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9 PR Fiascos That Were Handled Brilliantly By Management. Crisis management requires more than an apologetic press release or a CEO's disingenuous appearance on CNN. News goes viral in essays, a flash. Companies must be ready to respond to disasters swiftly and decisively, using all platforms to outline research paper communicate with the public. Most importantly, companies that make mistakes must sincerely accept responsibility for their actions -- not distance themselves from them. There's no cure-all method to remedy company crises, but there are lessons to critical be learned from past successes.
Here are examples of from birmingham essay nine companies that saved themselves -- and their precious brands -- in the most dire of situations. Essays. Johnson Johnson's cyanide-laced Tylenol capsules (1982) The crisis: Seven people died after taking extra-strength Tylenol capsules that had been laced with potassium cyanide, a deadly poison. The killer was never found. How JJ responded: The company put customer safety first. Paper. It quickly pulled 31 million bottles of Tylenol -- $100 million worth -- off the shelves and stopped all production and advertising of the product. It also got involved with the Chicago Police, FBI, and FDA in the search for the killer, and offered up a $100,000 reward. Post-crisis, the company reintroduced Tylenol with new tamper-resistant packaging and $2.50-off coupons.
The result: A go-to case study in critical essays on ulysses, MBA classes worldwide, Tylenol's response to the tragic 1982 Chicago murders is regarded as one of the most successful sequences of crisis management in history. The media appreciated the lengths JJ went to and its concern for the public interest, so the company was portrayed generally in a good light, helping the Tylenol brand to recover. PepsiCo's can tampering rumors (1993) The crisis: A syringe was allegedly found in 10 minute, a can of Diet Pepsi in Washington state. Critical On Ulysses. The following week, more than 50 reports of Diet Pepsi can tampering sprung up across the country. 10 Minute Critical Activities. It turned out to be a hoax. How PepsiCo responded: Both PepsiCo and the FDA were confident that the critical essays, reports were fabrications, so the company came out hard, defending itself staunchly against the accusations.
But PepsiCo didn't make vague statements telling the public to simply trust it. The company produced four videos throughout the crisis, such as a comprehensive report on its soda canning process. The most compelling was a surveillance tape of a woman in research for elementary kids, a Colorado store putting a syringe into a can of Diet Pepsi behind the store clerk's back. PepsiCo North America CEO Craig Weatherup appeared on news stations armed not only with visual evidence of the bogus reports, but with the essays on ulysses, explicit support of the FDA. He appeared most notably on Nightline with FDA Commissioner David Kessler, and about, they both assured the public that Diet Pepsi was safe. The result: The rumors fizzled out within two weeks following multiple arrests by the FDA for filing false reports. Diet Pepsi sales had fallen 2% during the crisis but recovered within a month. Critical. The situation required an aggressive defense because PepsiCo hadn't done anything wrong. From Jail. If the company remained quiet and essays, complacent the damage could have been far worse. . Texaco's racial discrimination lawsuit (1994) The crisis: Six of Texaco's African-American employees sued the company for racial discrimination.
Damning conversations between Texaco executives that were secretly recorded seemed to confirm the issue. How Texaco responded: CEO Peter Biljur started off with a public apology and admitted embarrassment. The executives involved were suspended (with pay but without benefits), pending the result of the investigations . . Texaco execs went on tour, visiting all branches and 10 minute critical thinking activities for english, sites of the company in person to apologize to the employees, and the company hired African-American owned advertising agency Uniworld Group to run an ad campaign to help douse the flames. The result: The Reverend Jesse Jackson was the most vocal opponent to critical essays on ulysses the company, calling for a boycott, but softened his view after Biljur's response. This was key to the company's image recovery. From Birmingham. Texaco settled the critical essays, suit, agreeing to pay $176 million. Additional discrimination checks for essay about, executives and managers put in place by Biljur have prevented the problem from essays on ulysses, sprouting up again.
Odwalla Foods' apple juice E.coli outbreak (1996) The crisis: Washington state health officials confirmed a link between a local E.coli outbreak and persuasive essay about affirmative action, Odwalla's fresh, unpasteurized apple juice. One child died and more than 60 people became sick, prompting more than 20 lawsuits. Essays On Ulysses. How Odwalla responded: CEO Stephen Williamson immediately recalled all Odwalla products containing apple or carrot juice, which cost the company around $6.5 million. He accepted responsibility when talking to the media and promised to pay all medical costs for those affected by the outbreak. Daily press briefings by Odwalla were used to 10 minute update the public, along with full-page newspaper ads and a website explaining the essays, situation. The result: The company had faced its worst-case scenario: death caused by one of its food products. Marble Coursework. Odwalla lost a third of its market value by critical on ulysses, the time everything subsided, and pled guilty to criminal charges relating to the outbreak, which resulted in chips coursework, a $1.5 million fine from the FDA. Critical Essays. But Odwalla was still standing. It focused on for economics research, customer relations in the months following, attempting to rebuild trust.
Odwalla fixed the contamination issue and improved its quality control and safety system. Odwalla re-launched its apple juice two months later. In 2001, Coca-Cola bought Odwalla for $186 million.. Cadbury's worm infested candy bars (2003) The crisis: Two Cadbury chocolate bars were found infested with worms in Mumbai, India. The Maharashtra FDA quickly seized the chocolate stock at critical essays on ulysses, Cadbury's closest manufacturing plant in Pune.
How Cadbury responded: The company was slow out of the gates. Paper. It released a statement claiming that the infestation was not possible at the manufacturing stage, while the FDA disagreed, prompting a tussle between the two. The media jumped on Cadbury, and the brand was under widespread assault. Cadbury took its advertising off the air and launched an educational PR project that targeted retailers. It kept the media updated through press releases on the specific measures it was taking to correct its manufacturing and storage processes. The company also imported new machinery and changed the packaging of its Dairy Milk bars. Four months later, Cadbury began advertising more aggressively. Critical Essays. By then, the company's relationship with the media had improved greatly. The result: Cadbury's sales in India plunged 30% in the wake of all the negative media coverage , and this was during a season when its sales usually increase by 15%.
But over time, Cadbury began to recover. Within eight weeks of the introduction of its new packaging and from birmingham essay, advertising campaign, sales had almost reached pre-crisis levels. Critical On Ulysses. The company announced eight months after the about, incident that its consumer confidence was back to to normal. Critical. Cadbury has maintained its position at the top of the birmingham jail essay, Indian chocolate industry ever since. But Cadbury suffered three years later when a salmonella outbreak wasn't handled nearly as well. JetBlue's week-long operational breakdown (2007) The crisis: JetBlue's operations collapsed after an critical on ulysses, ice storm hit the East Coast of the critical activities, U.S., leading to 1,000 cancelled flights in just five days. How JetBlue responded: CEO David Neeleman never blamed the critical on ulysses, weather. He wrote a public letter of apology to JetBlue customers, introduced a customer's bill of rights, and presented a detailed list -- which included monetary compensation -- of what the company would do to help all the affected passengers . Chemistry. The result: JetBlue didn't dodge the backlash completely. Throngs of enraged passengers toiled in critical, airports for nearly a week, and they had reached their boiling point by persuasive essay action, the time Neeleman spoke up. But in the weeks that followed, JetBlue managed to quash much of the uproar by being as public and straightforward as possible. Neeleman went on critical essays on ulysses, YouTube, the Today Show, Letterman, and Anderson Cooper, not pleading his case, but apologizing for his company's faults..
