg, especially on one side of the bodycalf pain while walkingIn clinical studies, people who took varenicline were more likely to have a heart attack, a stroke, or other serious problems with their heart or blood vessels than people who did not receive this medication. However, people who smoke also have a higher risk of developing these problems. Talk to your doctor about the risks and benefits of taking varenicline, especially if you have or ever had heart or blood vessel disease.Varenicline may cause other side effects. Call your doctor if you have any unusual problems while taking this medication.If you experience a serious side effect, you or your doctor may send a report to the Food and Drug Administration's (FDA) MedWatch Adverse Event Reporting program online (http://www.fda.gov/Safety/MedWatch) or by phone (1-800-332-1088).", "how": "Varenicline comes as a tablet to take by mouth. It is usually taken once or twice a day with a full glass of water (8 ounces [240 mL]) after eating. Take varenicline at around the same time(s) every day. If you are taking varenicline twice a day, take one dose in the morning and one dose in the evening. Follow the directions on your prescription label carefully, and ask your doctor or pharmacist to explain any part you do not understand. Take varenicline exactly as directed. Do not take more or less of it or take it more often than prescribed by your doctor.Your doctor will probably start you on a low dose of varenicline and gradually increase your dose over the first week of treatment.Set a quit date to stop smoking, and start taking varenicline 1 week before that date. You may continue to smoke during this first week of varenicline treatment, but make sure to try to stop smoking on the quit date you have chosen. Alternatively, you may start taking varenicline and then quit smoking between 8 and 35 days after starting treatment with varenicline.It may take several weeks for you to feel the full benefit of varenicline. You may slip and smoke during your treatment. If this happens, you may still be able to stop smoking. Continue to take varenicline and to try not to smoke.You will probably take varenicline for 12 weeks. If you have completely stopped smoking at the end of 12 weeks, your doctor may tell you to take varenicline for another 12 weeks. This may help keep you from starting to smoke again.If you have not stopped smoking at the end of 12 weeks, talk to your doctor. Your doctor can try to help you understand why you were not able to stop smoking and make plans to try to quit again."} |
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{"id": "35966569", "header": "Siêu sao Ronaldo tỏa sáng, Juventus vẫn phải dừng cuộc chơi", "datetime": "2020-08-08T11:48:03.000+07:00", "summary": "Siêu sao Cristiano Ronaldo bừng sáng với cú đúp giúp đội nhà thắng Lyon 2-1 ở lượt về vòng 1/8 Champions League, nhưng Juventus vẫn bị loại bởi luật bàn thắng sân nhà sân khách.", "content": "Để thua 0-1 trên đất Pháp ở trận lượt đi, khiến các cầu thủ Juventus bước vào trận đấu với áp lực tâm lý nặng nề, vừa phải ghi bàn đồng thời phải giữ sạch lưới.Thế nhưng, kế hoạch của họ sớm phá sản khi ở ngay phút 12 họ chịu quả 11m \"hàm oan\". Trọng tài xác định Rodrigo Bentancur truy cản trái phép với Houssem Aouar của đội khách. Tuy nhiên, pha quay chậm sau đó cho thấy tiền vệ Juventus dường như đã xoạc trúng bóng.Trên chấm đá phạt 11 mét, ngôi sao Memphis Depay đánh bại thủ thành Szczesny mở tỷ số trận đấu, và đây cũng là bàn thắng thứ 6 của ngôi sao người Hà Lan cho Lyon tại đấu trường Champions League mùa này.Trở lại sau khi nghỉ gần nửa năm dưỡng thương, Depay là một trong những cầu thủ chơi hay nhất nhất bên phía Lyon, bên cạnh Toko-Ekambi và Aouar. Sự cơ động của bộ ba Depay- Ekambi – Aouar giúp đại diện nước Pháp tạo ra nhiều đường phản công sắc nét trong hiệp đầu.Trái lại, Khó khăn chồng chất khó khăn với đại diện Serie A, bởi theo luật bàn thắng sân nhà sân khách, nếu muốn đi tiếp họ buộc phải đánh bại đối thủ cách biệt với 2 bàn.Tuy nhiên, Juventus dường như có dấu hiệu xuống tinh thần sau quả penalty gây tranh cãi nên chơi khá rời rạc sau đó.Hi vọng chỉ được nhen nhóm với nhà đương kim vô địch Serie A khi những phút cuối hiệp thi đấu thứ nhất họ được trọng tài \"bù đắp sai lầm\" gây ra trước đó.Miralem Pjanic sút phạt đưa bóng sượt qua tay Depay trong vòng cấm và dù ngôi sao người Hà Lan đã khép tay kín người nhưng trọng tài vẫn cho Juventus được hưởng phạt đền.Trong tình huống mặt đối mặt, siêu sao Ronaldo đã không mắc sai lầm nào đánh bại thủ thành Lopes đưa trận đấu về vạch xuất phát ở phút 43.Bước sang hiệp hai, dù lối chơi vẫn thiếu gắn kết, song Juventus vẫn tạo ra sự khác biệt nhờ màn tỏa sáng cá nhân của Ronaldo.Cú sút xa bằng chân trái ở phút 60 của ngôi sao người Bồ Đào Nha đưa bóng găm vào góc cao, loại bỏ thủ thành đồng hương Anthony Lopes, đưa Juventus vượt lên dẫn trước 2-1. Đây cũng là bàn thắng thứ 36 trong một mùa giải của cựu ngôi sao Man Utd.Chỉ cần thêm 1 bàn thắng nữa Juventus sẽ giành quyền đi tiếp. \"được ăn cả ngã về không\" những phút tiếp theo HLV Maurizio Sarri tung cả Paulo Dybala và Aaron Ramsey vào sân.Tuy nhiên, Lyon cũng thi đấu khôn ngoan, thậm chí là \"chiêu trò\" để làm giảm sự hưng phấn của đối thủ, khiến cho chủ nhà không có thêm cơ hội rõ rệt để định đoạt trận đấu.Giành thắng 2-1 ở lượt về để cân bằng tổng tỷ số 2-2, nhưng Ronaldo và các đồng đội vẫn cay đắng bị loại bởi luật bàn thắng sân khách.Ở trận tứ kết Champions League 2019/20, Lyon sẽ gặp Man City, đội cũng vừa loại Real Madrid trong trận đấu cùng giờ. Szczesny, Cuadrado (Danilo 70), de Ligt, Bonucci, Sandro, Bentancur, Pjanic (Ramsey 60), Rabiot, Bernadeschi (Dybala 70, Olivieri 84), Higuain, RonaldoDự bị không sử dụng: Buffon, Pinsoglio, Chiellini, Rugani, Demiral, Matuidi, Muratore Lopes, Dubois (Tete 90+1), Denayer (Andersen 61), Marcelo, Marcal, Cornet, Caqueret, Guimaraes, Aouar (Mendes 90+1), Depay (Dembele 67), Toko-Ekambi (Reine-Adelaide 67)Ghi bàn: Ronaldo (pen) 43', 60' - Depay (pen) 12'. ", "topic": "Thể thao", "tag": ["Lyon", "Juventus", "Ronaldo", "Siêu sao", "Champions league", "Cuộc chơi", "Bừng", "Cú đúp", "Tỏa sáng", "Cristiano Ronaldo", "Sân khách", "Hàm oan", "Houssem Aouar", "Lượt về", "Bị loại", "Rodrigo Bentancur", "Người Hà Lan", "Memphis Depay", "Chấm 11m", "Luật"], "link": "https://giaoducthoidai.vn/sieu-sao-ronaldo-toa-sang-juventus-van-phai-dung-cuoc-choi-1596855234276.html"} |
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"html_lawbox": "<div>\n<center><b>73 U.S. 1 (____)</b></center>\n<center><b>6 Wall. 1</b></center>\n<center><h1>MAURAN<br>\nv.<br>\nINSURANCE COMPANY.</h1></center>\n<center><p><b>Supreme Court of United States.</b></p></center>\n<center></center>\n<p><span class=\"star-pagination\">*2</span> Mr. Cushing (who submitted with his own, a learned brief of Messrs. R.H. Dana, Jr., and Horace Gray, Jr., in the case of another vessel before the Supreme Court of Maine), for the plaintiff in error.</p>\n<p>Messrs. B.R. Curtis and Storrow, contra.</p>\n<p><span class=\"star-pagination\">*9</span> Mr. Justice NELSON delivered the opinion of the court.</p>\n<p>The question in the case is, whether this taking of the <span class=\"star-pagination\">*10</span> vessel by the naval forces of the so-called Confederate States was a capture within the warranty of the assured in the margin of the policy? If it was, then the loss is not one of the perils insured against, as the assured, in express terms, had assumed it upon himself.</p>\n<p>A capture, as defined by some of the most eminent writers on insurance within the policy, is a taking by the enemy of vessel or cargo as prize, in time of open war, or, by way of reprisal, with intent to deprive the owner of it. This was probably the primary or original idea attached to the term in these instruments. Losses of ships and cargo engaged in commerce by the public enemy were the most to be apprehended and provided against. But usage, and the course of decisions by the courts, have very much widened this meaning, and it now may embrace the taking of a neutral ship and cargo by a belligerent jure belli; also, the taking forcibly by a friendly power, in time of peace, and even by the government itself to which the assured belongs.<sup>[*]</sup></p>\n<p>Capture is deemed lawful when made by a declared enemy, lawfully commissioned, and according to the laws of war, and unlawful when made otherwise; but, whether lawful or unlawful, the underwriter is liable; the words of the policy being broad enough, and intended to be broad enough, to include every species of capture to which ships or cargo, at sea, may be exposed. Any other rule would furnish but a very imperfect indemnity to the assured if we regard either the character of these seizures and the irregularities attending them, or the trouble, expense, and delay consequent upon the duty or burden of proving in a court of justice the unlawfulness of the act. It is never, therefore, a question between the insurer and the insured whether the capture be lawful or not. The recent case of Powell v. Hyde<sup>[\u0086]</sup> is very decisive on this point. In that case a British ship passing <span class=\"star-pagination\">*11</span> down the Danube was fired upon from a Russian fort and sunk. A war existed between Russia and Turkey, but none between the former and Great Britain. The policy of insurance in that case contained the warranty of the assured \"free from capture, seizure,\" &c., upon which the underwriters relied, as here, for a defence. In answer to this it was urged for the assured that these words in the warranty related to a lawful capture or seizure, by a party having authority to make it, and that, inasmuch as the capture was in open violation of law and wholly illegal, it was not within the warranty, and the underwriters were, therefore, liable. But the court held otherwise, and determined that this term in the warranty was not confined to lawful capture, but included any capture, in consequence of which the ship was lost to the insured. This same principle was again deliberately asserted by the court in Kleinworth v. Shepherd.<sup>[*]</sup> The same question had been decided many years before by Lord Mansfield in Berens v. Rucker,<sup>[\u0086]</sup> in which he held the insurer liable in case of an illegal capture of a neutral vessel by an English privateer. Chancellor Kent states the rule as follows: \"Every species of capture, whether lawful or unlawful, and whether by friends or enemies, is also a loss within the policy.\"<sup>[\u0087]</sup> As kindred to this rule is another, that the insurer is liable for a loss by capture, whether the property in the thing insured be changed by the capture or not. In every case of an illegal capture the property is not changed, yet as between the insurer and the insured, the effect is the same as in case of a capture by an enemy in open war.</p>\n<p>In the case of a capture under a commission from an organized government, against an enemy, jure belli, to bring the capture within the policy, it is not necessary that the commission should issue from a perfectly lawful government any more than that the capture itself should be lawful. The principle is the same. An illustration will be found in the <span class=\"star-pagination\">*12</span> war between Spain and her revolted colonies in South America, which continued for many years. Our government was the first to recognize their independence, which was in 1822; but even down till this event, from the time the revolt had reached the dimensions of a civil war, the government had recognized the war, and conceded equal belligerent rights to the respective parties; and the capture of the vessels of Spain by a commander under a commission by one of the colonies in the exercise of this right, was recognized as legal as if it had occurred in open public war, and, as a matter of course, would have been within the marginal warranty clause of the insured in a policy of insurance. Indeed it has been so held. It will be observed that at this time these colonies had not achieved their independence; they were yet in the heat of the conflict; nor had they been recognized by any of the established governments on either continent as belonging to the family of nations. In this connection it will not be inappropriate to refer to the case of United States v. Palmer,<sup>[*]</sup> which was an indictment against the defendant for piracy in the capture of a Spanish vessel under a commission from one of these colonies, and which he set up as a defence. One of the questions certified from the circuit was, whether the seal annexed to the commission purporting to be a public seal used by persons exercising the powers of government in a foreign colony, which had revolted from its allegiance and declared itself independent, but had never been acknowledged as such by the United States, was admissible in a court of the United States as proof of its legal existence with or without proof of its genuineness. The court held that the seal of such unacknowledged government could not be permitted to prove itself, but that it might be proved by such testimony as the nature of the case would admit. The defendant was permitted, also, to prove that he was employed in the service of the colony at the time of making the capture, and which, it was agreed, would constitute a defence to the indictment <span class=\"star-pagination\">*13</span> for piracy. The proof became necessary on account of the obscurity and unknown condition of this incipient state.</p>\n<p>Another illustration will be found in a capture by a de facto government, which government is defined to be one in possession of the supreme or sovereign power, but without right \u0097 a government by usurpation, founded perhaps in crime, and in the violation of every principle of international or municipal law, and of right and justice; yet, while it is thus organized, and in the exercise and control of the sovereign authority, there can be no question between the insurer and the insured as to the lawfulness of the government under whose commission the capture has been made. If any presumption could properly be indulged as to the perils against which the insured would most desire to protect himself, it might well be captures by these violent and irregularly constructed nationalities. The court in the case of Nesbitt v. Lushington,<sup>[*]</sup> fitly described the character of the government contemplated in the clause respecting the restraints, &c., of kings, princes, or people, namely: \"the ruling power of the country,\" \"the supreme power,\" \"the power of the country, whatever it might be,\" \u0097 not necessarily a lawful power or government, or one that had been adopted into the family of nations.</p>\n<p>Now, applying these principles to the case before us, it will be seen that the question is not whether this so-called Confederate government, under whose authority the capture was made, was a lawful government, but whether or not it was a government in fact, that is, one in the possession of the supreme power of the district of country over which its jurisdiction extended? We agree that all the proceedings of these eleven states, either severally or in conjunction, by means of which the existing governments were overthrown, and new governments erected in their stead, were wholly illegal and void, and that they remained after the attempted separation and change of government, in judgment of law, <span class=\"star-pagination\">*14</span> as completely under all their constitutional obligations as before.</p>\n<p>The Constitution of the United States, which is the fundamental law of each and all of them, not only afforded no countenance or authority for these proceedings, but they were, in every part of them, in express disregard and violation of it. Still, it cannot be denied but that by the use of these unlawful and unconstitutional means, a government, in fact, was erected greater in territory than many of the old governments in Europe, complete in the organization of all its parts, containing within its limits more than eleven millions of people, and of sufficient resources, in men and money, to carry on a civil war of unexampled dimensions; and during all which time the exercise of many belligerent rights were either conceded to it, or were acquiesced in by the supreme government, such as the treatment of captives, both on land and sea, as prisoners of war; the exchange of prisoners; their vessels captured recognized as prizes of war, and dealt with accordingly; their property seized on land referred to the judicial tribunals for adjudication; their ports blockaded, and the blockade maintained by a suitable force, and duly notified to neutral powers the same as in open and public war.</p>\n<p>We do not inquire whether these were rights conceded to the enemy by the laws of war among civilized nations, or were dictated by humanity to mitigate the vindictive passions growing out of a civil conflict. We refer to the conduct of the war as a matter of fact for the purpose of showing that the so-called Confederate States were in the possession of many of the highest attributes of government, sufficiently so to be regarded as the ruling or supreme power of the country, and hence captures under its commission were among those excepted out of the policy by the warranty of the insured.</p>\n<p>We could greatly extend the opinion upon this branch of the case by considerations in support of the above view, but the question has undergone very learned and able examinations in several of the State courts, deservedly of the highest <span class=\"star-pagination\">*15</span> eminence, and which have arrived at the same conclusion, and to which we refer as rendering further examination unnecessary.<sup>[*]</sup></p>\n<p>JUDGMENT AFFIRMED.</p>\n<p>Dissenting, the CHIEF JUSTICE and Mr. Justice SWAYNE.</p>\n<p>NOTE. At the same time with the preceding were argued and adjudged four other cases by the same plaintiff against other insurance companies, all four being adjudged in the same way as the one above reported. In two of them the policies and warranty were in the same language as in that case. In two others there was a difference in the marginal warranty of the insured in this, that while he warranted free from loss or expense by capture, &c., \"ordinary piracy\" was excepted, so that if the loss was on account of a capture or seizure by pirates, the insured would have been entitled to recover. But NELSON, J., giving the judgment of the court, observed that as the court had arrived at the conclusion that the capture of the vessel was under the authority of a quasi government, or government in fact (the ruling power of the country at that time), it was to be held to be within the warranty or exception in the marginal clause. Dissenting, the CHIEF JUSTICE and SWAYNE, J.</p>\n<h2>NOTES</h2>\n<p>[*] Phillips on Insurance, \u00a7\u00a7 1108-1109; Arnould on Same, 808, 814; 2 Marshall on Same, 495, 496, 507; Powell v. Hyde, 5 Ellis & Blackburne, 607.</p>\n<p>[\u0086] Already referred to; 5 Ellis & Blackburne, 607.</p>\n<p>[*] 1 Ellis & Ellis, 447.</p>\n<p>[\u0086] 1 Blackstone, 313.</p>\n<p>[\u0087] 3 Commentaries, 304-5.</p>\n<p>[*] 3 Wheaton, 610.</p>\n<p>[*] 4 Term, 763.</p>\n<p>[*] Dole v. New England Mutual Ins. Co., 6 Allen, 373; Fifield v. Ins. Co., 47 Pennsylvania State, 166; Dole v. Merchants' Marine Ins. Co., 51 Maine, 464</p>\n\n</div>",
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"html_with_citations": "<div>\n<center><b><span class=\"citation no-link\"><span class=\"volume\">73</span> <span class=\"reporter\">U.S.</span> <span class=\"page\">1</span></span> (____)</b></center>\n<center><b><span class=\"citation no-link\"><span class=\"volume\">6</span> <span class=\"reporter\">Wall.</span> <span class=\"page\">1</span></span></b></center>\n<center><h1>MAURAN<br>\nv.<br>\nINSURANCE COMPANY.</h1></center>\n<center><p><b>Supreme Court of United States.</b></p></center>\n<center></center>\n<p><span class=\"star-pagination\">*2</span> Mr. Cushing (who submitted with his own, a learned brief of Messrs. R.H. Dana, Jr., and Horace Gray, Jr., in the case of another vessel before the Supreme Court of Maine), for the plaintiff in error.</p>\n<p>Messrs. B.R. Curtis and Storrow, contra.</p>\n<p><span class=\"star-pagination\">*9</span> Mr. Justice NELSON delivered the opinion of the court.</p>\n<p>The question in the case is, whether this taking of the <span class=\"star-pagination\">*10</span> vessel by the naval forces of the so-called Confederate States was a capture within the warranty of the assured in the margin of the policy? If it was, then the loss is not one of the perils insured against, as the assured, in express terms, had assumed it upon himself.</p>\n<p>A capture, as defined by some of the most eminent writers on insurance within the policy, is a taking by the enemy of vessel or cargo as prize, in time of open war, or, by way of reprisal, with intent to deprive the owner of it. This was probably the primary or original idea attached to the term in these instruments. Losses of ships and cargo engaged in commerce by the public enemy were the most to be apprehended and provided against. But usage, and the course of decisions by the courts, have very much widened this meaning, and it now may embrace the taking of a neutral ship and cargo by a belligerent jure belli; also, the taking forcibly by a friendly power, in time of peace, and even by the government itself to which the assured belongs.<sup>[*]</sup></p>\n<p>Capture is deemed lawful when made by a declared enemy, lawfully commissioned, and according to the laws of war, and unlawful when made otherwise; but, whether lawful or unlawful, the underwriter is liable; the words of the policy being broad enough, and intended to be broad enough, to include every species of capture to which ships or cargo, at sea, may be exposed. Any other rule would furnish but a very imperfect indemnity to the assured if we regard either the character of these seizures and the irregularities attending them, or the trouble, expense, and delay consequent upon the duty or burden of proving in a court of justice the unlawfulness of the act. It is never, therefore, a question between the insurer and the insured whether the capture be lawful or not. The recent case of Powell v. Hyde<sup>[\u0086]</sup> is very decisive on this point. In that case a British ship passing <span class=\"star-pagination\">*11</span> down the Danube was fired upon from a Russian fort and sunk. A war existed between Russia and Turkey, but none between the former and Great Britain. The policy of insurance in that case contained the warranty of the assured \"free from capture, seizure,\" &c., upon which the underwriters relied, as here, for a defence. In answer to this it was urged for the assured that these words in the warranty related to a lawful capture or seizure, by a party having authority to make it, and that, inasmuch as the capture was in open violation of law and wholly illegal, it was not within the warranty, and the underwriters were, therefore, liable. But the court held otherwise, and determined that this term in the warranty was not confined to lawful capture, but included any capture, in consequence of which the ship was lost to the insured. This same principle was again deliberately asserted by the court in Kleinworth v. Shepherd.<sup>[*]</sup> The same question had been decided many years before by Lord Mansfield in Berens v. Rucker,<sup>[\u0086]</sup> in which he held the insurer liable in case of an illegal capture of a neutral vessel by an English privateer. Chancellor Kent states the rule as follows: \"Every species of capture, whether lawful or unlawful, and whether by friends or enemies, is also a loss within the policy.\"<sup>[\u0087]</sup> As kindred to this rule is another, that the insurer is liable for a loss by capture, whether the property in the thing insured be changed by the capture or not. In every case of an illegal capture the property is not changed, yet as between the insurer and the insured, the effect is the same as in case of a capture by an enemy in open war.</p>\n<p>In the case of a capture under a commission from an organized government, against an enemy, jure belli, to bring the capture within the policy, it is not necessary that the commission should issue from a perfectly lawful government any more than that the capture itself should be lawful. The principle is the same. An illustration will be found in the <span class=\"star-pagination\">*12</span> war between Spain and her revolted colonies in South America, which continued for many years. Our government was the first to recognize their independence, which was in 1822; but even down till this event, from the time the revolt had reached the dimensions of a civil war, the government had recognized the war, and conceded equal belligerent rights to the respective parties; and the capture of the vessels of Spain by a commander under a commission by one of the colonies in the exercise of this right, was recognized as legal as if it had occurred in open public war, and, as a matter of course, would have been within the marginal warranty clause of the insured in a policy of insurance. Indeed it has been so held. It will be observed that at this time these colonies had not achieved their independence; they were yet in the heat of the conflict; nor had they been recognized by any of the established governments on either continent as belonging to the family of nations. In this connection it will not be inappropriate to refer to the case of United States v. Palmer,<sup>[*]</sup> which was an indictment against the defendant for piracy in the capture of a Spanish vessel under a commission from one of these colonies, and which he set up as a defence. One of the questions certified from the circuit was, whether the seal annexed to the commission purporting to be a public seal used by persons exercising the powers of government in a foreign colony, which had revolted from its allegiance and declared itself independent, but had never been acknowledged as such by the United States, was admissible in a court of the United States as proof of its legal existence with or without proof of its genuineness. The court held that the seal of such unacknowledged government could not be permitted to prove itself, but that it might be proved by such testimony as the nature of the case would admit. The defendant was permitted, also, to prove that he was employed in the service of the colony at the time of making the capture, and which, it was agreed, would constitute a defence to the indictment <span class=\"star-pagination\">*13</span> for piracy. The proof became necessary on account of the obscurity and unknown condition of this incipient state.</p>\n<p>Another illustration will be found in a capture by a de facto government, which government is defined to be one in possession of the supreme or sovereign power, but without right \u0097 a government by usurpation, founded perhaps in crime, and in the violation of every principle of international or municipal law, and of right and justice; yet, while it is thus organized, and in the exercise and control of the sovereign authority, there can be no question between the insurer and the insured as to the lawfulness of the government under whose commission the capture has been made. If any presumption could properly be indulged as to the perils against which the insured would most desire to protect himself, it might well be captures by these violent and irregularly constructed nationalities. The court in the case of Nesbitt v. Lushington,<sup>[*]</sup> fitly described the character of the government contemplated in the clause respecting the restraints, &c., of kings, princes, or people, namely: \"the ruling power of the country,\" \"the supreme power,\" \"the power of the country, whatever it might be,\" \u0097 not necessarily a lawful power or government, or one that had been adopted into the family of nations.</p>\n<p>Now, applying these principles to the case before us, it will be seen that the question is not whether this so-called Confederate government, under whose authority the capture was made, was a lawful government, but whether or not it was a government in fact, that is, one in the possession of the supreme power of the district of country over which its jurisdiction extended? We agree that all the proceedings of these eleven states, either severally or in conjunction, by means of which the existing governments were overthrown, and new governments erected in their stead, were wholly illegal and void, and that they remained after the attempted separation and change of government, in judgment of law, <span class=\"star-pagination\">*14</span> as completely under all their constitutional obligations as before.</p>\n<p>The Constitution of the United States, which is the fundamental law of each and all of them, not only afforded no countenance or authority for these proceedings, but they were, in every part of them, in express disregard and violation of it. Still, it cannot be denied but that by the use of these unlawful and unconstitutional means, a government, in fact, was erected greater in territory than many of the old governments in Europe, complete in the organization of all its parts, containing within its limits more than eleven millions of people, and of sufficient resources, in men and money, to carry on a civil war of unexampled dimensions; and during all which time the exercise of many belligerent rights were either conceded to it, or were acquiesced in by the supreme government, such as the treatment of captives, both on land and sea, as prisoners of war; the exchange of prisoners; their vessels captured recognized as prizes of war, and dealt with accordingly; their property seized on land referred to the judicial tribunals for adjudication; their ports blockaded, and the blockade maintained by a suitable force, and duly notified to neutral powers the same as in open and public war.</p>\n<p>We do not inquire whether these were rights conceded to the enemy by the laws of war among civilized nations, or were dictated by humanity to mitigate the vindictive passions growing out of a civil conflict. We refer to the conduct of the war as a matter of fact for the purpose of showing that the so-called Confederate States were in the possession of many of the highest attributes of government, sufficiently so to be regarded as the ruling or supreme power of the country, and hence captures under its commission were among those excepted out of the policy by the warranty of the insured.</p>\n<p>We could greatly extend the opinion upon this branch of the case by considerations in support of the above view, but the question has undergone very learned and able examinations in several of the State courts, deservedly of the highest <span class=\"star-pagination\">*15</span> eminence, and which have arrived at the same conclusion, and to which we refer as rendering further examination unnecessary.<sup>[*]</sup></p>\n<p>JUDGMENT AFFIRMED.</p>\n<p>Dissenting, the CHIEF JUSTICE and Mr. Justice SWAYNE.</p>\n<p>NOTE. At the same time with the preceding were argued and adjudged four other cases by the same plaintiff against other insurance companies, all four being adjudged in the same way as the one above reported. In two of them the policies and warranty were in the same language as in that case. In two others there was a difference in the marginal warranty of the insured in this, that while he warranted free from loss or expense by capture, &c., \"ordinary piracy\" was excepted, so that if the loss was on account of a capture or seizure by pirates, the insured would have been entitled to recover. But NELSON, J., giving the judgment of the court, observed that as the court had arrived at the conclusion that the capture of the vessel was under the authority of a quasi government, or government in fact (the ruling power of the country at that time), it was to be held to be within the warranty or exception in the marginal clause. Dissenting, the CHIEF JUSTICE and SWAYNE, J.</p>\n<h2>NOTES</h2>\n<p>[*] Phillips on Insurance, \u00a7\u00a7 1108-1109; Arnould on Same, 808, 814; 2 Marshall on Same, 495, 496, 507; Powell v. Hyde, 5 Ellis & Blackburne, 607.</p>\n<p>[\u0086] Already referred to; 5 Ellis & Blackburne, 607.</p>\n<p>[*] 1 Ellis & Ellis, 447.</p>\n<p>[\u0086] 1 Blackstone, 313.</p>\n<p>[\u0087] 3 Commentaries, 304-5.</p>\n<p>[*] 3 Wheaton, 610.</p>\n<p>[*] 4 Term, 763.</p>\n<p>[*] Dole v. New England Mutual Ins. Co., 6 Allen, 373; Fifield v. Ins. Co., 47 Pennsylvania State, 166; Dole v. Merchants' Marine Ins. Co., 51 Maine, 464</p>\n\n</div>",
