Saturday, January 25, 2020

symbolism in bless the beast and children Essay -- essays research pap

Throughout the novel Bless the Beasts and Children, by Glendon Swarthout, symbolism is used frequently to show a weakness in a character or to fulfill a purpose in the novel. The most apparent weaknesses in the bedwetters was their need for radios to help them sleep. The hats portrayed each characters personality and background in some cases. Also, The Box Canyon Boys Camp is in itself a symbol representing American society in general. The radios are the first case of symbolism shown in the novel. They are used by each and every one of the bedwetters at night to help them go to sleep. To them it helps to imagine someone is right there with them when the radios are going. On some nights, like the one at the start of the novel each of them have their radios going full blast, this shows the fear each of them have at the beginning of the novel. The children aren’t afraid of being so far from home or from their parents because each of them are plenty used to that. All of their parents go on trips away from home for long periods of time or when they are home just simply neglect them. The radios help represent something being there for them when they are afraid because their parents never are. Towards the end of the novel when the boys are herding the buffalo out of the cages it is very easy for them to throw the radios at the buffalo without missing them. This was put into the novel to show to the readers that the boys no longer need the radios in order to sleep at night and that ...

Friday, January 17, 2020

Jane’s Asylum Memorandum and Elian Gonzalez Case Brief Essay

Question Presented Under the Immigration and Naturalization Service requirements for filing a petition for asylum in the U.S., can a relative submit an application on behalf of a minor? Short Answer No. Minors can submit a petition for asylum in the United States, because the Supreme Court feels that application for asylum cannot be made against the wishes of a parent, if the child lacks the mental capacity to request asylum. A third person cannot speak on the behalf of a minor because it is the right of the parent to speak on behalf of his child in the court. Statement of Facts Jane is 14 years old. She has Canadian citizenship and has no dual citizenship with any other country. Her father is a Canadian citizen and her mother is an American citizen. Her parents have been divorced for six years. Her father, John, has primary guardianship in Quebec. During the school breaks and holiday vacations, she lives with her mother, Anne, in New York. John is a high-level government minister, working on creating an independent French Canadian State. Under Canadian law, both Anne and John retained full custodial and parental rights following the divorce. Six months ago, Jane was living in New York during a school break. During the break, Jane telephoned her father asking to be allowed to return to Quebec. John advised her to stay the remainder of the break and try to get along with her mother. Two days later, at 6:00pm, Anne returned from work to find a message on her answering machine from Jane, saying that she was going to live with her uncle, Billy, in California. He is 21 years old. Jane’s message stated that she hated both of her parents and believed that neither of them cared about her at all. Her father received a similar message. Anne died on the way to the airport to catch up with Jane. Jane refuses to return to Canada. Billy wants to file an asylum petition with U.S. Citizenship and Immigration Services on Jane’s behalf since she is a minor. He claims that Jane is afraid to return to Canada due to propaganda issues. Jane claims that other rebellious children and adults who disagree with the goals of the government have been used for propaganda purposes Application The issue of asylum is not always easy and special notes are particularly made for asylum when it seekers involve minors. The United Nations General Assembly recognized and accepted international instruments and documents that contain provisions specifically relating to children. They recognize and promote the principle that children’s rights are human rights, and that children’s rights are universal. See, Universal Declaration of Human Rights, (1948)(e.g., Article 14 provides for the right to apply for asylum, Article 25(2) refers to the special care and assistance required for children). Pursuant to 8 U.S.C 12  §1158 (2004), any foreigner physically in the United States, irrespective of such alien’s status, may apply for asylum. The Secretary of Homeland Security or the Attorney General may grant asylum to any who have filed for asylum and has completed the requirements and followed the required procedures, Id.  § 1158(b) (1) (a). The next part of the issue is who can file for the minor. Jane would be classified as either a minor principal or an unaccompanied minor according to U.S. Citizenship and Immigration Services. The difference between the two is a minor principal is a person under the age of 18 when filing for asylum by one’s own right, as opposed to as a derivative family member on a parent’s or spouse’s asylum application. An unaccompanied minor principal applicant for asylum who is under 18 years of age and who has no parent or legal guardian in the U.S. who is available to provide care and physical custody. This definition encompasses separated minors, e.g., those who are separated from their parents or guardians, but who are in the informal care and physical custody of other adults, including family members. See, Homeland Security Act 6 U.S.C.  §279 (2002). The latter is better fitting in Jane’s case. Because she is under the age of 18, she left the care of her parent, has no living parent in the United States, and in the physical care of an adult family member. The last part of issue one is the filing an application for asylum be a child. .In Gonzalez v. Reno, 86 F. Supp. 2d 1167 (S.D. Fla. 2000), aff’d, the court found that a child with out mental capacity cannot file asylum against the wishes of parent. In Polovchak, the court concluded the minimum age of 12 was the lowest for the age of majority needed to distinguish the child’s asylum interests that different from those of their parents. Polovchak v. Meese, 774 F.2d 731 (7th Cir. 1985). Jane has a particular fear of being used, as propaganda, in a province political issue will not affect her age to form a political opinion. Matters pertaining to persecution of political opinions of a minor differing than those of a parent cannot be a rejection due to age. See, Civil v. INS, 140 F.3d 52 (1st Cir 1998); Matter of S-P, Int. Dec. 3287 (BIA 1996)(stating that the Ninth Circuit has recognized imputed political opinion as a ground for satisfying the refugee definition). In 1994, The United Nations High Commissioner for Refugees (UNHCR) stated, that children and adolescents are entitled to special attention because their needs, and their legal and social status, can be significantly different from those of adults, and from each other as well, due to age-related developmental differences†, Conclusion In conclusion, Jane’s uncle, Billy, cannot file for a petition for asylum on Jane’s behalf. Jane can seek and file a petition for asylum in the United States on her own. Since Jane is 14 years old, she has the mental capacity to file for asylum because the courts view mental capacity for petition of children asylum seekers be at the minimum age of 12. In addition, the claim of being used as propaganda tool to further her father’s actions to have the province become an independent from the Canadian government, allows Jane to have different political opinions of her father. Jane’s status would make her an unaccompanied minor. Her applicant status means that she is an applicant for asylum because she is under 18, has no parent or legal guardian in the U.S, has no legal parent living in the U.S., and is in the informal care and physical custody of an adult family member. It is my opinion that she would have successful results in seeking, filing, and receiving asylum in the U.S. CITATION: Gonzalez v. Reno, 86 F. Supp. 2d 1167 (S.D. Fla. 2000) FACTS: The parties to this case are Elian Gonzalez with Lazaro Gonzalez and Attorney General Janet Reno. Six-year-old Cuban national Elian Gonzalez became the focus of international attention five months ago, on November 25, 1999, when he was rescued by two Miami anglers who found him floating on an inner tube several miles off Fort Lauderdale. Elian was transferred to a United States Coast Guard vessel so he could be transported to a nearby hospital for treatment for dehydration and hypothermia. Elian’s mother, Elisabeth Brotons, drowned during the voyage from Cuba. The INS temporarily paroled him into the care of Lazaro Gonzalez, his great uncle, in Miami. On January 19, 2000, Lazaro Gonzalez, instituted this action as next friend, or alternatively as interim temporary legal custodian, of Elian Gonzalez, a six-year-old child, against the Attorney General, the Commissioner of the Immigration and Naturalization Service (â€Å"INS†), and other federal defendants. The complaint challenged the INS’s refusal to accept and adjudicate two asylum applications that Lazaro submitted with respect to Elian and an essentially identical application that bore Elian’s signature. On January 27, 2000, the government filed a motion to dismiss or, in the alternative, for summary judgment. The district court heard oral argument on the government’s motion on March 9, 2000. On March 21, 2000, the district court granted the government’s motion to dismiss or for summary judgment and dismissed the case. Plaintiff appealed. On April 19, 2000, this Court issued an injunction pending appeal, barring Elian’s removal from the United States during the pendency of this appeal ISSUE: 1. Whether the district court was correct in holding that Elian Gonzalez has no due process rights concerning the manner in which the INS considered the asylum applications filed on his behalf. 2. Whether the INS’s thoroughly considered and crafted approach to considering asylum applications submitted by a third party on behalf of a six-year-old child, against the express wishes of the child’s sole surviving parent. RULE: 1. An unadmitted alien cannot challenge decisions by INS officials with regard to their applications for admission, asylum, or parole on constitutional grounds 2. An application for asylum cannot be made against the wishes of a parent, if the child lacks the mental capacity to request asylum and a third person cannot speak on the behalf of a minor because it is the right of the parent to speak on behalf of his child in the court. ANALYSIS: The Court felt that the district court ruled correctly on its holding that Elian Gonzalez had no due process rights in the way the Attorney General considered the asylum applications submitted for him. The ruling on due process was found to lack merit because â€Å"aliens seeking admission to the United States . . . have no constitutional rights with regard to their applications†, Jean v. Nelson, 727 F.2d 957, 968 (11th Cir. 1984). Although the statute requires the existence of some application procedure so that aliens may apply for asylum, section 1158 says nothing about the particulars of that procedure, 8 U.S.C.  § 1158. The matter for decision is not up for the courts to decide but for the agency to enforcing the statute, in this case the INS, to choose how to fill such gaps. See Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), 104 S. Ct. at 2793 The second issue was who could actually speak for Elian Gonzalez. The INS Commissioner reached a decision that a six year old is too young to file an asylum claim on his own. It was therefore the job of the Attorney General Reno’s job to determine who should speak for the child, and she found that the father, Juan Miguel, should speak for the child. In Polovchak v. Meese, 774 F.2d 731 (7th Cir. 1985, the court concluded the minimum age of 12 was the lowest for the age of majority needed to distinguish the child’s asylum interests that different from those of their parents. Lazaro Gonzalez application for guardianship was not allowed because the matter was with immigration lending it to be a federal matter. CONCLUSION: The courts ruled that an alien seeking asylum has no constitutional right to do so, thus removing the power to assert a right to due process under the law. Since Elian was an alien, the Attorney General had full custody over his status. On the second point was could Elian through a third party bring an application for asylum on his behalf. Because Elian was only six years old, he lacked the legal capacity to file for himself. The court felt that only the father could speak for his child. Since the application for asylum was in direct conflict with his wishes, the court saw no reason to reverse the lower court decision therefore sending the child back to his homeland. Had Elian been at least 12 years of age and could articulate the reasons for his fear of being returned to Cuba

