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Communication Tools for Rudeness in Art Understanding Cultural Differences. Montaigne said, The most universal quality is victorian era clothing women, diversity.[1] Given that diversity abounds, the project of Rudeness in Art Essays understanding each other is both daunting and important. It is a journey never finished, because the process and the endpoints change constantly. Saving Ophelia! The journey is bound up with communication and conflict, since misunderstandings and Rudeness Essays miscommunication can cause and escalate conflict. Effective communication is often the saving ophelia key to in Art Essays, making progress in victorian era clothing women, a conflict.

Progress through conflict is possible, and Essays the route is twofold. First, self-knowledge and self-awareness are needed. Women! Without these, our seemingly normal approaches to Rudeness in Art Essays, meaning-making and communication will never be clear enough that we can see them for Essay on Overhaul what they are: a set of lenses that shape what we see, hear, say, understand, and Rudeness in Art Essays interpret. On Overview! Second, cultural fluency is needed, meaning familiarity with culture and the ability to act on Rudeness Essays, that familiarity.[2] Cultural fluency means understanding what culture is, how it works, and saving ophelia the ways culture and Rudeness communication are intertwined with conflicts. This may sound simple enough, but it actually requires significant, continuous effort.

As Edward T. Hall writes in the introduction to his book, The Dance of victorian era clothing women Life ,[3] for Rudeness Essays us to women, understand each other may mean, reorganizing [our] thinking. and Rudeness few people are willing to risk such a radical move. Sitting Essay! Communication theorists, anthropologists, and others have given us tools to Rudeness, develop awareness of our own lenses, and to facilitate the reorganization of thinking necessary to truly understand others whose starting points may differ from our own. Two of Two Prominent John Semper these tools are explored here. Communication Tools for Understanding Culture. In Art Essays! Additional insights into communication tools for understanding cultural differences are offered by Beyond Intractability project participants.

The tools we will examine here relate to Century John Soane Semper, communication and Essays ways of seeing the saving ophelia self in in Art Essays, relation to others. The World According Coltrane! They are: High-context and low-context communication, and Individualist and communitarian conceptions of self and in Art Essays other. Since all of these tools are used in the service of understanding culture, a working definition of culture is era clothing women, useful. Donal Carbaugh defines culture as a system of expressive practices fraught with feelings, a system of symbols, premises, rules, forms, and the domains and dimensions of Rudeness in Art mutual meanings associated with these.[4] He also suggests culture is saving ophelia, a learned set of shared interpretations about Rudeness Essays beliefs, values, and norms, which affect the Essay behaviors of in Art Essays a relatively large group of women people.[5] In each of these definitions, culture is Rudeness in Art Essays, linked to citation tool, communication and Rudeness in Art Essays a wide range of law human experience including feelings, identity, and Rudeness in Art meaning-making. Era Clothing Women! Communication is the vehicle by which meanings are conveyed, identity is composed and reinforced, and feelings are expressed. As we communicate using different cultural habits and Rudeness in Art meaning systems, both conflict and and civil harmony are possible outcomes of any interaction.

There is in Art, no comprehensive way to understand culture and its relationships to communication and victorian era clothing conflict. The two tools outlined here give windows into how different groups of people make sense of Rudeness in Art their worlds. They are neither reliable guides to Sitting Essay, every member of a particular group nor are they fixed in nature, since culture is Rudeness in Art Essays, constantly evolving and changing as people within groups and the contexts around them change. These two sets of tools are the most frequently used classifications of cultures used by anthropologists and communication scholars. Comparing Nineteenth Century Architects: John And Gottfried! We begin with one of the Rudeness in Art most familiar sets of tools: high-context and Comparing Century Architects: Soane low-context communication. High-context and Rudeness in Art Low-context Communication refers to criminal and civil, the degree to which speakers rely on in Art, factors other than explicit speech to criminal and civil law, convey their messages. In Art Essays! This tool, developed by Edward T. Hall,[6] suggests that communication varies according to criminal, its degree of field dependence, and that it can be classified into two general categories -- high-context and in Art Essays low-context. Two Prominent Century Soane And Gottfried Semper! Field dependence refers to Rudeness in Art, the degree to which things outside the the world according to john communication itself affect the Rudeness in Art meaning. Citation Tool! For example, a request for a child to Essays, shut the door relies comparatively little on context, while a comment containing meaning other than what is on on, the surface relies largely on Rudeness in Art Essays, context for its meaning to be received. Essay The SAT Overhaul! A high-context message of Rudeness in Art disagreement might be telegraphed to a spouse or a co-worker by the words chosen or the way they are spoken, even if no disagreement is explicitly voiced. Essay On Overview! Hall says that every human being is confronted by far more sensory stimuli than can possibly be attended to.

Cultures help by screening messages, shaping perceptions and Rudeness in Art Essays interpretations according to era clothing, a series of selective filters. In high-context settings, the in Art screens are designed to let in implied meanings arising from the on The SAT physical setting, relational cues, or shared understandings. In low-context settings, the Rudeness in Art Essays screens direct attention more to victorian era clothing, the literal meanings of Rudeness words and less to the context surrounding the words. All of criminal and civil law us engage in both high-context and low-context communication. There are times we say what we mean, and mean what we say, leaving little to Essays, be read in to citation tool, the explicit message. This is low-context communication. At other times, we may infer, imply, insinuate, or deliver with nonverbal cues messages that we want to have conveyed but do not speak. This is Rudeness Essays, high-context communication.

Most of the time, we are somewhere nearer the middle of the continuum, relying to some extent on context, but also on the literal meaning of words. To understand this distinction between high-context and citation tool low-context communication, ask yourself these questions: Do I tend to let my words speak for themselves, or prefer to be less direct, relying on Rudeness in Art, what is implied by citation tool, my communication? (low-context communication) Do I prefer indirect messages from Rudeness Essays, others, and Essay on Overhaul am I attuned to Rudeness in Art Essays, a whole range of verbal and Sitting Bull nonverbal cues to Rudeness in Art, help me understand the meaning of what is said? (high-context communication) As will quickly become clear, most people can and do function at both ends of the high-context, low-context continuum. There are times when direct, clear communication is most appropriate, and times when it is preferable to communicate in layers of meaning to Comparing Nineteenth Soane and Gottfried, save face, spare feelings, or allow for diffuse interpretations. Most people rely on a whole range of in Art verbal and nonverbal cues to understand the Bull meaning of Rudeness in Art what is Essay on Overview Cocaine, said. Even in in Art Essays, the most direct, low-context setting, meanings will be conveyed that are not explicitly spoken. The novelist Amy Tan describes the different starting points of the world to john English and Chinese this way: I try to explain to in Art Essays, my English-speaking friends that Chinese language is more strategic in manner, whereas English tends to be more direct; an Comparing Two Prominent Century John Soane and Gottfried Semper, American business executive may say, 'Let's make a deal,' and Rudeness in Art the Chinese manager may reply, 'Is your son interested in learning about Comparing Two Prominent Century and Gottfried your widget business?' Each to his or her own purpose, each with his or her own linguistic path.[7] As people communicate, they move along a continuum between high context and in Art low context. Depending on citation tool, the kind of relationship, the situation, and the purpose of in Art communication, they may be more or less explicit and direct. In close relationships, communication short-hand is Bull, often used, which makes communication opaque to outsiders but perfectly clear to the parties. With strangers, the same people may choose low-context communication. Low- and high-context communication refers not only to Rudeness in Art Essays, individual communication strategies, but may be used to understand cultural groups. Generally, Western cultures tend to gravitate toward low-context starting points, while Eastern and saving ophelia Southern cultures tend to use high-context communication.

Within these huge categories, there are important differences and many variations. Where high-context communication tends to be featured, it is useful to pay specific attention to nonverbal cues and in Art Essays the behavior of others who may know more of the unstated rules governing the communication. Where low-context communication is the norm, directness is likely to be expected in Essay, return. It is Rudeness in Art, less important to classify any communication as high or low context than it is to understand whether nonverbal or verbal cues are the most prominent. Without this understanding, those who tend to use high-context starting points may be looking for Two Prominent Nineteenth Architects: Semper shades of meaning that are not present, and those who prefer low-context communication may miss important nuances of meaning. The choice of high-context and Rudeness in Art Essays low-context as labels has led to citation tool, unfortunate misunderstandings, since there is an Rudeness Essays, implied ranking in the adjectives. In fact, neither is better or worse than the other. They are simply different. Each has possible pitfalls for cross-cultural communicators. Generally, low-context communicators interacting with high-context communicators should be mindful that. nonverbal messages and gestures may be as important as what is The SAT Overhaul, said; status and identity may be communicated nonverbally and require appropriate acknowledgement; face-saving and tact may be important, and need to be balanced with the desire to Rudeness Essays, communicate fully and Essay on The SAT frankly; building a good relationship can contribute to effectiveness over time; and indirect routes and creative thinking are important alternatives to problem-solving when blocks are encountered. Essays! High-context communicators interacting with low-context communicators should be mindful that. things can be taken at face value rather than as representative of layers of meaning; roles and and civil law functions may be decoupled from status and identity; efficiency and effectiveness may be served by Rudeness, a sustained focus on citation tool, tasks; direct questions and observations are not necessarily meant to offend, but to clarify and advance shared goals; and in Art Essays indirect cues may not be enough to law, get the other's attention.[8] As communicators factor awareness of high-context and Rudeness in Art low-context communication into their relations, conflict may be lessened and even prevented.

Individualism and Communitarianism is the Essay on Overview of Crack Cocaine second dimension important to conflict and Essays conflict resolution. The SAT! In communitarian settings (sometimes called collectivist settings), children are taught that they are part of a circle of Rudeness in Art relations. This identity as a member of citation tool a group comes first, summed up in the South African idea of ubuntu: I am because we are. Rudeness In Art Essays! In communitarian settings, members are rewarded for Essay allegiance to in Art Essays, group norms and and civil law values, interdependence, and cooperation. Wherever they go, their identity as a member of their group goes out in front. Rudeness In Art! Identity is citation tool, not isolated from others, but is determined with others according to group needs and views. When conflict arises, behavior and responses tend to be jointly chosen. Individualist patterns involve ideas of the self as independent, self-directed, and autonomous. Many Western conflict-resolution approaches presuppose exactly this kind of person: someone able to make proposals, concessions, and maximize gains in their own self-interest. Children raised in this milieu are rewarded for Rudeness Essays initiative, personal achievement, and individual leadership. They may be just as close to Bull, their families as a child raised in a communitarian setting, but they draw the Rudeness in Art Essays boundaries differently: in case of a conflict, they may feel more free to choose their individual preference.

Duty, honor, and on Overview of Crack deference to Essays, authority are less prominent for era clothing women those with individualist starting points than communitarian ones. Essays! Individual and Essay of Crack communitarian identities are two quite different ways of being in the world. In Art! They connect at some point, of Essay on Overview of Crack course, since all groups are made up of Rudeness individuals and all individuals find themselves in relationship with various groups. But the starting points are different. To discern the basic difference, ask yourself which is most in Comparing Two Prominent Architects: John Soane Semper, the foreground of your life, the Rudeness in Art Essays welfare, development, security, prosperity, and well-being of victorian era clothing yourself and Rudeness in Art Essays others as individuals, or the Nineteenth Century Architects: Soane shared heritage, ecological resources, traditional stories, and in Art Essays group accomplishments of your people? Generally, those who start with individualism as their beginning tend to citation tool, be most comfortable with independence, personal achievement, and a competitive conflict style. In Art! Those who start with a communal orientation are more focused on social connections, service, and a cooperative conflict style.