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"date_modified": "2014-12-21T01:25:47.535524",
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"html": "<p class=\"case_cite\">73 U.S. 1</p>\n <p class=\"case_cite\">18 L.Ed. 836</p>\n <p class=\"case_cite\">6 Wall. 1</p>\n <p class=\"parties\">MAURAN<br>v.<br>INSURANCE COMPANY.</p>\n <p class=\"date\">December Term, 1867</p>\n <div class=\"prelims\">\n <p class=\"indent\">ERROR to the Circuit Court for Massachusetts.</p>\n <p class=\"indent\">Mauran brought suit in that court against the Alliance Insurance Company on a policy of insurance upon the ship Marshall for one year from the 29th November, 1860, covering the sum of $8000. The insurance, as stipulated in the body of the policy, was 'against the adventures and perils of the seas, fire, enemies, <i>pirates, assailing thieves</i>, restraints, and detainments of all kings, princes, or people of what nation or quality soever.'</p>\n <p class=\"indent\">In the margin of the policy was the following:</p>\n <p class=\"indent\">'Warranted by the assured free from loss or expense arising from <i>capture</i>, seizure, or detention, or the consequences of any attempt thereat, any stipulations in this policy to the contrary notwithstanding.'</p>\n <p class=\"indent\">The vessel was seized on the afternoon of the 17th of May, 1861, two or three miles inside of the bar at the mouth of the Mississippi River, on her way up to New Orleans, by the officers and crew of the steamer Music, belonging to the so-called Confederate States. Some persons on board the steamer at the time of the seizure, hoisted the Confederate flag to the mast-head of the Marshall, and informed the captain and pilot that the ship was 'a prize to the Confederate States.' Verdict and judgment having been given in favor of the insurance company, the question here on error was, whether this taking of the vessel by the naval forces of the so-called Confederate States was a <i>capture</i> within the warranty of the assured in the margin of the policy? If it was, then the loss was not one of the perils insured against, and the judgment below was right.</p>\n <p class=\"indent\">\n <i>Mr. Cushing (who submitted with his own, a learned brief of Messrs. R. H. Dana, Jr., and Horace Gray, Jr., in the case of another vessel before the Supreme Court of Maine), for the plaintiff in error:</i>\n </p>\n <p class=\"indent\">If this loss was by 'assailing thieves' or 'pirates,' then the insurers are bound to pay; for undoubtedly a taking by assailing thieves or pirates does not operate to make in law a 'capture.' Rovers, thieves and pirates have always been treated as ordinary perils of the sea. Chancellor Kent<a class=\"footnote\" href=\"#fn1\" id=\"fn1_ref\">1</a> lays down the distinction in explicit terms:</p>\n <p class=\"indent\">'The enumerated perils of the sea, <i>pirates, rovers, thieves</i>, include the wrongful and violent acts of individuals, whether in the open character of felons, or in the character of a mob, or as a mutinous crew, or as plunderers of shipwrecked goods on shore. . . . But the stipulation of indemnity against <i>takings at sea, arrests, restraints, and detainments of all kings, princes, and people</i>, refers only to the acts of government for government purposes, whether right or wrong.'Other writers make the same classification.<a class=\"footnote\" href=\"#fn2\" id=\"fn2_ref\">2</a> 'Taking by pirates,' says Mr. Dane,<a class=\"footnote\" href=\"#fn3\" id=\"fn3_ref\">3</a> 'has none of the effects of legal capture.'</p>\n <p class=\"indent\">Now, can <i>this court</i>, a court of <i>the United States</i>, treat the persons who made the seizure here otherwise than as pirates or thieves? The political department of the government, it will be conceded, has never acknowledged the rebel confederation as a government <i>de facto</i>, any more than one <i>de jure</i>. On the contrary, it is matter of common knowledge that it has most scrupulously, and in every form, avoided doing so. As to their captures of ships, it has actually treated them as 'pirates.'</p>\n <p class=\"indent\">The Crimes Act of 1790<a class=\"footnote\" href=\"#fn4\" id=\"fn4_ref\">4</a> makes the taking of a vessel of the United States by rebels an act of piracy. It says:</p>\n <p class=\"indent\">'If <i>any citizen</i> shall commit any <i>piracy</i> or <i>robbery</i> aforesaid, or any act of hostility <i>against</i> the United States, or <i>any citizen thereof</i>, upon the high seas, <i>under color of</i> any commission from any foreign prince or state, or <i>any pretence of authority</i> from <i>any person, such offender shall, notwithstanding the pretence of any such authority</i>, be deemed, adjudged, and taken to be a pirate, felon, and robber; and on being thereof convicted, shall suffer death.'</p>\n <p class=\"indent\">In <i>United States</i> v. <i>Wiltberger</i>,<a class=\"footnote\" href=\"#fn5\" id=\"fn5_ref\">5</a> the court, <i>obiter</i>, says that the <i>sole</i> object of this statute was to reach a citizen of the United States who depredates on commerce of the United States <i>under color of a foreign commission</i>. The word 'foreign' here includes, of course, any government <i>other than the United States</i>, and especially a pretended government; and most especially a pretended government in rebellion against our own.</p>\n <p class=\"indent\">The definition of piracy by the law of nations is this:</p>\n <p class=\"indent\">'Depredating on the seas, without being authorized by any sovereign state, or with commissions from different sovereigns at war with each other.'<a class=\"footnote\" href=\"#fn6\" id=\"fn6_ref\">6</a></p>\n <p class=\"indent\">Of course, looking to all the conditions of the rebellion, cruising by rebels who are <i>as yet unacknowledged by anybody</i>, even as a <i>de facto</i> government, would be cruising <i>without being authorized by any sovereign</i>, and so would be piracy by the law of nations.<a class=\"footnote\" href=\"#fn7\" id=\"fn7_ref\">7</a></p>\n <p class=\"indent\">The proclamation of the President of the United States of April 19, 1861,<a class=\"footnote\" href=\"#fn8\" id=\"fn8_ref\">8</a> is explicit, as follows:</p>\n <p class=\"indent\">'And I hereby proclaim and declare, that if any person, under the pretended authority of said (Confederate) States, or under any other pretence, shall molest a vessel of the United States, or the persons or cargo on board of her, such person will be amenable to the laws of the United States for the prevention and punishment of piracy.'</p>\n <p class=\"indent\">This proclamation is fully justified by the section of the Crimes Act heretofore cited. It was in force at the time of the taking of the ship Marshall. Its applicability is recognized by successive acts of Congress,<a class=\"footnote\" href=\"#fn9\" id=\"fn9_ref\">9</a> and it was obligatory on every citizen of the United States; construing every contract made within the United States between citizens of the same.</p>\n <p class=\"indent\">How then can this court, a depository of the judicial power of the United States, recognize as a government of <i>any</i> kind, a confederation whose representatives the political department proclaims to be pirates, and who, as in the case of Smith, tried before GRIER, J.,<a class=\"footnote\" href=\"#fn10\" id=\"fn10_ref\">10</a> have been tried and convicted as such.</p>\n </div>\n <div class=\"num\" id=\"p1\">\n <span class=\"num\">1</span>\n <p class=\"indent\">In whatever light they may be to be looked on by the courts of foreign powers, certainly all cruisers, under the flag of whatever combination of persons, are, in all courts <i>of the United States</i>, to be regarded as pirates by the law of nations, unless such persons have been recognized by the Executive as lawful belligerents, and so a <i>de facto</i> government. That this is a true principle of law, this court decided on all the questions arising out of the Spanish-American Revolution, holding that if the captors represented a <i>de facto</i> authority <i>recognized by the Executive</i> of the United States, they were not pirates by the law of nations,<a class=\"footnote\" href=\"#fn11\" id=\"fn11_ref\">11</a> but that if not so recognized by the Executive, they were.<a class=\"footnote\" href=\"#fn12\" id=\"fn12_ref\">12</a> Indeed, on these public questions, courts must respect the acts of their own governments, whether herein those acts be reasonable or unreasonable, or even right or wrong. They cannot stultify their own counties.</p>\n </div>\n <div class=\"num\" id=\"p2\">\n <span class=\"num\">2</span>\n <p class=\"indent\">So also is the law of Great Britain. In a debate on a matter quite kindred to this one, Lord Chelmsford said:<a class=\"footnote\" href=\"#fn13\" id=\"fn13_ref\">13</a></p>\n </div>\n <div class=\"num\" id=\"p3\">\n <span class=\"num\">3</span>\n <p class=\"indent\">'If the Southern Confederacy had not been recognized by us as a belligerent power, he agreed with his noble and learned friend (Lord Brougham), that any Englishman aiding them by fitting out a privateer against the Federal government would be guilty of piracy.'</p>\n </div>\n <div class=\"num\" id=\"p4\">\n <span class=\"num\">4</span>\n <p class=\"indent\">The Lord Chancellor (Campbell) impliedly admitted this, in saying that an Englishman entering the Confederate service could not be deemed a pirate after the publishing of the Queen's proclamation recognizing the Southern States as 'entitled to the exercise of belligerent rights and carrying on what might be called a <i>justum bellum</i>.'</p>\n </div>\n <div class=\"num\" id=\"p5\">\n <span class=\"num\">5</span>\n <p class=\"indent\">In accordance with these views is the case of <i>Swinerton</i> v. <i>Columbian Insurance Company</i>, in the Superior Court of New York City. There a policy of insurance was made on a schooner against the usual perils, including 'pirates, rovers, thieves,' but 'warranted free from loss or expense arising from capture, seizure, or detention, or the consequences of any attempt thereat.' The vessel was lying at Norfolk, for repair, on the 21st of April, 1861, four days after the passage, by the State of Virginia, of her 'secession ordinance,' when a band of men came alongside of her with a steamboat, and professing to act by authority of the State of Virginia, without riot or tumult, towed her out into the channel, and there sunk her. The Superior Court, at first at <i>nisi prius</i>, and then <i>in banc</i>, held that the secession ordinance could not be admitted in evidence for the defence; and that the loss did not come within the exception, but was a loss by pirates, rovers, and thieves. So also in point is the case, before the Commercial Court, or Handelsgericht, of Bremen,<a class=\"footnote\" href=\"#fn14\" id=\"fn14_ref\">14</a> of the Harvest, captured by the Shenandoah, a rebel cruiser; where a similar decision was made, and supported by a learned opinion. It will be strange if foreign courts pay a respect to what is done by the political department of our government which the courts of our own country do not.</p>\n </div>\n <p class=\"indent\">\n <i>Messrs. B. R. Curtis and Storrow, contra:</i>\n </p>\n <div class=\"num\" id=\"p6\">\n <span class=\"num\">6</span>\n <p class=\"indent\">The policy uses the word 'pirates' in that simple and ordinary sense, in which it now is, and immemorially has been, known to the general commercial law of the civilized world; and not to describe offenders against some municipal criminal law, of some particular country. The interpretation and effect of policies belong to a system of law, existing before the statute of 1790, or any of President Lincoln's proclamations were made, and was not intended to be affected by them. This system of law is not merely a branch, or division of municipal law, but belongs to, and is part of, the common law of nations which defines piracy.<a class=\"footnote\" href=\"#fn15\" id=\"fn15_ref\">15</a></p>\n </div>\n <div class=\"num\" id=\"p7\">\n <span class=\"num\">7</span>\n <p class=\"indent\">Such instruments have no reference to the <i>legality</i> of governments: they refer always to <i>de facto</i> authority of kings, princes, and people; and an interpretation which should make a risk depend on the legality of an actual government, under whose authority the property had been captured, seized, or detained, would be unprecedented and dangerous.<a class=\"footnote\" href=\"#fn16\" id=\"fn16_ref\">16</a> Lemonnier<a class=\"footnote\" href=\"#fn17\" id=\"fn17_ref\">17</a> cites a decision of the Tribunal of Commerce, of Marseilles, that the revolted Colombians, having attacked only Spaniards, and not all nations like pirates, were to be considered a government.</p>\n </div>\n <div class=\"num\" id=\"p8\">\n <span class=\"num\">8</span>\n <p class=\"indent\">No authority can be produced to show that a capture under a commission issued by a regularly organized <i>de facto</i> government, engaged in open and actual war, to cruise against its enemy, and against its enemy only, is piracy <i>under the laws of nations</i>.</p>\n </div>\n <p class=\"indent\">The authorities are the other way.<a class=\"footnote\" href=\"#fn18\" id=\"fn18_ref\">18</a></p>\n <div class=\"num\" id=\"p9\">\n <span class=\"num\">9</span>\n <p class=\"indent\">The Executive government of the United States has, by public proclamations and messages to Congress, and in other appropriate public documents, recognized and affirmed a condition of open and public war, existing between the United States and a <i>de facto</i> government of the so-called 'Confederate States.'<a class=\"footnote\" href=\"#fn19\" id=\"fn19_ref\">19</a> And the United States cannot at the same time insist that they have the belligerent rights which by the law of nations belong to a sovereign waging public war, and yet assert that there is no such public war as is known to the law of nations. That it is a <i>civil</i> war, does not change the rule of <i>the law of nations</i> respecting those who carry it on.<a class=\"footnote\" href=\"#fn20\" id=\"fn20_ref\">20</a></p>\n </div>\n <div class=\"num\" id=\"p10\">\n <span class=\"num\">10</span>\n <p class=\"indent\">Any capture or seizure, whether rightful or wrongful, and whether made under a commission from a <i>de jure</i>, or <i>de facto</i> government, or made by mere pirates, is equally within the warranty in this case. Such is the interpretation of the words 'capture, seizure, and detention,' by writers of authority on Insurance,<a class=\"footnote\" href=\"#fn21\" id=\"fn21_ref\">21</a> and by courts also. The English cases of <i>Powell</i> v. <i>Hyde</i>,<a class=\"footnote\" href=\"#fn22\" id=\"fn22_ref\">22</a> and of <i>Kleinworth</i> v. <i>Shephard</i>,<a class=\"footnote\" href=\"#fn23\" id=\"fn23_ref\">23</a> are in point. In the former case it was held by Lord Campbell, Coleridge and Wightman, JJ., that the loss of a British vessel in the Danube by being fired upon by the Russians (then at war with Turkey, but not with England), was within the exception of 'warrant free from capture and seizure,' and in the second the terms were extended to a mutiny of Coolie passengers.<a class=\"footnote\" href=\"#fn24\" id=\"fn24_ref\">24</a></p>\n </div>\n <div class=\"num\" id=\"p11\">\n <span class=\"num\">11</span>\n <p class=\"indent\">And the words capture and seizure are so often used by correct writers and judges, and in legislation, to describe the acts of pirates and of persons acting under <i>de facto</i> governments, as to manifest a <i>jus et norma loquendi</i>.</p>\n </div>\n <div class=\"num\" id=\"p12\">\n <span class=\"num\">12</span>\n <p class=\"indent\">Finally. The very question now raised has been fully argued and directly adjudicated in the Supreme Courts of Pennsylvania, Massachusetts, and Maine.<a class=\"footnote\" href=\"#fn25\" id=\"fn25_ref\">25</a></p>\n </div>\n <div class=\"num\" id=\"p13\">\n <span class=\"num\">13</span>\n <p class=\"indent\">We may concede that the United States have never admitted the so-called 'Confederate States' to be a government. And this is a matter most proper to be asserted by the United States in its dealings with both its own citizens and foreigners. It may well treat every citizen of the United States who aided in the rebellion as committing treason or piracy; and regard transfers of property, &c., made in virtue of the Confederate laws, and against those of the United States, as void. So in dealing with foreign powers it may properly assert that these did a wrong to us in recognizing the Confederacy as a belligerent power. But this case raises no such question as any of these. The fact remains that here was a great power capable of levying war against us, which did so levy and wage war, and which made a capture. Much of the disquisition by opposing counsel is therefore <i>from</i> the purpose. It has no practical application.</p>\n </div>\n <div class=\"num\" id=\"p14\">\n <span class=\"num\">14</span>\n <p class=\"indent\"><i>Reply:</i> The case of <i>Powell</i> v. <i>Hyde</i>, the first of the two English cases, relied on by the other side, was that of a 'capture' or 'seizure,' in the usual sense of the words, made by a power authorized to wage war, and then actually waging war.</p>\n </div>\n <div class=\"num\" id=\"p15\">\n <span class=\"num\">15</span>\n <p class=\"indent\"><i>Kleinworth</i> v. <i>Shephard</i>, the other English case—the only case in which 'seizure' has been said to include acts of individuals not acting under the authority of a recognized government, and in which it was extended by the Court of Queen's Bench to the mutiny by Coolie passengers—was argued before Lord Campbell, Wightman, Crompton, and Hill, JJ., but four of the fifteen English common law judges, none of which four had any peculiar experience or authority in commercial law, and the weight of whose opinion must therefore depend upon the soundness of the reasons assigned for it. The case, before it is finally disposed of, may be taken to the Court of Exchequer Chamber, if not to the House of Lords, and their decision overruled. It is hardly in any respect such a decision as should induce this court to go agaist the recent express decision, in <i>Swinerton</i> v. <i>Columbian Insurance Co.</i>, of the Superior Court of the City of New York, a tribunal which has long held the position of a very high authority on questions of maritime law; or against the able decision in the Commercial Court of Bremen, a tribunal in which public law in reference to this class of cases is of necessity very familiar to the court.</p>\n </div>\n <div class=\"num\" id=\"p16\">\n <span class=\"num\">16</span>\n <p class=\"indent\">Mr. Justice NELSON delivered the opinion of the court.</p>\n </div>\n <div class=\"num\" id=\"p17\">\n <span class=\"num\">17</span>\n <p class=\"indent\">The question in the case is, whether this taking of the vessel by the naval forces of the so-called Confederate States was a capture within the warranty of the assured in the margin of the policy? If it was, then the loss is not one of the perils insured against, as the assured, in express terms, had assumed it upon himself.</p>\n </div>\n <div class=\"num\" id=\"p18\">\n <span class=\"num\">18</span>\n <p class=\"indent\">A capture, as defined by some of the most eminent writers on insurance within the policy, is a taking by the enemy of vessel or cargo as prize, in time of open war, or, by way of reprisal, with intent to deprive the owner of it. This was probably the primary or original idea attached to the term in these instruments. Losses of ships and cargo engaged in commerce by the public enemy were the most to be apprehended and provided against. But usage, and the course of decisions by the courts, have very much widened this meaning, and it now may embrace the taking of a neutral ship and cargo by a belligerent <i>jure belli;</i> also, the taking forcibly by a friendly power, in time of peace, and even by the government itself to which the assured belongs.<a class=\"footnote\" href=\"#fn26\" id=\"fn26_ref\">26</a></p>\n </div>\n <div class=\"num\" id=\"p19\">\n <span class=\"num\">19</span>\n <p class=\"indent\">Capture is deemed lawful when made by a declared enemy, lawfully commissioned, and according to the laws of war, and unlawful when made otherwise; but, whether lawful or unlawful, the underwriter is liable; the words of the policy being broad enough, and intended to be broad enough, to include every species of capture to which ships or cargo, at sea, may be exposed. Any other rule would furnish but a very imperfect indemnity to the assured if we regard either the character of these seizures and the irregularities attending them, or the trouble, expense, and delay consequent upon the duty or burden of proving in a court of justice the unlawfulness of the act. It is never, therefore, a question between the insurer and the insured whether the capture be lawful or not. The recent case of <i>Powell</i> v. <i>Hyde</i><a class=\"footnote\" href=\"#fn27\" id=\"fn27_ref\">27</a> is very decisive on this point. In that case a British ship passing down the Danube was fired upon from a Russian fort and sunk. A war existed between Russia and Turkey, but none between the former and Great Britain. The policy of insurance in that case contained the warranty of the assured 'free from capture, seizure,' &c., upon which the underwriters relied, as here, for a defence. In answer to this it was urged for the assured that these words in the warranty related to a lawful capture or seizure, by a party having authority to make it, and that, inasmuch as the capture was in open violation of law and wholly illegal, it was not within the warranty, and the underwriters were, therefore, liable. But the court held otherwise, and determined that this term in the warranty was not confined to lawful capture, but included any capture, in consequence of which the ship was lost to the insured. This same principle was again deliberately asserted by the court in <i>Kleinworth</i> v. <i>Shepherd</i>.<a class=\"footnote\" href=\"#fn28\" id=\"fn28_ref\">28</a> The same question had been decided many years before by Lord Mansfield in <i>Berens</i> v. <i>Rucker</i>,<a class=\"footnote\" href=\"#fn29\" id=\"fn29_ref\">29</a> in which he held the insurer liable in case of an illegal capture of a neutral vessel by an English privateer. Chancellor Kent states the rule as follows: 'Every species of capture, whether lawful or unlawful, and whether by friends or enemies, is also a loss within the policy.'<a class=\"footnote\" href=\"#fn30\" id=\"fn30_ref\">30</a> As kindred to this rule is another, that the insurer is liable for a loss by capture, whether the property in the thing insured be changed by the capture or not. In every case of an illegal capture the property is not changed, yet as between the insurer and the insured, the effect is the same as in case of a capture by an enemy in open war.</p>\n </div>\n <div class=\"num\" id=\"p20\">\n <span class=\"num\">20</span>\n <p class=\"indent\">In the case of a capture under a commission from an organized government, against an enemy, <i>jure belli</i>, to bring the capture within the policy, it is not necessary that the commission should issue from a perfectly lawful government any more than that the capture itself should be lawful. The principle is the same. An illustration will be found in the war between Spain and her revolted colonies in South America, which continued for many years. Our government was the first to recognize their independence, which was in 1822; but even down till this event, from the time the revolt had reached the dimensions of a civil war, the government had recognized the war, and conceded equal belligerent rights to the respective parties; and the capture of the vessels of Spain by a commander under a commission by one of the colonies in the exercise of this right, was recognized as legal as if it had occurred in open public war, and, as a matter of course, would have been within the marginal warranty clause of the insured in a policy of insurance. Indeed it has been so held. It will be observed that at this time these colonies had not achieved their independence; they were yet in the heat of the conflict; nor had they been recognized by any of the established governments on either continent as belonging to the family of nations. In this connection it will not be inappropriate to refer to the case of <i>United States</i> v. <i>Palmer</i>,<a class=\"footnote\" href=\"#fn31\" id=\"fn31_ref\">31</a> which was an indictment against the defendant for piracy in the capture of a Spanish vessel under a commission from one of these colonies, and which he set up as a defence. One of the questions certified from the circuit was, whether the seal annexed to the commission purporting to be a public seal used by persons exercising the powers of government in a foreign colony, which had revolted from its allegiance and declared itself independent, but had never been acknowledged as such by the United States, was admissible in a court of the United States as proof of its legal existence with or without proof of its genuineness. The court held that the seal of such unacknowledged government could not be permitted to prove itself, but that it might be proved by such testimony as the nature of the case would admit. The defendant was permitted, also, to prove that he was employed in the service of the colony at the time of making the capture, and which, it was agreed, would constitute a defence to the indictment for piracy. The proof became necessary on account of the obscurity and unknown condition of this incipient state.