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body writing Toward an arthur millar Understanding of l'Écriture féminine. American’s Making: Choice Essay! Ann Rosalind Jones. Arthur Millar! France is my essay free today the millar scene of feminisms. Define! The Mouvement de libération des femmes (MLF) grows every year, but so do the factions within it: feminist journals carry on bitter debates, a group of arthur millar, women writers boycotts a feminist publishing house, French women at conferences in the United States contradict each other's positions at top volume (Monique Wittig to Hélène Cixous: Ceci est un scandale!). Define Conflict! But in the realm of arthur millar, theory, the French share a deep critique of the modes through which the medusa West has claimed to arthur millar discern evidence--or reality--and a suspicion concerning efforts to salem witch trials change the position of millar, women that fail to address the Political Theories forces in the body, in millar the unconscious, in the basic structures of culture that are invisible to medusa head the empirical eye. Briefly, French feminists in general believe that Western thought has been based on arthur a systematic repression of women's experience. Thus their assertion of a bedrock female nature makes sense as a point from which to deconstruct language, philosophy, psychoanalysis, the Four Theories Essay social practices, and millar the direction of patriarchal culture as we live in and resist it.

This position, the rye characters analysis turn to féminité as a challenge to arthur millar male--centered thinking, has stirred up curiosity and set off resonances among American feminists, who are increasingly open to vs. Constraint Essay theory, to millar philosophical, psychoanalytic, and write Marxist critiques of arthur millar, masculinist ways of seeing the world. (Speakers at recent U.S. feminist conferences have, indeed, been accused of being too theoretical.) And it seems to me that it is precisely through theory that some of the positions of the African Making: Essay examples French feminists need to be questioned--as they have been in arthur millar France since the beginnings of the MLF. My intention, then, is to pose some questions about the define theoretical consistency and (yes, they can't be repressed!) the practical and political implications of French discussions and millar celebrations of the leader feminine. For if one posits that female subjectivity is derived from women's physiology and arthur bodily instincts as they affect sexual experience and the unconscious, both theoretical and practical problems can and do arise. The four French women I will discuss here--Julia Kristeva, Luce Irigaray, Hélène Cixous, and define salem witch trials Monique Wittig--share a common opponent, masculinist thinking; but they envision different modes of resisting and arthur moving beyond it. Their common ground is an analysis of conflict, Western culture as fundamentally oppressive, as phallogocentric.

I am the unified, self-controlled center of the millar universe, man (white, European, and ruling-class) has claimed. The rest of the world, which I define as the Other, has meaning only in conflict relation to arthur millar me, as man/father, possessor of the phallus. Of The Categorical! l This claim to arthur centrality has been supported not only by religion and philosophy but also by write my essay free, language. To speak and arthur millar especially to write from such a position is to appropriate the African American’s Decision Making: Essay world, to dominate it through verbal mastery. Symbolic discourse (language, in various contexts) is arthur another means through which man objectifies the world, reduces it to his terms, speaks in head place of everything and everyone else--including women. How, then, are the millar Institutions and Four Essay signifying practices (speech, writing, images, myths, and arthur millar rituals) of such a culture to Four Political Essay be resisted?

These French women agree that resistance does take place in the form of jouissance , that is, in millar the direct reexperience of the physical pleasures of define, infancy and of later sexuality, repressed but not obliterated by the Law of the Father. 2 Kristeva stops here; but Irigaray and arthur millar Cixous go on free to emphasize that women, historically limited to being sexual objects for millar, men (virgins or prostitutes, wives or mothers), have been prevented from catcher in the, expressing their sexuality in itself or for themselves. Arthur! If they can do this, and if they can speak about internal it in millar the new languages it calls for, they will establish a point of define witch trials, view (a site of millar, différence ) from which phallogocentric concepts and controls can be seen through and my essay taken apart, not only in theory but also in millar practice. Head Story! Like Cixous, Wittig has produced a number of textes féminins , but she insists that the theory and practice of arthur millar, féminité must be focused on women among themselves, rather than on of a their divergence from men or from arthur millar, men's views of them. Witch Trials! From a joint attack on phallogocentrism, then, these four writers move to arthur various strategies against it. Free! Julia Kristeva, a founding member of the semiotic-Marxist journal Tel Quel , and arthur millar the author of several books on Four avant-garde writers, language, and philosophy, finds in psychoanalysis the concept of the bodily drives that survive cultural pressures toward sublimation and surface in what she calls semiotic discourse: the millar gestural, rhythmic, prereferential language of define internal, such writers as Joyce, Mallarmé, and Artaud. 3 These men, rather than giving up their blissful infantile fusion with their mothers, their orality and anality, reexperience such jouissances subconsciously and set them into play by arthur millar, constructing texts against conflict, the rules and regularities of conventional language. Arthur Millar! How do women fit into this scheme of African American’s vs. Constraint examples, semiotic liberation? Indirectly, as mothers, because they are the first love objects from which the arthur child is define witch typically separated and turned away in the course of arthur, his initiation into society. In fact, Kristeva sees semiotic discourse as an incestuous challenge to the symbolic order, asserting as it does the writer's return to the pleasures of his preverbal identification with his mother and his refusal to identify with his father and the logic of paternal discourse.

Women, for medusa, Kristeva, also speak and write as hysterics, as outsiders to arthur millar male-dominated discourse, for two reasons: the predominance in define salem witch trials them of drives related to anality and arthur childbirth, and their marginal position vis-a-vis masculine culture. African Choice Vs. Constraint! Their semiotic style is likely to arthur millar involve repetitive, spasmodic separations from the dominating discourse, which, more often, they are forced to imitate. 4. Define! Kristeva doubts, however, whether women should aim to millar work out alternative discourses. She sees certain liberatory potentials in define salem trials their marginal position, which is (admirably) unlikely to produce a fixed, authority-claiming subject/ speaker or language: In social, sexual and symbolic experiences, being a woman has always provided a means to another end, to becoming something else: a subject-in-the-making, a subject on arthur trial. Rather than formulating a new discourse, women should persist in challenging the discourses that stand: If women have a role to head story play . Arthur Millar! it is define conflict only in assuming a negative function: reject everything finite, definite, structured, loaded with meaning, in the existing state of arthur, society. Decision Making: Essay! Such an attitude places women on the side of the explosion of social codes: with revolutionary movements. 5 In fact, woman to Kristeva represents not so much a sex as an attitude, any resistance to millar conventional culture and language; men, too, have access to the jouissance that opposes phallogocentrism: A feminist practice can only be . at odds with what already exists so that we may say that's not it and story that's still not it. By woman I mean that which cannot be represented, what is arthur not said, what remains above and of a beyond nomenclatures and ideologies. There are certain men who are familiar with this phenomenon. For Luce Irigaray, on the contrary, women have a specificity that distinguishes them sharply from millar, men.

A psychoanalyst and former member of l'École freudienne at the University of Paris (Vincennes), she was fired from conflict, her teaching position in the fall of millar, 1974, three weeks after the publication of her study of the American’s Making: Choice Essay examples phallocentric bias in Freud. Speculum de l'autre femme is this study, a profound and millar wittily sarcastic demonstration of the ways in which Plato and Freud define woman: as irrational and my essay free invisible, as imperfect (castrated) man. In later essays she continues her argument that women, because they have been caught in arthur millar a world structured by man-centered concepts, have had no way of knowing or representing themselves. But she offers as the starting point for a female self-consciousness the facts of women's bodies and internal conflict women's sexual pleasure, precisely because they have been so absent or so misrepresented in male discourse. Women, she says, experience a diffuse sexuality arising, for example, from the arthur millar two lips of the vulva, and a multiplicity of libidinal energies that cannot be expressed or understood within the identity-claiming assumptions of phallocentric discourse (I am a unified, coherent being, and what is significant in the world reflects my male image).

7 Irigaray argues further that female sexuality explains women's problematic relationship to (masculine) logic and language: Woman has sex organs just about everywhere. Conflict! She experiences pleasure almost everywhere. The geography of her pleasure is arthur much more diversified, more multiple in its differences, more complex, more subtle, than is African Making: Choice Essay examples imagined-in an imaginary [system] centered a bit too much on arthur one and the same. She is infinitely other in salem herself. That is arthur millar undoubtedly the reason she is called temperamental, incomprehensible, perturbed, capricious-not to catcher analysis mention her language in which she goes off in all directions and in which he is arthur unable to discern the coherence of any meaning. Contradictory words seem a little crazy to the logic of reason, and inaudible for him who listens with ready-made grids, a code prepared in Four Political advance. Arthur Millar! In her statements-at least when she dares to speak out-woman retouches herself constantly. In The Rye Characters Analysis! 8. Irigaray concedes that women's discovery of arthur, their autoeroticism will not, by on Three Formulations, itself, arrive automatically or enable them to transform the existing order: For a woman to arrive at the point where she can enjoy her pleasure as a woman, a long detour by the analysis of the various systems that oppress her is arthur millar certainly necessary. Medusa Head Story! 9 Irigaray herself writes essays using Marxist categories to analyze men's use and exchange of women, and in others she uses female physiology as a source of critical metaphors and counterconcepts (against physics, pornography, Nietzsche's misogyny, myth), 10 rather than literally. Yet her focus on arthur the physical bases for Political, the difference between male and physical sexuality remains the arthur millar same: women must recognize and assert their jouissance if they are to in the subvert phallocentric oppression at its deepest levels.

Since 1975, when she founded women's studies at Vincennes, Hé1ène Cixous has been a spokeswoman for the group Psychanalyse et politique and millar a prolific writer of American’s Decision Making: vs. Constraint Essay, texts for arthur millar, their publishing house, Des Femmes. She admires, like Kristeva, male writers such as Joyce and Genet who have produced antiphallocentric texts. Define Conflict! 11 But she is convinced that women's unconscious is totally different from millar, men's, and that it is their psychosexual specificity that will empower women to overthrow masculinist ideologies and to of a create new female discourses. Arthur! Of her own writing she says, Je suis là où ça parle (A am there where it/id/the female unconscious speaks). 12 She has produced a series of analyses of salem trials, women's suffering under the laws of male sexuality (the first-person narrative Angst , the play Portrait de Dora , the libretto for arthur millar, the opera Le Nom d'Oedipe ) and story a growing collection of demonstrations of what id-liberated female discourses might be: La , Ananké , and arthur millar Illa . In her recent Vivre l'orange (1979), she celebrates the Brazilian writer Clarice Lispector for what she sees as a peculiarly female attentiveness to objects, the ability to African Making: Choice examples perceive and represent them in millar a nurturing rather than dominating way. Write Free! She believes that this empathetic attentiveness, and millar the literary modes to define which it gives rise, arise from libidinal rather than sociocultural sources; the typically feminine gesture, not culturally but libidinally, [is] to arthur produce in write order to arthur millar bring about write free life, pleasure, not in arthur millar order to accumulate. My Essay! 13. Cixous criticizes psychoanalysis for its thesis of a 'natural' anatomical determination of sexual difference-opposition, focusing on physical drives rather than body parts for millar, her definition of male-female contrasts: It is at characteristics of a, the level of arthur, sexual pleasure in my opinion that the Decision Making: vs. Constraint examples difference makes itself most clearly apparent in as far as woman's libidinal economy is arthur millar neither identifiable by medusa head story, a man nor referrable to the masculine economy. 14 In her manifesto for l'écriture féminine , The Laugh of the Medusa (1975), her comparisons and lyricism suggest that she admires in women a sexuality that is remarkably constant and almost mystically superior to the phallic single-mindedness it transcends: Though masculine sexuality gravitates around the millar penis, engendering that centralized body (in political anatomy) under the dictatorship of its parts, woman does not bring about the same regionalization which serves the couple head/genitals and which is inscribed only salem trials within boundaries. Her libido is millar cosmic, just as her unconscious is worldwide.

She goes on immediately, in terms close to Irigaray's, to link women's diffuse sexuality to women's language-written language, in this case: Her writing can only keep going, without ever inscribing or discerning contours. She lets the other language speak-the language of 1,000 tongues which knows neither enclosure nor death. Her language does not contain, it carries; it does not hold back, it makes possible. Catcher Rye Characters Analysis! The passage ends with her invocation of other bodily drives (pulsions in arthur the French) in American’s vs. Constraint a continuum with women's self-expression. Oral drive, anal drive, vocal drive-all these drives are our strengths, and millar among them is the gestation drive-just like the desire to internal write: a desire to live self from within, a desire for arthur millar, the swollen belly, for language, for blood. 15. In her theoretical and imaginative writing alike ( La Jeune Née , 1975, typically combines the two) Cixous insists on story the primacy of arthur, multiple, specifically female libidinal impulses in women's unconscious and in the writing of the head story liberatory female discourses of the future.

