Friday, March 13, 2020

The Gorgeous America

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Few political documents have affected the world quite like the American Declaration of Independence or the French Declaration of the Rights of Man and Citizen. The repercussions of each have had a profound effect on world history up to this point. But why did these documents have such an effect? The answer lies in the common philosophical backgrounds of the two. The writings of Rousseau, Locke and Montesquieu all contained ideas that were later used by Thomas Jefferson and the National Assembly to compose the two documents.


Rousseaus ideas of a social contract, which states that the general will and the people were sovereign, and if a king abuses the liberty of the people they have a right and a duty to dissolve the current government and create a new one (McKay, 581), were central to both documents. Jefferson had Rousseaus ideas in mind when he wrote the Declaration of Independence. The history of the present King of Great Britain [George III] is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states...a prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people...we therefore...solemnly publish and declare, that these United Colonies are...independent states... (Jefferson, 1-). The reasons, such as suspension of colonial legislatures, impressment of American sailors and the importation of mercenaries (Jefferson, ), given for the dissolution of the political connections that the American and British people have held for over 100 years all relate to the Kings tyrannical tendencies and the peoples right to choose a different government. The edict also states that although petitions of grievances were issued, the King turned a deaf ear.


The Declaration of the Rights of Man is not only built on the social contract, but also on Rousseaus idea of general will of the people. He defines the general will as being, Sacred and absolute, reflecting the common interests of the people, who have displaced the monarch as the holder of the sovereign powers. (McKay, 581) Passing and enforcing arbitrary laws are considered to be an act of tyranny and a substantial reason, according to Rousseau, to declare the current government void and establish a new one. Article VII clearly states that arbitrary laws and orders cannot exist.(Sherman, 100) The fact that this is distinctly stated implies that arbitrary laws were being passed and enforced under Louis XVI. Article VI states that law is the expression of the general will every citizen has the right to participate personally or through his represenative.... (Sherman, 100)


Lockes ideas of natural rights, the rights of human beings to the pursuit of life, liberty, and property (McKay, 54), is clearly stated in both declarations. In the Declaration of Independence, Jefferson used the exact words in the preamble - life, liberty, and the pursuit of happiness - in which he uses happiness to mean property.(1) He also cites examples of the arbitrary suspension of liberties by George III such as the right to peaceably assemble, taxation without the consent of the colonists, maintenance of a peacetime standing army, and the right to a trial by jury.(1-)


A reference to natural rights also appear in the preamble of the Declaration of the Rights of Man. Article II of the proclamation directly states, The aim of all political associations is the preservation of the natural ... rights of man (which are)... liberty, property, security and resistance to oppression. (Sherman, -100) Article IV defines liberty as


The freedom to do everything which injures no one else hence the exercise of the natural rights of each man has no limits except those which assures to the other members of society the enjoyment of the same rights. These limits can only be determined by law.(Sherman, 100)


The rights of freedom from arbitrary imprisonment and the idea of someone accused of a crime is innocent until proven guilty (Sherman, 100) were all laid out by the national Assembly and run parallel to Lockes ideas about human rights.


Montesquieus ideas of the courts being the foremost protector of liberties (577) is used as a reason for the break with Great Britain. The justices of the admiralty or naval courts that existed in colonial America served at Kings Pleasure rather than Good Behavior, ensuring that the decisions of the courts would be biased in favor of the King. The right to a trial by jury was also suspended for those who broke the laws laid down by the Navigation acts. The colonials expressed these concerns in the Declaration of Independence. The Declaration of the Rights of Man also hold Montesquieus interpretation of the courts. It provides for the right to a trial and freedom from punishments that are not strictly and obviously necessary.(Sherman 100) It also holds that all men are equal in the eyes of the law.


Both the Declaration of Independence and the Declaration of the Rights of Man and Citizen have common roots in the arguments of the Enlightenment, and in the Enlightened philosophies Rousseau, Locke and Montesquieu. Rousseaus idea of a social contract, Lockes natural rights, and Montesquieus idea of the courts being the defenders of liberties all came into play when the two documents were written, and in being written, the culmination of the Enlightened thinkers came to their peak.



