Friday, January 31, 2020
Facts of the Case Essay Example for Free
Facts of the Case Essay On May 1967, Carole D. , an international model and Gerald D. , a top executive in a French Oil company got married. They established a home where they lived as husband and wife. Two years later, Carole got involved in an adulterous affair with her neighbor Michael H. Subsequently, Carole gave birth to Victoria D. and in the birth certificate Gerald was named the father of the child. Immediately after the delivery of the child, Carole D. confided to Michael H. that she had strong reasons to believe that he was the real father. A group blood test was taken which only confirmed their suspicions that indeed Michael was the real father. In light of this discovery, Carole paid Michael a brief visit at his place, during which time, Michael held out the daughter as his very own. Not long after, Carole left Michael to live with another man and later returned to Gerald. After a series of failed attempts to see his daughter and having been rebuffed by Carol a few times, Michael filed a filiation action in California Superior Court to establish his paternity and right to visitation. The child Victoria, in a cross-complaint filed through an appointed attorney and guardian ad litem, asseverates that if she had more than one psychological or de facto father, she was entitled to maintain her filial relationship, with all of the attendant rights, duties, and obligations, with both. Issues of Law: The law at issue in the case at bar is the California statute holding that â€Å"a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be parents of a child of the marriage†, unless such presumption is rebutted by competent blood-group test results declaring otherwise. Likewise, a motion for which must be filed in court not later than two years from the date of the child’s birth by the husband, or by the natural father after an affidavit recognizing paternity has been filed in the appropriate period allotted by law, [Cal. Evid. Code Ann. 621(a), (c), (d) (West Supp. 1989)]. Legal questions: Petitioner avers an abridgment of his rights to procedural and substantive due process of law insofar as he was barred from demonstrating his paternity through blood tests, and that the overriding social policy of protecting the integrity of the family unit, stemming from the husband and wife relationship, prevented him from exerting his natural rights as a father over his natural daughter. He argues that the protection of Gerald’s and Carol’s marital union is an insufficient state interest to deny him the right to continue filial relationships with Victoria. Tradition espoused in marital union must give way to his inalienable natural right as a father. The main issue is whether or not the relationship between Michael and Carol, as a family unit, has been recognized as valid in society, or that history has in any way accorded special protection to their extra-marital union. Cross-complainant, on the other hand, invokes the equal-protection clause in addition to her right to due process. She argues that by denying her full enjoyment of being with her natural father, the State does, in turn, discriminate against her status as an illegitimate child. Court Opinion and Holding: The decision of the California Superior court appealed from is affirmed. The State, its laws and the society in which they are ensconced largely favor the strength and solidarity of marital unions. Absent a clear showing that neither the husband nor the wife are incapable of conceiving and bearing a child, or that the husband had no access to his wife when the child was conceived, the presumption that the child born out of their marriage is theirs can not be refuted. Presumption of legitimacy in a valid marital union is a fundamental principle of common law. The rationale for applying the presumption lies at the fact that the heirs must be protected against allegations of illegitimacy when the rights of succession and inheritance are in question. It is also a means to prevent indiscriminate and spurious claims to the illegitimacy of the children of the family in order that the stability of state and family is preserved. Michael’s claims find no meaning in the extant pages of jurisprudence and history where a man was ever successful in asserting his paternity of a child with a woman as the wife of another man in the subsistence of a valid marriage. Thus, Michael’s contention is devoid of social merit and legal cognizance. Cross-complainant’s concern that she is discriminated against as an illegitimate child is likewise unmeritorious. For one, she is considered legitimate in the eyes of law and second, she possesses all the rights and obligations of a legitimate child. No discrimination whatsoever arises. Student Opinion: Dura lex sed lex. The law is harsh but is the law. In this case, the court understandably had to uphold social traditions and legal construct against the claims of natural rights of Michael simply because the technological means of proving paternal filiations are not that abjectly convincing. The court’s adamant refusal to at least grant Michael the right of a natural father, much less give him visitation rights bespeaks of its desire to maintain social order no matter the psychological and social ramifications it may bear on both Michael and Victoria. Yet science has progressed at such a gallop that was then science fiction is now science fact. DNA typing and other competent methods of accurately confirming a person’s legitimacy, may completely trump legal rhetoric argued in this case. Perhaps, in future test cases, in light of DNA technology, the court would be more willing to deviate from the norm in favor of fathers of children outside of a legally subsisting marriage. Hopefully, the presumption espoused in this case will no longer find application before concrete and hard scientific facts and the court would be more lenient to the Michael’s and Victoria’s of society.
