An examination of the problematic features of Anton Piller orders with regard to case law in England and Ireland.
Analytical Essay # 149074 |
3,449 words (
approx. 13.8 pages ) |
24 sources |
MLA | 2011
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$ 58.95
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Abstract
This paper addresses the three principle issues arising when considering the balance of rights in ordering Anton Piller orders. These are the detriment, sometimes irreversible, caused to businesses by the execution of such orders; the fact that Anton Piller orders are sought ex parte; and finally, the options available to the defendant upon the making of an Anton Piller order, specifically with regard to their privilege against self-incrimination. The paper places particular emphasis on the use of the privilege against self-incrimination, as this is the most problematic issue. This paper concludes that the courts have not yet struck the correct balance between the competing rights at play in Anton Piller procedures.
Outline:
Introduction
Damage to the defendants
Ex-parte nature of Anton Piller orders
The privilege against self-incrimination
Consent and the privilege against self-incrimination
Judicial treatment of the privilege against self-incrimination in England
Judicial treatment of the privilege against self-incrimination in Ireland
Conclusion
From the Paper
"It is easy to understand then why Anton Piller orders have come to be known as one of the law's "nuclear weapons" , and it is because of the serious consequences they have for the defendants that applicants must satisfy a number of criteria before the court will consider granting one. Ormrod LJ in Anton Piller KG v. Manufacturing Processes Ltd. listed three essential pre-conditions to be met in the making of an order; there must be a very strong prima facie case, the potential or actual damage to the applicant must be very serious, and they must show clear evidence as to the defendant's possession of the incriminating material and to the possibility that they may destroy it. Lord Denning MR added a fourth requirement that the execution of the order inspection should "do no real harm to the defendant or his case." Building on the judgments in the subsequent cases of Rank Film Distributors Ltd. v. Video Information Centre and Tate Access Floors Inc. v. Boswell , Nicholls J in Universal Thermosensors Ltd. v. Hibben set out a comprehensive list of the safeguards to be respected in granting an Anton Piller order, which were implicitly accepted in this jurisdiction in Corporation v. Brightpoint Ireland Ltd. and lauded by Davenport as going' far towards correcting some of the more undesirable features of the manner in which this draconian order has been put into effect.'"
Tags:self-incrimination, defendant, disclosure, search, warrants, plaintiff
An analysis of the theme of love and gender in Anton Chekhov's "The Lady with the Dog".
Analytical Essay # 89686 |
1,350 words (
approx. 5.4 pages ) |
4 sources |
2006
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$ 27.95
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Abstract
This literary study examines the short story "The Lady and the Pet Dog" by Anton Chekhov. By learning of the sexist and often misogynistic behavior of Gurov toward women, one can realize his love for Anna revokes his views of gender stereotypes. By understanding how women can be seen as individuals with intelligence and beauty, Gurov invariably cannot hold onto these naive gender belief systems in Chekhov's narrative. The paper explains that, in essence, the basis of Chekhov's short story creates a larger perspective relating to how Gurov transforms his gender based misogyny in his love for Anna. Gurov is a male that has a great tendency to make generalizations about women and then places them within a certain category in society.
Tags:chekhov, dog, lady
Looks at the protagonist Konstantin's dangerous infatuation with his mother in Anton Chekhov's play "The Seagull".
Book Review # 118676 |
2,785 words (
approx. 11.1 pages ) |
0 sources |
2010
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$ 49.95
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Abstract
This paper begins its analysis of Anton Checkhov's play, "The Seagull", with a look at the character Konstantin's general fixation with his mother as he envisions himself as a rival of Trigorin, his mother's lover. The paper then investigates the rivalry between Konstantin's mother and his girlfriend Nina, which is at least partially generated by Konstantin himself, and explains how the many similarities between Arkadina and Nina guarantee that Konstantin will never find satisfaction with either of them. The paper concludes that, even when Konstantin kills himself, he does not want to disturb his mother. His final thoughts are fixated on her.
