4,022 research outputs found

    Recent Cases: Eminent Domain — Retention Value as an Element of Valuation

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    In 1940 the plaintiff, a Swiss firm, purchased 420 metallic railway tires from an American firm, but was unable to ship them to Switzer­land through the existing British blockade. Plaintiff then made ex­tensive efforts to dispose of the tires, but because of their unusual dimensions was able to sell only 212 of them. In 1943, defendant, the United States Government, requisitioned the remaining 208 tires and awarded the plaintiff 1,003.14,thevalueofthetiresasscrapiron.Plaintiffrefusedtheawardclaimingthateventhoughnomarketwasavailablefortheunsoldtires,thetiresshouldhavebeenvaluedattheexistingpriceof1,003.14, the value of the tires as scrap iron. Plaintiff refused the award claiming that even though no market was available for the unsold tires, the tires should have been valued at the existing price of 8,100.84 on the domestic market or 9,180.95ontheforeignmarket.Held:becausenoadequatemarketvaluewasavailable,theactualvalueofthetiresinlightofthesurroundingfacts,circumstances,andconditionswas9,180.95 on the foreign market. Held: because no adequate market value was available, the actual value of the tires in light of the surrounding facts, circumstances, and conditions was 4,000. The power to requisition private property for public use is limited by the constitutional guarantee of just compensation. The conventional criterion for just compensation is the price the property would bring on the open market by a willing seller to a willing buyer. But market value cannot be a rigid standard in all cases, for occasional­ly the existing market price may be a wholly inadequate measure of just compensation. This may be true where the market price includes enhancement of value arising from the government\u27s demand for the requisitioned property. Conversely, market value may be just as inadequate where it fails to include all relevant considerations of value

    Eminent Domain — Interest of the Condemnee in Mineral Rights

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    In 1920 the Oklahoma Legislature passed an act authorizing condemnation of forty acres of land for State Capitol building purposes. Defendant condemnee was paid $80,000 for land condemned pursuant to the Act. Sixteen years later, defendant condemnee executed an oil and gas lease to the defendant Jones. The question of whether the mineral rights passed from the condemnee to the state immediately came of issue. In an action brought by the State to quiet title it was held that the State acquired a full fee title when the land was condemned, so the defendant condemnee retained no· rights in the mineral deposits. Analogous situations present the important problem of whether the interest taken by the condemner is such as to exclude any claim the condemnee might have to mineral rights. An examination of the nature of title acquired in eminent domain proceedings and its effect upon disposition of mineral rights, with particular attention to protection of the condemnee\u27s interests, is the purpose of this note

    Trial — Nature of Rebuttal Evidence Admissible in Nebraska

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    Arthur Vanderbilt once stated that the right to a fair trial in both civil and criminal cases is the most fundamental right of all. No matter how just the rules of substantive law may be, the interests of justice might often be thwarted if there were no procedural rules controlling presentation of evidence at trial; and it is with this in mind that certain procedural limitations have been placed upon the introduction of rebuttal evidence. If the plaintiff could withhold certain shreds of evidence or testimony until the last possible moment, the resulting surprise and dramatic effect upon the jury might very easily amount to an advantage for the plaintiff far greater than that merited by the probative value of the evidence so withheld. Since a trial should be an orderly search for truth in aid of administration of justice rather than a battle of wits between counsel, surprise tactics and unfair manipulation of evidence should be guarded against

    Trial — Nature of Rebuttal Evidence Admissible in Nebraska

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    Arthur Vanderbilt once stated that the right to a fair trial in both civil and criminal cases is the most fundamental right of all. No matter how just the rules of substantive law may be, the interests of justice might often be thwarted if there were no procedural rules controlling presentation of evidence at trial; and it is with this in mind that certain procedural limitations have been placed upon the introduction of rebuttal evidence. If the plaintiff could withhold certain shreds of evidence or testimony until the last possible moment, the resulting surprise and dramatic effect upon the jury might very easily amount to an advantage for the plaintiff far greater than that merited by the probative value of the evidence so withheld. Since a trial should be an orderly search for truth in aid of administration of justice rather than a battle of wits between counsel, surprise tactics and unfair manipulation of evidence should be guarded against

    Electron scattering states at solid surfaces calculated with realistic potentials

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    Scattering states with LEED asymptotics are calculated for a general non-muffin tin potential, as e.g. for a pseudopotential with a suitable barrier and image potential part. The latter applies especially to the case of low lying conduction bands. The wave function is described with a reciprocal lattice representation parallel to the surface and a discretization of the real space perpendicular to the surface. The Schroedinger equation leads to a system of linear one-dimensional equations. The asymptotic boundary value problem is confined via the quantum transmitting boundary method to a finite interval. The solutions are obtained basing on a multigrid technique which yields a fast and reliable algorithm. The influence of the boundary conditions, the accuracy and the rate of convergence with several solvers are discussed. The resulting charge densities are investigated.Comment: 5 pages, 4 figures, copyright and acknowledgment added, typos etc. correcte

    Mobile Healthcare Design Research: A Special Issue for Information Systems Researchers

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    Special Section Editorial - Mobile Decision Support and Analytics for Healthcare: Citizen, Organization, Governmental and Technological Perspective

    Plagiocephaly Perception and Prevention: A Need to Intervene Early to Educate Parents

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    Background: Plagiocephaly is a condition where the cranium has been malformed because of external forces or premature cranial suture fusion. This study’s objective was to gather and examine data regarding parent and caregiver awareness of plagiocephaly and its potential impact on development as well as to determine their rate of concern for positional flattening. Method: A cross-sectional survey study was conducted. Categorical variables were described by frequency and proportions. The study was conducted across eight outpatient pediatric sites. Approximately 1,100 parents and caregivers were targeted. Inclusion criteria required participants to be willing to answer the questionnaire, to be 18 years of age or older, and to have an infant 12 months of age or younger. Results: There were 404 participants, most of whom were female (89.8%) and 30–39 years of age (61.1%). Nineteen children (4.7%) were reported to have plagiocephaly, torticollis, and/or muscle weakness (PTM). A greater percentage of the participants with a child with PTM knew of positional flattening or plagiocephaly (73.3%) compared to those without (53.8%). The respondents with a child with PTM had a greater concern about plagiocephaly than those without (p = .03). Many of the respondents (65.3%) would use a device designed to prevent plagiocephaly. Conclusion: Many parents and caregivers were unaware of plagiocephaly and its potential impact on facial symmetry. A greater percentage of the participants with a child with PTM knew of positional flattening and also had a greater concern about plagiocephaly than those without
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