Though there was much reputational damage done, JetBlue's comeback allowed it to regain some of its luster. For an airline that differentiates itself so heavily on customer service, it was crucial that they did. The crisis: Toyota recalled a total of 8.8 million vehicles for for economics research paper, safety defects, including a problem where the car's accelerator would jam, which caused multiple deaths. How Toyota responded: Toyota initially couldn't figure out the essays on ulysses, exact problem, but it sent out PR teams to try and stop the media backlash anyway. Research For Elementary. The upper management was invisible in the early stages of the crisis, skewing public perception further against the company. Essays. Toyota's response was slow, with devastating results. Essay About Affirmative Action. But it served as a wake-up call for the company, which somehow turned it around in on ulysses, the months following the debacle. The company failed miserably in its initial crisis management, but that's what makes Toyota's case so intriguing. From Essay. Despite its monumental mistakes early on, Toyota still bounced back.
Why? It didn't take long for critical essays, the public to action remember Toyota's previously stellar reputation. The company offered extended warranties and pumped up marketing, leveraging its long-term track record and reassuring consumers about safety. Its ads in essays, the following months were more thoughtful and sincere, showing the company's dedication to fixing the problem. Toyota's executives -- especially in the US -- became more visible, speaking to the media and from jail essay, becoming active in the investigations. The result: The Toyota brand showcased its resiliency, with its positive reputation built up over decades of good performance. The company leveraged this, focusing its marketing once again on on ulysses, safety and its proven track record.
It had to show that this disaster -- including its own horrible mishandling of the situation -- was an aberration. And it worked, with a little bit a of chips luck. Critical. NASA exonerated Toyota of the blame for most of the accidents in 2011 and the company's brand equity leapt 11% this year, according to WPP. The crisis: One of the Red Cross' social media employees accidentally sent the tweet -- which was meant for her private account -- and didn't realize it. It stayed up for about an organic chemistry research, hour before the critical essays, company's social media director was alerted and took it down. How the Red Cross responded: Social media director Wendy Harman followed up with a humorous tweet from the official Twitter account and acknowledged the from birmingham essay, mistake.
It got support from Dogfish Head too, who embraced the hashtag #gettngslizzerd and encouraged its followers to donate to critical on ulysses the Red Cross. The result: The tweet generated a bit of buzz among bloggers and the Twitterverse, but so did the fun response by the company. . Fortunately for the Red Cross, although the research, nature of the tweet wasn't professional, it wasn't too controversial. Nobody was outraged, and the Red Cross had to deal with nothing more than a little embarrassment. Taco Bell's seasoned beef meat filling lawsuit (2011) The crisis: Yum! Brands, Taco Bell's parent company, was sued over essays on ulysses the contents of its meat.
The lawsuit alleged that the outline for economics research, company's seasoned beef contained only critical on ulysses 35% beef, and that Taco Bell was lying in for economics, its advertising. How Taco Bell responded: Taco Bell explicitly declared the claims false, and shared with the public its percentages (88% beef, 12% secret recipe), along with the ingredients in the secret recipe itself. Critical. The company quickly fired up a multi-platform PR campaign to birmingham jail shoot down the allegations and get the word out essays on ulysses, about its not-so-secret recipe. It included traditional local market newspaper ads, but focused on online marketing with a YouTube channel, Facebook page, and more. The result: Taco Bell's existing consumer base responded overwhelming well to the campaign.
The social media platforms shined, with the essay, vast majority of commenters supporting the company's stance.. Less than four months later, the lawsuit was dropped, and Taco Bell had completely averted a potential PR disaster.
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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the “A” essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of critical essays a [practicing] lawyer. I briefed, outlined my notes, reviewed the birmingham jail law, but still felt totally unprepared for upcoming exams.
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The entire grade (!!) in organic paper, most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature. Essays? (You are basically asked to marble chips, identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the critical essays on ulysses code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to for economics research, reassure students. However, open book is misleading, as there is typically little time to refer to aids. Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to critical essays, how much you can write or type. Grading is persuasive about affirmative invariably anonymous to protect professors and students alike.
Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the critical eight in the appendix of the from birmingham jail LEEWS Primer. Essays? Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is from birmingham essay provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models.
Standard exam writing advice posits that you follow IRAC. Essays? I.e., identify the coursework Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in critical, nature. Organic Chemistry Paper? A typically complex and confusing fact pattern is on ulysses followed by question(s)/instruction(s) that in effect require you to research paper format for elementary kids, identify or spot the legal issues that would be of interest to critical essays, a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking.
Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on about affirmative action final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for any exam in critical, any subject, no matter the question(s)/instruction(s) posed by outline for economics research paper the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. Essays On Ulysses? I'm going to be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter.
He grinned and remarked, I saw that spill, Coris. Not the chemistry most graceful move in critical essays on ulysses, the world. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against 10 minute activities Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for critical essays, Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 €” OFU, Inc. and jail, Setter moved for a change of venue to essays on ulysses, Queens County.
2 €” Attempts to critical thinking activities for english, serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. [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 on ulysses his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and critical thinking activities, otherwise defended against the action. Essays? Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 €” OFU, Inc. 10 Minute Thinking Activities For English? served notice of the essays deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for 10 minute for english, a protective order forbidding disclosure of essays anything overheard as a privileged conversation. 5 €” OFU, Inc. Research? requested an admission from Doris that Coris has a tendency to critical on ulysses, negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case.
Prepare a memorandum of 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 jail essay disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in essays, order to determine the rights and duties of parties to an action, and to from, bind the critical essays parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Where personal service on chips coursework 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 critical essays, the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and research, mail). A court has held that three attempts at in hand service at essays, a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of kids due diligence. Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal. Requests for critical, admission €” A request for from birmingham essay, admission imposes a duty on the party served to essays on ulysses, acknowledge the existence of facts that are not in organic chemistry research, doubt and that should not be necessary to prove at essays on ulysses, trial. Format For Elementary? The party served normally has 30 days to respond.
Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to critical, 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 affirmative 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). Res Judicata €” Doctrine that for reasons of on ulysses economy, prevention of from jail essay 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 critical on ulysses the merits of a claim or cause of action precludes reassertion of coursework 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 critical on ulysses, appear and organic research paper, defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the essays on ulysses 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 chemistry chips how to on ulysses, proceed. [Always the Steps, always the Steps €” a constant way of thinking.] Step One €” [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to from jail essay, obtain damages on one side and to avoid liability on critical on ulysses the other. However, given that this is a civil procedure exam, the chips coursework objectives that count for purposes of critical essays generating premises are intermediate in nature.
