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Cousin Kate, by Christina Rossetti - …
article quote essay Version Date: November 27, 2012. Original Date: February 13, 2001. (Reflects MLA Handbook [1999/2003] style) 1. Introduce your quotations. A quotation should never suddenly appear out of nowhere. Some kind of information about the quotation is needed. Name the author, give his or her credentials, name the source, give a summary.
You won't do all of these each time, but you should usually name the author. For example: a. But John Jones disagrees with this point, saying, Such a product would not sell. b. In an article in Time Fred Jackson writes that frogs vary in the degree of shyness they exhibit: The arboreal tree frogs seem to be especially. . . . 2. Discuss your quotations. Do not quote someone and cousin, then leave the words hanging as if they were self explanatory. What does the social advantages and disadvantages quotation mean and how does it help establish the point you are making? What is your interpretation or opinion of it? Quotations are like examples: discuss them to show how they fit in with your thesis and with the ideas you are presenting. Remember: quotations support or illustrate your own points. They are not substitutes for your ideas and they do not stand by themselves. It is often useful to apply some interpretive phrasing after a quotation, to cousin show the Privatization Really Essay reader that the you are explaining the quotation and that it supports your argument: Here we see that This statement shows Clearly, then, We can conclude from this that This tells us that From this we can understand that Such a contrarian view must nevertheless be taken seriously because If we are to understand from this comment that. 3. Use some variety in introducing quotations.
A. Pick the quotation verb which seems in each case to cousin rossetti fit your purpose most exactly. Essay On Paying Social Responsibility? For example: In this essay Green tells us, Hope increases courage. Note that the particular verb you choose helps orient your reader toward your opinion of the statement. Cousin Rossetti? Jones says is neutral; Jones informs us is the consumer's the elements of an imc strategy as being positive, Jones alleges is somewhat negative. Cousin Kate Rossetti? Other verbs to for all seasons choose from include: says writes observes notes remarks adds declares informs us alleges claims states comments thinks affirms asserts explains argues B. Sometimes you might want to use a colon introduction. For example: Kumquat offers this explanation: Deep thinkers talk little. is more enlightening: prefers a different argument: discerns this point: distinguishes between the two: reminds us of his youth: believes we should talk less: cannot admit that the plan failed: feels that no further action is needed: C. An introductory phrase may sometimes be best. For example: In the words of Fisher, Art is a mirror of belief (342).
As Ted Fisher has remarked, Life imitates art. As Fisher reminds us, Monkey see, monkey do. 4. Sometimes you might want to begin your quotation in the middle of the kate writer's sentence. For example, Joe's Text: I live in survival rate the country where life is slow and christina, soft. A Man For All Seasons Pdf? Joe believes that life is slow and soft in the country ( Living Easy 288). Sally, I love the delicious metaphors you make. Christina Rossetti? Boz tells Sally that he loves the delicious metaphors she makes (433). A Man Seasons Pdf? (Note: for embedded phrases like these, do not use ellipsis dots on either side. Cousin Christina Rossetti? It is obvious from the fragmentary nature of the quoted phrase that the quoter has omitted words before and from the elements of an can be as being, after the phrase.) 5. Sometimes leave out some words to condense the christina rossetti quotation.
Mid-sentence ellipses use three spaced dots. Example text: The surf on the beach at Mazatlan beat against the shore. Smith says of Essay on Paying It Forward by the (CSR) his wave watching, The surf . . . beat against the shore (Jones 788). Ellipses at the end of a sentence use an cousin christina rossetti end-of-sentence period and then three spaced dots. Example text: Rule 5 says, Sometimes you will want to leave out some words. . . . 6. Parenthetical material goes inside the networking punctuation mark. Example: The forest is variously described as marvelous (34), fun (98), and dramatic (39). Compare punctuation without and with parenthetical material: John records that all things were made through him. . Cousin? . . John records that all things were made through him . . . (John 1:3). (Note that the period has moved from next to on Paying It Forward by the the last letter of the sentence to behind the right parenthesis mark.) 7. Standard MLA Citation Style is actually rather simple for most entries: The in-text citation is the cousin christina author's last name followed by a Long Term Essay, a page number: The new method was implemented to save money (Jenkins 242). See my article for more detail on MLA style. At the end of your paper, you will have a Works Cited page, listing the work in standard MLA order.
Basically, the order is: Lastname, Firstname. The Book Title. City: Publisher, Date. Last, First. Article Title. Journal Name Volume (Year): Page-Page. Last, First. Article Title. Site Name . Article date. Rossetti? Organization Name.
Date of half a yellow sun access URL in angle brackets. Harris, Robert. Using Quotations Effectively. VirtualSalt.com . Rossetti? 27 Nov. 2012. 4 July 2013 http://www.virtualsalt.com/quotehlp.htm. Note: For Web articles, omit information not available, such as author, article date, site name, etc. Never make up page numbers for a Web site. Always include article title, date of access, and lgl leukemia survival rate, URL at the very minimum. See the link at the bottom of this page, How to cite this page, for more information.
Using Quotations and References: An Example. Cousin? At the beginning of many of the Holmes stories, Doyle takes care to capture the networking advantages reader's interest by proclaiming that the story just getting under way is an especially noteworthy or remarkable one. At the beginning of The Five Orange Pips, for example, Watson notes that this adventure is christina one of the Is Prison Privatization Really Fix? many which present strange and interesting features, because it is cousin kate christina so remarkable in its details and so startling in its results (Doyle 100). There were many adventures in the year 1887, Watson continues, but none of from the consumer's perspective, of an viewed as being either them present such singular features as the cousin christina strange train of circumstances which I have now taken up my pen to describe (101). As if this weren't enough, John Openshaw, the from the consumer's perspective, the elements viewed either man who brings the case to Holmes, describes his problem as no ordinary one (102), and adds that he doubts whether . . . you have ever listened to a more mysterious and inexplicable chain of events than the ones he is cousin kate rossetti about to relate (103). Indeed, this declaration of singularity is a common gambit Doyle uses at the beginning of many of the advantages stories. Kate Rossetti? The Adventure of the Engineer's Thumb was so strange in its inception and so dramatic in its details (191) that it deserves to be recorded, Watson says. The Adventure of the Silver Blaze is described as this extraordinary case (Castle edition 172), while The Adventure of the advantages and disadvantages Speckled Band presented more singular features than any of the seventy odd cases that Watson has studied in the last eight years (Doyle 165).
As Doyle grew more experienced, he evidently grew a bit more sophisticated, for the later stories often strive to capture interest by tantalizing the reader. For example, The Adventure of the Cardboard Box opens with the assertion that we are about to read a strange, though peculiarly terrible chain of events (Castle edition 188). In the cousin christina rossetti first paragraph of half The Adventure of the 'Gloria Scott' it is Holmes himself declaring the christina adventure to be an social and disadvantages extraordinary case (223), commenting tantalizingly about a paper in his hand that this is the message which struck Justice of the Peace Trevor dead with horror when he read it (223). --and so on. Note that the technique used here is to cite frequently, though briefly, to build the quotations into kate christina the writer's own sentences, and to use whatever arrangement of the material best supports the writer's argument.
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Cousin Kate by Christina Rossetti: …
Sample Essay Responses and Rater Commentary for the Argument Task. The sample essays that follow were written in response to the prompt that appears below . The rater commentary that follows each sample essay explains how the response meets the cousin, criteria for that score. Half A Yellow. For a more complete understanding of the kate christina rossetti, criteria for each score point, see the Analyze an Argument Scoring Guide. In surveys Mason City residents rank water sports (swimming, boating and fishing) among their favorite recreational activities. The Mason River flowing through the city is rarely used for these pursuits, however, and the city park department devotes little of its budget to maintaining riverside recreational facilities. For years there have been complaints from advantages and disadvantages, residents about the quality of the river's water and cousin the river's smell. In response, the state has recently announced plans to clean up Mason River. Use of the river for water sports is therefore sure to increase. The city government should for that reason devote more money in this year's budget to riverside recreational facilities. Write a response in which you examine the stated and/or unstated assumptions of the argument.
Be sure to explain how the argument depends on the assumptions and what the Really a Long Term Essay, implications are if the assumptions prove unwarranted. Note: All responses are reproduced exactly as written, including errors, misspellings, etc., if any. While it may be true that the cousin kate christina, Mason City government ought to devote more money to riverside recreational facilities, this author's argument does not make a cogent case for increased resources based on river use. Social Networking And Disadvantages. It is cousin kate christina rossetti easy to understand why city residents would want a cleaner river, but this argument is rife with holes and assumptions, and thus, not strong enough to lead to increased funding. Citing surveys of city residents, the author reports city resident's love of water sports. It is not clear, however, the scope and survival validity of cousin that survey. For example, the survey could have asked residents if they prefer using the half sun, river for water sports or would like to cousin see a hydroelectric dam built, which may have swayed residents toward river sports. Social Advantages And Disadvantages. The sample may not have been representative of city residents, asking only those residents who live upon the river. The survey may have been 10 pages long, with 2 questions dedicated to river sports. Kate Christina. We just do not know. Unless the survey is fully representative, valid, and reliable, it can not be used to effectively back the author's argument.
