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Resolving Legal Disputes
Dispute resolution has to do with the impartial rectification of conflict between individuals or parties. More specifically it is the utilization and execution of methods that are designed to resolve conflicts. In a case in which there is a dispute between people or groups, often times a third, neutral, party is selected to be an impartial representative for the disputing persons. Although dispute resolution can refer to resolutions both in and out of the court, it mainly applies to disputes that are settled outside of the legal framework of the judicial system.
Two of the most common types of dispute resolution are known as adjudicative and consensual. While adjudicative resolution requires a third party to mediate the outcome, such as a judge or jury, and usually involves some form of litigation, consensual resolution is the attempt to solve the issue between the two disputing parties without involving a third party, although at times a neutral arbitrator will be selected to preside over the case, though they will often be there not so much for authoritative purposes but more as a council to keep things fair. There is also a third upcoming type of dispute resolution, online dispute resolution, or ODR, which has become more popular in recent years with the rise of the internet’s prominence in daily life, but it is mainly the application of traditional consensual resolution practices, only adapted to the online environment.
Many disputes can be solved simply through adherence to the law, however, sometimes issues arise that the legal structure isn’t equipped to handle, and so a third party is chosen to resolve the conflict. These types of conflict fall within the jurisdiction of the law and so will be relegated to the political system for arbitration. Judicial resolutions are conflicts that will be, hopefully, settled by the court. In the United States, this is often the case with dispute resolution. This form of resolution usually involves litigation. This is the use of outside individuals to argue for or against the disputing parties. In a courtroom, the lawyers are the litigators, while the judge and jury listen to the arguments in order to come to their decisions.
Extrajudicial resolution is non-court settlement of conflict. Also known as alternative dispute resolution, or ADR, this is what people are usually referring to when discussing dispute resolution. ADR is usually more efficient, cost effective, and less time consuming than judicial resolutions. Extrajudicial resolution concerns various types of ways to settle conflict. These include arbitration and mediation. In arbitration neutral individuals will listen to both sides of an argument and render a decision based on evidence. Unlike the court systems, this proceeding doesn’t necessarily include a binding agreement with the parties.
Mediation is used in extrajudicial resolution as a way to open a dialogue between conflicting parties. The idea is to use a trained neutral third party in order to come up with unique solutions to solve the issue. A mediator is trained to be both an effective negotiator as well as an excellent communicator. A mediator is like a judge in that they cannot take sides, and they do not give legal advice either. Their decisions are not obligatorily followed, though they tend to be followed since the mediators are trained to make decisions that benefit both parties.
The techniques used in dispute resolution can be used both in and outside of the court room. It is often used by individuals who wish to speed up the process by not having to get into the political system. However, they are useful in many cases where individuals wish to come to the most beneficial agreement for all the parties involved.
Tootsie – Does Beauty Have to be Expensive?
Many remember Dustin Hoffman dressed in drag in the classic film Tootsie, a movie that he now says made him realize how many women he’s missed out on meeting in life simply because he judged them by their looks. Every year women spend thousands of dollars on beauty products and cosmetics, hoping to increase their appearance and become attractive enough to the outside world. Although there are various degrees of beauty, it undoubtedly is usually determined by the amount of money spent to enhance features and upkeep the overall look.
Although natural beauty does exist in our society, it is few and far between to find a woman who needs a minimal amount of makeup and hair product to appear beautiful enough to meet society’s standards. Styled, highlighted hair is crucial for an attractive look, requiring professional services to be done on the hair by a salon. Although it may be cheaper to spend $5 on a box of hair dye at the supermarket, the hair won’t look as full or healthy without a professional technique applied. A woman’s hair is bound to look more attractive by spending the extra $100 by visiting a stylist who knows their craft.
The length of a woman’s hair often creates a more attractive look in the U.S., which is difficult to achieve with flat irons and curlers that create breakage and brittle hair from the heat. Women are now resorting to having hair extensions installed every three to five months to achieve beautiful hair that has a fuller texture and longer length, costing an average of $700. They can resort to shorter hair that saves a large amount of money, but they’re ultimately compromising a large part of their looks.