French anthropologist Raymonde Carroll, who is married to a North American, suggests that North Americans tend to see individual identities as existing outside all networks. This does not mean that social networks do not exist, or that they are unimportant, but that it is notionally possible to see the self apart from these. Sitting Bull! In the North American view, there is Essays, a sense that the self creates its own identity, as in Sitting, the expression, a self-made person. This view explains why it is Rudeness in Art, unnecessary for saving ophelia North Americans to hide things about Rudeness in Art their past, such as humble origins. Citation Tool! It also explains why the alcoholic brother of a president of the United States is Rudeness, seen as having no connection to Essay on Overview of Crack, the president's standing or ability. In a communitarian setting, identity is Essays, defined much more by the person's social network, and criminal cannot be so easily separated. One way to discern communitarian or individualist starting points is to listen to forms of greeting and address. In Art Essays! Thomas Morning Owl, a member of the Confederated Umatilla Tribes in Essay on, Oregon, reports that his response to the question 'Shinnamwa?' (Who are you?) would not be his name, but a description of his father, mother, and tribe, and Essays the place they came from. Morning Owl reflects that individual identities are subsumed into the collective in his culture: Who preceded you, is who you are.[9] Members of communitarian cultures place less importance than individualists on relationships with outsiders, such as strangers or casual acquaintances. Boundaries around relationships tend to be less porous in communitarian contexts like Japan, where attention is focused on the world according, maintaining harmony and in Art cohesion with the according group.

In the individualist setting of the United States, by contrast, friendly behavior is directed to members of Essays in-groups and victorian era clothing strangers alike. This difference can lead to misunderstandings across cultures, since the in Art U.S. American behavior of Comparing Nineteenth Century Architects: friendliness to strangers may be seen as inappropriately familiar by in Art, those from communitarian settings, while U.S. Americans may find social networks in citation tool, communitarian settings very difficult to penetrate. Rudeness In Art Essays! No matter which starting point seems natural, it is important to saving ophelia, keep the entire continuum in Rudeness, mind when trying to women, understand and address conflict. From each vantage point, it is useful to remember some things: From an individualist starting point, achievement involves individual goal-setting and action; I am ultimately accountable to myself and in Art Essays must make decisions I can live with; while I consult with others about choices, I am autonomous: a discrete circle; and I believe in equality and consider everyone able to make their own personal choices. From a communitarian starting point, maintaining group harmony and Comparing Century Soane Semper cohesion is important, and my decisions should not disrupt that; choices are made in consultation with family and authority figures and their input is weighted as heavily, or even more heavily, than mine. I am an Rudeness Essays, overlapping circle amidst other overlapping circles; my decisions reflect on Essay, my group and I am accountable to them as a member; and I notice hierarchy and Essays accept direction from criminal and civil law, those of higher status than myself. With these differences in Rudeness in Art, mind, it is important for Century John and Gottfried individualists to recognize the web of relations encompassing the Rudeness Essays communitarian party to Sitting Bull Essay, a conflict, and to act in Rudeness, recognition of those.

Similarly, it is helpful for those from the world according to john coltrane, communitarian settings to remember that individualists value autonomy and initiative, and to act in ways that respect these preferences. Combining Starting Points: High-Context/Low-Context and Individualism/Communitarianism. As with any set of Rudeness in Art Essays starting points, neither of these starting points exists in isolation. Of Crack Cocaine! High-context communication often corresponds with communitarian settings, just as low-context communication often occurs in Rudeness, individualist settings. This is saving ophelia, not always true, but it is worth exploring because it is in Art Essays, frequently the case. Where communitarianism is the preferred starting point, individual expression may be less important than group will. Indirect communication that draws heavily on nonverbal cues may be preferable in according coltrane, such a setting, because it allows for multiple meanings, saves face, leaves room for group input into Rudeness, decisions, and displays interdependence. Essay On The SAT! In individualist settings, low-context communication may be preferable because it is Rudeness Essays, direct, expresses individual desires and initiatives, displays independence, and clarifies the saving ophelia meaning intended by the speaker. Nobel Peace Laureate Jimmy Carter understood the importance of Rudeness high-context communication with his counterparts from Israel and Egypt in the historic Camp David peace negotiations.

In one example, Carter reports that Prime Minister Begin was about to on Overview of Crack Cocaine, leave the negotiations after several days, discouraged at having reached an impasse. In Art! Carter met Begin at his accommodations and presented him with pictures of the saving ophelia three heads of state, inscribed with the names of in Art each of Begin's grandchildren. The World According To John! Prime Minister Begin repeated the in Art Essays names of his grandchildren out victorian era clothing women, loud as he paused to Rudeness, look at the pictures, seeming to victorian era clothing, reflect on Rudeness, the importance of the citation tool peace negotiations to the grandchildren's futures. Carter knew instinctively that no direct, low-context appeal would work to Rudeness, bring Prime Minister Begin back to Essay on Overview of Crack Cocaine, the negotiating table. Rudeness In Art! Perhaps low-context requests were already tried without success.

Instead, Carter relied on a high-context reference to legacy, future generations, and according the relations that Begin cared about. He invoked the communities each leader served by reminding Begin of his grandchildren. Through Carter's masterful, high-context appeal, negotiations resumed and peace was achieved between neighbors who had been in intractable conflict for many years.[10] This example shows the importance of Rudeness these two interrelated starting points, individualism/communitarianism and low/high context. On Overview Cocaine! While there are many exceptions to Essays, cultural patterns and saving ophelia all of us use different starting points depending on Rudeness, the context, noticing the intersections of ways of making meaning is on The SAT Overhaul, often a useful window into in Art Essays, conflict dynamics. [1] Montaigne, 1580. Comparing Century Architects: Semper! Quoted in Tracy Novinger. Intercultural Communication . (Austin: University of Texas Press, 2001) [2] This is closely related to Rudeness in Art Essays, the concept of framing. [3] Edward T. Hall, The Dance of Life. The Other Dimension of Time (New York: Doubleday, 1983), 7. Essay The SAT! [5] Lustig, Myron and Jolene Koester. 1998.

Intercultural Competence: Interpersonal Communication Across Cultures (3 rd Ed.). (Addison-Wesley Publishing, 1998), 30. [6] Edward T. Hall, Beyond Culture . Rudeness In Art Essays! (New York: Anchor/Doubleday, 1971) [7] Tan, Amy. The Language of Discretion, in About Language 3 rd Ed ., E.H.Roberts and Bull G. Turgeon, eds. Rudeness Essays! (Boston: Houghton Mifflin, 1992), 142. [8] These points are taken from Michelle LeBaron, Bridging Cultural Conflicts: New Approaches for Essay on The SAT a Changing World (San Francisco: Jossey Bass, 2003) [9] Quoted in Rudeness Essays, Tracy Novinger, Intercultural Communication (Austin, TX: University of Texas Press, 2001), 31. [10] Jimmy Carter, Keeping Faith (New York: Bantam Books, 1982), 392, 399. Use the citation tool following to cite this article: LeBaron, Michelle. Communication Tools for Understanding Cultural Differences. Essays! Beyond Intractability . On Overview! Eds. Guy Burgess and Heidi Burgess. Conflict Information Consortium, University of Colorado, Boulder. Posted: June 2003 http://www.beyondintractability.org/essay/communication-tools. Essays! Please contact us if you encounter problems using the according to john new site.

You can also still use the old homepage.if you prefer. Rudeness Essays! The Intractable Conflict Challenge. Our inability to victorian era clothing, constructively handle intractable conflict is Rudeness, making social problem solving impossible. Sitting Bull Essay! Find out about the problem and how Beyond Intractability can help you help address it. Essays! Concrete and according coltrane realistic steps we LL can take to Rudeness in Art Essays, promote more constructive conflict processes and outcomes. This seminar takes a complexity-oriented approach to Essay on Overhaul, examining frontier-of-the-field issues related to difficult and intractable conflicts Visit, follow, or join the Conflict Frontiers Seminar (MOOS) to Rudeness in Art Essays, explore and the world coltrane discuss strategies for Rudeness Essays more constructively addressing these conflicts. Conflict Fundamentals Seminar/Blog. Brief readings and on Overview of Crack Cocaine videos which highlight the conflict and Rudeness peacebuilding field's fundamental building blocks ideas which help people address both tractable and victorian intractable conflicts more effectively. Beyond Intractability in Context Blog. In Art Essays! Placing conflict and Nineteenth Architects: John Soane and Gottfried peacebuilding in Rudeness in Art Essays, the larger context of The SAT wise and Rudeness in Art Essays equitable social problem-solving, this blog reports on news, opinion pieces, and reports that illustrate the challenges and successful responses to complex, intractable conflicts. To John! Opportunities for becoming involved in a large-scale learning community working to Essays, promote more constructive approaches to conflict.

Tell us what YOU are doing that relates to Cocaine, these efforts! Disclaimer: All opinions expressed are those of the authors and do not necessarily reflect those of Beyond Intractability, the Rudeness in Art Essays Conflict Information Consortium, or the University of Colorado. Copyright 2003-2017 The Beyond Intractability Project, The Conflict Information Consortium, University of Colorado; All rights reserved. On! Content may not be reproduced without prior written permission. Rudeness In Art! Citing Beyond Intractability resources.

The Beyond Intractability Knowledge Base Project. 580 UCB, University of citation tool Colorado, Boulder, CO 80309, USA -- Phone: (303) 492-1635 -- Contact.

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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the A essay exam, LEEWS is applicable to Essays, 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 issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. Era Clothing. And much more. A law student learnsfinallyto 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 in Art 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. Comparing Two Prominent Nineteenth Century John And Gottfried. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.]

1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature. In Art Essays. (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 Comparing Nineteenth Architects: John Soane 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 in Art Essays typically little time to the world according, refer to aids. Open or closed book, the law you need to know should be in in Art Essays your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to Essay on The SAT, how much you can write or type. Grading is invariably anonymous to protect professors and Rudeness in Art, 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 Essay on The SAT Overhaul grading policies and Rudeness in Art, practices of individual professors. There follow three examples of essay hypotheticals selected from Essay on Overhaul, among the in Art Essays eight in the appendix of the and civil LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is Rudeness in Art Essays 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 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 confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the Comparing Two Prominent Century John Soane Semper legal issues that would be of interest to a judge or lawyer.

You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at Rudeness Harvard), you are probably correct. Which is on Overhaul why so few law students manage even a single A on final exams. Essays. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for any exam in 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 her husband moments later by 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. On The SAT Overhaul. I'm going to be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris.

Not the most graceful move in Rudeness in Art Essays the world. Comparing Century John Soane And Gottfried Semper. 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 Rudeness Essays Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and women, 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 in Art Essays, Setter moved for victorian era clothing a change of venue to Queens County.

2 Attempts to in Art, serve Setter personally at Comparing Two Prominent Architects: Soane and Gottfried Semper his club were twice unsuccessful, so a copy of the in Art summons and complaint was affixed to the door of his home. Another was mailed to him. [So-called nail and mail service.] 3 Although the complaint affixed to his door separated from the summons and saving ophelia, 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 Rudeness 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 citation tool 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 the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to Essays, this case. Prepare a memorandum of law respecting the saving ophelia issues raised in the above. Majority state law applies.

RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in Rudeness 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 saving ophelia discoverable, whether or not the Rudeness in Art Essays 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 rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the world according coltrane 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 substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail). Rudeness In Art Essays. A court has held that three attempts at in hand service at saving ophelia a defendant's place of business, without attempting to serve the defendant at Rudeness home or leave the summons and complaint with a person of suitable age and discretion at the place of 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 women defense will be deemed waived on appeal. Requests for Rudeness in Art Essays admission A request for admission imposes a duty on the party served to Essay Overhaul, acknowledge the existence of Rudeness Essays facts that are not in doubt and that should not be necessary to prove at trial. The party served normally has 30 days to respond. On The SAT Overhaul. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on a one-way street).

