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c vb net resume Get via App Store Read this post in durrenmatt, our app! What is the or Nurture: Our Behavior? Essay, best alternative On Error Resume Next for C#? If I put empty catch blocks for my C# code, is it going to be an equivalent for VB.NET's On Error Resume Next statement. The reason I am asking this is because I have to convert a VB.NET code to durrenmatt, C#, and the old code has. 200 On Error Resume Next statements although I am using a proper try catch in my new code, but is there is a better alternative? I've found that VB programmers often littered code with many On Error Resume Next statements out of (bad) habit. On Authoritative! My suggestion would be to start with no suppressed exceptions, and the visit see what actually breaks. Struggles! There may not be as many issues as you think.

Conversely, the durrenmatt, more regression testing you can do, the better; there may be some edge cases that only work when errors are ignored. Or Nurture: What Determines Our Behavior? Essay! Ultimately, you need to durrenmatt, decide on an error handling strategy, whether it is graceful unwinding inside many try/catch blocks, or letting errors percolate to a top-level handler (both strategies have their uses). Essay The Peking Opera! If you end up having to suppress some exceptions to durrenmatt, meet a deadline, at the very least log those exceptions so that the boxer terrier, next developer working on durrenmatt, your code doesn't get burnt by an empty try/catch . Although sometimes this is The Adventure Holmes acceptable, generally it indicates a code smell. If you're 100% sure you want to the visit durrenmatt, swallow the exception that has occurred you can do it the The Peking Opera, way you have, but generally if an the visit, exception is thrown you should do something . On Authoritative In Salem! Generally you can achieve the same outcome with well designed code. If you're currently experiencing a specific error, add it to the visit durrenmatt, your question, but if you're asking just out of Peer and Agressive curiosity, no there isn't an the visit durrenmatt, equivalent, and boxer terrier that is durrenmatt a good thing. Peer And Agressive Behavior Essay! You need to analyze the On Error Resume Next statements one by one and see what their purpose is. The Visit! Some may be just sloppy code, but there are valid reasons for On Error Resume Next in Visual Basic 6.0 code. Holmes! Some examples of why to use On Error Resume Next in the visit, Visual Basic 6.0 code: To check if a given key exists in Essay Opera, a Visual Basic 6.0 collection. The only the visit durrenmatt way to or Nurture: Our Behavior? Essay, do this is to access the element by the visit durrenmatt key, and Essay The Peking handle the durrenmatt, error that is Analysis The Adventure of Sherlock Holmes raised if the key does not exist. When converting to .NET, you can replace this by a check for the visit, the existence of the key. Parsing a string to frictional unemployment examples, an integer.

In .NET you can use TryParse. The Visit! No, it's not the same. Of Sherlock! When using On Error Resume Next, VB would skip to the next line if an durrenmatt, error occurs. Industry! With try/catch, execution jumps to the catch block if an durrenmatt, error (exception) occurs. Although On Error Resume Next is unemployment certainly abused more than it's used legitimately, there are places where it would be helpful even in durrenmatt, VB.NET. Opera! Consider a program which assigns values to a large number of Excel properties, such as defaults to all printer parameters -- there are a zillion printer parameters in durrenmatt, Excel.

Later versions of Pressure and Agressive Excel might have properties which earlier versions don't support, and it isn't trivial to figure out which ones are supported in durrenmatt, each version. The program should assign a value if the Nature or Nurture: What Determines Our Behavior?, property exists but ignore the property if an older version of Excel is used. The right way to do this with VB.NET would be to determine which printer properties are supported by the visit durrenmatt each version of Analysis Excel, read the version in the visit, use, and only assign to properties that are implemented in that version. That would require a lot of Nature or Nurture: Determines Our Behavior? Essay research and some code, all for the visit durrenmatt, little benefit. On Error Resume Next would be a more practical solution. And, unfortunately, I'm faced with precisely this problem now. The workaround I'm going to Essay Opera, try is to durrenmatt, write a subroutine which just assigns one value to another, ignoring errors. Boxer Terrier! I'll call this subrouting in the visit durrenmatt, place of Cruise each assignment statement. The Visit Durrenmatt! Not too terible, but not so great either. Using On Error Resume Next is Nature or Nurture: What Determines Essay not a good idea for durrenmatt, error handling (of course, this is my personal opinion, but seems that most of the developers agree with me though).

As other guys advised you in Industry Essay, previous posts, use Try. The Visit Durrenmatt! Catch. Finally (whether in VB.NET or C#). This is Determines Our Behavior? a very smart option for error handling, but it will also allow you to durrenmatt, do nothing with the error (an empty catch block) :) I would suggest you to Essay on Authoritative, put every line of code (which may cause error) in separate Try. The Visit Durrenmatt! Catch Block , so that you would have the opportunity to do whatever you want if an The Peking, error occurs. Happy Coding guys :) I happen to think those people who invented On Error Resume Next did have something in mind when they created it. The answer to your question would be no, there's nothing equivalent to this construct in C#. The Visit Durrenmatt! We have in C# and The Adventure of Sherlock .Net a lot of the visit durrenmatt functions that are so hungry for care and attention it gets tiring after a while to cater to everybody's exceptional behavior. Nature Or Nurture: What Determines Our Behavior? Essay! When almost everything can throw an the visit, exception the word itself looses it's meaning somewhat.

You're inside an iteration and what should you do if few thousands of the rational, million items happen to the visit durrenmatt, be exceptional ? Resume Next could be one of the rational thought, handy answers. On Error Resume Next allows for Inline Error Handling, which is the durrenmatt, expert level error handling in VB. The concept is to handle errors line by Analysis Holmes Essay line, either performing an the visit durrenmatt, action based on the error or ignoring the Pressure Peer Behavior, error when beneficial - but running code in the sequence in which it is the visit durrenmatt written and Essay in Salem not using code jumps. Unfortunately, many novices used On Error Resume Next to hide either their lack of the visit ability or out of laziness from those using their applications by ignoring all errors. Try/catch is block level error handling, which in the pre-.NET world was intermediate by design and implementation. The problem with On Error Resume Next in VB.NET is that it loads the err object on every line of executing code and boxer terrier is, therefore, slower than try/catch . I'm somewhat alarmed that this forum checked and promoted an the visit durrenmatt, inane answer that claimed using On Error Resume Next is a bad habit and code litter. This is a C# forum; should it really be used for thought, C# programmers to durrenmatt, take shots at another language that they aren't well versed in? It being said that intermediate C# programmers with no real VB experience shouldn't try to Analysis The Adventure Holmes Essay, keep C# dumbed down and feature limited because of the visit durrenmatt their weird disdain for another Microsoft Net language, Consider the following code: If the Pressure and Agressive Behavior Essay, xml usually has a value for Field3 but sometimes not; I'm going to get an annoying error that the durrenmatt, table doesn't contain the field.

I could care a less if it doesn't because it's not required data. Pressure Peer Behavior! In this case, ON Error Resume Next would allow me to just ignore the error and the visit I wouldn't have to code around each line of code setting the variables checking for the existence of the Cruise Industry Essay, table, row and column combination with Contains methods. The Visit! This is a small example; I might pull in thousands of table, column, row combinations from frictional unemployment examples large files. Also, assume here that the string variables must be populated this way. This is unhandled code and the visit durrenmatt there will be trouble. Consider a VB.NET and rational thought ON Error Resume Next Implementation: In the above code, it was only necessary to handle one possible error condition; even though there were two errors before the third one was handled. RAD development needs On Error Resume Next. The Visit! C# is boxer terrier my choice of the visit durrenmatt languages but it isn't as much a RAD language as VB for many reasons. I hope all programmers realize that several major languages (i.e.

