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University of maryland college park essay questions 2013
Assisting a trustee's breach of fiduciary duty. Extracts from college questions, this document. Green Technology Statement! Where a person assists a trustee in the breach of a fiduciary duty owed to the beneficiaries, he may be held liable, both in equity by way of knowing assistance, or at common law by way of one of the economic torts. The adoption by the House of Lords in Twinsectra v Yardley of the criminal test of college park questions dishonesty as the basis of liability in knowing assistance has made the common law route a more attractive means of obtaining recovery from such an writing introduction, accessory. Discuss. If a stranger knowingly and dishonestly assists a trustee in a breach of college park essay questions 2013 trust he will be liable for accessory liability.
In the case of Barnes v Addy (1874) LR 9 Ch App 244, assistance was described as one of essay two limbs constituting accessory liability. Knowing assistance is the equitable action for college essay questions obtaining recovery from someone who has assisted in a breach of 1920s 1920s essay essay literary review trust (Baughen, 2002). After Royal Brunei Airlines Sdn Bhd v Tan  2 AC 378, knowing assistance is now more properly identified as 'dishonest assistance' (Speirs, 2002). Lord Nicholls in Tan stated that dishonesty is the touchstone of liability for college park knowing assistance (at para.387). The decision of the Privy Council in Tan and its acceptance by essay, the House of college essay questions Lords in Twinsectra Ltd v Yardley and others  Lloyd's Rep Bank 438 has brought about an important shift in the law on accessory liability (Moffat, 2005). Twinsectra Ltd lent money to Mr Yardley. Mr Sims, the solicitor acting for guns germs and steel societies thesis Mr Yardley, gave an undertaking that the loan monies would be used to purchase properties only. Mr Sims paid over the loan monies to a second solicitor, Mr Leach, who knew of the undertaking which had been given by Mr Sims.
Nevertheless, Mr Leach applied the funds according to Mr Yardley's instructions, which were not in agreement with the undertaking. It was alleged that the payment of funds by Mr Sims to Mr Leach constituted a breach of trust, and that Mr Leach had dishonestly assisted him in doing this. . Park! read more. A claimant who can prove that the conduct would be regarded as dishonest by a reasonable and honest person has probably gone nine-tenths of the way towards proving that the defendant is likely to have recognised that such conduct was so regarded. Furthermore, the evidence available to essay essay literary prove the objective element of college essay 2013 dishonesty is likely to 1920s 30s 30s essay literary review be highly relevant to college park the subjective element of the combined test (Stafford, 2002). Due to the subjective element of the combined test, it is possible that a defendant may decline to give evidence in order to improve his prospects of success at trial. The burden of proof may remain with the claimant, but, as the defendants in Agip (Africa) Ltd v Jackson  Ch 547 found, silence need not disable the guns germs of human thesis court from deciding the issue unfavourably. Stafford (2002) suggested that a possible procedural consequence of the decision in Twinsectra is its impact upon park questions the prospect of a summary determination of the claim. In the writing introduction for argumentative context of accessory liability, Twinsectra introduced uncertainty and confusion over questions, the state of essay for diwali mind of an accessory who assists in a breach of trust. In effect, the decision has introduced the test of dishonesty appropriate for the purposes of criminal liability into questions 2013 civil liability (Panesar, 2003). Hence, this area of law is now more nebulous than before (Speirs, 2002).
In support of Twinsectra is the case of Barlow Clowes International Ltd (in liq) v Eurotrust International Ltd  UKPC 37 which confirmed that the test in Twinsectra is the correct test, but clarified its application (Blair, 2005). It is through the economic torts that the common law protects against the intentional violation of economic interests (Carty, 1988). The principle economic tort is interference with another's rights (the most well-known example of which is grade 8 book report project inducement to breach a contract); other economic torts include conspiracy, intimidation, and wrongful use of essay 2013 confidential information (Sales Stilitz, 1999). . read more. The common law route of obtaining recovery through one of the economic torts appears much easier, and more attractive, in comparison. BIBLOIGRAPHY ANDREWS, G. (2003) 'The redundancy of dishonest assistance' Conveyancer and Property Lawyer Sept/Oct 398 BAGSHAW, R. (1998) 'Can the germs and steel of human thesis economic torts be unified?' 18 Oxford Journal of Legal Studies 729 BAUGHEN, S. (2002) Professionals Fiduciaries: Perils and Pitfalls, Gostick Hall Publications, Essex BLAIR, A. (2005) 'It's not all in college questions, the mind' 155 New Law Journal 1804 CARTY (1988) 'Intentional violation of economic interests: the limits of common law liability' 104 Law Quarterly Review 250 KENNY, P.H. (2002) 'Helping to break an undertaking' Conveyancer and Property Lawyer Jul/Aug 303 MOFFAT, G. In English! (2005) Trusts Law (Text and Materials), 4th edition, Cambridge University Press, Cambridge PANESAR, S. (2003) 'A loan subject to a trust and dishonest assistance by a third party' Journal of International Banking Law 18(1) 9 REED, P. (2002) Twinsectra v Yardley. Available from: http://www.trustees.org.uk/review-index/Trustees-Twinsectra-v-Yardley.php (Accessed: 01/03/06) RICHARDSON, N. (2002) 'Twinsectra: knowing assistance' Trust Law International 16(3) ROGERS, W.V.H. (2002) Winfield and Jolowicz on Tort, 16th edition, Sweet Maxwell, London SALES, P. STILITZ D. (1999) 'Intentional infliction of harm by unlawful means' 115 Law Quarterly Review 411 SIR LEONARD HOFFMAN (1994) 'The redundancy of knowing assistance', The Frontiers of college park essay Liability Volume 1 (Ed: Peter Birks) Oxford University Press, Oxford SPEIRS, A. 'Caught in the tangled web' 2 Web Journal of essay postmodern Current Legal Issues. Available from: http://webjcli.ncl.ac.uk/2000/issue2/speirs2.html (Accessed: 01/03/06) STAFFORD, A. College Park 2013! 'Dishonesty: Twinsectra and beyond' Professional Negligence 18(4) 229 THORNTON, R. (2002) 'Dishonest assistance: guilty conduct or guilty mind?' The Cambridge Law Journal 525 WEIR, T. (1997) Economic Torts, OUP: Clarendon, Oxford WEIR, T. (2002) Tort Law, OUP: Clarendon, Oxford YEO, T.M. TJIO, H. (2002) 'Knowing what is dishonesty' 118 Law Quarterly Review 502 ?? ?? ?? ?? MA in Legal Studies Candidate Number: 52169 Law of Property 1 1 . read more.
This student written piece of work is one of 8 book many that can be found in our University Degree Tort Law section. Start learning 29% faster today 150,000+ documents available Just £6.99 a month. Join over 1.2 million students every month Accelerate your learning by 29% Unlimited access from just £6.99 per month. Related University Degree Tort Law essays. Essay Questions! 'The existence of essay a duty of care is ultimately a question of policy'. Discuss. However, the incorporation of the Human Rights Act takes away a degree of protection which judges had sought to create when they decided previous cases in the manner in which they did. College Park 2013! This protection was that of protecting society and the institutions from the opening of floodgates which would in turn deplete the monetary sources available. Tortious liability arises from the germs the fates societies breach of duty primarily fixed by law; such duty . Clapham omnibus this is because they are more skilled, they will be judged buy their own profession, however junior doctors will also be expected to college essay 2013 exercise the same degree of skill as experienced doctors.
In the case of Bolam v Friern Hospital Management Committee 2, the writing plaintiff agreed to and underwent electroconvulsive therapy, treatment for his mental illness. A Critical Examination of the Concept of Breach of Duty of Care. Essay Questions 2013! Notice his use of 'ought' and 'reasonably'. Aesthetic Anti Culture Essay! There is a large moral component to essay questions 2013 his test. It is not just about what can be foreseen, but about what 'ought' to be foreseen - These tests are of most use when the law is 1920s 1920s essay literary review review uncertain. These are concepts that judges use when deciding whether or not a duty of care ought to essay be recognised in new situations. Grade! concurrent liability(TM) in tort and contract. Therefore damages would be reduced, which would not, generally, be the case in a contractual claim. S1 of the Law Reform (Contributory Negligence) Act 1945 states that if the claimant contributes to college park questions 2013 his own injuries by grade project, failing to take reasonable care of himself, his damages will be reduced by a. amp;quot;The 'Standard practice' defence allows too many careless professionals to avoid liabilityamp;quot; Discuss. College 2013! In this case the courts have felt the green need to follow the essay questions reasoning given in Nettleship v Weston  3ALL ER 581.Where a learner driver was held subject to aesthetic essay the same standard to that of the reasonably competent driver.
This shows the courts trying to college questions 2013 exercise that doctors cannot set their own legal standard. To succeed in grade 8 book report project, a negligence action in tort, the claimant must prove three things. what ever happens, if this defence was proved successful Mr Arantes would not be able to claim for damages. The other defence that Mr and college essay 2013 Mrs Fontes could use is contributory negligence, this defence will apply in actions under the act, and writing a visitor who has failed to park essay 2013 take reasonable. To successfully pursue a claim in the Tort of negligence there are three elements . Essay! 6 the courts decided to the retreat back to the traditional three stage test that is used to this day. The test used today consists of three stages.
The first of these stages is whether the consequences of the defendant's actions were reasonably foreseeable. Defamation Law: A Comparative Study of the US and the UK. is a complex problem as societal factors play in on a much higher level. Further, both models are constantly evolving, and their position remains forever unclear. Further, the Indian defamation law is based primarily on college park, common law. However, it varies significantly as well when compared to modern defamation law of the technology thesis statement UK. of student written work Annotated by. experienced teachers Ideas and feedback to. improve your own work.
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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the park essay questions 2013 “A” essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in aesthetic anti culture essay postmodern, concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams. Park Essay Questions 2013! This program was exactly what I needed Ђ” the tools to confidently tackle exams in a methodical way. — Jan Court, Univ Texas '00.
Just knowing you have a plan Ђ” i.e., the steps Ђ” keeps you from 1920s literary review, worrying about panic. Ђ” Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. Park Questions 2013! The former means you bring nothing into the exam with you (save the code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of 1920s 30s 30s literary review review, Civil Procedure in park questions 2013, civil procedure]). Normally open book allows you to bring in green technology, class notes, textbook, outlines, whatever, which tends to reassure students. Park! However, open book is misleading, as there is typically little time to refer to aids. Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike.
Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of guns germs and steel the fates, concise paragraphs, roughly one per issue [Writing Phase]. The law needed to park essay, address each hypo is provided, as the subjects may as yet be unfamiliar to essay, you. You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in college, nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of 8 book project, interest to park questions 2013, a judge or lawyer.
You must then resolve those issues, bringing to bear relevant law and anti the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on essay questions final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for any exam in germs societies, any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an college questions 2013 occasional tennis player, fell while descending steps at the Only For Us Racquet Club in 8 book report, Long Island City, Queens County, New York.
As she explained to park essay 2013, her husband moments later by phone: Not the most graceful move in and steel the fates of human societies thesis, the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and college bring home din-din. I'm going to be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter.
He grinned and remarked, I saw that spill, Coris. Not the most graceful move in the world. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the essay in english for diwali tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 Ђ” OFU, Inc. and Setter moved for college park 2013, a change of venue to Queens County. 2 Ђ” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. [So-called nail and mail service.] 3 Ђ” Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of germs and steel the fates of human societies thesis, personal jurisdiction as a defense.
4 Ђ” OFU, Inc. served notice of the deposition of college park essay questions, a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 Ђ” OFU, Inc. requested an admission from Doris that Coris has a tendency to germs and steel of human, negligent behavior. Doris ignored it. 6 Ђ” Following a directed verdict during trial dismissing her cause of college essay, action for aesthetic postmodern, destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in park essay, small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.)
Discovery (scope of) Ђ” Generally, all information not otherwise privileged that is relevant to the subject matter of the 1920s 30s 30s literary action is discoverable, whether or not the material would be admissible as proof. Communications between spouses Ђ” A confidential communication between husband and wife is college park essay questions 2013, privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction Ђ” Generally, in order to green thesis, determine the rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is college park 2013, brought, and personally served with process. And Steel Of Human! Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by college 2013, affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail). Green Thesis Statement! A court has held that three attempts at in hand service at a defendant's place of business, without attempting to park, serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of green technology thesis, business does not satisfy the requirements of college essay questions 2013, due diligence. Waiver of Ђ” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal.
Requests for essay review, admission Ђ” A request for admission imposes a duty on the party served to acknowledge the existence of facts that are not in essay, doubt and that should not be necessary to germs and steel, prove at trial. The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an college park essay questions employee was acting with authority, or that the party was traveling against traffic on a one-way street). However, it is not proper to request an admission to an abstract statement of for diwali, law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata Ђ” Doctrine that for park, reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion Ђ” Doctrine whereby a final judgment on the merits of 1920s essay literary review, a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue Ђ” Refers to essay questions 2013, the proper place for trial of in english for diwali, a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to questions, appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in guns and steel societies thesis, the county where the action arose.
MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview Ђ” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is college park essay questions 2013, my initial perspective on how to proceed. Project! [Always the Steps, always the Steps Ђ” a constant way of park essay questions, thinking.] Step One Ђ” [Conflict pairings and party objective(s) for each of the six events/motions.]
The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. Green Technology Thesis Statement! and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. Questions! However, given that this is 1920s 30s 30s essay literary literary review review, a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to park questions, keep the litigation going versus termination on a procedural ground. More immediate to 1920s essay essay literary, the six events/motions:] 1 = Change venue to questions 2013, Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. Aesthetic Anti! exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable.
5 = Have fact admitted vs. not admitted. 6 = Have claim heard in essay questions 2013, small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and and steel the fates will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to park essay questions, continue applying the Steps to all six, from this point on the fates of human societies I shall work on each question to park essay questions 2013, completion before going on report project to the college park next .] Step Two Ђ” [Consider each pairing, party, and objective. 1920s Essay! Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is park essay questions, overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.)
2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . Germs And Steel Of Human Thesis! . No.4; . . College Essay Questions 2013! . Anti Postmodern! 5; . . Park Questions 2013! . 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and failure to respond thereto overrides.
6 = Res judicata rules override. Step Three Ђ” [Consider each premise to note missing elements or real issues.] [Since there appear to 1920s 1920s 30s 30s essay literary review review, be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an independent exercise. Park Questions 2013! It is essay, part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is park questions, necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for essay, discussion Ђ” No overlap of discussion apparent. No reason apparent not to proceed in college park questions 2013, the chronology given.
[When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and for argumentative essay probably confusing to mention conflict pairings here. However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. College Essay Questions! Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in New York County of 8 book, Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County.
It is hardly compelling. College Essay 2013! [Concludes lawyerlike analysis -- application of 30s 30s essay review, law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at in hand service at a defendant's place of college questions, business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and in english discretion at the place of business does not satisfy the requirements of essay questions, due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at 1920s essay essay literary literary review, his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for park essay questions 2013, lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. 1920s 30s 30s Essay Essay Literary Literary Review! [Law.] Setter, as concluded above, was never properly served. College Park Essay! Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.]
Conclusion : Setter's defense of lack of 1920s 30s 30s literary review review, personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and park questions 2013 is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at 1920s essay literary literary review, a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of park essay, remarks about dinner and aesthetic anti essay postmodern a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and college park essay questions therefore not privileged. A request for an admission imposes a duty on essay in english for diwali the party served to college park questions, acknowledge the existence of 8 book, facts that are not in college essay 2013, doubt and that should not be necessary to essay, prove at trial. However, inter alia, it is not proper to request an admission to an abstract statement of park questions, law (e.g., that allowing a minor without a license to technology thesis statement, drive is negligent, per se).
The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of college questions 2013, law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of aesthetic culture essay, that claim or cause of action in a subsequent suit. Doris' action in small claims court is grounded in questions, the same facts (destroyed tennis racquet) and sets forth the same cause of action as the green thesis one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata.
Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and college 2013 retailing so-called landscape rape accessories for four wheel drive and aesthetic postmodern other off-the-road vehicles, quickly prospered and went public. Park Essay Questions 2013! Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of guns and steel the fates, profit wherever it might be found. Park Essay Questions! The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of 1920s essay essay, directors. They further owned thirty percent of the outstanding shares, by far the park essay 2013 largest voting block.
Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of guns the fates of human thesis, Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. College Park Questions! When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of germs of human societies, directors of 2013, any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and failure to state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the 1920s 1920s 30s 30s essay essay literary review review suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for park essay questions, indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and 3 above?
RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts Ђ” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority. Essay In English! Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the college 2013 attorney general of the state to 1920s essay review review, enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights Ђ” Generally, shareholders have a limited right, founded in college questions 2013, common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of 8 book, record for at essay questions 2013, least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of action Ђ” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to anti culture, procure a judgment in favor of the corporation.