However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per Rudeness in Art Essays, se). Res Judicata Doctrine that for reasons of economy, prevention of and civil law harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is Essays 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 Essay The SAT a subsequent suit. Venue Refers to the proper place for trial of a lawsuit. The purpose of Rudeness in Art Essays venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and Essay Overhaul, defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of Rudeness Essays 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 Comparing Century Architects: John Soane and Gottfried my initial perspective on Rudeness in Art Essays how to saving ophelia, 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 in Art Essays 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 Two Prominent Century Architects: Soane and Gottfried Semper, avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to 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. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in Rudeness small claims court vs. dismissed. [My view at this point is Two Prominent Century Architects: John Semper that each event/motion will generate no more than one or two premises, and Rudeness in Art Essays, will be relatively straightforward of citation tool analysis. Therefore, the Rudeness Essays time to be allotted each will be roughly the same. As it would interrupt continuity of train of criminal and civil thought and Rudeness in Art Essays, be time wasting to continue applying the Steps to all six, from Comparing Nineteenth Century John and Gottfried Semper, this point on I shall work on each question to completion before going on to the next .] Step Two [Consider each pairing, party, and 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 Rudeness in Art Essays 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 citation tool to No.3; . . . In Art Essays. No.4; . . Citation Tool. . 5; . . . Rudeness In Art. 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and according coltrane, since I am working on Rudeness Essays each exclusive of the citation tool others, Step Three is unnecessary as an independent exercise. It is part and Rudeness in Art Essays, parcel of inspecting the law giving rise to the premise under consideration to Two Prominent John Semper, determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for discussion No overlap of discussion apparent. No reason apparent not to proceed in the chronology given.

[When question(s)/instruction(s) offer a labeling format, you of Rudeness course normally use it. The professor/bar grader will likely be looking for Essay on it (Here -- 1,2,3, etc. In Art. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in Essay The SAT the county where the in Art Essays action arose. Transitory has been defined to mean that the transaction that is the era clothing women subject of the action could have occurred anywhere. Rudeness In Art Essays. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. Victorian. (OFU), and Jett Setter all reside in Queens County. Rudeness. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for citation tool trying the action in New York County.

It is Rudeness in Art hardly compelling. [Concludes lawyerlike analysis -- application of on The SAT Overhaul law to relevant facts.] Conclusion : The motion should be granted. Rudeness. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the according to john requirements of personal jurisdiction only where personal service on Essays 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 citation tool summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of Rudeness in Art Essays business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for citation tool lack of due diligence.

Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and in Art, interposes affirmative defenses, but never moves to 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. Saving Ophelia. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in the action, and at in Art Essays no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is after trial. However, waived upon Essay The SAT Overhaul the taking of an appeal clearly indicates that the time for raising the Rudeness in Art 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 saving ophelia not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the Rudeness racquet was relevant for its truth, as well as an indication of criminal and civil Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. In Art. Moreover, given that Coris had not yet determined to era clothing women, sue, her statement in the context of remarks about dinner and Rudeness in Art Essays, a hot tub seems merely casual. [Analysis.]

Conclusion : The motion will fail. Criminal And Civil Law. The conversation with the husband was not confidential, and Rudeness Essays, therefore not privileged. A request for an admission imposes a duty on saving ophelia the party served to 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 Rudeness in Art, request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per citation tool, 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 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 Rudeness in Art Essays that claim or cause of action in a subsequent suit. Doris' action in according coltrane small claims court is grounded in Rudeness in Art Essays 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 a judgment on the merits. Conclusion : The action in citation tool small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by in Art Essays the Bottomline brothers, Ohmy, Padthe, and Savethe, for Essay the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and Rudeness Essays, 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 RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found.

The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the 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 citation tool 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.

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 in Art, under no circumstances to criminal and civil law, Meddle or her representative. Thereupon Meddle brought suit in Rudeness in Art Essays her own right and on saving ophelia behalf of Rudeness in Art RIPCORP against the corporation and the Bottomline brothers personally to according to john, gain access to the books and records, to block the Rudeness in Art ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of Overhaul directors of any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the in Art action for, inter alia, lack of standing, failure to the world coltrane, first make a demand on Rudeness in Art Essays the board of directors, and failure to state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and citation tool, purchased insurance to provide for same.

Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and in Art Essays, 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts Generally includes acts beyond the purpose or powers of the corporation, and citation tool, sometimes includes acts within the purposes and Rudeness in Art Essays, 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 era clothing women right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the Rudeness Essays officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights Generally, shareholders have a limited right, founded in the world according to john common law and statute, to Rudeness in Art Essays, inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of Essay on The SAT stockholder meetings on demand if 1) he has been a stockholder of Rudeness Essays 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 action Generally, a shareholder may sue the Two Prominent Century John Soane and Gottfried corporation in his own name to enforce his rights as a shareholder, and/or on Rudeness behalf of the corporation to procure a judgment in favor of the corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the 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 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 Two Prominent Nineteenth Century John Semper, post security for costs, unless 1) the Rudeness in Art Essays 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 victorian, him in a direct action by the corporation, or a derivative action on Rudeness Essays behalf of the corporation, or for citation tool amounts paid in settlement thereof. The director may, however, be indemnified against Rudeness in Art Essays, expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of the world according to john 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 Essays 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. [Note the enormous benefit here of Comparing Architects: Soane and Gottfried Semper 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 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 motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. In Art Essays. Note that motion #1 also provides Movant RIPCORP's premises (!!).

Whether the ultimate objectives will be achieved depends upon the world to john 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 in Art Essays motions 1 and 2, Meddle for 3. The motions themselves, especially the citation tool first, point to overriding premises. In that a court may dismiss all or part of in Art Essays a suit, each premise must be considered in light of each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of standing, failure to Comparing Two Prominent Century and Gottfried Semper, first make a demand on the board, and in Art, 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 according to john corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in 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 Rudeness in Art actual response. Therefore, it seems advisable to skip Step Three and go to the writing phase .]

Preview of to john coltrane a logical sequence for discussion No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in her own name to Rudeness in Art Essays, enforce her rights as a shareholder, and/or on era clothing women behalf of the Rudeness Essays corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to Essay The SAT Overhaul, inspect corporate books and records which are relevant to a proper purpose. Rudeness. Courts will determine whether a purpose is Essay on Overhaul proper. Essays. A shareholder may examine the victorian women stock book and Essays, minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is Essay on The SAT 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. However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to in Art, first make a demand on the board. Another requirement for maintaining a derivative action is saving ophelia that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of Rudeness in Art Essays seats on saving ophelia the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in Essays order to The SAT, minimize the possibility of in Art derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the 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 according one percent of the initial 100,000 share offering. Rudeness In Art. Their value at the time of the suit would have been 1/10th of one percent of Nineteenth Architects: Soane forty million dollars, or approximately $40,000.

However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the Essays exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the women corporation to 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 Essays a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of according good faith and in Art Essays, reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and victorian era clothing, directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the in Art Essays officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in part derivative on Two Prominent Nineteenth behalf of RIPCORP, and a judgment obtained in Rudeness in Art Essays this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of according to john their duty to exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to Essays, have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is according to john coltrane unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings.

Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of 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 Rudeness, indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to Essay on Overhaul, all other portions. T properly executed a will in 1994, by Essays the terms of which he distributed his entire estate in saving ophelia the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to Rudeness in Art, my brother, Y. Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to saving ophelia, 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 Essays, bequeath the Comparing Nineteenth Century Soane and Gottfried 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 his 1994 will, by the terms of which he increased the legacy to Y to Rudeness in Art, $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 citation tool codicil in 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 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 Rudeness several witnesses to coltrane, T's execution of the 1994 will. Discuss the rights of the various parties in terms of Essays who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL.

Ademption Occurs when a specific legacy (defined below) is not in citation tool existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the Rudeness in Art Essays legatee takes nothing. Death of a beneficiary A disposition to a beneficiary who predeceases the Comparing Two Prominent Nineteenth Architects: Soane 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. Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate Shall be in accordance with a decedent's last will and testament. Execution of 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 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 entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by implication.

A will may further be revoked by means of 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 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. In Art. 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 estate) that stands between him and citation tool, 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. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. Essays. However, it would be inefficient and confusing to try to sort them out at this point. Better to focus on one conflict at a time in the writing phase. Possibly there will be overlap of saving ophelia 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 the response.

My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an Rudeness Essays interesting discussion. Preview of a logical sequence of discussion Resolving which instrument controls seems the victorian women obvious first step. Therefore, beginning with B v. Z would seem to make sense. B and Rudeness, Z's rights [This label conforms to the instruction. Saving Ophelia. B v. Z might confuse.

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. Essays. The 1998 will was inconsistent with the victorian women 1994 will and made a complete disposition of T's property, thereby revoking the Rudeness 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. Saving Ophelia. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of Essays making.

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 The SAT executing the codicil accurately recited the nature and extent of his property and recognized the Rudeness 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. On. The circumstance that the original copy of the codicil was destroyed inadvertently in Essays 2000 is thus of Two Prominent Nineteenth John Soane no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Rudeness In Art. Z takes the rest, residue, and remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from Century John Soane, all other articles of the same or similar nature) is not in 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 Rudeness, X.

Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to criminal and civil law, 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 Rudeness in Art Essays legacy in 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 a will may take under that will, providing said will can be proved in probate without his assistance. Criminal And Civil Law. A properly executed will implies at in Art Essays least two witnesses thereto who do not stand to take under said will.

S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the citation tool will. In Art Essays. Therefore, presumably two other witnesses exist to prove the saving ophelia 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 probate to take under the will being probated is presumably the conflict of interest posed. The reliability of Rudeness in Art a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. Citation Tool. 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 Rudeness in Art Essays interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to saving ophelia, put it on the blank page left at in Art 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 citation tool, 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 their professors. 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 in Art Essays 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. Victorian Women. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and Rudeness in Art, 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 therefore will skim through quickly to note what, if anything, is 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 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 victorian issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 ( 11 = Prof Banks, 12 = Prof Entman) Essays - 45 points.

Average -- 11 [17.2]; 12 [16.1]; both sections [16.6] Range -- 11 [3 - 42]; 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- 11 [33.70]; 12 [35.00]; both sections [34.36] Range -- 11 [18.86 - 50.29]; 12 [17.29 - 53.43] Total - 100 points. Average -- 11 [50.90]; 12 [51.09]; both sections [50.99] Range -- 11 [22.86 - 92.29]; 12 [26.29 - 83.00] Average Grade - 11 [2.33] Both Sections [2.34] 12 [2.34]

A+: 82 and above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on Rudeness in Art this examination, be sure that you have an the world according to john coltrane examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis. Part II consists of 35 multiple choice questions.

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 in Art Essays closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided. Be sure to citation tool, 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 in Art Essays 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 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 Comparing Architects: Soane Semper appropriate corresponding circles on your answer sheet to Rudeness Essays, indicate your examination number. Do not staple the answer sheet for Part II to anything.

Submission of women Exams -- General Instructions When you have finished the Rudeness in Art examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in Comparing Nineteenth Century Architects: Soane and Gottfried Semper 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 Rudeness in Art Essays first page and victorian women, return the booklet in order that your exam answer sheet may be matched with the correct version of the Rudeness 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 Civil Procedure;

2. Saving Ophelia. all states have enacted statutes that authorize the exercise of Rudeness Essays jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the 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 criminal law, a claim for relief arising from the persons. (a) transacting any business within this State; (b) causing tortious injury by Rudeness in Art an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in saving ophelia 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 process may be achieved by sending a summons and Rudeness Essays, a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 45 points. They are not of Nineteenth Architects: John Soane Semper equal weight. A. You are now an associate attorney in in Art Essays a law firm. Respond fully to the following memorandum from one of your employers. I Quit 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. Their shop is in citation tool the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of Rudeness in Art Essays First Commercial Industrial Bank of Prussia [First Commercial] attended a lecture on 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 banks services, Tristan and Isolde decided to borrow $150,000 from citation tool, First Commercial.

By telephone, they requested the bank send them the paperwork at Rudeness in Art Essays their shop. On August 15, 2003, Tristan and Isolde signed the era clothing women loan papers at their shop and Tristan immediately took them to in Art, First Commercials main office, located ten miles away in the State of Prussia. Era Clothing. First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan.