What Kristeva, Irigaray, and Cixous do in arthur millar common, then, is to oppose women's bodily experience (or, in Kristeva's case, women's bodily effect as mothers) to the phallic-symbolic patterns embedded in leader Western thought. Millar! Although Kristeva does not privilege women as the only possessors of write my essay, prephallocentric discourse, Irigaray and Cixous go further: if women are to arthur millar discover and express who they are, to define salem witch trials bring to millar the surface what masculine history has repressed in them, they must begin with their sexuality. And their sexuality begins with their bodies, with their genital and libidinal difference from men. For various reasons, this is define salem a powerful argument. We have seen versions of it in arthur the radical feminism of the witch United States, too. In the French context, it offers an island of hope in the void left by the deconstruction of millar, humanism, which has been revealed as an ideologically suspect invention by men. If men are responsible for the reigning binary system of meaning-identity/other, man/nature, reason/chaos, man/woman-women, relegated to the negative and passive pole of this hierarchy, are not implicated in medusa head the creation of its myths. (Certainly, they are no longer impressed by millar, them!) And the immediacy with which the body, the id, jouissance , are supposedly experienced promises a clarity of perception and a vitality that can bring down mountains of phallocentric delusion.

Finally, to the extent that the female body is seen as a direct source of catcher rye characters analysis, female writing, a powerful alternative discourse seems possible: to arthur write from the body is to re-create the world. But feminité and écriture féminine are problematic as well as powerful concepts. They have been criticized as idealist and internal conflict essentialist, bound up in the very system they claim to undermine; they have been attacked as theoretically fuzzy and as fatal to constructive political action. 16 I think all these objections are worth making. Millar! What's more, they must be made if American women are to in the rye characters sift out and use the arthur positive elements in write my essay French thinking about féminité . Arthur! First off, the basic theoretical question: Can the characteristics body be a source of self-knowledge? Does female sexuality exist prior to arthur millar or in spite of social experience? Do women in free fact experience their bodies purely or essentially, outside the arthur millar damaging acculturation so sharply analyzed by Essay Formulations of the Categorical, women in arthur France and my essay elsewhere? The answer is arthur no, even in terms of the psychoanalytic theory on which many elements in the concept of conflict, féminité depend. Feminists rereading Freud and millar Jaques Lacan and feminists doing new research on in the analysis the construction of sexuality all agree that sexuality is not an innate quality in arthur millar women or in salem witch men; it is developed through the individual's encounters with the nuclear family and arthur with the define conflict symbolic systems set into motion by the mother-father pair as the parents themselves carry out socially imposed roles toward the arthur millar child. Choice! Freud, Juliet Mitchell has shown, describes the arthur process through which girls in catcher analysis our society shift their first love for arthur millar, their mothers to a compensatory love for their fathers and American’s Making: examples develop a sense of their own anatomy as less valued socially than that of millar, boys. 17 Nancy Chodorow has documented and theorized the difficulty of leader, this shift and millar used it to define witch account for the complex affective needs of millar, girls and women.

18 To the analysis of the process through which sexual identity is formed Lacan adds the role of the father as bearer of in the, language and culture; he identifies the symbolic value attributed to the phallus as the as the millar basis for contrasts and Essay of the Categorical Imperative contrasting values that the child incorporates as she attempts to make sense of arthur, it and fit herself into the phallocentric world. So if early gender identity comes into American’s Decision Making: Choice vs. Constraint being in response to patriarchal structures-as, for arthur millar, example, Chodorow, Lacan, and rye characters analysis Dorothy Dinnerstein argue 19 -and if even the millar unconscious is sexed in salem trials accordance with the nuclear family, then there seems to be no essential stratum of sexuality unsaturated with social arrangements and symbolic systems. New readings of Freud and of object-relations theory both confirm that sexuality is millar not a natural given, but rather is the catcher rye characters consequence of social interactions, among people and arthur among signs. Theoretical work and head practical evidence strongly suggest that sexual identity (I am a woman, I experience my body as sexual in this way) never takes shape in isolation or in a simply physical context. The child becomes male or female in arthur millar response to the females and males she encounters in her family and to Essay Formulations the male and arthur female images she constructs according to define her experience especially her loss of direct access to either parent.

20 The desires of the millar child and of the define salem trials adult who grows out of the child finally result not from the millar isolated erotic sensitivities of the child's body; these sensitivities are interpreted through the meanings the characteristics leader child attaches to her body through early experience in a sexed world. To take from millar, psychoanalysis the concepts of drive and libido without talking about define internal conflict what happens later to the child's systems of self-perception is to arthur drop out the leader deepest level at arthur, which phallocentric society asserts its power: the sexed family as it imprints itself on Four Theories Essay the child's sense of arthur millar, herself as a sexed being. Define! Psychoanalytic theory is arthur millar not feminist dogma, and feminists have also analyzed the sexist ideologies that confront women past the age of childhood in the family. Not surprisingly, these ideologies make their way into catcher in the rye characters many women's day-to-day experience of their bodies, even in arthur situations that we have designed to be free of medusa head story, male domination. Millar! For instance, liberatory practices such as masturbation, lesbianism, and woman-centered medicine coexist with thoroughly phallocentric habits of thought and feeling; they are not liberatory simply because they aspire to Political be.

Some women discover, for arthur millar, example, that their masturbation is accompanied by medusa head story, puzzlingly unenlightened fantasies; contrary to the claims of arthur millar, féminité , women's autoeroticism, at African Making: vs. Constraint, least in arthur these decades, is catcher in the rye characters analysis shot through with images from arthur millar, a phallicly dominated world. Similarly, many lesbians recognize their need to resist roles of domination and submission that bear a grim, even parodic resemblance to heterosexual relationships. Women giving birth may wonder whether the catcher in the optimistic, even heroic terminology of natural childbirth is not related to arthur millar the suspect ideal of Decision Making: vs. Constraint Essay, taking it like a man. Millar! Even in the self-help clinics set up to spare women the catcher in the analysis sexist bias of the arthur millar male gynecological establishment, a phallocentric magasin des images may prevail. A counselor at head story, such clinic, showing a friend of arthur, mine her cervix for the first time in a mirror, made a remark (unintentionally, that's the point) that struck us both as far less liberating than it was intended to write my essay free be: Big, isn't it? Doesn't it look powerful? As good as a penis any day. All in all, at this point in history, most of us perceive our bodies through a jumpy, contradictory mesh of hoary sexual symbolization and political conterresponse. It is possible to argue that the arthur French feminists make of the female body too unproblematically pleasurable and totalized an entity. Certainly, women's physiology has important meanings for in the analysis, women in millar various cultures, and it is American’s Making: vs. Constraint examples essential for us to arthur express those meanings rather than to define salem witch trials submit to male definitions-that is, appropriations-of our sexuality. But the female body hardly seems the arthur best site to launch an attack on the forces that have alienated us from of the Categorical, what our sexuality might become.

For if we argue for arthur, an innate, precultural femininity, where does that position (though in characteristics leader content it obviously diverges from masculinist dogma) leave us in relation to earlier theories about arthur women's nature? I myself feel highly flattered by Cixous's praise for the nurturant perceptions of leader, women, but when she speaks of a drive toward gestation, I begin to millar hear echoes of the African vs. Constraint Essay coercive glorification of motherhood that has plagued women for arthur millar, centuries. If we define female subjectivity through universal biological/libidinal givens, what happens to of a the project of arthur millar, changing the world in feminist directions? Further, is women's sexuality so monolithic that a notion of write free, a shared, typical femininity does justice to it? What about variations in class , in arthur millar race, and in culture among women? What about Political Theories Essay changes over time in one woman's sexuality (with men, with women, by herself)? How can one libidinal voice--or the two vulval lips so startlingly presented by millar, Irigaray--speak for all women? The psychoanalytic critique of define salem witch trials, féminité as a concept that overlooks important psychosocial realities is not the only critique that can be brought against millar, positions like Irigaray's and Cixous's. Salem Witch Trials! Other French women have made a strong, materialist attack on what they call néo-féminité , objecting to it as an ideal bound up through symmetrical opposition in the very ideological system feminists want to arthur destroy. Define Internal Conflict! ( Questions féministes , the arthur millar journal founded in 1977 with Simone de Beauvoir as titular editor, is internal conflict a central source for this kind of thinking in France.) Materialist feminists such as Christine Delphy and millar Colette Guillaurnin are suspicious of the catcher rye characters analysis logic through which féminité defines men as phallic-solipsistic, aggressive, excessively rational-and then praises women, who, by nature of their contrasting sexuality, are other-oriented, empathetic, multi-imaginative. Millar! Rather than questioning the terms of Political Essay, such a definition (woman is man's opposite), féminité as a celebration of arthur, women's difference from men maintains them.

It reverses the values assigned to each side of the polarity, but it still leaves man as the determining referent, not departing from the male-female opposition, but participating in it. This is, I think, a convincing position, on my essay both philosophical and pragmatic levels. Arthur! What we need to salem trials do is to move outside that male-centered, binary logic altogether. We need to ask not how Woman is different from Man (though the question of how women differ from what men think they are is important). Arthur Millar! We need to rye characters know how women have come to be who they are through history, which is the history of their oppression by arthur millar, men and define conflict male-designed institutions. Only through an arthur analysis of the write power relationships between men and arthur millar women, and practices based on my essay that analysis, will we put an arthur end to our oppression-and only Theories then will we discover what women are or can be. More strategically, we need to know whether the millar assertion of Essay on Three Formulations of the Imperative, a shared female nature made by féminité can help us in millar feminist action toward a variety of rye characters analysis, goals: the possibility of working, or working in marginal or newly defined ways, or of not working in arthur millar the public world at all; the freedom for a diversity of sexual practices; the right to motherhood, childlessness, or some as yet untheorized participation in African American’s Making: Choice vs. Constraint Essay examples reproduction; the affirmation of historically conditioned female values (nurturance, communal rather than individualistic ambitions, insistence on improving the millar quality of private life), and African American’s Decision vs. Constraint the exploration of new ones. Arthur Millar! If we concentrate our energies on write opposing a counterview of Woman to arthur millar the view held by men in the past and salem trials the present, what happens to our ability to arthur support the salem witch trials multiplicity of women and the various life possibilities they are fighting for millar, in the future? In a critique of féminité as praise of write free, women's difference from men, the name of millar, Monique Wittig must be mentioned. Active in the early seventies in the Féministés révolutionnaires and a contributor from the write beginning to arthur millar Questions féministés , Wittig has written four quite different books, which are nonetheless related through her focus on women among themselves: the medusa head schoolgirls of arthur millar, L'Opoponax , the tribal sisterhood of Les Guérillères , the passionate couple of Le Corps lesbien , the users of the Decision Making: vs. Constraint Essay examples postphallocentric vocabulary laid out in arthur Brouillon pour un dictionnaire des amantes . Conflict! Wittig writes her novels, her monologues, and arthur her histories to explore what social relationships among women-identified women are or might be.

21 She rewrites traditional culture in salem witch mocking takeovers: one entry in Brouillon pour un dictionnaire is Ainsi parlait Frederika, conte pour enfants (Thus Spake Frederika, children's story), surely one of the least reverent allusions to Friedrich Nietzsche to come out of French critiques of arthur, culture. She also invents new settings, such as the ceremonies and define festivals of Les Guérillères and Le Corps lesbien , and arthur millar new modes, such as the feminized epic of Les Guérillères and the lyric dialogue of Four Political Theories Essay, Le Corps lesbien , to arthur represent what a female/female life--separatist but not isolationist--might be. As Wittig's talks at recent conferences in conflict the United States show, she is suspicious both of the millar oppositional thinking that defines woman in terms of man and of the Political Theories mythical-idealist strain in arthur millar certain formulations of salem trials, féminité . Arthur! 22 In her argument for of a, a more politically centered understanding of millar, women at define internal, the Second Sex Conference in New York (September 1979), she used a Marxist vocabulary which may be more familiar to U.S. Millar! feminists than the philosophical and psychoanalytic frameworks in which Irigaray and Cixous work: It remains . for us to write define our oppression in arthur millar materialist terms, to say that women are a class, which is to say that the Theories Essay category woman, as well as man, is a political and arthur millar economic category, not an eternal one. Story! . . . Our first task . . . is thoroughly to arthur millar dissociate women (the class within which we fight) and American’s Making: Choice vs. Constraint Essay woman, the millar myth. Catcher In The! For woman does not exist for us; it is millar only an imaginary formation, while women is the product of a social relationship. 21. Colette Guillaumin, arguing along similar lines in Theories Essay Questions féministés , points out that the psychic characteristics praised by arthur, advocates of catcher rye characters, féminité have in fact been determined by the familial and arthur millar economic roles imposed on vs. Constraint Essay women by men.

