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Case No. 05 C 3205.
June 12, 2007
Plaintiff Shelly J. Crawford ("Crawford" or "Plaintiff") sued Wilmette Public School District 39 ("WPS" or "Defendant") for unlawful discrimination and retaliation against her on the basis of her disability in violation of the Americans with Disability Act, 42 U.S.C. § 12111 et seq. and 42 U.S.C. § 1983. Specifically, Plaintiff alleged that WPS failed to accommodate her disability, and discharged her on the basis of her disability. Additionally, Plaintiff alleged that WPS retaliated against her by refusing to give her contract work as a substitute teacher after she filed her charges with the Equal Employment Opportunity Commission ("EEOC").
On January 25, 2007, this Court granted WPS's Motion for Summary Judgment pursuant to Fed.R.Civ.P. 56, finding that there was no genuine issue of material fact that Plaintiff knowingly and voluntarily released any claims against WPS. Plaintiff now moves, pursuant to Fed.R.Civ.P. 59(e), for partial reconsideration of this Court's January 25, 2007 Order, arguing that the release contained in Plaintiff's resignation agreement did not apply to Plaintiff's retaliation claim because that claim arose after the agreement was signed. Upon review, the Court agrees that the release contained in her resignation agreement, which was executed before her retaliation claim had even accrued, cannot operate as a waiver of that retaliation claim. However, WPS is nevertheless entitled to summary judgment for the independent reason that Crawford has failed to identify any similarly situated employees who did not file an EEOC charge and were not denied opportunities to work as a substitute teacher. Accordingly, for the reasons stated herein, Plaintiff's Motion for Reconsideration is denied.
Crawford is a certified teacher with a college education and some post-graduate work towards a master's degree in education. (Def. SOF at ¶ 2.) She suffers from multiple sclerosis, which condition requires her to use a motorized scooter for mobility. Id. Crawford began working for WPS in the 1994-95 school year as a substitute teacher. (Pltf. Resp. SOF at ¶ 4.) During the 1995-96 school year, Crawford worked as a special education paraprofessional and then, during the 1996-98 school years, she returned to substitute teaching. Id. Crawford worked as an English as a Second Language paraprofessional at Ramona School (elementary education) during the 1998-2002 school years. Id. She then worked as a building paraprofessional for the Ramona School during the 2002-03 school year. Id.
This Memorandum Order and Opinion assumes familiarity with this Court's previous Order of January 25, 2007 and incorporates the statement of facts set forth therein. Accordingly, the abbreviated statement of facts presented herein sets forth the facts relevant to the resolution of the instant Motion for Reconsideration. The facts set forth herein are derived from the statements of facts filed in connection with WPS's Motion for Summary Judgment. WPS's Statement of Material Facts is cited as "Def. SOF at ¶ ___"; Plaintiff's Response to WPS's Statement is cited as "Pltf. Resp. SOF at ¶ ___"; Plaintiff's Statement of Additional Material Facts is cited as "Pltf. SOF at ¶ ___"; and WPS's Response to Plaintiff's Statement of Additional Material Facts is cited as "Def. Resp. SOF at ¶ ___."
During the summer of 2003, WPS offered Crawford a position as a seventh-grade special education paraprofessional at the Wilmette Junior High School (the "Junior High"). (Def. SOF at ¶ 5.) Crawford worked in that position until — after having been advised that she would be terminated for disciplinary reasons if she did not resign — Crawford signed a resignation agreement that made her resignation effective as of April 26, 2004. (Pltf. Resp. SOF at ¶ 6; Def. Resp. SOF at ¶ 23.) The resignation agreement between Crawford and WPS, dated May 20, 2004, includes a release provision that provides, in pertinent part:
[Crawford] . . . and the Union . . . hereby release, discharge, and forever free the School District and the Board . . . of and from any and all claims, debts, dues, demands, liens, obligations, fees (including attorneys' fees), actions, or causes of action, of every kind or nature, at law or in equity, which the Employee or the Union may now have or claim to have or which may hereinafter accrue, whether known or unknown, anticipated or unanticipated, against the School District and the Board . . . by reason of any act done or omitted to be done connected with the past or present relationship between the parties arising out of [Crawford's] employment with the Board, except as contemplated by this Agreement. This release specifically includes, but is not limited to, rights or claims arising under the Illinois School Code, the Illinois Human Rights Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, as amended, the Americans With Disabilities Act of 1990, and Section 504 of The Rehabilitation Act of 1973, and any other applicable federal, state, or local statute, ordinance, or regulation or any collective bargaining agreement.
(Exh. V to Def. SOF at ¶ 6.)
In the months leading up to her resignation, Crawford attended several meetings with various WPS representatives to discuss issues with Crawford's performance. At one such meeting, on March 25, 2004, the Director of the Human Resources Department, Alice Reardon ("Reardon") and the assistant principal at the Junior High, Steven Smith ("Smith") advised Crawford that she could not continue in her position if her performance remained unsatisfactory, but that she could return to substitute teaching. (Def. Resp. SOF at ¶ 36.) Nevertheless, Smith placed Crawford on the "do not call" list for substitute teachers at the Junior High School as well as the McKenzie School. Id.
Crawford substitute taught on September 14, 2004 and again on October 28, 2004. Id. at ¶ 38. Crawford filed an EEOC charge of discrimination against WPS on January 4, 2005. Id. at ¶ 38. Crawford did not substitute teach for the remainder of the 2004-05 school year. Id. Certain substitute teachers substitute taught over 100 times during the 2004-05 school year and 284 substitute positions remained open during that year because there was "no sub available." Id. at ¶ 39. Plaintiff substituted over twenty times during the 2005-06 school year. (Pltf. Resp. SOF at ¶ 79.)