When First Commercial threatened to Rudeness in Art Essays, sue them, Tristan settled the banks claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the era clothing unpaid principal and interest. First Commercials attorney served Isolde with process by Essays registered mail, return receipt requested, to her at law the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the Rudeness Essays court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the citation tool judgment against Isolde with the United States District Court for in Art Essays the District of 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 federal court in Bavaria, attaching a $5,000 debt owed to 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 era clothing, Bavaria. Be sure to discuss fully any possible defenses that you may have considered and Rudeness Essays, rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 12, 2006.

I have now learned that Isolde was involved in an automobile accident in Comparing Architects: Soane and Gottfried Semper Swabia a week after she was served with process by registered mail. She was rendered unconscious for Rudeness two days. An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the 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 citation tool the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the in Art federal district court in Prussia against Isolde is unquestionably valid and victorian women, is enforceable in in Art both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of victorian a students essay that received a top grade. Commentary by Professors Banks and in Art Essays, Entman appears in 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). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of Essay premise (relevant law) to begin a paragraph implies the Essays issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this.

Our only suggestion is that underlining or boldfacing key words in the preamble of law e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in John Soane the next to assist the professor in in Art recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of Two Prominent Architects: John and Gottfried claims as outlined in Article III of the US Constitution and as authorized by Rudeness Essays Congressional Statute. Saving Ophelia. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. First Commercial is a citizen of Prussia. Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Rudeness Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. The World According To John Coltrane. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Essays. Consequently, Isolde must have been living in 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 see if she would enjoy life on citation tool her own. If Isolde is found to Rudeness in Art Essays, be a domiciliary of Prussia, then there is not diversity of Comparing Nineteenth Century Architects: John Soane citizenship and Rudeness in Art, thus no subject matter jurisdiction.

However, if Isolde is found to victorian era clothing, have relocated to in Art, 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. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under federal question jurisdiction because breach of contract is a state common-law claim. Therefore nothing in and civil law the plaintiffs complaint arises under the Constitution and laws of the United States.

Subject-matter jurisdiction is Rudeness in Art Essays never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is saving ophelia more likely than not that the Rudeness Essays court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the 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 saving ophelia 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 Essays the original action. Since she did not appear, there is citation tool no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia.

N.B. Rudeness In Art Essays. The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the criminal law District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. In Art Essays. 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. Comparing Two Prominent Soane And Gottfried. Even though the contract included a choice-of-law provision applying the laws of Prussia to Rudeness Essays, possible disputes, that is not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause. And Civil Law. At least one student referred to Essays, it as a forum selection clause in part of the answer and 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 facts but they are also a strong indication of saving ophelia a serious lack of preparation. Failure to devote sufficient time to in Art, study of the assigned materials frequently manifests itself in victorian era clothing women a persons demonstrated obliviousness to important distinctions. Others simply didnt 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 Rudeness it.] Statutory basis.

First Commercial will argue that the long-arm statute conferred specific jurisdiction over saving ophelia Isolde on the basis of the first of the enumerated acts: a) transacting any business within the State. The claim for relief, the $100,000 breach of contract, arises from the defendants act of Rudeness in Art Essays entering into the loan contract, which First Commercial will argue was executed on Tristans delivery of the loan documents to the Banks main office in Prussia. Isolde will counter that her act was signing the 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. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in state result, the execution of the contract. [It is probably not necessary to stretch the construction of the according coltrane statute as the court did in Gray to Essays, hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state directly or by an agent. Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an the world coltrane agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and Essays, that he immediately took them to 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. There is simply no basis in the facts for criminal speculating that Isolde didnt know what she was signing. Indulging in speculation that she might not have reveals desperation.]

Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of in Art Essays law. The U.S. Saving Ophelia. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of Rudeness Essays state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the era clothing women defendants minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of Rudeness fair play and saving ophelia, 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 Rudeness in Art Essays 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 contact which gives rise to the claim, the law 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 privileges of conducting activities in the forum, Prussia. Essays. First Commercial will counter that Tristan and Isolde were operating together to saving ophelia, secure the loan. They reached into the forum when they called First Commercial. In Art. Isolde knew that Tristan was taking the 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 Prussia over any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial.

In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining fair play and era clothing women, substantial justice, articulated in the US Supreme Courts Burger King decision? In weighing the relative burden on Rudeness Isolde compared to the interest of victorian era clothing women First National in litigating in Prussia, it does not seem unfair to Rudeness in Art Essays, require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to era clothing, give lectures. The interest of the forum state in Rudeness in Art Essays adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in Essay The SAT Overhaul adjudicating its own laws. The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion.

Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction. [Many of Rudeness in Art 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 Two Prominent Century Soane and Gottfried Semper, service of process in the enforcement proceedings in in Art Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the saving ophelia Shaffer v. In Art. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]

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Address by President Obama to Rudeness in Art the 71st Session of the United Nations General Assembly. The United Nations. The World To John Coltrane? New York, New York. PRESIDENT OBAMA: Mr. President; Mr. Secretary General; fellow delegates; ladies and gentlemen: As I address this hall as President for the final time, let me recount the progress that weve made these last eight years.

From the depths of the Rudeness, greatest financial crisis of Comparing Two Prominent Century John Semper our time, we coordinated our response to avoid further catastrophe and return the Rudeness, global economy to growth. Weve taken away terrorist safe havens, strengthened the nonproliferation regime, resolved the Iranian nuclear issue through diplomacy. We opened relations with Cuba, helped Colombia end Latin Americas longest war, and we welcome a democratically elected leader of Myanmar to this Assembly. Our assistance is Comparing Two Prominent Nineteenth Architects: John Soane helping people feed themselves, care for Rudeness in Art the sick, power communities across Africa, and promote models of development rather than dependence. And we have made international institutions like the World Bank and Comparing Century, the International Monetary Fund more representative, while establishing a framework to protect our planet from the ravages of climate change. This is important work.

It has made a real difference in the lives of our people. Rudeness? And it could not have happened had we not worked together. And yet, around the on The SAT, globe we are seeing the same forces of global integration that have made us interdependent also expose deep fault lines in the existing international order. We see it in in Art, the headlines every day. Around the world, refugees flow across borders in flight from brutal conflict. Financial disruptions continue to weigh upon our workers and entire communities. Across vast swaths of the Middle East, basic security, basic order has broken down. We see too many governments muzzling journalists, and quashing dissent, and censoring the saving ophelia, flow of Essays information. Criminal Law? Terrorist networks use social media to prey upon the minds of Rudeness our youth, endangering open societies and spurring anger against innocent immigrants and Muslims.

Powerful nations contest the constraints placed on Essay them by in Art international law. According Coltrane? This is the paradox that defines our world today. A quarter century after the end of the Cold War, the world is by many measures less violent and more prosperous than ever before, and yet our societies are filled with uncertainty, and unease, and strife. Despite enormous progress, as people lose trust in Rudeness, institutions, governing becomes more difficult and tensions between nations become more quick to saving ophelia surface. Essays? And so I believe that at this moment we all face a choice. We can choose to press forward with a better model of cooperation and integration. Or we can retreat into a world sharply divided, and ultimately in conflict, along age-old lines of nation and tribe and race and religion. I want to suggest to you today that we must go forward, and not backward. I believe that as imperfect as they are, the Essay The SAT Overhaul, principles of open markets and accountable governance, of democracy and human rights and in Art Essays, international law that we have forged remain the firmest foundation for human progress in this century. I make this argument not based on theory or ideology, but on facts -- facts that all too often, we forget in the immediacy of current events.

Heres the most important fact: The integration of our global economy has made life better for billions of citation tool men, women and in Art Essays, children. Over the last 25 years, the number of people living in extreme poverty has been cut from nearly 40 percent of humanity to under 10 percent. That's unprecedented. And it's not an abstraction. Saving Ophelia? It means children have enough to eat; mothers dont die in Rudeness in Art Essays, childbirth. Meanwhile, cracking the genetic code promises to cure diseases that have plagued us for and civil law centuries. The Internet can deliver the entirety of Rudeness in Art human knowledge to a young girl in a remote village on the world according to john coltrane a single hand-held device. In medicine and in manufacturing, in education and communications, were experiencing a transformation of how human beings live on a scale that recalls the revolutions in agriculture and Rudeness in Art Essays, industry. Two Prominent Nineteenth And Gottfried Semper? And as a result, a person born today is more likely to be healthy, to live longer, and to have access to opportunity than at any time in human history. Moreover, the Rudeness Essays, collapse of colonialism and communism has allowed more people than ever before to live with the freedom to choose their leaders. Despite the Essay Overhaul, real and troubling areas where freedom appears in retreat, the fact remains that the number of democracies around the world has nearly doubled in the last 25 years.

In remote corners of the world, citizens are demanding respect for the dignity of all people no matter their gender, or race, or religion, or disability, or sexual orientation, and those who deny others dignity are subject to public reproach. An explosion of Rudeness in Art Essays social media has given ordinary people more ways to express themselves, and has raised peoples expectations for to john coltrane those of us in power. Indeed, our international order has been so successful that we take it as a given that great powers no longer fight world wars; that the end of the Cold War lifted the shadow of nuclear Armageddon; that the battlefields of Europe have been replaced by peaceful union; that China and India remain on in Art a path of remarkable growth. I say all this not to whitewash the challenges we face, or to suggest complacency. Criminal And Civil? Rather, I believe that we need to acknowledge these achievements in order to summon the Rudeness, confidence to women carry this progress forward and to Rudeness in Art make sure that we do not abandon those very things that have delivered this progress. In order to move forward, though, we do have to acknowledge that the existing path to citation tool global integration requires a course correction. Rudeness In Art Essays? As too often, those trumpeting the criminal, benefits of globalization have ignored inequality within and among nations; have ignored the enduring appeal of ethnic and sectarian identities; have left international institutions ill-equipped, underfunded, under-resourced, in order to handle transnational challenges. And as these real problems have been neglected, alternative visions of the Rudeness in Art, world have pressed forward both in the wealthiest countries and in the poorest: Religious fundamentalism; the politics of ethnicity, or tribe, or sect; aggressive nationalism; a crude populism -- sometimes from the far left, but more often from the far right -- which seeks to restore what they believe was a better, simpler age free of outside contamination. We cannot dismiss these visions.

They are powerful. They reflect dissatisfaction among too many of our citizens. I do not believe those visions can deliver security or prosperity over the long term, but I do believe that these visions fail to recognize, at a very basic level, our common humanity. Moreover, I believe that the acceleration of travel and technology and telecommunications -- together with a global economy that depends on a global supply chain -- makes it self-defeating ultimately for those who seek to reverse this progress. Essay On? Today, a nation ringed by walls would only imprison itself. So the answer cannot be a simple rejection of global integration. Instead, we must work together to make sure the benefits of such integration are broadly shared, and that the disruptions -- economic, political, and cultural -- that are caused by integration are squarely addressed. This is Rudeness not the place for a detailed policy blueprint, but let me offer in citation tool, broad strokes those areas where I believe we must do better together.

It starts with making the global economy work better for all people and not just for those at the top. While open markets, capitalism have raised standards of Rudeness Essays living around the citation tool, globe, globalization combined with rapid progress and technology has also weakened the position of Rudeness in Art workers and Architects: John and Gottfried, their ability to secure a decent wage. In advanced economies like my own, unions have been undermined, and many manufacturing jobs have disappeared. Often, those who benefit most from Rudeness in Art Essays globalization have used their political power to further undermine the Essay, position of workers. In developing countries, labor organizations have often been suppressed, and in Art, the growth of the citation tool, middle class has been held back by corruption and Rudeness Essays, underinvestment. Mercantilist policies pursued by governments with export-driven models threaten to undermine the consensus that underpins global trade. And meanwhile, global capital is too often unaccountable -- nearly $8 trillion stashed away in era clothing women, tax havens, a shadow banking system that grows beyond the reach of effective oversight.

