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RCof OG12.doc

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RCof OG12.doc

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    阅阅解析?

    In Winters v. United States (1908), the Supreme Court held that the right to use waters

    fl owing through or adjacent to the Fort Belknap Indian Reservation was reserved to

    American Indians by the treaty establishing the reservation. Although this treaty did not mention water rights, the Court ruled that the federal government, when it created the

    reservation, intended to deal fairly with American Indians by reserving for them the

    waters without which their lands would have been useless. Later decisions, citing

    Winters, established that courts can find federal rights to reserve water for particular purposes if (1) the land in question lies within an enclave under exclusive federal

    jurisdiction, (2) the land has been formally withdrawn from federal public lands—i.e.,

    withdrawn from the stock of federal lands available for private use under federal land use laws—and set aside or reserved, and (3) the circumstances reveal the government

    intended to reserve water as well as land when establishing the reservation. Some

    American Indian tribes have also established water rights through the courts based on their traditional diversion and use of certain waters prior to the United States’ acquisition of sovereignty. For example, the Rio Grande pueblos already existed when the United States acquired sovereignty over New Mexico in 1848. Although they at that time became part of the United States, the pueblo lands never formally constituted a part of federal public lands; in any event, no treaty, statute, or executive order has ever designated or withdrawn the pueblos from public lands as American Indian reservations. This fact,

    however, has not barred application of the Winters doctrine. What constitutes an

    American Indian reservation is a question of practice, not of legal definition, and the pueblos have always been treated as reservations by the United States. This pragmatic approach is buttressed by Arizona v. California (1963), wherein the Supreme Court indicated that the manner in which any type of federal reservation is created does not

    affect the application to it of the Winters doctrine. Therefore, the reserved water

    rights of Pueblo Indians have priority over other citizens’ water rights as of 1848, the year in which pueblos must be considered to have become reservations.

    Note:

    Fort Belknap Indian Reservation 贝贝贝贝贝贝贝贝贝贝要塞拉普印第安居留地

    Rio Grande pueblos 贝贝贝贝贝贝贝格德河沿岸高原

    Reserve vt.贝贝

    Explicit

    adj. 贝贝贝明确的,清楚的,直率的,述的

    Statute

    n. [] 贝 法,法令,条例制定法

    Rescind : vi. 阅阅阅阅阅解除,除,撤回

    Modify v. 阅阅阅修改,和?modify阅阅阅阅阅的去分?adj. 阅阅阅阅阅阅阅阅阅阅改的?修改的,改良的,修改的

    Recognition n. 识识?承识!识出?重识?识?公识,再识,识可

    57. According to the passage, which of the following was true of the treaty establishing the Fort Belknap Indian Reservation?

    (A) It was challenged in the Supreme Court a number of times.(NO mention)

    (B) It was rescinded by the federal government, an action that gave rise to the Winters case. (NO mention)

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    (C) It cited American Indians’ traditional use of the land’s resources. ?本文主要是

    water?与land 贝贝无?

    (D) It failed to mention water rights to be enjoyed by the reservation’s inhabitants.(E) It was modified by the Supreme Court in Arizona v. California

     (AC FB case 贝无相)

    58. The passage suggests that, if the criteria discussed in lines 10–20 were the only criteria for establishing a reservation’s water rights, which of the following would be true?(A) The water rights of the inhabitants of the Fort Belknap Indian Reservation would not take precedence over those of other citizens. ?FBcase 贝贝贝贝贝贝贝授予的先?并因此

    而形成准?贝贝贝

    (B) Reservations established before 1848 would be judged to have no water rights.?no

    mention?

    (C) There would be no legal basis for the water rights of the Rio Grande pueblos.(D) Reservations other than American Indian reservations could not be created with reserved water rights. (

    (E) Treaties establishing reservations would have to mention water rights explicitly in order to reserve water for a particular purpose.