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Thursday, March 12, 2020

Discrimination Claims and Civil Law

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Discrimination Claims Process and Civil Litigation



Claims Processing



This paper is designed to help you better understand the process of filing claims with the Equal Employment Opportunity Commission, with the different requirements and time frames for filing as well as discussing the process for civil litigation within the legal system and how it effects the individuals concerned.



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Equal Employment Opportunity Commission



The Equal Employment Opportunity Commission (EEOC) was developed to help protect employees from unjustly being hired or in some cases terminated from employment based on certain factors. Most of these factors are classified under discrimination, however there are listed several types of discrimination. The EEOC looks at items such as sexual harassment, equal pay and compensation, race/color, age, national origin, pregnancy, religious beliefs, Americans with Disabilities, and a few others. I feel that all of these issues can and have been abused for employment purposes in the past and could easily be abused again, without someone available to investigate these very issues. That is why the EEOC was developed. In order for the process to work, and be efficient, there must be a set process defined in order to assist the employee, but also the employer to allow for the truth to be discovered.



The process is fairly simple. When the employee feels that they have been wrongfully treated, they must report it to the EEOC office. They can do this in person, by mail, or by telephone. Once this charge has been filed, the employer will then be notified by the EEOC office of said charge. If in fact the feeling is that the initial facts reveal that a violation of law may have occurred, then it may be assigned a priority investigation. When the evidence is less strong, then an investigation will be assigned to determine if a violation has occurred. At any time the EEOC can seek to settle a charge if the charged or the charging party expresses an interest in doing so. In the investigation, written statements may be taken, document reviews, interviews of personnel, and even site visits may be performed. When the evidence has been collected, the EEOC office will then discuss the findings with the charging party or employer, as appropriate. The charge may be mediated if both parties express an interest. This is often offered as an alternative to a lengthy investigation. Participation in the mediation program is voluntary and confidential and must be agreed upon by both involved parties. A charge can be dismissed at any point, if the investigation reveals that in the agency's best judgment that a violation of law did not occur, or if enough evidence cannot be obtained in the investigation phase. When a charge is dismissed, a notice is issued in accordance with the law which gives the charging party 0 days in which to file a lawsuit on his/her behalf.



Most of the reportable items listed earlier in the paper are listed by the EEOC as under the civil rights component of their office. In this case most of the complaints have a 180 day reporting limit, if no state reporting limits are in place. If the state in which the complaint is being filed has a state limit, then this limit becomes the filing timeframe. Every filing must reach the EEOC office within 00 days or 0 days after state notification of termination of the charges. The American Disabilities Act (ADA), as well as the Age Discrimination Act (ADEA), has the same guidelines. When a complaint is filed, pertinent information, such as events, names, telephone numbers, witnesses, etc, will be beneficial to have. If a case is deemed appropriate and the complaint goes to court, the EEOC will represent itself, and will normally provide its formal legal views in what is called a "brief". As you can see, the process is not that difficult and even though the steps may be time consuming, the safety and fair treatment of employees are at stake here.



Civil Litigation



Another option that employees have when they feel that they have been mistreated is the civil courts. While some court items can be very intimidating at times, civil litigation is a fairly defined process. As we discussed earlier, the EEOC complaint process was fairly rigid in its design, so to be the civil litigation process. The civil litigation process can be broken down into eight steps. One of the main differences between criminal litigation and civil litigation is the "beyond reasonable doubt". In civil litigation a majority can rule, unlike in a criminal litigation where it has to be unanimous. OK, so the eight steps of the civil litigation process



Step One- The retention of an Attorney. This is someone who will guide the complainant through the legal process, and develop what is known as the statement of claim, which is basically the reason we are going to litigation.



Step Two- The defense. This is where the person whom has been charged with the complaint has the ability to gain information as to the charge and is usually given 10 days to do so, although most are granted an extension.



Step Three- Information gathering- this is where both parties concerned will investigate the complaint on their behalf and gather appropriate information. Much like the EEOC investigated charges at their end.



Step Four-Discovery phase-where witnesses are interview and depending on the case, maybe deposed, which is an interview under oath, that will sometimes take the place of needing to appear in court.



Step Five-Readiness Stage-where all of the issues that were uncovered during the information gathering and the discovery phase will be shared by both parties.



Step Six-Pretrial Conferences- this is where discussions are held, as far as mediation possibilities, plea agreements, etc, to avoid trial.