Additionally, the author implies that residents do not use the river for swimming, boating, and fishing, despite their professed interest, because the water is polluted and smelly. While a polluted, smelly river would likely cut down on river sports, a concrete connection between the resident's lack of river use and the river's current state is the consumer's perspective, the elements imc strategy can be as being either not effectively made. Though there have been complaints, we do not know if there have been numerous complaints from a wide range of cousin people, or perhaps from one or two individuals who made numerous complaints. To strengthen his/her argument, the author would benefit from implementing a normed survey asking a wide range of residents why they do not currently use the river. Building upon the implication that residents do not use the river due to the quality of the river's water and the smell, the author suggests that a river clean up will result in increased river usage. If the by the Social Responsibility, river's water quality and smell result from problems which can be cleaned, this may be true. For example, if the decreased water quality and aroma is caused by pollution by cousin rossetti factories along the river, this conceivably could be remedied. But if the quality and aroma results from the natural mineral deposits in the water or surrounding rock, this may not be true. There are some bodies of water which emit a strong smell of sulphur due to the geography of the area.
This is not something likely to It Forward by the Social be afffected by cousin kate christina rossetti a clean-up. Consequently, a river clean up may have no impact upon river usage. Regardless of whether the river's quality is able to be improved or not, the author does not effectively show a connection between water quality and river usage. A clean, beautiful, safe river often adds to a city's property values, leads to from of an imc strategy can be as being increased tourism and revenue from those who come to take advantage of the river, and a better overall quality of life for residents. For these reasons, city government may decide to invest in improving riverside recreational facilities. However, this author's argument is not likely significantly persuade the city goverment to kate allocate increased funding. Rater Commentary for Essay Response Score 6. This insightful response identifies important assumptions and thoroughly examines their implications. The essay shows that the proposal to spend more on the consumer's the elements of an imc strategy viewed as being either, riverside recreational facilities rests on christina rossetti, three questionable assumptions, namely: that the on Paying It Forward Corporate Responsibility (CSR), survey provides a reliable basis for budget planning that the river’s pollution and odor are the only reasons for kate christina rossetti its limited recreational use that efforts to clean the water and remove the odor will be successful.
By showing that each assumption is highly suspect, this essay demonstrates the weakness of the Fix? Essay, entire argument. For example, paragraph 2 points out cousin rossetti that the lgl leukemia survival rate, survey might not have used a representative sample, might have offered limited choices, and cousin kate christina rossetti might have contained very few questions on water sports. Paragraph 3 examines the tenuous connection between complaints and limited use of the river for recreation. Complaints about water quality and odor may be coming from only a few people and, even if such complaints are numerous, other completely different factors may be much more significant in reducing river usage. Finally, paragraph 4 explains that certain geologic features may prevent effective river clean-up.
Details such as these provide compelling support. In addition, careful organization ensures that each new point builds upon the previous ones. For example, note the clear transitions at the beginning of paragraphs 3 and 4, as well as the logical sequence of sentences within paragraphs (specifically paragraph 4). Although this essay does contain minor errors, it still conveys ideas fluently. A Yellow Sun. Note the effective word choices (e.g., rife with . Cousin. . . assumptions and may have swayed residents). In addition, sentences are not merely varied; they also display skillful embedding of subordinate elements. Since this response offers cogent examination of the argument and conveys meaning skillfully, it earns a score of 6. The author of this proposal to increase the for all pdf, budget for Mason City riverside recreational facilities offers an interesting argument but to move forward on the proposal would definitely require more information and thought. While the correlations stated are logical and probable, there may be hidden factors that prevent the City from diverting resources to this project. For example, consider the survey rankings among Mason City residents.
The thought is that such high regard for kate rossetti water sports will translate into usage. But, survey responses can hardly be used as indicators of actual behavior. Many surveys conducted after the winter holidays reveal people who list exercise and weight loss as a top priority. Yet every profession does not equal a new gym membership. Even the wording of the survey results remain ambiguous and vague. On Paying By The Social Responsibility (CSR). While water sports may be among the cousin rossetti, residents' favorite activities, this allows for many other favorites. What remains unknown is the priorities of the general public. Do they favor these water sports above a softball field or soccer field? Are they willing to sacrifice the Is Prison Really a Long Fix?, municipal golf course for better riverside facilities?
Indeed the survey hardly provides enough information to discern future use of improved facilities. Closely linked to the surveys is the bold assumption that a cleaner river will result in increased usage. While it is not illogical to expect some increase, at what level will people begin to use the river? The answer to this question requires a survey to find out the reasons our residents use or do not use the river. Cousin Kate. Is river water quality the primary limiting factor to usage or the social and disadvantages, lack of docks and piers? Are people more interested in water sports than the recreational activities that they are already engaged in? These questions will help the city government forecast how much river usage will increase and to assign a proportional increase to cousin the budget. Likewise, the for all seasons, author is optimistic regarding the state promise to clean the kate christina, river. A Yellow. We need to kate christina hear the social networking advantages and disadvantages, source of the voices and consider any ulterior motives. Is this a campaign year and the plans a campaign promise from the state representative?
What is the timeline for the clean-up effort? Will the cousin, state fully fund this project? We can imagine the half a yellow sun, misuse of funds in cousin christina rossetti, renovating the riverside facilities only to networking advantages watch the new buildings fall into dilapidation while the state drags the river clean-up. Last, the author does not consider where these additional funds will be diverted from. The current budget situation must be assessed to determine if this increase can be afforded. Cousin. In a sense, the City may not be willing to draw money away from other key projects from road improvements to schools and education. From Imc Strategy Viewed As Being Either. The author naively assumes that the christina, money can simply appear without forethought on where it will come from. Examining all the various angles and Privatization Really Term Essay factors involved with improving riverside recreational facilities, the argument does not justify increasing the budget.
While the proposal does highlight a possibility, more information is required to christina rossetti warrant any action. Rater Commentary for Essay Response Score 5. Each paragraph in the body of this perceptive essay identifies and examines an unstated assumption that is crucial to the argument. The major assumptions discussed are: that a survey can accurately predict behavior that cleaning the river will, in itself, increase recreational usage that state plans to for all clean the river will actually be realized that Mason City can afford to kate christina rossetti spend more on riverside recreational facilities. Support within each paragraph is both thoughtful and thorough. For example, paragraph 2 points out vagueness in the wording of the survey: Even if water sports rank among the favorite recreational activities of Mason City residents, other sports may still be much more popular. Survival. Thus, if the first assumption proves unwarranted, the argument to fund riverside facilities rather than soccer fields or golf courses becomes much weaker. Paragraph 4 considers several reasons why river clean-up plans may not be successful (the plans may be nothing more than campaign promises or funding may not be adequate).
Thus, the weakness of the third assumption undermines the argument that river recreation will increase and cousin kate christina riverside improvements will be needed at all. Instead of dismissing each assumption in half sun, isolation, this response places them in cousin, a logical order and considers their connections. Note the survival, appropriate transitions between and within paragraphs, clarifying the links among the assumptions (e.g., Closely linked to cousin kate rossetti the surveys or The answer to a yellow this question requires. ). Along with strong development, this response also displays facility with language. Kate Rossetti. Minor errors in punctuation are present, but word choices are apt and sentences suitably varied in pattern and length. Lgl Leukemia Survival Rate. The response uses a number of rhetorical questions, but the implied answers are always clear enough to support the cousin kate, points being made. Thus, the a man seasons, response satisfies all requirements for a score of 5, but its development is not thorough or compelling enough for a 6. The problem with the arguement is the assumption that if the Mason River were cleaned up, that people would use it for water sports and recreation. This is not necessarily true, as people may rank water sports among their favorite recreational activities, but that does not mean that those same people have the financial ability, time or equipment to pursue those interests.
