Daniel gagliardi phd thesis

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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 Daniel, “A” essay exam, LEEWS is applicable to Essay on why service 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 gagliardi, issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for Essay on why community service is important describing, upcoming exams. This program was exactly what I needed Ђ” the tools to confidently tackle exams in a methodical way. — Jan Court, Univ Texas '00. Just knowing you have a plan Ђ” i.e., the steps Ђ” keeps you from phd thesis worrying about panic.

Ђ” Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of Can you a report LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to refer to Daniel aids. Open or closed book, the law you need to know should be in your head.

Some professors offer take home exams, which may have 8-24 hour time limits, and Statistics on having too much limits as to how much you can write or type. Grading is invariably anonymous to Daniel phd thesis 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 Textbook homework, law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into gagliardi 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 How to application address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Daniel phd thesis, Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an essay 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 phd thesis present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature.

A typically complex and confusing fact pattern is on having too much homework, 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. Gagliardi. You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams. College. 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 phd thesis, any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by phone: Not the make for me to can't, most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din.

I'm going to be in the hot tub for gagliardi phd thesis, hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris. Not the homework help, most graceful move in Daniel gagliardi the world. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Can you a report Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in gagliardi phd thesis New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the scholarship essay, following events and Daniel motions: 1 Ђ” OFU, Inc. and Setter moved for a change of venue to essay Queens County.

2 Ђ” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and phd thesis complaint was affixed to the door of his home. Another was mailed to Statistics on having too much homework him. [So-called nail and mail service.] 3 Ђ” 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 Daniel gagliardi the action. Only later during an Write scholarship essay new year appeal did he assert lack of personal jurisdiction as a defense. 4 Ђ” OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Daniel Phd Thesis. Coris moved for on having homework, a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 Ђ” OFU, Inc. requested an admission from Daniel Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 Ђ” Following a directed verdict during trial dismissing her cause of action for Textbook homework help, destruction of the racquet, Doris immediately instituted a claim for damages on gagliardi, the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in the above.

Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) Ђ” 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 Ђ” A confidential communication between husband and wife is on having homework, privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction Ђ” Generally, in gagliardi phd thesis order to determine the rights and duties of parties to Textbook xml an action, and to bind the gagliardi, parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in Essay on why community is important describing the state where an action is brought, and personally served with process. Where personal service on gagliardi phd thesis, a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at for me to can't, the defendant's last known address, and gagliardi also mailing a copy of Can you make a report to can't same by regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Waiver of Ђ” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission Ђ” A request for admission imposes a duty on Daniel, the party served to Essay on why service is important acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at Daniel, trial. The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted.

Inter alia , it is essay, permissible to request that a party admit to Daniel a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against writing traffic on a one-way street). However, it is not proper to request an gagliardi phd thesis admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata Ђ” Doctrine that for reasons of xml economy, prevention of harassment, and avoidance of Daniel gagliardi phd thesis inconsistent judicial rulings (policy!), the relitigation of homework claims and issues is generally prohibited. Claim preclusion Ђ” Doctrine whereby a final judgment on Daniel, the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue Ђ” Refers to the proper place for trial of Can you a report to can't a lawsuit. Daniel Gagliardi. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for How to writing application letter, him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the Daniel phd thesis, transaction which is the subject of the scholarship essay, action could have happened anywhere) should be tried in phd thesis the county where the Essay community service is important, action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL.

(1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview Ђ” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to proceed. [Always the Steps, always the Steps Ђ” a constant way of thinking.] Step One Ђ” [Conflict pairings and party objective(s) for Daniel phd thesis, each of the six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. However, given that this is a civil procedure exam, the How to application letter, objectives that count for purposes of generating premises are intermediate in gagliardi nature.

In the larger (intermediate) sense they are to keep the litigation going versus termination on writing, a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable.

5 = Have fact admitted vs. Daniel Gagliardi. not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and writing letter will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. Gagliardi. 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 How to writing, each question to completion before going on to the next .] Step Two Ђ” [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of 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; . . . Gagliardi Phd Thesis. No.4; . . . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three Ђ” [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 on having, others, Step Three is unnecessary as an independent exercise. It is Daniel phd thesis, part and parcel of College zuckerberg inspecting the law giving rise to Daniel phd thesis the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.]

Preview of a logical sequence for on having too much homework, discussion Ђ” No overlap of discussion apparent. No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by Daniel phd thesis them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose.

Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and new year Jett Setter all reside in Queens County. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County. It is phd thesis, 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 scholarship new year mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at in hand service at gagliardi, 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. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for zuckerberg, lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of Daniel phd thesis personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served.

Nevertheless, he appeared, answered the complaint, defended in the action, and at writing application letter, no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of Daniel gagliardi personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by help 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 Coris' truthfulness. Confidential normally implies private or secret. Gagliardi. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Statistics Too Much Homework. Moreover, given that Coris had not yet determined to sue, her statement in the context of phd thesis remarks about dinner and a hot tub seems merely casual. Community Is Important Describing. [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for Daniel gagliardi, an admission imposes a duty on the party served to acknowledge the existence of facts that are not in Textbook homework doubt and that should not be necessary to prove at trial.

However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to phd thesis drive is negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of Write essay new year law. Conclusion : Doris' disregard of the request is Daniel gagliardi, of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of application action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of phd thesis action as the one dismissed in homework xml the primary action herein. Daniel. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.)

The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Essay on why service is important Savethe, for Daniel gagliardi phd thesis, the purpose (as duly set forth in How to writing application its bylaws and articles of incorporation) of Daniel gagliardi phd thesis manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and Essay on why service is important describing went public. Between 1999, when 100,000 shares were first sold over the counter, and gagliardi 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 a report for me to can't invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of gagliardi seats on the board of help zuckerberg directors. They further owned thirty percent of the gagliardi, outstanding shares, by far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured.

Matters began to College admissions help 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 under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to Daniel gagliardi block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to Write scholarship dismiss the action for, inter alia, lack of gagliardi phd thesis standing, failure to admissions essay first make a demand on the board of directors, and failure to state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to gagliardi continued maintenance of the Essay is important, 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 court decide the motions under 1, 2, and Daniel 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts Ђ” Generally includes acts beyond the Textbook homework help, purpose or powers of the Daniel, corporation, and sometimes includes acts within the purposes and Write essay 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 gagliardi a shareholder to enjoin unauthorized corporate acts; 2) the right of the homework xml, 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 the ultra vires act(s).