There is nothing liberatory, she insists, in women's claiming as virtues qualities that men have always found convenient. How does maternal tenderness or undemanding empathy threaten a Master? 24 The liberating stance is, rather, the determination to analyze and millar put an end to the patriarchal structures that have produced those qualities without reference to the needs of women. Define Internal! I have another political objection to the concept of féminité as a bundle of arthur, Everywoman's psychosexual characteristics: it flattens out the Essay Formulations of the Categorical lived differences among women. Arthur Millar! To the extent that each of us responds to define trials a particular tribal, national, racial, or class situation vis-à-vis men, we are in fact separated from one another. As the painful and counterproductive splits along class and arthur racial lines in analysis the American women's movement have shown, we need to understand and respect the diversity in arthur millar our concrete social situations. A monolithic vision of shared female sexuality, rather than defeating phallocentrism as doctrine and on Three of the Imperative practice, is arthur millar more likely to blind us to our varied and medusa story immediate needs and to arthur the specific struggles we must coordinate in head order to meet them. What is the arthur millar meaning of two lips to my essay free heterosexual women who want men to recognize their clitoral pleasure--or to millar African or Middle Eastern women who, as a result of pharaonic clitoridectomies, have neither lips nor clitoris through which to witch jouir ? Does a celebration of the Maternal versus the arthur millar Patriarchal make the same kind of sense, or any sense, to white, middle-class women who are fighting to maintain the right to characteristics of a leader abortion, to millar black and define salem witch Third World women resisting enforced sterilization, to arthur millar women in subsistence-farming economies where the analysis livelihood of the millar family depends on on Three of the Imperative the work of every child who is arthur millar born and survives?

And surely any one woman gives different meanings to story her sexuality throughout her individual history. Freedom from millar, sexual expectations and activity may well be what girls in the Western world most need because they are typically sexualized all to Political Essay soon by media, advertising, peer pressures, and millar child pornography; women of various ages undergo radical changes in salem trials sexual identity and response as they enter relationships with men, with women, or choose celibacy and millar friendship as alternatives. And it is hard to see how the situations of medusa head, old women, consigned to arthur sexual inactivity because of their age or, if they are widowed, to define trials unpaid work in millar others' families or to isolated poverty, can be understood or changed through a concept of jouissance . I wonder again whether one libidinal voice, however nonphallocentrically defined, can speak to the economic and cultural problems of Theories, all women. Hence, I would argue that we need the arthur millar theoretical depth and polemical energy of féminité as an alternative idea. Rye Characters! But a historically responsive and powerful unity among women will come from our ongoing, shared practice, our experience in and against the material world. Millar! As a lens and a partial strategy, féminité and l'écriture féminine are vital. Certainly, women need to shake off the mistaken and contemptuous attitudes toward their sexuality that permeate Western (and other) cultures and languages at their deepest levels, and working out self-representations that challenge phallocentric discourses is an important part of African Decision Choice vs. Constraint Essay examples, that ideological struggle. Millar! Women have already begun to transform not only the subject matter but also the write free ways of arthur millar, producing meaning in poetry, fiction, film, and the visual arts. (Indeed, feminist research suggests that the French may have been too hasty in their claim that women are only now beginning to African Decision Choice examples challenge the millar symbolic order.) But even if we take l'écriture féminine as a utopian ideal, an American’s Decision Choice Essay examples energizing myth rather than a model for how all women write or should write, theoretical and practical problems arise (again!) from an ideal defined in this way. Can the body be the source of a new discourse? Is it possible, assuming an unmediated and jouissant (or, more likely, a positively reconstructed) sense of one's body, to millar move from that state of unconscious excitation directly to a written female text? Madeleine Cagnon says yes, in La Venue à1'écriture , written with Cixous in 1977.

Her view is Four Theories that women, free from the self-limiting economy of male libido (I will come once and once only, through one organ alone; once it's up and over, that's it, so I must beware, save up, avoid premature overflow), have a greater spontaneity and abundance in body and language both: We have never been the masters of others or of ourselves. Millar! We don't have to define confront ourselves in order to free ourselves. We don't have to keep watch on ourselves, or to set up some other erected self in millar order to understand ourselves. All we have to do is let the Imperative body flow, from the inside; all we have to do is arthur erase . whatever may hinder or harm the medusa story new forms of writing; we retain whatever fits, whatever suits us. Whereas man confronts himself constantly. He pits himself against and stumbles over arthur, his erected self. 21. Characteristics Leader! But psychoanalytic theory and social experience both suggest that the arthur millar leap from body to Making: examples language is arthur millar especially difficult for women. 26 Lacanian theory holds that a girl's introduction into language (the symbolic order represented by the father and built on head phallic/nonphallic oppositions) is complex, because she cannot identify directly with the positive poles of that order. Arthur Millar! And in many preliterate and Decision Essay examples postliterate cultures, taboos against female speech are enforced: injunctions to silence, mockery of arthur millar, women's chatter or women's books abound. The turn-taking in early consciousness-raising groups in the United States was meant precisely to overcome the define internal verbal hesitancy induced in women by a society in which men have had the first and arthur millar the last word.

Moreover, for medusa head story, women with jobs, husbands or lovers, children, activist political commitments, finding the millar time and define internal conflict justification to millar write at all presents an enormous practical and ideological problem. 27 We are more likely to Essay Formulations of the write, and to read each other's writing, if we begin by working against arthur millar, the concrete difficulties and the prejudices surrounding women's writing than if we simplify and catcher rye characters idealize the process by arthur, locating writing as a spontaneous outpouring from the body. Calls for define internal conflict, a verbal return to millar nature seem especially surprising coming from women who are otherwise (and rightly!) suspicious of language as penetrated by phallocentric dogma. True, conventional narrative techniques, as well as grammar and on Three Formulations of the Categorical Imperative syntax, imply the unified viewpoint and arthur millar mastery of outer reality that men have claimed for themselves. But literary modes and language itself cannot be the medusa only targets for transformation; the arthur millar context for define witch trials, women's discourses needs to millar be thought through and broadened out. American’s Decision Making: Choice! A woman may experience jouissance in arthur millar a private relationship to of a her own body, but she writes for others. Arthur! Who writes? Who reads? Who makes women's texts available to women? What do women want to read about characteristics leader other women's experience?

To take a stance as a woman poet or novelist is to millar enter into on Three Formulations of the Imperative a role crisscrossed with questions of authority, of audience, of the modes of publication and millar distribution. I believe that we are more indebted to write free the body of earlier women writers and to feminist publishers and booksellers than to millar any woman writer's libidinal body flow. The novelist Christiane Rochefort sums up with amusing directness the conflicting public forces and witch voices that create the dilemma of the French woman who wants to arthur millar write: Well. Trials! So here you are now, sitting at your writing table, alone, not allowing anybody anymore to arthur interfere. Witch Trials! Are you free? First, after this long quest, you are swimming in a terrible soup of values-for, to arthur be safe, you had to refuse the so-called female values, which are not female but a social scheme, and to identify with male values, which are not male but an appropriation by witch, men-or an arthur attribution to men-of all human values, mixed up with the define anti-values of domination-violence-oppression and arthur the like.

In this mixture, where is define internal your real identity? Second, you are supposed to write in certain forms, preferably: I mean you feel that in millar certain forms you are not too much seen as a usurper. On Three Formulations Of The Categorical Imperative! Novels. Minor poetry, in which case you will be stigmatized in French by arthur millar, the name of poetesse: not everybody can afford it. You are supposed, too, to write about certain things: house, children, love. Catcher In The Rye Characters Analysis! Until recently there was in France a so-called littérature féminine . Arthur Millar! Maybe you don't want to define internal write about , but to write, period. And of course, you don't want to obey this social order .So, you tend to arthur millar react against it. It is not easy to be genuine. 28.

Whatever the difficulties, women are inventing new kinds of writing. Four Political! But as Irigaray's erudition and plays with the arthur speaking voice show (as do Cixous's mischievous puns and Essay on Three Formulations Imperative citations of arthur millar, languages from Greek through German to Portuguese, and catcher in the rye characters Wittig's fantastic neologisms and revision of conventional genres), they are doing so deliberately, on a level of millar, feminist theory and internal conflict literary self-consciousness that goes far beyond the body and the unconscious. That is also how they need to be read. Arthur! It takes a thoroughgoing familiarity with male figureheads of Essay on Three Formulations Categorical Imperative, Western culture to millar recognize the define internal intertextual games played by arthur millar, all these writers; their work shows that a resistance to on Three of the culture is always built, at arthur, first, of bits and write pieces of that culture, however they are disassembled, criticized, and millar transcended. Responding to Political Theories l'écriture féminine is no more instinctive than producing it. Women's writing will be more accessible to writers and readers alike if we recognize it as a conscious response to arthur socioliterary realities, rather than accept it as an overflow of one woman's unmediated communication with her body. Eventually, certainly, the characteristics leader practice of women writers will transform what we can see and understand in arthur a literary text; but even a woman setting out to Formulations of the Categorical Imperative write about her body will do so against and through her socioliterary mothers, midwives, and sisters. We need to recognize, too, that there is arthur nothing universal about characteristics of a leader French version of écriture féminine . Arthur! The speaking, singing, story-telling, and writing of Theories, women in cultures besides that of the arthur Ile de France need to be looked at and understood in their social context if we are to fill in an adequate and genuinely empowering picture of women's creativity. My Essay! But I risk, after all this, overstating the case against féminité and arthur l'écriture féminine , and that would mean a real loss. Medusa Story! American feminists can appropriate two important elements, at least, from the arthur French position: the write critique of phallocentrism in all the material and ideological forms it has taken, and arthur millar the call for new representations of women's consciousness.

It is not enough to uncover old heroines or to imagine new ones. Like the French, we need to medusa head examine the words, the syntax, the genres, the archaic and elitist attitudes toward language and representation that have limited women's self-knowledge and expression during the long centuries of patriarchy. We need not, however, replace phallocentrism with a shakily theorized concentrism that denies women their historical specificities to recognize how deep a refusal of millar, masculinist values must go. 29 If we remember that what women really share is an catcher analysis oppression on arthur all levels, although it affects us each in different ways-if we can translate féminité into free a concerted attack not only on language, but also directly upon arthur millar the sociosexual arrangements that keep us from our own potentials and from each other-then we are on our way to Essay on Three Formulations of the Categorical Imperative becoming les jeunes nées envisioned by arthur, French feminisms at in the analysis, their best. 1For a summary of the arthur intellectual background of French feminism, see Elaine Marks, Women and Literature in France, Signs 3 (Summer 1978): 832-42. Phallogocentrism at work is powerfully analyzed by write free, Shoshana Felman in her study of the characters and critics of a short story by arthur millar, Balzac, Women and of a Madness: The Critical Phallacy, Diacritics 5 (Winter 1975): 2-10. Arthur! 2 Jouissance is conflict a word rich in arthur millar connotations. Pleasure is the leader simplest translation. Arthur! The noun comes from the verb jouir, meaning to catcher analysis enjoy, to millar revel in without fear of the head story cost; also, to have an arthur millar orgasm.

See Stephen Heath's Translator's Note in Roland Barthes's Image-Music-Text (New York: Hill Wang, 1978), p. African Decision Making: Vs. Constraint Essay! 9. A note to Introduction 3 in arthur New French Feminisms: An Anthology, ed. Elaine Marks and catcher in the rye characters analysis Isabelle de Courtivron (Amherst: University of millar, Massachusetts Press, 1980), explains feminist connotations of Four Political Essay, jouissance as follows: This pleasure, when attributed to a woman, is considered to be of millar, a different order from the African American’s Choice examples pleasure that is millar represented within the male libidinal economy often described in terms of the capitalist gain and profit motive. My Essay Free! Women's jouissance carries with it the arthur millar notion of catcher in the rye characters analysis, fluidity, diffusion, duration. It is a kind of potlatch in the world of orgasms, a giving, expending, dispensing of pleasure without concern about millar ends or closure. (P. 36, The Law of the Father is free Lacan's formulation for language as the medium through which human beings are placed in culture, a medium represented and arthur enforced by the figure of the father in the family. Witch! See Anika Lemaire, lacques Lacan, trans. Arthur! David Macey (London: Routledge Kegan Paul, 1977), esp. pt.

7, lain The Role of the on Three of the Categorical Imperative Oedipus in Accession to the Symbolic. 'Julia Kristeva's books include Semiotike: Recherches pour une semanalyse (Paris: Tel Quel, 1969); Le Texte du roman g1033 (The Hague: Mouton, 1970)? Des Chinoises (Paris: Des Fernmes, 1974); La Rolution du langage poique (Paris: Editions du Seuil, 1974);Polylogue (Paris: Editions du Seuil, 197% and Pouvoirs de Aorreur.? essai sur I'ahiection (Paris: Editions du Seuil,1980). She also contributes frequently to the journal Tel Quel, including the Fall 1977 issue (no. 74) on arthur women and women's writing. For her criticism of medusa story, certain notions of féminité , see her interview with Frangoise van Rossum?Guyon, '76minit6 et 6criture:en r6ponse A deux questions sur Polylogue, Revue des sciences humaines 168 4Kristeva, Le Sulet en procs, in Polylogue, p. 77. See, in millar the same volume, her discussion of African American’s Making: Choice vs. Constraint examples, maternity as an experiencethat breaks down the categories of masculinist thought, in Maternit6 selon Giovanni Bellini, pp. 409?38. Arthur Millar! She expands her argument about the meanings of maternity for women's creativity in Un Nouveau Type d'intellectuel: le dissident and H6thique de I'amour, Tel Quel, no. 74 (Fall 1977), pp. 3?8, 30?49.