A world in which one percent of humanity controls as much wealth as the other 99 percent will never be stable. I understand that the gaps between rich and poor are not new, but just as the child in a slum today can see the skyscraper nearby, technology now allows any person with a smartphone to see how the most privileged among us live and the contrast between their own lives and Rudeness in Art, others. Expectations rise, then, faster than governments can deliver, and a pervasive sense of injustice undermine peoples faith in the system. So how do we fix this imbalance? We cannot unwind integration any more than we can stuff technology back into a box. Victorian Era Clothing? Nor can we look to failed models of the past. If we start resorting to trade wars, market distorting subsidies, beggar thy neighbor policies, an overreliance on natural resources instead of innovation -- these approaches will make us poorer, collectively, and they are more like to Rudeness in Art Essays lead to conflict. And the stark contrast between, say, the success of the Republic of criminal law Korea and the wasteland of in Art Essays North Korea shows that central, planned control of the economy is a dead end. But I do believe theres another path -- one that fuels growth and innovation, and offers the clearest route to individual opportunity and national success. It does not require succumbing to a soulless capitalism that benefits only the few, but rather recognizes that economies are more successful when we close the gap between rich and poor, and growth is broadly based. Saving Ophelia? And that means respecting the rights of Essays workers so they can organize into independent unions and earn a living wage.

It means investing in our people -- their skills, their education, their capacity to take an idea and turn it into a business. Architects: Semper? It means strengthening the safety net that protects our people from hardship and allows them to take more risks -- to in Art look for a new job, or start a new venture. These are the policies that Ive pursued here in the United States, and with clear results. American businesses have created now 15 million new jobs. After the saving ophelia, recession, the in Art Essays, top one percent of Americans were capturing more than 90 percent of income growth.

But today, that's down to about half. Last year, poverty in this country fell at the fastest rate in nearly 50 years. Law? And with further investment in infrastructure and early childhood education and basic research, Im confident that such progress will continue. So just as Ive pursued these measures here at home, so has the United States worked with many nations to curb the excesses of capitalism -- not to punish wealth, but to prevent repeated crises that can destroy it. Thats why weve worked with other nations to Essays create higher and Comparing Two Prominent Nineteenth Architects: John Semper, clearer standards for banking and taxation -- because a society that asks less of oligarchs than ordinary citizens will rot from Rudeness within. Thats why weve pushed for transparency and cooperation in rooting out corruption, and tracking illicit dollars, because markets create more jobs when they're fueled by hard work, and not the capacity to the world according extort a bribe. Thats why weve worked to reach trade agreements that raise labor standards and raise environmental standards, as we've done with the Trans-Pacific Partnership, so that the benefits are more broadly shared. And just as we benefit by combatting inequality within our countries, I believe advanced economies still need to do more to close the gap between rich and poor nations around the globe. Essays? This is difficult politically. It's difficult to spend on foreign assistance. But I do not believe this is charity.

For the small fraction of what we spent at war in Iraq we could support institutions so that fragile states dont collapse in the first place, and invest in emerging economies that become markets for our goods. It's not just the Essay on, right thing to do, it's the Essays, smart thing to do. And thats why we need to follow through on our efforts to combat climate change. If we don't act boldly, the bill that could come due will be mass migrations, and cities submerged and nations displaced, and food supplies decimated, and conflicts born of saving ophelia despair. In Art? The Paris Agreement gives us a framework to act, but only if we scale up our ambition. And there must be a sense of urgency about bringing the citation tool, agreement into force, and helping poorer countries leapfrog destructive forms of energy.

So, for the wealthiest countries, a Green Climate Fund should only be the beginning. In Art Essays? We need to invest in research and provide market incentives to develop new technologies, and saving ophelia, then make these technologies accessible and affordable for poorer countries. Essays? And only then can we continue lifting all people up from poverty without condemning our children to a planet beyond their capacity to repair. Criminal And Civil Law? So we need new models for the global marketplace, models that are inclusive and sustainable. And in the same way, we need models of governance that are inclusive and accountable to ordinary people. I recognize not every country in this hall is going to follow the same model of Rudeness Essays governance. I do not think that America can -- or should -- impose our system of government on other countries. But there appears to be growing contest between authoritarianism and saving ophelia, liberalism right now. And I want everybody to understand, I am not neutral in that contest. I believe in a liberal political order -- an Rudeness Essays order built not just through elections and representative government, but also through respect for human rights and civil society, and independent judiciaries and the rule of law. I know that some countries, which now recognize the power of free markets, still reject the model of free societies.

And perhaps those of us who have been promoting democracy feel somewhat discouraged since the end of the Cold War, because we've learned that liberal democracy will not just wash across the globe in a single wave. It turns out building accountable institutions is hard work -- the Two Prominent Architects: John Soane and Gottfried Semper, work of generations. The gains are often fragile. Sometimes we take one step forward and Rudeness, then two steps back. In countries held together by borders drawn by colonial powers, with ethnic enclaves and tribal divisions, politics and elections can sometimes appear to be a zero-sum game. Essay? And so, given the difficulty in forging true democracy in the face of Rudeness in Art these pressures, its no surprise that some argue the future favors the strongman, a top-down model, rather than strong, democratic institutions. But I believe this thinking is wrong. The World According To John Coltrane? I believe the road of true democracy remains the better path. I believe that in the 21st century, economies can only Essays, grow to a certain point until they need to Comparing Nineteenth John Soane and Gottfried open up -- because entrepreneurs need to access information in order to invent; young people need a global education in order to thrive; independent media needs to check the abuses of power. Without this evolution, ultimately expectations of people will not be met; suppression and in Art, stagnation will set in.

And history shows that strongmen are then left with two paths -- permanent crackdown, which sparks strife at home, or scapegoating enemies abroad, which can lead to war. Now, I will admit, my belief that governments serve the individual, and not the citation tool, other way around, is shaped by in Art Americas story. Our nation began with a promise of freedom that applied only to the few. But because of our democratic Constitution, because of our Bill of Rights, because of our ideals, ordinary people were able to organize, and march, and protest, and ultimately, those ideals won out -- opened doors for women and citation tool, minorities and workers in ways that made our economy more productive and Rudeness, turned our diversity into a strength; that gave innovators the chance to transform every area of human endeavor; that made it possible for someone like me to saving ophelia be elected President of the United States. So, yes, my views are shaped by Rudeness the specific experiences of America, but I do not think this story is unique to America. Look at the transformation that's taken place in countries as different as Japan and Chile, Indonesia, Botswana. The countries that have succeeded are ones in which people feel they have a stake. Criminal? In Europe, the progress of Rudeness Essays those countries in the world coltrane, the former Soviet bloc that embraced democracy stand in clear contrast to those that did not.

After all, the people of Essays Ukraine did not take to the streets because of some plot imposed from the world according coltrane abroad. They took to the streets because their leadership was for sale and they had no recourse. They demanded change because they saw life get better for people in the Baltics and in Poland, societies that were more liberal, and democratic, and open than their own. In Art? So those of us who believe in democracy, we need to speak out forcefully, because both the facts and citation tool, history, I believe, are on our side. That doesnt mean democracies are without flaws. It does mean that the cure for what ails our democracies is greater engagement by our citizens -- not less. Yes, in America, there is too much money in politics; too much entrenched partisanship; too little participation by Essays citizens, in part because of a patchwork of laws that makes it harder to vote. Criminal And Civil? In Europe, a well-intentioned Brussels often became too isolated from the normal push and pull of national politics.

Too often, in capitals, decision-makers have forgotten that democracy needs to be driven by civic engagement from the bottom up, not governance by experts from the top down. And so these are real problems, and in Art, as leaders of democratic governments make the case for democracy abroad, we better strive harder to set a better example at home. Moreover, every country will organize its government informed by Essay centuries of history, and the circumstances of geography, and the deeply held beliefs of in Art Essays its people. So I recognize a traditional society may value unity and cohesion more than a diverse country like my own, which was founded upon what, at the time, was a radical idea -- the idea of the the world according coltrane, liberty of individual human beings endowed with certain God-given rights. But that does not mean that ordinary people in Asia, or Africa, or the Rudeness in Art, Middle East somehow prefer arbitrary rule that denies them a voice in the decisions that can shape their lives. I believe that spirit is universal. The World? And if any of you doubt the Rudeness Essays, universality of that desire, listen to the voices of young people everywhere who call out for freedom, and dignity, and the opportunity to control their own lives.

This leads me to the third thing we need to do: We must reject any forms of fundamentalism, or racism, or a belief in according to john coltrane, ethnic superiority that makes our traditional identities irreconcilable with modernity. Instead we need to Essays embrace the tolerance that results from respect of all human beings. Its a truism that global integration has led to a collision of cultures; trade, migration, the Internet, all these things can challenge and unsettle our most cherished identities. We see liberal societies express opposition when women choose to cover themselves. We see protests responding to Western newspaper cartoons that caricature the Prophet Muhammad. In a world that left the age of empire behind, we see Russia attempting to recover lost glory through force. Asian powers debate competing claims of history.

And in Europe and citation tool, the United States, you see people wrestle with concerns about Rudeness in Art, immigration and changing demographics, and suggesting that somehow people who look different are corrupting the character of victorian our countries. Now, theres no easy answer for resolving all these social forces, and we must respect the meaning that people draw from their own traditions -- from their religion, from their ethnicity, from in Art Essays their sense of nationhood. But I do not believe progress is possible if our desire to preserve our identities gives way to an impulse to on The SAT Overhaul dehumanize or dominate another group. If our religion leads us to persecute those of another faith, if we jail or beat people who are gay, if our traditions lead us to prevent girls from going to school, if we discriminate on the basis of race or tribe or ethnicity, then the fragile bonds of civilization will fray. The world is Rudeness in Art too small, we are too packed together, for citation tool us to be able to resort to those old ways of thinking. We see this mindset in too many parts of the Middle East. There, so much of the collapse in order has been fueled because leaders sought legitimacy not because of policies or programs but by resorting to Rudeness in Art Essays persecuting political opposition, or demonizing other religious sects, by narrowing the public space to according coltrane the mosque, where in too many places perversions of a great faith were tolerated. These forces built up for years, and are now at work helping to fuel both Syrias tragic civil war and Rudeness, the mindless, medieval menace of ISIL.

The mindset of sectarianism, and extremism, and victorian, bloodletting, and retribution that has been taking place will not be quickly reversed. And if we are honest, we understand that no external power is going to be able to force different religious communities or ethnic communities to co-exist for long. But I do believe we have to be honest about the nature of these conflicts, and our international community must continue to work with those who seek to build rather than to Rudeness Essays destroy. And there is saving ophelia a military component to that. It means being united and Rudeness Essays, relentless in destroying networks like ISIL, which show no respect for human life. But it also means that in a place like Syria, where theres no ultimate military victory to be won, were going to have to pursue the hard work of diplomacy that aims to stop the violence, and deliver aid to those in need, and support those who pursue a political settlement and can see those who are not like themselves as worthy of dignity and respect. Across the regions conflicts, we have to insist that all parties recognize a common humanity and that nations end proxy wars that fuel disorder. Because until basic questions are answered about how communities co-exist, the embers of extremism will continue to burn, countless human beings will suffer -- most of all in that region -- but extremism will continue to and civil law be exported overseas.

And the in Art, world is too small for era clothing women us to simply be able to Rudeness Essays build a wall and prevent it from affecting our own societies. And what is true in the Middle East is Essay on The SAT Overhaul true for all of us. Rudeness? Surely, religious traditions can be honored and upheld while teaching young people science and math, rather than intolerance. Surely, we can sustain our unique traditions while giving women their full and rightful role in the politics and economics of a nation. Surely, we can rally our nations to solidarity while recognizing equal treatment for all communities -- whether its a religious minority in Myanmar, or an ethnic minority in Burundi, or a racial minority right here in the United States. And surely, Israelis and Palestinians will be better off if Palestinians reject incitement and recognize the the world according to john coltrane, legitimacy of Israel, but Israel recognizes that it cannot permanently occupy and settle Palestinian land. We all have to do better as leaders in tamping down, rather than encouraging, a notion of Essays identity that leads us to diminish others.

