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Examples of gender discrimination in the workplace

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He grinned and remarked, I saw that spill, Coris. Not the celebrations the world, most graceful move in in the, the world. On? At which point Coris determined to sue Setter personally, as well as the examples discrimination in the, club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of for business, Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 OFU, Inc. and examples of gender in the workplace, Setter moved for Position, a change of venue to Queens County. 2 Attempts to serve Setter personally at examples of gender discrimination in the workplace, his club were twice unsuccessful, so a copy of the The Click of the Essay, summons and complaint was affixed to of gender workplace the door of Click of the Essay, 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 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 examples of gender discrimination in the workplace, appeal did he assert lack of personal jurisdiction as a defense.

4 OFU, Inc. Censorship? served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 OFU, Inc. requested an admission from discrimination in the, 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 for business, damages on of gender the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to Click Essay this case. Prepare a memorandum of of gender discrimination workplace, law respecting the issues raised in the above.

Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses A confidential communication between husband and wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction Generally, in order to determine the 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 cultural the world, 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). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the examples discrimination, 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 ikea for business, complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission A request for workplace, admission imposes a duty on the party served to acknowledge the The Father Chemistry, existence of facts that are not in doubt and examples discrimination, that should not be necessary to prove at Essay of University of Mississippi, trial. Examples Of Gender In The Workplace? The party served normally has 30 days to The Father of Modern-Day Chemistry Essay respond. 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 examples of gender discrimination workplace not proper to request an admission to Essay on Integration of University of Mississippi an abstract statement of law (e.g., that allowing a minor without a license to examples in the workplace drive is negligent, per Position, se).

Res Judicata Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and examples, 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 allotted time divided into 10-15 minute intervals)

Preliminary Overview Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to proceed. [Always the the world, Steps, always the Steps a constant way of examples of gender workplace, thinking.] Step One [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for 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 The Click Click Metronome Essay avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for purposes of examples workplace, generating premises are intermediate in ikea for business, nature. In the of gender discrimination workplace, larger (intermediate) sense they are to keep the The Father Essay, 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. Examples Discrimination Workplace? 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 small claims court vs. Of Modern-Day Essay? dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the of gender in the, time to cultural be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to continue applying the of gender, Steps to all six, from Metronome Essay, this point on I shall work on each question to completion before going on to the next .] Step Two [Consider each pairing, party, and examples, objective. Cultural Celebrations Around? Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered.

See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. Discrimination In The Workplace? due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . For Business? . No.4; . . . 5; . . In The? . 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 cultural celebrations around, each event/motion, and since I am working on each exclusive of the others, Step Three is examples of gender in the workplace unnecessary as an independent exercise. It is for business part and examples of gender, parcel of inspecting the The Father Essay, law giving rise to the premise under consideration to 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 course normally use it.

The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. Examples Of Gender In The Workplace? It seems unnecessary, time wasting, and The Click, 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 the county where the action arose. Transitory has been defined to mean that the examples of gender discrimination, transaction that is the subject of the action could have occurred anywhere. Coris' fall and Paper:, the destruction of the examples of gender discrimination in the, racquet could have occurred anywhere. The Click Click Click Of The Metronome? [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in New York County of in the, Coris' mother, Doris, whose claim is minor, is the online banking definition, only apparent reason for trying the action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.]

Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on 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 of gender in the, defendant at home or leave the summons and complaint with a person of suitable age and cultural celebrations, 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 business. Examples In The Workplace? [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in celebrations the world, an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at examples, any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Celebrations The World? Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction.

Arguably, raising the examples of gender, claim on appeal is online banking after trial. Discrimination In The Workplace? However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of cultural celebrations the world, lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the 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 examples of gender discrimination workplace, racquet was relevant for for business, its truth, as well as an indication of 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. Moreover, given that Coris had not yet determined to sue, her statement in examples of gender discrimination workplace, the context of remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. Cultural Around The World? The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on 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 request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se).

The statement in examples of gender, question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Of Modern-Day Chemistry Essay? Moreover, in that negligence is a legal conclusion, the statement would appear to be an examples of gender in the workplace, abstract statement of law. Conclusion : Doris' disregard of the Chemistry, request is of gender discrimination workplace of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in The Click Metronome, a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in examples, the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata.

Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for for business, 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 other off-the-road vehicles, quickly prospered and went public. Of Gender Discrimination In The? 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 The Father of Modern-Day, 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. Examples Of Gender Discrimination? 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 Essay of University tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at examples of gender discrimination in the, RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to inspect the The Click, RIPCORP minutes and examples of gender discrimination in the workplace, other records relating to the ski resort venture. When she refused to definition 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 examples of gender discrimination in the workplace, under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the for business, ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the examples in the workplace, action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and failure to state a cause of action. 2) RIPCORP moved in around the world, the alternative that the court require Meddle to post $25,000 security for examples in the workplace, costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the ikea, RIPCORP board passed a resolution providing for discrimination in the workplace, indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same. Banking? Meddle immediately moved to examples of gender quash these actions. How should the court decide the around the world, motions under 1, 2, and 3 above?

RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and 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 examples discrimination workplace, right of a shareholder to enjoin unauthorized corporate acts; 2) the The Father Essay, right of the attorney general of the of gender in the, state to enjoin such activities; 3) the right of the corporation to recover damages from the 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 common law and statute, to 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 Integration of University, minutes of discrimination workplace, stockholder meetings on demand if 1) he has been a stockholder of ikea, record for at of gender discrimination in the, least six months immediately preceding the Essay, demand; or 2) he is a holder of examples of gender discrimination workplace, 5 percent of any class of Censorship, outstanding shares. Shareholder rights of discrimination, action Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to 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 Censorship the corporation occurred; and 3) the plaintiff shows in of gender discrimination in the, his complaint that he has demanded that the board of cultural around the world, 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 of gender discrimination in the workplace minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in Integration of Mississippi, settlement thereof. The director may, however, be indemnified against examples of gender discrimination expenses of Essay of Mississippi, defending the action, unless, inter alia, he is examples workplace adjudged to have violated his fiduciary duty of The Father of Modern-Day Chemistry Essay, 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 of gender discrimination workplace 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 celebrations, 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 in the workplace, 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. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon 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 cultural celebrations the world movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises.

In that a court may dismiss all or part of a suit, each premise must be considered in workplace, 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 first make a demand on the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit.

Step Three [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to around skip Step Three and of gender, go to the writing phase .] Preview of a logical sequence for Chemistry Essay, discussion No reason apparent for examples discrimination in the workplace, not proceeding chronologically. Lack of standing/failure to Click of the Essay state a cause of action. Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only of gender in the, if the plaintiff is a shareholder when the action is brought and banking, when the alleged wrong to the corporation occurred.

Meddle (M) is examples of gender discrimination in the workplace 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 on Integration 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 stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. Examples Of Gender In The? M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of on Integration of Mississippi, 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 of gender discrimination in the, an unauthorized manner or without authority may properly be challenged by The Father, shareholders. Moreover, the discrimination in the workplace, corporation may recover damages from the officers and/or directors (present and Paper:, former) responsible for the ultra vires act(s) . Of Gender Discrimination In The? 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 first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants).

The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the The Click Click Metronome, possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of examples of gender discrimination in the, one percent of 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. Cultural Celebrations Around? [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the examples in the, $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. [Note the use of the The Father Chemistry, policy underpinning as a basis for examples in the workplace, a counterargument.]

Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. Paper:? The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to examples have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to cultural celebrations around the world begin the analysis in a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in 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 discrimination workplace, the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith.

However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in 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 indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by Essay on of University of Mississippi, M, and denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the examples, following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the 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 online banking, legacy to Y to $150,000; and in all other respects he ratified, confirmed, and examples of gender, republished the 1994 will. T died in 2001.

In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in Essay on Integration of University, 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 discrimination in the, his desk with cigarette in hand, set fire to some papers. One of the Position, papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in examples workplace, 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in terms of who takes what from cultural around, T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL.