For an explanation of medusa head, her theory of the semiotic and of Irigaray's concepts of arthur, 1'ecriture f. minine, see Josette F6ral, Antigone, or the Irony of the Tribe, Diacritics 8 (Fall 1978): 2?14. 5110SCillation du 'pouvoir'au 'refus,' interview by medusa, Xavi6re Gauthier in Tel Quel, no. 58 (Summer 1974), trans. in Marks and arthur millar Courtivron, New French Feminisms, pp. 166?67. This collection of my essay, translated excerpts from French feminist writers is arthur millar likely to define conflict be very useful to arthur English?language readers.

6Kristeva, La Femme, ce n'est jamais ga, interview in Tel Quel, no. 59 (Fall 1974), trans. in New French Feminisms, pp. 33 134?38. Kristeva has written mainly about male writers, but see her comments on some typically feminine themes in analysis a dozen recent French women writers in arthur Oscillation, Tel Quel, no. Catcher In The Rye Characters! 58 (Summer 1974), pp. 100?2.

She comments on millar certain elements of Essay on Three of the, women's style in arthur her interview with van Rossum?Cuyon (see note 3 above), although she derives them from define internal conflict, social rather than libidinal sources. Arthur! 7Luce frigaray, an interview, Women's Exile, in Ideology and African Choice Consciousness, no. Arthur Millar! 1 (1977), pp. 62?67, trans. and intro. Essay On Three Formulations Categorical Imperative! Diana Adlam and Couze Venn. 81rigaray, Ce Sexe qui n'en est pas un, Ce Sexe qui n`en est pas un (Paris: Editions de Minuit, 1977), trans. in New French Feminisms, p. lain 103. Irigaray's books since Ce Sexe are Et l'une ne houge sans Pautre (Paris: Editions de Minuit, 1979) and Amante marine. f0 (Paris: Editions de Minuit, 1980). Her first book was a clinical study, Le Langage des d. ments (The Hague: Mouton, 1973). 9New French Feminisms, p. 105. Arthur! 101rigaray discusses the Four historical position of women in Marxist terms in Me March6 aux fernmes, in Ce Sexe.

Her responses to Nietzsche are in arthur millar Amante marine. Conflict! 11H616ne Cixous's studies of arthur, male writers include her doctoral thesis, LExil de Joyce ou Part du remplacement (Paris: Crasset, 1968); Pr6noms de personne (sur Hoffman, Kleist, Poe, Joyce) (Paris: Editions du Seuil, 1974)? and introductions to Four Political Theories James Joyce and Lewis Carroll for Aubler. Since 1975, all her books have been published by Des Fernmes. 12CiXoUS, Entretien avec Franqoise van Rossum?Guyon, Revue des sciences humaines 168 (December 1977): 488. Qa parle is arthur millar a Lacanian formula, but elsewhere (in her fiction/essay Partie [Paris: Des Femmes, 1976], for catcher in the rye characters analysis, example) she mocks what she sees as the Father/phallus obsession of recent psychoanalysis. 13CiXoUS, Entretien, p. Arthur! 487? and Vivre l'orange [includes an English version by 2. Cixous with Ann Liddle and define Sarah Cornell] (Paris: Des Femmes, 1980), pp. 9, 105?7. 14CiXoUS, Sorties, La Jeune N6e (Paris: Union G6n6raled'Editions, 1975), trans. in New French Feminisms, p. 98. 15New French Feminisms, pp. Arthur Millar! 259?60.

16The opening manifesto of Questions f. Leader! ministes is a long and millar persuasive critique of Essay Categorical Imperative, njo?fjminit. , translated in millar New French Feminisms as Variations on Common Themes, pp. 212?30. See also the appraisal by Beverly Brown and internal Parveen Adama, The Feminine Body and Feminist Politics, m1f g1033 3 (1979): 33?37. 17JUliet Mitchell, Psychoanalysis and Feminism: Freud, Laing, Reich and arthur millar Women (New York: Vintage Books, 1975). See especially The Holy Family, 4: The Different Self, the Phallus and free the Father, pp.

382?98. 18Nancy Chodorow, The Reproduction of millar, Mothering: Psychoanalysis and the Sociology of head, Gender (Berkeley: University of California Press, 1978). Millar! 19Dorothy Dinnerstein, ne Mermaid and the Minotaur: Sexual Arrangements and African vs. Constraint Essay examples Human Malaise (New York: Harper Row, 1977). 20jacqueline Rose, in an article on arthur Freud's analysis of the rye characters hysteric Dora, emphasizes that the male/female roles internalized by arthur millar, the child enter the witch unconscious at such a deep level that they govern the arthur production of salem witch, dreams. Dora, who desires a woman, represents herself as a man?a striking example of the millar socialized image of desire. My Essay Free! 'Dora'?Fragment of an Analysis, m/f (1979): 5?21.

21Wittig's books have all been translated into English: L'Opoponax by Helen Weaver (Plainfield, Vt.: Daughter's Press Reprint, 1976); Les Gu(irill. fs23 by David Le Vay (New York: Avon Books, 1973)? The Lesbian Body by David Le Vay (New York:P Avon Books, 1976); Lesbian Peoples: Material for arthur, a Dictionary (with substantial revisions) by define witch, Wittig and Sande Zeig (New York: Avon Books, 1979). 22Monique Wittig, The Straight Mind, speech given at the Feminist as Scholar Conference in May 1979 at Barnard College, New York. Millar! 23Monique Wittig, One Is Not Born a Woman, text of the speech given at Theories Essay, the City University of arthur millar, New York Graduate Center, September 1979. 24Colette Cuillaumin, Question de diff 6rence, Questions f6ministes 6 (September 1979): 3?21. Cuillaumin points out write my essay free, that the arthur claim to difference comes from other oppressed groups as well (Third World and write my essay free U.S. blacks, for example) who have not yet succeeded in putting their desire for political self?determination into effect. To assert their difference against the ruling class strengthens their group solidarity, but at millar, the expense of an analysis of the Essay of the political sources of arthur, that difference.

25Madeleine Gagnon, Corps I, New French Feminisms, p. Four Theories! 180. Arthur Millar! See Chantal Cbawaf for a similar statement, in La Chair linguistique, New French Feminisms, pp. 177?78. 26Cora Kaplan combines psychoanalytic and Four Theories anthropological accounts of arthur millar, women's hesitations to story speak, in millar Language and Gender, Papers on Patriarchy (Brighton, England: Women's Publishing Collective, 1976). Similarly, Sandra M. Gilbert and Susan Cubar demonstrate bow socially derived ambivalence toward the role of writer has acted upon women's writing in English, in The Madwoman in the Attic: The Woman Writer and medusa head the Nineteenth? Century Literary Imagination (New Haven, Conn.: Yale University Press, 1979). 27See Tillie Olsen's Silences (New York: Delacorte Press, 1979) for a discussion of the arthur practical demands and African Choice Essay examples self?doubts that have hindered women's writing, esp.

The Writer?Woman: One out of millar, Twelve, pp. 177?258. Catcher In The Rye Characters! 2Christiane Rochefort, Are Women Writers Still Monsters? a speech given at arthur, the University of of a, Wisconsin, Madison, February 1975; translated in New French Feminisms, pp. Arthur! g1033 185?86. 29Concentrism is internal Elaine Showalter's term, used in a speech, Feminist Literary Theory and Other Impossibilities, given at the Smith College Conference on millar Feminist Literary Criticism, Northampton, Mass., October 25, 1980.

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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 arthur millar 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. Head Story! And much more. A law student learnsfinallyto learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the millar, law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed the tools to confidently tackle exams in head story a methodical way.

Jan Court, Univ Texas '00. Just knowing you have a plan i.e., the steps keeps you from worrying about panic. Rob Goldbaum, U. Arthur! Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of internal conflict, LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in arthur millar nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in in the length, and millar either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students.

However, open book is misleading, as there is typically little time to my essay free refer to aids. Open or closed book, the law you need to arthur know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and catcher in the limits as to millar how much you can write or type. Grading is invariably anonymous to protect professors and students alike. Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on medusa story law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of arthur millar, individual professors. There follow three examples of essay hypotheticals selected from African Decision Making: Essay examples, among the eight in the appendix of the arthur, LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you.

You may want to attempt a response before looking at write free the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the arthur, Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and head confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and 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 millar why so few law students manage even a single A on final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. Catcher In The Analysis! As she explained to her husband moments later by arthur millar phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to be in in the the hot tub for arthur, 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. Essay Formulations Of The Categorical! Not the millar, most graceful move in 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 define, Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the arthur, tennis racquet. Thereupon followed, inter alia , the following events and motions:

1 OFU, Inc. and Setter moved for a change of venue to Queens County. 2 Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. [So-called nail and mail service.] 3 Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense.

4 OFU, Inc. Medusa Story! served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in arthur 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 Decision Choice Essay examples 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 arthur privileged against disclosure by either spouse or by a third person (e.g., an Theories Essay eavesdropper). Personal Jurisdiction Generally, in millar order to catcher in the analysis determine the rights and duties of arthur, parties to an action, and to bind the parties personally to its determinations, a court must have in Categorical Imperative 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. Arthur! Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the American’s Making: Choice vs. Constraint examples, summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by arthur regular mail to African American’s Decision Making: Choice Essay examples said address (so-called nail and mail). A court has held that three attempts at in hand service at arthur 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 due diligence. Waiver of Four Political Theories Essay, 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 arthur appeal. Requests for Formulations of the, admission A request for admission imposes a duty on arthur the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. The party served normally has 30 days to respond. Essay Of The Categorical Imperative! Failure to timely respond results in the matter being deemed admitted. Inter alia , it is arthur millar permissible to Decision Making: vs. Constraint Essay request that a party admit to millar a legal conclusion (e.g., that an employee was acting with authority, or that the my essay, party was traveling against traffic on a one-way street).

However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and arthur millar issues is generally prohibited. Claim preclusion Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue Refers to define internal the proper place for arthur millar, trial of a lawsuit. Four Political! The purpose of arthur millar, venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and defend (policy!). Imperative! Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the millar, transaction which is the subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to proceed. [Always the catcher in the, Steps, always the Steps a constant way of thinking.] Step One [Conflict pairings and party objective(s) for each of the arthur millar, six events/motions.]

The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. American’s Making: Vs. Constraint Essay! However, given that this is arthur millar a civil procedure exam, the rye characters, objectives that count for arthur millar, purposes of generating premises are intermediate in Four 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 millar Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not.

3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. Decision Making: Choice Vs. Constraint! 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 arthur millar be allotted each will be roughly the catcher analysis, same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on each question to completion before going on to the next .] Step Two [Consider each pairing, party, and millar objective. Cull facts (and course outline) for relevant premises.]

1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . African Choice Vs. Constraint Essay! . No.4; . . . 5; . . . 6.] 3 = Rule re lack of millar, personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the Political Theories, others, Step Three is unnecessary as an arthur millar independent exercise. It is part and parcel of inspecting the law giving rise to Four Political Theories the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on arthur millar as pivotal.]

Preview of a logical sequence for discussion No overlap of discussion apparent. No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. Essay On Three Formulations Of The Categorical! The professor/bar grader will likely be looking for arthur, it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in catcher in the the county where the action arose. Arthur! Transitory has been defined to mean that the catcher rye characters, transaction that is the subject of the action could have occurred anywhere. Coris' fall and arthur the destruction of the racquet could have occurred anywhere. [Concludes statement of Political Theories Essay, relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in New York County of arthur, Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County.

It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the define internal conflict, requirements of arthur millar, personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at Four Political Theories Essay in hand service at a defendant's place of business, without attempting to serve the defendant at arthur millar home or leave the summons and complaint with a person of suitable age and Essay on Three Formulations Imperative discretion at the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at millar his place of define conflict, business. Millar! [Analysis.] Conclusion: The attempted nail and catcher rye characters analysis mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the arthur, 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. Catcher In The Analysis! Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Millar! Arguably, raising the claim on appeal is after trial. Essay! However, waived upon the taking of an appeal clearly indicates that the arthur millar, time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of Theories Essay, lack of personal jurisdiction would be deemed waived on arthur millar appeal. Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof.

Confidential communications between husband and wife are privileged from catcher in the, disclosure by either spouse and by arthur 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 indication of medusa story, Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and arthur millar appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and a hot tub seems merely casual. In The Rye Characters! [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for arthur, an admission imposes a duty on the party served to acknowledge the existence of facts that are not in in the rye characters doubt and that should not be necessary to prove at arthur trial. However, inter alia, it is medusa story not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to millar prove at trial.

Moreover, in that negligence is a legal conclusion, the statement would appear to be an head story abstract statement of law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of millar, acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of rye characters, that claim or cause of action in a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and millar sets forth the same cause of action as the Four Theories Essay, 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 millar the Bottomline brothers, Ohmy, Padthe, and Savethe, for my essay, the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for arthur millar, 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 Essay of the the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the outstanding shares, by arthur far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and Essay of the under no circumstances to Meddle or her representative.

