Nightmarish Themes In Edgar Al Essay - 739 Words

Themes in Works by Edgar Allan Poe Horror stories seem to provoke a certain feeling inside all of us. They can make us scared, nervous, or even just amazed. If a horror story is told well, it can make just about any reader cringe. There are certain elements that must be in a horror story to really make it frightening. Some of these elements include the setting, the characters, a feeling of suspense, foreshadowing, and unexpected events. All of Edgar Allan Poe’s stories and poems seem to bring about a whimsical and nightmarish feeling in the reader. Poe’s life was stranger than most, which has probably helped him to create such ghastly tales. â€Å"The Fall of the House of Usher†, â€Å"The Raven†, and â€Å"The Masque of Red Death† all contain those†¦show more content†¦It just lets the reader know that something is going to happen by having the stormy weather. This passage is also an example of alliteration. â€Å"The Fall of the House of Usher† contains many of the necessary elements that create a true horror story. nbsp;nbsp;nbsp;nbsp;nbsp;Likewise, â€Å"The Masque of Red Death† also possesses many dreamlike or nightmarish qualities. An example of this horrifying dreamlike effect is â€Å"duke’s love of the bizarre†(176). The duke’s house is arranged very strangely, which adds to the odd feeling of the story. There are seven different rooms, all of different colors with the windows matching the room colors. The last room is black with red windows. During the duke’s party, nobody goes in there because of the ominous feeling created by the room. For instance, the whole story has a dreamlike quality as the party continues into the night. A strange visitor wearing a disgusting mask comes to the party. When he arrives at midnight, everyone is alarmed and when the visitor is confronted, everyone at the party â€Å"acknowledged presence of the Red Death†(180). The masked visitor is found to have no tangible body and all partygoers are killed. The setting of t he party and the unexpected visitor that makes an appearance both make the story scary. nbsp;nbsp;nbsp;nbsp;nbsp;Finally, â€Å"The Raven† has certain attributes that make it appear nightmarish to the reader. In the story, a man hears a strange sound

Adoption Laws in India - Free Essay Example

Sample details Pages: 11 Words: 3351 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Research paper Tags: India Essay Did you like this example? à ¢Ã¢â€š ¬Ã…“ADOPTION LAWS IN INDIAà ¢Ã¢â€š ¬Ã‚  table of content introduction research methodology [chapter- I] Adoption under Hindu Law Applicability of the Act The necessary requirements for a valid adoption Necessary capacity of the person undertaking adoption Necessary capacity of the child being adopted Identification of the adoptive mother Certain specific conditions with respect to adoption Outcomes of adoption [chapter-ii] Adoption under Muslim law prophetà ¢Ã¢â€š ¬Ã¢â€ž ¢s idea of adoption Muslim personal law (shariat) application act 1937 doctrine of acknowledgement kafala conclusion bibliography . Don’t waste time! Our writers will create an original "Adoption Laws in India" essay for you Create order introduction à ¢Ã¢â€š ¬Ã…“Adoptionà ¢Ã¢â€š ¬Ã‚  means the process through which the adopted child is permanently separated from his biological parents and becomes the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship.à ¢Ã¢â€š ¬Ã‚ [1] This concept was brought in, to provide a family to the abandoned or neglected children so as to provide love, care and support to them. In the past there was no codified law for this purpose. It was undertaken mainly for the purpose of continuance of heritance and for performing the basic ritual of funeral. However, with time, the law in this respect evolved. As this is related to the determination of legal affiliation of a child, this becomes part of the personal law Though in the present state, we do not have a secular law with respect to the concept, however Hindu Adoption and Maintenance Act, 1956 has been enacted laying out a complete code. This Act however is appli cable only to Hindus. It deals on a variety of issues concerning adoption. Under Muslim law, the law pertaining to it is still unclear, with the Juvenile Justice (Care and Protection) Act, 2002 acting as a kind of relief for people who want to undertake adoption. Further, the concepts of acknowledgement and Kafala play important role under the Muslim law. Chapter I would deal with the laws of adoption under Hindu law and Chapter II with the laws regarding the same with respect to Muslim Law. research methodology Doctrinal form of research has been undertaken for the project with the data being relied upon being either primary or secondary in nature Objectives 1. To Study and analyse adoption under the Hindu and Muslim laws 2. To analyse the cases regarding to adoption. Hypothesis Adoption as a concept is not recognised by all the religions. There is no uniform secular law on adoption for all religions in India. Scope and Limitation The scope of the paper has been restricted to the practise of adoption under Hindu and Muslim Law [chapter- I] Adoption under Hindu Law If a Hindu wants to seek for adoption, he/she can do so under the Hindu Adoption and Maintenance Act, 1956(hereafter, referred as HAMA).