Legal and Unethical Conduct

Legal and Unethical Conduct

Legal and Unethical Conduct

Student’s Name

Institution Affiliation

Course Name and Code

Professor’s Name

Date

Legal and Unethical Conduct

Legal and unethical conducts are acts recognized by the constitution as legal but deemed unethical by the community. Deeming the act unethical is based on the act’s inability to secure an individual need like privacy. Therefore, the paper discusses the unethical behavior of T-Mobile Company by sharing customers’ personal information and determining where the laws of legal conduct are found. My chosen company that has engaged in legal but arguably unethical conduct is T-Mobile. T-Mobile practiced unethical but legal conduct by subjecting the customers to share their data with the unnamed advertisers. In April 2020, T-Mobile announced its merger with Sprint to form an organization that provides technological goods and services to consumers. The provision of the service announcement entails using customers’ devices and web data to encourage third-party advertisement. The 102 million customers were advised to share their data with the unnamed advertisers (Morse, 2021). The act of sharing personal data is legal in the United States of America but unethical. Notably, selling customers’ personal data is unethical because customers require data privacy that protects their personal information and browsing data. Also, data may associate the identity of the customers with an individual with the customer who did not choose to share the identified data, leading to harm like discrimination, loss of privacy, and stigmatization (Morse, 2021). Furthermore, it is unethical if the company fails to provide data security to the customers by sharing the data information with a third party for advertisement. The third-party may take advantage of scrutinizing the life of the customers leading to a loss of privacy.

The legal conduct laws in the United States of America are found in the United States Constitution, state and federal statutes, case laws, and administrative regulations. As such, the purpose of the law identified in the chapter reading gets based on defining the minimum standards designed by the governments and the constitution to assist the legal practitioners and the regulatory bodies in determining the cases in which the conduct in question falls (Issacharoff, & Morrison, 2018). I agree with constitutional regulations that the conduct may either fall within or outside the remit of the professional conduct. Furthermore, the business executive should look at the constitutions to find the laws that govern their business.

References

Issacharoff, S., & Morrison, T. (2020). Constitution by Convention. Calif. L. Rev., 108, 1913. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/calr108&section=50Morse, J. (2021). How to stop your cell provider from sharing (some of) your data. Mashable. https://mashable.com/article/how-to-stop-tmobile-att-verizon-from-sharing-my-data

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LEGAL MEMORANDUM

LEGAL MEMORANDUM

LEGAL MEMORANDUM

TO: BossFROM: Your NameRE: Legal Liability and the Gig Economy

Legal Liability and the Gig Economy

The definition of agency law focuses on the interactions between agents and principals, or situations in which one party has the power to act on behalf of another (Loewenstein, 1). The term “agency” refers to a contract either expressly mentioned or insinuated, whereby one party, referred to as the principal, assigns another party, referred to as the agent, with overseeing a company and carrying out transactions on his behalf or in his name. The agent concurs to control of the company and provide a record of his activities.

Principles of Agency Law

Agency legislation enables a person to hire another person to buy property, work, and sell products and services on their behalf. The agent may be given permission to conduct a variety of tasks or may only be permitted to perform a limited number of tasks by the principal. Nevertheless, the agent is under the principal’s supervision and serves to convey his or her concerns, irrespective of the scope of the principal’s power (Loewenstein, 1). More significantly, principals are responsible for the results of the activities they instruct the agent to take. Therefore in the event an accident takes place and an agent is injured in the line of duty, the principal is held responsible. In the said scenario of Widgets ride sharing business, the agency is implied since there is no policy for hiring or checking the backgrounds of the drivers. The drivers however carry out their work on behalf of Widgets. The drivers have severally had accidents and one of them was arrested for drunk driving. Widgets is responsible for all the actions carried out by the drivers. He should therefore pay for the damages caused by the drivers and pay bale for the arrested driver. In his own interest, Widget should ensure that the drivers are not involved in activities such as accidents or drunk driving to prevent him from having to cater for the expenses caused.

Scope of Employment

The law term “scope of employment” frequently comes up in civil litigation, particularly in matters involving workers’ compensation and injury to an individual. The set of tasks and behaviors that a worker is obviously required to execute as part of their work is commonly referred to as the scope of employment (Thornthwaite, 2). The worker must be actively involved in or concerned with the advancement of the boss’s activities or company. Whether a task is carried out on the boss’s property or elsewhere, it may nevertheless fall under the definition of an employment-related task. Individuals who sustain an injury or become disabled while performing their employment are protected by workers’ compensation legislation. In an effort to reduce the frequency of litigation, the statutes offer predetermined payout to the affected workers. Additionally, these rules give insurance to the relatives of employees who pass away from diseases or injuries related to their jobs (Thornthwaite, 2). In this case, there was no policy put in place when Widget was employing the drivers. The drivers have however been involved in accidents in the line of work. Since the accidents took place in the scope of employment when the drivers were working for Widgets, they were entitled to work compensation if any of them got injuries from the accidents.

Agents acting as Employees Vs Independent Contractors

An individual must behave in a manner that demonstrates the necessary control for them to qualify as an agent. Without sufficient control, they will be classified as an independent contractor instead (Redfearn III, 3). The principal is not responsible for the conduct of the independent contractor, although the principal could potentially be responsible for the activities of an agent, which is the main distinction between an agency and an independent contractor. An agent is under the principal’s supervision, but an independent contractor nearly always has complete discretion. Accountability for the agent’s acts is more reasonably assigned to the principal because of the principal’s authority (Redfearn III, 3). An independent contractor mostly has his or her business of his or her own but offers services to the principal on contract basis. The independent contractor in most instances has more than one principal who act as clients to him or her. In this case, Widgets has employed the drivers to work for him in the ride sharing gig business. However the drivers may operate as independent contractors since they may have other principals apart from Widgets.

Agents committing Intentional Tort Vs Negligence

The performer’s mental state is the primary distinction between an intentional tort and a negligence allegation. Even when a negligent individual had no intention of hurting anyone, they could still be made accountable because of the damage they caused. On the other side, intentional torts happen when someone purposefully does something that causes damage to another individual (Yektaei & Suleimani, 4). Numerous intentional torts, such as violence, rape, malicious prosecution, deliberate infliction of distress, invasion of private property and reconfiguration, are acknowledged by the majority states. In Widgets case, if the drivers’ accidents were proven to be due to negligence, any third party who incurred damages and pressed charges would not have a court case. However, the driver arrested due to drunk driving is likely to have a court case against Widgets since it was an intentional tort. The driver knew that drunk driving can cause accidents yet he or she went ahead to drink and drive.

Recommendations to Widgets Business

There are a number of recommendations I would suggest to Widgets so as to limit legal exposure related to driver conduct. First and for most I would recommend that he gets a hiring policy so as to ensure that he hires certified drivers who are up to the task. Widgets should also offer training and workshops from time to time for the drivers. The drivers should also sign a liability waiver claiming that Widgets is not liable to any injuries incurred in the line of business. All these recommendations will reduce the chances of having accidents and the drivers will be more accountable of their actions as they work for Widgets.