Thereupon Meddle brought suit in her own right and on behalf of arthur, RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the write my essay free, ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of arthur, directors of any expenses incurred in 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 state a cause of action. My Essay! 2) RIPCORP moved in arthur millar the alternative that the write my essay free, 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 purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the arthur, court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts Generally includes acts beyond the catcher in the rye characters, purpose or powers of the corporation, and arthur millar 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 recover damages from the officers and/or directors (present or former) responsible for my essay, the ultra vires act(s).

Shareholder inspection rights Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and millar 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 a holder of Decision Making: vs. Constraint examples, 5 percent of millar, any class of outstanding shares. Shareholder rights of action Generally, a shareholder may sue the corporation in Making: examples his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to millar procure a judgment in favor of the my essay, corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the arthur millar, plaintiff was a shareholder when the Formulations of the, alleged wrong to arthur the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the Essay Imperative, board members are the defendants). Note that in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the arthur millar, 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 define conflict him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the arthur millar, action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview The three motions referred to by the question are like three questions, each to be considered separately. Decision Making: Choice! [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 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. Arthur! However, the objectives relevant to African American’s Making: vs. Constraint Essay examples a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of arthur millar, insurance be quashed, versus maintenance of same. Step Two [RIPCORP is free movant for millar, motions 1 and 2, Meddle for define conflict, 3. The motions themselves, especially the first, point to arthur millar overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in on Three Formulations of the Categorical Imperative light of each of Meddle's objectives set forth in millar the preceding sentence . The facts in African Making: vs. Constraint Essay examples the first two paragraphs need only be considered for purposes of analysis.]

1) Lack of standing, failure to first make a demand on the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to millar relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the in the rye characters analysis, effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to millar skip Step Three and go to the writing phase .]

Preview of 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 enforce her rights as a shareholder, and/or on behalf of the my essay free, corporation to procure a judgment in favor of the millar, corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred. On Three Formulations Of The Categorical! 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 arthur millar records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. Medusa Story! A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of millar, shares.

However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Analysis! Moreover, the millar, corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Catcher In The! Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on arthur the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the on Three Formulations of the, board commence the arthur millar, action, or there be sufficient reasons for my essay, not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in arthur M's suit and hold a majority of American’s Choice examples, seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the millar, possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at least five percent of head, any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of arthur millar, one percent of the initial 100,000 share offering. Their value at write the time of the arthur, suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. Internal Conflict! However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!]

Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to arthur impose this financial impediment. [Note the Essay examples, 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 arthur millar, defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. [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 write my essay 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 arthur millar, their duty to exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to have been engaged for head, some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is arthur millar unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in of the Categorical Imperative the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of arthur millar, indemnification insurance.

Conclusion : The motion should be granted as to Choice vs. Constraint Essay any portion of the resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions. T properly executed a will in arthur 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 internal bequeath the rest, residue, and remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to arthur his 1994 will, by the terms of which he increased the Four Essay, legacy to arthur Y to $150,000; and in all other respects he ratified, confirmed, and of the republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the millar, 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 catcher in the, several witnesses to T's execution of the 1994 will.

Discuss the millar, 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 not in existence or not in rye characters the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the millar, legatee takes nothing. Death of a beneficiary A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per internal stirpes . Disposition of millar, estate Shall be in accordance with a decedent's last will and African American’s Choice vs. Constraint examples testament. Execution of a will A properly executed will implies at least two witnesses thereto who do not stand to take under said will.

Republication A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the arthur millar, fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. Revocation As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the define conflict, testator's property, shall be deemed to have revoked the arthur millar, prior will by implication. A will may further be revoked by Essay means of its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will. Specific legacy A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of his bounty. Witness as beneficiary A witness to a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview The instruction points to parties who stand to arthur millar take from on Three Formulations of the, T's estate.

Each will be in opposition to anyone or anything that would prevent him from taking from arthur millar, T's estate. Step One X, Y, Z, B, and A vs. American’s Decision Making: Choice Vs. Constraint Essay Examples! anyone or thing (including each other, T, the state, or the estate) that stands between him and arthur taking from T's estate. B v. Z seems a key conflict. Step Two [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling. Internal! Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into arthur 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 American’s Decision Making: Essay examples set forth the premises of the various parties in arthur Step Two, I may as well go straight to the response.

My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of internal, a logical sequence of discussion Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to make sense. B and arthur millar Z's rights [This label conforms to the instruction. B v. Internal Conflict! 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 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and millar Z's legacy. However, a properly executed codicil to Essay on Three Formulations of the Categorical Imperative a revoked will operates as a republication of a will that is, in form, properly executed. Arthur! This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making.

The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in executing the African American’s, codicil accurately recited the millar, nature and extent of his property and recognized the natural objects of catcher analysis, his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and millar remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in existence or not in the possession of the testator when he dies.

When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to internal X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to arthur a beneficiary who predeceases the of the Categorical, testator ordinarily lapses.

By statute in many jurisdictions, however, dispositions to millar beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Medusa Head Story! Such surviving issue will take the legacy in equal proportions per arthur millar stirpes . Therefore, although Y predeceased T, Y's son, S, would take the define internal conflict, $150,000, providing he is arthur not disqualified by having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in head probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Arthur Millar! Therefore, presumably two other witnesses exist to prove the will in probate. NB: Arguably S should be permitted to African American’s Making: Essay examples take under the 1994 will per stirpes, even were he one of only two witnesses to the will. Arthur Millar! The rationale for not allowing a witness necessary to probate to take under the Essay, will being probated is presumably the conflict of interest posed. The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will.

However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the arthur millar, kind of interest and medusa thoughtfulness that may catch a professor's attention and garner an A. Millar! Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at the beginning. Catcher! (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per millar stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors. Richard ordered the audio CD version of on Three of the Categorical Imperative, LEEWS. His is the millar, 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. Four Theories Essay! His accompanying remarks are reprinted in arthur millar the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in fact, *my* exam essay answer, and my essay free 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 arthur millar surely wanted when confronted with a task such as what follows is Essay on Three Categorical Imperative a system whereby in structured, step-by-step fashion, the arthur millar, examinee knows exactly what is wanted and write my essay how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual.

Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). Millar! . 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 internal 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. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on arthur millar this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Conflict! Part I consists of problems calling for millar, written analysis.

Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the instructor immediately. Head Story! 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 arthur the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. My Essay! A.). When you have completed your answers to arthur Part I, number your pages consecutively, write your identification number on my essay free each page, and arthur staple all of the Categorical, pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number.

3. Write on only one side of arthur millar, a page and write my essay leave a left margin. Write your identification number in millar the space provided on Four Essay the answer sheet for Part II and mark the millar, appropriate corresponding circles on your answer sheet to indicate your examination number. Conflict! Do not staple the answer sheet for arthur millar, Part II to anything. Submission of Exams -- General Instructions When you have finished the my essay free, examination, place your answers to millar Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in. Head Story! You must write your identification number on arthur 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 in the rye characters analysis, answers. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to millar 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 medusa head 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 arthur millar 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 medusa story, persons. (a) transacting any business within this State; (b) causing tortious injury by arthur millar an act or omission in this State; (c) causing tortious injury in this State by medusa head 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 arthur millar, goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting. X.C.A. 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the write my essay free, 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. You are now an associate attorney in a law firm. Respond fully to the following memorandum from one of your employers. I Quit is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde.

Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in arthur the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from home.

In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [First Commercial] attended a lecture on furniture repair that Isolde gave in Prussia. Conflict! He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. Arthur Millar! After receiving a letter at their shop offering the banks services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and of the Categorical Imperative Tristan immediately took them to First Commercials main office, located ten miles away in the State of Prussia.

First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and arthur Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the in the, banks claim against arthur him for $50,000. First Commercial then sued Isolde in the United States District Court for catcher in the, Prussia to collect the unpaid principal and interest. First Commercials attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for the District of millar, Swabia. Internal! In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia.

First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria. Millar! Be sure to medusa story discuss fully any possible defenses that you may have considered and rejected and arthur millar explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. African American’s Decision Choice Essay Examples! Isolde. Date: Dec. 12, 2006.

I have now learned that Isolde was involved in millar an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days. An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the 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 Four me that the judgment of the federal district court in arthur millar Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a students essay that received a top grade. Essay! Commentary by Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: IRAC (merely a formula for organizing analysis of an millar issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the Four Essay, issue, making a separate statement of issue unnecessary (thereby saving time). Arthur Millar! 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 African American’s Decision Making: examples the next to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of arthur, limited jurisdiction; they can only hear certain types of claims as outlined in free Article III of the US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. Arthur! First Commercial is a citizen of Prussia. Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in 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.

Consequently, Isolde must have been living in internal conflict Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is arthur still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only head story, moved to Swabia temporarily, to see if she would enjoy life on her own. If Isolde is found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is found to arthur millar have relocated to in the rye characters Swabia with the intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the arthur millar, amount in controversy to exceed $75,000. The $100,000 judgment against in the rye characters analysis Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under federal question jurisdiction because breach of arthur, contract is a state common-law claim. Therefore nothing in the plaintiffs complaint arises under the Constitution and laws of the United States.

Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on Four Political Essay collateral attack. However, it is arthur millar more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the catcher analysis, District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the arthur millar, rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on head 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 millar her in internal conflict Prussia. 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 an out of state defendant only if the arthur, state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach.

Because it is necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Write! Even though the millar, contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to 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. Essay! Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of preparation.

Failure to devote sufficient time to study of the assigned materials frequently manifests itself in arthur millar a persons demonstrated obliviousness to important distinctions. Others simply didnt know what to do with the fact, thus reflecting a failure to medusa story study the Burger King opinion and to pay attention to arthur our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over American’s Making: Essay Isolde on the basis of the first of the enumerated acts: a) transacting any business within the State. The claim for millar, relief, the $100,000 breach of contract, arises from the defendants act of Essay on Three Formulations of the, entering into the loan contract, which First Commercial will argue was executed on Tristans delivery of the millar, loan documents to the Banks main office in Prussia. Write Free! Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. Millar! This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in state result, the execution of the contract. [It is probably not necessary to stretch the construction of the 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 directly or by an agent. Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in the facts for speculating that Isolde didnt know what she was signing. Indulging in internal conflict speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to millar the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of write free, law. The U.S.

Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of arthur, state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendants minimum contacts with the forum, such that the Political Theories Essay, assertion of jurisdiction would not offend traditional notions of arthur, 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 in the, jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the arthur, 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 my essay the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the arthur millar, privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the story, 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 she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining fair play and substantial justice, articulated in the US Supreme Courts Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to arthur millar travel to a nearby state where she lived most of her life and medusa head story where she sometimes appears to give lectures.

The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws. The interest of the 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 millar unfair forum for Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and African American’s Making: Essay service of process in the enforcement proceedings in Swabia and arthur Bavaria. Such discussions reflect a lack of Essay on Three of the Imperative, knowledge of our classwork on Assignment 27, a failure to read the arthur, Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]

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The Best of the Best: McKinseys Problem Solving Test, Case Interviews Prep, and arthur Life. Since we started the site, youve asked us thousands of questions what goes on behind that MBB veil? Our rapid growth pays testimony to your curiosity over 1M unique visitors a year, each wanting to know everything possible about these world-class firms. But do you just want the catcher rye characters analysis party line? No way you can swallow a marketing pitch in arthur, an info session or jump on their websites for that. So, friends, weve decided to medusa head story, give you what you want in-depth firm profiles, from our insider point-of-view. Now you can find company overviews on other sites (WetFeet, GlassDoor), but most of them are outdated, cookie-cutter and lame they dont give you the skinny on how the firm works, what the firm values, and tips for breaking in. Just one note about perspective we arent beholden to being PC, so we can be completely honest yes, even when it hurts. And if you disagree?

Email us or comment below. For each firm, well cover: Key Stats History Organization Culture Interviews and Recruiting Articles and arthur Links. Lets get started. Were launching our first firm profile with McKinsey Co., arguably THE top, most competitive management consulting firm in Political, the industry. Who doesnt want to work at arthur millar McKinsey, right? Its the M in define conflict, MBB, which stands for a-Mazing. Arthur Millar. Master. McDaddy. Maestro. The largest and oldest premier firm in the biz has an aura of legacy, power, and prestige.

McKinsey Company Headquarters: New York, NY. McKinsey Company Employees: 9,000+ consultants. McKinsey Company Locations: 104 offices, 50+ countries. McKinsey Company Chief Executive: Dominic Barton (CEO) In 1926, James McKinsey (Mac) left his career as professor of accounting at University of Chicago to build a firm that provided finance and budgeting services. In 1933 Marvin Bower joined forces with McKinsey. He came with a JD and an MBA from Harvard, setting the tone for the firms well-known preference for candidates with impressive academic credentials. Following Macs early death, Bower reigned for the next two decades, growing the firm into a legitimate force and African American’s Choice vs. Constraint examples institutionalizing the management consulting profession. Expansion across the arthur U.S. in the 40s gave way to Formulations Imperative, McKinseys first international offices in the 50s, and further globalization and the first McKinsey Quarterly in the 60s.

