Thursday, October 31, 2019
Social movement protest art -- Mexican American inequality in usa Research Paper
Social movement protest art -- Mexican American inequality in usa - Research Paper Example Consequently, he encouraged her and supported her artistic work. Fridaââ¬â¢s paintings depicted her tumultuous and painful life. Nonetheless, her paintings made her leave a legacy as the greatest Mexican woman painter. She used a distinctive style of folkloric in her paintings, mainly on the different experiences and aspects of her life (Meadows, p. 57). Her paintings were self-portraits and still life, mostly capturing moments in her life. The issues she covered in her paintings included her unstable relationship with Diego Rivera, her inability to have children, psychological and physical pains after a bus accident, and other experiences she had (Meadows, p. 57). Similarly, Diego Rivera is considered the greatest Mexican painter of the 20th century. He was born in 1886 in Guanajuato, Mexico (CMMCA, p. 10). He chiefly excelled in the international art scene, where he championed the reintroduction of fresco painting into the modern art and architecture arena. He was also known for his radical political views and obsessive romance with Frida Kahlo, which intrigue the public even in modern times (CMMCA, p. 1). Through exhibitions in public spaces and galleries in the 1930s and early 1940s, Rivera brought his unique art and vision into the public. Through these exhibitions, he enlightened and inspired artists as well as his audiences. Using the fresco or wall painting genre in universities and other public buildings, he managed to introduce his work into the daily lives of the people (CMMCA, p. 2). Rivera favored fresco paintings, which are murals done on fresh plaster. Some of the themes dear to him included the physical process of human development and technological progress and its effects on life and lifestyle (CMMCA, p. 2). His other themes were the future of humanity and history. Being a Marxist, Rivera used his medium as a cure for the elite walls of galleries and museums. He was not only interested in history and human
Tuesday, October 29, 2019
Do-Not-Resuscitate in the Operating Room Essay Example | Topics and Well Written Essays - 1000 words
Do-Not-Resuscitate in the Operating Room - Essay Example Due to the patientââ¬â¢s sickness, confusion or dilemma, the person may not be in a position to make the decision as per their stand. However, the situation forces them to make the decision. In a case whereby an individual is totally unable to make a decision by themselves, there is involvement of a Surrogate decision maker ( Vetsch, 2002). In the absence of a written document, people close to the patient and familiar with his wishes may be used. The law recognizes a hierarchy of family relationships in determining which family member should be the official "spokesperson," though generally all close family members and significant others should be involved in the discussion and reach some consensus. The hierarchy includes a legal guardian, individuals given power of attorney for health decision making, spouse, handout children, guardians or adult siblings in agreement. The facts about the CNR order is that, it is necessarily important to be filled at this stage. It will show the will of the patient you take risk of the situation, and in case the whole operation process leaves the patient dead, there is no blame as to the cause of their death. The DNR also addresses family issues related to the patient, such as inheritance and next of kin. However, the whole process is approached with mixed emotions. The DNR in an operation room makes the whole operation scaring. Thoughts emerge concerning the limited chances of survival in the operation process. These decisions are mandatory and most of the patients fill these information, as a matter of fact just because that is required of them, but not as per their will. There is a gap in the information provided with the actual and normal situation. This is because the patientââ¬â¢s state of sickness may not allow them to make sound decisions. In the case of a surrogate decision maker, the involved may rarely make
Sunday, October 27, 2019
The role of Marketing Strategy and Planning