From the Paper
"The tension between her and her son has already been clear, from her very first appearance--when she throws down a sort of gauntlet at him by quoting from arguably the most Oedipal scene in Hamlet, when Hamlet accosts his mother in her bedroom and reproaches her for her "incestuous" relationship with his uncle Claudius. Konstantin replies with defiance, giving not a direct quote but a paraphrase as a rebuttal. It's easy enough to recast this scene--with Arkadina as Gertrude, Trigorin as Claudius, and of course Konstantin as Hamlet."
Tags:destruction, suicide, oedipal, rivalry, jealousy
Discusses comedic relief and off-stage action in the plays of Anton Chekhov.
Analytical Essay # 45601 |
983 words (
approx. 3.9 pages ) |
0 sources |
2003
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$ 20.95
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Often in his works, Anton Pavlevich Chekhov mixes comedic and tragic elements. The purpose of this is to not allow things to get too drab or life to appear to be too gloomy. He uses his characters as mediums for this comedic relief. Another one of Chekhov's trademarks is the use of off-stage events and actions. These events and actions may appear to be things that deserve the center of attention, but Chekhov purposely places them off-stage so as to draw attention to something else and pulls it off quite well. This paper analyzes several of Chekhov's plays, including, "Uncle Vanya," "The Cherry Orchard," and "Three Sisters" to show how he successfully makes use of comedy and off-stage action.
From the Paper
"An example of this would be when there was a fire in Three Sisters. When Act Three is introduced, we learn that there was a fire from the narrative notes and from some of the dialogue, but the play is not in action while the fire is happening. The fire itself is not so important. What is important is how the characters react to it. The fire was merely a catalyst that set people off and made Act Three a hectic one. Natasha gets bossier towards servants, Chebutykin becomes a drunken mess and Irina becomes more frustrated and desperate to return to Moscow."
Tags:seagull, vanya
A critique of the works of Anton Chekhov including a number of major plays.
Essay # 73672 |
1,808 words (
approx. 7.2 pages ) |
10 sources |
MLA | 2004
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$ 34.95
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This paper analyzes the works of Anton Chekhov, including a number of major plays ("The Cherry Orchard," "Uncle Vanya," "The Seagull," "Three Sisters") and some of his short stories.
From the Paper
"On January in Taganrog, Russia, Anton Pavlovich Chekhov was born. Though Chekhov wrote many one-act comedies and a significant number of short stories it is for his full-length tragedies that Chekhov is considered among the greatest dramatists of all time. While studying as a medical student at the University of Moscow, Chekhov began writing short stories. Influenced by Vaudeville and French farces Chekhov began writing one-act comedies."
Tags:Uncle Vanya, The Cherry Orchard, The Seagull, Three Sisters, Lady With A Pet Dog, The Radical, The Kiss, happiness, fulfillment, sadness, tragedy, comedy, life
An analysis of Anton Chekhov's "The Lady With the Pet Dog."
Analytical Essay # 141791 |
1,000 words (
approx. 4 pages ) |
2 sources |
MLA |
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$ 21.95
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The paper discusses Chekhov's message that the concept of love is problematic in some people, and fairly unattainable in a pure form. The paper relates that in actuality, Chekhov is saying through "The Lady With the Pet Dog", that longing is more of an aphrodisiac than actual love, though longing can eventually lead to love.
From the Paper
"In the short story "The Lady with the Pet Dog", by Anton Chekhov, Chekhov seems to say that the concept of love is problematic in some people, and fairly unattainable in a pure form. In actuality, Chekhov is saying through "The Lady With the Pet Dog", longing is more of an aphrodisiac than actual love, though longing can eventually lead to love. The story itself is of an aging banker named Dmitry Gurov who lives in Yalta. One day, he notices a young, blonde woman with a white dog and becomes interested in the woman's story. She seems bored of Yalta, and he immediately relates her to his notions of women and his wife. "He had been unfaithful to her...""
Tags:chekhov, love, literature
This paper discusses that Anton La Guardia, in his book, "War without End", argues convincingly that there is not likely to be a solution to the Israeli-Palestinian conflict in our lifetime.