</p>\n </div>\n <div class=\"num\" id=\"p21\">\n <span class=\"num\">21</span>\n <p class=\"indent\">Another illustration will be found in a capture by a <i>de facto</i> government, which government is defined to be one in possession of the supreme or sovereign power, but without right—a government by usurpation, founded perhaps in crime, and in the violation of every principle of international or municipal law, and of right and justice; yet, while it is thus organized, and in the exercise and control of the sovereign authority, there can be no question between the insurer and the insured as to the lawfulness of the government under whose commission the capture has been made. If any presumption could properly be indulged as to the perils against which the insured would most desire to protect himself, it might well be captures by these violent and irregularly constructed nationalities. The court in the case of <i>Nesbitt</i> v. <i>Lushington</i>,<a class=\"footnote\" href=\"#fn32\" id=\"fn32_ref\">32</a> fitly described the character of the government contemplated in the clause respecting the restraints, &c., of kings, princes, or people, namely: 'the ruling power of the country,' 'the supreme power,' 'the power of the country, whatever it might be,'—not necessarily a lawful power or government, or one that had been adopted into the family of nations.</p>\n </div>\n <div class=\"num\" id=\"p22\">\n <span class=\"num\">22</span>\n <p class=\"indent\">Now, applying these principles to the case before us, it will be seen that the question is not whether this so-called Confederate government, under whose authority the capture was made, was a lawful government, but whether or not it was a government in fact, that is, one in the possession of the supreme power of the district of country over which its jurisdiction extended? We agree that all the proceedings of these eleven states, either severally or in conjunction, by means of which the existing governments were overthrown, and new governments erected in their stead, were wholly illegal and void, and that they remained after the attempted separation and change of government, in judgment of law, as completely under all their constitutional obligations as before.</p>\n </div>\n <div class=\"num\" id=\"p23\">\n <span class=\"num\">23</span>\n <p class=\"indent\">The Constitution of the United States, which is the fundamental law of each and all of them, not only afforded no countenance or authority for these proceedings, but they were, in every part of them, in express disregard and violation of it. Still, it cannot be denied but that by the use of these unlawful and unconstitutional means, a government, in fact, was erected greater in territory than many of the old governments in Europe, complete in the organization of all its parts, containing within its limits more than eleven millions of people, and of sufficient resources, in men and money, to carry on a civil war of unexampled dimensions; and during all which time the exercise of many belligerent rights were either conceded to it, or were acquiesced in by the supreme government, such as the treatment of captives, both on land and sea, as prisoners of war; the exchange of prisoners; their vessels captured recognized as prizes of war, and dealt with accordingly; their property seized on land referred to the judicial tribunals for adjudication; their ports blockaded, and the blockade maintained by a suitable force, and duly notified to neutral powers the same as in open and public war.</p>\n </div>\n <div class=\"num\" id=\"p24\">\n <span class=\"num\">24</span>\n <p class=\"indent\">We do not inquire whether these were rights conceded to the enemy by the laws of war among civilized nations, or were dictated by humanity to mitigate the vindictive passions growing out of a civil conflict. We refer to the conduct of the war as a matter of fact for the purpose of showing that the so-called Confederate States were in the possession of many of the highest attributes of government, sufficiently so to be regarded as the ruling or supreme power of the country, and hence captures under its commission were among those excepted out of the policy by the warranty of the insured.</p>\n </div>\n <div class=\"num\" id=\"p25\">\n <span class=\"num\">25</span>\n <p class=\"indent\">We could greatly extend the opinion upon this branch of the case by considerations in support of the above view, but the question has undergone very learned and able examinations in several of the State courts, deservedly of the highest eminence, and which have arrived at the same conclusion, and to which we refer as rendering further examination unnecessary.<a class=\"footnote\" href=\"#fn33\" id=\"fn33_ref\">33</a></p>\n </div>\n <div class=\"num\" id=\"p26\">\n <span class=\"num\">26</span>\n <p class=\"indent\">JUDGMENT AFFIRMED.</p>\n </div>\n <div class=\"num\" id=\"p27\">\n <span class=\"num\">27</span>\n <p class=\"indent\">Dissenting, the CHIEF JUSTICE and Mr. Justice SWAYNE.</p>\n </div>\n <div class=\"num\" id=\"p28\">\n <span class=\"num\">28</span>\n <p class=\"indent\">NOTE. At the same time with the preceding were argued and adjudged four other cases by the same plaintiff against other insurance companies, all four being adjudged in the same way as the one above reported. In two of them the policies and warranty were in the same language as in that case. In two others there was a difference in the marginal warranty of the insured in this, that while he warranted free from loss or expense by capture, &c., 'ordinary piracy' was excepted, so that if the loss was on account of a capture or seizure by pirates, the insured would have been entitled to recover. But NELSON, J., giving the judgment of the court, observed that as the court had arrived at the conclusion that the capture of the vessel was under the authority of a <i>quasi</i> government, or government in fact (the ruling power of the country at that time), it was to be held to be within the warranty or exception in the marginal clause. Dissenting, the CHIEF JUSTICE and SWAYNE, J.</p>\n </div>\n <div class=\"footnotes\">\n <div class=\"footnote\" id=\"fn1\">\n <a class=\"footnote\" href=\"#fn1_ref\">1</a>\n <p> 3 Commentaries, 302, note <i>d</i>, 6th ed.</p>\n </div>\n <div class=\"footnote\" id=\"fn2\">\n <a class=\"footnote\" href=\"#fn2_ref\">2</a>\n <p> Nesbitt <i>v.</i> Lushington, 4 Term, 783; 2 Arnould on Insurance, §§ 303, 305, 306; 1 Phillips on Insurance, §§ 1106-1108; 2 Parsons' Maritime Law, 236, 246.</p>\n </div>\n <div class=\"footnote\" id=\"fn3\">\n <a class=\"footnote\" href=\"#fn3_ref\">3</a>\n <p> 7 Abridgment, 92; and see 639 <i>et seq.</i></p>\n </div>\n <div class=\"footnote\" id=\"fn4\">\n <a class=\"footnote\" href=\"#fn4_ref\">4</a>\n <p> § 9, 1 Stat. at Large, 114.</p>\n </div>\n <div class=\"footnote\" id=\"fn5\">\n <a class=\"footnote\" href=\"#fn5_ref\">5</a>\n <p> 5 Wheaton, 76.</p>\n </div>\n <div class=\"footnote\" id=\"fn6\">\n <a class=\"footnote\" href=\"#fn6_ref\">6</a>\n <p> Lawrence's Wheaton's Int. Law, 246, ed. 1863.</p>\n </div>\n <div class=\"footnote\" id=\"fn7\">\n <a class=\"footnote\" href=\"#fn7_ref\">7</a>\n <p> United States <i>v.</i> Klintock, 5 Wheaton, 144.</p>\n </div>\n <div class=\"footnote\" id=\"fn8\">\n <a class=\"footnote\" href=\"#fn8_ref\">8</a>\n <p> 12 Stat. at Large, 12, 58.</p>\n </div>\n <div class=\"footnote\" id=\"fn9\">\n <a class=\"footnote\" href=\"#fn9_ref\">9</a>\n <p> Act of 24 July, 1861, Id. 273; Act of 6 Aug., 1862, Id. 314.</p>\n </div>\n <div class=\"footnote\" id=\"fn10\">\n <a class=\"footnote\" href=\"#fn10_ref\">10</a>\n <p> 3 Wallace, Jr., MS.</p>\n </div>\n <div class=\"footnote\" id=\"fn11\">\n <a class=\"footnote\" href=\"#fn11_ref\">11</a>\n <p> United States <i>v.</i> Palmer, 3 Wheaton, 610, 634; The Divina Pastora, 4 Id. 52; Nuestra Senora de le Caridad, Id. 497; The Josefa Segunda, 5 Id. 338; Nueva Ana, 6 Id. 193; Santissima Trinidad, 7 Id. 337.</p>\n </div>\n <div class=\"footnote\" id=\"fn12\">\n <a class=\"footnote\" href=\"#fn12_ref\">12</a>\n <p> United States <i>v.</i> Klintock, 5 Wheaton, 144; United States <i>v.</i> Smith, Id. 153.</p>\n </div>\n <div class=\"footnote\" id=\"fn13\">\n <a class=\"footnote\" href=\"#fn13_ref\">13</a>\n <p> Hansard, vol. 162, p. 2082.</p>\n </div>\n <div class=\"footnote\" id=\"fn14\">\n <a class=\"footnote\" href=\"#fn14_ref\">14</a>\n <p> Weser Weekly Zeitung, of January 12, 1867. A printed translation was furnished by Mr. Cushing to the court.</p>\n </div>\n <div class=\"footnote\" id=\"fn15\">\n <a class=\"footnote\" href=\"#fn15_ref\">15</a>\n <p> Warren <i>v.</i> The Man. Ins. Co., 13 Pickering, 518; Deshon <i>v.</i> The Mer. Ins. Co., 11 Metcalf, 199; The Malek Adhel, 2 Howard, 232; The Antelope 10 Wheaton, 122.</p>\n </div>\n <div class=\"footnote\" id=\"fn16\">\n <a class=\"footnote\" href=\"#fn16_ref\">16</a>\n <p> Nesbitt <i>v.</i> Lushington, 4 Term, 783.</p>\n </div>\n <div class=\"footnote\" id=\"fn17\">\n <a class=\"footnote\" href=\"#fn17_ref\">17</a>\n <p> On Insurance, vol. 1, 251.</p>\n </div>\n <div class=\"footnote\" id=\"fn18\">\n <a class=\"footnote\" href=\"#fn18_ref\">18</a>\n <p> The Savannah, Warburton's Report, 365-374; United States <i>v.</i> Smith, 5 Wheaton, 153, and note; Same <i>v.</i> Pirates, Id. 196; The Malek Adhel, 2 Howard, 211; The Sealskins, 2 Paine, 333; United States <i>v.</i> Hanway, 2 Wallace, Jr., 202; and see Mr. Burke's letter to Sheriffs of Bristol, vol, 2, p. 90, Little & Brown's edition of Burke's Works; Mr. Webster's Letter to Mr. Fox, 6 Webster's Works, 256, 257.</p>\n </div>\n <div class=\"footnote\" id=\"fn19\">\n <a class=\"footnote\" href=\"#fn19_ref\">19</a>\n <p> The President's Proclamation of April 19, 1861; his Reply to the Virginia Commissioners (Moore's Rebellion Record, vol. i, p. 61); his Proclamation of April 27, 1861; his Message to Congress, July 4, 1861; his Proclamations of August 12, 1861, and of August 16, 1861.</p>\n </div>\n <div class=\"footnote\" id=\"fn20\">\n <a class=\"footnote\" href=\"#fn20_ref\">20</a>\n <p> Vattel (Chitty's ed.), 424; Lawrence's Wheaton, 516, 522; Halleck's International Law, 233, 343; Santissima Trinidad, 7 Wheaton, 283; United States <i>v.</i> Palmer, 3 Id. 610; Neustra Senora, 4 Id. 497.</p>\n </div>\n <div class=\"footnote\" id=\"fn21\">\n <a class=\"footnote\" href=\"#fn21_ref\">21</a>\n <p> Marshall, pt. i, ch. xii, § 3; 1 Phillips, § 1110; 2 Arnould, *808, *811; Benecke, p. 348 (p. 230 of English ed.); Emerigon (by Meredith), 353; 3 Kent's Commentaries, *304; Pothier, Insurance, No. 54; Valin's Commentary, Art. 26, 46; 2 Boulay Paty Commercial Law, § 16, p. 102 (Brussels, 1838.)</p>\n </div>\n <div class=\"footnote\" id=\"fn22\">\n <a class=\"footnote\" href=\"#fn22_ref\">22</a>\n <p> 5 Ellis & Blackburne, 607.</p>\n </div>\n <div class=\"footnote\" id=\"fn23\">\n <a class=\"footnote\" href=\"#fn23_ref\">23</a>\n <p> 1 Ellis & Ellis, 447.</p>\n </div>\n <div class=\"footnote\" id=\"fn24\">\n <a class=\"footnote\" href=\"#fn24_ref\">24</a>\n <p> And see Goss <i>v.</i> Withers, 2 Burrow, 694; McCar <i>v.</i> New Orleans Insurance Co., 10 Robinson's Louisiana, 202, 334, 339; Tirrell <i>v.</i> Gage, 4 Allen, 245.</p>\n </div>\n <div class=\"footnote\" id=\"fn25\">\n <a class=\"footnote\" href=\"#fn25_ref\">25</a>\n <p> Fifield <i>v.</i> Insurance Co., 47 Pennsylvania State, 166; Dole <i>v.</i> Same, 6 Allen, 373; Dole <i>v.</i> Same, 51 Maine, 464.</p>\n </div>\n <div class=\"footnote\" id=\"fn26\">\n <a class=\"footnote\" href=\"#fn26_ref\">26</a>\n <p> Phillips on Insurance, §§ 1108-1109; Arnould on Same, 808, 814; 2 Marshall on Same, 495, 496, 507; Powell <i>v.</i> Hyde, 5 Ellis & Blackburne, 607.</p>\n </div>\n <div class=\"footnote\" id=\"fn27\">\n <a class=\"footnote\" href=\"#fn27_ref\">27</a>\n <p> Already referred to; 5 Ellis & Blackburne, 607.</p>\n </div>\n <div class=\"footnote\" id=\"fn28\">\n <a class=\"footnote\" href=\"#fn28_ref\">28</a>\n <p> 1 Ellis & Ellis, 447.</p>\n </div>\n <div class=\"footnote\" id=\"fn29\">\n <a class=\"footnote\" href=\"#fn29_ref\">29</a>\n <p> 1 Blackstone, 313.</p>\n </div>\n <div class=\"footnote\" id=\"fn30\">\n <a class=\"footnote\" href=\"#fn30_ref\">30</a>\n <p> 3 Commentaries, 304-5.</p>\n </div>\n <div class=\"footnote\" id=\"fn31\">\n <a class=\"footnote\" href=\"#fn31_ref\">31</a>\n <p> 3 Wheaton, 610.</p>\n </div>\n <div class=\"footnote\" id=\"fn32\">\n <a class=\"footnote\" href=\"#fn32_ref\">32</a>\n <p> 4 Term, 763.</p>\n </div>\n <div class=\"footnote\" id=\"fn33\">\n <a class=\"footnote\" href=\"#fn33_ref\">33</a>\n <p> Dole <i>v.</i> New England Mutual Ins. Co., 6 Allen, 373; Fifield <i>v.</i> Ins. Co., 47 Pennsylvania State, 166; Dole <i>v.</i> Merchants' Marine Ins. Co., 51 Maine, 464</p>\n </div>\n </div>\n ",
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"failure" : {
"message" : "AssertionError: feed3 ad not present",
"stackTrace" : "java.lang.AssertionError: feed3 ad not present\n\tat org.testng.Assert.fail(Assert.java:94)\n\tat twc.Automation.HandleWithAppium.AppiumFunctions.Check_feed3_ad(AppiumFunctions.java:429)\n\tat ANDROID_ARMS.ANDROID_ARMS.FeedAdVAlidationonUI.Validating_feed3(FeedAdVAlidationonUI.java:79)\n\tat sun.reflect.NativeMethodAccessorImpl.invoke0(Native Method)\n\tat sun.reflect.NativeMethodAccessorImpl.invoke(NativeMethodAccessorImpl.java:62)\n\tat sun.reflect.DelegatingMethodAccessorImpl.invoke(DelegatingMethodAccessorImpl.java:43)\n\tat java.lang.reflect.Method.invoke(Method.java:498)\n\tat org.testng.internal.MethodInvocationHelper.invokeMethod(MethodInvocationHelper.java:85)\n\tat org.testng.internal.Invoker.invokeMethod(Invoker.java:659)\n\tat org.testng.internal.Invoker.invokeTestMethod(Invoker.java:845)\n\tat org.testng.internal.Invoker.invokeTestMethods(Invoker.java:1153)\n\tat org.testng.internal.TestMethodWorker.invokeTestMethods(TestMethodWorker.java:125)\n\tat org.testng.internal.TestMethodWorker.run(TestMethodWorker.java:108)\n\tat org.testng.TestRunner.privateRun(TestRunner.java:771)\n\tat org.testng.TestRunner.run(TestRunner.java:621)\n\tat org.testng.SuiteRunner.runTest(SuiteRunner.java:357)\n\tat org.testng.SuiteRunner.runSequentially(SuiteRunner.java:352)\n\tat org.testng.SuiteRunner.privateRun(SuiteRunner.java:310)\n\tat org.testng.SuiteRunner.run(SuiteRunner.java:259)\n\tat org.testng.SuiteRunnerWorker.runSuite(SuiteRunnerWorker.java:52)\n\tat org.testng.SuiteRunnerWorker.run(SuiteRunnerWorker.java:86)\n\tat org.testng.TestNG.runSuitesSequentially(TestNG.java:1199)\n\tat org.testng.TestNG.runSuitesLocally(TestNG.java:1124)\n\tat org.testng.TestNG.run(TestNG.java:1032)\n\tat org.apache.maven.surefire.testng.TestNGExecutor.run(TestNGExecutor.java:73)\n\tat org.apache.maven.surefire.testng.TestNGXmlTestSuite.execute(TestNGXmlTestSuite.java:94)\n\tat org.apache.maven.surefire.Surefire.run(Surefire.java:169)\n\tat sun.reflect.NativeMethodAccessorImpl.invoke0(Native Method)\n\tat sun.reflect.NativeMethodAccessorImpl.invoke(NativeMethodAccessorImpl.java:62)\n\tat sun.reflect.DelegatingMethodAccessorImpl.invoke(DelegatingMethodAccessorImpl.java:43)\n\tat java.lang.reflect.Method.invoke(Method.java:498)\n\tat org.apache.maven.surefire.booter.SurefireBooter.runSuitesInProcess(SurefireBooter.java:350)\n\tat org.apache.maven.surefire.booter.SurefireBooter.main(SurefireBooter.java:1021)\n"
},
"testCases" : [ {
"uid" : "183f1cda28936636",
"name" : "Validating_feed3",
"title" : "Validating feed_3 Ad call",
"time" : {
"start" : 1516635827604,
"stop" : 1516635906107,
"duration" : 78503
},
"severity" : "NORMAL",
"status" : "FAILED"
} ]
} ]
}, {
"title" : "Test defects",
"status" : "BROKEN",
"defects" : [ ]
} ]
} |
{"countryCode":"HU","postalCode":"3045","placeName":"B\u00e9r","adminName1":"N\u00f3gr\u00e1d","adminCode1":"NO","adminName2":"","adminCode2":"","adminName3":"","adminCode3":"","latitude":"47.8657","longitude":"19.5022","accuracy":"4"} |
{
"first_traded_price": 818.0,
"highest_price": 831.0,
"isin": "IRO7SASP0001",
"last_traded_price": 809.0,
"lowest_price": 808.0,
"trade_volume": 342430.0,
"unix_time": 1534809600
} |
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{
"description": "mime/multipart: allow setting the Writer boundary\n\nFixes issue 4490",
"cc": [
"golang-dev@googlegroups.com",
"rsc@golang.org"
],
"reviewers": [],
"messages": [
{
"sender": "rsc@golang.org",
"recipients": [
"bradfitz@golang.org",
"golang-dev@googlegroups.com",
"rsc@golang.org",
"reply@codereview-hr.appspotmail.com"
],
"text": "LGTM\n\nhttps://codereview.appspot.com/6924044/diff/4001/src/pkg/mime/multipart/writer.go\nFile src/pkg/mime/multipart/writer.go (right):\n\nhttps://codereview.appspot.com/6924044/diff/4001/src/pkg/mime/multipart/writer.go#newcode52\nsrc/pkg/mime/multipart/writer.go:52: if b < 128 {\nCan drop the if. If b >= 128 the code below will work and there's no need for a fast path.\n\nhttps://codereview.appspot.com/6924044/diff/4001/src/pkg/mime/multipart/writer.go#newcode53\nsrc/pkg/mime/multipart/writer.go:53: if b >= 'A' && b <= 'Z' || b >= 'a' && b <= 'z' || b >= '0' && b <= '9' {\nElsewhere in the tree we've used 'A' <= b for the left half of such a range check. 3x.",
"disapproval": false,
"date": "2012-12-10 21:27:55.934280",
"approval": true
},
{
"sender": "bradfitz@golang.org",
"recipients": [
"bradfitz@golang.org",
"golang-dev@googlegroups.com",
"reply@codereview-hr.appspotmail.com"
],
"text": "Hello golang-dev@googlegroups.com,\n\nI'd like you to review this change to\nhttps://go.googlecode.com/hg/",
"disapproval": false,
"date": "2012-12-10 21:02:02.316980",
"approval": false
},
{
"sender": "bradfitz@golang.org",
"recipients": [
"bradfitz@golang.org",
"golang-dev@googlegroups.com",
"rsc@golang.org",
"reply@codereview-hr.appspotmail.com"
],
"text": "*** Submitted as https://code.google.com/p/go/source/detail?r=11d696585699 ***\n\nmime/multipart: allow setting the Writer boundary\n\nFixes issue 4490\n\nR=golang-dev, rsc\nCC=golang-dev\nhttps://codereview.appspot.com/6924044",
"disapproval": false,
"date": "2012-12-10 21:30:47.371540",
"approval": false
}
],
"owner_email": "bradfitz@golang.org",
"private": false,
"base_url": "",
"owner": "bradfitz",
"subject": "code review 6924044: mime/multipart: allow setting the Writer boundary",
"created": "2012-12-10 21:01:52.221810",
"patchsets": [
1,
3,
4001,
4002
],
"modified": "2012-12-10 21:30:48.397420",
"closed": true,
"issue": 6924044
} |
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[{"detail": [{"content": "Spring 2015 PhD Course Offerings, Spanish and Portuguese | NYU Navigation NEW YORK UNIVERSITY ARTS AND SCIENCE COLLEGE OF ARTS AND SCIENCE GRADUATE SCHOOL OF ARTS AND SCIENCE Back to Home Spring 2015 PhD Course Offerings Click here to view schedule PORT-GA 1104.001 Title: Portuguese for Spanish Speakers Instructor : Carlos Veloso Day/Time: Monday 3:30-5:30pm Description: PORT-GA 1104 is an accelerated course for advanced Spanish speakers with a good command of Spanish grammar. It covers the fundamentals of the Portuguese language with a focus on Brazil. In this course, Spanish sentence patterns and vocabulary will be utilized as a basis for the study of similarities and differences between the two languages. Comparisons among sound systems (Spanish/English/Portuguese) will familiarize students with standard Portuguese pronunciation. Written responses to short readings ( cr\u00f4nicas , poetry, essays and articles) or visuals will help to review and expand grammar points and to practice transferring common features of Spanish into Portuguese syntax. Brief presentations on topics related to the arts and society will promote essential speaking skills. By the end of the semester students will be prepared to read complex materials and will have acquired basic proficiency in speaking, writing and understanding standard Portuguese. This is a zero credit course. A limited number of spots are available for students from other departments/programs. These spots will be allocated on a first come, first serve basis. Interested students should contact Edgardo N\u00fa\u00f1ez at edgardo.nunez@nyu.edu for permission to enroll. PORT-GA 2967.001 Title: The New Documentary Film in Brazil Instructor: Marta Peixoto Day/Time: Wednesday 4:00-6:00pm Description: In Brazil, as elsewhere, the last twenty-some years have seen a surge in documentary filmmaking, aided by the availability of lightweight and inexpensive recording technologies. This increase in Brazil, part of the Retomada or Renewal of cinema of all kinds in the 1990s, made possible by favorable government policies, was accompanied by a parallel surge in critical thinking about the genre. This course, CONDUCTED IN ENGLISH, will examine a selection of these Brazilian films from the 1990s to the present, in connections with film criticism and relevant film theory (Jacques Ranci\u00e8re, Andr\u00e9 Bazin, and others), in a context of earlier influential American and European documentary movements and filmmakers (direct cinema, cin\u00e9ma v\u00e9rit\u00e9, Frederick Wiseman, Jean Rouch, Agn\u00e8s Varda) and of Brazil's Cinema Novo. We will consider documentary film transnationally as a genre in its distinction and confluences with fiction films, explore issues such as: new modes of representation of \"a voz do povo,\" the uses of fiction in documentary film, ethical concerns about the respectful use of other people's images and words, and the construction of complex images of Brazil changing political and social landscape since the end of the military dictatorship. Students will expand their critical and theoretical vocabulary with regard to film and try their hand at film criticism. They may choose a final project on documentary film from elsewhere in Latin America or Spain. Readings for the course are available in one or more of the following ways: for purchase online (amazon.com or elsewhere), posted on NYU Classes, or at Bobst library. The films are on reserve at the Avery Fisher Film Library at Bobst. SPAN-GA 2965.001 Title: Reading Modern Spanish Culture through Raymond Williams Instructor: Jo Labanyi Day/Time: Wednesday 2:00-4:00pm Description: The course will revisit the writings of Raymond Williams, whose pioneering work in cultural studies from the 1950s to the 1980s had an important influence on Latin American cultural critics but has been relatively little used by scholars of Spain. We will discuss a number of key concepts theorized by Williams, trying them out, through close reading undertaken collectively in class, as ways of reading excerpts from a wide range of Spanish cultural texts from the 19 th century to the present. The latter will include fiction, drama, poetry, essays, travel writing, and journalism (including television journalism). The aim will be to develop critical tools for exploring the relationship between cultural texts and social processes, showing how each can illuminate the other. In particular, we will pursue Williams\u2019 insight that the analysis of literary forms can offer an understanding of social forms. The course will be taught in English to give Spanish-native-speaker students increased academic competence in English. Texts: This course is going to be something of an experiment. Unlike most courses, which have a limited selection of core literary and cultural texts supplemented by a large amount of critical reading, in this case the core texts will be critical works by Williams, which will be read in relation to a large selection of short literary and cultural texts (mostly excerpts). Works by Raymond Williams Ordered for NYU Bookstore (you should buy these): Modern Tragedy (1966) The Country and the City (1973) Keywords: A Vocabulary of Culture and Society (1976; rev. ed. 2014) Marxism and Literature (1977) The Sociology of Culture (1982; orig. Culture , 1981) Selections from the following will be made available: Culture and Society (1958) The Long Revolution (1961) Politics and Letters: Interviews with New Left Review (1979) Culture and Materialism (2005; orig. Problems in Materialism and Culture , 1980) Writing in Society (1983) Politics of Modernism (1989) Spanish literary and cultural texts These will be short texts or excerpts from longer texts, made available via NYU Classes or available online. They are expected to be as follows (there may be some changes): \u00b7 Jos\u00e9 de Espronceda\u2019s \u201cCanciones\u201d (Pirata, Mendigo, Reo de muerte, Verdugo, Cosaco) (poetry, late 1830s) \u00b7 Duque de Rivas, Don \u00c1lvaro o la fuerza del sino (play, 1835) \u00b7 Wenceslao Ayguals de Izco, Mar\u00eda o la hija de un jornalero (follet\u00edn, 1845) (available as Google e-book) \u00b7 Concepci\u00f3n Arenal, Cartas a los delincuentes (essays, 1865) (on www.cervantesvirtual.com ) \u00b7 Juan Valera, Pepita Jim\u00e9nez (novel, 1874) (at www.gutenberg.org ) \u00b7 Leopoldo Alas, El hambre en Andaluc\u00eda (journalism, 1882) \u00b7 Leopoldo Alas, La Regenta (novel, 1884-1885) (at www.gutenberg.org ) \u00b7 Emilia Pardo Baz\u00e1n, Los pazos de Ulloa (novel, 1886) (at www.gutenberg.org ) \u00b7 Jos\u00e9 Mar\u00eda de Pereda, Pe\u00f1as arriba (1895) (at www.gutenberg.org ) \u00b7 Benito P\u00e9rez Gald\u00f3s, Nazar\u00edn (novel, 1895) (on www.cervantesvirtual.com ) \u00b7 Miguel de Unamuno, En torno al casticismo (essays, 1895) (at www.es.wikisource.org ) \u00b7 Miguel de Unamuno, Del sentimiento tr\u00e1gico de la vida (essays, 1912) (various online sources) \u00b7 Miguel de Unamuno, San Manuel Bueno, m\u00e1rtir (novella, publ. in La Novela de Hoy subscription series, 1931; as book, 1933) \u00b7 Ram\u00f3n Mar\u00eda del Valle-Incl\u00e1n, Romance de lobos (Comedia b\u00e1rbara) (play, 1908) (at www.gutenberg.org ) \u00b7 Carmen de Burgos, El art\u00edculo 438 (novella, publ. in La Novela Semanal subscription series, 1921) \u00b7 Salvador Segu\u00ed, Escuela de rebeld\u00eda (novella; publ. posthumously in La Novela de Hoy subscription series, 1923) \u00b7 Jos\u00e9 Ortega y Gasset, La deshumanizaci\u00f3n del arte (1925) \u00b7 Federico Garc\u00eda Lorca, As\u00ed que pasen cinco a\u00f1os (play, written 1931) \u00b7 Ernesto Gim\u00e9nez Caballero, Genio de Espa\u00f1a (essay, 1932) \u00b7 Miguel Hern\u00e1ndez, Vientos del pueblo me llevan (poetry, 1937) \u00b7 Rafael Alberti, Radio Sevilla (agitprop play, 1937) \u00b7 Selection of poetry written by Republican soldiers during the Spanish Civil War \u00b7 Carmen Laforet, Nada (novel, 1945) \u00b7 Gabriel Celaya, Cantos iberos (poems, 1955) \u00b7 Juan Goytisolo, Se\u00f1as de identidad (novel, 1966) \u00b7 Jos\u00e9 Sanchis Sinisterra, Terror y miseria en el primer franquismo (plays, written 1979-2002; publ. 2003) \u00b7 Juan Eduardo Z\u00fa\u00f1iga, Largo noviembre de Madrid (short stories, 1980) \u00b7 Julio Llamazares, El r\u00edo del olvido (travel writing, 1990) \u00b7 Dulce Chac\u00f3n, Cielos de barro (novel, 2000) \u00b7 Montse Armengou & Ricard Belis, Les fosses del silenci / Las fosas del silencio (documentary for Catalan television TV3, 2003) SPAN-GA 2967.001 Title: Po\u00e9ticas del delirio en Puerto Rico Instructor: Rub\u00e9n R\u00edos \u00c1vila Description: Este seminario propone la bancarrota como un lugar productivo desde donde re-imaginar a Puerto Rico y su precario lugar \"entre\" las Am\u00e9ricas. \u00bfQu\u00e9 significa la reciente devaluaci\u00f3n del cr\u00e9dito en el contexto de la que fuera \"vitrina del Caribe\" para las utop\u00edas liberales de los a\u00f1os cincuenta y de qu\u00e9 modo la producci\u00f3n art\u00edstica y cultural m\u00e1s reciente re-significa la cat\u00e1strofe, encontrando all\u00ed modos expresivos del delirio, es decir, racionalidades alternas que descubren en la ruina, el detritus, el margen, el desv\u00edo, la pobreza, el tranque, o el fracaso los rudimentos para una po\u00e9tica que es tambi\u00e9n una pol\u00edtica. \u00bfDe qu\u00e9 modo produce este inh\u00f3spito contra-canon una nueva plantilla para una posible escritura desde Puerto Rico y su di\u00e1spora, fuera de las usuales territorialidades de la naci\u00f3n por venir? En este contexto leemos textos de Manuel Ramos Otero, Aurea Sotomayor, Rafael Acevedo, Eduardo Lalo, Luis Negr\u00f3n, Justin Torres, as\u00ed como obra f\u00edlmica de Carmen Oquendo, Antonio Santini y \u00c1lvaro Aponte y textos te\u00f3rico-cr\u00edticos de Juan Duchesne, Arnaldo Cruz, Jossiana Arroyo, Carlos Pab\u00f3n y Agnes Lugo. SPAN-GA 2967.002 Title: Borders and Diasporas Instructor : Tom\u00e1s Urayo\u00e1n Noel Day/Time: Tuesday 4:00-6:00pm Description: This course seeks to trace the evolution of border and diaspora as key terms in literary and cultural studies over the past two decades. Books such as Gloria Anzald\u00faa's Borderlands/La Frontera: The New Mestiza (1987) and Paul Gilroy's The Black Atlantic: Modernity and Double Consciousness (1993) helped shape contemporary understandings of these two terms by mapping the Mexico-U.S. borderlands and the black Atlantic as what James Clifford calls \u201cproductive sites of crossing; complex, unfinished paths between local and global attachments.