Step Seven-The actual trial occurs and who know what will happen. Some can occur before just a judge and others with a jury.



Step Eight if needed-appeals. This is where if you feel all the evidence was not presented or, if some actual information was miscommunicated, then an appeal can be requested. A judge will typically look at the appeal to see if it is warranted.



Conclusion



As you can see from the paper, the process to both the EEOC complaints as well as civil litigation can in fact be intimidating, however both of these processes are pretty well designed to follow a specific format, which in and of itself is not that difficult. This paper was intended to help define those processes and to allow the reader to better understand how the process is designed.



References



(1.) www.eeoc.gov/facts/qanda.html



(.) Dessler, Gary. (000). Human Resource Management.



Prentice Hall Upper Saddle river, New Jersey.



 



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Tuesday, March 10, 2020

"Problem of Society"

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A Remarkable Man


"It was very sad, he thought. The things men carried inside. The things men did or felt they had to do. He almost nodded at her (his love), but didn't. Instead, he went back to his maps. He was now determined to perform his duties firmly and without negligence…from that point on, he would comport himself as a soldier. On the march, he would impose strict field discipline. He would accept the blame from what had happened to Ted Lavender. He would be a man about it."


-Tim O'Brien, "The Things They Carried"


The first time I read The Things They Carried by Timothy O'Brien, I immediately identified with the work. It seemed that O'Brien had a very individualistic way of looking at horrid events and experiences in a light that I emulated. The Things They Carried is O'Brien's recap of his occurrence and involvement in the Vietnam War, a war that, for some reason, interests and affects me. This quotation is one of a many that I distinctly remember. It is the paragraph in the first chapter of the book where O'Brien describes the attitude Lieutenant Jimmy Cross decides to adopt after the killing of one of his men, Ted Lavender. Before the killing Ted Lavender, Cross emits an attitude of selfishness, and ironically, at the same time one of deep love for a woman at home. His complete and udder focus on this woman caused him to lose sight of why he was in Vietnam in the first place, which was to direct and lead his division, and serve his country.


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This selection helps me frame and formulate what I see as the "problem" of ethics because it shows Cross' substitution of altruism with self-interest, disorder, and resentment. Cross' job as Lieutenant was to unify his troops, create a harmony amongst them, and perpetuate an everlasting hope of survival, all while selflessly leading them and his country to victory. His constant thoughts of his love back home hindered the completion of his job. They took over his mind, altering his actions, precautions, and orders. The problem of ethics in this is that people can easily become preoccupied with people, places, things, or events they believe to be more important than the actual entity of higher value. In comparison with the problem of ethics, Cross' problem was that while he may have had best intentions in mind for his troops (his morality in theory), the actions he carried out (morality in practice) contradicted this. That is the problem with ethics; selfless thoughts and selfish actions do not always coincide and, therefore, cause dilemmas within oneself and externally.


This quotation can summarize the solution used promote the good of the troops and people in general. In a smaller picture, Cross chooses to perform his duties more seriously, dispose of the thoughts that distracted him, and adjust his troops for a better performance. In the larger picture, this translates into taking life seriously, both thoughts and actions to make sure both coincide with one another. In other words, become selfless in action and thought; want peace and harmony for everyone regardless of the cost. This, however, is not really a solution to the problem. It offers a suggestion to the attitude people should hold to achieve good ethics and morals. Unfortunately, that is a lot easier said than done, and only that person can change their views and actions to be the most moral and ethical person they can be.


O'Brien's quotation can be compared to a Machiavellian quotation used in The Prince "…And a prince ought, above all things, always to endeavor in every action to gain for himself the reputation of being a great and remarkable man (Chapter 1)." This quotation can be compared and contrasted to Tim O'Brien's quotation. In both quotations, it is suggested that every action one carries out should be great and remarkable. However, the motives behind completing each task differ. Tim O'Brien feels that one should act a certain way because it is the right thing to do. In this certain instance, he feels that Cross should act differently and "be a man about" taking his responsibility seriously. O'Brien tells of Cross' realization that life in general, not just his life and the life of his loved one, is more important than everything else. When one has responsibility over another man's life, whether it is in some small, indirect way, or in the large, direct way that Cross is responsible for Lavender's life, the reality of that liability becomes greater and the stakes become higher. Machiavelli's motive behind his quotation is less selfless and more direct. He states that every endeavor you attempt should be giving you a better name. In a way, this is comparable to O'Brien's theory on making life better for you and for others. However, what Machiavelli literally means is that if it is not going to benefit you, it should not be done.


