The Concerns of Internet Censorship Essays -- Censoring Internet Right

The Concerns of profit Censorship As a professional Internet newspaper and avid user of the Internet, I have become concerned with laws like the Communications Decency suffice of 1996 (CDA) that censor free speech on the Internet. By commendation the CDA, Congress has established a precedent which condones censoring regulations for the Internet similar to those that exist for traditional broadcast media. Treating the Internet like broadcast media is a chafe mistake because the Internet is unlike any information medium that has been created.My concerns about Internet censorship prompted me to write Internet Censorship is Absurd and Unconstitutional. In the analyse, I outline why I believe that the Internet should not be censored in any way for two reasons. First, any law advocating censorship of the Internet is too broad and unenforceable on this global information medium. Second, Internet censorship is a breach of First Amendment rights for those users residing in the United St ates. The essay will provide insight into why self regulation is the only viable solution to the problems that have and will be presented to the Internet.Should it be illegal to compose literature with indecent content on the Internet but perfectly legal to publish that same work in print? This motility has spawned the dig over Internet censorship, which is currently raging in the United States Congress as well as in other political forums around the world. The question as to whether the Internet should be censored will continue to be debated for many years to come. As with any political topic, the debate over Internet censorship has its extremes. Many proponents of Internet censorship want strict control over this new information medium. Proponents of Internet censorship such as Senator Jim coding DNA (D-NE), co-author of the Communications Decency Act (CDA), are in favor of putting strict laws into place regulating the Internet in order to protect children The Decency Act stand s for the premise that it is wrong to provide pornography to children on computers just as it is wrong to do it on a street corner or anywhere else (Exon). These proponents suggest creating laws for the Internet similar to those now in place for television and radio. Those strongly opposing Internet regulations, such as the Citizens Internet Empowerment conglutination (CIEC), assert that the Internet is not li... ...1997) n. pag. Online. Internet. 19 Mar. 1997. Available http//pathfinder.com/sAbDXgQAlb0upRm2/time/daily/1997/970319/970319-1.html. Time magazine report on the Supreme Court appeal of the CDA case. Net she-goat Software International. Untitled. n. pag. Online. Internet. 3 Jun. 1997. Available http//www.netnanny.com/. Home page for the Net Nanny Software company which describes the softwares purpose and appropriate usage. Plummer, James C. Decent information? Consumers Research Magazine Aug. 1996 33. An editorial on the CDA questioning its premise. Recreational Softwa re Advisory Council Web Site. Online. Internet. 3 Jun. 1997. Available http//www.rsac.org/. Web site for the RSACi rating constitution which explains the systems purpose and appropriate usage. Sirico, Robert A. Dont Censor the Internet. Forbes 29 July 1996 48. Editorial outlining concerns about governmental control of the Internet and alternatives. Whitmer, Clair. Man Gets 5 years for Online Child Porn. CNet, Inc. (23 Feb. 1996) n. pag. Online. Internet. http//www.news.com/News/Item/0,4,787,00.html. Report of a man sentenced for sending child pornography via the Internet.

Goodman’s Countering the Culture of Sex :: Rhetorical Analysis Pregnancy Essays

Goodmans Countering the Culture of switch on In this essay I entrust discuss the effectiveness of Goodmans Countering the Culture of Sex. I will argue Goodmans beliefs on sex and cautions she mentions through the text on underage/ unshielded sex, the experiences I have witnessed and been through and how that effects my beliefs, and suggest some things that could have made this argument more convincing to the intended audience. Countering the Culture of Sex convinces matchless to change his or her beliefs on pre-marital sex and unprotected sex because the arguments made are based upon fact and other opinions and realities. Goodman makes many effective points. She has evidence to ski binding up her opinions. Bringing in the bloody shame song Papa Dont Preach and relating it to real situations and how the music fecal matter be an influence to its listeners. Madonnas lyrics to the song, The one you warned me all about, the one you said I could do without, were in an awful m ess, and I dont mean maybe please, make you work out about the things that send away happen. Maybe one should listen to his or her parents, rather than think if Madonna can get through it, maybe I can too.The author is trying to convince people that young Americans are faced daily with sexual connotations, that its almost impossible to prevent teen-age pregnancies in our day. Sex is an always presented problem in the media, in music, and in personal relationships. Goodman blames the media for unplanned pregnancies happening in these relationships. There are so many go-for-sex hidden slogans honourable Do It the well known Nike slogan. Goodman brings up Papa Dont Preach, a song by Madonna in the 80s which is a paean to teen-age motherhood. Music is some peoples solitude they go to it to understand life and what they should do with their own. It seems there isnt enough that can be done to prevent and advertise preventing unprotected sex. Goodman makes convincing po ints with media and music, for I know many people who live their lives off music and television. It can be very convincing to many people. A friend of mine, whom I will not name, called me yesterday afternoon and told me she made a big mistake and need my help.

National Debt :: Argumentative Economy Economics Papers

National DebtHow large are we going to allow the national debt to become? If we believe that it never comes due because itssize is of little concern. However, that belief is like that of the ostrech bury your head in the sand soyou can not see the problem and the problem goes away.The concomitant is that the size of the debt is nearly five trillion dollars and grows by an average of 620 milliondollars every day The cause is that every year the government spendsmore than it collects in taxes. The government makes up the difference by borrowing billions of dollars annually, competing against private enterprise for theuse of money saved by American citizens. That money should be utilise for investments to improve our standardof living and create a brighter future. Instead, our savings are being used by the government to pay for todays consumption, for special inte counterweights and for the interest on money borrowed in earlier years. At the present rate of growth the int erest payment give eventually be greater than the current debt. corporation we afford this? Are there enough creditors to support such an enormous burden? What will happen to our future, our childerns future? We are spending it for them now onward they have a say about it. Surely thistrend of deficit spending is leading us to national bankruptcy. A new policy accommodate toward a zero deficit must be adopted. This means that we must change the way we view spending on the entitlement programs, defense anddomestic discretionary programs. Between 1980 and 1990 the national debt quadrupled from 800 million to 5 trillion. The current trend of spend every cent we can get our hands on and borrow the rest by mortgaging ourfuture must be stopped. The fact that past investment in government bonds was sound and secure does not predict that the future will remain the same. How can

Is Our Money Safe? :: essays research papers

<a href="http//www.geocities.com/vaksam/">Sam Vaknins Psychology, Philosophy, Economics and Foreign Affairs Web SitesBanks are institutions wherein miracles happen regularly. We rarely entrust our money to anyone tho ourselves and our banks. disrespect a very chequered history of mismanagement, corruption, false promises and representations, delusions and behavioural inconsistency banks still succeed to motivate us to give them our money. part it is the flavor that at that place is safety in numbers. The fashionable term today is moral hazard. The implicit guarantees of the state and of other financial institutions moves us to take risks which we would, otherwise, ask avoided. Partly it is the sophistication of the banks in marketing and promoting themselves and their products. Glossy brochures, professional computer and video presentations and vast, shrine-like, real estate complexes all serve to enhance the image of the banks as the temples of the overbold rel igion of money. But what is behind all this ? How can we judge the soundness of our banks ? In other words, how can we tell if our money is safely inclose by in a safe haven ? The reflex is to go to the banks balance sheets. Banks and balance sheets have been both invented in their neo signifier in the 15th century. A balance sheet, coupled with other financial statements is supposed to provide us with a true and full estimate of the health of the bank, its past and its long-term prospects. The surprising thing is that despite common opinion it does. The less surprising element is that it is rather useless unless you know how to hire it. financial Statements (Income aka Profit and Loss - Statement, Cash Flow Statement and Balance Sheet) come in many forms. Sometimes they conform to western sandwich report standards (the loosely received Accounting Principles, GAAP, or the less rigorous and more fuzzily worded International Accounting Standards, IAS). Otherwise, they con form to local accounting standards, which often leave a muckle to be desired. Still, you should look for banks, which make their updated financial reports available to you. The best choice would be a bank that is audited by one of the Big Six Western accounting firms and makes its audit reports publicly available. Such audited financial statements should consolidate the financial results of the bank with the financial results of its subsidiaries or associated companies. A lot often hides in those corners of somatic ownership.Is Our capital Safe? essays research papers <a href="http//www.geocities.com/vaksam/">Sam Vaknins Psychology, Philosophy, Economics and Foreign Affairs Web SitesBanks are institutions wherein miracles happen regularly. We rarely entrust our money to anyone but ourselves and our banks. Despite a very chequered history of mismanagement, corruption, false promises and representations, delusions and behavioural inconsistency banks still succeed t o motivate us to give them our money. Partly it is the feeling that there is safety in numbers. The fashionable term today is moral hazard. The implicit guarantees of the state and of other financial institutions moves us to take risks which we would, otherwise, have avoided. Partly it is the sophistication of the banks in marketing and promoting themselves and their products. Glossy brochures, professional computer and video presentations and vast, shrine-like, real estate complexes all serve to enhance the image of the banks as the temples of the new religion of money. But what is behind all this ? How can we judge the soundness of our banks ? In other words, how can we tell if our money is safely tucked away in a safe haven ? The reflex is to go to the banks balance sheets. Banks and balance sheets have been both invented in their modern form in the 15th century. A balance sheet, coupled with other financial statements is supposed to provide us with a true and full picture of the health of the bank, its past and its long-term prospects. The surprising thing is that despite common opinion it does. The less surprising element is that it is rather useless unless you know how to read it. Financial Statements (Income aka Profit and Loss - Statement, Cash Flow Statement and Balance Sheet) come in many forms. Sometimes they conform to Western accounting standards (the Generally Accepted Accounting Principles, GAAP, or the less rigorous and more fuzzily worded International Accounting Standards, IAS). Otherwise, they conform to local accounting standards, which often leave a lot to be desired. Still, you should look for banks, which make their updated financial reports available to you. The best choice would be a bank that is audited by one of the Big Six Western accounting firms and makes its audit reports publicly available. Such audited financial statements should consolidate the financial results of the bank with the financial results of its subsidiaries or associated companies. A lot often hides in those corners of corporate ownership.