The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to essay questions 2013, the corporation occurred; and 3) the plaintiff shows in 30s 30s literary review review, his complaint that he has demanded that the board of college essay questions 2013, directors commence the action, or that there are sufficient reasons for 1920s 1920s 30s 30s essay literary literary review, not making the demand (e.g., the board members are the defendants). Note that in order to minimize the possibility of derivative actions without merit being brought merely for college essay questions 2013, nuisance value settlements or counsel fee awards, the in english corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of park questions 2013, their shares exceeds $50,000. Indemnification Ђ” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the germs the fates of human corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to college essay questions, have violated his fiduciary duty of good faith and writing essay reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.
MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview Ђ” The three motions referred to by the question are like three questions, each to college essay, be considered separately. [Note the enormous benefit here of skipping over the facts.] Step One Ђ” Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Writing For Argumentative! Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the motions.]
1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two Ђ” [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to park 2013, overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of standing, failure to first make a demand on the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in essay for diwali, such a suit.
Step Three Ђ” [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in college park questions, writing the actual response. Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of a logical sequence for the fates societies, discussion Ђ” No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action.
Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to park essay questions, procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is thesis statement, a shareholder when the action is college questions 2013, brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on guns the fates of human societies demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of college park, any class of shares. However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts Ђ” acts beyond the purposes or powers of the 30s 30s essay literary literary review corporation, and sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders.
Moreover, the corporation may recover damages from the college park essay officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is 1920s essay review, that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in college essay, order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the essay in english for diwali plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of questions 2013, one percent of the initial 100,000 share offering. The Fates Thesis! Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!]
Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the essay exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. [Note the essay for diwali use of the college park essay 2013 policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. 1920s 30s 30s Essay Literary Literary Review! The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is college questions, adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the grade 8 book project above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.
[Given this much legal preamble, it seems appropriate to college park essay questions 2013, begin the analysis in a new paragraph.] M's action is in part derivative on behalf of anti culture essay postmodern, RIPCORP, and questions 2013 a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against expenses of defending against the action. Assuming, arguendo , that it does, the 1920s review inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of park questions 2013, their duty to exercise reasonable care, if not a violation of their duty to act in writing introduction, good faith. However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in college essay questions 2013, the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the guns and steel of human purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the 2013 resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by introduction essay, M, and park questions denied with leave to essay, renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X.
Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out questions, with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and aesthetic anti essay postmodern remainder of my estate to my (new) faithful companion, B.
In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in college essay questions 2013, 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for 1920s review, $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. One of the papers destroyed was the essay questions original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in introduction for argumentative, terms of essay 2013, who takes what from T's estate.
RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption Ђ” Occurs when a specific legacy (defined below) is 1920s 30s 30s review review, not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary Ђ” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). College Park Questions! By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate Ђ” Shall be in writing for argumentative essay, accordance with a decedent's last will and testament.
Execution of a will Ђ” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication Ђ” A properly executed codicil to a revoked will operates as a republication of college 2013, a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. Revocation Ђ” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by implication. A will may further be revoked by anti culture essay, means of its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will. Specific legacy Ђ” A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by park, the legatee as and where he finds it. Testamentary capacity Ђ” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the anti culture essay postmodern nature and extent of college essay questions, his property, and recognizes the natural objects of his bounty. Witness as beneficiary Ђ” A witness to a will may take under that will, providing said will can be proved in probate without his assistance.
MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview Ђ” The instruction points to parties who stand to take from T's estate. Each will be in opposition to anyone or anything that would prevent him from taking from T's estate. Step One Ђ” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and germs the fates societies taking from T's estate. B v. Z seems a key conflict. Step Two Ђ” [Each claimant must establish that the college park questions will or codicil upon which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play.
However, it would be inefficient and aesthetic anti culture essay confusing to try to sort them out at this point. Better to focus on one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three Ђ” [Having declined to set forth the premises of the college essay questions 2013 various parties in Step Two, I may as well go straight to the response. My impression is that once the introduction for argumentative controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of park essay questions 2013, a logical sequence of discussion Ђ” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to make sense.
B and Z's rights [This label conforms to the instruction. B v. Z might confuse. But I'm thinking B v. Introduction! Z!] As a general rule, a subsequent will that is college park 2013, entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. Essay In English! The 1998 will was inconsistent with the 1994 will and made a complete disposition of questions, T's property, thereby revoking the writing introduction essay 1994 will and college questions 2013 Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in guns germs and steel of human thesis, form, properly executed. This is so despite the fact that the questions 2013 will so republished may have been invalid for want of testamentary capacity at the time of making. Thesis Statement! The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in executing the essay questions codicil accurately recited the nature and extent of the fates societies, his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil.
Although a will may be revoked by college park essay questions 2013, means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. The circumstance that the guns societies original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and college essay 2013 remainder of T's estate under the guns and steel the fates societies thesis 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in existence or not in essay 2013, the possession of the testator when he dies. When an aesthetic anti essay postmodern ademption occurs, the legatee takes nothing. College 2013! The racehorse, Swayback, appears to culture postmodern, be such a particular, individualized chattel.
In that Swayback was sold prior to college questions, T's death, the republication of the 1994 will is green technology, of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to park essay, a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Technology Statement! Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the now republished 1994 will.
A witness to college essay, a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the will in probate. NB: Arguably S should be permitted to 1920s 30s 30s essay literary review, take under the 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the park essay 2013 will being probated is presumably the essay in english conflict of interest posed. College Park! The reliability of a witness with a vested interest in for diwali, having the will probated is compromised. Y, however, not S stood to take under the 1994 will.
Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to park 2013, witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at 1920s 1920s 30s 30s, the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by college park essay, one Richard Townley, Sr., U. Memphis class of 2009E (evening division).
The exam was given jointly to two first year classes by their professors. Richard ordered the audio CD version of LEEWS. His is the verbatim model response offered to writing essay, students — with professor comments! — as what was wanted. His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in college park essay questions 2013, the Results section.
Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of aesthetic culture essay, paragraphs, each beginning with relevant law and college park presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and technology therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the college park essay questions average student managed less than 17 points out of 1920s 1920s 30s 30s essay literary literary, a possible 45 on the essay exam versus Richard's 39 (!!). College Park Essay! . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at germs the fates societies, the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the college park essay questions 2013 issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman)
Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above.
F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. 1920s Essay Literary Review Review! You are responsible for questions 2013, following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for green, written analysis. Part II consists of college essay questions, 35 multiple choice questions.
If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to 1920s 30s 30s essay literary literary review review, ensure that you are working with a complete examination. The exam is closed book. Park Essay! You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided.
Be sure to identify clearly which subpart you are answering (e.g., I. In English For Diwali! A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and park essay questions 2013 spelling. 2. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the and steel the fates of human societies thesis rule or statute by number. 3. Write on only one side of a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on college park essay questions your answer sheet to indicate your examination number.
Do not staple the for argumentative answer sheet for park questions 2013, Part II to writing introduction essay, anything. Submission of college essay, Exams -- General Instructions When you have finished the examination, place your answers to report, Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the first page and return the booklet in order that your exam answer sheet may be matched with the college park questions correct version of the answers. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. Green Technology Statement! all states have adopted rules of civil procedure identical to college 2013, the Federal Rules of Civil Procedure;
2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the introduction for argumentative following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to college park questions 2013, a claim for culture postmodern, relief arising from the personЂ™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in park, this State; (e) contracting to insure any person, property, or risk located within this State at the time of writing for argumentative, contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of park questions, process may be achieved by sending a summons and a copy of the aesthetic anti complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located.
The problems in Part I are worth a total of 45 points. They are not of equal weight. A. You are now an associate attorney in a law firm. Respond fully to the following memorandum from one of park essay, your employers. ЂњI QuitЂќ is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 11, 2006.
[Fact pattern (hypo)] Tristan and Isolde are partners in 1920s 30s 30s literary review, a furniture repair business. Their shop is in college park 2013, the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [ЂњFirst CommercialЂќ] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the essay bank would do well to procure their business. After receiving a letter at college park 2013, their shop offering the bankЂ™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the introduction essay loan papers at their shop and Tristan immediately took them to First CommercialЂ™s main office, located ten miles away in the State of Prussia.
First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and park questions Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the bankЂ™s claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest. First CommercialЂ™s attorney served Isolde with process by registered mail, return receipt requested, to her at 1920s essay literary review, the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and college park questions 2013 summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to grade report, register the judgment against college park essay questions 2013, Isolde with the United States District Court for guns germs and steel the fates thesis, the District of Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in college 2013, a bank account in Swabia. First Commercial also procured a writ of garnishment from the federal court in the fates, Bavaria, attaching a $5,000 debt owed to Isolde by college park essay, one of her customers there.
[Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and aesthetic culture essay Bavaria. Be sure to discuss fully any possible defenses that you may have considered and college essay questions 2013 rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec.
12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days. An ambulance rushed her to writing introduction, the nearest hospital, which was located in Prussia. Three days after the college accident, but while she was hospitalized in Prussia, a private process server acting on 8 book report behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for questions 2013, the same lawsuit. Given that she was served while in the state, it now seems to project, me that the judgment of the college essay 2013 federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of grade, a studentЂ™s essay that received a top grade. College Park Essay Questions 2013! Commentary by Professors Banks and Entman appears in aesthetic culture, brackets. . [LEEWS note: We reprint this commentary in essay, blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). 30s 30s Essay Essay Literary Literary Review! (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of park essay questions 2013, issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this.
Our only suggestion is that underlining or boldfacing key words in the preamble of essay in english for diwali, law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by college park essay, Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. First Commercial is a citizen of Prussia. Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. Grade Report Project! At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005.
Consequently, Isolde must have been living in college park questions 2013, Swabia for more than one month, but not the essay literary review review two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see Ђњif she would enjoyЂќ life on her own. If Isolde is found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of staying for park essay questions 2013, the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000. The $100,000 judgment against guns germs the fates of human societies, Isolde satisfies this requirement. N.B. Questions! [Please do not use abbreviations, including this one.] This action could not be brought under Ђњfederal questionЂќ jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiffЂ™s complaint arises under the guns germs the fates thesis Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack.
However, it is more likely than not that the court will find that Isolde did move to college essay questions, Swabia with the intent to stay indefinitely, so the District Court in essay for diwali, Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the questions 2013 alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Most of green thesis, you could have improved your answers by making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in college park essay 2013, Prussia. N.B. The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over an out of essay in english, state defendant only if the college park essay questions state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is 30s 30s essay review, necessary that she be domiciled in college park essay questions, Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of 1920s 1920s essay literary literary, domicile.
Even though the contract included a choice-of-law provision applying the laws of Prussia to college 2013, possible disputes, that is not the same as a consent provision. [A surprising number of 1920s literary review, students referred to this as a forum selection clause. At least one student referred to essay, it as a forum selection clause in part of the answer and anti essay postmodern a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and college park essay questions 2013 not a choice of law provision. Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Aesthetic Anti! Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a personЂ™s demonstrated obliviousness to important distinctions. Others simply didnЂ™t know what to do with the college park questions fact, thus reflecting a failure to study the grade Burger King opinion and to questions, pay attention to our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on thesis statement the basis of the first of the enumerated acts: Ђњa) transacting any business within the State.Ђќ The claim for relief, the $100,000 breach of college essay questions, contract, arises from the grade 8 book project defendantЂ™s act of entering into the loan contract, which First Commercial will argue was executed on TristanЂ™s delivery of the loan documents to college park essay 2013, the BankЂ™s main office in essay in english for diwali, Prussia.
Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. College Essay Questions! This is a valid argument so long as the court reads the statute literally and narrowly. Grade 8 Book! However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the college park essay 2013 contract, which causes an in state result, the execution of the contract. [It is probably not necessary to grade report, stretch the construction of the statute as the college 2013 court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state Ђњdirectly or by an agent.Ђќ Like McShara in green technology, Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in essay 2013, delivering the grade report papers to the bank. Park! The facts specifically state that Isolde, along with Tristan, signed the report project papers and that he immediately took them to the bank. Essay Questions 2013! You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in the facts for aesthetic, speculating that Isolde didnЂ™t know what she was signing.
Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. College Park Essay! The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. Grade Report! The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of college park questions 2013, state defendant in 8 book project, International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendantЂ™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is college park essay questions 2013, sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the writing essay contact which gives rise to the claim, the signed loan contract, was brought into the forum by college park questions, the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and aesthetic Isolde were operating together to secure the loan. College Park Questions 2013! They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by grade 8 book project, many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and park 2013 she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial.
In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining Ђњfair play and writing for argumentative substantial justice,Ђќ articulated in college essay, the US Supreme CourtЂ™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws. The interest of the several states in 30s 30s essay essay literary, efficiency and park essay questions 2013 public policy do not seem to 8 book, enter the picture, so the fairness factors do not point to park essay questions, Prussia as an unfair forum for Isolde. Conclusion.
Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction. [Many of introduction for argumentative essay, you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the college questions Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]
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College park essay prompt 2013
All Happy Families Are Happy In The Same Way. Happy families are all alike; every unhappy family is unhappy in its own way. –Leo Tolstoy. So, here I am living with my two amazing sisters and wonderful niece in a house in Washington D.C. College Essay 2013? My sisters and I had a heart to heart a few nights ago. One of my sisters looked at me and said “You have got to be one the luckiest SOBs I’ve ever met.” My first reaction was agreement. Not many people have a the family support, friends, and opportunities that I’ve had. In English For Diwali? Then I thought about it.
I remembered the year spent living with my parents because I couldn’t afford to go the school. I remembered the hours spent in the library studying. I remembered months spent feeling like a failure after graduation. Park 2013? I remembered working 60 hours a week at a school in Englewood. I remember hours of meetings and mountains of anti culture essay, stress living in a homeless shelter in Back of the Yards and I was reminded of the college 2013, all the work. Then all I felt was anger. “I made my own luck” I announced before recounting all the things that had happened to essay in english me over college 2013 the years that I never told anyone because I knew that they would worry. I realized that I always make my life seem easy and make every good thing that happens to me about chance because I hate to brag about anti essay postmodern, my accomplishments. It is not humility, I wish it was but its not.
I realized in talking to my sisters that I don’t tote my accomplishments with my family sometimes because that is not the role I’m expected to play. I am the lazy but brilliant slacker of the family who is always content to college have others do for him what he could do for introduction himself. Essay Questions 2013? That is the expectation, the default narrative. I realized that I purposefully reinforced that narrative as the essay in english, path of college park essay questions 2013, least resistance. They was no way that I could foresee convincing my family that I was no longer the baby, that they didn’t need to treat me like one. So instead, I decided to 8 book project reap the college 2013, benefits to writing fullest extent possible. My sister was amazed by my rant and realized that I had never let my self admit that fact before. My sisters then went on and talked about the roles they felt forced to be in our family and whether or not they want to change them.
It was really transformative to hear their accounts of college park 2013, our childhood. We all viewed arguments, vacations, presents and statements very differently. And Steel The Fates Of Human? I realized that while I have a happy family, I think it must be a happiness unlike any other. This left me wondering what it is like for other people becoming adults along side their siblings. How did or are your relationships changing now that you are becoming adults? Do you have a role to fill in your family? My family.
I’ll always be the baby. I was recently reading a counterstorytelling post about college park 2013, “sex-positivity” as only being positive for white, middle class, heterosexual women. It makes the 30s 30s essay essay literary, familiar argument that sex positivity is park essay questions, only liberating for green technology thesis a small group of women for park essay whom the idea of virginal purity was oppressive and limiting. For women and queer people from minority communities who have a history of sexual fetishism and exotic sexual exploitation sex positivity reinforces extremely harmful and limiting stereotypes. While I had heard this argument before, the author mentioned an idea that I had not remembered ever hearing before: justice as an imaginative activity. This seems to mean that justice in regards to issues of writing introduction for argumentative essay, identity and oppression is essentially about reimagining our identities and rethinking the social templates for interaction. I think this is an park, interesting lens to look at justice in identity politics. The implicit idea seems to be that seeking justice through changing laws and systems of oppression is and steel the fates of human thesis, not sufficient if we still operate on racist, sexist, homophobic, classist etc frameworks.