The role of Marketing Strategy and Planning What is the role of marketing strategy and planning in a business? As a number of literature and empirical research underline the importance of marketing strategy and planning (Cannon 1978; Drechsler et al. 2013; Bearden 2001), this paper aims to demonstrate the importance of strategic marketing planning and to discuss their roles in the business. It will be divided into three parts. First, related literature will be reviewed to define marketing strategy and planning. Then, the paper discusses marketing strategy and planningââ¬â¢s functions. And in the final part of the paper, example from venture project will be illustrated to display how these functions apply. Marketing strategy and planningââ¬â¢s definition Strategy provides direction and exhibits long-term objective, in which all organizational approaches and resource allocation need to relate to (Jain et al. 2012; Porter 2002). The strategy refers to three levels, corporate, business and marketing (Bearden, 2011), which need to be coherent and consistent to one other (Jain et al. 2012). Corporate strategy provides overall organizational guideline, such as corporate vision and establishment of key business objectives, whereas, strategy in business level relates to overall market, for instance, a market scope (Bearden, 2001). In marketing level, strategy will specifically deal with the marketing mix, target market and marketing execution (Bearden, 2001), for example, unique selling point (USP) proposition, pricing strategy, finance and operations (Lavinsky 2013; Githens 2011). While strategy frames direction, planning deals with detailed implementation and determines a mean in terms of timing and sequence (Jain et al. 2012). It displays what and how to execute strategies in detail (Bearden, 2001), and includes contingency plans to cope with unexpected situations (Schilit, 1987). There is a slightly difference between marketing strategy and planning terms, nevertheless, they are, somehow, relevant. Strategic marketing planningââ¬â¢s roles While marketing strategy functions as a guideline or ââ¬Ëwhat-to-doââ¬â¢, marketing planning associates with ââ¬Ëhow-toââ¬â¢ implement those strategies (Jain et al. 2012; Lake n.d.). As these two concepts show a mutual supported process (Lake, n.d.), a combination between two areas, strategic marketing planning (SMP) is emerged. SMP is a term to describe a strategic guideline that all organizational staff undertakes to yield expected outcomes (Baker 2007; Lorette n.d.). So, the following section will focus on SMP by describing factors that shape marketing strategy and SMPââ¬â¢s functions in a business. Supported by Cannon (1978), Jain et al. (2012) proposed that marketing strategy concerns with external assessment, which are customerââ¬â¢s needs and competitor analysis, and internal evaluation, which is companyââ¬â¢s capability. The interplay among these three pillars, or 3Csââ¬â¢ analysis, shapes marketing strategy (Hernandez, 2013). Consequently, strategic marketing reflects customerââ¬â¢s needs, creates product differentiations and corresponds to companyââ¬â¢s capabilities properly (Nystrà ¶m 1986; Hernandez 2013; Drechsler et al. 2013). Based on aforementioned planning characteristics and three strategyââ¬â¢s factors, strategic marketing planning yields four main beneficial functions (Blythe and Megicks 2010; Lorette n.d.). First of all, (1) SMP minimises potential risks related to inconsistency between marketing plan and customersââ¬â¢ needs (Cannon, 1978). As a well-conducted research reflects true customersââ¬â¢ needs, marketers could launch desirable product that match to the market. Secondly, (2) a well-organized SMP generates sustainable competitive advantages, such as distinct unique selling point. Thirdly, (3) SMP is a guideline for marketers to pursue business goals regards to certain aspects, for example, it shows financial forecast and clear-cut role allocation, leading to effective financial management and operational efficiency. Lastly, (4) as SMP includes 3Cââ¬â¢s model analysis, potential opportunities in the future are identified (Schilit, 1987). Overall, SMP plays important roles, which relates to customer (a desirable product that serves marketââ¬â¢s needs), competitors (the marketing mix differentiation), and company (an effective resource allocation). It also allows marketers to recognize future opportunity if SMP has been developed properly (Schilit, 1987). Example: Foodmates, a student cooking community application To demonstrating SMP functions, this following example, a venture project, will be illustrated. Foodmates is a cooking community application for Manchester-based students. To initiate this idea, marketing strategy was established according to three pillars, which are customer, competitor and company. With respect to customer, we reviewed secondary data and conduct primary research to identify opportunities that we could tap into. Students in Manchester represent potential market with specific needs and problems. Three vital student-related implications were raised, which are the lack of cooking skills, high mobile application penetration rate, and active social network interaction. We also included questions to test Foodmatesââ¬â¢ conceptual idea. This will ensure that Foodmates will not be rejected from the market. Consequently, our business will bear less of potential risks that might be posed. As cooking application is in a highly competitive market, we analyse competitorsââ¬â¢ strategies and