In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and organic research paper, viable. 4 = Preclude disclosure of overheard conversation vs. Critical Essays On Ulysses? have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same.
As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six, from 10 minute activities for english this point on I shall work on essays on ulysses each question to critical, completion before going on critical essays on ulysses to the next .] Step Two €” [Consider each pairing, party, and essay affirmative, objective. Cull facts (and course outline) for essays, relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.)
2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . 5; . Paper Format Kids? . . 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 critical on ulysses, be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is research unnecessary as an independent exercise. Essays? It is part and parcel of inspecting the chemistry chips law giving rise to the premise under consideration to determine whether it is on ulysses 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 from birmingham a logical sequence for discussion €” No overlap of discussion apparent. No reason apparent not to proceed in essays on ulysses, the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it.
The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and affirmative action, probably confusing to mention conflict pairings here. Critical Essays? However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to organic paper, 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 transaction that is the subject of the action could have occurred anywhere. Coris' fall and the destruction of the critical racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County.
The residence in outline paper, New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in critical essays, New York County. Persuasive About Action? It is hardly compelling. Critical On Ulysses? [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 persuasive essay 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 critical essays, serve the defendant at home or leave the summons and complaint with a person of marble coursework suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to critical essays on ulysses, serve defendant Setter personally other than twice unsuccessfully at birmingham jail essay, his place of business. [Analysis.] Conclusion: The attempted nail and critical, mail service was likely [Hedging!] ineffective for lack of about due diligence. Where a defendant who has not been properly served nevertheless appears in critical essays on ulysses, an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is after trial.
However, waived upon the taking of an appeal clearly indicates that the time for organic research, raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to critical essays on ulysses, the subject matter of the from action is essays on ulysses 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 racquet was relevant for its truth, as well as an outline for economics research paper, 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 critical, sue, her statement in the context of remarks about dinner and about, a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. The conversation with the on ulysses husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the paper 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 critical essays, 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 question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in that negligence is organic chemistry research paper a legal conclusion, the statement would appear to be an abstract statement of law.
Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of essays acknowledgment. A final judgment on research format kids the merits of a claim or cause of action generally precludes reassertion of essays on ulysses that claim or cause of action in research format kids, a subsequent suit. Doris' action in small claims court is on ulysses grounded in 10 minute critical for english, the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in 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 critical, Savethe, for 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. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of seats on outline research paper the board of directors.
They further owned thirty percent of the critical on ulysses outstanding shares, by far the largest voting block. Persuasive About Affirmative? Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at critical on ulysses, the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to paper, inspect the critical essays RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the paper format brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in critical, 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 research format kids, block the ski resort venture as an critical essays, ultra vires act, and for repayment by 10 minute thinking activities the RIPCORP board of directors of any expenses incurred in critical, connection with the pursuit of said venture.
1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and failure to paper, state a cause of critical action. Birmingham? 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and critical, purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the 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 right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to format for elementary kids, recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). On Ulysses? Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and outline for economics paper, 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 minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is essays a holder of 5 percent of from birmingham jail essay any class of outstanding shares. Shareholder rights of 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 the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for essays, not making the demand (e.g., the board members are the defendants). Action? Note that in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to 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 critical corporation, or for amounts paid in settlement thereof.
The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to for economics, indemnify officers and essays on ulysses, directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the chemistry marble chips coursework question are like three questions, each to be considered separately. Critical Essays? [Note the enormous benefit here of skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the research paper single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question).
Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Critical On Ulysses? Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the chemistry marble chips 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 essays movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to outline, overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for critical on ulysses, purposes of marble chips analysis.] 1) Lack of critical essays on ulysses 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 marble coursework, such a suit. Step Three €” [The motions seem more or less equivalent in weight. Given the complexity of the essays 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 research paper for elementary kids actual response. Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of critical on ulysses a logical sequence for discussion €” No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in her own name to paper for elementary kids, enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Essays On Ulysses? Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the chemistry marble chips action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture.
Generally, shareholders have a limited right, founded in common law and statute, to 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 on ulysses outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of record since the initial offering, over research two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and essays, sometimes acts within the format for elementary purposes and powers of the corporation, but performed in on ulysses, an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the corporation may recover damages from the chemistry marble chips officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to critical essays on ulysses, 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 chemistry coursework, minimize the possibility of derivative actions without merit being brought merely for critical on ulysses, nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to essay affirmative, post security for costs , unless the critical on ulysses plaintiff or plaintiffs hold at least five percent of any class of chemistry research outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!]
Conclusion : Although M falls $10,000 short of the critical on ulysses $50,000 exception, the 10 minute critical motion should probably be denied. Given that M's sharehold nearly satisfies the critical 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. From? [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is critical adjudged to have violated his fiduciary duty of good faith and reasonable care in essay about action, 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 critical the part of the officer/director is from birmingham jail essay shown. [Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in part derivative on 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 the directors of their duty to exercise reasonable care, if not a violation of critical their duty to chemistry coursework, act in good faith. However, given that RIPCORP appears to critical on ulysses, 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 10 minute thinking for english judgments obtained on behalf of the corporation, denied as to critical, portions that indemnify against judgments obtained by M, and denied with leave to paper, 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 following terms:
First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the on ulysses rest, residue, and remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing.
4) Y died in 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is for economics research paper not in existence or not in on ulysses, the possession of the research testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary €” A disposition to critical, a beneficiary who predeceases the testator ordinarily lapses (returns to chemistry coursework, 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 on ulysses legacy in equal proportions per stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and testament. Execution of from birmingham a will €” A properly executed will implies at least two witnesses thereto who do not stand to essays on ulysses, take under said will. Republication €” A properly executed codicil to organic chemistry, a revoked will operates as a republication of a will that is, in form, properly executed. This is critical essays on ulysses so despite the fact that the will so republished may have been invalid for outline for economics paper, want of testamentary capacity at the time of making. Revocation €” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the critical essays on ulysses testator's property, shall be deemed to have revoked the prior will by implication. A will may further be revoked by essay about affirmative means of essays on ulysses its physical destruction. Such destruction, however, must be accompanied with the intent and for format, the purpose of revoking the will. Specific legacy €” A bequest of essays a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in outline for economics research paper, executing a will or other document, accurately recites the critical on ulysses nature and extent of his property, and format for elementary, recognizes the natural objects of his bounty.
Witness as beneficiary €” A witness to a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview €” The instruction points to parties who stand to take from T's estate. Each will be in opposition to anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and critical essays on ulysses, A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and persuasive about affirmative action, taking from critical essays T's estate. B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the jail will or codicil upon which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into critical on ulysses, play.
However, it would be inefficient and confusing to try to sort them out at this point. Better to focus on one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to research paper, set forth the premises of the various parties in essays, Step Two, I may as well go straight to the response. My impression is that once the 10 minute activities for english controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of critical a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the paper for elementary obvious first step.
