Database Dissertation Search and Research
A total of 22 public universities gave response by providing details about the students in their doctoral programs. The survey conducted used questions of an open ended nature and demographic questions as well to gauge the committee chair-student relationship. These relationships were measured based on the “Major Professor mentoring scale”. The survey encompassed 269 students and an 86% percentage of responses were obtained. Thereafter, an analysis was conducted to find out what defined these observed relationships. Typically the sampled were students averagely 44 years of age, mostly Caucasian, married and with children. Most of them working whilst pursuing their PhD. Programs were selected depending on location and most of them traveled an averaged 85 miles to campus.
Typically the committee was chaired by full, associate or tenured professors aged 46-70 years and of Caucasian origin, with most of them being married and carrying out research projects under funded programs. A large number of the candidates surveyed stated that they had known their chairs for about five years. The study findings indicated that mentoring was common in most of the student-committee chair relations. The relations were dominantly positive, however; there were few reported weaknesses. The relationships had for composites: role modeling, support in dissertation work, scholarly coordination and collaboration as well as psychosocial support which was identified as the component of the relation. Role modeling got the highest positive support. Second in rating was dissertation and psychosocial support. Scholarly support was rated neutral, and may thus have been less frequent an interaction. Variables in demography were not used as predictors of the mentoring scores within this work (Lynn, 1999).
The processes’ importance is emphasized within the integrated, comprehensive, and tiered model of preventing such problems. The dissertation presents screening tools under current application in measuring the two elements over a period of time. It also highlights challenges and problems that may be related to these tools’ application. The findings are specific in defining the use of the measures in evaluating the general levels of academic performance over time and in identifying the students that require different levels of preventive measures. The work also offers responsibility and considerations that should accompany the process for the involved parties such as policy makers, practitioners and researchers (Menzies et. al (2010).
Identification of the Educational Need and Rationale
Identification of the Educational Need and Rationale
There is limited knowledge and skills in areas such as palliative care, rehabilitation and continence promotion. Enhancing the knowledge and skills of home care nursing is vital as it will arm them with appropriate strategies which will be used to handle problems in the nursing home. Similarly, the nature of home care that is extended to patients who could be in critical health thus more caution should be put in place (Ryan and Serdyukov, 2007).
The other educational need is the essence of degree and diploma programs that are concerned with nursing but also more emphasis should be laid on the short courses which offer equally vital skills to home care nurses. These short nursing courses are essential in nursing as the level of learning and skills associated with each course are different. Consequently, the short courses are very divergent as some of them could be based on activities which are not taught as part of the degree or diploma courses. Therefore, it would be advantageous for home care nurses to diversify their skills so as to include essential but related skills such as counseling (Ryan, 2007).
Another vital educational need is the lack of practical as well as theoretical skills for the nurses who are involved in home care nursing. The situation is even worse where specialist advice on nursing issues is concerned as the number of well educated nurses is few in the home care sector. The specialist advice is important where highly professional care is required for the patient especially in places where health facilities are inaccessible such that the advice of the nurse is relied on before a doctor arrives. Such include first aid and extra knowledge on the health condition at hand (Ryan, 2007).
Goals/learner outcomes for the lesson
The instructor has to interact extensively with the students in order to support their inquiries and at the same time understand their special learning needs. The instructor as the role model has to mingle freely with the learners to try and identify the areas which should be covered intensively, as well as, guides the nursing students in selecting the most relevant short courses (Ryan, 2007).
The other learner outcome is based on stimulation of discussions regarding the home care nursing and all that is incorporated in the activities. For example the instructor can ask the student nurses to name the various activities which are used as part of various home care tasks and make phantom demonstrations of the same tasks. This will be used as a guideline to determining the level of understanding which is presented by the nursing students. The discussions and demonstrations can also be used to identify the educational needs as the instructor will be able to gauge the exact needs at more professional level (Ryan, 2007).
The learner outcome of students in nursing taking overall responsibility of their learning is another of the goals in the home care nursing topic. The student nurses have to be made responsible for their own learning by ensuring that all the students undertake active participation in class by making the learning sessions extremely interactive. The learners should also make their own arrangements being guided by the teacher to understand the essence of playing active roles in practical lessons, as well as, being keen in meeting the requirements of the nursing course in terms of being competent in all areas. Under the active participation, the instructor also introduces the short courses on specialized nursing advice which can be pursued as the student undertakes their degree or diploma programs (Ryan, 2007).
The lesson should provide adequate insight to the significance of meeting the educational needs of the student nurses such that the content of the lesson should help in elevating the situation. The lesson context should be in line with the prevailing situation which will make it easier for learners and the instructors to bridge the gap between the skilled home care nurses and the unskilled home care nurses (Ryan, 2007).
Similarly, the lesson should provide adequate opportunities for the instructor to ensure that the students are exposed to various practical scenarios such that when faced with the real problem in the field or at home they will be in a position to handle it professionally. The learners should therefore be in a position to undertake the activities which are demonstrated by the instructor in the course of the lesson (Ryan, 2007).