"A court may grant a Rule 59(e) motion to alter or amend the judgment if the movant presents newly discovered evidence that was not available at the time of trial or if the movant points to evidence in the record that clearly establishes a manifest error of law or fact." County of McHenry v. Ins. Co. of the West, 438 F.3d 813, 819 (7th Cir. 2006) (citing In re Prince, 85 F.3d 314, 324 (7th Cir. 1996)). A Rule 59(e) motion enables a district court to "correct its own errors and thus avoid unnecessary appellate procedures." Divane v. Krull Elec. Co., 194 F.3d 845, 848 (7th Cir. 1999) (quoting Moro v. Shell Oil Co., 91 F.3d 872, 876 (7th Cir. 1996)).
I. The Release Provision in the Resignation Agreement Does Not Bar Plaintiff's Retaliation Claim Against WPS.
"A release is a contract whereby a party abandons a claim to the person against whom the claim exists." Fuller Family Holdings, LLC v. The Northern Trust Co., 371 Ill. App. 3d 605, 614 (Ill.App.Ct. 2007) (citing Thornwood, Inc. V. Jenner Block, 344 Ill. App. 3d 15, 21 (Ill.App.Ct. 2003)). "As such, the interpretation of a release is governed by contract law." Id. (citing Farm Credit Bank v. Whitlock, 144 Ill.2d 440, 447 (1991)). "It is clear that a contractual release cannot be construed to include claims not within the contemplation of the parties, and it will not be extended to cover claims that may arise in the future." Feltmeier v. Feltmeier, 207 Ill.2d 263, 286 (2003) (citing Carona v. Illinois Central Gulf R.R. Co., 203 Ill. App. 3d 947, 951 (Ill.App.Ct. 1990)). Indeed, "[w]here a releasing party was unaware of other claims, Illinois law restricts the release to the particular claims that are explicitly covered by the agreement." Fuller Family Holdings, 371 Ill. App. 3d at 614 (citing Farm Credit Bank, 144 Ill.2d at 447). "Releases are strictly construed against the benefitting party and must spell out the intention of the parties with great particularity." Id. (citing Scott Fetzer Co. v. Montgomery Ward Co., 112 Ill.2d 378, 395 (1986)).
Crawford argues that this Court's Order granting WPS's Motion for Summary Judgment was based on a misapprehension of WPS's arguments as well as a clear error of law. Specifically, Crawford argues that the release of claims in her May 20, 2004 resignation agreement cannot operate to bar her retaliation claim because that claim "relates to her later relationship with Defendant as a substitute teacher during the 2004-2005 and 2005-2006 school years [which relationship] did not exist . . . when Crawford signed the resignation agreement." (Mem. in Support of Mtn. for Reconsideration at p. 3). WPS offers the tenuous argument that because "substitute teaching was part of [Crawford's] decision to sign the resignation agreement, . . . any claims based on her substitute teaching was [sic] covered by the release." (Def.'s Resp. to Mtn. for Reconsideration at p. 4).
Regardless of whether the availability of contract work as a substitute teacher factored into Crawford's decision to enter into the resignation agreement, it is clear that neither of the parties to this action could possibly have been aware of Crawford's retaliation claim at the time they signed that agreement. The parties executed the resignation agreement on May 20, 2004. More than seven months later, Crawford filed an EEOC charge of discrimination against WPS on January 4, 2005. Crawford alleges that after she filed her EEOC charge, WPS retaliated against her by refusing to permit her to substitute teach for the remainder of the 2004-05 school year. Crawford's claim against WPS for that alleged act of retaliation could not possibly have been within the contemplation of the parties at the time they entered into the resignation agreement. Crawford had not yet filed her EEOC charge when she agreed to a release of claims against WPS. As such, any claim based on alleged retaliation against Crawford for having filed that EEOC charge cannot have been a claim that either of the parties intended to be waived upon execution of the resignation agreement. Accordingly, this Court's decision granting summary judgment in favor of WPS on Crawford's retaliation claim based on waiver was error.
II. WPS Is Nevertheless Entitled to Summary Judgment on Crawford's Retaliation Claim.
Summary judgment is appropriate when "the pleadings, the depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). The Court must construe all facts in a light most favorable to the non-moving party and view all reasonable inferences in the non-moving party's favor to determine whether a genuine issue of material fact exists. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). A material fact is one that is outcome-determinative under governing law. Insolia v. Philip Morris Inc., 216 F.3d 596, 598 (7th Cir. 2000). In analyzing the facts for the purposes of a summary judgment, the court will "limit its analysis of the facts . . . to evidence that is properly identified and supported in the parties' [Local Rule 56.1] statement." Bordelon v. Chicago Sch. Reform Bd. Of Trustees, 233 F.3d 524, 529 (7th Cir. 2000). But a party must do more than rely on unsubstantiated assertions to defeat summary judgment. Greer v. Bd. of Educ. of the City of Chicago, 267 F.3d 723, 729 (7th Cir. 2001). Parties must cite to specific support in the record. Albiero v. City of Kankakee, 246 F.3d 927, 933 (7th Cir. 2001).
In this case, WPS moved for summary judgment on Crawford's claim that WPS retaliated against her for filing an EEOC charge. A plaintiff can demonstrate retaliation through either the direct or the indirect method of proof. Both parties treat Crawford's retaliation claim as one proceeding solely under the indirect method. In a retaliation claim under the ADA, a plaintiff proceeding under the indirect method:
must first establish a prima facie case of retaliation by demonstrating that after engaging in protected activity such as filing a charge, she was subjected to an adverse employment action even though she was performing her job satisfactorily, and no similarly situated employee who did not file a charge was subjected to the adverse employment action. The burden then shifts to the employer to present evidence of a non-invidious reason for the employment action at issue. If the employer does so, the burden shifts back to the employee to demonstrate that the employer's proffered reason is pretextual.Cassimy v. Bd. of Educ., 461 F.3d 932, 938 (7th Cir. 2006) (quoting Mannie v. Potter, 394 F.3d 977, 984 (7th Cir. 2005)).