[2] In the ancient period, adoption as a process was not carried out. It had the societal stigma attached to it. It was understood as a consequence of impotency of male member. Further, the women had to suffer if she could not give birth to a male child. Thus, adoption under the ancient period could be attributed to two major factors namely, to continue the ritual of conducting funeral and that of following the family ancestry for which a male child was a must. Thus, to bring about a change in the practise, the laws in relation to adoption were codified. It is important to note that adoption once undertaken under this law for Hindus is irrevocable. Salient features of the Hindu Adoption and Maintenance Act, 1956. Applicability of the Act The act is applicable only on Hindus, as what is defined under Section 2[3] which says that anyone who is a follower of Virashaiva, or Brahmo or Arya Samaj or any person who is by religion a Buddhist, Jaina or Sikh will be considered a Hindu. Further the other features could be reiterated as follows: It clearly excludes anyone who is a Muslim, Christian, Parsi or Jew by religion. It covers both legitimate as well as illegitimate child, in a case where either both the parents are Hindus as defined above or in a case where any one of the parent satisfies the above condition. Further, in situations where the child has been discarded by both the parents, or where his parentage is unknown, and in such a case he is brought up as a Hindu by virtue of his practices. One who got converted or re- converted to a Hindu. The necessary requirements for a valid adoption There are certain requisites which must be followed for a valid adoption as clearly defined under section 6[4] which are namely, The person who is adopting must have the valid capacity to receive adoption. The person who is carrying out adoption must have the capacity to do so. The person who is being adopted must also have the capability to get adopted. Necessary capacity of the person undertaking adoption Under the aforesaid Act the capacity of a male Hindu and a female Hindu is specifically mentioned under Sections 7[5] and 8[6]. The two essentials for the same are that he/she should be of sound mind and must not be a minor, in lieu of considering the fact that if he/she has a living husband/wife present, consent must be taken from him/her under all the circumstances unless and until it is shown that the husband/wife has ceased to be a Hindu, or has renunciated the world entirely, or has been adjudged as one of unsound mind. In the case of à ¢Ã¢â€š ¬Ã…“Arumugha Udayar v. Valliammalà ¢Ã¢â€š ¬Ã‚ [7], the question was concerning if a husband could carry out the adoption process even if wife rejected to the same. It was held, that consent of wife is a necessary condition and hence adoption cannot take place. Moreover, it is clearly established that only the father or mother of the guardian of a child could give the child in adoption.[8] Except these three, not other person could carry out the task. Only in cases where the father or the mother are dead or have discarded the child or have taken complete renunciation of the world or have been adjudged of having unsound mind or the identity of the child is unknown- the guardian will have the capacity to carry out adoption thereby giving the child. Further, the permission from court is a must for guardian to carry it out. The court will look into different parameters to determine the welfare of the child keeping in mind the age, the desires and mental understanding of the child. Also, no consideration or reward of the adoption must be undertaken except by what is sanctioned by the Court in such cases of adoption by a guardian. Necessary capacity of the child being adopted Considering the fact that the main object of the adoption as a concept is the welfare of the children so that he/she gets a family, the Act lays down conditions as to who can be adopted under Section 10 of the aforesaid Act.[9]First and foremost, a child must be Hindu for the conditions to be applied under the present Act. Secondly, he/she must not be previously adopted. Thirdly, he/ she must be unmarried, unless any kind of custom applies to the contrary. And lastly, that he/she must not be more than 15 years, unless any kind of usage or custom applies to the contrary. In the case of à ¢Ã¢â€š ¬Ã…“Amar Singh v. Tej Ramà ¢Ã¢â€š ¬Ã‚ [10], the issue was as to what could be construed to be a custom. It was held, that any particular custom which is followed for a long time is to be construed as a law and that it need not be proved. Even a child who is physically disabled could be adopted if he fulfils the above conditions and the law puts no bar on them. The same was reiterat ed in the case of à ¢Ã¢â€š ¬Ã…“Devgonda Raygonda Patil v. Shamgonda Raygonda Patil.à ¢Ã¢â€š ¬Ã‚ [11] Identification of the adoptive mother Where a Hindu male adopts a child, his living wife shall be considered as the adoptive mother. In cases where it is a bachelor who undertakes such adoption, the wife whom he eventually marries shall be considered to be the step- mother of the child adopted. Similarly, where a widow or an unmarried women undertakes the act, the husband whom she marries consequently, shall be considered to be the step- father of the adopted child. Certain specific conditions with respect to adoption The Act lays down certain specific conditions to be fulfilled under various circumstances that may prevail in course of adoption[12]. They are as follows. In cases of adoption of a son, the condition is that the person whether male or female who is undertaking adoption should not have a à ¢Ã¢â€š ¬Ã…“Hindu son, sonà ¢Ã¢â€š ¬Ã¢â€ž ¢s son or sonà ¢Ã¢â€š ¬Ã¢â€ž ¢ sonà ¢Ã¢â€š ¬Ã¢â€ž ¢s sonà ¢Ã¢â€š ¬Ã‚ [13] existing during the time when the adoption is carried out. In cases of adoption of a daughter, the condition precedent to carry it out is that the person undertaking it should not have a à ¢Ã¢â€š ¬Ã…“Hindu daughter or sonà ¢Ã¢â€š ¬Ã¢â€ž ¢s daughterà ¢Ã¢â€š ¬Ã‚ [14] existing during the time when the process is being carried out. Further, in situations where it a male member carrying out a adoption and one who is to be adopted is a female, in such cases, it is necessary the adoptive father is minimum 21 years older than girl child who is being adopted. It is important to note that the child once adopted cannot be re-adopted simultaneously or by 2 or more persons. There must be actual transfer of the child from the family of where he/she is born to the adoptive family. Any kind of ceremony is not mandatory. It is to be considered that the existing son or daughter present in above circumstances prior to adoption must be either by way of a legitimate blood relationship or by adoption. The case governing the same is that of à ¢Ã¢â€š ¬Ã…“Charan Singh v. Major Singhà ¢Ã¢â€š ¬Ã‚  where it was held that the à ¢Ã¢â€š ¬Ã…“son used in Section 11 would only imply a legitimate sonà ¢Ã¢â€š ¬Ã‚ [15] Outcomes of adoption Once the adoption is done, the child under all circumstances is a deemed child of one who adopts him/her and all the attachments with the parents in the family where he was born stands severed. However, the child is not supposed to marry with the person whom he wasnà ¢Ã¢â€š ¬Ã¢â€ž ¢t allowed to marry previously as well. Any kind of property which was prior to adoption vested in the child along with the obligations attached shall stand as it is and will not be affected. Further, the child could also continue to sustain the relatives which he had in the family where he was born. à ¢Ã¢â€š ¬Ã…“The person who adopts a child has the power to set out his/ her property by way of transfer or by will subject to any kind of agreement to the contrary.