The Young Goodman Brown Story, An Act of Faith :: Free Essay Writer

In his story "Young Goodman Brown," hawe cleverly projects his attitude about the Puritan religion choosing a Christian love oer the Puritan religion in this story of a mans locomote to a revival. The name Hawthorne gave to his character is also significant as it implied Goodman Brown was a favorable man and the color brown meant that he was not perfect nor was he evil. This story highlights Goodmans commitment and faith to his wifes love and Christianity over the Puritan religion eventually causing him to be subjected to suspicion by the community at a time where witch-hunts subjected the innocent to suffering and death. The story takes place at sunset in a Salem village during a difficult time for religion. Goodman keeps from his wife the details and purpose of his journey. He tells her good bye and makes it obvious he is go away her behind out of pledge. He intentionally describes his wifes beauty as well as her love and desire for him. He did this to convey the fir st time he overcame temptation in favor of his religious obligation. His wife Faith reveals her inner desires for him. She attempts to convince him to stay but he externally exhibits his commitment to his religion obligation to make the journey while internally he is unsure about his religious convictions. Goodman reassures his wife of his faith in their relationship and assures her of his return. No doubt Hawthorn meant to show Browns faith in the couples love for each other and the difficult choice he made to go on his journey. He leaves her behind, which shows that he is release sin behind because he resisted the temptation to stay due to his obligation to go. "Dearest heart, " whispered she, softly and rather sadly, when her lips were close to his ear, "prythee, put off your journey until sunrise, and sleep in your own bed tonight. A lone woman is troubled with such dreams and such thoughts, that shes afeard of herself, sometimes. Pray, tarry with me this night, dea r husband, of all nights in the year " "My love and my Faith, " replied young Goodman Brown, "of all nights in the year, this one night must I tarry away from thee. My journey, as thou callest it, forth and spur again, must needs be done twixt now and sunrise. As a result, Goodman and his wife were fulfilling their obligations and obedience to each other.

Norman Jewisons Movie The Hurricane Essay -- Movie Review Essays

Norman Jewisons Movie The HurricaneThe problem of racial discrimination has been portrayed in many films in the work 15 eld. However, The Hurricane does a masterful job at addressing this issue, and will leave audience members clenching their fists in anger at the injustice that happened to a man named Rubin Hurricane Carter. The plastic film demonstrates the racial inequity that can be found in our judicial system through the impressive acting by Denzel Washington and the direction of Norman Jewison. The Hurricane makes you wonder who else has been wrongfully accused in the past 30 years.The Hurricane creates moments of amazing heartfelt punches dealt by Denzel Washington (Rubin Hurricane Carter), Vicellous Reon Shannon (Lezra Martin), and the three Canadian friends, Live Schreiber (Sam), Deborah Unger (Lisa), and John Hanna (Terry). on the whole of the actors and actresses produce feelings of love, camaraderie, and determination that causes the audience to jump up and cheer.The movie starts with the story of Rubin Carter and his fight for the middleweight championship. He lost the match in a rigged fight to a weaker opponent. Although, Rubin dominated the ring, he lost the title. The fight foreshadows the racial discrimination that will be played throughout the movie. Later in the movie in the Lafayette Grill two African-American males of middle build murdered three hatful at the all white establishment. Rubin Carter and John Artis were accused of being those two men. Carter and Artis went to prison for three life sentences. The future looks slim for Carter, however, a pivotal change comes when Lezra Martin discovers Carters book.The movie focuses on the portrayal of Rubin Carter as he spends 20 years in prison. The a... ... a way that leaves them cheering at the end, takes this film to another level. Jewison has established himself as a great director and reconfirms that with this movie. He is no funny to racially intensified films. He directed In t he Heat of the Night in 1967 and was slated to direct Malcolm X, but refused after a few key people reacted negatively to the idea of a Caucasian male directing the film.The Hurricane, based on the life of Rubin Carter, brings alive the fears, anger, and frustration that he experienced. The Hurricane is no exception for Washingtons arresting performances or Jewisons great directing, so if you are looking for a moving, deep, and engrossing film run to your nearest Blockbuster and rent The Hurricane. It is a movie that ask to be seen not just for its value as a good movie, but for its undeniable call for justice and racial equality.

Norman Jewisons Movie The Hurricane Essay -- Movie Review Essays

Norman Jewisons Movie The HurricaneThe problem of racial discrimination has been visualized in many films in the last 15 years. However, The Hurricane does a masterful job at addressing this issue, and will leave audience members clenching their fists in anger at the in evaluator that happened to a man named Rubin Hurricane Carter. The movie demonstrates the racial inequity that can be found in our judicial system through the impressive playacting by Denzel Washington and the direction of Norman Jewison. The Hurricane makes you wonder who else has been wrongfully accused in the past 30 years.The Hurricane creates moments of amazing heartfelt punches dealt by Denzel Washington (Rubin Hurricane Carter), Vicellous Reon Shannon (Lezra Martin), and the lead Canadian friends, Live Schreiber (Sam), Deborah Unger (Lisa), and John Hanna (Terry). All of the actors and actresses produce feelings of love, camaraderie, and determination that causes the audience to jump up and cheer.The movie st arts with the story of Rubin Carter and his fight for the middleweight championship. He lost the equal in a rigged bout to a weaker opponent. Although, Rubin dominated the ring, he lost the title. The fight foreshadows the racial discrimination that will be played end-to-end the movie. Later in the movie in the Lafayette Grill two African-American males of middle build murdered three people at the all sportsmanlike establishment. Rubin Carter and John Artis were accused of being those two men. Carter and Artis went to prison for three life sentences. The future looks slim for Carter, however, a pivotal change comes when Lezra Martin discovers Carters book.The movie focuses on the portrayal of Rubin Carter as he spends 20 years in prison. The a... ... a way that leaves them cheering at the end, takes this film to another level. Jewison has established himself as a capital director and reconfirms that with this movie. He is no stranger to racially intensified films. He directed In the Heat of the Night in 1967 and was slated to direct Malcolm X, but refused later a few key people reacted negatively to the idea of a Caucasian male directing the film.The Hurricane, based on the life of Rubin Carter, brings alive the fears, anger, and defeat that he experienced. The Hurricane is no exception for Washingtons stunning performances or Jewisons great directing, so if you are looking for a moving, deep, and engrossing film run to your nearest megahit and rent The Hurricane. It is a movie that needs to be seen not just for its value as a good movie, but for its undeniable call for justice and racial equality.

Subway Is the Better Fast Food Restaurant.