It is the idea that in order for a man to park essay questions 2013 no longer be sexist we would have to grade 8 book report do more than treat women as equals he would have to start thinking of college park essay questions 2013, women as equals. This resonates with me on writing for argumentative essay, a very personal level as I have been rethinking my essay on the American Male. While I still agree with much of what I said, I still wonder how much of it was simply me projecting my own hang ups onto a larger social problem. I was never really able to find many men to talk about the essay with so some amount of projection was unavoidable in a sense. Yet most of the women I talked to said that they didn’t think the men in their lives had all the emotional stunting and sexual hang-ups that I was talking about. Though, to college park questions be fair, they were also women who actively avoided stereotypical men and bro culture. Since publishing that article on aesthetic essay, my website I’ve done a lot of what in retrospect I can call the imaginative work of park questions, justice. Essay? I have explored my inability to college park essay questions 2013 talk to women outside of a sexual or romantic context and I have become more focused on essay in english for diwali, learning about other people and that has inadvertently made me less self-centered. I am slightly embarrassed by how some of my issues seem to have been a result of park essay, being self-centered but mostly happy that I have at least grown as person in the last couple of in english for diwali, months. I realized the extent of that growth as I was sitting with a female friend of mine the other day and was able to talk to her without the barriers that our multiple identities sometimes create. I was aware that she was an attractive, middle class, college educated, young, white, woman yet that was very much in the background.
I was able to park talk to her as just another person in a way that I am rarely able to talk to anyone, male or female. It was a way that was just in the imaginative sense. She was not a character in introduction for argumentative essay my Socratic dialogue, a model on a pedestal to impress or a supporting manic pixie dream girl character in college park 2013 my romantic comedy. I’m not sure how or why I developed the habit of making people supporting characters in essay my life story instead of fully realized beautiful individuals. I could probably blame my obsession with characters on writing or movies but in ultimately it is an odd form of self-centeredness. I am now going to commit myself to increasing my engagement with the imaginative aspect of park essay questions, justice. Aesthetic? I am going to seek to rethink how I conceptualize my fellow human beings and recreate my template for interacting everyone: male, female or zir. The Depressing Pursuit Of Happiness By The Petty Bourgeois. So, I’ve just finished reading Karl Taro Greenfield’s Book “Triburbia.” Its about college, being a middle aged artist turned businessman in Tribeca New York. The main characters have made it by most American’s standards yet feel relatively impoverished by their wealthier banker neighbors.
These men all have beautiful wives and successful careers, children who love them but no real connections. Aesthetic Culture Essay Postmodern? They are, to a man, too self centered to essay 2013 have real connections. They spend decades getting rich, hoping that winning the rat race will make them happy and they find themselves more depressed than before. Oddly enough, unlike Eddith Wharton’s “House of Mirth” or Jonathan Franzen’s “Freedom” it provides no alternative for for argumentative essay happiness other than move to park questions California and start over. I have been thinking a lot about the book though because it makes me wonder about what I want out of life.
What kind of life do I want to 1920s 1920s 30s 30s literary lead? As I consider employment options, my anger at essay questions 2013 working a minimum wage job with a college degree wanes, my fears of being a failure subside, my passion for writing increases and I am still at a loss. What do I want to 1920s essay literary review review do? What would make me happy? I have moments of wanderlust punctuated with moments of essay questions 2013, extreme unease with my life. My life is happy over all I guess but there is essay for diwali, still something missing. Something intangible and college park questions ineffable. There has got to be more.
Yet all that being said, I am happier now than when I made 3 times what I make now. I am also much more content with life even though I think that the work I was doing a year ago was nobler. I was making a difference a year ago that I am not now. Yet, I am much more content and less angsty. Even as I contemplate these same questions with less certainty I am less stressed than I was two years ago. I think it has a lot to do with my being more intentional about my life now. I am spending more time thinking about what makes me happy. What I want out of germs and steel the fates societies thesis, life and finally actually going for college park essay questions it.
I am constantly working on essay in english, creating positive relationships. I am meditating and praying trying to college park questions understand more about myself. Yet still managing to serve others and not become completely inward focused. Heck, even as I oscillate between resignation and aversion to where I live and work I must admit it just doesn’t seem that bad compared to a few years ago. I have a nagging suspicion that this is what adulthood feels like. Less passion, fewer butterflies but ultimately less drama…in everything. I have a degree of essay in english for diwali, control in my life that is unprecedented in my history. I am less impulsive, less defensive more confident. Park Essay Questions? Yes, this is adulthood. Germs The Fates Of Human? I’m becoming my father, slowly but surely.
That’s not so bad I guess. My father’s pretty awesome. He’s gearing up to ride his bike 150 miles soon. He’s 63 years old and in better shape than me. I wonder if he ever felt what those middle aged men in essay questions Triburbia felt though? He lost his job even before the guns germs societies, great recession of 2008. He had always been pretty concerned with maintaining a middle class life. College Park Essay Questions 2013? Being unemployed had to 1920s essay essay review review be hard on him.
I’m not sure if we ever really talked about it though. I mean we had family meetings about cutting back but it was always his job to provide for me so he could never really open up. My parents both decided to park essay cut down on expenses. They sold their house of 18 years and moved to essay literary literary review review Canyon “nothing-to-see-here” City Colorado. They started living the kind of lives that you see on movies. The kind where Ivy-Leauge educated professionals are forced to move back in with their middle class hippie parents and realize that maybe they had it right all along. My parents don’t smoke weed or walk around naked but they have permanently excised themselves from consumerism.
No more Christmas present rush, no more new SUVs, more black whatever day sales. I think they compost now too. There’s a picture my mom texted me of her standing on top of questions, a mountain, age 65, with her hands above her head and green technology infectious smile: triumphant. Questions? That could be on the cover of AARP magazine with tittle “Life At 65!” None of that ? b.s. from the nineties [Life at essay in english 65?] when baby boomer all though retirement meant times shares in Reno, Nevada before you slowly come to accept the home your kids put you in. Essay Questions? I’m starting to think that maybe my parents have life figured out. Maybe I won’t go follow the Depressing Pursuit Of Happiness By The Petty Bourgeois. Maybe I’ll pare down my life, move somewhere cheap, get to know my neighbors, pass out 1920s 1920s essay essay literary wisdom to my children, teach my truth and continue to learn till I die…when I’m 90…from exposure…in Tibet.
It is a comforting thought, until I remember the look on college park essay questions 2013, my mom’s face after coming home from 1920s essay essay literary review a 9 hour work day and college park seeing my older sister covered in eggs…along with all the for diwali, furniture. My parents put in 40 years of adulthood before 150 mile bike rides and hiking mountains. I’m not sure if I have that in me. Is their a middle way? Is there that good life in America? I’m twenty-four, my parents are supposed to envy me and my life!
Well…at least I know how to text properly…oh wait…mom and dad do that too now… I realized recently I’ve spent so much time worrying about updating this blog with enough stories and poems to keep this blog fresh that I haven’t thought to update people about my life. College Park Essay 2013? What good is having a blog if you can’t put every thought out on the internet and grade report project pretend that the college essay questions, people who are reading think it is profound? I would be certifiably derelict as a self absorbed, fame obsessed millennial if I didn’t devote any time on my blog to writing about me as a real person. So, for those of you know me and for those of you who don’t [yet] what have I been doing? Well, honestly, if I had to sum up what I’ve been spending the last year doing it would have to be spending my time trying to live my life with increasing intentionality. I spent a number of essay in english, months, years really, going about my day to college essay questions 2013 day life being intentionally about one or two things. The rest of my life was almost on technology, auto-pilot. College? I took a lot of things and people for granted. Towards the end of 1920s 30s 30s essay literary review review, 2012 I began to feel increasingly dissatisfied with the way I was living my life.
My work was stressful and seemed like one crisis after another in college 2013 a way that was completely unsustainable for essay me. I spent most of time outside of work escaping from the stress of work in way that were very unhealthy like eating and retail therapy. Around December of 2012 I knew that something had to give. I decided to college 2013 leave my job as a paraprofessional at a school in Englewood. It was a very difficult choice for me but looking back on 30s 30s essay essay literary literary review review, it, I am more and more convinced it was the right one. Questions 2013? While I still love the kids I worked with I felt that, for green thesis statement a variety of reasons, I was not helping them develop in college park questions 2013 positive ways. This started a few months of unemployment and spending money that would quickly run out. I eventually got my act together and applied to live at statement a Catholic Worker on the southwest side of Chicago. Around the same time I got a job at a book store in Hyde Park. After a few days of park essay questions, getting settled into guns societies this new life I begin to spend more and college questions 2013 more time inspecting my life and for argumentative essay my beliefs. During this time one of oldest and best friends also got married right as I started my new life at the Catholic Worker.
We was married to… the Girl of my dreams for him if that makes sense? I firmly believe that you should not look for a wife to complete you yet I think my friend and his wife complement each other in a way that is truly magical to behold. I often worried about this particular friend because he had tendency in high school to give more to girls he dated than they deserved. I realize that he did this more out of a fundamental belief in what it meant to be a good person than in essay some naive romantic beliefs on dating. While I’ve always found this to be admirable I did worry that he, as a man clearly destined to be financially and personally successful would either end up with a wife who didn’t appreciate what he had to offer or a wife who merely recognized he was a great guy but didn’t offer anything of equal worth in the relationship.
Fortunately he found himself someone who was equally smart, funny and driven. Someone who would give as much to the relationship as he would. At their wedding I realized several things. One was that how all of my oldest and anti postmodern most dear friends viewed me. They all mentioned how proud they were that I quit my job and did what I thought was right. They were all proud that I had chosen to continue being my brother’s keeper and all called me successful.
I was shocked because I had felt so unsuccessful and lost for numerous months previous to this. College? I also realized how much I missed out romantic love. Compounding this feeling, my other equally old and guns of human societies equally dear friend was also at the wedding and a member of the wedding party. Park? No one has taught me more about the meaning of the word loyalty than this friend. He also reminds me about guns and steel the fates of human thesis, my younger self. He reminds me of the moral, self righteous and hopeful 17 year old I was when we spent the summer working at a call center in Colorado Springs. 8 years ago he said that he could imagine the three of us meeting once a every view years for questions the rest of our lives. Writing Introduction Essay? The three of us committed to that idea and park essay it is the grade project, only promise I made as a teenager that I intend to keep. At the same time, so much time had passed since we last hung out. We had changed in so many untold ways. I was amazed at how easily we feel into a similar routine and accepting we were of park essay, how we had all changed.
My conversations increased my desire to explore what changes I needed to make in grade report project my life because I knew that regardless of how I changed, I had at least two friends who would stand by college park essay questions 2013 me. On my last night at the estate where the wedding was being held in aesthetic essay postmodern upstate New York I called another best friend. [All this talk of best friends reminds me of park 2013, a Mindy Kaling quote “best friend is not a person, its a tier] This friend lives out in the Bay Area is by far my most honest friend. I think of him like family now more because he embodies the blunt honesty and stalwart support of my mother’s family than because of the length of our friendship. Though honestly, our five years of friendship would be enough. I talked to him about my odd mix of elation at green statement seeing my friends and college 2013 a feeling that something ineffable was missing. He said something that resonates with me still. He said that most adults he knows usually only guns germs and steel the fates of human societies, have involved relationships, meaning the kind where you spend almost every night hanging out, with romantic partners. He suggested that was part of what I might be missing. Living at a Catholic Worker was very challenging for park essay questions me.
I met a lot of new people and report was forced to live and work with them through all the false assumptions, misconceptions and misunderstandings that go along with diverse community life. I decided that as part of living in a community I wanted to college essay questions understand my roommates as much as possible. Writing For Argumentative Essay? I quickly began to realize that things that I had thought so universal believed as to be assumed to obvious were often vehemently disagreed with. I lived with people who didn’t believe in human progress only change. I lived with people who considered themselves Christian but believed that all religions held equal truth about the world. I lived with white straight middle class christian men committed to park essay 2013 be an ally to guns the fates thesis oppressed people in new and startlingly refreshing ways. College Park Essay 2013? Slowly my paradigms about people and essay the models for human behavior that I developed started breaking down. As these things broke down I continued my introspection. One of the many results of this introspection as a rapid evolution of how I thought of myself in context.
I was talking to people about their identities as they inadvertently said things that challenged mine. College Essay 2013? I spent a great deal of time thinking about aesthetic culture, gender and race and college 2013 privilege [which resulted in The American Male]. I spent a lot of time coming to terms with being both oppressed and oppressor. The more I thought about that duality, the more radical I became in my desire to stop being complacent in patriarchy and rape culture. Yet at grade 8 book project the same time, it is becoming increasingly obvious and disturbing to me how difficult and murky a path exploring how I sustain patriarchy and rape culture will be. As all of this was happening I met an extraordinary young man whom I who considering entering the Catholic Church. Those of who know me well, know that my views on religion have shifted a lot of the years but I was recently in a strongly anti-organized religion state of mind. Yet, despite initial impressions of thinking me and this bible thumbing, show tunes humming, cheese and fruit eating Michigander could never get along we developed a very strong bond. College Essay? After hearing about his faith journey and opening up to introduction him about my feelings of park questions, something being missing, I came to realize something very important about project, myself. I had never resolved my feelings about college questions 2013, God.
Oh, I had resolved my thoughts on organized religion and by green technology extension my thoughts on God but not my feelings. I realized that so much of my anti-religious sentiment was based on a child hood of being told that I was going to go to hell for not being a christian and 2013 emerging into an adult world that I couldn’t reconcile with my faith. I was also raised by two very religious parents whose faith journey, for lack of better term, was never very compelling to me. My parents have always given me logical and emotionally moving stories of why they are Baha’i but not why they believe in God in essay for diwali the first place. This lead be internalize a lot of the Baha’i faith’s morality which I feel has served me well but left me at 2013 a loss for explaining why I believed in God because God’s existence had always been assumed as a child. By the time I began to question it I was too upset with religion to respectfully hear my parents out. My friend, the liturgical Michigander, suggested that I visit a spiritual director. Had he suggested this a few months earlier I would not have laughed in introduction for argumentative his face I actually would have probably been offended. Yet time and conversations had changed me. I was open to change and open to explore my inner-self.
I went to Loyola University and meet with a Jesuit Priest about my feelings of lacking something in my life. College Questions 2013? He was a sort of no BS kind of guy and challenged me on every statement. Fortunately it was exactly what I needed at the time. The Jesuit Priest and I talked about in english, my goals in life and a increasing feeling that their was something more out there. College Park Essay Questions? I briefly brought up my concern about being single and he said “Are you seriously asking a celibate man if he thinks you need romance to be a healthy, happy person? Have you ever had a Dog? I guarantee you a puppy will give you more affirmation and a sense of being needed than any girl friend.” While I don’t think that a dog is the guns the fates of human societies, same as getting married but I do think he is park essay questions, right about a relationship not being able to culture fill the college essay 2013, void i was feeling. It was something deeper, something…well…spiritual. I came to the conclusion that I need to resolve my thoughts on spirituality and God and then decide on what I want out of life. Over the next few days I came to realize how much of my spirituality that I repressed out of anger, fear and stubbornness as opposed to just stopped feeling.
I decided to go with my friend, the germs and steel the fates, liturgical Michigander, to the Baha’i gardens in Wilmette. College Essay 2013? There I was flooded with warm memories of my childhood spent in 19 day feasts and winter schools. I was reminded of my mother teaching me the remover of difficulties and my father explaining how he became a Baha’i. The experience almost brought me to tears. Before I left I made sure to essay for diwali buy a prayer book, the Book of Certitude and The Seven Valleys. I committed myself to explore this rekindled spirituality. As time passed I realized that I could no longer consider myself to be an atheist but I also am a long way from essay questions 2013 being okay being in an organized religion. So, with all of these things happening I am hoping to reinvent myself. Germs And Steel The Fates Of Human Societies Thesis? I’m eating healthier, exercising, meditating, praying, working within a budget, reading, strengthening relationships with friends and family and being proactive in college the dating scene for once in my life. This has all lead to hilarity, schadenfreude, a lot of apologies, a lot of stress, hunger, relief, catharsis and growth. So, in conclusion, I’m changing things up.
Hopefully things will work out for the best. I feel healthier, more stable and more…adult (?) than I ever have before. Green Thesis Statement? Ready for the challenge and it’s not even new years. I’ll write more of college park essay 2013, each individual aspect of my wellness plan but yeah…that’s how I’m living. It’s two in the afternoon when I hear the banging. The loud clash of flesh pounding on metal underscores the technology thesis statement, tension that permeates the hallways.
Each strike adds to the feeling that the academic veneer that has been crumpling off the walls for weeks is about to explode. I’m used to noise by college questions 2013 now, though. The hallways have long since lost any association with the green statement, forgotten memories of silence that had previously characterized them. College Essay Questions? Unfortunately for us, the constant murmur of 1920s, children’s voices is not comforting like the questions, sounds of a chaotic recess used to for argumentative be. Even their laughter holds no mirth in it. It’s nervous laughter, it’s cruel, it’s scarred and it is certainly not learning. As the clamor grows louder and more familiar I begin to feel uneasy. Certainly we are not at this point? Certainly, it hasn’t gotten so bad that this level of disruption is not the 2013, sign of a fight or something dangerous. This can’t be the guns germs of human societies, new normal.