Therefore, beginning with B v. Z would seem to make sense. B and essays, Z's rights [This label conforms to the instruction. Chemistry Paper? B v. Critical? Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the paper for elementary kids 1994 will and made a complete disposition of critical T's property, thereby revoking the 1994 will and marble chips, 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 essays fact that the will so republished may have been invalid for birmingham, want of testamentary capacity at critical essays, 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 the contrary, the fact that T in executing the chemistry coursework codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. The circumstance that the original copy of the essays on ulysses 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 jail rest, residue, and remainder of T's estate under the essays 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. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to research paper format kids, X.
Conclusion : X takes nothing from critical on ulysses 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 . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by chemistry paper 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. A properly executed will implies at on ulysses, 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 will. Therefore, presumably two other witnesses exist to 10 minute activities for english, prove the will in probate.
NB: Arguably S should be permitted to essays on ulysses, take under the 1994 will per stirpes, even were he one of only two witnesses to paper format, the will. The rationale for not allowing a witness necessary to essays on ulysses, probate to paper for elementary kids, take under the will being probated is presumably the conflict of critical interest posed. The reliability of a witness with a vested interest in 10 minute critical, having the will probated is compromised. Y, however, not S stood to on ulysses, take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. Kids? However, it could also be contended that that was then, and critical on ulysses, now S does have a compromising vested interest. [This latter paragraph is not necessary. Essay? However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to critical essays on ulysses, put it on the blank page left at the beginning. (See p.75.)]
Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to outline for economics research paper, the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors. Richard ordered the audio CD version of LEEWS.
His is the on ulysses 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. Research Format For Elementary? . Critical Essays? The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in paper, structured, step-by-step fashion, the examinee knows exactly what is essays wanted and how to proceed and present. Chemistry Chips? For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is critical essays on ulysses new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the end.
LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00]
Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. Organic Research Paper? You are responsible for following them to the letter and critical essays on ulysses, 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 thinking activities 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis. Critical On Ulysses? Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is closed book.
You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in the upper left hand corner.
1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. Essay About? If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Critical? Write on only one side of from essay a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and critical on ulysses, mark the appropriate corresponding circles on 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 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 correct version of the answers. Do not write your name on anything.
For this examination, unless we have specifically studied to the contrary, you should assume the for economics following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the person€™s. (a) transacting any business within this State; (b) causing tortious injury by essays on ulysses an act or omission in jail essay, 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 on ulysses, the time of contracting.
X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 45 points. They are not of equal weight. A. 10 Minute Critical For English? You are now an associate attorney in a law firm. Respond fully to the following memorandum from one of your employers. Critical Essays On Ulysses? €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec.
11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. 10 Minute Activities For English? Their shop is in the State of essays Swabia where most of their customers are from. Sometimes people from the nearby States of thinking activities Prussia and Bavaria bring repair jobs to critical essays, the shop in kids, Swabia. Essays? Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into marble chips coursework, an apartment in Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of critical essays First Commercial Industrial Bank of Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to from jail, procure their business. After receiving a letter at their shop offering the bank€™s services, Tristan and Isolde decided to borrow $150,000 from critical essays First Commercial.
By telephone, they requested the bank send them the paperwork at their shop. Outline Paper? On August 15, 2003, Tristan and Isolde signed the critical loan papers at their shop and Tristan immediately took them to First Commercial€™s 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 marble coursework, 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 bank€™s 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 interest. First Commercial€™s attorney served Isolde with process by critical registered mail, return receipt requested, to her at marble coursework, the shop in Swabia.
On May 15, 2005, after Isolde failed to critical essays, respond to jail, 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. Essays? First Commercial also procured a writ of garnishment from the federal court in paper, Bavaria, attaching a $5,000 debt owed to Isolde by on ulysses one of her customers there. [Question/instruction] We represent Isolde.
Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria. Be sure to discuss fully any possible defenses that you may have considered and rejected and critical, explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Critical Essays? Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days. Birmingham Jail Essay? An ambulance rushed her to the nearest hospital, which was located in critical essays, Prussia.
Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in from jail, both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the essays on ulysses service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade. For Economics Research? Commentary by essays on ulysses Professors Banks and Entman appears in for economics, brackets. . [LEEWS note: We reprint this commentary in blue.]
LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an critical on ulysses, issue) prescribes a statement of I ssue to precede the statement of R ule, and jail, the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to essays on ulysses, assist the professor in persuasive affirmative action, 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 on ulysses, Article III of the US Constitution and as authorized by Congressional Statute. First Commercial will argue that the organic US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. First Commercial is a citizen of Prussia. Isolde has been living in critical, Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Research Paper? Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see €śif she would enjoy€ť life on her own. If Isolde is critical essays on ulysses 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 birmingham, have relocated to critical essays, Swabia with the intent of chemistry marble staying for the indefinite future, then the essays 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. Essay Affirmative? [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is a state common-law claim. On Ulysses? Therefore nothing in the plaintiff€™s complaint arises under the Constitution and marble coursework, laws of the on ulysses United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on marble coursework collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction.
In the alternative, Isolde can argue that the rendering court in on ulysses, Prussia lacked jurisdiction over thinking for english the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Most of you could have improved your answers by making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. Critical Essays? N.B.
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 chemistry marble coursework an out of critical on ulysses 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 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 for economics research paper domicile. Even though the contract included a choice-of-law provision applying the critical on ulysses laws of Prussia to jail essay, possible disputes, that is not the essays on ulysses same as a consent provision. [A surprising number of persuasive essay affirmative action students referred to 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 same answer. Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of on ulysses this type may be attributable to sloppy reading of the 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 person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to from birmingham jail essay, do with the fact, thus reflecting a failure to study the Burger King opinion and to critical essays on ulysses, pay attention to organic chemistry research, our class discussions of it.] Statutory basis. First Commercial will argue that the critical long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the enumerated acts: €śa) transacting any business within the State.€ť The claim for relief, the $100,000 breach of contract, arises from the defendant€™s act of paper kids entering into the loan contract, which First Commercial will argue was executed on critical essays Tristan€™s delivery of the loan documents to the Bank€™s main office in chemistry marble chips, Prussia.
Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. Essays On Ulysses? This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in state result, the execution of the chemistry chips contract. [It is probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an on ulysses, agent) in delivering the papers to for elementary kids, the bank. The facts specifically state that Isolde, along with Tristan, signed the essays papers and that he immediately took them to the bank. You should never, as many of you did, overlook the chemistry marble coursework statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in the facts for speculating that Isolde didn€™t know what she was signing.
Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. The U.S. Critical Essays On Ulysses? 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 outline research paper cause of action arises from the defendant€™s minimum contacts with the forum, such that the assertion of critical on ulysses jurisdiction would not offend traditional notions of fair play and substantial justice.
Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over 10 minute activities for english Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is critical on ulysses implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the 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 10 minute thinking for english, 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 these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and essays, she could reasonably anticipate being haled into court in critical, Prussia over any disputes to the contract. Essays? (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining €śfair play and substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision? In weighing the relative burden on Isolde compared to affirmative, the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the essays dispute would be well served because of the choice of paper law provision; Prussia has an interest in adjudicating its own laws.
The interest of the on ulysses several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the issues about birmingham validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and critical, 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 outline for economics research paper Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]
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8 Business Analyst Resume Secrets You Need to critical on ulysses, Know (Especially If Don#8217;t Have the BA Job Title) Are you looking to get your business analyst resume into research format for elementary the #8220;yes#8221; pile when you apply to a business analyst job? Are you wondering how you can showcase your business analysis experience and qualifications when you#8217;ve never held the job title of business analyst? Would you like to know some honest ways to essays on ulysses, construct an effective business analyst resume that do not involve gimmicks and trickery? In this article, we#8217;ll cover the about action 8 secrets you need to know so that you hear back from more business analyst job applications. They#8217;ll help you showcase your business analyst qualifications, even if you#8217;ve never held the critical on ulysses job title of #8220;business analyst.#8221; Before I forget, I want to be sure you know about my step-by-step BA career planning course (it’s free) that’s designed to help you, the mid-career professional, kick-start your business analysis career. Now, onto the 8 secrets.
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James Joyce s Ulysses: Critical Essays - Google Books
D. H. Critical? Lawrence Lawrence, D. H. (Twentieth-Century Literary Criticism) - Essay. Lawrence, D. H. 1885-1930. (Full name David Herbert Lawrence. Also wrote under the pseudonym Lawrence H. Davison) English novelist, poet, short story writer, essayist, critic, and translator. The following entry presents criticism of research paper for elementary kids, Lawrence's poetry. Critical Essays? See also D. H. Lawrence Short Story Criticism and D. H. Lawrence Poetry Criticism . Highly acclaimed as a forerunner in adapting psychological themes for literary purposes in such novels as Sons and Lovers, The Rainbow, Women in Love, and Lady Chatterley's Lover, Lawrence's status as a poet is among the most heatedly disputed topics of twentieth-century literature. Much of the debate stems from the jail essay perception that Lawrence published a large quantity of critical essays, poetry that is often considered very uneven in quality. Although many of jail, his detractors concede that Lawrence wrote several classic poems, they claim that these works are the essays exceptions rather than the rule when compared to the bulk of chemistry marble coursework, poems Lawrence published. Many of his defenders, however, claim that Lawrence's body of poetry constitutes one unified work in which no one piece can be isolated from the whole, and that Lawrence's occasional lapses of critical on ulysses, poetic technique are minor when weighed against his thematic concerns and the instantaneous nature of research paper, his poems. His poetic work is often described as visionary, prophetic, and Romantic in intent.
Furthermore, Lawrence insisted that his work be read as an on ulysses autobiography as well as a manifesto for the Utopia he envisioned, a new heaven and earth that rejected Victorian prudishness and rampant industrialization in favor of a more primitive blood-wisdom and 10 minute activities for english, sexual freedom. Despite disagreements over his rank among twentieth-century poets, Lawrence's influence is noted in the works of such writers as Galway Kinnell, Denise Levertov, Karl Shapiro, Ted Hughes, Adrienne Rich, and Robert Bly. The fourth child of an illiterate coal miner and his wife, a former school teacher, Lawrence was raised in the colliery town of Eastwood, Nottinghamshire. Temperamentally alienated from essays, his environment, he grew to hate the debilitating mine work that he blamed for his father's debased condition. Lawrence won a scholarship to the local grammar school and birmingham essay, later to Nottingham University College. He taught school at Coyden for three years, during which time Ford Madox Ford published some of Lawrence's poems in the English Review. The onset of tuberculosis forced Lawrence to resign from teaching in 1911, and that same year he published his first novel, The White Peacock, which received positive critical reviews. When he was twenty-seven, Lawrence eloped with Frieda von Richtofen Weekly, the wife of one of on ulysses, his college professors.
The couple's erotic and emotional life during their first years together is chronicled in jail essay Look! We Have Come Through! After their marriage, the Lawrences lived briefly in on ulysses Germany, Austria, Italy, Sicily, England, France, Australia, Mexico, and in the southwestern United States, where Lawrence hoped to establish a Utopian community. Chemistry Paper? These locales provided the settings of many of his novels written during the 1920s, and also inspired his books of travel sketches. In 1930, Lawrence entered a sanitorium in Vence, France, in an attempt to cure the tuberculosis that afflicted him throughout his adult life. He died soon after. Like his fiction, most of Lawrence's poetry is intensely personal. His earliest poetry, which he began writing in critical essays his twenties, adhered to traditional poetic forms and is seldom as highly regarded as his later free-verse works. His first four volumes— Love Poems and Others, Amores, New Poems, and 10 minute critical thinking for english, Bay —display Lawrence's adherence to traditional rhyme schemes. Poems from these volumes were placed by Lawrence in the Rhyming Poems section of The Collected Poems of D. H. Lawrence. These poems are often compared to the poetry of Thomas Hardy, who was an acknowledged influence on Lawrence, in their reliance on regional dialects and subject matter.
Look! We Have Come Through! marks a departure in Lawrence's poetics from closed forms to free verse forms that display Lawrence's affinity for the work of American poet Walt Whitman. Birds, Beasts, and Flowers features celebratory and mystical poems about flora and fauna, including his most famous poem, Snake, and the frequently anthologized and on ulysses, discussed Medlars and Sorb Apples. He followed this work with Pansies and 10 minute activities for english, Nettles, two works noted for their acerbity and use of doggerel. Critics note that the poems in the posthumously published Last Poems are preoccupied with death, including the critical essays frequently anthologized Bavarian Gentians and The Ship of Death. Access our D. H. Lawrence Study Guide for Free. The White Peacock (novel) 1911. The Trespasser (novel) 1912.
Love Poems and Others (poetry) 1913. The Prussian Officer (short stories) 1914. The Rainbow (novel) 1915. Amores (poetry) 1916. Twilight in Italy (essays) 1916. Look!
We Have Come Through! (poetry) 1917. New Poems (poetry) 1918. The Lost Girl (novel) 1920. Women in Love (novel) 1920. Psychoanalysis and 10 minute thinking, the Unconscious (essay) 1921. Sea and critical on ulysses, Sardinia (essays) 1921.
Tortoises (poetry) 1921. Aaron's Rod (novel) 1922. England, My England (short stories) 1922. Fantasia of the Unconscious (essay) 1922. Movements in European History [as Lawrence H. Davison] (essays) 1922. Birds, Beasts and chemistry research paper, Flowers (poetry) 1923. Kangaroo (novel) 1923. Studies in Classic American Literature (essays) 1923. Reflections on the Death of a Porcupine (essays) 1925.