The lesson objectives are also tailored to cater for theoretical as well as practical sessions where the skills and knowledge on various home care activities are engaged. The practical sessions which are at times carried out in the form of demonstration using dummies serves as integrative aspects of the learning process so as to increase the understating capability of the student nurses. From past research, demonstrations or practicals play a vital role in enhancing the understanding ability of the learner such that the skills taught through demonstration are more likely to be well perceived than those which are taught theoretically. This is attributed to the fact that students with cognitive problems are able to comprehend the learning process much easier if the instructor avails the demonstrations (Ryan, 2007).
The other learning objective is based on meeting the specialist skills and knowledge needs of the learners. This is attained by ensuring that all student nurses who attend the class are not only interested in home care but also capable of utilizing the learnt skills in the real home care tasks.
Identification of instructional design model, learner characteristics and learning theory Instructional design model
The rapid prototyping is the most appropriate instructional design model for the home care topic where the problem is addressed as soon as it is identified to reduce loss of resources such as time and money. The design incorporates carrying out adequate analysis of the issue to be addressed which is often conducted in due time to avoid unnecessary delays. Similarly, when choosing this design as an instructional model, the instructor has to lay down specific objectives which should be met by the design such that any objective which may prove unattainable is adjusted before incorporating the design model (Hokanson and Miller, 2009).
When identifying the learner characteristics it is vital for the instructor to carry out relevant learner characteristics identification. This is attributed to the fact that in nay class there are various categories of learners with unique traits. For instance learners with hearing disabilities will gain more knowledge from the practicals or demonstrations while those with low cognitive abilities perceive ideas better whenever the instructor applies the live demonstrations to the theory (Ryan, 2007).
Similarly, students who possess kinesthetic traits are able to develop better learning outcomes if the instructor delivers the lesson content using their most preferred way. However, this may not possible as most of the nursing classes are rather big hence the teacher has to work with an average or wide range of the learner characteristics so that others may not feel left out in the learning process (Ryan, 2007).
There are a number of learning theories which are applicable in the nurses learning process. For example the behavioral theory which credits the learning process among humans as being facilitated by the environmental stimuli hence the student nurse who is exposed to the appropriate learning environment tends to have a better understanding ability regardless of their cognitive abilities. The other learning theory of cognition creates a close link between the behavior of the learner and the mental activities they engage in such that the nurses’ ability to execute the home care activities effectively is based on their cognitive ability (Ryan, 2007).
Completion of content outline
Complete of content outline is based on the complexity or simplicity of the matter at hand such that the broadness of the subtopics or other related topics in home care nursing should determine the amount of time taken to complete the content outline. However, in nursing where theory and practical activities are given equal importance, the content outline should be completed in due time to allow the student nurses sufficient time to engage in phantom demonstrations amongst themselves so as to hone their skills. However, each lesson should be conducted within the specified time period to avoid conflicts when content is forced onto students or lack of interest when extremely long lessons are held in a bid to complete the content outline (Ryan, 2007).
Instructional methods to be used for delivery
There are no accurate instructional methods in nursing which can be branded as effective in delivering the educational needs in home care nursing knowledge. However, through the learner characteristics the instructor can choose the most appropriate instructional method for use in the lesson. Based on past research, the instructor should use a wider array of the methods so as to increase the learner’s ability to comprehend the concepts being taught in class (Hokanson, 2009).
For example when using PowerPoint to deliver the home care lesson, the instructor should ensure that the slides are not over packed with words but rather the key points should be laid out. These are then followed by the instructor’s detailed explanation based on the key points outlined on the slides. PowerPoint is also efficient in presenting diagrammatic content as the instructor can also include colored illustration which capture the learner’s attention as well as enhance their cognitive abilities due to the colorful presentation (Hokanson, 2009).
The theoretical approach should be accompanied by adequate pictorial or practical demonstrations and interactive opportunities where the instructor gets to discuss the concepts of the lesson. Interactive discussions are helpful as instructional methods as they engage the learner directly in the delivery of content (Hokanson, 2009).
Instructional materials and resources to be used
The lesson on home care nursing will include use of the following materials;
- Handouts containing the various home care activities and processes
- A computer and projector for the PowerPoint presentation with slides with colored diagrams of the demonstrations. The slides could also contain the instructors summarized notes which are the basis of the lesson
- A specialist in the home care nursing such as a professional who has worked in rehabilitation facilities could be a resourceful material in the specialist care information.
- Dummies or dolls could also come in handy as instructional materials especially in the demonstrations.
- The instructor can avail articles written by nurses on the home care field and its requirements such that the students can learn from other nurses who have been I the field.
Identification of evaluation methods
Formative assessment is the best evaluation method for the student nurse as it creates a diagnostic platform which is used to determine the level of understanding in the learner. The other reason as to why formative assessment is the best evaluation method is due to its impact on the overall learning process where the instructor or peers play a key role at ensuring that the learner is on the right course. Formative assessment as a diagnostic procedure evaluates the current skills and knowledge that the learner possesses so as to prepare the most appropriate program to solve the identified problem(s) (Hokanson, 2009).