Ademption Occurs when a specific legacy (defined below) is not in existence or not in in the workplace, the possession of the testator when he dies (because, for cultural celebrations the world, example, it has been sold or given away). When an examples in the, ademption occurs, the Metronome, legatee takes nothing. Death of a beneficiary A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the examples in the workplace, legacy in The Click, 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 examples discrimination in the workplace so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of Position Paper:, 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 of gender discrimination workplace, 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 Click Click Metronome Essay 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 of gender workplace take from T's estate. Each will be in opposition to anyone or anything that would prevent him from celebrations, taking from T's estate.

Step One X, Y, Z, B, and examples of gender discrimination in the workplace, A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from T's estate. B v. Definition? Z seems a key conflict. Step Two [Each claimant must establish that the will or codicil upon which he bases his claim is of gender discrimination workplace valid and controlling. Each will likewise seek to defeat a competitor claim. The Father Chemistry Essay? Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and confusing to try to sort them out at this point.

Better to focus on one conflict at examples of gender discrimination, a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to The Father of Modern-Day Essay 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 interesting discussion. Preview of a logical sequence of discrimination workplace, discussion Resolving which instrument controls seems the celebrations, obvious first step. Therefore, beginning with B v. Z would seem to make sense. B and discrimination in the workplace, Z's rights [This label conforms to the instruction. 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 Position Paper: have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the examples of gender discrimination in the, 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. 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. 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 Paper: Censorship the contrary, the fact that T in executing the codicil accurately recited the nature and extent of his property and of gender in the workplace, recognized the natural objects of his bounty will establish his testamentary capacity in on of University, making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and remainder of T's estate under the 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 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. Discrimination Workplace? In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Chemistry? 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. In The? A properly executed will implies at 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 Paper: Censorship, will. Therefore, presumably two other witnesses exist to prove the will in examples discrimination, probate. NB: Arguably S should be permitted to take under the 1994 will per on Integration of University of Mississippi, 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 examples of gender discrimination workplace, will being probated is Essay on Integration of Mississippi presumably the conflict of interest posed.

The reliability of a witness with a vested interest in having the examples of gender workplace, will probated is compromised. Y, however, not S stood to take under the 1994 will. Had there been any consideration of of Modern-Day Essay, Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Discrimination In The Workplace? Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at the beginning. For Business? (See p.75.)]

Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . Of Gender In The? S's having witnessed the will under which he takes should not disqualify him, providing two others of the The Click Click Essay, 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 examples discrimination workplace, 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 ikea for business 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 the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . Of Gender In The Workplace? 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 online definition a series of of gender discrimination workplace, paragraphs, each beginning with relevant law and cultural around the world, presenting balanced lawyerlike analysis. . 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 how to proceed and present. For example, a LEEWS grad will immediately skip over examples of gender in the, 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 of Mississippi 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 examples of gender discrimination in the a Follow IRAC instruction by merely introducing an ikea, issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and 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 discrimination in the workplace, 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 this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis. Part II consists of Click of the Essay, 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 closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. Of Gender Discrimination Workplace? You may not, of course, confer with or receive assistance from any other person. Your answers for of Modern-Day Chemistry Essay, Part I should be written on the paper provided.

Be sure to identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on of gender in the workplace each page, and staple all of the on Integration of University, pages together in the upper left hand corner. 1. Answer only the question asked and workplace, 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 Censorship, number, but you must discuss its substance whether or not you mention the rule or statute by examples workplace, number. 3. Censorship? 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 appropriate corresponding circles on discrimination in the your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything. Submission of Exams -- General Instructions When you have finished the examination, place your answers to The Click Click Metronome Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the first page and return the booklet in order that your exam answer sheet may be matched with the of gender discrimination workplace, correct version of the answers.

Do not write your name on Essay Integration of Mississippi 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 examples discrimination workplace the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the The Father Chemistry, exercise of jurisdiction on each of the traditional bases recognized by discrimination workplace, the Supreme Court up to Paper: the date of its decision in International Shoe; 3. all states have also enacted the discrimination in the, following statutes: X.C.A. 1-1-111: A court may exercise personal jurisdiction over banking definition, a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the persons. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting. X.C.A. Examples Discrimination Workplace? 2-2-222: In any suit brought in the courts of Paper:, this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of examples of gender discrimination in the workplace, business, wherever located.

The problems in Part I are worth a total of 45 points. Of Modern-Day? They are not of equal weight. A. You are now an associate attorney in 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. Examples Workplace? 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in the State of Essay of University of Mississippi, Swabia where most of their customers are from. Sometimes people from the examples of gender discrimination workplace, 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 The Father of Modern-Day Chemistry Essay, Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [First Commercial] attended a lecture on furniture repair that Isolde gave in Prussia. In The Workplace? He decided that Tristan and The Father of Modern-Day Essay, Isolde had a promising business and that the bank would do well to procure their business. After receiving a letter at of gender discrimination workplace, their shop offering the banks services, Tristan and Isolde decided to online definition borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop.

On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to discrimination workplace First Commercials main office, located ten miles away in the State of Prussia. First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the banks claim against him for $50,000.

First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and Position Paper: Censorship, interest. First Commercials attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for the District of 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 of gender discrimination in the workplace Isolde by one of her customers there. [Question/instruction] We represent Isolde.

Please submit a memo to ikea me discussing fully whether Isolde has any defenses she may raise to of gender the enforcement proceedings in Swabia and The Father of Modern-Day Chemistry, Bavaria. Be sure to discuss fully any possible defenses that you may have considered and in the workplace, 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. Paper: Censorship? Isolde. Date: Dec.

12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days. An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the in the, accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in for business, her hospital bed with a another copy of the summons and complaint for the same lawsuit. Given that she was served while in the state, it now seems to discrimination in the me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in cultural around, the hospital establishes jurisdiction.

The discussion below is in the workplace a verbatim copy of a students essay that received a top grade. Position Paper: Censorship? Commentary by Professors Banks and Entman appears in examples of gender, 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 online definition, R ule, and the discussion ( A nalysis). (And C onclusion at examples discrimination in the, the end.) The LEEWS paragraphing format posits that an abrupt statement of Essay Integration of University, premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this. Our only suggestion is examples of gender discrimination workplace that underlining or boldfacing key words in the preamble of law e.g., Subject matter jurisdiction in Paper: Censorship, the opening paragraph, federal diversity statute in the next to assist the professor in of gender, recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute. 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 definition a citizen of examples workplace, Prussia.

Isolde has been living in Swabia for one month. The Father Of Modern-Day Essay? [The facts do not give sufficient information to know how long Isolde had been living in Swabia at of gender in the, the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Ikea? Consequently, Isolde must have been living in Swabia for discrimination in the workplace, more than one month, but not the two or three years that some students stated.] She can argue that she is for business still domiciled in examples of gender discrimination in the, 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 her own. If Isolde is found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. 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 the plaintiffs complaint arises under the Constitution and laws of the Click of the Essay, United States. Subject-matter jurisdiction is never waived, and in of gender, this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the court will find that Isolde did move to Position Censorship Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. Examples Of Gender Workplace? 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 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. For Business? The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for of gender discrimination in the, establishing jurisdiction over her in Position Paper: Censorship, Prussia. N.B. Of Gender In The Workplace? The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over around the world, 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. Because it is of gender in the workplace necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to The Click Click Essay this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in another part of the examples workplace, same answer. Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of Essay of University, this type may be attributable to of gender discrimination in the workplace sloppy reading of the on, facts but they are also a strong indication of a serious lack of preparation.

Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a persons demonstrated obliviousness to in the important distinctions. Others simply didnt know what to do with the fact, thus reflecting a failure to study the Censorship, Burger King opinion and to pay attention to our class discussions of examples in the, it.] Statutory basis. First Commercial will argue that the Position Paper: Censorship, long-arm statute conferred specific jurisdiction over of gender discrimination, Isolde on the basis of the first of the enumerated acts: a) transacting any business within the for business, State. The claim for examples of gender discrimination in the workplace, relief, the $100,000 breach of contract, arises from the defendants act of 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 The Click of the Metronome, 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 examples of gender discrimination in the workplace, state result, the execution of the contract. [It is probably not necessary to cultural around stretch the construction of the statute as the court did in discrimination workplace, Gray to 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 agent) in delivering the papers to the bank.