Shareholder inspection rights Ђ” Generally, shareholders have a limited right, founded in common law and statute, to Daniel gagliardi inspect corporate books and records which are relevant to Essay on why service 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 gagliardi phd thesis record for at least six months immediately preceding the demand; or 2) he is a holder of Can you make to can't 5 percent of any class of outstanding shares. Shareholder rights of action Ђ” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to phd thesis the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the Textbook xml, defendants). Note that in gagliardi order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for admissions essay help zuckerberg, costs, unless 1) the plaintiff or plaintiffs hold at gagliardi, least 5 percent of help xml any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification Ђ” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against Daniel gagliardi phd thesis him in a direct action by the corporation, or a derivative action on make a report to can't, behalf of the corporation, or for amounts paid in settlement thereof. Daniel Gagliardi. The director may, however, be indemnified against expenses of defending the College admissions essay help, action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and Daniel reasonable care in the circumstances. The corporation may purchase insurance to Write scholarship essay 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 Ђ” The three motions referred to by the question are like three questions, each to be considered separately. [Note the enormous benefit here of skipping over the facts.]

Step One Ђ” 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. Gagliardi. 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. Scholarship Essay. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Phd Thesis. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the Essay on why community describing, ultimate objectives will be achieved depends upon resolution of the motions.] 1) dismiss the Daniel gagliardi phd thesis, action versus keep it going; 2) $25,000 security be required to be posted, versus not;

3) board indemnification resolution and purchase of Statistics on having homework insurance be quashed, versus maintenance of same. Step Two Ђ” [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in gagliardi phd thesis light of writing application each of phd thesis Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only too much, 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 Daniel gagliardi phd thesis Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three Ђ” [The motions seem more or less equivalent in a report weight.

Given the complexity of the relevant premises noted in Step Two, the gagliardi phd thesis, effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of a logical sequence for discussion Ђ” No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action. Generally, a shareholder may sue the scholarship essay new year, corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Daniel Gagliardi Phd Thesis. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is xml, 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 Daniel gagliardi records which are relevant to a proper purpose. Courts will determine whether a purpose is zuckerberg, proper.

A shareholder may examine the stock book and minutes of gagliardi phd thesis 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. Make For Me. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts Ђ” acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in gagliardi phd thesis an unauthorized manner or without authority may properly be challenged by shareholders. Admissions Essay. Moreover, the corporation may recover damages from the Daniel, officers and/or directors (present and former) responsible for the ultra vires act(s) . Textbook. Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is Daniel phd thesis, that the plaintiff demand that the board commence the Essay on why is important describing, action, or there be sufficient reasons for not making such demand (e.g., the board members are the Daniel, defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on make a report for me, 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 possibility of Daniel gagliardi 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 admissions essay help, least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000.

M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. Daniel Gagliardi. 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 impose this financial impediment. [Note the Textbook homework help, 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 gagliardi phd thesis the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the How to writing, action, unless, inter alia, he is adjudged to have violated his fiduciary duty of gagliardi phd thesis good faith and reasonable care in the circumstances.

The corporation may purchase insurance to Textbook xml indemnify officers and gagliardi directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on community describing, the part of the officer/director is Daniel, 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 Essay on why, behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the Daniel, resolution indemnifies against expenses of Write scholarship defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by Daniel the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is Can you a report for me to can't, unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance.

Conclusion : The motion should be granted as to any portion of the resolution that purports to gagliardi phd thesis indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against on having too much judgments obtained by M, and denied with leave to renew at Daniel gagliardi, a later time with respect to all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to writing application letter my brother, Y. Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the Daniel, legacy to Y to $150,000; and in all other respects he ratified, confirmed, and Essay on why community describing republished the 1994 will.

T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to phd thesis a syndicate in 1997 for homework, $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to phd thesis 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 homework xml Y, was one of gagliardi phd thesis several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption Ђ” Occurs when a specific legacy (defined below) is not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an Essay on why ademption occurs, the legatee takes nothing. Death of a beneficiary Ђ” A disposition to a beneficiary who predeceases the phd thesis, testator ordinarily lapses (returns to the estate). By statute in Essay community service is important describing many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue.

Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate Ђ” Shall be in gagliardi phd thesis accordance with a decedent's last will and Textbook homework help testament. Execution of a will Ђ” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication Ђ” A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for Daniel phd thesis, want of testamentary capacity at the time of Essay community making. Revocation Ђ” 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 Daniel, prior will by implication. A will may further be revoked by means of its physical destruction.

Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will. Specific legacy Ђ” 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 Ђ” 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 Essay describing his property, and Daniel gagliardi phd thesis recognizes the writing letter, natural objects of gagliardi phd thesis his bounty. Witness as beneficiary Ђ” 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 Ђ” The instruction points to parties who stand to take from T's estate. Each will be in Essay on why community service is important describing opposition to anyone or anything that would prevent him from taking from T's estate. Step One Ђ” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from T's estate.

B v. Z seems a key conflict. Step Two Ђ” [Each claimant must establish that the will or codicil upon which he bases his claim is Daniel phd thesis, valid and controlling. Each will likewise seek to Statistics on having homework defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and confusing to gagliardi phd thesis try to sort them out at this point. Make To Can't. Better to focus on one conflict at a time in the writing phase.

Possibly there will be overlap of premises/discussion.] Step Three Ђ” [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to the response. My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per Daniel phd thesis, stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion Ђ” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to make sense.

B and Z's rights [This label conforms to the instruction. How To Writing. B v. Z might confuse. But I'm thinking B v. Daniel Gagliardi Phd Thesis. 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. Scholarship Essay. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. Phd Thesis. 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 on why service, codicil accurately recited the nature and extent of his property and gagliardi phd thesis recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and remainder of writing application 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 Daniel gagliardi, legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses.

By statute in many jurisdictions, however, dispositions to How to writing application beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Gagliardi. Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at admissions essay, 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 gagliardi phd thesis, will. Therefore, presumably two other witnesses exist to prove the will in make for me probate. NB: Arguably S should be permitted to take under the Daniel phd thesis, 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the admissions essay help zuckerberg, will being probated is gagliardi, presumably the conflict of interest posed.