COM155 tubing Is The Better Fast Food Restaurant. Living in this crazy world that is today, where family dinners consist of whatever fast food restaurant is on the way home from work. According to the Center for Disease Control and Prevention, it is no wonder why 33% of Ameri eject adults and 17% of American children are obese. Subway and McDonalds are the two giants in the fast food world. They have both fans and boycotters. tho Subway is a better fast food restaurant than McDonalds, due to Subways childrens meals choices, advertising, amount of locations and nutrition.Advertising is the way that companies bring in customers. Advertisements can make utter water and the consumer crave what the advertisement is offering. Subway has an advertising campaign that offers a limited time galvanic pile where the consumer can get a certain role of Foot long organize for five dollars. The deals last a month long. At the end of the month the sandwich is switched out and another one is p ut option in its place. McDonalds has a equal deal. They come out with specialty sandwiches or burgers every few months for example the McRib which is only three inches and terms quadruple dollars.McDonalds advertises to the younger consumers while Subway advertises to a healthier consumer. both ways of advertising are far and legal. However no parent wants to deal with their child, which has right seen an ad for a Happy Meal, throwing a temper tantrum because they do not get to have a Happy Meal. Both companies are bringing in consumers in the masses. McDonalds and Subway have kids meals. This is a meal that has a sm on the wholeer portion meant for a child. The Subway Fresh Fit kids meals have a choice of mini sandwich which is three inches, and the childs choice of a side and a confound.The choices include chips, apple slices, or a cookie for the side and three different kinds of milk, juice, water, or a small soda for the drink. The calories target for these meals is from 150 to 220 calories per meal with the average meal being 208 calories. McDonalds Happy Meal comes with a burger, or chicken nuggets, a kids fry, apple slices, and a drink. The drink choices are two different types of milk, juice or soda. The calories range for these meals is from 320 to 430 calories per meal with the average meal being 376 calories. That is almost double the amount of calories than the kids meal is at Subway.As a parent, McDonalds Happy Meals have too many calories and are making todays kids fatter than ever. The amount of locations and gross sales are important to any company. Heller (2011) noted that Subway is now the largest fast food company in the world. It has 33,749 locations all over the world, while McDonalds has 32,737 locations. However by the amount of sales McDonalds in the largest. McDonalds has reported that they have 24 billion dollars in sales a year. Subway posts sales reports at 15. 2 billion dollars a year. So why is it that a restaurant that h as to a greater extent location has less reported earnings?The cost of tubings food is to a greater extent expensive. When a company buys fresh food versus frozen foods, the earnings go down because the fresh food costs more money. On top of that Subway would rather make a little less profit and get a better product to its consumers that is healthier for them and that cost the same amount of money than a place that is not as nutritious for them, like McDonalds. The menu options and nutrition are very different at these two places. Subway has choices like sandwiches, salads, and soups as a main course, while McDonalds has burgers, chicken pieces and salads as a main course.The sides for these two places are similar with things like apples, yogurt and cookies. Nevertheless they can be very different as well with McDonalds carrying things like fries, ice cream while Subway Choices to carry things like baked chips. As for drinks McDonalds carries soda, water, tea, milk, juice, and coff ee. Whereas Subway carries soda, water, juice and milk. With all these options the choices are endless, however so are the calories. So lets look at just the main course. When a consumer orders a meal from Subway they are looking at a range of 230 calories to 600 calories for just the sandwich with an average of 391 per sandwich.At McDonalds the same consumer ordering a meal is looking at a range of 250 to 800 calories for just the burger with the average of 444 calories per sandwich. Now if this consumer does not just eat a burger or sandwich, which most consumers eat a whole meal, then they are looking at close to 1000 calories per meal at McDonalds and 600 calories at Subway. Concerning menu options and calories the clear winner is Subway. McDonalds or Subway is the million dollar question. McDonalds with its deep fried and frozen foods can do nothing but add more fat to an already obese country.Subway could help Americans out of their obesity problem, with their fresh healthy fo ods. After all the talk about childrens meals, advertisement, amount of locations and reported sales, and nutrition it is easy to see why Subway it the healthier and smarter fast food choice that more Americans should be making. References page Center for Disease Control and Prevention at www. cdc. gov Overweight and Obesity, Data and Statistices, U. S. Obesity Trends February 27, 2012 Laura Heller, Subway Is Now Bigger Than McDonalds, March 08, 2011 www. dailyfinance. com

Biblical Story in Goblin Market

And I took the little book out of the angels hand and ate it up and it was in my mouth sweet as sweeten and as soon as I had eaten it, my belly was bitter (Revelation 1010). Is it always that we ar punished for searching knowledge or pleasures? In Christina Rossettis hobgoblin foodstuff, the author uses clear parallels with the Biblical Fall and the Garden of Eden. Both stories depict the natural human desire to taste the unkn admit, but the philosophical and companionable implications in the Biblical Fall and in gremlin trade are completely contrasting.Thesis statement the setting, the characters, and the plot in Rossettis Goblin market place are close to those in the Biblical account of Fall, but Rossettis poem offers a different vision of Bible and carries different philosophical implications for the reader. Goblin Market and the Garden of Eden The Biblical story of the Garden of Eden and evens Fall is very alike to that described by Christina Rossetti in Goblin Market. The forbidden fruits in both stories are integrally linked to human sexuality.Forbidden fruits represent a new (and forbidden) knowledge, although the forbidden fruits in Rossettis poem do not cause as serious consequences as those in the Biblical account of Fall. Desire and doubt these are the key elements in Goblin Market and Bible. As Eve finds herself seduced by the external forces to taste the forbidden fruit, the setting in Rossettis story is very similar Morning and evening / Maids comprehend the goblins cry / Come buy our orchard fruits, / Come buy, come buy (Rossetti 1-4).Rossetti intentionally fills the setting with seducing elements and temptations. Goblins offering wonderful fruits to Laura and Lizzie make the two women think bust most their earthy desires and the consequences of eating these fruits We must not look at goblin men, / We must not buy their fruits, / Who knows what soil they fed / Their hungry dry roots? (Rossetti 42-45). Eves feelings in the Garden o f Eden were similar to those of Laura the desire to taste new knowledge, and the doubt, whether a woman should do that.Everything goes in a way similar to the Biblical account of Fall seduction, hesitation, and the decisive abuse until Laura eats the fruit. In many instances the similarity of the setting in Goblin Market and the Biblical Fall carries profound philosophical and social implications. However, such similarity is mostly deceptive, as Rossetti exploits a different interpretation of Biblical readings to deliver her own message to the reader. The first and the primary difference we face in the person of Lizzie.On the i hand, Lizzie is very similar to a redemptive figure of Christ on the other hand, Lizzie does not create the separation between her and Laura after Laura eats the fruit. Laura does not experience the sense of shame which Eve experiences in Bible. On the contrary, Laura expresses yummy emotions. Eves symbolic expulsion from the Garden of Eden is absent in Goblin Market, and tasting the fruit results in the gro extension spiritual secrecy between Laura and Lizzie Golden head by golden head, / Like two pigeons in one nest / Folded in each others wing (Rossetti 184-86).As Bible opposes human nature to the divine spirit, Rossetti avoids this discord and tends to use the Biblical plot as the basis for a different spiritual interpretation. In the similar setting, and surrounded by similar temptations, Laura is different from Eve she manages to keep her spiritual position, and the role of Christ undertaken by Lizzie does not lead to Lauras redemption. Rossetti avoids creating a specialization between the Tree of Life and the Tree of Knowledge. As we know, Bible tells the story of Adam and Eve as they eat the forbidden fruit and lose their door to the Tree of Life.As soon as Laura tastes the fruit she immediately loses the access to this very fruit and does not have an opportunity to taste it again. Rossetti does not speak about the two d ifferent trees. The fruit of knowledge and the fruit of life in Bible represent the expression of and the division between the sin and the purity. Rossetti combines these two notions in one fruit which Laura tastes with the help of Goblins Must she them buy no more such dainty fruit? / Must she no more such succous grass find, / Gone deaf and blind?/ Her tree of life droopd from the root (Rossetti 257-60). Rossetti adapts the Biblical story to the given cultural and social environment. As Eve was weighing the sinfulness of eating the forbidden fruit, Laura rather weighs the profitability of her eating decision Buy from us with a golden curl. / She clippd a cute golden lock, / She droppd a tear more rare than pearl (Rossetti 125-27). In this long process of hesitation, Goblins play the decisive role and lead Laura to step which will become critical to her further life.Goblins are deceptive. They emphasize the importance of earthy desires which can easily replace the need for eterna l spiritual rewards. The book of account of Revelations reads I counsel thee to buy of me fold tried in the fires, that thou mayest be rich (318). In the same manner, Goblins promote the benefits of corruptible earthy rewards, and Laura accepts their invitation. Certainly, one will ask, why the profitable offer to taste a fruit is corruptible for Laura, and the answer is very simple the sweetest taste of a fruit does not last for long.In the Garden of Eden, Eves pleasure does not last for long, too she has to leave the garden with a sinful shame in her soul, and having eer lost the chance to return to the place in heaven. Conclusion Christina Rossetti adapts the Biblical account of Eves Fall to produce a completely different effect on the reader. Rossetti offers a different vision of Eves sin. Similar to Eve, Laura is seduced at eating the forbidden fruit, but in distinction from Eve, she is not compelled at leaving heaven, and does not experience the feeling of shame.Lizzie is ve ry similar to the redemptive figure of Christ, but the two women are not separated by the fact of eating the fruit. As a result, Rossetti avoids the discord between purity and sin, found in the Biblical writings, and puts the reader into the ambiguity of the sinful implications in Goblin Market. Works Cited Bible. King James Version. Camden, Thomas Nelson, 1992. Rossetti, C. Goblin Market. 1862. Representative Poetry Online. 15 April 2008. http//rpo. library. utoronto. ca/poem/1753. html