In this case, WPS is entitled to summary judgment on Crawford's retaliation claim because Crawford has not identified any similarly situated employees who did not file a charge of discrimination and were treated more favorably than Crawford. "In order for an individual to be similarly situated to the plaintiff, the plaintiff must show that the individual is `directly comparable to her in all material respects.'" Burks v. Wisconsin Dept. of Transp., 464 F.3d 744, 751 (7th Cir. 2006) (citing Patterson v. Avery Dennison Corp., 281 F.3d 676, 680 (7th Cir. 2002)). "Factors relevant to this inquiry include whether the employees reported to the same supervisor, whether they were subject to the same standards and whether they had comparable education, experience and qualifications." Id. (citing Patterson, 281 F.3d at 680; Radue v. Kimberly-Clark Corp., 219 F.3d 612, 617-18 (7th Cir. 2000)). The similarly situated inquiry is not rigid or inflexible; it considers all relevant factors, the number of which will depend on the context of the particular case. Humphries v. CBOCS West, Inc., 474 F.3d 387, 405 (7th Cir. 2007). With respect to those relevant factors, "an employee need not show complete identity in comparing [herself] to the better treated employee, but [she] must show substantial similarity." Id.
Crawford has not met her burden to demonstrate that no similarly situated employee who did not file an EEOC charge was subjected to the adverse employment action about which she complains — the denial of substitute teaching opportunities. In its Motion for Summary Judgment, WPS argued that there is no evidence to show that WPS retaliated against Crawford after she filed an EEOC charge. In response, Crawford pointed to Beverly Argenzio ("Argenzio") as a similarly-situated substitute teacher who did not complain of discrimination and who substituted more often. (Pltf.'s Mem. in Opp. to Mtn. for Summary Judgment at p. 14). But Crawford's statement of additional material facts did not identify Argenzio as a similarly situated individual — only as a substitute teacher who substitute taught more often than did Crawford. And WPS admitted only that Argenzio substitute taught more frequently than Crawford — not that Argenzio and Crawford are similarly situated.
Ultimately, the proposition that Argenzio and Crawford are similarly situated is supported only by Crawford's conclusory assertion. Crawford offers no evidence whatsoever that she and Argenzio dealt with the same supervisors, were subject to the same standards, or that they had comparable education, experience or qualifications. Indeed, the only facts in the record about Argenzio and Crawford from which this Court could possibly conclude that Crawford and Argenzio are similarly situated are: (1) that Argenzio and Crawford are both female; and (2) that Argenzio and Crawford are both substitute teachers. That is not enough. Crawford's bald assertion that she and Argenzio are similarly situated is not sufficient to make out her prima facie case of retaliation. Greer, 267 F.3d at 729 ("a party cannot defeat summary judgment by relying on unsubstantiated assertions"); see also, Cannon-Stokes v. Potter, No. 03 C 1942, 2005 U.S. Dist. LEXIS 26751, *41-42 (N.D. Ill. Nov. 3, 2005) (granting defendant's motion for summary judgment on plaintiff's retaliation claim because, inter alia, "the court cannot determine whether these employees were similarly situated to Cannon-Stokes because she has not offered evidence regarding their job responsibilities, medical restrictions, supervisors, qualifications, or whether they engaged in similar conduct."). Construing all facts — as articulated in the parties' Local Rule 56.1 statements — in a light most favorable to Crawford and viewing all reasonable inferences in her favor, there is no genuine issue for trial as to whether WPS treated any similarly situated individuals who did not file an EEOC charge more favorably than it treated Crawford. Accordingly, summary judgment in favor of WPS, while improperly granted on the basis of the release provision in the resignation agreement, is nevertheless appropriate in this case.
Upon reconsideration of this Court's January 25, 2007 Order, this Court finds that the resignation agreement does not operate as a waiver of Plaintiff's retaliation claim against WPS. However, WPS is nevertheless entitled to summary judgment on Plaintiff's retaliation claim because Plaintiff has failed to identify any similarly situated employees who did not file an EEOC charge and were treated more favorably.
So ordered.


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subset: commoncrawl


text:
Meissner receives Northwood scholarship
Timothy P. Meissner will be a freshman at Northwood this fall and is recipient of the Free Enterprise Scholarship for the 2006-2007 academic year.
The Free Enterprise Scholarship is awarded to a student who has exhibited academic excellence during the high school years and carries $5,000 per year with renewal options if criteria are met.
Meissner will graduate from Midland High School this spring and will work toward a business degree from Northwood University. He is the son of Johnnie and Kathy Meissner of Midland.


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Telling Apart The Fakes From The Genuine Seo SpecialistSo you discovered a firm that asserts to be a Search Engine Optimization Expert, yet you are uncertain if they actually are the Browse Engine Optimization Specialist they state they are. How can you weed out the phonies and also the incompetents from one that is a real Search Engine.
Optimization Expert?
A Search Engine Optimization Professional is one that comprehends that Search Engine Optimization has two features: The Search Engine Optimization Expert needs to foresee what the consumers or potential site visitors to your web site would love to see as content of your site; and the Look Engine Optimization Specialist additionally needs to work within the restraints established by the preferred internet search engine.
Your Seo Specialist should be able to recognize the unique key words that are more than likely to be utilized by your end site visitors, viewers or users. Some SEO teams will supply you with thousands of keywords to utilize in your web site web content, but that is effective or not reliable because a lot of those target words and also expressions could not be used by many individuals. Efficient advertising by your Seo Specialist suggests tightening down the search procedure for your target visitors to a choose listing of key words as well as essential phrases that are preferred among the Web population.
