Medical Law Essay Example Essay Example

Clinical Law Essay Example Paper Clinical Law Essay Introduction In the event that a lady is incredibly intellectually hindered, English courts have permitted non-consensual disinfections. In any case, the courts have adjusted their points of view by perceiving the privilege of a lady to have a youngster as an essential right. In situations where the non-consensual cleansings have expected the job of a treatment, the courts have permitted non-consensual sanitizations. In any case, through alert and watchfulness the judges have forestalled non-consensual disinfections from getting coercive and effectively restricted the automatic cleansings. To a degree, the utilization of the English law has relied upon the application the courts as for non-consensual cleansing. The utilization of non-consensual sanitization is utilized in the event of intellectually incapacitated females. The courts have prohibited non-consensual disinfection of an intellectually crippled female in situations where she is probably going to have the legitimate ability to wed (Re D [1976] 1 All ER 326). Courts have permitted non-consensual cleansings just in those situations where it has been acknowledged that the female won't lawfully have the option to go into marriage (Jackson. J, 2006),. Clinical Law Essay Body Paragraphs Correspondingly, in the event that the court can utilize its â€Å"parens patriae† controls and approve the non-consensual disinfection of an intellectually impaired young lady. This was done in L v. L’s Curator and Litem (1997 SLT 167). The degree to which the legitimate system has had the option to stop non-coercive disinfection relies upon the choices that have been taken by the English courts. All in all there has been various cases in courts that have come up identifying with learning inabilities where the requirement for non-consensual cleansing have been bantered in the court. In these cases the motivation behind sanitization has been for contraception. The court has allowed authorization for disinfections now and again. (C. f. T v. T and another [1988] 1 All ER 613; In re B( A Minor)(Wardship: Sterilization) [1990] 2 AC 1 (HL)). What the court sees is the seriousness of the debilitation and afterward chooses. The unsettled issue is that if there is a treatment o f an intellectually debilitated lady, if the court feels that it is to the greatest advantage of the lady to be cleaned then the courts have given their assent. Are these disinfections coercive? This must be determined by looking at the presumptions made by the court with respect to the interests in child rearing or about the sexuality of the ‘mentally crippled persons’ If these suspicions are not upheld by satisfactory proof then we would need to reevaluate the choices of the court (Chinkin. C, 2006),. On the off chance that these notions are upheld by strong approval, at that point we could presume that non-consensual sanitizations were justified and these cleansings were not coercive. It is significant the non-consensual cleansing ought to be coercive and carefully limit automatic non-consensual disinfections on the grounds that in any case these will be seen as a picture of state abuse. What's more, this makes a feeling that the state is by one way or another associ ated with the selective breeding and the body politic activities control over the selection of people (The Law Reform Commission 2005). The inquiry that is identified with non-consensual sanitizations is whether there is still any factor identified with selective breeding when the courts endorse non-consensual disinfections for the slow-witted. The modest number of examples when the court has allowed non-consensual sanitizations discredits this case. In the UK there are various circumstances where non-consensual disinfections have been refused. For instance in Re B. (a Minor) (Wardship: Sterilization) (1987), [1988] 1 A. C. 199, [1987] 2 All E. R. 206 (H. L. ) [Re B. (H. L. ) refered to A. C. ] the Lordships precluded that social or eugenic reasons can be utilized for non-consensual disinfections. In any case, the appointed authorities permitted wardship purview to legitimize non-consensual sanitizations as it included a seventeen-year elderly person who had generous mental troubles . For this situation her supervisors felt that pregnancy now would prompt serious challenges and different types of contraception were precluded. In such outrageous cases non-consensual cleansings are permitted by the law (Cook. R, Dickens. B Fathalla. M 2003). It appears that the law has been effective in staying away from coercive sanitizations and to confine automatic non-consensual cleansings. During decisions it has been built up that non-consensual cleansings could be legal just on the off chance that it was to the greatest advantage of the lady to turn out to be for all time disinfected (Mason, J. K. furthermore, McCall Smith, R. A. , 1994). If there should arise an occurrence of minor ladies the law gives wardship purview to the court, with the goal that it can act to the greatest advantage of the ward [1990] 2 A. C. 1 (H. L. ) [Re F. ]. In the use of the law it has been seen that the courts have had the option to confine automatic non-consensual sanitizations and have gone about as middle people between the people and society. There are two points of view. From one point of view, each individual has the privilege to shield his body from burden, then again pregnancy and birth can influence the body of the individual and that might be against the interests of the individual or the general public. Initially the laws that were encircled for non-consensual sanitizations had been composed for securing the interests of the general public; be that as it may, the current utilization of these laws has been for the most part to ensure the interests of the person. As such, the law has been fruitful in maintaining a strategic distance from coercive sanitizations on the grounds that the law has permitted non-consensual cleansings for the most part to guarantee substantial respectability of the lady. The one zone where the UK courts have given authorization for non-consensual sanitizations is the place the state of mind of the lady is grave. Presently if the body ou ght not be interrupted, for what reason should the courts permit non-consensual disinfections? The clarification is that the woman’s body need clinical treatment. The disinfection is described as a sparing the lady. The lady can't guarantee security against interruption if the interruption into her body has been seen as generous. The standards of poise and opportunity don't give this assurance. The sickness lies in the body of the lady whose regenerative capacity isn't leveled out. When this portrayal by the law is set up, at that point dispensing with the danger of pregnancy is a freeing and engaging. In any case, the law has held that guardians or gatekeepers can't offer agree to surgeries for contraception on an intellectually hindered individual. As it were the helpful legitimacy of the medical procedure ought to be set up in court. The general rule that has been followed in UK courts is that physical trustworthiness has been given more noteworthy significance than Ã¢â‚¬Ë œright to be secured against pregnancy’. This has kept away from coercive disinfections and cutoff automatic cleansings. What has helped the law maintain a strategic distance from coercive disinfections and breaking point automatic sanitizations is the acknowledgment of the way that non-consensual cleansings is an irreversible activity and removes the major human right of the lady to repeat. The court ought not remove this essential human right. Be that as it may, the option to build up a family is reliant upon the court’s assessment of the individual’s capacity to value that right. As such the court maintains all authority to choose if the individual can appreciate the option to begin a family. It is to be comprehended that the courts in UK have not declared that non-consensual sanitizations are legal. Then again the substantial honesty of the individual and opportunity of the lady is seen to have been improved by the disinfections. The meticulousness of the co urt forestalls coercive cleansings and cutoff points automatic sanitizations. The essential premises on which the English law was surrounded identified with the conviction that relating sanitizing ladies who were intellectually impaired was fitting since they were incompetent at child rearing and that the lives of the intellectually crippled would be improved on the off chance that they didn't have child rearing obligations. To entirety, the English law has had the option to maintain a strategic distance from coercive disinfections and carefully limit automatic yet non-coercive cleansings. Where the lady has been discovered equipped for wedding, the courts have not permitted non-consensual sanitizations. Moreover, the courts have perceived the significance of sacredness of the woman’s body, her opportunity and her entitlement to establish a family. This reasonable viewpoint of the courts has guaranteed that coercive sanitizations are kept away from and automatic non-consensua l disinfections are restricted to the base. References: Chinkin. C, (2006), Health and Human Rights, Retrieved on February 22, 2007 from: http://www. nuffieldtrust. organization. uk/uploadedFiles/Grants/Chinkin_52-59. pdf. Cook. R, Dickens. B Fathalla. M (2003), Reproductive Health and Human Rights: Integrating Medicine, morals, and Law, Oxford University Press. Jackson. J, (2006), Ethics in Medicine, Blackwell Publishing Mason, J. K. also, McCall Smith, R. A. , (1994) Law and Medical Ethics, (fourth Ed), London, Butterworths, . The Law Reform Commission (2005) Consultation Paper on Vulnerable Adults a the Law: Capacity, Retrieved on February 22, 2007 from: http://www. lawreform. ie/records/Consultation%20Paper%20on%20Capacity%20_final%20version_. pdf We will compose a custom exposition test on Medical Law Essay Example explicitly for you for just $16.38 $13.9/page Request now We will compose a custom article test on Medical Law Essay Example explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer We will compose a custom article test on Medical Law Essay Example explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer

Learning English Essay Example for Free

Learning English Essay As a worldwide understudy, learning English was a major test. For a certain something, I grew up communicating in my local language more often than not, and I possibly communicate in English when simply fundamental, for example, conversing with American or English outsiders. This is the reason I thought that it was difficult to learn English, and there is still space for some upgrades. From the outset I believed that once I examined English, I would adapt rapidly. Be that as it may, I discovered it was hard in light of the fact that my tongue became accustomed to communicating in my local language. The hardest part was acing the subject-action word understanding. Each time I speak, I battle with assessing whether the subject and the action word coordinate. Here and there I use action word with s when I allude to plural subjects. I additionally experienced issues understanding sentences that have exceptionally long subjects. For example, A mountain go that sits between two bigger mountains disregarding the valley is/are extremely wonderful. At the point when my companion or anybody I converse with utilize this sort of sentence, I effectively get lost from what he intends to state. Consequently, at times I confound what he says. I surmise the learning procedure took more time for me. In any case, I am appreciative that my encounters were preparing ground for the progressions that occurred. Additionally, the formalized gaining from the study hall helped me a long way to go another dialect (Smith). Gradually, I took in the correct ways to express words. My instructor and my schoolmates and companions right me when I wrongly articulate a word or my sentence is linguistically off base. Perusing has likewise helped extraordinarily. I attempted to comprehend what I read, and apply what I realized. I have additionally perused short stories and I contemplated the manner in which sentences are built. Gaining from perusing is beneficial. Beside learning sentence structure, spelling, and understanding significance from the books I read, perusing has likewise made me fully aware of the numerous things that stayed unfamiliar to me. I can say that until now, I’m as yet learning. It has helped me enormously in managing everyday issues in the United States. Work Cited Smith, Mark K. 2003. â€Å"Learning Theory. † 26 February 2009 http://www. infed. organization/biblio/b-learn. htm.