    59.Which of the following most accurately summarizes the relationship between Arizona v. California in lines 38–42, and the criteria citing the Winters doctrine in lines 10–20?(A) Arizona v. California abolishes these criteria and establishes a competing set of criteria for applying the Winters doctrine.

    (B) Arizona v. California establishes that the Winters doctrine applies to a broader range of situations than those defined by these criteria.

    (C) Arizona v. California represents the sole example of an exception to the criteria as they were set forth in the Winters doctrine.

    (D) Arizona v. California does not refer to the Winters doctrine to justify water rights, whereas these criteria do rely on the Winters doctrine.

    (E) Arizona v. California applies the criteria derived from the Winters doctrine only to federal lands other than American Indian reservations.

    60.The “pragmatic approach” mentioned in lines 37–38 of the passage is best defined as one that

    (A) grants recognition to reservations that were never formally established but that have traditionally been treated as such

    (B) determines the water rights of all citizens in a particular region by examining the actual history of water usage in that region

    (C) gives federal courts the right to reserve water along with land even when it is clear that the government originally intended to reserve only the land

    (D) bases the decision to recognize the legal rights of a group on the practical effect such a recognition is likely to have on other citizens

    (E) dictates that courts ignore precedents set by such cases as Winters v. United States in

    deciding what water rights belong to reserved

    61. The author cites the fact that the Rio Grande pueblos were never formally withdrawn from public lands primarily in order to do which of the following?

    (A) Suggest why it might have been argued that the Winters doctrine ought not to apply to pueblo lands

    (B) Imply that the United States never really acquired sovereignty over pueblo lands(C) Argue that the pueblo lands ought still to be considered part of federal public lands(D) Support the argument that the water rights of citizens other than American Indians are limited by the Winters doctrine

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    (E) Suggest that federal courts cannot claim jurisdiction over cases disputing the traditional diversion and use of water by Pueblo Indians

    62. The primary purpose of the passage is to

    (A) trace the development of laws establishing American Indian reservations(B) explain the legal bases for the water rights of American Indian tribes(C) question the legal criteria often used to determine the water rights of American Indiantribes

    (D) discuss evidence establishing the earliest date at which the federal government recognized the water rights of American Indians

    (E) point out a legal distinction between different types of American Indian reservations63. The passage suggests that the legal rights of citizens other than American Indians to the use of water flowing into the Rio Grande pueblos are

    (A) guaranteed by the precedent set in Arizona v.California

    (B) abolished by the Winters doctrine

    (C) deferred to the Pueblo Indians whenever treaties explicitly require this(D) guaranteed by federal land-use laws

    (E) limited by the prior claims of the Pueblo Indians

    Note:

    Fort Belknap Indian Reservation 贝贝贝贝贝贝贝贝贝贝要塞拉普印第安居留地

    1?Although this treaty did not mention water rights, the Court ruled that the federal government, when it created the reservation, intended to deal fairly with American Indians by reserving for them the waters without which their lands would have been useless

    尽管条没有提到水?最高法院裁定邦政府在修建水贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝

    贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝要公平理美州印地安人的用水利?否他的土地将毫无用。

    2. courts can find federal rights to reserve water for particular purposes if (1) the land in question lies within an enclave under exclusive federal jurisdiction, (2) the land has been formally withdrawn from federal public lands—i.e., withdrawn from the stock of federal lands available for private use under federal land use laws—and set aside or reserved, and (3) the circumstances reveal the government intended to reserve water as well as land when establishing the reservation.