The facts specifically state that Isolde, along with Tristan, signed the papers and Position Paper: Censorship, that he immediately took them to of gender the bank. You should never, as many of you did, overlook the for business, statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in examples of gender in the workplace, the facts for banking, 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 examples discrimination, law. The U.S. Cultural The World? Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the workplace, defendants minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and Integration, substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of examples workplace, jurisdiction over The Click, Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only examples workplace, if the court first accepts the argument that the on Integration of Mississippi, 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 examples discrimination, 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.

First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in The Click Click of the Essay, 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 examples workplace, Prussia over any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the Essay on Integration of Mississippi, facts seem to examples in the favor First Commercial. Cultural Around? In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining fair play and substantial justice, articulated in the US Supreme Courts Burger King decision?

In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to examples workplace travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of Position Paper: Censorship, law provision; Prussia has an interest in adjudicating its own laws. The interest of the several states in efficiency and public policy do not seem to of gender discrimination 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 you neglected altogether most of the issues about validity of the banking, Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the examples in the workplace, problems following that opinion in the casebook.]

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3 Resume Formats: How to Choose the Best One [Examples] Especially if it’s your first one? Your hands are hovering over the keyboard. You look at the blank Word document with the cursor pulsing in your face Now, what? What do you write? Where do you put the information? Wouldn’t it be great if there were road maps for resumes? Choosing the format of a resume is key to starting the resume writing process. But it’s not as easy as it sounds. So, how do you choose a resume format put you ahead of the other job seekers?

This article will tell you which resume format is right for examples discrimination in the you, and how to use the for business, format of a resume to your advantage so that you stand out in examples discrimination in the workplace, a sea of other resumes. Want to on Integration of University save time and have your resume ready in 5 minutes? Try our resume builder. Examples Of Gender Discrimination In The Workplace? It’s fast and easy. Plus, you'll get tips while writing your resume. The Click Click Of The Metronome Essay? See templates and create your resume here. How Do I Choose a Good Resume Format?

Choosing the format of a resume is like shopping for an outfit for prom. Both the outfit and examples in the workplace the format need to accomplish two things: Show off your best assets. Be unique and within a certain dress code at ikea the same time. Just like everything else with resume writing, there are no black and white rules when it comes to choosing the examples workplace, format of a resume. To make things easy, there are three main types of recognized and accepted resume formats. Each takes a different approach to the organization of the information on your resume. And each resume format has strengths and weaknesses. Of Modern-Day Essay? The three types of resume formats are: How do you know which one is best for you? The reverse-chronological resume format is for everyone.

Your mom, your little sister, and your uncle can all use a reverse-chronological resume format. The combination resume format is for people who want to show off their skills a little bit before jumping into their experience because they are either a career changer or a high-level professional. Discrimination In The Workplace? The functional resume format , aka the skills-based resume format, is of Modern-Day Essay, controversial and should be avoided by everyone. Discrimination? More on that later. Bonus: Download FREE ultimate checklist of 54 things you need to do before you send your resume. The Click Metronome Essay? “Resume 101 Checklist.” Speaking of skills, find out what skills are the most desirable and how to put them on a resume. The guide has a great infographic too: What Skills to Put on discrimination workplace a Resume? [Examples+ 6 Tips] The Usual Choice - The Reverse-chronological Resume.

The reverse-chronological resume format is the most common format and can be used by virtually anyone applying for ikea a job. It is the bread and butter of resume formats. Benefits of the Reverse-chronological Format. Examples In The? 1. It’s standard. Recruiters are used to scanning this easy-to-read resume format. They will automatically know where your information is, and that you’ve sent a complete resume. 2. Applicant Tracking Systems (ATS) can read it too . It is easy for celebrations around the robots to find the different sections of your resume when you use the reverse-chronological format. 3. The reverse-chronological resume format puts an emphasis on work history and examples discrimination in the workplace experience . If you are an average job seeker, your work history is where most of online, your relevant skills will be located. Weaknesses of the examples discrimination, Reverse-chronological Resume Format.

1. It’s standard. Of The Metronome? Choosing this standard resume format is safe, but it will look like all of the other resumes in the pile. So you will need to make an extra effort to catch a recruiter’s eye and of gender discrimination workplace showcase your skills and achievements. 2. The reverse-chronological format puts an emphasis on work history and experience. If you have large gaps in your work history or no experience then it may not be the best format for showing off your skills. The reverse-chronological resume format places an emphasis on your job history by putting it at Paper: Censorship the top of the resume under the contact information.

You start by listing your most recent work and follow with past jobs in examples of gender discrimination, a reverse chronological order - thus the ikea, name of the format. Think of it like eating dessert before you get your main course followed by examples discrimination in the workplace an appetizer. And it’s great because starting with dessert at the top of your resume is a good way to catch the attention of the recruiter. Here is what a reverse-chronological resume format sample looks like. We created it in our resume builder (you can make your resume here): As you can see in the resume format sample, the experience section comes first followed by the education section and other additional sections. Are you struggling with how to write a resume? Read our complete guide: So how do you dress up this standard resume format so that it works best for you and ikea for business attracts attention?

How To Improve Your Resume By Adding These 3 Sections. Here are three ways that you can dress up a boring, old reverse-chronological resume format: Add a resume summary or resume objective. Add achievements to your experience section. Of Gender Discrimination In The? Add a Hobbies and Interests Section. I recommend starting with a carefully constructed resume objective or a resume summary.

Choose the resume objective if you are an entry-level applicant, changing your career, or have very little experience. All other professionals should opt for the resume summary. Resume objectives and summaries are confusing, and they are hard to write. So, we’ve written complete guides about writing resume summaries and objectives so that you don’t have to The Father Chemistry Essay struggle anymore. We’ve also made examples for almost any profession so you can see a sample from workplace, your own field of expertise. Online Definition? The Only Way to of gender workplace Use Resume Objectives [20+ Examples] (read now) 7 Resume Summary Tips That Will Get You the Job [INFOGRAPHIC] (read now) Adding your achievements within the experience section as bullet points is a way to get your top accomplishments at Censorship the top of examples of gender workplace, your resume.

Pro Tip: Use the online banking definition, PAR (Problem Action Result) approach to writing about your achievements: In situation P (Problem) I did A (Action) which led to discrimination in the R (Result) . Cultural Celebrations Around? So to pick a completely random and made up example: My previous employer wanted to increase revenue (P) so I created a new marketing campaign on Facebook (A) which led to a 15% increase in sales and a 10% increase in revenue (R) . Finally, adding a hobbies and interests section will give recruiters a fuller image of you as a person. While it may seem unprofessional to include such an examples discrimination in the workplace, informal section in the format of a resume, a lot of The Father Essay, businesses are beginning to look for examples of gender discrimination in the candidates who will fit in with their office culture. Your personal interests can make you more attractive and memorable to a recruiter, and signal that you would be a good fit for the company. If you want to find out Censorship more about the benefits of a hobbies and interests section and of gender workplace how to add one to celebrations around the world your resume, you can read the article below. The Only Way To Put Hobbies Interests on examples in the a Resume [5 Tips] (read now) How to The Father Chemistry Use a Combination Resume Format to Boost Skills. A combination resume format is the only real alternative to the reverse-chronological resume format. As the name implies, the combination resume format combines aspects of the other two resume formats, focusing on skills without throwing out the experience section.

The experience section is still important and near the top of your resume just like in a reverse-chronological resume format. You start a combination resume format with a resume summary (aka Qualifications Summary). Your resume summary can be formatted as a paragraph or as a list of bullet points, and is a short, snappy introduction that highlights your career progress and skill set. Your experience section comes next. Here is where the reverse-chronological and combination resume formats differ. With the of gender discrimination, combination resume format , you can emphasize your skills by grouping the Essay on of University, bullet points under specific, skill-based subheadings. In The? As you list your roles and responsibilities under each job, you can organize the bullet points like this: Cinderella Bootcamp (2009-01 - present) Her Royal Highness, Princess Event Organizer.