Hokanson, B., & Miller, C. (2009). Role-based design: A contemporary framework for innovation and creativity in instructional design. Educational Technology, 49(2), pp.21–28
Ryan, M. and Serdyukov, P. (2007), Writing Effective Lesson Plans: The 5-Star Approach. Boston: Allyn &Amp; Bacon.
Pathos is an appeal that is most likely to move the audience into responding in a desired way. Pathos is appeals used to intensify the audience attention to respond to a case instead of shying away from an action. The creation of pathos goes beyond abstract moral appeals and superficial coverage of an issue. This is a strategy that has been used by students, writers and protesters to argue on a point which may be on anti-abortion, proponents of euthanasia or in academics so as to make a tutor raise the grades of a student. Such appeals are legitimate because they intensify responses rather that diverting those responses.
The use of pathos is helpful because they help in passing across the non logical but not non rational isdes. Effective use of pathos helps in revealing the fullest meaning of an issue especially through the improvement of sensory details used by a writer, speaker or a student. Illegitimate use of pathos include cases when they are used to confuse an issues instead of clarifying an issue, for example when a student would want higher grades because he/ she pities his/ her grandmother for her dreams will be shuttered when he loses the scholarship. Such a case diverts from a criteria that is rational to an irrational one.
Creation of pathos appeals can be based on the following four strategies;
$1A.) Concrete language:
The use of concrete language generally heightens an argument and at the same time heightens pathos. To achieve this, the writer has to use an appropriate voice increases the liveliness, the personality and interest of a writer’s prose or a speakers speech
$1B.) Specific examples and illustrations
Specific illustrations and examples are effective because they do give an evidence that support ones arguments and emotional reasons.
Narratives are powerful tools that can tell a story about the claim a writer or speaker is arguing about. They help listeners and writers in understanding the topic for they appeal to their imagination and feelings. They can also be used as attention grabbers.
$1D.) Connotation of words, analogies and metaphor
The right selected words, analogies and metaphors appeals to the creation of pathos. They help in framing an issue to fit the readers and listeners to see the angle the speaker/ writer is deriving his vision.
Pathos chapter seven beginning on page 132./”
An easement is the right to use the property of another person without possessing it. Easements are important as they provide pathways across two pieces of property. An easement is considered as a property right in the common law (Jennings, 2007). Most jurisdictions treat easement as a type of property. The right of an easement owner varies from one jurisdiction to another. Common law courts enforced four kinds of easement. That is the right of way or an easement of way and easement of support. Other kinds of easement include easement of air and artificial water ways. There are two categories of easement. That is affirmative easement, and negative easement. Affirmative easement is said to be the right to use another person’s property for a specific purpose. Negative easement involves restriction of carrying out activities on another persons land. For example, an affirmative easement allows a land owner C to use drive way for land D. Then C has an Affirmative action from D. An easement requires two parties.
That is the party gaining benefit of the easement referred to as dominant estate. The other party is called servoient party and he is the party granting the benefit. This paper is aimed at preparing a joint way easement for Mr. Land and Mrs. Acre (Kurtz, Emmans &Blatt, 2005).Mr. Land is of 124 west main street house 1 in El Centro in California and Mrs. Acre is of house 2 126 west main street in El Centro in California. Mr. Land and Mrs. Acre share a common drive way. The drive way belongs to Mr. Land, but Mrs. Acre has requested Mr. Land to allow him use the drive way back to her home. Also Mrs. Acre intents to pay Mr. land $2000 for the easement right during the agreement process (Hinkel, 2007).
Drive way easement agreement
Mr. Lands, who is the grantor of the drive way easement, and the owner of the drive way property
Address 124 west main street
CountyEl Centro and lot 1
And Mrs. Acre who is the Grantee of the drive way property adjoining the drive way property for Mr. Land.
Address 126 west main street
CountyEl Centro and lot 2
The grantor having received a sum of $2000 for easement rights of the drive way path. Does hereby grant to grantee a drive way easement for the following purpose:
The drive way easement is granted to Mrs. Acre to use it to go back to her house. The grantor grants Mrs. Acre permanent rights to use the drive way (Mossman & Flanagan, 2004).
Affirmative rights and interest conveyed in the drive way easement.
To fulfill the purpose of this drive way easement, the following rights and interest are conveyed to the grantee Mrs. Acre by this drive way easement:
1. Mrs. Acre is granted the right to protect, and preserve the drive way easement. This is to ensure that the drive way easement is in good condition, and it is used in the right manner.
2. Mrs. Acre is granted the right to inspect the property, observe it, and study the easement property so as to identify the current uses of the property. She is given the right to monitor the uses and practices regarding the drive way easement to determine whether they are consistent with the drive way easement granted.
3. Mrs. Acre is granted the right to prevent any activities or use that is not in line with the purpose of the drive way easement. She is also granted the right to restore features of the easement drive that are damaged by the inconsistent use of the drive way easement.
Mrs. Acre shall bear all the maintenance costs of the drive way easement. She shall perform repair and maintenance of the drive way easement at the right time and in the right manner as mutually agreed in the easement agreement.