    Enclave 贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝?地?指在本国境内的隶属另一国的一土?,被包的土,被包物

    Jurisdictionn. 贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝司法?判?管,限?力?管?管。

    Reservationn. 贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝?存,自然保区,,[金融] 贝贝

    vt. 贝贝贝贝 ,保留,vi. 贝贝

    3.Some American Indian tribes have also established water rights through the courts based on their traditional diversion and use of certain waters prior to the United States’ acquisition of sovereignty

    根据的流向分布和美国政府得管之前的使用法贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝

    一些印第安部落也通法院建立了用水。贝贝贝贝贝贝贝贝贝贝

    Diversionn. 贝贝贝贝贝贝贝贝贝移,消遣,分散注意力?道行?向

    diversion trench 贝 流槽

    diversion ratio 分水率; 分流比

    bar n. 条?棒,酒吧,障碍prep. ……除外vt. 贝禁止,阻

    pragmatic adj. 贝贝贝贝贝贝贝贝贝贝贝的,用主的,用的

    buttressed n. 扶壁,拱壁,支撑物vt. 支持,以扶壁支撑支持的

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    P2

    Many United States companies have, unfortunately, made the search for legal protectionfrom import competition into a major line of work. Since 1980 the United States International Trade Commission (ITC) has received about 280 complaints alleging damage from imports that benefit from subsidies by foreign governments. Another 340 charge that foreign companies “dumped” their products in the United States at“less than fair value.” Even when no unfair practices are alleged, the simple claim that an industry

    has been injured by imports is sufficient grounds to seek relief.

    Contrary to the general impression, this quest for import relief has hurt more companies than it has helped. As corporations begin to function globally, they develop an intricate web of marketing, production, and research relationships. The complexity of

    these relationships makes it unlikely that a system of import relief laws will meet the strategic needs of all the units under the same parent company.

    Internationalization increases the danger that foreign companies will use import relief laws against the very companies the laws were designed to protect. Suppose a United States–owned company establishes an overseas plant to manufacture a product while its competitor makes the same product in the United States. If the competitor can prove

    injury from the imports—and that the United States company received a subsidy from a foreign government to build its plant abroad—the United States company’s products will be uncompetitive in the United States, since they would be subject to duties.Perhaps the most brazen case occurred when the ITC investigated allegations that Canadian companies were injuring the United States salt industry by dumping rock salt, used to de-ice roads. The bizarre aspect of the complaint was that a foreign conglomerate with United States operations was crying for help against a United States company with foreign operations. The “United States” company claiming injury was a subsidiary of a Dutch conglomerate, while the “Canadian’’ companies included a subsidiary of a Chicago firm that was the second-largest domestic producer of rock salt.Note

    Intricate

    adj. 贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝的,的?的?的?懂的

    an brazen case 贝贝贝贝贝贝 一个厚无耻的案例

    braze n. 贝贝vt. 贝贝贝贝贝贝贝贝用黄制,使成黄色,贝贝贝合金

    brazen adj. 贝贝贝贝厚无耻的

    bizarre

    adj. 贝 贝贝奇异的?指度?容貌?款式等?奇形怪状的怪的

    conglomerate 贝

    n. [] 贝贝贝贝贝贝贝贝岩,企集,聚合物vi. 贝凝聚成

    adj. 贝贝贝贝贝贝贝成的,岩性的

    subsidiary

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    n. 贝贝贝子公司,助者adj. 贝 附属的,助的附属机构

    subsidy

    n. 贝贝贝贝 贝贝贝贝,津,助金反税

    Questions 64–69 refer to the passage above.

    64. The passage is chiefly concerned with

    (A) arguing against the increased internationalization of United States corporations(B) warning that the application of laws affecting trade frequently has unintended consequences

    (C) demonstrating that foreign-based firms receive more subsidies from their governments than United States firms receive from the United States government(D) advocating the use of trade restrictions for“dumped” products but not for other imports

    (E) recommending a uniform method for handling claims of unfair trade practices65. It can be inferred from the passage that the minimal basis for a complaint to the

    International Trade Commission is which of the following?

    (A) A foreign competitor has received a subsidy from a foreign government.(B) A foreign competitor has substantially increased the volume of products shipped to the United States.

    (C) A foreign competitor is selling products in the United States at less than fair market value.