Thursday, January 23, 2020
Lebanon and its main problems Essay -- essays research papers fc
Lebanon Lebanon is a Middle Eastern country that is delimitated to the west by the Mediterranean and to the east by the Syro-African Depression. Lebanon borders Syria to the north and to the east, and Israel in the south. Lebanon’s climate is â€Å"Mediterranean†; mild to cool, wet winters, and hot, dry summers. Some of Lebanon’s natural resources are the limestone, salt, water and iron ore. Like any other country there are natural hazards such as dust storms and sandstorms. [ Population pressures: growth, urbanization, immigration. Lebanon’s population consists of 3, 777, 218 (this data is from July, 2004) Age structure:     ~ 0-14 years: 26.9% (male 517,356; female 496,888)      2004 estimation* ~ 15-64 years: 66.3% (male 1,197,430; female 1,305,339)      ~ 65 years and over: 6.9% (male 117,930; female 142,275) Median age: total: 26.9 years male: 25.9 years female: 27.9 years (2004 est.) Population growth rate: 1.3% (2004 est.) Birth rate: 19.31 births/1,000 population (2004 est.) Death rate: 6.28 deaths/1,000 population (2004 est.) Net migration rate: 0 migrant(s)/1,000 population (2004 est.) Sex ratio: at birth: 1.05 male(s)/female under 15 years: 1.04 male(s)/female 15-64 years: 0.92 male(s)/female 65 years and over: 0.83 male(s)/female Total population: 0.94 male(s)/female                          Infant mortality rate: total: 25.48 deaths/1,000 live births male: 28.21 deaths/1,000 live births female: 22.61 deaths/1,000 live births (2004 est.) Life expectancy at birth: total population: 72.35 years                male: 69.91 years                              female: 74.91 years Total fertility rate: 1.95 children born/woman (2004 est.) [ Economic issues: The Lebanese economy is â€Å"service-oriented: main growth sectors include banking and tourism†. There are no limitations on foreign exchange or capital movement, and â€Å"bank secrecy†is strictly enforced. Lebanon recently adopted a law to combat ‘money laundering’. Moreo... ...clared this region not to be Lebanese territory, but Lebanese resistance occasionally launches attacks against Israeli positions within it. dPossible steps to solve the conflict: The country has been able to recover from the effects of civil war throughout the years thanks to tourism. Moreover some other ways for Lebanon to recover would be foreign investment; other companies establishing their businesses in Lebanon. War in Lebanon ended in 1989 due to the â€Å"Taif-Agreement†sponsored by the ‘Arab League’. And in September 2, 2004; the United Nations Security Council, approved the â€Å"Resolution 1559†which demanded total withdrawal of Syria from Lebanon. Another fact is that since there are many Palestinians in Lebanon their civil rights cannot be granted because of problems in the past. Furthermore Palestinians could be useful for Lebanon’s economic issues if they are allowed to improve their economic and social situation; in other words integrate them. Nevertheless Palestinians have to conform to the Lebanese democratic traditions. BIBLIOGRAPHY: ~ http://en.wikipedia.org/wiki/Lebanon ~ http://www.arts.mcgill.ca/mepp/PRRN/papers/haddad.html ~ CNN news
Tuesday, January 14, 2020
A movie of social relevance †Sigwa Essay
Sigwa began with Dolly (Dawn Zulueta, Megan Young) returning to the Philippines to look for her long lost daughter. She was a Filipino-American journalist sent to the Philippines in the 1970’s to write about the rising social unrest at that time. But later, she found herself being recruited to the revolutionary and underground youth group Kabataang Makabayan. While looking for her daughter, Dolly is also reunited with her fellow comrades, almost 40 years since they last saw each other. They were Rading (Jaime Pebanco, Jay Aquitania) an urban poor out-of-school-youth activist, Oliver (Tirso Cruz III, Marvin Agustin) an arrested student activist who later became a presidential spokesman, Azon (Gina Alajar, Lovi Poe) who grew frail and weak caused by the trauma of the rape when she was arrested, and Cita (Zsa Zsa Padilla, Pauleen Luna), once a student activist now a leader of the New People’s Army. Sigwa was simply amazing. The cast was great as well as their portrayal of their roles. It seemed so real. After watching Sigwa, I have realized that the movie provided more than just a retrospect of Philippine history. It also brought me back to the First Quarter Storm of the year 1970, where I have witnessed Martial Law through the lives led by six young activists. It is more than just a commemorative film: it had relived the tempest of our country’s history and allowed us to reflect about its significance in the present. Sigwa gave us only a glimpse of how the Filipinos in the past have struggled to attain democracy, to relive the history of the Filipinos struggle against Martial Law, and to show our continuing aspiration for democracy, peace and justice. And yet through the movie, I had reflected from the country’s history how we continuously try to reach total democracy today; that the recurring problems about democracy that we are facing today are also the same in the past; watching the movie enlightened me more about the Martial Law and the events that took place during the First Quarter Storm.
Monday, January 6, 2020
Is Being A Lifestyle Choice - 1270 Words
Kassy Plambeck 915244972 TITLE Is being gay a lifestyle choice, or does it’s existence come from biological variations? Many people have a preconceived notion that being gay is indeed a lifestyle choice. In the past mental health practitioners went far enough to diagnose it as a mental illness up until 1973. Society believed that people who were attracted physically or romantically to the same sex and even both sexes had something wrong with them. Various reasons such as homosexuality being a sin and the inability to reproduce with the same sex was reason enough to put it into the category of mental illness. It was only socially acceptable for a woman and a man to be in a relationship. This is something that has puzzled the minds of many†¦show more content†¦Experiments that have been conducted in the past have shown that when monkeys are given more testosterone that they become more rowdy, and when sheep have been given the same hormone, females tend to assert more dominance (Levay 2011: 78). As f or the human species the hormone congenital adrenal hyperplasia (CAH) is found to be a reason why girls may have more masculine traits later in their lives. CAH occurs in the process of a genetic mutation during fetal development where an enzyme from the corticosteroid hormones gets pushed out of the equation thus resulting in abnormally high levels of androgens. Women who carry this hormone have more childhood characteristics that are similar to a male such as playing with boy like toys, and engaging in rough-house play (Levay 2011: 78-79). Women who have CAH also may have genitilia closer to a male’s genitals, and it affects their behavior and brain patterns. A study that was conducted first in 1968 then replicated in 2007 showed that women with CAH had more sexual fantasies and dreams, during masturbation or during sex with their partners that included bisexuality and homosexuality. There actual partners that they were either physically or romantically attracted to and eng aged with were usually women as well (Bahlburg 2007: 95) So from evidence, women who have higher androgen levels are
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