Statistics Summary Essay

Statistics is commonly known as a tool used to make decisions, but the official description of statistics, according to the textbook, is The science of collecting, organizing, presenting, analyzing, and interpreting data to assist in making more effective decisions. (Lind, Marchal, & Wathen, 2011) There are two types of statistics, descriptive, and inferential. Descriptive statistics provide entropy that can be used to show changes such as growth or decline in the area of study. Inferential statistics provide information rough a specific topic of study by gathering information from samples.The science of statistics is also divided into levels, depending on certain characteristics of the information being analyzed. The initiative level is called nominal and contains data that is simply counted by category, such as the number of red cars on a car lot, or how many boys or girls are in a classroom. Another level is called ordinal. Ordinal data includes data that can be ranked in a ce rtain gear up such as satisfactory ratings and championship rankings. The next level in statistics is called interval. Interval level not only ranks the data, but reflects a measurable deflection between values. An example of this could be average inches of rainfall. The final level of statistics is called ratio. Ratio level includes data that is ranked, reflects a measurable difference between values, and also assigns a meaningful value to zero. An example of ratio data could be the number of positions filled in a company.Statistics is used for everything from estimating highway/bridge traffic to sic structural safety, to percentage of growth in population to determine adequate classroom space in schools, to the average units of water used per household to earn monthly water rates. Statistics, used formally and informally, affects nearly every aspect of our lives.ReferenceLind, D. A., Marchal, W. G., & Wathen, S. A. (2011). Basic Statistics for Business and Economics (7th ed.). New York, NY McGraw-Hill/Irwin.

Making Sustainable Large-Scale Change Possible: The Ontario Experience Essay

Whoever said that the only constant thing in the world is change is indeed a sage. That person could have acknowledged the statement based on personal experiences. Everything in the world changes from time to time- persons, governing and even the climate. Changes ar basic events in the world. Changes often come as surprises. On organizational level, change could come as a way of intervention which may bring out negative or positive consequences. The world today is filled with movements of people clamouring for change. The daily pertlys in the television flash with headlines on citizens c beer on their governments for reform students protesting on the streets to demand democracy environmentalists and animal-rights advocates asking for ban on chemicals and so on. Practically, people yearn for change in their personal lives, work, laws, and in the government. The instruction sector in some countries goes for change, too. In Ontario, Canada an overhaul in the public education sys tem took place to address the problems plaguing the system. Levin (2007) summarized the change as a strategy which serves as an role model of large-scale change in education that is respectful of educators, fair to students and communities and based on the best available knowledge (p. 323). The education system in Ontario, Canada suffered from solidifyingbacks since early 1990s due to government measures oblige (Levin, 2007). There were reductions in staffing levels and increased in teachers workloads. Consequently, these yielded labour strikes, dissatisfaction and low-morale among the teachers.Levin reported that during the late 1990s, a change in the government system took place which adversely affected the education system. Local discipline districts were reduced to half, school principals were taken out of the teachers partnership and signifi contributet amount of funding was cut. Teachers took the brunt of these changes as the government then was deemed as critical of publ ic teachers and schools. Levin cited that the people were unhappy and dissatisfied with the public education system. Canadas 2003 election changed the educational atmosphere as it became the rallying cry of the Liberal Party, which won the election. Levin pointed out that the new government crafted new strategies (dubbed as the Literacy and Numeracy Strategy and the scholar Success Strategy) in late 2003 to solve the problem of public education. These have two main goals to improve elementary school literacy and numeracy outcomes and increase high school graduation grade. Now on its almost fifth year of instruction execution, the strategies proved effective. The Literacy and Numeracy Secretariat of the of Ontarios Ministry of Education reported the following accomplishments by dint of its 2006 Project Report, devising It Happen improved overall provincial rate of 64% for reading, writing and mathematics in Grade about 17,000 schools improved by five or more percent in their Gra de 6 reading scores over 2000 schools got part reading scores among Grade 3 students while 900 schools did better on both the Grades 3 and 6 reading scores. Moreover, Literacy and Numeracy Secretariat reported in 2007 that the get along of schools with very low performance dropped by three-fourths. Graduation rates rose by fiver percent, from 68% to 73% in school year 2005-2006. Levin wrote that there have been an obvious level of energy and enthusiasm and the number of teachers leaving the profession or opting for early retirement was reduced.Insight from Basic System Approach on the Ontario Case The Ontario experience is one example of how a system works. From the previous lesson, Owens (2004) explained the interrelatedness of subsystems and the multiple causations. The problems of education in Ontario in the 1990s directly hit the teachers. These problems caused serious effects on the quality of education.In turn, the students were affected as they struggled with difficulties o n subject aras such as reading and mathematics. Since Ontario is a highly-diversified province, students who atomic number 18 children of immigrants were also knocked down by the problems within the system. One preempt see, as Owens empha size of itd, that the multiple causation of problems and solutions directly affect the whole system. My personal analysis is as a system, the problem of one minute part ripples through the whole system, contributing to its downfall once left unguarded. The Ontario problem back then was caused by a change in the political leadership and system. Decisions imposed upon the teachers from the authorities led to masteryive breakdowns in the public educational system. Ultimately, Levin said that most parents lost their confidence in public education and resorted to private enrolment. study through Levins article, I could say that the principles behind the continuing success of the Ontario public education system are consistent with our lessons and p revious reading. Ontario is a success story a model which is worth emulating. Nevertheless, one may wonder is the Ontario experience transferable? Can it be duplicated to other provinces within Canada and to other countries as well? I should say that the Ontario experience is unique for every situation is different from the rest. Many factors contribute to its situation such as the political, economic, cultural, and social atmospheres. But, scorn of the given unique conditions, the strategies can be also applied to smaller systems on a case-to-case basis. Strategy such as reducing classroom size and student mentoring are very pragmatic. Likewise, the principles of participation, consultation and evaluation are quite universal which for me, makes the Ontario project can be reproduced or duplicated to other schools provided that the socio-political and the cultural aspects are integrated. I believe good practices are worth following and mustiness be contextualized to ensure its effe ctiveness. It must also be sustained.Lessons Learned from the Ontario Experience The Ontario example is a case which highlights the necessity of change. It demonstrates the power of change to generate positive results which impact the whole system. There are significant lessons which we can pick from the article. Personally, I gained from reading Levins work. The first lesson that struck me is the complexity of the educational system. Education is really indispensable to a country that it takes a government policy to enamor the whole system. A governments decision or ruling on the educational system either build or ruin a country. Countries count on their education department for productive, patriotic and loving citizens good citizens are profitable to a country. I also realized that a government initiative is very powerful as it demands implementation and obedience from its constituents as compared with a grass-root level or city-level proposals. Political influence and leadership make the implementation of projects or programs more smoothly. I also appreciate the consultation aspect of the Ontario project. I learned that consultation has benefits. Consultation is a venue where the voices of the concerned parties are heard. By this, there is representation. The suggestions of the parents and teachers are heard. As I ponder through the case, it came to me that consultation is one factor which makes a school system successful. After all, parents and students are the clients of a school. Their voices must also be tapped for the proper implementation of school projects. Consulting the parents on their childrens concerns and inquiring them on issues are part of our profession as teachers or educators. Another particular lesson is the relevance of partnership. Levin discussed that the Ministry of Education forged partnerships with different local school boards for the implementation of the two strategies. The educational system has many stakeholders and they must be acknowledged and won over. Through partnership, relationships are formed, allowing for a better working environment. The reading taught me also that test and accountability matters. Like what the Ontario example demonstrated, tests are very important to measure the success of educational policy. Tests also work as gauges which measure the success of students. I was impressed by the fact the Ontarios Ministry of Education directed its provincial and district offices to report on the public the progress indicators of the students. There is no such thing as a deal or perfect program, as what I have reflected from the article. The Ontario experience is not without flaws. Levin wrote that the teachers feel overwhelmed by the tasks. There are quarrels for every change or new programs to be implemented. There are always detractors and encouragers within a system. A program can be accepted or scorned. Either way, it is an inescapable reality. In relation to change, it does not happen i n an instant. It is not an overnight function. A change in the system may mean years of implementation. Time can only aid and sharpen its implementation. Lastly, to recognize the skills and the capabilities of the teachers is one winning factor in education. The Ontario problem commenced because of the governments bias against the public school teachers (Levin, 2007). Teachers are major stakeholders in the educational system thus, theres a need for acknowledgment and incentives. Teachers are important assets therefore, they must be treated as invaluable human resource to the system.Conclusion The strategies adopted by the Ontario Ministry of Education proved to be successful. Sustainable, large-scale projects can be a tough challenge but if all the systems are in agreement to it and proper delegation of work is done, it can become a pleasurable job and a welcomed change. Ontario has set an example my conviction follows impossible ideas can be realized if the stakeholders within the system are united.BibliographyLevin, B. (2007). Sustainable large-scale renewal. Journal of Educational Change, 8, 323-336.Owens, R. G. (2004). Organizational conduct in education Adaptive leadership and School Reform. Boston MA Allyn & Pearson, p. 19-21.Literacy and Numeracy Secretariat. (2007). Making it happen. Toronto Ontario Ministry of Education. Retrieved April 11, 2008, from http//www.edu.gov.on.ca/eng/literacynumeracy/makeithappen.pdf. p. 14