How to Pick Your Sophomore Year Extracurriculars TKG

How to Pick Your Sophomore Year Extracurriculars Hey, all you rising sophomores, welcome to limbo! Sophomore year is a weird time. You don’t feel like you’re allowed to be doe-eyed and lost anymore because Junior year is within arms reach, but you still kind of are that confused freshman who wants to be able to check out of class sometimes because everyone’s been telling you that your grades don’t really matter...yet. (For the record, we completely reject that idea and grades don’t always matter, but so goes cultural programming.)Along with picking electives and maybe getting into an AP or two, planning for sophomore year should include a serious sit-down with yourself (and your parents or whoever helps you get from A to B) about what you’ll be up to outside of academics. And no, you can’t just say sports. We love sports, we love how sports can help students stay focused and on-track, but three seasons of swimming doesn’t void the need for exploring other interests.Speaking of which, have you thought about what you like? By the end of your freshman year, you need to have isolated 2-4 areas of interest that you’d like to focus on as a sophomore. Why 2-4? Because schools don’t like 1-trick ponies, but they also don’t like applicants who seem to do everything, but nothing well. A strong application (and applicant) needs to be focused.Not sure what your 2-4 areas of interest are? Well, then figuring it out is your homework. “Nothing,” isn’t an option and neither is “social media” or “testing Snapchat filters.”Once you have those 2-4 areas of interest, join any corresponding clubs in school (if you haven’t already). If one doesn’t exist (say, robotics), start it. Find a teacher who is game, find other students that are interested, and make it happen. Outside of the school building, continue to build your expertise in the subject by taking casual courses through Coursera or Kahn Academy, or, and especially if you’re creatively inclined, Masterclass.After joining clubs and p ursuing greater expertise, the third piece to the extracurricular puzzle is to try to find an outside experience that links to your area of interest. If you’re drawn to engineering or science, try to find a research internship at a local lab or hospital (and yes, there are opportunities for high school kids if you take the time to search for them). If you’re interested in politics, volunteer on a local campaign. From phone banking to going door-to-door, you’ll be able to experience the political process in action.All of this is to say: dive in. Reach out to experts, look for opportunities, and ask for help in finding new ones. You may get a lot of no’s, but it’s always worth asking. If someone does say no, find someone else to ask. Be polite, represent yourself well, and proactively pursue your passions.After selecting what you want to do outside of school, commit to seeing it through. In addition to looking for focused interests and depth of experiences, colleges look for continuity. 9th grade is for testing the waters, 10th grade is for choosing and pursuing, 11th grade is for going deep, and, when senior year comes around, you’ll have the tools necessary to keep exploring.If you need some advice on extracurriculars or are looking for guidance picking your in-school subjects, drop us a line. We’d love to help you out!Tip: Reading might not count as one of the 2-4 interests, but it’s a crucial part of developing your interests. During sophomore year, you should be reading a minimum of 300 pages per month (about one standard-sized book) that aren’t assigned by a teacher. You can read a bunch of short books or take a few months to read a longer one. We don’t care. Just pick up a book and read.

Do the Right Thing Scene Analysis Essay - 1306 Words

Do the Right Thing is a dramatic comedic film that was directed by Spike Lee. The movie was released in 1989. Lee served in three capacities for the film: writer, director and producer of the movie, Ernest Dickenson was the cinematographer and Barry Alexander Brown was the film’s editor. For this film, Lee garnered together some notable actors and actresses, including Ruby Dee and Ossie Davis, Rosie Perez, Samuel L. Jackson, John Tuturro and Martin Lawrence. The setting of the movie is in Bedford-Stuyvesant; which is a neighborhood in Brooklyn, New York. This particular neighborhood is made up of several ethnic groups that include African Americas, Italians, Koreans, and Puerto Ricans. The movie takes place on a particularly hot day†¦show more content†¦This confrontation does not end on a happy note and has deadly consequences in subsequent scenes. The scene takes place inside of Sal’s Famous Pizzeria which is in the Bedford-Stuyvesant, Brooklyn. The pizzeria has been in that neighborhood for many years and most its customers are blacks. Inside the pizzeria we see chairs, tables, refrigerator that contains soda, a pizza oven and a cash register among other things typically found inside a restaurant. The temperature inside the pizzeria is hot and coupled with the extreme hot day makes the racial tensions more intense. For this scene natural lighting is being utilized. The lighting is comes from the available source within the scene, which are the several lamps hanging from the ceilings throughout the pizzeria. The three point light system can also be seen in this scene. The main lighting source is the key light. An example of this is present, when we first see Sal at the beginning of the scene. We see a light coming from the left side of the frame. This light illuminates one part of his face but casts a shadow on the other half part. Here we have a high key lighting. The use of fill light is also present; we can see an example of this in the shot where we see Vito reaction that what Sal is saying. One half of his face is lit by the key lightShow MoreRelatedMovie Analysis : Do The Right1304 Words   |  6 Pagesunique forms of media because it has the ability to make a fictional story socially powerful. The simplest of elements in a film are able to change how the audience interprets a scene and give it a deeper meaning. In Spike Lee’s 1989 film, Do the Right Thing, many small elements come together to impact individual scenes as a whole. This controversial film illustrates a single day of rising events in a black neighborhood. It shows the frustration of the African-American population in how they areRead MoreDo The Right Thing Analysis1257 Words   |  6 Pagescontrollable elements such as; camera lens, framing, scale, movement etc. Editing is another fundamental component of film studies in which different shots are put together in a coherent sequence in order to make meaning of a film. In the film â€Å"Do The Right Thing† by Spike Lee, cinematography and editing serve as critical components to emphasize the racial tensions between the various characters. Set in a predominantly black neighborhood in Brooklyn, New York, the action of the film consists of a seriesRead MoreWilliam Golding s Lord Of The Flies1126 Words   |  5 PagesFlies, there’s a scene where one of the main characters, Simon has a conversation after he has passed, out with Lord of the Flies. The pig’s head speaks to him in the book version by William Golding. 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The block was just devastated by a melee that broke out because the police killed Radio Raheem after he and Sal got in an altercation that was triggered by the volume of Radio Raheem’s boom box. Though at aRead MoreEssay on Forensic Science: Blood Spatter Analyst 1267 Words   |  6 PagesBlood Spatter Analyst Forensic science is a key aspect of Criminal Justice that helps rid the streets of lunatics and murderers. One of the most important fields of forensic science is blood spatter analysis. Under the Crime Scene Investigation, analysts gather the information that could eventually lead to a victim’s killer. Basic and complex information can be found when analyzing blood. We can learn what kind of weapon was used, the time of death of a victim and other important facts that canRead MoreAnalysis Of A Scene From One Of My All Time Favorite Tv Shows1670 Words   |  7 Pageshis paper is a critical analysis of a scene from one of my all time favorite tv shows; Daredevil. The purpose of this paper is to define and apply five concepts obtained from Bordwell and Thompson to develop an analysis of the visual form of my scene. I have chosen 5 concepts; costume, setting, lighting, low camera angle, and eyeline match. Each of these concepts play a significant role in emphasising the mood an d visuals of the scene that overall impact the viewer’s interpretation of the main charactersRead MoreThe Future of Psychological Profiling1658 Words   |  7 Pagesavailable, and what future challenges do you see this approach facing as more investigators utilize this as an investigative tool? Psychological profiling is becoming more and more popular with police departments all over the United States as an additional tool to help solve some of the most serious and most heinous crimes. Even though profiling is considered an art and not a science, when profilers are given the correct information and are given access to crime scenes they can collaborate with eachRead MoreSpike Lee: Do the Right Thing Essay1011 Words   |  5 PagesJames Callahan COM 2010 4-22-11 Midterm Analysis Revise Cinematography helps Spike Lee to Do the Right Thing In Spike Lee’s film Do the Right Thing, we dive head first into a world of racial and social ills. The movie is set in the African American and Puerto Rican neighborhood of Bedford-Stuyvesant, Brooklyn, on the hottest day of the year. We follow a young man named Mookie, who lives with his sister Jade, and works as a pizza delivery guy for a local pizzeria owed by Sal. Sal’s â€Å"Wall

Racial Identity Early American History - 1440 Words

Austin Dubble Professor Carol Jenkins Politics of Identity 7 September 2014 Racial Identity in Early American History The Merriam-Webster dictionary defines identity as â€Å"the qualities, beliefs, etc., that make a particular person or group different from others† (MWD). In other words, the characteristics which makes a person unique is the identity that they associate with. Black, white, Indian or Latino; gay, lesbian, bisexual or straight; man, woman or transgender; young, middle aged or old; Christian, Muslim, Jewish or Hindu; poor, middle class, or rich; these are just a sampling of the identities that an individual might use to describe themselves in a way to set themselves apart from others. However, what should happen if these identities and their respective connotations are thrown onto a person? What if these differences that many claim should be celebrated are now used to persecute and ostracize? No longer does the individual have a choice as to what identities they will use and how those identities will be represented in the world. Ame rica was founded as a result of a religious identity crisis in England yet at the same time the Founding Fathers used the identity of race as a way to persecute a large body of individuals. There are a myriad of texts that help explain the idea of race and the implications of it in America. The legal documents, the historical writings, and the modern analysis of America’s history all paint a picture of the separation between theShow MoreRelatedRace and the Census: Effect on the Social Context of Cultural and Social Identity1383 Words   |  6 PagesThe focus of this research study is to explore the construct of race in the census survey and the effect that it has on the social context of both cultural and social identity. These changes are based on the evolving landscape of the population as it pertains to the characteristics of its people. The Census was first administered in the 1790 and would take place every ten years . Its main purpose was to better respond to the nee ds of its citizens and how the government would represent the growingRead MoreSilencing Race : Disentangling Blackness, Colonialism, And National Identities962 Words   |  4 PagesSilencing Race: Disentangling Blackness, Colonialism, and National Identities in Puerto Rico, she reconstructs defining historical moments between the 1870s and 1910s when over-racialized boundaries became politically expedient in the building of a cohesive Puerto Rican national identity. Ileana M. Rodrà ­guez-Silva is an associate professor of Latin American and Caribbean history at the University of Washington, Department of History. 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The assimilation perspective assumes that to become fully fledged members of society, alternative groups must adopt as muchRead MoreAnalysis Of Langston Hughes And His Views On Early 20th Century African American Society Essay1717 Words   |  7 PagesDecember 2016 Langston Hughes and His Views on Early 20th-Century African American Society When African American slaves were released from slavery following the American Civil War, the ethnic group was now able to control their own lives, and the U.S had to acknowledge their freedoms and rights as American citizens. However, despite bold beliefs from the war, many white Americans still continued to deny equality to those of color. In addition, African Americans had not expressed their true potential asRead MoreRace And Ethnicity : Cape Verdean American Immigrants Essay1631 Words   |  7 PagesEthnicity: Cape Verdean American Immigrants 1860-1965, I was able to develop a clear perspective of the Cape Verdean’s American voyage as well as their social and economic triumph. Prior to reading this book, I had no knowledge of the Cape Verdean people, unless they are very similar to the â€Å"Brazilians†. Marilyn intentions for her book was to address the social construction of Cape Verdean racial and ethnic identity and how the trials they experience while margin ing into American society. Cape VerdeansRead MoreThe Life and Legacy of Dr. Kenneth B. Clark: The History of an African-American Psychologist904 Words   |  4 Pagesto inspire because, even today, in the 21st century, there are many ideas and problems that Clark addresses in the realm of prejudice and racism that are still relevant in social identity, education and the work place in America. Clark was a social psychologist who was a firm believer in equality, though he knew that racial division would be a difficult task to overcome, he still thought it was a concept that was necessary for America to progress. One of the many researchers that have continued Clark’s

Analysis Of Beverly Tatum s Why Are All The Black Kids...