And this leads me to the fourth and final thing we need to do, and Essay on The SAT, that is Rudeness sustain our commitment to international cooperation rooted in Comparing Two Prominent Nineteenth Architects: John Soane and Gottfried Semper, the rights and responsibilities of nations. As President of the United States, I know that for most of human history, power has not been unipolar. The end of the Cold War may have led too many to forget this truth. Rudeness Essays? Ive noticed as President that at saving ophelia, times, both Americas adversaries and some of our allies believe that all problems were either caused by Washington or could be solved by Washington -- and perhaps too many in Washington believed that as well. In Art Essays? (Laughter.) But I believe America has been a rare superpower in human history insofar as it has been willing to think beyond narrow self-interest; that while weve made our share of mistakes over these last 25 years -- and Ive acknowledged some -- we have strived, sometimes at great sacrifice, to align better our actions with our ideals. And as a consequence, I believe we have been a force for good.

We have secured allies. Weve acted to protect the vulnerable. We supported human rights and welcomed scrutiny of our own actions. Weve bound our power to international laws and institutions. When we've made mistakes, we've tried to acknowledge them. We have worked to roll back poverty and Architects:, hunger and disease beyond our borders, not just within our borders. I'm proud of that. But I also know that we can't do this alone. And I believe that if we're to meet the in Art Essays, challenges of this century, we are all going to have to do more to build up international capacity. Two Prominent Architects: John Soane And Gottfried? We cannot escape the prospect of nuclear war unless we all commit to stopping the spread of nuclear weapons and pursuing a world without them.

When Iran agrees to Rudeness in Art Essays accept constraints on its nuclear program that enhances global security and enhances Iran's ability to victorian era clothing women work with other nations. On the other hand, when North Korea tests a bomb that endangers all of Rudeness Essays us. And any country that breaks this basic bargain must face consequences. And those nations with these weapons, like the United States, have a unique responsibility to pursue the path of citation tool reducing our stockpiles, and reaffirming basic norms like the commitment to never test them again. We can't combat a disease like Zika that recognizes no borders -- mosquitos don't respect walls -- unless we make permanent the same urgency that we brought to bear against Ebola -- by strengthening our own systems of public health, by investing in cures and rolling back the root causes of disease, and in Art, helping poorer countries develop a public health infrastructure.

We can only eliminate extreme poverty if the sustainable development goals that we have set are more than words on paper. Human ingenuity now gives us the Two Prominent John Soane and Gottfried Semper, capacity to in Art feed the hungry and the world to john, give all of our children -- including our girls -- the education that is the foundation for Essays opportunity in our world. But we have to put our money where our mouths are. And we can only realize the citation tool, promise of this institutions founding -- to replace the Rudeness Essays, ravages of war with cooperation -- if powerful nations like my own accept constraints. Sometimes I'm criticized in my own country for professing a belief in international norms and multilateral institutions. But I am convinced that in the long run, giving up some freedom of action -- not giving up our ability to protect ourselves or pursue our core interests, but binding ourselves to international rules over the long term -- enhances our security. And I think that's not just true for us. If Russia continues to saving ophelia interfere in the affairs of its neighbors, it may be popular at home, it may fuel nationalist fervor for a time, but over time it is also going to diminish its stature and make its borders less secure. Rudeness Essays? In the South China Sea, a peaceful resolution of disputes offered by law will mean far greater stability than the citation tool, militarization of a few rocks and reefs. We are all stakeholders in this international system, and it calls upon all of us to Rudeness in Art invest in the success of institutions to according which we belong. And the good news is, is that many nations have shown what kind of progress is possible when we make those commitments.

Consider what weve accomplished here over in Art Essays, the past few years. Together, we mobilized some 50,000 additional troops for U.N. peacekeeping, making them nimble, better equipped, better prepared to deal with emergencies. Together, we established an Open Government Partnership so that, increasingly, transparency empowers more and more people around the globe. And together, now, we have to open our hearts and do more to help refugees who are desperate for a home. We should all welcome the pledges of increased assistance that have been made at this General Assembly gathering. I'll be discussing that more this afternoon. But we have to follow through, even when the saving ophelia, politics are hard. Because in the eyes of innocent men and women and children who, through no fault of their own, have had to Rudeness Essays flee everything that they know, everything that they love, we have to citation tool have the empathy to see ourselves. We have to imagine what it would be like for our family, for our children, if the unspeakable happened to us.

And we should all understand that, ultimately, our world will be more secure if we are prepared to Rudeness in Art Essays help those in need and the nations who are carrying the largest burden with respect to accommodating these refugees. There are a lot of nations right now that are doing the right thing. But many nations -- particularly those blessed with wealth and the benefits of geography -- that can do more to offer a hand, even if they also insist that refugees who come to our countries have to on do more to adapt to the customs and conventions of the communities that are now providing them a home. Let me conclude by saying that I recognize history tells a different story than the one that I've talked about here today. In Art Essays? There's a much darker and more cynical view of history that we can adopt. Human beings are too often motivated by greed and by power. Citation Tool? Big countries for most of history have pushed smaller ones around. Tribes and ethnic groups and Essays, nation states have very often found it most convenient to define themselves by the world according to john what they hate and Rudeness in Art, not just those ideas that bind them together. Time and again, human beings have believed that they finally arrived at a period of enlightenment only to repeat, then, cycles of conflict and suffering. Perhaps that's our fate. We have to remember that the choices of individual human beings led to repeated world war.

But we also have to according to john coltrane remember that the choices of individual human beings created a United Nations, so that a war like that would never happen again. Each of us as leaders, each nation can choose to reject those who appeal to our worst impulses and embrace those who appeal to our best. For we have shown that we can choose a better history. Sitting in Essays, a prison cell, a young Martin Luther King, Jr. wrote that, Human progress never rolls on the wheels of inevitability; it comes through the tireless efforts of men willing to be co-workers with God. And during the course of these eight years, as I've traveled to many of saving ophelia your nations, I have seen that spirit in our young people, who are more educated and more tolerant, and Rudeness, more inclusive and more diverse, and citation tool, more creative than our generation; who are more empathetic and compassionate towards their fellow human beings than previous generations. And, yes, some of that comes with the idealism of youth. But it also comes with young peoples access to Essays information about the world according to john coltrane, other peoples and places -- an understanding unique in human history that their future is bound with the fates of other human beings on the other side of the world. I think of the thousands of health care workers from around the world who volunteered to fight Ebola. Essays? I remember the young entrepreneurs I met who are now starting new businesses in Cuba, the parliamentarians who used to citation tool be just a few years ago political prisoners in Myanmar. I think of the girls who have braved taunts or violence just to in Art Essays go to school in Afghanistan, and the university students who started programs online to reject the extremism of Essay on The SAT organizations like ISIL.

I draw strength from the young Americans -- entrepreneurs, activists, soldiers, new citizens -- who are remaking our nation once again, who are unconstrained by old habits and old conventions, and unencumbered by Rudeness what is, but are instead ready to seize what ought to be. My own family is a made up of the flesh and the world according, blood and traditions and Rudeness Essays, cultures and citation tool, faiths from a lot of Rudeness in Art Essays different parts of the world -- just as America has been built by immigrants from every shore. And in saving ophelia, my own life, in Rudeness in Art Essays, this country, and as President, I have learned that our identities do not have to be defined by putting someone else down, but can be enhanced by lifting somebody else up. Comparing Two Prominent Nineteenth Soane Semper? They dont have to be defined in opposition to others, but rather by Rudeness a belief in liberty and equality and justice and fairness. Citation Tool? And the embrace of these principles as universal doesn't weaken my particular pride, my particular love for America -- it strengthens it.

My belief that these ideals apply everywhere doesnt lessen my commitment to help those who look like me, or pray as I do, or pledge allegiance to my flag. But my faith in those principles does force me to expand my moral imagination and to recognize that I can best serve my own people, I can best look after my own daughters, by making sure that my actions seek what is Essays right for all people and all children, and the world according to john, your daughters and your sons. This is what I believe: that all of us can be co-workers with God. And our leadership, and our governments, and this United Nations should reflect this irreducible truth.

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college goal essay Nicholas Handler, is Rudeness in Art, a junior at Yale University majoring in history. Handler is active in social justice organizations and hopes to become a human rights lawyer. I never expected to gain any new insight into the nature of my generation, or the changing landscape of saving ophelia, American colleges, in Lit Theory. Lit Theory is supposed to be the Rudeness in Art, class where you sit at the back of the room with every other jaded sophomore wearing skinny jeans, thick-framed glasses, an ironic tee-shirt and over-sized retro headphones, just waiting for lecture to be over so you can light up a Turkish Gold and walk to the world according coltrane lunch while listening to Wilco. Thats pretty much the way I spent the course, too: through structuralism, formalism, gender theory, and post-colonialism, I was far too busy shuffling through my iPod to Rudeness see what the patriarchal world order of capitalist oppression had to do with Ethan Frome. Saving Ophelia? But when we began to Rudeness study postmodernism, something struck a chord with me and made me sit up and look anew at the seemingly blase college-aged literati of which I was so self-consciously one. Letter: Fortunately, College Has Changed.

This is in regard to your college essay contest that took place last year. The essay entitled Fortunately, College Has Changed by Matthew Bender from the University of criminal, Arkansas has several factual errors and insinuations. Then entire first and second paragraphs are neither chronologically or factually correct. How do I know that there are errors? Because I am Mervin Jebaraj, the person referred to in the opening paragraph. 1. A committee of students wrote the Essays, actual text of a proposed bill not a note. The idea began in November of 2007 and not in the spring. 2. There was no staying up all night, and there was no on campus bbq. The committee obtained a meeting with Sen. The World? Madison after a lot of work and in Art Essays didnt just pass a note to her. The committee also spent months working with her and other legislators.

to see the criminal and civil, resolution passed. We dont appreciate the trivialising narrative of our work. 3. The resolution never asked for the creation of socially aware investments, the options already existed. 4. The conference I went to was well after the divestment process and was to share ideas about divestment with others as opposed to receiving inspiration for divestment. 5. There is an Rudeness in Art Essays, implication that I was skinny dipping and smoking marijuana in Belize. Neither is true. I hold the New York times in the highest regard and hope that you will take this seriously. In the future, I hope you check the.

veracity of statements made before you publish them. Mervin Jebaraj, Research Assistant, Center for Business and saving ophelia Economic Research. Liz Addison , 38, is a biology major whose goal is to become a large animal veterinarian. She has trained a winning racehorse and in Art is interested in American presidential history. Oh, the hand wringing. College as America used to understand it is coming to an end, bemoans Rick Perlstein and criminal and civil law his beatnik friend of fallen face. Those days, man, when a pretentious reading list was all it took to lift a child from suburbia. Rudeness In Art Essays? When jazz riffs hung in the dorm lounge air with the smoke of a thousand bongs, and college really mattered. Really mattered? Rick Perlstein thinks so. Criminal? It mattered so much to him that he never got over in Art, his four years at the University of era clothing, Privilege. So he moved back to live in its shadow, like a retired ballerina taking a seat in the stalls.

But when the curtain went up he saw students working and in Art Essays studying and saving ophelia working some more. Adults before their time. Today, at Rudeness in Art the University of Privilege, the student applies with a Curriculum Vitae not a book list. Shudder. Frankie Thomas , is a junior majoring in cinema-television critical studies, with a minor in gender studies. Her immediate plans include dropping out at the end of the year to write and/or travel. She is a film maker and a blogger, with interests ranging from the social history of the victorian era clothing, Victorian era to birdwatching to the novels of Dawn Powell.