I push back the anger at leaving the calm of the park essay, break room to enter into the hallways yet again. Statement? I push back the voice in my head that whispers that this is college 2013, not my job. I push back the essay, part of me that fears what will happen if the park questions 2013, noise is just another sign of chaos reigning over education and step into the fourth floor hallway. As I begin to grade project turn the essay questions 2013, corner the sound is almost deafening. This can’t be good . Once I clear the essay in english for diwali, corner and see what’s happening I forget to breathe.
Suddenly, I’m on the ground, crying. The floor is cold but it has carpet now. I’m rocking back in forth in my bed room as I hear my father screaming at my sister. I don’t know what they are fighting about. In my head my sister is crying and screaming “Tell me you love me!” but through the fear, and the doubt and the insecurity my father can’t hear her. See, my father was fatherless and learned to be man through the college questions 2013, strength of his mother. All he knows is that strength. All is knows is project, that he’s losing the daughter he loves more than life itself and that terrifies him.
He converts that fear into power and shouts louder than she does “I love you too much to let you do this.” Yet, through the fear and the hurt my sister doesn’t hear the response. Instead, she shouts “I hate you.” The first and park essay questions 2013 only words I could make out for green what seemed like hours. As my sister slams the door I begin to rock back and forth violently hoping that the sound of park essay questions 2013, my head hitting the culture essay, door will drown out my mother’s silent tears. I’m too scared to college park essay questions scream for my other sister but I know that the banging will bring her to come and check on me. When Alexis comes and essay opens the door she’s only ten but her eyes look wiser to me. Park Essay 2013? It’s too dark and I’m too frightened to notice that she’s been crying too. Through the wisdom reflected in culture postmodern her dark brown eyes I can see the frightened child in hallway staring back me. She knew he was hoping that if he banged loud enough, someone would come. Essay? She falls to her knees and places her hand on my forehead. She doesn’t try to stop me from introduction shaking, but takes the pain as her own because, like my father, she is college park essay questions 2013, strength.
Alexis only said three words to me all night but those three words echoed in guns germs the fates of human my head for years to come. Those three told me everything I needed to hear, everything I needed to know about my family. When she told me “she’ll be back,” she said it the way my grandmother would have. As if to say, “she’ll be back because we’re family. College Essay Questions? She’ll be back because she loves us and we love her. She’ll be back Aaron, Grandma loves you.” I don’t know how long we sat there that night crying.
I don’t know how long my sister had to convert her pain to my strength. When I remembered to breathe again I saw that his eyes were screaming “just tell me you love me!” Instinctively, silently, I reached my hand out to convert my pain into his strength. The sound of essay, flesh pounding on metal was muffled now that it was my hand hitting the college park 2013, locker. As I began the process of my family, that of getting strength through pain, I remembered the night I called to say good bye to my father. It was the middle of the night and yesterday’s manic euphoria had turned into an eternity of depression. Essay Essay Literary Review? I was too bleary eyed to see clearly and essay questions thus unable to write a note. Instead I reached into in english for diwali my pocket and pressed two for home. I don’t remember what I said. I don’t remember if I heard his voice and tried to park 2013 channel his ancestral strength and said nothing or remembered my mother’s way with words.
I don’t know what he said in that moment that stopped me from going to the roof that time. I don’t know whether he learned to technology say I love you or I learned to college park essay questions 2013 hear it. All I know is that what he said caused me to pause long enough after I hung up on statement, him for Alexis to call. I didn’t answer her call. College Essay 2013? I just fell against my door with my hand on my forehead. I focused on the pain. I focused how my grandmother’s journey through sorrow taught my father strength. Essay In English? I focused on each time my hand hit the door and how my sister’s hand must have felt after 18 years of converting pain into strength. I focused on park 2013, how much this student’s wild eyes communicated without saying a word and I accepted his pain.
I turned to this student whose father had written him from postmodern prison and 2013 silently said “he’ll be back.” Before we begin I should identify myself. I am middle class American Male with an elite private education. Thesis Statement? I am an essay questions 2013, African American who was raised by two college educated and introduction essay loving parents who are still married and were never abusive to me, my siblings or each other. I am a privileged American Male and I have been oppressed by the American patriarchy1 and have been essentialized, dirtied and discarded by it’s rape culture. I cannot escape who am I nor would I want to if I could. Yet it is important that background, that baggage of oppression and privilege colors my lens, gives me a certain language to formulate thoughts and thus influences how I express myself on the page. After reading Tucker Reed’s harrowing account of a rape that was, in park her words, “fairly typical” I found many emotions and thoughts I just mentioned which I had been struggling with for essay a while come to a head. For those of you reading this article that have not heard of Tucker Reed I suggest, at the very least, that you read this essay http://www.xojane.com/issues/tucker-reed-outs-rapist-at-usc . College? I don’t feel comfortable paraphrasing her ordeal so I will not attempt to now. I will say that even though in her account of her case there is no rational gray area of moral responsibility and reprehensibility it did bother me how many men I knew and respected might think there was. It bothered me that there was a time, not so long ago, before late night conversations with my feminist friends about rape culture that I might have been among them.
I distinctly remember my teenage self thinking that girls shouldn’t be able to say no after a certain point. I am both ashamed of being that teenager and worried that perhaps more of him than I care to admit might still exist inside, misogynistic2 ideas going unchallenged. I have for many years wondered at essay the extent to which I have banished the chauvinism that my female friends had shown me was so disgustingly ubiquitous. To what extent had my misogyny turned from the undigested male supremacy of boy hood, to the patronizing chivalry in my youth to something I can only think to call nice guy patriarchy? Nice guy patriarchy is when you expect people to give you credit no longer actively and overtly oppressing them. Nice guy patriarchy is like saying “hey, I’m a nice guy. I won’t ever hit you, I understand how me and park questions 2013 my fellow men have oppressed you, I’ll march with you at Dike-March and in english hold your hand when your boy-friend [who is not as enlightened as me] breaks you’re heart…and then you’ll be obligated to have sex with me…but don’t worry…we’ll make love not fuck.”
I have been thinking about essay, that for quite sometime before the idea hit me…Tucker Reed’s rapist probably thought he was a nice guy too. That thought hit me hard. It reminded me of literary, all the times I have done or said something off hand that really hurt a woman I cared about. It brought up emotions that I didn’t want to acknowledge and so I didn’t, for a while. I held it together until one day I had a conversation about masculinity in America and I found that as soon as I began to voice my feelings on college essay, the subject I found a deep well of anger and aggression.
Anger and aggression that I couldn’t place but had nothing to do with the topic at hand. The following essay is a personal and intellectual exploration of that anger and guns germs and steel the fates of human how I’ve come to understand it. I hope that maybe by explaining how I came to be where I’m at, I can start a conversation or two about college essay 2013, moving through male-supremacy, patronizing chivalry, nice guy patriarchy to actual equality. First of all let me say anger, like all emotion, is green technology, powerful. Anger is a universal facet of the human experience but in America, and in many other cultures, it is too often distinctly gendered3. We are socialized to view anger as a masculine emotion that, like farting or burping, is not something women have to deal with unless there male-counterpart is essay 2013, invading their personal space with it.
There is probably a very depressing anthropological reason for green thesis statement this but it is unknown to me. This essay is concerned with the here and now. This essay is concerned with my personal journey of understanding The American Male as an unattainable idea that all American males, regardless of race, religion, class and sexual orientation are socialized4 [in varying degrees] to strive for. This is not to say that all American men are trying, consciously or sub consciously, to be The American Male. In fact many of the college essay, younger generation of men, the essay for diwali, author included, are actively trying to fight against. College Park Essay Questions 2013? The point is that we have to do it actively because we are still be measured by society, men and women alike, by the standard of guns and steel the fates thesis, The American Male. Essay? I have come to see that The American Male is an oppressive force in aesthetic culture postmodern our society and that all Americans are oppressed by it. American men, through The American Male, created and maintain both the structure of patriarchy and its enforcer: rape culture5 and the act of maintaining this structure and enforcing our place at the top is so oppressive and oppressing that men are either forced to essay questions 2013 further stunt their emotional growth or, in their refusal to do so, develop a Du Bosian double-consciousness6. Let’s take a minute to unpack that statement.
The American Male is a concept of masculinity that I am constructing in this essay. It is one concept of masculinity, I am well aware that there are others. Essay For Diwali? My argument is that The American Male is an amalgam of the more universal (though not completely universal) qualities of various other masculinities. The ideal white, middle class protestant man is different than the ideal man in working class Irish Catholic culture which in turn is different than the ideal middle class black baptist man. A man is one of many and is, in American, one of 2013, a diverse set. The Male in America, and technology statement probably the world, is college park essay questions, much less diversified.
I am making the argument that their are actually too few ways to be male in America. This complicated thesis is the stuff of books, literally. It would be silly of me to assume I am the first one to think of 1920s 1920s 30s 30s essay essay review review, this, or that I am even capable of college park essay 2013, fully distilling the nuisances of my own beliefs. Instead I will try to walk a fine line between my limited intellectual understanding of guns germs and steel the fates of human, critical race, gender and sexuality theory and park questions a few choice moments of my lived experience. I often find that most people, let alone men, have not read the sort of works that deal with gender theory and essay that this often leads to college park 2013 misunderstandings when people start to use academic jargon colloquially. I hope by technology thesis telling my story and by park essay 2013 introducing some simple academic concepts we can have conversation about how we all act as oppressors in some way because we are all privileged in some way.
That privilege might be as Americans, Middle or Upper Class, college educated, Christians, men etc and the act of oppressing others in grade 8 book project this way limits our own human potential. It is my hope that all of us, especially white, heterosexual men, can come to college park questions the table of humans disabling the patriarchy on more equal ground even if the sum total of our oppression is not the same or even similar. Let’s talk now about this idea of privilege. I realize that many of my readers have not had the hours of workshops on privilege that me and my friends have. For many Americans privileged is something they get called by guns germs the fates of human liberal activists. What is college essay questions 2013, privilege really?
Privilege is basically social, economic and other capital advantages, specifically when those advantages are a result of culture essay postmodern, being part of a demographic. All Americans are privileged abroad because as Americans our nation was able to college park 2013 secure treaties in many (though not all) countries that detail how we should be treated. We also have powerful embassies in technology most global cities that will help you get home. Not to mention that the U.S. Tends to send in college 2013 the marines to get their tourist and writing introduction for argumentative students out of college, countries before wars and genocides erupt. Anyone who discounts this as privilege should study the outbreak of any major modern conflict. Any foreign nationals are generally escorted out when things get tense yet people tend to be a bit more selective when bombs start being dropped.
Americans can usually be evacuated by writing for argumentative essay the personnel of any western power while citizens of Ghana might be stuck in Rwanda because they Dutch weren’t willing to risk their soldiers for an African. That is college park questions, one, very obvious form of privilege. It is important to note that being privileged in one way does not make you immune to oppression. African Americans soldiers fighting in Europe during WWI often had to come to terms with being privileged abroad and oppressed at home. The important thing about grade 8 book, privilege is to recognize it and understand when it works in your favor in order to not like your privilege oppress those around you. This brings us to park essay questions oppression and how it will be thought of in 1920s 30s 30s essay literary review this essay. College Park Essay Questions 2013? Oppression is a heavy word. German Jews were oppressed, Blacks in the Jim Crow south were oppressed and women are oppressed basically every where. 1920s 1920s Essay Literary Literary Review? In light of this, are men really oppressed? In short, yes.
There are clearly levels of oppression. If blacks are oppressed and college 2013 women are oppressed by green thesis statement separate though interrelated systems then black women are more oppressed in general than the black men of their class, era and region. I am not making the argument that men are as oppressed as women by the patriarchy or by any other force. College Essay Questions 2013? I am not even making the argument that they are even remotely the same level, the similarity is qualitative and not quantitative. Oppression is the writing introduction for argumentative, systematic limiting of the human potential, political and social engagement, OR the accumulation of questions 2013, capital of a group by a society or cultural institutions. Men are not generally excluded from political or social life and are certainly not hampered in their accumulation of capital. Guns The Fates Societies Thesis? The oppression of men by the patriarchy is focused on the systematic limiting of human potential. Human potential, as used in this essay, is our cognitive, intellectual, physical and emotional capacity to experience life, process life and express ourselves.
Men are socialized to be emotionally stunted and hampered in making to real human connections. College 2013? That limiting of human potential is what this essay is all about. So, let us start first with our definition of green technology, The American Male. The American Male seems, at least conceptually [and possibly anthropologically], a perversion of both stoicism and the red headed step child of consumerism. It is an amalgam in which control of emotion is perverted into college park essay questions emotional repression and green technology thesis you are judged by your unmitigated or challenged possession of objects, especially non-human persons. The American Male is the emotionless father whose wife and college park questions child obey him unquestioningly. 30s 30s Essay Essay Review Review? He is the quintessential Patriarch: a man because he is park questions 2013, King and a King because he is a man. Why The American Male is emotionless and 1920s literary why he feels he must posses his family is park 2013, unknown to me. It could be a natural, if destructive reaction, to basic human uneasiness with life’s uncertainty [control what is in your control].
Or it could be some base animalistic instinct that we have let go unchecked in civilization merely because we have viewed it as convenient since it places us men on the top of the social hierarchy when we have no legitimate right to be there. Regardless, he is emotionless and he does posses his whole family as objects or non-human persons. This act of possession varies from family to family. In my family it is thesis, best observed by the manner in which my Grandfather and Uncle create rules in their households. I distinctly remember not wanting to have to a curfew as an adult staying with my great uncle. I distinctly remember my great uncle telling me that he bought his house with his own money and as long as I stayed with him I would have to follow his rules.
What my great uncle was saying was that he owned this house and everything in it or, perhaps more directly, he owned this house and so he owned me. This idea of property, or that a man’s home is his castle, is based on this idea of The American Male as a consummate owner. An episode of Mad Men can illustrate how the idea of college park questions 2013, ownership and grade masculinity were sold to the American public yet is college park 2013, older than the dawn of mass media. The term “a man’s home is statement, his castle” is an old saying. It comes from the English common law and the idea that “an Englishman’s home is his castle.”8 The idea of a man having sovereignty over his house is therefore an old and college park essay questions 2013 well documented one. It is green statement, important to note that The American Man necessarily objectifies9 his wife and college park essay 2013 children because, if slavery taught us anything, it is 1920s essay essay review, near impossible for one human to feel that he rightfully owns his equal. Thus slavery and other forms of human ownership are always accompanied by systematic dehumanization10 and othering11 of owned people. For The American Male women must become docile damsels in distress in need of a strong man in order to justify this system of ownership. Therefore women are still socialized to questions be barbies.
Even though modern barbie may have gone to college and is now a lawyer she is still a object to be valued by Ken for germs societies thesis her high heeled shoes, make-up, inhumane figure and “perfect” blonde hair. This reality has several immediate implications. One is that the equality of women is anti-thetical to college essay the ideal of The American Male [you cannot own your equal]. Men are supposed to bread winners and introduction for argumentative essay deciders. College Park 2013? The American Man doesn’t ask for directions or take orders from his wife. Even the idea of a man being whipped or a wife as “the old ball in chain” is sometimes (though not always) an expression of statement, men struggling with equality in relationships. College Essay 2013? Often when a man is accused of “being whipped” it is when he can’t do something he might want to do because his partner objects. Unless his partner is truly controlling it usually no more than his partner asking for an equal say in decisions. I can barely recount how many times I have heard a married man talk about his wife criticizing how he spends “his money” as if making more money makes all of it his. Germs Thesis? Some men, especially older men, often talk about park essay questions 2013, management of household funds as their domain.
The area in which they should, as if by a decree of natural law, have the statement, final say. Another implication of the Patriarch as king idea is that the college 2013, Patriarch as father all too easily creates the cycle of men trying to become their father’s power without their father’s emotional repression. This desire exists in the son without realizing that that emotional repression is a result of that power and grade 8 book report project actions needed to maintain it. I have often said that I don’t want to be the kind of park essay questions, father my father was when I was younger. I think most people, of all genders, say this at some point in their life. My father was a wonderful parent but he was, at least in comparison to my mother, not particularly emotionally expressive. I would later come to realize that my father was much more communicative than my friends’ fathers but as a child I was hurt with the for diwali, way that my father showed love. I never questioned whether he loved me but it was a rough and tough love.
My father showed his love mostly through providing for college park me materially and by devoting large amounts of energy and time towards me as well as showing interest in my ideas and my safety. My father worked a lot but also spent a great deal of aesthetic anti postmodern, time teaching me basketball, how to college park questions 2013 use a hammer, how to fish and other traditional father son activities. I think all of those things are phenomenal and aesthetic anti essay were fundamental to park essay questions me becoming the man I am today. What my father didn’t do was talk about how he felt about me however, and I think that is problematic. My mother by comparison was very verbally and physically affectionate. We were constantly hugged and told how much she loved us. My mother was quiet without being submissive and grade report tactful without always being subtle. When my mother asked me to college park do something I usually did it and if not I generally got a look. My mother has way of looking of of human societies, looking at college essay 2013 you with one eye-brow raised as if to say “really?…you wanna go there?” As an adult I realize that all the adults in my mother’s family had this look but as a child it was distinctly my mother’s.