à ¢Ã¢â€š ¬Ã‚ [16] It was clearly laid down in the case of à ¢Ã¢â€š ¬Ã…“Baban v. Parvatibai Dagadu Dangeà ¢Ã¢â€š ¬Ã‚  that after adoption the position of the adopted child is like a natural born child excepting for the purpose of marr iage and adoption.[17] In the case of à ¢Ã¢â€š ¬Ã…“Kartar Singh v. Gurdial Singhà ¢Ã¢â€š ¬Ã‚ [18], the son who was adopted claimed rights over the property in the family of where he was born and which was ultimately denied by the Court. Further, for purpose of adoption, there is no mandatory requirement of specific registration.[19] When a dispute in relation to it arises, the court will cautiously presume from any document presented purporting to adoption made.[20] Further, the fundamental principle of equality of status and equality before law is well acknowledged in the matter of adoption.[21] [chapter-ii] Adoption under Muslim law The adoption law after Indiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s independence remained the same. However there were voices raised in the country regarding a secular law for adoption in the country. Under the law it was still only a Hindu who could adopt a child under the Hindu Adoption and Maintenance Act 1956. The nearest one person other than Hindu could come to adopt a child was to follow the guidelines under the Guardians and Wards Act.[22] However there was one problem with following this kind of route because it wasnà ¢Ã¢â€š ¬Ã¢â€ž ¢t adoption in full fledged sense. In order to bring out a secular law about adoption in India with an ambit to bring all the religions under one law, the Indian government came up with the National Adoption Bill 1980. It however faced stiff opposition from the Muslim community as they believed that the à ¢Ã¢â€š ¬Ã…“Quranà ¢Ã¢â€š ¬Ã‚  does not allow adopting a child under the Islamic law. Since the Muslims opposed the law, it was not received well in all corners of the society. The blocking of a secular law for adoption for all religions being blocked by Muslims was not acceptable to many sections of the society. à ¢Ã¢â€š ¬Ã…“If Islam does not recognize a social or economic concept, the state cannot compel every Muslim to keep away from it. If that were possible, our banking laws should not be available to any Muslim, since Islam does prohibit interest on moneyà ¢Ã¢â€š ¬Ã‚ [23] prophetà ¢Ã¢â€š ¬Ã¢â€ž ¢s idea of adoption Prophet Mohammed opposed adoption because he thought there would be confusion among sons as to who is real and who is adopted. His main idea was that a real son could never be replaced. A real son is a real son and no adopted son could ever take the place a real son. Prophet talks about only those situations or cases when already a man has a son. He however fails to acknowledge a situation when a man does not have a son at all. It is the Mohammedans who are bound by the law that they cannot adopt a child. The Shariat Law however does not put any such prohibition to adopt a child. Muslim personal law (shariat) application act 1937 Section 2 of the Shariat Act[24] talks about as to, who would be governed by the Shariat Act. However the above act does not make any special mention of adoption as unlike to marriage, divorce, guardianship and succession. One could however take help of judgements given by the High Courts and Supreme Court in order to interpret this aspect that adoption could be done under this act even though it has no special mention of adoption. In the case of à ¢Ã¢â€š ¬Ã…“Puthiya Purahil Abdurahiman Kurnavan v. Thuyath Kancheentavida Avoommaà ¢Ã¢â€š ¬Ã‚ [25] and à ¢Ã¢â€š ¬Ã…“Maulvi Mohd. v. Mahboob Begamà ¢Ã¢â€š ¬Ã‚ [26] the non mention of other subjects such as adoption in respect of which a valid custom could govern and be binding on the parties does not mean that it is not permissible for the parties to rely on such a valid custom, if there is one.[27] In the case of à ¢Ã¢â€š ¬Ã…“Mohammed Yunus v. Syed Unnisaà ¢Ã¢â€š ¬Ã‚ [28] the apex court considered and discussed about the scope of section 2 under the Shariat Act. The court held that non-mention of subjects like that of adoption under the law did not mean that one cannot rely under the valid customs. Therefore one could not say that the Holy Quran prohibits a person from adopting a child under absolute terms. One could always take the refuge under the Muslim Personal Law Act as it does not abrogate adoption. The Court held that Mohammedan may also have adoption allowed[29]. In the case of à ¢Ã¢â€š ¬Ã…“Mst Bibi v. Syed Alià ¢Ã¢â€š ¬Ã‚  [30] the court came out with the following findings Adoption as a rule is not unknown to the Muslim Law Mohammedans can also adopt by the virtue of customs Any Muslim who alleges that by practise of custom he can adopt a child has to prove it in the court of law. [31] doctrine of acknowledgement The Muslim law does not recognize the concept of a putative father as it believes that as an illegitimate son has no rights over the inheritance of property. Doctrine of acknowledgement can only be used to test the legitimacy in cases where there is real paternity. Muslim law uses this as a strategy to give legal status to a particular relationship. The law states that the acknowledger and the acknowledgee must have an age gap of 12 years and 6 months.