Equal rights of use
Both Mr. Land and Mrs. Acre, their relatives and invitees have equal rights to use the drive way easement without any restriction.
Any delay and omission by any of the parties in exercising the rights, and powers arising out of the terms and conditions of the drive way easement agreement shall be considered to be a waiver of the right and power (Jennings, 2007).
No public dedication
Nothing in the easement agreement shall be considered to be a gift of any portion of the drive way easement granted under the agreement to the general public or to be used for any public purpose(Jennings, 2007).
The grantor of the drive way easement is granted the right to protect the drive way easement from any unlawful entry, and trespasses by any other person whose activities may harm the drive way easement. He should undertake any action to protect the easement drive. The grantee shall not prevent the grantor from undertaking any action to protect the drive way easement and she shall not hold the grantor liable for any damage caused to the drive way easement (Bevans, 2008).
If the grantee of the drive way easement determines that, the grantor of the property violates the terms of the drive way easement or the violation is threatened, then grantee shall give written notice to the grantor of the violation. After giving the notice, then the grantee shall demands corrective measures to overcome the violation caused by the grantor. If the violation has caused damage to the drive way because of inconsistent use and activity, the grantee shall demand corrective measures to restore the damage. The grantee can take legal action if the grantor does not cure the violation within a period of 30 days after receiving the notice from the grantee, or the violation cannot be cured within 30 days. Also, the grantee can take a legal action when the grantor fails to begin curing the violation within a period of 30 days, or fails to continue curing the violation until it is finally cured. This will help the grantee recover the damage. She can also bring an action at law to enforce the terms of the drive way easement (Karp, Klayman, Gibson, 2003).
Costs of enforcement
Any cost incurred by grantee when enforcing the terms of easement against grantor such as restoration cost to violation of the drive way easement shall be borne by the grantor of the easement. If the grantor incurs any cost when enforcing the terms of the drive way easement, the grantor’s cost shall be borne by the grantee (Karp, Klayman, Gibson, 2003).
The drive way easement may only be amended by the grantor and grantee using a written agreement. The amendments made to the drive way easement should be inconsistent with the purpose of the drive way easement, no additional information should be added. Any amendments made should be recorded in the official records of the county of El Centro, state of California (Karp, Klayman, Gibson, 2003).
Controlling law for the drive way easement. The performance and interpretation of the drive way easement agreement shall be governed by the laws of the state of California (Dunham, 2008).
If any terms or conditions of the drive way easement or the application of the agreement to any person is considered invalid, then the remainder of this agreement or the application of the terms and conditions to persons other than those to which it is held invalid shall not be affected. Each term and conditions in the drive way easement shall be valid and be enforced to the extent permitted by the law (Dunham, 2008).
This instrument places the entire agreement of the parties with respect to the drive way easement. It supersedes all discussions, negotiations and agreements that relate to the drive way easement (Dunham, 2008).
The grantor agrees that reference to the deed will be made in any subsequent deed or any other legal instrument (Emmanuel, 2004).
In witness where of, the grantor has executed the deed of this easement the 5th day of May, 2010.
Sworn to and subscribed before me this day of 5th, may, 2010.
Sworn to and subscribed before me this day of 5th, may, 2010.
Dated 5th, May, 2010
Name Emily David
State of California
County of El Centrol
This instrument was acknowledged before me on 5th, May, 2010
By Land brown
Notary public, state of California
State of California
County of El Centro
The undersigned an interest in real estate subject to easements described in this agreement does hereby consent to the foregoing and does hereby subordinate its interest in the same.
Personally came to me this 5th day of May 2010, the above named executed the above and foregoing instrument by its authority and acknowledged the same to me.
Name Mrs. Acre
Notary public, state of California
Legal description of the drive way property
The drive way is part of lot 1 and lot 2 found in certified survey map number 11950.It is recorder in volume 82 of the certified survey on page 315.The drive way property is located in west main street in El centro California (Emmanuel, 2004).
Hinkel, D. (2007).Essentials of Practical Real Estate Law. Cengage Learning
Jennings, M. (2007).Real Estate Law. Cengage Learning
Bevans, N. (2008).Real Estate and Property Law for Paralegals. Aspen Publishers Online
Kurtz, J., Emmans, J., &Blatt, A. (2005).Residential Real Estate Transactions. Emond Montgomery Publication
Mossman, M.,Flanagan,W.(2004).Property law: cases and commentary. Emond Montgomery Publication
Karp, J., Klayman, E., Gibson, F. (2003).Real estate law. Dearborn Real Estate
Dunham, B. (2008).Introduction to Law. Cengage Learning
Emmanuel, S.(2004).Property.Aspen Publishers Online
Washington State: Enhanced Earning Capacity
Washington State: Enhanced Earning Capacity
Some states in America consider professional degrees earned during marriage as marital assets while some do not. This paper examines some empirical and conceptual issues which arise after a divorce before a solution is reached. The paper will provide views on professional degree in regards to how Washington State considers the issue. As part of the topic I will also explore the importance of CPA forensic accountants in determining the constituent cost measure of a couple after divorce.