Sources

Loewenstein, Mark. (2017). Agency law and the new economy. P 1009-1046. Retrieved from https://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=2071&context=articlesThornthwaite, Louise. (2016). Chilling times: social media policies, labour law and employment relations. P 332-351. Retrieved from https://onlinelibrary.wiley.com/doi/abs/10.1111/1744-7941.12074Redfearn III, Robert. (2016). Sharing economy misclassification: Employees and independent contractors in transportation network companies. P 1023-1056. Retrieved from https://www.btlj.org/data/articles2016/vol31/31_ar/1023_1056_Redfearn_WEB.pdfYektaei, Saeid, and Hassan Alidadi Suleimani. (201)8. Role, rules and place of distinction between intentional tort and negligence tort in tort law. Retrieved from http://journals.uran.ua/visnyknakkkim/article/view/175176

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Legal Risks in Performance Management

Legal Risks in Performance Management

Legal Risks in Performance Management

Student’s Name

Institution

Date

Legal Risks in Performance Management

The method through which specific organization measures and increases performance in its workforce is known as performance management. Since there are diverse ways of measuring and increasing the performance, the organization can use it to monitor performance on an individual, organizational as well as on department level. Though performance management is commonly used to define an individual performance, it has other standard features that comprise of performance reviews, recognition and appreciation programs and also peer feedback. During the process of measuring and monitoring performance on employees, there are legal risks that are involved. However, these risks may contrast. According to Noe (2017), the performance management systems that are acceptable and fair to the employees are considered to be legally sound.

The performance reviews of the workforce are regarded as the most effective method of improving and also amplifying the employees’ organizational performance. Moreover, other than creating an organized platform for feedback, the performance reviews consents for an assessable process of employees’ involvement in the running operations of the organization. Every organization is considered to have its own method of evaluating its performance. This is the reason as to why performance management among different organizations tends to vary. Therefore an organization’s perfect approach typically depends on the kind of work the organization engages in and its culture. It is vital for an organization to note that the performance assessments can lead to legal risks during their implementation irrespective of the set-up and scope of the employees’ performance (Halligan et al. 2015). There are some reviews on the employees’ performance for example which can spread the issue of gender discrimination, and this signifies it is always essential to perform the reviews effectively.

The advantage of evaluating employee performance is that the process does not only give the records of an individual employee’s performance according to his time. This process generates a straight record of the worker’s involvement with some expectations of as well as the promises an organization has towards its employees (Johnson, 2014). In such a situation, this process can expose the employee to be an easy target for some vices for example being discriminated and having a termination of lawsuits wrongfully.

Under the discrimination lawsuits, if the review records of the employee performance depict that the organization does not treat all the workers equally, the organization be face or be charged with potential discrimination charges. This law is used to ensure that there are uniformity and inclusiveness in the company. Employer discrimination depends on its nature (Buller & McEvoy, 2012). The bias can, therefore, be categorized under two major parts: deliberate or inadvertent. The discrimination lawsuit risk depends on whether the organization’s fluctuating conduct towards the diverse groups of employees was centered on firm ground for example gender, race, and sexual alignment.

The other type of legal risk associated with performance management particularly the performance evaluation is the wrongful termination of lawsuits. To begin with, in measuring and evaluating the employee performance, the analysis requires the organization to provide opinions concerning a specific performance of the employees, and this seems to be an excellent method. Moreover, it implies that the organization aftermath manner and practices must be in line with the type of impressions that the company creates in its review settings. The process occurs under two methods: the first one is if the employee is not provided a job at-will, the organization has the power to end the job with an immediate effect. In the further description, the company’s feedback, as well as its actions during the process of employee performance review, can be used as proof of the job termination. Under such a situation, it becomes hard for the company to terminate the job of the employee being reviewed.

However, this typically happens if the employee can provide some evidence that the company’s performance review feedback validates their pleasing performance. This shows how performance reviews are significant in any organization as they can be used to solve numerous problems that arise in the company not only in performance evaluations but also in other sectors like the finance departments (Awadh & Saad, 2013). The second part under the unlawful termination of lawsuits occurs when an employee tends to be employed at-will, and the company might be damaging its capability to legally terminate the job if an individual makes promises concerning constant work in performance appraisals.

The legal risks usually result in some misunderstandings and endless conflicts in an organization. For example, an individual may decide to settle his case to the court when he feels that the company or organization might not help solve the situation. When some of these cases reach the public, they can taint its image and result in some negative effects on the organization. Therefore there is a great need for managing these legal risks. Some of the methods to decrease these issues that surrounds the performance assessments include: the company should standardize its employee performance appraisals to guarantee that it is functionally similar to all the employees. Another way is reducing the outcomes and inferences of each review, and the employees need to sign them. By doing all this, the legal risks will be minimal if they will be there.

References

Awadh, A. M., & Saad, A. M. (2013). Impact of organizational culture on employee performance. International Review of Management and Business Research, 2(1), 168-175.

Buller, P. F., & McEvoy, G. M. (2012). Strategy, human resource management and performance: Sharpening line of sight. Human resource management review, 22(1), 43-56.

Johnson, P. F. (2014). Purchasing and supply management. McGraw-Hill Higher Education.

Noe, R. A., Hollenbeck, J. R., Gerhart, B., & Wright, P. M. (2017). Human resource management: Gaining a competitive advantage. New York, NY: McGraw-Hill Education.

Van Dooren, W., Bouckaert, G., & Halligan, J. (2015). Performance management in the public sector. Routledge.

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Legal Theory

Legal Theory

Legal theory:

Name:

Professor:

Institution:

Course:

Date:

Legal theory

PARTA 1) what law is shown/talked about/enacted?

The law that is talked about is criminal law

2) Were lawyers shown? If so how are they represented? What other legal actors are shown? (Police, criminals etc) How are they represented?

They were lawyers present; the other legal actors are members of the military tribunal. Some of the actors were Burt Lancaster, Richard Widmark, The criminals in question are the 21 Nazis on trial. They are accused of committing various numbers of inhumane trails. 11 were hung, 6 were jailed and 3 were acquitted.

3) Was justice served? If so whose justice? What assumptions about law in our culture can you make from watching this show?

Justice was served. The justice in this case was in favor of the Jews who were killed in German during the holocaust.

4) What was/were the genders/races/sexual orientations of the characters? What relationship do they have to the ‘law’ and each other?

The criminals were all male, they were Caucasian. The victims were both male and female, they were Jewish and the members of the legal tribunal were mostly male. The criminals were answerable to the law due to their participation in the murders. The victims were seeking justice for the death and torture of their family members. The legal tribunal were responsible for ensuring justice prevailed by sentencing the criminals. 5) In the Movie Judgment at Nuremburg which lawyers could be considered natural lawyers? Why?

The lawyers who acted on behalf of the victims based their arguments on natural laws arguing that the offenders did not have to succumb to the demands of the government despite the fact that the government had the legal authority to carry out their orders.6) In Judgment at Nuremburg which lawyers could be considered positivists? Why?

No lawyer can be considered a positivist. This is due to the fact that the court denied the arguments of defense who claimed that they acted in line with the law of the German government at the time. Most of the judgments were thus made through the observation of the natural law.

PART B1) Explain the elements of Aquinas’ account of law. How does Aquinas’ version of natural law differ from Fuller?

Known for his take on natural law Aquinas provided an opinion in all aspects of law. He supports the overlap theory which combines the observation of moral law and concepts of law. The rules of law cannot work without consideration of the moral point of view. Morality thus plays a significant role in the determination of what is right or wrong in the eye of the law.

Fuller on the other hand, accounts for a different in regards to the definition of law. He lays out eight principles that make up the morality of law. If rules do not fall into any of the principles of law, they do not quality to be termed as law. These principles are inborn and are thus laws that they society accepts in general.

2) What are the central elements of Austin’s account of law? How is it different to Hobbes’ and Fuller’s?