Racism is actually a topic that seems to be tabooed world-wide. In the first chapter of Beverly Tatum’s â€Å"Why Are All the Black Kids Sitting Together in the Cafeteria† she discusses racism and all of its components. In this chapter she discusses white privilege, active and passive racism, prejudice and much more. Beverly explains how racism is â€Å"a system of institutional policies and cultural messages that is advantageous to white people and disadvantageous to people of color†. This would explain how white people continue to be at a higher advantage and benefit from racism. This would be called white privilege. In this chapter, Beverly Tatum also discusses the differences between racial identity and ethnic groups. Even in 2015, there are still clear signs of not only racism but white privilege as well. African Americans are killed every single day yet people still believe this isn’t a racial issue. If a white person were to be killed by a black police officer in â€Å"self-defence† there would be total pandemonium. There’s many cases where a white police officer/person was able to get off on murder when the victim was black. Tamir Rice, Sandra Bland, Mike Brown, and Sam Dubose are prime examples of police brutality. There was even a hashtag that was started to raise awareness on these issues. The hashtag â€Å"#BLACKLIVESMATTER† is definitely more informative than news stations today. News stations are always able to twist the story to benefit the white person more. They’ll call massShow MoreRelatedWhy Are All The Black Kids Sitting Together Essay1293 Words   |  6 PagesIn her book â€Å"Why Are All the Black Kids Sitting Together in the Cafeteria?† , Beverly Daniel Tatum, explores the identity of racial development in the United States. She analyzes the definition of racism as well as the development of racial identity. Along with these topics she in turn offers possible solutions to racial problems that plague us today. Tatum uses David Wellman’s definition of racism to set up the way racism is talked about in this book, however I mildly disagree with this definitionRead More Teaching Race Explicitly in the Classroom Essay4727 Words   |  19 PagesMany literacy experts point out the fact that at the college level, black students who attend all-black schools tend to be more successful than those attending predominantly white schools. Even though these schools often lack resources and financial stability, they nonetheless produce more high achieving black students than predominantly white schools. For instance, according to Fleming, black students attending Historically Black Universities and Colleges (HBUC) have higher graduation rates than

Adversity Essay Example For Students

Adversity Essay Overcoming Adversity Essay Questions 1.He struggles with mental and social adversity Mental Adversity: Being misfortunately intellectually challenged. Social Adversity: Being misfortunately unable to communicate with people on the same level as us. 2.Some of the difficulties that he faces in daily life with his schizophrenia are that after his hospitalization, when he is on the medication he cant react to his wife, baby son, or anyone else. This operation resulted in me needing a blood transfusion. Unfortunately in 1983 blood donors were not screened for diseases. I was one of many who contracted both hepatitis B and C. Hepatitis B was just jaundice and showed it self soon after the operation. Fortunately Hepatitis C is dormant for now , although it is thought around the age of thirty the true disease takes hold. There is always that daunting reality that eventually I will need a new liver. Another result of my stay in the hospital is my droopy eye caused by an incorrectly inserted IV. In this age of physical beauty and especially being a teenager it has been especially hard for me to not feel that I am inferior to everyone else. As a result of lack of funds my eye will have to wait to be corrected. My father who has been out of work for three years because of a back injury that has left him in a tremendous amount of pain constantly. This has resulted in not only a financial strain on our family but also a burden of ache that tugs at me. I love my father dearly and it pains me to see him suffering. My parents are divorced and have been for some time, my father lives in California and before his injury I would visit at least two times a year for extended periods of time . Now that he is out of a job for all practical purposes my time with him has been cut to only a summer visit. This has also proved to be quite a emotional hardship , but as with everything else I have forced myself to accept it and to move on. Finally the most recent and trying trial of my life has been the death of my cousin, Chrystal. By relation we were cousins but by heart sisters. As children we lived together for a number of years and even after we didnt we would spend time together. Even as a child I knew she had this tumor developing and slowly expanding inside her that would eventually end her life but I always thought of it in the distance and that possibly something could be done for her . I spend every hour day and night with Chrystal for the last four days of her life. Chrystal was heavily medicated with pain medication , she would come and go from being conscious. I smiled constantly so as to make sure that when Chrystal opened her eyes she would see a smiling face. On January 1st of 2001 at eleven thirty five in a dimly lighted hospital room , I witnessed Chrystal take her last breath. Severely sleep deprived and emotionally exhausted from the past four days my only comfort was that I had the strength to be there for her , to know that her physical pain had ended with the ones she loved there to comfort her to the end and , to know I no longer had to smile. Cold Blood Essay Chrystal embraced the life she was given and lived her life with vigor to the end. She is an inspiration to me in the dignity , strength and extraordinary optimism she carried herself with in her final days. Men stumble over pebbles, never over mountains. Anonymous This life I am getting hit with mountains , but Im getting fairly good at scaling them. .

Home rehab day at tymco free essay sample

A free lancer Maria Cortez was working as a free lance writer and then later on she finally opened her own company which she named Tymco. It has grown steadily and it provides training and development, foreign language interpreting and translation and they also offer technical manuals. The company has 75 employees and 45 free lancers. Cortez worries about the employees’ teamwork because she believes that it is essential to improve the effectiveness of her company. She tried to arrange dinner for building team spirit but it does not work out. She and Atkins agreed to have a teamwork building and that’s where Tymco Rehab occurred. 1.What evidence was presented in this case that the staff members from different units at Tymco might have become better acquainted? -During the rehabilitation, each and every one share ideas and take responsible for what they are expert on. They believe and trust on each other’s capabilities. We will write a custom essay sample on Home rehab day at tymco or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page They also showed their care for each other and help one another on the tasks that they can do. 2.What should Maria do next to improve the chances that the home rehab day results in genuine team development? 3.What evidence is presented in this case that the home rehab day did give a boost to team spirit? -It established the trust by encouraging open communication, facilitating and supporting the team’s decision. 4.How valid is Ian’s comment about replacing shingles having no particular impact on becoming a better team player?

Misunderstanding The Meaning of Love

Misunderstanding The Meaning of Love Free Online Research Papers What is love? What does it mean? Today many people misuse and misunderstand the meaning of love. It is a word that is thrown around and has little to no meaning for some people anymore. Love is a powerful word that harnesses so much emotion that most people have never even felt before. Love is like a big warm blanket that we can always run and snuggle up in without any regret of what we have done. It doesn’t reject us, but loves us for who we are and doesn’t keep a toll for our wrong doings. Like everything in this world, it is two sided; has both its benefits and fallbacks. The true meaning of love is so defined that it seems almost impossible to meet and really truly love someone. The generation of today has forgotten the true meaning of love. To start out, we need to define what this word is in our culture today. According to the fourth edition of the Webster’s New World College Dictionary, love is, â€Å"a deep and tender feeling of affection for an attachment or devotion to a person†¦ a strong liking for or interest in something†¦ sexual passion, sexual intercourse† (850). So in our own world of today, we see love as an attachment, an interest, or the act of sex. For some it’s all of the above, but what about those who just see it as one of these? There are different definitions within the dictionary for different cases, so is love the same thing? No. Our world is so corrupt in its thinking that we can’t even come up with a simple definition for something that as human beings, feel so passionately about. We are so confused that we give different cases, or situations that the word can be, not is, what we are saying. And we wonder why we don’t understand certain things anymore. Love is not a hard thing to define. If one were to take family for an example, what is love in this case? Love here is forever, not easy, forgiving, trusting, faithful, support, helpful, selfless, tests ones patients, and confusing at times. What other relationships sound like this in our world today? In the people spectrum, how about friends and neighbors and role models. If we really take the time to think about it, by this list of what love is, we can say that we have a love for music, or sports, or pets. It is when people add in what love is accepted as that we start to loose sight of the true meaning. So if we know what love is, than what is it not? There are a lot of things that love is not. Love is not an attraction or stimulate like the hot girl or guy you see walking down the street that you get the â€Å"hots† for. Love is not sex or a synonym for sex as our world conceives it today. It is not unkempt promises that husbands give to wives and vice a versa. It is not forced, no one can tell you whom you love or are supposed to love. Lastly, love is not easily angered. To have love for someone or something, one must have patience. You cannot love something and be angry at it all the time. This goes with every aspect of ones life. Take music for example; if one is angered easily by the difficulty of music, than why put oneself through agony and despair when all it does is frustrate. The things that we love as humans, we know because no matter what obstacles come in our way we will do everything in our power to make sure that is living and well. Love is our motion of purpos e in a lot of cases in our life. By love being somewhat of a driving force, love is more than just an emotion. In a quest to find out what others felt about love as an emotion, a discussion broke out with my roommate Jacob Montague. â€Å"Love is not an emotion,† he stated. â€Å"It is an action. You can say that you love your mom, but do you really love her if you never do what she asks of you?† This also goes with the saying, â€Å"actions speak louder than words.† There are people in this world who have a very hard time expressing they way they feel to people. So it is the little things in life that really mean a lot to them and allow them to express how they really feel. Walking up and giving hugs, holding hands, kissing, or things not as physical: opening doors, helping with assignments, trusting others with responsibility, or leaving little notes of encouragement to someone in their mailbox. Love is as much as an action as it is an emotion. But what really is the definition of love? How can one pick an absolute definition? If one were to look in the worlds best selling book, The Bible, 1 Corinthians 13:1-8 says: If I speak in tongues of men and of angels, but have not love, I am only a resounding gong of a clanging cymbal. If I have the gift of prophecy and can fathom all mysteries and all knowledge, and if I have a faith that can move mountains, but have not love, I am nothing. If I give all I possess to the poor and surrender my body to the flames but have not love, I gain nothing. Love is patient, love is kind. It does not envy, it does not boast, it is not proud. It is not rude, it is not self-seeking, it is not easily angered, it keeps no record of wrongs. Love does not delight in evil but rejoices with the truth. It always protects, always trusts, always hopes, always preservers. What powerful words of wisdom. Even though this is the Christian definition of the love given by God, who can argue with these points? This is a very high standard for someone to live up to, but the rewards of this kind of love are gratifying beyond your most desirable dreams. In this case of love, love is like a big warm blanket that we can always run and snuggle up in without any regret of what we have done. It doesn’t reject us, but loves us for who we are and doesn’t keep a toll for our wrong doings. To love someone in this sense, how could one ever fight or be unsatisfied with someone? We are all human beings and are prone to make mistakes. If one doesn’t believe in sin, they believe in good and evil and wrongdoings. And by truly loving someone in this sense and not keeping a record of them, and truly being able to forgive them in any circumstance, there wouldn’t be this nonsense of 40-50 percent of all marriages ending up in a divorce according to di vorcerate.org, and the rate only gets worse for following marriages after a divorce. But now the question is what is the difference between this kind of love and true meaning of love. The love that we have for our spouses, versus our family, versus friends and everything we feel passionately about. Is there a difference? There is a difference in the emotions felt for different people, just as there are different actions that are expressed to show one’s love. For friends, the love is based on respect and trusting of opinions and value systems. These are the people we like to show our love through giving them our time. The love towards family is based on support, and forgiveness and trusting of opinions as well. We show them love through support, always being there for them, the time given, and the opinions that are given as a guide through life. For love towards objects and passions such as sports and music is the self-gratification that is received from the accomplishments that are gained from each. But although each of these are all different with how they ar e expressed, they all have the same Once our generation realizes what love truly is, and not just a lustful attraction, our world as a whole will become a better place. When people can start to love others rather than just themselves, forgive others for their wrong doings, and accept people for who they are then we won’t have problems such as war and terrorism. Love is the passion to forgive under any circumstance, the grace to forget all wrong doings, the sacrifice of oneself for another, and the ability to be kind in the face of utter devastation and remorse. Can people achieve this love? The answer is yes, but the desire to have it, use it, and become a part of it is up to every individual to make that choice. Research Papers on Misunderstanding The Meaning of LovePersonal Experience with Teen PregnancyComparison: Letter from Birmingham and CritoHonest Iagos Truth through DeceptionAnalysis Of A Cosmetics AdvertisementWhere Wild and West MeetThe Masque of the Red Death Room meanings19 Century Society: A Deeply Divided EraHip-Hop is ArtThe Project Managment Office SystemThe Fifth Horseman