It has been a perplexing problem on how to treat a professional degree at the moment when a marriage has ended up in divorce. This is a case where by a husband may earn a degree when he has married. The wife takes care of all the domestic duties including caring for the children. The couple then accumulates tangible assets after the husband has acquired his degree. Eventually, the wife may decide to file for a divorce. Such a scenario may be the other way round where by the wife attains the degree while the husband takes care of the household and the children. In such a case various questions may arise in that can the wife just leave the marriages together with his husband’s degree which she greatly facilitated for the husband to acquire it? Or that the husband has to realize that the increased earning for his degree leaves no choice for him but to perform his obligation to care for the children?
Couple property and liabilities in Washington State
In Washington, divorce is called is called a ‘dissolution of marriage’ according to the governing of RCW 26.’09. Washington equitable distribution stature permeates that all property owned by a couple be divided at the time of divorce. In Brown v Brown case however, the Washington court of appeals held that diminished earnings and lots wages capacity own up to the time of separation are referred to as community property. The Washington status requires that the divorce court makes am disposition of liability and property of the couple as either separate or community, as this shall appear equitable and just after all the relevant factors are considered (Washington Rev. code Ann.§ 26.09.080., west 2002)Washington is the only community property state that utilizes an all approaches to determine the division of property owned in a marriage.
The statute recognizes that for the sake of the wellbeing of the community, each spouse will receive equal shares in the finances of the couple. This kind of property is referred to as community property such as house, pension, finances, savings account, wagon, and investments. Separate properties, which is a second category are those properties owned by one of the spouse. Such property include, new assets bought by the proceeds of an individual. The state recognizes this by the applicability of the doctrine in case laws; for example, in the case of remarriage of Chumbley. The Washington Supreme Court stated that the property will remain separate through transitions and changes if the property remains identifiable and traceable but if the property becomes commingled it will be impossible to apportion or distinguish it. Therefore the property becomes a community property (Gregory, Richards, &wolf, p 29)
The intellectual property
The classification of marital property as either being a community or as a separate property is easy but when it comes to intellectual property, different states have different opinions. This is l because marital property is that which has been acquired during marriage. Just like retirement benefits, intellectual properties is that which is gradually acquired as necessary efforts and funds get accumulated and invested. It involves royal contracts, patience, sacrifice and combined effort of both parties. Therefore intellectual property interest can only be acquired when the owning spouse provides necessary efforts and not when that intellectual property is actually received.
Classification of intellectual property as either being a marital or as a separate property in Washington depends on the day the patent was acquired. This is that, if the holder of the degree acquired the degree shortly after the start of marriage, the intellectual property is considered as a separate property. Similarly, if the spouse expense all the efforts needed during marriage and the patent is received a week after classification then this should be considered a marital property. In another case is where the work is done partly after or shortly before the marriage then, logically the patent should be considered as being both a separate and a marital interest; (National Legal Research Group Inc. 2010)
Universally, it is acknowledged that a degree is a value attributed to personal efforts and processing. This is why some, courts have refused to accept that a degree is marital property. The acceptance of a degree as a marital asset will therefore have to be evaluated on diverse set of considerations. The most appropriate measure should be discounted on the difference between the income; first, without the degree and future earnings with the degree. This approach can however be difficult especially when one goes through the higher education learning system, without any work or earning and then immediately divorcing after attaining that degree. This is because the two mainstreams; salary before the degree and after the degree have to be compared.
An average degree holder relatively earns a higher income than a non degree holder. This increased earning capacity cannot be separated from the individual processing it. Therefore, the other spouse is entitled to be compensated. And this can be done through the cost measure which states that the results will be unjust if it only aims at enriching the degree holder. Also, if the value of the degree is beyond the cost of obtaining it, and the supporting spouse is compensated on basis of the cost alone, then the degree holder will not reap the whole ‘profit’ from the combined effort of attaining the degree. The cost measures should therefore be done on equity grounds. It should be a fair deal based on compensation on the monetary cost incurred in the acquisition of the degree.
CPA involvement in divorce engagement
CPA forensic accountants are hired to represent the spouse who doesn’t have access to the family financial information. They are the ones to determine the cost measures in the present and in the future by determining what the other spouse who is a degree holder will earn in the next couple of years. This is especially when the degree has been proven to be a marital property and equal amount of the earning has to be shared among both parties. They have to review the financial data to determine the reasonableness and the accuracy so as to determine each spouse’s dispensable income, and living standards. They also have to locate all hidden assets to determine what property is marital property or what separate property is.
This normally comes handy when the spouse run closely held business. Normally, in allocating the hidden assets of the other partner who is usually the bread winner, what forensic CPA accountant normally does is to simply know where to look at. They help the wife in understanding and knowing the family finances because they no longer trust their husbands who the one with the higher earning than her. They also help in reducing the chances of the husband having the motive of hiding assets or deferring his income because of greed or to lessen his support to their children after the divorce. Or also because of the alimony settlements the wife may be entitled to. (Brookshire, Slesnick, and Lessne, 1990, p 15-26)
From this paper we can deduce the fact that newly weds do not think that as they begin their marriage, they are entering into a personal business partnership whether through budgeting, making money, licenses, degrees, masters, accumulating assets and future investments. Therefore couple should plan on how to divide properties at the blissful beginning and not at the bitter end after divorce. Such an agreement should take the form of a parental agreement that has been enforced in all the fifty states. Spouses must therefore understand their household finances.