Austin states that law is created through the facts that are determined by the society. The credibility of law is separate from the advantages and disadvantages. Hobbs states that the set of rules cannot be recognized as laws if they are not recognized by the government. Hobbs has a more classical approach to law, he account that God is the creator of all of making and is thus the overall giver of the law. This works hand in hand with the laws of the government. As stated earlier, the Fuller differs from Austin in that he maintains that all social rules cannot be dubbed as law if they do not apply in his 8 principles of law. The 8 principles guide the society on the way they should address each legal situation.

3) Do you agree that in Judgment at Nuremburg the understanding of law that is affirmed is positivism?

Positivism is the law that is derived by man. This is the opposite of natural law in which is derived from the moral laws of the society. Most of the defendants were tried on the role that played in the holocaust. According to natural law, the acts that these defendants committed were not accepted in any society including German. The laws that were affirmed were thus not under the positivism laws.

4) Is Atticus Finch a good lawyer?

Atticus finch is a good lawyer. He dedicated his life to fight for justice for the ordinary people in the society. The legal system at the time was corrupt; this would have made any other lawyer give up. Finch fought for justice until the end despite the fact that it was evident that he would lose the case. 5) What would you do in John Yoo’s situation? What would you do in Dan Mori’s?

If I were in John Yoo’s situation, I wools continue to rally against the treatment of tortured victims. Most of the victims have not received justice to date. John woo should thus continue to rally in favor of such victims.

6) Who would you want to defend you if you were charged under Part 5.3 (Terrorism) of the Commonwealth Criminal Code – Dr Ernst Janning, Hans Rolfe, Atticus Finch or Major Dan Mori? Explain.

I would like Hans Rolfe to defend me if I were charged under terrorism the code. He has a background in this area of expertise. This was seen in his delivery of the closing argument in the trial at Nuremburg. He would thus provide the best legal advice on the way to approach the case

PART C

Explain the relationship between positivism and formalism? Is it possibleto be a natural lawyer and also a formalist?

Positivism is the reliance of the laws made by a central authority such as the government concerning all aspects of life. It is different from natural law in that natural law tends to be flexible. Formalism is a branch of positivism in that it contains some principles that are the same as positive. Formalism is differentiated through the in that it places emphasis on reasoning as opposed to the policy. A natural lawyer can thus be a formalist lawyer in that both use reasoning to determine the basis on which they argue their cases. Both do not rely on rigid policies to which are manmade in nature2) Do you agree that Professor Charles W. Kingfield Jnr is the archetypical formalist?Yes I do

3) Do you chase (digital) paper in law school? Does Kennedy’s description that law school takes nice, normal people and turns them into manipulative, self-serving operators within a hierarchy reflect your experience?

This does not reflect on my experience so far. The rule of law was created so as to find a way of providing justice for all. Some lawyers may take advantage of the system so that they can win a particular case. This however does not reflect on the whole legal system in that some people take on law as a career so as to make a difference in the society.

4) What really where the realists all about?

The realists were all about politics as opposed to law. Realists have classified law in the same category as politics. This is owed to the fact that law is written by politicians who amend the rules to suit their needs. Most of the policies require legal structure before they are enforced. Both factors thus work together in order to be viable.

5) Is Rumpole a rule skeptic, a fact skeptic or a ‘manipulative, self-serving operator within a hierarchy’?

Rumpole is a rule skeptic

6) Who would you want to defend you if you were charged under Part 5.3 (Terrorism) of the Commonwealth Criminal Code — Professor Charles W. Kingsfield Jnr, James T. Hart or Horace Rumpole? Explain.

I would choose Horace Rumple to defend me. He has a history of tackling a wide range of legal cases. His cases range from simple cases to more complex cases making him qualified to address a case involving terrorism.PART D

1) What are the basic concepts that make up law and economics? How does Coase differ from Posner?

The law of economics is the merging of economic practice into the rule of law. Most of the principle arguments are derived from the area of philosophy. The creation of the Tort law looks at issues such as liability, ownership and contracts. Coase differs from Posner in that he states that the government should allocate full control of property to the public. This will in turn encourage free trade enabling the decongestion of the market. Posner places emphasis on the judiciary and the power it has to alter judgments. He states that the judicial body should be independent of the government of proper distribution of property and property rights are to be achieved.

2) How does Coase’s theorem explain legal relations? Does justice feature in the analysis?

The Coase theorem deals in the issue of property rights. He states that property rights should be assigned to individual parties removing the responsibility from one are. This will deregulate the system which in turn would provide more efficient management of the market. Justice features in this theorem in that granting the society there right to own property ensures that their protected from more influences parties.

3) Explain the basic principles of Marxism.

The principles of Marxism state that the society is divided into people who differ in ideologies. This is defined by the people who hold power in terms of numbers and the people who govern the state. This conflict of interests leads to the creation of alternative laws that suit the needs of each group.

4) Do all Marxist legal theories agree that law is incapable of acting separately from the economic base of a society?

Yes, this is one of the laws that make up the principles of Marxism.5) What would Marx say happened in Kerrigan v the Commonwealth from The Castle? What would Posner say?

Carl maxes principles mention that there is a conflict of interests in any society. The natives were interested in saving the land while the government wanted to sell the land. He would thus not agree with what happened in that the government used their position in the society to alter the law to suit their needs. Poster would insist that the government respect the rights of the natives. This would be made effective through the establishment of a proper judicial system that would protect the rights of the natives.

6) What world would you prefer to live in — Spielberg’s Minority Report or Stich’s The Castle? In which world do the economically disadvantaged get justice?

I would prefer to live in Spielberg’s the minority report. The fact that the government can prevent an occurrence from happening due to their ability to see the future is ideal. Despite the fact that it questions the existence of free will, the economy will be well served if the government had the ability to project a future occurrence and rectify the issue before it affects the whole economy.

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Joseph Pieper defines leisure from two perspectives of humanity

Joseph Pieper defines leisure from two perspectives of humanity

Leisure

Author

Institution

Course

Instructor

Date

Joseph Pieper defines leisure from two perspectives of humanity. From a mental perspective, he states that leisure is an attitude of the mind, and from a spiritual perspective, it is a spiritual condition that allows people to perceive the reality of their world. Leisure is an important time for humans, as it allows them to be in a state of doing nothing, while contemplating about the nature of their God. According to Pieper, in chapter five, leisure is a practice of resting. He states, “To rest from work means that time is reserved for divine worship: certain days and times are set aside and transferred to “the exclusive property of the gods (Pieper, 2009).” Pieper associates leisure with worship. Christians believe that, and have been instructed in the Bible to rest on the seventh day, as this is the day that was selected by God to rest. On the seventh day of each week, people should spend their time doing nothing else but worshiping God.

Pieper felt that leisure is an important part of the culture. The most successful people, i.e., individuals who are able to work effectively are the ones that realize the importance of leisure in their lives. People who work on a regular basis tend to experience a reduced ability to perform at a high level. To argue in support of the importance of leisure in the society, one has to remind people, the origin of leisure, i.e., it was conceived during the Creation period, and it is a gift from God to man, to worship and celebrate God on this day (Pieper, 2009). For man to fully rest, and revitalize, and get ready for another week of work, one must be willing to set aside a day, where they will do nothing but worship and celebrate God. This should not be a day where a person gets to do their weekly shopping, and catch up with friends.

To re-orient education towards the basis of this leisure entails not studying on the Sabbath day. A student should create a study plan for the six days of the week (Sensus Fidelium, 2016). However, on the seventh day, he or she should not engage in any academic activity. The student should reserve the seventh day of the week to worship God, and engage in a state of doing nothing.