What are Yang and Yin in Chinese philosophy Essay

What are Yang and Yin in Chinese philosophy - Essay Example This philosophical concept also has a rich chronological record since its discovery and elaboration by ancient Chinese philosophers. The philosophical ideology was approximately formulated in 700BC (Mou, 2003). Since the onset of this period, every phenomenon in the physical and social domains was reduced to yin and yang. The concept of yin and yang was introduced and enhanced by ancient scholars in the Yin dynasty (Mou, 2003). The scholars developed the ideology in gradual steps through history. Yin and yang mainly involves the opposite and complementary association among two different phenomena. The philosophical concept represents two opposite principles in all factors of nature. Yin and yang concepts are key contributors towards specific processes of change. Therefore, the relationship of yin and yang is only observable and evident in the progression of change (Mou, 2003). The end result of this affiliation of the opposite forces is development. Development therefore is attained through the complementary interaction of the opposite forces of yin and yang. The attainment of change through the gradual interaction of the opposite forces gives a new definition to situations (Mou, 2003). Events are always dynamic in the interaction of yin and yang. In this case, the affiliation of the yin and yang forces keeps shifting throughout the interaction. Dominance of either force determines the progression of the development process. Despite of the dominance of a single force, the yin and yang keeps complementing one another for the process of development (Mou, 2003). The association of yin and yang is universal in all situations of change or development. As denoted previously, the principle of yin and yang applies universally in diverse contexts of change and development. It explains social and physical processes through evaluation of diverse affiliations amongst complementary and opposite phenomenon (Mou, 2003). As a philosophical ideology, the concept of yin and yang explains social as well as physical processes. For example, there has been a significant application of the yin and yang concept in Chinese medicine. This is one of the physical domains that illustrate the concepts of yin and yang in explaining change processes (Mou, 2003). The yin force represents a block of specific characteristics. The yin force represents passive, female, as well as negative principle of nature. It comprises a shaded orientation, the moon, and the north or shady side of a hill. The yin force also represents the south of a river (Mou, 2003). The yang force represents the opposite constituents of the yin force. This force comprises of active, positive as well as male principle of nature. It entails the sunny or south of the hill. It as well represents the north of a river (Mou, 2003). Evidently, the yin and yang forces reflect and characterize opposing features. The forces are therefore mutually exclusive to each other. The medics in China borrow this association significantly in the explanation of change processes in the field. Yin and yang relationships have basic features in their interactions. Aspects of Yin and Yang relationship Inter-transformation Yin and yang relationships are characterized by inter-transformational courses. One force can change into the other through the process of their interaction (Mou, 2003). This aspect is facilitated by the complementary affiliation of the two opposite forces. The inter-transformational feature is however not a random event. It has its appointed time as determined by the course of the affiliation that exists within the forces (Mou, 2003). The time dependent inter-transformation also defines the nature of the ultimate result of development. Therefore, when the

Did the antebellum reformers succeed in their efforts to better Essay

Did the antebellum reformers succeed in their efforts to better America between 1820 and 1860 - Essay Example Yet, without the period of spirited public debate the reform movements may have been locked into silence. The reformers, while not being able to avert political problems, were able to bring reform into the public debate in the areas of race, gender, and class. It would appear that the antebellum reformers were a failure on race, but the results would come after this period. The Missouri Compromise, the Compromise of 1850 (and its subsequent overturning), and the Fugitive Slave Act were the product of this period that showed no promise for the race equality that reformers called for. Yet, the backlash against the movement and the hope that was contained in the reformers' message precipitated the Civil War and the end of slavery. According to Epps, the reform would go far beyond the mere releasing of slaves and would "...require far-reaching changes in the state-federal balance, the federal separation of powers, and the internal political systems of the individual Southern states" (180). This restructuring of the Union, though no yet realized in 1860, had gained momentum and was a successful reform movement. The movement towards reform also affected women's rights and by 1860 had formed coalitions that were working for the rights of women and minorities.