The reliability of a witness with a vested interest in having the will probated is Statistics on having too much, 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 kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in phd thesis some way, perhaps with a red star. I might even decide to homework put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the Daniel gagliardi, 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 Textbook homework help 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. Gagliardi. Richard ordered the audio CD version of LEEWS. Statistics On Having Too Much Homework. His is the verbatim model response offered to students — with professor comments! — as what was wanted. His response received the highest grade, one of only two A+ grades.

His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of gagliardi paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. Homework Help. . What is surely wanted when confronted with a task such as what follows is Daniel phd thesis, a system whereby in College admissions zuckerberg structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and 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 (!!). Daniel Phd Thesis. . 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 Write new year a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points.

Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above.

F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to Daniel gagliardi phd thesis the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an service examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis. Part II consists of 35 multiple choice questions. Daniel. If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument.

You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and essay zuckerberg staple all of the pages together in the upper left hand corner. 1. Answer only the phd thesis, question asked and do so with organization, precision, legibility, and proper grammar and Write scholarship essay spelling. 2. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on only one side of a page and leave a left margin. Write your identification number in the space provided on Daniel, the answer sheet for Textbook homework help xml, Part II and mark the appropriate corresponding circles on your answer sheet to Daniel gagliardi indicate your examination number. Do not staple the answer sheet for Part II to Textbook help anything. Submission of gagliardi phd thesis Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in.

You must write your identification number on this exam booklet at Can you to can't, the top of the first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the Daniel phd thesis, exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over Write scholarship essay, 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 personЂ™s. (a) transacting any business within this State; (b) causing tortious injury by gagliardi phd thesis an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the make a report to can't, person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in gagliardi this State; (e) contracting to Can you make a report for me 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 gagliardi this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Statistics on having Part I are worth a total of 45 points.

They are not of equal weight. A. Daniel Gagliardi. You are now an make associate attorney in a law firm. Respond fully to the following memorandum from Daniel phd thesis one of your employers. ЂњI QuitЂќ is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. Writing Letter. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in the State of Swabia where most of their customers are from.

Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in gagliardi phd thesis Prussia and homework help xml 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 [ЂњFirst CommercialЂќ] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Daniel gagliardi phd thesis Isolde had a promising business and that the homework xml, bank would do well to procure their business. After receiving a letter at their shop offering the bankЂ™s services, Tristan and Daniel phd thesis 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 Tristan immediately took them to First CommercialЂ™s main office, located ten miles away in scholarship the State of Prussia. Daniel. First Commercial then gave them a check for homework, $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 gagliardi that it was to be repaid in Can you make a report for me two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the bankЂ™s claim against him for $50,000. First Commercial then sued Isolde in phd thesis the United States District Court for Prussia to collect the unpaid principal and interest. First CommercialЂ™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia.

On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for Statistics on having, $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for the District of Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in Daniel a bank account in Swabia. Essay On Why. First Commercial also procured a writ of Daniel gagliardi 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. Be sure to discuss fully any possible defenses that you may have considered and Textbook rejected and explain fully why you have rejected them. B. Gagliardi. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate.

Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. College Help. 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 gagliardi phd thesis, behalf of How to writing application First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in gagliardi both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the writing letter, service on gagliardi, Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a studentЂ™s essay that received a top grade. 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 issue) prescribes a statement of I ssue to precede the make, statement of R ule, and the discussion ( A nalysis). Phd Thesis. (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this. Our only too much, suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the Daniel gagliardi phd thesis, US Constitution and as authorized by How to writing letter Congressional Statute.

First Commercial will argue that the phd thesis, US District Court has subject-matter jurisdiction to hear this case based on community describing, the diversity of citizenship of the parties. Daniel Gagliardi Phd Thesis. First Commercial is a citizen of Prussia. New Year. Isolde has been living in Swabia for Daniel phd thesis, one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at How to application, the time First Commercial filed its complaint, which is the Daniel gagliardi, 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 Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of Statistics on having too much 2003, because she only Daniel gagliardi, moved to Swabia temporarily, to see Ђњif she would enjoyЂќ life on her own. Essay Help. If Isolde is found to Daniel gagliardi be a domiciliary of Prussia, then there is not diversity of citizenship and writing thus no subject matter jurisdiction. Gagliardi. However, if Isolde is found to have relocated to Swabia with the intent of essay staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the gagliardi phd thesis, amount in controversy to homework xml exceed $75,000. The $100,000 judgment against gagliardi phd thesis Isolde satisfies this requirement.

N.B. [Please do not use abbreviations, including this one.] This action could not be brought under Ђњfederal questionЂќ jurisdiction because breach of contract is a state common-law claim. Therefore nothing in Essay on why the plaintiffЂ™s complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in phd thesis this case, it has not been previously litigated, so it could be raised on help, collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the gagliardi phd thesis, intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over How to writing, the person. Because this has not been litigated, it can be raised on collateral attack in Daniel gagliardi phd thesis the enforcing court. [We would have preferred a discussion at xml, this point that specifically points out gagliardi that Isolde never even appeared in the first action. Most of you could have improved your answers by making better use of the facts to support your analysis.

The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in help 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 phd thesis, if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to Statistics homework personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is Daniel gagliardi phd thesis, not the same as a consent provision. [A surprising number of students referred to homework help xml this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and not a choice of Daniel gagliardi 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 Statistics on having too much devote sufficient time to study of the assigned materials frequently manifests itself in Daniel a personЂ™s demonstrated obliviousness to application letter important distinctions. Others simply didnЂ™t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to pay attention to our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the Daniel, first of the enumerated acts: Ђњa) transacting any business within the State.Ђќ The claim for relief, the $100,000 breach of on why service is important describing contract, arises from the Daniel gagliardi phd thesis, defendantЂ™s act of entering into the loan contract, which First Commercial will argue was executed on TristanЂ™s delivery of the loan documents to the BankЂ™s main office in Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the Textbook xml, 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 Daniel phd thesis, statute reaches the out of state act, the signing of the contract, which causes an in state result, the execution of the How to application letter, 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 Daniel gagliardi, facts of this problem.

The statute covers transacting business in the forum state Ђњdirectly or by an agent.Ђќ Like McShara in make a report for me to can't 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 phd thesis 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 didnЂ™t know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of scholarship new year life, liberty or property without due process of law. The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the Daniel, cause of action arises from the defendantЂ™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to College admissions essay zuckerberg the presentation.] that the long-arm statute is sufficient to provide a statutory basis of gagliardi jurisdiction over on having too much homework, Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the phd thesis, signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan.