My father on the other hand had a much more violent look. Before I explain my father’s look I think I would be remiss not to talk about violence. The World Report On Violence and Health (WRVH) defines violence as “the intentional use of physical force or power, threatened or actual, against grade report project, oneself, another person, or against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation.” My father’s look then could be understood as a threat of use of his power for the purposes of deprivation or physical injury. Growing up my father never beat me nor can I remember a spanking that actually physically hurt. I vaguely remember being having memories of childhood spankings that made my bottom hurt but even by my teenage years these were already hazy memories. Yet my father, 6’4 240 lbs, had mastered what I only half jokingly refer to college park questions 2013 as “the credible threat of violence.” My father could put the fear of god into me as a child.
I was reasonable sure that my father would never strike me out of anger (which he never did) yet I was physically afraid of him. For the record, as unhealthy as I think this is, I realize now that I have internalized that as my ideal. I remember my father once had to confront one my older sister’s principals. I realize now as an guns germs and steel societies thesis, adult that this memory is park 2013, actually an amalgam of my favorite/most embarrassing Tony Goggans moments. My father had been working out in our pasture either rebuilding our barn or unloading a bail of alfalfa. Upon hearing that yet another racist act had been directed at my sister my father says “are you serious?” in guns the fates his voice that is college questions 2013, powerful despite being half an octave higher than you might expect. The extent to which my sister was actually the green thesis statement, victim of a some lingering institutional racism was always questionable but my father responded to this report in the only way he knew how.
He took a quick shower, brushed his jet black hair and his salt and pepper beard and put on a dark 90’s style suit. Instantly my father went from pioneer to businessman and stopped walking and started striding. My father drove to park essay questions 2013 the school and green technology thesis statement parked the car and hurried my mother from the car impatiently. My mother probably paused, slowly straitened her colorful scarf and smoothed out invisible wrinkles in college park questions 2013 her pant suit. This was how my mother let my father know not to rush her. My mother would caution my father that we didn’t know what had happened and my father needed to germs the fates of human thesis calm down. My father would say “I got it Toni, I’m fine” in the way that let you know that he was anything but fine. Me and my siblings would pile out of the car, one of two black families for miles, six deep. My father strode with disproportionately long legs through the parking lot with my mother and I trailing behind and siblings between. There was a specific look that staff members would give my father when he walked into park questions a room in thesis a suit. He commanded respect from teachers in a way that made everyone uncomfortable but I would later imitate as a teacher.
His chest was full of indignation and his eyes were clear and focused. His voice dropped closer to what you might expect a man of college questions, his size. He spoke clearly but excitedly. 1920s 1920s 30s 30s Essay Literary? Early in childhood he would outright call my siblings’ teachers racist and threaten to go to essay questions the superintendent. There was a fear in in english for diwali the administrators eyes the first few times they had to deal with my father. My father’s righteous indignation was often embarrassing but as I realized that they listened to my father and started treated me differently I internalized my father’s anger as means of getting respect. Now that I am older and find my self fighting to be heard I find my self channeling that memory of my father more and more. I want to be respected unquestioningly in the way that my father is in my glossed over amalgam memories. I want my kids to listen because I told them to college questions and not because I gave them a good reason. In fact, I have internalized this overwrought image of my father so much that the first thought that crosses my mind when I see a disrespectful child is “someone needs to slap some sense into essay him.” Basically I subconsciously believe, as my a friend of mine once said, “a boy should fear his father.”
Unfortunately for me and my hypothetical kids, The American Male’s inability to express non aggressive emotion is at odds with a child’s need for emotional support. Thus patriarch as king mentality also means that women must then become the emotion care givers of the park, family in order for civilization to have even a meager chance at survival. Green Technology? The damage that this forced emotional labor does to women is beyond both my intellect and the scope of this essay. College Essay Questions 2013? It is important to note though that this fact, this de facto role of the essay essay, mother, becomes viewed as the only relationship in which The American Male can express non violent emotion. It is the only relationship in which The American Male does not seek to set himself above [until his father dies or is otherwise out of the college park essay questions, picture]. I have always found it interesting how having a father leave or die changes many young boys relationship with their mother.
While it certainly changes with culture, family structure and cohesion and class, the young boy often tries to fill his father’s shoe’s in whatever way he feels most important. I once had a close friend whose father had left his mother when he was fairly young. Once his older brother left home my friend started working to help out around the house. His relationship with his mother seemed, at least by this disinterested observer, to be almost like equals. In English? He contributed financially to park essay the household and guns and steel the fates societies thesis felt that meant she should have less say over his life for that reason. Perhaps a clearer more universal example is adult sons taking care of their elderly mothers. College Park Essay Questions? Often these sons have very healthy relationships with their mothers when their fathers are alive. Yet as soon as they assume responsibility for their mother’s care either through their father’s death or incapacitation their relationship to their mother changes. Some of this change is due, quite simply, to the added stress of being a care giver. In English? Some of the changes though are the essay questions 2013, son taking the Patriarchal role or enveloping their mother into their existing mini-patriarchy.
They become controlling and aesthetic anti culture essay possessive of their mothers even if their mothers are still mentally sharp. When they bring their mother’s into their home they no longer feel obligated to allow their mother’s to questions 2013 have any say in their life. We often think of this a natural part of growing up yet upon closer examination something else is happening. We envelope our mothers into green technology statement the sovereign law of “A Man’s Home Is His Castle” and instead of our mother’s being equals or guest in our house they become subordinates. Men tend to be more controlling and college park essay questions domineering of their mothers when their fathers have left the picture. This doesn’t mean that they are suddenly abusive only that the relationship is fundamentally changed. Continuing on writing introduction essay, with aspects of The American Male, The American Male is college park essay questions, inherently heterosexual. His heterosexuality is due to his need to control women as the other and to writing essay have no equal within his little kingdom.
The reason that The American Male is so uncomfortable with homosexuality is manifold and will not be discussed here thoroughly admittedly more due to the author’s personal ignorance than space or time. Suffice it to say that homosexuality as men think of it intellectually reminds The American Male of the absurdity, oppression and college limiting nature of maleness. Americans are notoriously uncomfortable with things that lay outside the realm of the boxed and categorized. Homosexuality as a cultural idea or stereotype is a different and more nuisanced issue because Gay culture is essay, a reaction to college the oppression of 8 book report, maleness in much the same way that the blackness of the sixties is a reaction to the oppression of whiteness of the sixties. Homosexuality in theory, that of two men sharing some deep romantic emotion, is an offense to the very idea of how men show emotion. The idea of expanding the limits of non-violent emotional reactions beyond the familial mother-son relation is hard enough, expanding into romantic relationships is questions 2013, actually rather new but to essay in english other men is truly paradigm shattering to American Maleness. College Park 2013? It also shatters The American Male’s conception of sex. Sex is not about emotional connection for The American Male as that would a be form of emotional expression. Sex is about power and therefore possession. I am hesitant to say sex is culture essay postmodern, rape, if only because it conjures up misquoted images of Andrea Dworkin12, an intellectual powerhouse to whom this essay should not be compared. I use the word rape to mean the use of violence to park questions 2013 invalidate, disregard or otherwise eliminate consent for sexual acts.
Violence again is, briefly, the use or threat of grade, power or force to harm or deprive someone of something. If you objectify someone in order to park questions 2013 allow yourself to not have to deal with them as an equal you are raping them regardless of essay, if they say yes. You are raping them of their humanity by depriving them of their humanity in your eyes. More importantly, because men have a greater amount of college 2013, social control by depriving their partners of humanity in writing introduction essay their eyes men are contributing to the overall dehumanization of female non-persons. In this construction sex for The American Male is rape and the sexualization of the public sphere is the rape culture that enforces the park essay 2013, will of the patriarchy.
In short, having a one-night stand with a girl you just met but recognizing that she is human with human needs and desire is not rape. Sleeping with your wife of 8 book report, twenty years who you feel exists to fulfill your sexual needs or perhaps with total disregard to college park essay questions 2013 her sexual needs is rape. Again, I am not arguing that all American men are rapist but that the way in which The American Male conceptualizes sex is rape. Rape culture, defined as such, will be further discussed later in the essay. It is also important to for argumentative essay note that many men do not divorce emotion from sex yet it is important that most American men have, at some point in their life [consciously or subconsciously], felt that they were expected to. The trope of men leaving right after sex and debates over questions how long are men required to guns germs thesis cuddle and the “hit it and quit it” mentality are well known. The extent to which men who orchestrate these tropes in park 2013 the public sphere [writers, actors, directors etc] are aware that they are divorcing emotion from sex specifically as a way to reinforce maleness, patriarchy and their role in grade 8 book both is open to debate.
The last of the qualities of American Maleness I will discuss is perhaps the most bizarre, The American Male is incapable of non aggressive non-sexual physical affection. Essay Questions? The reason for this phenomena, like many others, escapes me. Perhaps it is has simple as affection equals emotion and therefore weakness. Perhaps in some way, the act very act of grade project, removing emotion from sex causes us to view human relationships and actions in black and white. This black and white thinking is then transferred to all forms of physical intimacy in such a way that all touch becomes sexual and personal non-emotional connection is always only verbal. College Questions 2013? In this way, human connection is factual and verbal “you are a good guy” and not a hug. This is a bold statement I know but I think that while all men in America may not be incapable of separating sex and touch The American Male makes many have difficulty separating the two.
Outside of their family members men tend to not touch people in non aggressive non-sexual ways. What this looks like in real life is 1920s 30s 30s review, that men stop hugging children after children reach a certain age. After that age men tend to touch people aggressively. College Essay Questions 2013? We pat children on the head and ruffle their hair (a lighter form of the nuggies we would give to bully them) or we might toss them into the air playfully. I would argue that we feel comfortable rough housing with children because it subtly shows our power over for argumentative essay them. In many families fathers and sons rarely hug and in college essay questions 2013 general men tend to not hug each other often. How times at aesthetic anti essay a family event have you seen men, likely the older men in the family, hug all the women and college park essay questions shake hands with the men? It has become fashionable for 30s 30s literary review younger men to do the “black hug” or the shake hands and then transition into a one armed aggressive back slapping hug that African-Americans have been doing for park questions 2013 sometime. Men tend to anti essay postmodern feel awkward when they are too close to college park questions each other.
This awkward feeling is usually diffused either by either man making a community about something being “gay” or by over-sexualizing a brief touch for comedic effect. It is green statement, almost as if all touch operates on college park questions 2013, a spectrum between sexual and violent and men feel uncomfortable with any touch and thesis is not clearly either or both. This is an opinion I formed long ago during my first forays into understanding The American Male’s relationship to college park questions 2013 emotion in men. I would be apt to write it off as some Freud-like projection of report project, my own insecurities if I had not witnessed it first hand as a teacher. Park? I think that any one who has observed an older man in a mentor role with a younger man has witnessed this. The moment when the two males look at each other and the younger man is unsure of essay, whether he wants to hug or punch the college questions 2013, older man. In some cases the older man realizes that a hug is 1920s essay essay literary review review, necessary and often finds a female staff member to provide the physical non-sexual affection. Park 2013? Most men, like most humans, crave non-sexual physical affection but maleness sexualizes everything. I often wonder if by 30s 30s essay review making all affection sexual and by making sex by definition emotionless The Male has allowed itself to not have to deal with any emotion other than anger and still be a sexual if repressed being. Now that we have, to a small extent, detailed the features of college essay 2013, The American Male it is necessary to technology asses how men are oppressed by striving to live up to college essay 2013 it. In order to 1920s 1920s literary review review understand this oppression it is first necessary to know that this standard is unattainable both for an individual and park essay questions unsustainable in essay in english a society.
Humans cannot become emotionless nor does not communicating emotion allow for productive communities to form. The heart of this oppression of park essay questions 2013, The American Male to American males is that the idea that emotion is technology, weakness leads to a lack of emotional maturity. Park Essay 2013? American men tend to 30s 30s essay literary be unable to express the emotions they spend their whole childhoods repressing in non-violent ways. Park? Men who swear to be better father’s than their own find themselves swearing out their kids because of this inability to process emotion without violence. This is not to say that when any man feels sad he will punch his wife, though they sometimes do. Violence, understood as the threat or use of force or power, is the language through which men express emotion. Basically I have found that many men cannot express emotion without a threat of force or a show of power that is equal to the weakness i.e vulnerability emotion makes them feel.
This may take the form of outright abuse but most often this takes the 30s 30s literary review review, form of an increase in aggressive behavior when explaining how they feel. Perhaps the man says something to a friend about park essay questions 2013, how he really appreciates a birthday gift the conversation will often be either initiated or punctuating with a disarming punch in the chest or an aggressive slap on for diwali, the back. Even the hand shakes men give each after emotional statements are firmer and more competitive. Some less emotionally stunted men avoid much of the park questions 2013, vulnerability of emotion by phrasing emotions as objective facts. A man might say “when my mother died it was hard” as opposed to “I was really hurt when my mother died.” Yet even these statements are usually said with oddly puffed out chests as if to writing introduction for argumentative say “I trust you but know that if you challenge my masculinity after I say this it’ll be a fight.” The inability to speak about emotion contributes to our inability to process it as well. Unprocessed emotion builds and builds until we need emotional release. College Park Questions 2013? It is this emotion release of unprocessed emotion that makes the America man operating within the paradigms of The American Male his most destructive. When forced with the conflict of wanting to express emotion but not wanting to seem weak the flight or fight response kicks in and men either lash out violently or escape the emotion through drugs or empty sex [both of which often lead to writing introduction for argumentative essay different forms of violence].
These emotional outbursts are often done in sanctioned social events like sports, exercise or sexually aggressive dancing. This leads us to often associate violent tendency with typical male behavior and thereby sanction it. Questions? Sometime these outbursts are less sanctioned but still common like instigating physical or emotional fights. Green Technology Thesis? The escapism of The American Male is equally disruptive. Many men turn to essay questions 2013 alcohol, drugs or sex to escape their emotions and often end up being more violent as a result. Other men deal with The American Male by grade simply trying to ignore the pressure to become him. Yet many of these men struggle to find a standard of manhood that is unrelated to The American Male thus described. Most still deal with the stress and self doubt that comes either from having no standard or not living up to the one they have. This too is college park, oppression. Germs And Steel Of Human Societies? Just because it is something these men shrug off or transfer the stress to other areas of college essay 2013, there will does not mean it doesn’t limit their human potential.
Even the most well adjusted men who decide to grade report project become lawyers instead of teachers, play football just to not be called effeminate and avoid the opera so as not to be called gay. This subtle limiting of available options may not seem like much oppression and college essay questions when compared to the trauma rape culture inflicts on women it certainly does not, yet it does mean that even men would be better off without the and steel, Patriarchy. I know that many readers might say “I know a lot of guys who can express themselves emotionally.” This is park essay questions 2013, true, many can, but I personally think that most of essay in english, them are probably not as comfortable with it is as you might think. I cannot speak for how this uncomfortableness will play out in college essay all men though I can say how I experience it. Lets say someone says something that hurts my feelings. A coworker insinuates that I’m lazy and I feel sad.
Eventually one of two things happens to me. Guns Germs And Steel The Fates Thesis? I either wallow in sadness for a few seconds before I say “fuck them!” I don’t care what they think of park essay 2013, me. Or, more likely, I realize that I do care what they think and I know that I will have to technology be an adult and talk to college essay them about it. I then know intellectually that I have to introduction essay process my emotion so that I can communicate it. As I began to stew on my pain I start to imagine expressing my emotion and immediately feel weak. This fear of weakness almost immediately creates a defensive chain reaction. I start to worry that if I say I’m hurt that someone will confuse kindness and vulnerability for weakness. I start to fear vulnerability so much that I begin to college essay 2013 think of the conversation as a conflict and eventually as a fight. Within a few seconds my feelings can go from sadness, to aesthetic postmodern fear to anger. Once it reaches anger am I usually more comfortable because I know how to deal with this form of intellectualized anger.
I began to envision fights, brawls and college essay 2013 arguments that allow to spend my of intellectual anxiety. By thinking about fighting I am able to remind myself that I can fight and I am being non-violent by choice and not being weak. I think it is important that I have convince myself that I could beat the 1920s essay essay literary, other person in college park essay questions some sort of violent altercation [usually physical with men and verbal with women] before I even think about dealing with the situation non-violently. I have deal with my emotional vulnerability and shallow feelings of being sad making me weak before I can express my emotion as anything but anger. This process isn’t always conscious, in fact I’m usually unaware that it is what I’m doing, but through years of introspection I’ve realized that is how I process pain. I don’t imagine that this is how all men process it but I do think that at some point most men who express their emotion have to come to terms, even momentarily, with a feelings of weakness or effeminacy. I think that in doing so men end up being more aggressive and violent than they would like to be. Coming from this, for the vast majority of men the most oppressive facet of The American Male is simply the inability to connect with people on a human level. The more outwardly aggressive men may cause the most trauma to other people but even less aggressive men are still limited my the perversely Stoic American Male.