their marketing mix, to create differentiation. According to these analyses, we hold on to our 3Sââ¬â¢s USP, which are student-focused, simple recipes and sharing community, as our distinct attributes. Foodmates is the online cooking space, where Manchester-based students can contribute their simple recipes to others by posting food pictures with described recipes. This mechanic encourages sharing simple menus, which makes us different from other cooking applications. In companyââ¬â¢s assessment aspect, we did financial forecast to estimate start-up budget and considered who should take responsible for particular jobs. Even though they were hypothetically estimated, it allows us to get a picture of what aspects marketing plan should include, and how marketing plan plays a role as a roadmap to achieve business goals. Conclusion In conclusion, marketing strategy determines direction, while planning relates to mean and implementation. The integration between these two aspects triggers strategic marketing planning (SMP) process. The roles of SMP are primarily based on three essential dimensions, which are customer, competitor and company. An effective SMP will reflect customersââ¬â¢ needs so it lowers productââ¬â¢s failure rate in particular market. Moreover, it creates not only product differentiation, but also effective resource allocation within the company. By consider customer, competitor and company aspects, the ultimate goal of SMP is a companyââ¬â¢s sustainable success over other competitors in the market. References BAKER, M.J. (2007), ââ¬Å"Marketing and corporate strategyâ⬠, in BAKER, M.J. (ed.), Marketing strategy and management, 4th ed., Palgrave Macmillan, New York, p. 50-76. BEARDEN, W.O. (2001), ââ¬Å"Marketingââ¬â¢s strategic role in the organizationâ⬠, in BEARDEN, W.O. et al. (eds.), Marketing: Principles Perspectives, 3rd ed., McGraw Hill Irwin, Boston, p. 51-73. BLYTHE, J. and MEGICKS, P. (2010), ââ¬Å"Introduction to marketing planningâ⬠, in BLYTHE, J. and MEGICKS, P., Marketing Planning: Strategy, Environment and Context, Pearson, Edinburgh, p. 1-22. CANNON, T. (1978), ââ¬Å"New product developmentâ⬠, European Journal of Marketing, Vol. 12 No.3, p. 217-248. DRECHSLER, W. et al. (2013), ââ¬Å"Improving Marketings Contribution to New Product Developmentâ⬠, Journal of Product Innovation Management, Vol. 30 No.2, p. 298-315. GITHENS, G. (2011), A guide to the three types of strategy and business model scope, [Online] Available from: http://leadingstrategicinitiatives.com/2011/07/10/a-guide-to-the-three-types-of-strategy-and-business-model-scope/ [Accessed 11/01/2014]. HERNANDEZ, H. (2013), Simple Approach to a high level 3Cââ¬â¢s Analysis, [Online] Available from: http://ochodigital.com/blog/simple-approach-high-level-3cs-analysis/ [Accessed 23/12/2013]. JAIN, S.C. et al. (2012), ââ¬Å"Marketing and the concept of planning and strategyâ⬠, in JAIN, S.C. et al. (eds.), Marketing planning and strategy, Cengage, Australia, p. 3-27. LAKE, L. (n.d.), Marketing Strategy vs. Marketing Plan, [Online] Available from: http://marketing.about.com/od/marketingplanandstrategy/a/Marketing-Strategy-Vs-Marketing-Plan.htm [Accessed 23/12/2013]. LAVINSKY, D. (2013), Marketing plan template: Exactly what to include, [Online] Available from: http://www.forbes.com/sites/davelavinsky/2013/09/30/marketing-plan-template-exactly-what-to-include/ [Accessed 11/01/2014]. LORETTE, K. (n.d.), The role of marketing planning in business, [Online] Available from: http://smallbusiness.chron.com/role-marketing-planning-business-3234.html [Accessed 23/12/2013]. NYSTRÃâ"M, H. (1986), ââ¬Å"Balancing competition and cooperation, the key to successful marketing strategyâ⬠. In: 3rd International I.M.P. Research seminar on international marketing, France, September 1986. France: IMP, p. 1-19. PORTER, M.E. (2002), ââ¬Å"What is strategyâ⬠, in MAZZUCATO, M. (ed.), Strategy for business, SAGE, London, p. 10-31. SCHILIT, W.K. (1987), ââ¬Å"How to write a winning business planâ⬠, Business Horizons, Vol.30 No.5, p. 13-22.
Friday, October 25, 2019
Time management Essay -- essays research papers
Time Management for College Students We all know the sound that is very familiar to us: tick, tick, tick. No, itââ¬â¢s not the sound of our favorite movie coming on; Itââ¬â¢s time moving on. College students often find that time is the hardest goal to conquer. Time isnââ¬â¢t really a goal. Finding time to complete all of our task is a goal. As a student there are some basic principals of time management that you can apply. Identify the best time for studying. Everyone has high and low periods of attention and concentration. Are you a morning person or a night person? Use your power times for studying, especially if you have children. Use your down times for cleaning, laundry, and running errands. If you have a job like most of us do, make a slot in your day for studying. Study difficult ...