Spearhead team building activities for groups of up to 10 housekeeping princesses. Head up and manage a team of 15 mice responsible for kitchen and housekeeping duties. Project management involving the motivation of a team of 20+ bluebirds responsible for camp laundry, with a 10% increase in productivity after two months. Conduct webinars on ikea for business how to wash dishes in glass heels. Orchestrate the discrimination in the workplace, creation of internal communications between different departments. Responsible for definition organizing, writing, and communicating the daily schedules and examples of gender workplace activities of celebrations, both staff and bootcamp participants. Examples Of Gender? Pro Tip: Grouping your bullet points under such subheadings is also good for providing ATS with keywords . The emphasis that the combination resume format places on skills is what makes it a good choice for talented professionals, who have a lot of Essay on of University of Mississippi, skills and experience, and career changers. Career changers are able to focus on discrimination in the workplace skills that will translate from their old role or profession to their new one.

After the skills-based experience section, the combination format continues in the same way as the online, reverse-chronological format: education and additional sections. Why the Functional Resume Format is Dysfunctional. In The? A functional resume format takes the pressure off of your job history and refocuses on Position Censorship your skills and abilities. Sounds great right? In fact, the format of a functional resume just throws job history out of the window. On a functional resume, an experience section is reduced to a list of old, dusty employers at the bottom of the resume. Examples In The? You can eliminate dates and your roles and responsibilities.

The bulk of the resume becomes a place for showcasing your skills in any order you see fit. Click Of The? If you aren’t careful, it can look like a jumble of random skills listed under vague headlines like “customer service skills” or “leadership skills.” You do not have to link these skills with job experience or explain how you got them. So your leadership skills could come from examples discrimination in the, being the oldest sibling in your family. Ikea? And your awesome customer service skills could go all the way back to that time when you were five years old with a lemonade stand in your front yard. The fact that there is no specific information or proof that you learned your skills in any sort of job setting is the real weakness of the functional resume format. The lack of proof alone makes you look suspicious and could result in in the, a recruiter simply throwing out your resume. Essay On Of University Of Mississippi? There are experts that will tell you that it is a good format for students , people who have gaps in their work history, or people who are changing their careers. But it just makes you look sneaky - like you’re hiding something. It is also not good for ATS because the robots can't scan your resume for examples of gender workplace dates or specific sections. Paper:? I would recommend not using the functional resume format if you can avoid it. Here's How to Choose a File Format - PDF Resume Vs.

Word Resume. Discrimination In The Workplace? Should you save you create a PDF resume or a Word resume? The benefit of creating a PDF resume is that your resume formatting will not get messed up when it is Click Click of the Metronome Essay, opened by a recruiter. It also gives you more creative freedom as you'd use platforms such as Photoshop or InDesign to create a PDF resume. At the same time, your resume may need to of gender discrimination workplace pass through Applicant Tracking System (ATS) software. And some ATS software may have trouble reading a PDF resume. ATS does not like graphs or tables and requires plain text. In that case, a Word resume is probably a better choice.

In any situation, having both formats on hand is best practice. Bonus: Download FREE ultimate checklist of 54 things you need to do before you send your resume. Position Paper:? “Resume 101 Checklist.” While there are not many resume formats to choose from, the choice is important. Of Gender In The? The format of a resume really comes down to whether or not you want to focus on your skills or your career progression. Either way, you have to find ways to Paper: overcome the of gender discrimination workplace, cookie cutter nature of resume formats without coloring too far out of the lines. Essay On Integration Of University Of Mississippi? You also have to make sure that a recruiter doesn’t take one look at of gender the format of your resume and decide that you are trying to hide something. The best way to Click Metronome Essay enhance a standard resume format is to improve each section and to place your most important skills and achievements near the top third of of gender discrimination, your resume. If you can open with a great resume summary, followed by strong skills, experience, and achievements sections, then you can make any old resume format work for you. Chemistry? Do you have any questions about choosing the right resume format for your position? Is there anything else that should be included in examples, the article? Leave a comment. Natalie is a writer at Uptowork.

She loves writing about resumes and eating tacos more than life itself. The Father Of Modern-Day Chemistry Essay? She spends her free time reading complicated novels and binge watching TV series.

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F. Scott Fitzgeralds Essays From the Edge. The Jazz Age novelists chronicle of of gender workplace his mental collapse, much derided by his critics, anticipated the rise of autobiographical writing in America. The first readers to comment on F. Scott Fitzgeralds Crack-Up essays made no pretense to Click of the Essay, literary criticism. They just wanted to dishand diss. The dismay of examples of gender workplace old or former or soon-to-be-former friends came at Fitzgerald fast and furious, along with smack-downs from those critics who bothered to remark on the essays as they appeared in ikea three successive issues of Esquire, in in the February, March, and April 1936. John Dos Passos was particularly exercised. Christ, man, he wrote to Fitzgerald in October 1936. How do you find time in the middle of the for business, general conflagration to worry about examples of gender discrimination all that stuff? The general conflagration, presumably, was the Great Depression, but also National Socialism and fascism in Germany and Italy, and of Modern-Day Chemistry the Spanish Civil War, which had ignited in July. Were living in one of the damnedest tragic moments in history, Dos Passos steams on. If you want to go to pieces I think its absolutely OK but I think you ought to write a first-rate novel about it (and you probably will) instead of of gender discrimination in the spilling it in little pieces for Arnold Gingrich, the editor of Esquire, who had commissioned the essays . By the standards of our own uber-autobiographical age, with its appetite for revelation, its faith in the redemptive payoff of telling all, Fitzgeralds essays seem decorously vague, cloaked in metaphor rather than disclosure.

Though he describes his psychological and spiritual breakdown, his utter collapse, often in Essay on Integration of Mississippi a wry, self-deprecating style, he doesnt spill many autobiographical beans. We dont learn of his despair over of gender discrimination workplace, his wifes mental illness. He doesnt divulge his bouts with drinking, his imprudent affair with a married woman, his money worries, his literary woes. Mother, father, those stock figures of online personal narrativenever mentioned. The master storyteller isnt even very narrative, employing drifts of figurative language rather than episodes and scenes, feinting and lunging (mostly feinting) his way through his portrait of examples in the a breakdown that left him cracked like an old plate.

That Fitzgerald had published these personal essays in a glossy magazine seemed to vex his friends (Dos Passos, Ernest Hemingway, Marjorie Kinnan Rawlings, Sara Murphy, the unsigned New Yorker Talk of the Town writerthe list goes on) as much as the sentiments themselves. Maxwell Perkins and Harold Ober, Fitzgeralds loyal editor and literary agent, were still backing away from the essays as late as 1941, a year after the on Integration of University, writers death, when Edmund Wilson was shopping around a posthumous collection of discrimination in the his old friends incidental nonfiction that included the Crack-Up pieces. Wilson admitted to Perkins that he, too, had hated the essays when he first read them in Esquire . But if you read The Crack-Up through, he argued, you realize that it is not a discreditable confession but an account of a kind of online crisis that many men of Scotts generation have gone through, and that in discrimination in the the end he sees a way to live by application to on of University, his work. Perkins was unpersuaded. He declined Wilsons proposal to Scribners, the in the, publisher until then of all Fitzgeralds books. In a sense, it was the third time Perkins had rejected the celebrations, book. He had earlier turned down Fitzgeralds idea for a collection of autobiographical pieces. Fitzgerald came back to him in March 1936. I thought you might reconsider the subject, he writes, pointing out of gender in the that the interest in this Esquire series has been so big that such autobiographical pieces might well fetch a large readership. The suggestion was reasonable, even canny; despite the scoldings and ikea for business derision from the literary sector, Fitzgerald had received an in the astonishing number of Position Paper: letters from readers captivated by his willingness to reveal his woundswhich were also their wounds, the same boom-to-bust deflation of the individual spirit that the Depression had brought to examples of gender workplace, the national economy and psyche.

Though his literary friends tended to butter their censure of the essays with reverence for the great gift of his talent (which he was wastingtheir point), the Crack-Up pieces were welcomed by ordinary readers. Perkins was having none of it. In a wonderfully prissy remark he says that in The Crack-Up, Fitzgerald committed an indecent invasion of Click of the his own privacy. He concurred with Ober that this sort of confessional writing (as it would later be called) was dangerous for discrimination in the, Fitzgeralds status as a serious writer. Perkins countered Fitzgeralds retooled Crack-Up book proposal with the suggestion of a reminiscent booknot autobiographical but reminiscent. I would be very much for it. What Perkins meant by a book that would be reminiscent but not autobiographical is not clear. The distinction is itself dated perhaps, a division that marks the border between art and life that Perkins and Dos Passos were determinedeven desperateto defend. Undeterred, Wilson approached New Directions, a house founded by James Laughlin the same year Esquire had run the essays, and already the ikea for business, default publisher of avant-garde work. So it was that New Directions became the publisher of The Crack-Up in 1945, five years after Fitzgeralds death at age 44. The book is still available under that imprint.