The significance of leisure as perceived by Pieper is that on the seventh day, which to me is Sunday, I should not engage in the activities that I have been doing. On Sunday is the day I seek to catch up with my friends, or complete the unfinished assignments, or tasks of the week that has ended (Pieper, 2009). However, after reading this book, I will plan my Sundays to rest as is expected. I will go to church in the morning, and for the rest of the day, seek to read and watch sermons, which will revitalize my spirit and strengthen my resolve as a Christian, and I believe re-vitalize my physical strength for the coming six days of the week.

References

Pieper, J. (2009). Leisure: The basis of culture. Ignatius Press.

Sensus Fidelium. (September 16, 2016). Leisure: The Basis of Culture ~ Rev Scalia. YouTube. Available at https://www.youtube.com/watch?v=ysD6d8YSfpY

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Len Lin

Len Lin

Len Lin

Professor’s name:

FIN 6406-Corporate Finance

17/10/2018

Final Exam

Problem 1 [10 points]1.0

1-year call option, S=100, E=87, rf= 3%(annual)I step per year

How much should the call option worth?

The initial and time-t values of the hedge portfolio are given by

HS0-C0= 103H- 50

103H-0

103H-0=103H-50

H=C+- C-/S+-S+ =0/50 = 0.5 shares

Therefore, a portfolio that is long 0.5 shares of stock and short one call is risk-free

0.5So-Co= 0.5*103-50= 26.5

It pays $ 26.5 in all cases

Since S=100, E=87, rf= 3%(annual) a bond that pays 26.5 will be worth today Bo=26.5/1.03= 25.73

This bond is equivalent to the portfolio 0.5So-Co

Therefore, the bond and hedge portfolio must have the same market value;

0.5So-Co=0.5*100-Co=25.73

50-25.73= 24.27

The call price will be $24.27

Problem 7 [10 points]

Consider the following average annual returns for Stocks A and B and the Market. Which of the possible answers best describes the historical betas for A and B

Answer: bA < 0; bB = 0.

Problem 6 [10 points]

We currently have the once-in-a-generation low interest rate environment, and the rates are likely to increase in the next decade. If you recently graduated from college and have a decent job, you have decided to purchase a relative expansive house to your income. Suppose that a bank offers you have three types of mortgages: adjusted rate mortgage (ARM), fixed-rate mortgage with constant payments (FRM) and graduated payment mortgage (GPM). Which type of mortgage should you choose and why?

Answer: One should choose the Fixed-rate mortgage. This is because, in the fixed-rate mortgage, the interest rates remain the same throughout the term of loan. Since it is anticipated that rates are likely to increase in the next decade, it would be safest choice as the current interest rates are based on low interest rate environment. On the other hand, in the GPM, payment starts from low and increase with time, this would only mean that one would pay more in the next decade. Conversely, the ARM too would not be a safe option since the initial rate would be fixed for a certain period of time, after which it would adjust itself periodically either annually or monthly, with the anticipated increase in the mortgage rates, one would pay more.

Problem 8 [10 points]

Suppose that Federal Reserve actions have caused an increase in the risk-free rate, rRF. Meanwhile, investors are afraid of a recession, so the market risk premium-rM-RrF, has increased. Under these conditions, with other things held constant, which of the following statements is most correct and why?

Answer: The prices of all stocks would decline, but the decline would be greatest for high-beta stocks.

Beta in stock tells us about the sensitivity of a stock or underlying with respect to the changes in the stock market. High-beta stocks exhibit greater volatility than broad market index. An increase in the risk-free rate will decrease in the prices of stocks but the decline would be greatest in high-beta stocks since they are very volatile and their prices go up and down very sharply.

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Lesbian and Gay Parenting

Lesbian and Gay Parenting

Lesbian and Gay Parenting

I. summary of research findings

Like families headed by heterosexual parents, lesbian and gay parents and their children are a diverse group (Martin, 1993). Unlike heterosexual parents and their children, however, lesbian and gay parents and their children are often subject to prejudice because of sexual orientation that turns judges, legislators, professionals, and the public against them, frequently resulting in negative outcomes such as loss of physical custody, restrictions on visitation, and prohibitions against adoption (Falk, 1989; Editors of the Harvard Law Review, 1990). As with all socially stigmatized groups, the beliefs held generally in society about lesbians and gay men are often not based in personal experience, but are instead culturally transmitted (Herek, 1991). The purpose of this summary of research findings on lesbian and gay parents and their children is to assist psychologists and other professionals to evaluate widespread beliefs in the light of empirical data and in this way ameliorate the negative effects of unwarranted prejudice.

Because many beliefs about lesbian and gay parents and their children are open to empirical test, psychological research can evaluate their accuracy. Systematic research comparing lesbian and gay adults to heterosexual adults only began in the late

1950s, and research comparing children of gay and lesbian parents with those of heterosexual parents is of a more recent vintage. Research on lesbian and gay adults began with Evelyn Hooker’s landmark study (1957) and culminated with the declassification of homosexuality as a mental disorder in 1973 (Gonsiorek, 1991). Case reports on children of gay and lesbian parents began to appear in the psychiatric literature in the early 1970s (e.g., Osman, 1972; Weeks, Derdeyn, & Langman, 1975) and have continued to appear (e.g., Agbayewa, 1984). Beginning with the pioneering work of Martin and Lyon (1972), first person and fictionalized descriptions of life in lesbian mother families have also become available (e.g., Alpert, 1988; Clausen, 1985; Jullion, 1985; Mager, 1975; Perreault, 1975; Pollock & Vaughn, 1987; Rafkin, 1990). Systematic research on the children of lesbian and gay parents did not, however, begin to appear in major professional journals until 1978, and most of the available research has been published more recently.

As this summary will show, the results of existing research comparing gay and lesbian parents to heterosexual parents and children of gay or lesbian parents to children of heterosexual parents are quite uniform: common stereotypes are not supported by the data.

Without denying the clarity of results to date, it is important also for psychologists and other professionals to be aware that research in this area has presented a variety of methodological challenges, not all of which have been surmounted in every study. As is true in any area of research, questions have been raised with regard to sampling issues, statistical power, and other technical matters (e.g., Belcastro, Gramlich, Nicholson, Price, & Wilson, 1993); no individual study is entirely invincible to such criticism.

One criticism of this body of research (Belcastro et al., 1993) has been that the research lacks external validity because it may not be representative of the larger population of lesbian and gay parents. This criticism is not justified, because nobody knows the actual composition of the entire population of lesbian mothers, gay fathers, or their children (many of whom choose to remain hidden) and hence researchers cannot possible evaluate the degree to which particular samples do or do not represent the population. In the long run, it is not the results obtained from any one specific sample, but the accumulation of findings from many different samples that will be most meaningful.

Research in this area has also been criticized for using poorly matched or no control groups in designs that call for such controls. Particularly notable in this category has been the tendency in some studies to compare development among children of a group of divorced lesbian mothers, many of whom are living with lesbian partners, to that among children of a group of divorced heterosexual mothers who are not currently living with heterosexual partners. It will be important for future research to disentangle maternal sexual orientation from maternal status as partnered or unpartnered.

Other criticisms have been that most studies have involved relatively small samples, that there have been inadequacies in assessment procedures employed in some studies, and that the classification of parents as lesbian, gay, or heterosexual has sometimes been problematic (e.g., some women classified by researchers as lesbian might be regarded as bisexual by other observers). It is significant, however, that even with all the questions and/or limitations that may characterize research in the area, and none of the published research suggests conclusions different from those that will be summarized below.