Thursday, October 24, 2019
Hip-Hop and R&B Essay
It is safe to say that expressing oneself is exerted differently amongst individuals and forms, and in many cases an art is created. The list of different art forms, artists, art-type etc. extends, and a popular art form on this list includes music. Music is a category in relation to art, but also contains many categories within itself. It is a broad subject that connects from: Country, Pop, Gospel, Opera, Hip-Hop, Rap, Tech, R&B etc. I am an individual who sees the beauty and greatness in all music, but happens to be passionate about two particular genres previously listed. R&B and Hip-Hop are two genres of music that are capable of dissection into small details, separating their differences and similarities. When I listen to and/or observe these two genres, I tend to notice certain contrasts and comparisons. The two music genres, Hip-Hop and R&B, share many similarities and differences especially involving the formatting, lyricism, and tone and/or melodies. Hip-Hop and R&B songs are both constructed with different instrumentals, but sometimes vary in style. R&B songs tend to portray more of a relaxed, sensual feel, whereas Hip-Hop songs are more for dancing actively. Two of my favorite R&B and Hip-Hop songs at the moment, ââ¬Å"Paint This Houseâ⬠and ââ¬Å"Senileâ⬠, exemplify this. In these songs, like many others, certain keys are used promoting a base sound. Base appears often in Hip-Hip songs, and is usually recognized by its distinct sound in relation to a ââ¬Å"boomâ⬠noise. Parties and clubs show how this sound incorporated with music affects people. Along with the crowd, the Hip-Hop songsââ¬â¢ instrumentals, inclusive of a base, makes people want to dance; as also, the case with me. The instrumental also plays a role in the vocalization of a song, leading to an artistââ¬â¢s approach to the song. When I hear certain R&B beats, I automatically think of how I would sing on it and lyrics. The simple formation of the instrumental affects my mindset and mood, leading to sadness, anger, or happiness etc. related lyricism. The occurrence of these emotions in songs could also display its genre. Various artists belonging to these groups outline their songs based on theirà genre. The artistââ¬â¢s genre affects the songââ¬â¢s lyricism with the two genresââ¬â¢ different purposes. There have been countless times that I have altered the way I sing or rap a song, because of its genre amplifying or altering my mood. A television show I watched one time, broadcasted an interview with the R&B artist Brandy; an interview in which Brandy exemplified how the instrumental she received, moved her and in a sense, her voice. Most Hip-Hop artistsââ¬â¢ songs differ in lyricism from R&B songs, to appeal to different audiences. Some people only enjoy certain types of music, leaving the void filled by artists that make such songs. Certain vocalization could also prove to attract people, like high-pitched vocals on songs. With the exception of a rapper on an R&B song, singers display more vocal-play on songs. With the melodies singers create, R&B songs differ from Hip-Hop songs; though Hip-Hop artists sometimes create melodies without always singing. Pop and rap songs played on the radio today provide examples of a method of singing, without having to actually sing much; this method is known as Auto-tune, which makes a computerized noise. A singer can also create a Hip-Hop song, though Hip-Hop songs are usually rap-oriented. Different R&B artists have experimented with rap in their music, reciting rap-influenced lyrics with a melody. Various cases even show how singers use Hip-Hop instrumentals at times, but sing personal, self-written, or unrelated lyrics. I have covered songs with friends in which I sang and was at an advantage on certain vocal parts, seeing as how I naturally sing. This ability allows me to alter songs in a different way, including Hip-Hop songs. ââ¬â¹Music is one factor possessing the ability of creation through countless amount of ways. A slight noise could trigger my instinct to create a melodic beat from it, and sing random lyrics. This effect is not only the case with me, but many musical geniuses existing today or previously. Music serves as a stress-reliever, escape etc. so it ultimately affects the production of a song. It is these changes in the formation, that leads to noticeable similarities and differences of a song. The music genres, Hip-Hop and R&B, play a major role in society differentiating whilst also relating; this, in terms of different factors shaping the production of a song. To make a song,à many aspects could be assessed connecting from choice of words, beat etc. These particular aspects are the main ones I pay attention to when listening to music, providing a platform in which to compare and/or contrast in many ways.
Wednesday, October 23, 2019
A study of gender inequality in different child custody cases Essay
Gender inequality in child custody cases has been happening since custody hearings were created. Today, fathers are less likely to win custody of their children; resulting in court and legal fees that the mothers do not have to pay. Regardless of the parents living situation or income, if the mother is physically healthy enough to raise the child, she has a major advantage.à On top of everything else, men are more likely to owe increasing child support, even if they are hurt or arrested for non-payment. Itââ¬â¢s inequality like this that has plagued the family courts forever, giving them a biased and bad name. Going back to times such as the 1970s, it is well noted that even then gender inequality was quite rampant. Not only is it now well-known and admitted, but many feel with the removal of ââ¬Ëtender yearsââ¬â¢ law (feeling that women raised the children, this should be primary caregiver) that inequality was taken care of; this obviously not being the case. à ââ¬Å"Indeed, typical statutory provisions at least implicitly encourage courts to consider past parental participation. Moreover, evidence that courts continue to favor mothers in custody disputes suggests that the pre-divorce caretaking function is valued.