[32] There are only two conditions under which a father could acknowledge paternity Child of unknown paternity When there is no definite proof as to child is the offspring of whom. The Doctrine of acknowledgement only applies to those cases where there is a doubt on regarding the legitimacy of the particular child. kafala Under the Muslim Law one is allowed to raise someone elseà ¢Ã¢â€š ¬Ã¢â€ž ¢s child but the child in this case unlike adoption does not become the child of the new parents rather retains his right with his or her original parents. This form or practise adopted under the Muslim law is called as kafala. Kafala is also known as à ¢Ã¢â€š ¬Ã…“alternative careà ¢Ã¢â€š ¬Ã‚  Therefore what we here find out is that the Muslim Law does not prevent the adoption of a child. However when one does it through the different steps above, it still does not count for adoption as still the child does not get or gain the right to be the heir of the adopted family. This is in turn defeats the whole purpose of adoption. The Muslims, however can carry out the process of adoption if they are willing to under Juvenile Justice (Care and Protection of Children) Act.[33] conclusion The project therefore deals with adoption laws in India with special focus on the Hindu and Muslim laws relating to adoption. Adoption of children is basically so as to for the continuation of a family lineage. Adoption as a concept has helped those couples who were not able to have a child. Adoption laws in India have been clearly specified for the Hindus. The Hindu Adoption and Maintenance Act deals with adoption by a Hindu .Therefore adoption in India for a Hindu is pretty easy. Under Hindu adoption the adopted child loses his rights over the earlier family. Adoption however in Muslim Law has not been clearly specified. As such on the outright Muhammedan Law doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t allow the adoption of child. A Muslim could however adopt a child either through the process of kafala or under the doctrine of acknowledgement, under the Shariat Law or under the Juvenile Justice Act. bibliography Cases Amar Singh v. Tej Ram, AIR 1982 P H 282.7 Arumugha Udayar v. Valliammal, AIR 1969 Mad 72.6 Baban v. Parvatibai Dagadu Dange, 1978 Mah. LJ 604..9 Charan Singh v. Major Singh, ( 1962) 78 Punj LR 3678 Devgonda Raygonda Patil v. Shamgonda Raygonda Patil , AIR 1992 Bom. 189.7 Ghisalal v. Dhapubai, AIR 2011 SC 644..9 Kartal Singh v. Gurdial Singh , (2008) 1 HLR 657 (PH)9 Maulvi Mohd. v. Mahboob Begam, AIR 1984 Mad 710 Mohammed Yunus v. Syed Unnisa , MR 1961 SC 80910 Mst Bibi v. Syed Ali, AIR 1949 All 769..11 Neno Khan v. Mst. Sugani , 1974 (DC) 8.10 Puthiya Purahil Abdurahiman Kurnavan v. Thuyath Kancheentavida Avoomma , AIR 1956 Mad 244 10 V. Ravishandram v. R. Ramesh Jayaram, (1998-3) 124 Mad. L.W 822 (D.B)9 Vishvanath Ramji Karale v. Rahibai Ramji Karale and Ors, AIR 1931 Bom.1059 Statutes Guardian and Ward Act, 1890.9 Hindu Adoption and Maintenance Act, 1956..5 Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000)3, 12 Muslim Personal law (Shariat) Application Act, 193710 Books David Pearl, à ¢Ã¢â€š ¬Ã…“Textbook on Muslim Lawà ¢Ã¢â€š ¬Ã‚ , ,University of California, 2008..11 Martha Nussbaum , à ¢Ã¢â€š ¬Ã…“Sex and Social Justiceà ¢Ã¢â€š ¬Ã‚ , Oxford University Press, 2000..10 1 | Page [1] Section 2(d), Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000) [2] Hindu Adoption and Maintenance Act, 1956. [3] ibid s 2 [4] ibid s 6 [5] ibid s 7 [6] ibid s 8 [7] Arumugha Udayar v. Valliammal, AIR 1969 Mad 72 [8] HAMA s 9 [9] ibid s 10 [10] Amar Singh v. Tej Ram, AIR 1982 P H 282 [11]Devgonda Raygonda Patil v. Shamgonda Raygonda Patil , AIR 1992 Bom. 189 [12] HAMA s 11 [13] ibid s 11(i) [14] ibid s 11 (ii) [15] Charan Singh v. Major Singh, ( 1962) 78 Punj LR 367 [16] HAMA s 13 [17] Baban v. Parvatibai Dagadu Dange, 1978 Mah. LJ 604 [18] Kartal Singh v. Gurdial Singh , (2008) 1 HLR 657 (PH) [19] Vishvanath Ramji Karale v. Rahibai Ramji Karale and Ors, AIR 1931 Bom.105 [20] V. Ravishandram v. R. Ramesh Jayaram, (1998-3) 124 Mad. L.W 822 (D.B) [21] Ghisalal v. Dhapubai, AIR 2011 SC 644 [22] Guardian and Ward Act, 1890 [23] Martha Nussbaum , à ¢Ã¢â€š ¬Ã…“Sex and Social Justiceà ¢Ã¢â€ š ¬Ã‚ , Oxford University Press, 2000 [24] Muslim Personal law (Shariat) Application Act, 1937 [25] Puthiya Purahil Abdurahiman Kurnavan v. Thuyath Kancheentavida Avoomma , AIR 1956 Mad 244 [26] Maulvi Mohd. v. Mahboob Begam, AIR 1984 Mad 7 [27] ibid [28] Mohammed Yunus v. Syed Unnisa , MR 1961 SC 809 [29] Neno Khan v. Mst. Sugani , 1974 (DC) 8 [30] Mst Bibi v. Syed Ali, AIR 1949 All 769 [31] ibid [32] David Pearl, à ¢Ã¢â€š ¬Ã…“Textbook on Muslim Lawà ¢Ã¢â€š ¬Ã‚ , ,University of California, 2008 [33] Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000)

Cherokee Nation v. Georgia The Case and Its Impact

Cherokee Nation v. Georgia (1831) asked the Supreme Court to determine whether a state may impose its laws on Native Americans and their territory. In the late 1820s, the Georgia legislature passed laws designed to force the Cherokee people off their historic land. The Supreme Court refused to rule on whether the Georgia state laws were applicable to the Cherokee people. Instead, the Court ruled that it did not have jurisdiction over the case because the Cherokee Nation, was a â€Å"domestic dependent nation† instead of a â€Å"foreign state. Fast Facts: Cherokee Nation v. Georgia Case Argued: 1831Decision Issued: March 5, 1831Petitioner: The Cherokee NationRespondent: The state of GeorgiaKey Questions: Does the Supreme Court have jurisdiction to grant an injunction against Georgia laws that would harm the Cherokee people under Article III of the U.S. Constitution, which gives the Court jurisdiction over cases between a State or the citizens thereof, and foreign states, citizens, or subjects? Do the Cherokee people constitute a foreign state?Majority Decision: Justices Marshall, Johnson, BaldwinDissenting: Justices Thompson, StoryRuling: The Supreme Court ruled that it did not have jurisdiction to hear the case because the Cherokee Nation is not a foreign State but rather a domestic foreign state, as defined by Article III of the Constitution. Facts of the Case In 1802, the U.S. federal government promised Cherokee lands to Georgian settlers. The Cherokee people had historically occupied the lands in Georgia and been promised ownership through a series of treaties, including the Treaty of Holston in 1791. Between 1802 and 1828, land-hungry settlers and politicians attempted to negotiate with the Cherokee people in order to claim the land for themselves. In 1828, tired of resistance and emboldened by the election of Andrew