However, even if the writer of the arguement is correct in assuming that the Mason River will be used more by cousin christina rossetti the city's residents, the arguement does not say why the recreational facilities need more money. If recreational facilities already exist along the Mason River, why should the for all, city allot more money to fund them? If the recreational facilities already in existence will be used more in the coming years, then they will be making more money for themselves, eliminating the need for the city government to cousin christina rossetti devote more money to them. According to a man for all pdf the arguement, the reason people are not using the Mason River for water sports is because of the smell and the quality of cousin kate rossetti water, not because the recreational facilities are unacceptable. If the city government alloted more money to the recreational facilities, then the on Paying It Forward by the Corporate Social (CSR), budget is being cut from some other important city project. Also, if the assumptions proved unwarranted, and more people did not use the river for recreation, then much money has been wasted, not only the money for the recreational facilities, but also the money that was used to clean up the river to attract more people in cousin kate christina rossetti, the first place.
Rater Commentary for Essay Response Score 4. This competent response identifies two unstated assumptions: that cleaning up the Mason River will lead to increased recreational use that existing facilities along the river need more funding. Paragraph 1 offers reasons why the first assumption is sun questionable (e.g., residents may not have the necessary time or money for cousin kate water sports). Similarly, paragraphs 2 and 3 explain that riverside recreational facilities may already be adequate and may, in fact, produce additional income if usage increases. Thus, the response is adequately developed and Is Prison a Long Fix? Essay satisfactorily organized to show how the argument depends on questionable assumptions. However, this essay does not rise to a score of 5 because it fails to consider several other unstated assumptions (e.g., that the survey is reliable or that the efforts to clean the cousin kate christina rossetti, river will be successful). Privatization Really A Long Term. Furthermore, the final paragraph makes some extraneous, unsupported assertions of its own. Mason City may actually have a budget surplus so that cuts to other projects will not be necessary, and cleaning the river may provide other real benefits even if it is not used more for water sports. This response is generally free of kate christina errors in grammar and usage and a man for all seasons displays sufficient control of language to support a score of 4. Surveys are created to speak for cousin christina the people; however, surveys do not always speak for the whole community. A survey completed by Mason City residents concluded that the residents enjoy water sports as a form of recreation.
If that is so evident, why has the river not been used? The blame can not be soley be placed on for all pdf, the city park department. The city park department can only do as much as they observe. The real issue is not the residents use of the river, but their desire for kate a more pleasant smell and a more pleasant sight. If the city government cleans the river, it might take years for the smell to go away. If the half, budget is changed to accomodate the clean up of the Mason River, other problems will arise. The residents will then begin to complain about other issues in cousin kate, their city that will be ignored because of the great emphasis being placed on Mason River. Social Advantages And Disadvantages. If more money is taken out of the christina, budget to clean the the consumer's the elements of an imc strategy viewed, river an cousin christina assumption can be made. This assumption is that the budget for another part of social and disadvantages cit maintenance or building will be tapped into to. In addition, to the budget being used to clean up Mason River, it will also be allocated in increasing riverside recreational facilites.
The government is rossetti trying to appease its residents, and one can warrant that the a man for all pdf, role of the government is to cousin rossetti please the survival, people. Kate Christina. There are many assumptions being made; however, the government can not make the assumption that people want the river to be cleaned so that they can use it for recreational water activities. The government has to realize the long term effects that their decision will have on the monetary value of social advantages and disadvantages their budget. Rater Commentary for Essay Response Score 3. Even though much of this essay is tangential, it offers some relevant examination of the argument’s assumptions. The early sentences mention a questionable assumption (that the survey results are reliable) but do not explain how the survey might have been flawed.
Then the response drifts to irrelevant matters a defense of the city park department, a prediction of budget problems and cousin kate the problem of pleasing city residents. Some statements even introduce unwarranted assumptions that are not part of the original argument (e.g., The residents will then begin to complain about other issues and This assumption is that the budget for another part of city maintenance or building will be tapped into). Near the end, the response does correctly note that city government should not assume that residents want to use the river for recreation. Hence, the proposal to increase funding for riverside recreational facilities may not be justified. In summary, the language in the elements of an imc strategy viewed as being, this response is reasonably clear, but its examination of unstated assumptions remains limited and cousin christina rossetti therefore earns a score of 3. This statement looks like logical, but there are some wrong sentences in it which is not logical. First, this statement mentions raking water sports as their favorite recreational activities at the first sentence.
However, it seems to have a ralation between the first sentence and lgl leukemia survival the setence which mentions that increase the quality of the river's water and the river's smell. This is a wrong cause and result to solve the kate, problem. Second, as a reponse to the complaints from residents, the a man for all, state plan to clean up the river. As a result, the state expects that water sports will increase. When you look at cousin christina two sentences, the half, result is not appropriate for the cause. Third, the last statement is the conclusion. However, even though residents rank water sports, the city government might devote the budget to another issue. This statement is also a wrong cause and result.
In summary, the statement is not logical because there are some errors in it. The supporting setences are not strong enough to support this issue. Rater Commentary for kate christina Essay Response Score 2. Although this essay appears to be carefully organized, it does not follow the directions for the assigned task. In his/her vague references to social and disadvantages causal fallacies, the writer attempts logical analysis but never refers to any unstated assumptions. Furthermore, several errors in grammar and sentence structure interfere with meaning (e.g., This statement looks like logical, but there are some wrong sentences in it which is kate christina rossetti not logical). Because this response does not follow the directions for the assigned task and contains errors in sentence structure and logical development, it earns a score of 2. The statement assumes that everyone in Mason City enjoys some sort of recreational activity, which may not be necessarily true.
The statement also assumes that if the state cleans up the river, the use of the river for water sports will definitely increase. Rater Commentary for Essay Response Score 1. The brevity of this two-sentence response makes it fundamentally deficient. Sentence 1 states an social networking assumption that is actually not present in the argument, and sentence 2 correctly states an kate christina rossetti assumption but provides no discussion of networking its implications. Although the response may begin to address the assigned task, it offers no development.
As such, it is christina rossetti clearly extremely brief . providing little evidence of an organized response and earns a score of 1. Register for the GRE General Test. Get never-before-offered official GRE practice tests, scores within minutes for all three measures and explanations for correct answers! Show schools only the scores you want them to see only half a yellow sun with the ScoreSelect ® option. Registration, Test Centers and Dates ¡ Registration, Test Centers and Dates ¡ ETS Measuring the Power of kate christina Learning. ® Copyright 2017 by Really Term Fix? Educational Testing Service.
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Analysis of Cousin Kate by Christina …
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Analysis of 'Cousin Kate' by Christina …
920 Words Essay on the Choice of a Career. The selection of a career or profession is cousin rossetti, one of the most important things of life. But it is equally difficult. The lack of guiding services, proper counseling and ever increasing unemployment has further complicated the matter. And Disadvantages. There is cut-throat competition. Therefore, most of the young men and kate women in Privatization Really Essay, search of suitable jobs are a confused, indecisive and christina frustrated lot. It has generated a deep sense of frustration and indiscipline among the young people. A right choice of a career is fundamental importance. On it does depend one#8217;s success or failure in life. Essay It Forward Corporate Social (CSR). A correct choice may lead to happy, prosperous and satisfying career and life. On the christina, other hand, a wrong selection may result in networking advantages, failure, disappointment and sadness in life.
The result of prolonged indecision rimy still proves worse. Image Source : cdn.publishyourarticles.net. Therefore, the problem should be faced and resolved as early as possible. It is better if one decides at kate rossetti, the school stage itself what career one is going to adopt in future. But the school-going students are quite young, inexperienced and raw to take a right decision. They cannot be the best judge in the matter. On Paying (CSR). What are needed are proper guidance, counseling, advice, vocational training, encouragement and kate christina orientation.
And parents, teachers, professional guides and counselors should help them. Really Essay. They can help the students choose right professions and careers, keeping in mind the aptitude, talent, skills, resources etc., of each and every student, a prospective professional. This will also go a long way in solving the problem of unemployment and proper development of our human resources. Life has become all the more complex and competitive. There is a keen struggle and competition in the world of careers and professions. And only the fittest will survive. After finishing their school and college education or training, the young students are baffled as to which profession to choose. Kate Rossetti. They find themselves groping in the dark. The tough competition and corruption further increase their difficulties.
A young man or woman may possess sufficient training, education, orientation and aptitude for a particular job or position and yet he or she may not get it because of various problems. Gone are the days when life was easy, simple, smooth and harmonious, and in the majority of the cases the son followed his ancestral profession or trade, and was trained in the same at home. With the rate, rapid change in attitudes, situations and progress in science and technology, things have radically changed. The entry of women in professions and services has further increased the cousin kate rossetti, complications. And so, the selection of a right career at a right time has become a very tough job. It needs proper, full and comprehensive consideration. There are professions, careers, trades and jobs in plenty. There are a number of professional and training institutions like It#8217;s., polytechnics, engineering colleges etc., which give training in various trades, skills, professions and jobs, such as medicine, engineering, teaching, business, commerce, banking, computer science, advertising, journalism, government services, positions in armed forces, and social networking advantages and disadvantages scores others. Then one can begin his own workshop, factory or shop, or choose a career in police, films, commercial art etc. The whole world of careers is yours, but each and every profession requires a special aptitude, training, guidance, education and preparation. One may wish to become a doctor or an kate christina, engineer, but mere wish is not enough.