Since The American Male sexualizes everything and guns germs the fates of human societies thesis avoids emotion it becomes difficult for him to form healthy relationships, especially with women. In fact we have skewed of vision of what a healthy relationship is. In a study done by Glamour magazine in partnership with National Resource Center on Domestic Violence (NRCDV) and college park other organizations nearly 30% of girls said they had never been in essay an abusive relationship but then reported that they have experienced abusive behavior like yelling, slapping or choking at the hands of a partner. Other studies say that as many as 1/3 of all women in America will be in an abusive relationship at some point in questions their lives. Intimate partner abuse is a very complicated subject with a variety of contributing factors so it would be overly simplistic and guns of human societies unsupported to say that all of this abuse is a result of The American Male. That being said, I think that it would naive to park questions not consider it a significant contributing factor. For most men, The American Male prevents them from connecting with people on and steel the fates thesis, a more human level because it teaches them to be aggressive which automatically keeps people at a distance. Questions? No one wants to open up to someone and get close to them only to have them hurt you. Postmodern? It also teaches men to college park questions 2013 objectify women either as sexual objects to be owned or as fragile little idols that should be worshiped and protected.
Either form of objectifying simplifies and essentializes women in a way that would make it impossible for men to see they whole woman and thus limit how he can connect with her. By now I know that many readers are probably thinking, well okay, that’s some men but I still know men who are able to be completely comfortable with expressing non violent aggressive emotion. I even know men who don’t have to in english for diwali deal with emotional insecurities every time their feelings are hurt. What about them? For those men who were either raised to ignore the trope of The American Male or have come as adults to free themselves of it are forced to park questions have a Du Bosian double-consciousness. Yet unlike the 8 book project, negroes of Du Bois’ era, the two irreconcilable strivings are the man they want to questions be and the male their society expects them to be and writing introduction essay assumes they are. Just like African-Americans around the turn of the previous century, modern men see negative images of themselves all over: rapist, philandering politicians or movie characters who treat the women like garbage.
Yet they also see mass media images of these macho men being successful, getting promotions, being the hero and college park essay 2013 getting the girl. By adulthood many of these men realize that this images are false but they also know that men in their family or co-worker often call them pussy or bitch simply for suggesting that they shouldn’t go to strip clubs or they should treat women with more respect. For me, the aesthetic anti essay, only man for whose perspective I can speak from authority, this double-consciousness is still limiting. Whenever I interact with a woman I am interested in romantically I am often torn between being the college essay questions, macho manly man I think she expects (and who I semi-consciously respect) and introduction being wary to not be perpetuating the patriarchy. Do I pay for park 2013 diner, go dutch or let her pay? Do I open the door for her? I was taught that was just common courtesy but I know now that it stems from objectifying women as fragile idols. God forbid someone makes a comment or some drunk idiot grabs her butt. Essay? Do I have to say something or do I risk putting her in more danger by starting a fight? If it my responsibility to keep her out of danger? What about my pride?
Even more perilous are navigating physical intimacy. As a child I was taught two very important lesson about college park essay questions 2013, sexual consent. One was that no always meant no but another was that sometimes guilt or societal pressure could turn a yes before and technology during sex into a no the park 2013, next day. My parents came from age in anti postmodern which it was much more common for college 2013 Black men to be arrested or violently injured because there was an allegation of green thesis statement, sexual misconduct between him and a white woman. Often that white woman wouldn’t even need to say she was raped, her father could just easily say she was even when she said she was in love. My parents were raising two African-American sons in an all white town, rural and sexually repressed, with this knowledge and history. Questions 2013? They were hyper-conscious that their sons would always lose in introduction essay a he said she said situation. As a result I was warned to avoid situations in which misunderstandings might arise. Keep in mind my parents were well aware that very few false claims of rape are ever reported but they also knew that sometimes perception and innuendo mattered just as much as police charges. I remember very clearly a time when my brother threw a paper plane in the classroom that landed in essay questions a girls hair.
She was very upset and later said that my brother raped her hair. My brother was suspended and introduction for argumentative essay the school contacted my parents letting them know that due to their zero tolerance policy on sexual assault they would be seeking to college expel my brother. My father, needless to say, didn’t allow that to stand. He put on a suit and strolled and my brother was allowed to return to anti essay school. Park? Later it would still be unclear why the girl said what she said. Aesthetic Essay? My father thinks that she didn’t come up with the word rape on her own. My brother would letter tell me that she didn’t expect it to go as far as it did. Regardless of why she said rape, from this experience I internalized the idea that the world sees me as The American Male but worse, The Black American Male whose maleness means he is sexual and aggressive and whose blackness means he is dangerous and craves white women. This double-consciousness, of knowing what my Maleness might mean to others is college essay questions, always present.
Even when I am speaking to technology black women I am aware that even if they don’t fear my blackness my Maleness speaks volumes to college questions them. They have expectations of essay, me and fears too that are both fabricated and justified. Fears and expectations that I must combat non-violently, overcome, avoid or ultimately decide to live up to. While I can’t speak from the same authority about other men as I can for myself, I do think that my white, Asian and Latino friends who have attempted to essay questions 2013 come to terms with being both oppressor and oppressed have a similar experience. Working in shelter with many women are coming from domestic abuse shows me that other men are also aware of this.
The white men who live with me are all too aware of how the women we live with tense up when we walk by guns germs the fates societies them. They can sense the college park questions 2013, need to be as non threatening and non-aggressive as possible. They have to the fates of human deal with anger and college essay know that their expression of it is amplified by their maleness. Just like Du Bois’ second-sight this double-consciousness is both a gift and curse. It is gift because it allows those men who sees how their maleness effects those around them and, armed with that knowledge, prevent them from writing introduction using that maleness to maintain the patriarchy. Yet it is a curse because it causes these men to either second guess whether or not their actions add or subtract to some abstract moral mathematics or to just suppress the guilt of trying to college questions act without societal context. So, we have gone through how living up to 1920s essay literary literary review The American Male as an ideal or being expected to is oppressive, now it time to illustrate how Rape Culture, or enforcing the patriarchy, oppresses women and college park 2013 men alike. First let me say that nothing I say here should be taken to mean that women are not primarily the ones who are harmed by 1920s 1920s essay literary review rape culture nor should the college park essay 2013, fact that most men participate in Rape Culture without realizing it absolve them of 8 book report project, their moral culpability. I am, as stated earlier, speaking merely from my lived experience and from very limited understanding of the intellectualized lived experience of others. I will not speak very much to the oppression of women through Rape Culture because I feel very strongly that it is not my place.
It is my place, and my obligation as a man of conscious, to speak to my role in it. Again, Rape Culture is the inevitable result of a Patriarchy in which men sexualize everything. Let me further clarify my use of park, term since it is a loaded term used by people more scholarly and educated than myself. Technology Statement? The term Rape Culture as used in college park questions this essay is the systematic way in which women and girls are objectified into non-human persons in order to thought of and treated as the property or potential property of men. This is a broader definition than that of a culture that condones rape. Rape, in 8 book report project this construct is a tool as much as it is an act. Rape is the way in which women are deconstructed to be purely sexual creatures whose sexuality only questions, serves men.
If these objects like sex it is because men pleasure them, essentially they are totally passive objects devoid of will thought not necessarily intellect. I know this seems extreme given that I am making the argument that all men participate in green technology thesis Rape Culture. It would appear if I am saying that all men are rapist or dehumanizing women in their mind just in case they ever say no and need to be raped. That is not what I am saying. What I am saying is that all American men participate [actively, passively or tacitly through inaction] in the sexualization of 2013, women as a means of essay in english, robing them of power for the specific purpose of removing them from competition for power and perpetuating the Patriarchy. Men do this most often subconsciously but benefiting from it and college questions 2013 not actively trying to stop it makes you partly morally responsible. What does this sexualization look like then? One clear example is when a female colleague at an accountant firm assertively asks men to 30s 30s literary literary review review use double sided printing to save paper and essay questions one of writing introduction, them makes a comment about her breasts after she leaves.
Her opinion, though valid, is automatically undercut by reducing her to a sexual object. Another common comment might be that she is a bitch who “just need a good dickin” as if she was not just being assertive like a man would be but, as a sexual object, is robbed of the college park essay, penis-in-vagina effect that would make a complete non-bitch. Remember, that for The American Male sex is about power and therefore to germs and steel many American men sex has an inherent power dynamic. Every man in the room when the comment is made who doesn’t challenge that statement is complicit in that woman’s objectification and directly benefits financially from his co-workers assuming she is anything less than a consummate professional and therefore not a viable candidate for advancement. This might not seem like a big deal but multiplied over a life time these moments of sexualization rob women of equal standing in 2013 the exchange of anti culture essay, ideas.
Repeated objectification of women also makes it hard for college park essay many men to writing essay see women as people. This is not a rehashing of “When Harry Met Sally” but it is saying that sexual objectification means that women lose some of their autonomy and become ideas that men project themselves into. You cannot truly know someone if you are pre-occupied with them as a sexual object. College 2013? We see this often with opinions teenagers have about women. If they only know of female sexuality through porn or t.v. They might think that all women want to be dominated. These ideas often go unchallenged into adulthood despite all evidence to green the contrary. One of the ways we see these unchallenged ideas is through comedy. Any causal reader of Jezebel has not doubt read some comment about men in questions comedy and in english for diwali more specifically “rape jokes.” A common underlining argument against college, censoring rape jokes is that Comedy is inherently abstract in its subject matter and technology therefore not about essay questions, real people and that a joke about rape is not an endorsement of it. There implicit argument is that female non-persons have no place in comedy.
It is my opinion that this belief that comedy is a male endeavor is the male holding on to what can be seen as the last emotional outlet for the non-physical male. Comedy has long been a way for people to technology work out their own insecurities and to turn ones insecurities into strength. Black comedians have mastered this technique by transforming what used to be seen as the stability, security and practicality of essay questions, whiteness into absurd rigidity and non-nonsensical close mindedness. In turn, black comedy has become a way for white men to guns the fates deal with their white guilt in 2013 a non-threatening way. In English? I would argue that the same has happened with Male Comedy [not to be confused with men in comedy]. Male Comedy allows for men who understand some of their role as oppressor and college essay oppressed to thesis statement turn it into a joke therefore translate it into a language that we are familiar with. Male Comedy allows for men to essay questions express emotion beyond anger but only in sort spurts and still only violently. The Male Comic might be self-deprecating and poke fun at his powerlessness but the use of writing introduction for argumentative, words like pussy and f@%t is just verbal violence that conjures up images of rape and essay questions homophobic violence which is why their emotionality on stage does not make the male uncomfortable. Rape Culture is culture essay, so prevalent that has become the way standard way that we seek romantic relationships. Park? Have you ever wondered why the standard line at a bar is “can I buy you a drink?” This action is about two things 1. having the financial means to provide for a her as a female non-person/wife and 2. getting her drunk enough to negate consent.
The bar and club dating scene is the culture essay, ultimate example of essay, The American Male’s use of Rape Culture. The cycle is literary review, supposed to be man shows women he can afford to take care of her, he gets her drunk enough as to where she is actually not able to think autonomously and college park they have sex without emotion. Grade Report? In the morning the girl is supposed to park 2013 mean nothing to him she is an empty vessel for him to project upon and attempt to fulfill a basic human need for intimacy. The fact that she often does mean something to him just causes the man to go out postmodern drinking again to forget or obscure that fact. This cycle is park essay questions 2013, very destructive but so ubiquitous that it just becomes what young men do. In recognizing how truly destructive this whole idea of The American Male I have to essay come to realize that we need to college park questions end patriarchy. Yet how to do that? I think that what is a needed is a national conversation about what it means to be a man. Essay For Diwali? This national conversation doesn’t need to be on Oprah, or series of nationally televised events. I think this national conversation can be an on going one where men reach out and essay start challenging all of those little things we’ve known are not okay.
It is when men acknowledge that commenting on your co-workers breast after she says something you dislike is not appropriate. It is when you stop telling our sons that they need to play sports to be men. Instead we tell them that sports have intrinsic value is team work, hard work, physical exercise etc but aren’t something they need to do to prove themselves to their father figures. We need to start having those awkward conversations when we people accuse us of being misogynistic or patriarchal. We need to listen and explain our actions while acknowledging any destructive assumptions or agendas. Lastly, and perhaps more importantly, we need to be reflective. Aesthetic Postmodern? We need to start being intentional on the words we use and the ways we interact with people. These are the person to person things that we need to park do to end the part of the postmodern, patriarchy that is most insidious and the hardest to route out.
The patriarchy that we cling to, that we replicate and that we impose on ourselves. Intellectual Capital and Student Activism. Intellectual Capital and Student Activism. Crescat scientia; vita excolatur. Let knowledge grow from questions more to more; and so be human life enriched.
Many students, whether they admit to it or not, are quite proud of our socially awkward and recluse student body. Subconsciously we all like to technology statement know that there are, in fact, people as nerdy as we are. Some of us are even calmed by the idea that in the land of geeks , the nerd is actually popular. We thrive in this community of like-minded peers. This conclave of essay 2013, socratic, ascetic, and/ or esoteric intellectuals that might, on occasion, even be a little sophist, is a dream home for many of in english for diwali, us. We are a race of masochists who unwittingly enjoy the hours spent in the Reg as the 2013, brutalist, 1984 style monilth slowly eats at our soul. The more die hard among us even enjoy late-night rendevous with Helgel or Joyce as they lose tract of 1920s 30s 30s essay literary, time and college park questions reality in 30s 30s literary Crear.
This over zealous pursuit of knowledge, this unflinching loyalty to crescat scientia , is the hallmark of this university. The goal of the 4-years spent in this intense mental regimen is learning how to think; learning how to see the world in college park 2013 retro-socratic eyes. Project? We spend countless hours lifting mental weights and injecting our minds with steriods labeled Freud, Foucault, Newton and Faulkner in the hopes that we will…what? What is the purpose of this knowledge? In a school with no professional programs it seems obvious that its intent is not to make us more capable members of the questions 2013, workforce. Postmodern? So why are we here? Are we getting a $200,000 education simply because thought is intrinsically rewarding? Is it only through theory that human life will be enriched? Is this knowledge supposed to keep us warm at night after our debt shuts off the heater? Do we read The Republic in order to imagine the cave?
Does Mill just want to flirt with the idea of liberty? Or, were these texts written for change? Were they written in the sincere hope that some day, after the dust settles and the walls fall, someone will act on college, what they’ve wrote? I doubt that the majority of the texts we read were written just to proke thought. Instead it is from these thoughts that our intellectual forefathers and mothers wanted change; a metamorphisis of cognitive function. 1920s 1920s Essay Essay Review? They sought the enrichment of questions, humanity by in english for diwali stripping away its golden facade and examining the park, grit and grim and hopefully, a little of the beauty that is the human experience. And thereby freed from the vail of ideological vanity and anti culture essay pushed forward into reality we might mold the world with new eyes.
Maybe this Ivory Tower by the Lake was intended to essay 2013 create revolutionaries. My guess is project, that itprobably wasn’t, but who are they to say that can’t be? Who is this beloved Hutch’ that we cannot stare down his painting and, between bitting into our subway “eat fresh” sandwiches, yell viva la revolution ? Who are they to college park essay let us believe that there is not enough space between our 9:30 Greek exam and green thesis statement our 2 o’clock Bio Lab to college questions 2013 stand up? Nobody. There no one and nothing to stop us from harneshing harnessing the philosophy of the kid that smells of ink and lead and redbull and essay in english for diwali conflating it with the brillance of your roomates’ economics. There is nothing that says we can’t apply Du Bois to Cottage Grove or Crime and Punishment to Abu Ghraib. There certaintly is essay questions 2013, nothing stoping stopping us from extending that Bartlett discussion on neo-libralism or anaylitic analytic geometry to BJ and Pierce and the Med. These conversations are essential in this day and age. Who better to have them than us? We are the greatest minds of this nation.
Even just as youth, regardless of what college we attend, we are the only citizens of this country that are currently capable to walk the technology thesis statement, treachours treacherous path between youthful idealsim idealism and college park questions 2013 educated thought. We are the new eyes watching the essay literary, world through paradigms created in Boston Latin, Palmer High and the Hyd p e Park Academy with 20/20 vision. We are ready to be the new radicals, revelutionaries revolutionaries and fire-starters of our time. The marticulates of the University of Chicago, in our endless trek for truth, are even more posed to college questions leap to this challenge. We posses not the only pricesless intellectual skills, foundations, desires for knowledge, and willingness to think outside the box, but also the privilige privilege to aesthetic anti culture postmodern have the time and rescources to take up arms against the sea of troubles that is the modern era. Questions? Not to die or sleep or chance a dream, but collect our intellectual capital and bring change. Writing Introduction For Argumentative? To bring about a change that will equal that of our parents before us and stand the test of time.
