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.

What to Do If You Have a Bad College Professor

Perhaps the best way to kill the excitement of a new semester is realizing that one of your professors is not quite what you were hoping for. In fact, he or she might be downright bad. With so many other things to manage—not to mention a class to pass!—knowing what to do when you have a bad college professor can sometimes seem overwhelming. Luckily, even if youre totally stuck with Prof. How-Did-He-Get-This-Job, you still have some options for working around the situation. Switch Classes See if you still have time to switch classes. If you realize your situation early enough, you may have time to switch to another class or even postpone this class until a later semester (when a different professor takes it over). Check with the campus registrars office about the add/drop deadline and what other classes might be open. If you cant switch professors, see if you can just sit in on another lecture section. While this only works for large lecture classes, you might be able to attend a different professors lectures as long as you still go to your particular discussion sections/seminar. Many classes have the same daily reading and assignments, regardless of who the professor is. See if someone elses lecture or teaching style better matches with your own. Get Help Get help from other students. Chances are youre not alone in struggling with your professor. Check in with other students and see how you can help each other out: meetings after classes? study groups? sharing notes? helping to read each others papers or lab drafts?Get a tutor. Bad professors often can lead to bad grades. If you find yourself struggling, get a tutor as soon as possible. And dont be shy about it, either—would you feel worse asking for help now or possibly failing (and having to retake the class) again later? Check with a tutoring center, your residence hall staff, or any upper-class students about how to find a tutor as soon as possible. Drop the Class Remember that you have the option of dropping the class—by the deadline. Sometimes, no matter what you do, you cant make it work with a bad professor. If you need to drop the class, make sure you do so by the appropriate deadline. The last thing you need is a bad grade on your transcript on top of the bad experience. Speak With Someone If something serious is going on, speak to someone. There are bad professors that dont teach well, and then there are unfortunately bad professors who say offensive things in a classroom or who treat different kinds of students differently. If you think this is going on, talk to someone as soon as possible. Reach out to your adviser, your ​RA, other faculty members, the chair of the department, or even the ​dean or provost  to bring the situation to someones attention. Change Your Approach Take a moment to see how you can change your own approach to the situation. Are you stuck with a professor who you always disagree with? Turn those in-class debates into a well-researched argument paper for your next assignment. Do you think your professor has no idea what he or she is talking about? Show your mastery of the material by turning in a stellar lab report or ​research paper. Figuring out what you can do, no matter how minor, in dealing with a bad professor is a great way to at least feel like you have some control over the situation!