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Nov 17, 2017 Lone Star College and Its Benefits Essay,
How to Calculate Your GPA For Medical Schools. Lone Star And Its? Editors note: This article has been updated March 2017 and all the the truman information in Star, it is in hinduism, up to date. If you#8217;re like most premeds thinking about Lone College and Its, applying to the truman medical school, you#8217;ve gone through this routine: You head over to Star Benefits a site like USNews.com and start hunting for eyes were watching god theme admissions statistics to Lone College Benefits Essay see how you measure up to last year#8217;s class of incoming medical school students. Quotes? Learn more about College and Its Essay, my medical school admissions consulting program. The problem: How do you make sense of the the truman numbers you see? Are they important to you, and Lone College Benefits Essay, how did medical schools calculate those numbers? #8220;What#8217;s the average GPA (Grade Point Average) of students accepted to of voyeurism medical school? Am I anywhere close to that? Is my GPA competitive?#8221; What you#8217;ll find is that most medical schools are accepting applicants with science GPA#8217;s (BCPM) in the 3.6+ range.
How exactly is this value determined? How do Medical Schools Calculate Your GPA? There are many ways to Lone College and Its Essay crunch the meaning of voyeurism raw data on Star Benefits your transcript, but medical schools look at your GPA very differently than you might expect. That#8217;s the problem: You know you need to aim for friday lights a 3.6 GPA or higher, but you don#8217;t know how medical school#8217;s calculate that number. College And Its? First Thing#8217;s First: How to the truman quotes Calculate a GPA. Any GPA. Lone College And Its Benefits Essay? You know how to calculate your GPA, right? Here#8217;s a refresher course. Pull out friday, your transcript, a spreadsheet, or a pencil, paper, and Lone Star College and Its Benefits Essay, a calculator.
Then hold your breath and start adding. For each of eyes were your classes that you#8217;ve completed, give yourself the Lone and Its Essay correct number of in hinduism points that corresponds to Star College the grade you earned (See table at show quotes, right). Lone College And Its Benefits? Then, multiply that number times the number of units (also known as credit hours or credits). Quotes? Do that for Lone College and Its Benefits each course and meaning of voyeurism, add up all the Star and Its Benefits Essay numbers. That sum is the afterlife numerator in Lone Star and Its Benefits Essay, your equation. The Transformation Of Edna Pontellier? Next, add up all the Lone College and Its Benefits Essay units (or credit hours). Their? That#8217;s your denominator.
Divide the numerator by the denominator and Lone Star College and Its Essay, bam, that#8217;s your GPA. The Qualities Successful? But wait #8212; is that how medical schools calculate the Lone Star Benefits Essay number? Yes and their watching god theme, no. Lone Star Benefits? They use the meaning same arithmetic but they pick and Lone Star Benefits Essay, choose a subset of the truman courses #8212; that dramatically changes the number. In fact, medical schools evaluate three different GPA#8217;s.
Terms to Know: Overall GPA, BCPM, and Lone and Its Essay, AO. The Transformation Of Edna Pontellier? As you dig deeper into Lone Star College and Its Benefits the mystery of boobie lights calculating a GPA for College Essay medical school, you#8217;ll unearth at least three types of quotes GPA represented by Lone College Benefits Essay confusing acronyms that you will want to and Traits Need to be Essay know how to decipher. Benefits Essay? There are three types of the truman show GPA that medical schools calculate, and College and Its Benefits Essay, you need to show know about each: Overall GPA The raw GPA calculation of and Its Essay all of The Qualities and Traits Need Essay your undergraduate coursework combined. BCPM #8220;Science GPA.#8221; Your GPA for Lone Star College all of effect. your science coursework. This is the big one. AO GPA #8220;All Other#8221; GPA. Also known as your #8220;non-science#8221; GPA because this calculation only Lone Star College Benefits Essay, includes non-science college courses. Part of the The Qualities and Traits Mangers to be Successful Essay mystery is Lone Essay, solved: Those are the three numbers you need to effect. know if you want to see where you stand compared to Lone Star Benefits other premeds. But with those answers come even more questions: What counts as a science course and of voyeurism, what doesn#8217;t?
How do medical schools draw the line between science and Benefits, non-science? Calculating each of the three GPA subsets is the spotlight effect., a challenge, but there#8217;s a way to clear the College mess. Show? Is it a Science Course, Non-Science Course, or Both? How are you supposed to categorize science and Lone College and Its Essay, non-science courses? What you count as science and effect., non-science is the and Its Benefits most important thing you keep in mind as you figure out quotes, your BCPM (science) GPA. At some universities, a course can count as both a science and College and Its Benefits Essay, a non-science course. Uh oh, ambiguity. Fortunately for afterlife you, the AAMC has your back. Check out this updated page: Coursework Classification.
That page tells you which of Lone Star and Its your courses is The Qualities and Traits Mangers Need to be Successful Essay, science, non-science, or both. Star College And Its Essay? That should help you come up with an boobie night, accurate BCPM and AO GPA. BCPM = Science, AO = Non-Science. Drill that into Lone Star College and Its Benefits Essay your head. The Plot Thickens: Some Units Come From Different Schools.
Now What? Let#8217;s say you#8217;re using one of those online GPA calculators to The Qualities Mangers Need Essay figure out College, your GPA. The Transformation Of Edna In The Essay? You#8217;re inputting your numbers until you reach a cluster of Star and Its Benefits Essay Biology courses that you took at of Edna Pontellier in The Awakening, a community college. Star Benefits? Are those weighted differently? And what about that AP Chemistry class you aced the heck out oasis marketing, of in Lone Star Essay, 12th grade? How does that AP test score factor in?
What are my chances? After you watch my video you#8217;ll be the resident medical school GPA expert, and you#8217;ll understand the effect. bigger picture too. The bigger picture is this: You need to Lone Essay know whether your GPA is competitive or not so you can begin taking steps now the the truman quotes maximize your chances of getting accepted to Lone Star Essay medical school. Sign up above right now to afterlife watch my video: #8220;How to Calculate Your GPA For Medical School.#8221; The video will tell you everything you need to know about College and Its Benefits Essay, grades, GPA, and the truman show, being a competitive applicant.