â⬠(Elizabeth S. Scott) Not only is this seen and documented to be the same for many states; it can get even worse for small towns and municipals as their rulings have a higher chance to be biased and go unpunished and undocumented. While there are waivers to get court fees waived, many times the court rejects these fee waivers; resulting in immense costs for fathe r. If the father wants to claim custody of his child, some places may make the father file a petition for adoption (even if he is the biological father), which cost money to file. Fees for this could range from $20 to $200; something a struggling father with legal fees could usually not easily pay. With all these legal fees the father will also have to pay for any attorney fees; and for the attorney themselves. There have been many reported cases of mothers who can not support their children, being awarded custody for supposedly other reasons; while the father who could support the child is writing off as unfit. For example, there have been several cases where homeless mothers were award full custody of their children, while the father had a stable living situation. Not only living situation wise, but women who donââ¬â¢t have a stable source of income are often not seen as a problem in the eyes of the court. It operates under the guidance that women can get more government aid (such as welfare) for their children; often resulting in poor treatment of children due to improper nutrition and medical care. All of this is taking place due to courts going for what they feel would be the ââ¬Ëbest interestââ¬â¢ of the child, rather than the main negatives and benefits for each parent. More often than not, more care is done when a parent informs the court they want to move out of state with the child. This usually brings about a full inspection into both parents history, so to decide the right choice and not send a child out of state with an unfit parent. Operating on this backing is wrong, and this concept should be applied to every family court case regardless of circumstances or not. However, if a father was awarded custody, and wanted to move out of state to ââ¬Å"start fresh againâ⬠or maybe ââ¬Å"pursue love in another areâ⬠then more often than not the court would deny the father the ability to move out of state. ââ¬Å"Where I practice, a parent wishing to move with their child out of state has to pass a two-part test. Part One: show the court a legitimate reason to move. Part Two: show the court that the move is in the best interests of the child.â⬠(Nancy Shannon) More often than not courts find a problem with moving the child out of the motherââ¬â¢s state, due to incorrect thinking that all mothers are the best fit to parent their childre n; or they need to have the ability to be in contact with their children. On top of the discrimination and work required most fathers need to do in order to get custody of their child if they fail the results could end up being crippling and life ruining.à If a father is made to pay child support, right out of the court he is already in debt. Not only are the legal fees now imposed, but he now has to pay an additional monthly fee; sometimes even surpassing the cost of their monthly rent. This leads a lot of child support payers to end up not being able to pay; resulting in their arrest. What makes the entire situation worse is that once in jail their fees do not stop. The debts continue to accrue and once they get out, it could become a vicious cycle of not being able to pay, being arrested, and then being released. Yet somehow this is not the entire story of it. If you get hurt or have a medical injury making you unable to work, your payments still do not stop. You have to make a petition to the judge with proper documentation (which could be costly to print out depending on state medical information laws) and even then a judge may decide your injury is not debilitating enough. This one event in a personââ¬â¢s life could result in the rest of their life being ruined. ââ¬Å"All I was saying was, ââ¬ËGive me an opportunity instead of throwing me in jail because that just puts me further behind in child support,ââ¬â¢Ã¢â¬ Ferebee says. ââ¬Å"Let me find work so I can earn money.ââ¬â¢Ã¢â¬ This year, Ferebee was headed to jail a fifth time for failure to pay child support.â⬠(Tina Griego) This could turn your life into a ââ¬Ëdebtors prisonââ¬â¢ where there is no hope for escape, and once the process has started each day makes recovery more and more improbable. There should be more options available to the father that cannot pay; such as working the payment off in community service or being forced to an assigned job for a certain amount of payment until the balance is resolved. This not only means fewer pe ople in the jails for non-violent crimes but a better chance at actually paying the debt.à Unfortunately, the standard today is to just increase the debt hoping that the person could eventually afford it. One of the most compelling arguments against gender bias in court would have to be that because women usually take care of the children more often, they should be the primary caretaker. Several well-known judges had been surveyed about this, and many have told they feel this is not bias. Most judges are not getting a direct view of the household. That is why each case needs to be verified on a person-to-person basis, rather than a gender basis (i.e. look at BOTH the mother and father for the best living situation). ââ¬Å"Her article holds that mother preference is not a gender biased opinion if the mother was the primary caretaker of the childââ¬Å¸s past.