C) just run and don't halt execution on Nature, unhandled errors; it's the developers job to check for the visit, them where they think necessary. On Error Resume Next is the closest thing to that paradigm in the Microsoft world. Luckily, .NET does give many advanced choices to Nature Determines Our Behavior? Essay, handle these situations; I eluded to the Contains. Durrenmatt! So, in on Authoritative Struggles in Salem, C#, you have to beef up your knowledge level of the language and the visit durrenmatt you properly, according to unemployment, the C# language specification, work around such issues. Consider a solution for handling a large block of the visit repetitive lines of code that could contain an annoying throw away error: Although in The Adventure, a try/catch block, the lambda function is checking for the existence of durrenmatt every table, row, column combination that is boxer terrier being pulled from the dataset that was populated dynamically by the xml. The Visit! This could be checked line by line but would require a lot of Essay excess code (here we have the same amount of durrenmatt executing code but far less written code to The Adventure of Sherlock Holmes Essay, maintain). The Visit! This unfortunately might be considered another bad practice of Essay on Authoritative Struggles One Line Functions. Durrenmatt! I break that rule in boxer terrier, the case of lambdas and the visit durrenmatt anonymous functions. Since .NET offers so many ways to or Nurture: What Determines Our Behavior?, check the the visit durrenmatt, status of Analysis The Adventure of Sherlock Holmes Essay objects; On Error Resume Next isn't as vital to durrenmatt, VB experts as it was prior to .NET but still nice to have around; especially when you're coding something that would be a waste of time to thought, not code fast and dirty.

To you Java converts to the visit durrenmatt, C#; join the Microsoft world and stop pretending that if 10000 intermediate Java and What Determines Our Behavior? C# programmers say it, than it must be true because if one top level Microsoft Guru (such as any one of the visit durrenmatt those who created the VB language and rational thought .NET) obviously contradicts you in the visit durrenmatt, their development of unemployment .NET itself, it is the visit durrenmatt false and Nature or Nurture: you look foolish. The Visit! I want all the functionality I can get in boxer terrier, C# and the visit durrenmatt VB and Peer and Agressive F# and any other language I need to use. C# is durrenmatt elegant but VB is or Nurture: Determines Our Behavior? Essay more evolved due it's much longer tenure but they both do the the visit durrenmatt, Same Thing and use the unemployment, same objects. The Visit Durrenmatt! Learn them both well or please resist commenting on Essay on Authoritative in Salem, either in the visit durrenmatt, comparison conversations; it's nauseating for rational, those of us who have been around since the durrenmatt, mid nineties using Microsoft technologies at unemployment a high level. As been said by @Tim Medora, you have to make an the visit durrenmatt, effort to avoid using such approach when coding.

However, in some cases it is useful, and The Adventure Essay it is the visit durrenmatt possible to emulate such behavior. Here is boxer terrier a function and an example of durrenmatt using it. On Authoritative In Salem! (Note that some code elements were written using C#6)

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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the A essay exam, LEEWS is applicable to durrenmatt, bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. Analysis Of Sherlock Holmes Essay! A law student learnsfinallyto learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed the the visit durrenmatt, tools to boxer terrier, confidently tackle exams in a methodical way. Jan Court, Univ Texas '00.

Just knowing you have a plan i.e., the steps keeps you from durrenmatt, worrying about panic. Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of 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 Cruise Essay, 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 the visit durrenmatt length, and either closed or open book. The former means you bring nothing into Industry Essay, the exam with you (save the code in a course based on a code of the visit rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to on Authoritative in Salem, bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is the visit, typically little time to refer to on Authoritative Struggles in Salem, 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 the visit durrenmatt limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike.

Unlike college and graduate school, class participation, acquaintance with the boxer terrier, professor, even midsemester (as opposed to midyear) midterms generally have no bearing on the visit durrenmatt law school grades. Analysis Of Sherlock Holmes Essay! Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from durrenmatt, among the Essay Opera, eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to the visit, breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to Essay The Peking, our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to durrenmatt, attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is Opera, followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer.

You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by the visit 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. But rest assured that anyone with reasonable intelligence and Analysis The Adventure of Sherlock Holmes Essay diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York.

As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to the visit durrenmatt, be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter.

He grinned and remarked, I saw that spill, Coris. Not the most graceful move in the world. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in Analysis of Sherlock Holmes New York County, seeking damages for the visit, Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the Cruise Industry Essay, following events and motions: 1 OFU, Inc. and Setter moved for a change of venue to Queens County. 2 Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. The Visit! Another was mailed to him. [So-called nail and mail service.] 3 Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by Cruise Industry his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. The Visit Durrenmatt! Only later during an appeal did he assert lack of personal jurisdiction as a defense.

4 OFU, Inc. served notice of the deposition of frictional unemployment a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 OFU, Inc. requested an admission from the visit durrenmatt, Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in 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 boxer terrier, issues raised in the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.)

Discovery (scope of) Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the durrenmatt, material would be admissible as proof. Communications between spouses A confidential communication between husband and wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction Generally, in Analysis Holmes order to determine the rights and the visit durrenmatt duties of parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Cruise Industry Essay! Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and the visit durrenmatt also mailing a copy of same by regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at Pressure Peer and Agressive Behavior Essay the place of business does not satisfy the requirements of due diligence. Waiver of Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal.

Requests for admission A request for admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. The party served normally has 30 days to respond. Failure to durrenmatt, timely respond results in the matter being deemed admitted. Inter alia , it is of Sherlock Holmes Essay, permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on a one-way street). However, it is not proper to durrenmatt, request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata Doctrine that for and Agressive Essay, reasons of economy, prevention of the visit durrenmatt harassment, and avoidance of inconsistent judicial rulings (policy!), the boxer terrier, relitigation of claims and issues is generally prohibited. Claim preclusion Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and durrenmatt defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in Analysis of Sherlock the county where the action arose.

MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of the visit durrenmatt allotted time divided into 10-15 minute intervals) Preliminary Overview Six distinct events/motions. Unemployment! Perform Steps One, Two, and Three (The Blender) on the visit durrenmatt each is my initial perspective on how to proceed. Frictional Examples! [Always the Steps, always the Steps a constant way of thinking.] Step One [Conflict pairings and party objective(s) for each of the six events/motions.]

The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on durrenmatt one side and to avoid liability on frictional the other. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in the visit nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. Frictional Examples! 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. not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. The Visit Durrenmatt! Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to continue applying the examples, Steps to all six, from this point on the visit I shall work on each question to completion before going on to the next .] Step Two [Consider each pairing, party, and objective. Cull facts (and course outline) for Pressure Peer, relevant premises.] 1 = Venue of the visit transitory action is Essay in Salem, overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.)

2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . Durrenmatt! 5; . Peer And Agressive! . . Durrenmatt! 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and failure to respond thereto overrides.

6 = Res judicata rules override. Step Three [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to unemployment examples, be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on the visit durrenmatt as pivotal.] Preview of a logical sequence for discussion No overlap of discussion apparent. No reason apparent not to proceed in the chronology given.

[When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. Cruise Industry Essay! It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and the visit guided by boxer terrier 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. The Visit Durrenmatt! Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of Essay relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in durrenmatt New York County.

It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of Pressure Peer Essay personal jurisdiction only where personal service on the visit a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at boxer terrier in hand service at a defendant's place of business, without attempting to serve the durrenmatt, defendant at Holmes Essay home or leave the the visit, summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the frictional unemployment examples, 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 the visit durrenmatt, lack of personal jurisdiction, nor at Essay on Authoritative in Salem any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in the visit durrenmatt the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is Cruise Essay, after trial. However, waived upon the visit durrenmatt, the taking of an appeal clearly indicates that the time for raising the Essay on Authoritative in Salem, claim would be deemed tolled. [Analysis.]

Conclusion : Setter's defense of lack of durrenmatt personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). Of Sherlock! [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an the visit durrenmatt indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se).

The statement in and Agressive Behavior Essay 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 the visit durrenmatt law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of Essay Opera a claim or cause of action generally precludes reassertion of that claim or cause of durrenmatt action in a subsequent suit. Doris' action in small claims court is grounded in Peer and Agressive Behavior Essay the same facts (destroyed tennis racquet) and sets forth the same cause of the visit durrenmatt action as the Analysis Holmes, one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in durrenmatt small claims court would be dismissed as res judicata.

Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over boxer terrier the counter, and 2001 the durrenmatt, total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Behavior! Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of the visit seats on the board of directors. They further owned thirty percent of the Industry, outstanding shares, by far the largest voting block.

Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to the visit, 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 Peer and Agressive Essay 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 the visit durrenmatt behalf of Cruise RIPCORP against the visit durrenmatt, the corporation and The Peking Opera the Bottomline brothers personally to gain access to the books and records, to the visit, 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 dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and failure to Analysis The Adventure of Sherlock, state a cause of action. 2) RIPCORP moved in durrenmatt the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and 3 above?

RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the and Agressive Behavior Essay, right of the attorney general of the state to the visit, enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights Generally, shareholders have a limited right, founded in common law and statute, to Analysis The Adventure, inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the the visit, stock book and frictional unemployment minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is the visit, a holder of 5 percent of any class of outstanding shares. Shareholder rights of action Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on Industry Essay behalf of the corporation to procure a judgment in favor of the durrenmatt, corporation.

The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the Industry Essay, demand (e.g., the board members are the defendants). Note that in order to durrenmatt, minimize the possibility of derivative actions without merit being brought merely for Essay on Authoritative, nuisance value settlements or counsel fee awards, the the visit durrenmatt, corporation may require the Essay, plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at the visit durrenmatt least 5 percent of on Authoritative in Salem any class of durrenmatt outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and boxer terrier reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the the visit, officer/director is shown.

MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview The three motions referred to by the question are like three questions, each to be considered separately. [Note the enormous benefit here of skipping over the facts.] Step One Conflict pairing(s) : [A quick review of the motions in boxer terrier conjunction with the sentence that precedes them reveals the durrenmatt, single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the Essay Opera, objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the motions.]

1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of the visit same. Step Two [RIPCORP is movant for motions 1 and of Sherlock Holmes Essay 2, Meddle for the visit, 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 light of each of Meddle's objectives set forth in Peer and Agressive Essay the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of standing, failure to first make a demand on the board, and the visit failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. Frictional Examples! but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit.

Step Three [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the the visit, effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Cruise Industry Essay! Therefore, it seems advisable to skip Step Three and go to durrenmatt, the writing phase .] Preview of a logical sequence for discussion No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action.

Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Cruise Essay! 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 currently a shareholder, and durrenmatt has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. Boxer Terrier! A shareholder may examine the durrenmatt, stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at on Authoritative least six months immediately preceding the demand; or she is a holder of five percent of the visit any class of Analysis The Adventure of Sherlock Essay outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of durrenmatt shares. However, she has been a stockholder of record since the initial offering, over boxer terrier two years prior. So-called ultra vires acts acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the the visit, corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders.

Moreover, the corporation may recover damages from the boxer terrier, officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to durrenmatt, first make a demand on the board. Another requirement for maintaining a derivative action is unemployment, that the the visit durrenmatt, plaintiff demand that the board commence the The Adventure of Sherlock Essay, action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of the visit seats on boxer terrier the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in the visit durrenmatt order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to Peer and Agressive Behavior Essay, post security for the visit durrenmatt, costs , unless the plaintiff or plaintiffs hold at least five percent of frictional unemployment any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of durrenmatt one percent of the initial 100,000 share offering. Unemployment! Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!]

Conclusion : Although M falls $10,000 short of the $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 the visit durrenmatt, impose this financial impediment. Boxer Terrier! [Note the the visit durrenmatt, use of the policy underpinning as a basis for Essay on Authoritative in Salem, a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in the visit durrenmatt a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. Boxer Terrier! The director may, however, be indemnified against the visit durrenmatt, expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. Peer Behavior! The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.

[Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in part derivative on the visit behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Pressure Peer and Agressive Essay, Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of durrenmatt their duty to Industry Essay, exercise reasonable care, if not a violation of their duty to act in good faith. The Visit Durrenmatt! However, given that RIPCORP appears to have been engaged for some time in frictional unemployment examples a pattern of divers schemes wholly unrelated to its stated purpose, it is durrenmatt, 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 and Agressive the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in the visit the following manner: First: I bequeath my racehorse, Swayback, to my friend, X.

Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the Struggles in Salem, 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 durrenmatt, his 1994 will, by frictional examples the terms of which he increased the durrenmatt, legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of The Peking Opera his mind when he executed the 1994 will. 2) T sold Swayback to durrenmatt, a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of and Agressive Behavior several witnesses to T's execution of the 1994 will. Discuss the the visit, rights of the various parties in terms of who takes what from T's estate.

RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption Occurs when a specific legacy (defined below) is Essay, 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 ademption occurs, the legatee takes nothing. Death of a beneficiary A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate Shall be in accordance with a decedent's last will and testament.

Execution of a will A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication A properly executed codicil to the visit durrenmatt, a revoked will operates as a republication of a will that is, in form, properly executed. Essay In Salem! 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. Revocation As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the the visit, testator's property, shall be deemed to have revoked the prior will by Analysis of Sherlock 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 A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity Absent evidence to the visit durrenmatt, the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and frictional examples recognizes the natural objects of his bounty. Witness as beneficiary A witness to a will may take under that will, providing said will can be proved in durrenmatt probate without his assistance.

MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview The instruction points to Essay The Peking Opera, parties who stand to take from the visit, T's estate. Each will be in opposition to Essay on Authoritative in Salem, anyone or anything that would prevent him from taking from T's estate. Step One 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 [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim. Durrenmatt! Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play.

However, it would be inefficient and confusing to try to sort them out at this point. Pressure Behavior Essay! Better to the visit durrenmatt, focus on one conflict at Pressure Peer Behavior Essay a time in the writing phase. The Visit! Possibly there will be overlap of premises/discussion.] Step Three [Having declined to set forth the The Adventure of Sherlock Essay, premises of the various parties in durrenmatt Step Two, I may as well go straight to the response. Essay! My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion 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. B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the the visit durrenmatt, testator's property, shall be deemed to have revoked the prior willby implication. Pressure Peer And Agressive Behavior 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. This is so despite the fact that the the visit durrenmatt, 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 codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in Industry Essay making the codicil.

Although a will may be revoked by means of the visit 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 Cruise Industry Essay no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in existence or not in the possession of the testator when he dies. When an durrenmatt ademption occurs, the unemployment, 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 the visit durrenmatt, of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Unemployment! 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 least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. The Visit! Therefore, presumably two other witnesses exist to boxer terrier, prove the will in probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only the visit two witnesses to the will. Frictional Examples! The rationale for the visit, not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of interest posed. The reliability of a witness with a vested interest in having the Essay, will probated is compromised. Y, however, not S stood to take under the the visit, 1994 will.

Had there been any consideration of Holmes 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 the visit A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at boxer terrier the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to durrenmatt, the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the of Sherlock Essay, several witnesses to the will exist to prove it in the visit durrenmatt probate. Actual Civil Procedure I Exam, Fall 2006, U. Behavior Essay! Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division).

The exam was given jointly to the visit durrenmatt, two first year classes by their professors. Richard ordered the audio CD version of LEEWS. His is the verbatim model response offered to students with professor comments! as what was wanted. Industry! His response received the highest grade, one of only two A+ grades. The Visit! 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 paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the boxer terrier, examinee knows exactly what is wanted and how to proceed and present. Durrenmatt! 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. Industry! A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is the visit durrenmatt, new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to boxer terrier, a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the visit the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 ( 11 = Prof Banks, 12 = Prof Entman)

Essays - 45 points. Average -- 11 [17.2]; 12 [16.1]; both sections [16.6] Range -- 11 [3 - 42]; 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- 11 [33.70]; 12 [35.00]; both sections [34.36] Range -- 11 [18.86 - 50.29]; 12 [17.29 - 53.43] Total - 100 points. Average -- 11 [50.90]; 12 [51.09]; both sections [50.99] Range -- 11 [22.86 - 92.29]; 12 [26.29 - 83.00] Average Grade - 11 [2.33] Both Sections [2.34] 12 [2.34] A+: 82 and above.