Your Search Engine Optimization Professional must likewise understand that fundamental keyword research study still contributes a great deal to efficient Search Engine Optimization initiatives. This indicates focusing on high quality hits from high quality visitors over just hiking the variety of hits you obtain from the world at big. This is since a genuine Browse Engine Optimization Professional knows that you want revenues to make sure that your business could not only survive yet grow, instead of just being a preferred website for people to glance via. Also if you are the most-visited site on the net, if that doesn't translate to incomes for you, then employing a Search Engine Optimization Expert comes to be an ineffective effort.
Something that is not typically understood other than by a real Search Engine Optimization Specialist is that text is not the single web content being considered by internet search engine when ranking websites anymore. Nowadays, your Look Engine Optimization Specialist ought to understand that web content like news pictures, video clips as well as short articles are also part of the web content which are inspected by online search engine as well as contribute to your positions. A so-called Search Engine Optimization Professional that insists on text-only web content has plainly missed the bus so you need to look elsewhere for a better Search Engine Optimization Specialist to speak with and also employ.
Does your Seo Professional know how you can make use of online press launches? On-line press releases could be utilized by your Seo Professional by submitting them to layouts like RSS feeds and also information websites-- and indeed, also internet search engine. On-line news release (in the hands of a proficient Browse Engine Optimization Expert) could prove to be an effective way for web link structure to be performed. However your on-line news release should not focus on advertising your business name. If your Search Engine Optimization Specialist doesn't recognize that, tell him to focus rather on offering information and also news write-ups that serve as a supplemental solution to the Web area. The Seo Professional ought to develop this kind of content from the viewpoint of the viewers, end or target market user. On the internet news release are best sent to target networks a minimum of two times each month. On the internet news release are also an excellent way to integrate target words as well as phrases into the material to make sure that your Look Engine Optimization Specialist is i loved this striking two birds with one stone: keyword phrase usage as well as promotion of the website.
Your Look Engine Optimization Specialist have to concentrate on particular locations in the Search Engine Optimization initiative that will certainly make it a lot more efficient. Easy to use content that has been written by master authors is excellent as well as always an excellent addition to the site.
Prioritize top quality web links over mass link building. And also have your Seo Professional place a website map on your web site for the benefit of your visitors so they do not get shed.
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Something that is not commonly known except by an actual Browse Engine Optimization Specialist is that message is not the single web content being looked at by search engines when ranking internet sites any longer. Nowadays, your Search Engine Optimization Expert should understand that web content like information posts, pictures and also video clips are also part of the web content which are inspected by search engines and contribute to your positions. A supposed Browse Engine Optimization Expert that firmly insists on text-only material has actually clearly missed out on the bus so you require to look in other places for a better Look Engine Optimization Professional to work with as well as speak with.
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Police: Officer's condition is slowly improving
STAMFORD — The 38-year-old Stamford Police officer injured from falling off a bridge abutment in Norwalk during a high speed chase last week is still in critical condition, but doctors say he is slowly improving, according to police officials.
Stamford Police Sgt. Joseph Kennedy said officer Troy Strauser has not had any new procedures since he underwent three surgeries in an 18-hour span last Thursday. Kennedy said Strauser is still in critical condition, but has left the intensive care unit at the Norwalk Hospital.
"Right now he is working on recovering," said Kennedy. "We don't know what the future holds. All we know is what the doctors tell us, and all of the feedback from the doctors at the hospital has been positive. They think that his condition is improving."
Doctors are limiting Strauser's visitors, Kennedy said, and one of the most important things is giving his family some space.
"We want to give him and his family some time and space," said Kennedy. "We are only following doctors orders. The good thing is that his family is doing remarkably well and Troy is a very strong person who will fight to get better."
Kennedy said the police department has a strong support system and will do anything they can to help Strauser's recovery.
"We are a generally small police department, and everyone has strong relationships here," said Kennedy. "We want Troy's recovery to progress rapidly, but we know we need to be patient. Right now, I want Troy to be selfish and take are of himself so he can get better."
Strauser, a six-year veteran who is a midnight patrolman and married with three children, was chasing robbery suspect Frank O. Douglas on the Fairfield Avenue I-95 overpass in Norwalk early Thursday morning when Douglas jumped off a 20-foot embankment and ran across six lanes of traffic, police said.
Strauser did not see the edge of the embankment and ran full speed off the edge, police said.
He fell 20-feet, hitting a guardrail and then possibly landing face first on the pavement, according to police.
Strauser was bleeding heavily and complaining of severe arm pain, according to Norwalk Police reports. He was rushed to Norwalk Hospital in a police cruiser.
Police say Douglas was allegedly involved in the beating and robbery of a Hispanic male near the intersection of West Main and Diaz streets in Stamford at about 1:05 a.m. Thursday.
Douglas, 30, of Norwalk, was arraigned Friday at Stamford Superior Court for assault on a police officer, interfering with police, second-degree robbery, engaging police in pursuit, cruelty to animals and several motor vehicle charges.


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We are not imitating either the Chinese or the Vietnamese model. Under the Khmer Rouge, Under the leadership of the Khmer Rouge, Cambodia underwent a brutal and radical revolution.
The situation in Cambodia now is not that good, but a lot better than how it used to be.
Development of the industry was delayed, however, by the Vietnam and Cambodian Civil Wars and the political uncertainty that followed. Cambodia gained its independence on November It means providing the skills needed to succeed in a modern economy.
Poverty Data Year Source: First, the government abolished private ownership of land. They provide a safety net to families during difficult times Bradley, Cambodia has no known reserves of either crude oil or natural gas, and must import almost all of its energy.
The economy felt the impact of the global post-Dot Com economic slowdown inparticularly in the high-tech export sector — the growth rate in that area was cut by nearly half.