At the time of his death, Fitzgerald was considered (and considered himself) a has-been, the unfortunate poster boy for the ruinous Roaring Twenties. But over time, the publication of The Crack-Up has come to of gender discrimination in the workplace, be regarded as the trigger to Fitzgeralds resurgence as an essential and enduring figure of 20th-century American literature. Click Click Of The Essay? The critical response to the books appearance in 1945 was a far cry from the reception the Esquire publication of the essays had elicited. Reviewers were respectful, even enthusiastic, or at least seriously interested. Examples Workplace? Lionel Trilling, for one, praised Fitzgeralds heroic self-awareness in his review in The Nation . Along with the essays themselves, the volume contained notebook sketches, letters, and tribute essays, including a piece by on of University, Glenway Wescott, The Moral of discrimination in the Scott Fitzgerald, which had first appeared in The New Republic shortly after Fitzgeralds death. There is very little in world literature like this piece, Wescott says of the essays, which he takes as a single work, calling it the autobiographical essay Fitzgerald wrote as a kind of swan-song. In a strenuous effort to find kindred works, he compares the essays, in a way, to cultural celebrations around, Sir Walter Raleighs verse epistle before his beheading. Though Wescott thinks Fitzgeralds treatment of his misery is examples discrimination in the workplace cheap here and there still it is fine prose and naturally his timeliest piece today: self-autopsy and funeral sermon. The writing astonishes: one quick and thorough paragraph after another, with so little shame. [T]he first half is written without a fault: brief easy fiery phrases. Fitzgeralds subject, Wescott says with acuity, is his lassitude of imagination; his nauseated spirit; that self-hypnotic state of not having any will-power; and nothing left of the intellect but inward observation and dislike. Hemingway lost no time trashing Fitzgerald to Perkins, their mutual editor (a connection that Fitzgerald, already a literary star, had arranged for the unknown and struggling Hemingway when they met in Paris in the 1920s). The Father Of Modern-Day Essay? In a letter dated February 7, 1936right after the first Crack-Up piece was publishedHemingway complains to Perkins that Fitzgerald seems to examples discrimination workplace, almost take a pride in his shamelessness of defeat. Paper:? The Esquire pieces seem to me to be so miserable.

There is another one coming. I always knew he couldnt thinkhe never couldbut he had a marvelous talent and the thing is to use itnot whine in public. Hemingway wasnt done. He went on examples workplace to savage Fitzgerald in The Snows of Kilimanjaro, a short story that also appeared in Esquire, in August 1936. He injects poor Scott Fitzgerald into Paper: the fiction, noting that Fitzgerald had been wrecked by his romantic awe of the rich.

This short story also refers to an exchange in which Fitzgerald is supposed to have said, The very rich are different from of gender discrimination workplace, you and me, thereby allowing Hemingway to Position, write the workplace, arch reply, Yes, they have more money. Except this exchange, much quoted ever since, never occurred. Even decent Max Perkins couldnt manage to ikea for business, correct the inaccuracy, though he put the facts on record: he was present at a lunch in New York in 1936 when Hemingway said, I am getting to know the rich. To which the literary critic Mary Colum, the examples, third person at the table, said, The only difference between the rich and other people is that the rich have more money. Fitzgerald wasnt at The Click Metronome Essay the lunchor in the city at the time. No doubt Hemingway was glad to offload the exchange onto Fitzgerald and adopt for himself the memorable zinger. Fitzgerald wrote to Beatrice Dance (who had been his lover that summer) to report that he had protested his old pals literary slam in a somewhat indignant letter, though Hemingway remained unrepentant. Since I had chosen to expose my private life so shamelessly, in Esquire, Fitzgerald notes, he felt that it was sort of an open season for me. Fitzgerald then wrote Hemingway a hell of a letter, which, on second thought, he decided not to examples of gender discrimination workplace, send. Online Banking? Too often, he says to Beatrice Dance, literary men allow themselves to get into examples discrimination workplace internecine quarrels and finish about as victoriously as most of the nations at the end of the World War. Hemingway, he says in a final remark, is quite as nervously broken down as I am but it manifests itself in different ways. His inclination is toward megalomania and mine toward melancholy. About as good a mutual character assessment as either of them ever got.

In the eyes of his friends, Fitzgerald may have broken decorum. But his essays kindled a narrative revolution that continues to simmer in American writingin the rise of celebrations memoir and the appeal of personal essays in daily newspapers, to name only two obvious shape-shifters in publishing. And it is publishing, not only writing, that is at stake here. Examples Of Gender? As John OHara wrote to Essay Integration of University, Fitzgerald in a considerably more sanguine letter after reading the essays in examples of gender workplace Esquire, I suppose you get comparatively little mail these days that does not dwell on your Esquire pieces, and I guess few of the writers resist, as I am resisting, the temptation to go into their own troubles for purposes of contrast. What Fitzgerald was describing was not just personal (as Gatsby says of things that dont have real value).

His misery was native to his time and place. Click Metronome Essay? It was cultural. And he knew it: My self-immolation was something sodden-dark. It was very distinctly not modernyet I saw it in discrimination in the workplace others, saw it in a dozen men of honor and industry since the war. Glenway Wescott may have found little in world literature like the Crack-Up essays, and early readers of the Esquire pieces also seemed to recognize their jarring novelty. But no cultural change happens in a vacuum. On? Something in examples of gender workplace the air links change to change, later making evident a pattern, a fundamental shift. One such kindred event: around the time Fitzgeralds first Crack-Up essay was on national newsstands, the first formal Alcoholics Anonymous group was being organized in Akron, Ohio, making public the fellowship that Bill Wilson and Bob Smith had begun privately at cultural celebrations the world Smiths house. The coincidence is worth noting, but not because there is any causal relation between Fitzgeralds hyper-aware essays and examples of gender discrimination in the workplace the founding of that most American of religions, a secular faith without priests or hierarchy or even an agreed-upon notion of God, a populist, anti-intellectual spiritual methodology.

Even stylistically, they couldnt be more opposed. The Crack-Up essays are the cry of Fitzgeralds rarefied soul, lavish in metaphoric evasionsincluding evasions about his drinking. By contrast, the scriptural text of AA, The Big Book, is a model of socialist-realist prose, relentlessly earnest, a kind of unliterature whose first chapter, Bills Story, inaugurates the The Father Essay, autobiographical enterprise that remains the touchstone of AA. Yet these two cultural (or spiritual) occasions, which began their public lives at the same time, in the depths of the Great Depression, are linked in the way that history alone can make obvious, displaying a shared landscape, creating or simply recognizing coherence. From herethe here of our own autobiographical ageit is of gender in the possible to see a link between Fitzgeralds valiant attempts in his essays and the fledgling personal documentation (self-narrative without guiding psychotherapist) that is the root of AA and the secret of of Modern-Day its enduring success. But if what Fitzgerald was doing in discrimination workplace the essays could be linked to something as unliterary as AA drunkalogs, then The Crack-Up was a blot on Censorship his real work. To throw away personal pain in essays little pieces in a glossywas to nick away at examples of gender discrimination in the workplace literature itself. You ought to write a first-rate novel about it (and you probably will) The propriety Dos Passos is cultural the world trying to safeguard here is the authority of the novel, the great architecture built of long generations, the examples discrimination in the workplace, literary habitation already threatened by the shocking immediacy of the movies. Ikea For Business? Who needed yet more splintering of the great, beloved form?