This summary consists of four sections. In the first, results of research on lesbian and gay adults (and parents) are summarized.

In the second section, a summary of results from research comparing children of lesbian and gay parents with those of heterosexual parents or with established norms is presented. The third section summarizes research on heterogeneity among lesbian and gay families with children. The fourth section provides a brief conclusion.

A. Lesbian and Gay Parents

One belief that often underlies both judicial decision-making in custody litigation and public policies governing foster care and adoption has been the belief that lesbians and gay men are not fit to be parents. In particular, courts have sometimes assumed that gay men and lesbians are mentally ill, that lesbians are less maternal than heterosexual women, and that lesbians’ and gay men’s relationships with sexual partners leave little time for ongoing parent-child interactions (Editors of the Harvard Law Review, 1990). Results of research to date have failed to confirm any of these beliefs (Falk, 1989, 1994; Patterson, 1994b, 1995b, 1996).

Mental Health of Lesbians and Gay Men

The psychiatric, psychological, and social-work professions do not consider homosexual orientation to be a mental disorder. More than 20 years ago, the American Psychiatric Association removed “homosexuality” from its list of mental disorders, stating that “homosexuality per se implies no impairment in judgment, stability, reliability, or general social or vocational capabilities” (American Psychiatric Association, 1980). In 1975, the American Psychological Association took the same position and urged all mental health professionals to help dispel the stigma of mental illness that had long been associated with homosexual orientation (American Psychological Association, 1975). The National Association of Social Workers has a similar policy (National Association of Social Workers, 1994).

The decision to remove homosexual orientation from the list of mental disorders reflects the results of extensive research, conducted over three decades, showing that homosexual orientation is not a psychological maladjustment (Gonsiorek, 1991;

Reiss, 1980; Hart, Roback, Tittler, Weitz, Walston, & McKee, 1978). The social and other circumstances in which lesbians and gay men live, including exposure to widespread prejudice and discrimination, often cause acute distress; but there is no reliable evidence that homosexual orientation per se impairs psychological functioning (Freedman, 1971; Gonsiorek, 1991; Hart et al., 1978; Hooker, 1957; Reiss, 1980).

Fitness of Lesbians and Gay Men as Parents

Beliefs that gay and lesbian adults are not fit parents likewise have no empirical foundation (Cramer, 1986; Falk, 1989; Gibbs, 1988; Patterson, 1996). Lesbian and heterosexual women have not been found to differ markedly either in their overall mental health or in their approaches to child rearing (Kweskin & Cook, 1982; Lyons, 1983; Miller, Jacobsen, & Bigner, 1981; Mucklow & Phelan, 1979; Pagelow, 1980; Rand, Graham, & Rawlings, 1982; Thompson, McCandless, & Strickland, 1971), nor have lesbians’ romantic and sexual relationships with other women been found to detract from their ability to care for their children (Pagelow, 1980). Recent evidence suggests that lesbian couples who are parenting together tend to divide household and family labor relatively evenly (Hand, 1991; Patterson, 1995a) and to report satisfaction with their couple relationships (Koepke, Hare, & Moran, 1992; Patterson, 1995a). Research on gay fathers has similarly found no reason to believe them unfit as parents (Barret & Robinson, 1990; Bigner and Bozett, 1990; Bozett, 1980, 1989).

B. Children of Lesbian and Gay Parents

In addition to judicial concerns about gay and lesbian parents themselves, courts have voiced three major kinds of fears about effects of lesbian or gay parents on children.

The first general concern is that development of sexual identity will be impaired among children of lesbian or gay parents-for instance, that children brought up by gay fathers or lesbian mothers will show disturbances in gender identity and/or in gender role behavior (Falk, 1989; Hitchens & Kirkpatrick, 1985; Kleber, Howell, & Tibbits-Kleber, 1986). It has also been suggested that children brought up by lesbian mothers or gay fathers will themselves become gay or lesbian (Falk, 1989;

Kleber et al., 1986).

A second category of concerns involves aspects of children’s personal development other than sexual identity (Falk, 1989; Editors of the Harvard Law Review, 1990; Kleber et al., 1986). For example, courts have expressed fears that children in the custody of gay or lesbian parents will be more vulnerable to mental breakdown, will exhibit more adjustment difficulties and behavior problems, and will be less psychologically healthy than children growing up in homes with heterosexual parents.

A third category of specific fears expressed by the courts is that children of lesbian and gay parents may experience difficulties in social relationships (Editors of the Harvard Law Review, 1990; Falk, 1989; Hitchens & Kirkpatrick, 1985). For example, judges have repeatedly expressed concern that children living with lesbian mothers may be stigmatized, teased, or otherwise traumatized by peers. Another common fear is that children living with gay or lesbian parents may be more likely to be sexually abused by the parent or by the parent’s friends or acquaintances.

Sexual Identity

Three aspects of sexual identity are considered in the research: gender identity concerns a person’s self-identification as male or female; gender-role behavior concerns the extent to which a person’s activities, occupations, and the like are regarded by the culture as masculine, feminine, or both; sexual orientation refers to a person’s choice of sexual partners–i.e., heterosexual, homosexual, or bisexual (Money & Earhardt, 1972; Stein, 1993). To examine the possibility that children in the custody of lesbian mothers or gay fathers experience disruptions of sexual identity, research relevant to each of these three major areas of concern is summarized below.

Gender identity. In studies of children ranging in age from 5 to 14, results of projective testing and related interview procedures have revealed normal development of gender identity among children of lesbian mothers (Green, 1978; Green,Mandel, Hotvedt, Gray, & Smith, 1986; Kirkpatrick, Smith, & Roy, 1981). More direct assessment techniques to assess gender identity have been used by Golombok, Spencer, and Rutter (1983) with the same result; all children in this study reported that they were happy with their gender, and that they had no wish to be a member of the opposite sex. There was no evidence in any of the studies of gender identity difficulties among children of lesbian mothers. No data have been reported in this area for children of gay fathers.

Gender-Role Behavior. A number of studies have examined gender-role behavior among the offspring of lesbian mothers (Golombok et al., 1983; Gottman, 1990; Green, 1978; Hoeffer, 1981; Kirkpatrick et al., 1981; Patterson, 1994a). These studies reported that such behavior among children of lesbian mothers fell within typical limits for conventional sex roles. For instance, Kirkpatrick and her colleagues (1981) found no differences between children of lesbian versus heterosexual mothers in toy preferences, activities, interests, or occupational choices.

Rees (1979) administered the Bem Sex Role Inventory (BSRI) to 24 adolescents, half of whom had divorced lesbian and half of whom had divorced heterosexual mothers. The BSRI yields scores on masculinity and femininity as independent factors and an androgyny score from the ratio of masculinity to femininity. Children of lesbian and heterosexual mothers did not differ on masculinity or on androgyny, but children of lesbian mothers reported greater psychological femininity than did those of heterosexual mothers. This result would seem to run counter to expectations based on stereotypes of lesbians as lacking in femininity, both in their own demeanor and in their likely influences on children.

Sex role behavior of children was also assessed by Green and his colleagues (1986). In interviews with the children, no differences between 56 children of lesbian and 48 children of heterosexual mothers were found with respect to favorite television programs, favorite television characters, or favorite games or toys. There was some indication in interviews with children themselves that the offspring of lesbian mothers had less sex-typed preferences for activities at school and in their neighborhoods than did children of heterosexual mothers. Consistent with this result, lesbian mothers were also more likely than heterosexual mothers to report that their daughters often participated in rough-and-tumble play or occasionally played with “masculine” toys such as trucks or guns; however, they reported no differences in these areas for sons. Lesbian mothers were no more or less likely than heterosexual mothers to report that their children often played with “feminine” toys such as dolls. In both family types, however, children’s sex-role behavior was seen as falling within normal limits.