After independence Sihanouk pursued a policy of economic independence, securing aid and investment from a number of countries. Recently on Easter Sunday of March 30, in Phnom Penh, there were grenades thrown at a crowd during a public demonstration, which was supposed to be headed toward Sam Rainsy.
You can be the reformers and innovators who bring Cambodia to the next stage of development. Tourism is the largest sector of the economy, mainly related to Angkor and surrounding ruins. Other Khmer Rouge leaders rationalized the evacuation as a matter of self-reliance.
The main export was rice, and production levels were poor.
Cambodia only has nine useable airports. The law guaranteed workers the right to keep their wages, their other income and their property. The question is who will provide the ideas that can be translated into progress.
The life expectancy of many people in Cambodia is not that high. Gambling in Cambodia The gambling industry of Cambodia supports its tourism industry, which is mostly concentrated around the Siem Reap province.
There are UK writers just like me on hand, waiting to help you. Thus, the government added a fourth component—private economy—to the economic system and legitimized it with a constitutional amendment in February My proposal to the United Nations Economic Council is that they start donating some money to Cambodia to help out their economy.
The economic development of Cambodia was stunted in the s by political event of the era. Many countries face the same challenges. The main currency in Cambodia is the reil. Your country has been one of the 10 fastest-growing economies in the world over the past 20 years. Besides, they tend to over-utilize the natural resources since they do not have any other alternate means of livelihood except the use of natural resources.
The family-run economy included the home economies of the peasants, most retail businesses, individual artisans, handicrafts, repair shops, and small trade.The economy of Cambodia at present follows an open market system (market economy) and has seen rapid economic progress in the last decade.
Cambodia had a GDP of $ billion in [8] Per capita income, although rapidly increasing, is low compared with most neighboring countries.
In my paper I will attempt to give a brief description of the economic history and location of the country of Cambodia, its monetary and fiscal policies and their economic position of the last few years.
Cambodia is a former French colony that is located in Southeast Asia in the Indochina peninsula. The IMF Press Center is a password-protected site for working journalists. Press Center. I look forward to returning to Cambodia to see the economic progress that I believe is possible.
And I look forward to witnessing the contributions you can make. Thank you! IMF Communications Department.
Essay: Cambodia. Cambodia is a small country located in Southeast Asia bordering the Gulf of Thailand. My proposal to the United Nations Economic Council is that they start donating some money to Cambodia to help out their economy. By building up their economy they can use their money to build schools, hospitals, and more roads.
Economic history of Cambodia Cambodia was a farming area in the first and second millennia BCE. States in the area engaged in trade in the Indian Ocean and exported rice surpluses.
Complex irrigation systems were built in the 9th century. The French colonial period left the large feudal landholdings intact. Roads and a railway were [ ]. Introduction The ASEAN agreement to implement the ASEAN Economic Community (AEC) in is a rational approach in order to be the largest economic development in the developing world (Asian Development Bank (ADB) ; Austria ).
However, it seems likely to have both beneficial and negative aspects. Cambodia Essay Examples.Download


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By Lora E. Rasmussen
Tasked to procure severe intelligence that irrefutably proves Karukai mass army buildup to be able to mobilize skeptical Quorum leaders to motion, Captain Serros and Nova Squad navigate the harmful middle of geared up crime of the Unaligned platforms, the planet Vhesper. Vhesper, ruled by way of a Plutocracy, the place something imagined are available for a cost, and sentient lifestyles is the most cost effective commodity of all. but time is speedily slipping away. A historical Peace convention among the Quorum and Imperium is scheduled to happen in months' time at the Vosaia area station of R'sella, a convention during which the militaristic intentions of the Karukai needs to be delivered to gentle to make sure the security not just of the convention attendees, however the renovation of the Quorum itself. The calls for of this undertaking will draw the team of the QS Excalibur into the darkish reaches of the unknown as they sift via a legal empire to rival any planetary executive and so much perilous of all, are inextricably stuck through a perilous conflict of political maneuvering either inside of and out of doors of the Quorum. because the fragile establishment of the continuing chilly conflict among the Quorum and the Imperium is threatened on each side, Captain Avara Serros and Nova Squad may be propelled past the very restrict of actual and emotional patience because the fragility of lifestyles is made take place, secrets and techniques are printed, and battle during which the dying and enslavement of trillions of individuals comes ever in the direction of fact. Will Avara and the Squad reach their challenge and the Quorum triumph, or shatter in addition to galactic peace?
Continuing the tale of Nova, The darkish succeed in Wars Vol. I, Shatter, The darkish achieve Wars Vol. II good points complicated and hugely assorted characters in a gritty narrative that blends heart–racing firefights, suspense, romance, and tension–laden struggles for survival in the context of looming struggle. Set within the a ways destiny while Earth now not exits and people are just one in every of a dozen sentient species, Shatter is epic cinema made page–turning literature set in an absolutely discovered futuristic world.
119,907 words
422 pages
Continue reading "Shatter The Dark Reach Wars Vol. II - download pdf or read online"


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ATLANTA -- Frank Melton - the pistol-toting mayor of Jackson, Miss. - was jailed yesterday for violating his probation on weapons charges.
Mississippi's capital is awaiting a hearing tomorrow, when a court is to determine whether the probation should be revoked. If it is, Melton faces up to six months in state prison. But even if he winds up behind bars for any length of time, Melton could remain mayor because the original violation was a misdemeanor.
Melton became a polarizing figure in Jackson shortly after his 2005 election because of his unusual crime-fighting tactics, hailed by some and deemed utterly ridiculous by others.


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This article was written by Estheri Boro a student of Gujarat National Law University.