There’s a reason that celebrities appear more beautiful than the rest of the population, as their high school photos often show them to look like typical people. By spending thousands of dollars on personal trainers, stylists, and makeup artists, their appearance is immediately enhanced with the finest tools and products on the market. They are also able to have help with experts who have more knowledge on what creates the best look for their features.
Although beauty does not have to be expensive (just look at exotic women in Columbia and Brazil who are anything but high maintenance), it unfortunately is a requirement in the U.S. where rich housewives rule the reality shows and runways. True beauty is often defined by breast and waist sized, which few women can live up to, resulting in thousands of dollars spent on breast implants and liposuction, often impossible to attain otherwise.
Beauty may be in the eye of the beholder, but few men will argue that Angelina Jolie is unattractive or that Heidi Klum looks homely. The majority of men can agree when a woman is beautiful, and few women catch attention with a homemade manicure and dyed hair that came from a box. Perhaps going au natural will become a new trend in the coming years, but for now it’s expensive to be a woman, and even more costly to be a beautiful one.
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Peter Capaldi: The New Dr. Who’s Filmography
If you’re new to Dr. Who, one of the odder concepts in the program is that The Doctor periodically regenerates. This is a lampshade on the reality that the actors playing the lead character don’t want to be saddled with the role
for the entirety of their careers, and it allows an “in-universe” canonical way for the writers and show-runners to allow this change to happen. In fan circles, Matt Smith, the outgoing doctor, was “The Eleventh Doctor” (because he’s the eleventh actor to take on the role) and is going to be replaced, when the series comes on again, with Peter Capaldi, a Scots veteran of several BBC productions.
Capaldi returns to one of the traditions of the program – in casting an actor who’s a bit older — 55 as of 2013 – to play a 900-year-old time traveling alien. His acting career stretches back to 1983, with a role as Danny Oldsen in Local Hero. His early acting career included bit parts in the British underworld-themed dramaedy Minder, and the horror film The Lair of the White Worm, starring Hugh Grant and Amanda Donohoe.His ambitions with film include work behind the camera – he won an Oscar for Live Action Short Film Subjects with Franz Kafka’s It’s A Wonderful Life in 1995, becoming the only actor to play The Doctor to have an Oscar on his mantel. He has also written films, including Soft Top, Hard Shoulder.Back in front of the camera, his first starring role was as Luke Wakefield, in Mr. Wakefield’s Crusade, where a closeted gay man thinks he’s witnessed a crime. When that series ran its course, he did rolls as a mad mathematician (Psychos), and an angel in the film adaptation of Neil Gaiman’s Neverwhere.
2005 saw Capaldi’s most famous role, before assuming the mantle of a Time Lord: That of spin doctor Malcolm Tucker in the BBC series “The Thick of It,” a role he inhabited through 2012. In that role, he plays a profoundly profane director of communications for the British Government, charged with public relations, cleaning up political gaffes, and ensuring that any dirt about an opposition party member is aired at the most politically advantageous moment. His role was noted for bringing nuance and complexity to a character described as a rabid political hatchetman who didn’t carry grudges – he had them stuffed and mounted on the wall.
Capaldi has previously appeared in Dr. Who as Caecilius in the episode “The Fires of Pompeii,’ which marked the first appearance of Karen Gillan, who went on to play the Doctor’s companion, Amy Pond. Later, he returned to Dr. Who spinoff Torchwood: Children of Earth as John Frobisher, who had a particularly dark turn, killing his own family rather than letting the 456 aliens use them as a human sacrifice.
In the press event where he was announced has having landed the role, Capaldi admitted to having been a fan of the series ever since he was a small boy. For fans of the long running franchise, this promises to be a very enthusiastic incarnation of the Doctor.