Book Review # 50371 |
870 words (
approx. 3.5 pages ) |
1 source |
APA | 2004
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$ 18.95
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This paper explains that the blame lies on a number of shoulders: The inability of political leaders to find peace, the international community, the very real and human desire for revenge, and the inability of religious leaders to see past their own agendas. The author points out that, in a larger historical context, La Guardia sees the Israeli-Palestinian struggle as one of the most complex and intractable struggles that the world has ever faced. The paper relates that solutions for the conflict are surprisingly slim, and the pessimism of the title is generally reflected in the book's contents.
From the Paper
""War without End" manages to be what is the most rare of all in accounts surrounding the Israeli-Palestine conflict: Fair. In his book, La Guardia is continually fair but not detached in his description of the struggle that Israeli's face in coming to terms with the destruction of national myths in the post-Zionist era. Similarly, he is equally fair and compelling in his discussion of the Palestine struggle to build a nation. He criticizes each side for their role in the conflict, but manages to do so relatively even-handedly. Thus, it could never be said that his treatment is fully objective, but La Guardia manages to bring a rare sense of fairness and equal treatment to the book."
Tags:myths, leaders, revenge, intractable, pessimism
A review of Chekhov's "The Cherry Orchard" with particular emphasis on the symbolism and character of the cherry orchard.
Analytical Essay # 23332 |
1,066 words (
approx. 4.3 pages ) |
3 sources |
MLA | 2002
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$ 22.95
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This paper is a review of "The Cherry Orchard" by Chekhov. It is a play about family relationships. The cherry orchard belongs to Madame Ranevsky and is used a symbol for all that is beautiful about this character and her family, as well as all that is useless and futile. The writer looks at each characters perception of the orchard, which offers an insight into the weaknesses of these characters. The author argues that the fate of the cherry orchard reveals a death impulse as well as a life sustaining one in the play.
From the Paper
"Madame Ranevsky is a cultured woman of beauty and charm. However, she has recently come back from a trip to Europe with her daughter Anya. She is representative of the Russian aristocracy's love of all that is profligate, cultured, European, and non-Slavic. She does not work, and she contributes little to society. Her beauty is fading, but she still has a great deal of charm and personal attractiveness. However, she is losing her estate because of her spendthrift ways, losing the beauty of her way of life and the orchard because there is nothing to substantiate and economically sustain the orchard's beauty."
Tags:play, family, relationships, symbol, madame, ranevsky, beautiful, futile, useless, death
A look at Chekhov's style and the places from which he derived his inspiration.
Analytical Essay # 1227 |
1,245 words (
approx. 5 pages ) |
5 sources |
2000
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An discussion of how Chekhov's writing style was inspired by his medical studies, as well as his love of the craft of writing, and his non-judgmental portrayal of characters.
From the Paper
"Anton Chekhov's writings possess both the rich detail of a master writer and the precise and deliberate sense of integrity of a doctor or scientist. In fact, Chekhov's first writings came about while he was studying medicine in the form of short humorous sketches that he wrote in order to help support himself and his family. After he completed his studies, Chekhov began practicing medicine but ultimately it was his writings that seized his passions and caused him to all but abandon medicine (Lantz, "Chekhov, Anton Pavlovich")."
Tags:pavlovich, Russia, author, writer
An examination of the two plays' characters and themes as reflections of the societies in which they live.
Analytical Essay # 15480 |
1,125 words (
approx. 4.5 pages ) |
2 sources |
2000
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$ 23.95
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An examination of the two plays' characters and themes as reflections of the societies in which they live
From the Paper
" Ibsen's characters are clearly products of the society in which they live. The plays of Henrik Ibsen have a strong social content, indicating the views of the playwright on some matters, and more directly showing the way different social issues were developing in the society of his time and the way those issues were in turn shaping that society. He wrote about women's rights, the plight of "whistleblowers," the meaning of social responsibility, the effects of corruption. Ibsen's views and his challenging dramatic methods made him something of a social outcast even as he was becoming one of the world's major playwrights, a voice that would speak to subsequent generations perhaps even more strongly than he did to his own. In Hedda Gabler, several of these themes come together, notably the place of women in society, the meaning of social responsibility, and..."