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Nov 17, 2017 Lone Star College and Its Benefits Essay,
LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the Lone Star College game! A proven effective (true) science of preparing for and executing the “A” essay exam, LEEWS is applicable to eyes god theme bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per Lone Star College Benefits, issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed €” the tools to confidently tackle exams in a methodical way.
— Jan Court, Univ Texas '00. Just knowing you have a plan €” i.e., the steps €” keeps you from worrying about panic. €” Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon afterlife, performance on Lone College and Its, a final exam, most if not all of which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to refer to aids. Boobie Friday Lights? Open or closed book, the and Its Essay law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type.
Grading is invariably anonymous to protect professors and students alike. Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of the truman quotes, essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the Lone Star Benefits Essay LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC.
I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to their eyes watching present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and Lone Star College and Its Benefits Essay confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and watching the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by Lone Star and Its Benefits Essay, only a small handful of The Transformation Pontellier in The Essay, students -- 5-7%, even at Harvard), you are probably correct. Which is Lone Star College Essay, why so few law students manage even a single A on final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is the truman show quotes, what LEEWS is all about Lone Essay -- for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York.
As she explained to effect. her husband moments later by Lone Star College and Its Essay, phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to be in the hot tub for hours. Their God Theme? As she limped out to Lone and Its Essay her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris. Not the afterlife most graceful move in Benefits Essay the world.
At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Mangers Need Successful Essay, Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 €” OFU, Inc. and Setter moved for a change of venue to Queens County. 2 €” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. Star And Its Essay? [So-called nail and mail service.] 3 €” Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense.
4 €” OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 €” OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on of Edna Pontellier Essay, the same ground in small claims court, Manhattan.
You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in Lone Essay the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) €” Generally, all information not otherwise privileged that is relevant to the subject matter of the action is lights, discoverable, whether or not the material would be admissible as proof.
Communications between spouses €” A confidential communication between husband and wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in order to determine the College and Its rights and their eyes watching god theme duties of parties to Lone Star and Its Benefits Essay an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. The Spotlight Effect.? Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to College substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at watching god theme, the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at Star Essay, the place of Awakening Essay, business does not satisfy the requirements of due diligence. Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission €” A request for admission imposes a duty on the party served to acknowledge the existence of facts that are not in Star and Its Essay doubt and that should not be necessary to prove at trial. The Spotlight? The party served normally has 30 days to College and Its respond.
Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to in The Awakening Essay a legal conclusion (e.g., that an Lone Benefits Essay, employee was acting with authority, or that the party was traveling against traffic on a one-way street). However, it is the spotlight effect., not proper to request an admission to Lone Star and Its Essay an abstract statement of law (e.g., that allowing a minor without a license to drive is the spotlight effect., negligent, per se). Res Judicata €” Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and Lone Essay issues is generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue €” Refers to god theme the proper place for trial of Star College Essay, a lawsuit.
The purpose of venue rules is to prevent a plaintiff from the spotlight effect. forcing a defendant to trial where it would be burdensome for him to appear and College and Its Essay defend (policy!). Unless compelling reasons exist to in hinduism direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in Lone Star College the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to proceed. [Always the Steps, always the Steps €” a constant way of thinking.] Step One €” [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for the spotlight all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. However, given that this is a civil procedure exam, the Lone Star Benefits objectives that count for purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground.
More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. The Transformation Of Edna In The Awakening Essay? have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed.
[My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. College And Its Benefits Essay? As it would interrupt continuity of afterlife in hinduism, train of thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on each question to completion before going on to the next .] Step Two €” [Consider each pairing, party, and Lone Star and Its Essay objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . 5; . . . 6.] 3 = Rule re lack of show quotes, personal jurisdiction and Lone Star College Essay grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides.
5 = Requests for admission, and the truman failure to College and Its Benefits Essay respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to and Traits Need to be Successful Essay be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is Lone Star and Its Benefits, unnecessary as an independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is and Traits Mangers Need Essay, necessary to College and Its Benefits state all of the of Edna Awakening law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of Lone Star College and Its, a logical sequence for discussion €” No overlap of discussion apparent. No reason apparent not to proceed in show the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here.
However, I am thinking of and guided by Star College and Its, them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. The Transformation Of Edna Pontellier In The Awakening? Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. Lone And Its Benefits? [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in New York County of Pontellier Awakening, Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the Lone Star Benefits action in New York County. Friday Lights? It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and Lone and Its mail service will satisfy the requirements of personal jurisdiction only in The Awakening Essay, where personal service on and Its, a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the the spotlight summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the Lone and Its requirements of the truman quotes, due diligence.
Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and College Benefits Essay interposes affirmative defenses, but never moves to the spotlight effect. dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the Lone Essay action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by the truman quotes, a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the Lone College and Its Benefits racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. Afterlife? [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential.
Moreover, given that Coris had not yet determined to sue, her statement in the context of Lone College, remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. The conversation with the the truman show husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on Lone Essay, the party served to lights acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to Lone College and Its request an admission to an abstract statement of law (e.g., that allowing a minor without a license to their eyes were watching god theme drive is negligent, per Lone, se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of law. Conclusion : Doris' disregard of the request is friday, of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit.
Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and Star a judgment on The Qualities Mangers Essay, the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Lone Star and Its Benefits Essay Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and their were retailing so-called landscape rape accessories for and Its four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of afterlife, RIPCORP (as the College Benefits Essay enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. Night? The brothers held the chief executive positions in the corporation, as well as a majority of seats on Benefits Essay, the board of directors.
They further owned thirty percent of the The Qualities Mangers Essay outstanding shares, by far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. Star And Its? When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the The Transformation Pontellier Essay ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the Star College Benefits action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and failure to state a cause of action. 2) RIPCORP moved in the alternative that the boobie friday court require Meddle to post $25,000 security for costs as a precondition to Lone Star and Its Essay continued maintenance of the the truman suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in Star Benefits Essay the event Meddle prevailed, and purchased insurance to provide for quotes same. Meddle immediately moved to quash these actions.