\u201d While considering these and other foundational interventions, we will also explore how more recent work engages other borders (e.g. Haiti-Dominican Republic, Canada-U.S.) and diasporas (e.g. Caribbean, Pacific) as well as new spatial logics (e.g. the neoliberal city, the carceral border, digital cultures). Although we will pay particular attention to U.S. Latina/o and Caribbean contexts, students are welcome and in fact encouraged to explore borders and diasporas in ways that intersect with their own research. Critical readings may include works by Gloria Anzald\u00faa, Paul Gilroy, Guillermo G\u00f3mez-Pe\u00f1a, Stuart Hall, Claire Fox, N\u00e9stor Garc\u00eda Canclini, Heriberto Y\u00e9pez, Silvio Torres-Saillant, Ram\u00f3n Sald\u00edvar, Juan Flores, Alicia Schmidt Camacho, Brent Hayes Edwards, Alejandro Lugo, and Michelle M. Wright. Additionally, we may engage with popular music and film, and with literary texts, performances, and/or installations by Am\u00e9rico Paredes, Josefina B\u00e1ez, Craig Santos Perez, Reina Mar\u00eda Rodr\u00edguez, Alan Michelson, Pedro Pietri, Teddy Cruz, and M. NourbeSe Philip, among others. We will likely also have a number of guest speakers, readers, and/or performers. (This course will be conducted in English; reading knowledge of Spanish is not required.) SPAN-GA 2968.001 Title: Disputar lo precario. Recorridos de la cultura en el Cono Sur y Brasil (1970-2010) Instructor: Gabriel Giorgi Day/Time: Monday 2:00-4:00pm Description : Quiz\u00e1 una de las marcas m\u00e1s perdurables que la llamada \u201cera neoliberal\u201d imprimi\u00f3 sobre los lenguajes p\u00fablicos sea la constelaci\u00f3n de sentidos y afectos en torno a la precariedad. Precarizaci\u00f3n, precariado, precariedad/precaridad: modos, ciertamente heterog\u00e9neos, de nombrar el desfondamiento vertiginoso de la promesas de seguridad y estabilidad que tanto el Estado de bienestar como la sociedad neoliberal hab\u00edan instalado desde la segunda mitad del siglo XX. En esa constelaci\u00f3n alrededor de la precariedad emerge una dimensi\u00f3n clave: la de una vida que aparece, con un relieve cada vez m\u00e1s n\u00edtido, bajo la luz de una nueva gesti\u00f3n pol\u00edtica de la vulnerabilidad. En ese contexto, ciertos recorridos de la cultura en Am\u00e9rica Latina parecen haber ensayado, al menos desde los a\u00f1os 70, modos de nombrar, de disputar y de narrar los sentidos posibles de esa precariedad vuelta punto de gravitaci\u00f3n de la imaginaci\u00f3n pol\u00edtica. El seminario se propone interrogar los modos por los cuales el trabajo est\u00e9tico y cultural en torno a lo precario funcion\u00f3 como uno de los vectores creativos m\u00e1s productivos en las \u00faltimas d\u00e9cadas, donde la precariedad, lejos de ser una condici\u00f3n fija, estabilizada y definitiva, se vuelve la instancia de una reconfiguraci\u00f3n de sensibilidades y de debates en torno a lo com\u00fan. Dos dimensiones parecen especialmente productivas para pensar estas disputas en torno a lo precario: por un lado, la emergencia de territorialidades heterog\u00e9neas (Zibechi, Ludmer, Rodriguez), irreductibles a la distribuci\u00f3n entre p\u00fablico/privado, nacional/global, rural/urbano; por otro, ficciones y testimonios en torno a econom\u00edas alternativas, a la vez que ef\u00edmeras y estrat\u00e9gicas, que pasan por el reciclaje de los despojos y las ruinas del capital y por nuevas relaciones con lo natural y lo viviente. En estas dimensiones se conjugan tensiones al interior de la denominada \u201csubjetividad neoliberal\u201d , y se reconfigura la relaci\u00f3n entre lo com\u00fan y lo viviente; all\u00ed la cultura parece encontrar nuevos terrenos para pensarse pol\u00edticamente, a la vez que desdibuja sus propios l\u00edmites y tensa su misma especificidad. Los materiales a analizar incluyen textos de Rodolfo Fogwill, Clarice Lispector , Sergio Chejfec, Gabriela Cabez\u00f3n C\u00e1mara, Diamela Eltit, Rafael Pinedo, Vinicius Faustini y Iosi Havilio. Tambi\u00e9n discutiremos films de Mendon\u00e7a Filho y Eduardo Coutinho, junto a materiales te\u00f3ricos e hist\u00f3ricos de Judith Butler, Ra\u00fal Zibechi, Ignacio Lewcowicz, Pierre Dardot y Christian Larval, Maurizio Lazzarato, Brett Nelson y Ned Rossiter, entre otros . SPAN-GA 2968.002 (This course originates in CLACS) Title: Latin American Independence in the Age of Revolution Instructors: Sibylle Fischer and Sinclair Thomson Day/Time : Monday 2:00 - 4:45pm, plus Monday evening lectures SPAN-GA 2975.001 Title: Iberian Cultures and the Experimental Filmic Imagination Instructor: Sara Nadal-Melsio Day/Time : Wednesday 6:00-8:00pm Description: The social and political imaginaries of Francoist Spain created a singular instance of temporal dislocation in the filmic avant-garde of the 1960s and 70s. Portuguese novo cinema, and Ant\u00f3nio Reis\u2019s pedagogical legacy in particular, also called for a reformulation of \u2018national art cinema.\u2019 This course proposes an examination of the political, historical, and aesthetic conjunctures that allowed both the emergence and survival of, an often clandestine, experimentalism in the Iberian peninsula. The commitment to avant-garde practices pushed the envelope of political possibility by establishing an elective affinity and an affective transfer between the political and the aesthetic. By addressing this productive double enunciation through a transnational lens, this course seeks to shed new light on European peripheral cinematic avant-gardes through the reading of classical film theory. We will pay special attention to questions of non-synchronicity and filmic ontology, which were addressed by early film scholars and have remained central to an Iberian tradition of experimentalism. In addition to the films themselves, theoretical readings will include, among others, Jean Epstein, B\u00e9la Bal\u00e1zs, Gilles Deleuze, Andr\u00e9 Bazin, Serguei Eisentein, Jacques Ranci\u00e8re and Stanley Cavell. Primary materials will be drawn from the work of Pere Portabella, Jacinto Esteve, Antoni Padr\u00f3s, Albert Serra, Manoel de Oliveira, Ant\u00f3nio Reis, and Pedro Costa among others. Course will be conducted in English. Films will be subtitled in English as well. SPAN-GA 2975.002 Title: Introduction to Aesthetics and Literary Theory Instructor: Eduardo Subirats Day/Time : Monday 6:00-8:00pm Description : This seminar will focus on five major works of Western aesthetics: Kant, Schiller, Hegel, Schopenhauer, and Nietzsche. It will reconstruct central categories such as form, beauty, genius, and myth. It also will focus on a central category: the metaphysical (not moral) concept of will. Its ultimate goal is a critique of contemporary artistic decadence, literary commercialism and anti- aesthetics. SPAN-GA 2977.001 Title: Cubanologies: Altered States of the Nation Instructor: Ana Dopico Day/Time: Tuesday 1:30-3:30pm Description: This course works through the Cuban literary, visual, and musical canons to engage the periodizations and monuments of national culture. We will engage recent critical studies, historiography and social and cultural theory to establish a comparative analysis of the relation between state, nation, and empires. We will think about Cuba beyond an insular state and identity and examine the Latin American, hemispheric and global constellations that help us reframe Cuba as subject, fetish, concept, and ideological factory. SPAN-GA 2978.001 Title: High and Low: The Cultures of Latin American Modernismo Instructor: Laura Torres-Rodr\u00edguez Day/Time: Thursday 5:00-7:00pm Description: This class is an introduction to the debates around turn-of-the-nineteenth-century aesthetic production in Latin America. Recent academic contributions have interrogated the traditional understandings of modernista period, opening the field to more interdisciplinary methodologies. We will map this academic corpus and revisit key texts in the construction of a Latin American aesthetic culture and its contemporary influences. Modernismo is generally recognized as the epitome of high literary expression in Latin America because of its discourses on artistic autonomy. However, we will explore its relations to popular and material culture, consumption economies, and sexual politics. In addition to the study of canonical works for Latin America continental definition, we will examine the margins of the movement, known as bad modernism in order to propose other aesthetic categories for understanding modernista forms. This includes, among other approaches, affect and performance theory, political economy, and gender and postcolonial studies. This course will be conducted in Spanish. SPAN-GA 3545.001 Title: Dissertation Proposal Workshop Instructor: Georgina Dopico-Black Day/Time: Thursday, 2:00-4:00pm Description: Workshop to direct students toward the basic approaches and structure of the future dissertation, with the goal of writing a finished proposal . Home People Language Placement Undergraduate Program Graduate Programs Study Away News & Events Alumni Resources & Affiliations Ph.D. Portal Employment Opportunities Contact Us Stay Connected like us on Facebook Photo Credits Contact Us | © New York University , Arts and Science"}]},
{"detail": [{"content": "Spring 2015 PhD Course Offerings, Spanish and Portuguese | NYU Navigation NEW YORK UNIVERSITY ARTS AND SCIENCE COLLEGE OF ARTS AND SCIENCE GRADUATE SCHOOL OF ARTS AND SCIENCE Back to Home Spring 2015 PhD Course Offerings Click here to view schedule PORT-GA 1104.001 Title: Portuguese for Spanish Speakers Instructor : Carlos Veloso Day/Time: Monday 3:30-5:30pm Description: PORT-GA 1104 is an accelerated course for advanced Spanish speakers with a good command of Spanish grammar. It covers the fundamentals of the Portuguese language with a focus on Brazil. In this course, Spanish sentence patterns and vocabulary will be utilized as a basis for the study of similarities and differences between the two languages. Comparisons among sound systems (Spanish/English/Portuguese) will familiarize students with standard Portuguese pronunciation. Written responses to short readings ( cr\u00f4nicas , poetry, essays and articles) or visuals will help to review and expand grammar points and to practice transferring common features of Spanish into Portuguese syntax. Brief presentations on topics related to the arts and society will promote essential speaking skills. By the end of the semester students will be prepared to read complex materials and will have acquired basic proficiency in speaking, writing and understanding standard Portuguese. This is a zero credit course. A limited number of spots are available for students from other departments/programs. These spots will be allocated on a first come, first serve basis. Interested students should contact Edgardo N\u00fa\u00f1ez at edgardo.nunez@nyu.edu for permission to enroll. PORT-GA 2967.001 Title: The New Documentary Film in Brazil Instructor: Marta Peixoto Day/Time: Wednesday 4:00-6:00pm Description: In Brazil, as elsewhere, the last twenty-some years have seen a surge in documentary filmmaking, aided by the availability of lightweight and inexpensive recording technologies. This increase in Brazil, part of the Retomada or Renewal of cinema of all kinds in the 1990s, made possible by favorable government policies, was accompanied by a parallel surge in critical thinking about the genre. This course, CONDUCTED IN ENGLISH, will examine a selection of these Brazilian films from the 1990s to the present, in connections with film criticism and relevant film theory (Jacques Ranci\u00e8re, Andr\u00e9 Bazin, and others), in a context of earlier influential American and European documentary movements and filmmakers (direct cinema, cin\u00e9ma v\u00e9rit\u00e9, Frederick Wiseman, Jean Rouch, Agn\u00e8s Varda) and of Brazil's Cinema Novo. We will consider documentary film transnationally as a genre in its distinction and confluences with fiction films, explore issues such as: new modes of representation of \"a voz do povo,\" the uses of fiction in documentary film, ethical concerns about the respectful use of other people's images and words, and the construction of complex images of Brazil changing political and social landscape since the end of the military dictatorship. Students will expand their critical and theoretical vocabulary with regard to film and try their hand at film criticism. They may choose a final project on documentary film from elsewhere in Latin America or Spain. Readings for the course are available in one or more of the following ways: for purchase online (amazon.com or elsewhere), posted on NYU Classes, or at Bobst library. The films are on reserve at the Avery Fisher Film Library at Bobst. SPAN-GA 2965.001 Title: Reading Modern Spanish Culture through Raymond Williams Instructor: Jo Labanyi Day/Time: Wednesday 2:00-4:00pm Description: The course will revisit the writings of Raymond Williams, whose pioneering work in cultural studies from the 1950s to the 1980s had an important influence on Latin American cultural critics but has been relatively little used by scholars of Spain. We will discuss a number of key concepts theorized by Williams, trying them out, through close reading undertaken collectively in class, as ways of reading excerpts from a wide range of Spanish cultural texts from the 19 th century to the present. The latter will include fiction, drama, poetry, essays, travel writing, and journalism (including television journalism). The aim will be to develop critical tools for exploring the relationship between cultural texts and social processes, showing how each can illuminate the other. In particular, we will pursue Williams\u2019 insight that the analysis of literary forms can offer an understanding of social forms. The course will be taught in English to give Spanish-native-speaker students increased academic competence in English. Texts: This course is going to be something of an experiment. Unlike most courses, which have a limited selection of core literary and cultural texts supplemented by a large amount of critical reading, in this case the core texts will be critical works by Williams, which will be read in relation to a large selection of short literary and cultural texts (mostly excerpts). Works by Raymond Williams Ordered for NYU Bookstore (you should buy these): Modern Tragedy (1966) The Country and the City (1973) Keywords: A Vocabulary of Culture and Society (1976; rev. ed. 2014) Marxism and Literature (1977) The Sociology of Culture (1982; orig. Culture , 1981) Selections from the following will be made available: Culture and Society (1958) The Long Revolution (1961) Politics and Letters: Interviews with New Left Review (1979) Culture and Materialism (2005; orig. Problems in Materialism and Culture , 1980) Writing in Society (1983) Politics of Modernism (1989) Spanish literary and cultural texts These will be short texts or excerpts from longer texts, made available via NYU Classes or available online. They are expected to be as follows (there may be some changes): \u00b7 Jos\u00e9 de Espronceda\u2019s \u201cCanciones\u201d (Pirata, Mendigo, Reo de muerte, Verdugo, Cosaco) (poetry, late 1830s) \u00b7 Duque de Rivas, Don \u00c1lvaro o la fuerza del sino (play, 1835) \u00b7 Wenceslao Ayguals de Izco, Mar\u00eda o la hija de un jornalero (follet\u00edn, 1845) (available as Google e-book) \u00b7 Concepci\u00f3n Arenal, Cartas a los delincuentes (essays, 1865) (on www.cervantesvirtual.com ) \u00b7 Juan Valera, Pepita Jim\u00e9nez (novel, 1874) (at www.gutenberg.org ) \u00b7 Leopoldo Alas, El hambre en Andaluc\u00eda (journalism, 1882) \u00b7 Leopoldo Alas, La Regenta (novel, 1884-1885) (at www.gutenberg.org ) \u00b7 Emilia Pardo Baz\u00e1n, Los pazos de Ulloa (novel, 1886) (at www.gutenberg.org ) \u00b7 Jos\u00e9 Mar\u00eda de Pereda, Pe\u00f1as arriba (1895) (at www.gutenberg.org ) \u00b7 Benito P\u00e9rez Gald\u00f3s, Nazar\u00edn (novel, 1895) (on www.cervantesvirtual.com ) \u00b7 Miguel de Unamuno, En torno al casticismo (essays, 1895) (at www.es.wikisource.org ) \u00b7 Miguel de Unamuno, Del sentimiento tr\u00e1gico de la vida (essays, 1912) (various online sources) \u00b7 Miguel de Unamuno, San Manuel Bueno, m\u00e1rtir (novella, publ. in La Novela de Hoy subscription series, 1931; as book, 1933) \u00b7 Ram\u00f3n Mar\u00eda del Valle-Incl\u00e1n, Romance de lobos (Comedia b\u00e1rbara) (play, 1908) (at www.gutenberg.org ) \u00b7 Carmen de Burgos, El art\u00edculo 438 (novella, publ. in La Novela Semanal subscription series, 1921) \u00b7 Salvador Segu\u00ed, Escuela de rebeld\u00eda (novella; publ. posthumously in La Novela de Hoy subscription series, 1923) \u00b7 Jos\u00e9 Ortega y Gasset, La deshumanizaci\u00f3n del arte (1925) \u00b7 Federico Garc\u00eda Lorca, As\u00ed que pasen cinco a\u00f1os (play, written 1931) \u00b7 Ernesto Gim\u00e9nez Caballero, Genio de Espa\u00f1a (essay, 1932) \u00b7 Miguel Hern\u00e1ndez, Vientos del pueblo me llevan (poetry, 1937) \u00b7 Rafael Alberti, Radio Sevilla (agitprop play, 1937) \u00b7 Selection of poetry written by Republican soldiers during the Spanish Civil War \u00b7 Carmen Laforet, Nada (novel, 1945) \u00b7 Gabriel Celaya, Cantos iberos (poems, 1955) \u00b7 Juan Goytisolo, Se\u00f1as de identidad (novel, 1966) \u00b7 Jos\u00e9 Sanchis Sinisterra, Terror y miseria en el primer franquismo (plays, written 1979-2002; publ. 2003) \u00b7 Juan Eduardo Z\u00fa\u00f1iga, Largo noviembre de Madrid (short stories, 1980) \u00b7 Julio Llamazares, El r\u00edo del olvido (travel writing, 1990) \u00b7 Dulce Chac\u00f3n, Cielos de barro (novel, 2000) \u00b7 Montse Armengou & Ricard Belis, Les fosses del silenci / Las fosas del silencio (documentary for Catalan television TV3, 2003) SPAN-GA 2967.001 Title: Po\u00e9ticas del delirio en Puerto Rico Instructor: Rub\u00e9n R\u00edos \u00c1vila Description: Este seminario propone la bancarrota como un lugar productivo desde donde re-imaginar a Puerto Rico y su precario lugar \"entre\" las Am\u00e9ricas. \u00bfQu\u00e9 significa la reciente devaluaci\u00f3n del cr\u00e9dito en el contexto de la que fuera \"vitrina del Caribe\" para las utop\u00edas liberales de los a\u00f1os cincuenta y de qu\u00e9 modo la producci\u00f3n art\u00edstica y cultural m\u00e1s reciente re-significa la cat\u00e1strofe, encontrando all\u00ed modos expresivos del delirio, es decir, racionalidades alternas que descubren en la ruina, el detritus, el margen, el desv\u00edo, la pobreza, el tranque, o el fracaso los rudimentos para una po\u00e9tica que es tambi\u00e9n una pol\u00edtica. \u00bfDe qu\u00e9 modo produce este inh\u00f3spito contra-canon una nueva plantilla para una posible escritura desde Puerto Rico y su di\u00e1spora, fuera de las usuales territorialidades de la naci\u00f3n por venir? En este contexto leemos textos de Manuel Ramos Otero, Aurea Sotomayor, Rafael Acevedo, Eduardo Lalo, Luis Negr\u00f3n, Justin Torres, as\u00ed como obra f\u00edlmica de Carmen Oquendo, Antonio Santini y \u00c1lvaro Aponte y textos te\u00f3rico-cr\u00edticos de Juan Duchesne, Arnaldo Cruz, Jossiana Arroyo, Carlos Pab\u00f3n y Agnes Lugo. SPAN-GA 2967.002 Title: Borders and Diasporas Instructor : Tom\u00e1s Urayo\u00e1n Noel Day/Time: Tuesday 4:00-6:00pm Description: This course seeks to trace the evolution of border and diaspora as key terms in literary and cultural studies over the past two decades. Books such as Gloria Anzald\u00faa's Borderlands/La Frontera: The New Mestiza (1987) and Paul Gilroy's The Black Atlantic: Modernity and Double Consciousness (1993) helped shape contemporary understandings of these two terms by mapping the Mexico-U.S. borderlands and the black Atlantic as what James Clifford calls \u201cproductive sites of crossing; complex, unfinished paths between local and global attachments.\u201d While considering these and other foundational interventions, we will also explore how more recent work engages other borders (e.g. Haiti-Dominican Republic, Canada-U.S.) and diasporas (e.g. Caribbean, Pacific) as well as new spatial logics (e.g. the neoliberal city, the carceral border, digital cultures). Although we will pay particular attention to U.S. Latina/o and Caribbean contexts, students are welcome and in fact encouraged to explore borders and diasporas in ways that intersect with their own research. Critical readings may include works by Gloria Anzald\u00faa, Paul Gilroy, Guillermo G\u00f3mez-Pe\u00f1a, Stuart Hall, Claire Fox, N\u00e9stor Garc\u00eda Canclini, Heriberto Y\u00e9pez, Silvio Torres-Saillant, Ram\u00f3n Sald\u00edvar, Juan Flores, Alicia Schmidt Camacho, Brent Hayes Edwards, Alejandro Lugo, and Michelle M. Wright. Additionally, we may engage with popular music and film, and with literary texts, performances, and/or installations by Am\u00e9rico Paredes, Josefina B\u00e1ez, Craig Santos Perez, Reina Mar\u00eda Rodr\u00edguez, Alan Michelson, Pedro Pietri, Teddy Cruz, and M. NourbeSe Philip, among others. We will likely also have a number of guest speakers, readers, and/or performers. (This course will be conducted in English; reading knowledge of Spanish is not required.) SPAN-GA 2968.001 Title: Disputar lo precario. Recorridos de la cultura en el Cono Sur y Brasil (1970-2010) Instructor: Gabriel Giorgi Day/Time: Monday 2:00-4:00pm Description : Quiz\u00e1 una de las marcas m\u00e1s perdurables que la llamada \u201cera neoliberal\u201d imprimi\u00f3 sobre los lenguajes p\u00fablicos sea la constelaci\u00f3n de sentidos y afectos en torno a la precariedad. Precarizaci\u00f3n, precariado, precariedad/precaridad: modos, ciertamente heterog\u00e9neos, de nombrar el desfondamiento vertiginoso de la promesas de seguridad y estabilidad que tanto el Estado de bienestar como la sociedad neoliberal hab\u00edan instalado desde la segunda mitad del siglo XX. En esa constelaci\u00f3n alrededor de la precariedad emerge una dimensi\u00f3n clave: la de una vida que aparece, con un relieve cada vez m\u00e1s n\u00edtido, bajo la luz de una nueva gesti\u00f3n pol\u00edtica de la vulnerabilidad. En ese contexto, ciertos recorridos de la cultura en Am\u00e9rica Latina parecen haber ensayado, al menos desde los a\u00f1os 70, modos de nombrar, de disputar y de narrar los sentidos posibles de esa precariedad vuelta punto de gravitaci\u00f3n de la imaginaci\u00f3n pol\u00edtica. El seminario se propone interrogar los modos por los cuales el trabajo est\u00e9tico y cultural en torno a lo precario funcion\u00f3 como uno de los vectores creativos m\u00e1s productivos en las \u00faltimas d\u00e9cadas, donde la precariedad, lejos de ser una condici\u00f3n fija, estabilizada y definitiva, se vuelve la instancia de una reconfiguraci\u00f3n de sensibilidades y de debates en torno a lo com\u00fan. Dos dimensiones parecen especialmente productivas para pensar estas disputas en torno a lo precario: por un lado, la emergencia de territorialidades heterog\u00e9neas (Zibechi, Ludmer, Rodriguez), irreductibles a la distribuci\u00f3n entre p\u00fablico/privado, nacional/global, rural/urbano; por otro, ficciones y testimonios en torno a econom\u00edas alternativas, a la vez que ef\u00edmeras y estrat\u00e9gicas, que pasan por el reciclaje de los despojos y las ruinas del capital y por nuevas relaciones con lo natural y lo viviente. En estas dimensiones se conjugan tensiones al interior de la denominada \u201csubjetividad neoliberal\u201d , y se reconfigura la relaci\u00f3n entre lo com\u00fan y lo viviente; all\u00ed la cultura parece encontrar nuevos terrenos para pensarse pol\u00edticamente, a la vez que desdibuja sus propios l\u00edmites y tensa su misma especificidad. Los materiales a analizar incluyen textos de Rodolfo Fogwill, Clarice Lispector , Sergio Chejfec, Gabriela Cabez\u00f3n C\u00e1mara, Diamela Eltit, Rafael Pinedo, Vinicius Faustini y Iosi Havilio. Tambi\u00e9n discutiremos films de Mendon\u00e7a Filho y Eduardo Coutinho, junto a materiales te\u00f3ricos e hist\u00f3ricos de Judith Butler, Ra\u00fal Zibechi, Ignacio Lewcowicz, Pierre Dardot y Christian Larval, Maurizio Lazzarato, Brett Nelson y Ned Rossiter, entre otros . SPAN-GA 2968.002 (This course originates in CLACS) Title: Latin American Independence in the Age of Revolution Instructors: Sibylle Fischer and Sinclair Thomson Day/Time : Monday 2:00 - 4:45pm, plus Monday evening lectures SPAN-GA 2975.001 Title: Iberian Cultures and the Experimental Filmic Imagination Instructor: Sara Nadal-Melsio Day/Time : Wednesday 6:00-8:00pm Description: The social and political imaginaries of Francoist Spain created a singular instance of temporal dislocation in the filmic avant-garde of the 1960s and 70s. Portuguese novo cinema, and Ant\u00f3nio Reis\u2019s pedagogical legacy in particular, also called for a reformulation of \u2018national art cinema.