F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of Opera 8 consecutively numbered pages -- beginning with this page. Part I consists of durrenmatt problems calling for written analysis. Essay Opera! Part II consists of 35 multiple choice questions.

If your examination is incomplete, you should advise the instructor immediately. The Visit Durrenmatt! It is Essay on Authoritative, 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. Durrenmatt! 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 and Agressive, Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is the visit durrenmatt, relevant to The Adventure of Sherlock Holmes, a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by the visit number. 3. Write on only one side of of Sherlock Holmes a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to the visit durrenmatt, indicate your examination number.

Do not staple the answer sheet for Part II to anything. Submission of Struggles in Salem Exams -- General Instructions When you have finished the the visit, 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 Analysis The Adventure Holmes Essay the top of the the visit durrenmatt, first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the answers. Frictional Unemployment Examples! Do not write your name on the visit durrenmatt anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of Peer and Agressive Essay civil procedure identical to the Federal Rules of Civil Procedure;

2. Durrenmatt! all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by Pressure Peer Behavior 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. Durrenmatt! 1-1-111: A court may exercise personal jurisdiction over 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 persons. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in the visit durrenmatt this State; (e) contracting to insure any person, property, or risk located within this State at the time of Cruise Industry Essay contracting. X.C.A. 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located.

The problems in durrenmatt Part I are worth a total of 45 points. They are not of Holmes Essay equal weight. A. You are now an the visit durrenmatt associate attorney in a law firm. Respond fully to the following memorandum from one of your employers. I Quit is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. Boxer Terrier! 11, 2006.

[Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. The Visit Durrenmatt! 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 Pressure Behavior Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in the visit durrenmatt Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of Analysis The Adventure of Sherlock Holmes First Commercial Industrial Bank of the visit Prussia [First Commercial] attended a lecture on furniture repair that Isolde gave in Industry Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. After receiving a letter at the visit their shop offering the on Authoritative Struggles in Salem, banks services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop. The Visit Durrenmatt! On August 15, 2003, Tristan and Isolde signed the The Adventure of Sherlock Holmes Essay, loan papers at their shop and Tristan immediately took them to First Commercials main office, located ten miles away in the State of durrenmatt Prussia.

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

[Question/instruction] We represent Isolde. Frictional! Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria. Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. The Visit Durrenmatt! Isolde. Date: Dec.

12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days. An ambulance rushed her to Essay on Authoritative, the nearest hospital, which was located in Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for the same lawsuit. Given that she was served while in the state, it now seems to durrenmatt, me that the judgment of the federal district court in Prussia against Industry Essay, Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is durrenmatt, valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a students essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. Unemployment Examples! . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: IRAC (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). The Visit Durrenmatt! Richard's model response in LEEWS format does this.

Our only suggestion is The Adventure of Sherlock Holmes, that underlining or boldfacing key words in the preamble of law e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in durrenmatt 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 in Salem, US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. First Commercial is a citizen of Prussia. Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the the visit, 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 boxer terrier Prussia, where she lived her whole life up to June of 2003, because she only moved to the visit durrenmatt, Swabia temporarily, to see if she would enjoy life on her own. If Isolde is found to Analysis The Adventure, be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. The Visit! However, if Isolde is found to boxer terrier, have relocated to Swabia with the the visit, intent of staying for the indefinite future, then the boxer terrier, parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000. The Visit Durrenmatt! The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under federal question jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiffs complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack.

However, it is more likely than not that the court will find that Isolde did move to Swabia with the Essay on Authoritative in Salem, 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 the visit durrenmatt Prussia lacked jurisdiction over frictional unemployment the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Most of you could have improved your answers by making better use of the the visit, facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. N.B. Essay The Peking Opera! The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. The Visit Durrenmatt! Because it is Essay The Peking Opera, necessary that she be domiciled in Swabia to establish diversity of durrenmatt citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on on Authoritative in Salem the basis of domicile.

Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to 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 the visit durrenmatt not a choice of law provision. Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a persons demonstrated obliviousness to important distinctions. Others simply didnt know what to do with the The Adventure Holmes, fact, thus reflecting a failure to the visit, 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 first of the enumerated acts: a) transacting any business within the State. The claim for relief, the $100,000 breach of contract, arises from the Pressure Behavior, defendants act of entering into the loan contract, which First Commercial will argue was executed on Tristans delivery of the loan documents to the Banks main office in Prussia.

Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. The Visit! This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the boxer terrier, signing of the contract, which causes an in state result, the execution of the contract. [It is probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. Durrenmatt! The statute covers transacting business in the forum state directly or by an agent. Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an boxer terrier agent) in delivering the papers to the visit durrenmatt, the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and Analysis of Sherlock Holmes that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the the visit, papers or speculate that she may not have read them. There is simply no basis in Cruise Industry Essay the facts for speculating that Isolde didnt know what she was signing.

Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of the visit durrenmatt state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendants minimum contacts with the forum, such that the Pressure Behavior, assertion of the visit 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 The Peking add a lawyerly caste to the presentation.] that the durrenmatt, long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the boxer terrier, constitutional hurdle becomes important only if the court first accepts the argument that the durrenmatt, 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 Essay, signed loan contract, was brought into the forum by the visit the unilateral actions of Essay on Authoritative in Salem a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and the visit she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the Industry Essay, facts seem to favor First Commercial.

In the the visit, alternative, [In addition?] can Isolde raise any of the fairness factors, defining fair play and Cruise Industry substantial justice, articulated in the US Supreme Courts Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. The Visit! The interest of the forum state in adjudicating the Behavior, dispute would be well served because of the choice of law provision; Prussia has an the visit durrenmatt interest in adjudicating its own laws. Pressure And Agressive Behavior! The interest of the several states in efficiency and the visit public policy do not seem to enter the picture, so the fairness factors do not point to Analysis, Prussia as an unfair forum for Isolde. Conclusion.

Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the durrenmatt, issues about Cruise Industry 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 visit the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on examples Assignment 27, a failure to read the Shaffer v. Durrenmatt! Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]

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Essay on Quaid e Azam Muhammad Ali Jinnah in English. Father of the nation quaid e azam ,Valuable character, marvellous personality. Father of the nation quaid#8212;i-azam muhammad ali jinnah#8217;s fulfillment because the founder of Pakistan, dominates the the visit entirety else he did in his long and crowded public lifestyles spanning a few forty two years. Yet, by means of any wellknown, his became an eventful existence, his character multidimensional and his achievements in Pressure Peer Behavior, other fields have been many, if no longer equally wonderful. Indeed, numerous had been the roles he had played with difference: at one time or another, he become one of the best criminal luminaries lndia had produced in the course of the primary 1/2 of the century, an the visit ambassador of hindu-muslim harmony, a splendid constitutionalist, a outstanding parliamentarian, a pinnacle-notch baby-kisser, an indefatigable freedom-fighter, a dynamic muslim leader, a political strategist and, in particular one of the remarkable state-builders of modern times. What, but, makes him so amazing is the reality that while comparable different leaders assumed the leadership of traditionally properly-defined countries and espoused their cause, or led them to freedom, he created a country out of an inchoate and Industry Essay down- trodden minority and set up a cultural and countrywide domestic for the visit it. And all that inside a decade.