Machiavelli and O'Brien are very hard to compare even though both have an idea about morals and ethics. Machiavelli seems to be more direct and focuses more on self-interest through actions and words. In other words, do what is in your best interest. O'Brien makes his statement directed more towards the good of people through realization and conquering of internal struggles. Because once the internal qualms are identified and dealt with, people can work towards solving the problem concerning morals and ethics.


Overall, morals and ethics differ for everyone. They are not one specific set of rules, regulations, laws, or suggestions. They are dependent on various factors and experiences throughout your life and since everyone's life is different, everyone's ethics, morals, and actions are not going to be identical. The main problem with the controversy of true morals and ethics is self-interest. The minute another entity takes over your mind is the minute all focus is lost. Once the focus of what is really good and true disappears, disunity and corruption become the result. O'Brien deals with the problem by showing Cross' internal struggle on obsessing over his love, to realizing that he is the cause of disarray in his regiment. This realization causes his actions to change to better the good of himself, his troops, and the Vietnam War. Machiavelli, on the other hand, uses his quotation to state that as long as you are completing a task that is in the best interest of yourself, it is great and remarkable. Machiavelli shows how moral and ethics do not apply as long as a goal is accomplished successfully to benefit the reputation of the people and its country, and your reputation. The self-interested way of dealing with ethics and morals leads to problematic and corrupt society where it acceptable to do things for yourself without thinking of the consequences. O'Brien preaches the exact opposite. And while both Machiavelli and O'Brien offer ideas and suggestions for solutions, the main problem remains unsolved because we are human. The minute we as humans can become completely self-less is the minute the good of all people (ethics and morals) will be true.



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Monday, March 9, 2020

Insomnia

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Andrea Earle



English Comp



10-11-0



Assignment #5 Definition



Insomnia



Webster defines insomnia as prolonged and usually abnormal inability to obtain adequate



sleep. For people who suffer from this disorder the definition is vague at best. 10 Million



Americans consult a physician every year for sleep disorders. Another 50 million suffer in



silence. Sometimes, people who have no trouble sleeping, don't understand the problem. Many



health problems cause insomnia, and likewise insomnia can cause many health problems.



Insomniacs have symptoms from the disorder that can be confusing or frustrating to someone



close to them. Insomnia is not just a "nighttime problem," it can affect many aspects of a persons



life. Insomniacs usually tend to be very tired during the day, making it hard to concentrate.



Irritability is a common symptom of lack of sleep also.(So You Wanna 1)



People who suffer from insomnia have trouble falling asleep at night. They wake up in the



middle of the night and can't go back to sleep. Or they wake up to early in the morning. Insomnia



can be very stressful, looking at the clock every hour, watching the hours left to sleep get shorter



and shorter, until they are gone and its time to get up. Unfortunately stress is one of the biggest



causes of acute insomnia. Acute insomnia is short term. It can range from one night to a few



weeks. Other causes of acute insomnia are, illness, injury, change in working hours, and



uncomfortable sleeping conditions. Many people are very sensitive to light conditions, and



temperature when they are trying to sleep.



Chronic insomnia is a much bigger problem, and much harder to treat. Chronic insomnia



is long term it can range from three nights a week for a month, or indefinitely without proper



treatment. Causes of chronic insomnia are depression, long-term stress, or chronic pain. In this



case it is hard to treat the insomnia, because the underlying problem must be treated first. People



who have chronic insomnia, often times have depression, and stress because those symptoms feed



off each other.



Some people who have insomnia may have another sleep disorder that is causing the



problem, such as sleep apnea. Those with sleep apnea "literally stop breathing in their sleep. The



brain receives a signal to arouse the person out of sleep in order to resume breathing.