Economic Contribution of Women Essay Example for Free

Economic Contribution of Women Essay 1. Introduction This short paper aims to highlight the important role women have and can play in economic development. It addresses three questions: what is the evidence base to support investing in women? What are the current constraints on realising the full potential of women in the process of economic development? What are the priority areas of intervention necessary to unblock these constraints? It is focussed on women and on economic development, rather than on the wider issue of gender and development. However, before looking at the evidence base, constraints, and interventions, it will provide a brief context of the evolution of thinking around women and development.1 1. The Evolution of ‘Women in Development’ to ‘Gender and Development’ In the  1970s, research on African farmers noted that, far from being gender neutral, development was gender blind and could harm women. Out of this realization emerged the Women in Development (WID) approach, which constructed the problem of development as being women’s exclusion from a benign process. Women’s subordination was seen as having its roots in their exclusion from the market sphere and their limited access to, and control, over resources. The key was then to place women ‘in’ development by legislatively trying to limit discrimination and by promoting their involvement in education and employment. The WID approach led to resources being targeted at women and made particularly women’s significant productive or income generating contribution, more visible. Their reproductive 1 This paper has been prepared with inputs from the membership of the SDSN Thematic Group on the â€Å"Challenges of Social Inclusion: Gender, Inequalities and Human Rights†, including: Kwadwo Appiagyei-Atua (University of Ghana, Legon), Jan Egeland (Human Rights Watch), Todd Minerson (White Ribbon Campaign), Richard Morgan (UNICEF), Sanam Naraghi-Anderlin (International Civil Society Action Network), Elisabeth Prà ¼gl (Graduate Institute of International and Development Studies), Magdalena Sepà ºlveda Carmona (UN Special Rapporteur on extreme poverty and human rights), and Valmaine Toki (UN Permanent Forum on Indigenous Issues). contribution was less well emphasised. While WID advocated for greater gender equality, it did not tackle the real structural problem: the unequal gender roles and relations that are at the basis of gender subordination and women’s exclusion. This approach also focussed on what have been termed practical gender needs, such as providing better access to water, which would reduce the amount of time women and girls must spend in domestic activities and thus allow them more time for education or employment. There was no questioning why collecting water has been constructed as a female responsibility, or why improved access to water is a need of women and girls only. In the 1980s, the Gender and Development (GAD) approach arose out of the critique of WID. GAD recognised that gender roles and relations are key to improving women’s lives, with the term ‘gender’ suggesting that a focus on both women and men is needed. More recently, the need to understand how gender intersects with other characteristics such as age, ethnicity and sexuality has been noted. The GAD approach recognises that it is not sufficient to add women and girls into existing processes of development but there is also a need to problematise why they are excluded, advocating that the focus should be on addressing the imbalances of power at the basis of that exclusion. GAD also questions the notion of ‘development’ and its benign nature, implying a need to shift from a narrow understanding of development as economic growth, to a more social or human centred development. GAD projects are more holistic and seek to address women’s strategic gender interests by seeking the elimination of institutionalised forms of discrimination for instance around land rights, or ensuring the right of women and girls to live free from violence, for example (Molyneux 1985; Moser 1989). The 1990s witnessed the ‘rise of rights’ as many NGOs and agencies adopted a rights-based approach to development. Rights increase the recognition that women’s demands are 3 legitimate claims. The most notable success for the women’s movement has perhaps been the establishment of sexual and reproductive rights as such. Within this has been recognition of women’s right to live free from violence, and a broadening of understanding of violence against women from ‘domestic’ to ‘gender based’. There was also a shift in understanding development as meaning economic development to a more holistic social development focus, yet economic growth remains the main driver. For the majority of large development organisations and agencies, the WID approach has now largely been replaced by GAD, which has been institutionalised within the notion of gender mainstreaming. Mainstreaming  involves ensuring that a gendered perspective is central to all activities, including planning, implementation and monitoring of all programmes, projects, and legislation. While critiqued if undertaken merely as a ‘tick box’ exercise, gender mainstreaming offers a potential for placing gender at the heart of development. However, women’s ‘rights’, particularly sexual and reproductive health rights, are not universally accepted as rights, and violence against women remains prevalent across the globe, and women still lack full and equal participation in economic and political life. Mainstreaming has yet to succeed and there is a need for a continued prioritisation of integrating women into development. 2. Evidence on the Importance of Women to Economic Development The most influential evidence on the importance of women to economic development has come from research used to support the World Bank’s ‘Gender Mainstreaming Strategy’ launched in 2001 (Dollar and Gatti 1999; Klasen 1999). This research highlighted that societies that discriminate by gender tend to experience less rapid economic growth and poverty reduction than societies that treat males and females more 4 equally, and that social gender disparities produce economically inefficient outcomes (World Bank 2001a). For example, it is shown that if African countries had closed the gender gap in schooling between 1960 and 1992 as quickly as East Asia did, this would have produced close to a doubling of per capita income growth in the region (WBGDG 2003). The primary pathways through which gender systems affect growth are by influencing the productivity of labour and the allocative efficiency of the economy (World Bank 2002). In terms of productivity, for example, if the access of women farmers to productive inputs and human capital were on a par with men’s access, total agricultural output could increase by an estimated 6 to 20 percent (World Bank 2001b). In terms of allocative efficiency, while increases in household income are generally associated with reduced child mortality risks, the marginal impact is almost 20 times as large if the income is in the hands of the mother rather than the father (WBGDG 2003). Identification of women as being a reliable, productive and cheap labour force makes them the preferred workforce for textiles and electronic transnational corporations. Perception of women as ‘good with money,’ including being better at paying back loans, has led them to be targeted in microfinance programmes. Recognition of women as more efficient distributors of goods and services within the household has led to them being targeted with resources aimed at alleviating poverty, such as cash transfer programmes. The above shows how the justification for including women in development in economic growth has been an efficiency argument, with equity concerns being 5  somewhat secondary. Critics suggest this instrumentalist approach to engendering development, while bringing economic growth gains, will not fundamentally change the position and situation of women. It is important to note that while gender equality will help bring economic growth, economic growth will not necessarily bring gender equality. Advancing gender equality requires strengthening different dimensions of women’s autonomy: economic and political autonomy, full citizenship and freedom from all forms of violence, and sexual and reproductive autonomy (Alpà ­zar Durà ¡n 2010). 3. Constraints on Realising the Full Potential of Women in the Process of Economic Development Investment in the human capital, health and education, of women and girls is presented as a key way forward as witnessed by the MDGs. The logic is that ‘educated, healthy women are more able to engage in productive activities, find formal sector employment, earn higher incomes and enjoy greater returns to schooling than are uneducated women†¦Ã¢â‚¬â„¢ (WBGDG 2003: 6). Educated women are more likely to invest in the education of their own children, and they are also more likely to have fewer children. Thus investment in human capital has positive short and longer term/inter-generational outcomes and is good for both productivity gains and limiting unsustainable population growth. However, attention has narrowly focussed on ensuring the equal access of girls to primary education. Inequality of access to secondary and higher education persists, as does the limited engagement of girls in the study of science and technology, limiting  the future life and employment options of adolescent girls. Willingness to school, feed, and provide healthcare to girls is far more strongly determined by income and the costs of providing these services than is the case for boys. Sen’s ‘100 million missing women’ is testimony to how girls are discriminated against in terms of the allocation of household resources to the point that it creates a gender imbalance in some societies and countries. Families are often unwilling to invest in the education of girls if this investment is not perceived as bringing them direct economic gains girls are valued only as wives and mothers, and/or marriage transfers any potential future gains from this investment to another family. As 1 in 7 girls marries before the age of 18 in the developing world (UNFPA 2012), early and forced marriage remains a key issue and an important factor limiting young women’s engagement in both education and economic activities. Justice institutions, from the police to the courts, continue to deny women’s right to justice. Women and girls remain unable to access justice, given that in many countries there are still laws that discriminate against women in relation to the family, property, citizenship and employment. Justice systems also do not meet the needs of specific groups of women, such as indigenous women who are discriminated against and face violence in the public and private spheres based on both gender and race (UNPFII 2013). Cultural factors limit women’s rights and engagement in the workplace. Religion still has a key role to play in determining gender norms in many cultures and fundamentalist views across the spectrum of religions threaten or deny women’s rights, including rights related to sex and sexualities, and to mobility and employment. Economic fundamentalism, policies and practices that privilege profits over people, also deny women their rights as workers and to work. While political culture is important for bringing change, women continue to have a limited voice at the local and national levels, and women  are not able to fully participate in formal systems of power. In the majority of cultures unequal gender and generational relations exist within households with the male ‘head’ having a high level of control. A woman going out to work is often read by others as meaning the man is unable to provide for his family, making men reluctant and thus limiting women’s engagement in paid work through violence or the threat of violence. When women do engage in paid work, it can improve their voice in the home and ability to influence household decision-making. It can also lead to conflict in the home, especially if women earn more than men, or women’s employment coincides with men’s under or unemployment. In the last decades, a ‘crisis in masculinity’ has been recognised, relating to the changes in men’s roles and positions through processes of globalisation, suggesting a need to focus attention on men if these changes are to bring transformative progress towards greater equality, rather than further harm women. Women continue to suffer limited mobility and, in some cultures, women are not able to leave the home if not accompanied by a man, effectively negating any type of paid employment. Even when women are allowed to leave, they may face verbal, sexual and physical abuse from unknown males for being in the street and face gossip and stigma within their own communities. The growing levels and extremes of violence against women have been captured in the notion of femicide – the killing of women by men just for being women, including ‘honour killings.’ In Mexico for example, the term femicide has been used to describe female factory workers being killed for going against gender norms and engaging in paid work outside the home. One in three women across the globe will experience violence at some stage in her lifetime. Violence against women and girls, or the threat of violence, be it physical, sexual or emotional, both in the private and public spheres, at the hands of known and unknown men, 8 remains a key limiting factor to women’s mobility and engagement in  processes of development. Women who work at home have limited opportunities. While women are very engaged in agriculture, this is generally subsistence rather than cash crops. It is estimated that women own only 1% of property and lack of rights to inherit or own land, which severely limits women’s engagement in larger scale cash crop production. Even when women can inherit land, the need for male protection or labour may mean they will give the land to male relatives. Lack of land ownership may also stop them participating in schemes to improve agricultural output, while lack of wider assets disallows them from accessing loans. Given their lower asset base, women farmers may be most affected by climate change, and while having knowledge of how to adapt, they may be least able to adopt appropriate adaptation strategies. World Bank research has highlighted how the poor are less likely to engage in higher riskreturn activities and the result is that the return on their assets is 25-50% lower than for wealthier households (Holzmann and Jà ¸rgensen 2000). While not a gendered analysis, women’s relative poverty, lack of assets, and lack of experience might mean they are particularly risk averse keeping them from higher return economic initiatives. However, women have been shown to use micro-finance effectively to develop small enterprises and are recognised as good at paying back loans. When women are in paid employment, they are more likely to be engaged in part time rather than full time work, in the informal rather than the formal sector, and across the globe women earn less than men for comparable work. 9 During the recent financial crisis, measures to protect ‘the poor’ through employment programmes have not considered the gendered dimensions of crisis, yet women may have been more severely affected than men and in more diverse ways. Economic and financial crises cannot be seen in isolation from food, fuel, water, environment, human rights, and care crises (AWID 2012). Women face particular risks during disaster, which climate change may increase, and during conflict. In particular, the risk of physical and sexual violence increases. Agencies not only fail to protect women and girls, but their  reproductive and particularly their productive needs are often overlooked in crisis response and peacebuilding. While remunerated work is important for women, it is important to remember that women still undertake the bulk of unpaid work in the home, household plot, or family business. They have the primary responsibility for caring for children and older people as well responsibility for undertaking activities such as collection of water or firewood. Women play the key role in the ‘care economy’, which not only provides care to the young, old and the sick, but also is vital for ensuring a productive workforce. As this work is not remunerated, it is undervalued and lies outside general conceptualisations of the economy. Women engaged in paid work often face a double work day, since they may only be ‘allowed’ to work as long as their domestic duties are still fulfilled. This means women are time poor and the time burden may impact on their health and wellbeing. To alleviate this burden and free women to enter paid work, daughters may be taken out of school to cover the domestic work, with related negative impacts on their education and ability to seek remunerated work in the future. Women’s continued inability to control their own fertility means that childbirth limits their ability to engage in productive activities. Even when reproductive health services are 10 provided, this is not enough to ensure women’s ability to access them. Men may see the decision over if and when to have children to be their decision, and large numbers of children may be read as a sign of male fertility and power, which becomes more important when masculinity is threatened. In many cultures, discussion of sexualities remains taboo, denying access and rights to those who do not conform to the heterosexual ‘norm’. The sexual and reproductive rights of adolescent girls in particular may be overlooked and they may be denied access to reproductive health services if they are unmarried. Research establishes a link between education and women’s ability to control their fertility. Studies also show that paid work can promote greater understanding of sexual and reproductive rights among women. Women’s socially constructed altruistic behaviour means that economic resources that enter the household via women are more likely to be spent on household and children’s needs. Female-headed households may not be the ‘poorest of the poor’ as popularly constructed, since women who live with men may suffer ‘secondary poverty’ the household overall is not poor but, as the man withholds income for personal consumption, women and children within the household are poor (Chant 2006). When women earn, men may withhold even more of their income, leaving women and children with access to the same level of resources but improving the position of women through greater control of those resources. This ‘irresponsibility’ of men has meant women have been targeted within poverty reduction and social policy initiatives. While the targeting of women with resources is welcome, the associated â€Å"feminisation of obligation and responsibility† (Chant 2008) for delivering policy outcomes may not only marginalise men but add further to women’s existing triple burden of reproductive, productive, and community management work. It may privilege their reproductive over their productive role and reinforce women as mothers rather than workers. Care needs to be taken to ensure that programmes serve women’s needs and women are not merely placed at the service of these policy agendas (Molyneux 2007). It is important to remember that policies to promote economic development that include women but do not tackle the structural inequalities at the basis of their exclusion may bring growth gains, but will not necessarily bring gender equality gains. 4. Priority Areas of Intervention Necessary to Unblock these Constraints Women’s groups and movements across the globe continue to promote as fundamental the need to respect and defend women’s sexual and reproductive health rights. Women’s groups and movements also continue to be fundamental to promoting these rights, but many find themselves under threat for this focus. Sexual and reproductive rights are critical for social and economic development. Without these rights, women and adolescent girls cannot make decisions around fertility, repeated childbirth keeps them from income generating activities and reduces productivity, and early and forced marriage keeps young women from education and employment. Sexual, emotional and physical violence and the threat of violence limits women’s mobility, confines women to the home, and keeps them from engaging fully in processes of social and economic development. Men and boys can have a role to play in the prevention of genderbased violence and the promotion of gender equality. Threats to women’s rights exist on many levels, including those posed by culture, religion, and tradition, as well as processes of globalisation and economic change. A right gained is not a right maintained unless there is constant monitoring of rights. There is a need to strengthen women’s access to both formal and informal justice systems, and ensure these are responsive to advancing all women’s equal rights, opportunity, and participation. Improving women’s political voice is also crucial here. Women’s responsibility for unpaid domestic work makes them time poor as well as more economically dependent on men, yet is vital for ensuring a healthy and productive workforce. While investment in infrastructure such as water, sanitation and electricity is important to ease the time burden associated with these tasks, it does not change how unpaid work and the care economy is conceptualised and valued. Financial, environmental, and health crises intensify the need for care services with the care burden falling disproportionately on women and girls. Policies to provide affordable, quality child care and adequate healthcare services would not only free women to enter paid employment, but also help change care work from being understood as a ‘domestic’ responsibility to a collective responsibility. This change in how care work is conceptualised and valued should be a longer-term goal. In the short term, there is a need to create full, decent productive employment opportunities for women and access to finance, as well as continue to provide social protection, and more importantly promote and value women as ‘good with money’. Key for economic growth is the promotion of women’s economic rights which entails promoting a range of women’s rights: their sexual and reproductive rights and rights to education, to mobility, to voice, to ownership, and to live free from violence. References Alpà ­zar Durà ¡n, L. Keynote speech at High-Level Roundtable â€Å"The implementation of the Beijing Declaration and Platform for Action, the outcomes of the 23rd special session of the General Assembly and its contribution to shaping a gender perspective towards the full realization of the MDGs. 54th session of the UN Commission on the Status of Women, United Nations Headquarters NY, March 2010. AWID. Getting at the Roots: Re-integrating human rights and gender equality in the post2015 development agenda. Association for Women’s Rights in Development, October 2012. Chant, S. Re-thinking the feminization of poverty in relation to aggregate gender indices, Journal of Human Development (7 (2), p.201-220), 2006. Chant, S. The â€Å"feminisation of poverty† and the â€Å"feminisation† of anti-poverty programmes: Room for revision? Journal of Development Studies (44 (2), p.165–197), 2008. Dollar, D and Gatti, R. Gender Inequality, Income, and Growth: Are Good Times Good for Women? Gender and Development Working Papers, No. 1, May 1999. Holzmann, R. and S. Jà ¸rgensen. Social Risk Management: A new conceptual framework for social protection and beyond, Social Protection Discussion Paper Series 0006, Social Protection Unit, Human Development Network, The World Bank, February 2000. Klasen, S. Does Gender Inequality Reduce Growth and Development? Evidence from CrossCountry Regressions, Gender and Development Working Papers No. 7, November 1999. Molyneux, M. Two cheers for conditional cash transfers, IDS Bulletin (38 (3), p.69–75), 2007. Molyneux, M. Mobilization without emancipation? Womens interests, the state, and revolution in Nicaragua, Feminist Studies (11 (2), p.227–254), 1985 Moser, C. Gender planning in the Third World: Meeting  practical and strategic gender needs, World Development (17 (11), p.1799–1825), 1989. Sen, A. More than 100 million women are missing, New York Review of Books (37 (20), 1990. UNFPA, From Childhood to Womanhood: Meeting the Sexual and Reproductive Health Needs of Adolescent Girls. Fact Sheet: Adolescent Girls’ Sexual and Reproductive Health Needs, 2012. UNPFII. Study on the extent of violence against women and girls in terms of article 22(2) of the United Nations Declaration on the Rights of Indigenous Issues (E/C.19/2013/9), 2013. WBGDG. Gender Equality and the Millennium Development Goals, World Bank Gender and Development Group, April 2003. World Bank. Social Protection Strategy: From Safety Net to Springboard, Washington DC: World Bank, 2001a. . Engendering Development Through Gender Equality in Rights, Resources, and Voice, New York: Oxford University Press, 2001b . Integrating Gender into the World Bank’s Work: A Strategy for Action. Washington DC: World Bank, 2002. 15