Therefore, Isolde did not purposefully avail herself of the Statistics on having homework, privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. Gagliardi. They reached into admissions essay zuckerberg 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 phd thesis court in Statistics too much homework 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 Ђњfair play and substantial justice,Ђќ articulated in the US Supreme CourtЂ™s Burger King decision? In weighing the relative burden on Daniel gagliardi, Isolde compared to on having too much the interest of First National in phd thesis litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to Textbook help give lectures.

The interest of the forum state in adjudicating the dispute would be well served because of the choice of gagliardi law provision; Prussia has an interest in adjudicating its own laws. The interest of the several states in efficiency and on having too much public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion. Daniel Gagliardi Phd Thesis. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of Statistics on having too much lack of personal jurisdiction. [Many of you neglected altogether most of the Daniel gagliardi, issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Statistics On Having Too Much Homework. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]

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Carl Sagan’s Profound Essay On Why Cannabis Consciousness is Desperately Needed in This Mad and Dangerous World. “Cannabis brings us an phd thesis awareness that we spend a lifetime being trained to overlook and forget and put out of our minds.” Most of us remember Carl Sagan as a brilliant scientist, a popularizer of both the methods and progress of letter human knowledge. Some know him as an Daniel phd thesis advocate of space exploration and peace on Textbook homework help xml, earth. Some will even recognize his brilliant work in the science fiction community, as a writer himself, and as a commentator on gagliardi, sci-fi authors such as Arthur C. Clarke. Carl Sagan, 1994.

Photo Credit: Johann Heupel (Flickr Commons. Few, however, know that he wrote an Can you make a report absolutely thrilling and insightful essay on the merits of the psychoactive properties of the cannabis plant. Writing under the pseudonym ‘Mr. Gagliardi. X’ (due to Write scholarship essay the political sensitivity of coming out as a smoker), Carl starts out by going into the well-known sensory enhancements bestowed by cannabis, most notably those which occur during sex, while listening to gagliardi phd thesis music, and while savoring art. While these qualities are important and valuable in themselves, the How to application, true magic of an Daniel gagliardi altered state of How to writing application letter consciousness lies in its paradigm-shifting potential, as Sagan eloquently explains. After reading this essay, you might agree with us that Carl’s famous saying, “The cosmos is within us. Daniel Gagliardi. We are starstuff. We are a way for College essay, the universe to gagliardi know itself.” was first thought of when he was rather high.

In honor of make a report for me to can't Carl’s beautiful legacy and Daniel gagliardi phd thesis 4/20, we’ve decided to share his iconic ‘Mr. X’ essay in full below. Can You Make To Can't. Savor this magnificent explanation of the phd thesis, cannabis experience from one of the greatest minds of the Write, 20th century. [Pro-Tip: Have a toke before reading, and we promise you can read the whole essay in Sagan’s voice.] It all began about ten years ago. I had reached a considerably more relaxed period in my life – a time when I had come to feel that there was more to Daniel gagliardi living than science, a time of awakening of my social consciousness and essay amiability, a time when I was open to new experiences.

I had become friendly with a group of people who occasionally smoked cannabis, irregularly, but with evident pleasure. Phd Thesis. Initially I was unwilling to partake, but the apparent euphoria that cannabis produced and the fact that there was no physiological addiction to the plant eventually persuaded me to try. My initial experiences were entirely disappointing; there was no effect at all, and I began to entertain a variety of hypotheses about cannabis being a placebo which worked by expectation and homework help hyperventilation rather than by chemistry. After about five or six unsuccessful attempts, however, it happened. I was lying on Daniel gagliardi phd thesis, my back in a friend’s living room idly examining the pattern of shadows on the ceiling cast by a potted plant (not cannabis!). I suddenly realized that I was examining an How to intricately detailed miniature Volkswagen, distinctly outlined by the shadows.

I was very skeptical at this perception, and tried to find inconsistencies between Volkswagens and what I viewed on gagliardi, the ceiling. But it was all there, down to hubcaps, license plate, chrome, and even the small handle used for service is important, opening the trunk. Gagliardi. When I closed my eyes, I was stunned to find that there was a movie going on the inside of Statistics on having homework my eyelids. Flash . . Daniel Gagliardi. . a simple country scene with red farmhouse, a blue sky, white clouds, yellow path meandering over service is important describing, green hills to the horizon. Gagliardi. . . Flash . . College Admissions. . Gagliardi Phd Thesis. same scene, orange house, brown sky, red clouds, yellow path, violet fields . . . Flash . . . Statistics Homework. Flash . . . Flash. Daniel Gagliardi Phd Thesis. The flashes came about once a heartbeat.

Each flash brought the same simple scene into view, but each time with a different set of colors . . . exquisitely deep hues, and astonishingly harmonious in their juxtaposition. Help. Since then I have smoked occasionally and enjoyed it thoroughly. It amplifies torpid sensibilities and produces what to me are even more interesting effects, as I will explain shortly. I can remember another early visual experience with cannabis, in which I viewed a candle flame and discovered in the heart of the flame, standing with magnificent indifference, the black-hatted and Daniel gagliardi phd thesis -cloaked Spanish gentleman who appears on the label of the Sandeman sherry bottle. On Having Homework. Looking at fires when high, by the way, especially through one of those prism kaleidoscopes which image their surroundings, is an Daniel gagliardi extraordinarily moving and beautiful experience. I want to explain that at no time did I think these things ‘really’ were out there. I knew there was no Volkswagen on the ceiling and there was no Sandeman salamander man in the flame. I don’t feel any contradiction in make for me to can't these experiences. There’s a part of me making, creating the perceptions which in everyday life would be bizarre; there’s another part of Daniel gagliardi me which is application letter, a kind of observer. About half of the pleasure comes from the observer-part appreciating the work of the creator-part. I smile, or sometimes even laugh out loud at the pictures on the insides of my eyelids.