Consequently sleep is extremely fragmented and of poor quality."(Get The Facts 1-)



Treatment of insomnia is different case by case. Many acute cases do not require formal



treatment. Simply making a few changes in lifestyle, such as changing sleeping conditions,



waiting out an illness or injury, or getting accustomed to a new schedule. A doctor may prescribe



sleeping pills on a short term basis until the problem is resolved. Chronic insomnia on the other



hand requires treating the underlying condition. A health care provider may recommend



counseling or behavioral therapy to change behaviors that may cause the insomnia. Therapists



may suggest some relaxation exercises, or sleep restriction exercises.



Good sleep habits in general can help make sleep more refreshing and beneficial. Going



to bed at or around the same time every night, and waking at the same time every morning will



establish a good sleep routine, and the body will adjust accordingly. No matter how enjoyable a



nap sounds, try to avoid it. Move more, getting regular exercise will be relaxing, as long as it's



not to close to bed time. Reading a book or taking a bath before bed is very relaxing also. Don't



lay in bed tossing and turning, get up and do something relaxing. Laying in bed will cause more



stress, it's better to try not to think about it. Insomnia is a lonely disorder, because its victims



feel helpless. A lot of times the treatments talked about previously don't always work, and the



person may give up trying.



I myself suffer from chronic insomnia, so I know how it feels. Not getting a good nights



rest, or any rest at all is very hard the next day. When I get home from school or work, the first



thing I want to do is take a nap, because I am exhausted. I know I'm not suppose to take a nap, or



I won't be tired at bedtime. Then I think to myself, I'm never tired at bed time anyway, so if I



take a nap at least I will be able to spend some quality time with my boy friend, when he gets



home. I never can tell what's going to keep me awake. All sleeping conditions have to be perfect.



A ticking clock that I didn't even notice one night will keep me awake the next night. I have been



known to put our clock in the kitchen cupboard in the middle of the night, because just placing it



in another room, I can still hear it a slightly. One night I won't be able to sleep without the fan on,



because it's hot, the next night, the sound of that same fan drives me crazy.



I know that my chronic insomnia is caused by stress. My bouts with insomnia do go away



from time to time. I am a worrier, and always have been, so at least I know how to stop the cycle,



by stopping the stress that's happening at the time. For instance this week, I have four papers due



for school, I started a new job, and my forty five year old aunt (whom I am very close to) is



having brain surgery, how much sleep do you think I will get this week?



ʑWorks cited



"So You Wanna Cure For Insomnia?" soyouwanna.com. 1-000.



10-08-0 http//www.soyouwanna.com/site/syws/insomnia/insomnia.html



American Sleep Apnea Association. Get The Facts About Sleep Apnea. Washington, DC



American Sleep Apnea Association, -01



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Thursday, March 5, 2020

Alcohol in college

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Alcohol in College



Alcohol is a huge problem on most college campuses. Twenty one may be the legal drinking age, but some how minors find a way to get a hold of alcohol. People as young as fifteen are able to get their hands on an alcoholic beverage. Alcohol is said to be the chosen drug among college students. College students have a tendency to drink more then the general population. The type of college, geographical location, the ethnic and gender makeup plays a role in the amount of drinking that occurs on campus (Shalala, 1). For example colleges with fraternities and sororities have higher statistics; this is because of their sponsored parties (Shalala, ). They drink more often, which contributes to heavier drinking. Alcohol is known to affect many different types of people; housewives, church members, and successful business owners. But college students seem to be especially affected by alcohol (Encarta, 1). There are many different steps that are being taken to diffuse the drinking on college campuses. Colleges are starting programs for alcoholic students, establishing rules and moral codes on campus, and even banishing alcoholic advertisements on campus.