The icredibly incredibly vast storage of knowledge and insight that our academic train n ing has given us helps us understand the complexities of the world around us. Our youth allows us to circumvent the mortgages and other adult resposibilities of our parents, freeing us to college essay questions 2013 go where our hearts and anti culture postmodern minds bid us. Questions? We would be fools to not capilitize this advantage; this gift. The fact that Modernism has given way to post-modernism and sexuality has already been rev o u lutionized should not cause us to turn a blind eye to today. Writing Introduction Essay? The movements of the past are no longer able to represent who and what our genration is.
They are not capable of park, looking the writing essay, terrorist in college questions 2013 the eye and seeing a history of violence, poverty and oppression. They cannot comprehend globalizim globalism or the guns germs and steel the fates, internet. Nor can the views of the sixties, seventies or eightes break through cold war mentalities. It is up to us to propose a new way of college essay questions 2013, life. A life in which no one will have to fear the bomb threats of terror bent fanitics fanatics or the instigating pressures of poverty, war and neglect brought on by western imperialism. We were born just before Gorbochief Gorbachev tore that wall down and the U.S.S.R fell shortly after. Essay For Diwali? We have never known the agony of a cold, persitent persistent war. Yet, we are in college essay 2013 a generation facing the guns and steel societies, fires of a war on burning sands in high definition, international blogs and in the prostetics prosthetics and essay coffins of loved ones.
We are the genration generation born long after the 1920s 30s 30s essay essay literary, instituional changes of Brown vs The Board of Education and Title IX. Park Questions 2013? Therefore we are the generation charged with the task of culture postmodern, leaping outside the box of law and college questions force and into 1920s 30s 30s essay essay merky pools of thought. We seek the path of attitudinal change. Park 2013? No Supreme Court case can stop force from being the first line of in english for diwali, defence defense. No march on Washington will stop women from park 2013 being objectified and stop forcing men into mysoginistic misognistic archetypes of manhood.
And no senattorial senatorial commetitee committee can tell us how to grade 8 book report be individuals in society, Black in America, Americans in park Humanity or an anti-capitalist with a love affiar affair with Starbucks. Instead, this new way of life, this intellectual movement and philosophical paradigm must be infused and shouted out grade 8 book report through our actions and interactions. We must reach across color, sex and discipline lines to create dilaouge dialogue. Our thoughts, minds, desires, fears and college park essay questions 2013 dreams must be actively and constructively conflated, examined, and green statement synthesized. Our ideas and minds must coalesce into a new American Melting pot that resides beside the mixed greens salad comprised of our identities. Our social constucts constructs need to be reavulated reevaluated and deconstucted while we redefine and reconceptualize what it means to be human. This is the only way for our generation to have true self-agency; to be defined in our own terms.
This obligation rests more heavily on this student body because with our great privalige comes great responsibilty. With us standing at the cross-roads of the park 2013, 21 st -Century, caught between theory and the real world, between apathy and progress, virtue and hedonism, the greatest sin that our student body can commit is the sin of ommission. Our greatest tradegy would be seeing our potential wasted by hermit philosophers and lazy, passive or short-sighted intellectuals. We must ask ourselves how our amazing abilities and ambitions have been allowed to combine only when circumistance tires of our disorganization. We can no longer limit the life of our minds to the short lived, albeit thought provoking and stimulating, conversations that many of us live for. This dioluge dialogue is so crucial that, once eastablished established, we must never allow it to be silenced by our work loads. Introduction For Argumentative Essay? The lack of any such movement shows that this progress cannot be achieved by happenstance; it must be sought and instigated.
So between all-nighters and leveling up on W.O.W ask yourself what is the park questions, change you want to see in green technology thesis statement the world? What issue gets under your skin or is college park essay questions, constently constantly on your mind? Think past scav and bar night, past that girl in your analysis lecture and look beyond yourself. We are part of a world were where sex, drugs and money infiltrate and influence every facet of society. These western conceptions of for argumentative essay, universal vices are pushed into college essay 2013 the minds of other youth the world over. We are ever so slowly decsending descending to state in which we all have a price tag, a perferred means of escape and in english a sexual sterotype stereotype that we are dying to reinforce. Our nation is, whether intentionally or not, pursuing the age old struggle of imperialism. College Park Questions 2013? The news spends more time on coked out guns societies celebrities than the war on college essay, drugs. In English For Diwali? Millions are in park 2013 poverty; fighting, scrapping and killing out of thesis, hunger, fear, greed and revenge. In this new golden age of Capitialism you can sell your eggs, sperm, ideas, and college park questions even give up your newborn baby for a few dollars.
It appears that we now see all four horses of the essay, apocolypse apocalypse everytime we look into the mirror. Our greed, fear, lust and college pride are slowly corroding not only the fabrics of 1920s 1920s essay essay literary review, society but of park essay, ourselves. We are living in 8 book report nation were color matters more than merit, sex matters more that competence and sexual orientation bars you from service, marriage and college social acceptance. We are type casted and catagorized categorized arbatrily arbitrarily yet these distinctions carry unseemly amounts of social consideration. Sadly, we are indirectly self-defined by the way we buy into the stylized and unrealistic images that we ourselves created. We are potrayed as thugs, preps, valley girls, jocks, nerds, outcasts, or drama freaks and expected to act within the realms of those archytypes archetypes.
People today are told that they will enivitably inevitably get cancer, have mood disorders, erectile disfunction nctin and other illnesses that, luckily, can be treated with an assortment of chemicals. These miracle pills’ side-effects merely include low blood pressure, iratation irritation, increased risk of for argumentative, stroke and in some serve severe cases…death. All the college questions, while we will be constantly over weight as we rush to in english look like Jessica Alba and Brad Pitt. We have gotten so lost in these social expectations that we need Dr. Phil and self-help books in order to “discover” who we are. And of college park 2013, those choice few who break out of 1920s 1920s, these constraints and build self esteem, many cannot identify themselves as anything other than a broader and more unique mix of preexisting social constructs.
On the brighter side, if you contiune to college park essay 2013 look beyond yourself you will no doubt notice that underlinning sex and greed and fear lay countless acts of love, humilty and courage. Despite its tribulations, the world is in english for diwali, full of loving families and happy childhoods. In the college essay questions, eyes of a father stigmatized by 8 book poverty, you can see tears of joy as his young daughter learns to read. In a country whose dream has been a nightmare for so many, he can already envision his daughter’s success. Miles away, in a home that looks broken from the outside, the son of a crack addicted mother has never known neglect and has never lived without his mother’s love. College Park 2013? No chemical could ever hide her pride, her affection or his dignity.
Humans embody such great resilience that even in the midst war and hate we can still love and be loved. With the report project, great evils before us we have been blessed by college park essay fortune to have the tools to fix and fight them. All the barriers of thesis statement, society are slowly crumbling before our eyes as we interact with other world citizens half the world away. In the midsts of war we can read the blogs of college park essay questions, Lebanese and Israeli college students. With the onset of globilism globalism the back-channels of diplomancy are slowly transfering transferring to aesthetic anti essay our hands. In online forums we can discuss the war on terror with both sides and let our words, not our fears or politics, build bridges. By extending these networks we are extending our sense of family.
In this global family the laughter of Korean children warm the hearts of college questions 2013, French mothers. These connections are slowly forcing us to essay in english realize that we are in college questions fact our brother’s keeper. Anti? The pain of one is the park essay, pain of all. 8 Book Report Project? When reports of genocide are followed by college essay pictures and screams we shutter, realizing how their faces look so much like our own. Their dreams are our dreams and green technology our fears are theirs. Humanity ever so slowly comes to understand that we can not continue to allow our hate to divide us.
Instead, it is our common hopes, apsirations aspirations and loving-kindness that must bind us. Thus this new set of resources at park essay questions 2013 our fingertips gives us more space to define ourselves and society than ever before. The internet has given us the ability to take this magnificaent magnificent dialouge dialogue to thesis statement the global stage. After you realize this smorgousboard of issues, loves and ills you grapple with, explore them. Explore them through your roomates memories; explore them through divestment, solidarity or student teaching. Discover what ’ s beyond 63st 63rd or why your classmate sees the world so differently than you. Constantly reasses what you have learned, what shocked you, where you want to park essay questions go now and essay for diwali why. Never think you cannot, should not or are not expected to make real and tangible change. College 2013? And most importantly, do not travel Quixoicly quixoticallyin solitude. In English? Bring your experiences and questions back to the beautiful dioulouge dialogue which is the true life of the mind.
Express your dreams and plans to your peers and listen to the passions of others. Build bridges and cross the imaginary lines that separate us. Create networks and plans for questions actions. Grade Project? Use music, poetry, journalism, photography, art or action to rattle the college essay questions, status quo. Germs The Fates Of Human Societies Thesis? Create artist colonies or community centers to bring new ideas to fruition.
Plan rallies, make fliers, and campaigns to create a new eastablisment establishment. College Park 2013? Watch this new mountain of anti essay postmodern, knowledge, this mosiac of personalities, grow and develop and find joy in park questions the new, defi n ning movement of our generation. And After this revolution, we will write the new classics that will give the next generation the tools to cast out our outdated ideas for newer, better ones. In the words of Victor Hugo “There is nothing more powerful than an idea whose time has come.”
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3 Key Elements to Writing an Irresistible Resume That Gets Results. Would you benefit from guidance on how to questions, write a resume? If you#8217;ve been struggling to write your resume, you know how incredibly challenging it can be. In English! The clients who come to us for our professional resume writing services describe hour after frustrating hour of park questions 2013 trying to figure out the proper format and find just the right words to describe their experience and anti, qualifications in college a way that will get attention and report, get their phone ringing. Many times these clients come up with what they believe is an #8220;okay#8221; resume only to use it in the job market and have it fall flat.
The true test of an effective resume, after all, is the college results that it generates for you. If your resume isn#8217;t generating results you should look first at the methods you are using in your job search. But if you are sure the methods you are using are effective ones, the likely culprit of the poor results is probably your resume. The Solution for Writing Compelling Resumes. In English For Diwali! What can you do to strengthen your resume and make it so compelling and irresistible that employers pick up the phone because they just can#8217;t wait to talk with you and learn more about how hiring you would benefit their company? The #8220;secret#8221; that we use in college park our professional resume writing firm is the grade project CAR technique. No, I#8217;m not talking about the car sitting in your driveway. CAR is an acronym for the three absolutely crucial elements of a competition-killing, results-generating resume. When reviewing the college 2013 ineffective resumes that our clients come to us with, we see the same mistakes time after time: Boring job descriptions that focus on the responsibilities and functions of the job performed. Some clients take the next step and include a few accomplishments, but accomplishments listed without some explanation of the 1920s 1920s review context in which they were delivered mean very little.
Accomplishments listed without the results, benefits, and value-add they produced for the employer mean even less. Rather than just listing out college park essay 2013 your job responsibilities and accomplishments, I recommend the CAR technique. When you use this technique, you will rewrite your resume#8217;s employment section to tell a compelling “story.” For the maximum impact, your accomplishments should be presented as concise #8220;success studies#8221; complete with challenge faced, action taken, immediate result, and writing introduction, strategic importance. By conveying your accomplishments in college park questions 2013 this “story” manner, you make a connection with the reader and make yourself far more memorable than all the other job candidates. The CAR Writing Technique In Practice. This first #8220;before#8221; example resume (below) illustrates the mistakes that many people make when writing their resumes. Boring bulleted lists describe the job functions for which this person was hired. There are a couple of accomplishments and results included, but they are far from the essay for diwali focus of the document. There is park essay questions also no real way to understand the accomplishments as the situation in which they were produced is not described. This resume will fall flat when used in the job market. 8 Book Report! It looks just like every other one.
It doesn#8217;t stand out and essay questions, get attention. After rewriting the resume (example below) to 1920s review, showcase the challenges, actions, and results, it is far more compelling. This excerpt of the employment section clearly tell you that this candidate is an essay expert in turning around and revitalizing underperforming divisions and essay in english for diwali, business units. That fact alone sets this candidate apart from his competition. But the resume goes on to describe his many achievements and the results that have been delivered through his work for the company. A boring resume has been transformed into college questions, an irresistible one. Employers who are seeking a candidate to help them revive the performance of their company will be drawn to this candidate and won#8217;t be able to pass up calling him to green thesis statement, learn more. Note also the design techniques that we#8217;ve used to make what could be an overwhelming amount of information easy to read. The eye is college park essay questions 2013 drawn from key point to key point. Here is another similar example resume. The before version includes some good information, but it is presented in a boring and hard-to-read-at-a-glance format that doesn#8217;t go far enough in describing the situation/challenge.
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essay of amn Pope wrote his Essay on Man in rhyming verse. Certainly today, we think anybody that writes poetry is one who is a bit odd, to say the least. College Park Essay Questions 2013. Back in the eighteenth century, it was not so strange. Pope stated that he had two reasons for writing his essay in such a manner. First, he thought that principles, maxims, or precepts so written, both strike the reader more strongly at first, and are more easily retained by him afterwards. The second reason that Pope gave is in english, that he thought that he could express himself more shortly this way than in prose itself. I here make comments about the expressions and thoughts of Pope in his essay. I have quoted at length from his essay. College Essay 2013. Certainly there is much I have left out, because, likely, certain verses referred to events, persons and things of the culture postmodern, early eighteenth century which, quite frankly, I am unfamiliar with.
Spattered throughout Pope's work are references to God and His great domain. Essay Questions. Such references in and steel of human the writings out of the eighteenth century are not strange. College Park Essay Questions. The livelihood of writers, by statement and large -- as was with the case of all artists back then -- depended almost entirely on the generosity of church and state, so it was necessary in those days that writers give due regard to religious authority. Believing that if Pope were looking over my shoulder he would have no objection, I have left out college park essay religious epaulets. Within the first few lines, we see Pope wondering about the in english for diwali, fruitlessness of life. We have no choice: we come to it, look out and then die.
What we see as we look out on the scene of man is a mighty maze! But Pope does not think this complex of existence is without a plan. Essay. Man might sort through the guns germs thesis, maze because he has a marvelous mental faculty, that of reason; man can determine the nature of the world in which he lives; he can see that all things have bearings, ties and college questions, strong connections and nice dependencies. He, who thro' vast immensity can pierce, See worlds on essay, worlds compose one universe, Observe how system into system runs, What other planets circle other suns, Look'd thro'? or can a part contain the whole? Is the great chain that draws all to agree, - And, drawn, supports - upheld by God or thee? In his next stanza, Pope makes reference to presumptuous man!
Why should one be disturbed because he cannot immediately figure out college essay 2013 all of the 1920s 1920s 30s 30s essay essay literary review, mysteries with which he is presented? It cannot be expected that one part of existence (man) should understand all the other parts, he then continues: As of thy mother Earth, why oaks are made. Taller or stronger than the weeds they shade. And all that rises, rise in due degree; Then, in college essay questions the sale of reas'ning life, 'tis plain.
There must be, somewhere, such a rank as Man. When the dull ox, why now he breaks the clod, Is now a victim, and now Egypt's god, - Then say not Man's imperfect, Heav'n in fault, - Say rather Man's as perfect as he ought: His knowledge measur'd to his state and place, His time a moment, and a point his space. Pope continues with this theme into his third stanza, in saying Heav'n from all creatures hides the book of fate, and continues: The lamb thy riot dooms to 1920s 1920s 30s 30s essay literary bleed to-day, Had he thy reason, would he skip and play? Pleas'd to the last he crops the flow'ry food, And licks the park essay questions 2013, hand just rais'd to shed his blood. Who sees with equal eye, as God of grade 8 book report project all,
A hero perish, or a sparrow fall, Atoms or systems into ruin hurl'd, And now a bubble burst, and now a world. Then giving way to college park questions 2013 his religious bent, makes reference to the great teacher Death and continues with his most famous lines: Hope springs eternal in the human breast; Man never is, but always to be blest: The soul uneasy and confin'd from home,
Rest and and steel the fates of human societies thesis, expatiates in a life to college park essay questions 2013 come. Next, Pope deals with native people of the uncivilized territories of the world, and 1920s 1920s 30s 30s essay literary review, how they do not get hung up on such large questions as are expressed in college park essay questions 2013 Pope's essay: Lo, the in english for diwali, poor Indian! whose untutor'd mind. Sees God in clouds, or hears him in the wind; His soul proud Science never taught to stray. Far as the college essay 2013, solar walk or milky way; Yet simple Nature to his hope has giv'n, Behind the cloud-topp'd hill, a humbler heav'n; Some safer world in depth of woods embrac'd, Some happier island in the wat'ry waste,
Where slaves once more their native land behold, No fiends torment, no Christians thirst for gold! To be, contents his natural desire; He asks no angel's wing, no seraph's fire: But things, admitted to that equal sky,
His faithful dog shall bear him company. Next, we see Pope start to develop the grade report project, theme that runs throughout his essay; man is part of college park questions 2013 a larger setting, a part of nature. Man depends on nature for his very substance, and yet, treats her roughly. Destroy all creatures for thy sport or gust, Yet cry, if Man's unhappy, God's unjust; Ask for what end the heav'nly bodies shine, Earth for introduction for argumentative essay whose use, Pride answers, 'Tis for mine!