\u2019 This course proposes an examination of the political, historical, and aesthetic conjunctures that allowed both the emergence and survival of, an often clandestine, experimentalism in the Iberian peninsula. The commitment to avant-garde practices pushed the envelope of political possibility by establishing an elective affinity and an affective transfer between the political and the aesthetic. By addressing this productive double enunciation through a transnational lens, this course seeks to shed new light on European peripheral cinematic avant-gardes through the reading of classical film theory. We will pay special attention to questions of non-synchronicity and filmic ontology, which were addressed by early film scholars and have remained central to an Iberian tradition of experimentalism. In addition to the films themselves, theoretical readings will include, among others, Jean Epstein, B\u00e9la Bal\u00e1zs, Gilles Deleuze, Andr\u00e9 Bazin, Serguei Eisentein, Jacques Ranci\u00e8re and Stanley Cavell. Primary materials will be drawn from the work of Pere Portabella, Jacinto Esteve, Antoni Padr\u00f3s, Albert Serra, Manoel de Oliveira, Ant\u00f3nio Reis, and Pedro Costa among others. Course will be conducted in English. Films will be subtitled in English as well. SPAN-GA 2975.002 Title: Introduction to Aesthetics and Literary Theory Instructor: Eduardo Subirats Day/Time : Monday 6:00-8:00pm Description : This seminar will focus on five major works of Western aesthetics: Kant, Schiller, Hegel, Schopenhauer, and Nietzsche. It will reconstruct central categories such as form, beauty, genius, and myth. It also will focus on a central category: the metaphysical (not moral) concept of will. Its ultimate goal is a critique of contemporary artistic decadence, literary commercialism and anti- aesthetics. SPAN-GA 2977.001 Title: Cubanologies: Altered States of the Nation Instructor: Ana Dopico Day/Time: Tuesday 1:30-3:30pm Description: This course works through the Cuban literary, visual, and musical canons to engage the periodizations and monuments of national culture. We will engage recent critical studies, historiography and social and cultural theory to establish a comparative analysis of the relation between state, nation, and empires. We will think about Cuba beyond an insular state and identity and examine the Latin American, hemispheric and global constellations that help us reframe Cuba as subject, fetish, concept, and ideological factory. SPAN-GA 2978.001 Title: High and Low: The Cultures of Latin American Modernismo Instructor: Laura Torres-Rodr\u00edguez Day/Time: Thursday 5:00-7:00pm Description: This class is an introduction to the debates around turn-of-the-nineteenth-century aesthetic production in Latin America. Recent academic contributions have interrogated the traditional understandings of modernista period, opening the field to more interdisciplinary methodologies. We will map this academic corpus and revisit key texts in the construction of a Latin American aesthetic culture and its contemporary influences. Modernismo is generally recognized as the epitome of high literary expression in Latin America because of its discourses on artistic autonomy. However, we will explore its relations to popular and material culture, consumption economies, and sexual politics. In addition to the study of canonical works for Latin America continental definition, we will examine the margins of the movement, known as bad modernism in order to propose other aesthetic categories for understanding modernista forms. This includes, among other approaches, affect and performance theory, political economy, and gender and postcolonial studies. This course will be conducted in Spanish. SPAN-GA 3545.001 Title: Dissertation Proposal Workshop Instructor: Georgina Dopico-Black Day/Time: Thursday, 2:00-4:00pm Description: Workshop to direct students toward the basic approaches and structure of the future dissertation, with the goal of writing a finished proposal . Home People Language Placement Undergraduate Program Graduate Programs Study Away News & Events Alumni Resources & Affiliations Ph.D. Portal Employment Opportunities Contact Us Stay Connected like us on Facebook Photo Credits Contact Us | © New York University , Arts and Science"}, {"content": "Course Offerings, Spanish and Portuguese | NYU Navigation NEW YORK UNIVERSITY ARTS AND SCIENCE COLLEGE OF ARTS AND SCIENCE GRADUATE SCHOOL OF ARTS AND SCIENCE Back to Home Course Offerings Jump To: Portuguese Language Courses Brazilian and Portuguese Studies Courses Spanish Language Courses Quechua Advanced Language Advanced Language Electives Foundation Courses Advanced Courses Portuguese Language Courses Elementary-level courses stress the structures and patterns that permit meaningful communication in and outside the classroom. The intermediate-level courses aim to promote fluency in speaking, as well as proficiency in reading and writing. Both include readings and discussions of Portuguese and Brazilian texts, film, and other media. Successful completion of Intermediate Portuguese II (PORT-UA 4) fulfills the MAP language requirement. Portuguese for Beginners, Level I PORT-UA 1 Open to students with no previous training in Portuguese and no knowledge of Spanish and to others on assignment by placement test. 4 points. Beginning course designed to teach the elements of Portuguese grammar and language structure through a primarily oral approach. Emphasis is on building vocabulary and language patterns to encourage spontaneous language use in and out of the classroom. Portuguese for Beginners, Level II PORT-UA 2 Open to students with some previous training in Portuguese, equivalent to one semester of non-intensive college study, based on assignment by the appropriate placement test or by taking PORT-UA 1 at NYU. 4 points. Second part of a beginning course sequence designed to teach the elements of Portuguese grammar and language structure through a primarily oral approach. Emphasis is on building vocabulary and language patterns to encourage spontaneous language use in and out of the classroom. Intensive Elementary Portuguese PORT-UA 10 Open to students with no previous training in Portuguese and no knowledge of Spanish and to others on assignment by placement test. 6 points. Intensive Elementary Portuguese for Spanish Speakers PORT-UA 11 Prerequisite: native or near-native fluency in Spanish. 4 points. Accelerated introduction to spoken and written Portuguese. Intermediate Portuguese I PORT-UA 3 Prerequisite: Elementary Portuguese (PORT-UA 10), Portuguese for Beginners, Level II (PORT-UA 2), placement, or permission of the director of undergraduate studies. Continuation of PORT-UA 10 and PORT-UA 2. 4 points. Intermediate Portuguese II PORT-UA 4 Prerequisite: Intermediate Portuguese I (PORT-UA 3), placement, or permission of the director of undergraduate studies. Continuation of PORT-UA 3. 4 points. Brazilian and Portuguese Studies Courses When taught in Portuguese, the following courses have as a prerequisite Intermediate Portuguese II (PORT-UA 4) or permission of the director of undergraduate studies. Topics in Brazil Studies PORT-UA 700, 701 4 points. Special topics in Brazil Studies, focused on Brazilian culture, society, and/or arts and the relationship between them. Fiction into Film: Brazilian Novels and their Screen Adaptations PORT-UA 702 When cross-listed with Spanish, also carries the number SPAN-UA 702. Offered every other year. 4 points. Focused on the adaptation of novels into film, this course provides an introduction to Brazilian literature (including the work of Machado de Assis, Graciliano Ramos, Mario de Andrade, Jo\u00e3o Guimar\u00e3es Rosa, Clarice Lispector, Chico Buarque de Hollanda, Paulo Lins) and to the rich tradition of Brazilian film (from Cinema Novo of the 1960s to its legacy and revision in contemporary film-making). The course invites students to reflect on the theoretical and technical dimensions of adapting fiction to film. Conducted in Portuguese. Narrating Poverty in Brazilian Literature and Film PORT-UA 704 When cross-listed with Spanish, also carries the number SPAN-UA 706. Offered every other year. 4 points. Literary works in various genres (novels, autobiography, short stories) and Brazilian films (Cinema Novo and after, including documentaries), which narrate the experience of poverty. The course explores the politics and poetics of representing scarcity and deprivation in texts by Graciliano Ramos, Carolina Maria de Jesus, Clarice Lispector, Rubem Fonseca, and Patricia Melo and in a range of films including Barren Lives, The Scavengers, The Hour of the Star, Pixote, Bus 174, City of God, Babil\u00f4nia 2000, and Black Orpheus. The New Brazilian Documentary PORT-UA 706 When cross-listed with Spanish, also carries the number SPAN-UA 706. Offered every other year. 4 points. Brazilian documentary film-making and critical thinking about this genre from the 1990s to the present. Explores such issues as the uses of fact and fiction and the blurring of lines between them; ethical concerns about the use of other people\u2019s images and words; and the construction of layered and complex images of Brazil. Modern Brazilian Fiction PORT-UA 821 When conducted in English, this course is numbered PORT-UA 820. Offered every other year. 4 points. Introduction to the fiction of 19th- and 20th-century Brazil. Studies the development of a national literature within the broader context of cultural and literary history. The Brazilian Short Story PORT-UA 830 Offered periodically. 4 points . Examines formal aspects of the Brazilian short story while developing skills in written and spoken Portuguese. Authors include Machado de Assis, Lima Barreto, M\u00e1rio de Andrade, Jo\u00e3o Guimar\u00e3es Rosa, Clarice Lispector, Rubem Fonseca, and Jo\u00e3o Gilberto Noll. Topics in Brazil Studies PORT-UA 850 When taught in English, carries the number PORT-UA 851. Offered every year. 4 points. Special topics in Brazil Studies, focused on Brazilian culture, society, and/or arts and the relationship between these. Recent topics include Brazilian architecture, the Amazon, and Brazilian poetry and song. Independent Study PORT-UA 997, 998 Prerequisite: permission of the director of undergraduate studies. Open only to majors. Available every semester. 2 or 4 points per term. Spanish Language Courses Placement in Spanish Language Courses The placement of students in Spanish language and literature courses is explained under \" Placement Examinations \" in the Academic Policies section of this Bulletin. To enroll in a Spanish language course, students must have taken the SAT Subject Test in Spanish Language or the placement examination administered by the University. Students from a Spanish-speaking background who wish to study the language may not enroll in any level of Spanish for Beginners (SPAN-UA 1, SPAN-UA 2, and SPAN-UA 10) or Intermediate Spanis h (SPAN-UA 3, SPAN-UA 4, and SPAN-UA 20), but must instead enroll in Spanish for Spanish Speakers (SPAN-UA 11) or Advanced Spanish for Spanish Speakers (SPAN-UA 111) after taking a written placement test in the department. Fulfillment of MAP Language Requirement Successful completion of Intermediate Spanish II (SPAN-UA 4) or Intensive Intermediate Spanish (SPAN-UA 20). Students from Spanish-speaking backgrounds complete Spanish for Spanish Speakers (SPAN-UA 11) or Advanced Spanish for Spanish Speakers (SPAN-UA 111). Admission to Courses Beyond Intermediate Spanish Students who have completed Intermediate Spanish I and II (SPAN-UA 3 and SPAN-UA 4) or Intensive Intermediate Spanish (SPAN-UA 20) must take Advanced Grammar and Composition (SPAN-UA 100) as a preparation for upper-level courses. Spanish for Beginners I SPAN-UA 1 Open to students with no previous training in Spanish and to others on assignment by placement test. 4 points. Beginning course designed to teach the elements of Spanish grammar and language structure through a primarily oral approach. Emphasis is on building vocabulary and language patterns to encourage spontaneous language use in and out of the classroom. After completion of this course, students take SPAN-UA 2. Spanish for Beginners II SPAN-UA 2 Prerequisite: Spanish for Beginners I (SPAN-UA 1) or placement. Continuation of SPAN-UA 1. 4 points. Focus is on the basic elements of Spanish grammar not covered in SPAN-UA 1. Emphasis is on building vocabulary and language patterns to encourage spontaneous language use in and out of the classroom. After completion of this course, students take SPAN-UA 3. Students with a B+ or higher may enroll in Intensive Intermediate Spanish (SPAN-UA 10). Intermediate Spanish I SPAN-UA 3 Prerequisite: Spanish for Beginners II (SPAN-UA 2), Intensive Elementary Spanish (SPAN-UA 10), or placement. 4 points. Review of grammar, language structure, and culture, concentrating on fluency and accuracy through listening, speaking, reading, and writing activities. After completion of this course, students take SPAN-UA 4. Intermediate Spanish II SPAN-UA 4 Prerequisite: Intermediate Spanish I (SPAN-UA 3) or placement. Continuation of SPAN-UA 3. 4 points. Readings and discussions of contemporary Hispanic texts and review of the main grammatical concepts of Spanish. Completion of this course fulfills the MAP foreign language requirement. Intensive Elementary Spanish SPAN-UA 10 Open to students with some previous training in Spanish or other Romance language (one year of high school Spanish or the equivalent, or two years of high school French, Italian, or Latin) and to others on assignment by placement exam or in consultation with the director of the Spanish language program. 6 points. This is a one-semester intensive course that covers the equivalent of one year of Elementary Spanish (SPAN-UA 1 and SPAN-UA 2). Students with a final grade of B+ or better in SPAN-UA 10 may enroll in SPAN-UA 20. Other students may continue to SPAN-UA 3. Spanish for Spanish Speakers SPAN-UA 11 Prerequisite: permission of the director of the Spanish language program. Offered every semester. 4 points. An introductory course in Spanish designed for heritage speakers who understand spoken Spanish but need to further develop their speaking, reading, and writing skills. This course serves as a formal introduction to Spanish grammar. In addition to grammar and vocabulary review, this course incorporates cultural and literary readings in Spanish to develop written and oral communication skills. Completion of this course fulfills the MAP foreign language requirement. Intensive Intermediate Spanish SPAN-UA 20 Prerequisite: Intensive Elementary Spanish (SPAN-UA 10), Spanish for Beginners II (SPAN-UA 2) with a final grade of a B+ or better, or permission of the director of the Spanish language program. 6 points. Promotes proficiency in reading and writing as well as oral performance. SPAN-UA 20 is an intensive intermediate course that covers the equivalent of one year of Intermediate Spanish (SPAN-UA 3 and SPAN-UA 4) in one semester. Completion of this course fulfills the MAP foreign language requirement. Quechua Quechua is the most important and widely spoken indigenous language in Latin America. Increasing numbers of Quechua speakers have migrated to Spain, Italy, and the United States (especially in New Jersey and New York City). The goal in the four-course sequence is communication in Quechua, which is emphasized in all of the classroom activities. The approach uses all four language skills: listening, speaking, reading, and writing. Successful completion of Intermediate Quechua II (SPAN-UA 84) fulfills the MAP language requirement. Beginning Quechua I SPAN-UA 81 No prerequisite. 4 points. Beginning Quechua II SPAN-UA 82 Prerequisite: Beginning Quechua I (SPAN-UA 81) or permission of the instructor. 4 points. Continuation of SPAN-UA 81. Intermediate Quechua I SPAN-UA 83 Prerequisite: Beginning Quechua II (SPAN-UA 82) or permission of the instructor. 4 points. An intermediate-level course that provides students with a deeper understanding of the Quechua language. Intermediate Quechua II SPAN-UA 84 Prerequisite: Intermediate Quechua I (SPAN-UA 83) or permission of the instructor. 4 points. Continuation of SPAN-UA 84. Completion of Intermediate Quechua II satisfies the MAP foreign language requirement. Advanced Language Advanced Grammar and Composition SPAN-UA 100 Prerequisite: Intermediate Spanish II (SPAN-UA 4), Intensive Intermediate Spanish (SPAN-UA 20), or permission of the director of the Spanish language program. For non-native speakers only. Spanish native speakers should register for SPAN-UA 111. Offered every semester. 4 points. Advanced Spanish for Spanish-Speaking Students SPAN-UA 111 Prerequisite: Spanish for Spanish Speakers (SPAN-UA 11) or permission of the director of Spanish language programs. Offered every semester. 4 points. For native and quasi-native speakers of Spanish with uneven formal training in the language. Advanced Language Electives Advanced Spanish Conversation SPAN-UA 101 Prerequisite: Advanced Grammar and Composition (SPAN-UA 100). Offered every semester. 4 points. Intensive course in spoken Spanish, designed to give the student fluency in the use of idiomatic, everyday language as well as a comprehensive, practical vocabulary. For non-native speakers only. Advanced Spanish Conversation for the Medical Profession SPAN-UA 102 Prerequisite: Advanced Grammar and Composition (SPAN-UA 100), SAT II score of 720, or equivalent. Offered periodically. 4 points. Designed to expand students\u2019 speaking skills beyond the practical, day-to-day language functions in a medical context. The goal is a more complex and technical proficiency of Spanish in a medical context, through the practice of pronunciation, vocabulary, idioms, and linguistic structures. For non-native speakers only. Techniques of Translation SPAN-UA 110 Prerequisite: Advanced Grammar and Composition (SPAN-UA 100). Offered in the fall. 4 points. Theory and practice of translation through comparison of Spanish and English grammar, syntax, and style. Topics in Advanced Language SPAN-UA 190 Workshop and/or seminar. Prerequisite: Advanced Grammar and Composition (SPAN-UA 100). Offered every year. 2-4 points. Topics in advanced language study. Varies by semester and instructor, but may include Spanish for the Professions (Spanish for Law, Business, and Medicine) or advanced topics in the practical use of the language (Public Speaking, Spanish for Research). See department for specific course offerings. Introduction to Creative Writing in Spanish SPAN-UA 225 Prerequisite: Critical Approaches: Reading, Writing, and Textual Analysis (SPAN-UA 200) or permission of the instructor. Offered every semester. 4 points. Students reflect on the creative process while developing their own writing. Students read exemplary poems and short stories by Latin American and Spanish authors, and expand writing skills through related exercises. Advanced Poetry Workshop in Spanish SPAN-UA 320 Prerequisite: Critical Approaches: Reading, Writing, and Textual Analysis (SPAN-UA 200) or permission of the instructor. Offered every other semester. 4 points. Students refine their skills in poetry writing through collaborative work and individual guidance from the instructor, and through close reading of individual poems, excerpts from poetry collections, and complete books of poems written by contemporary Latin American and Spanish poets. Advanced Fiction and Nonfiction Workshop in Spanish SPAN-UA 325 Prerequisite: Critical Approaches: Reading, Writing, and Textual Analysis (SPAN-UA 200) or permission of the instructor. Offered every other semester. 4 points. Students refine their skills in fiction and nonfiction writing through close reading of short stories, a novella, and personal essays and excerpts from testimonies and autobiographies written by contemporary Latin American and Spanish authors. Fiction and nonfiction prose are studied side by side, to analyze specific techniques and structures of each particular form. Foundation Courses Critical Approaches: Reading, Writing, and Textual Analysis SPAN-UA 200 Prerequisite: Advanced Grammar and Composition (SPAN-UA 100) or equivalent. Taught in Spanish. Offered every semester. 4 points. Introduction to literary and cultural analysis through close reading of and writing about texts from Spain and Spanish America. The Iberian Atlantic SPAN-UA 300 No prerequisites. Taught in English, with one section available in Spanish. Offered every semester. 4 points. Explores the Iberian Atlantic world, from Islamic Spain and indigenous America to the era of Spanish and Portuguese conquest and colonization, to understand how the Iberian Peninsula, Western Africa, and the Americas were tied to one another in a vast oceanic inter-culture. Cultural History of Latin America SPAN-UA 305 Prerequisite: Critical Approaches: Reading, Writing, and Textual Analysis (SPAN-UA 200). Taught in Spanish. Offered once per year. 4 points. Provides an introduction to the making of modern Latin America through the study of key cultural practices in literature, visual art, film, and performance from the 19th century to the present. The course is organized around key concepts, which may vary by semester and by instructor. Cultural History of Spain SPAN-UA 310 Prerequisite: Critical Approaches: Reading, Writing, and Textual Analysis (SPAN-UA 200). Taught in Spanish. Offered once per year. 4 points. Provides an introduction to the making of modern Spain through the study of key cultural practices in literature, visual art, film, and performance from the 19th century to the present. The course is organized around key concepts, which may vary by semester and by instructor. Advanced Courses When the following courses are taught in Spanish, they carry as a prerequisite Critical Approaches: Reading, Writing, and Textual Analysis (SPAN-UA 200). Chronicles and Travel Literature of the Colonial World SPAN-UA 273 Identical to MEDI-UA 273. Offered periodically. 4 points. Chronicles of the encounter between Spain and non-European cultures. Diaries and memoirs of explorers and travelers such as Columbus, Bernal D\u00edaz de Castillo, el Inca Garcilaso, and Cabeza de Vaca. Reading Realism: La Regenta (novel, 1884-1885) and TV series (1994-1995) SPAN-UA 308 Conducted in Spanish. Offered periodically. 4 points. The seminar will focus on the Spanish realist novel La Regenta by Leopoldo Alas (1885-1885), a major 19th-century European novel of female adultery which has become established as a classic of world literature. The aim is to provide an environment in which students can tackle a very long text (approximately 700 pages), which all students of Spanish literature should know, by considering manageable sections of the novel in different weeks, in each case exploring different issues relating to realism and 19th-century Spanish culture. Alongside the novel, we will look at the 3-part television adaptation of 1994-1995 directed by Fernando M\u00e9ndez-Leite for Spanish state television, available on DVD and on Spanish state television\u2019s web site. Islam in Spain SPAN-UA 333 Offered periodically. 4 points. Explores the key role Spain has played throughout history in the relationship between Islam and the West, between Europe and Mediterranean Islamic countries, and explores the mutual influences between Spain and particularly Morocco throughout history, from Al-Andalus (the Islamic state in the Iberian Peninsula in the medieval period) to the present. We study modern Spain\u2019s colonial presence in Morocco and the subsequent process of decolonizing, asking how these have shaped current international relations between the neighboring countries. Finally, we explore the role that present-day immigrant communities from Morocco have played in the creation of immigrant policies in Spain vis-\u00e0-vis its African neighbors. Is Spanish One Language? SPAN-UA 355 Offered every year. 4 points. This course seeks to familiarize students with the historical, geographical, ethnic, and sociolinguistic factors that contributed to the large variety of Spanish dialects spoken in the Americas. Why do people in Costa Rica speak like those in Uruguay and not like their neighbors in Panama? Why do Colombians have a different vocabulary in Bogot\u00e1 and in Cartagena de Indias? In this course, we explore the factors that combined to create wide variations of Castilian in the Americas, a language that was itself subject to drastic changes since its evolution from Latin roots. Pre-Hispanic Literature: The World of the Aztecs, Incas, and Mayas SPAN-UA 370 Offered periodically. 4 points. Texts from the Aztec, Inca, and Maya civilizations as expressions of their society, religion, and relationship with nature, as well as reflections of a highly developed aesthetic sensibility. Cervantes SPAN-UA 371 Identical to MEDI-UA 335. Offered every other year. 4 points. Close readings of the principal prose works, particularly Don Quijote and/or the Novelas ejemplares, supplemented by critical and historical readings. Special attention paid to questions of madness and desire, authorship, the seductions and the dangers of reading, the status of representation, the relation between history and truth, the Inquisition, Spanish imperialism, the New World, the Morisco expulsion, and more. Theatre and Poetry of the Spanish Golden Age SPAN-UA 421 Offered every other year. 4 points. Selected texts from Spain during the 16th and 17th centuries (traditionally considered the Golden Age of Spanish art and literature), read in the context of Counter-Reformation culture and Spain\u2019s changing place in early modern Europe. Authors include Garcilaso, Lope de Vega, Tirso de Molina, Calder\u00f3n de la Barca, Quevedo, and G\u00f3ngora. The course may be taught with a focus on theatre or poetry (or both). History of Spanish Art from 1890 to the Present SPAN-UA 426 When taught in English, carries the course number SPAN-UA 425. Offered every other year. 4 points. Survey of the major artists, movements, and institutions that shaped Spanish art from the end of the 19th century to the end of the 20th, including Antoni Gaud\u00ed, Pablo Picasso, Joan Mir\u00f3, Luis Bu\u00f1uel, Salvador Dal\u00ed, Antoni T\u00e0pies, Equipo Cr\u00f3nica, and Pedro Almod\u00f3var. Themes include the reception of the European avant-garde; the debate between \"pure\" and \"social\" art; the use of history and myth in the construction of national artistic styles; center and periphery; and the role of academies, galleries, exhibitions, and caf\u00e9s in the formation of artistic identities. See It, Read It: Photography and Discourse in Latin America SPAN-UA 440 Offered every other year. 4 points. An analysis of photography in relation to writing. The course explores the inherent tension in the photograph between its role as historical document or as artistic work through a study of the history of Latin American photography, and explores the impact of photography on writing through key texts that take photography as their main concern (but where no photographs appear) and texts that play on the page with the relationship between image and word. Secret Weapons: Reading Julio Cort\u00e1zar Today SPAN-UA 441 Offered periodically. 4 points. Compares Cort\u00e1zar\u2019s work with that of his contemporaries, establishing connections and influences among them, while at the same time studying the author\u2019s manipulation of high and low culture through his involvement with photography, painting, jazz, boxing, almanacs, and music. Latin American Theatre SPAN-UA 460 When taught in English, carries the course number SPAN-UA 761. Offered every other year. 4 points. This course provides an introduction to the history, theories, and practices of Latin American theatre in the twentieth and twenty-first centuries, lending special attention to special meanings of modernist and post-modernist dramatic forms in cultures where industrial modernity has been an insecure social context. We draw on postcolonial Latin American theories of culture and art, such as transculturation, antropofag\u00eda, the \u201caesthetics of hunger,\u201d and consider \u201cmagical realism\u201d as a social poetics of scarcity, newly relevant for today\u2019s neoliberal regimes. Throughout, we consider the theatre in relation to the region\u2019s complex social, sexual, and cultural politics. Topics in Spanish American Literature and Culture SPAN-UA 550 When conducted in English, carries the course number SPAN-UA 551. Offered every semester. 4 points. Recent topics include New Borderlands in Latin America and Spain, Cultures of the Mexican Revolution, Myth and Literature, Hispanic Cities, Latin American Film, Intimacy and Precarity, Performance and Human Rights in Latin America, Literature and Animality, and Is Spanish One Language? Transatlantic Avant-gardes: Sites of Modernity SPAN-UA 625 Offered every other year. 4 points. A study of mobility, travel, and cultural transmission in the artistic and literary avant-gardes of the 20th century in Europe and the Americas, with a focus on those sites in which vibrant transatlantic exchange took place among artists and writers from Spain and Latin America. Intimacy and Precariousness: Problems of Contemporary Latin American Culture SPAN-UA 645 Conducted in Spanish. Offered every other semester. 4 points. In this seminar, we will study some of the themes and problems that characterize much of Latin American literary and cultural production of the last two decades. The course will be organized around two axes that condense determining aspects of recent literary work in Latin America: (1) Writings of the \u201cI\u201d: The question of the relation between biography and fiction, between intimacy and public exhibition(ism), and of new modes of constructing subjectivity constitutes one of the most recurrent critical debates of the present. We will explore these questions in texts by Fernando Vallejo, Roberto Bola\u00f1o, Alan Pauls and Sylvia Molloy, among others. (2) Figures of abandonment, of precariousness and of disavowal recur, in the most diverse ways, in a large part of recent literary fiction, reflecting directly or obliquely, depending on the specific case, radical transformations of the political and of the relation between politics and literature. We will explore how literature reformulates different juridical, economic, affective and social modalities of abandonment as a sign of the present, turning to texts by Rodolfo Fogwill, Mario Bellat\u00edn, and Martin Kohan, and films de Lucrecia Martel and Eduardo Coutinho, among others. Modern Hispanic Cities SPAN-UA 650 Offered periodically. 4 points. Using an interdisciplinary, multimedia, and comparative approach, the course examines various cities in the Spanish-speaking world and their physical, spatial, literary, musical, and imaginary constructions. Cities covered may include Mexico City, Havana, Lima, Buenos Aires, San Juan, Madrid, Barcelona, and New York. Topics in Brazil Studies SPAN-UA 700, 701 If taught in Portuguese, the prerequisite is Intermediate Portuguese (PORT-UA 4 or equivalent) or comparable language proficiency. 4 points. Special topics in Brazil Studies, focused on Brazilian culture, society, and/or arts and the relationship between them. Fictions of Power in Spain and Latin America SPAN-UA 732 Offered periodically. 4 points. Details about the texts, authors, and films covered in any particular semester may be found on the department\u2019s website and in course descriptions available in the department. Literature and Film of the Cuban Revolution SPAN-UA 795 Offered every other year. 4 points. Critical readings of speeches, essays, novels, and films from and about the 1959 Cuban Revolution. Texts by Castro, Guevara, Barnet, Fern\u00e1ndez Retamar, Padilla, Cabrera Infante, Desnoes, and Arenas, and films by Kalamazov, Guti\u00e9rrez Alea, and Almendros. Topics in Peninsular Spanish Literature and Culture SPAN-UA 950 When conducted in English, carries the course number SPAN-UA 951. Offered every semester. 4 points. Recent topics include Culture and Memory, Experimental Documentary from Spain, Researching the Abraham Lincoln Brigades, Spanish Romanticism, Poetics and Ethics, Spanish Cultural Studies, and 19th-Century Novels. Home People Language Placement Undergraduate Program Graduate Programs Study Away News & Events Alumni Resources & Affiliations Ph.D. Portal Employment Opportunities Contact Us Stay Connected like us on Facebook Photo Credits Contact Us | © New York University , Arts and Science"}]},