    (D) The company requesting import relief has been injured by the sale of imports in the United States.

    (E) The company requesting import relief has been barred from exporting products to the country of its foreign competitor

    66. The last paragraph performs which of the following functions in the passage?(A) It summarizes the discussion thus far and suggests additional areas for research.(B) It presents a recommendation based on the evidence presented earlier.(C) It discusses an exceptional case in which the results expected by the author of the passage were not obtained.

    (D) It introduces an additional area of concern not mentioned earlier.(E) It cites a specific case that illustrates a problem presented more generally in the previous paragraph.

    67. The passage warns of which of the following dangers?

    (A) Companies in the United States may receive no protection from imports unless they actively seek protection from import competition.

    (B) Companies that seek legal protection from import competition may incur legal costs that far exceed any possible gain.

    (C) Companies that are United States owned but operate internationally may not be eligible for protection from import competition under the laws of the countries in which their plants operate.

    (D) Companies that are not United States owned may seek legal protection from import competition under United States import relief laws.

    (E) Companies in the United States that import raw materials may have to pay duties on those materials.

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    Eligible

    n. 贝贝贝合格者,适任者,有格者

    adj. 贝贝贝贝贝合格的?合适的,符合条件的,有格当的

    68. The passage suggests that which of the following is most likely to be true of United States trade laws?

    (A) They will eliminate the practice of “dumping” products in the United States.(B) They will enable manufacturers in the United States to compete more profitably outside the United States.

    (C) They will affect United States trade with Canada more negatively than trade with other nations.

    (D) Those that help one unit within a parent company will not necessarily help other units in the company.

    (E) Those that are applied to international companies will accomplish their intended result.

    69. It can be inferred from the passage that the author believes which of the following about the complaint mentioned in the last paragraph?

    (A) The ITC acted unfairly toward the complainant in its investigation.(B) The complaint violated the intent of import relief laws.

    (C) The response of the ITC to the complaint provided suitable relief from unfair tradepractices to the complainant.

    (D) The ITC did not have access to appropriate information concerning the case.(E) Each of the companies involved in the complaint

    P3

    Milankovitch proposed in the early twentieth century that the ice ages were caused by variations in the Earth’s orbit around the Sun. For some time this theory was

    considered untestable, largely because there was no sufficiently precise chronology of the ice ages with which the orbital variations could be matched.To establish such a chronology it is necessary to determine the relative amounts of land ice that existed at various times in the Earth’s past. A recent discovery makes such a

    determination possible: relative land-ice volume for a given period can be deduced from the ratio of two oxygen isotopes, 16 and 18, found in ocean sediments. Almost all

    the oxygen in water is oxygen 16, but a few molecules out of every thousand incorporate the heavier isotope 18. When an ice age begins, the continental ice sheets grow, steadily reducing the amount of water evaporated from the ocean that will eventually return to it. Because heavier isotopes tend to be left behind when water evaporates from the ocean surfaces, the remaining ocean water becomes progressively enriched in oxygen 18. The degree of enrichment can be determined by analyzing ocean sediments of the period, because these sediments are composed of calcium carbonate shells of marine organisms, shells that were constructed with oxygen atoms drawn from the surrounding ocean. The higher the ratio of oxygen 18 to oxygen 16 in a

    sedimentary specimen, the more land ice there was when the sediment was laid

    down.

    As an indicator of shifts in the Earth’s climate, the isotope record has two advantages.

    First, it is a global record: there is remarkably little variation in isotope ratios in sedimentary specimens taken from different continental locations. Second, it is a more

    continuous record than that taken from rocks on land. Because of these advantages,

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    sedimentary evidence can be dated with sufficient accuracy by radiometric methods to establish a precise chronology of the ice ages. The dated isotope record shows that

    the fluctuations in global ice volume over the past several hundred thousand years have

    a pattern: an ice age occurs roughly once every 100,000 years. These data have established a strong connection between variations in the Earth’s orbit and the periodicity of the ice ages.