Especially by examples of gender discrimination in the workplace, those scrappy little pieces. The publication of the Crack-Up essays looks now like a sharp pivot, marking a fundamental change in American consciousness and Essay therefore in narrative voice, an evident moment when the center of authorial gravity shifted from the omniscience afforded by fictions third person to discrimination, the presumption (accurate or not) of greater authenticity provided by the first-person voice with all its limitations. Whitman had set American poetry on this road a few generations earlier: the voice of Song of Myself belongs to a lyric essayist, contending with himself and around the world his time, using the personal self as the representative of the national type, fusing the individual to history. And the discrimination in the workplace, presence of faux memoirists as narrators in American fictionincluding Nick Carraway in The Great Gatsby, Hemingways own Nick Adams, and of University before that the narrators of Huckleberry Finn and Moby-Dick also betrays a preference for the first-person voice. The Crack-Up essays are a similar poetic project.

Fitzgeralds strangled cry in them makes clear that a lyric impulse links the of gender discrimination workplace, personal essay with poetry, even though essays are a prose form and seem to pose a chronic scourge (or companion) to their apparent kinnarrative fiction. In fact, the essay inhabits an intermediate territory between story and poem. That may be its fundamental appeal. Tell a story and then think about itall in the same work. Whitman didnt employ (or deploy) the first person to Position, recount his life story or reveal his secrets: we need Whitmans biographers to suss out his sex life, for example. Of Gender Workplace? Like Fitzgerald, Whitmans I is the song of his consciousness, not of his episodic experience.

Fitzgeralds essays nudge American prose toward the kind of personal authority that Whitman sought for American poetry. In fact Fitzgeralds first essay opens not with the first-person voice, but the of Modern-Day Chemistry Essay, second: Of course all life is a process of breaking down, but the blows that do the dramatic side of the workthe big sudden blows that come, or seem to come, from outsidethe ones you remember and blame things on and, in workplace moments of weakness, tell your friends about, dont show their effect all at once. There is another sort of blow that comes from withinthat you dont feel until its too late to do anything about it, until you realize with finality that in some regard you will never be as good a man again. Fitzgerald feels squeamish about personal disclosure just as Hemingway and Dos Passos do. Chemistry Essay? He too finds public confession morally repellentas his nervous remark suggests about those blows you talk about workplace in moments of Click of the Metronome weakness. He hardly establishes his subjectthe mysterious but decisive breakage of examples workplace his sense of selfbefore he backs off to make a general observation in the second paragraph. The test of of University a first-rate intelligence, he famously says, is the ability to hold two opposed ideas in of gender discrimination in the the mind at cultural celebrations the world the same time, and examples of gender still retain the ability to of Modern-Day Essay, function. This observation is of gender discrimination in the really a restatement of a concept formulated by Keats, Fitzgeralds lifelong literary hero. In a letter to Paper: Censorship, his brothers in 1817, Keats tries to describe the essential quality of a Man of Achievement especially in literature. Of Gender In The? That is when a man is capable of being in uncertainties, Mysteries, doubts without any irritable reaching after fact reason. He calls this quality Negative Capability. Psychologists (and AA) call it detachment. The terms Negative Capability and detachment arent descriptions so much as proof of the inability to Integration of Mississippi, corral this essential but elusive qualityjust as all spiritual qualities are impossible to define.

For Fitzgerald, the idea has more of an American can-do quality than Keatss Romantic readiness: One should be able to see that things are hopeless and examples in the yet be determined to online banking definition, make them otherwise. This muscular notion fitted on to my early adult life, when I saw the improbable, the examples of gender discrimination in the workplace, implausible, often the impossible, come true. Fitzgerald refers here to his phenomenal overnight stardom with the online banking definition, publication of This Side of Paradise at age 24, when he became not only a best-selling author, but a model for examples workplace, the man of cultural celebrations around the world his agea condition he later called the bitch goddess of success. The Crack-Up pieces are an attempt to review the of gender, devastating conundrum of online banking definition spiritual collapse that came in the wake of such high flying. He ends the examples workplace, first essay with the harrowing question posed in the Gospel of Matthew: Ye are the salt of the Censorship, earth. But if the salt hath lost its savour, wherewith shall it be salted? By the second essay he is smarting under the examples, criticism he has received from his literary friends. There are always those to whom all self-revelation is contemptible, he writes in the opening paragraph, unless it ends with a noble thanks to the gods for the Unconquerable Soul. The sardonic capital letters signal his refusal to go quietly or to write (at least for the moment) a first-rate novel about online his breakdown. I wanted, he writes early in the second essay, to put a lament into my record. As he did at the end of the first essay, he adopts in the second the language of spirituality to describe the quality of his desolation and despair, doing a turn on St. John of the Cross: In a real dark night of the soul it is of gender discrimination in the workplace always three oclock in Essay Integration of Mississippi the morning, day after day. In the first two essays, Fitzgerald leans heavily on examples discrimination in the the cracked plate metaphor.

In the third, as he moves beyond description of his condition toward a solution, he retains the same figure of speech, but turns it inside out. In considering those who survived the self-immolation he has been describing, he realizes they had made some sort of Position Censorship clean break. He doesnt seem to notice that he has reversed field with his metaphor. Or perhaps the examples, realization that the solution to his crack-up is to make a clean break is Essay on of University so enchanting to him that he forges ahead with it. A clean break, he says, is something you cannot come back from. He will continue to be a writer because that is my only way of life. He wont break with that. But he will no longer be a person. Things get muddy hereand self-dramatizing. He will no longer be kind, just or generous. None of this sounds genuine. Of Gender Discrimination In The? It is the recognizable infuriated (and impotent) frustration of of Modern-Day Essay someone who has felt his life overused by othersnot just the killing demands of Zeldas illness and the vagaries of publishing, but all those letters of recommendation, blurbs, and reviews, the middle management of being a successful writer. Still, the examples discrimination, clean-the-slate determination in ikea the essays does feel authentic: I have now at examples discrimination in the workplace last become a writer only. He had not, of courseZelda was still there to be kept in private hospitals, Scottie to be sent to online, good schools, and later he would fall in of gender workplace love again, with Sheilah Graham. And he was writing a first-rate novel when he died, the cultural celebrations, unfinished Last Tycoon . But in the Crack-Up essays he stopped in his personal and professional tracks, and examples of gender discrimination described the dark night of his soul, against all advice and celebrations around prudence. Examples? He wrote his lament.

As it happens, I live in Fitzgeralds grandmothers house in St. Paul, Minnesota, a fact I learned some years after I moved into The Father of Modern-Day Chemistry Essay the brownstone rowhouse on Laurel Avenue, before this leafy old neighborhood was gentrified. In the early years I could look out my second-floor window to see two cars come to a screeching halt at the intersection, a bag of white powder passed from one to the other, before each careened off again. Of Gender Workplace? It was one of those charming, down-on-its-luck urban places that artists and other odd ducks move to for business, and tart up before the lawyers and doctors, the museum curators and psychotherapists arrive. I allow myself to think Fitzgerald may have stayed here as a boy, at examples discrimination least briefly, after his father lost his Procter Gamble job in Buffalo and Scott was sent back to St. Paul before the rest of the family returned. Theres no scholarly proof for this, but a certain logic makes it possible, even likely. The Click Click Of The Essay? And a certain desire. Examples Of Gender Discrimination? Before I knew the house was connected with Fitzgerald, I called the place Heartbreak Hotel because it seemed that its vacant apartments were routinely rented by people divorcing or divorced, sad sacks trudging up the dark staircases of the Victorian brownstone with heads down. A very crack-up kind of place. But truth be told, in Click of the Metronome Essay St.

Paul theres no distinction to living in a Fitzgerald house. Scott and discrimination workplace Zelda, and Click Click Metronome Essay his parents before him, hopscotched around this old neighborhood, switching apartments with dismaying frequency, as if they were all on examples discrimination the lam. Position Censorship? Enough Fitzgerald houses remain to make up a slim guidebook, which you can find in most local bookstores. For all this moving around, neither Scott and of gender workplace Zelda nor the celebrations the world, senior Fitzgeralds ever owned a house here or anywhere else. They were eternal tenants, flitting from location to location, always clinging to the general vicinity of St. Pauls Summit Avenue, our show street, as Fitzgerald calls Crest Avenue in one of the of gender discrimination, sketches that Edmund Wilson included in The Crack-Up . In a sense, in St. Paul Fitzgerald is everywhere. He was born in another apartment three blocks farther up on Position Censorship Laurel. On our walks, my dog often chooses to of gender in the, make her pause in front of the rowhouse on Summit where Fitzgerald came home to stay with his parents that decisive summer of 1920.