{"detail": [{"content": "Spring 2015 PhD Course Offerings, Spanish and Portuguese | NYU Navigation NEW YORK UNIVERSITY ARTS AND SCIENCE COLLEGE OF ARTS AND SCIENCE GRADUATE SCHOOL OF ARTS AND SCIENCE Back to Home Spring 2015 PhD Course Offerings Click here to view schedule PORT-GA 1104.001 Title: Portuguese for Spanish Speakers Instructor : Carlos Veloso Day/Time: Monday 3:30-5:30pm Description: PORT-GA 1104 is an accelerated course for advanced Spanish speakers with a good command of Spanish grammar. It covers the fundamentals of the Portuguese language with a focus on Brazil. In this course, Spanish sentence patterns and vocabulary will be utilized as a basis for the study of similarities and differences between the two languages. Comparisons among sound systems (Spanish/English/Portuguese) will familiarize students with standard Portuguese pronunciation. Written responses to short readings ( cr\u00f4nicas , poetry, essays and articles) or visuals will help to review and expand grammar points and to practice transferring common features of Spanish into Portuguese syntax. Brief presentations on topics related to the arts and society will promote essential speaking skills. By the end of the semester students will be prepared to read complex materials and will have acquired basic proficiency in speaking, writing and understanding standard Portuguese. This is a zero credit course. A limited number of spots are available for students from other departments/programs. These spots will be allocated on a first come, first serve basis. Interested students should contact Edgardo N\u00fa\u00f1ez at edgardo.nunez@nyu.edu for permission to enroll. PORT-GA 2967.001 Title: The New Documentary Film in Brazil Instructor: Marta Peixoto Day/Time: Wednesday 4:00-6:00pm Description: In Brazil, as elsewhere, the last twenty-some years have seen a surge in documentary filmmaking, aided by the availability of lightweight and inexpensive recording technologies. This increase in Brazil, part of the Retomada or Renewal of cinema of all kinds in the 1990s, made possible by favorable government policies, was accompanied by a parallel surge in critical thinking about the genre. This course, CONDUCTED IN ENGLISH, will examine a selection of these Brazilian films from the 1990s to the present, in connections with film criticism and relevant film theory (Jacques Ranci\u00e8re, Andr\u00e9 Bazin, and others), in a context of earlier influential American and European documentary movements and filmmakers (direct cinema, cin\u00e9ma v\u00e9rit\u00e9, Frederick Wiseman, Jean Rouch, Agn\u00e8s Varda) and of Brazil's Cinema Novo. We will consider documentary film transnationally as a genre in its distinction and confluences with fiction films, explore issues such as: new modes of representation of \"a voz do povo,\" the uses of fiction in documentary film, ethical concerns about the respectful use of other people's images and words, and the construction of complex images of Brazil changing political and social landscape since the end of the military dictatorship. Students will expand their critical and theoretical vocabulary with regard to film and try their hand at film criticism. They may choose a final project on documentary film from elsewhere in Latin America or Spain. Readings for the course are available in one or more of the following ways: for purchase online (amazon.com or elsewhere), posted on NYU Classes, or at Bobst library. The films are on reserve at the Avery Fisher Film Library at Bobst. SPAN-GA 2965.001 Title: Reading Modern Spanish Culture through Raymond Williams Instructor: Jo Labanyi Day/Time: Wednesday 2:00-4:00pm Description: The course will revisit the writings of Raymond Williams, whose pioneering work in cultural studies from the 1950s to the 1980s had an important influence on Latin American cultural critics but has been relatively little used by scholars of Spain. We will discuss a number of key concepts theorized by Williams, trying them out, through close reading undertaken collectively in class, as ways of reading excerpts from a wide range of Spanish cultural texts from the 19 th century to the present. The latter will include fiction, drama, poetry, essays, travel writing, and journalism (including television journalism). The aim will be to develop critical tools for exploring the relationship between cultural texts and social processes, showing how each can illuminate the other. In particular, we will pursue Williams\u2019 insight that the analysis of literary forms can offer an understanding of social forms. The course will be taught in English to give Spanish-native-speaker students increased academic competence in English. Texts: This course is going to be something of an experiment. Unlike most courses, which have a limited selection of core literary and cultural texts supplemented by a large amount of critical reading, in this case the core texts will be critical works by Williams, which will be read in relation to a large selection of short literary and cultural texts (mostly excerpts). Works by Raymond Williams Ordered for NYU Bookstore (you should buy these): Modern Tragedy (1966) The Country and the City (1973) Keywords: A Vocabulary of Culture and Society (1976; rev. ed. 2014) Marxism and Literature (1977) The Sociology of Culture (1982; orig. Culture , 1981) Selections from the following will be made available: Culture and Society (1958) The Long Revolution (1961) Politics and Letters: Interviews with New Left Review (1979) Culture and Materialism (2005; orig. Problems in Materialism and Culture , 1980) Writing in Society (1983) Politics of Modernism (1989) Spanish literary and cultural texts These will be short texts or excerpts from longer texts, made available via NYU Classes or available online. They are expected to be as follows (there may be some changes): \u00b7 Jos\u00e9 de Espronceda\u2019s \u201cCanciones\u201d (Pirata, Mendigo, Reo de muerte, Verdugo, Cosaco) (poetry, late 1830s) \u00b7 Duque de Rivas, Don \u00c1lvaro o la fuerza del sino (play, 1835) \u00b7 Wenceslao Ayguals de Izco, Mar\u00eda o la hija de un jornalero (follet\u00edn, 1845) (available as Google e-book) \u00b7 Concepci\u00f3n Arenal, Cartas a los delincuentes (essays, 1865) (on www.cervantesvirtual.com ) \u00b7 Juan Valera, Pepita Jim\u00e9nez (novel, 1874) (at www.gutenberg.org ) \u00b7 Leopoldo Alas, El hambre en Andaluc\u00eda (journalism, 1882) \u00b7 Leopoldo Alas, La Regenta (novel, 1884-1885) (at www.gutenberg.org ) \u00b7 Emilia Pardo Baz\u00e1n, Los pazos de Ulloa (novel, 1886) (at www.gutenberg.org ) \u00b7 Jos\u00e9 Mar\u00eda de Pereda, Pe\u00f1as arriba (1895) (at www.gutenberg.org ) \u00b7 Benito P\u00e9rez Gald\u00f3s, Nazar\u00edn (novel, 1895) (on www.cervantesvirtual.com ) \u00b7 Miguel de Unamuno, En torno al casticismo (essays, 1895) (at www.es.wikisource.org ) \u00b7 Miguel de Unamuno, Del sentimiento tr\u00e1gico de la vida (essays, 1912) (various online sources) \u00b7 Miguel de Unamuno, San Manuel Bueno, m\u00e1rtir (novella, publ. in La Novela de Hoy subscription series, 1931; as book, 1933) \u00b7 Ram\u00f3n Mar\u00eda del Valle-Incl\u00e1n, Romance de lobos (Comedia b\u00e1rbara) (play, 1908) (at www.gutenberg.org ) \u00b7 Carmen de Burgos, El art\u00edculo 438 (novella, publ. in La Novela Semanal subscription series, 1921) \u00b7 Salvador Segu\u00ed, Escuela de rebeld\u00eda (novella; publ. posthumously in La Novela de Hoy subscription series, 1923) \u00b7 Jos\u00e9 Ortega y Gasset, La deshumanizaci\u00f3n del arte (1925) \u00b7 Federico Garc\u00eda Lorca, As\u00ed que pasen cinco a\u00f1os (play, written 1931) \u00b7 Ernesto Gim\u00e9nez Caballero, Genio de Espa\u00f1a (essay, 1932) \u00b7 Miguel Hern\u00e1ndez, Vientos del pueblo me llevan (poetry, 1937) \u00b7 Rafael Alberti, Radio Sevilla (agitprop play, 1937) \u00b7 Selection of poetry written by Republican soldiers during the Spanish Civil War \u00b7 Carmen Laforet, Nada (novel, 1945) \u00b7 Gabriel Celaya, Cantos iberos (poems, 1955) \u00b7 Juan Goytisolo, Se\u00f1as de identidad (novel, 1966) \u00b7 Jos\u00e9 Sanchis Sinisterra, Terror y miseria en el primer franquismo (plays, written 1979-2002; publ. 2003) \u00b7 Juan Eduardo Z\u00fa\u00f1iga, Largo noviembre de Madrid (short stories, 1980) \u00b7 Julio Llamazares, El r\u00edo del olvido (travel writing, 1990) \u00b7 Dulce Chac\u00f3n, Cielos de barro (novel, 2000) \u00b7 Montse Armengou & Ricard Belis, Les fosses del silenci / Las fosas del silencio (documentary for Catalan television TV3, 2003) SPAN-GA 2967.001 Title: Po\u00e9ticas del delirio en Puerto Rico Instructor: Rub\u00e9n R\u00edos \u00c1vila Description: Este seminario propone la bancarrota como un lugar productivo desde donde re-imaginar a Puerto Rico y su precario lugar \"entre\" las Am\u00e9ricas. \u00bfQu\u00e9 significa la reciente devaluaci\u00f3n del cr\u00e9dito en el contexto de la que fuera \"vitrina del Caribe\" para las utop\u00edas liberales de los a\u00f1os cincuenta y de qu\u00e9 modo la producci\u00f3n art\u00edstica y cultural m\u00e1s reciente re-significa la cat\u00e1strofe, encontrando all\u00ed modos expresivos del delirio, es decir, racionalidades alternas que descubren en la ruina, el detritus, el margen, el desv\u00edo, la pobreza, el tranque, o el fracaso los rudimentos para una po\u00e9tica que es tambi\u00e9n una pol\u00edtica. \u00bfDe qu\u00e9 modo produce este inh\u00f3spito contra-canon una nueva plantilla para una posible escritura desde Puerto Rico y su di\u00e1spora, fuera de las usuales territorialidades de la naci\u00f3n por venir? En este contexto leemos textos de Manuel Ramos Otero, Aurea Sotomayor, Rafael Acevedo, Eduardo Lalo, Luis Negr\u00f3n, Justin Torres, as\u00ed como obra f\u00edlmica de Carmen Oquendo, Antonio Santini y \u00c1lvaro Aponte y textos te\u00f3rico-cr\u00edticos de Juan Duchesne, Arnaldo Cruz, Jossiana Arroyo, Carlos Pab\u00f3n y Agnes Lugo. SPAN-GA 2967.002 Title: Borders and Diasporas Instructor : Tom\u00e1s Urayo\u00e1n Noel Day/Time: Tuesday 4:00-6:00pm Description: This course seeks to trace the evolution of border and diaspora as key terms in literary and cultural studies over the past two decades. Books such as Gloria Anzald\u00faa's Borderlands/La Frontera: The New Mestiza (1987) and Paul Gilroy's The Black Atlantic: Modernity and Double Consciousness (1993) helped shape contemporary understandings of these two terms by mapping the Mexico-U.S. borderlands and the black Atlantic as what James Clifford calls \u201cproductive sites of crossing; complex, unfinished paths between local and global attachments.\u201d While considering these and other foundational interventions, we will also explore how more recent work engages other borders (e.g. Haiti-Dominican Republic, Canada-U.S.) and diasporas (e.g. Caribbean, Pacific) as well as new spatial logics (e.g. the neoliberal city, the carceral border, digital cultures). Although we will pay particular attention to U.S. Latina/o and Caribbean contexts, students are welcome and in fact encouraged to explore borders and diasporas in ways that intersect with their own research. Critical readings may include works by Gloria Anzald\u00faa, Paul Gilroy, Guillermo G\u00f3mez-Pe\u00f1a, Stuart Hall, Claire Fox, N\u00e9stor Garc\u00eda Canclini, Heriberto Y\u00e9pez, Silvio Torres-Saillant, Ram\u00f3n Sald\u00edvar, Juan Flores, Alicia Schmidt Camacho, Brent Hayes Edwards, Alejandro Lugo, and Michelle M. Wright. Additionally, we may engage with popular music and film, and with literary texts, performances, and/or installations by Am\u00e9rico Paredes, Josefina B\u00e1ez, Craig Santos Perez, Reina Mar\u00eda Rodr\u00edguez, Alan Michelson, Pedro Pietri, Teddy Cruz, and M. NourbeSe Philip, among others. We will likely also have a number of guest speakers, readers, and/or performers. (This course will be conducted in English; reading knowledge of Spanish is not required.) SPAN-GA 2968.001 Title: Disputar lo precario. Recorridos de la cultura en el Cono Sur y Brasil (1970-2010) Instructor: Gabriel Giorgi Day/Time: Monday 2:00-4:00pm Description : Quiz\u00e1 una de las marcas m\u00e1s perdurables que la llamada \u201cera neoliberal\u201d imprimi\u00f3 sobre los lenguajes p\u00fablicos sea la constelaci\u00f3n de sentidos y afectos en torno a la precariedad. Precarizaci\u00f3n, precariado, precariedad/precaridad: modos, ciertamente heterog\u00e9neos, de nombrar el desfondamiento vertiginoso de la promesas de seguridad y estabilidad que tanto el Estado de bienestar como la sociedad neoliberal hab\u00edan instalado desde la segunda mitad del siglo XX. En esa constelaci\u00f3n alrededor de la precariedad emerge una dimensi\u00f3n clave: la de una vida que aparece, con un relieve cada vez m\u00e1s n\u00edtido, bajo la luz de una nueva gesti\u00f3n pol\u00edtica de la vulnerabilidad. En ese contexto, ciertos recorridos de la cultura en Am\u00e9rica Latina parecen haber ensayado, al menos desde los a\u00f1os 70, modos de nombrar, de disputar y de narrar los sentidos posibles de esa precariedad vuelta punto de gravitaci\u00f3n de la imaginaci\u00f3n pol\u00edtica. El seminario se propone interrogar los modos por los cuales el trabajo est\u00e9tico y cultural en torno a lo precario funcion\u00f3 como uno de los vectores creativos m\u00e1s productivos en las \u00faltimas d\u00e9cadas, donde la precariedad, lejos de ser una condici\u00f3n fija, estabilizada y definitiva, se vuelve la instancia de una reconfiguraci\u00f3n de sensibilidades y de debates en torno a lo com\u00fan. Dos dimensiones parecen especialmente productivas para pensar estas disputas en torno a lo precario: por un lado, la emergencia de territorialidades heterog\u00e9neas (Zibechi, Ludmer, Rodriguez), irreductibles a la distribuci\u00f3n entre p\u00fablico/privado, nacional/global, rural/urbano; por otro, ficciones y testimonios en torno a econom\u00edas alternativas, a la vez que ef\u00edmeras y estrat\u00e9gicas, que pasan por el reciclaje de los despojos y las ruinas del capital y por nuevas relaciones con lo natural y lo viviente. En estas dimensiones se conjugan tensiones al interior de la denominada \u201csubjetividad neoliberal\u201d , y se reconfigura la relaci\u00f3n entre lo com\u00fan y lo viviente; all\u00ed la cultura parece encontrar nuevos terrenos para pensarse pol\u00edticamente, a la vez que desdibuja sus propios l\u00edmites y tensa su misma especificidad. Los materiales a analizar incluyen textos de Rodolfo Fogwill, Clarice Lispector , Sergio Chejfec, Gabriela Cabez\u00f3n C\u00e1mara, Diamela Eltit, Rafael Pinedo, Vinicius Faustini y Iosi Havilio. Tambi\u00e9n discutiremos films de Mendon\u00e7a Filho y Eduardo Coutinho, junto a materiales te\u00f3ricos e hist\u00f3ricos de Judith Butler, Ra\u00fal Zibechi, Ignacio Lewcowicz, Pierre Dardot y Christian Larval, Maurizio Lazzarato, Brett Nelson y Ned Rossiter, entre otros . SPAN-GA 2968.002 (This course originates in CLACS) Title: Latin American Independence in the Age of Revolution Instructors: Sibylle Fischer and Sinclair Thomson Day/Time : Monday 2:00 - 4:45pm, plus Monday evening lectures SPAN-GA 2975.001 Title: Iberian Cultures and the Experimental Filmic Imagination Instructor: Sara Nadal-Melsio Day/Time : Wednesday 6:00-8:00pm Description: The social and political imaginaries of Francoist Spain created a singular instance of temporal dislocation in the filmic avant-garde of the 1960s and 70s. Portuguese novo cinema, and Ant\u00f3nio Reis\u2019s pedagogical legacy in particular, also called for a reformulation of \u2018national art cinema.\u2019 This course proposes an examination of the political, historical, and aesthetic conjunctures that allowed both the emergence and survival of, an often clandestine, experimentalism in the Iberian peninsula. The commitment to avant-garde practices pushed the envelope of political possibility by establishing an elective affinity and an affective transfer between the political and the aesthetic. By addressing this productive double enunciation through a transnational lens, this course seeks to shed new light on European peripheral cinematic avant-gardes through the reading of classical film theory. We will pay special attention to questions of non-synchronicity and filmic ontology, which were addressed by early film scholars and have remained central to an Iberian tradition of experimentalism. In addition to the films themselves, theoretical readings will include, among others, Jean Epstein, B\u00e9la Bal\u00e1zs, Gilles Deleuze, Andr\u00e9 Bazin, Serguei Eisentein, Jacques Ranci\u00e8re and Stanley Cavell. Primary materials will be drawn from the work of Pere Portabella, Jacinto Esteve, Antoni Padr\u00f3s, Albert Serra, Manoel de Oliveira, Ant\u00f3nio Reis, and Pedro Costa among others. Course will be conducted in English. Films will be subtitled in English as well. SPAN-GA 2975.002 Title: Introduction to Aesthetics and Literary Theory Instructor: Eduardo Subirats Day/Time : Monday 6:00-8:00pm Description : This seminar will focus on five major works of Western aesthetics: Kant, Schiller, Hegel, Schopenhauer, and Nietzsche. It will reconstruct central categories such as form, beauty, genius, and myth. It also will focus on a central category: the metaphysical (not moral) concept of will. Its ultimate goal is a critique of contemporary artistic decadence, literary commercialism and anti- aesthetics. SPAN-GA 2977.001 Title: Cubanologies: Altered States of the Nation Instructor: Ana Dopico Day/Time: Tuesday 1:30-3:30pm Description: This course works through the Cuban literary, visual, and musical canons to engage the periodizations and monuments of national culture. We will engage recent critical studies, historiography and social and cultural theory to establish a comparative analysis of the relation between state, nation, and empires. We will think about Cuba beyond an insular state and identity and examine the Latin American, hemispheric and global constellations that help us reframe Cuba as subject, fetish, concept, and ideological factory. SPAN-GA 2978.001 Title: High and Low: The Cultures of Latin American Modernismo Instructor: Laura Torres-Rodr\u00edguez Day/Time: Thursday 5:00-7:00pm Description: This class is an introduction to the debates around turn-of-the-nineteenth-century aesthetic production in Latin America. Recent academic contributions have interrogated the traditional understandings of modernista period, opening the field to more interdisciplinary methodologies. We will map this academic corpus and revisit key texts in the construction of a Latin American aesthetic culture and its contemporary influences. Modernismo is generally recognized as the epitome of high literary expression in Latin America because of its discourses on artistic autonomy. However, we will explore its relations to popular and material culture, consumption economies, and sexual politics. In addition to the study of canonical works for Latin America continental definition, we will examine the margins of the movement, known as bad modernism in order to propose other aesthetic categories for understanding modernista forms. This includes, among other approaches, affect and performance theory, political economy, and gender and postcolonial studies. This course will be conducted in Spanish. SPAN-GA 3545.001 Title: Dissertation Proposal Workshop Instructor: Georgina Dopico-Black Day/Time: Thursday, 2:00-4:00pm Description: Workshop to direct students toward the basic approaches and structure of the future dissertation, with the goal of writing a finished proposal . Home People Language Placement Undergraduate Program Graduate Programs Study Away News & Events Alumni Resources & Affiliations Ph.D. Portal Employment Opportunities Contact Us Stay Connected like us on Facebook Photo Credits Contact Us | © New York University , Arts and Science"}, {"content": "Course Offerings, Spanish and Portuguese | NYU Navigation NEW YORK UNIVERSITY ARTS AND SCIENCE COLLEGE OF ARTS AND SCIENCE GRADUATE SCHOOL OF ARTS AND SCIENCE Back to Home Course Offerings Jump To: Portuguese Language Courses Brazilian and Portuguese Studies Courses Spanish Language Courses Quechua Advanced Language Advanced Language Electives Foundation Courses Advanced Courses Portuguese Language Courses Elementary-level courses stress the structures and patterns that permit meaningful communication in and outside the classroom. The intermediate-level courses aim to promote fluency in speaking, as well as proficiency in reading and writing. Both include readings and discussions of Portuguese and Brazilian texts, film, and other media. Successful completion of Intermediate Portuguese II (PORT-UA 4) fulfills the MAP language requirement. Portuguese for Beginners, Level I PORT-UA 1 Open to students with no previous training in Portuguese and no knowledge of Spanish and to others on assignment by placement test. 4 points. Beginning course designed to teach the elements of Portuguese grammar and language structure through a primarily oral approach. Emphasis is on building vocabulary and language patterns to encourage spontaneous language use in and out of the classroom. Portuguese for Beginners, Level II PORT-UA 2 Open to students with some previous training in Portuguese, equivalent to one semester of non-intensive college study, based on assignment by the appropriate placement test or by taking PORT-UA 1 at NYU. 4 points. Second part of a beginning course sequence designed to teach the elements of Portuguese grammar and language structure through a primarily oral approach. Emphasis is on building vocabulary and language patterns to encourage spontaneous language use in and out of the classroom. Intensive Elementary Portuguese PORT-UA 10 Open to students with no previous training in Portuguese and no knowledge of Spanish and to others on assignment by placement test. 6 points. Intensive Elementary Portuguese for Spanish Speakers PORT-UA 11 Prerequisite: native or near-native fluency in Spanish. 4 points. Accelerated introduction to spoken and written Portuguese. Intermediate Portuguese I PORT-UA 3 Prerequisite: Elementary Portuguese (PORT-UA 10), Portuguese for Beginners, Level II (PORT-UA 2), placement, or permission of the director of undergraduate studies. Continuation of PORT-UA 10 and PORT-UA 2. 4 points. Intermediate Portuguese II PORT-UA 4 Prerequisite: Intermediate Portuguese I (PORT-UA 3), placement, or permission of the director of undergraduate studies. Continuation of PORT-UA 3. 4 points. Brazilian and Portuguese Studies Courses When taught in Portuguese, the following courses have as a prerequisite Intermediate Portuguese II (PORT-UA 4) or permission of the director of undergraduate studies. Topics in Brazil Studies PORT-UA 700, 701 4 points. Special topics in Brazil Studies, focused on Brazilian culture, society, and/or arts and the relationship between them. Fiction into Film: Brazilian Novels and their Screen Adaptations PORT-UA 702 When cross-listed with Spanish, also carries the number SPAN-UA 702. Offered every other year. 4 points. Focused on the adaptation of novels into film, this course provides an introduction to Brazilian literature (including the work of Machado de Assis, Graciliano Ramos, Mario de Andrade, Jo\u00e3o Guimar\u00e3es Rosa, Clarice Lispector, Chico Buarque de Hollanda, Paulo Lins) and to the rich tradition of Brazilian film (from Cinema Novo of the 1960s to its legacy and revision in contemporary film-making). The course invites students to reflect on the theoretical and technical dimensions of adapting fiction to film. Conducted in Portuguese. Narrating Poverty in Brazilian Literature and Film PORT-UA 704 When cross-listed with Spanish, also carries the number SPAN-UA 706. Offered every other year. 4 points. Literary works in various genres (novels, autobiography, short stories) and Brazilian films (Cinema Novo and after, including documentaries), which narrate the experience of poverty. The course explores the politics and poetics of representing scarcity and deprivation in texts by Graciliano Ramos, Carolina Maria de Jesus, Clarice Lispector, Rubem Fonseca, and Patricia Melo and in a range of films including Barren Lives, The Scavengers, The Hour of the Star, Pixote, Bus 174, City of God, Babil\u00f4nia 2000, and Black Orpheus. The New Brazilian Documentary PORT-UA 706 When cross-listed with Spanish, also carries the number SPAN-UA 706. Offered every other year. 4 points. Brazilian documentary film-making and critical thinking about this genre from the 1990s to the present. Explores such issues as the uses of fact and fiction and the blurring of lines between them; ethical concerns about the use of other people\u2019s images and words; and the construction of layered and complex images of Brazil. Modern Brazilian Fiction PORT-UA 821 When conducted in English, this course is numbered PORT-UA 820. Offered every other year. 4 points. Introduction to the fiction of 19th- and 20th-century Brazil. Studies the development of a national literature within the broader context of cultural and literary history. The Brazilian Short Story PORT-UA 830 Offered periodically. 4 points . Examines formal aspects of the Brazilian short story while developing skills in written and spoken Portuguese. Authors include Machado de Assis, Lima Barreto, M\u00e1rio de Andrade, Jo\u00e3o Guimar\u00e3es Rosa, Clarice Lispector, Rubem Fonseca, and Jo\u00e3o Gilberto Noll. Topics in Brazil Studies PORT-UA 850 When taught in English, carries the number PORT-UA 851. Offered every year. 4 points. Special topics in Brazil Studies, focused on Brazilian culture, society, and/or arts and the relationship between these. Recent topics include Brazilian architecture, the Amazon, and Brazilian poetry and song. Independent Study PORT-UA 997, 998 Prerequisite: permission of the director of undergraduate studies. Open only to majors. Available every semester. 2 or 4 points per term. Spanish Language Courses Placement in Spanish Language Courses The placement of students in Spanish language and literature courses is explained under \" Placement Examinations \" in the Academic Policies section of this Bulletin. To enroll in a Spanish language course, students must have taken the SAT Subject Test in Spanish Language or the placement examination administered by the University. Students from a Spanish-speaking background who wish to study the language may not enroll in any level of Spanish for Beginners (SPAN-UA 1, SPAN-UA 2, and SPAN-UA 10) or Intermediate Spanis h (SPAN-UA 3, SPAN-UA 4, and SPAN-UA 20), but must instead enroll in Spanish for Spanish Speakers (SPAN-UA 11) or Advanced Spanish for Spanish Speakers (SPAN-UA 111) after taking a written placement test in the department. Fulfillment of MAP Language Requirement Successful completion of Intermediate Spanish II (SPAN-UA 4) or Intensive Intermediate Spanish (SPAN-UA 20). Students from Spanish-speaking backgrounds complete Spanish for Spanish Speakers (SPAN-UA 11) or Advanced Spanish for Spanish Speakers (SPAN-UA 111). Admission to Courses Beyond Intermediate Spanish Students who have completed Intermediate Spanish I and II (SPAN-UA 3 and SPAN-UA 4) or Intensive Intermediate Spanish (SPAN-UA 20) must take Advanced Grammar and Composition (SPAN-UA 100) as a preparation for upper-level courses. Spanish for Beginners I SPAN-UA 1 Open to students with no previous training in Spanish and to others on assignment by placement test. 4 points. Beginning course designed to teach the elements of Spanish grammar and language structure through a primarily oral approach. Emphasis is on building vocabulary and language patterns to encourage spontaneous language use in and out of the classroom. After completion of this course, students take SPAN-UA 2. Spanish for Beginners II SPAN-UA 2 Prerequisite: Spanish for Beginners I (SPAN-UA 1) or placement. Continuation of SPAN-UA 1. 