Studies show that college students drink more when they are in a group, which speaks on peer influences. When it comes to drinking on campus there is no legal age so to speak. When someone goes to a party they dont get carded, they get a cup. Studies show that students between the ages of 18-1 drink more then those that are over 1 (Shalala, ). Forty one percent of college students report to binge drinking, and nearly four percent drink daily (Shalala, ). Binge drinking is defined as four drinks for a woman in one sitting, and five drinks for a male in one sitting. Students that binge drinker have even more problems then students who dont. Binge drinkers are more likely to have hangovers and engage themselves in unplanned sexual activity (Shalala, ). Alcohol, in small amounts, may relieve tension, fatigue, or produce an affect that numbs pain (Encarta, ). There are endless consequences that come with drinking. A range of problems occur due to alcohol consumption. If large amounts of alcohol are consumed, complete loss of physical control may follow, ending in stupor, possibly even in death (Encarta, ). The most popular problem that occurs with drinking is academic problems; others include things such as trauma, date rape, recklessness, vandalism and pregnancy in women. There are many organizations that are trying to reduce these terrible statistics. Two for instance are MADD and SADD. These organizations help to raise awareness about alcohol and all its dangers. Some organizations, such as Alcoholics Anonymous, help alcoholics recover with long-term group therapy, in some cases-even hospitalization (Encarta, 6). Recovery may even involve individual counseling (Encarta, 6). Most treatment programs used for long term periods are effective, but are less successful in shorter sessions (Encarta, 6). Colleges have even devised plans to reduce the amount of alcohol consumed on their campuses. A college should provide students with alternate activities, in order to prevent then from drinking. Campus facilities should remain open, and colleges should expand their recreational activities on nights and weekends. Many colleges have strict rules and regulation concerning alcohol. Here are some more ways that colleges are trying to prevent and reduce alcohol problems. First, they enforce their rules and regulations. Failure to abide by these rules will result in a fine, probation, community service, or even suspension in the severe cases. Secondly, they reduce availability by banning beer, and parties on campus. Thirdly, colleges have been banning advertising alcoholic beverages in school newspapers and throughout the campus.



Most colleges feel that advertisement has a big influence on students. It not only puts the idea in their head, but it also advertises cheap beer. If students know that a certain beer is cheap that will give then an incentive to go out and buy the beer. Another way that colleges are trying to reduce the alcohol consumption is buy counseling. Buy constantly reinforcing the dangers of drinking, colleges hope that students will listen and stop drinking. I decided to interview one of my old teachers, in order to get her opinion about alcohol on college campuses. She has a son that is presently looking for a college. I was curious to see how she felt about sending her son away to a college, with all the talk about alcohol on campuses. After talking with my teacher I realized that every parent is worried about the amount of alcohol on college campuses.



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She said that she was very nervous and worried about the amount of alcohol on college campuses. She also said that she feels confident that her son will make responsible decisions while in college. Parents often talk to their children about drugs and alcohol, and my professor has already had a discussion with her so. I feel that parents do have their childs best interest in mind. Parents are not dumb they know what goes on at college. Most parents are prepared for the stories and the talks. My feelings on drinking have greatly changed after attending college. In high school, I used to party all the time. The parties in high school were nothing like the ones at college. Now I know why everyone says that you havent been to a party, until youve been to a college party. I never witnessed binge drinking until I came to college. I have no problem with partying. Sure I like to drink, once in a while, but not everyday. Here on campus the parties start on Wednesday, and go until Saturday. Even before Wednesday people are talking about drinking and which house is having the party.



I feel that drinking in college get extremely out of control. In the semesters that I have been here, I have heard, and saw some scary things. One girl in a class of mine almost got raped because a guy was too drunk. Another girl at my school lost her virginity to a guy she didnt know, because they were both so hammered. Alcohol is not only a dangerous drug, but it also can make or break you. The girl that lost her virginity now has a horrible reputation and no one wants to be seen with her. I know so many people that have messed around with guys because they were drunk. I dont know about you but I dont think I could mess around with someone that I dont know, and on top of that hardly remember what happened. Alcohol is an extremely addictive and dangerous. There are some many college students that have either ruined their reputation or gotten kicked out of their school because of alcohol. Honestly, does stumbling, vomiting, and basically looking like a fool sound fun? I dont think so. Perhaps someday public health organizations will enable society to identify the early signs of drinking habits and help people to over come their alcoholism before their condition worsens (Encarta, 7). If you are going to drink, at least have control, drink in moderation and be careful. I know that when I drink I never leave my friends, nor do I drink too much, because I have people that watch out for me. Getting drunk doesnt need to be a rite of passage, and hangovers arent a prerequisite for graduation (Shalala, 1).



 



Please note that this sample paper on alcohol in college is for your review only. In order to eliminate any of the plagiarism issues, it is highly recommended that you do not use it for you own writing purposes. In case you experience difficulties with writing a well structured and accurately composed paper on alcohol in college, we are here to assist you. Your persuasive essay on alcohol in college will be written from scratch, so you do not have to worry about its originality.



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