Gregory, J, Richards, J and Wolf, S (2003)property division in divorce proceedings: a fifty state guide, Aspen Publishers Online, 2003, p 29-33
National Legal Research Group Inc. (2010) Divorce support .com: the classification of
intellectual property as marital property upon divorce. Retrieved from
On May 1, 2010
Brookshire, Michael L., Slesnick, Frank and Lessne, Robert. (1990)”The Emerging Industry of Forensic Economics: A Survey of NAFE Members.” Journal of Forensic Economics 3, 2, (Spring/Summer 1990):15-29.
People who talk too much face a lot of skeptism similarly to those who are never interested in socializing. However, the individual who lacks both attributes and one with a combination of the two is highly acceptable by most people. Society regards too much of something as equally harmful as well as dire lack of the same attribute. Thus, the need to have the acceptable measure of any virtue or possession leads to the adoption of the mean being the morally acceptable virtue (Aristotle, 350 BC). Alternatively, the author is right because individuals at the extremes are usually mentally challenged hence are liable to questionable character while an individual who is at the middle has no excuse as to portray characteristics similar to those of the others. The individuals at the mid-point are used as control units for the others.
Experiences of Old Corner Bar’s Water Filter
Experiences of Old Corner Bar’s Water Filter
Nevada is a one of the states located in the western region of the United States of America. It has large deposits of silver thus it was nicknamed the “SilverState” although it has several other nicknames. Gold mines are also present in most parts of Nevada with Comstock Lode having its fair share of the mine especially in the 1880s when the discoveries were made. Despite the many silver mining activities that are carried out in the region, the state is one of the driest and is considered as the most arid in the Western region. Day time temperatures usually rise to 125 0F in the summer such that its 1.9 million residents have to contend with frequent consumption of water to regulate their body temperatures.
Most of the water that is consumed in the silver state comes from rivers, lakes and wetlands because rainfall is quite rare. Over the years, provision of clean mineral free water has been a problem such that most people relied on traditional ways of water purification as a way of obtaining clean water. One of the worst hit places by the water problem is Virginia City which is densely populated as a result of more silver deposits being located here. Comstock Lode is one of the regions in Virginia where the Old Corner bar is found. The owner of this bar used a stone-made water filter tom purify water for the patrons as well as for his own consumption.
The Comstock Lode water filter was a stone-made vessel which purified water for the members of the Old Corner bar so that they could access clean water as they consumed their favorite drinks. Most of the members of Comstock used to drink the natural water which was beyond any means pure by adding a lot of whisky into it as a way of minimizing the problems associated with unclean water. This method not only made many people indulge in drunkenness but most took advantage of the water problem to indulge in drinking (Reid and James, 2004).
One of the most striking events that ever happened in Comstock Lode was the discovery of gold and silver mine in the western Great Basin located in the heart of Virginia. Enthusiastic people converged into the basin from all over Nevada especially after those who had previously gone back home from the mines had given positive reports about the opportunities available there. Family members were mobilized especially the men both old and young to move towards the mines as a way of getting rich equally fast. Most of the young men were quite moved by the prospects in the mines such that all their talk was basically on finding employment opportunities in the mines.
Those who discovered deposits in their farms were quite lucky because finding a potential buyer who would carry out the extraction was never a difficult task. Many investors were moving all over the place looking for mines, from which they would obtain the precious stones and later export them to other countries where they would be processed (Reid, 2004).The discovery of gold mines not only created gossip and news for the citizen of Comstock but the situation also resulted into some form of frenzy or sickness especially to the individuals who had not previously seen so much gold and silver. Most people who visited the Old Corner bar admitted that they occasionally lost appetite when eating due to the thought of amassing more bars of gold.
Some individuals usually confessed loudly to each other while drinking that they would only retire to bed after collecting specific amounts of deposits failure to which they would spend the whole night in the mines.This madness was never short-lived as after collecting the targeted amount, the urge to have more drove the people to into a higher frenzy. This was especially severe for the old men who would never tire to encourage the young men to work profusely to acquire more wealth so that they could live better lives than their parents. The madness was so intense that it was not uncommon to here some people telling their colleagues that there was so much gold in the basin that the bars were scattered all over the place thus one need not dig or get into the mines.
The fellows imagined one would collect gold and silver along the way as they walked and this heightened the frenzy. Some would go around with their eyes wide open so as not to miss any shiny precious metal lodged on the ground mistakenly dropped by a miner (State of Nevada, 2010).There was one particular fellow who was a frequent visitor at Old Corner bar who would take up to four bottles of whisky in a day in the pretence of drinking water. This fellow would pass by the bar when going to work at the mines in the northern basin and take two bottles of whisky then add a glass of untreated water to his drink. One of the most surprising things is that despite the fact that there was clean water at Old Corner each and every day of the week, the fellow would insist on taking the untreated water.