Jackson (a president in favor of removal of the Native Americans), members of the Georgia state legislature passed a series of laws meant to strip the Cherokee people of their rights to the land. In defense of the Cherokee people, Chief John Ross and attorney William Wirt asked the court to grant an injunction to prevent the laws from going into effect. Constitutional Issues Does the Supreme Court have jurisdiction? Should the Court grant an injunction against laws that would harm the Cherokee people? The Arguments William Wirt focused on establishing the court’s jurisdiction. He explained that Congress recognized the Cherokee Nation as a state in the commerce clause of the third article of the U.S. Constitution, which gives Congress the power to â€Å"regulate commerce with foreign nations, and among the several States, and with the Indian tribes. Wirt argued that the Court had jurisdiction over the case because the government had previously recognized the Cherokee Nation as a foreign state in treaties. Attorneys on behalf of Georgia argued that the state had a right to the land based on its 1802 agreement with the federal government. Additionally, the Cherokee Nation could not be considered a state because it was not a sovereign nation with a constitution and a distinct governing system. Majority Opinion Article III of the U.S. Constitution gives the Court jurisdiction over cases between a State or the citizens thereof, and foreign states, citizens, or subjects. Before making a ruling on the merit of the case, the Court needed to establish jurisdiction. In the majority opinion, it answered three questions to address this issue. 1.  Ã‚  Ã‚  Ã‚  Is the Cherokee nation considered a state? The Court found that the Cherokee Nation was a state in the sense that it was a â€Å"political society, separated from others, capable of managing its own affairs and governing itself.† Treaties and laws governing the relationship between the U.S. and the Cherokee Nation supported this conclusion. However, the Court ruled that it was not a state in the same way that Georgia was because it was not part of the Union. 2. Is the Cherokee Nation a foreign state? According to the majority opinion, the Cherokee Nations complex relationship with the U.S. meant it did not legally qualify as a foreign state. Justice Marshall wrote in the majority opinion: â€Å"They look to our government for protection; rely upon its kindness and its power; appeal to it for relief to their wants; and address the President as their Great Father. They and their country are considered by foreign nations, as well as by ourselves, as being so completely under the sovereignty and dominion of the United States that any attempt to acquire their lands, or to form a political connexion with them, would be considered by all as an invasion of our territory and an act of hostility.† The Court needed to establish that the Cherokee Nation was either a U.S. state or foreign state to have jurisdiction over the case. Instead, the Court ruled that the Cherokee Nation was a domestic, dependent nation. This term meant that the Court did not have jurisdiction and could not evaluate the Cherokee Nations case. 3.  Ã‚  Ã‚  Ã‚  Regardless of jurisdiction, should the Supreme Court grant an injunction? No. The Supreme Court ruled that even if it did have jurisdiction, it still should not grant an injunction. According to the majority opinion, the Court would overstep its judicial authority if it prevented the Georgia legislature from enacting its laws. Justice Marshall wrote: â€Å"The bill requires us to control the Legislature of Georgia, and to restrain the exertion of its physical force.  It savours too much of the exercise of political power to be within the proper province of the judicial department.† Dissenting Opinion Justice Smith Thompson dissented, arguing that the Supreme Court did have jurisdiction over the case. The Cherokee Nation should be considered a foreign state, according to Justice Thompson, because the government had always dealt with the Cherokee Nation as a foreign state when entering into treaties. Justice Thompson did not agree with the Court’s interpretation of the commerce clause as excluding the Native Americans from foreign statehood. He argued that the way the Cherokee Nation was treated by Congress when signing treaties was more relevant than analyzing word choice in the Constitution. Justice Thompson also wrote that the Supreme Court should grant an injunction. â€Å"The laws of the State of Georgia in this case go as fully to the total destruction of the complainants rights†¦,† Justice Thompson wrote, making judicial remedy the best option. Justice Joseph Story joined him in the dissent. The Impact The Supreme Court’s refusal to acknowledge jurisdiction in Cherokee Nation v. Georgia meant that the Cherokee Nation did not have legal recourse against Georgia laws that sought to force them off their land. The Cherokee Nation did not give up and attempted to sue again in Worcester v. Georgia (1832). This time, the Court found in favor of the Cherokee people. According to the Supreme Court in Worcester v. Georgia, the Cherokee nation was a foreign state and could not be subject to Georgia laws. President Andrew Jackson, who had pushed Congress to approve the Indian Removal Act in 1830, ignored the ruling and sent in the National Guard. The Cherokee people were forced to move from their lands to a designated area west of the Mississippi on a brutal journey that would later become known as the Trail of Tears. It is unknown exactly how many Cherokees died on the trail, but estimates place the number at between three and four thousand. Sources â€Å"A Brief History of the Trail of Tears.†Ã‚  Cherokee Nation, www.cherokee.org/About-The-Nation/History/Trail-of-Tears/A-Brief-History-of-the-Trail-of-Tears.Cherokee Nation v. Georgia, 30 U.S. 1 (1831).Cherokee Nation v. Georgia 1831.  Supreme Court Drama: Cases That Changed America. Encyclopedia.com.  22 Aug. 2018. https://www.encyclopedia.com/law/legal-and-political-magazines/cherokee-nation-v-georgia-1831.â€Å"Indian Treaties and the Removal Act of 1830.†Ã‚  U.S. Department of State, U.S. Department of State, history.state.gov/milestones/1830-1860/indian-treaties.