When it comes to our country India, which is a very diversified country with its various languages and culture, it becomes very difficult to bring its citizen together who all come from a diverse background. The northeastern state is one such example. Even though they very much make themselves a part of India yet since there is such a vast difference in culture and tradition and this leads to the feeling of disconnection amongst the citizens of the north eastern region and the rest of the country. After Independence, The leaders of the country were able to convince the provinces to be included and be together and live peacefully as a single and whole country but when it came to the northeastern region, they failed miserably. The main reason can be traced to its physical and biological traits, which belonged completely to another country. For example, people from south India even though they have different culture and tradition as compared to the mainland India, yet still they have a distinct similarities and connection but when it comes to the northeastern region they differs from it. So, since the leaders failed to convince them, there was a very high possibility that they would get together with the neighboring countries such as China, Burma, and Thailand etc. because of similarities in their culture, traditions and physical features. Huge protests were commencing in the area against the government of India and in order to curb such protest the government had to come up with a solution. This was in the mindset of the leaders of the country and hence came the existence of such Act. Violence became the way of life in northeastern states of India. State administration became incapable to maintain its internal disturbance. The President promulgated armed Forces Special Powers Act on 11th September of 1958. When it has to be looked at from the criminology perspective, it's a hate-crime. What started as discrimination from one side, it ignited to a larger crime, which has lead to the death of thousands spanning more than 20 years of various violence and crimes. Theories of criminology can be applied in such heinous act provided by the government of India.
At the beginning of the century, the inhabitants of the Naga Hills, which extend across the Indo-Burmese border, came together under the single banner of Naga National Council(NNC), aspiring for a common homeland and self-governance. The Naga leaders were adamantly against Indian rule over their people once the British pulled out of the region. Under the Hydari Agreement signed between NNC and British administration, Nagaland was granted protected status for ten years, after which the Nagas would decide whether they should stay in the Union or not. However, shortly after the British withdrew, independent India proclaimed the Naga Territory as part and parcel of the new Republic.[1] The NNC proclaimed Nagaland's independence. In retaliation, Indian authorities arrested the Naga leaders. An armed struggle ensued and there were large casualties on either side. The Armed Forces Special Powers Act is the product of this tension. Similarly in the state of Jammu and Kashmir, the flawed elections of 1987 in which the leaders of MUF (Muslim united front) had to face a fabricated defeat at the hands of mainstream political parties, resulted in violent means of struggle for secession from India. The massive militant uprising coupled with large-scale infiltration of cross border militants turned the situation volatile. In order to suppress the movement, the central govt. introduced AFSPA in 1990.
A few years into Indian independence, Jawaharlal Nehru, the first prime minister, faced his first insurgency in Naga districts of Assam, along the Burmese border. Baptist missionaries had converted a majority of the Nagas to Christianity and an educated leadership had emerged in the form of the Naga National Council. In the meetings between the Naga and the Indian leadership, Gandhi theoretically considered the possibility of Naga independence, but Nehru vehemently rejected the idea and offered the Nagas autonomy within India. In 1954, the Nagas began an insurgency for independence. India responded by sending in thousands of Indian army soldiers and paramilitary men from the Assam Rifles to crush the rebellion. An intense cycle of violence followed. To further arm his counterinsurgents and provide them with legal protection, Nehru's government passed the Armed Forces Special Powers Act (1958) in the Indian parliament. Now, Prime Minister Nehru echoed Churchill and Linlithgow as they had set about crushing the Quit India Movement with violence and legal protections of the Armed Forces Special Powers Ordinance. "No infirm government can function anywhere. Where there is violence, it has to be dealt with by government, whatever the reason for it may be," Nehru told the Indian parliament. And Nehru's soldiers in Nagaland mirrored the ruthlessness of the British forces in India. A reporter from England was told by the people living there that they had been beaten and tied up for hours without water; how they had been bound and hung downwards from beams to be flogged; how sons, brothers and fathers had been bayoneted to death."[2] The discontent in the borderlands of Nehru's India wasn't limited to the Naga areas. Signs of trouble and disillusionment with being ruled by a bureaucrat from New Delhi were growing in the former princely state of Manipur, which had merged with India in 1949. In 1964, the year of Nehru's death, a separatist militant group seeking independence from India, the United National Liberation Front, was formed in Manipur. India reacted to the centrifugal force by granting statehood to Manipur in 1972, which brought an elected local government and greater financial resources.[3] A few years later, inspired by Maoist ideas, some Manipuri rebels traveled to Lhasa and, with Chinese support, formed an insurgent group, the People's Liberation Army, which sought Manipuri independence. Several smaller insurgent groups came into being. The number of persons killed in acts of violence went up from two in 1978 to 51 in 1981, according to the South Asian Terrorism Portal. India responded by declaring Manipur a "disturbed area" and imposed the Armed Forces Special Powers Act in late 1980. A brutal cycle of insurgency and counterinsurgency has continued ever since, claiming several thousand lives.