    However, it is important to note that other factors, such as volcanic particulates or variations in the amount of sunlight received by the Earth, could potentially have affected the climate. The advantage of the Milankovitch theory is that it is testable; changes in the Earth’s orbit can be calculated and dated by applying Newton’s laws of gravity to progressively earlier configurations of the bodies in the solar system. Yet the lack of

    information about other possible factors affecting global climate does not make

    them unimportant.

    NOTE

    Chronology n. 贝年表,年代学?年代

    isotopes 同位素

    incorporate

    vt. 贝……包含?吸收,体,把合并

    adj. 贝贝贝贝贝合并的,一体化的,成公司的

    vi. 贝贝贝贝合并,混合,成公司

    calcium carbonate shells 贝贝贝碳酸外壳

    fluctuation 贝

    Volcanic particulates 贝贝火山灰粒

    Particulate n. 贝贝贝贝贝贝贝贝贝贝贝贝贝贝贝微粒,大气,微粒物,空气中微小粒?particulate贝贝贝贝贝的数形式?

    Configuration n. 贝 配置,构,外形构型

    70. In the passage, the author is primarily interested in

    (A) suggesting an alternative to an outdated research method

    (B) introducing a new research method that calls an accepted theory into question(C) emphasizing the instability of data gathered from the application of a new scientific method

    (D) presenting a theory and describing a new method to test that theory(E) initiating a debate about a widely accepted theory

    71. The author of the passage would be most likely to agree with which of the following statements about the Milankovitch theory?

    (A) It is the only possible explanation for the ice ages.

    (B) It is too limited to provide a plausible explanation for the ice ages, despite recent research findings.

    (C) It cannot be tested and confirmed until further research on volcanic activity is done.(D) It is one plausible explanation, though not the only one, for the ice ages.(E) It is not a plausible explanation for the ice ages, although it has opened up promising possibilities for future research.

    72. It can be inferred from the passage that the isotope record taken from ocean sediments would be less useful to researchers if which of the following were true?

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    (A) It indicated that lighter isotopes of oxygen predominated at certain times.(B) It had far more gaps in its sequence than the record taken from rocks on land.(C) It indicated that climate shifts did not occur every 100,000 years.(D) It indicated that the ratios of oxygen 16 and oxygen 18 in ocean water were not consistent with those found in fresh water.

    (E) It stretched back for only a million years.

    73. According to the passage, which of the following is true of the ratios of oxygen isotopes in ocean sediments?

    (A) They indicate that sediments found during an ice age contain more calcium carbonate

    than sediments formed at other times.

    (B) They are less reliable than the evidence from rocks on land in determining the volume of land ice.

    (C) They can be used to deduce the relative volume of land ice that was present when the sediment was laid down.

    (D) They are more unpredictable during an ice age than in other climatic conditions.(E) They can be used to determine atmospheric conditions at various times in the past.74. It can be inferred from the passage that precipitation formed from evaporated ocean water has

    (A) the same isotopic ratio as ocean water

    (B) less oxygen 18 than does ocean water

    (C) less oxygen 18 than has the ice contained in continental ice sheets(D) a different isotopic composition than has precipitation formed from water on land

    (E) more oxygen 16 than has precipitation formed from fresh water

    75. It can be inferred from the passage that calcium carbonate shells(A) are not as susceptible to deterioration as rocks

    (B) are less common in sediments formed during an ice age

    (C) are found only in areas that were once covered by land ice

    (D) contain radioactive material that can be used to determine a sediment’s isotopic

    composition (贝贝贝贝贝贝贝贝贝贝贝可以反?而不是决定?用reflect)

    (E) reflect the isotopic composition of the water at the time the shells were formedP4

    Two works published in 1984 demonstrate contrasting approaches to writing the history of