à She writes that bias is often seen because ââ¬Å"fathersà are often given more credit than mothers for doing what is expected of mothers, to penalize mothers more than fathers for extramarital affairs, and to think that a motherââ¬Å¸s investment in her career is selfish while a fatherââ¬Å¸s is the act of a responsible providerâ⬠(Lindsay R. Estep) This quote does wonder for speaking about the current legal system regarding gender. The court official who spoke in that quote clearly demonstrates (albeit with a bit of truth in some parts) gender bias, and fails to recognize it. There are also a few things that need to be addressed regarding the quote. When the official speaks about the mother being the primary caretaker, her assumptions are wrong. If a mother was a primary caretaker of the child (i.e. father works while the mother stays at home) that does not give her any more parental rights than the father and vice versa. One of the reasonââ¬â¢s a divorce could be happening is due to the motherââ¬â¢s neglect of the child while the father was away. Going with the current logic of the court official, the neglectful mother would be given the child, due to previous caretaking. The issue is that is not just an isolated problem, many places all over experience this issue, and itââ¬â¢s met with no resistance. The correct part of the quote is true, a mother can work while the father stays at home and vice versa. If this was the case she would not, and should not be penalized. The problem with this all is nothing is being done. Even though the mass public outrage, and people standing up against bias, places like the Supreme Court fail to do anything to prevent further discrimination. ââ¬Å"No case so clearly prohibits consideration of sex in custody cases. It should be noted, however, that there was a potential gender issue in Palmore that received no attention from the Supreme Court. It appears that Linda began cohabiting with Clarence before they were married.â⬠(Katherine Bartlett) This case Is well known because it enforced and helped prove the clear gender bias of sex without marriage; regardless of if the bias was on the female ââ¬Å"Nothing more seems to have been made of this factor, either by the trial court or on review, but some courts have since noticed that mothers who cohabit outside of marriage, tend to be penalized in ways fathers who cohabit outside of marriage are not.â⬠(Katherine Bartlett) While women face the same gender bi as in some ways, in the ways people tend to care about (who gets the child, who pays fees, etc.) is where men get overlooked in quality. This quote is important because if itââ¬â¢s known and documented of a clear gender bias, why hasnââ¬â¢t the Supreme Court stepped in and introduced better legislation and guidelines to prevent further bias? The problem is old legislation, and the refusal to make a change. A currently former Supreme Court judge Antonin Scalia was quoted as saying the constitution does not dis-allow gender bias.à While not true, a Supreme Court judge, who supposedly should be speaking for the constitution, should not help spread and promote miss-information. On top of that, he was never corrected or reprimanded.à The only consequence of that action was ââ¬Ëbad pressââ¬â¢. This quote not only helps smaller local courts continue their bias but miss-informs them that they are acting legally.à Better legislation and better education for judges need t o be passed before anything can be done. And while there are many arguments that women also face these problems (and while that may be true) the problem itââ¬â¢s usually the men. Women are given more chances and exceptions than the men. Several document court cases have shown that on average women are given more chances to earn money and pay it, should they be ordered to pay child support. This could either be the judge informing them of state opportunities like welfare and social security, unlike the men who usually are faced with arrest threats or an actual arrest. Another idea in the system is that the reason they are in family court is often due to the father being unfit in the first place (I.e Domestic violence, threats, abuse). This is an obvious oversight into a small population of the people.à More often than not itââ¬â¢s just a case of a family not working well together, and no actual abuse or crimes have taken place. On top of that, when it comes to dishing out child support, the mother will likely have t he advantage; also awarded more money ââ¬Å"In spring 1992, about one-half (6.2 million) of the 11.5 million custodial parents were awarded child support; award rates were higher for mothers than for fathers (56 percent compared with 41 percent)â⬠(U.S. Department of Commerce) Overall, when it comes to dealing with the family courts, men are less likely to win custody of their own children. Those who have a chance at it, are often met with extreme legal fees more so than the mother. Women are often seen as a childââ¬â¢s protector so in the eyes of the court they are usually seen as the fit parent right from the start. It has also been noted that menââ¬â¢s job status and living situation is looked into more than the womenââ¬â¢s. This is due to the assumption that women get more government aid to assist them than men; this not being true but is still a common misconception. Inequality in the courts has been taking place ever since they have been around. The problem isnââ¬â¢t that they refuse to acknowledge it, the problem is itââ¬â¢s acknowledged and yet nothing is done about it today. Works Cited: Elizabeth S. Scott.à Pluralism, Parental Preference, and Child Custody Berkley Scholarship Law,à à May 1992 Nancy Shannon. Custody Relocation Case Study: A Judgeââ¬â¢s Ruling on Moving Out Of State Cordell & Cordell Divorce Lawyerà à à May 2014 U.S. Department of Commerce. Who Receives Child Support? Economics and Statistics Administration. BUREAU OF THE CENSUSà à à June 1995 Tina Griego. Locking up parents for not paying child support can be a modern-day ââ¬Ëdebtorââ¬â¢s prisonââ¬â¢Ã à à September 26, 2014 Lindsay R. Estep.à Mommy or Daddy?: Perceived Gender Bias and Court Awarded Custodial Guardianship à à à à à à à à à à à April 27, 2011 Katherine Bartlett. Comparing race and sex discrimination in custody cases à à à à à à à à à à à Duke Law EDU A study of gender inequality in different child custody cases Essay Gender inequality in child custody cases has been happening since custody hearings were created. Today, fathers are less likely to win custody of their children; resulting in court and legal fees that the mothers do not have to pay. Regardless of the parents living situation or income, if the mother is physically healthy enough to raise the child, she has a major advantage.