In summary, the research suggests that children of lesbian mothers develop patterns of gender-role behavior that are much like those of other children.

No data are available as yet in this area for children of gay fathers.

Sexual Orientation. A number of investigators have also studied a third component of sexual identity: sexual orientation

(Bailey, Bobrow, Wolfe, & Mikach, 1995; Bozett, 1980, 1982, 1987, 1989; Gottman, 1990; Golombok et al., 1983; Green, 1978; Huggins, 1989; Miller, 1979; Paul, 1986; Rees, 1979). In all studies, the great majority of offspring of both gay fathers and lesbian mothers described themselves as heterosexual. Taken together, the data do not suggest elevated rates of homosexuality among the offspring of lesbian or gay parents. For instance, Huggins (1989) interviewed 36 teenagers, half of whom were offspring of lesbian mothers and half of heterosexual mothers. No children of lesbian mothers identified themselves as lesbian or gay, but one child of a heterosexual mother did; this difference was not statistically significant. In a recent study, Bailey and his colleagues (1995) studied adult sons of gay fathers and found more than 90% of the sons to be heterosexual.

Because the heterosexual and no heterosexual sons did not differ in the length of time they had resided with their fathers, the effects of the exposure to the fathers’ sexual orientation on the sons’ sexual orientation must have been either very small or nonexistent.

Other Aspects of Personal Development

Studies of other aspects of personal development among children of gay and lesbian parents have assessed a broad array of characteristics. Among these have been separation-individuation (Steckel, 1985, 1987), psychiatric evaluations (Golombok etal., 1983; Kirkpatrick et al., 1981), assessments of behavior problems (Flaks, Ficher, Masterpasqua and Joseph, 1995;

Golombok et al., 1983; Patterson, 1994a), personality (Gottman, 1990), self-concept (Gottman, 1990; Huggins, 1989;

Patterson, 1994a; Puryear, 1983), locus of control (Puryear, 1983; Rees, 1979), moral judgment (Rees, 1979), and intelligence (Green et al., 1986). Research has shown that concerns about difficulties in personal development in these areas among children of lesbian mothers are unwarranted. As was the case for sexual identity, studies of these other aspects of personal development have revealed no major differences between children of lesbian versus heterosexual mothers. One statistically significant difference in self-concept emerged in

Patterson’s (1994a) study: children of lesbian mothers reported greater symptoms of stress but also a greater overall sense of well-being than did children in a comparison group of heterosexual families. The responses of both groups were, however, within a normal range (Patterson, 1994a). Overall, the belief that children of gay and lesbian parents suffer deficits in personal development has no empirical foundation.

Social Relationships

Studies assessing potential differences between children of gay and lesbian versus heterosexual parents have sometimes included assessments of children’s social relationships. The most common focus of attention has been on peer relations, but some information on children’s relationships with adults has also been collected. Research findings that address the likelihood of sexual abuse are also summarized in this section.

Research on peer relations among children of lesbian mothers has been reported by Golombok and her colleagues (1983), Green (1978), and by Green and his colleagues (1986). Reports by both parents and children suggest normal development of peer relationships. For example, as would be expected, most school-aged children reported same-sex best friends and predominantly same-sex peer groups (Golombok et al., 1983; Green, 1978). The quality of children’s peer relations was described, on average, in positive terms by researchers (Golombok et al., 1983) as well as by lesbian mothers and their children (Green et al., 1986).

No data on the children of gay fathers have been reported in this area.

Studies of relationships with adults among the offspring of lesbian and gay parents have also yielded a generally positive picture (Golombok et al., 1983; Harris & Turner, 1985/86; Kirkpatrick et al., 1981). For example, Golombok and her colleagues

(1983) found that children of divorced lesbian mothers were more likely to have had recent contact with their fathers than were children of divorced heterosexual mothers. Another study, however, found no differences in this regard (Kirkpatrick et al., 1981). Harris and Turner (1985/86) studied the offspring of gay fathers as well as those of lesbian mothers; parent-child relationships were described in positive terms by parents in their sample. One significant difference between lesbian and gay parents, on the one hand, and heterosexual parents, on the other, was that heterosexual parents were more likely to say that their children’s visits with the other parent presented problems for them (Harris & Turner, 1985/86).

In the Golombok et al. (1983) study, children’s contacts with adult friends of their lesbian mothers were also assessed. All of the children were reported to have contact with adult friends of their mothers, and the majority of lesbian mothers reported that their adult friends were a mixture of homosexual and heterosexual adults.

Concerns that children of gay or lesbian parents are more likely than children of heterosexual parents to be sexually abused have also been addressed. Results of work in this area reveal that the great majority of adults who perpetrate sexual abuse are male; sexual abuse of children by adult women is extremely rare (Finkelhor & Russell, 1984; Jones & MacFarlane, 1980; Sarafino, 1979). Moreover, the overwhelming majority of child sexual abuse cases involve an adult male abusing a young female (Jenny, Roesler, & Poyer, 1994; Jones & MacFarlane, 1980). Available evidence reveals that gay men are no more likely than heterosexual men to perpetrate child sexual abuse (Groth & Birnbaum, 1978; Jenny et al., 1994; Sarafino, 1979).

Fears that children in custody of gay or lesbian parents might be at heightened risk for sexual abuse are thus without basis in the research literature.

Summary

Overall, then, results of research to date suggest that children of lesbian and gay parents have normal relationships with peers and that their relationships with adults of both sexes are also satisfactory. The picture of lesbian mothers’ children that emerges from results of existing research is thus one of general engagement in social life with peers, with fathers, and with mothers’ adult friends–both male and female, both heterosexual and homosexual. Studies in this area to date are few, and the data emerging from them are sketchy. On the basis of existing research findings, however, fears about children of lesbians and gay men being sexually abused by adults, ostracized by peers, or isolated in single-sex lesbian or gay communities are unfounded.

C. Diversity among Gay and Lesbian Families

Despite the tremendous diversity evident within gay and lesbian communities, research on differences among lesbian and gay families with children is as yet quite sparse. One particularly important kind of heterogeneity involves the circumstances of children’s birth or adoption. Some men and women have had children in the context of heterosexual relationships that split up after one or both parents assumed lesbian or gay identities. Much of the existing research on lesbian mothers, gay fathers, and their children was initiated to address concerns that arose for such families in the context of child custody disputes, and it was often designed at least in part to examine the veracity of common stereotypes that have been voiced in legal proceedings. A growing number of men and women have also had children after assuming lesbian or gay identities. Recently, a small body of research (e.g., Flaks, et al., 1995; McCandlish, 1987; Patterson, 1994a, 1995a; Steckel, 1987) has begun to address issues relevant to families of this type. Parents and children in these two kinds of families are likely to have experiences that differ from one another in many respects.

Many issues (for example, residential versus non-residential parenting) have yet to be addressed directly by research. In this section, research findings on the impact of parental psychological and relationship status and on the influence of other stresses and supports are described. One dimension of difference among gay and lesbian families concerns whether or not the custodial parent is involved in a couple relationship, and if so what implications this may have for children. Pagelow (1980), Kirkpatrick et al. (1981), and Golombok et al. (1983) all reported that, in their samples, divorced lesbian mothers were more likely than divorced heterosexual mothers to be living with a romantic partner; however, none of these investigators examined connections between this variable and children’s adjustment or development in lesbian mother families.