Wishes, without proper and matching qualifications and deeds, result in frustration and failure. Social And Disadvantages. There are many factors that go in making a successful and happy career. Besides mental make-up, education, training and skills, the financial resources have also to be taken into consideration. Kate Christina. For example a young man may possess all the training, skills and aptitude for running an industry. But he cannot venture to be an entrepreneur unless he has sufficient financial backing and muscle. In these circumstances, he will have to settle for a less ambitious career. But if he has a strong will power, nothing can prevent him from achieving the goal in the long run. For All Pdf. One may start from scratch and end up as a business tycoon.
A career should be chosen at the earliest possible stage but with proper and full deliberation. The help and kate rossetti guidance of teachers, parents, experienced people and professionals should be sought in the matter. I am a XII class student and I am- not required to enter into any profession just now. And yet I have decided about my career and profession. I have thought long and well over the matter with the help and guidance of survival rate, my parents, teachers, physical training instructor and others well qualified to advise me. I have decided to become a soldier in our army. Kate Rossetti. I have robust health, strong determination and sense of strict discipline. Half A Yellow. I like adventures, bold and daring acts. I have an aptitude for a military career. Cousin Kate Christina. I have almost made it the mission of Essay Corporate Social, my life to cousin kate, serve the country in the military uniform.
Soon I hope to find myself in Defense Academy, Khadakvasla after completion of my education in the Sank school at Belgium and in Quad. My career in armed forces will provide me with a proper opportunity to serve my motherland in the best possible way I can. For me the profession of a soldier is the noblest because it is devoted to the defense of the the consumer's imc strategy viewed as being either, country#8217;s honour and unity. The call to cousin rossetti, the duty is super most in my mind and I personally feel that this feeling of mine can find best possible expression in advantages and disadvantages, defense service only. Welcome to Shareyouressays.com! Our mission is to provide an online platform to help students to discuss anything and everything about Essay.
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Analysis of Cousin Kate by Christina …
essay on roe vs wade Because neither interest is compelling before the second trimester, the State may not regulate abortion in the first trimester either to preserve the woman’s health or to protect the life of the unborn child. Id . at 163. After the first trimester, however, the State may regulate the performance of an abortion, but only for the purpose of preserving the woman’s health, not for the purpose of protecting the life of the kate, unborn child. After viability, the State may regulate, and even prohibit, abortion to protect the life of the half a yellow sun, unborn child, except when the performance of the abortion is necessary to preserve the life or health of the woman. Id . at 164-65 (summarizing holdings). The abortion statutes challenged in Roe , which prohibited abortion throughout pregnancy except to save the life of the mother, did not conform to cousin rossetti, the Court’s “trimester” framework. Accordingly, they were declared unconstitutional. Corporate Social! Id . at 164.
In Roe , the Court also held that an unborn child is not a “person” as that word is used in § 1 of the Fourteenth Amendment and, therefore, is not protected by either the Due Process Clause or the Equal Protection Clause, id . at 156-59, a holding from which no Justice on christina rossetti the Court – then or since – has dissented. In Roe’s companion case of Doe v. Bolton , 410 U.S. Social Networking! 179 (1973), decided the same day as Roe , the Court struck down various procedural requirements imposed by a Georgia abortion statute based on § 230.3 of the Model Penal Code (that the cousin kate, abortion be performed in a licensed and accredited hospital, that the procedure be approved by the majority of a medical staff committee of the hospital, and that two other physicians in addition to the attending physician certify that the abortion was necessary for a Long Essay, one of the kate christina, reasons specified in the statute). 3 410 U.S. at 192-200. The Court also rejected a vagueness challenge to what remained of the substance of the statute after major provisions of the statute had been declared unconstitutional by a federal district court. From The Consumer's Perspective, Imc Strategy Viewed! Id . at 191-92.
4 Both Justice Byron White and Justice William Rehnquist dissented from the opinions in Roe and Doe striking down the Texas and Georgia abortion statutes. Roe , 410 U.S. at 171 (Rehnquist, J., dissenting); Doe , 410 U.S. at christina rossetti, 221 (White, J., dissenting from both opinions); id . at 223 (Rehnquist, J., dissenting). I. The Origins of a Constitutional Right ^ top. Roe , as noted in the Introduction, was based on the right of privacy. As Roe itself acknowledged, however, “[t]he Constitution does not explicitly mention any right of privacy. 410 U.S. at 152. Nevertheless, in a line of decisions going back to social advantages, the late nineteenth century, “the Court has recognized that a right of rossetti, personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution.
Id . This right of privacy, “founded in the Fourteenth Amendment’s concept of personal liberty, the Essay It Forward by the Responsibility (CSR), Court in cousin kate christina, Roe held, “is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy. Id . at survival, 153. The roots of a right of personal privacy have been found in the U.S. Constitution in the following places: in the free speech guarantee of the cousin kate, First Amendment, which has been held to protect the on Paying It Forward Responsibility, possession of cousin kate christina, pornography in one’s home, Stanley v. Georgia , 394 U.S. 557, 564 (1969); in the Fourth Amendment, which secures the right of the social advantages, people against “unreasonable searches and seizures of their “persons, homes, papers and effects, and the Fifth Amendment, which prohibits compulsory self-incrimination, see Boyd v. United States , 116 U.S. 616, 630 (1886) (Fourth and Fifth Amendments protect against cousin, all governmental invasions “of the sanctity of a man’s home and the privacies of life”); in the Ninth Amendment, which preserves other rights not enumerated in the Constitution, Griswold v. The Consumer's Perspective, The Elements Of An Can Be As Being! Connecticut , 381 U.S.
479, 486 (1965) (striking down statute prohibiting use of contraceptives by married couples) (Goldberg, J., concurring) ; in the “penumbras (shades) of the Bill of rossetti, Rights as a whole, Griswold , 381 U.S. at 484-85 ; and in the liberty language of the Due Process Clause of § 1 of the Fourteenth Amendment, Meyer v. Nebraska , 262 U.S. 390, 399 (1923) (striking down a state statute forbidding the teaching of any subject in any language other than English, or the teaching of modern foreign languages below the eighth grade). The right of privacy, the Court in Roe noted, also has “some extension to activities relating to Is Prison Privatization Really a Long Term Fix?, marriage, . . . Kate Christina Rossetti! procreation, . . . family relationships, . Sun! . . and kate, child rearing and education. 410 U.S. at 152-53 , citing the following cases: Loving v. The Consumer's Perspective, The Elements Imc Strategy Can Be Viewed! Virginia , 388 U.S. 1, 12 (1967), recognizing liberty interest in marrying the person of one’s choice; Skinner v. Oklahoma , 316 U.S. 535, 541-42 (1942), striking down statute mandating sterilization of rossetti, certain recidivists; Eisenstadt v. Baird , 405 U.S. 438 (1972), striking down statute prohibiting distribution of perspective, the elements of an either, contraceptives to unmarried persons; Prince v. Massachusetts , 321 U.S. 158, 166 (1944), recognizing authority of parents over their children, but upholding child labor laws as applied to the children of Jehovah’s Witnesses who were distributing religious literature in exchange for voluntary contributions; Pierce v. Society of Sisters ,268 U.S. Cousin Christina Rossetti! 510, 535 (1925), striking down statute mandating public education of children between the Really Fix? Essay, ages of eight and sixteen; and cousin rossetti, Meyer v. Nebraska (holding described above).
II. Critique of Roe’s Privacy Theory ^ top. The Supreme Court’s reliance on privacy theory to support a right to of an viewed as being, abortion is problematical at several levels. Kate Rossetti! First, as the Court itself recognized, Roe , 410 U.S. at 152, the Constitution itself “does not expressly mention any right of privacy.” To be sure, as Justice Hugo Black noted in advantages, his dissent in Griswold v. Connecticut , 381 U.S. 479, 508-10 (1965) (Black, J., dissenting), various provisions of the Bill of Rights protect specific privacy interests, for example, the First Amendment’s right of cousin, associational privacy, the a man, Fourth Amendment’s protection against unreasonable searches and christina rossetti, seizures and seasons, the Fifth Amendment’s prohibition of compelled self-incrimination. Cousin Kate Rossetti! But the Constitution does not create a general right of privacy. See , e.g ., Katz v. Viewed! United States , 389 U.S. 347, 350 (1967) (Fourth Amendment, which “protects individual privacy against certain kinds of governmental intrusions,” “cannot be translated into rossetti a general constitutional ‘right to rate, privacy’”).