A Brief History of the Chinese in the Philippine Essay

According to The History of the Sung Dynasty or Sung Shi, published in 1343-1374, chinaware already had trade relations with the people in the Philippines as early as the tenth century (AD 982) (Miclat, 2000). By the time of the Sung Dynasty (860-1127), Chinese colonies were already founded in some towns by the coast. During the Ming Dynasty (1368-1644) , colonies were already found in the hinter disembarks (Agoncillo, 1990). When the Spanish arrived in Manila in 1571 the resident population of Chinese in the area was around one hundred and fifty.Many of them were traders in Chinese merchant ships. The Chinese said they were seng-li (or xang lai), which meant we are traders (Gardner). The Spanish eventually called them Sangley, which is derived from the Hokkien word seng-di or seng-li meaning business (Mempin, 2009). The Chinese established themselves near Spanish communities, taking on important roles as food providers, retail traders and artisans. The Spanish soon became dependen t on the Chinese economically after all, they provided many of the goods shipped to Europe by Mexico by the Manila galleon trade .However, because of cultural differences, there were also mutual feelings of distrust. There came a time when the population of Chinese outnumbered the Spanish, who were afraid that they would revolt (Wickberg, 1964). Because of this, in 1582, the Spanish required the Chinese to live in a walled compound called the Parian, which soon became the commercial center of the area (Gardner). By the sixteenth century, there was a royal order for all Chinese to be expelled from the Philippines and the Parian , evacuated.However, Governor Dasmarinas knew that the City of Manila, which was the largest Spanish settlement, were dependent on the Chinese for economic services. Governor Dasmarinas bought some land across the river from the walled city of Intramuros and turned it over to a group of known Chinese merchants and artisans, for the purpose of creating a new C hinese settlement. The intention was to formally come after the royal order, while at the same time, making sure that the Chinese would continue to provide good and services for the Spanish.The land grant was tax-free and apt(p) in perpetuity. This settlement came to be known as Binondo. In the beginning, there were no religious or cultural issues involved, but when the Spanish Dominican priests were depute to Binondo, they turned it into a community of married Catholic Chinese and their. By the year 1600, the population was around five hundred or more, and the first genesis of mestizos (mixed Chinese-native ancestry) had appeared (Wickberg, 1964).In time, Binondo came to be known as the community of Chinese and Chinese mestizos who had been baptized and converted to Catholicism, and Parian was where the n0n-Catholic Chinese lived. In the nineteenth century, there was a circle emigration of Chinese into other parts of the world as a result of wars, starvation, corruption and ci vil unrest in mainland China. This was called the Chinese Diaspora. Most of these Chinese who went overseas came from maritime provinces like Fujian, Guangdong and Hainan (Overseas Chinese, 2008).In the Philippines, most of the Chinese who immigrated in the second half of the nineteenth century came from Fujian on the southeastern coast of China (Dolan, 1991). One of these sub-provinces of Fujian is Xiamen, also commonly known as Amoy. The term Amoy became known when Xiamen became a treaty port after the 1st Opium War (1839-42), and is sentiment to have come from the islands name Ah Mo in the local dialect (Brown, 2007).In those days, it was common for newly baptized Chinese immigrants to incorporate his baptismal sponsors name after his own. Let us take, for instance, the case of Don Pedro Gotiaco who is the ancestor of todays wealthy Gokongwei clan. When he was baptized, Don Pedros baptismal sponsor was Don Mariano Singson, from a well-known mestizo family. Don Pedro incorporated his sponsors name into his own, which was commonly done those days. The sponsor or padrino was considered a necessary protector for a new immigrant like Don Pedro.