Analysis Of The Movie Waiting For Superman - 935 Words

Waiting for Superman is a documentary that scrutinized public schools primarily located in inner-city areas. The documentary provided criticism towards educational reforms and the process of seeking alternative private or institutionalized education (i.e. charter schools). The film showcased the testimonies of five students and their desires to escape the failing public schools in the area. Waiting for Superman is metaphorically titled to suggest that a false sense of hope is given to students. It is understood by the families and students in the film that a quality education is the only way to break the poverty cycle. Year after year families hope that a reform will take place in the neighborhood schools, but each year begins with a false hope that results in the same failing results. The parents of the five students have desperately sought schools for their children that are staffed with qualified teachers who are willing to provide their students with learning opportunities. Lack of effective teachers is a critical concern that is displayed in Waiting for Superman. Daisy, an elementary school student, explained that students should find a way to make learning fun. It is not the responsibility of a child to make learning fun, but instead the teachers. Unfortunately for Daisy, she understood that in order for her to escape the poverty cycle, she must change education for herself because no one else in her school system is accepting responsibility. The responsibilityShow MoreRelatedAnalysis Of The Movie Waiting For Superman 1186 Words   |  5 Pages â€Å"Waiting for Superman† looks at a problem plaguing American schools all over the country today. This film makes it clear this problem hits hardest in the poorest communities of the country, he does make it clear though that it can happen in rich communities and suburbs.. The filmmakers attack all political parties and belief systems. The movie looks at many things , the funding of schools, how s upplies are distributed to schools, how teachers are picked and monitored, teachers unions, differentRead MoreMovie Analysis : Waiting For Superman 1271 Words   |  6 Pageslife gives you lemons, make lemonade: a clichà © that seems to be used oftentimes and never fails to humor some truth in it. In the television show, The Simpsons, episode: â€Å"How the Test Was Won,† directed by Lance Kramer and the documentary, Waiting for Superman, directed by Davis Guggenheim, indicates the depleted issue in our education system. Both texts argue the decline of our nation’s literacy and school merit that comes with. Ultimately, Guggeheim builds his credibility with citing reputableRead MoreAnalysis Of The Movie Waiting For Superman 902 Words   |  4 PagesWaiting for â€Å"Superman† is a documentary that focuses on five children-Anthony, Bianca, Emily, Francisco, and Daisy- who are looking for a better outcome for their education. The film is set up to follow d ifferent stories to explain how the school system works and the different ways that each school district functions. In detail, it unravels the struggle of the American school system and how the roles of charter schools has increased. It shows the five different charter schools that each child wantsRead MoreAnalysis Of The Movie Waiting For Superman 1952 Words   |  8 PagesDanny kinder-key Waiting for Superman 2010 Mr. Davis Guggenheim—an American film director and producer wrote and directed Waiting for â€Å"Superman†, a documentary that deals with the American education system. Guggenheim argues that they are failing more each year in producing successful students. He finds where the faults are within the public educational system. He takes the time to show us some of the faces to those numbers to make his pubic realize they areRead MoreMovie Analysis : Waiting For Superman2121 Words   |  9 PagesAfter watching both â€Å"Waiting for Superman† at home and â€Å"Race to Nowhere† in class, a lot of conclusions can be made from both incredibly made documentaries. Both films offered their audience the opportunity to be informed about the problems and issues in contemporary American education, both clearly with two completely different points of view. â€Å"Waiting for Superman† and â€Å"Race to Nowhere† were both created in 2010, and here and no w in 2015, major issues in the United States surrounding educationRead MoreVsdgvfyhb2024 Words   |  9 PagesWriter’s Reflection ​When I heard the assignment for Inquiry Two, I was quite excited. I had heard of â€Å"Waiting For Superman,† but had never really had the chance to watch it. The topic of it is something that I am extremely passionate about and was eager to learn more about. So I happily watched the documentary and quickly whipped out a first draft (rough rough draft) without even really having to think about it- the words just poured out. However, when writing my real rough draft, I tried to focusRead MoreExamples Of Education In Waiting For Superman1242 Words   |  5 PagesA proper education is one of the most important things in a childs life. In the powerful documentary, Waiting for Superman, directed by Davis Guggenheim, the audience is given an insight on charter, public, and private/ boarding schools. While the underlying tones of the film are leaning towards the positives of these prestigious schools, the main principle is how important an education is, and the steps the cou ntry is taking to improve it. Throughout the film, a strong pull of emotion is presentedRead MoreA System of Failure Essay2247 Words   |  9 Pageswriter Jerry Siegel and artist Joe Shuster first appeared in Action Comics. Deemed Superman, the mythical hero was dedicated to fight for social justice and overthrow tyranny. Soon after, his iconic flashy red cape and tight blue bodysuit graced the shelves of comic shops as he flew straight into the hearts and minds of fellow Americans faster than a speeding bullet. In spite of being a very foreign immigrant, Superman has long been portrayed as a loyal patriot fighting for truth, justice and the AmericanRead MoreThe History of Inequality in the United States1111 Words   |  4 Pagestheir parents because of immobility, how far they advance in their positions will be determined by the system of meritocracy (Manza, Arum, Haney, 2013). If a class analysis is conducted, it will probably be easy to see that the workers would be members of the lower class. Three issues that were not included in â€Å"Waiting For Superman† are the issues of inequality based on race, income, and wealth, all of which can be tied back to each other. The issue of race can be seen by the fact that many of theRead MoreSailor Moon2795 Words   |  12 Pagesbasing my analysis off of the Japanese version of the series. I have long since felt that the English version does a disservice to its fans by making the characters immature, censoring homosexuality, and stereotyping what it is to be a teenager. I will also plead artistic license on the spelling and order of the names. So, without further adieu, the Sailor Soldiers. Sailor Moon/Usagi Tsukino: Our heroine. Our very flawed heroine. And how refreshing that is! Instead of a very boring Superman who could

My Leadership Capabilities Free Essays