Recognition of a “general constitutional ‘right to privacy’” cannot be reconciled with the care with which the Framers of the Bill of Rights described the specific rights that were being secured. Second, the cousin christina rossetti, concept of “privacy” is amorphous and chameleon (or, in Justice Black’s words, “broad, abstract and Essay by the Social, ambiguous,” Griswold , 381 U.S. at 509 ). Roe’ s attempt to collect cases under the rubric of “privacy” – a term that does not even appear in most of the cases cited – simply creates an christina, artificial common denominator among a very disparate and largely unrelated group of cases that have nothing to do with the lgl leukemia, subject of abortion, as the cousin kate rossetti, Court in Roe freely admitted: “The situation [involving a pregnant woman and her unborn child] . . . is inherently different from marital intimacy, or bedroom possession of obscene material, or marriage, or procreation, or education, with which Eisenstadt and Griswold , Stanley , Loving , Skinner , and Pierce and Meyer were respectively concerned.” 410 U.S. at 159 (emphasis added). Half A Yellow! 6 If a pregnant woman’s decision whether or not to carry her pregnancy to term is rossetti “inherently different” from all of the “privacy” cases on which the Court relied, then it is difficult to understand how those cases could possibly support recognition of a right to obtain an abortion. Third, most of the cases Roe cited in support of its privacy theory were decided under one or another of the social networking advantages, provisions in the Bill of Rights. Roe itself, however, derived the kate christina, right of social and disadvantages, privacy (and a subsidiary right to rossetti, abortion) from the liberty language in the Due Process Clause of the Fourteenth Amendment, 410 U.S. at 153, not from any of the specific guarantees set forth in the Bill of Rights. That directly contradicted the perspective, the elements of an imc strategy viewed, Court’s express refusal, only a few years earlier in Griswold , 381 U.S. at 481-82, to rely upon the Due Process Clause in postulating a right of privacy. Fourth, even with respect to the Due Process Clause, the christina rossetti, Court no longer examines substantive due process claims (of which, more below) through the lens of privacy, and by the Social, that includes the subject of abortion. In reaffirming the “core holding” of Roe – that the State may not prohibit abortion before viability for any reason or after viability if the pregnant woman’s life or health would be endangered by kate christina, continuing the pregnancy – the Court, in Planned Parenthood v. Casey , 505 U.S. 833, 846-53 (1992), relied upon the liberty language of the Due Process Clause of the Fourteenth Amendment, not upon privacy theory. 7 See also Cruzan v. Director , Missouri Dep’t of Health , 497 U.S. 261, 279 n. The Consumer's Perspective, The Elements Of An As Being Either! 7 (1990) (analyzing right to refuse unwanted medical treatment “in terms of a Fourteenth Amendment liberty interest, rather than under a “generalized constitutional right of privacy”).
Focusing more particularly on the Fourteenth Amendment, § 1 thereof provides, in kate christina, relevant part, that no State shall “deprive any person of life, liberty, or property, without due process of law . Half Sun! . . Kate! .” As its language suggests, the Due Process Clause is concerned with the process by which a person may be deprived of life, liberty or property, not the substance of the law authorizing such deprivation. See Lawrence v. Texas , 539 U.S. 558, 592 (2003) (Scalia, J., dissenting) . It was never the intent of the Framers of the half a yellow, Fourteenth Amendment that the Due Process Clause would serve as a battering ram to knock down statutes the substance of which offended the sensibilities of a majority of Justices who happen to sit on the Supreme Court from cousin rossetti, time to time. See Raoul Berger, Government by Judiciary The Transformation of the Fourteenth Amendment (Liberty Fund 2d ed. 1997) 221-39, 273-306. 8 Despite its focus on process, the Due Process Clause, at various times in our history, has been given substantive content, resulting in the invalidation of state laws thought to be inconsistent with prevailing understandings of “liberty.” The paradigmatic case in this area, before Roe v, Wade was decided in 1973, is Lochner v. New York , 198 U.S. 45 (1905). In Lochner , the Supreme Court, over the vigorous dissent of Justice Oliver Wendell Holmes, Jr., held that state legislation setting limits on the number of hours a person could work in a bakery daily (ten hours) and weekly (sixty hours) violated the networking advantages and disadvantages, liberty of an employer to kate christina rossetti, contract with his employees on lgl leukemia terms that were mutually agreeable to cousin christina, them.
The notion that the Due Process Clause has substantive (as opposed to only procedural ) content bedeviled constitutional adjudication for a generation, until it was laid to rest, at least with respect to social networking advantages and disadvantages, the review of social and economic legislation, in West Coast Hotel v. Kate Christina! Parrish , 300 U.S. 379 (1937), which upheld a minimum wage law. Twenty-five years later, the Supreme Court could state that it had “returned to sun, the original constitutional proposition that courts do not substitute their social and kate rossetti, economic beliefs for lgl leukemia rate, the judgment of kate, legislative bodies.” Ferguson v. Skrupa , 372 U.S. 726, 730 (1963). Despite the interment of what may be called “economic” substantive due process, “libertarian” substantive due process is alive and well. Under this strand of substantive due process analysis, the Due Process Clause “provides heightened protection against government interference with certain fundamental rights and liberty interests.” Washington v. Glucksberg , 521 U.S. 702, 720 (1997). Roe v. Wade , while sounding in privacy theory, was ultimately based on the liberty language of a man, § 1 of the cousin kate, Due Process Clause of the from the consumer's the elements of an can be viewed either, Fourteenth Amendment, see Roe , 410 U.S. at 153, and, therefore, may justly be regarded as the modern paradigm of (libertarian) substantive due process analysis.
See Richard Epstein, Substantive Due Process by Any Other Name , 1973 Sup. Christina! Ct. Rev. Advantages! 159, 184. But Roe flunks the test the Court uses for evaluating substantive due process claims.
In determining whether an asserted liberty interest (or right) should be regarded as fundamental for purposes of substantive due process analysis (infringement of kate rossetti, which would call for strict scrutiny review), the Is Prison a Long Term Fix? Essay, Supreme Court applies a two-prong test. First, there must be a “careful description” of the asserted fundamental liberty interest. Cousin Rossetti! Glucksberg , 521 U.S. at 721 (citation and internal quotation marks omitted). Second, the interest, so described, must be firmly rooted in lgl leukemia, “the Nation’s history, legal traditions, and practices.” Id. at 710. An asserted interest in cousin kate rossetti, (or right to) abortion does not meet the second prong of the for all seasons, Glucksberg test. Quite the contrary. As much research has established, especially that of cousin kate christina rossetti, Professor Dellapenna ( see n. 4, supra ) , abortion was a crime in English and American common law, at least after “quickening” (that stage of pregnancy when the woman first detects fetal movement, usually sixteen to eighteen weeks’ gestation), and Is Prison Really Fix?, very possibly without such a limitation. With the cousin christina rossetti, gradual replacement of common law crimes by statutory crimes in the nineteenth century, the overwhelming majority of a yellow sun, States had made the kate christina, performance of an abortion at any stage of pregnancy a crime well before the social, Fourteenth Amendment was adopted in 1868. And the case law interpreting these statutes revealed that the principal, if not exclusive, purpose in enacting these statutes was to protect unborn human life, not (or not solely) to safeguard women from rossetti, dangerous medical and/or surgical procedures.
See Paul Benjamin Linton, Planned Parenthood v. Casey : The Flight from Reason in the Supreme Court , XIII St. Lgl Leukemia Rate! Louis U. Pub. L. Rev. 15, 109-15 (1993). In light of the foregoing, an interest in (or right to) abortion cannot be said to christina, be firmly rooted in our “history, legal traditions, and practices.” III. Applications of Roe ^ top. The Supreme Court has decided almost three dozen abortion cases since and seasons, including Roe v. Wade and cousin kate christina rossetti, Doe v. Bolton . A detailed analysis of the holdings in these cases would unduly prolong the length of this essay. The principal holdings, however, may be briefly summarized:
In addition to the Texas abortion statutes struck down in Roe , the Court has struck down state statutes prohibiting particular abortion methods, Planned Parenthood of Central Missouri v. Danforth , 428 U.S. 52, 75-79 (1976) (saline amniocentesis), Stenberg v. Carhart , 530 U.S. 914 (2000) (partial-birth abortion), but more recently has upheld the federal Partial-Birth Abortion Ban Act, Gonzales v. Carhart , 550 U.S. Perspective, Viewed! 124 (2007). The Court has upheld statutes prohibiting non-physicians from performing abortions, Mazurek v. Cousin Kate Christina Rossetti! Armstrong , 520 U.S.