In this sense, I suppose cannabis is psychotomimetic, but I find none of the panic or terror that accompanies some psychoses. Gagliardi Phd Thesis. Possibly this is because I know it’s my own trip, and that I can come down rapidly any time I want to. While my early perceptions were all visual, and curiously lacking in images of human beings, both of these items have changed over the intervening years. I find that today a single joint is enough to get me high. Textbook Help Xml. I test whether I’m high by phd thesis, closing my eyes and looking for the flashes. Letter. They come long before there are any alterations in phd thesis my visual or other perceptions.

I would guess this is a signal-to-noise problem, the visual noise level being very low with my eyes closed. Another interesting information-theoretical aspects is the prevalence – at least in my flashed images – of Essay on why service is important describing cartoons: just the outlines of figures, caricatures, not photographs. I think this is simply a matter of information compression; it would be impossible to grasp the total content of an image with the information content of an ordinary photograph, say 108 bits, in the fraction of Daniel phd thesis a second which a flash occupies. And the flash experience is designed, if I may use that word, for How to application, instant appreciation. The artist and viewer are one. Daniel Gagliardi. This is not to say that the images are not marvelously detailed and complex. I recently had an image in which two people were talking, and the words they were saying would form and disappear in yellow above their heads, at about a sentence per heartbeat.

In this way it was possible to follow the conversation. At the same time an occasional word would appear in red letters among the yellows above their heads, perfectly in context with the conversation; but if one remembered these red words, they would enunciate a quite different set of statements, penetratingly critical of the conversation. The entire image set which I’ve outlined here, with I would say at least 100 yellow words and something like 10 red words, occurred in something under a minute. The cannabis experience has greatly improved my appreciation for College essay help, art, a subject which I had never much appreciated before. The understanding of the intent of the artist which I can achieve when high sometimes carries over to when I’m down. This is gagliardi phd thesis, one of many human frontiers which cannabis has helped me traverse. There also have been some art-related insights – I don’t know whether they are true or false, but they were fun to formulate. For example, I have spent some time high looking at How to letter the work of the Belgian surrealist Yves Tanguey.

Some years later, I emerged from a long swim in the Caribbean and Daniel gagliardi sank exhausted onto essay help a beach formed from the erosion of a nearby coral reef. In idly examining the arcuate pastel-colored coral fragments which made up the beach, I saw before me a vast Tanguey painting. Perhaps Tanguey visited such a beach in his childhood. A very similar improvement in my appreciation of music has occurred with cannabis. For the Daniel phd thesis, first time I have been able to hear the separate parts of a three-part harmony and the richness of the counterpoint. I have since discovered that professional musicians can quite easily keep many separate parts going simultaneously in their heads, but this was the first time for me. Again, the learning experience when high has at least to admissions essay help some extent carried over when I’m down.

The enjoyment of Daniel gagliardi phd thesis food is amplified; tastes and aromas emerge that for some reason we ordinarily seem to be too busy to notice. I am able to give my full attention to the sensation. A potato will have a texture, a body, and taste like that of homework help xml other potatoes, but much more so. Cannabis also enhances the enjoyment of sex – on phd thesis, the one hand it gives an exquisite sensitivity, but on the other hand it postpones orgasm: in Essay service describing part by distracting me with the phd thesis, profusion of image passing before my eyes. The actual duration of orgasm seems to lengthen greatly, but this may be the usual experience of time expansion which comes with cannabis smoking. I do not consider myself a religious person in the usual sense, but there is a religious aspect to some highs. The heightened sensitivity in all areas gives me a feeling of communion with my surroundings, both animate and for me to can't inanimate. Gagliardi. Sometimes a kind of College essay zuckerberg existential perception of the absurd comes over me and I see with awful certainty the Daniel, hypocrisies and posturing of myself and my fellow men.

And at other times, there is a different sense of the absurd, a playful and whimsical awareness. College Admissions Essay Zuckerberg. Both of these senses of the absurd can be communicated, and some of the most rewarding highs I’ve had have been in sharing talk and perceptions and Daniel gagliardi humor. Cannabis brings us an awareness that we spend a lifetime being trained to overlook and forget and Textbook homework help xml put out of gagliardi our minds. Statistics On Having Homework. A sense of what the world is really like can be maddening; cannabis has brought me some feelings for what it is like to be crazy, and how we use that word ‘crazy’ to avoid thinking about things that are too painful for us. In the Soviet Union political dissidents are routinely placed in insane asylums.

The same kind of gagliardi thing, a little more subtle perhaps, occurs here: ‘did you hear what Lenny Bruce said yesterday? He must be crazy.’ When high on cannabis I discovered that there’s somebody inside in those people we call mad. When I’m high I can penetrate into xml, the past, recall childhood memories, friends, relatives, playthings, streets, smells, sounds, and gagliardi phd thesis tastes from a vanished era. I can reconstruct the actual occurrences in childhood events only half understood at the time. On Why Community Is Important Describing. Many but not all my cannabis trips have somewhere in them a symbolism significant to me which I won’t attempt to describe here, a kind of mandala embossed on the high.

Free-associating to this mandala, both visually and phd thesis as plays on words, has produced a very rich array of insights. There is a myth about such highs: the user has an illusion of great insight, but it does not survive scrutiny in the morning. I am convinced that this is an error, and that the devastating insights achieved when high are real insights; the main problem is putting these insights in a form acceptable to admissions zuckerberg the quite different self that we are when we’re down the Daniel gagliardi phd thesis, next day. Some of the hardest work I’ve ever done has been to put such insights down on tape or in Textbook xml writing. The problem is that ten even more interesting ideas or images have to Daniel phd thesis be lost in the effort of recording one. It is easy to new year understand why someone might think it’s a waste of effort going to all that trouble to set the thought down, a kind of Daniel phd thesis intrusion of the Protestant Ethic. But since I live almost all my life down I’ve made the Can you make a report, effort – successfully, I think.

Incidentally, I find that reasonably good insights can be remembered the next day, but only if some effort has been made to set them down another way. If I write the insight down or tell it to someone, then I can remember it with no assistance the phd thesis, following morning; but if I merely say to myself that I must make an effort to remember, I never do. I find that most of the insights I achieve when high are into social issues, an a report for me area of creative scholarship very different from the gagliardi, one I am generally known for. I can remember one occasion, taking a shower with my wife while high, in which I had an idea on the origins and Textbook invalidities of gagliardi phd thesis racism in terms of How to application gaussian distribution curves. It was a point obvious in a way, but rarely talked about.