4 points. Focus is on the basic elements of Spanish grammar not covered in SPAN-UA 1. Emphasis is on building vocabulary and language patterns to encourage spontaneous language use in and out of the classroom. After completion of this course, students take SPAN-UA 3. Students with a B+ or higher may enroll in Intensive Intermediate Spanish (SPAN-UA 10). Intermediate Spanish I SPAN-UA 3 Prerequisite: Spanish for Beginners II (SPAN-UA 2), Intensive Elementary Spanish (SPAN-UA 10), or placement. 4 points. Review of grammar, language structure, and culture, concentrating on fluency and accuracy through listening, speaking, reading, and writing activities. After completion of this course, students take SPAN-UA 4. Intermediate Spanish II SPAN-UA 4 Prerequisite: Intermediate Spanish I (SPAN-UA 3) or placement. Continuation of SPAN-UA 3. 4 points. Readings and discussions of contemporary Hispanic texts and review of the main grammatical concepts of Spanish. Completion of this course fulfills the MAP foreign language requirement. Intensive Elementary Spanish SPAN-UA 10 Open to students with some previous training in Spanish or other Romance language (one year of high school Spanish or the equivalent, or two years of high school French, Italian, or Latin) and to others on assignment by placement exam or in consultation with the director of the Spanish language program. 6 points. This is a one-semester intensive course that covers the equivalent of one year of Elementary Spanish (SPAN-UA 1 and SPAN-UA 2). Students with a final grade of B+ or better in SPAN-UA 10 may enroll in SPAN-UA 20. Other students may continue to SPAN-UA 3. Spanish for Spanish Speakers SPAN-UA 11 Prerequisite: permission of the director of the Spanish language program. Offered every semester. 4 points. An introductory course in Spanish designed for heritage speakers who understand spoken Spanish but need to further develop their speaking, reading, and writing skills. This course serves as a formal introduction to Spanish grammar. In addition to grammar and vocabulary review, this course incorporates cultural and literary readings in Spanish to develop written and oral communication skills. Completion of this course fulfills the MAP foreign language requirement. Intensive Intermediate Spanish SPAN-UA 20 Prerequisite: Intensive Elementary Spanish (SPAN-UA 10), Spanish for Beginners II (SPAN-UA 2) with a final grade of a B+ or better, or permission of the director of the Spanish language program. 6 points. Promotes proficiency in reading and writing as well as oral performance. SPAN-UA 20 is an intensive intermediate course that covers the equivalent of one year of Intermediate Spanish (SPAN-UA 3 and SPAN-UA 4) in one semester. Completion of this course fulfills the MAP foreign language requirement. Quechua Quechua is the most important and widely spoken indigenous language in Latin America. Increasing numbers of Quechua speakers have migrated to Spain, Italy, and the United States (especially in New Jersey and New York City). The goal in the four-course sequence is communication in Quechua, which is emphasized in all of the classroom activities. The approach uses all four language skills: listening, speaking, reading, and writing. Successful completion of Intermediate Quechua II (SPAN-UA 84) fulfills the MAP language requirement. Beginning Quechua I SPAN-UA 81 No prerequisite. 4 points. Beginning Quechua II SPAN-UA 82 Prerequisite: Beginning Quechua I (SPAN-UA 81) or permission of the instructor. 4 points. Continuation of SPAN-UA 81. Intermediate Quechua I SPAN-UA 83 Prerequisite: Beginning Quechua II (SPAN-UA 82) or permission of the instructor. 4 points. An intermediate-level course that provides students with a deeper understanding of the Quechua language. Intermediate Quechua II SPAN-UA 84 Prerequisite: Intermediate Quechua I (SPAN-UA 83) or permission of the instructor. 4 points. Continuation of SPAN-UA 84. Completion of Intermediate Quechua II satisfies the MAP foreign language requirement. Advanced Language Advanced Grammar and Composition SPAN-UA 100 Prerequisite: Intermediate Spanish II (SPAN-UA 4), Intensive Intermediate Spanish (SPAN-UA 20), or permission of the director of the Spanish language program. For non-native speakers only. Spanish native speakers should register for SPAN-UA 111. Offered every semester. 4 points. Advanced Spanish for Spanish-Speaking Students SPAN-UA 111 Prerequisite: Spanish for Spanish Speakers (SPAN-UA 11) or permission of the director of Spanish language programs. Offered every semester. 4 points. For native and quasi-native speakers of Spanish with uneven formal training in the language. Advanced Language Electives Advanced Spanish Conversation SPAN-UA 101 Prerequisite: Advanced Grammar and Composition (SPAN-UA 100). Offered every semester. 4 points. Intensive course in spoken Spanish, designed to give the student fluency in the use of idiomatic, everyday language as well as a comprehensive, practical vocabulary. For non-native speakers only. Advanced Spanish Conversation for the Medical Profession SPAN-UA 102 Prerequisite: Advanced Grammar and Composition (SPAN-UA 100), SAT II score of 720, or equivalent. Offered periodically. 4 points. Designed to expand students\u2019 speaking skills beyond the practical, day-to-day language functions in a medical context. The goal is a more complex and technical proficiency of Spanish in a medical context, through the practice of pronunciation, vocabulary, idioms, and linguistic structures. For non-native speakers only. Techniques of Translation SPAN-UA 110 Prerequisite: Advanced Grammar and Composition (SPAN-UA 100). Offered in the fall. 4 points. Theory and practice of translation through comparison of Spanish and English grammar, syntax, and style. Topics in Advanced Language SPAN-UA 190 Workshop and/or seminar. Prerequisite: Advanced Grammar and Composition (SPAN-UA 100). Offered every year. 2-4 points. Topics in advanced language study. Varies by semester and instructor, but may include Spanish for the Professions (Spanish for Law, Business, and Medicine) or advanced topics in the practical use of the language (Public Speaking, Spanish for Research). See department for specific course offerings. Introduction to Creative Writing in Spanish SPAN-UA 225 Prerequisite: Critical Approaches: Reading, Writing, and Textual Analysis (SPAN-UA 200) or permission of the instructor. Offered every semester. 4 points. Students reflect on the creative process while developing their own writing. Students read exemplary poems and short stories by Latin American and Spanish authors, and expand writing skills through related exercises. Advanced Poetry Workshop in Spanish SPAN-UA 320 Prerequisite: Critical Approaches: Reading, Writing, and Textual Analysis (SPAN-UA 200) or permission of the instructor. Offered every other semester. 4 points. Students refine their skills in poetry writing through collaborative work and individual guidance from the instructor, and through close reading of individual poems, excerpts from poetry collections, and complete books of poems written by contemporary Latin American and Spanish poets. Advanced Fiction and Nonfiction Workshop in Spanish SPAN-UA 325 Prerequisite: Critical Approaches: Reading, Writing, and Textual Analysis (SPAN-UA 200) or permission of the instructor. Offered every other semester. 4 points. Students refine their skills in fiction and nonfiction writing through close reading of short stories, a novella, and personal essays and excerpts from testimonies and autobiographies written by contemporary Latin American and Spanish authors. Fiction and nonfiction prose are studied side by side, to analyze specific techniques and structures of each particular form. Foundation Courses Critical Approaches: Reading, Writing, and Textual Analysis SPAN-UA 200 Prerequisite: Advanced Grammar and Composition (SPAN-UA 100) or equivalent. Taught in Spanish. Offered every semester. 4 points. Introduction to literary and cultural analysis through close reading of and writing about texts from Spain and Spanish America. The Iberian Atlantic SPAN-UA 300 No prerequisites. Taught in English, with one section available in Spanish. Offered every semester. 4 points. Explores the Iberian Atlantic world, from Islamic Spain and indigenous America to the era of Spanish and Portuguese conquest and colonization, to understand how the Iberian Peninsula, Western Africa, and the Americas were tied to one another in a vast oceanic inter-culture. Cultural History of Latin America SPAN-UA 305 Prerequisite: Critical Approaches: Reading, Writing, and Textual Analysis (SPAN-UA 200). Taught in Spanish. Offered once per year. 4 points. Provides an introduction to the making of modern Latin America through the study of key cultural practices in literature, visual art, film, and performance from the 19th century to the present. The course is organized around key concepts, which may vary by semester and by instructor. Cultural History of Spain SPAN-UA 310 Prerequisite: Critical Approaches: Reading, Writing, and Textual Analysis (SPAN-UA 200). Taught in Spanish. Offered once per year. 4 points. Provides an introduction to the making of modern Spain through the study of key cultural practices in literature, visual art, film, and performance from the 19th century to the present. The course is organized around key concepts, which may vary by semester and by instructor. Advanced Courses When the following courses are taught in Spanish, they carry as a prerequisite Critical Approaches: Reading, Writing, and Textual Analysis (SPAN-UA 200). Chronicles and Travel Literature of the Colonial World SPAN-UA 273 Identical to MEDI-UA 273. Offered periodically. 4 points. Chronicles of the encounter between Spain and non-European cultures. Diaries and memoirs of explorers and travelers such as Columbus, Bernal D\u00edaz de Castillo, el Inca Garcilaso, and Cabeza de Vaca. Reading Realism: La Regenta (novel, 1884-1885) and TV series (1994-1995) SPAN-UA 308 Conducted in Spanish. Offered periodically. 4 points. The seminar will focus on the Spanish realist novel La Regenta by Leopoldo Alas (1885-1885), a major 19th-century European novel of female adultery which has become established as a classic of world literature. The aim is to provide an environment in which students can tackle a very long text (approximately 700 pages), which all students of Spanish literature should know, by considering manageable sections of the novel in different weeks, in each case exploring different issues relating to realism and 19th-century Spanish culture. Alongside the novel, we will look at the 3-part television adaptation of 1994-1995 directed by Fernando M\u00e9ndez-Leite for Spanish state television, available on DVD and on Spanish state television\u2019s web site. Islam in Spain SPAN-UA 333 Offered periodically. 4 points. Explores the key role Spain has played throughout history in the relationship between Islam and the West, between Europe and Mediterranean Islamic countries, and explores the mutual influences between Spain and particularly Morocco throughout history, from Al-Andalus (the Islamic state in the Iberian Peninsula in the medieval period) to the present. We study modern Spain\u2019s colonial presence in Morocco and the subsequent process of decolonizing, asking how these have shaped current international relations between the neighboring countries. Finally, we explore the role that present-day immigrant communities from Morocco have played in the creation of immigrant policies in Spain vis-\u00e0-vis its African neighbors. Is Spanish One Language? SPAN-UA 355 Offered every year. 4 points. This course seeks to familiarize students with the historical, geographical, ethnic, and sociolinguistic factors that contributed to the large variety of Spanish dialects spoken in the Americas. Why do people in Costa Rica speak like those in Uruguay and not like their neighbors in Panama? Why do Colombians have a different vocabulary in Bogot\u00e1 and in Cartagena de Indias? In this course, we explore the factors that combined to create wide variations of Castilian in the Americas, a language that was itself subject to drastic changes since its evolution from Latin roots. Pre-Hispanic Literature: The World of the Aztecs, Incas, and Mayas SPAN-UA 370 Offered periodically. 4 points. Texts from the Aztec, Inca, and Maya civilizations as expressions of their society, religion, and relationship with nature, as well as reflections of a highly developed aesthetic sensibility. Cervantes SPAN-UA 371 Identical to MEDI-UA 335. Offered every other year. 4 points. Close readings of the principal prose works, particularly Don Quijote and/or the Novelas ejemplares, supplemented by critical and historical readings. Special attention paid to questions of madness and desire, authorship, the seductions and the dangers of reading, the status of representation, the relation between history and truth, the Inquisition, Spanish imperialism, the New World, the Morisco expulsion, and more. Theatre and Poetry of the Spanish Golden Age SPAN-UA 421 Offered every other year. 4 points. Selected texts from Spain during the 16th and 17th centuries (traditionally considered the Golden Age of Spanish art and literature), read in the context of Counter-Reformation culture and Spain\u2019s changing place in early modern Europe. Authors include Garcilaso, Lope de Vega, Tirso de Molina, Calder\u00f3n de la Barca, Quevedo, and G\u00f3ngora. The course may be taught with a focus on theatre or poetry (or both). History of Spanish Art from 1890 to the Present SPAN-UA 426 When taught in English, carries the course number SPAN-UA 425. Offered every other year. 4 points. Survey of the major artists, movements, and institutions that shaped Spanish art from the end of the 19th century to the end of the 20th, including Antoni Gaud\u00ed, Pablo Picasso, Joan Mir\u00f3, Luis Bu\u00f1uel, Salvador Dal\u00ed, Antoni T\u00e0pies, Equipo Cr\u00f3nica, and Pedro Almod\u00f3var. Themes include the reception of the European avant-garde; the debate between \"pure\" and \"social\" art; the use of history and myth in the construction of national artistic styles; center and periphery; and the role of academies, galleries, exhibitions, and caf\u00e9s in the formation of artistic identities. See It, Read It: Photography and Discourse in Latin America SPAN-UA 440 Offered every other year. 4 points. An analysis of photography in relation to writing. The course explores the inherent tension in the photograph between its role as historical document or as artistic work through a study of the history of Latin American photography, and explores the impact of photography on writing through key texts that take photography as their main concern (but where no photographs appear) and texts that play on the page with the relationship between image and word. Secret Weapons: Reading Julio Cort\u00e1zar Today SPAN-UA 441 Offered periodically. 4 points. Compares Cort\u00e1zar\u2019s work with that of his contemporaries, establishing connections and influences among them, while at the same time studying the author\u2019s manipulation of high and low culture through his involvement with photography, painting, jazz, boxing, almanacs, and music. Latin American Theatre SPAN-UA 460 When taught in English, carries the course number SPAN-UA 761. Offered every other year. 4 points. This course provides an introduction to the history, theories, and practices of Latin American theatre in the twentieth and twenty-first centuries, lending special attention to special meanings of modernist and post-modernist dramatic forms in cultures where industrial modernity has been an insecure social context. We draw on postcolonial Latin American theories of culture and art, such as transculturation, antropofag\u00eda, the \u201caesthetics of hunger,\u201d and consider \u201cmagical realism\u201d as a social poetics of scarcity, newly relevant for today\u2019s neoliberal regimes. Throughout, we consider the theatre in relation to the region\u2019s complex social, sexual, and cultural politics. Topics in Spanish American Literature and Culture SPAN-UA 550 When conducted in English, carries the course number SPAN-UA 551. Offered every semester. 4 points. Recent topics include New Borderlands in Latin America and Spain, Cultures of the Mexican Revolution, Myth and Literature, Hispanic Cities, Latin American Film, Intimacy and Precarity, Performance and Human Rights in Latin America, Literature and Animality, and Is Spanish One Language? Transatlantic Avant-gardes: Sites of Modernity SPAN-UA 625 Offered every other year. 4 points. A study of mobility, travel, and cultural transmission in the artistic and literary avant-gardes of the 20th century in Europe and the Americas, with a focus on those sites in which vibrant transatlantic exchange took place among artists and writers from Spain and Latin America. Intimacy and Precariousness: Problems of Contemporary Latin American Culture SPAN-UA 645 Conducted in Spanish. Offered every other semester. 4 points. In this seminar, we will study some of the themes and problems that characterize much of Latin American literary and cultural production of the last two decades. The course will be organized around two axes that condense determining aspects of recent literary work in Latin America: (1) Writings of the \u201cI\u201d: The question of the relation between biography and fiction, between intimacy and public exhibition(ism), and of new modes of constructing subjectivity constitutes one of the most recurrent critical debates of the present. We will explore these questions in texts by Fernando Vallejo, Roberto Bola\u00f1o, Alan Pauls and Sylvia Molloy, among others. (2) Figures of abandonment, of precariousness and of disavowal recur, in the most diverse ways, in a large part of recent literary fiction, reflecting directly or obliquely, depending on the specific case, radical transformations of the political and of the relation between politics and literature. We will explore how literature reformulates different juridical, economic, affective and social modalities of abandonment as a sign of the present, turning to texts by Rodolfo Fogwill, Mario Bellat\u00edn, and Martin Kohan, and films de Lucrecia Martel and Eduardo Coutinho, among others. Modern Hispanic Cities SPAN-UA 650 Offered periodically. 4 points. Using an interdisciplinary, multimedia, and comparative approach, the course examines various cities in the Spanish-speaking world and their physical, spatial, literary, musical, and imaginary constructions. Cities covered may include Mexico City, Havana, Lima, Buenos Aires, San Juan, Madrid, Barcelona, and New York. Topics in Brazil Studies SPAN-UA 700, 701 If taught in Portuguese, the prerequisite is Intermediate Portuguese (PORT-UA 4 or equivalent) or comparable language proficiency. 4 points. Special topics in Brazil Studies, focused on Brazilian culture, society, and/or arts and the relationship between them. Fictions of Power in Spain and Latin America SPAN-UA 732 Offered periodically. 4 points. Details about the texts, authors, and films covered in any particular semester may be found on the department\u2019s website and in course descriptions available in the department. Literature and Film of the Cuban Revolution SPAN-UA 795 Offered every other year. 4 points. Critical readings of speeches, essays, novels, and films from and about the 1959 Cuban Revolution. Texts by Castro, Guevara, Barnet, Fern\u00e1ndez Retamar, Padilla, Cabrera Infante, Desnoes, and Arenas, and films by Kalamazov, Guti\u00e9rrez Alea, and Almendros. Topics in Peninsular Spanish Literature and Culture SPAN-UA 950 When conducted in English, carries the course number SPAN-UA 951. Offered every semester. 4 points. Recent topics include Culture and Memory, Experimental Documentary from Spain, Researching the Abraham Lincoln Brigades, Spanish Romanticism, Poetics and Ethics, Spanish Cultural Studies, and 19th-Century Novels. Home People Language Placement Undergraduate Program Graduate Programs Study Away News & Events Alumni Resources & Affiliations Ph.D. Portal Employment Opportunities Contact Us Stay Connected like us on Facebook Photo Credits Contact Us | © New York University , Arts and Science"}, {"content": "People, Spanish and Portuguese | New York University Navigation NEW YORK UNIVERSITY ARTS AND SCIENCE COLLEGE OF ARTS AND SCIENCE GRADUATE SCHOOL OF ARTS AND SCIENCE Home > People People Professors Professors Gabriela Basterra Email: gabriela.basterra@nyu.edu Research/Interest: Literature and philosophy, ethical and poetic subjectivity, comparative literature, rhetoric, poetry, tragedy, psychoanalysis, ethics and politics, Kant, Levinas. Ana Mar\u00eda Dopico Email: ana.dopico@nyu.edu Research/Interest: Comparative studies of the Americas, theory and history of the novel, Cuban and Caribbean Culture, nationhood and imperialism, syncretism and visual culture, memory and popular culture, national poets, public intellectuals and cultural genealogies, U.S. Latino cultures, North-South studies/cultural politics of the global South, gender and narrative, psychoanalysis and social mythologies. Georgina Dopico-Black Email: gdb3@nyu.edu Research/Interest: Early-modern Spanish literatures and cultures; cultural history; the body / anatomy; biopolitics; human / animal studies; gender studies; translation studies; canon formation / libraries; nation / empire; transatlantic studies; Cervantes Dylon Robbins Email: dylon.robbins@nyu.edu Research/Interest: Cultural and theoretical production of Brazil and Cuba; African Diasporas; intellectual and cultural histories, media, cinema, and popular music James D. Fern\u00e1ndez Email: jf2@nyu.edu Research/Interest: Historical and cultural relations between Spain, Spanish America and the US; US involvement in the Spanish Civil War; Spanish immigrants in the US; documentary film. Sibylle Fischer Email: sibylle.fischer@nyu.edu Research/Interest: Caribbean literature and culture; Spanish American Independence; the Haitian Revolution; culture and politics in the nineteenth century; the history of political thought. Gabriel Giorgi Email: gag206@nyu.edu Research/Interest: Literature from the Southern Cone; biopolitics; queer theory and gender studies; literature and philosophy; critical theory. Jo Labanyi Email: jl1220@nyu.edu Research/Interest: Spanish literature and culture of the 19th and 20th centuries; film, especially that of the early Franco period; gender studies; popular culture; memory, especially in relation to the Spanish Civil War. Jill Lane Email: jill.lane@nyu.edu Research/Interest: Latin American theater, comparative approaches to race and performance in the Americas, Cuba. Laura Torres-Rodriguez Email: ljt233@nyu.edu Research/Interest: Mexican literature and visual culture since 1890; Latin American intellectual history; Orientalism and postcolonial theory; nationalism and colonialism; Latin American modernismo; aestheticism and popular culture; gender studies; poetry; Marxism in Latin America and Asia. Jacques Lezra Email: jl174@nyu.edu Research/Interest: Comparative literature and literary theory; Shakespeare; the literary and visual culture of Early Modern Europe. Jordana Mendelson Email: jm3318@nyu.edu Research/Interest: Early twentieth-century visual culture in Spain Marta C. Peixoto Email: marta.peixoto@nyu.edu Research/Interest: Brazilian literature, literary theory, gender theory, modern poetry. Perla Masi Email: perla.masi@nyu.edu Research/Interest: Modern and contemporary Iberian and Latin American literatures and cultures; poetry and philosophy; political theology; biopolitics; translation; Arab migration and Orientalism in Latin America and Spain. Rub\u00e9n R\u00edos-\u00c1vila Email: ruben.rios@nyu.edu Research/Interest: Caribbean Literature, Queer Studies, and theory. S.J. Pearce Email: sjp264@nyu.edu Research/Interest: Hebrew and Arabic literature of Iberia; mester de clerec\u00eda; 12th- and 13th-century Castile; the translation movement; history and literature of the \"tres culturas\"; literary representations of Alexander the Great; history of literature; historical readings of literature; codicology Eduardo Subirats Email: ers4@nyu.edu Research/Interest: Spanish intellectual history; the Counter Reformation and the colonisation of Spanish America; the Enlightenment; avant-garde theory; artistic movements in Spain and Latin America; modern Latin American and Spanish essay. Diana Taylor Email: diana.taylor@nyu.edu Research/Interest: Latin American and U.S. theatre and performance, performance and politics, feminist theatre and performance in the Americas, Hemispheric studies, trauma studies. Zeb Tortorici Email: zt3@nyu.edu Research/Interest: Gender and sexuality in colonial Latin America; archival theories; queering archives; death and dying; history of suicide; human-animal studies; animals in Latin America; history of pornography Visiting Professors Sara Nadal-Melsi\u00f3 Email: sara.nadal@nyu.edu Research/Interest: Critical Theory; Philosophical Approaches to Film and Literature; Politics and Comedy; Political Thought; Marxist Aesthetic Theory; Experimental and Militant Film; Peninsular Cultures from the 1900s; Catalan and Minor Literatures; Contemporary Visual Cultures; Collectives and Collaboration; Realisms. Clinical Professors Maria de Lourdes D\u00e1vila Email: mdd5@nyu.edu Research/Interest: 19th and 20th Century Latin American Literature; focus on Southern Cone, Puerto Rican Literature, Latino Studies, Literary Criticism, Aesthetics and Interartistic Studies, Popular Culture, and Translation. Mariela Dreyfus Email: md98@nyu.edu Research/Interest: Aesthetics and Poetics of Modernism; Tradition and Revision in Latin American Poetry; Politics and Gender in Latin America Women Writers; French and Latin American Surrealism; Contemporary Latina Writers; Literary Theory. Jabier Elorrieta Email: jabier.elorrieta@nyu.edu Research/Interest: Foreign language teaching methodology, second-language acquisition, study abroad, phonology, syntax and morphology, dialectology, curricular planning, teacher training. Judith K. N\u00e9methy Email: jn2@nyu.edu Research/Interest: Foreign language teaching methodology, second language acquisition, historical linguistics, Spanish dialectology, ethnic, minority and diaspora studies. Lila Zemborain Email: lz2@nyu.edu Research/Interest: Twentieth-century Spanish-American Poetry; relationships between visual arts and contemporary Spanish-American poetry. Mar\u00eda Jos\u00e9 Zubieta Email: mjz1@nyu.edu Research/Interest: Translation, legal interpretation, and second language acquisition Lecturers Laura Amelio Email: lca220@nyu.edu Research/Interest: Literature, pedagogy, rhetoric, romanticism, theory, translation. Elizabeth A. Augspach Email: ea38@nyu.edu Research/Interest: Medieval Studies, Second Language Acquisition. Miriam Ayres Email: mma1@nyu.edu Research/Interest: second language acquisition, methodologies foreign language instruction, comparative literary and critical studies: Brazil, Spain, Spanish America. Tirso Cleves Email: tc54@nyu.edu Research/Interest: The short story, Spanish and ESL Education Enrique Del Risco Email: ed286@nyu.edu Research/Interest: Contemporary Latin American Literature; Contemporary Cultural Studies; Cuban Culture and Literature; Nation and National Mythologies; Cultural Exiles. F\u00e9lix Manuel Burgos Email: fmburgos@nyu.edu Research/Interest: Discourse analysis, cognitive semantics, language in mass and social media, sociolinguistics. Odi Gonzales Email: og10@nyu.edu Research/Interest: Quechua Oral Tradition XVI-XXI Centuries; Latin American Literature Heriberto J Hern\u00e1ndez Email: hh46@nyu.edu Research/Interest: Foreign language methodology, second language acquisition. Anabel Lopez-Garcia Email: anabel.lopez@nyu.edu Research/Interest: Medieval and Golden Age Literature, Manuscript Culture, Translation. Carlos F. Martinez Email: cfm5@nyu.edu Research/Interest: Foreign language methodology, second language acquisition. Roxanna Sooudi Email: rs400@nyu.edu Research/Interest: Foreign language methodology; Southern Cone fiction. Eduardo Segura Email: es140@nyu.edu Research/Interest: Foreign language methodology, second language acquisition. Esther A. Truzman Email: et41@nyu.edu Research/Interest: Foreign Language teaching and curricular planning, 19th Century Peninsular and Latin American texts, Transatlantic Studies, Identity Politics Carlos Veloso Email: cv14@nyu.edu Research/Interest: Luso Brazilian Culture; Contemporary Literature; Art and Culture in Latin America; Aesthetics (second half of the 20th century; philosophy of art); Individualism, self knowledge, skepticism, theories of solipsism, phenomenology Retired Faculty Helene M. Anderson Email: hma1@nyu.edu Kenneth Krabbenhoft Email: kk1@nyu.edu H. Salvador Mart\u00ednez Email: hsm1@nyu.edu Mary Louise Pratt Email: mlp7@nyu.edu Sylvia Molloy Home People Language Placement Undergraduate Program Graduate Programs Study Away News & Events Alumni Resources & Affiliations Ph.D. Portal Employment Opportunities Contact Us Stay Connected like us on Facebook Photo Credits Contact Us | © New York University , Arts and Science"}]}] |