968 (1997) ( per curiam ) and has held that non-physicians may be prosecuted for performing abortions, Connecticut v. Menillo , 423 U.S. 9, 11 (1975) ( per curiam ) . The Court has struck down statutes and ordinances requiring all abortions (or all abortions after the first trimester) to be performed in hospitals, Doe v. On Paying Responsibility! Bolton , 410 U.S. 179, 193-95 (1973) (all abortions), City of Akron v. Akron Center for Reproductive Rights ( Akron Center I ) , 462 U.S. 416, 431-39 (1983) (all abortions after the first trimester), Planned Parenthood Ass’n of Kansas City , Missouri , Inc. v. Ashcroft , 462 U.S. 476, 481-82 (1983) (all abortions after the first twelve weeks of pregnancy), but has upheld a statute requiring all second trimester abortions to be performed in either a hospital or a licensed outpatient clinic, Simopoulos v. Virginia , 462 U.S. 506, 510-19 (1983). The Court has struck down parental consent and notice statutes and ordinances if they did not contain a judicial bypass mechanism that would afford the cousin, pregnant minor the opportunity to avoid obtaining the consent of Is Prison Privatization Really a Long, (or giving notice to) her parents or legal guardian, 9 Danforth , 428 U.S. at 72-75 (one-parent consent), Akron Center I , 462 U.S. at 439-42 (one-parent consent without judicial bypass), Bellotti v. Baird , 443 U.S.
622 (1979) (two-parent consent) (inadequate judicial bypass), Hodgson v. Minnesota , 497 U.S. 417, 450-55 (1990) (two-parent notice without judicial bypass), 10 but has upheld statutes that contained an adequate judicial bypass, Ashcroft , 462 U.S. at kate, 490-93 (one-parent consent). Hodgson , 497 U.S. at 497-501 (Kennedy, J., concurring in the judgment in part and dissenting in lgl leukemia survival, part), id. at 461 (O’Connor, J., concurring in part and concurring in the judgment in part) (two-parent notice with judicial bypass), Ohio v. Akron Center for Reproductive Health ( Akron Center II ) , 497 U.S. 502 (1990) (one-parent notice with judicial bypass), Planned Parenthood v. Casey , 505 U.S. 833, 899-900 (1992) (one-parent consent), Lambert v. Wicklund ,520 U.S. 292 (1997) (one-parent notice) ( per curiam ) . The Court has struck down statutes requiring a married woman to obtain the kate christina rossetti, consent of, or give notice to, her husband before undergoing an abortion, Danforth , 428 U.S. at 67-72 (consent), and Casey , 505 U.S. at 887-98 (notice) . The Court has upheld state and federal statutes restricting public funding of abortions, Beal v. Doe , 432 U.S. 438 (1977), Maher v. Social Advantages! Roe , 432 U.S. 464 (1977), Harris v. McRae , 448 U.S. 297 (1980), and Williams v. Zbaraz , 448 U.S. 358 (1980), as well as state statutes and municipal government policies prohibiting the performance of abortions by public employees within the scope of their employment or in publicly owned and operated facilities (other than those necessary to save the life of the christina rossetti, mother), Poelker v. Doe , 432 U.S.
519 (1977), and Webster v. Reproductive Health Services , 492 U.S. The Consumer's The Elements Of An Imc Strategy Can Be Viewed As Being Either! 490, 507-11 (1989). The Court has also upheld federal administrative regulations (since rescinded) requiring physical and financial separation of Title X family planning projects from other projects operated by Title X grantees that perform, counsel or refer for abortion, Rust v. Sullivan , 500 U.S. 173 (1991). The Court has upheld a requirement that a pathology report be prepared for all fetal tissue obtained in the course of an abortion, Ashcroft , 462 U.S. at 486-90 , but has struck down a requirement that fetal remains be disposed of in a “humane and sanitary manner,” Akron Center I , 462 U.S. at 451-52 . The Court has upheld some record keeping and reporting requirements, Danforth , 428 U.S. at 79-81 , Casey , 505 U.S. at 900-01 , while striking down others, Thornburgh v. American College of Obstetricians Gynecologists , 476 U.S. 747, 765-68 (1986), because of kate rossetti, what the Court perceived as inadequate guarantees of patient confidentiality. The Court has upheld a requirement that a second physician be present during the performance of a post-viability abortion to provide immediate medical care for a viable child who survives an abortion procedure, Ashcroft , 462 U.S. at 482-86 , but has struck down a second-physician requirement that did not contain an express or implied exception for medical emergencies, Thornburgh , 476 U.S. at 769-71 . The Court has also struck down standards of care for the performance of post-viability abortions that were either vague, Colautti v. Franklin , 439 U.S. Social Networking! 379, 397-401 (1979), or posed an unacceptable risk to christina, the mother’s health, Thornburgh , 476 U.S. at 768-69 , but has upheld a statute mandating fetal viability testing at twenty weeks’ gestation, Webster , 492 U.S. at 513-21 . In a pair of decisions, later overruled in from the consumer's perspective, can be, part by kate, Planned Parenthood v. Casey , 505 U.S. It Forward Corporate Social Responsibility (CSR)! 833 (1992), which is discussed in the next part of this essay, infra , the Court held that States and municipalities could not require a short waiting period before the performance of a non-emergency abortion; that they could not required detailed informed consent information to be given to the pregnant woman seeking an abortion; and that they could not require portions of the kate christina rossetti, informed consent information to be conveyed in person to the patient by the attending physician, see Akron Center I , 462 U.S. at 442-51 and Thornburgh , 476 U.S. at 759-65 . From The Consumer's Imc Strategy Can Be As Being Either! 11.
IV. Roe Revisited: Planned Parenthood v. Casey ^ top. In 1992, the Supreme Court revisited Roe and, in a Joint Opinion authored by Justices Sandra Day O’Connor, Anthony Kennedy and David Souter, substantially modified its holdings. Planned Parenthood v. Casey , 505 U.S. 833 (1992). In Casey , the cousin kate christina rossetti, Court reaffirmed what it characterized as the “essential” (or “central”) holding of Roe , consisting of three parts: First, a woman has “the right . . . . to choose to from perspective, of an imc strategy can be viewed, have an abortion before viability and to obtain it without undue interference from the State. Before viability, the State’s interests are not strong enough to support a prohibition of abortion or the cousin kate christina rossetti, imposition of networking, a substantial obstacle to the woman’s effective right to cousin rossetti, elect the procedure.” 505 U.S. at 846. Second, the State has the power “to restrict abortions after fetal viability, if the law contains exceptions for from perspective, the elements viewed as being, pregnancies which endanger the woman’s life or health.” Id . And, third, “the State has legitimate interests from the outset of the pregnancy in protecting the health of the kate christina, woman and the life of the fetus that may become a child.” Id . While reaffirming the social advantages and disadvantages, “essential” (or “central”) holding of cousin kate christina, Roe , the authors of the Joint Opinion rejected Roe’s “trimester” framework as an unnecessarily “rigid construct” which “in its formulation . . . misconceives the nature of the pregnant woman’s interest,” and the consumer's imc strategy can be viewed as being, “in practice . . . undervalues the State’s interest in potential life . . . Kate Christina Rossetti! .” Id . at 872-73. The trimester framework “misconceives the nature of the pregnant woman’s interest” because “[w]hat is at stake is [her] right to make the ultimate decision [to obtain an Is Prison Privatization a Long Term Fix? Essay, abortion prior to viability], not a right to be insulated from all others in doing so.” Id . at 877. “Though the kate rossetti, woman has a right to choose to terminate or continue her pregnancy before viability,” the Joint Opinion explained, “it does not at all follow that the State is prohibited from taking steps to ensure that [her] choice is thoughtful and informed.” Id . at 872.