Race And Beauty in Toni Morrisons Novel The Bluest Eye Essay examples

Throughout Toni Morrison's novel The Bluest Eye, she captures, with vivid insight, the plight of a young African American girl and what she would be subjected to in a media contrived society that places its ideal of beauty on the e quintessential blue-eyed, blonde woman. The idea of what is beautiful has been stereotyped in the mass media since the beginning and creates a mental and emotional damage to self and soul. This oppression to the soul creates a socio-economic displacement causing a cycle of dysfunction and abuses. Morrison takes us through the agonizing story of just such a young girl, Pecola Breedlove, and her aching desire to have what is considered beautiful - blue eyes. Racial stereotypes of beauty contrived and nourished by the mass media contribute to the status at which young African American girls find themselves early on and throughout their lives. While the ideal of beauty is mass marketed the damage it does to society is devastating. By idealizing and pronouncing only one absolute standard of the "blonde and blue-eyed" as beautiful and good, it fosters the opposite and negative belief that young black girls would be defined as the opposite. For a young girl internalizing this it would be defined as the opposite. For a young girl internalizing this it would certainly develop a negative sense of self and worth. With black skin and brown eyes the young girl would find herself in a world where she could never find acceptance as someone physically beautiful and special. This stigma produces a feeling of absolute subservience and lesser purpose and worth creating a mindset of needlessness. A young African American girl would begin to feel invisible in these isolating conditions and create a world where esteem was non-existent. As noted by Gurleen Grewal: As Pecola demonstrates, this socially mandated charade of being something she is not (middle-class white girl) and of not being something one is (working-class black girl) makes one invisible, while the split mentality it entails approaches insanity (26). This belief that one is not worthy of a stereotype is completely devastating to the soul and eventual quality of life. The creation and belief in the mind of such a negative self-concept would produce a shame and anger oppressing the spirit of its true purpose by yieldi... ...era of an absent Shirley Temple contribute to Pecola's loss of insanity†¦" (22). The constant feeding of the media-contrived standard of beauty contributes heavily to the feelings of self a young black girl feels in society and these racial stereotypes nourished by the mass media creates a status at which young African American girls find themselves early on and throughout their lives. Works Cited Grewal, Gurleen. Circles of Sorrow, Lines of Struggle - The Novels of Toni Morrison. Baton Rouge: Louisiana State Press, 1998. Harris, Trudier. Fiction and Folklore: The Novels of Toni Morrison. New York: Chelsea House Publishers, 1990. Matus, Jill. Toni Morrison. Manchester: Manchester University Press, 1998. Mbalia, Dorothea Drummond. Toni Morrison's Developing Class Conscious. London: Associated University Presses, 1991. Miner, Madonne M. "Lady No Longer Sings the Blues: Rape, Madness, and Silence in The Bluest Eye" Toni Morrison. Ed. Harold Bloom. Chelsea House Publishers: New York, 1990. 85-99. Morrison, Toni. The Bluest Eye. New York: Hold, Rinehart and Winston, 1970. Rigney, Barbara Hill. The Voices of Toni Morrison. Columbis: Ohio State Press, 1991.