I had the kind of college experience most people only dream about. Charged by in Art the atmosphere of intellectual exploration, inspired by professors who pushed me farther than Id ever imagined I could go, I made fascinating new friends at Skidmore; together we discovered Nabokov and Kafka, Citizen Kane and Dr. Strangelove, and victorian women our own literary voices. In Art? It was a three-week summer program. And Civil? I was fifteen. Now Im twenty, halfway toward graduating from University of Southern California, and if I had a thousand dollars for every college student I know who Struggles With Depressionwell, I still wouldnt have enough money to pay my full tuition. Rudeness In Art? But it would keep me going for a semester or two, assuming I didnt lose my own struggle and drop listlessly out. As our SATs would have put it, depression is to college campus as consumption is to Victorian orphanage, and ours is a generation of wheezing waifs.

Max Lance , 23, is a freshman at victorian USCs School of Cinematic Arts, majoring in writing for film and television. He hopes to Rudeness make his mark either with a life-changing TV show or by marrying someone rich. When I dropped out of college three years ago I would have completely agreed that college isnt the cultural experience that it was hyped up to be. As I return this September, Ive realized that its a good thing it isnt. I completely agree that college as America used to know it has come to an end, but I believe that schools have changed for the better. The problem I had when I quit school the first time around was that I never adjusted to citation tool how schools have changed. I dropped out Rudeness in Art because of my mislaid expectations; the same ones that Rick Perlstein is nostalgic for. Im going back to school because Ive realized what the Essay on, college experience is like today and Im now more than prepared to abuse it. Like nearly everyone in my graduating class, I attended higher education because thats what we did next.

College seemed more like 13th grade rather than a place where I would be opened up to in Art Essays radical people and ways of thinking. I spent my freshman and sophomore years doing what I needed to do to get good grades because thats all I had done since kindergarten. And even though I worked hard to criminal law earn a 3.7 GPA, I dropped out of in Art, New York University because of a complete lack of passion for what I was studying (journalism, via process of elimination). Travis Weinger , 21, is a senior majoring in history, with a concentration in saving ophelia war, revolution and social change. Rudeness? His minor is political science. He is a founder of the saving ophelia, Triton, a newspaper at UCSD, and of the Symposium, an on-campus discussion group. Rick Perlsteins article, boiled down, is simply an extended version of the Rudeness, bitching that every generation hears from the one that preceded it: Back when I went to school, we walked uphill in the snow both ways In sum, college mattered back when Mr.

Perlstein went to it because that was when he went to it. Women? Since college has changed from when he remembered it, he wants us to believe that it has somehow degenerated into irrelevance. The vast majority of Perlsteins complaints fit under the above rubric. Our college experience is Rudeness, not as liberating as his was (no longer can we simply phone public intellectuals and victorian women bully them into visiting our dorms). Our activists are not as radical as his were (we dont take over enough buildings). Our connection to the Sixties isnt as strong as his was (our band members arent former revolutionaries). We are not as alienated from society as he was (we engage our world, not whine about it). Rudeness Essays? Perlsteins claim that his experience was in some way both richer and harder than the next generations is an old one, and is continuously echoed by every generation. Like most complaints of this type, it is largely groundless and mildly insulting.

To respond to it bit by Essay on The SAT bit would validate his nostalgic whining to a degree it does not deserve. The Cultural Contradictions of American Universities. For the in Art, past twenty to thirty years, we have seen the great degradation of post-secondary education. Citation Tool? Conventional wisdom suggests that the problem lies simultaneously within the hands of the politicians and Rudeness Essays the students. This narrative does not account for the history of college. Throughout the modern age, the role college played in citation tool the national debate was minimal.

To this date, there has only been one president with a Ph.D., and both The New Deal and in Art Trumans Fair Deal did relatively little for college and education in general (with the exception of the G.I. Bill). And even today, most candidates on citation tool both sides of the Essays, isle have the same prescription for college: the problem is women, lack of funding, therefore, the solution is to increase funding. It usually ends at that. In order to find the Rudeness Essays, true crisis of college, we must first look at its true purpose.

A few months ago, Charles Murray wrote a controversial series of columns in the Wall Street Journal arguing, not that college had been written out of the national debate, but that its role is too great. Essentially, too many people are going to saving ophelia college who did not need college, but instead needed vocational training. There are serious problems with his logic to be sure, not the least of which is his obvious IQ-ism. While it is true that college is in need of some serious reforming, focusing solely on IQ will not solve them, for IQ is not the only purpose of college. For example, there are, what a professor of mine called, latent overtones. That is, those unexpected, and Rudeness in Art Essays unintended consequences of Essay on, college learning. Essays? For example, one might discover a great philosopher that hes never heard of, or another collegiate finds that they enjoy a field of study which they did not expect. But this is, of course, part of the intellectual journey of students. College exists not, as conventional wisdom suggests, to citation tool change the culture.

It exists to create a new breed of in Art, intellectuals. All politics aside, students should exit college not knowing simply what to think, but how to think. This is criminal and civil, where Mr. Murray and I agree. He hits the in Art Essays, nail on victorian the head when he describes the purpose of college, that college is created to train the elites to do their jobs. However, this purpose has been lost in a quagmire of watered-down curricula and fluff courses. And this brings us to the real problem of college: the searing anti-intellectualism of the Essays, youth. Education is the single most important factor in the growth of citation tool, our country. Specifically, higher education paves a future and provides opportunity for students that attend college and gives them a shot at a career.

50 years ago, college was strictly for the elite, high class Americans. Now, it seems that every common household has at least one family member attend college. But with the Rudeness in Art, increasing drop out rate today, students seem less interested in learning at saving ophelia college and their priorities change from their original goal of graduating. The importance of education today is a growing factor because the future of this country depends on the students in college today. College is misunderstood by many incoming freshman. All of the television advertisements and Rudeness billboards encouraging students to victorian attend college are used as bait to reel in students tuition. Parents encourage their kids to Rudeness in Art attend college after graduating high school because they want to see their kids have a shot at citation tool success. In Art? However, college is not cut out for everyone.

More freshman than ever are dropping out after their first year because college can be overwhelming through everything that takes place within campus boundaries. According To John? The pressures of Rudeness in Art Essays, college whether its to impress parents or maintain a high GPA grasps hold of many students while they are in college, freezing them from work and attending class regularly. Back in the 50s and 60s when college was becoming so popular, people attended college solely to improve their education and learn through the college experience, in hopes of obtaining a career after graduation. Now, people attend college because their friends or girlfriend go there. Many people attend college just to party as much as possible. College can be misleading for teenagers fresh out of high school, and people who feel that continuing their education isnt the most important factor in attending college should not apply. College matters because without a thoroughly educated society, America would fall to its knees and saving ophelia regress into deep depression. Jobs would flounder because the people applying for them wouldnt get accepted without college degrees. Pat Brown expanded university development in California in 1966 to encourage people of every social class to Rudeness Essays attend college and gain a higher education.

The reason for his rapid expansion was because the number of college students doubled from 1957 to 1967, and Brown decided in order to coltrane improve society and Rudeness in Art Essays keep America running, more universities should be built to attract new students. However, in 1997, only 54 percent of Architects: John Semper, students that attended college as freshmen graduated with a degree six years later, 30 percent not even finishing their freshman year. Once students enroll in college, dropping out is the worst decision they can make. Rudeness? The opportunity cost of dropping can be detrimental to a students financial standing. Dropping out also means dropping tuition, and Comparing Two Prominent Nineteenth John Soane and Gottfried students are often left with debt to pay off depending on which year they dropped out.

Entering in a low paying job, drop outs must slowly pay back student loans, which is in Art Essays, why college is so important to criminal stick to and graduate once enrolled. The likelihood of students being able to Essays pay off student loans quickly after graduating is much greater than the likelihood of a drop out paying off loans. Drop outs sometimes will only make enough money per paycheck to pay off previous college debts, not leaving any left over cash for leisure activities. Once choosing the decision to attend college, remaining in college is the and civil law, most important decision a student can make, in order to avoid living a below average lifestyle. Young adults are fed by change.

No matter how resistant or welcoming I am to change, when all is Rudeness Essays, said and done change sustains me. Two years as an undergraduate student at the world according coltrane Fordham University have been made slightly easier by knowing this about Essays myself, because college means change. Even with the victorian, still shrinking cyber community and the real world opportunities offered to many young people today, nothing can replace the rush of change attached to Rudeness in Art the college experience. College students are encouraged to criminal make noise. When interviewed by Rick Perlstein for an article entitled Whats the Matter With College students were very vocal. Rudeness In Art Essays? Hamilton Morris, a New York bred college student, described a college experience where many students hate school with a passion and Essay on dont leave. Perlstein writes that Morriss feelings are proof of a culture of enervation which overwhelms many campuses today. Instead of seeing what Perlstein describes, students without hope or the will to pursue their studies, I see Morris as describing a culture of restlessness. Students who claim to hate college but still do not leave are experiencing a kind of restlessness which comes with the package. Students experience change so quicklychanges of passions, opinions and interests.

They are bound to become restless, especially when the off-campus world is within arms length. I often smile to think the world is at my fingertips when I am surfing the internet, but the truth is my fingers are touching my keyboard, and I am planted in in Art my kitchen chair drinking Diet Coke. Saving Ophelia? College offers me the opportunity to shake hands with the leaders of business, art, science and medicinesomething the internet can not give me. Rudeness In Art Essays? College professors do not want students to be excited about school and theory alonethey want them to take their passion into the world beyond the campus. I am not writing this commentary for my school newspaper. On? I am writing it for New York Times Magazine, a publication Journalism majors like me aspire to work for. College urges me to aspire, to voice my opinions, and yes, to change. The problem with colleges in Rudeness the 21st century is convoluted with many deciding factors, resulting in a more complex position for current college students to experience, unlike any previous generation of Essay on The SAT, college students.

In my opinion, being a college graduate student and one who has been involved in my school, I can honestly say that the biggest problem with our generation is the Rudeness, sense of nihilism, which is era clothing women, plaguing the our very core of our being. It is important to realize that this comes not only from Essays, college campuses, but the society in general; people just dont care. If they do care and want to be involved, societal pressures, mostly economic, is what keeps them from being invoked with the spirit of the previous generations. There seems to be no sense of urgency when it comes to our generation. Nihilism will do that to criminal everyone. I also find it interesting that the people who do want to Essays be involved do not necessarily know what to get involved with. Citation Tool? In the 60s, it seemed to be clear cut what the problem was; racism, sexism, or the Rudeness in Art Essays, war in Vietnam. A contrast between the 60s generation and us now is that people do not what the problems really are. Victorian Era Clothing? The mentality when speaking to college students; they seem to focus more on trying to get that 80K a year job then the socio-political issues affecting us. In Art? It is evident that we value the dollar more so than we value the human struggle.

So apathy also plays a role. It is important to realize that we must do something, otherwise everyone suffers. Sending your child to college is not an option in the world to john coltrane American society, and its hardly a privilege at that. In todays fierce and fast paced world it is a necessity For most parents, thought goes into how they will even fund such a venture within the first few months of the childs conception. Rudeness? College funds and savings bonds, money from relatives and graduation parties, this all gets stored until an entire portion of that funding goes towards expensive college visits. Not only does the child want to go to college, that child has picked out 10 in which there is an orientation at each for prospective parents.

They want to see where their money is going, as well as where their child will sleep, learn, and become the successful adult they were meant to be. What is wrong with college? As a successful student at a prominent Chicago school, I, for citation tool, one, have plenty of opinions on the matter. In Art Essays? Lets look at law our war by first taking a retrospective glance at Vietnam. My father, a student at the time of Rudeness, Vietnam, was a conservative at a very conservative Indiana school. He still wore his GDI shirt most days of the week and talked highly of the citation tool, camaraderie between fellow students. There were protests that were actually allowed on his campus.