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Michael Gergenti: Paying for Paternity
Model Michael Girgenti, filed paperwork in Los Angeles County Superior Court alleging that he is the father of Kourtney Kardashian’s son, Mason Disick. According to Kardashian’s lawyer, the three-year old boy is the son of
her boyfriend, Scott Disick, who also fathered her daughter, 13-month old Penelope. Girgenti is requesting DNA testing of Kardashian, Disick and the child, and if it is determined Mason is his son, he is demanding joint custody.
Photo Shoot Meeting
According to the lawsuit, Girgenti met Kardashian during a 2009 photo shoot, where they began a texting relationship. Girgenti claims that Kardashian told him that she and Disick were separated. A report in US Weekly states in a bio of Scott Disick that he and Kardashian split up in February 2009 after two years because of rumours he was cheating. The court documents state that in March 2009 Kardashian and Girgenti had unprotected sex, which is nine months prior to the birth of Mason, who was born in December 2009. Kardashian announced her pregnancy in August 2009, claiming that Disick was the father of the baby.
Kardashian Denial
Lawyers for Kardashian claim that Girgenti’s accusations are “preposterous and an outrageous lie.” Kardashian attorney, Tod Wilson, told E! News that Girgenti has been “selling false and fabricated stories to the tabloids for years about Kourtney Kardashian and her son, Mason. “ Wilson also claims that Girgenti has been seeking payment to publish the court pleading, indicating that Girgenti was more interested in payment for reports of his alleged paternity than actually proving that he was Mason’s father. However, the suit filed in court indicates that Girgenti is seriously seeking proof of the child’s paternity.
Girgenti Claims Resemblance
Court documents also claim that Girgenti tried to reach Kardashian after she announced her pregnancy in August 2009, but she did not return his calls. He claimed he began to consider that he was Mason’s father when he saw photos of the child, stating that the boy resembled him more than he did Scott Disick. Girgenti also stated that Mason looks nothing like his younger sister, Penelope, who is Disick’s child. Months prior to filing the lawsuit, Girgenti wrote to Kardashian, requesting a DNA test, claiming that if there was no response, he would pursue legal action to determine Mason’s paternity. In the letter, Girgenti claimed that his intentions were not to “hurt the family you’ve created,” but that “Mason deserves to know the truth.”
A Los Angeles County judge has set a hearing for the case in late August. At the hearing, the judge could dismiss the case or order DNA tests for Girgenti, Kardashian, Disick and the child. In California, unmarried fathers do not have legal rights or responsibilities until legal paternity is established, and naming a father on a birth certificate may not legally establish who a child’s father is. Since Disick and Kardashian were not married at the time of Mason’s birth, Girgenti may have the legal right to demand a DNA test.
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Lou Reed’s Influence – More Artistic than Financial
On October 27th, 2013, Lou Reed passed away in his Long Island home at the age of 71. A rock and roll pioneer who shaped the American pop culture landscape, Reed was known for his work with both The Velvet
Underground and his solo work. His biggest hit as a solo artist was 1972’s “Walk on the Wild Side,” hailed as a classic by critics and industry veterans.
Reed’s achievements as an artist had less to do with financial or commercial triumphs and far more to do with daring and trailblazing artistry. His most recent work was New Age ambient music, a grand departure from his earlier rock sound. His New Age meditation album, “Hudson River Wind Meditations,” was overlooked by critics but popular with fans of the genre. His final album was 2011’s “Lulu,” a progressive collaborative effort with Metallica. The album was comprised mostly of spoken word.
Reed could have continued to find commercial success and grow his brand and wallet had he continued to create the rock and roll sound that many of his fans desired. However, Reed was nothing if not a rebel, unwilling to bend to the requests of even his most die-hard fans. Ultimately, his passion was to create the sound that he wanted to create – not the sound that others wished he would create.
The lesson that we can all take from the life of Lou Reed is a simple one: While making decisions based on financial and professional factors is undoubtedly important, there is certainly something to be said for throwing caution to the wind and finding one’s bliss. While we all might not be able to eschew doing what we need to do in favor of what we want to do, we could all stand to take some time to do what makes us truly happy and find our bliss. Reed is nothing if not an inspiration for chasing your passion no matter what your critics say.