Civil Procedure Outline

Civil Procedure Outline I. Personal Jx- in what states can the ? sue the ?. a. In personam- pwr over the person. General jx- the ? can be sued in that state for a claim that arose anywhere in the world. Specific jx- the ? is being sued for a claim that arose from their actions w/in the forum. i. Constitutional Limits- Due Process Circle 1. Pennoyer v. Neff- Traditional basis for in personam 1. The ? is served with process in the forum- presence- general jx 2. Service on the ? agent in the forum 3. The ? is domiciled in the forum- general jx 4. The ? consents to jx 2. Hess v Pelosky- expanded the traditional basis for in personam jx 1.The ? wanted to sue the ? for causing an accident in the state, but under the traditional way couldn’t serve process bc the ? had left the state. That state court was able to uphold jx through the nonresident motorist statute- if you drive in our state; you are consenting to in personam jx and appointing a state official as your agent for service. Always specific jx. 3. International Shoe v. Washington 1. There is jx if the ? has such minimum contacts with the forum so that jx, does not offend traditional notions, fair play and social justice. i. You can serve process outside the forum by this time, as long as you meet the Shoe Test ii.There are 2 parts contact and fairness iii. Doesn’t overrule Pennoyer, test if ? is not present when served 4. McGee 1. The TX company solicited the business in CA 2. CA had an interest in providing justice for its residents. 5. Hansen 1. Under Internaitonl shoe the contact btwn the ? and the forum must result from the ? ’s purposeful availment. The ? must reach out to the forum. 2. No jx in FL over a DE bank, the bank only serviced a client in the forum, didn’t reach out. 6. World Wide Volkswagen- 1. NY family buys car in NY to move to AZ, in car accident in OK sue in OK for a car defect, sue 2 NY ? n OK, no jx 2. No purposeful availment by the ?. 3. It must be foreseeabl e that the ? could get sued in that state, not that your product could get to the state. 7. Burger King- MI residents owned a franchise in FL; got sued there and the ? argued that it was unfair to allow suit in FL 1. Court makes it clear that there are 2 parts under International Shoe: contact and fairness. 2. Contact is assessed first, it no relevant contact then it could be fair to sue there but still no jx. 3. The ? had reached into FL for a franchise so contact met, the ? said it was unfair and the Court said tough you can travel i.Court said that you have to show that you are at such a great disadvantage that it would be unfair to litigate there ii. Tough to prove bc wealth of the parties is irrelevant. 8. Asahi Metal v. Superior Court NO LAW 4-4 split – stream of commerce case. 1. Brennan theory -it is a contact if I put the product in the stream of commerce and I reasonably anticipate it could end up in states c, d, e 2. O’Connor theory- need the Brennan theory plus an intent to serve states c, d, e 9. McIntyre- stream of commerce NO LAW- split 3 ways- English company only reaches out to Ohio; the Ohio Company then sells everywhere.Individual hurt in Jersey and sues the English company there, Supreme Court no jx, Majority agreed on no jx 1. 4 justices adopt O’Conner theory- found no intent 2. Bryer and another –don’t take sides, agrees with both tests just doesn’t see enough facts 3. Ginsburg- dissent- would have found jx, she said if you target the US, then you can be sued in any state where your product does harm 10. Burnham- Jersey ? sued in CA, the ? is present in CA when served with process. Sued on general jx. The question raised is whether traditional service is good by itself or do you need to go through the International Shoe test as well.Split 4-4 1. Scalia theory- that presence when served is ok by itself. Traditional basis is an alternative to International Shoe test. 2. Brennan theory- always apply International Shoe test, it has replaced the traditional basis. 11. Goodyear- when is there general jx. 1. Prior to Goodyear, Court said that there was general jx provided that the ? had continuous and systematic contact with the forum. 2. Goodyear -not enough, now need this, and also the forum must be a place where the ? is essentially at home i. For ppl- domicile ii. For business- state of incorporation and principle place of business 3.This cannot be based simply on buying and selling in the state. ii. Steps for analysis 1. Constitutional Analysis- does a traditional basis apply- it may be enough, then mention the split that International Shoe always applies 2. The Shoe Analysis 1. Must be relevant contact with the forum i. Purposeful availment on the part of the ?. ii. Foreseeable that you could get sued there, not that your product gets there. 2. Specific or General Jx -relatedness- does this claim arise from the ? contact with the forum. i. If yes, then you can sue for specifi c jx. ii. If no, then you can only sue for general jx. 3. fairness factors- it’s up to the ? to show that it is a burden 1. inconvenience for the ? 2. forum state’s interest 3.? interest 4. interest in efficiency 5. shared substantive policy iii. Statutes- every state has statutes for residents for service and notice. 1. Every state has statutes for traditional service- domicile. 2. For non-residents 1. Nonresident Motorist Statute- specific jx- had to stem from a car accident 2. Long Arm Statute- go after nonresidents, specific jx, i. CA- we have jx to the fullest extent of Constitution. ii. Laundry List- transacting business, commits a tortuous act in the forum. I. e. : ? akes a widget in State A and sells widget to ? in State B and ? is injured, did tort occur in state b- courts are split. b. In Rem- pwr of the court over a ? property w/in jx- the fight btwn ? and ? is about the property, the fight is whose land is it i. Attachment statutes- court can attach propert y that ? owns or claims to own ii. Constitution- Shaffer v Heitner- held that seizing property at the outset of the suit is not enough. Additionally, the ? must meet the International Shoe standards. c. Quasi In Rem- pwr of the court over a ? w/in the jx-the suit at hand has nothing to do with property ownership. i. Pennoyer v.Neff- dealt with the underlying case btwn Mitchell and Neff- breach of contract. Court held that it is fine to use property but the property had to be attached at the time of filing the suit. ii. Attachment statutes and Constitutional Tests are the same for quasi in rem. II. Notice- has to be given to the ? and she has to have a chance to be heard a. Service of Process- FRCP Rule 4- process- consist of the summons and a copy of the complaint i. Summons content- Rule 4 a 1 ii. Service can be made by any non party who is at least age 18-Rule 4 c 2 iii. How to serve an individual- Rule 4 e 2- 3 ways 1. Personal service- can be done anywhere . Substituted service- must be done at ? dwelling or usual abode, and must serve someone of suitable and discretion WHO RESIDES THERE! 3. Serve the ? agent iv. Also look to Rule 4 e 1- allows methods of state law where either the federal court sits or the state laws in the state where process is served v. Serving a Business- Rule 4 h 1- you can serve an officer, or a managing or general agent. Rule 4 e 1 also applies vi. Waiver of Service- Rule 4 d- waiving process by mail. If form not mailed back, have to do it the normal way, but the ? will have to pay for the service of process b. Constitutional Element- if you become aware that the ? idn’t receive service, you might have to try another way. III. Subject Matter Jx a. Diversity of Citizenship i. 28 US  §1332 a 1- 2 Requirements for Diversity 1. Case is between citizens of different states 2. Amount in controversy exceeds $75,000 1. Citizens of different states i. Complete diversity rule- there is not diversity if any ? is a citizen of the same state as any ?. ii. A US citizen is a citizen of the US state in which you are domiciled. YOU ONLY HAVE ONE DOMICILE 1. Physical presence 2. Form the intent to make it your permanent home 3. Citizenship of a Corporation 28 US  §1332 i. State of incorporation AND i. Where the principle place of business 1. Hertz case- the principle place is where the managers direct, control, and coordinate the business activities- Nerve Center (usually headquarters) 4. Non incorporated business 1. Look at citizenship of all the partners/members ii. Amount in controversy 1. Must exceed $75,000 2. Aggregation- adding multiple claims to reach the required amount. We aggregate claims if there is one ? and one ?. Cannot aggregate if there are multiple ? and multiple ?. 3. If there are joint claims, use the total amount of the claim. Here the number of parties is irrelevant. b. Federal Question i. 8 US  §1331- we need a question that arises under federal law ii. Well pleaded complaint rule 1. Look on ly that the compliant. 2. Focus on the claim itself 3. Is the ? enforcing a federal right, is so meets the well pleaded complaint rule. 4. RR v Mottley- Court held that the Mottley’s weren’t enforcing a right under the federal law and not a federal question. c. Supplemental Jurisdiction i. 28 US  §1367- gets non-federal question, non-diversity claim into federal court ii. Mine Workers v Gibbs-labor disputes in mines- ? sued the ? on a federal claim and a state claim that arose from the same transaction or occurrence.Supplemental jx is ok if claim 1 and claim 2 shares a common nucleus of operative fact, then both claims can come in. Gibbs test- same overall dispute. Gibbs is always met if the 2 claims arise from the same transaction or occurrence 1. Does  §1367 a grant jx? Yes if it meets Gibbs 2. Does  §1367 b take jx away? ONLY APPLIES IN DIVERSITY CASES and only takes away jx over claims by the ? , not the ?. d. Removal - §1441,  §1446,  §1447 i. Allows a ? sued in state court to have a case removed from state court to federal court. If the case doesn’t belong there, then the federal court will remand it back to the state court. i. General rule it is removable if there is federal subject matter jx 1. EXCEPTION- you cannot remove a diversity case if any ? is a citizen of the forum, in state ? rule. Only applies in diversity, not federal question. 2. All ? must agree to the removal 3. You must remove w/in 30 days of service of the document that first makes the case removable. Usually, 30 days of service of process, from service, not from filing. 4. You can remove only to the federal district court that embraces that states courts (I. e. – if filed in St Louis, then you can only remove to Eastern Dist. of Missouri) IV. Venue .  §1391 a- diversity and b- federal question- same for both diversity and federal question i. Lay venue in any district where all ? reside. 1. If all ? reside in the same state but different distri cts, you can lay venue where any of them reside. 2. Reside- for ppl- domicile- same as citizenship. For businesses-  §1391 c (applies to all businesses)- business resides in all district where it is subject to personal jx when the case is filed. ii. Lay venue in any district where a substantial part of the claim arose b. Transfer of Venue- moving from one court to another in the same judicial system.The original federal court- transferor. The court to which we send it is the transferee.  § 1404 and  §1406- IN BOTH STATUTES THE TRANSFEREE MUST BE A PROPER VENUE AND HAVE PERSONAL JX OVER THE ? W/O WAIVER BY THE ?. i.  §1404- Convenience for parties and witnesses and in the interest of justice 1. Public and Private Factors- footnote 6 of Piper case ii.  §1406 a- The transferor is an improper venue- you can dismiss or transfer the case in the interest c. Forum non convenient- a court dismisses bc there is another court that makes more sense for the case to be tried. You dismis s bc transfer is impossible.The proper court is in a different judicial system. Usually applies in cases where the proper court would be a foreign court. i. Piper Case- case dismissed in the US fed court by of forum non convenient- should have been filed in Scotland 1. Reasons to dismiss- footnote 6 of Piper case. Common sense. V. Erie Doctrine a. In federal court in a diversity case- an issue is to be decided, the judge must decide if she must apply state law. i. Erie- In a diversity case, the judge must apply state law for substantive state law. Erie decides this- Rules of Decision Act  §1652 and the US Constitution- 10th Amendment. . Element of a claim is always substantive law ii. Hannah v. Plumer- shows that Erie Doctrine is 2 doctrines: 1. Is there a federal law on point that directly conflicts with state law, Ie: FRCP, statutes, Rules of Evidence. , If there is yes, we apply the federal law as long as it is valid (based upon the Supremacy Clause of the Constitution. ) 1. Te st validity under the Rules Enabling Act  §2072- Shady Grove-4 justices said that all you have to show that the rule is arguably procedural; Stevenson- said you have to look and see if the rule intrudes into state policy.A FRCP has ever been invalidated. 2. If there is no federal law, Erie Prong- Rules of Decision act and Constitution- if substance, must follow state law. iii. Three tests for is it substantive law 1. Outcome Determinative- Guarantee Trust v. York- under state statute of limitations case was filed too late, case filed in federal court, judge wanted to ignore state on statute of limitations, court held no bc it is outcome determinative. If you apply the state law, case dismissed. If you apply federal rules, the case goes forward. Bc there are different outcomes, it is substantive. 