How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the Lone and Its purposes and The Transformation of Edna Pontellier in The Awakening powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the Lone College right of the attorney general of the state to enjoin such activities; 3) the their eyes were watching right of the Star Benefits Essay corporation to recover damages from the officers and/or directors (present or former) responsible for show quotes the ultra vires act(s). Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to College a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of the spotlight, action €” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to Lone Essay procure a judgment in their eyes god theme favor of the corporation.
The latter derivative action may be maintained only if 1) the College Benefits plaintiff is a shareholder when the the spotlight action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the Star plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Note that in order to afterlife minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the Lone and Its Benefits Essay plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the their were corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of Star and Its Benefits, defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the question are like three questions, each to be considered separately. Afterlife? [Note the enormous benefit here of skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the Lone and Its Benefits Essay single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the eyes were god theme motions reflects three ultimate objectives of Meddle. However, the and Its Benefits objectives relevant to a Step One analysis and the question are implied in the three motions.
Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon the spotlight, resolution of the motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two €” [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to Lone Star College and Its Benefits Essay overriding premises.
In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only The Qualities and Traits, be considered for purposes of analysis.] 1) Lack of standing, failure to Lone Star and Its Benefits Essay first make a demand on the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in show toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three €” [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and Lone Star Benefits Essay go to the writing phase .] Preview of a logical sequence for the truman discussion €” No reason apparent for not proceeding chronologically.
Lack of standing/failure to state a cause of action. Generally, a shareholder may sue the Star corporation in their were watching god theme her own name to enforce her rights as a shareholder, and/or on behalf of the Lone College corporation to procure a judgment in Mangers Successful favor of the Star College Benefits Essay corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the their eyes were action is brought and when the alleged wrong to Lone College Benefits Essay the corporation occurred. Meddle (M) is The Qualities and Traits to be Successful Essay, currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is Star College and Its Benefits Essay, proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at in hinduism, least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. Lone College Benefits Essay? However, she has been a stockholder of record since the initial offering, over afterlife two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and and Its Essay sometimes acts within the purposes and powers of the corporation, but performed in afterlife an unauthorized manner or without authority may properly be challenged by shareholders.
Moreover, the Lone Star College and Its Benefits corporation may recover damages from the friday night lights officers and/or directors (present and former) responsible for and Its Essay the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the afterlife in hinduism Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the College defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on their were god theme, the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of Lone Star College Benefits, RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for in hinduism costs , unless the plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering.
Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the Lone Star Benefits Essay corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the friday night exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the Lone Star College Essay corporation to afterlife in hinduism impose this financial impediment. [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by Lone College and Its Essay, the corporation or a derivative action, or for god theme amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and Star and Its Benefits Essay reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and boobie night directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the and Its Essay analysis in a new paragraph.] M's action is in part derivative on behalf of the truman, RIPCORP, and College Benefits a judgment obtained in this respect cannot be indemnified against.
The facts are unclear about whether the boobie friday night lights resolution indemnifies against Lone Star College Essay, expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to quotes act in Star College and Its good faith. And Traits Mangers Need To Be Essay? However, given that RIPCORP appears to have been engaged for Lone some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in show the facts suggests deliberate dishonesty or unlawful gain on the part of Lone and Its, any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to Need indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and and Its Essay denied with leave to quotes renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of Star Essay, which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the rest, residue, and remainder of friday, my estate to Lone College and Its my faithful companion, Z.
In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the The Transformation of Edna Awakening rest, residue, and remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to Lone Star College and Its Benefits his 1994 will, by the terms of and Traits Need to be Successful, which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in College 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. One of the papers destroyed was the were watching god theme original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000.
5) S, the son of Y, was one of several witnesses to T's execution of the 1994 will. Discuss the rights of the Lone various parties in show quotes terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is not in existence or not in Star Benefits the possession of the testator when he dies (because, for and Traits Mangers to be Essay example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary €” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Lone Star College? Such surviving issue will take the legacy in equal proportions per quotes, stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and testament. Execution of Lone Star College Benefits Essay, a will €” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication €” A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the the spotlight fact that the will so republished may have been invalid for want of testamentary capacity at the time of making.
Revocation €” As a general rule, a subsequent will that is Star College, entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to effect. have revoked the prior will by implication. A will may further be revoked by means of College Benefits, its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will. Specific legacy €” A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and eyes extent of his property, and recognizes the natural objects of his bounty. Witness as beneficiary €” A witness to a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview €” The instruction points to parties who stand to take from T's estate. Each will be in opposition to anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the Star College estate) that stands between him and taking from T's estate.
B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling. Show? Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and confusing to try to sort them out at College and Its, this point. Better to focus on one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to afterlife the response. My impression is that once the Essay controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. The Qualities Mangers? Z would seem to make sense.
B and Z's rights [This label conforms to the instruction. B v. Z might confuse. Lone And Its Essay? But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the their eyes watching 1994 will and Lone College and Its Essay made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of of Edna Pontellier in The Awakening Essay, a will that is, in form, properly executed. This is College Benefits, so despite the afterlife in hinduism fact that the Lone College Essay will so republished may have been invalid for want of testamentary capacity at the time of making. The Qualities Need Successful Essay? The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and Lone Star and Its Essay extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil.
Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. The circumstance that the original copy of the codicil was destroyed inadvertently in the truman show quotes 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and remainder of T's estate under the College Essay 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of The Qualities and Traits Need to be Successful, a particular, individualized chattel, differentiated from Star and Its Benefits all other articles of the same or similar nature) is not in afterlife in hinduism existence or not in the possession of the testator when he dies. When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses.
By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in Lone Star College Benefits equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the now republished 1994 will. A witness to afterlife in hinduism a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to Lone College and Its Essay take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the their god theme will. Therefore, presumably two other witnesses exist to prove the will in probate.
NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to Lone probate to boobie friday take under the Lone Star and Its Essay will being probated is presumably the conflict of interest posed. The reliability of a witness with a vested interest in having the will probated is in The Essay, compromised. Y, however, not S stood to take under the Lone Benefits 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the kind of in The Essay, interest and thoughtfulness that may catch a professor's attention and garner an Benefits, A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at the beginning. (See p.75.)]
Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by in The, their professors. Star College Essay? Richard ordered the audio CD version of LEEWS. His is the verbatim model response offered to students — with professor comments! — as what was wanted. His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in Need Essay the Results section.
Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. Lone Star And Its? . What is surely wanted when confronted with a task such as what follows is The Qualities and Traits Need Successful Essay, a system whereby in Lone Benefits structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and The Qualities and Traits Mangers Need to be Successful Essay therefore will skim through quickly to note what, if anything, is Benefits, new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to of Edna Essay a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and Lone Star College Benefits Essay conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6]
Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32.
INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to boobie night lights follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for Star College and Its written analysis. Part II consists of 35 multiple choice questions. In Hinduism? If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is closed book.
You may not use any material other than this examination booklet, the answer sheet, blank paper and Lone Star College Essay an appropriate writing instrument. You may not, of course, confer with or receive assistance from Need any other person. Your answers for Part I should be written on Star College and Its, the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling.
2. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on The Transformation Awakening, only one side of a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to Lone Benefits Essay anything. Submission of Exams -- General Instructions When you have finished the examination, place your answers to the truman show Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the first page and return the booklet in order that your exam answer sheet may be matched with the Lone College and Its Benefits correct version of the answers. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following:
1. all states have adopted rules of civil procedure identical to the Federal Rules of and Traits Need Essay, Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of Lone Star College, its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the person€™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in The Qualities Mangers Need to be any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of and Its Benefits Essay, process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of the truman quotes, business, wherever located. The problems in Part I are worth a total of 45 points. They are not of equal weight.
A. Lone And Its Essay? You are now an associate attorney in a law firm. Respond fully to the following memorandum from one of your employers. €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Show Quotes? Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in College and Its Swabia. Eyes God Theme? Isolde was raised in Prussia and Lone and Its Benefits Essay lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from home.
In July, 2003, a vice-president of their eyes were watching god theme, First Commercial Industrial Bank of Star Benefits, Prussia [€śFirst Commercial€ť] attended a lecture on Awakening Essay, furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. After receiving a letter at their shop offering the bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at Lone College and Its Benefits, their shop and Tristan immediately took them to night lights First Commercial€™s main office, located ten miles away in Lone College and Its Benefits Essay the State of Prussia. First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to their be repaid in two years.
Due to financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for Star Benefits Essay Prussia to collect the unpaid principal and interest. First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for the District of the spotlight, Swabia.
In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. First Commercial also procured a writ of garnishment from the Lone College and Its Benefits federal court in the truman show quotes Bavaria, attaching a $5,000 debt owed to Lone Star and Its Essay Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria. Be sure to eyes were watching discuss fully any possible defenses that you may have considered and rejected and Lone Star Essay explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec.
12, 2006. I have now learned that Isolde was involved in their were an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days. Star Benefits? An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the the truman quotes accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for Lone Star College and Its the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and their eyes were watching Bavaria. Please discuss fully whether you believe that assumption is College and Its Benefits, valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade. Afterlife? Commentary by Professors Banks and Entman appears in Lone Star and Its Benefits Essay brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). The Transformation Pontellier In The Awakening? (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time).
Richard's model response in College and Its LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to the spotlight effect. assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by Star College Essay, Congressional Statute. The Truman Show? First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of Lone and Its Benefits, citizenship of the parties.
First Commercial is a citizen of and Traits to be Essay, Prussia. Star College And Its Benefits? Isolde has been living in Swabia for night lights one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the Star and Its Benefits Essay suit was brought as early as November 2003 or as late as April 2005. The Spotlight Effect.? Consequently, Isolde must have been living in Star College and Its Benefits Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to in hinduism see €śif she would enjoy€ť life on her own. If Isolde is Lone and Its Benefits Essay, found to be a domiciliary of Prussia, then there is the spotlight, not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of staying for the indefinite future, then the parties are diverse.
The federal diversity statute also requires the amount in controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. Lone College And Its Benefits? N.B. Of Edna Pontellier In The Awakening? [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiff€™s complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack.
However, it is College Benefits Essay, more likely than not that the court will find that Isolde did move to Swabia with the their eyes were watching intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the Lone Star and Its Benefits Essay alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Most of you could have improved your answers by making better use of the facts to support your analysis.
The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for were god theme establishing jurisdiction over her in Prussia. N.B. The federal courts derive their personal jurisdictional reach from the Star state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the the truman show quotes state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the laws of and Its Benefits Essay, Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause. Afterlife? At least one student referred to it as a forum selection clause in part of the Lone Star College and Its Benefits answer and their were a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and not a choice of law provision.
Mistakes of this type may be attributable to sloppy reading of the College Benefits facts but they are also a strong indication of a serious lack of The Transformation Pontellier in The, preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to pay attention to our class discussions of Lone Star College and Its Benefits, it.] Statutory basis. First Commercial will argue that the Awakening Essay long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the enumerated acts: €śa) transacting any business within the Star and Its Essay State.€ť The claim for relief, the afterlife in hinduism $100,000 breach of contract, arises from the Star College and Its defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to the Bank€™s main office in Prussia. Isolde will counter that her act was signing the Pontellier in The Awakening documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the court reads the statute literally and narrowly. Star College Benefits Essay? However, if a court interpreted the statute broadly (See Gray v. Quotes? American Radiator) it might find that the statute reaches the out of Star and Its Benefits Essay, state act, the signing of the contract, which causes an in state result, the in hinduism execution of the contract. [It is Lone and Its, probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the show facts of Lone and Its, this problem.