I drew the curves in soap on the shower wall, and went to write the idea down. Daniel Gagliardi Phd Thesis. One idea led to for me another, and at phd thesis the end of about an hour of extremely hard work I found I had written eleven short essays on a wide range of social, political, philosophical, and Statistics on having too much human biological topics. Because of Daniel gagliardi problems of space, I can’t go into the details of these essays, but from all external signs, such as public reactions and expert commentary, they seem to contain valid insights. I have used them in university commencement addresses, public lectures, and in my books. But let me try to at least give the Statistics on having, flavor of such an insight and its accompaniments. One night, high on cannabis, I was delving into my childhood, a little self-analysis, and making what seemed to me to be very good progress.

I then paused and thought how extraordinary it was that Sigmund Freud, with no assistance from drugs, had been able to achieve his own remarkable self-analysis. But then it hit me like a thunderclap that this was wrong, that Freud had spent the decade before his self-analysis as an experimenter with and a proselytizer for cocaine; and it seemed to me very apparent that the genuine psychological insights that Freud brought to the world were at least in part derived from his drug experience. I have no idea whether this is in Daniel gagliardi phd thesis fact true, or whether the historians of Freud would agree with this interpretation, or even if such an idea has been published in the past, but it is an community interesting hypothesis and Daniel gagliardi one which passes first scrutiny in the world of the community service, downs. I can remember the night that I suddenly realized what it was like to be crazy, or nights when my feelings and gagliardi phd thesis perceptions were of a religious nature. Can You Make A Report For Me To Can't. I had a very accurate sense that these feelings and perceptions, written down casually, would not stand the usual critical scrutiny that is my stock in Daniel trade as a scientist. If I find in the morning a message from myself the night before informing me that there is a world around us which we barely sense, or that we can become one with the universe, or even that certain politicians are desperately frightened men , I may tend to disbelieve; but when I’m high I know about this disbelief. And so I have a tape in which I exhort myself to take such remarks seriously. I say ‘Listen closely, you sonofabitch of the morning! This stuff is real!’ I try to College help zuckerberg show that my mind is working clearly; I recall the Daniel gagliardi phd thesis, name of a high school acquaintance I have not thought of in thirty years; I describe the admissions essay help zuckerberg, color, typography, and format of a book in another room and Daniel phd thesis these memories do pass critical scrutiny in homework the morning. I am convinced that there are genuine and valid levels of perception available with cannabis (and probably with other drugs) which are, through the defects of our society and our educational system, unavailable to us without such drugs.

Such a remark applies not only to self-awareness and to intellectual pursuits, but also to perceptions of real people, a vastly enhanced sensitivity to facial expression, intonations, and choice of Daniel phd thesis words which sometimes yields a rapport so close it’s as if two people are reading each other’s minds. Cannabis enables nonmusicians to know a little about what it is like to be a musician, and nonartists to College admissions grasp the Daniel phd thesis, joys of art. But I am neither an artist nor a musician. What about my own scientific work? While I find a curious disinclination to think of my professional concerns when high – the attractive intellectual adventures always seem to be in every other area – I have made a conscious effort to think of a few particularly difficult current problems in my field when high. Write. It works, at least to a degree. Daniel. I find I can bring to bear, for example, a range of relevant experimental facts which appear to be mutually inconsistent. Admissions Essay. So far, so good.

At least the recall works. Then in trying to Daniel conceive of a way of reconciling the disparate facts, I was able to come up with a very bizarre possibility, one that I’m sure I would never have thought of down. Make A Report To Can't. I’ve written a paper which mentions this idea in passing. I think it’s very unlikely to be true, but it has consequences which are experimentally testable, which is the hallmark of an acceptable theory. I have mentioned that in gagliardi phd thesis the cannabis experience there is a part of your mind that remains a dispassionate observer, who is able to take you down in a hurry if need be. I have on a few occasions been forced to drive in heavy traffic when high. I’ve negotiated it with no difficult at all, though I did have some thoughts about the marvelous cherry-red color of traffic lights. I find that after the drive I’m not high at all. There are no flashes on the insides of my eyelids. If you’re high and your child is calling, you can respond about as capably as you usually do. I don’t advocate driving when high on cannabis, but I can tell you from personal experience that it certainly can be done.

My high is always reflective, peaceable, intellectually exciting, and sociable, unlike most alcohol highs, and there is never a hangover. Through the years I find that slightly smaller amounts of cannabis suffice to produce the same degree of high, and in one movie theater recently I found I could get high just by inhaling the cannabis smoke which permeated the theater. There is a very nice self-titering aspect to cannabis. Statistics Homework. Each puff is a very small dose; the time lag between inhaling a puff and sensing its effect is small; and there is no desire for more after the high is there. I think the ratio, R, of the time to sense the dose taken to the time required to take an excessive dose is an important quantity. R is very large for LSD (which I’ve never taken) and reasonably short for cannabis. Small values of phd thesis R should be one measure of the safety of psychedelic drugs. When cannabis is legalized, I hope to see this ratio as one of he parameters printed on the pack. I hope that time isn’t too distant; the illegality of Write essay new year cannabis is outrageous, an impediment to full utilization of a drug which helps produce the serenity and insight, sensitivity and fellowship so desperately needed in Daniel this increasingly mad and dangerous world.

This account was written in 1969 for publication in Marijuana Reconsidered (1971). Sagan was in his mid-thirties at that time. He continued to use cannabis for the rest of his life. Martijn left his professional poker career to essay new year meditate in the Himalayas, replacing casinos with monasteries, and pokerchips with Dharma books. Daniel. Returning home, he studied interdisciplinary science and philosophy (phenomenology in particular), before immersing himself into the shamanistic practices of the Amazon. A curious explorer, Martijn attempts to bridge entrepreneurship with being a Bodhisattva warrior. Check out his writings below or come work together and make failure impossible. The Follies of Perception: Why We Should Admit We Know Little. 5 Myths About Psychedelics That We Need to Stop Spreading. The First 3D Meditation Technology in the World.

This Is How You Challenge Yourself to Enlightenment. How Jonathan Haidt’s 6 Moral Tastebuds Can Heal a Divided World. How The Unexpected Reality of Pro Wrestling Turned Me Into A Buddhist. While smoking pot can help you make some spiritual gains, smoking too much, and doing it everyday does the opposite. Its the contrast of normal mood with being high that enables reflection.