For over three decades earlier than the a success fruits in 1947, of the Muslim warfare for freedom in the south-asian subcontinent, Jinnah had provided political management to the Indian Muslims: to Essay The Peking Opera begin with as one of the leaders, however later, considering the fact that 1947, because the durrenmatt simplest outstanding leader the Quaid#8212;i-azam. For over thirty years, he had guided their affairs; he had given expression, coherence and route to their legitimate aspirations and loved desires; he had formulated these into concerted demands; and, notably, he had striven all-the whilst to get them conceded through both the The Peking ruling british and the numerous hindus the dominant phase of india#8217;s population. And for over thirty years he had fought, relentlessly and inexorably, for the inherent rights of the Muslims for the visit an honourable lifestyles within the subcontinent. Indeed, his life tale constitutes, as it were, the story of the rebirth of the boxer terrier Muslims of the subcontinent and their astounding rise to nationhood, phoenix-like. Born on December 25, 1876, in the visit durrenmatt, a distinguished mercantile family in Karachi and Essay on Authoritative Struggles knowledgeable at the Sindh madrassat-ui#8212;Islam and the christian venture faculty at his beginning place, Jinnah joined the Lincoln#8217;s hotel in 1893#8217;to grow to be the the visit durrenmatt youngest Indian to be known as to the bar, three years later. Starting out inside the legal profession with nothing to fall returned upon besides his local capacity and resolution, younger Jinnah rose to prominence and The Peking Opera have become Bombay#8217;s most successful lawyer, as few- did, inside afew years. As soon as he become firmly set up within the legal profession, Jinnah formally entered politics in the visit durrenmatt, 1905 from the platform of the Indian national congress. He went to Egland in that 12 months at the side of Gopal krishna gokhale (1866-1915), as a member of a congress delegation to plead the Opera purpose of indian self-authorities at the visit, some point of the British elections.

A yr later, he served as secretary to dadabhai noaroji(1825-1917), the then indian country wide congress president, which became taken into consideration a brilliant honour. Boxer Terrier? For a budding baby-kisser. Here, on the calcutta congress session (december 1906), he additionally made his first political speech in the visit, guide of the decision on self-government. 3 years later, in January 1910, Jinnah was elected to the newly-constituted imperial legislative council. Throughout his parliamentary career, which spanned a few 4 decades, he was probable the most effective voice in boxer terrier, the motive of Indian freedom and Indian rights. Jinnah, who become additionally the primary Indian to pilot a non-public member#8217;s bill via the council, soon have become a leader of durrenmatt, a set inside the legislature. Essay The Peking Opera? Mr. Montagu (1879-1924). Secretary of nation for india, For India, at the close of the first global conflict, taken into the visit durrenmatt, consideration Jinnah #8220;perfect mannered, wonderful#8212;searching, armed to the enamel with dialectics. #8221;Jinnah, he felt, #8220;is a completely clever guy, and it's miles, of course, an Opera outrage that the sort of man ought to haven't any chance of jogging the affairs of the visit, his own united states.#8221; For approximately 3 many years since his access into politics in 1906, jinnah passionately believed in and assiduously worked for Hindu- Muslim team spirit. The Peking? Gokhale, the the visit durrenmatt foremost hindu chief earlier than gandhi. Had as soon as stated of him, #8220;he has the genuine stuff in him and that freedom from all sectarian prejudice with a view to make him the satisfactory ambassador of hindu-muslim unity: and, to be sure, he did end up the of Sherlock Holmes architect of hindu-muslim cohesion: he turned into chargeable for the congress-league p.C.

Of 1916, recognized popularly as lucknow p.C.#8212; the durrenmatt most effective percent ever signed among the two political organisations, the congress and the all-india muslim league, representing, as they did, the two essential groups inside the subcontinent. The congress-league scheme embodied in Analysis Holmes Essay, this p.C. Became to grow to be the durrenmatt idea for the montagu-chemlsford reforms, also called the act of Analysis The Adventure Holmes Essay, 1919. In retrospect, the lucknow represented a milestone inside the evolution of lndian politics. For one thing, it conceded muslims the right to separate electorate, reservation of seats within the legislatures and the visit durrenmatt weightage in representation both on the centre and the minority provinces. Consequently, their retention was ensured , inside the subsequent section of reforms. Boxer Terrier? For every other, it represented a tacit popularity of the all-india muslim league as the representative organisation of the the visit durrenmatt Muslims, consequently strengthening the trend closer to muslim individuality in indian politics. And to jinnah is going the credit for all this. As a consequence, by using 1917, jinnah came to be recognized amongst each hindus and muslims as considered one of india#8217;s most amazing political leaders. No longer handiest changed into boxer terrier, he outstanding in the congress and the imperial legislative council, he changed into also the durrenmatt president of the all-lndia muslim and that of the bombay branch of the home rule league. More critical, because of his key-function in the congress-league entente at lucknow, he was hailed as the ambassador, as well as the embodiment, of Hindu-Muslim harmony. in vain did Jinnah argue at the National convention (1928); their hostility having stemmed from their belief that the unity of lndia was their main achievement and their foremost contribution.

The irony Was that both the Hindus and the British had not anticipated the astonishingly tremendous response that the Pakistan demand had elicited from the Muslim masses. Above all, they failed to realize how a hundred million people had suddenly become supremely conscious of their distinct nationhood and their high destiny. In channeling the course of Muslim politics towards Pakistan, no less than in directing it towards its consummation in the establishment of The Adventure of Sherlock Holmes, Pakistan in the visit durrenmatt, 1947, none played a more decisive role than did Quaid-i-Azam Muhammad Ali Jinnah.

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I. Ive been told by almost everyone Ive interviewed that Im not their shrink. THE BELIEVER: I read that you first conceived of Joan Didion as the potential writer for The Executioners Song. LAWRENCE SCHILLER: Joan was my first writer, but I never approached her. Durrenmatt! I had hired a corner man named Barry Farrell, a friend of of Sherlock Essay, mine. Durrenmatt! In the book, Barry is somebody that I reach out to because I feel I might be missing something in my interview process. Everything is becoming so intense. Am I missing something because of my lack of education? Being an intellectualIm not.

So I hire him as a corner man, like a boxer; he watches me and Cruise Industry Essay tells me what I do wrong before I go in for the visit durrenmatt the next round. Barry thought he was going to write what became Executioners Song, and I told him he wasnt going to. Behavior! And Barrys closest friend was Joan Didion. I realized I couldnt go to Joan, because Barry would assassinate me. So I went to Norman. Because Norman had stabbed his wife, I felt he understood knee-jerk reactions to violence and what precipitates that kind of violence.

That was a very basic, childish thought. You may not remember that Norman had stabbed one of his wives. As you know, Norman wrote Executioners Song based primarily on my work and his own. BLVR: I know Joan Didion ended up reviewing it in the New York Times . Did she ever know that she was in your mind as the potential writer? BLVR: What do you think of Normans characterization of you in the book?

Do you think its close? LS: Ive had worse done of me. BLVR: But do you recognize yourself? LS: Of course. All is fair in love and the visit durrenmatt war. BLVR: Did Norman have free reign to write about anything as he wished?

LS: Yes. We disagreed about things greatly, when he put a thought into the head of a character I interviewed. and when I objected, we didnt speak for almost a year, as I said at his memorial service. Then he sent me a fax one day that said, If I knew I would have to kiss your ass, I would never have shaved, and I called him up and The Adventure of Sherlock said, Hello, lover. And we started to talk again. BLVR: And how would you describe your relationship after that? LS: By the time Executioners Song is over, we were as in sync as two guys rowing a canoe. We interviewed the the visit, two widows of the [murder victims] and Essay The Peking Opera survived that experience.

The oars were in sync. By the time ES was over, we understood the purposes that we each had and how we served each other greatly. BLVR: How do you feel when youre in the field, doing fieldwork, in a town with which youre not familiar, like Provo? Do you feel energized? Do you feel lonely? LS: I dont feel lonely. No no no.

I feel like Im jumping in the visit durrenmatt a well that has no bottom, and at some point I know Ill hit bottom. I never put a time limit on on Authoritative Struggles in Salem, it. Im oblivious to anything except that which Im doing. BLVR: I want to know exactly what you handed over, in durrenmatt physical form, when you handed over your research to Norman Mailer. LS: I didnt hand over anything, first of all; I shared with him. Isnt that a better word? I shared with him twenty-four thousand pages of transcripts from Essay Opera interviews I conducted. And then continued to do more interviews. Durrenmatt! And then after reading those interviews, he saw a uniqueness in frictional my interview process that he had not experienced before. He saw the material that a novelist normally has to dream up or invent or create, but here it was: real.

He understood every one of the characters. I never come with a list of questions when I interview. Its organic. Sometimes theyll go for hours or weeks or months. Sometimes Im very, very bold. Very bold.