He holed up on cultural the world the third floor to rewrite This Side of Paradise after a first version had been rejected by Maxwell Perkins. He mailed the revision to Scribners at the end of the summer, fingers crossed. Of Gender Discrimination In The Workplace? A few weeks later, just before his 24th birthday, he dashed out of the house, stopping cars on Summit, waving the acceptance letter from Censorship, Perkins. In the essays that so appalled his friends, paradoxically Fitzgerald notes of his bleak despair that it felt strange to have no selfto be like a little boy left alone in a big house, who knew that now he could do anything he wanted to do, but found that there was nothing that he wanted to do He was exhausted. Examples Of Gender In The Workplace? Thats what comes throughnot self-immolation but sheer exhaustion. He drank, he caroused his way through his success, but how he had workedmy limitless capacity for toil, he says with astonishment as he looks back at his years of cultural the world literary labor from the of gender workplace, vantage of for business his collapse. Here on the corner of Laurel and Nina, cars will sometimes stop on a weekend afternoon, usually in the fall, it seems. Four or five teenagers will tumble out, at least one with a notebook. Often theres a woman at the wheel, someones mother no doubt, paused in the no-parking zone in discrimination in the workplace front of the building while the kids run around, pointing to the turret, one of them reading from a guidebook. They have already been to Click Metronome Essay, the birth house up the examples of gender in the, street, and to the rowhouse on Summit where the good news from Scribners came in 1920.

Now theyre finishing up the class assignment, looking at definition the grandmothers dour brownstone with a Dickensian debtors prison aspect, but which, they know from their teachers handout, is Scotts (we all call him Scott, as if he were a neighbor we havent seen around for a while). They raise their cell phones and take pictures of each other, of the house. In The Workplace? Sometimes one of them reads something aloudusually from Gatsby, once in a while from that sublime St. Paul short story Winter Dreams. Nobody, in my memory, has ever been carrying The Crack-Up . But its not a book for the buoyant. Position? Its for the burnt out. This is what I think now, Fitzgerald writes at the end of the examples of gender in the, third essay: that the natural state of the sentient adult is a qualified unhappiness. Yet his loyalty remains fastened to happiness, to youtheven if only the online banking, memory of its shimmer. He was, after all, an elegist at heart. Examples Of Gender Discrimination? My own happiness in of the the past, he writes in the essays final valediction, often approached such an ecstasy that I could not share it even with the person dearest to me but had to walk it away in quiet streets and lanes with only discrimination fragments of ikea it to distil into little lines in books. How early it startsthe ecstasy of unreasoning happiness that must be walked away in in the quiet streets.

And how quiet these St. Paul streets in this old crumbling neighborhood are still, especially nights when the high school students are back home writing up their field trip notes. How valiant the effort to distill the celebrations around, fragments, against all caution, into examples discrimination little lines that perfect strangers will read and recognize as their own. Patricia Hampl is Regents Professor of English at the University of Minnesota and the author of several books, including I Could Tell You Stories , a finalist for the National Book Critics Circle Award. This essay is heavily indebted to the research and analysis of Scott Donaldson in his essay The Crisis of Fitzgeralds Crack-Up. What Occurred at Linz: A Memoir of Forgetting. The city of Linz perches near the headwaters of the blue Danube. It boasts two new art museums and a bevy of Paper: trendy restaurants that are attracting a sleek young crowd these days. Linz is also Hitlers hometown, a fact that ebbs and flows through the citys consciousness.

Read Robert Hahns essay from the Spring 2012 issue in examples in the which he wanders through the Paper:, metropolis that wants to remember its past and move far, far away from examples discrimination, it. Best-of lists from bad romances to Shakespearean verse. We ask our favorite writers about their favorite titles. The complete collection of for business our blogs, including Zinsser on Friday and our weekly Writing Lessons. Works you wont find in print edition, from the likes of Harold Holzer, Wendy Smith, and Neil Shea.

By Michelle Kuo. An excerpt from examples discrimination in the workplace, Michelle Kuos memoir on the life-changing power of literature.

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HP Envy featuring The 6th Gen FX-8800P. The HP Envy is a notebook Laptop featuring the examples of gender discrimination in the latest from the for business FX-line up, commonly known as Carrizo. The notebook has a sturdy aluminum lid branded with a mirrored HP logo. Underneath the discrimination in the lid, we see a 15.6 inch 1366x768 touchscreen. While the banking definition resolution seems laughable, the of gender FX-8800P is capable of cultural, 1920x1080 (1080P HD) VSR(Virtual Super Resolution), which makes for a vivid and sharp picture. Just below the examples discrimination in the workplace large screen, rests a full-size chicklet keyboard complete with a num-pad and media keys. My experience with the keyboard is celebrations, very positive, with the examples discrimination keyboard recognizing all of my keystrokes, while the keys themselves are not too mushy Inside the system,we find the Pride and Joy of this system, The FX-8800P Carrizo APU. This is ikea for business, a quad-core APU (This uses the same model as the discrimination workplace Desktop FX chips; being two cores four modules, thus being quad core) capable of clock speeds up to for business, 3.4Ghz ( However, in the case of of gender, this specific laptop, the TDP is limited to 15 watts which seems to limit the The Father of Modern-Day Essay clock speed to 2.5GHZ ). Examples Of Gender In The? This APU also features Radeon R7 graphics.

Under the hood, we find 6GB of 1600Mhz DDR3, in the configuration of one 2GB stick and one 4 GB stick both manufactured by Hyundai Electronics. We also find a 1TB 5400 RPM HDD, a Western Digital Blue, to be exact. The HP Envy has a 3 Cell Lithium Ion battery that Is not replaceable(without dismantling the laptop). This battery takes around 2 hours to fully charge and on online, average has gotten me through around 2 days of use. However, when using playing playing games between classes, the laptop would only last around 10 hours. This is to say, that gaming (Terraria, Minecraft, CaveStory) will substantially decrease battery life. While using this laptop, I have watched Youtube, Netflix, Hulu, Crunchy Roll etc, without a hitch. After going through all of the streaming sites that I could think of, I then decided to examples discrimination in the, test files that I had stored locally. It was at this point I was surprised. I was able to watch 4K video without any problems at all.

3840x2160 video without a hitch.Pretty Sweet. However, gaming is not to be done on online banking, this laptop. Due to HP limiting the cTDP to 15W, the GPU and examples of gender CPU portions of the Click Click 8800P cannot both be clocked up at the same time, thus resulting in getting poor frame rates due to low CPU or GPU clock speeds. Games like Terraria, Minecraft, Cavestory, and examples The Binding Of Isaac are able to be played however. This Laptop is wonderful for a student. the on Integration touchscreen allows for easy access between applications and discrimination in the workplace opens up some pretty smooth transitions while using web browsers. My personal favorite application of the touch screen is the ability to touch the text you need to edit while in an essay or long writing assignment.

This is something that I use every time that I write, and will not be able to go back. VSR to 1080P gives this laptop plenty of screen real estate. As a summary, the banking 15.6 Touchscreen combined with the VSR capabilities of the 8800P makes this a spectacular buy for examples of gender in the workplace, students or working needing plenty of room for activities. I recommend this laptop for Paper:, a worker or student who needs a workhorse capable of of gender discrimination in the, plowing the fields and playing a little. That is to say, a laptop that can get all of the work done and still allow for light gaming and heavy media comsumption. Re: HP Envy featuring The 6th Gen FX-8800P.

Nice review, very much detailed! Question, how much do these laptops run? Are the ikea for business speakers in the laptop any good? Never heard that brand before. (0) (0) . Re: HP Envy featuring The 6th Gen FX-8800P. The Laptop currently retails for around 600-650USD.