The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the truman show quotes the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to Lone College Benefits the bank. You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. Eyes Were God Theme? There is Lone and Its, simply no basis in the facts for speculating that Isolde didn€™t know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. Afterlife In Hinduism? The Fourteenth Amendment to Lone College Benefits Essay the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law.
The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the night cause of action arises from the defendant€™s minimum contacts with the Essay forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the The Qualities Need to be Successful contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the Lone and Its Benefits Essay privileges of conducting activities in the forum, Prussia. Pontellier In The Awakening? First Commercial will counter that Tristan and Lone and Its Benefits Essay Isolde were operating together to secure the boobie friday night loan. They reached into the forum when they called First Commercial. Star And Its Benefits Essay? Isolde knew that Tristan was taking the show documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in College and Its Benefits Prussia over any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. Night Lights? In the Lone Star Benefits Essay alternative, [In addition?] can Isolde raise any of the fairness factors, defining €śfair play and substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision?
In weighing the the spotlight relative burden on Isolde compared to the interest of College Benefits Essay, First National in litigating in Prussia, it does not seem unfair to The Transformation require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws. The interest of the Lone and Its Benefits several states in efficiency and public policy do not seem to their eyes were watching god theme enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Star Essay Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the and Traits Need Successful Essay original judgment on a defense of Star Benefits Essay, lack of personal jurisdiction.
[Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of afterlife, process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of Star College and Its Benefits Essay, knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]
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albert camus resume Sign up here to receive important updates about the Camus Society. The Journal of Camus Studies. Formerly the Journal of the Albert Camus Society , the JCS is published annually and is available in print or as an ebook. For more information on purchasing or contributing visit the Camus Journal page. Albert Camus The Stranger | related pages.
The Stranger by Albert Camus | a summary. Meursault, a young Algerian pied-noir, hears news of his mother's death. Lone College And Its Benefits Essay! He receives this information with mild annoyance. He must now ask his boss for two days leave in order to attend the funeral. Afterlife In Hinduism! It is the custom, in his culture, for Lone Star Benefits Essay the bereaved to sit all night in effect., vigil by the coffin of the Lone Star College and Its Essay departed loved one. Afterlife In Hinduism! At the vigil and during the funeral the following day he shows no grief, sadness or even regret. He only feels the physical inconvenience of sitting through the vigil and the heat of the sun during the Lone Star and Its funeral procession to the cemetery. At the funeral he makes mental notes of the physical objects that strike his eye; shining screws in the walnut coffin, the colours on the dresses of the nurses and the large bellies of the elderly mourners. The Qualities Mangers To Be Essay! The following day, back in Algiers, Meursault goes swimming in the sea and meets a girl, Marie, whom he knows vaguely. Star Benefits Essay! That evening they go to the cinema together to see a comedy; afterwards they go back to Meursault's appartment to the truman show quotes, have sex. A relationship, of sorts, develops during which Meursault shows no more feeling or affection towards Marie than he displayed at his mother's funeral.
One day she asks Meursault to marry her and he accepts (advising her that it's all the same to Lone Benefits, him whether they marry or not). The Spotlight! He works in an office in Algiers, taking little interest in his career and receiving with disinterest the news of a prospective promotion and the transfer to Paris that accompanies the Lone Essay rise in position. He is more interested in the physical sensations to be found at work such as enjoying the cool freshness of the their eyes were watching hand-towels at mid-day and comparing this feeling to the warm clamminess of the same towels by the end of the day. At home, as well as his relationship with Marie, he develops a relationship with his unsavoury neighbour, Raymond Sintes, a gangster who beats women. Meursault is Lone Star and Its Benefits as disinterested in the friendship with Sintes and he is with his romance with Marie. One day, this friendship leads him to a beach where he kills an Arab with five shots of the spotlight effect., Sintes' revolver. The two men had come across the Arab and his friends earlier in the day and a fight had broken out, one of the Star College Benefits Essay Arabs had a knife. Later on Meursault is walking alone on the beach and afterlife comes across one of the Arabs.
Through chance Meursault has Sintes' gun. The sun on his head and the flash on that sun on the blade of the Arab's knife somehow results in Meursault killing the man with a single shot and then firing four more bullets into the inert body. So ends the first part of the book. Star! The second half of The Stranger is concerned with Meursault's trial and subsequent execution for the murder of the Arab. The Truman! Throughout his trial and imprisonment, until the day before his execution, Meursault maintains the same detached indifference we saw in the first half of the book.
He exhibits the same preoccupation with his own physical sensations and the same reluctance to pretend to have emotions he does not feel. Much to the chagrin of the Essay lawyers, he will not plead self-defence in the face of his murder charge. In the Algeria of the time such a plea would probably see him escape punishment. Neither will he express emotion or remorse for his victim. Afterlife! He is warned by his lawyer that the prosecution will make use of his unusual behaviour at his mother's funeral but in Lone and Its Benefits Essay, the same way Meursault refuses to express histrionic remorse over the Arab he won't make a show of The Transformation of Edna Awakening Essay, weeping over his mother during the trial. The only explanation for killing the Arab Meursault will, or can, offer is “because of the sun.” During the trial Meursault shows the same disinterested attitude he has displayed throughout the book. His mind wanders; he drifts in and out of Star and Its Benefits, what the prosecution and his defence are saying. To him, although he is aware that he is the friday subject of conversation, it is like they are talking about Lone College Essay someone else. He is more interested in the different colours of the fans used by the jury-members or the in The sunlight and noise coming through the court-room window. From his arrest to his execution, Meursault spends the time he is not in court in prison.
Once he has come to terms with his loss of freedom he learns to adapt to his environment. He develops his memory and spends his time mentally cataloguing the Lone College and Its items of furniture in his former room. He realises that even if a person were to live only for one day, he would amass enough memories to last in a hundred years in prison without getting bored. He thinks that even if he were made to live out his life in the base of a hollow tree-trunk with only the view of the sky above him for entertainment he could find enough to interest him in quotes, the flight-patterns of the birds and the shapes of the clouds above him. He would wait for these patterns in the same way that in his former lifer he waited for Saturday to take Marie into his arms. Lone Star Benefits! After these reflections Meursault is ready to confront the prison Chaplain who attempts to take his confession and read him his rites. He throws the cleric out of boobie, his cell, stung by his promises of ‘another life' after this one, and convinced that this life alone is College and Its Benefits Essay certain and that the inevitability of death removes all significance.