Ive been told by almost everyone Ive interviewed that Im not their shrink at some point. There are times when I challenge people. In the end of ES, it ends with my interview with Nicole [Baker, the the visit durrenmatt, object of Garys tortured love] where Im trying to get her to tell me what got her to go out in Midway and fuck all these guys. What did [her ex-husband Jim] Barrett say to Essay Struggles, her? And she doesnt want to, and the visit Im pushing her, and I hand her a piece of paper and I say, If you cant say it, write it. Her full answer is not in those pages. Of Sherlock! Norman agreed to leave out durrenmatt, part of the Essay on Authoritative Struggles, answer because I wanted to keep it for my biography, and it was a great, great line. The Visit! She said, Barret told me fucking me was like fucking the wind. Even a novelist reading that line has a whole character there. That line told you everything about Barrett and women. Peer And Agressive Essay! Everything! How do you get people to spend that time with you?

Very simple! You have to durrenmatt, convince them that they owe it to frictional, history! Sometimes they look at me and the visit say, Fuck you. In between his work on The Executioners Song and boxer terrier his charge as director of the Norman Mailer Writers Colony, Schiller wrote several best sellers, and his film The Man Who Skied Down Everest (1975) won an the visit Academy Award. Before that, he had a career as a photographer, selling one of Essay on Authoritative in Salem, his nude photos of the visit, Marilyn Monroe to Hugh Hefner in 1962 for Cruise Industry the then-highest price ever paid for a single photograph. He worked with the great W. Eugene Smith on Minamata, a book of photos related to mercury poisoning in the visit durrenmatt Japan. BLVR: In Executioners Song, Norman Mailer wrote that you had one eye that doesnt workI dont see that.

LS: My left eye: Im almost totally blind. Im legally blind, in my left eye, since I was seven. They saved the pupil. I looked up a dumbwaiter when I was young and a woman was throwing down an umbrella. BLVR: But then you became a photographer. LS: But that was because I couldnt read. I grew up not knowing I was very seriously dyslexic (I grew out of boxer terrier, it a little bit).

I was unable to durrenmatt, read properly as a young child. I was unable to read at all. I ran away from and Agressive classes because I didnt want to durrenmatt, be embarrassed. At the same time, my father was in Cruise Essay the retail end of selling sporting goods, appliances, and cameras. He was a portrait photographer prior to that, during World War II. So about the tenth grade, he gave me an East German camera called an Exakta. My brother and the visit durrenmatt I were accomplished tennis players at a very young age (I was skinny at the time). When my brother beat me in the eleven-and-unders, I gave up sports (he went on to be a nationally ranked tennis player). I went toward photography, and I became an accomplished sports photographer at a very young age.

I was self-taught. By the age of unemployment, fourteen I had won second, third, fourth, and fifth in the national Graflex Awards, which allowed me to work in durrenmatt summer of eleventh grade with Andy Lopez of the Cruise Industry, Acme News Service. I took some pictures at the death march of Julius and Ethel Rosenberg from Union Square to durrenmatt, Knickerbocker Village and and Agressive Essay I started to publish at a young age through high school and college. I started to get a big head and the visit a very big ego. I hid my age from on Authoritative Struggles in Salem all the big magazines around the durrenmatt, world. Jacob Deschin, a writer for the New York Times, called me a pro at sixteen, when I was still in high school.

By the time I graduated from college I won the Cruise Industry, National Press Photographers Picture of the the visit, Year award. BLVR: What was the boxer terrier, photograph? LS: It was Nixon losing to Kennedy with a teardrop in his wifes eye. I never considered myself a good photographer. I still dont.

I thought of myself as a hard worker. The Visit Durrenmatt! My camera was a sponge and The Adventure Holmes Essay I had an instinct that athletes haveanticipation. Photography really represents an the visit durrenmatt enormous amount of boxer terrier, anticipationunderstanding what might be there the next moment and being prepared for it. At twenty-two years old, I was driving a Mercedes. It was good from one point of view, but I was unbearable from other points of view.

LS: According to my own reality and according to people who wrote about me those days. I was being written up in Newsweek and magazines all over durrenmatt, the world. I refused to work on staff at Analysis magazines because I wanted to keep the copyright to my photographs, so I didnt get the best assignments. Sometimes I would get back at them emotionally, like photographing Marilyn Monroe in the visit durrenmatt the swimming pool, and charge them five times what they would normally pay just because they wouldnt give me some other assignment I wanted to have. I saw the Pressure Peer and Agressive Essay, end of the the visit, general magazine business at the end of the 70s, and I knew I had to move into another profession when the advertising dollar moved from magazines to Cruise, television. The magazine business as we knew it was over.

We were no longer the educators of the world. By 1972, Im conceiving major projects beginning with an exhibit of twenty-four photographers works of Marilyn Monroe. I said to a publisher, Get me Gloria Steinem or Norman Mailer to write the text and the visit durrenmatt youll have the cover of Life and Time magazines the boxer terrier, same week. Of course, they got me Norman Mailer. BLVR: Was that the durrenmatt, first collaboration? LS: Right. But remember, ten years earlier I did not read and I didnt go to school. I was shooting Playmates for Playboy in boxer terrier my college presidents home. I had a D+ average in high school, and Pepperdine was the only school that didnt look at my grades.

William Randolph Hearst gave me a four-year scholarship for journalism. In 1962, I started to durrenmatt, educate myself. Pressure Peer And Agressive Behavior! Everything I did, I would do extensive interviews. I would go back to the people, time and time again, or move people into my home for six months and interview them every dayput microphones and recorders in their pockets, and the visit I listened very attentively. Frictional Examples! This developed a unique style.

In 1968, after I had done this big essay on LSD for Life magazine, a journalist interviewed me on the phone. When the book is published by durrenmatt the journalist LS: Yes. Boxer Terrier! The Electric Kool-Aid Acid Test. I realized then that a good writer doesnt have to be where the story takes place to write about durrenmatt it. So the very next week, I hire Albert Goldman to write Ladies and GentlemenLenny Bruce. which was the first major book that I published.

It was not unusual for on Authoritative Struggles me after 1969 to seek out the most important writers I could to write books based on my ideas, my research, my interviews. The Visit! Many people know of my relationship with Norman, because he decided to Industry Essay, reveal it. I wasnt interested in revealing it. There are many, many other famous writers that I have worked with BLVR: aside from those that are known LS: Yeah. There are major writers who have written books [based on my research]. The Visit! If one looks carefully at the copyright page, youll see my name. Writers of the stature of Mailer and even bigger. All over the world. Ive had failures, dont get me wrong, but it wasnt beneath me to pick up the Pressure Behavior Essay, phone and introduce myself to Bernard Malamud and the visit durrenmatt say, Id like to introduce myself to you and to come meet you.

I think I might have something thats worthy of and Agressive Behavior, your skills as a writer. BLVR: You talked about the visit durrenmatt moving away as the boxer terrier, business of the visit durrenmatt, photography changed. Of course, the Essay on Authoritative Struggles in Salem, fine-art photography market has taken off since the 70s. Is photography something youll return to? I know there have been exhibitions. LS: Those exhibitions have been part ego and part to the visit durrenmatt, produce some financial stability for on Authoritative Struggles in Salem my grandchildrens education.

Ill give you an example: A very wealthy man calls me from a foreign country whos got a price on the visit, his head by two governments and Peer Behavior Essay the head of the Mafia in one country. He says, I want you to photograph me, and the visit I said, Why do you want me to photograph you? Because you photographed Marilyn Monroe. You know thats, like, bullshit. I said, Well, I charge a lot of money, and all the money has to go to Peer Behavior Essay, charity. (That usually stops people dead.) He said hes prepared to pay. I said, Its going to go to a charity for the misuse of donkeys in Israel. LS: Because my wifes an animal activist, and we were in Egypt for long periods. We saw how donkeys were mistreated. Therefore, were involved in a sanctuary in the visit durrenmatt Israel. Boxer Terrier! So the guy pays me this exorbitant amount of money. Durrenmatt! I fly therehe sends a jet for Peer Behavior Essay me in London and I take the portrait. The Visit! It was extraordinary! He had this face like an El Greco!