Thursday, January 9, 2020

The Color of Water a Black Mans Tribute to His White Mother Book Review - Free Essay Example

Sample details Pages: 5 Words: 1472 Downloads: 1 Date added: 2017/09/15 Category Advertising Essay Did you like this example? James McBride’s memoir The Color of Water: A Black Man’s Tribute to His White Mother not only tells the story of his own life but also tells the story of his mother’s life. The book looks at the author’s life experiences as a person of mixed race, his struggle with his own identity, and the discrimination that his mother, Ruth, endured from individuals due to her religion, as well as the injustices she faced from her own father due to her relationship with men of a different race and religion. While the notion of discrimination based on race, religion, or ethnicity may seem simplistic, this memoir recounts the plethora of instances where mother and son were faced with great injustices. The title notes that the book is a â€Å"Black Man’s Tribute to His White Mother† and that it is. While James McBride looks back on his own life, the book is clearly centered around the life of his mother and the impact that she has left on his own. At times, the book can be confusing as it jumps from time period to time period and from James’ point of view to Ruth’s. Don’t waste time! Our writers will create an original "The Color of Water: a Black Mans Tribute to His White Mother Book Review" essay for you Create order While reading The Color of Water I was consistently looking at the situations in life of James and Ruth from a social justice perspective. However, before I discuss the complex issue of social justice and its relationship to the injustices of the book, I must first define what social justice is. Social justice essentially refers to the concept in which all individuals of a society are treated fairly and receive a proportionate amount of the benefits of society. To be precise, BusinessDictionary. om, cites social justices as â€Å"fair and proper administration of laws conforming to the natural law that all persons, irrespective of ethnic origin, gender, possessions, race, religion, etc. , are to be treated equally and without prejudice. † As I will outline, there are countless instances in James McBride’s memoir in which the concept social justice was certainly not practiced. Looking at this memoir though the lens of social justice proved to be quite rewarding. The first chapter of the book is titled â€Å"Dead†, in reference to the disownment of Ruth by her own family. Not only did they disown her but they considered to her be dead in their eyes. The reason for this pseudo death was Ruth’s marriage to James’ biological father, a black man named Andrew Dennis McBride. It’s important to understand that Ruth came from a strict Jewish family; the main perpetrator of the discrimination against Ruth is her rabbi father, who is referred to as â€Å"Tateh† meaning father in Yiddish. In Contrast to her family’s staunch racist views, which were a reflection of societal views of the early to mid-twentieth century, the memoir shows Ruth as a woman ahead of her time who marginalized race and treated people equally, practicing social justice. This is demonstrated throughout the book, especially in chapter two when James asks Ruth â€Å"How come you don’t look like me? † and she simply responded by saying that she did look like him because she was his mother and drifted away from the topic by saying that he should focus on school. Furthermore, evidence of Ruth’s reluctance to look at people based on race is exemplified in chapter six when James asks her â€Å"what color is God’s spirit†, to which she replied â€Å"It doesn’t have a color, God is the color of water. † James’ confusion about his own identity is clear, especially in chapter four titled Black Power. James struggles with a desire to have unity with blacks at the height of the Civil Rights Movement of the 1960s and the love that he has for his white mother. Another injustice exposed in the book is the arranged marriage of Ruth’s parents. Ruth states that their marriage had nothing to do with love. Ruth’s father basically exploited her mother due to her family’s relative wealth and the fact that she was his â€Å"ticket† to America to escape another injustice that he and other Jews in Poland were facing from Russian soldiers. However, the anti-Semitic