The Plumed Serpent (novel) 1926. Mornings in Mexico (essays) 1927. The Collected Poems of D. H. Lawrence, 2 vols, (poetry) 1928. Lady Chatterley's Lover (novel) 1928. The Woman Who Rode Away (short stories) 1928. Pansies (poetry) 1929.
The Escaped Cock (novella) 1930; also published as The Man Who Died, 1931. Love among the Haystacks (short stories) 1930. Nettles (poetry) 1930. The Virgin and the Gipsy (novel) 1930. Etruscan Places (essay) 1932.
Last Poems (poetry) 1932. The Lovely Lady (short stories) 1933. The Ship of Death (poetry) 1933. A Modern Lover (short stories) 1934. The Spirit of the on ulysses Place (essays) 1935. Phoenix (essays and criticism) 1936. The First Lady Chatterley (novel) 1944. The Complete Short Stories of D. H. Lawrence, 3 vols.(short stories) 1955. The Collected Letters of D. H. Lawrence, 2 vols, (letters) 1962.
The Complete Poems of D. H. Lawrence, 2 vols. (poetry) 1964. The Complete Plays of D. H. Lawrence (drama) 1966. Phoenix II (essays and chips coursework, criticism) 1968. John Thomas and Lady Jane (novel) 1972. John Gould Fletcher (essay date 1918) SOURCE: A review of essays, Look! We Have Come Through, in Poetry, Vol. Format? XII, No.
V, August, 1918, pp. Critical? 269-74. [ In the following review of Look! We Have Come Through! Fletcher praises Lawrence's poetry as uncompromising and original, and finds similarities with the essay poetry of Walt Whitman. ] D. H. Lawrence has recently published[ Look! We Have Come Through! ] a third volume of poetry to stand beside his Love Poems and on ulysses, Amores. Research For Elementary Kids? This event has, so far as I am aware, passed almost without notice in the English press. The reviewers of the English press know perfectly well that Mr.
Lawrence is supposed to be a dangerous man, writing too frankly on certain subjects which are politely considered taboo in good society, and therefore they do their best to essays prevent Mr. Chemistry? Lawrence from writing at all, by tacitly ignoring him. If they are driven to the admission, these selfsame reviewers are obliged grudgingly to acknowledge that Mr. Lawrence is one of the most interesting of modern writers. Suchare the critical essays conditions which a modern writer with something new to paper format for elementary say is obliged to accept in England to-day. The press can make a great to-do about the essays innocuous, blameless and essentially minor poetry of Edward Thomas (to take but one example); they politely refuse to paper discuss the on ulysses questionable, but essentially major effort of a D. H. Lawrence.
Is it any wonder that such an attitude drives a man to sheer fanaticism? For a fine, intolerant fanatic D. H. Lawrence undoubtedly is. That is his value for our present day, so rich in halfmeasures and compromises. Lawrence does not compromise. In this last collection of persuasive essay action, poetry he gives us works which are not good poetry, which are scarcely readable prose. He includes them because they are necessary to the complete understanding of his thought and gospel. We, if we are wise, will read them for the same reason.
For Lawrence is an original thinker, and essays on ulysses, his message to our present day is a valuable message. Briefly, the message is this: that everything which we call spiritual is born and comes to flower out of chemistry marble, certain physical needs and reactions, of which the critical most patent is the reaction of sex, through which life is maintained on this planet. Lawrence therefore stands in sharp contrast to the Christian dogma of the middle ages, and to those writers of the present day who still maintain an attitude of respect to the Christian view, which is persuasive essay about affirmative action that we are each endowed with an immortal soul, at strife with our physical needs, which can only be purged by death. Lawrence, like a recent French writer, does not desire to spit out the forbidden fruit, and recreate the Eden of the refusal of life. Critical On Ulysses? He is frankly pagan. To him, the flesh is the outline for economics paper soil in which the spirit blossoms, and the only immortality possible is the setting free of the blossoming spirit from the satiated flesh. When this is accomplished, then the spirit becomes free, perfect, unique, a habitant of paradise on earth. This is the critical on ulysses doctrine of which he is the zealot, the activities for english intolerant apostle. The specific value of this idea need not concern us very greatly. Critical Essays? The question is, rather, of its poetical value; and there is no doubt that it is a system of jail essay, philosophy which is essentially poetical.
(The entire section is 1345 words.) Get Free Access to this D. Critical On Ulysses? H. Lawrence Study Guide. Start your 48-hour free trial to unlock this resource and thousands more. Get Better Grades. Our 30,000+ summaries will help you comprehend your required reading to essay affirmative action ace every test, quiz, and essay. We've broken down the chapters, themes, and characters so you can understand them on your first read-through. Access Everything From Anywhere. We have everything you need in one place, even if you're on the go. Download our handy iOS app for free. SOURCE: The Melodic Line: D. Critical On Ulysses? H. Lawrence, in from Scepticisms: Notes on Contemporary Poetry, Alfred A. Knopf, 1919, pp.
91-104. [ In the critical essays on ulysses following essay on Lawrence's Look! We Have Come Through! Aiken argues that the poem reads more like a novel, and that Lawrence's grasp of poetic techniques are limited. ] It has been said that all the arts are constantly attempting, within their respective spheres, to attain to something of the quality of critical activities, music, to critical essays on ulysses assume, whether in pigment, or pencil, or marble, or prose, something of its speed and flash, emotional completeness, and well-harmonied resonance; but of 10 minute critical thinking activities for english, no other single art is that so characteristically or persistently. (The entire section is 2749 words.)
Get Free Access to this D. H. Lawrence Study Guide. Start your 48-hour free trial to unlock this resource and thousands more. SOURCE: Mr. D. H. Lawrence, in Tradition and Change: Studies in Contemporary Literature, Books for Libraries Press, 1919, pp. 131-7. [ In the following essay, Waugh assesses Lawrence's poetry as lacking in unifying ideas and the poetic skills necessary to espouse them. ] The modern conception of poetry is so astonishingly different from the conception, for example, of the last generation before our own, that it is worth while to take stock of the situation now and again, and to critical essays on ulysses try to get some clear notion of the direction in which we are drifting. Changes there must be, of course; and the critic who withstands change for its own sake is self-condemned already. But in. (The entire section is 1684 words.) Richard Aldington (essay date 1926)
SOURCE: D. H. Lawrence as Poet, in The Saturday Review of Literature, New York, Vol. 11, No. Paper For Elementary? 40, May 1, 1926, pp. 749-50. [ In the following overview of Lawrence 's poetry, including Birds, Beasts, and Flowers, Aldington attempts to cast aside the poet's ideology and sexual subject matter in order to isolate the poetry he writes, which Aldington believes to be representative of its author's genius. ] If a difficult problem were being set for what Mr. Critical On Ulysses? Bennett calls the young aspirant in criticism, there could scarcely be found a better topic than Mr. D. Thinking Activities? H. Lawrence.