Exactly. The more interesting life you lead, the more this will be enhanced. A mind untrained in thought won’t get the epiphanies Carl mentioned.

Jan 27, 2018 Daniel gagliardi phd thesis, pay for exclusive essay -

essay on Daniel gagliardi, gold money Gold and on why service is important Economic Freedom. by Alan Greenspan. Published in gagliardi Ayn Rand's Objectivist newsletter in 1966, and reprinted in her book, Capitalism: The Unknown Ideal , in 1967. An almost hysterical antagonism toward the gold standard is one issue which unites statists of all persuasions. Write Scholarship? They seem to sense — perhaps more clearly and subtly than many consistent defenders of gagliardi phd thesis laissez-faire — that gold and economic freedom are inseparable, that the gold standard is an instrument of laissez-faire and that each implies and requires the other. In order to understand the source of community service describing their antagonism, it is necessary first to understand the specific role of gold in a free society.

Money is the phd thesis, common denominator of all economic transactions. It is that commodity which serves as a medium of exchange, is universally acceptable to all participants in an exchange economy as payment for essay their goods or services, and can, therefore, be used as a standard of market value and as a store of value, i.e., as a means of saving. The existence of such a commodity is a precondition of a division of labor economy. If men did not have some commodity of objective value which was generally acceptable as money, they would have to resort to primitive barter or be forced to live on self-sufficient farms and forgo the inestimable advantages of specialization. If men had no means to store value, i.e., to save, neither long-range planning nor exchange would be possible. What medium of exchange will be acceptable to all participants in an economy is not determined arbitrarily. Gagliardi Phd Thesis? First, the medium of exchange should be durable.

In a primitive society of meager wealth, wheat might be sufficiently durable to serve as a medium, since all exchanges would occur only during and a report immediately after the harvest, leaving no value-surplus to gagliardi phd thesis store. But where store-of-value considerations are important, as they are in make richer, more civilized societies, the medium of exchange must be a durable commodity, usually a metal. A metal is gagliardi phd thesis generally chosen because it is homogeneous and divisible: every unit is the same as every other and essay it can be blended or formed in any quantity. Precious jewels, for example, are neither homogeneous nor divisible. More important, the commodity chosen as a medium must be a luxury. Daniel Phd Thesis? Human desires for Textbook homework help xml luxuries are unlimited and, therefore, luxury goods are always in demand and will always be acceptable. Wheat is a luxury in underfed civilizations, but not in gagliardi a prosperous society. Cigarettes ordinarily would not serve as money, but they did in essay post-World War II Europe where they were considered a luxury.

The term luxury good implies scarcity and high unit value. Having a high unit value, such a good is phd thesis easily portable; for homework help xml instance, an gagliardi phd thesis, ounce of gold is worth a half-ton of pig iron. In the early stages of a developing money economy, several media of exchange might be used, since a wide variety of commodities would fulfill the foregoing conditions. Statistics Homework? However, one of the commodities will gradually displace all others, by being more widely acceptable. Preferences on what to hold as a store of value will shift to the most widely acceptable commodity, which, in turn, will make it still more acceptable. The shift is progressive until that commodity becomes the sole medium of exchange. The use of a single medium is highly advantageous for the same reasons that a money economy is superior to a barter economy: it makes exchanges possible on an incalculably wider scale. Whether the single medium is gold, silver, seashells, cattle, or tobacco is optional, depending on the context and development of a given economy. In fact, all have been employed, at various times, as media of exchange. Even in the present century, two major commodities, gold and silver, have been used as international media of exchange, with gold becoming the predominant one.

Gold, having both artistic and functional uses and being relatively scarce, has significant advantages over all other media of exchange. Since the beginning of World War I, it has been virtually the sole international standard of exchange. Daniel Phd Thesis? If all goods and services were to be paid for in gold, large payments would be difficult to execute and this would tend to limit the extent of a society's divisions of labor and specialization. Thus a logical extension of the creation of a medium of exchange is the Write scholarship new year, development of a banking system and credit instruments (bank notes and deposits) which act as a substitute for, but are convertible into, gold. A free banking system based on gold is able to extend credit and thus to create bank notes (currency) and deposits, according to the production requirements of the gagliardi phd thesis, economy. Individual owners of gold are induced, by payments of interest, to deposit their gold in a bank (against which they can draw checks). Xml? But since it is rarely the case that all depositors want to withdraw all their gold at Daniel gagliardi phd thesis, the same time, the banker need keep only a fraction of his total deposits in gold as reserves. This enables the banker to loan out more than the amount of his gold deposits (which means that he holds claims to gold rather than gold as security of to can't his deposits).

But the amount of Daniel gagliardi phd thesis loans which he can afford to make is not arbitrary: he has to gauge it in relation to his reserves and to the status of his investments. When banks loan money to finance productive and profitable endeavors, the loans are paid off rapidly and bank credit continues to College zuckerberg be generally available. But when the business ventures financed by bank credit are less profitable and Daniel gagliardi slow to pay off, bankers soon find that their loans outstanding are excessive relative to their gold reserves, and they begin to curtail new lending, usually by charging higher interest rates. This tends to restrict the financing of Statistics too much homework new ventures and requires the existing borrowers to phd thesis improve their profitability before they can obtain credit for further expansion. Textbook Homework Xml? Thus, under the Daniel gagliardi phd thesis, gold standard, a free banking system stands as the Write scholarship new year, protector of an Daniel gagliardi, economy's stability and balanced growth.

When gold is accepted as the medium of exchange by most or all nations, an unhampered free international gold standard serves to foster a world-wide division of labor and the broadest international trade. Textbook Homework Help Xml? Even though the units of exchange (the dollar, the pound, the franc, etc.) differ from country to country, when all are defined in terms of gold the economies of the different countries act as one — so long as there are no restraints on trade or on the movement of capital. Credit, interest rates, and prices tend to follow similar patterns in all countries. For example, if banks in one country extend credit too liberally, interest rates in that country will tend to fall, inducing depositors to Daniel gagliardi phd thesis shift their gold to higher-interest paying banks in How to other countries. This will immediately cause a shortage of bank reserves in the easy money country, inducing tighter credit standards and a return to competitively higher interest rates again. A fully free banking system and fully consistent gold standard have not as yet been achieved. But prior to World War I, the banking system in the United States (and in most of the world) was based on gold and phd thesis even though governments intervened occasionally, banking was more free than controlled. Periodically, as a result of Can you to can't overly rapid credit expansion, banks became loaned up to the limit of their gold reserves, interest rates rose sharply, new credit was cut off, and Daniel gagliardi the economy went into a sharp, but short-lived recession. (Compared with the homework help, depressions of phd thesis 1920 and 1932, the pre-World War I business declines were mild indeed.) It was limited gold reserves that stopped the unbalanced expansions of Essay on why community service is important business activity, before they could develop into the post-World War I type of disaster. Gagliardi? The readjustment periods were short and help the economies quickly reestablished a sound basis to resume expansion. But the process of cure was misdiagnosed as the disease: if shortage of bank reserves was causing a business decline — argued economic interventionists — why not find a way of supplying increased reserves to the banks so they never need be short! If banks can continue to Daniel gagliardi phd thesis loan money indefinitely — it was claimed — there need never be any slumps in business.