The next leap in numbers for McKinsey occurred in the 90s under Rajat Gupta, the firms first non-American-born managing director. It also marked Marvin Bowers retirement and the establishment of the McKinsey Global Institute. In recent years, the firm has been focusing more on expansion in Asia and developing their public sector and arthur social sector practices. Early McKinsey leaders like Bower were extremely successful in head, establishing relationships with C-level executives and convincing business owners of the value of their management consulting services (initially termed management engineering). Arthur. Its paid off. Today, the of the firm boasts the A-list leaders of the largest companies and governments in the world among their clientele. McKinsey is arthur, a bit like an academic organization.

Senior partners are like tenured faculty, and new hires are the bright, eager students. The firm has about 100 performance cells that are all autonomous, categorized by geographic office, industry practice, or functional practice. Beyond that, theres no hierarchical structure that defines reporting lines. Like most management consulting firms, McKinsey operates on an up or out basis consultants must either advance in catcher analysis, their careers within a pre-defined timeframe (usually two years) or exit the firm. McKinsey works in a wide array of industries, just as youd expect. However, the firm reigns as undisputed king in a few specific areas, like the public sector and education advisory practices. You can read McKinsey case studies (not interview studies, but project overviews) within each functional practice at their website weve linked to them directly below.

Heres a full list of millar all the industries McKinsey works inis there anything they dont cover?! Like all the MBB firms, McKinsey has offices worldwide, but their presence in Germany, Dubai, and China overpowers their competitors both in head, numbers and in the range of expertise offered. If youre applying as an undergrad or non-MBA, youll be competing for a position as a Business Analyst. Only advanced degree professionals can move directly into an Associate role otherwise, you need to go train up (get your Stanford MBA or Harvard JD ). Arthur Millar. McKinsey sponsors graduate programs for top performers, and they trade year-for-year 1 year of Four Political Essay academic work to 1 year of arthur millar indentured servitude (paid at really nice salaries see our Salaries Post for details). After coming back or breaking in from grad school, and then spending 2-3 years at the Associate level, youll be evaluated for Four Theories Essay a promotion to Engagement Manager. Once youve proved yourself as Manager and put in 3-5 years of service, youll be on millar your way to Essay of the Categorical, Associate Principal and then finally Principal/Partner. Sounds easy, right? Its not that simple! Even current CEO Dominic Barton didnt get there in arthur, a straight shot. It took him three tries before he was elected as Partner! Heres the progression in table form : If you got our free MC Consulting Roadmap when you subscribed, then this might look familiar to youwe included MBB career paths in our section on American’s vs. Constraint job categories. (If you want the FREE Consulting Roadmap, subscribe now!) Of course, well be expanding on whats in the roadmap in these Firm Profile posts as we cover each of the firms in turn.

What are your prospects when you leave McKinsey? Infinite! With a McKinsey background, youre bound to be successful landing a traditional job as an analyst at traditional firmsin fact, youll be highly desirable. Youll leave the firm with an arthur millar amazing analytical toolset, an African American’s Making: Choice vs. Constraint Essay examples unparalleled perspective on arthur business, and access to a vast global network. Also, you can start your own business like Kevin Gao, our founder, or hundreds of other impressive McKinsey alums in different sectors.

We thought it would be fun to include a list of famous McKinsey alumto give you an idea of whats in store for you. Some of the most prominent include: Sheryl Sandberg, COO at conflict Facebook Jane Fraser, CEO of Citis Global Private Bank Jonathan Schwartz, former CEO of Sun Microsystems Kevin Sharer, CEO of Amgen Tom Leppert, President and COO of Kaplan Harvey Golub, former CEO of American Express and former Chairman of American International Group Louis V. Gerstner, Jr., former chairman and arthur CEO of IBM and chairman of The Carlyle Group James P. Gorman, President and write my essay free CEO of millar Morgan Stanley Stephen Green, Chairman of define conflict HSBC Bobby Jindal, current Governor of millar Louisiana James McNerney, Chairman and CEO of Boeing Helmut Panke, former Chairman and CEO of BMW AG Chelsea Clinton. Theres no doubt youll be surrounded by intelligent, interesting people at McKinsey. Read any blog, and youll see people rave about their incredibly smart colleagues and very smart people all around. As a young professional just out of school youll enjoy unparalleled exposure to business processes and my essay free resources, high-impact client projects, and diverse industries. Youll have the arthur millar opportunity to travel a LOT if you want to, and your social calendar will fill up quickly with happy hours, retreats, and the like. Medusa Head Story. Youll have access to millar, some of the best training and development opportunities in the consulting industry, as well as perks that will make your friends drool. Sounds amazing, right? Is there anything not fabulously great about McKinsey?

Depends. Like any top consulting firm, youre going to be working long hours, so that isnt really a differentiator. The projects youre assigned to catcher in the analysis, arent always the most interesting things out there, but again, you can run into that anywhere, and arthur millar most likely will at some point in your career no matter where you work. But what makes people choose Bain over McKinsey, for instance? Or BCG over McKinsey? Youll find that McKinsey consultants are very smart and business-like, but theyre not very collegial. Theyre known for engaging in long legacy client relationships (including some in-house strategy offices) and completing even longer final reports that are very academic, weigh a ton, and gather dust on CEO bookshelves. In general, McKinsey plays it safe they dont work for the same profile of private equity firms that Bain does, and arent known for medusa head story being as creative as BCG. Well put it this wayyoull never regret going to McKinsey, but as a consultant youll have more fun at Bain! One thing you can count on millar in any McKinsey consultant theyre trained to attack a problem in a certain way. Catcher. The firm is diligent about preserving a certain set of values and arthur code of Four behavior among consultants its like an underlying software program theyve all downloaded into their brains.

Its what defines the culture at McKinsey. Its also what consultants like former McKinsey Co. partner Betsy Ziegler-turned-Kellogg Dean of Students say they miss the millar most when they leave. McKinsey boasts that their consultants excel in 4 main areas. Weve listed them below, and included our take on what each means. Problem-solving You can break any problem into its component parts (read: structure-freaks), including and not limited to in the, everything from how to restructure Delta Airlines to which vacuum you should buy. On the arthur job, you rely on medusa head lots and lots of best practice work (the same report, but for a different company/industry) to get the job done.

Achieving If you compete, you win. If you run, you are elected. Millar. If you start a company, you succeed. Catcher In The. Youre polished, Type A and highly accomplished. Personal impact You make your mark. Youre a world changer the arthur millar next Bill Clinton, Bill Gates, or Oprah and rye characters you usually have a variety of interests that mean that you are uniquely you.

Leadership Put a McKinsey person in any room of people, and theyll become a de-facto leader within the hour. Leadership through ideas is millar, emphasized at McKinsey solve the problem to Political, lead the millar way but interpersonal finesse is also critical. All firms have their buzzwords. Internal Conflict. McKinseys are structure , credibility , and arthur millar credentials the McKinsey badge is a badge of honor, and McKinseys structured communication style is define internal, almost cult-ish. Long hours and early mornings are part of the package when you sign on with McKinsey, but there are also some really cool opportunities that youll have access to like pro arthur bono work, office transfers, dynamic externships, and amazing mentorships. Bain has the best creative options to keep folks engaged, but because of McKinseys staffing model, the world is at your fingertips so if you want to medusa, move to be with an SO (significant other), or make a life change, you have lots of options within the firm.

Speaking of staffing, McKinsey staffs globally, which means that youll work on project engagements with 5-6 member teams pulled from locations around the world. As such, sign up for your favorite frequent flyer programs and expect to travel 100% even if a client doesnt demand your presence on-site, youll need to arthur, fly to connect with your team. And yes, McKinsey people are fun and dynamic, but definitely not in a fraternal way the firm is more structured and formal than its counterparts. Its definitely a work hard, work hard culture with a little play thrown in. As mentioned before, if you join the firm as an undergrad, youll be expected to get your MBA after. 2 years. McKinsey is write, a big feeder into arthur millar HBS, one of the most prestigious MBA programs available.

If you stay with the company for write my essay free 2 years afterward, you could get your 2 years of higher education paid for arthur millar but you do have to work your butt off for 2 more years upon head, return. MCKINSEY COMPANY INTERVIEW TIPS RECRUITING. Who does McKinsey like to hire? They love new grads from the Ivies, of course, as well as Teach for America alum and Rhodes and arthur millar Fulbright scholars. Theyre also a strong recruiter of candidates with APDs (advanced professional degrees) JD, Ph.D., MD, etc. the top amongst the MBB firms. For those of you wondering how to break in, we have a few key suggestions. 1. Even if youre from Essay a target school, dont ignore the power of networking McKinsey still only takes the best of Harvards best, so just being from Harvard is not good enough. If youre not from a target school, you can still break in, but your chances are significantly higher if you have a sponsor the more senior, the better to flag your application and coach you through the millar office selection and case interview process. For everything you need to know, check out our Networking Bible. 2. Perfect your resume, cover letter, and internal essay. Or, you could make the mistake of thinking that good is good enough.

A McKinsey partner, in his sales pitch, is famous for arthur saying that most firms have pools of mediocrity surrounded by pockets of excellence. Political. But at arthur McKinsey, we just do excellence. If you havent prepared an my essay free absurdly excellent application, DO NOT waste your time applying. For more tips, check out our Resume/Cover Letter Editing service. 3. Get in the door early. For example, if youre a healthcare professional, apply to attend McKinseys Insight weekend a swanky, 2-day informational conference for hot target prospective consultants, held at millar a Ritz-Carlton near you. Interested candidates submit a rigorous application and Formulations Imperative have a chance to get up close and personal with the arthur millar McKinsey community.

And if youre a student, dont wait for head story info sessions to network connect with McKinsey folk 4-6 months before your target resume drop date (networking how-to). The selection process at arthur millar McKinsey is highly competitive, which is why networking and a 100% perfect resume, personalized cover letter and compelling leadership essay (where required) are really critical. Under 10% of conflict those who submit applications are invited to interviews. Compound that with the arthur millar low percentage of interview candidates who receive an offer, and medusa head you get an idea of what your chances are for landing a position with The Firm (yes, capital F). They allow employees to millar, endorse applicants, so making a good impression is really important. The McKinsey interview process is held in 3 phases:

MC Round 0 (McKinsey Round 1) PST and 1-2 group interviews and/or 1-case phone screen MC Round 1 (McKinsey Round 2) 1-2 1:1 case interviews with. 5 minutes of fit MC Round 2 (McKinsey Round 3) 2 1:1 case interviews with. 15 minutes of fit and 1 1:1 deep-dive fit interview. McKinsey differentiated their recruiting process when they introduced the McKinsey PST a 26-question numerical and business reasoning test that they give you a fast-paced hour to in the rye characters, crush. Millar. (By the way, BCG claims that McKinsey stole the idea from Formulations them but consultants always borrow best practices, so its tough to say what the arthur real story is.) They offer practice tests and even sometimes optional workshops prior to taking the PST. Define Conflict. We have more practice tests in our Case Bank, in case youre wondering. McKinsey also offers 1-2 group cases in the first round you should be more prepared for arthur them than they suggest, because even though they are non-evaluative, you can certainly make a bad impression. Why do you think they dont share your PST scores? Its imperative to prepare extensively for rounds 2 and 3 you should plan to do 30-60 practice cases and at least 5-10 with a professional or current consultant. Practice case studies from McKinseys website to give you an intro into Formulations the type of arthur work youll be expected to do. Especially as an Four Political Essay APD, and millar once youve passed the PST, most folks are given a McKinsey Buddy someone to help you through the process and even do a practice case with you. Hint: they wont directly weigh into your interview assessment, but you shouldnt bomb this practice it should be a final test to confirm youre prepared before your interview.

Historically, case interviews at the firm were more candidate led, but in on Three Formulations Imperative, recent years McKinsey offices are moving towards a standard interviewer-led system with firm-produced and vetted cases and a standardized 4-point scoring system. Arthur Millar. Interviewees that practice both styles of interviews (interviewer- and interviewee-led) are generally the most successful because even in interviewer-led cases, your assessor wants to see leadership and initiative. The final round of interviews at McKinsey usually includes a full formal fit interview (30-45 minutes) with a deep-dive into your personal experience. Lots of write free McKinsey candidates get tripped up here because they dont prepare as well for the fit interview as they do for the case interview see our Consulting Bible for arthur 52 questions you can use to prepare. McKinsey First Round and African American’s Essay McKinsey Final Round cases are similar but Final Round cases can be longer, more creative, and trend toward interviewee-led options. Some are completely open-ended (1 question, no background, go) and millar others are pressure-tests with the interviewer playing devils advocate to whatever you say. As with all of the top firms, teams of McKinsey interviewers may take on good-cop, bad-cop role plays to free, test you in arthur millar, different situations. Are you an undergrad, MBA or intern whos interested in define internal conflict, working at McKinsey, but you dont know how much youll make? Check out our latest Management Consulting Salaries post to find out! McKinsey does most of its U.S. recruiting out of top schools.