He is not the sort of man who becomes master of Balliol or an Oracle to thoughtful, cautious. (The entire section is 1349 words.) SOURCE: D. Critical? H. Persuasive Essay Action? Lawrence and Expressive Form, in critical essays on ulysses Language as Gesture: Essays in Poetry, Harcourt, Brace and Company, 1935, pp. Critical Thinking Activities? 286-300. [In the following essay, Blackmur argues that Lawrence's poetry is too often marred by the author's unchecked inclusion of critical essays on ulysses, biographical detail and personal feelings.] As a poet, and only to from a less degree as a novelist, Lawrence belongs to that great race of English writers whose work totters precisely where it towers, collapses exactly in its strength: work written out of a tortured Protestant sensibility and upon essays on ulysses, the foundation of an incomplete, uncomposed mind: a mind without defenses against the material with which it builds and. (The entire section is critical thinking activities 5466 words.) SOURCE: An introduction to D. H. Critical Essays? Lawrence: Selected Poems, New Directions, 1947, pp. 1-23. [In the following introduction to Lawrence's Selected Poems, Rexroth believes that, rather than being a major poet like Thomas Hardy, Lawrence was a minor prophet like William Blake and activities for english, William Butler Yeats.] At the very beginning Lawrence belonged to a different order of being from the literary writers of on ulysses, his day.
In 1912 he said: I worship Christ, I worship Jehovah, I worship Pan, I worship Aphrodite. But I do not worship hands nailed and for economics research, running with blood upon a cross, nor licentiousness, nor lust. I want them all, all the gods. Critical On Ulysses? They are all God. But I must serve in. (The entire section is essay about action 7207 words.) Charles I. Glicksberg (essay date 1948)
SOURCE: The Poetry of D. H. Essays? Lawrence, in The New Mexico Quarterly Review, Vol. 14, March 13, 1948, pp. 289-303. [ In the following essay, Glicksberg examines Lawrence's poetry to support his thesis that Lawrence was engaged in creating his own religion that eschewed science and materialism. ] There is no contradiction in the fact that Lawrence's ideas on human nature and society are muddled while his poetry is flame-like, instinct with beauty organically felt and sensuously communicated. When he trusted his feelings he was on firm ground; when his powerful sensibility ruled him he could not go wrong.
Each impression leaped forth like a radiant beam of sunlight; form. (The entire section is 6064 words.) SOURCE: D. H. Lawrence, in The Dyer's Hand and Other Essays, Random House, 1948, pp. 277-95. [ In the following essay, Auden echoes Richard Aldington's assessment that readers should not read Lawrence to research for elementary reinforce ideologies — which are better expressed elsewhere by other writers — and that his genius lay in his ability to articulate humankind's aggressive and hateful natures. ] The artist, the man who makes, is critical essays on ulysses less important to mankind, for good or evil, than the apostle, the man with a message.
Without a religion, a philosophy, a code of behavior. (The entire section is 6262 words.) George G. Williams (essay date 1951) SOURCE: D. H. Persuasive Essay? Lawrence's Philosophy as Expressed in His Poetry, in The Rice Institute Pamphlet, Vol. XXXVIII, No. Critical? 2, July, 1951, pp. 73-94. [ In the following essay, Williams proposes that the body of activities for english, Lawrence 's poetical works must be read in order to give a full understanding of the author's philosophical and sociological intent. ] I. Essays On Ulysses? A NEGLECTED POETRY.
Books by D. H. Lawrence would fill a good-sized shelf, and books about him would fill an even larger shelf. Ten years after his death an editorial writer in persuasive about affirmative action the Saturday Review of on ulysses, Literature said that he has been the subject of more books than any other writer since. (The entire section is 5781 words.) SOURCE: Lawrence's Collected Poems: The Demon Takes Over, in PMLA, Vol. 66, 1951, pp. 583-93. [ In the following essay, Bartlett examines the nature and breadth of Lawrence's revisions of research paper format, his earlier poems for the 1928 Collected Poems.] It is well known that D. H. Lawrence was an unsparing rewriter of his fiction, and the tradition persists that he could never revise, he could only rewrite.
Yet, although he rewrote a number of poems, as he did his short stories and novels, he revised many more—nearly all of them, in fact, either before or after publication. His most concentrated period of activity as a poetic reviser was the winter of 1927-28, when he collected. (The entire section is 4821 words.) SOURCE: Peace and Passivity: The Poetry of critical essays, D. H. Lawrence, in The South Atlantic Quarterly, Vol. 55, 1956, pp. 337-48. [ In the for economics research paper following essay, Fisher examines what he believes is the on ulysses paradoxical nature of Lawrence's poetry. ] To read the poems of research for elementary, D. H. Lawrence after knowing his novels and critical on ulysses, other prose is to confront the paradox of the romantic. The rebellious individualism which distinguishes Lawrence's fiction is inverted in 10 minute activities the poetry into on ulysses, a continuing desire to be merged, to research paper format kids be soothed into some harmonious and critical on ulysses, self-obliterating whole.
In contrast with the turbulent fiction, Lawrence's poetry is generally temperate, expressing a craving for an oblivion, for an. (The entire section is research paper format kids 3691 words.) SOURCE: Comment: Reflections on Lawrence, in Poetry, Vol. 106, 1965, pp. 218-25. [ In the following review of The Complete Poems of D.H. Lawrence, Rich assesses Lawrence as a major poet, finding evidence that Lawrence deliberately reduced many poems to doggerel for effect, and arguing that Lawrence is the critical on ulysses English language's best love poet since William Shakespeare. ] Thought, he says in More Pansies, is a man in his wholeness wholly attending. Have his readers wholly attended to him? But, my dear God, when I see all the understanding and suffering and the pure intelligence necessary for organic the simple perceiving of poetry, then I know it is an almost. (The entire section is 2806 words.)
SOURCE: D. Critical Essays On Ulysses? H. Lawrence's Last Poems, in The D. H. Lawrence Review, Vol. 5, No. 2, Summer, 1972, pp. 97-120. [ In the following essay, Kirkham examines Lawrence's Last Poems as a poetic sequence with consistent themes and execution. ] This essay falls into outline for economics research paper, three parts. In the first part I suggest that Last Poems is best read as a single work, forming a loosely connected sequence of thought. I see Lawrence performing an act of spiritual preparation, the directing purpose of which is to critical essays construct a state of mind that will steady him in the face of death. Action? In the second part I discuss the central themes of the sequence. Critical Essays On Ulysses? I try to show that, though much of the. (The entire section is 8693 words.) SOURCE: 'Secret Sin': Lawrence's Early Verse, in essay action The D. H. Lawrence Review, Vol.
8, No. 2, Summer, 1975, pp. 155-75. [ In the following essay, Shakir examines Lawrence's early poems for critical on ulysses evidence of his sexual preoccupations. ] Throughout his career as a writer, Lawrence's attitude toward literature was remarkably ambivalent. Persuasive? Artspeech is the only truth, he declared (SCAL 2). 1 Yet his mistrust of art was profound. He knew how easily it could degenerate into pretty artifice or aesthetic exercise and so seduce the artist into a lie. But when literature spoke truth, it was perhaps most dangerous and the artist finally most guilty.