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},
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],
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{"835430":{"success":true,"data":{"type":"game","name":"La-Mulana 2","steam_appid":835430,"required_age":0,"is_free":false,"controller_support":"full","dlc":[916280],"detailed_description":"<img src=\"https:\/\/steamcdn-a.akamaihd.net\/steam\/apps\/835430\/extras\/welcome_s.png?t=1545101855\" ><br><br>La-Mulana 2 features sprawling ancient ruins, mind-boggling mysteries, untold numbers of items, and terrible enemies combining to form what is possibly the perfect Metroidvania-style "archaeological ruin exploration action game".<br><br>In La-Mulana 2, you take on the role of Lumisa Kosugi - daughter of the previous title\u2019s hero - as she explores the ancient ruins of La-Mulana, said to be the cradle of human civilization. Desperate to find the cause of the numerous recent appearances of monsters from the ruins, Lumisa heads to the "other" La-Mulana: the ruins known as Eg-Lana.<br><br>Explore the vast ruins comprising multiple field maps, solve mysteries and riddles using the stone tablets and messages you discover along the way, and take out huge monsters known as "Guardians" as you make your way to the deepest depths of the ruins.<br><br>You won\u2019t believe the awesome mystery of Eg-Lana awaiting you at the end of your journey...<br><br><img src=\"https:\/\/steamcdn-a.akamaihd.net\/steam\/apps\/835430\/extras\/about_la-mulana_2_s.png?t=1545101855\" ><br>La-Mulana was known as a "Metroidvania"-style game (a 2D action platformer with an emphasis on non-linear exploration). That said, the real core of the game is in deciphering the riddles scattered throughout the game, and solving the puzzles that exist as part of the ruins.<br><br><strong>A classic experience<\/strong>: As with its predecessor, La-Mulana 2 will not feature a tutorial or a long-winded sidekick. As a seasoned explorer, it's up to you to discover the secrets hidden within the ruins and find the truth on your own.<br><br><strong>Explore at your own pace<\/strong>: By deciphering cryptic text on the monuments scattered throughout the ruins, you will gradually unravel the mystery of the ruins. Which parts of the sprawling underground you tackle, and in what order, is up to you. Sometimes you will need to use changes in backgrounds, mysterious sounds, the strength of enemies, or the sneakiness of traps to detect subtle changes in your surroundings. <br><br><strong>A colossal adventure<\/strong>: We have designed a variety of zones, and have created a mystery deep enough to encompass a gigantic cave system. This is a very large-scale indie title. We predict newcomers to the series will probably be able to clear the game in 20 to 30 hours. Because of the non-linear nature of Eg-Lana, La-Mulana 2 will have plenty of replayability.<br><br><strong>New horrors, new weapons<\/strong>: Plenty of ferocious and terrifying monsters and guardians stand in your way in the depths of this new underground network. Fortunately, you will also have an arsenal of tools and weapons at your disposal to help you on your journey.<br><br><strong>Widescreen support<\/strong>: The first La-Mulana was a remake of a retro-style game that ran in a 4:3 aspect ratio, which made widescreen support impossible. For La-Mulana 2, the various maps and rooms are designed to be 16:9-compatible, making it perfect for widescreen TVs and monitors.<br><br>The question we\u2019ve asked ourselves throughout development is: "How can we make an old-school 2D game take advantage of advancements in present-day technology?"<br><br><br><img src=\"https:\/\/steamcdn-a.akamaihd.net\/steam\/apps\/835430\/extras\/Game_Features_s.png?t=1545101855\" ><br><ul class=\"bb_ul\"><li>Become an adventurer and explore sprawling ancient ruins<br><\/li><li>Gather hints to solve the various mysteries of the ruins<br><\/li><li>Dive into the action as you fight off tough enemies seeking to impede your progress<br><\/li><li>A detailed and beautifully dot-rendered world<br><\/li><li>Seven main weapons and over ten sub-weapons<br><\/li><li>Over 60 items of various types to help you explore the ruins<br><\/li><li>Over 20 apps to install on your trusty adventurer\u2019s tablet, the "Mobile Super X3"<br><\/li><li>Includes reference book with over 200 monsters and other characters in the game<br><br><br><img src=\"https:\/\/steamcdn-a.akamaihd.net\/steam\/apps\/835430\/extras\/the_characters_s.png?t=1545101855\" ><h2 class=\"bb_tag\">Lumisa Kosugi<\/h2>(21 years old; fourth-generation Japanese; the game's protagonist)<br><br><img src=\"https:\/\/steamcdn-a.akamaihd.net\/steam\/apps\/835430\/extras\/Lumisa.jpg?t=1545101855\" ><br><br>Some say she is Lemeza's wife's daughter from a previous marriage, while others believe she's Professor Shawn's illegitimate child. Either way, she is a Kosugi; that much is clear. She travels to La-Mulana to make her archaeological debut after accepting Xelpud's request to search the ruins.<h2 class=\"bb_tag\">Lemeza Kosugi<\/h2>(36 years old; the previous game's protagonist)<br><br><img src=\"https:\/\/steamcdn-a.akamaihd.net\/steam\/apps\/835430\/extras\/Lemeza.jpg?t=1545101855\" ><br><br>Tales of his exploits in the ruins of La-Mulana may be known worldwide, but he was also responsible for the ruins' destruction, and has gone into hiding as a result. His love of exploration has not faded, however, and he still finds time to go spelunking in secret.<h2 class=\"bb_tag\">Shawn Kosugi<\/h2>(67 years old)<br><br><img src=\"https:\/\/steamcdn-a.akamaihd.net\/steam\/apps\/835430\/extras\/Shorn.jpg?t=1545101855\" ><br><br>After revealing the "Treasure of All Life" he brought back from the ruins of La-Mulana, he returned to a hermetic life once more. Although he technically retired after finishing his research on the "Cradle of All Civilization", he finds himself slowly drawn back into the world of archaeology.<h2 class=\"bb_tag\">Elder Xelpud<\/h2>(Age unknown)<br><br><img src=\"https:\/\/steamcdn-a.akamaihd.net\/steam\/apps\/835430\/extras\/Xelpud_The_Elder.jpg?t=1545101855\" ><br><br>Upon the collapse of the La-Mulana ruins, his life as a 7th Child came to an end. He's been spending his time running the "La-Mulana Ruins Tourist Spot" in hopes of finding purpose in life once again. As a result, he's become quite wealthy, and now lives a life of luxury full of beautiful women and fast cars.<h2 class=\"bb_tag\">Mulbruk<\/h2>(3024 years old; looks\/hopes to look about 24)<br><br><img src=\"https:\/\/steamcdn-a.akamaihd.net\/steam\/apps\/835430\/extras\/Mulbruk.jpg?t=1545101855\" ><br><br>Since her release from the ruins, Mulbruk has been happily living aboveground, pretending to be a "normal" young woman. Using her amazing knowledge of history, she has become a treasure hunter. She's also become quite fashionable.<\/li><\/ul>","about_the_game":"<img src=\"https:\/\/steamcdn-a.akamaihd.net\/steam\/apps\/835430\/extras\/welcome_s.png?t=1545101855\" ><br><br>La-Mulana 2 features sprawling ancient ruins, mind-boggling mysteries, untold numbers of items, and terrible enemies combining to form what is possibly the perfect Metroidvania-style "archaeological ruin exploration action game".<br><br>In La-Mulana 2, you take on the role of Lumisa Kosugi - daughter of the previous title\u2019s hero - as she explores the ancient ruins of La-Mulana, said to be the cradle of human civilization. Desperate to find the cause of the numerous recent appearances of monsters from the ruins, Lumisa heads to the "other" La-Mulana: the ruins known as Eg-Lana.<br><br>Explore the vast ruins comprising multiple field maps, solve mysteries and riddles using the stone tablets and messages you discover along the way, and take out huge monsters known as "Guardians" as you make your way to the deepest depths of the ruins.<br><br>You won\u2019t believe the awesome mystery of Eg-Lana awaiting you at the end of your journey...<br><br><img src=\"https:\/\/steamcdn-a.akamaihd.net\/steam\/apps\/835430\/extras\/about_la-mulana_2_s.png?t=1545101855\" ><br>La-Mulana was known as a "Metroidvania"-style game (a 2D action platformer with an emphasis on non-linear exploration). That said, the real core of the game is in deciphering the riddles scattered throughout the game, and solving the puzzles that exist as part of the ruins.<br><br><strong>A classic experience<\/strong>: As with its predecessor, La-Mulana 2 will not feature a tutorial or a long-winded sidekick. As a seasoned explorer, it's up to you to discover the secrets hidden within the ruins and find the truth on your own.<br><br><strong>Explore at your own pace<\/strong>: By deciphering cryptic text on the monuments scattered throughout the ruins, you will gradually unravel the mystery of the ruins. Which parts of the sprawling underground you tackle, and in what order, is up to you. Sometimes you will need to use changes in backgrounds, mysterious sounds, the strength of enemies, or the sneakiness of traps to detect subtle changes in your surroundings. <br><br><strong>A colossal adventure<\/strong>: We have designed a variety of zones, and have created a mystery deep enough to encompass a gigantic cave system. This is a very large-scale indie title. We predict newcomers to the series will probably be able to clear the game in 20 to 30 hours. Because of the non-linear nature of Eg-Lana, La-Mulana 2 will have plenty of replayability.<br><br><strong>New horrors, new weapons<\/strong>: Plenty of ferocious and terrifying monsters and guardians stand in your way in the depths of this new underground network. Fortunately, you will also have an arsenal of tools and weapons at your disposal to help you on your journey.<br><br><strong>Widescreen support<\/strong>: The first La-Mulana was a remake of a retro-style game that ran in a 4:3 aspect ratio, which made widescreen support impossible. For La-Mulana 2, the various maps and rooms are designed to be 16:9-compatible, making it perfect for widescreen TVs and monitors.<br><br>The question we\u2019ve asked ourselves throughout development is: "How can we make an old-school 2D game take advantage of advancements in present-day technology?"<br><br><br><img src=\"https:\/\/steamcdn-a.akamaihd.net\/steam\/apps\/835430\/extras\/Game_Features_s.png?t=1545101855\" ><br><ul class=\"bb_ul\"><li>Become an adventurer and explore sprawling ancient ruins<br><\/li><li>Gather hints to solve the various mysteries of the ruins<br><\/li><li>Dive into the action as you fight off tough enemies seeking to impede your progress<br><\/li><li>A detailed and beautifully dot-rendered world<br><\/li><li>Seven main weapons and over ten sub-weapons<br><\/li><li>Over 60 items of various types to help you explore the ruins<br><\/li><li>Over 20 apps to install on your trusty adventurer\u2019s tablet, the "Mobile Super X3"<br><\/li><li>Includes reference book with over 200 monsters and other characters in the game<br><br><br><img src=\"https:\/\/steamcdn-a.akamaihd.net\/steam\/apps\/835430\/extras\/the_characters_s.png?t=1545101855\" ><h2 class=\"bb_tag\">Lumisa Kosugi<\/h2>(21 years old; fourth-generation Japanese; the game's protagonist)<br><br><img src=\"https:\/\/steamcdn-a.akamaihd.net\/steam\/apps\/835430\/extras\/Lumisa.jpg?t=1545101855\" ><br><br>Some say she is Lemeza's wife's daughter from a previous marriage, while others believe she's Professor Shawn's illegitimate child. Either way, she is a Kosugi; that much is clear. She travels to La-Mulana to make her archaeological debut after accepting Xelpud's request to search the ruins.<h2 class=\"bb_tag\">Lemeza Kosugi<\/h2>(36 years old; the previous game's protagonist)<br><br><img src=\"https:\/\/steamcdn-a.akamaihd.net\/steam\/apps\/835430\/extras\/Lemeza.jpg?t=1545101855\" ><br><br>Tales of his exploits in the ruins of La-Mulana may be known worldwide, but he was also responsible for the ruins' destruction, and has gone into hiding as a result. His love of exploration has not faded, however, and he still finds time to go spelunking in secret.<h2 class=\"bb_tag\">Shawn Kosugi<\/h2>(67 years old)<br><br><img src=\"https:\/\/steamcdn-a.akamaihd.net\/steam\/apps\/835430\/extras\/Shorn.jpg?t=1545101855\" ><br><br>After revealing the "Treasure of All Life" he brought back from the ruins of La-Mulana, he returned to a hermetic life once more. Although he technically retired after finishing his research on the "Cradle of All Civilization", he finds himself slowly drawn back into the world of archaeology.<h2 class=\"bb_tag\">Elder Xelpud<\/h2>(Age unknown)<br><br><img src=\"https:\/\/steamcdn-a.akamaihd.net\/steam\/apps\/835430\/extras\/Xelpud_The_Elder.jpg?t=1545101855\" ><br><br>Upon the collapse of the La-Mulana ruins, his life as a 7th Child came to an end. He's been spending his time running the "La-Mulana Ruins Tourist Spot" in hopes of finding purpose in life once again. As a result, he's become quite wealthy, and now lives a life of luxury full of beautiful women and fast cars.<h2 class=\"bb_tag\">Mulbruk<\/h2>(3024 years old; looks\/hopes to look about 24)<br><br><img src=\"https:\/\/steamcdn-a.akamaihd.net\/steam\/apps\/835430\/extras\/Mulbruk.jpg?t=1545101855\" ><br><br>Since her release from the ruins, Mulbruk has been happily living aboveground, pretending to be a "normal" young woman. Using her amazing knowledge of history, she has become a treasure hunter. She's also become quite fashionable.<\/li><\/ul>","short_description":"The long-awaited sequel to La-Mulana, La-Mulana 2 follows Lumisa Kosugi as she explores the ancient ruins of La-Mulana. Desperate to find the cause of the recent slew of monsters appearing from the ruins, Lumisa discovers the "other" La-Mulana: the ruins known as Eg-Lana.","supported_languages":"English, Japanese, Simplified Chinese","header_image":"https:\/\/steamcdn-a.akamaihd.net\/steam\/apps\/835430\/header.jpg?t=1545101855","website":"http:\/\/la-mulana.com\/","pc_requirements":{"minimum":"<strong>Minimum:<\/strong><br><ul class=\"bb_ul\"><li>Requires a 64-bit processor and operating system<br><\/li><li><strong>OS:<\/strong> Windows 7 (64-bit)<br><\/li><li><strong>Processor:<\/strong> Intel(R) Core(TM) i5 2.3GHz or above<br><\/li><li><strong>Memory:<\/strong> 4 GB RAM<br><\/li><li><strong>Graphics:<\/strong> Graphic board with at least 1GB of VRAM<br><\/li><li><strong>DirectX:<\/strong> Version 11<br><\/li><li><strong>Storage:<\/strong> 4 GB available space<\/li><\/ul>","recommended":"<strong>Recommended:<\/strong><br><ul class=\"bb_ul\"><li>Requires a 64-bit processor and operating system<br><\/li><li><strong>OS:<\/strong> Windows 10 (64bit)<br><\/li><li><strong>Processor:<\/strong> Intel(R) Core(TM) i7 3.00GHz or above<br><\/li><li><strong>Memory:<\/strong> 8 GB RAM<br><\/li><li><strong>Graphics:<\/strong> DirectX\u00ae 12-compatible graphic board with at least 2GB of VRAM<br><\/li><li><strong>DirectX:<\/strong> Version 11<br><\/li><li><strong>Storage:<\/strong> 4 GB available space<br><\/li><li><strong>Sound Card:<\/strong> DirectX\u00ae 12 compatible sound card<\/li><\/ul>"},"mac_requirements":{"minimum":"<strong>Minimum:<\/strong><br><ul class=\"bb_ul\"><li>Requires a 64-bit processor and operating system<br><\/li><li><strong>OS:<\/strong> Mac OS 10.11 or later<br><\/li><li><strong>Processor:<\/strong> Intel(R) Core(TM) i5 2.3GHz or above<br><\/li><li><strong>Memory:<\/strong> 4 GB RAM<br><\/li><li><strong>Graphics:<\/strong> Graphic board with at least 1GB of VRAM<br><\/li><li><strong>Storage:<\/strong> 4 GB available space<\/li><\/ul>","recommended":"<strong>Recommended:<\/strong><br><ul class=\"bb_ul\"><li>Requires a 64-bit processor and operating system<br><\/li><li><strong>OS:<\/strong> Mac OS 10.11 or later<br><\/li><li><strong>Processor:<\/strong> Intel(R) Core(TM) i7 3.0GHz or above<br><\/li><li><strong>Memory:<\/strong> 8 GB RAM<br><\/li><li><strong>Graphics:<\/strong> Graphic board with at least 2GB of VRAM<br><\/li><li><strong>Storage:<\/strong> 4 GB available space<\/li><\/ul>"},"linux_requirements":{"minimum":"<strong>Minimum:<\/strong><br><ul class=\"bb_ul\"><li>Requires a 64-bit processor and operating system<\/li><\/ul>","recommended":"<strong>Recommended:<\/strong><br><ul class=\"bb_ul\"><li>Requires a 64-bit processor and operating system<\/li><\/ul>"},"legal_notice":"\u00a9 ASTERIZM CO., LTD. Game Production Division NIGORO All Rights Reserved. <br \/>\r\nLicensed to and published by Active Gaming Media Inc.","developers":["NIGORO"],"publishers":["AGM PLAYISM"],"price_overview":{"currency":"EUR","initial":2099,"final":2099,"discount_percent":0,"initial_formatted":"","final_formatted":"20,99\u20ac"},"packages":[260090],"package_groups":[{"name":"default","title":"Buy La-Mulana 2","description":"","selection_text":"Select a purchase option","save_text":"","display_type":0,"is_recurring_subscription":"false","subs":[{"packageid":260090,"percent_savings_text":"","percent_savings":0,"option_text":"La-Mulana 2 - 20,99\u20ac","option_description":"","can_get_free_license":"0","is_free_license":false,"price_in_cents_with_discount":2099}]}],"platforms":{"windows":true,"mac":true,"linux":false},"metacritic":{"score":79,"url":"https:\/\/www.metacritic.com\/game\/pc\/la-mulana-2?ftag=MCD-06-10aaa1f"},"categories":[{"id":2,"description":"Single-player"},{"id":22,"description":"Steam 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["[From: Abbie]\nApril 7 1783", "My dearest Friend", "Tis a long a very long time since I had an opportunity of conveying a single line to you.", "I have upon many accounts been impatient to do it.", "I now most sincerely rejoice in the great and important event which sheaths the Hostile Sword and, gives a pleasing presage that our spears may become prunning hooks; that the Lust of Man is restrained, or the powers and revenues of kingdoms become inadequate to the", "purposes of distruction.", "I have had the good fortune to receive several Letters from you of late; I thank you for them; they are always too short, but I do not complain knowing the thousand avocations you must have upon your mind and Hands.", "Yours of December 4th, gave me the highest pleasure.", "\u201cAnd shall I see his face again\nAnd shall I hear him speak\u201d", "Your Letter of Janry. 29 created perturbations, yet allayed anxiety.", "\u201cYour \u201cImage your \u201cSuperscription, Your Emelia would tell you, if she would venture to write to you upon the subject; that it was not the superficial accomplishments of danceing, singing, and playing; that led her to a favorable opinion of Selim; since she knew him not,", "when those were his favorite amusements\u2014nor has he ever been in the practise of either, since his residence in this Town; even the former Beau, has been converted into the plain dressing Man; and the Gay volatile Youth, appears to become the studious Lawyer.", "Yet certain reasons which I do not chuse to enumerate here, have led me to put a present period, as far as advise and desires would go, to the Idea of a connection, to extirpate it from the Hearts and minds of either is not I apprehend in my power, voilent opposition", "never yet served a cause of this nature.", "Whilst they believe me their best Friend, and see that their Interest is near my Heart, and that my opposition is founded upon rational principals, they submit to my prohibition, earnestly wishing for your return, and more prosperous days; as without your approbation,", "they never can conceive themselves happy.", "I will be more particular by the first direct conveyance.", "Mr. Guile who kept Sabbeth with me, tells me he has a vessel which will sail tomorrow for Virgina; and from thence to Europe, yet he knows not for certain to what part, but as this is the only opportunity since December; I would not let it slip.", "We are all well, our two Sons go on Monday with Billy Cranch to Haverhill; there to be under the care and tuition of Mr. Shaw who has one in his family which he offers for colledge in july.", "I have done the best I could with them.", "They have been without a school ever since janry.", "I tried Mr. Shutes but could not get them in, he having seven in his family; and four more engaged to him.", "Andover was full and so is every other private School.", "They do not like the thoughts of mammas going a broad, and my little Neice who has lived 5 years with me prays that her uncle may return, and hopes he will not send her away when he <returns> comes.", "This day has been our meeting for the choise of a Governour.", "The vote in this Town was for Genll. Lincoln.", "There were proposals of chuseing an absent Man, but I discouraged it wherever I heard it mentiond. <We want>", "Be kind enough to let the young Gentlemen who reside with you know, that their Friends are well and that I will do myself the pleasure of answering their Letters by the first vessel which sails from this port.", "Adieu and believe me most affectionately and tenderly yours\nPortia", "Mr. Smith is to be my Gaurdian and protector if I cross the Atlantick. He comes whether I do or not.", "Emelia has spent the winter in Boston, during that time it has been currently reported that preliminary articles were setled between this gentleman and her.", "She took no pains to discountanance this report\u2014but alass her Heart is drawn an other way\u2014and Mr. S. never entertaind an Idea of the kind."] |
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{
"의안접수정보": {
"의안번호": [
"1810872"
],
"제안일자": [
"2011-02-18"
],
"제안자": [
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],
"문서": [
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],
"제안회기": [
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],
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},
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"행정안전위원회"
],
"회부일": [
"2011-02-21"
],
"상정일": [
"2011-04-12"
],
"처리일": [
""
],
"처리결과": [
""
],
"문서": [
"검토보고서"
]
},
"소관위 회의정보": {
"회의명": [
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],
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"2011-04-12"
],
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],
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""
]
},
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""
],
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],
"회의명": [
""
],
"회의결과": [
"임기만료폐기"
],
"회의록": [
""
]
}
} |
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"version": "1.0.0",
"description": "Lembrar de alterar o nome da pasta do projeto no caso ela foi criado com o nome portalv4, ou seja, se for necessario alterar o nome do projeto para o nome da sua empresa, por exemplo, piocoroSA entao voce devera altera o DocumentRoot e tambem o Directory",
"main": "index.js",
"directories": {
"test": "tests"
},
"scripts": {
"test": "echo \"Error: no test specified\" && exit 1"
},
"repository": {
"type": "git",
"url": "https://github.com/melhoridadesa/portalv4.git"
},
"author": "",
"license": "ISC",
"bugs": {
"url": "https://github.com/melhoridadesa/portalv4/issues"
},
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}
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{"brief_title": "The Collaborative Longitudinal Evaluation of Ethnicity and Refractive Error (CLEERE) Study", "brief_summary": "To compare and contrast normal eye growth, ocular component development, and refractive error development in Hispanic, African-American, and Asian schoolchildren with what happens in Caucasian children from the Orinda Longitudinal Study of Myopia. To investigate risk factors for the development of myopia. To conduct DNA-based studies on nearsighted children and their families.", "detailed_description": "The Orinda Longitudinal Study of Myopia (OLSM) was started in 1989 to investigate normal eye growth and the development of myopia in over 1,200 school-aged children to date. Beginning in 1997, three parallel study phases are being conducted. Phase 1 investigates additional factors that may predict the onset of juvenile myopia (accommodative function, peripheral refractive error, intraocular pressure, and school achievement). Phase 2 compares and contrasts the optical ocular components and refractive error profiles of other ethnic groups with the predominantly Caucasian Orinda database. Phase 3 conducts DNA-based studies on the prevalent OLSM myopes and their families to use these phenotypically well-characterized children and a panel of candidate genes to look for evidence of genetic factors. In parallel with the candidate gene association, family material is used in an allele sharing approach to identify loci using highly variable, PCR-based markers. In Phase 1 we continue to examine Orinda Union School District children in grades 1 through 8 (ages 6 through 14 years) annually. The measurement of accommodative response, accommodative lag, phoria, response AC/A ratio, peripheral refractive error, and intraocular pressure will be added to the existing protocol, and photokeratoscopy and two measures of tonic accommodation will be eliminated to minimize respondent burden. Parents of children in the study will be contacted for their permission to release school achievement data (Iowa Test of Basic Skills). Phase 2 adds a major component by adding three clinical centers to assess the influence of ethnicity on normal ocular and refractive error development. Children in these three are examined annually with initial enrollment in all grades from 1 through 8 using the revised OLSM protocol as described above. Increased prevalence of myopia among children of myopic parents, twin studies, segregation analysis, and our own preliminary analyses from the OLSM support a genetic etiologic component for myopia. In phase 3, we use the phenotypic characterization of children in the Orinda Longitudinal Study of Myopia to identify prevalent cases of myopia and their families. These well-defined phenotypic myopes and non-myopic siblings and their parents are being explored, seeking to develop a panel of candidate genes for myopia and to conduct an allele sharing analysis in these families The Collaborative Longitudinal Evaluation of Ethnicity and Refractive Error (CLEERE) Study is a multi-center, observational investigation of ocular development and refractive error development in schoolchildren. It adds three clinical centers to the Orinda Longitudinal Study of Myopia (OLSM), begun in 1989, specifically to describe normal ocular growth in children ages 6 to 14 years, and to develop the ability to predict juvenile onset myopia before it is clinically evident. In addition to the more than 1,300 predominantly Caucasian children enrolled in the OLSM, three additional clinical sites enroll African-American, Hispanic, and Asian children. The children are examined annually for at least four years. Examinations include visual acuity, refraction by a variety of methods (cycloplegic autorefraction being the primary outcome measure), cover test at distance and near, accommodative response assessment with the autorefractor, response AC/A ratio measurement, videophakometry, peripheral refraction, and A-scan ultrasonography. Patients are examined at 4 clinical centers. The clinical centers have enrolled 3,493 patients as of April 28, 1999.", "condition": ["Myopia"], "criteria": "Children were eligible if they were enrolled in the first through eighth grades in selected schools in Eutaw, Alabama; Houston, Texas; Orinda, California; or Irvine, California in the 1997-98 academic year and in the first grade only in Eutaw, Houston, and Irvine in the 1998-99 academic year.", "gender": "All", "minimum_age": "6 Years", "maximum_age": "14 Years", "healthy_volunteers": "Accepts Healthy Volunteers", "id": "NCT00000169"} |
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{"Joplin": {"Joplin High School": "Joplin High School is a comprehensive public high school in Joplin, Jasper County, Missouri, USA. The first high school was founded in 1885. JHS has a student population of almost 2,200 students in grades 9-12. Joplin High School is fully accredited by AdvancED and North Central Association of Colleges and Schools and by the Missouri Department of Elementary and Secondary Education (DESE)."}} |
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