injustices that Ruth’s family experienced in Poland did not end when they came to America, outlined in chapter five, especially when the family moved to Suffolk, Virginia after her father learned of the opportunity of an open synagogue there. Ruth describes that in Suffolk people loved anything new or different except for Jews. In school she was taunted and called â€Å"Christ Killer† and â€Å"Jew Baby. † She also noted the presence of the Ku Klux Klan in Suffolk on page 44 and the atrocities they perpetrated against blacks. Eventually, â€Å"Tateh† gave up on being a rabbi and opened at store in a predominately black section of Suffolk. At the store â€Å"Tateh† forced his children to work long hours. What is even more shocking is when Ruth describes in great detail the sexual molestation she endured from her own father, which caused her to develop of very low self-esteem and a hate for him. The second half of the book continues with more injustices faced by James and his family. In chapter ten, James’ brother Richie is arrested for a drug crime, that he did not commit and was haggled by the policemen because he had $90 of college money in his pocket, another example of the rampant racial profiling of the time period. Ruth’s father’s narrow-mindedness is shown again as she recalls her high school graduation that he forbid her to attended because part of the ceremony was to take place in a Gentile church. Ruth originally defied her father, but could not go through with it when she approached the threshold of the church. In the books final chapters, James talks about how he began looking into his mothers past; he went to Suffolk with the address of his mother’s old house and the name of her childhood friend. In Suffolk he spoke with this childhood friend and even entered the synagogue that his mother’s family attended. This shows me, that as he grew older James began to finally discover the heritage of his mother that when he had questioned her as a child about she ignored, shrugging it off as irrelevant. In between James’ chapters about his visit to Suffolk, Ruth discusses the harassment that she and James’ father were subject to as an interracial couple in 1940s Harlem. It was during this time that Ruth converted to Christianity and eventually established a church with her late husband. The Epilogue seems symbolic to me, since it involves James’ coworker who is the son of a Holocaust survivor, the Holocaust being a cataclysmic injustice, invites James and Ruth to a Jewish wedding. Ruth agrees to attend and enters a synagogue for the first time since being a child. It is here where it seems Ruth has embraced her own heritage, a heritage that her son had embraced soon before. It seems that by the end of the memoir everything has come full circle. Both Ruth and James, while still haunted with the injustices faced, have come to grips with their heritage, which has made them who they are. While, I personally can’t imagine the hardships that a multi-racial person faced not long ago in our country’s history, I can admire and appreciate the immense difficulty and struggle that a person has between two different groups of people that they love. While things in terms of racial and religious discrimination are less out in the open as they were just decades ago and progress has been made, people still face the injustices of being treated differently simply because they don’t look like the predominant group in a society. James McBride’s memoir shows that regardless of race or religion we are all people and we all have the same feelings and desires in life and that while being of multi-racial background may have been seen as a detriment to him in the past, it appears to me that it has enriched his life and made him a very strong willed individual. The Color of Water is about much more than one issue; rather it is a glimpse at the life of a son and his mother, the discrimination that they both faced from family and strangers alike, and a multi-racial man learning to come to grips with his identity as person of two ethnic backgrounds, which African Americans and Jews seem extremely different, they ironically both faced the same type of discrimination. While being of mixed race made life difficult, by the end of the memoir it became evident that James embraces both sides of his background because both have shaped the man he is today.