This strange behavior would then be repeated at dusk as he retreated home after work when he would pop in the bar again and consume a considerable amount of whisky. Consequently, the owner of the bar always had a constant supply of whisky as the fellow would get easily annoyed and irritated whenever he was unable to get his full amount of drink. It was thus clear that his intention was not in drinking water but in the whisky itself (Reid, 2004).The gold and silver mines were quickly diminishing while large open spaces were left on the ground which proved to be a health hazard. Comstock Lode which was once a beautiful country, transformed into a ragged place with very little features that would create a no lasting impression to any tourists’ eye. Consequently, this led to many people abandoning the town and they move to other areas which had unexploited mines of the precious metals (Reid, 2004).
The water problem not only brought life to Comstock Lode but it also contributed much to the discovery of various characters of different natives of the town. The problems that were encountered were clear reflection s of the unique behaviors of most fellows and especially those who frequented Old Corner Bar. Presence of gold and silver introduced a new lifestyle to the people of Comstock Lode especially among men such that the levels of lunacy were greatly elevated during the mining episodes.
Reid, R and James, M. (2004), Uncovering Nevada’s past: a primary source history of the Silver State by John Bevis. University of Nevada Press
State of Nevada, (2010), Desalination of Virgin River, retrieved from:
The things they carried and the red convertible are similar in some ways. The two stories share similar themes. They share the theme of physical and emotional burden, and also motivation. The authors of the two stories have used symbolism to convey message. The stories are similar in setting, and characters.
Similarity between the things they carried and the red convertible
The things they carried is a story written by Tim O’Brien (Matthews 2000). The author has begun the story by giving a description of an event that has taken place in the middle of his Vietnam experience. The main character in the story is Tim O’Brien (Bloom 2005). The things they carried is said to be a catalog of things that soldiers in the Alpha Company brought on their mission. The things described by the author are diverse. Some of the things are intangible like fear and guilt while others are physical objects. The physical objects include machetes, morphine’s etc. In the book the author has explained the events that have made him move to Vietnam. For example, the author leaves to Vietnam because of his fear, and guilty (Bloom 2005). He doesn’t want to disappoint his family. The Vietnam experience has influenced the characters in the story in different ways.
For example, Ted Lavender is influenced negatively by the Vietnam War. This is because he uses tranquilizers to overcome his anxiety about the war (Bloom 2005).Ted Lavender also smokes marijuana. Ted Lavender is the first person to die as he is shot in the head on his way back from the bathroom. The main theme in the story is physical and emotional burdens. Most characters in the story undergo physical suffering, and emotional suffering. The characters carry heavy physical load, and emotional load. For example, most characters carry emotional load that is composed of grief, terror, and love. Others carry a heavy emotional load that consists of longing. The physical load carried by the characters lead to emotional burden. For example, Henry caries emotional burden like longing for love, and comfort. He longs for love from her girlfriend. Also Jimmy cross carries physical burden that consists of compasses and maps (Bloom 2005).
He also carries the responsibility for men he is in charge. Men in the novel carry emotional burden of fear, and reputation. After the war, the men carry with them psychological burden. They carry guilty, and fear. Another theme portrayed in the novel is fear of shame as motivation. O’Brien is motivated by fear of being ashamed to move to Vietnam. The fear of shame motivates most men in the story to go to Vietnam, and it also affects the relationship between the soldiers. The author has used symbolism in his work to convey the main themes in the story.The red convertible is a story written by Lyman Lamartin. Lamartin is a member of the Chippewa tribe. He lives on a reservation with his family. Lyman tells the story using first person narration. Lyman tells a story about his close brother. Lyman and his brother Henry have bought a red convertible which connects the two characters. In the novel, Henry is send to Vietnam. The Vietnam War has affected Lyman’s brother negatively.
This is because after retiurning from Vietnam, Henry behaves awkwardly as his character has changed much. Henry is not easy going, and funny, and he is also not talkative as before. Henry has changed his character as a result of Vietnam influence. He has started being moody, anxious, and quiet. The main theme in the story the red convertible is brotherhood. This is shown by the two brothers. That is Lyman and his brother Henry. Lyman is motivated to tell the story about his brother Henry. This is because he wants to preserve his brother’s memory. Lyman loved his brother much, and he also valued their relationship. This is shown by the close connection the two had before Henry left for Vietnam and died later. Henry gave the car they had bought to his brother as he valued it. Another theme in the story is wartime trauma. This is shown by Henry behavior after returning from Vietnam. Henry before going to Vietnam was a happy, cheerful man, but after returning home after three years he was different. He became anxious, and always kept quiet (Arsdale 2005).
This is because the Vietnam War had influenced him negatively. The things they carried and the red convertible are similar in some way. The two stories are similar as they portray similar themes, and they show the effect of Vietnam War on the characters. The two stories share the theme of fear of shame as motivation. In the things they carried, O’Brien is motivated to go to Vietnam by fear. This is because O’Brien fears disappointing his family, and other men. As a result of fear O’Brien moves to Vietnam. Other men in the story are also motivated by fear to go to Vietnam. This is because the men do not want to appear as failures to their families. The shame of fear as motivation has affected the relationship between the soldiers. This has made live between the soldiers difficulty as they are unable to make clear decision (Arsdale 2005).