2.Balance the interest- Byrd v Blueridge- state law said a specific issue is decided by a judge, not jury. Filed in federal court, judge wanted to let it go to the jury. Not clearly outcom e determinative, but court said if something is not clearly substantive, follow state law, unless the federal court has an interest in doing it differently. Weigh the interests of the 2 systems. In this case there was no reason for this rule, so the federal interest outweighed the state interest in this case. 3. Twin aims of Erie- comes from Hanna 1. Avoid forum shopping 2. Avoid inequitable administration of law. i.To apply this, ask at the beginning of the case, if the federal judge ignores this state law, will it cause parties to flock to federal court. We don’t want this bc it provides an advantage to diversity cases. VI. Pleadings a. Complaint- pleading filed by ?. Rule 8 a i. Statement of subject matter jx ii. Short and plain statement of the claim iii. Demand for relief 1. Historically- notice pleading. Put enough in there to put the others side on notice. 1. Twombly and Iqbal- interpretation of Rule 8 a 2 i. The court will ignore conclusions of law ii. The ? must plea d facts supporting a plausible claim iii.Court will use its own experience and common sense to decide what is plausible- Subjective 2. You must give more facts/plead detail for fraud, special damages b. The ? response- Rule 12 i. The ? must respond w/in 21 days ii.? can respond by answer or motion 1. Rule 12 e- motion for a more definite statement 2. Rule 12 f- motion to strike from a pleading iii. Rule 12 b Defenses- 7 defenses- motions to dismiss, can be made by motion or by answer 1. Subject matter jx 2. Personal jx 3. Improper venue 4. Insufficient process- document px 5. Improper service of process- px with service 6. Failure to state a claim . Failure to join a party under Rule 19 (indispensable party) iv. Rule 12 g and h- strict things about waiver 1. Defenses Rule 12 b 2-5 must be put in the first Rule 12 response (motion or answer- which ever you do first) if you don’t put them in, then they are waived 2. Rule 12 b 6 and 7 can be raised for the first time any time th rough trial (not on appeal) 3. Rule 12 b 1 can be raised at any time (any time even on appeal) v. Answer must include 1. Must respond to the complaint 1. Rule 8 b 2. Failure to deny- is an admission, exception for damages 2. Must raise affirmative defenses Rule 8 c . Raises a new fact, and if ? is right they win 2. Must plead them or risk waiver of them VII. Joinder a. Determined the scope of the litigation. First find the Joinder rule then look for subject matter jx i. Claims of joinder Rule 18 a- you can put in any claims you want b. Claim Joinder by the ? i. Counterclaim- Rule 13 a and b- claim against an opposing party (against someone who sued you. 1. Rule 13 a- compulsory counterclaim- one that arises from the same transaction or occurrence. Must be claimed now or waived. Cannot be brought separately. Only compulsory counterclaim.Always meets  §1367 a and doesn’t get knocked about by  §1367 b bc b only applied to claims by ?. This is a counterclaim by a ?. 2. Rule 1 3 b-Permissive counterclaim- doesn’t arise from the same transaction or occurrence, can be brought now but doesn’t have to be. ii. Crossclaim- Rule 13 g- against a co-party 1. Always must arise from the same transaction or occurrence. Not compulsory, can be filed not or later. c. Proper Parties i. Rule 20 a- tool available to the ?. 1. Rule 20 a 1- can join together if claims arise from the same transaction or occurrence and raise at least one common question 2.Rule 20 a 2- which ? can the ? join. Same as above d. Necessary and indispensable parties i. Absentee party is necessary (party A) ii. Rule 19. Is A necessary? Rule 19 a 1- A is necessary if the meet any of the tests under 19 a 1 1. 19 a 1 A- w/o A the court cannot accord complete relief. 2. 19 a 1 B i- if A interest may be harmed if they are harmed. 3. 19 a 1 B ii- if A interest may subject ? to multiple or inconsistent obligations. Joint tortfeasers are not necessary to bring into a suit. iii. Is it feasible t o bring in party A 1. Will bringing in party A mess up diversity 2.Is there no personal jx over party A iv. If they are necessary and the party cannot be joined 1. Proceed w/o party A- run risk of harms 2. Dismiss the entire case- not fair to the ? 1. 19 b tells you what to consider- 4- we don’t dismiss unless the ? has another forum to receive relief in (i. e. maybe a court that has jx over all parties where the case could be refiled. ) i. Keep in mind, when the court decides to dismiss, then we label the absent party as indispensable and Rule 12 b 7 kicks in. e. Impleader- Rule 14- joining someone new- third party practice. The third party ? may be liable to the ? or the ? ’s claim i. e. -indemnity or contribution i. Can only be brought by the ?. This new party is third party ?. Rule 14 a 1 ii. Once the third party ? is brought in, the ? can assert a claim against the third party ? as long as the claim arises from the same transaction or occurrence. Rule 14 a 3 iii. The third party ? can assert a claim against the ? as long as it arises from the same transaction or occurrence. Rule 14 a 2 f. Intervention- Rule 24 the absentee party brings themselves into the case i. Must do so timely ii. Must choose what side to join (on the ? or ? ) iii. 2 types 1.Intervention of right Rule 24 a 2- you have a right to intervene if your interests may be harmed if you are not joined. 2. Permissive Intervention Rule 24 b 1- you can join at the court’s discretion if your claim has a common question with the underlying claim. g. Class Action- always brought by the representative- they sue on behalf of the ? class i. Meet the requirements of Rule 23 a 1. Numerocity- joinder of all parties would be impractical 2. There has to be a question in common with all claims 3. Representative parties claims are typical of the class 4. Representative parties will adequately protect the interest of the class ii.Types of Class Action 1. Rule 23 b 3- have to show common que stions predominate over individual questions. 2. The class action is the best way to settle the suit. iii. Motion to certify 1. Not a class action until the court certifies. If it does certify then it must define the class and appoint class council Rule 23 c iv. Notice of Pendency 1. IN THE RULE 23 b 3 CLASS THE COURT GIVES NOTICE TO ALL PPL IN THE CLASS. You have the right to opt out of the class or risk being bound by the result. This notice is paid for by the representative. 2. All parties of the class are bound unless they opted out of the class.You can only opt out of a B 3 class, not a B 1 or 2 v. Settlement of a certified class action 1. Must be approved by the court- they get feedback from members of the class action vi. Subject Matter Jx 1. Citizenship of the class action is determined by the representative party 2. Amount of controversy is the representative’s claim amount VIII. Discovery a. Required Disclosures- Rule 26 a 1 i. Must identify ppl anyone who has disco verable information that could be used on the merits during trial ii. Must identify documents, electronic info, or things that may be used iii. Rule 26 a 3- Pretrial disclosures . Discovery Tools i. Deposition Rule 30-oral deposition and 31- written deposition 1. You can depose a party or non party. To deposition a nonparty, you need to serve with subpoena bc they don’t have to show up. ii. Interrogatories Rule 33 1. Written answers under oath must respond to them in 30 days 2. Only go to parties iii. Request to produce Rule 34- asking to see stuff 1. Can be sent to parties and non parties. To get the nonparty you need a subpoena iv. Medical examination 1. Need a court order 1. Need to show that the condition is in controversy 2. Must show cause 2.Can only get a medical exam from a party or someone w/in that party’s control. (IE parent-child, but not employer-employee) v. Request for admission Rule 36 1. THESE CAN ONLY BE SENT TO PARTIES 2. Force you to admit or deny a ny discoverable matter (if you don’t deny- you admit) c. Scope of discovery i. You can discover anything that is relevant to a claim or a defense. You can discover anything that could reasonably lead admissible evidence ii. Privileged matter is not discoverable. Confidential communication in certain relationships iii. Work product- Rule 26 b 3- trial prep materials Hickman v Taylor 1.Material prepared in anticipation of litigation. Not discoverable. 2. Work product protection can be overcome if you can show: 1. Substantial need 2. Not otherwise available 3. Mental impressions, conclusions, opinions, and legal theories are never discoverable 4. DOES NOT HAVE TO BE GENERATED BY A LAWYER!!! Can be generated by a party themselves or a representative. IX. Pre Trial Adjudication a. Rule 12 b 6- Motion to dismiss for failure to state a claim i. Only looks at the complaint- determine if everything the ? said is true, would she win? If not, then no need to continue the matter for tria l. ii.Looks at complaint- complaint must show enough facts to support the claim. (IE all elements necessary for a tort, if one left out, grounds for 12 b 6). Courts usually allow pleadings to be amended b. Summary Judgment Rule 56 a- judge looks at facts/evidence i. Moving party must show 1. There is no genuine dispute on a material fact 2. She is entitled to judgment as a matter of law ii. This evidence is provided by parties to the judge. The information is written and given under oath. iii. The court takes the evidence and decides if there is a genuine dispute of material fact- if there is then there must be a trial to settle the dispute.X. Trial a. Right to Jury Trial- 7th amendment-Civil Cases i. Preserves the right to a jury in actions at law, not equity. ii. Depends on whether we would have had the right to a jury in England in 1791 1. Is this claim analogous to an action that was available in England in 1791 2. We focus on the remedy the ? is seeking 1. Remedy at law- damage s to compensate you for the harm suffered. Jury 2. Equity courts- No Jury i. Injunction ii. Specific performance iii. Rescission iv. Reformation 3. Historically, it was all or nothing for a jury, change in 1950. Now, we do it issue by issue.Every factual issue for legal relief- you get a jury, if the claim has both, you get a jury. Usually the jury issues are heard first. b. Motions- you don’t get to a jury until you present enough info to get to the jury i. Motion of Judgment as a matter of law- Directed verdict- Rule 50 a- if it is granted the case is taken from the jury and the judge decided 1. Rule 50 a 1- reasonable ppl could not disagree on the results, therefore the judge is going to rule. Must be done by motion. 2. Rule 50 a 2- cannot move for this until the other side has been heard at trial. ii.Renew motion for Judgment as a matter of law- Judgment notwithstanding the verdict- Rule 50 b- comes up after trial, after a return of the verdict by the jury. 1. If granted, the court is saying that the jury reached a conclusion that reasonable ppl could not have reached. 1. Must be moved for w/in 28 days after the judgment. 2. To make this motion, you have moved for this at the appropriate time at trial. If you didn’t, you waived the right to do this after trial. iii. Motion for New Trial 1. Timing the same as judgment notwithstanding the verdict, 28 days after entering the judgment. 2.Something went wrong in the first trial that affected the outcome and a redo is needed. No limit to the possibilities. 3. This can be granted w/o a motion. XI. Appeals a. The final judgment rule i. In federal court you cannot appeal until the trial court enters a final judgment on the merits of the entire case. 1. To determine if it is a final judgment- after making this order, does the trial court judge have anything left to do on the merits? 1. Interlocutory appeal- an appeal taken before final judgment is entered. b. Interlocutory Review i. Statutory 1.  §12 92 a- orders about injunctions 2. 1292 b-trial court and appellate court agree to review ii. FRCP 1. Rule 23 f- allows you to ask for an appeal following the certification of a class action class. 2. Rule 54 b- cases with multiple claims or parties, court may allow appeal iii. Collateral Order Rule- common law 1. Issue separate from the merits of the case. 2. Comes up in cases when the ? claims immunity from suit XII. Preclusion – always involves two cases a. Claim Preclusion/Res Judicata- you get one suit to vindicate a claim; you can only sue on a claim once. i. 3 elements for claim preclusion 1. Must show that both cases were brought by the same ? against the same ?. . Case one ended in a valid final judgment on the merits. 1. Rule 41 b- every judgment is a judgment on the merits unless it was based on jx, venue, joinder of parties. 3. Both cases are based on the same claim 1. Claim is the same transaction or occurrence- Majority View 2. Primary rights- you get a different claim for each right invaded- Minority View b. Issue Preclusion/ Collateral Estoppel – you only have to litigate issues in the 2nd trial that weren’t litigated in the first trial i. 5 elements 1. Case ended in a valid judgment on the merits 2. Have to show that same issue was litigated and decided in the first trial 3.Have to show that that issue was essential to the judgment in the first case. 4. Against whom is issue preclusion used. You can only you it against someone who was a party to the first trial. 5. By who is issue preclusion being used- Mutuality- issue preclusion can only be used if you were a party to the first trial. Most states have gone to allowing non-mutual issue preclusion- means it is being used by someone who is not a party to the first trial as long as there was the opportunity to fully litigate in the first trial. 1. Non-mutual defensive issue preclusion- being used by someone who was not a party to the first trial and she is the ? sing issue pr eclusion. 2. Non-mutual offensive issue preclusion- being used by someone who was not a party to the first trial and she is the ? using issue preclusion. Most courts say no to non-mutual offensive issue preclusion. In the federal courts it can be allowed if it is fair. Parklane Hosiery i. Did the party that issue preclusion is being used against have the chance to fully litigate the issue. ii. Foreseeable litigation iii. You could not have easily joined in the first trial. iv. No inconsistent judgments v. No new procedural options.