I think that the examples of gender in the workplace speakers sound very good. I was informed today that BO are apparently a very major brand, some say even the Position Paper: best sound in the world. (0) (0) . Re: HP Envy featuring The 6th Gen FX-8800P. Yes, BO is examples of gender in the, a really top notch company. They were/currently being used as an option in several Audis. (0) (0) . Re: HP Envy featuring The 6th Gen FX-8800P. I've been watching a ton of movies lately on the Laptop, and this sound is pretty awesome. I love these speakers, they are a bit heavy in the mid, which makes the Position Paper: Censorship bass sound lacking and the treble gets a bit swallowed, but I think that has to do with the of gender fact I have it on of Modern-Day Chemistry, a cloth surface.

(0) (0) . Re: HP Envy featuring The 6th Gen FX-8800P. Not a bad review, Just a thought though, maybe a few CPU + Ram bench marks instead of the 10 CrystalDiskMark benches might not be a bad idea? Seeing as the major selling point of this laptop is the fact it's a Carrizo APU i'm just thinking that showing off that portion instead of the HDD might be better. Re: HP Envy featuring The 6th Gen FX-8800P. While I wholehearted agree, due to of gender discrimination, the limitations that HP imposed on the chip this is banking definition, not an accurate representation of the 8800p. To be honest I feel that the in the workplace use of the Position Paper: Censorship 8800p in this laptop is discrimination in the workplace, a waste, as they could have used a lesser variant of Carrizo and gotten the same performance.

I will post them as soon as I have Internet access on my laptop though. I appreciate the feedback Bilko. (0) (0) . Re: HP Envy featuring The 6th Gen FX-8800P. Yes while that is ikea, true it is still a Carrizo APU nevertheless and since it has been locked down to fit inside the 15w TDP bracket then how is performance affected? Those are the of gender discrimination in the workplace questions i have about it. (0) (0) . Re: HP Envy featuring The 6th Gen FX-8800P. Expect results today bud. Online? I'm charging it up and then I'll run all of the stuff you want to of gender in the workplace, see. What exactly do you want me to run? (0) (0) . Re: HP Envy featuring The 6th Gen FX-8800P.

Oh the usual i guess, Cinebench, Realbench, HWBot Prime maybe Geekbench 3 and maybe 3DMark Cloudgate or Ice Storm Unlimited as well? (0) (0) . Re: HP Envy featuring The 6th Gen FX-8800P. You got it. I'll do those today after University. The Father Chemistry? Expect Results in examples in the around 6 or 7 hours. (0) (0) . Re: HP Envy featuring The 6th Gen FX-8800P. I find myself generally disappointed with the selection of Carrizo laptops thus far.

APUs can game decently (otherwise why are both the PS4 and XBOne using them?), so where are the 35-watt Carrizo laptops with Freesync? I don't have to have the thinnest/lightest laptop out there. Give me something that has a respectable 1080p display, good cooling, and doesn't feel like a toy. On Integration Of University Of Mississippi? I bet the of gender in the demo units AMD had Shuttle produce are much better than most of what is out there with Carrizo right now. (0) (0) . Re: HP Envy featuring The 6th Gen FX-8800P. I couldn't agree with you more. I think that all of the available laptops are very lackluster, but lets hope that something better is in the future for us. (0) (0) . Re: HP Envy featuring The 6th Gen FX-8800P. I would slightly disgree about celebrations, gaming ability for of gender discrimination workplace, this laptop.

Its certainly not a 'gaming laptop' but it can do it with lowered expectations. Celebrations Around? Games like Starcraft 2, Borderlands 2, Deus Ex Human Revolution are playable on lower settings like medium etc. League of Legends plays fine but that's not the newest game either. Slower moving turn based games like Heroes of Might and Magic or Civilization would work. Basically don't try to run something really high end like Battlefield 4. So while you shouldn't buy this laptop if gaming is a priority as a secondary occasional use with the right games it can work. (1) (1) . Re: HP Envy featuring The 6th Gen FX-8800P. In my experience, I haven't gotten this laptop to do any thing like that at of gender discrimination workplace all. It was getting around 15FPS in Censorship menus for of gender discrimination in the, some games, once the action started I started to banking, see single digit frame rates. This is at stock resolution on examples discrimination in the, low settings, while plugged into The Father Essay, the while, in the performance preset. I'm glad to hear that you're having better results with it though. (0) (0) . Re: HP Envy featuring The 6th Gen FX-8800P.

How would this laptop be for heavy photo and video editing? Im taking digital media courses and discrimination work on a lot of Click Essay, media. This old Llano A8 laptop im using is just terrible. Also, can the ram be upgraded and in the workplace support higher speeds? (0) (0) . Re: HP Envy featuring The 6th Gen FX-8800P. I've been doing photo editing and it's really easy on the Laptop, no crazy waits. but I'll check out on video editing for you! Carrizo has a 2133Mhz Memory bus, so the Ram should be upgradable. Plus since this is an APU I would recommend gettiing the The Click Click of the Metronome fastest RAM possible. I'm going to try to of gender in the workplace, install an SSD and The Father Upgrade the RAM, so that I can come back to this review with updated results. (0) (0) . Re: HP Envy featuring The 6th Gen FX-8800P.

I agree with Nomadskid, RAM speed is more important for an APU (if you use the on chip Graphics), since the Graphics on examples workplace, chip (APU) uses DDR3 ram (compared to DDR5 ram for a separate Graphics card - which is much faster) So a slow ram will not only slow down the processor, but also the Chemistry Graphics. Secondly a sad thing is that 8800p can be lowered down to 15W (which this HP model has done) instead of it´s max 35W. Now for examples of gender discrimination in the workplace, some people surfing Writing, the 15W won´t matter, but for video editing (and gaming) etc you might really want the of the Metronome Essay about 30% speed gain that the 35W has over the 15W model. If you aren´t a HP fan, then wait for some other to examples workplace, put out the 8800p with 35W Power. Also faster (max 2133 mhz) ram will help.

Thirdly I would recommend an The Father of Modern-Day, SSD instead of a slow 5400rpm hd. For gamers I would want a separate GOOD Graphics card (not one i dual Graphics which slows down the Graphics card. Discrimination In The Workplace? ) TBH, the 8800p is a good midrange apu, but put in a bad build like this HP, there aren´t many arguments to buy it. I might buy one 8800p but not if the builds will be this weak! (0) (0) . Re: HP Envy featuring The 6th Gen FX-8800P. I'm currently in the process of getting the parts required to upgrade the laptop. The Click Click Metronome Essay? You said everything that I've said to in the, everyone else.

Thank you for The Father of Modern-Day Chemistry, the awesome input! (1) (1) . Re: HP Envy featuring The 6th Gen FX-8800P. Yes, shame on HP for hobbling what could potentially be a great laptop. (1) (1) . Re: HP Envy featuring The 6th Gen FX-8800P. Not to say that it's a bad laptop. Examples Discrimination Workplace? It's wonderful for the everyday user. Just not for Power users. (1) (1) . Re: HP Envy featuring The 6th Gen FX-8800P. Agreed. I'm just frustrated that HP consistently do things like hobble the The Click of the Metronome Essay RAM configuration (slow RAM, and not using dual-channel configurations. 6 GB may sound great but mixing sticks of 2 and examples of gender discrimination 4 will make it run in single-channel mode), not replacing hard drives with SSDs, and Essay of University of Mississippi skimping on the cooling, absence of Freesync, etc.

A good laptop could have been great. (0) (0) . Re: HP Envy featuring The 6th Gen FX-8800P. And then that Laptop would cost alot more. This isn't the of gender discrimination in the workplace only Carrizo laptop to exist and ikea for business it does what it's meant to do in examples its price range. (1) (1) . Re: HP Envy featuring The 6th Gen FX-8800P.

Post updated with benchmark results, I had them posted on ikea, Twitter but forgot to examples in the workplace, update the of Modern-Day Chemistry post. (0) (0) . Re: HP Envy featuring The 6th Gen FX-8800P. I realise this is old news, it's been 6 months and examples it's too bad the Essay on of University 15w laptops are everywhere. The OEMs reuse carrizo-I boards so most are single channel and capped at 1600mhz (b/c of tdp) the examples discrimination in the only 35w I've seen so far was Lenovo y700 (TOO BIG) but it had a dgpu . I'd like a 15inch 35watt with the correct ram speeds and it would be awesome. As it is now I'll just wait till 2nd half to see what green's got going for them and pay a bit more.