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Death Of A Salesman And Its Conficts Against 50's Idealism
In the beginning of the play, the main character, Willy Lowman, has just returned home after finding himself unable to concentrate on driving. His wife, Linda, suggests that he ask for a job in New York so that he wont have to drive so much. Willy insists, however, that it is vital to his company that he work in New England. Willy asks Linda about his son, Biff, who has just come home after being away for several years. He cant understand why Biff is unable to get a good job. Soon Willy begins thinking about when Biff was a senior in high school. He remembers how Biff was the star of the football team and how he was offered scholarships from several colleges. After Willys daydream ends, Charley comes in to play cards with him. While they are playing cards Charley offers Willy a job, but Willy refuses. As they are talking, Willys brother, Ben, appears to him in an illusion. Willy tries to talk to both of them at once and Charley cant understand. Willy and Charley get into an argument and Charley leaves. Willy then turns his attention to Ben and asks him how he became so successful. Ben tells Willy that he went into the jungle when he was seventeen and when he came out at twenty-one he was rich.
After Biff overhears Willy talking to himself, he asks Linda whats wrong with him. Linda explains that Willy is exhausted and has even tried to kill himself. When Willy enters the scene, Happy tries to cheer him up by announcing that he and Biff are going to start their own sporting goods company. He tells Willy that Biff is going to see Bill Oliver in the morning and ask for a loan. Willy is optimistic and reminds Biff that the most important things in life are to be well liked and to have personal attractiveness.
The next day Willy decides to ask his boss, Howard, if he can have a job in New York. Howard explains that there is no room for him in New York, and then tells Willy that he no longer wants him to represent the company. Now that Willy has no job, he must ask Charley for the money to pay his insurance premium. When Charley finds out that Willy has been fired, he offers him a good job in New York, but Willy refuses. Charley gives Willy the money and then Willy leaves to meet Biff and Happy at a restaurant.
When Willy arrives at the restaurant, Biff tries to explain to him that he has been living an illusion and will never amount to anything extraordinary. Willy refuses to listen to him and pretends that Biff has another appointment for the next day. When Biff tries to make Willy face the truth, Willy becomes furious and goes off to the bathroom. Biff and Happy then leave the restaurant.
While Willy is in the bathroom, he goes into another illusion. He finds himself in a hotel room with a woman. She is telling him how much she loves his sense of humor. Then knocking is heard at the door, and at first Willy refuses to answer it. As the knocking continues, Willy tells the woman to wait in the bathroom. He opens the door and finds Biff there. Biff tells Willy that he has flunked math and asks that Willy talk to his math teacher about it. Biff explains that his teacher doesnt like him because he once caught Biff imitating him in class. Biff shows Willy the imitation and they both start laughing. The woman hears them laughing and comes out of the bathroom. Willy hurries her out of the room, but not before the woman demands the stockings that Willy promised her. Willy tries to explain the situation, but Biff wont listen. He accuses Willy of giving away Lindas stockings and calls him a liar and a fake. Willy is startled out of his illusion by the waiter who has come in to check on him. Willy asks if there is a seed store in the neighborhood and then leaves. ... more
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Jurisdiction in the Global Internet Age
E-Jurisdiction: Jurisdiction in the Global Internet Age
E-Jurisdiction (or the lack thereof)... At the beginning of a new century, the Internet Revolution is upon us. At the turn of the last century, when the Revolution was Industrial instead of Virtual, the courts and legislatures struggled to enact policies to keep pace with the changing times and technologies. Laws governing labor practices, trade practices, anti-trust regulations, and even intellectual property all developed in reaction to the surges of the new industrialized world. So too, in this new E-world, lawmakers are now attempting to quell the erosion wrought by the powerful Digital wave on our existing legal systems. Whether by adapting old mores to fit new paradigms, or by creating new standards with which to judge novel issues, lawmakers of the new millennium face overwhelming challenges in confronting the growing expanse of cyberspace. One such challenge is how to address the issue of Jurisdiction over disputes in a new global marketplace where the only boundaries are bandwidth. This paper will discuss some of the problems of E-Jurisdiction and present some possible solutions. "The unique nature of the Internet highlights the likelihood that a single actor might be subject to haphazard, uncoordinated, and even outright inconsistent regulation by states that the actor never intended to reach and possibly was unaware were being accessed. Typically, states' jurisdictional limits are related to geography; geography, however, is a virtually meaningless construct on the Internet." American Library Association v. Pataki, 969 F. Supp 160 (SDNY 1997). I. Problems with traditional jurisdiction analyses Traditionally, U.S. Courts have exercised jurisdiction only over those who had "minimum contacts" with the state in which the suit was filed. See International Shoe v. Washington, 326 U.S. 310 (1945). In an age where someone in Singapore can have "minimum contacts" merely by routinely accessing a server in San Francisco, this rule seems overly broad. However, courts have differed whether to find jurisdiction in the virtual context. For example, in CompuServe, Inc. v. Patterson, the court held that a Texas programmer who wrote programs for use by CompuServe and uploaded them to CompuServe's site in Ohio was subject to jurisdiction in Ohio. 89 F.3d 1257, 6th Cir. (Ohio), Jul 22, 1996. In Inset Systems v. Instruction Set, Inc., the court held that a company which advertised on the Internet and whose site was accessed from within Connecticut was subject to jurisdiction in Connecticut. 1996 U.S. Dist. LEXIS 7160, 1996 WL 498411. Conversely, in Bensusan Restaurant Corp. v. King, the court found that website advertising viewed by New York residents did not establish jurisdiction over a trademark action in New York. 937 F.Supp. 295, S.D.N.Y., Sep 09, 1996. This uncertainty has caused great unrest in the legal and academic communities, both domestically and internationally. Collateral to the issue of jurisdiction over disputes arising in cyberspace is the problem of conflict of laws. For instance, what if an Italian company infringes a British trademark on a server in Venezuela? Even assuming one can settle the jurisdictional quandary, the problem of which laws to apply becomes extremely relevant when the outcome of the dispute entirely depended on which laws govern. For example, in 1998 a German court found that a German executive of the U.S.-based CompuServe was liable for pornography stored on a CompuServe computer in Germany. [NOTE 1]. This was despite the fact that Germany had passed a law in 1997 exempting Internet Service Providers from liability for content stored or transmitted through their servers, and despite the fact that both the prosecution and the defense urged acquittal. [NOTE 2]. Yet the German judge ignored all this and attempted to apply U.S. law. Although the decision was later overturned, it underscores the difficulty and confusion of multi-party and multi-national litigation in the Digital Age. Equally problematic is the issue of enforcing judgments on a global scale. "Although U.S. courts have traditionally been quite liberal in recognizing and enforcing foreign judgments (i.e., so long as there are no serious due process violations), U.S. judgments have not received similar treatment in foreign jurisdictions." [NOTE 3]. The Brussels Convention and the Lugano Convention provide for the enforcement of judgments within European Union countries. [NOTE 4]. ... more
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