à On top of everything else, men are more likely to owe increasing child support, even if they are hurt or arrested for non-payment. Itââ¬â¢s inequality like this that has plagued the family courts forever, giving them a biased and bad name. Going back to times such as the 1970s, it is well noted that even then gender inequality was quite rampant. Not only is it now well-known and admitted, but many feel with the removal of ââ¬Ëtender yearsââ¬â¢ law (feeling that women raised the children, this should be primary caregiver) that inequality was taken care of; this obviously not being the case. à ââ¬Å"Indeed, typical statutory provisions at least implicitly encourage courts to consider past parental participation. Moreover, evidence that courts continue to favor mothers in custody disputes suggests that the pre-divorce caretaking function is valued.â⬠(Elizabeth S. Scott) Not only is this seen and documented to be the same for many states; it can get even worse for small towns and municipals as their rulings have a higher chance to be biased and go unpunished and undocumented. While there are waivers to get court fees waived, many times the court rejects these fee waivers; resulting in immense costs for fathe r. If the father wants to claim custody of his child, some places may make the father file a petition for adoption (even if he is the biological father), which cost money to file. Fees for this could range from $20 to $200; something a struggling father with legal fees could usually not easily pay. With all these legal fees the father will also have to pay for any attorney fees; and for the attorney themselves. There have been many reported cases of mothers who can not support their children, being awarded custody for supposedly other reasons; while the father who could support the child is writing off as unfit. For example, there have been several cases where homeless mothers were award full custody of their children, while the father had a stable living situation. Not only living situation wise, but women who donââ¬â¢t have a stable source of income are often not seen as a problem in the eyes of the court. It operates under the guidance that women can get more government aid (such as welfare) for their children; often resulting in poor treatment of children due to improper nutrition and medical care. All of this is taking place due to courts going for what they feel would be the ââ¬Ëbest interestââ¬â¢ of the child, rather than the main negatives and benefits for each parent. More often than not, more care is done when a parent informs the court they want to move out of state with the child. This usually brings about a full inspection into both parents history, so to decide the right choice and not send a child out of state with an unfit parent. Operating on this backing is wrong, and this concept should be applied to every family court case regardless of circumstances or not. However, if a father was awarded custody, and wanted to move out of state to ââ¬Å"start fresh againâ⬠or maybe ââ¬Å"pursue love in another areâ⬠then more often than not the court would deny the father the ability to move out of state. ââ¬Å"Where I practice, a parent wishing to move with their child out of state has to pass a two-part test. Part One: show the court a legitimate reason to move. Part Two: show the court that the move is in the best interests of the child.â⬠(Nancy Shannon) More often than not courts find a problem with moving the child out of the motherââ¬â¢s state, due to incorrect thinking that all mothers are the best fit to parent their childre n; or they need to have the ability to be in contact with their children. On top of the discrimination and work required most fathers need to do in order to get custody of their child if they fail the results could end up being crippling and life ruining.à If a father is made to pay child support, right out of the court he is already in debt. Not only are the legal fees now imposed, but he now has to pay an additional monthly fee; sometimes even surpassing the cost of their monthly rent. This leads a lot of child support payers to end up not being able to pay; resulting in their arrest. What makes the entire situation worse is that once in jail their fees do not stop. The debts continue to accrue and once they get out, it could become a vicious cycle of not being able to pay, being arrested, and then being released. Yet somehow this is not the entire story of it. If you get hurt or have a medical injury making you unable to work, your payments still do not stop. You have to make a petition to the judge with proper documentation (which could be costly to print out depending on state medical information laws) and even then a judge may decide your injury is not debilitating enough. This one event in a personââ¬â¢s life could result in the rest of their life being ruined. ââ¬Å"All I was saying was, ââ¬ËGive me an opportunity instead of throwing me in jail because that just puts me further behind in child support,ââ¬â¢Ã¢â¬ Ferebee says. ââ¬Å"Let me find work so I can earn money.ââ¬â¢Ã¢â¬ This year, Ferebee was headed to jail a fifth time for failure to pay child support.â⬠(Tina Griego) This could turn your life into a ââ¬Ëdebtors prisonââ¬â¢ where there is no hope for escape, and once the process has started each day makes recovery more and more improbable. There should be more options available to the father that cannot pay; such as working the payment off in community service or being forced to an assigned job for a certain amount of payment until the balance is resolved. This not only means fewer pe ople in the jails for non-violent crimes but a better chance at actually paying the debt.à Unfortunately, the standard today is to just increase the debt hoping that the person could eventually afford it. One of the most compelling arguments against gender bias in court would have to be that because women usually take care of the children more often, they should be the primary caretaker. Several well-known judges had been surveyed about this, and many have told they feel this is not bias. Most judges are not getting a direct view of the household. That is why each case needs to be verified on a person-to-person basis, rather than a gender basis (i.e. look at BOTH the mother and father for the best living situation). ââ¬Å"Her article holds that mother preference is not a gender biased opinion if the mother was the primary caretaker of the childââ¬Å¸s past.