An examination of. (The entire section is 7110 words.) SOURCE: D. H. Lawrence and the Resources of critical essays on ulysses, Poetry, in about Language and Style, Vol. XII, No. 1, Winter, 1979, pp. Critical On Ulysses? 3-12. [ In the following essay, Presley examines Lawrence's deployment of free verse and its relationship to the themes of his poetry. ] The poetry of D. H. Lawrence presents an organic chemistry paper interesting problem for stylistic investigation. Nearly all critics agree that Lawrence evolved a new form; that, from a mediocre Georgian lyricist, he became a sometimes excellent free-verse lyricist.
Though his mature work has been widely influential, especially in America, his poetry is often treated as an critical adjunct to the novels, and has received little detailed examination. (The entire section is 4241 words.) SOURCE: The Psychological Dynamics of D. H. Lawrences's 'Snake', in American Imago, Vol. 36, No. 4, Winter, 1979, pp. 345-56. [ In the marble coursework following essay, Trail employs Freudian psychology to essays explicate Lawrence's poem The Snake. ] Snake is outline paper D. H. Lawrence's best known poem.
It is not only the most anthologized (and hence the most taught) but also the most analyzed. On Ulysses? A glance at the poem itself provides some immediate, if only surface, explanations: The poem has a narrative line. A man, on a hot noon in Italy, comes to fill his water pitcher from a trough and outline for economics research paper, finds a snake there. For an interval, in essays on ulysses spite of the voice of his education which tells him.
(The entire section is 4407 words.) SOURCE: Hymn to Priapus: Lawrence's Poetry of Difference, in Criticism, Vol. Chemistry? XXII, No. 3, Summer, 1980, pp. 214-29.
[ In the critical following essay, Murfin finds similarities and differences between Lawrence's Hymn to Priapus and works by Charles Algernon Swinburne and Thomas Hardy. Jail? ] The speaker of the Hymn to Priapus, like the critical speakers in all the other lyrics in D. H. Lawrence's volume of poems entitled Look! We Have Come Through!, may be taken to be Lawrence himself. He tells us he danced at for economics research paper a Christmas party/Under the mistletoe Along with a ripe, slack country lass. Jostling to critical on ulysses and fro.
(The entire section is 5981 words.) SOURCE: D. H. Lawrence's Uncommon Prayers, in D. H. Lawrence: The Man Who Lived, edited by Robert B. Partlow, Jr., and Harry T. Essay Action? Moore, Southern Illinois University Press, 1980, pp. 73-93. [ In the following essay, Gilbert agrees with T. S. Eliot's assessment of Lawrence as a hater of orthodoxy, but disagrees with Eliot when he negatively evaluates Lawrence's moral canon. ] . . . we've got the world inside out. The true living world of fire is dark, throbbing, darker than blood. Our luminous world that we go by critical on ulysses, is only the reverse of this.
—Count Johann Dionys Psanek, in The Ladybird (The entire section is 10 minute critical activities for english 11197 words.) SOURCE: 'Not I, but the on ulysses Wind That Blows Through Me': Shelleyan Aspects of Lawrence's Poetry, in Texas Studies in Literature and Language, Vol. 23, No. 1, Spring, 1981, pp. 102-22.
[ In the following essay, Rubin discusses resemblances between the poetry of Lawrence and Percy Bysshe Shelley. ] Despite Lawrence's strenuous denials of influence, specific influences upon his poetry are clearly discernible. In addition to Whitman, Wordsworth, and Blake, 1 other influences were the King James Bible, the Nonconformist hymns of chemistry marble coursework, Lawrence's chapel youth, and the poetry of the Pre-Raphaelites, Swinburne, and Hardy. The early love poems are faintly Pre-Raphaelite in. (The entire section is 8988 words.) SOURCE: D. H. Lawrence, Major Poet, in Texas Studies in Literature and Language, Vol.
26, No. 3, Fall, 1984, pp. Essays? 303-30. [In the following essay, Poole attempts to defend Lawrence as a major poet fully in control of poetic technique.] Over the persuasive essay about action years, a number of studies of Lawrence's poetry have appeared, though by no means as many as his merits suggest, and it is astonishing that the critical essays on ulysses Open University's third-level course on twentieth-century poetry 1 not only omits Lawrence from the poets studied, but manages to accord him little more than a passing mention. Nevertheless, some good studies have appeared, but the for economics research emphasis has hardly been on. (The entire section is 11594 words.) SOURCE: D. Essays On Ulysses? H. Lawrence—The Poetry, in Contemporary Review, Vol. 247, No. Outline? 1438, November, 1985, pp.
257-60. [ In the following essay, Vanson argues that Lawrence was a master craftsman, and places him alongside such poets as Gerard Manley Hopkins, Percy Bysshe Shelley, and Robert Browning, while finding him not equal to Virgil, Dante, and Shakespeare. ] At the time of the Lady Chatterley obscenity trial in an article for a provincial newspaper I suggested that in time to come (i.e. now!) the real fame of on ulysses, D. H. Lawrence would derive not from his novels but from his poetry. Time has proved me wrong, for there are today probably a hundred readers of The. (The entire section is 1641 words.) Aiken, Conrad. Organic? Collected Criticism (Formerly 'A Reviewer's ABC).
London: Oxford University Press, 1935, 414 p. Essays written by Aiken on Lawrence between 1924 and 1929 that evidence Aiken's admiration for Lawrence as a prose writer as well as his reservations concerning the prosaic nature of Lawrence's verse. Baker, James R. Lawrence as Prophetic Poet. Essays? Journal of Modern Literature 3, No. 5 (July 1974): 1219-38. Discusses Lawrence's poetry and the works of W. B. Yeats, Robinson Jeffers, and T. S. Eliot, finding prophetic qualities in the work of all four poets. Brashear, Lucy M. Lawrence's. (The entire section is 781 words.)
D. H. Lawrence Homework Help Questions. “Money-Madness,” written by D. H. Lawrence in critical for english the 1920s, has a message that is appropriate for the world today. In the critical Asian, African and Latin American countries, well over 500 million. It is ironic that, in Last Lesson of the Afternoon by D H Lawrence, it is the teacher who is waiting for critical thinking activities for english the school bell to ring to critical on ulysses end this weariness and not the marble chips students. The children he is. Line by line is a little difficult, but I will explain each stanza. Critical Essays On Ulysses? This poem takes place in from birmingham essay Sicily, an island in the Mediterranean Sea, near Italy. Stanza 1: A snake comes to the watering.
This is one of those questions which can and should receive a variety of responses for two reasons. First, there is no definitive list of Lawrence's poetry (or most poets, for that matter) in. Perspective is introduced into this poem by the persona that Lawrence creates who speaks the words that any teacher can perhaps identify with at times. The persona of this poem is a teacher.