According to me, leadership is a quality of an individual that makes him stand beyond the crowd. Leadership is all about organizing a group of people, understanding them, monitoring them, identifying amp; allocating them desired role, getting the best work done out of them amp; lastly reward them. The main objective of the leader is to get the best out of his team in order to meet the goals of an organization. We will write a custom essay sample on My Leadership Capabilities or any similar topic only for you Order Now Perhaps different leaders have different methodology but their objective has always been same.Our group mutually agreed on the following skills which we strongly believe a leader should perceive. 1. Interpersonal Skills: It includes the positive attitude, manners, gestures amp; behavior of a good leader. A good leader should use these interpersonal skills to solve the conflicts in the group amp; to maintain peace amp; discipline in the organization. 2. Communication skills: A good leader demonstrates communication skills as being a good listener amp; speaker. There shouldn’t be communication barrier between a leader amp; his subordinates.The meaning of words should be easily understood by both leader amp; the teammates in order to carry the workflow smoothly. 3. Relationships: Trust is the base of each amp; every relationship. In order to maintain a good relationship a leader should first understand needs of his teammates which will help him to allocate suitable role to that individual. A good leader should associate with his subordinates; develop the interpersonal relationships amp; feeling of belongingness. 4. Motivation: A good leader should always ignite the fire in his subordinates in order to meet the desired goal amp; objective of the organization.Leaders are responsible for building confidence in their teams amp; setting an example of their own in order to inspire their team. 5. Time management: â€Å"TIME IS AN ETERNITY† says SHIV KHERA. Time is the most vital factor in life; a good leader should always set an example of utilizing the given time amp; giving the best out of it. 6. Decision maker: Making the right decision at the right time is the most vital characteristics of a good leader. Keeping in mind the mission amp; vision of an organization, being loyal amp; ethical; decisions should be made by a leader in order to meet the goals of an organization. 7.Constructive feedback: It’s very important for a good leader to provide his team with constructive feedback from time to time. Correct feedback helps teammates for future improvements amp; enhancements. After the feedback which I got from my team mates, I was a bit surprised amp; stunned as well, because I got to know my strengths amp; weaknesses more precisely also the areas where I need to improve. Considering interpersonal skill, my group feels I am very good at it. One of my team mates told me he just adores my greeting style like every morning I greet them wishing good morning amp; keeping a smile on my face.They told me this attitude of mine just drives them to a good start in the morning. Also they liked my positive attitude towards work which motivates them to complete their assignment within the given time limit. They explained me this point giving an example of when we were allocated a task to be completed within short span of time I was the first to take the initiative of being a team leader amp; taking responsibility on my shoulder, this positive attitude of mine motivated them amp; we manage to complete the task within the time limit giving the best out of us.Regarding communication skill my group feels that I am excellent at it, I completely agree with them. That’s probably because I have a very smooth communication with them , my gesture, body language, the way I speak is easily understood by them amp; also the vice versa is true. They also praised me for my excellent listening skills perhaps according to me that’s the most crucial factor a good leader should posses, I strongly believe in order to be a good speaker you first need to be a very good listener. My group feels I am good at maintaining relationships. One of my team mates told me he was very much surprised to notice my presence in his surprise birthday party. I have always maintained good relations with my team mates not only in the meetings or in the office but also beyond the office walls. Understanding my teammate’s needs has always been first on my priority list; it helps me in order to assign a particular task to the subordinate well suited for that task. It also helps me in making decisions to reward amp; promote my teammates.Maintaining a good relationship with your team helps in building trust in your team which ultimately results in best work out of your team. Also it’s very vital to maintain relationship with your teammates keeping in mind they don’t take it for granted perhaps then as a leader you won’t be able to get best out of them. My group feels I am good at motivating them in order to make them complete the assigned work in time. I strongly feel that a good leader should have motivational factor in abundance in order to motivate his team.My teammates told me they get very much motivated by the words I use when I am delivering speech. One of my teammates was nervous amp; frustrated because of the work load I told him about my own experience of life how I faced ups amp; downs in my life but every time keeping a smile on my face I had enjoyed those phase which brought smile on his face amp; he assured me hence forth whenever he shall be feeling low he will remember my experience amp; will go back to work amp; will deliver the best out of it.He had also thanked me publicly for the motivation I gave him. A good leader should always value the time because it’s well said ‘if you don’t value the time wont value you. ’ Perhaps this is where I need to improve a lot, my group feels that I am average in time management; I whole heartedly welcome their criticism. I have been told by my group that at time I am not punctual in the meetings, well I don’t blame them but for sure I will rectify it keeping in mind as a leader I need to set an example for them that has to be excellent amp; not just fair or average.My group feels I am good at making decisions, I agree to them because I have taken few decisions which were ironical to them but later on it proved to be beneficial to the organization. Perhaps keeping in mind the goals amp; setting ethical standards I need to improve in making decisions. When it comes to giving feedback I know I am a bit reserved because I don’t want to hurt anybody’s emotions or ethics. That’s why my group feels I am poor at giving feedbacks.A good leader should always give accurate feedback to his subordinates it helps them to improve in future also it furnish them with the compliments amp; rewards they get from the feedbacks which builds their confidence level. A good leader should always b e fair in giving feedback this is where I need to improve a lot because my feedbacks are always positive to all my team mates even if their work is not appropriate which hinders them to learn amp; improve in future. I strongly believe that life is a learning process amp; as a good leader I have always learn from whatever came on my way whether it’s a compliment or it’s a criticism. From the feedbacks I have learned that I need to be fair in giving feedbacks, I need to manage time well amp; I need to lead my team in a correct path which leads to achieving the desire goals amp; objectives of our organization.List of References 1. Mullins, L. (2010) MANAGMENT AND ORGINIZATIONAL BEHAVIOUR, ninth edition, financial times prentice hall. 2. U. S. Air Force [online] available from http://www. legacee. com/Info/Leadership/Definitions. html How to cite My Leadership Capabilities, Papers

Music Appreciation Notes Essay Example For Students