Chicago Booth Harvard Michigan Ross MIT Sloan Northwestern Kellogg Stanford GSB UC Berkeleys Haas UVA Darden Wharton (Penn) Yale SOM. If youre not sure whether or not youre at a McKinsey target school (or if youre curious about international target schools), check their website here. McKinsey offers informational sessions at many of these schools key opportunities for networking (see our post on arthur networking at my essay info sessions ) but dont put all your eggs in that basket. Millar. If you go (and wed recommend that you do), go prepared, armed with some great questions to ask (not lame ones, but personal questions about someones experience). Catcher Rye Characters. Consultants hate info sessions, so make your questions engaging and youll be memorable. In addition, Diversity Groups are a great way to engage with McKinsey consultants. Millar. Here are a few: Great by catcher rye characters, Choice. How the millar Mighty Fall. Have more dirt on my essay free McKinsey?

Add it below, and millar well incorporate it into story the post. Are there more topics youre interested in hearing about in our firm profiles? Have some insider perspective that youd like to share? Add a comment below or email us! What other firms will you be covering? Can you provide a list? Disagree on the Germany point McK and arthur millar BCG are pretty even there. Otherwise, pretty spot on. One mistake: McK doesnt recruit at UChicago undergrad, but they do at Northwestern undergrad (not listed). Duke Fuqua is definitely on their list as well, post-graduate. Hi Jenny!

While we heard of American’s Decision Making: vs. Constraint all these *challenges* *branding* *top Universities* *Top Business School* to break into MBB. But sometime I came across LinkedIn profiles of Working for McKinsey London right after graduate school, MA Drama Literature, University of arthur Never-heard-of, Poland. And all the educations, backgrounds that make me scraching my head, maybe some job from MBB just sometime drop from heaven for the sake of African American’s Decision Making: vs. Constraint *diversity*, its really like the movie The Internship that Google actually bother to millar, interview someone who graduated from conflict University of arthur millar Phoenix. Fairy tale does happen, then what about the head money spent on arthur top business school ouch. McK recruits heavily at UT Austin for undergrad positions.

At the MBA level, Yale School of Management is a core school for McKinsey. They recruit heavily there and it is the largest employer of the catcher in the rye characters graduating MBA class.

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40 Useful Words and Phrases for Top-Notch Essays. The secret to a successful essay doesnt just lie in the clever things you talk about and the way you structure your points. To be truly brilliant, an essay needs to utilise the right language. Arthur! You could make a great point, but if its not intelligently articulated, you almost neednt have bothered. Developing the language skills to build an Essay on Three Formulations of the Imperative, argument and to write persuasively is crucial if youre to arthur, write outstanding essays every time. In this article, were going to equip you with the words and phrases you need to my essay, write a top-notch essay, along with examples of arthur millar, how to utilise them. Its by medusa head story no means an arthur, exhaustive list, and there will often be other ways of using the Essay Formulations words and phrases we describe that we wont have room to millar, include, but there should be more than enough below to Decision Making: Choice examples, help you make an arthur millar, instant improvement to African American’s Decision Making: Choice vs. Constraint Essay, your essay-writing skills whether youre a native English speaker or taking your first steps into writing essays in arthur millar, English. Lets start by looking at language for head story, general explanations of complex points. Usage : In order to can be used to introduce an explanation for the purpose of an argument. Example : In order to understand X, we need first to understand Y. Usage : Use in other words when you want to express something in a different way (more simply), to arthur millar, make it easier to understand, or to emphasise or expand on a point.

Example : Frogs are amphibians. Write My Essay! In other words, they live on the land and in the water. Usage : This phrase is another way of millar, saying in other words, and can be used in particularly complex points, when you feel that an alternative way of in the, wording a problem may help the reader achieve a better understanding of its significance. Example : Plants rely on photosynthesis. To put it another way, they will die without the sun. Usage : That is and that is to say can be used to add further detail to your explanation, or to be more precise. Example : Whales are mammals. That is to say, they must breathe air.

Usage : Use to that end or to this end in a similar way to arthur, in order to or so. Example : Zoologists have long sought to understand how animals communicate with each other. To that end, a new study has been launched that looks at elephant sounds and their possible meanings. Adding additional information to support a point. Students often make the conflict mistake of arthur, using synonyms of and each time they want to add further information in support of a point theyre making, or to build an argument. Here are some cleverer ways of define, doing this.

Usage : Employ moreover at arthur the start of of the Categorical, a sentence to add extra information in support of a point youre making. Example : Moreover, the arthur results of a recent piece of research provide compelling evidence in support of Usage :This is African Decision Choice vs. Constraint examples also generally used at the start of a sentence, to add extra information. Example : Furthermore, there is evidence to suggest that Usage : This is used in arthur, the same way as moreover and furthermore. Example : Whats more, this isnt the only evidence that supports this hypothesis. Usage : Use likewise when you want to talk about something that agrees with what youve just mentioned. Example : Scholar A believes X. Likewise, Scholar B argues compellingly in medusa head story, favour of this point of view. Usage : Use similarly in the same way as likewise.

Example : Audiences at the time reacted with shock to Beethovens new work, because it was very different to arthur, what they were used to. Similarly, we have a tendency to react with surprise to the unfamiliar. Usage : Use the phrase another key point to remember or another key fact to remember to introduce additional facts without using the word also. Example : As a Romantic, Blake was a proponent of a closer relationship between humans and nature. Another key point to remember is African Making: Choice Essay examples that Blake was writing during the Industrial Revolution, which had a major impact on the world around him. Usage : Use as well as instead of arthur millar, also or and. Example : Scholar A argued that this was due to X, as well as Y. Usage : This wording is used to add an extra piece of head, information, often something thats in some way more surprising or unexpected than the first piece of information. Example : Not only did Edmund Hillary have the honour of being the first to arthur millar, reach the catcher in the summit of millar, Everest, but he was also appointed Knight Commander of the Order of the British Empire.

Usage : Used when considering two or more arguments at on Three Formulations a time. Example : Coupled with the literary evidence, the statistics paint a compelling view of Usage : This can be used to structure an argument, presenting facts clearly one after the other. Example : There are many points in support of this view. Firstly, X. Millar! Secondly, Y. And thirdly, Z. 16. Not to mention/to say nothing of. Usage : Not to Essay Formulations Imperative, mention and millar, to say nothing of can be used to head story, add extra information with a bit of emphasis. Example : The war caused unprecedented suffering to millions of arthur millar, people, not to mention its impact on the countrys economy. Words and phrases for African Decision Essay, demonstrating contrast.

When youre developing an argument, you will often need to millar, present contrasting or opposing opinions or evidence it could show this, but it could also show this, or X says this, but Y disagrees. This section covers words you can use instead of the but in these examples, to make your writing sound more intelligent and interesting. Usage : Use however to Essay on Three, introduce a point that disagrees with what youve just said. Example : Scholar A thinks this. However, Scholar B reached a different conclusion.

Usage : Usage of this phrase includes introducing a contrasting interpretation of the arthur millar same piece of evidence, a different piece of evidence that suggests something else, or an catcher analysis, opposing opinion. Example: The historical evidence appears to suggest a clear-cut situation. On the arthur other hand, the archaeological evidence presents a somewhat less straightforward picture of what happened that day. Usage : Used in a similar manner to on the head story other hand or but. Example : The historians are unanimous in telling us X, an agreement that suggests that this version of arthur millar, events must be an catcher in the rye characters analysis, accurate account. Having said that, the archaeology tells a different story. Usage : Use by contrast or in comparison when youre comparing and contrasting pieces of evidence. Example : Scholar As opinion, then, is based on arthur millar, insufficient evidence. Choice! By contrast, Scholar Bs opinion seems more plausible. Usage : Use this to arthur, cast doubt on write my essay free, an assertion. Example : Writer A asserts that this was the millar reason for free, what happened.

Then again, its possible that he was being paid to say this. Usage : This is used in the same way as then again. Example : The evidence ostensibly appears to point to this conclusion. That said, much of the arthur millar evidence is unreliable at best. Usage : Use this when you want to introduce a contrasting idea.

Example : Much of my essay, scholarship has focused on this evidence. Arthur Millar! Yet not everyone agrees that this is the most important aspect of the of the situation. Adding a proviso or acknowledging reservations. Sometimes, you may need to acknowledge a shortfalling in a piece of evidence, or add a proviso. Here are some ways of doing so. Usage : Use despite this or in spite of millar, this when you want to my essay, outline a point that stands regardless of a shortfalling in the evidence. Example : The sample size was small, but the results were important despite this. Usage : Use this when you want your reader to millar, consider a point in the knowledge of something else. Example : Weve seen that the methods used in the 19th century study did not always live up to the rigorous standards expected in scientific research today, which makes it difficult to draw definite conclusions. With this in mind, lets look at a more recent study to see how the head story results compare.

Usage : This means on condition that. Millar! You can also say providing that or just providing to mean the same thing. Example : We may use this as evidence to support our argument, provided that we bear in Four Political Essay, mind the limitations of the methods used to arthur, obtain it. Usage : These phrases are used when something has shed light on something else. Example : In light of the in the rye characters analysis evidence from the arthur millar 2013 study, we have a better understanding of Usage : This is similar to African American’s Choice vs. Constraint Essay examples, despite this. Example : The study had its limitations, but it was nonetheless groundbreaking for its day. Usage : This is the same as nonetheless.

Example : The study was flawed, but it was important nevertheless. Usage : This is another way of arthur, saying nonetheless. Example : Notwithstanding the limitations of the methodology used, it was an important study in the development of how we view the workings of the Essay Categorical human mind. Good essays always back up points with examples, but its going to get boring if you use the arthur millar expression for example every time. On Three Formulations Of The! Here are a couple of other ways of saying the same thing. Example : Some birds migrate to avoid harsher winter climates. Arthur Millar! Swallows, for instance, leave the define internal conflict UK in early winter and fly south Example : To give an illustration of what I mean, lets look at the case of When you want to demonstrate that a point is particularly important, there are several ways of highlighting it as such.

Usage : Used to introduce a point that is loaded with meaning that might not be immediately apparent. Example : Significantly, Tacitus omits to tell us the kind of gossip prevalent in Suetonius accounts of the same period. Usage : This can be used to arthur millar, mean significantly (as above), and it can also be used interchangeably with in particular (the example below demonstrates the first of these ways of Essay Formulations of the Categorical, using it). Example : Actual figures are notably absent from arthur Scholar As analysis. Usage : Use importantly interchangeably with significantly. Example : Importantly, Scholar A was being employed by X when he wrote this work, and was presumably therefore under pressure to portray the situation more favourably than he perhaps might otherwise have done. Youve almost made it to the end of the free essay, but your work isnt over yet. You need to millar, end by free wrapping up everything youve talked about, showing that youve considered the arguments on arthur millar, both sides and Formulations of the Imperative, reached the most likely conclusion. Here are some words and phrases to help you. Usage : Typically used to introduce the concluding paragraph or sentence of an essay, summarising what youve discussed in a broad overview. Example : In conclusion, the evidence points almost exclusively to Argument A.

Usage : Used to signify what you believe to be the most significant point, and the main takeaway from the essay. Example : Above all, it seems pertinent to millar, remember that Usage : This is a useful word to Four Political Theories, use when summarising which argument you find most convincing. Example : Scholar As point that Constanze Mozart was motivated by financial gain seems to me to be the most persuasive argument for her actions following Mozarts death. Usage : Use in the same way as persuasive above. Example : The most compelling argument is presented by Scholar A. Usage : This means taking everything into arthur account. Example : All things considered, it seems reasonable to assume that How many of these words and define, phrases will you get into your next essay?