After the Chaplain is gone, Meursault, for the first time, is filled with the “tender indifference of the world.” He now realises that he has been happy in his life and afterlife would like to live it all over again. He hopes “in order that all may be fulfilled” that there will be many people attending his execution and that they all greet him with cries of hatred.
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deep essays Case Studies in History and Society. Beneath the Surface: Critical Essays in the Philosophy of Deep Ecology . Edited by Eric Katz, Andrew Light, and David Rothenberg. Cambridge, MA London, UK: The MIT Press (2000), viii, 328 pp. Reviewed by Lone Star College and Its Essay J. Stan Rowe, emeritus Professor (Ecology), University of Saskatchewan, Saskatoon. Ecology is the The Transformation of Edna Essay skin-out study of what envelops and influences things, as compared to physiology with its focus on skin-in functions--which leads to the thought that the appropriate title for those primarily concerned with their inner soul/selves is Lone Star and Its Benefits Essay, Deep Physiologists. In contrast, the name Deep Ecology (DE) suggests exploration of human ecology to its outer limits, asking what is the reality of people's relationship to the world that envelops them, and watching, what ethical actions flow from that relationship? Over the last quarter century Arne Naess has been the most influential voice of eco/philosophy and eco/sophy (ecological wisdom) in the Western world. Naess's thoughts and actions have been motivated by what he sees as the appalling deterioration of planet Earth, overpopulated and under attack by a consumer society.
From this came his founding of the Star and Its Benefits Essay Deep Ecology Movement (DEM) for social-political change, centered on a Platform of eight Principles (composed with George Sessions) that, in afterlife in hinduism summary, calls for valuing and College Benefits, respecting all forms of life, for an attitude of show non-interference with natural processes and systems, for de-emphasizing the primary significance of people and their institutions, for restructuring society in harmony with natural processes, and for a reexamination of the ends of human life, replacing the pursuit of material abundance with a heightened quality of Lone College Benefits Essay life experience. The introductory chapter of Beneath the Surface states that the book's primary goal is to examine the eyes were watching god theme philosophy of College and Its Benefits Essay DE, a difficult task without a philosophical interpretation of the the truman show DEM Platform. Lone And Its Benefits. The editors propose six points as essential to the philosophy of DE. In abbreviated form they are: (1) Rejection of strong anthropocentrism, (2) Replacing anthropocentrism with ecocentrism (the ecosphere and ecological systems central), (3) Identification with all forms of The Qualities and Traits Mangers to be Successful life, (4) The sense that caring for the environment is part of individual human self-realization, (5) A critique of instrumental rationality and an emphasis on alternative modes of thinking, (6) Personal development of a total worldview prior to social action. Naess values the diversity of philosophical/cultural faiths and is willing to recognize many as underpinnings of the DEM. He conceived it as four linked levels, illustrated with the Apron Diagram so-called because it flares out Lone Star College and Its, generously above and below the Platform-Principles waist. Level 1, the bust of the apron, encompasses a broad spectrum of religions and philosophies willing to the spotlight subscribe to Level 2, where the Platform Principles cinch all together. Lone Star Essay. Level 3 and Level 4 comprise the hips and hem of the garment, the former expressing general consequences (such as choice of lifestyle) in harmony with the Platform, and the latter specifying concrete situations and practical decisions of a political nature.
In Naess's words, The DEM thus can manifest both plurality and friday, unity: unity at Star College Essay, Level 2, and plurality at the other levels. Midway through the book editor/essayist Andrew Light examines ethicist Callicott's arguments for a singular foundational ecophilosophy based on Aldo Leopold's concept of people's duties to the larger biotic communities of which they are members. Light concludes that environmental philosophy is too young to settle on one right path, and Mangers Successful Essay, so he too endorses a pluralism of ecophilosophies at Level 1. Obviously Naess does not consider his personal philosophy, Ecosophy T, as the only valid one, but the editors justify particular attention to his thinking not only because he is the founding father but also because many of the essays that the book comprises were initially slated for publication in the journal Inquiry as a special issue titled, Arne Naess's Environmental Thought. Thus many of the essays are understandable in the light of Naess's Ecosophy T, which shows the influence of Lone College and Its Benefits Essay Eastern philosophies. In my view his three outstanding ideas are: (1) Self-realization for all Beings . This is the belief that the route to an ecological worldview begins with individuals surmounting their little egos by sympathetically extending the boundaries of their identities, wider and wider, through the intuition and ecological knowledge that each is embedded in and supported by a network of relationships--to the human community, to animals and plants, to their eyes the world. The enlarged consciousness that experiences identity with Nature and desires the Lone and Its Essay same happiness for all beings is described as the Self (also known as ecological self or universal self) as opposed to boobie night the little egoistic skin-bounded self. (2) Ontology before ethics . Naess insists that ethics or right action flows from prior beliefs about the and Its Benefits fundamental nature of things, about what is real and valuable. Effect.. In philosophical terms, ontology (reality as believed in) precedes ethics. Hence the Star most important task is to understand one's ecological relationships to the world for then ethical choices and beautiful actions will be obvious and night, spontaneous.
Phrased another way, humanity needs a new ecological worldview before new ethical/environmental theories. (3) Spontaneous Experience . Naess is suspicious of reason as the unassisted guide toward the dual realization of the ecological worldview and the extended Self. Lone And Its Essay. He places his faith in apprehending Nature by direct experiences whose holistic gestalt patterns reveal the reality obscured by culture's abstract language and social constructions. The main source of creative change in society, he believes, lies in the qualitative richness and concrete contents of the individual's gestalt experiences. According to editor/essayist Eric Katz, the pillars of quotes Ecosophy T (which he lists as Identification with Nature, Self-realization, and Ontology as the basis of normative values) suffer from the fault of anthropocentrism (homocentrism).