Music Appreciation Notes Essay Mozart was a versatile composer, and wrote in every major genre, including symphony, opera, the solo concerto, chamber music including tiring quartet and string quintet, and the piano sonata. These forms were not new, but Mozart advanced their technical sophistication and emotional reach. He almost single-handedly developed and popularized the Classical piano concerto. He wrote a great deal of religious music, including large-scale masses, as well as dances, divertimento, serenades, and other forms of light entertainment. The central traits of the Classical style are all present in Mozart music. Clarity, balance, and transparency are the hallmarks of his work, but simplistic notions of its delicacy mask he exceptional power of his finest masterpieces, such as the Piano Concerto No. 24 in C minor, K. 491; the Symphony No. 40 in G minor, K. 550; and the opera Don Giovanni. Charles Rosen makes the point forcefully: It is only through recognizing the violence and sensuality at the center of Mozart work that we can make a start towards a comprehension of his structures and an insight into his magnificence. In a paradoxical way, Schumann superficial characterization of the G minor Symphony can help us to see Mozart daemon more steadily. In all of Mozart supreme expressions of suffering and terror, there is something shockingly voluptuous Especially during his last decade, Mozart exploited chromatic harmony to a degree rare at the time, with remarkable assurance and to great artistic effect. Mozart always had a gift for absorbing and adapting valuable features of others music. His travels helped in the forging of a unique compositional language. In London as a child, he met J. C. Bach and heard his music. In Paris, Anaheim, and Vienna he met with other compositional influences, as well as the avian-garden capabilities of the Anaheim orchestra. In Italy he encountered the Italian overture and opera buff, both of which deeply affected the evolution of his own practice. In London and Italy, the gallant style was in the ascendant: simple, light music with a mania for cadetting; an emphasis on tonic, dominant, and subdivision to the exclusion of other harmonies; symmetrical phrases; and clearly articulated partitions in the overall form of movements. Some of Mozart early symphonies are Italian overtures, with three movements running into each other; many are homeland (all three movements having the same key signature, with the slow middle movement being in the relative minor). Others mimic the works of J. C. Bach, and others show the simple rounded binary forms turned out by Viennese composers. As Mozart matured, he progressively incorporated more features adapted from the Baroque. For example, the Symphony No. 29 in A major K. 01 has a contrapuntal main theme in its first movement, and experimentation with irregular phrase lengths. Some of his quartets Music Appreciation Notes By schematic such finales in his recently published Opus 20 set. The influence of the Strum undo Drain (Storm and Stress) period in music, with its brief foreshadowing of the Romantic era, is evident in the music of both composers at that time. Mozart Symphony No. 25 in G minor K. 183 is another excellent example. Mozart would sometimes switch his focus between operas and instrumental music. He produced operas in each of the prevailing styles: opera buff, such as The Marriage of Figaro, Don Giovanni, and Coos fan tutee; opera serial, such as Demimonde; and Single, of which Die Jabberer ¶tee is the most famous example by any composer. In his later operas he employed subtle changes in instrumentation, orchestral texture, and tone color, for emotional depth and to mark dramatic shifts. Here his advances in opera and instrumental composing interacted: his increasingly sophisticated use of the orchestra in the symphonies and concertos influenced his operatic orchestration, and his developing subtlety in using the orchestra to psychological effect in his operas was in turn reflected in his later non-operatic compositions. Influence Mozart most famous pupil, whom the Mozart took into their Vienna home for two years as a child, was probably Johann Envenom Hummel, a transitional figure between Classical and Romantic eras. More important is the influence Mozart had on composers of later generations. Essay About Pop MusicEver since the surge in his reputation after his death, studying his scores has been a standard part of the training of classical musicians. Ludwig van Beethoven, Mozart Junior by fifteen years, was deeply influenced by his work, with which he was acquainted as a teenager. He is thought to have performed Mozart operas while playing in the court orchestra at Bonn, and he traveled to Vienna in 1787 hoping to study with the older composer. Some of Beethovens works have direct models in comparable works by Mozart, and he wrote cadenzas (WOO 58) to Mozart D minor piano concerto K. 466. For further details see Mozart and Beethoven.

Hamlets Human Nature Essay Example For Students

Hamlets Human Nature Essay Maybe Shakespeares Hamlet is rightfully named after the star of the play. After all, he is not only the key character, but the driving force behind most of the questions that are asked about human nature. Hamlet has many traits that contribute to the success of his chacter and the success of the play in general. The three most important characteristics are his indecisiveness throughout the play, his fatalistic views, and his over dramatic persona. Hamlets indecisiveness is evident throughout the play, especially during his dilemma of whether the Ghost is real or has been sent by Satan to trick him into doing something he shouldnt do. He spends too much time worrying about things that may be and not enough time worrying about the things that matter. In fact, even when it comes down to him trying to figure out why he hasnt already done something to avenge his fathers death, he is confused. Hamlet seems to be a very confused person all around, even before he went crazy, he was misleading to the fact that he hated his mother for marrying so soon after his fathers death. Near the beginning of the play Hamlet says to Gertrude that he knows how he feels, not just merely seems to know. However, by the end he has himself questioning that very same comment, just as his mother questioned him in the opening act. Another of the traits that Hamlet is famous for, and perhaps his most famous trait, would be his fatalistic views, evident when he said, Theres a divinity that shapes our ends. at the beginning of Act 5, Scene II. Shakespeare writes Hamlet in as being very fatalistic because it adds to the intensity of the play. He is more willing to put his life on the line for other people, even if those people are already dead. It is this attitude though, that gets him killed in the end. He is too willing to fight Laertes, even though he knows the odds are against him, there is a special providence in the fall of a sparrow. Lastly, the one thing that makes Hamlet either an exciting or depressing story, is completely over dramatic persona. Granted, part of his drama is due to the fact that it was just Shakespeares writing style, and if it seemed dramatic it was probably due to the fact that the play was a dramatic-tragedy. Beyond that though, Hamlet threw almost every situation out of proportion. By the end of the play, the drama around him seems to finally catch up with his own drama, but throughout the rest of the play he is caught up in his own drama. For instance, when he is yelling at his mom in the bedroom and accidentally stabs Polonius through the curtain, he is over dramatic, whereas he could have just opened the curtain to catch who he thought was Claudius and in doing so would have answered his own questions about if the king was really to blame or not. Additionally, he had just seen Claudius at the altar before he went to talk to his mom, so he should have known that Claudius couldnt have been the one behind the curtain, but to make the whole scene more dramatic he just carelessly thrust his sword into the curtain killing an innocent bystander. Although Shakespeare wrote many plays, he may have intertwined the play with some of his own life experiences. Hamlet was an almost human figure, by living and questioning the existence of everything including his own life. Which he lost in the end over making a simple mistake and killing the one person who might have been able the help him. Therefore Shakespeare may have been insecure about his life, and allowed his life to come out as Hamlet.