    United States women. Buel and Buel’s biography of Mary Fish (1736–1818) makes little effort to place her story in the context of recent historiography on women. Lebsock, meanwhile, attempts not only to write the history of women in one southern community, but also to redirect two decades of historiographical debate as to whether women

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    gained or lost status in the nineteenth century as compared with the eighteenth century. Although

    both books offer the reader the opportunity to assess this controversy regarding women’s status, only Lebsock’s deals with it directly. She examines several different aspects of

    women’s status, helping to refine and resolve the issues. She concludes that while

    women gained autonomy in some areas, especially in the private sphere, they lost it in many aspects of the economic sphere. More importantly, she shows that the debate

    itself depends on frame of reference: in many respects, women lost power in relation

    to men, for example, as certain jobs (delivering babies, supervising schools) were taken over by men. Yet women also gained power in comparison with their previous status, owning a

    higher proportion of real estate, for example. In contrast, Buel and Buel’s biography

    provides ample raw material for questioning the myth, fostered by some historians,

    of a colonial golden age in the eighteenth century but does not give the reader much

    guidance in analyzing the controversy over women’s status.

    NOTE:

    Historiographical adj. 史学研究的

    Redirect vt. 使改方向,重新定向

    Questions 76–81 refer to the passage above.

    76. The primary purpose of the passage is to

    (A) examine two sides of a historiographical debate

    (B) call into question an author’s approach to a historiographical debate(C) examine one author’s approach to a historiographical debate

    (D) discuss two authors’ works in relationship to a historiographical debate(E) explain the prevalent perspective on a historiographical debate

    77. The author of the passage mentions the supervision of schools primarily in order to(A) remind readers of the role education played in the cultural changes of the nineteenth century in the United States

    (B) suggest an area in which nineteenth-century American women were relatively free to exercise power

    (C) provide an example of an occupation for which accurate data about women’s

    participation are difficult to obtain ?No mention?

    (D) speculate about which occupations were considered suitable for United States women of the nineteenth century

    (E) illustrate how the answers to questions about women’s status depend on particular contexts

    Speculate

    vi. 贝贝贝贝贝贝贝推,投机,思索,vt. 推断,贝 猜投机

    78. With which of the following characterizations of Lebsock’s contribution to the controversy concerning women’s status in the nineteenth-century United States would the author of the passage be most likely to agree?

    (A) Lebsock has studied women from a formerly neglected region and time period.(B) Lebsock has demonstrated the importance of frame of reference in answering questions about women’s status.

    (C) Lebsock has addressed the controversy by using women’s current status as a frame of reference.

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    (D) Lebsock has analyzed statistics about occupations and property that were previouslyignored.

    (E) Lebsock has applied recent historiographical methods to the biography of a

    nineteenthcentury woman. (原文是women community not a single woman)

    79. According to the passage, Lebsock’s work differs from Buel and Buel’s work in that Lebsock’s work

    (A) uses a large number of primary sources

    (B) ignores issues of women’s legal status

    (C) refuses to take a position on women’s status in the eighteenth century(D) addresses larger historiographical issues

    (E) fails to provide sufficient material to support its claims

    80. The passage suggests that Lebsock believes that compared to nineteenth-century American women,eighteenth-century American women were

    (A) in many respects less powerful in relation to men

    (B) more likely to own real estate

    (C) generally more economically independent

    (D) more independent in conducting their private lives

    (E) less likely to work as school superintendents

    81. The passage suggests that Buel and Buel’s biography of Mary Fish provides evidence for which of the following views of women’s history?

    (A) Women have lost power in relation to men since the colonial era.(B) Women of the colonial era were not as likely to be concerned with their status as were women in the nineteenth century.

    (C) The colonial era was not as favorable for women as some historians have believed.

    (D) Women had more economic autonomy in the colonial era than in the nineteenth century.

    (E) Women’s occupations were generally more respected in the colonial era than in the nineteenth century.

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