In the red convertible, Lyman is motivated to preserving his brother’s memory by telling the story. Thus Lyman tells the story in first person narration. This makes it easy for the reader to understand his brother. The two stories share the themes of physical and emotional burden, and wartime traumas. In the things they carried, the characters undergo emotional and physical suffering. The physical suffering is shown by tools like machetes, rifles (Barnet, Berman& Burt 2000). Emotional suffering is shown by the various behaviors the characters display. Most characters are filed with fear, anxiety, longing, and love. The physical burden has led to emotional burden that is carried by the characters. For instance, Henry carries emotional burden as he is longing for love from her girlfriend. The emotional burden disturbs him through the story, and he is portrayed as being restless. Jimmy caries physical burden that result from Vietnam War (Barnet, Berman& Burt 2000).
The physical burden consists of compass and maps. Most men in the story also carry emotional burden. This is because the men carry guilty and fear. In the red convertible, Henry carries emotional burden. This is because the Vietnam War has affected him badly. He has changed his behavior as a result of Vietnam War (Erdrich 2010). He has become anxious, quiet, and anti social. This is in contrast to his behavior before going to Vietnam. Before going to Vietnam, Henry was always happy, and talkative. The characters in the things they carried are also influenced negatively by Vietnam War. Some of the characters use marijuana, and tranquilizers to overcome anxiety. For example, Ted Lavender smokes marijuana, and uses tranquilizers to overcome anxiety. Thus, the two stories are similar in terms of themes as they show the suffering the characters undergo (Matthews 2000).Another similarity between the two stories is use of symbolism. The two stories have used symbolism to covey message clearly (Arsdale 2005).
For example, O’Brien has used the characters in the story to show symbolism. Kathleen is used in the story to represent a reader who is capable of responding to the author. Kathleen is the receiver of O’Brien war stories. She affects the author, and also the author affects her. Kathleen helps O’Brien gain a new perspective on his experience in Vietnam. This happens when the author thinks how he should convey the story about how he killed a man to his daughter. O’Brien takes Kathleen to Vietnam to understand what he went through during the war (Arsdale 2005). The author has used Linda to represent an image of the past. This image is brought to the story through imagination, and telling stories. Linda makes O’Brien understand how to cope with pain, and how to use story telling to convey the message. In the red convertible, the author has used symbolism to convey the message to the reader (McMahan 2007).
He uses the red convertible to convey the message Cleary to the reader. The red convertible helps him to convey meanings, and complex ideas. For example, the author has used the car to show the connection between Lyman, and his brother Henry (Madden 2003). The car is used acts as a symbol in the story as its meaning changes as the story advances. The two brothers buy the car together, and Henry leaves the car for his brother before leaving to Vietnam. Henry in the story tries to give Lyman the car, but he refuses because the car symbolizes a close connection between the two. Later on in the story, the two brothers use the car to visit many places, and to the site last met. Henry dies, and Lyman looses connection with his brother (Arsdale 2005).
The characters in the two stories are similar as they undergo physical and emotional suffering. The authors have used characters to show the effect of Vietnam War (Arsdale 2005).The two stories are similar in their setting. This is because the authors have written the two stories using the experience gained from childhood, and the environment they are brought up. The novel the things they carried is written by O’Brien after working in the American battalion. The settings of the things they carried is Quang Ngai province (O’Brien 2009). Erdrich has written the story, the red convertible after interacting with his parents. His parents taught him more about her American heritage. The setting of the story is Chippewa (Madden 2003).
The two stories are similar in terms of themes, symbolism, characters, and settings. The stories share same themes, and the authors have used symbolism to convey the message to the reader. The main themes in the two stories are physical and emotional burden, and motivation. These themes are shown by the behaviors portrayed by the characters after Vietnam War, and before Vietnam War. In the things they carried the author has used the characters to symbolize different things. In the red convertible the author has used the car to show the close connection between Lyman and his brother Henry.
O’Brien, Tim. The Things They Carried. Houghton Mifflin Harcourt, 2009
Arsdale, Ruth.The Things They Carried: Novel Curriculum Unit. Center for Learning, 2005
Bloom, Harold.Tim O’Brien’s The things they carried. Chelsea House Publishers, 2005
Matthews, Glenn.The things they carried, Tim O’Brien: smartstudy guide.NEAP, 2000
Erdrich,Louise.The Red Convertible: Selected and New Stories, 1978-2008.HarperCollins, 2010
Barnet., Berman,M.,Burto,W.Introduction to Literature.Longman Publishing, 2000
McMahan, Elizabeth.,Day,Susan.,Funk,Robert.Literature and the Writing Process.Pearson/Prentice Hall, 2007
Madden,F.Exploring literature: writing and thinking about fiction, poetry, drama, and the essay.Pearson/Longman, 2003
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Anthropology Research Paper
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