For me kind Nature wakes her genial pow'r, Suckles each herb and spreads out ev'ry flow'r; Pope asserts that man is ruled from within, by his reason and by his passion. College Essay Questions. Better for aesthetic anti culture essay us, perhaps, it might appear, Were there are harmony, all virtue here; That never air or ocean felt the wind; That never passion discompos'd the mind. But all subsists by college essay 2013 elemental strife; And passions are the elements of life. The gen'ral Order since the 1920s essay literary review, whole began. Is kept in Nature, and is kept in Man.
Passion may be equated to instinct; and instinct is the sole guide of animals. Instinct is all that animals need as evolution has fitted each animal to his home environment, unlike man who is in want of the park 2013, strength of bulls, the fur of bears. Here with degrees of swiftness, there of force: All in exact proportion to the state; Nothing to add, and nothing to writing introduction for argumentative abate. Each beast, each insect, happy in its own: Is Heav'n unkind to college park essay questions Man, and Man alone? Shall he alone, whom rational we call, Be pleas'd with nothing, if not bless'd with all? Again, Pope emphasizes how nature all good and guns germs of human, wise. and what it gives, and what denies has perfected itself and many of college questions 2013 its creations: The spider's tough how exquisitely fine! Feels at each thread, and lives along the line:
In the nice bee, what sense so subtly true. From pois'nous herbs extracts the healing dew? In nature, we find life in a complete variety, - vast chain of being everything beast, bird, fish, insect. Or in the full creation leave a void, Where, one step broken, the great scale's destroy'd:
From Nature's chain whatever link you strike, Tenth or ten thousandth, breaks the chain alike. The point, I think, is in english, that there is a fearful balance of nature in all its variety, and college park essay questions, we dare not destroy one aspect of nature for fear of destroying the whole. All this dread order break - for whom? for green technology thee? Vile worm! - oh madness! pride! impiety! In the college essay, last line of 1920s 1920s essay review review Pope's first epistle, he bangs home the importance of the ruling mind of essay questions nature, that while some parts might seem to us to be absurd, it is part of the and steel of human thesis, general frame that all of essay questions 2013 nature, including ourselves, are but parts of one stupendous whole. This whole body of nature is through all life and extends throughout all of the universe and operates unspent. Aesthetic Anti Culture Essay Postmodern. Pope concludes his first epistle: Safe in the hand of one disposing Pow'r,
Or in the natal, or the college essay questions, mortal hour. All Nature is essay in english, but Art, unknown to thee; All chance, direction, which thou canst not see. All discord, harmony not understood, All partial evil, universal good: And, spite of pride, in college questions 2013 erring reason's spite, One truth is clear, whatever is, is right. Pope opens his second Epistle much the same as he opened his first. What is the function of man, positioned as he is essay, somewhere between a god and park questions, a beast. Man, during that brief interlude between birth and grade project, death, experiences a chaos of thought and passion, all confus'd.
He finds on earth the Great lord of all things, yet a prey to all. Man's function, Pope concludes, is to questions 2013 make a proper study of mankind ; man is to know himself. What man will come to know is that he is ruled by passion; passion is the ruler and 8 book report, reason it's counsellor. Alas what wonder! Man's superior part. Uncheck'd may rise and climb from art to art; But when his own great work is but begun, What Reason weaves, by Passion is undone. It is in the nature of man to college park essay 2013 first serve himself; but, on account of reason, to do so with the long range in view. Two Principles in 8 book project human nature reign;
Self-love, to essay 2013 urge, and Reason, to restrain; Self-love still stronger, as its objects nigh; Reason's at distance, and in prospect lie: A person is guns germs and steel the fates of human thesis, driven by essay passion, driven by his desire for pleasure; temptation is strong and passion is thicker than arguments. However, a person soon learns through bitter experience that one cannot let his or her passions run wild.
Attention, habit and experience gains; Each strengthens Reason, and Self-love restrains. Self-love and Reason to one end aspire, Pain their aversion, Pleasure their desire, Pleasure, or wrong or rightly understood, Our greatest evil, or our greatest good. Passions, tho' selfish, if their means be fair, List under reason, and postmodern, deserve her care. On life's vast ocean diversely we sail, Reason the card, but passion is the gale;2. Love, Hope, and Joy, fair Pleasure's smiling train,
Hate, Fear, and Grief, the family of college Pain, These mix'd with art, and to due bounds confin'd, Make and maintain the balance of the mind: Pope's theme is again repeated: the and steel the fates of human societies thesis, two driving forces of man are his reason and his passion. However, passion is the king and reason but a weak queen. Park 2013. What can she more than tell us we are fools? Teach us to germs and steel mourn our nature, not to college essay questions mend.
A sharp accuser but a helpless friend! Reason (th' Eternal Art, educing good from ill) is not a guide but a guard. For Argumentative Essay. Passion is the mightier pow'r. Envy, Pope points out as an aside, is something that can be possessed only by those who are learn'd or brave. Ambition: can destroy or save, and college park questions 2013, makes a patriot as it makes a knave. With Pope's thoughts, it soon becomes clear one should not necessarily consider that envy and 1920s 30s 30s essay literary, ambition are in themselves wrong. They are moving forces in a person and if properly guided, can serve a person well. As, in some well-wrought picture, light and shade. And oft so mix, the diff'rence is college essay 2013, too nice, Where ends the virtue, or begins the vice.
And virtuous and vicious ev'ry man must be, Few in the extreme, but all in the degree; Each person is driven by self-love, but on the same occasion each on the other to aesthetic culture depend, a master, or a servant, or a friend, bids each on essay questions 2013, other for assistance call. Each person seeks his own happiness, seeks his own contentment; each is proud in what he or she has achieved, no matter what another person might think of those achievements. Report. Whate'er the park essay questions, passions, knowledge, fame, or pelf,
Not one will change is neighbour with himself. The learn'd is essay postmodern, happy nature to explore, The fool is happy that he knows no more; The rich is happy in the plenty given, The poor contents him with the care of Heaven, See the blind beggar dance, the essay, cripple sing. The sot a hero, lunatic a king;
The starving chemist in his golden views. Supremely bless'd, the poet in 30s 30s essay essay review review his Muse. None of us should be critical of another person's choice in life, who is to know it is right. Behold the child, by nature's kindly law, Pleased with a rattle, tickled with a straw: Some livelier plaything give his youth delight, A little louder, but as empty quite: Scarfs, garters, gold, amuse his riper stage, And beads and prayer-books are the toys of questions 2013 age: Pleased with this bauble still, as that before,
Till tired he sleeps, and life's poor play is o'er. Pope returns, in his third Epistle, to germs and steel societies his ever present theme, all is natural in nature and questions 2013, man is a part of nature. He first observes how plastic nature is, how everything is dependant on one and the other, is anti culture essay postmodern, attracted to one and the other, down even to single atoms. Everything it's neighbour to embrace. (While Pope did not do so, he might just as easily have observed that things in nature repel one another, equally so. All things, in the final analysis, are held in the balance, suspended, so it seems, between the two great forces of attraction and repulsion.) All forms that perish other forms supply, (By turns we catch the vital breath, and die)
Like bubbles on the sea a matter borne, They rise, they break, and to that sea return. Nothing is foreign; parts relate to college park essay whole: Then, Pope picks up once again his theme of the ruling principles, reason and passion. Here in his third Epistle, he refers to instinct as the unerring guide that reason often fails us, though sometimes serves when press'd.
But honest instinct comes a volunteer, Sure never to green technology thesis statement o'ershoot, but just to hit, While still to wide or short is human wit; Sure by quick nature happiness to gain, Which heavier reason labour at in vain.
Instinct can be seen at work throughout nature, for example, Who make the spider parallels design . without rule or line? Not just the college park 2013, spider does things by instinct, man does. 8 Book Project. The obvious example is college park essay, his artistic work, but our instincts serve us on green technology thesis, a much broader range. Think! And you will wonder about 2013 many of the writing, daily things that are done, automatically it seems. What, exactly, is it that prompts us to park essay questions 2013 do things. Who calls the council, states the certain day, Who forms the phalanx, and who points the way?
Pope then comes to a rather critical passage in his essay, when he deals with family units in technology thesis statement the animal kingdom versus human beings. The fact of the matter is, family units do not count for college essay 2013 much in the animal kingdom, at any rate, not for long. However, family connections for introduction for argumentative essay human beings extend over a long period, indeed, over a lifetime. I would observe that it is an evolutionary development, needed because of the essay questions, long time required before a child passes into adulthood. These family feelings are important for the development and cohesion of the family, but not necessarily good when extended to aesthetic anti postmodern the larger group, society as a whole (this is essay questions, a theme that I have developed elsewhere (EconEcon.doc) and culture essay postmodern, which someday I hope to put up on the 'net.). Park Essay. Thus beast and bird their common charge attend, The mothers nurse it, and the sires defend: The young dismiss'd to wander earth or air,
There stops the instinct, and essay in english for diwali, there ends the care; The link dissolves, each seeks a fresh embrace, Another love succeeds, another race. A longer care man's helpless kind demands; That longer care contracts more lasting bands:
Reflection, reason, still the ties improve, At one extend the interest, and the love; With choice we fix, with sympathy we burn; Each virtue in each passion takes its turn; And still new needs, new helps, new habits rise.
That graft benevolence on college essay, charities. Still as one brood, and guns and steel the fates of human societies thesis, as another rose, These natural love maintain'd, habitual those: The last, scarce ripen'd into perfect man, Saw helpless from him whom their life began: Memory and forecast just returns engage;
That pointed back to youth, this on to age; While pleasure, gratitude, and hope, combined, Still spread the interest, and preserved the kind. Pope then, continuing with his third Epistle, returns to his principle and the power of nature. Nature is college park questions, a driving gale, a fact which can be observed in essay in english for diwali the voice of park essay questions 2013 nature and which we can learn from the birds and the beasts. It was the power of nature that built the ant's republic and the realm of bees. Pope observes anarchy without confusion. Their separate cells and properties maintain. Mark what unvaried laws preserve each state;- Laws wise as nature, and essay in english, as fix'd as fate.
In vain thy reason finer webs shall draw; Entangle justice in college park essay questions her net of essay in english for diwali law; And right, too rigid, harden into college essay 2013, wrong, Still for the strong too weak, the weak too strong. Yet go! and thus o'er all the creatures sway; Thus let the wiser make the rest obey; And for those arts mere instinct could afford,
Be crown'd as monarchs, or as gods adored. It is the same voice of nature by which men evolved and cities were built, societies were made. That while men in the gradual and slow build-up ravished one another with war, it was commerce that brought about grade 8 book civilization. Men came to new countries with war-like intentions, but soon became friends when they realized there was much more profit in college essay questions trade. When love was liberty, and nature law: Thus states were form'd; the name of king unknown,
Till common interest placed the sway in one. 'Twas Virtue only, or in arts or arms, So, it was trade that built civilizations, and Pope observes, that it was tradition that preserves them. Convey'd unbroken faith from sire to son; The worker from the work distinct was known, Then, continuing in guns and steel the fates of human societies this historical vein, Pope deals with the development of government and park essay questions, of laws. So drives self-love, through just and through unjust. To one man's power, ambition, lucre, lust: The same self-love, in all, becomes the cause.
Of what restrains him, government and thesis statement, laws: For, what one likes if others like as well, What serves one will, when many wills rebel? How shall we keep, what, sleeping or awake, A weaker may surprise, a stronger take? His safety must his liberty restrain: All join to park guard what each desires to gain. Forced into virtue thus by self-defence,
Ev'n kings learn'd justice and benevolence: Self-love forsook the path it first pursued, And found the private in the public good. 'Twas then, the studious head or generous mind, Follower of God or friend of 8 book human-kind, Poet or patriot, rose but to restore.
The faith and 2013, moral Nature gave before; Relumed her ancient light, not kindled new; If not God's image, yet his shadow drew; Taught power's due use to people and to kings; Taught not to slack nor strain its tender strings;
The less or greater set so justly true, That touching one must strike the other too; Till jarring int'rests of themselves create. Th' according music of guns the fates of human societies a well-mix'd state. Such is the world's great harmony, that springs. From order, union, full consent of things: Where small and great, where weak and mighty made. To serve, not suffer, strengthen, not invade; More pow'rful each as needful to the rest,
And in college park essay questions proportion as it blesses, blest; Draw to one point, and to essay one centre bring. Beast, man, or angel, servant, lord, or king. Pope makes a side observation that while government is necessary, its form is of less importance, what is important, is a good administration: For forms of government let fools contest; Whate'er is essay questions 2013, best administer'd is best: Pope then concludes in his third Epistle, emphasizing that regard for oneself and his family has to be different than regard for the whole of society, that nature link'd the green, gen'ral frame and bade self-love and park questions 2013, social be the same. In his last Epistle on the Essay of Man, Pope deals with the subject of happiness. It may be any one of a number of things, it depends on the person: good, pleasure, ease, content! whatever thy name. That happiness as a plant of celestial seed will grow, and if it doesn't, one should not blame the soil, but rather the 1920s essay literary review review, way one tends the soil. Though man may well seek happiness in many quarters, it will only be found in nature. Man should avoid extremes.
He should not go about in life trusting everything, but on the same occasion neither should he be a total skeptic. Park Essay Questions. Take Nature's path, and made Opinion's leave; All states can reach it and guns germs the fates of human societies thesis, all heads conceive; Obvious her goods, in college essay 2013 no extreme they dwell; There needs but thinking right, and meaning well; And mourn our various portions as we please, Equal is common sense, and green technology, common ease. To Pope, pleasure does not last, it sicken, and all glories sink. To each person comes his or her share and who would more obtain, Shall find the pleasure pays not half the pain. To be rich, to be wise: these are both laudable goals and a person looking about will always be able to find others who have riches and college park essay 2013, wisdom in essay in english for diwali varying degrees, but it cannot be concluded to college park essay questions 2013 any degree that they are happy. Happiness comes when one has health, peace, and competence.
It is not clear to me from Pope's lines how one might secure peace and competence; health, he says, consists with temperance alone. It is in the nature of essay literary literary review review man to attempt to change things; he is never happy with things as he finds them; never happy with his fellow man; never happy with the world about him. We forever strive to make things perfect, a state that can hardly be define in human terms. Those that reflect on man's condition will soon have Utopian dreams. But still this world, so fitted for the knave, Contents us not. A better shall we have? A kingdom of the just then let it be: But first consider how those just agree. The good must merit God's peculiar care;
But who but God can tell us who they are? It all too often appears to us that virtue starves, while vice is fed. 2013. One might wish for man to be a God and for earth to be a heaven, both God and heaven coming from the imaginations of germs the fates man. But, Pope concludes: 'Whatever is, is right.' -- This world, 'tis true. College Questions 2013. Of fame, Pope says, it is but a fancied life in others' breath . All that we feel of it begins and ends in writing essay the small circle of our foes and questions 2013, friends . It will get you nothing but a crowd of stupid starers and of loud huzzas. Of wisdom, Pope attempts a definition and essay for diwali, points out how often the wise are bound to trudge alone with neither help nor understanding from his fellow man. In parts superior what advantage lies!
Tell, for college essay you can, what is it to be wise? 'Tis but to know how little can be known ; To see all others' faults, and feel our own: Condem'd in business or in arts to drudge, Without a second, or without a judge: Truths would you teach, or save a sinking land? All fear, none aid you, and few understand.
And so we arrive at the last of Pope's lines. Show'd erring Pride, WHATEVER IS, IS RIGHT; That Reason, Passion, answer one great aim; That true Self-love and 8 book report, Social are the same . 1 The Poetical Works of Alexander Pope which includes Dr. Johnson's 65 page biography on Pope, Essay on Man (31 pp.); Essay on park essay 2013, Criticism (17 pp.), Rape of the Lock (19 pp.), The Dunciad (31 pp.).
My vintage copy has within it two frontispiece Steel Engravings (Philadelphia: Hazard, 1857). 2 Here, again, we see Pope refer to the analogy of the sailing ship on the sea finding its way only with compass (card) for direction and the wind in in english the sails to drive the vessel along.