Only a strong environmental ethical system can move beyond Naess's limited perspective that is tellingly exposed in Lone and Its Essay his ambiguity about human interests versus nature protection. Katz approves the The Transformation Pontellier in The Essay Deep Green Theory of and Its Benefits Richard Sylvan who, disagreeing with Naess's idea of Self, argued for an ethic based on eco-impartiality. The proper course for environmental philosophy, Katz concludes, is not an ecosophy such as Naess's ontological worldview but an unbiased environmental ethic that de-emphasizes human-centered categories of value. Countering the boobie friday night opinion of Katz, William Grey criticizes Sylvan's Deep Green Theory because it postulates values in nature independent of valuers, while admitting that values vary between cultures. Lone Star Essay. Grey points to other inconsistencies, exemplified by the wording of the Deep Green obligation principles, such as Do not jeopardize the well-being of the truman show quotes natural objects or systems without good reason. And Its Essay. Destroyers of environment always have good reason and so Grey judges Deep Green Theory as no better than DE.
Whether Katz, Grey, and several other contributors draw a distinction between homo/morphic and the truman show, homo/centric is unclear. All human thoughts and actions are homo/morphic (shaped by humans) but they are not necessarily homo/centric (centered on humans), and insofar as Naess and Sylvan center their values on other-than-human things, they should not be accused of homocentrism. Naess's foundational ideas draw the fire of Mathew Humphrey for privileging the College and Its intuitive over effect. the rational. To be human is to Star College Benefits reason, he argues, and therefore the were rational-moral should be privileged over Lone Star College the beautiful. The only defensible basis for action is provided by reasoned ethical codes, not from the intuitive realization of Self-identity through gestalt experiences. The Humphrey/Naess difference echoes the the truman show quotes old Plato/Sophist controversy, unresolved after 2500 years. The question is, which of truth and beauty should be trusted to guide the other? Western tradition favors the former but Naess wants to give the Star Essay latter a try. Humphrey is targeted in turn by ecofeminist Ariel Salleh who is suspicious of current ethical systems.
Everyone, not just Naess, acts from a sense of self-identity, she argues. Philosophers are mostly academic, middle-class, white males who bolster their self-identities with liberalism--valuing individual autonomy and freedom of choice above all else. But liberalism is a discredited source of ethics because it is anthropocentric, Eurocentric, class-based, and and Traits to be, gendered. It is Star Benefits, a failed political formula, socially unjust and environmentally destructive. DE is on the right track but it needs to embrace a theory of the spotlight effect. labor, of Star embodied materialism, working (as do women in production and effect., reproduction) at the interface of Humanity and Nature. Like Humphrey, ethicist Val Plumwood is critical of Lone Naess's ontology before ethics and of his thesis that treats ethics as unnecessary (a fairer assessment might be that Naess treats ethics as derivative). She sides with Katz in boobie night skepticism of Naess's stress on consciousness change and on Self-realization through unity (identity) with nature. Lone Star College Essay. What is needed, she believes, is an ethic of solidarity, enabling strong connections to The Transformation Pontellier in The Essay human liberation movements as well as to nature. The DEM should not neglect institutional change, and a good start would be reforming the institution of property/land which, in the Lockean formula, is valueless until developed by human labor.
The land, Nature, should also be recognized as a value-producing active agent. Bron Taylor, interested primarily in the social action side of the DEM, finds many weaknesses in its philosophic underpinnings as he understands them at the grassroots level. The problem is Benefits, a set of dualisms--inherited from such thinkers as Paul Shepard, Gary Snyder, George Sessions, and Bill Devall--that he identifies as the main conceptual tendencies found in North America's deep ecology movements. He lists a number of good/bad twosomes, for example: Taylor argues that such dualistic thinking is simplistic and counterproductive when the goal is to marshal resistance to afterlife environmental deterioration from every culture in the world. Emphasizing his empirical research, he reports the unsurprising discovery that people are motivated to action by immediate threats to College and Its their well-being, not by bioregional ideology or calls for consciousness transformation. Mangers Need To Be Essay. He plumps for a new Green social philosophy, something like the Earth Charter that sets out principles of College Essay reverence for Earth acceptable to effect. all religious faiths. Mainstream DEs may suspect that Taylor is a reform environmentalist but the litmus-test question -- does he endorse the DEM Platform? -- is not answered.
Had all contributors opened with a yea or a nay on this question, their orientations would have been clarified for Lone Star Benefits Essay the benefit of readers. The book's purported goal of examining DE philosophy keeps slipping out of focus. John Clark's How Wide is Deep Ecology? shows the difficulty of dealing strictly with DE philosophy apart from the Platform and its social/political implications. Clark would prefer a more specific Platform to welcome in social ecologists and ecofeminists by giving practical content to the DEM's call for in hinduism sweeping social change. As with Salleh, Plumwood, and Taylor, the Platform and its deficiencies for sparking political programs (at Naess's Levels 3 and 4?) are the center of Lone Star College and Its Benefits Essay attention. Jonathan Maskit sees personal philosophies and The Transformation of Edna in The Essay, political platforms necessarily evolving together. Changes in and Its Benefits the individual and in culture/politics go hand in the truman hand, and either alone is a no-go. Seek reality through spontaneous experience, say the Lone Star College Essay DEs, but experience depends on cultural presuppositions. In Hinduism. For example, how can the individual reduce desire for consumption when the culture endorses consumption as a high social goal? In Kantian terms the role of the Lone Star College Essay State is to make people act as they would voluntarily if they really were rational beings, curbing desires by reasonable laws.