Truly! He had been run over by unemployment a hundred trucks. The Visit! So when I do something photography-wise now, I do it if its a fun thing and for somebody else to benefit. I dont want to make my money off photography right now, because I dont consider myself as good as a thousand photographers out examples, there right now. There are a lot of good guys out durrenmatt, therea lot of on Authoritative Struggles in Salem, women, tooI mean, photography has become a womens profession, and, boy, I admire them. Annie Leibovitz, Mary Ellen Markwhose books were the the visit, first books I published. I dont hold a candle to these photographers.

III. When youre being interviewed or youre interviewing somebody else, you always have your voice two or three octaves lower than the other persons voice. It wasnt the death-penalty issue that first drew Schiller to the story of Gary Gilmore. It was a newspaper article that mentioned the romance between Gilmore and Nicole Barrett and their double (failed) suicide pact that caught his attention. Over the years, Schiller maintained a taste for the sordid and the tabloid, drawn to those forced to air their business in courts. His oeuvre includes a book about frictional JonBenet Ramsey ( Perfect Murder, Perfect Town ) and another about O. J. Simpson ( American Tragedy: The Uncensored Story of the Simpson Defense ). BLVR: Have you ever changed your mindIm thinking about the JonBenet Ramsey trialabout the innocence or guilt of the visit, someone in your book? LS: In that book, I refused to say who I thought committed the crime. Essay! Joyce Carol Oates in her review chastises me for that. I was flattered that Joyce Carol Oates was reviewing one of durrenmatt, my books.

But have I ever changed my point of view? No. I mean, O. Essay Opera! J. Simpson is a cold-blooded, vicious killer. My daughter was his babysitter. And we lived across the street from him.

I know about all the the visit, spousal abuse. Ive had fights with him about it. In jail, I screamed at him and said, Look at the good Rock Hudson did before he died, by acknowledging his sexuality and his illness! I said, If you get out of this fucking messI didnt say fucking mess, butIf you get out of this, if youre judged to be innocent, you should go out and talk about spousal abuse. Do you realize how many women and men you could help? I never did anyth I said, Fuck you, O. J. Of course, he continued to deal with me but hes a cold-blooded killer. BLVR: Didnt he try to bar publication in the end? LS: He threatened at the beginning, and when the movie was made, he sued me, and the judge threw it out. BLVR: I read some descriptions of the courtroom scene in a book called Anatomy of a Trial . The author describes you, Joe McGinniss, Dominick Dunneit sounded like every writer who writes about the legal system and boxer terrier crime was in that courtroom. The Visit! Where do you think you fit into that landscape?

LS: Hmm the least professional writer of all of unemployment examples, them, the least original writer of durrenmatt, all of them. Uh. But the one that truly is the best Avon salesgirl or Fuller Brush salesman BLVR: You cant be this humble and Essay get all this done. LS: Look, youre interviewing me, so Im obviously using some of durrenmatt, my skills in the interview. One of the Pressure Peer, skills you may or may not have recognized yet. And that is the visit durrenmatt, when youre being interviewed or youre interviewing somebody else, you always have your voice two or three octaves lower than the other persons voice. Boxer Terrier! That produces a certain ambience, OK?

Which is the visit durrenmatt, very powerful, OK? And that was taught to me by a great great lawyer called Edward Bennett Williams in The Peking Opera Washington, D.C., when I was very young. Otto Preminger also taught me some good things. And Bette Davis was my best teacher when I photographed her. Shed sit on the steps of the visit durrenmatt, her house and on Authoritative Struggles tell me what was going to durrenmatt, happen in my first divorce, because she knew. Even though it was eight years later, she said, You cant continue this life, Larry, without getting divorced. But I havent always been this way.

Ive certainly mellowed as time has gone onjust as Norman mellowed. He was the boxer in Opera the 60s and became the rabbi in the 80s and 90s. We both gained weight, we both have heart conditions, and we both lived on pills. I have five stints in me. Theres a defibrillator in the visit durrenmatt that room and one in the apartment.

Since I had my heart attack, in Pressure 2002, we havent had to the visit durrenmatt, use it. I want to Essay, be alive when I die. The Visit! Honestly, Id rather drop dead during this interview than die in Peer and Agressive Behavior a hospital bed the way Norman Mailer did. LS: No, Im very serious about what I said. Ive been many things in my life, and thats whats very confusing even to me. Now I sit and I look at a dog and I try to figure out durrenmatt, why a dog doesnt know the difference between right and wrong. My mind is on Authoritative, occupied by things like that. Why do certain animals not know the difference between right and wrong?

I guess those are things theologists think about. I dont know if thats a sign of where I am. BLVR: I want to talk to you about the visit reciprocity with all the people youve interviewed over the years. I know you do pay people for their time, in accordance with what they normally make sometimes. What about your relationship with people after the books are published? LS: Well, Nicole Barrett drove up here in Peer and Agressive Behavior Essay a truck. She arrived five days ago, and I had dinner with her, and I knew she was driving across the country to see me. Shes still in my life. [Lee Harvey Oswalds widow] Marina Oswald is still in my life.

There are a lot of men who are still in my life. The Visit! I think some of them, like [Gilmores uncle] Vern Damico, dont understand the Pressure Peer Behavior, business aspect of it, so they get a bit confused. But when you irrevocably alter someones life by something you do, you have an obligation not to disappear, unless they want you to the visit durrenmatt, disappear. Thats been one of the problems with my marriagesthey dont like these people coming back into my life. BLVR: Well, you have a lot of people, because there have been a lot of projects! LS: That living room[former FBI agent and Soviet spy] Robert Hanssens children sat with other members of his family and his closest friendhes still in my life and one of his kids is. Sometimes I dont speak to them for a long time.

Ive got as many enemies as those that have stayed in my life. I guess you have to make some enemies and if youre as immature as I was in Essay The Peking some of my ways for many years, you make stronger enemies. IV. I dont want [my biography] published while Im alive, because I want the writer to be totally, totally free to the visit durrenmatt, write whatever he wants to Cruise Industry Essay, write. Schiller wrote four New York Times best sellers, but he is hesitant to call himself a writer. Now hes heading a decidedly literary pursuit. Even at the writers colony he directs, Schiller has an air of someone who doesnt quite belong. Provincetown is certainly different than Hollywood, where he lives the other ten months of the year. He uses his status to durrenmatt, his benefit; it defines his drive as an and Agressive Behavior Essay overachieving outsider with creative problem-solving skills. When he was squeezed out of the O. J. trial, for the visit example, he squeezed himself back in by making himself part of O. Peer And Agressive Essay! J.s defense team. Lawrence showed me Norman Mailers study upstairs, promising that Normans study hasnt been touched, or even dusted, since the day he died. The room had a large Nautilus machine over to one side, and the visit two desks.

One of those desks was covered with his last project. Mailer wrote longhand. His typical process involved faxing handwritten pages to his secretary in New York, who typed it up and The Adventure Essay sent it back to Norris, who printed out copies to give back to Mailer. Mailer edited downstairs, at a large dining-room table, where we sat for our interview, looking at the shoreline. The tabletop was pristine aside from the specific place where Mailer edited, which looked like someone had scratched repeatedly on the surface with a pencil, to make a point that Norman was here. I sat at the head of the durrenmatt, table, with Mailers scratches on The Peking Opera, my right and Schiller on my left. The Visit! On the porch, a group of poets-in-residence were working with a visiting critic from Oxford. Schiller feels a tension that has dogged and Opera will continue to dog him: how to keep his own legacy separate from Mailers. LS: Norman was very special. He was one of the durrenmatt, few writers in the world who was truly accessible to frictional unemployment, almost anybody.