The Betrayal and Loyalty in Macbeth and Kite Runner

A boy who wont stand up for himself becomes a man who cant stand up to anything. Baba consecrates these words to Rahim khan while he is talking about amir at the end of Chapter 3, and the quotation reveals important traits in both emir and Baba. With these words, Baba sums up one of emirs major character flawshis cowardiceand Baba shows how much value he places in standing up for what is right. Baba is reluctant to praise emeer, largely because he feels emeer lacks the courage to even stand up for himself, leaving emeer constantly craving Babas approval. ameers desire for this approval as well as his cowardice later cause him to let Assef rape Hassan. The quotation also foreshadows the major test of Amirs character that occurs when he must determine whether to return to Kabul to save Sohrab. As Amir searches for redemption, the collection he struggles with is precisely what concerned Baba does he have the courage and strength to stand up for what is right? I actually aspir ed to cowardice, because the alternative, the real think I was running, was that Assef was right Nothing was free in this world.Maybe Hassan was the price I had to pay, the lamb I had to slay, to net Baba. When Amir says this, toward the end of Chapter 7, he has just visualizeed Assef rape Hassan,and sooner than intervene, he ran away. Amir says he aspired to cowardice because, in his estimation, what he did was worse than cowardice. If fear of world hurt by Assef were the main reason he ran, Amir suggests that at least would have been more justified. Instead, he allowed the rape to happen because he cute the blue kite, which he thought would prove to Baba that he was a winner care him, earning him Babas whap and approval.The price of the kite, as Amir says, was Hassan, and this is why Amir calls Hassan the lamb he had to slay. He draws a comparison between Hassan and the lamb sacrificed during the Muslim holiday of Eid Al-Adha to commemorate Abrahams near sacrifice of his s on to God. In this context, Hassan was the sacrifice Amir had to make to get the kite and ultimately to gain Babas affection. That was a long time ago, but its wrong what they say about the past, Ive learned, about how you can swallow up it. Because the past claws its way out. Looking cover now, I realize I have been peeking into that deserted route for he last twenty-six years. At the out sit of Chapter 1, just as the book begins, Amir writes these words. With them, he hints at the central drama of the tale and the reason he is supposeing it. To the reader, the quotation functions as a teaser. It piques the readers interest without revealing exactly what Amir is talking about, and from the time period Amir mentions, twenty-six years, the reader gets an idea of just how important this moment was. As the story unfolds, we realize that the deserted alley Amir refers to is where Hassan was raped, and that this event has largely delimitate the course of Amirs life since.This is wh at Amir means when he says that the past continues to claw its way out. Try as he might to bury it, he was unable to because his feelings of guilt kept arising. As a result, he figuratively continues peeking into the alley where Assef raped Hassan, literally meaning that he keeps going e precisewhere the event in his mind. There is a way to be good again. (pg. 2) Rahim Khan utter this to Amir to encourage him to help Hassans son miss Afghanistan. And he got to decide what was black and what was white. You cant love a person who lives that way without fearing him too.Maybe even hating him a little. (pg 15) This is Amirs assessment of his father. It was a look I had seen before. It was the look of the lamb. (pg. 76) Here Amir describes the look on Hassans face as Assef and two others rape him. The look reminds Amir of a sacrifical lamb. I envied her. Her secret was out. Spoken. Dealt with. (pg 165) Amir makes this comment to the reader after Soraya tells him the whole story of how she ran away with a man and shamed her family. He wishes he could tell what secrets he carries around, too. Baba had wrestled bears his whole life . . In the end, a bear had come that he couldnt best. But even then, he had lost on his sustain terms. (pg 174) Baba has died and Amir sums up his life with these words. The Search For Redemption Amirs quest to redeem himself makes up the heart of the novel. Early on, Amir strives to redeem himself in Babas look, primarily because his mother died giving birth to him, and he feels responsible. To redeem himself to Baba, Amir thinks he must win the kite-tournament and bring Baba the losing kite, both of which are inciting incidents that set the rest of the novel in motion.The more substantial part of Amirs search for redemption, however, stems from his guilt regarding Hassan. That guilt drives the climactic events of the story, including Amirs expedition to Kabul to learn Sohrab and his confrontation with Assef. The moral standard Amir must meet to earn his redemption is set early in the book, when Baba says that a boy who doesnt stand up for himself becomes a man who cant stand up to anything. As a boy, Amir fails to stand up for himself. As an adult, he can only redeem himself by proving he has the courage to stand up for what is right.The Love and Tension Between Fathers and Sons Amir has a very complex relationship with Baba, and as much as Amir loves Baba, he rarely feels Baba fully loves him covering. Amirs desire to win Babas love consequently motivates him not to stop Hassans rape. Baba has his own difficulty connecting with Amir. He feels guilty treating Amir well when he cant acknowledge Hassan as his son. As a result, he is hard on Amir, and he can only show his love for Hassan indirectly, by bringing Hassan along when he takes Amir out, for instance, or paying for Hassans lip surgery.In contrast with this, the most loving relationship between father and son we see is that of Hassan and Sohrab. Ha ssan, however, is killed, and toward the end of the novel we watch Amir trying to become a substitute father to Sohrab. Their relationship experiences its own strains as Sohrab, who is recovering from the loss of his parents and the abuse he suffered, has trouble crack up to Amir. When we got to Kabul, I Rahim Khan discovered that Hassan had no intention of moving into the house. But all these rooms are empty, Hassan jan. No one is going to live in them, I tell. But he would not.He said it was a matter of ihtiram, a matter of respect. He and Farzana driftd their things into the hut in the acanthayard, where he was born. I pleaded for them to move into one of the guest bedrooms upstairs, but Hassan would hear nothing of it. What will Amir agha think? he said to me. What will he think when he comes back to Kabul after the war and finds that I have assumed his place in the house? Then, in mourning for your father, Hassan wore black for the next forty days. (16. 24-25) You whiteth orn be confused by the voice here. Its actually not Amir Rahim Khan gets one chapter in the book.Rahim Khan recounts his trip to Hazarajat to find Hassan and bring him back to the house in Kabul. When Hassan does move back to the house with Rahim Khan, he refuses to live where Baba and Amir lived. Does Hassans refusal suggest that Hassan is only Amirs servant and the two never achieved an equal association? (Side question Does Hassan sense on some unconscious level Babas true relationship to him? Is that why he mourns Baba for forty days? ) I felt comparable a man sliding down a steep cliff, clutching at shrubs and tangles of brambles and coming up empty-handed. The room was swooping up and down, swaying side to side. Did Hassan know? I said with lips that didnt feel like my own. Rahim Khan closed his eyes. Shook his head. Please think, Amir Jan. It was a shameful situation. People would talk. All that a man had back then, all that he was, was his honor, his name, and if s tate talked We couldnt tell anyone, surely you can see that. He reached for me, but I shed his hand. Headed for the door. I opened the door and glum to him. Why? What can you possibly say to me? Im thirty-eight years old and Ive just found out my whole life is one big ass lieWhat can you possibly say to make things better? Nothing. Not a goddamn thing (17. 57-63) Rahim Khan tells Amir about Babas betrayal of him, Hassan, and Ali. Heres the story Baba slept with Sanaubar, Alis wife, and fathered Hassan. But Baba never told Amir or Hassan about it. We wonder if Rahim Khans revelation makes life easier or harder for Amir. On the one hand, Amir sees, for the first time, the similarities between himself and his father. straight off he knows he wasnt the only one walking around with a ton of bricks (a. k. a. secret guilt). But does this really help Amir?Is it comforting at all to know his father made similar mistakes? Amirs betrayal of Hassan brings him closer to Baba in shipway h e couldnt have predicted. Although the two dont share the same secrets, they do share the secrecy of guilt. You know, Rahim Khan said, one time, when you werent around, your father and I were talking. And you know how he always worried about you in those days. I remember he said to me, Rahim, a boy who wont stand up for himself becomes a man who cant stand up to anything. I wonder, is that what youve become? (17. 4) Rahim Khan has just asked Amir to give up Sohrab from Kabul. Amir is initially resistant, so Rahim Khan tries cardinal times to convince Amir to undertake the task. (The task is obviously a redemptive quest because theres no reason Amir has to rescue Sohrab. Rahim Khan tells Amir he has enough money to get Sohrab, so it seems like anyone could have performed this task. ) Anyway, Rahim Khan gives Amir three reasons why he should rescue Sohrab. One, because your father thought you couldnt stand up for anything and heres your chance to prove him wrong. Second, its my dy ing wish that you rescue Sohrab.And third, Hassan was actually your half-brother, so you owe it to him. We think all these reasons add up and Amir agrees to rescue Sohrab. Of course, the third reason seals the deal, but theyre all important and end up motivating Amir. How could he have lied to me all those years? To Hassan? He had sat me on his lap when I was little, looked me straight in the eyes, and said, There is only one sin. And that is theft When you tell a lie, you steal someones right to the truth. Hadnt he said those words to me? And now, fifteen years after Id buried him, I was learning that Baba had been a thief.And a thief of the surpass kind, because the things hed stolen had been sacred from me the right to know I had a brother, from Hassan his identity, and from Ali his honor. His nang. His namoos. (18. 5) This is a central moment in the novel because it revises our find of Baba, and thus our picture of Amir. Amirs guilt, all these years, has partly resulted from Babas very strict adherence to a personal code. Babas set of principles include honor (nang), pride (namoos), and loyalty. Now Amir finds out the hobby not only did Baba steal Alis honor and pride, but he stole a sense of self from Hassan, and a brother from Amir.What are you supposed to do when you find out the single most important figure of authority and morality in your life strayed from his principles? Thats right, go on a personal quest of redemption to rescue your half-nephew from a sadistic, Mein Kampf-toting member of the Taliban. I unfolded the letter. It was written in Farsi. No dots were omitted, no crosses forgotten, no words blurred together the handwriting was nigh childlike in its neatness. (17. 7) First, its amazing that Hassan learns how to read and write as an adult. But even more amazing is the aura of innocence still surrounding Hassan.Hassan lives through a tragic attack at a young age. His best friend, Amir, betrays him. He and his father leave their home. War comes to Afghanistan. But through all this, Hassan holds onto something like innocence. Chapter 16 17 Going to Kabul becomes a test of Amirs honor, loyalty, and manhood. Amir is clearly afraid to go. He knows the city is extremely dangerous, and in returning there he would risk everything he has, including his life and the welfare of his family. Kabul will also undoubtedly recall memories of Hassan and his past that Amir would rather not confront.Rahim Khan recognizes that the decision is a difficult one for Amir. To convince him, he brings up the conversation he once had with Baba, when Baba said he feared that Amir would not be able to stand up to anything as a man if he could not stand up for himself as a boy. Amir concedes that Baba may have been right. Then Rahim Khan reveals that Ali was not Hassans father, and implies that Hassan was, in fact, Babas child. Hassan and Amir, then, would be half-brothers, and Sohrab would be Amirs nephew, obligating Amir further to find the boy. The dilemma brings together the tensions Amir has struggled with in the novel.By rescuing Sohrab, Amir can become the man that Baba always wanted him to be, and he can finally atone for the ways he failed Hassan as a friend. Do you know what I will tell Daoud Khan the next time he comes to our house for dinner? Assef said. Im going to have a little chat with him, man to man, mard to mard. Tell him what I told my mother. About Hitler. Now, there was a leader. A great leader. A man with vision. Ill tell Daoud Khan to remember that if they had let Hitler finish what he had started, the world be a better place now. (Hosseini 43) Assef claims that Hitler was his role model.He has a same point of view as Hitler has. He wants the country to be one race, one religion and one belief. This is also related to the holocaust in WWII. We all know that Hitlers actions fund the worst actions in human society because he started the WWII. He was also racist against people who have polar beli efs and race. Similarly, Assef copied Hitler and isolated the Hazaras from the rest of the country. This prove that his attitude toward the country and those Hazaras end him up with suffering the serious consequences. Assef and Hitlers actions are the worst actions in human. His blue eyes flicked to Hassan. Afghanistan is the reach of Pashtuns. It always has been, always will be. We are the true Afghans, the pure Afghans, not this Flat-Nose here. His people pollute our homeland, our watan. They dirty our blood. He made a sweeping, la-di-da gesture with his hands. Afghanistan for Pashtuns, I say. Thats my vision. This is a significant because this quote does a good job in terms of portraying Assefs attitude toward those Hazaras. Assef said this when he is harassing Hassan. We all know that Amir was put in a situation where he has to decide whether he has to stand up for himself or future(a) the belief of Pashtun bully.Assef harassed Hassan and Amir for not following their belief s and he eventually joined Taliban and killed tons of Hazaras. This harassment due to different religion lead to the worst action the Taliban has done and this lead to the disunity of the country. Assef slipped on the brass knuckles. Gave me an icy look. Youre part of the problem, Amir. If idiots like you and your father didnt take these people in, wed be rid of them by now. Theyd all just go rot in Hazarajat where they belong. Youre a disgrace to Afghanistan. This quote indirectly tells us that Assefs attitude will lead Afghanistan to downfall and his point of view will drive him forward to join the Taliban to kill those Hazaras. He thinks Pashtun who spend time with the people with a different religion are disgrace to Afghanistan. His point of view is the same as Hitlers. He think those Hazaras should be always oppressed and Afghanistan is the land only for Pashtun. This is an unfair way of differentiating people. Afghanistan will have the potential to become more united without T alibans prejudice and the attitudes toward people with different religion.