Huggins (1989) reported that self-esteem among daughters of lesbian mothers whose lesbian partners lived with them was higher than that among daughters of lesbian mothers who did not live with a partner. Because of the small sample size and absence of statistical tests, this finding should be seen as suggestive rather than conclusive. On the basis of impressions from her own work, Kirkpatrick has also stated her view that “contrary to the fears expressed in court, children in households that included the mother’s lesbian lover had a richer, more open and stable family life” than did those in single parent lesbian mother households (Kirkpatrick, 1987, p. 204).

Issues related to division of family and household labor have also been studied. In families headed by lesbian couples, Patterson (1995a) found that, although mothers did not differ in their reported involvement in household and family decision-making tasks, biological mothers reported more time spent in child care and non-biological mothers reported more time spent in paid employment. In families where mothers reported sharing child care duties relatively evenly between themselves, parents were more satisfied and children were better adjusted. Thus, equal sharing of child care duties was associated with more advantageous outcomes both for parents and for children in this study.

Another aspect of diversity among gay and lesbian families relates to the psychological status and well-being of the parent. Research on parent-child relations in heterosexual families has consistently revealed that children’s adjustment is often related to indices of maternal mental health. One might therefore expect factors that enhance mental health among lesbian mothers or gay fathers also to benefit their children. Lott-Whitehead and Tully (1993) reported considerable variability in the amounts of stress described by lesbian mothers, but did not describe sources of stress nor their relations to child adjustment. Rand, Graham, and Rawlings (1982) found that lesbian mothers’ sense of psychological well-being was associated with their degree of openness about their lesbian identity with employers, ex-husbands, and children; mothers who felt more able to disclose their lesbian identity were more likely to express a positive sense of well-being.

Unfortunately, no information about the relations of these findings to adjustment or development among children of these women has been reported to date.

Another area of great diversity among families with a gay or lesbian parent concerns the degree to which a parent’s gay or lesbian identity is accepted by other significant people in a child’s life. Huggins (1989) found a tendency for children whose fathers were rejecting of maternal lesbian identities to report lower self-esteem than those whose fathers were neutral or positive. Due to small sample size and absence of significance tests, this finding should be regarded as preliminary and suggestive rather than definitive. Huggins’ (1989) finding does, however, raise questions about the extent to which reactions of important adults in a child’s environment can influence responses to discovery of a parent’s gay or lesbian identity.

Effects of the age at which children learn of parental homosexuality have also been a topic of study. Paul (1986) found that offspring who were told of parental gay, lesbian, or bisexual identity either in childhood or in late adolescence found the news easier to cope with than those who first learned of it during early to middle adolescence. Huggins (1989) also reported that those who learned of maternal lesbianism in childhood had higher self-esteem than did those who were not informed of it until they were adolescents. From a clinical perspective, it is widely agreed that early adolescence is a particularly difficult time for children to learn that a father is gay or that a mother is lesbian (Bozett, 1980; Pennington, 1987; Schulenberg, 1985).

Some investigators have also raised questions about the potential role of peer support in helping children to deal with issues raised by having a gay or lesbian parent. Lewis (1980) was the first to suggest that children’s silence on the topic of parental sexual orientation with peers and siblings might add to their feelings of isolation from other children. All of the 11 adolescents studied by O’Connell (1993) reported exercising selectivity about when they disclosed information about their mothers’ lesbian identities. Paul (1986) found that 29% of his young adult respondents had never known anyone else with a gay, lesbian, or bisexual parent, suggesting that the possibility of isolation is very real for some young people. Potentially negative effects of any such isolation have not, however, been uncovered in research to date. Lewis (1980) suggested that children would benefit from support groups consisting of other children of gay or lesbian parents, and young people interviewed by O’Connell (1993) agreed, but systematic evaluations of such groups have not been reported.

In summary, research on diversity among families with gay and lesbian parents and on the potential effects of such diversity on children is only beginning (Martin 1989; Patterson, 1992, 1995b) Existing data on children of lesbian mothers suggest that children may fare better when mothers are in good psychological health and living with a lesbian partner with whom they share child care. Children may find it easier to deal with issues raised by having lesbian or gay parents if they learn of parental sexual orientation during childhood rather than during adolescence. Existing data also suggest the value of a supportive milieu, in which parental sexual orientation is accepted by other significant adults and in which children have contact with peers in similar circumstances. The existing data are, however, still very sparse, and any conclusions must be seen as tentative.

It is clear, however, that existing research provides no basis for believing that children’s best interests are served by family conflict or secrecy about a parent’s gay or lesbian identity, or by requirements that a lesbian or gay parent maintain a household separate from that of a same-sex partner.

D. Conclusion

In summary, there is no evidence to suggest that lesbians and gay men are unfit to be parents or that psychosocial development among children of gay men or lesbians is compromised in any respect relative to that among offspring of heterosexual parents. Not a single study has found children of gay or lesbian parents to be disadvantaged in any significant respect relative to children of heterosexual parents. Indeed, the evidence to date suggests that home environments provided by gay and lesbian parents are as likely as those provided by heterosexual parents to support and enable children’s psychosocial growth.

It should be acknowledged that research on lesbian and gay parents and their children is still very new and relatively scarce. Less is known about children of gay fathers than about children of lesbian mothers. Little is known about development of the offspring of gay or lesbian parents during adolescence or adulthood. Sources of heterogeneity have yet to be systematically investigated. Longitudinal studies that follow lesbian and gay families over time are badly needed.

Acknowledgements

I wish to thank Clinton Anderson, Natalie Eldridge, Patricia Falk, Mary Henning-Stout, Larry Kurdek, April Martin, Bianca

Cody Murphy, Vera Paster, and Roy Scrivner for their helpful comments on an earlier draft of this manuscript.

II. ANNOTATED BIBLIOGRAPHY

The citations in this annotated bibliography come from a number of sources: from the original APA publication Lesbian Parents and Their Children, from a PsycLit search on gay and lesbian parenting from the years 1987-1993, and from recommendations made by our expert reviewers. We recognize that this bibliography is not all inclusive. The literature on lesbian and gay parenting is rapidly expanding, and we may have missed some resources. Furthermore, there are a number of doctoral dissertations on gay and lesbian parenting. We have not included disser

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Lesbians, gays, bisexuals and transgendered communities

Lesbians, gays, bisexuals and transgendered communities

Lesbians, Gays, Bisexuals and Transgendered Communities (LGBTR)

Name:

Institution

Lesbians, gays, bisexuals and transgendered communities

In a society whose larger part of the population is heterosexual, the few who find themselves on the other side of the bridge, more often than not find themselves on the receiving end of the majority. Gays, lesbians, bisexuals and the transgendered community made up the minority in society. The conflict between the two groups more often than not is silent and goes unnoticed. However, in some parts of the world, there is discrimination and violence against the minority group.

Owing to the fact that every person in society has something to offer, then the contribution of the lesbians, gays, bisexuals and transgendered communities (LGBTs) too should be appreciated. This is not always the case as most heterosexual persons look down upon and despise them. However in some regions, these groups have gained support from other persons in society and shown progress in the projects they undertake.

There is an undoubted input of the LGBTs in our day-to-day life especially in connection to the arts and cultural sector. A group like The Gay and Lesbian Fund for Colorado has created more awareness among straight persons that they have the capacity to do so, this is as stated by Johnson (2011). It is in regards to nightlife and recreation, there are numerous gay-friendly social events that are organized in the neighborhoods. Denver has the largest performing arts complex, art galleries and museums that display artistic work collected during the LGBTs social events. There are a huge number of theatres that screens plays and regional premieres that are LGBT affiliated.

