Saturday, January 25, 2020

Character Study in Manual Puigs Kiss of the Spider Woman Essay

Character Study in Manual Puig's Kiss of the Spider Woman On the surface, Manual Puig's Kiss of the Spider Woman is about politics and oppression. Caged literally and figuratively in an existential cell, both Molina and Valentin are wards of a police state and are therefore powerless to change their circumstances. But the novel is really about how spiritual freedom is cultivated and made manifest by Molina's retelling of his favorite movies. Because the substance of the films is first filtered through Molina's perspective, his perversion of the characters and plots reflect his own progression from an oppressed prisoner to a heroine who freely chooses the path to her own death. That Molina identifies himself with the heroines in the films is unmistakable by the end of the novel. In the first movie he tells to Valentin, a woman who involuntarily changes into a panther whenever she kisses a man is parallel to Molina's life as a homosexual man in a society that condemns him. The panther woman's love is dangerous, and so is Molina's. His fatalistic view of his place ...

Friday, January 17, 2020

Baker v. Osborne Legal Review

Thomas Baker and others bought new homes from Osborne Development Corp. The new homeowners later filed a complaint against Osborne Development Corp. for multiple construction defects in the houses they purchased. The complaint alleged causes of action for strict liability, and other breaches of contract, and negligence. Baker and the other homeowners had along with the home purchases signed a builder application form containing the following language: â€Å"CONSENT TO THE TERMS OF THESE DOCUMENTS INCLUDING THE BINDING ARBITRATION PROVISION contained therein.† By signing the application, the homeowners were presumed to have â€Å"agreed to the terms of the warranty. † (Baker v. Osborne Development Corp. , 2008). The question posed is whether the new homeowners are bound by the arbitration agreement they signed, or whether they could just sue Osborne Development Corp. in court. The Fourth Appellate District of the California Court of Appeal answered both questions in its 2008 decision when it held that arbitration provisions in the HBW 2-10 warranty were â€Å"unenforceable,† because they were â€Å"unconscionable.† The warranty was unconscionable because the arbitration language was broad and did not â€Å"clearly and unmistakably† reserve the sole authority to decide whether the arbitration provision was enforceable to the arbitrator. The arbitration provision was procedurally unconscionable because it was hidden in a booklet not available when Baker executed the warranty application. It was substantively unconscionable because it was solely intended to benefit Osborne, as Osborne would have no reason to sue Baker after the close of escrow. In NCR Corp. v. Korala Associates, Ltd., (2008), the court of Appeals weighed the issue by determining the scope of the arbitration agreement based on the reason that a party should not be compelled to arbitrate a dispute which it has not agreed to arbitrate. To determine whether or not a c ase is arbitrable, the Sixth Circuit looked at the allegations in each count of the complaint to determine whether the agreement was a necessary part of each claim. The standard used by the Sixth Circuit was this; whether â€Å"an action could be maintained without reference to the contract or relationship issue† (NCR Corp.v. Korala Associates, Ltd. , 2008, p. 4). If it could, then it is likely to be outside the scope of the arbitration agreement. Going by the Court decisions in Baker and NCR, the homeowners are not bound by the arbitration clause, and are therefore free to pursue damages in a court of law. References Baker v. Osborne Development Corp. (2008) 159 Cal. App. 4th 884 [– Cal. Rptr. 3d –] NCR Corp. v. Korala Associates, Ltd. , No. 06-3685, 2008 WL 140978 (6th Cir. Jan. 16, 2008)

Wednesday, January 8, 2020

Analysis Of Dracul Old Vampire / Nobleman From Transylvania

Characters: Count Dracula: Old vampire/Nobleman from Transylvania, lives in the Carpathian Mountains, evil, can transform into a bat and is very strong, powerless during the day or when he’s not welcomed in someone’s house, cannot cross water = needs to be on some other transportation like a boat Jonathan Harker: A solicitor that is sent to the castle oversee the plans of Dracula’s purchase of an estate in London, naive and young, trapped inside Dracula’s castle, wants to escape and tries to, brave, suffers a brain fever Mina Murray: Harker’s fiancee, works as an assistant schoolmistress, best friends with Lucy, victim of Dracula, represents christian faith, purity, innocence, typical victorian woman, helps Hark and the doctors to Dracula and his castle, smart, helpful Lucy Westenra: Best friends with Mina, engaged to Arthur, many men like her, becomes a vampire, compromises her christian faiths, is put at the stake by the doctors to get rid of her evil spirit Van Helsing: Professor from Holland, smart, very advanced scientist, tries to fix Lucy, helps to fight Dracula, knows about vampires, not just about science, knowledgeable on almost anything, leader of the group, main one trying to destroy Dracula John Seward: Young doctor who works at an insane asylum near Dracula’s recently purchased estate, is in love with Lucy, tries to help her as much as he can when she turns into a vampire, Van Helsing’s student, has one patient that seems to be under Dracula’s control Arthur