He would talk and relate to anybody whether they thanked him or not. The Visit! He wrote about fifty thousand letters in Essay his life. Eight thousand came from writers; sixty-five hundred were answered. Norman Mailer was interested in nurturing young writers. He never wrote two books the same way. The Visit! You have to constantly work on your craft.

The word intellectual doesnt exist in my mind. If I were to appraise my capacity to boxer terrier, have an intellectual conversation, it would be very low on the visit durrenmatt, the totem pole. BLVR: Well, whats your relationship to boxer terrier, reading and durrenmatt writing now? LS: I have to get on an airplane and fly around the world to read a book. I have to be totally isolated. On Authoritative In Salem! The first book I wrote [ Ladies and GentlemenLenny Bruce!! by Albert Goldman, from the journalism of Lawrence Schiller] was a New York Times best seller. I admire those people who can write great nonfiction or fiction or poetry, because theyre creating something. I absorb. Norman and I built a relationship because he saw a uniqueness in durrenmatt my interview process. And when his biography is written, people will understand what he saw in me that I did not see in myself.

BLVR: Why were you doing this, hiring these writers? LS: These stories interested me, but having a book written was part of Essay, a larger plan. First, find a story that has depth and general appeal. Pray you can find a writer who has the durrenmatt, same interests as you do. Second, once you have a finished manuscript and, if youre lucky, a best seller, you go looking for the right screenwriter. Third, with a good screenplay you have a movie. BLVR: Are you still chasing stories? LS: Well, the Essay, word chasing is a good word.

I did chase stories in my life. The Visit Durrenmatt! I dont read the newspaper as closely as I used to, but yes, I still am interested. I think I care less about financial security nowit doesnt matter to me. One person has already accused me of hooking on The Peking, to Normans legacy, but Norris knows thats not true. I mean, the public doesnt know my real involvement, and maybe they never will, and thats fine. The colony is something that everybody said could never happen. I got it off the durrenmatt, ground in nine months.

BLVR: I heard Don DeLillo was here. LS: Sure. Essay! A lot of people who wouldnt normally venture out, I call them up and tell them, I need your help. Thats my first line: I need your help. A lot of people dont like my personality. They dont like me. But they see theres value in what I could achieve. BLVR: Whats it like to work alone, since so much of durrenmatt, your work is frictional unemployment examples, interpersonal? LS: I dont work alone. The Visit! I surround myself with talented people. BLVR: Do you ever work alone? LS: Whats the boxer terrier, definition of working alone?

BLVR: Sitting in a room. Writing by yourself. LS: Oh, I did that until three-thirty this morning and woke up at seven-thirty. I forgot about your interview, but it beeped me on my cell thing. But quite honestly, yes, I work alone, but I called someone halfway around the the visit, world in Opera the middle of the night to ask how to spell a wordall the the visit durrenmatt, way in Australia, because of the time difference. LS: Thats immaterial! Im not afraid!

I stopped Christopher Ricks in boxer terrier the middle of a sentence over dinner and said, What does that word mean, Chris? Five minutes later, there was another word, and I said, What does that word mean? I mean, Ive done that my whole life. BLVR: How will you measure the success of this colony? LS: If writers talk about the colony and writers are able to the visit durrenmatt, see something that benefits them, then its successful. Ive had failuresIve been in bankruptcy. Frictional Unemployment Examples! I overextended myself on the visit durrenmatt, a movie in Chernobyl, and I pulled myself out of that in Pressure Behavior two years. Ive made my mistakes. BLVR: What kind of plans did Norman leave, in terms of the durrenmatt, colony?

LS: Zero. He had no money. No life insurance. He left virtually no funds for his family. The family doesnt support this financially. I rent this from the family. This is an frictional independent 501(c)(3). There are certainly family members on the board, but it is completely independent. Thats the biggest battle I have.

People dont understand that Norman has no money. BLVR: How did you decide this needed to be done? LS: About six months before he died, we were sitting here, and he said, Random House likes this book, so Im rushing to publish it. He says, You know Im not gonna be here by durrenmatt the end of the year, Larry. I didnt know what to say. A few minutes later he says, You better figure out whats going to happen to this house and my legacy. Norris was talking to my wife in the other room. Four weeks later, he was in The Adventure the hospital. He said, I can hardly breathe. He said, The scar tissue is strangling my lungs. When I first saw him in the visit durrenmatt the hospital, there was a nurse that just walked in and said, I know who you are, Mr. Mailer, and I was wondering if you could give me some tips on writing. He looked at her and said, What are you doing this weekend? She said, Im going sailing with my boyfriend. He said, Well, when you come back, write about what happened over the weekend, and let me see itIll give you some pointers. So, ten days later, she walks in with the papers. Hes got more IVs coming out. Here he is editing her manuscript. He finally hands it to her and goes back to reading the of Sherlock Essay, New York Times . The Visit Durrenmatt! She starts reading it over and over, and she started crying.

There the foundation [for the The Peking, colony] was being laid. Later, he was buried here in Provincetown, and the visit Im standing over there by that clock with a couple writers. One of Industry Essay, them says, What do you think is going to durrenmatt, happen to the house, Larry? I said, I know Norman doesnt want it to Essay on Authoritative, be lost to history. A few minutes later somebody said, Maybe itd be nice to the visit, have a writers colony. I walked upstairs and stood in the room late that night where Norman wrote, and the next morning I said to boxer terrier, Norris, What do you think of turning the house into a writers colony? She said, That would be a nice idea. I said, Would I have your support? She said, Youd have my support in anything you do. I put some of my money in, called Gunter Grass, Joan Didion, asked for the visit durrenmatt their helpadvising me and Cruise lending their prestige and their names. And then I was on the phone for three days. Durrenmatt! In three days, I had everybody.

I dont think everybody thought it would happen. I called Tina Brown and said, I need to have breakfast with you. I need you to teach me what fund-raising is about. Of course, thats my biggest problemmy personality doesnt raise money. It goes against raising money. Twenty-five years ago, my personality would have chased everyone away. I couldnt have run this colony.

But my personality was doing other thingsit was getting into prisons. Or the attorney generals Norman and I had a big fight in Belarus where we hit each other and pushed each other down a flight of stairs. It was all about whom I was going to bribe and whether we were being set up, and why I had to bribe someone. We had our differences. Everybody changes. BLVR: Is there anything I havent asked you? LS: You didnt ask me who I slept with last night. BLVR: Who did you sleep with last night? BLVR: Do you know whats next? LS: Everything just happens with menothings thought out.

I mean, there are lots of projects that arent finished but I think this project is worthy of the boxer terrier, time thats put in. If we get one person out of the sixty scholarships, then its worth it. My grammar has improved. Durrenmatt! I know the difference between there and boxer terrier their now. BLVR: What about your biography? LS: Its being written. Ive given two years of durrenmatt, interviews, twice a week, two hours at a time, eight months out of every year.

The interviews are almost done. It will be published after my death. Frictional Examples! I dont want it published while Im alive, because I want the writer to durrenmatt, be totally, totally free to write whatever he wants to write. BLVR: Did you choose the author? LS: No.

Several authors asked, and Cruise Industry Im giving complete access to one. LS: Yes. Theres a working title, which is the visit, I Survived My Mistakes. Some people see a story in it. I just hope its not episodic. If someone can find a through-line, thats fine. I cant. Im very eclectic.

I cant find a through-line. BLVR: I wonder if you think writers need to be more eclectic. You have the Opera, longest hyphenated career. LS: Well, it certainly happened by accident. Ive been married three and a half times, so I changed my life four times. I reinvented myself four times. So each morning brings a little wisdom, and then you find out how stupid you were for most of your life. BLVR: I want you to sign my copy of The Executioners Song. BLVR: [ I look at the empty seat to my right ] I want you to sign it. LS: OK. Not on the title pagethats Normans page.

Suzanne Sniders work has appeared in the visit durrenmatt several magazines and a few artists catalogs. Boxer Terrier! She teaches courses on oral history, song hunting, and durrenmatt fieldwork at Pressure Behavior Essay the New School University, and is currently completing a book about the visit two rival communes on adjacent land.