In connection to family life and religion, homosexuals have received much criticism. Though some religions have slowly been accepting them there is a negative perspective of them still. There are various forms of families within this minority section of persons. These families are normal and complete with children. With time there has been a noted increase in societal tolerance towards changes in the family structure and in sexual orientation. More persons are now confident of their sexuality and do not shy away from it. In addition, more of them are creating their own families through donor insemination, adoption and surrogacy (Martin & Rayan 2000).

The coming up of such families has a direct impact on school set-up as the kids need to be incorporated in normal society. This has in a way caused the school authorities to be considerate of this minority group and brought in the services of professions to advice on how to deal with them. It is true that these groups needs this specialized knowledge and gradually, will get them. With such efforts, development of family, school and community partnerships is guaranteed as the children are successful in their education. This is one of the positive contributions of the gay and lesbian family set-ups (Dixon, 2001).

In connection to family life and religion, homosexuals have received much criticism. Though some religions have slowly been accepting them there is a negative perspective of them still. New churches that support this group have come up and taken in these persons in large numbers (Unitarian Universalist Associations of Congregations, 2011). This in a way has challenged the main stream churches which tend to relax the hard stance they have on this group to avoid losing followers. Unitarian Universalist Congregations welcomes the LGBTs. Such holds a strong believe in respecting the worth and dignity of every person. This is one of the few religions that have openly taken to ordaining gays and lesbians and even overseeing their religious activities such as weddings.

Heterosexuals, who consider themselves as ‘the normal ones’ find it difficult to accept the LGBTs in their lives. In a case of a school set-up, children from the perceived normal families of father and mother tend to segregate themselves from those from gay families. This is really discouraging especially if it extends to push the kids out of school for some reason. As Dixon (2001) notes, heterosexual parents can also be a setback in the case where they are against the spread of diverse ideologies on sexuality.

In the case where persons affiliated to the LGBTs start up businesses; few heterosexuals are supportive, in terms of being clients and customers. This may be a discouraging factor for them and make them to pull out of such ventures. Bad publicity due to their sexuality may also lead to their downfall.

Lack of support from governments to this minority groups is also a hindrance to their progress. In the case where there is a petition for their defense or such a cause, lack of hold-up demoralizes them. This may push these persons to moving away and settling in zones that recognize their rights and respect them or alternatively cause them to withdraw from the public domain.

Rigid ideologies held by heterosexuals about homosexual also hinder the appreciation of efforts they put to attain normalcy in their lives (Martin & Rayan 2000). However how much society grows, chances are that they will never come to a point of complete acceptance of homosexuals. But gradually, with activism and social forums, things get better for them.

References

Dixon P. M. (2001). Strange Fruit: Comparing the Struggles of African-Americans for Civil Rights with the Struggles of Lesbians, Gays, Bisexuals and Transgendered Peoples. Retrieved on 20th April 21, 2012 from http://whosoever.org/v6i1/fruit.html

Johnson A.M. (2011). GLBT Arts and Culture. Retrieved on 20th April 20, 2012 from http://www.denvergov.org/DenverOfficeofCulturalAffairs/ThingstoDoinDenver/CulturalItineraries/GLBTArtsCulture/tabid/436897/Default.aspx

Martin. A., & Ryan. D. (2000). Lesbian, Gay, Bisexual, and Transgender Parents in the School Systems. School Psychology Review 29(2) pp. 207-216.

Unitarian Universalist Associations of Congregations (2011). Bisexual, Gays Lesbian and Transgender Community retrieved on 19th April 21, 2012 from http://www.uua.org/beliefs/justice/6252.shtml

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lesson critique

lesson critique

Lesson critique

Name:

Institution:

Formative assessment. (group work)

Strengths: Combination of ideas from different students improves learning; Weak students can get help from their peers in the group through discussion; Encourages teamwork and cooperation among students.

Weaknesses: Possibility of some students not participating and letting others do all the work; Individual attention by teacher to weak student is lost

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Relevance of assessments

The formative assessment enables the students to grasp the basic concepts of the topic while the summative test gives them a deeper understanding of the three aspects of irony as well as a chance to demonstrate what they have understood

Summative assessment.

Strengths: Promotes deeper understanding of the concept through discussion and active criticism; Encourages interaction of students and fosters good relationships.

Weaknesses: Student will not learn all the three available options since discussion is only between two

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Collection of feedback.

Pros: level and scope of understanding is assessable as students get a chance to present what they have learnt, and the method allows for learning from peers through group work and student to student criticism and correction.

Cons: students may not cover the three presentation areas; they are only required to cover two so the feedback may not be conclusive criticism from fellow students may not be sufficient.

Instructional strategies.

Strengths: encompasses the entire scope of the topic covering verbal situational and dramatic irony; encourage teamwork and group participation and peer learning through group work

Weaknesses: one on one interaction by the teacher with students is minimal; the tests do not exhaustively cover the entire scope of the topic for each student, and could promote laziness in some students who will rely on their group members to do all the work.

References

Borich, D. B. (2013). Effective teaching methods: research based practice. Pearson.

Embrey, S. (2010). Teachers lesson planner and record book. Sterling

Grant, C. A., and Sleeter, C. E. (2006). Turning on learning: five approaches for multicultural teaching plans for race, class gender and disability.

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lesson plan For Grade level kindergarten

lesson plan For Grade level kindergarten

lesson plan For Grade level: kindergarten

Content: drawing, singing, actingLesson outcome: children will be able to sing and have social interactive activities to help them supplement the class work and improve their co-curricular activities.

DAY ONE:

Singing

Objectives:

Singing while expressing them.

Singing will help them explore their talents.

It will create an optional activity for them to spend their pass time.

It will provide for an optional method to express their feelings.

Pupil’s task;

Be willing to learn new songs

Participate in class activities

Be willing to participate as a group member

Teacher’s task;

Teach the children new and educative songs.

Coordinate the children to sing together.

DAY TWO:

Drawing

Objectives;

For the children to learn how to express themselves through drawing.

To enhance the child’s ability to handle drawing materials.

To enhance the child’s talent .Pupils task;

To follow the teachers instructions on how to undertake this activity.

To bring with them drawing tools.

Teachers task;

To guide the children on how to draw.

Ensure that the children use their tools effectively.

DAY THREE

Acting

Objectives;

To nature the children’s talent

To provide an avenue where the child can express himself/ herself

Pupil’s task;

To follow the teachers guidelines

To be willing to work in a group setting.

Teacher’s task;

To show the children how to dramatise and express themselves through acting.

Provide plays which are fun and easy to act. In case of plays with a complicated plot the teacher should simplify it and rewrite it in a simpler way.

By developing a class with same activities all aimed at achieving one prime objective that is to develop a child’s talent and grouping the lessons or units in a way that all contents complement one another for example in the case above, all are involved with self expression (Lee, 2000).

Through bringing children and other people from outside to help and to motivate the children through competitions, this adds to the teaching skills and the impact of one’s teaching skills.

Children will be able to assess themselves through several internal and external competitions so as to prove if the skills and approaches are working for them or not, children will develop a repertoire of themselves through the skills and their performance in class through presentations(Lee, 2000).

References:

Lee, A. M., Thomas, K. T., & Thomas, J. R. (2000). Physical education for children: daily lesson plans for middle school (2nd ed.). Champaign, IL: Human Kinetics.

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