à She writes that bias is often seen because ââ¬Å"fathersà are often given more credit than mothers for doing what is expected of mothers, to penalize mothers more than fathers for extramarital affairs, and to think that a motherââ¬Å¸s investment in her career is selfish while a fatherââ¬Å¸s is the act of a responsible providerâ⬠(Lindsay R. Estep) This quote does wonder for speaking about the current legal system regarding gender. The court official who spoke in that quote clearly demonstrates (albeit with a bit of truth in some parts) gender bias, and fails to recognize it. There are also a few things that need to be addressed regarding the quote. When the official speaks about the mother being the primary caretaker, her assumptions are wrong. If a mother was a primary caretaker of the child (i.e. father works while the mother stays at home) that does not give her any more parental rights than the father and vice versa. One of the reasonââ¬â¢s a divorce could be happening is due to the motherââ¬â¢s neglect of the child while the father was away. Going with the current logic of the court official, the neglectful mother would be given the child, due to previous caretaking. The issue is that is not just an isolated problem, many places all over experience this issue, and itââ¬â¢s met with no resistance. The correct part of the quote is true, a mother can work while the father stays at home and vice versa. If this was the case she would not, and should not be penalized. The problem with this all is nothing is being done. Even though the mass public outrage, and people standing up against bias, places like the Supreme Court fail to do anything to prevent further discrimination. ââ¬Å"No case so clearly prohibits consideration of sex in custody cases. It should be noted, however, that there was a potential gender issue in Palmore that received no attention from the Supreme Court. It appears that Linda began cohabiting with Clarence before they were married.â⬠(Katherine Bartlett) This case Is well known because it enforced and helped prove the clear gender bias of sex without marriage; regardless of if the bias was on the female ââ¬Å"Nothing more seems to have been made of this factor, either by the trial court or on review, but some courts have since noticed that mothers who cohabit outside of marriage, tend to be penalized in ways fathers who cohabit outside of marriage are not.â⬠(Katherine Bartlett) While women face the same gender bi as in some ways, in the ways people tend to care about (who gets the child, who pays fees, etc.) is where men get overlooked in quality. This quote is important because if itââ¬â¢s known and documented of a clear gender bias, why hasnââ¬â¢t the Supreme Court stepped in and introduced better legislation and guidelines to prevent further bias? The problem is old legislation, and the refusal to make a change. A currently former Supreme Court judge Antonin Scalia was quoted as saying the constitution does not dis-allow gender bias.à While not true, a Supreme Court judge, who supposedly should be speaking for the constitution, should not help spread and promote miss-information. On top of that, he was never corrected or reprimanded.à The only consequence of that action was ââ¬Ëbad pressââ¬â¢. This quote not only helps smaller local courts continue their bias but miss-informs them that they are acting legally.à Better legislation and better education for judges need t o be passed before anything can be done. And while there are many arguments that women also face these problems (and while that may be true) the problem itââ¬â¢s usually the men. Women are given more chances and exceptions than the men. Several document court cases have shown that on average women are given more chances to earn money and pay it, should they be ordered to pay child support. This could either be the judge informing them of state opportunities like welfare and social security, unlike the men who usually are faced with arrest threats or an actual arrest. Another idea in the system is that the reason they are in family court is often due to the father being unfit in the first place (I.e Domestic violence, threats, abuse). This is an obvious oversight into a small population of the people.à More often than not itââ¬â¢s just a case of a family not working well together, and no actual abuse or crimes have taken place. On top of that, when it comes to dishing out child support, the mother will likely have t he advantage; also awarded more money ââ¬Å"In spring 1992, about one-half (6.2 million) of the 11.5 million custodial parents were awarded child support; award rates were higher for mothers than for fathers (56 percent compared with 41 percent)â⬠(U.S. Department of Commerce) Overall, when it comes to dealing with the family courts, men are less likely to win custody of their own children. Those who have a chance at it, are often met with extreme legal fees more so than the mother. Women are often seen as a childââ¬â¢s protector so in the eyes of the court they are usually seen as the fit parent right from the start. It has also been noted that menââ¬â¢s job status and living situation is looked into more than the womenââ¬â¢s. This is due to the assumption that women get more government aid to assist them than men; this not being true but is still a common misconception. Inequality in the courts has been taking place ever since they have been around. The problem isnââ¬â¢t that they refuse to acknowledge it, the problem is itââ¬â¢s acknowledged and yet nothing is done about it today. Works Cited: à Elizabeth S. Scott.à Pluralism, Parental Preference, and Child Custody Berkley Scholarship Law,à à May 1992 Nancy Shannon. Custody Relocation Case Study: A Judgeââ¬â¢s Ruling on Moving Out Of State Cordell & Cordell Divorce Lawyerà à à May 2014 U.S. Department of Commerce. Who Receives Child Support? Economics and Statistics Administration. BUREAU OF THE CENSUSà à à June 1995 Tina Griego. Locking up parents for not paying child support can be a modern-day ââ¬Ëdebtorââ¬â¢s prisonââ¬â¢Ã à à September 26, 2014 Lindsay R. Estep.à Mommy or Daddy?: Perceived Gender Bias and Court Awarded Custodial Guardianship April 27, 2011 Katherine Bartlett. Comparing race and sex discrimination in custody cases Duke Law EDU
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