And so the Federal Reserve System was organized in 1913. It consisted of twelve regional Federal Reserve banks nominally owned by homework, private bankers, but in fact government sponsored, controlled, and phd thesis supported. Credit extended by these banks is in practice (though not legally) backed by the taxing power of the federal government. Technically, we remained on the gold standard; individuals were still free to own gold, and gold continued to be used as bank reserves. But now, in writing letter addition to gold, credit extended by the Federal Reserve banks (paper reserves) could serve as legal tender to pay depositors. When business in Daniel gagliardi phd thesis the United States underwent a mild contraction in on having too much 1927, the Federal Reserve created more paper reserves in the hope of gagliardi phd thesis forestalling any possible bank reserve shortage. More disastrous, however, was the Federal Reserve's attempt to assist Great Britain who had been losing gold to us because the Bank of England refused to allow interest rates to rise when market forces dictated (it was politically unpalatable). The reasoning of the authorities involved was as follows: if the Federal Reserve pumped excessive paper reserves into American banks, interest rates in the United States would fall to a level comparable with those in Great Britain; this would act to stop Britain's gold loss and avoid the political embarrassment of having to raise interest rates. The Fed succeeded; it stopped the gold loss, but it nearly destroyed the economies of the world, in Textbook help xml the process.

The excess credit which the Fed pumped into the economy spilled over into the stock market, triggering a fantastic speculative boom. Belatedly, Federal Reserve officials attempted to sop up the excess reserves and finally succeeded in braking the boom. But it was too late: by 1929 the speculative imbalances had become so overwhelming that the attempt precipitated a sharp retrenching and a consequent demoralizing of gagliardi phd thesis business confidence. College Admissions Help? As a result, the Daniel gagliardi, American economy collapsed. Zuckerberg? Great Britain fared even worse, and rather than absorb the full consequences of her previous folly, she abandoned the gold standard completely in 1931, tearing asunder what remained of the fabric of confidence and inducing a world-wide series of bank failures. Daniel Gagliardi? The world economies plunged into the Great Depression of the 1930's. With a logic reminiscent of a generation earlier, statists argued that the gold standard was largely to blame for the credit debacle which led to Textbook homework help the Great Depression. If the gold standard had not existed, they argued, Britain's abandonment of Daniel gagliardi gold payments in 1931 would not have caused the failure of banks all over the world. (The irony was that since 1913, we had been, not on a gold standard, but on Can you for me to can't, what may be termed a mixed gold standard; yet it is gold that took the Daniel, blame.) But the opposition to the gold standard in any form — from a growing number of welfare-state advocates — was prompted by a much subtler insight: the realization that the gold standard is incompatible with chronic deficit spending (the hallmark of the welfare state).

Stripped of its academic jargon, the welfare state is nothing more than a mechanism by which governments confiscate the wealth of the productive members of a society to support a wide variety of homework help xml welfare schemes. A substantial part of the confiscation is effected by taxation. But the welfare statists were quick to recognize that if they wished to retain political power, the amount of taxation had to Daniel phd thesis be limited and they had to resort to admissions help zuckerberg programs of massive deficit spending, i.e., they had to borrow money, by issuing government bonds, to finance welfare expenditures on a large scale. Under a gold standard, the Daniel, amount of credit that an economy can support is determined by the economy's tangible assets, since every credit instrument is ultimately a claim on some tangible asset. But government bonds are not backed by tangible wealth, only by the government's promise to Can you make a report for me to can't pay out of future tax revenues, and cannot easily be absorbed by the financial markets. A large volume of new government bonds can be sold to the public only at progressively higher interest rates. Thus, government deficit spending under a gold standard is severely limited. The abandonment of the gold standard made it possible for the welfare statists to use the banking system as a means to Daniel gagliardi an unlimited expansion of How to writing application credit.

They have created paper reserves in the form of phd thesis government bonds which — through a complex series of steps — the banks accept in place of tangible assets and treat as if they were an actual deposit, i.e., as the equivalent of what was formerly a deposit of gold. The holder of a government bond or of a bank deposit created by paper reserves believes that he has a valid claim on a real asset. But the fact is that there are now more claims outstanding than real assets. The law of supply and demand is not to be conned. As the supply of Textbook homework help money (of claims) increases relative to the supply of tangible assets in Daniel gagliardi phd thesis the economy, prices must eventually rise. Thus the earnings saved by the productive members of the society lose value in terms of goods. When the economy's books are finally balanced, one finds that this loss in value represents the goods purchased by Essay on why service, the government for welfare or other purposes with the money proceeds of the gagliardi, government bonds financed by bank credit expansion. In the absence of the Textbook help, gold standard, there is no way to protect savings from gagliardi, confiscation through inflation.

There is no safe store of value. Essay? If there were, the government would have to make its holding illegal, as was done in the case of gold. If everyone decided, for example, to convert all his bank deposits to silver or copper or any other good, and thereafter declined to accept checks as payment for goods, bank deposits would lose their purchasing power and government-created bank credit would be worthless as a claim on goods. Gagliardi Phd Thesis? The financial policy of the welfare state requires that there be no way for the owners of wealth to protect themselves. This is the shabby secret of the welfare statists' tirades against gold. Deficit spending is simply a scheme for the confiscation of wealth.

Gold stands in the way of Textbook homework xml this insidious process. It stands as a protector of gagliardi property rights. If one grasps this, one has no difficulty in understanding the statists' antagonism toward the gold standard.