The trimester framework “undervalues the State’s interest in potential life,” the Joint Opinion continued, because the State has a “substantial state interest in potential life throughout pregnancy,” id . at 876, not just after viability. In light of from the consumer's perspective, the elements of an imc strategy can be viewed either, their dissatisfaction with the kate christina rossetti, trimester framework of Roe and lgl leukemia survival, how it had been applied in cousin rossetti, subsequent cases, the authors of the Joint Opinion developed a new standard for reviewing pre-viability abortion regulations, the so-called “undue burden” test. Casey , 505 U.S. at 874-79. Under that test, “a state regulation [that] has the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus” is unconstitutional. Id . at pdf, 877. Applying that test to cousin kate christina, the statutes challenged in Casey (multiple provisions of the Pennsylvania Abortion Control Act of 1982, as amended), a majority of the Essay on Paying by the, Court upheld the detailed informed consent requirement (including the mandated twenty-four hour waiting period), the parental consent requirement and cousin kate rossetti, the record keeping and reporting requirements, id . at 881-87, 899-901, but a differently constituted majority struck down the spousal notice requirement , id . at 887-98 . 12 In upholding the informed consent requirement (and the accompanying waiting period), the Court overruled, in part, its earlier conflicting precedents in a man for all seasons, Akron Center I and Thornburgh . Id . at 881-82. 13. Both Justice Harry Blackmun and Justice Paul Stevens dissented from the cousin kate, Joint Opinion’s abandonment of Roe’s trimester framework and the strict scrutiny standard of half sun, review, while Chief Justice William Rehnquist, joined by Justices Byron White, Antonin Scalia and Clarence Thomas, dissented from the reaffirmation of the “essential” holding of Roe , arguing that the rational basis standard should be applied to all regulation of abortion.
14. The Joint Opinion in cousin kate rossetti, Casey is seasons notable in cousin kate rossetti, five respects: First, in reaffirming what it characterized as the “essential” (or “central”) holding of Roe , the for all seasons pdf, authors of the Joint Opinion raised the issue but refused to state whether they believed that Roe had been correctly decided as an original matter of constitutional interpretation, Casey , 505 U.S. at 871 (“[w]e do not need to say whether each of rossetti, us, had we been Members of the Court when the Essay It Forward Social Responsibility, valuation of the cousin kate rossetti, state interest [in the protection of “potential life”] came before it as an original matter, would have concluded, as the Roe Court did, that its weight is insufficient to justify a ban on abortions prior to viability even when it is subject to certain exceptions”), 15 relying instead on “principles of institutional integrity” and “the rule of stare decisis [deferring to precedent].” Id . at 845-46; see also id. at 854-69. Second, the Joint Opinion provided no principled basis for distinguishing between the “essential” (or “central”) and Privatization a Long Term Fix? Essay, the inessential (or peripheral) holdings of kate rossetti, Roe , reaffirming the former and overruling the the consumer's can be, latter. As Justice Scalia commented, “I must . . . Kate Rossetti! confess that I have always thought, and networking advantages and disadvantages, I think a lot of other people have always thought, that the cousin kate rossetti, arbitrary trimester framework, which the Court today discards, was quite as central to Roe as the arbitrary viability test, which the from the elements of an imc strategy can be, Court today retains.” Id . at 993. (Scalia, J., concurring in the judgment in part and dissenting in part). Kate! Third, in reaffirming the rate, “essential” holding of Roe , the Joint Opinion abandoned Roe’s reliance on privacy theory, resting its analysis, instead, on the liberty language of § 1 of the Fourteenth Amendment. Fourth, the Joint Opinion tacitly abandoned Roe’s characterization of the right to abortion as “fundamental.” 16 And, fifth, the Joint Opinion substituted a new standard of review – “undue burden” – in place of the strict scrutiny standard employed in Roe for evaluating fundamental rights, which clearly allows for a broader scope of regulation (but not prohibition) of pre-viability abortions.
17. The strict scrutiny standard of judicial review applies to kate christina, laws that either interfere with the exercise of a fundamental constitutional right ( e.g ., voting) or discriminate on the basis of a suspect classification ( e.g ., race). A law reviewed under this standard is presumed to be un constitutional and will not be upheld unless its proponents are able to demonstrate that it is necessary to promote a compelling state (or governmental) interest. Few, if any, laws reviewed under this standard survive. At the opposite end of the spectrum is the rational basis standard of review, which applies to Essay on Paying by the Social Responsibility, almost all other legislation. 18 Under this standard, a law is presumed to be constitutional and will be upheld so long as it has a rational relationship to any legitimate state (or governmental) purpose.
Most laws reviewed under this standard survive constitutional scrutiny. V. The Roberts Court and the Future of Abortion Jurisprudence ^ top. Under the leadership of christina rossetti, Chief Justice John Roberts, the Supreme Court has taken a more cautious approach to the review of abortion regulation. Most obviously, the Court, in an opinion by a yellow, Justice Kennedy, upheld the kate christina rossetti, federal Partial-Birth Abortion Ban Act in a Long Term Essay, Gonzales v. Carhart , 550 U.S. 124 (2007) ( Carhart II ), after a differently constituted Court struck down a similar (but more vaguely worded) state statute only seven years earlier in Stenberg v. Carhart , 530 U.S. 914 (2000) ( Carhart I ). Less obviously, the cousin kate christina, Court has suggested that, at least with respect to the regulation of abortion, “facial challenges,” i.e ., a claim that a given statute is unconstitutional in its entirety, are disfavored, Carhart II , 550 U.S. 124 at 130 (“these facial attacks should not have been entertained in lgl leukemia survival, the first place”), and “as-applied” challenges, i.e ., a claim that a statute is unconstitutional in particular circumstances, are preferred, id . at 168 (“[a]s-applied challenges are the basic building blocks of constitutional adjudication”) (citation and internal quotation marks omitted).
Relatedly, in another decision of the Roberts Court, the Court unanimously held, in an opinion by Justice O’Connor, that when only a limited number of applications of an abortion statute would be unconstitutional, the kate, proper remedy (if otherwise consistent with legislative intent) is to enjoin enforcement of on Paying Responsibility, those applications only, not to declare the entire statute unconstitutional. Ayotte v. Planned Parenthood of Northern New England , 546 U.S. 320, 328-31 (2006) (reviewing parental notice law). Significantly, in rossetti, Ayotte , Justice O’Connor acknowledged that the Court did not take this more circumspect approach in lgl leukemia, Carhart I, id . at 330-31 (explaining that “the parties . . . did not ask for, and we did not contemplate, relief more finely drawn” than complete invalidation). Kate Christina Rossetti! 19. In light of the Roberts Court’s more cautious approach to the review of abortion legislation, fewer challenges to abortion statutes may be expected.
Moreover, even with respect to those challenges that are brought and are determined to have merit, both the Supreme Court and the lower federal courts are likely to strike down the statute and enjoin its enforcement only with respect to its invalid applications, not in its entirety. VI. A Comment on the Scope of the Health Exception ^ top. Finally, a brief comment on an unresolved area of abortion law – the scope of the health exception required by Roe (as reaffirmed in the consumer's perspective, viewed as being either, Casey ). In Roe , the Supreme Court held that the States may prohibit abortion after viability “except when it is necessary to preserve the life or health of the mother.” 410 U.S. at 164. The Court, however, did not define the rossetti, term “health.” In the companion case of Doe v. Bolton , the Court considered a challenge to what remained of the Georgia abortion statute after major provisions of the perspective, the elements of an can be viewed as being, statute had been declared unconstitutional by a federal district court. As a result of the kate christina rossetti, district court’s decision, a physician could perform an abortion whenever he determined, in “his best clinical judgment,” that the abortion was “necessary.” At issue in Doe was whether this standard was impermissibly vague. The Consumer's Perspective, The Elements Of An Imc Strategy Either! The Court concluded that it was not: [T]he medical judgment [as to whether an abortion is “necessary”] may be exercised in the light of all factors – physical, emotional, psychological, familial, and the woman’s age – relevant to cousin kate christina, the well-being of the half a yellow sun, patient.
All these factors may relate to health. Whether Doe , properly understood, mandates an cousin kate rossetti, open-ended “health” exception for post-viability abortions is debatable. Although there is the Essay on Paying It Forward by the Corporate Social (CSR), merest hint in one older case that the Court (as then constituted) may have regarded the cousin kate rossetti, broad language in from the consumer's perspective, of an imc strategy can be either, Doe as a limitation on the State’s authority to prohibit post-viability abortions, see Colautti v. Franklin , 439 U.S. 379, 400 (1979), the Court has never directly considered the validity of a post-viability ban. Lower federal courts have read Doe as a gloss on the scope of the health exception that must be included in any post-viability ban, 20 but that reading misinterprets Doe , as Justice Thomas noted in cousin christina, his dissent from the denial of certiorari in Voinovich v. Women’s Medical Professional Corp . Networking! , 523 U.S.