- Hate Crime
Hate crime is generally understood as crime and abuse that is motivated or shaped by prejudice or group hatred. This tends to include prejudice on the grounds of race, religion, ethnicity, gender, sexuality and disability. Hate crime is also referred to as targeted crime, bias crime and prejudice-related crime.[4] It has generally been accepted, however, that an offender need not actually 'hate' his or her victim in order to have committed a 'hate crime'. 'Hate' has instead been conceptualized by most to mean 'prejudice'. Firstly, how do we define prejudice in the criminal context, and
Secondly what prejudices are deserving of criminal attention? Defining prejudice can be extraordinarily difficult. Some prejudices may be viewed as positive, such as anti-fascist or anti-racist. Other prejudices are innocuous such as a dislike of the color green. However, certain prejudices are deemed to be wholly unacceptable and damaging to the social cohesiveness of society. These may include, amongst various other forms of prejudice, racism, homophobia, and anti-religious views. For a layman to understand let us put it in a simple example. One couple was shopping in a store where suddenly two men are attacking the girl. Then later on, they target her boyfriend. Even when the police came they did not stop and continued their act. Police later on declared the particular incident as a hate-crime because the victims were both black and the attackers were white men.[5] They had a strong resentment towards black people and thus lead to such commitment of crime. The act was done maybe because they needed money and were drunk but still another motivation for committing the crime is bias or hatred towards the black community, more commonly known as hate-crime which is referred to those offence that are committed due to perpetrator's prejudiced or hostile attitudes toward a particular social group represented by the victim. A hate crime is comprised of at least two components – 1) the base criminal offence such as harassment, aggravated assault or even murder. 2) Evidence that the perpetrator's actions are motivated by prejudiced against the group represented by the victim.[6]
- Applying theory on AFSPA
This act has come into existence due to the feeling of hate crime felt by the people of Northeast. Since the area is declared as a tribal area which indirectly points out that they aren't that much developed as compared to the rest of the country in terms of mental ability in respect to intellectual and education and also because of physical appearances, the people of Northeast were made to feel like outsiders by the rest of the country. This was armed with many various incidences and such has led to the formation of resentment towards its fellow citizens. They started revolting and protesting against the country when asked to be part of it. On the other hand, India didn't let them become part of other country since such act would lead to decrease in the power of India in a lot of various reasons going from the area being decreased to various resources being lost. Then came the birth of this act. The Act restricted their right to live and right to work and ample powers of dictatorship was given in the hands of the army and they powers were used arbitrarily. All this was too much for the people of the northeast and they came up with a more feeling of resentment towards the government, which has led to more aggravated protest and revolts.
Howard Becker created labeling theory in 1963. Labeling theory takes the view that people become criminals when labeled as such and when they accept the label as a personal identity. Important concepts in labeling theory include primary and secondary deviance, retroactive and prospective labeling, as well as the importance of being stigmatized. Labeling theory stresses the idea that deviance is a relative term. Under this perspective, people become deviant not because of the act itself, but how people react to that act.[7] As part of this theory there are two types of deviance. Primary deviance refers to episodes of deviant behavior that many people participate in. Secondary deviance is when someone makes something out of that deviant behavior, which creates a negative social label that changes a person's self-concept and social identity. We call this negative label a stigma. To illustrate this let us take an example of two married men on a business trip. Both men have an affair on the trip. But only one of the married men does get caught for cheating and words get back home to his wife and family back home.[8] He certainly isn't the only married men to have an affair-the fact that he got caught is when secondary deviance sets in- when people start to 'make something' out of his behavior. It is quite possibly that the man who got caught will be labeled and develop a stigma as the result of his behavior. The man who did not get caught even though the act is same will not develop the same stigma because his act is unnoticed. The consequences are not because of the act itself, but because of someone finding out about his behavior and labeling him.
- Applying this theory to AFSPA
It would not be wrong if we say that the government of India and its citizen has labeled the people of Northeast. There are various reasons for which such an act has been made. First of all, a person of northeast differs in physical appearances from the rest of the country. There is also high rate of crime incidents in the area. Not saying that the outsiders living there do not commit them. They themselves also indulge in crimes against their own people. In that area, most of the crimes committed are not of heinous in nature and are merely theft or robbery. Such acts are committed because of lack of development in the area, which leads to unavailability of opportunity for them to work for their survival and livelihood. This leads to ample poverty amongst them and also there is a high rise in the population. Since the area is very secluded, its development tends to be very difficult and needs more effort as compared to the other areas of the country. So survival instincts becomes into play and hence leads them to act in such a way that is detrimental to the society but is a need for them. Also, secondly, refugees coming from other countries like Bangladesh, Burma etc. tends to settle in the northeast states. They become part of the region by claiming that they have very much love for the place in their heart. So whenever the people of northeast commit an act they are easily identified because of their physical appearances. For example let us put a scenario where a group of people are committing an act of robbery. The group consists of people from Bihar, Uttar Pradesh, Maharashtra and a few from the northeast. If there ever comes a situation where theft is committed within the group itself, the people of northeast will be the first person to be targeted because the person whose things has been stolen knows that people from the northeast are having the habitual nature of stealing and robbery. He is stereotyping the other person and is labeling him to be a criminal due to his different physical features. Given a hypothetical situation where it is of the mindset that people from Bihar and northeast has the most common inbuilt nature of stealing, still, the northeast person will be the first one to be blamed at because it is a lot easier for others to distinguish him from the crowd and the person from Bihar will get away with it because it is difficult to determine whether he is a Bihari or not.
A stigma has been given to them because of their features. When they go out from their region to other states, they are labeled to be different by discriminating them. This discrimination happens because of stereotype. So, rest of the country already has their mindset that they are criminals and are in the habit of revolting and protesting. Even if they are thinking twice before committing a crime, they know that they are being labeled and there is not point to not commit the crime. Hence this thinking leads to more commitment of crime.