Review of Six Modern Plagues

Title Six Modern Plagues and How We atomic number 18 cause Them Apollo Casco College of DuPage Abstract This paper is a review of the book Six Modern Plagues and How We Are Causing Them. Discussing about the causative promoters of each plague and how we increased the severity of each Mad Cow illness (bovid spongiform encephalopathy), Human Immunodeficiency Virus/ Acquired Immune Deficiency Syndrome (HIV/ help), Salmonella, Lyme Disease, Hanta virus, and West Nile Virus. Millions of people give died because of these diseases that can easily permute from person to person or from creature to person, by eating half cooked meat, or simply a mosquito bite.Keywords mad cow disease, hiv/aids, salmonella, Lyme disease, Hantavirus, west Nile virus Six Modern Plagues and How We Are Causing Them Bovine spongiform encephalopathy, the technical name for mad cow disease, first struck in a cattle elevate in England in 1984. The septic cow started acting strangely. As the disease progresses, the cow developed dubiousness tremors and became unsteady, then became violent. The veterinarian who is trying to diagnose what is happening with the cows concluded that the disease is attacking the brain. however study of the brain of the infected animal revealed a sponge like appearance of the brain.It took sixteen (16) days before the authorities in tillage pointed out what is make the disease into the cattle. Rendering, recycling of animal parts that usually go to waste was turned into high protein feed for herbivores like the cows, sheep, and goats. This process was halt on year 2000. Disregarding the viandsary boundaries of animals caused bad effects on the animals itself and into humans as hale by consuming their meat. Centers for Disease and Prevention alarmed the public in 1981 about the emergence of an agent capable of suppressing the repellent response on humans a new virus.Because the virus attacks the immune system, they named it acquired immunodeficiency synd rome. The AIDS virus, human immunodeficiency virus (HIV) was first found on the blood of a person from Congo who is a part of malaria research the year was 1959, and this is currently the earliest documented case of HIV-1 infection. While working at Pasteur plant in Paris, two French virologists, Francoise Barre-Sinoussi and Luc Montagnier, identified the human immunodeficiency virus (HIV) that causes AIDS in 1983 (Abbott, Allison, & Geoff Brumfiel, 2008).HIV attacks the immune system by destroying CD4 positive (CD4+) T cells, a type of white blood cell that is life-sustaining to fighting off infection. The destruction of these cells leaves people infected with HIV vulnerable to other infections, diseases, and other complications (DOH, 2008). A Pan troglodyte troglodytes is a subspecies of chimpanzee was the primary host of human immunodeficiency virus (HIV). Transfer of bodily fluids from handling of meats of infected animals gave rise to AIDS. From the persons who prep be the me ats to be sold to the market got themselves infected through cuts on their skin with blood of the infected animals.The disease will further widen its net profit through sex from an infected person. Salmonella typhimurium DT104, is a deadly strain that haunted people and livestock agriculture for three (3) years. Salmonella typhimurium bacteria became resistant to antibiotics because of human actions. Farm owners abused the use of antibiotics. Rather than keeping their animals clean, they pay off it cheaper to use antibiotics to protect them from infection due to crowded and dirty living conditions in the farm. Antibiotics are added into their diet to make them grow a little faster.Newborn calves are given antibiotics to prevent infection. They are weaned presently after birth deprived of milk from their mother that is rich and full of antibodies. Through the phenomenon cognise as natural selection, each generation of the bacteria grows more resistant with the continuous exposure to drugs. Antibiotic Fluoroquinolone worked to encompass the bacteria. As most of people know that a bulls-eye rash appears when somebody had a Lyme disease. From the past, the telltale tarradiddle about the bulls-eye rash was used by physicians as the main diagnostic criteria rendering a prejudicial diagnosis.The truth is, the bulls-eye rash formation only occurs in 9% of cases (Internet, story) Deforestation decreases the population of keystone species, causing the increase of population of deer that carries the tick that causes Lyme disease. Mouse and chipmunks are also carriers of the tick. Because of radical changes people have made to the landscape, the ecological balance tipped on one side. Muscle pain, stiffness of the spine, lost of appetite, agitated, fever, shivering, are the symptoms of the disease.If detected early, a three week course of antibiotic will fix the problem. To the Navajos, Hantavirus Pulmonary Syndrome (HPS) is nonentity new. A disease usually fatal in fection that causes victims to drown on their own fluids. The disease coincides with the phenomenon known as El Nino. Strong rains make the population of mouse to increase. The mouses urine is the origination of infection. References Last, F. M. , Last, F. M. , & Last, F. M. (YEAR). The article title And the article subtitle. The Journal Title, vol, pagepage Abbott, Alison, and Geoff Brumfiel. Nobel for AIDS virus discovery, finally. Nature 455. 7214 (2008) 712+. academician OneFile. Web. 23 Feb. 2012. Document URL http//0-go. galegroup. com. lrc. cod. edu/ps/i. do? id=GALE%7CA188847600&v=2. 1&u=cod_lrc&it=r&p=AONE&sw=w Department of Health and Human Services. National Institute of Health (2008). National Institute of Allergy and Infectious Diseases. Retrieved from http//www. niaid. nih. gov/TOPICS/HIVAIDS/UNDERSTANDING/Pages/whatAreHIVAIDS. aspx (Canadian Lyme Disease Foundation, 2012)

Cultural Diffusion, Space-Time Compression and the Limitations on Spatial Interaction Essay

Globalization in a bottleful and The Tipping Point common chord Rules of Epidemics Chapter 1 Basic ConceptsEssay Question How do the ii articles relate to Chapter One Basic Concepts finished ethnic diffusion, the limitation of spacial interaction, and space-time compression?Whilst reading Globalization in a Bottle and The Tipping Point Three Rules of Epidemics three key concepts of Chapter One Basic Concepts become inherently apparent cultural diffusion, the limitation of spatial interaction, and space-time compression. The two articles clearly depict these three theories, through their choice drill of real world examples.In each of these articles, cultural diffusion is a steady theme throughout. gentlemans gentleman War II marked the diffusion of Coca-Cola on a global scale, as stated in Globalization in a Bottle. The physical movement of soldiers from the US to other parts of the globe palliated the feast and globalization of the drink and furthermore the brand name. When soldiers were shipped off to foreign lands so was Coca-Cola, and so it became a oecumenical term. This action of spreading an idea through movement earns this incident a spot under the course of relocation diffusion. In The Tipping Point Three Rules of Epidemics hush-puppies become popular once more through transmittable diffusion, a subcategory of expansion diffusion, meaning an idea spread through rapid and widespread contact.The origin of this questionable epidemic is believed to have originated among the urban hipsters of downtown Manhattan. These young trendsetters would go out to clubs or well(p) simply be seen wearing these shoes and suddenly everyone wanted a pair. Diffusion is a capacious concept covered throughout these articles. Another underlying idea covered in the extent of the two articles is the limitation of spatial interactionthe interaction of people whether through physical contact or by other means of communication. In Globalization in a Bottle this is cov ered by the shelter of thenumerous other countries to building more Coca-Cola processing plants in their territory. Many nations fronted at the company as a way to spread Americas demoralizing traditions, therefore they refused to allow Coca-Cola to initially be diffused into their cultures. In The Tipping Point Three Rules of Epidemics the author writes about the sexual promiscuity of homosexual men and their so called advocate in the spread of the HIV/AIDS epidemic.In turn, this lewdness has led members of society with different sexual orientations to look at the gay community as a negative aspect of modern humanity, impeding spatial interaction between the two. One final concept embedded in the two articles is space-time compression, which is the lessening in the time it takes to diffuse something to a distant place as a result of alter communications and transportation systems. Due to the advancements in transportation, the soldiers of World War II were able to transport, a nd therefore facilitate the diffusion of, Coca-Cola. The same is seen with the newfound demand of hush puppies through word-of-mouth with the upgrades in communication. Overall, both articles clearly portray a society in which space-time compression is fully functioning. In conclusion, Globalization in a Bottle and The Tipping Point Three Rules of Epidemics are both distinctly ingrained with the theories of cultural diffusion, limitations of spatial interaction, and space-time compression. The articles utilise great examples of the three ideas and truly give them meaning.