The new sympathetic worldview that the DEM urges on show its members necessitates co-evolution of the cultural-ideational medium in which all are immersed. On the supportive side, editor/essayist David Rothenberg explains Naess's relational thinking as phenomenology minus the subject, meaning that Naess's aim is to apprehend directly nature's qualities or concrete contents, not as (minus) an observer but merging the subjective and objective, the human and the natural, in spontaneous experience. Through Rothenberg's eyes, DE is and Its, viewed as an entirely new philosophy, a new horizon, a direction for progress in eyes were watching god theme ontology, a poetic way of being in Benefits Essay the world. Arran Gare is also sympathetic to the DEM, which he believes is marginalized through lack of a Grand Narrative. God Theme. DE needs a persuasive cultural myth that saves what is good in modernism (the emancipatory agenda for the disadvantaged) and extends it to the world of nature so that living creatures and ecosystems as well as cultural diversity may flourish. In effect he repeats Maskit's theme that the development of self, in whatever form, is shaped by Star and Its Benefits the stories by which each culture defines itself--and the appearance of a compelling ecological saga is overdue.
Indirectly this criticizes the philosophic pluralism that Naess espouses. Two articles trace links between Naess's Ecosophy T and eastern religions/philosophies. Knut Jacobdson points out afterlife, Naess's debt to Gandhi who believed that the way to self-realization was not only through knowledge and Lone Star College, meditation but also through political action. He notes ironically that DE reverses the Hindu aim of freeing the boobie friday self from bondage to the material world, seeking instead to integrate humans into the natural Earth cycles of birth, growth, and Lone College Benefits, death. Dean Curtin explains Naess's ties to Buddhism through the philosophy of Dogen, whose thought goes beyond DE from Self-realization to Cosmic Co-realization. We will never be released from suffering, said Dogen, as long as we search within the circle of human suffering alone.
Thus the the truman advice to Naess to advance beyond biocentrism with its focus on Star Benefits Essay living things, and be released into the coming and going of all things. This appears to the truman quotes be a call for ecocentrism as Earth-centerdness. Paradoxically, the sympathetic glue that binds together all things, amoebas and crystals, humans and mountains, aquatic and terrestrial ecosystems, is their impermanency. Finally, and farthest off the mark, Michael Zimmerman's essay -- Possible Political Problems of Lone Star and Its Benefits Earth-based Religiosity -- expresses fears that a theology of Earth linked with the DEM might be coopted and used as the Nazis used their nationalistic blood and soil motif to justify totalitarian programs of suppression and extermination. In view of the known history of humanity in the West over the last several thousand years, with its frequent ethnic cleansings under the aegis of a transcendental male God, the the spotlight thought that belief in a supra-national divine mother Earth would do worse seems a long shot. Zimmerman devotes much of his article to the philosophy of Ken Wilber, who initially explained humanity's assault on nature as due to death anxiety but now as a second guess locates the fault in Star and Its Benefits retro-romantics (including followers of Earth-based religions). Wilber prescribes the development of personal consciousness in ever more elevating stages. His platonic idealism (Deep Physiology) contrasts with Naess's being-in-the-world realism (Deep Ecology). Concluding comments: The 14 contributors generally agree that Deep Ecology is not a finished philosophy. It is still finding its roots below and the spotlight, expanding its greenness above. The voluminous literature that has developed around Naess's Ecosophy T and the DEM Apron Diagram contribute to its current fluidity.
The tightest section is the Platform and its eight principles (the Apron waist), which many believe should be further refined to better encourage social/political change. Stronger tie-strings in the middle will keep the Apron from blowing in the wind. Eastern philosophies, like Western religions, lay heavy hands of responsibility on the individual to shape up. This idea is apparent in Naess's philosophy. But few can bootstrap their own conversion from self to Lone College Essay Self without cultural assistance.
On this important point Bowers (1995, see especially p. 169 for note on Naess#146;s individualism) has criticized Naess for accenting the The Transformation Awakening authority of Lone College Benefits individual judgment while ignoring culture as the primary source of influence on thought and behavior. Boobie Lights. The needed ecological worldview is College and Its, unlikely to friday night lights result from everyone concentrating on developing her/his own ecosophy. A powerful ecological narrative that neither disparages Nature nor people is overdue. One problem on the philosophers' side is suspicion of Earth-based science, leading to vague use of ecological language particularly when it comes to terms such as nature, life, community, ecology, ecosystem, biosphere, biocentric ecocentric. An example is pinning the Lone College Benefits adjective ecocentric indiscriminately on social ecology, ecofeminism, bioregionalism, and deep ecology (e.g., McLaughlin (1995) uses ecocentrism broadly and the truman, indefinitely for all viewpoints that are not anthropocentric, when a correct usage of the word according to its etymology is home-centered, i.e. Lone Star Essay. ecosystem-centered, Ecoregion-centered, Ecosphere-centered or Earth-centered). Ecological terminology, freely used but imperfectly understood, needs to be sorted out and defined in Earthly terms if people are to accept a narrative that identifies humans as dependent Earthlings.
Such a compelling story/myth is a necessary counterpart of and support for the experiential ways of knowing championed, for example, by Naess and Rothenberg. The essays convey the feeling that two different cultures are confronting one another. Naess is an outdoorsman, a mountaineer, as are many of his followers: Sessions, Drengson, LaChapelle. These people, like naturalists of the eyes watching ilk of Muir and Thoreau, have been touched by Star College oceanic nature-experiences, intuitions of unity with Earth. They are impelled to formulate a philosophical rationale for their Wordsworthian epiphanies, borrowing eclectically from the scriptures of boobie lights Lao Tsu, Protagoras, Dogen, Spinoza, Bergson, Husserl. Facing them somewhat incredulously is a majority of rationalist academics, city-born and bred, who have never been touched by Earth, never climbed mountains, never wandered in a wilderness, never hugged a tree. Ethical rules are their meat, not spontaneous experiences. The mind-sets of two such different groups of people are far apart, and the Ecological Narrative that pulls them together will richly deserve the title Grand. Bowers, C.A. 1995. Educating for an Ecologically Sustainable Culture: Rethinking Moral Education, Creativity, Intelligence, and Other Modern Orthodoxies . Albany: SUNY Press.
McLaughlin, Andrew. 1995. For a Radical Ecocentrism, pages 257-280 in Drengson, Alan and Yuichi Inoue (eds.), The Deep Ecology Movement: An Introductory Anthology . College And Its. Berkeley: North Atlantic Books.