Crimes of the powerful are those crimes committed by people who are in relatively strong legitimate economic and political positions in society. Critical criminologists have endeavored to broaden the narrow frame within which crime is often defined and considered, which has focused heavily on street, property, or 'stranger' crimes. Strands of critical criminology have sought to examine crimes and harms perpetrated not by the most disadvantaged in society but by those who hold significant social, economic or political power.[9] These 'crimes of the powerful' encompass a range of criminal or harmful activities.[10] Whole corporations and corporate elites or state bodies and state representatives may perpetrate them. Within the broad category of crimes of the powerful some critical criminologists would also include 'family violence', which may be founded on, for example, patriarchal ideological assumptions, and 'hate crimes', which may be founded on, for example, racist or homophobic ideological assumptions. Critical criminologists have endeavored to broaden the narrow frame within which crime[11] is often defined and considered, which has focused heavily on street, property, or 'stranger' crimes. Strands of critical criminology have sought to examine crimes and harms perpetrated not by the most disadvantaged in society but by those who hold significant social, economic or political power. These 'crimes of the powerful' encompass a range of criminal or harmful activities. Whole corporations and corporate elites or state bodies and state representatives may perpetrate them. Within the broad category of crimes of the powerful some critical criminologists would also include 'family violence', which may be founded on, for example, patriarchal ideological assumptions, and 'hate crimes', which may be founded on, for example, racist or homophobic ideological assumptions.[12]
Here the theory per se does not fall perfectly with the Act but there are instances, which falls within the category. Here we can take the help of Minority being dominated by the majority. The armies are given power to control the protest and revolt within this area. So, if such power falls in the wrong hand it can lead to a disaster which in reality it really did and lead to death of thousands of women, children and men. [13]Armies who are enjoying such power and using it arbitrarily are committing heinous crimes without having anyone to answer to. This is due to that fact that the rest of the country was together and supporting the act, as they were economically, socially and financially stronger than the northeastern region.[14] If it was the other way round and had the northeast region given support from big politicians, such act would have never been made.
AFSPA which is in force since a long time now, is on its peak in present scenario in regards to controversies. As it can not be ignored that this act brought peace in many areas and was very helpful for a long time in all these disturbed areas of North-East as well as Jammu and Kashmir and maybe it will be of same help in future but right now the conditions are a lot in bad condition and as the public living there and suffering can only tell how their life has gone miserable by this act we can not ignore those facts as well. Public is totally against this act as it is interfering in their lives and not only that there are many comments of AFSPA being in action because of political reasons and some are saying that politic parties want threat and fear in minds of people so that they can rule for longer period and for that military is the biggest help to them. In Northeast India as well as Jammu and Kashmir where AFSPA are mainly in action and regulations there are a number of deaths, encounters, suicides and other harms to the public against which the public is revolting. The public in the areas where AFSPA is in action are criticizing it and are totally against the regulation. The main reason for such a criticism is their sufferings.[15] If seen from inside the area one can easily see how badly the civilians are being treated and not only this but the worse thing is that they are in such a miserable condition not because of some terrorist activities or foreign invasion but by the army of their own country.[16] And another thing is that their complaints and cries are not being heard over and no one is really caring about that and the reasons for such a dealing are political as well as authoritical as government itself do not want to end the powers given to the military in these areas as the military is saying that ending this power will halt their try to keep piece in the area. The public outcry against the AFSPA is fuelled by instances where the armed forces have misused the powers granted to them: custodial deaths and fake encounter killings, for instance. There are good reasons to believe that in the prevailing situation the act does provide the requisite latitude for such transgressions to occur.[17]
As the present condition of AFSPA is in a very bad condition full of controversies and the movements being run against this act and the demand of a huge number of people to repeal the act because it has made their lives miserable and in other sense alienated them as they can not feel it their own country as no country's own army brutally kill the innocent or rape the women of the country it is very difficult to say about the future of this act but right now the end to this evil is no where to be seen mainly because of political complications and other safety requirements the government need to fulfill before repealing this act all of a sudden. The debates taking place in the whole country regarding the demands for AFSPA considerations are showing no fruit yet and people living in these north-eastern areas as well as Jammu and Kashmir are still in dark and in no hope of getting their future in light as the government by them does not seems to be their own now. Although there is pressure being put on by UNO also for the repeal of the act and central government is also concerned about this matter but still the implications and complications of removing such an important act, based on the historical help for the country, for the security of areas most prone to terrorist activities and moreover nearer to the boarders and also the same act that helped us a lot in earlier times to protect our country it does not seems to be quite possible for at least another some long years which may worsen the conditions of the people over there and may alienate more of them which is not healthy for a country, growing tremendously and gaining reputation in world on a large scale, like India. All we need now is to see the welfare of the people of our country right now and no political reasons and demand the repeal of this act. But in the end the future is not in our hands and we can only hope for the best in future and there is only hope right now as no surety or the government for the future of this act and the people is providing guarantee.
[1] http://law-projects.blogspot.in/2011/11/afspa-act-1958an-analysis.html
[2] Strategic Responses to Crime: Thinking Locally, Acting Globally by Melchor de Guzman, Aiedeo Mintie Das, Dilip K. Das
[3] http://www.lawctopus.com/academike/afspa-forces-1958/
[4] http://sydney.edu.au/law/criminology//ahcn/what_is_hatecrime.shtml
[5] Understanding Hate Crimes: Acts, Motives, Offenders, Victims, and Justice, by Carolyn Turpin-Petrosino
[6] http://exemplifier.org/The Issue of Human Security in Kashmir: AFSPA page 13
[7] http://www.firstpost.com/india/afspa-removed-tripura-18-years-imposed-gone-2266770.html
[8] http://saadut.blogspot.com/2011/10/afspa-between-political-rhetoric-and.html
[9] http://www.ficci.com/Sedocument/20228/India-Risk-Survey-2013.pdf
[10] Srivastava,Mihir. "The Siege Within: Goes On". Tehelka. 2 Sept. 2006.
[11] http://www.greggbarak.com/whats_new_10.html
[12] http://ncrb.nic.in/CD-CII2011/Statistics2011.pdf
[13] http://www.open.edu/openlearn/society/crimes-the-powerful/content-section-2
[14] http://www.ukessays.com/services/example-essays/criminology/analysis-crimes-powerful.php
[15] http://law-projects.blogspot.in/2011/11/afspa-act-1958an-analysis.html
[16] Saadut. "AFSPA : Between political rhetoric and reality". Speaking Mind. 30th October
[17] Raghavan, Srinath. "AFSPA is not worth it". The Asian Age. Sep 23, 2010


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