And are any of your favourite essay terms missing from our list? Let us know in millar, the comments below! 221 Responses to Four Political Theories Essay, 40 Useful Words and arthur millar, Phrases for write free, Top-Notch Essays January 09, 2015 at 8:47 am, Jimmy Tan said: January 23, 2016 at 1:13 am, AN INDIAN said: It is arthur millar very useful for junior as well as to senior.It is Four Political Essay awesome thanks for this. November 29, 2016 at arthur millar 9:46 am, Mofasa said: March 10, 2017 at 3:30 pm, Vaibhavi said: May 04, 2017 at 3:54 pm, felix said: September 17, 2017 at in the 8:02 am, arjun said:

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I need more information about millar blacks writing .also,his romantic way in nature . Please could you help me ? May 26, 2015 at 2:39 pm, Mike said: These are reach-me-downs and the ideas you express are poorly connected. For example, As a Romantic, Blake was a proponent of write my essay free, a closer relationship between humans and nature. Another key point to remember is that Blake was writing during the Industrial Revolution, which had a major impact on the world around him. You link these facts incorrectly they are not a series of points that are additive. They are causally related, i.e. one is arthur millar a consequence of the other. I believe this is Making: Choice vs. Constraint Essay examples better, both logically and arthur, stylistically: Romantic writers, including Blake, decried the Essay of the Imperative negative impact of the Industrial Revolution on, amongst other things, societys connectedness with the arthur natural world. Consequently he foregrounded the importance of improving the relationship between humankind and nature. You also lace your examples with contractions and these have no place in academic writing. September 19, 2016 at 11:18 am, Helena said: March 23, 2017 at 5:33 pm, Dr. Jim Loving said:

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I think it would also be helpful to include a list of millar, words to write, help express the millar thoughts of the internal writers being referenced in arthur millar, the essay, for example, Jacob states that teachers need to consider the learning abilities of all students or Williams asserts that reading English texts more often can increase the writing skills of ESL learners. It sometimes becomes boring to keep saying, so-and-so states that October 12, 2015 at 9:07 am, faiz said: This was useful for me. October 14, 2015 at Essay 3:09 am, Lilow W. Arthur Millar! said: This article was wonderful. Furthermore, I dont think my world history grade, as well as my grades in language arts and my essay, science, would have been half of what they are now without it. All things considered, this was an amazing article and I recommend it to anyone looking to give their essay an elegant twist. October 15, 2015 at 3:41 pm, Ayushi said:

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This is a categorical list of African American’s vs. Constraint Essay examples, English donts that will undoubtedly be highlight with a sigh, and a comment something along the lines of arthur, Please, no more paraphrased of course. Some of these are inescapable and are useful tools, but please use in moderation. If you truly wish to improve your writing, consider the write my essay free use of language in arthur, literature you may study as part of on Three of the Categorical Imperative, your academic endeavours be it english or technical based. What makes a writing style worthy of note, and what makes it tedious and monotonous? The use of structure, engaging writing styles, and even metaphors can be true keys to essay success. December 07, 2015 at millar 8:24 am, Jeff B. said: Tom, I must agree. In my English class such cliches as listed here would be highlighted and returned to the student with an admonition to please use your own words, or something to that effect. As I like to joke, Cliches should be avoided like the plague.

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Above all #128521; Thanks . December 21, 2016 at 8:16 pm, Hope said: youre the one whos kidding not the one who provided us with them. English does not need complex words ;it needs a simple style of writing especially for non native . And please if you see them a joke provide us with whats beneficial. Millar! Above all #128521; Thanks . October 26, 2016 at 4:52 am, Carol said: These cliche phrase will NOT help you write a top-notch essay. Do NOT use these. October 26, 2016 at 11:52 pm, KittyKat300 said: Awesome tips I got a great grade!

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Thank you very much. August 19, 2017 at 2:02 am, gkmurthy said: they are there. but we wont use them frequently. thats the internal problem. August 31, 2017 at 1:21 pm, Laura Croft said: Not to mention that my favourite words to arthur, use in academic writing are thus and hence! #128512; September 04, 2017 at catcher in the 1:02 pm, true said: Im not ?ertain where you are getting our infomation, however good topic. I needs to spend some tme finding out arthur more. or figuring out medusa story more.

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Be sure to include specific examples to illustrate and millar support your points. English 1101 can be a difficult class for any college freshman. What things did your instructor do that were particularly helpful to you, considering your weaknesses, abilities and learning style? Likewise, discuss the least helpful (for you personally). Instead of conflict, talking about students in general or about other students in millar your class, use first person to discuss your experience. Be sure to include specific examples to illustrate and Essay of the support your points. Are sports overemphasized in American high schools? Be sure to include specific examples to illustrate and support your points.

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Why or why not? Provide at least three reasons for your answer. Be sure to include specific examples to illustrate and support your points. Annoying telemarketers call each of us all the time, salespeople badger us as we walk through a store or through the mall, and in any downtown area, people on the street ask for money. Describe the catcher in the rye characters analysis mannerly behavior we should expect from these people who plead for our money and for our attention, and, likewise, discuss the modes of behavior we owe to them in return. Be sure to include specific examples to illustrate and support your points.

Fighting and arthur other forms of violent retaliation are ongoing problems in many sports, both at the professional and amateur levels. Do these actions make the sport more or less attractive to fans? Can one appreciate the Essay of the Categorical Imperative skill and athleticism of the competition, the chaotic displays of violence, or both? Are the displays of violence considered a tradition embedded within the sport itself? What does our appreciation or tolerance for violence in sport say about our larger culture? Be sure to include specific examples to illustrate and support your points.

Trace the millar development of your favorite genre of American’s Choice vs. Constraint examples, music over the past twenty years. What has made it continue to grow, and why is does it resonate? Be descriptive, and provide enough specific examples of artists and songs to provide as complete a picture as possible. In recent years television has begun to lose viewers to other forms of entertainment media, including online sources and video games. Arthur Millar! Why is this? What is perhaps lacking in television programming that people are getting elsewhere? Are there ways the programmers at rye characters the TV networks might be able to keep the viewers they have and to arthur, win others back?

Be sure to include specific examples to illustrate and support your points. According to the Gainesville State College Mission Statement, the college should further the well-being of its students through intellectual, social, and physical development. In an essay, explain how the African Decision Making: Essay college either is or is not meeting these three goals. Be sure to include specific examples to illustrate and support your points. If you have worked while attending college, argue for OR against keeping a full- or part-time job while being in school. Give specific examples from your work/school experience to illustrate and arthur millar support your points. Did the in the analysis novel or non-fiction you were assigned to read in English 1101 this semester provoke you to millar, think differently or more deeply about rye characters, things than you had before?

Write an essay about how the novel has affected you personally. Arthur Millar! Be specific as you organize your points; don't repeat yourself in your body paragraphs. Be sure to African Decision Choice Essay, support your observations and conclusions with specific references to and quotations from the work. Have you forgotten how to spell and capitalize because you send too many text-messages? Has technology ruined your writing and/or computing skills? How?

Examine three or four different ways youve allowed electronics to turn your brain to mush. Be sure to include specific examples to arthur, illustrate and support your points. Cell phone use has become pervasive (and some would say obtrusive) in our society in restaurants, movies, theatres, church, classrooms, etc. Political Theories Essay! Explore reasons why this situation has occurred and arthur whether or not you consider yourself a member of the cell phone society. Be sure to include specific examples to American’s Decision vs. Constraint Essay, illustrate and support your points. Our country allows eighteen-year-olds a great deal of responsibilities, such as being able to vote, marry, and raise children, but in most cases, forbids them from drinking alcohol. Which responsibilities do you think eighteen-year-olds are ready to millar, face, and which ones do you think that they should wait a few years before attempting? Refer to specific examples from your own personal experience and the real world to illustrate and support your points. The Earths environmental quality has been steadily declining for American’s Decision vs. Constraint examples years. If the world continues on the same detrimental ecological course, the millar globe will continue to head toward total destruction.

Discuss the causes and/or effects of the planets progressively worsening environment, including what you think you could do as an individual to help alleviate our planets environmental problems. Be sure to analysis, include specific examples to illustrate and support your points. Given that most Americans have plenty of food, and that hunters have what many consider an unfair advantage with high-powered scopes and rifles, some argue that hunting is barbaric and unnecessary. Do you agree or disagree? Argue for or against the sport of hunting. Arthur! Be sure to provide specific support for your points.

Most college freshmen fear the of the Categorical Imperative introductory English composition course. Now that you are almost finished with English 1101, what do you think about your earlier fears or expectations? Was the course easier, more difficult, or simply different from what you imagined back in August? What did you learn about arthur, yourself in the process? Be sure to include specific examples to illustrate and support your points. What is the difference between good stress and bad stress? Explain using specific stories, descriptive details, and/or concrete examples to my essay free, illustrate your points. Over the course of this semester, you have (hopefully) encountered some essays that have caught your interest and roused your curiosity, while others may have seemed a bit more flat, more distant, less interesting. Based on your experiences as readers this semester, describe the essential characteristics of a good essay.

What qualities do you think make an essay more exciting or more enjoyable to read? What qualities make it easy to relate to? Be sure to include specific examples to illustrate and arthur support your points. Many GSC students adapt to Essay on Three Formulations, college life without any problems, but some experience difficulties. What are some of the reasons that a student might find the transition from high school to college a difficult one?

Be sure to include specific examples to arthur millar, illustrate and support your points. Very few people are completely satisfied with their appearance, lifestyle, family, career choice, etc. If you could change two or three aspects about yourself, what would they be and why? What do you think would be the results of those changes? Include specific examples to support your points. Based on your personal experience this term, discuss the advantages and disadvantages of taking English 1101 in four weeks rather than the Four traditional sixteen week semester. Include specific examples to support your points.

As children, we enjoyed summers filled with fun, without obligations or responsibilities. Arthur Millar! As adults, we must balance many things such as work, school, and family. Write an essay which compares or contrasts your childhood summers with your summer today. Include specific examples to American’s vs. Constraint Essay examples, support your points. The recent primary election made it clear that, whatever the candidates said originally, virtually all those running resorted to negative campaign ads and commercials. Many of the television ads depicted the candidates opponents as incompetent, corrupt, and arthur even physically unattractive. Write an essay in which you discuss the effects these ads have on the voting public. Include specific examples to support your points. It is medusa, often said that most college students will change their majors at least twice before they graduate.

Based on your own experiences and observations, write an arthur essay in which you examine why some students have a difficult time finding a major that satisfies them. Include specific examples to support your points. Many students, male female alike, watch soap operas like General Hospital or Days of on Three, Our Lives. If you are one of these students, think about some of the couples you've observed in millar your favorite soap opera, their trials tribulations, their undying love -- until the amnesia sets in. Select one soap opera couple with whom you are quite familiar, and then write an my essay free essay in millar which you thoroughly compare and/or contrast that couple with one of your own relationships, past or present. Be sure to include specific examples to Theories Essay, illustrate and support your points. In the last presidential election in 2000, less than half the eligible voters in this country went to the polls. Give two or three examples of arthur, reasons why so many Americans seem to my essay, be apathetic or even cynical about politics. Do you agree or disagree with their attitudes? Be sure to include specific examples to arthur, illustrate and support your points.

Today we have so many restaurants to internal conflict, choose from millar when we want to go out to eat. Write an essay in which you compare and contrast your choice of restaurants and explain why one ranks higher than the American’s Decision Making: Essay other. Be sure to arthur millar, include specific examples to my essay, illustrate and support your points. In the summer, the heat can be unbearable in the south. Arthur Millar! What are some ways to beat the heat? Imagine you are giving advice to people who have just moved to the region. Be sure to include specific examples to illustrate and support your points.

We are all haunted by procrastination. Essay Imperative! Very few people can consistently follow the old maxim, Don't put off until tomorrow what you can do today. But in arthur all kinds of work, including academic pursuits, the tendency to procrastinate can be managed so that it doesnt completely destroy the order of ones life or the ability to achieve much. Write an essay in which you discuss your ability to manage procrastination in your academic work, giving specific examples of cases in which you have either succeeded or failed in controlling the Essay of the Categorical Imperative impulse to put off doing what you know you need to do. The mass media, television in particular, exerts a powerful influence over us even (in fact, especially) when we are not aware of arthur millar, it. Many of our ideas about society and our place in it come from television rather than lived experience and rye characters direct observation. Using a cause/effect pattern, describe the way a particular news or television program has influenced your view of yourself, the world around you, or both. Millar! Be sure to catcher, include specific examples to millar, illustrate and support your points. Various metaphors have been used to describe the United States and its multicultural makeup; among them are the terms melting pot, mosaic, tapestry, and salad bowl. Keeping in African American’s Decision Making: Choice examples mind that the original motto of the United States was E Pluribus Unum (one from millar many), which, if any, of medusa story, these metaphors do you think best describes contemporary America?

If you think none of them applies, create your own. Either way, support your choice. Be sure to millar, use specific examples to illustrate your points. Regardless of political affiliation, more and on Three Categorical Imperative more Americans are becoming unhappy over arthur millar, the United States' involvement in Iraq. Explain why the initial support for the war has eroded, being sure to give specific examples of medusa, causes. Arthur! Be sure to in the rye characters analysis, use specific examples to illustrate your points. Argue for or against the study of the proper use of grammar, capitalization, punctuation, etc. in colleges and universities. Have we, in this age of instant messaging, outgrown the need to follow the rules for correct usage of our language? Or does the advent of instant written communication make correct usage more important?

Be sure to support your argument clearly and adequately. Be sure to use specific examples to illustrate your points. And do not forget to use grammar, capitalization, punctuation, etc. correctly! Gainesville College recently expanded so that it now operates two campuses, one in Oakwood and one in arthur Oconee. Consider the advantages and disadvantages of define, a commuter college like ours attempting to arthur millar, operate two such distant campuses, and African Decision then decide whether this expansion will likely be a positive or a negative occurrence for millar the College's future.

Be sure to use specific examples to medusa story, illustrate your points.