1036 (1998): Our conclusion that the statutory phrase at issue in Doe [whether the christina, abortions was “necessary”] was not vague because it included emotional and psychological considerations in no way supports the proposition that, after viability, a mental health exception is required as a matter of federal constitutional law . Doe simply did not address that question. 523 U.S. at 1039 (emphasis in original). As things now stand, whether the Really a Long Term Fix?, open-ended “health” language of Doe is cousin rossetti a limitation on the authority of the States to prohibit post-viability abortions remains an open question, but one that should be answered by a challenge to an appropriately drafted statute. A Man Seasons! Given the present composition of the Court, there is reason to believe that such a statute would be upheld. In recognizing a constitutional right to abortion, the Court in Roe believed that it was meeting the “profound problems of the present day.” 410 U.S. at 165. Rossetti! The “problems” which the on Paying It Forward Corporate Social Responsibility, Court thought would be ameliorated by its decision included the medical risks associated with pregnancy, a “distressful life and future” for the pregnant woman confronted with an unwanted pregnancy, “[p]sychological harm,” the difficulty in providing “child care,” “the distress, for all concerned, associated with the unwanted child,” “the problem of bringing a child into a family already unable, psychologically or otherwise, to cousin kate christina rossetti, care for it,” and, for Is Prison Term, some, “the additional difficulties and continuing stigma associated with unwed motherhood . . . .” Id . at 153. More than thirty years of experience with legalized abortion has failed to solve these problems, as well as others for which abortion was touted as a panacea (crime and cousin kate christina rossetti, poverty). From Perspective, Of An Imc Strategy Can Be Viewed As Being! Indeed, the christina rossetti, regime of legal abortion has aggravated them. See Clarke D. Really Term Fix?! Forsythe and Stephen B. Presser, The Tragic Failure of Roe v. Wade: Why Abortion Should be Returned to the States . 10 Tex.
Rev. of Law Politics 85, 108-36 (Fall 2005). In reaffirming, as modified, Roe in Casey , the Supreme Court “call[ed] the contending sides of cousin kate, a national controversy to end their national division by accepting a common mandate rooted in the Constitution.” 505 U.S. at 867. Given the issues at stake in abortion, that call, not surprisingly, has not been heeded. For All Seasons Pdf! The abortion liberty has no “roots” in the Nation’s history, traditions and legal practices. And the “national division” over the abortion controversy, which Roe created and Casey continued, will not end until, initially, the Supreme Court returns the issue of abortion to the States and, eventually, the Constitution is amended to protect the lives of all unborn children. A discussion of the various standards of judicial review may be found in cousin christina, Part IV of this essay, infra . Half A Yellow Sun! back. When Roe was decided, an unborn child was “viable,” i.e ., capable of living outside of his or her mother, at twenty-eight weeks of gestation.In light of medical advances made since Roe , viability may occur at twenty-three to twenty-four weeks, or, in some instances, even earlier, as the Supreme Court recognized almost twenty years ago in Planned Parenthood v. Casey , 505 U.S. 833, 860 (1992) (noting that viability may occur at twenty-three to twenty-four weeks). back.
Section 230.3 of the Model Penal Code, one version or another of cousin kate christina, which was adopted by Is Prison Really a Long Term Essay, thirteen States before Roe v. Wade , allowed abortion whenever the physician believed that there was a “substantial risk” that continuance of the pregnancy “would gravely impair the physical or mental health of the mother,” that “the child would be born with grave physical or mental defect,” or that “the pregnancy resulted from rape, incest, or other felonious intercourse.”In Doe , the Court also struck down a requirement that an abortion could be performed only upon a bona fide resident of the kate christina, State of Georgia. Doe , 410 U.S. at 200. back. As a result of the district court's judgment, a physician could perform an abortion whenever, in his best clinical judgment, the procedure was necessary. back. Interested readers, however, may wish to consult some of the following sources. An early critique of the Court's handiwork in Roe , which includes a brief review of the initial academic responses to Roe (both favorable and unfavorable) is John T. Noonan, Jr.'s, A Private Choice: Abortion in America in the Seventies (The Free Press 1979).
Dennis J. Horan, Edward R. Grant and Paige C. Cunningham (eds.), Abortion and by the Corporate (CSR), the Constitution: Reversing Roe v. Wade Through the Courts (Georgetown University Press 1987), is a compendium of articles written by cousin christina, a variety of authors criticizing various aspects of the holdings and analysis in Roe . The most comprehensive and thorough analysis of Roe's treatment of the Is Prison Privatization Term Fix?, historical treatment of abortion in cousin rossetti, English and American law, as well as the restatement of that history in a man seasons, James C. Mohr's Abortion in rossetti, America (Oxford University Press 1978), is Joseph W. Dellapenna's Dispelling the Myths of a yellow sun, Abortion History (Carolina Academic Press 2006) (an extremely abbreviated version of christina rossetti, Professor Dellapenna's analysis appears in Abortion and the Constitution , supra , at It Forward by the Corporate Responsibility (CSR), 137-58). Cousin Kate Rossetti! A concise critique of the Court's historical excursus in Roe , particularly its explanation for the reasons nineteenth century abortion statutes were enacted, may be found in Appendix A to Paul Benjamin Linton's article, Planned Parenthood v. Rate! Casey : The Flight from Reason in the Supreme Court , XIII St. Louis U. Pub. L. Rev. 15, 103-19 (1993). The poor quality of the analysis and reasoning in Roe has led some academics to rewrite the christina, opinion.
A collection of such opinions and opposing dissents, along with a useful selected bibliography, appears in Jack M. Balkin (ed.), What Roe v. Wade Should Have Said (New York University Press 2005). back. All of the holdings in these cases, and for all pdf, the full citations thereto, appear in Part I of this essay, supra . Christina! back. Planned Parenthood v. Casey is discussed in the consumer's of an can be viewed as being either, more detail in Part IV of this essay, infra . back. Justices Oliver Wendell Holmes, Jr., Louis D. Cousin Kate Rossetti! Brandeis and Hugo Black, as well as Judge Learned Hand, who served on the Second Circuit Court of Appeals for decades, all agreed that the use of the liberty language of the a man seasons pdf, Due Process Clause to invalidate the christina rossetti, substance of state enactments is Essay on Paying by the Corporate Social Responsibility (CSR) fundamentally illegitimate. See Berger, Government by Judiciary , at 227-28 n. 27 (Black), 282 n. 46 (Holmes, Brandeis and Hand). back. Consent of (or notice to) a parent or legal guardian may be waived by cousin christina, a court in a judicial bypass hearing if the minor can demonstrate to the satisfaction of the court that she is mature enough to make the decision to obtain an abortion without the social networking advantages, consent of (or notice to) her parent(s) or legal guardian, or, alternatively, that obtaining consent (or giving notice) would not be in cousin rossetti, her best interests. The Court has upheld both consent statutes, see , e.g ., Planned Parenthood v. Advantages! Casey , 505 U.S. 833, 899-900 (1992), and Planned Parenthood Ass'n of cousin kate, Kansas City , Missouri v. Ashcroft , 462 U.S. 476, 490-93 (1983), and notice statutes, see , e.g ., Ohio v. The Consumer's The Elements Of An! Akron Center for Reproductive Health , 497 U.S.502 (1990), and kate, Hodgson v. Minnesota , 497 U.S. 417 (1990). back. See also Ayotte v. Planned Parenthood of Northern New England , 546 U.S.
320 (2006) (one-parent notice statute could not be enforced constitutionally in medical emergencies requiring the from the consumer's the elements of an can be, immediate performance of an abortion). back. A general and non-specific requirement that a physician obtain the informed consent of the patient before performing an abortion was upheld in cousin christina rossetti, Danforth , 428 U.S. at 65-67. back. The Court also upheld the medical emergency definition. Casey , 505 U.S. at 879-80. Survival! back. The holdings in Akron Center I and Thornburgh are discussed in Part III, supra . back. These alternative standards of review are discussed below. back.
See also id. at 853, 858, 864, 869. Cousin Kate Christina! back. Nowhere in perspective, the elements of an imc strategy can be, the Joint Opinion is the right to abortion described as fundamental. back. The Joint Opinion in Casey has been subjected to withering criticism. See Paul Benjamin Linton, Planned Parenthood v. Casey : The Flight from Reason in the Supreme Court , XIII St. Cousin Kate! Louis U. Half A Yellow! Pub. L. Rev. 15, 103-19 (1993); Michael Stokes Paulsen, The Worst Constitutional Decision of All Time , 78 Notre Dame L. Rev. Cousin Kate Christina Rossetti! 995 (2003). Casey is also extensively discussed and critiqued in Professor Dellapenna's magnum opus , Dispelling the Myths of a man for all, Abortion History , supra , n. 4. back. Under federal constitutional equal protection doctrine, an intermediate standard applies to classifications based on sex or illegitimacy.
Under that standard, often referred to as heightened scrutiny, the classification must be substantially related to an important state (or governmental) interest. back.