Civil Procedure Outline

Civil Procedure define I. Personal Jx- in what fixs cease the ? fulfil the ?. a. In personam- pwr over the person. General jx- the ? target be sued in that domain for a exact that arose anywhere in the world. Specific jx- the ? is being sued for a direct that arose from their actions w/in the fabrication. i. Constitutional Limits- Due Process Circle 1. Pennoyer v. Neff- Traditional ground for in personam 1. The ? is service of processd with member 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 handed-down basis for in personam jx 1.The ? wanted to sue the ? for ca use an accident in the e assert, unless nether the traditional way couldnt serve process bc the ? had left-hand(a) the state. That state motor hotel was able to uphold jx through the non absorbnt motorist order- if you drive in our state you argon consent to in personam jx and appointing a state official as your agent for service. Always special jx. 3. International garment v. Washington 1. There is jx if the ? has such minimum wrap ups with the forum so that jx, does non offend traditional notions, median(a) play and social in force(p)ice. i. You stick out serve process out gradient the forum by this quantify, as retentive as you meet the Shoe Test ii.There are 2 move adjoin and fairness iii. Doesnt over overtop Pennoyer, test if ? is not present when served 4. McGee 1. The TX company solicited the business in CA 2. CA had an worry in providing referee for its residents. 5. Hansen 1. Under Internaitonl shoe the contact btwn the ? and the forum mustiness result from the ? s purposeful availment. The ? must reach out to the forum. 2. No jx in FL over a DE bank, the bank and serviced a client in the forum, didnt 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 foreseeable that the ? could choose sued in that state, not that your crop could farm to the state. 7. Burger King- MI residents owned a franchise in FL got sued on that point and the ? argued that it was unfair to altogetherow slip in FL 1. Court makes it clear that in that location are 2 parts under International Shoe contact and fairness. 2. Contact is assessed commencement ceremony-year, it no applicable contact accordingly 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 piece of ass travel i.Court said that you have to set up that you are at such a great disadvantage that it would be unfair to process there ii. Tough to prove bc wealth of the parties is irrelevant. 8. Asahi Metal v. Superior Court NO LAW 4-4 disassemble catamenia of commerce upshot. 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. OConnor theory- conduct the Brennan theory plus an intent to serve states c, d, e 9. McIntyre- stream of commerce NO LAW- split 3 ways- position company only reaches out to Ohio the Ohio Company thus sells everywhere.Individual hurt in Jersey and sues the English company there, Supreme Court no jx, Majority agreed on no jx 1. 4 justices necessitate OConner theory- found no intent 2. Bryer and some other dont take sides, agrees with both tests just doesnt 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 heading 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 declare 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, nowadays 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 hardly on buying and selling in the state. ii. Steps for analysis 1. Constitutional epitome- does a traditional basis apply- it may be enough, then mention the split that International Shoe always applies 2. The Shoe Analysis 1. essential be relevant contact with the forum i. Purposeful availment on the part of the ?. ii. Foreseeable that you could get sued there, not t hat your product gets there. 2. Specific or General Jx -relatedness- does this take aim arise from the ? contact with the forum. i. If yes, then you can sue for specific jx. ii. If no, then you can only sue for general jx. 3. fairness factors- its up to the ? to show that it is a burden 1. inconvenience for the ? 2. forum states evoke 3.? interest 4. interest in efficiency 5. shared crucial 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 encircle Statute- go by and by 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- romances are split. b. In Rem- pwr of the law dally over a ? plaza w/in jx- the fight btwn ? and ? is about the property, the fight is whose land is it i. Attachment statutes- solicit can augment property that ? owns or reads 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 solicit 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 result 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 comparable for quasi in rem. II. Notice- has to be precondition to the ? and she has to have a chance to be heard a. Service of Process- FRCP regularise 4- process- consist of the summons and a copy of the complaint i. Summons content- reg ularisation 4 a 1 ii. Service can be made by any non company who is at least age 18- persist 4 c 2 iii. How to serve an individual- run 4 e 2- 3 ways 1. Personal service- can be through anywhere . Substituted service- must be d bingle at ? dwelling or usual abode, and must serve someone of suitable and discretion WHO RESIDES THERE 3. Serve the ? agent iv. Also look to swayer 4 e 1- allows methods of state law where either the national royal court of justice 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 ? provide have to pay for the service of process b. Constitutional Element- if you become aware that the ? idnt gain service, you talent 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 animosity exceeds $75,000 1. Citizens of different states i. Comp permite renewal rule- there is not vicissitude if any ? is a citizen of the aforementioned(prenominal) state as any ?. ii. A US citizen is a citizen of the US state in which you are domiciled. YOU ONLY stool ONE dwelling house 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 movement- the principle place is where the managers direct, control, and arrange 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 duple claims to reach the required amount. We aggregate claims if there is one ? and one ?. Cannot aggregate if th ere are multiple ? and multiple ?. 3. If there are joint claims, use the intact 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 official law ii. Well pleaded complaint rule 1. Look only that the compliant. 2. Focus on the claim itself 3. Is the ? enforcing a federal in good order, is so meets the well pleaded complaint rule. 4. RR v Mottley- Court held that the Mottleys werent enforcing a indemnify under the federal law and not a federal question. c. Supplemental legal power 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 uniform accomplishment or item.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- alike overall dispute. Gibbs is always met if the 2 c laims arise from the aforesaid(prenominal) transaction or occurrence 1. Does 1367 a grant jx? Yes if it meets Gibbs 2. Does 1367 b take jx away(predicate)? 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 caseful reversed from state court to federal court. If the case doesnt belong there, then the federal court leave behind 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. except 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 archive 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 di stiff 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 districts, 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. pitch 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 to a greater extent sense for the case to be tried. You dismiss 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 figure is to be unconquerable, the judge must decide if she must apply state law. i. Erie- In a diversity case, the judge must apply state law for meaty 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- show s that Erie Doctrine is 2 doctrines 1. Is there a federal law on point that instantly conflicts with state law, Ie FRCP, statutes, Rules of Evidence. , If there is yes, we apply the federal law as long as it is effectual (based upon the Supremacy Clause of the Constitution. ) 1. Test 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 mention 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 app ly 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 outcome 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. debar 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 dont want this bc it provides an advantage to diversity cases. VI. Pleadings a. Complaint- pleading filed by ?. Rule 8 a i. Statement of subject matt er 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 plead 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 campaign 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. sorrow to state a claim . Failure to join a companionship under Rule 19 (indispensable ships company) 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 dont put them in, then they are waived 2. Rule 12 b 6 and 7 can be raised for the first time any time through examination (not on invoke) 3. Rule 12 b 1 can be raised at any time (any time even on greet) v. dissolve must include 1. Must respond to the complaint 1. Rule 8 b 2. Failure to cut across- is an accession, expulsion 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 denudation 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- compuls ory 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 doesnt get knocked about by 1367 b bc b only applied to claims by ?. This is a counterclaim by a ?. 2. Rule 13 b-Permissive counterclaim- doesnt arise from the same transaction or occurrence, can be brought now but doesnt 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 at odds(predicate) obligations. Joint tortfeasers are not necessary to found into a suit. iii. Is it feasible to 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 blameless case- not fair to the ? 1. 19 b tells you what to consider- 4- we dont 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. hold back 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- tertiary 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. at a time 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 courts 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 a ll parties would be verbose 2. There has to be a question in common with all claims 3. Representative parties claims are usual 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 questions 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 either PPL IN THE CLASS. You have the right to opt out of the class or risk being hold in 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 representatives claim amount VIII. Discovery a. undeniable Disclosures- Rule 26 a 1 i. Must identify ppl anyone who has discoverable information that could be utilize on the merits during foot race 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 dont 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 checkup 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 partys 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 any discoverable matter (if you dont 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 render 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 differently available 3. Mental impressions, conclusions, opinions, and legal theories are never discoverable 4. DOES NOT HAVE TO BE GENERATED BY A LAWYER Can be generate d by a party themselves or a representative. IX. Pre mental testing 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 trial. 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 amend b. Summary Judgment Rule 56 a- judge looks at facts/ differentiate i. Moving party must show 1. There is no genuine dispute on a material fact 2. She is entitled to concept 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 control panel 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 redress the ? is seeking 1. Remedy at law- damages 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, miscellany 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 dont 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 button 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 express 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 didnt, 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 jud gment 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. 1292 a- orders about injunctions 2. 1292 b-trial court and appellant 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 apologize 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 werent 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 preclusion. 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.