When the Essays, students died in the Kent incident he remembers rallies against the war in their honor. He also remembers reading the names of the dead soldiers with the rest of his class, keeping in somber memory the fight his country was in. Bands of victorian, students were scared, there was a draft in effect. Everyone had war on the mind and as those 18 year olds took on their first years of college, they had a lot more to in Art worry about citation tool than where the weekends keg party was taking place. They were learning, growing, and forming opinions on the world they were entering by knowing their current events and Essays being passionate about them. Of course, without the internet, their local papers brought them more world events and less Lindsay Lohan. Being passionate about the world takes a certain naivety that forms when someone does not already have the opinions of others so easily accessible. The internet has taken so much of this away from current students. In my experience, you only have to Century Architects: make a choice on which websites to read. Looking at our war today, many students walk away from it, choosing not even to recognize that it affects their daily world.

There are many more cliques, many more places to falter, and many more reasons not to care. Hold a pen in front of you and look at it; notice its size and color in Rudeness particular. Now, slowly move it away until you have your arm fully extended. Saving Ophelia? Notice anything different? Probably not, and that is how it should be. Rudeness? If we remember back to middle school science class, color is partially dependent upon the angle that light hits an Comparing Nineteenth Century John Soane, object. Rudeness? But we just moved an object, causing the angle to change from era clothing, our perspective, and did not notice any change in color. The pen also moved further away without any apparent change in size.

I forgot the intricate details that explain why this happens, something to do with a portion of the brain that keeps our perceptions fluid . In Art? What I do remember, and will never forget, is how cool this all seemed and saving ophelia how much more there is to the world when you get past the Essays, surface. College is a pretty different place today than it was for my parents thirty years ago. Then again, so were the two worlds in which we were raised. Nineteenth Architects: Soane? Most kids in my generation were not raised in the Sandlot. We did not hang out at the malt shop after school. And we definitely did not attend any sock hops (or if we did, best believe we did not call them that). Instead, we started out playing on jungle gyms with woodchips and protective rubber flooring underneath.

Eventually, we found ourselves being chauffeured to organized baseball practice, in a minivan. By high school, the importance of getting into a good college had been seared into us and serious attention had to be allocated toward after-school activities and other kinds of Rudeness, enriching events to make sure that we were well- rounded. Heres a fun game that anyone my age can play: ask your parents what they got on their SATs. If they can, you win! Basically, it is like hitting the lottery, since your parents have to be like one out of a million. High school students in the 60s did not pay $1,000 for an SAT class and definitely did not go to any Independent College Consultants. Victorian Era Clothing Women? As Mr.

Perlstein stated, college was seen as a place sort of apart from the rest of the world. Kids went there and Rudeness were met with new people, ideas, and and civil law situations. Back then, as I understand it, college was not seen as a stepping stone or a rung on the ladder. In Art Essays? You did not go with the mindset that it was simply a means to saving ophelia end, a place to simply collect good grades and then experience the directors cut redux edition of college admissions in the form of graduate school, an internship or a job. Why College Matters: A Response to Rudeness Whats the Matter With College I suppose I should begin by victorian era clothing women saying that I dont go to a real college. I mean, I dont feel like I go to a real college. I dont take real classes. I dont live on a real campus. Rudeness Essays? Im a music major and attend the Peabody Institute in Baltimore, Maryland. Peabody is an established music conservatory, one of the schools of Johns Hopkins University (despite what I say about it not being a real school).

In his essay, Perlstein is making it seem that todays college undergraduates and the ideals we pursue are somehow deficient. To John Coltrane? That were missing out. Hes especially concerned that were nothing like the students of the 60s and 70s. Hes right about that, but that is nothing to in Art Essays be ashamed of. Were students who want (or carry) the iPhone. We are environmental activists. Were more technologically savvy than Perlsteins generation. On? We get our information and communicate in a totally different way. Were amazing jugglers. Were a new breed. It is interesting to read that the in Art, defining issue for the 1966 California gubernatorial race was college.

For my sake, and Im sure for the sake of a lot of my peers, I wish it were still that way. College sounded romantic and Essay on Overhaul fun. My friends argue that things have changed in the past 40 years, and that there are bigger fish to fry. The war, for example. Making a living once college ends. When they start complaining, however, about Rudeness classes and Essay Overhaul stress, I ask them, arent there bigger fish to fry? at which they sigh outwardly, roll their eyes, and throw their hands up in the air. I understand where their frustration lies. We still feel young in the scheme of things, and not ready to plan out our lives after college. It feels like weve been doing nothing but planning since freshman year of high school. Who has time to worry anyway?

Right now, I am worrying if I have enough money to pay the rent this month. Rudeness Essays? Many of my classmates worry how to citation tool pay for the next semester. To be honest, when it came to college, most of us never really had a choice. Where I grew up, in Greenwich, Connecticut, there was never the option of Rudeness Essays, college vs. no college. The choice was Ivy League vs. state school, or something along those lines. The whole getting-ready-for-college experience was important. As you thumb these pages, reader, loyal subscriber, conscious citizen with an appetite for inquiry and thoughtfulness, or may I say fellow American, you tell yourself that you want to sample a young students intellect. Certainly I do believe that my own college experience has been important, even critical, to saving ophelia my life and to my thoughts here and now, but young and impressionable does not necessarily partner with a tame, meaningful sense of Rudeness in Art, hindsight My college experience has fostered some growth. But for the nation?

Lend me some relevance. Am I to accurately describe my confusion with you over Essay The SAT, coffee to tell you how this all breaks downI fit in the puzzle and Im one of the corners, right? Politics. We dont have movements, and we dont have causes. A choice between higher education and higher purpose has been made; show me one text message, fellow student, that you have wanted the whole country to read. Children live at school. Especially if they dont have much of a home life to live in Rudeness in Art the afternoon or evening, kids live and victorian women learn at Rudeness school. College isnt so different, only first graders arent expected to and civil law shape up all by themselves when they appear to be wasting time. Oh, college students arent either?

Pity. I guess higher education isnt all that important. Maybe the problems of higher education are just fronds atop a mirage of public schooling. Rudeness Essays? Talk to Herbert Kohl, Jonathan Kozol, John Taylor Gatto, men who are trying to wake this country up, and theyll show you whats happening to my younger brothers and sisters. Content in the shade, college students loaf, while in more dangerous environs, under the Overhaul, pretext that they are to learn, children sit down in in Art their desks each morning in the arms of a crumbling system. In college, we choose to era clothing women sleep in, not to participate, excel, regress, etc.

If higher education is important to the nation, why dont more people act like it? Better yet, if education is Rudeness in Art Essays, so important to Essay on Overhaul the nations future, why is in Art Essays, it neglected? Important as it is, I feel proud to remember the words of Thomas Jefferson, who often can remind us of politicians and citizens true responsibilities: It is highly interesting to our country, and it is the era clothing, duty of its functionaries, to provide that every citizen in it should receive an education proportioned to the condition and pursuits of his life. He speaks to Rudeness Essays the politician, tells him to take a good look at his fellow Americans. What sort of education will he provide to match the condition, the quality of life? If the quality be poor, will he stick to poor schooling until lifestyles rise to the occasion? Try downtown Anywhere, where elementary schools have been forced to remove social studies and arts in favor of apparently year-round test preparation, for standards in English and mathematics. The need to know world and the world of on, standardization are one in the same, and Rudeness in Art Essays columns of the world coltrane, darkened bubbles are in no short supply, though theres still a need to live. The Problem with College: Why We No Longer See Ourselves As Part of a Community.

One anomaly of American society is that our universities play only Rudeness in Art a marginal role in our culture. In other nations, like France where intellectual life is not centered on their institutions of Comparing Two Prominent John Soane and Gottfried, education, this may come as no surprise, but the virtues of American universities are indisputable. In Art Essays? Academics wonder why they are allowed to be the citation tool, nations intellectual leaders, but not its leaders, or even advisors, in the political or ethical arenas. In Art Essays? Some are resentful of the mainstream society, thinking it apostate, as though they were priests of some outworn creed, but this alienation, which has developed in tandem with the Essay on The SAT Overhaul, evolution of Essays, academia, did not come because the society rejected the university as a social or moral authority, but rather because the university ran out of the energy it took to to john function in in Art Essays this role. This occurred, at least partially, because those of us in college found that the values we shared were not strong enough to unite us.

From the time of Plato, the criminal and civil, purpose of the university has not been to Rudeness Essays represent the society or culture in which it exists but to pursue truth. Most academics, who may disagree on what truth is in essence, would agree that it is a noble and worthy objective. And, since truth is citation tool, their goal, many of them think themselves justified in being alienated from mainstream society. Rudeness In Art? This does not mean their views are homogenous; I can testify that, at the University of Idaho (to name one example), the politics of professors in the College of Business are not shared by Two Prominent Century Architects: John and Gottfried Semper the English instructors; but what the two departments have in common is Essays, their distance from Americas political center. This is largely because specialists in any field, whether that field is The SAT, philosophy or political science, tend to feel invalidated if anyone could reach the same conclusions that they do. It is a telling fact that, at least until recent years, there was a higher percentage of self-described Marxist literary critics than blue-color workers. Nonetheless, this desire for academic innovation benefits the university in that it makes professors research original; it is for this reason that, whenever universities are rated according to prestige, the United States constantly is found to have the Rudeness in Art Essays, greatest number of prestigious institutions. Even so, there is another facet to John Soane and Gottfried a professors job, teaching. This requirement creates a dilemma for many professors: their strenuous educations and meticulous research has caused many of them to become opinionated, but, at the same time, they need to keep their students pacified while educating them in accordance with principles which the students may not share. Thus, they (and the students) learn that it is easier to ignore worldview-related issues. Rudeness In Art Essays? In searching for the least common ethical denominator among the citation tool, group, the instructors and the instructed clandestinely agree that the values which they hold as specific to their Weltanschauungs do not apply to everyone, and, if they do, the in Art Essays, value of placidity applies even more.

As Allan Bloom wrote in 1987, [A]lmost every student entering the saving ophelia, university . . . says he believes . . . that truth is relative (1). While this outlook may work in as far as it prevents conflicts, it is an Rudeness, ineffective communal bond. This is because the values of the classroom are provisional andmost students cannot help but feelartificial. They havent the power to unite the students and faculty in a community, which requires common interests and mores. In July, The Magazine published What's the Matter With College, an essay by the historian Rick Perlstein, online and invited college students across the saving ophelia, United States to respond.

Some 600 undergraduates did -- many agreeing with Perlstein's assertion that college as America used to Rudeness in Art Essays understand it is coming to an end, many dismissing his argument as so much nostalgic pap, still others taking the occasion to women critique higher education from an insider's perch. To continue the Rudeness Essays, conversation, we're featuring the winning student essay and four runners-up, and posting another 450 of the entries in a searchable format. (The other entries were withdrawn by their authors or did not follow the contest's rules.)

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Use it to explain how your experiences will benefit the company. Rudeness In Art Essays! Tell the Overhaul potential employer why this job is important to you. To help you avoid some common pitfalls and maximize the potential of your application, experts agree that you should consider the following guidelines. Dont skimp While not all hiring managers read cover letters, they are not a waste of time. Just having one could increase your chances of getting a job intervieweven if the employer doesnt read it.

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If possible, create a narrative Especially when experience or the position warrants a longer cover letterexecutive resumes, for examplemake it tell a story. Victorian Women! The narrative structure is a powerful device, and if you can use context, conflict, and Rudeness in Art resolution, then the reader wont care that it is the world, long. For a resume, a narratives context might be your work history. The conflict may be experiences youve had in in Art, the past that left you wanting to do more than your previous position allowed. And the criminal resolution could be getting this new job. In Art Essays! Do your research Research each company you apply to, and craft a new cover letter for each of them. With social media, this is far easier than it used to according coltrane, be. In Art! Follow accounts of the company and its executives on Twitter, Facebook, and citation tool LinkedIn to study their content and the culture. Focus on details Make sure that every word is essential. Use a spelling and grammar checker and writing apps.

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