NEGLIGENCE-DUTY OF CARE-DUTY OF POSSESSOR OF LAND CONDUCTING ACTIVITIES THEREON TO KEEP A LOOKOUT FOR LICENSEES

Plaintiff, seeking employment, came onto the site of a road construction project under defendant\u27s control as general contractor and posted by him with notices of construction and against trespassing. Plaintiff was struck by a materials truck backing, without lookout or warning, over the completed half of the road. On these facts the jury found that the truck was negligently operated and plaintiff prevailed. On appeal, held, affirmed. A contractor owes a duty of ordinary care to licensees in a case of active, as distinguished from passive negligence. Evidence as to the mode of operating the truck and likelihood of plaintiff\u27s presence in the position of peril was found sufficient to support the jury\u27s findings. One judge dissented, on grounds, inter alia, that the truck driver had no reason to anticipate a licensee\u27s presence in the path on the facts presented (notably the posted notices), and that the burden of warning thus imposed was unreasonable. Potter Title and Trust Co. v. Young, 367 Pa. 239, 80 A. (2d) 76 (1951)

EVIDENCE-BURDEN OF PROOF

In 1945, plaintiff, a common carrier, accepted a shipment of automotive parts from an army depot, which shipment had been loaded and sealed by service personnel before delivery to plaintiff. The bill of lading clerk, as was his usual practice, issued a straight bill without personally checking the contents. In fact the contents were short of those indicated in the bill, as was discovered by plaintiff\u27s employees when they checked the car immediately prior to forwarding. Plaintiff sued for the balance of the freight charge withheld by the United States to cover the shortage, the present opinion of the trial court being delivered in 1952. Held: because of the lapse of time and interim disbandment of army units, making proof by the government difficult, plaintiff was required to produce clear and concise proof of its allegations, or more than a preponderance of the evidence, which burden plaintiff did meet. Detroit & T.S.L.R. Co. v. United States, (D.C. Ohio 1952) 105 F. Supp. 182

INTERNATIONAL LAW-JURISDICTION OF INTERNATIONAL COURT OF JUSTICE

On May 1, 1951, Iranian legislation enacting the so-called nationalization of the oil industry in Iran received the imperial assent. Thus was set in motion the increasingly bitter course of events whereby Iran has practically cut herself off from the western world. A not insignificant element in these events is the abortive effort of the British to deal with the problem through the International Court of Justice. On July 5, 1951, the United Kingdom obtained an order from the Court designed to maintain the status quo pending further judicial proceedings. In the subsequent course of these proceedings the U .K. made certain requests going to the merits of the case and was met by Iran\u27s refusal to recognize the jurisdiction of the Court. This had the effect of suspending the proceedings on the merits and the controversy over jurisdiction was argued. These arguments were concluded on June 23, 1952. On June 26, Iran, severely hurt economically, and with the fields shut tight, conceded its inability to sell oil abroad since nationalization. Faced with this situation the Court held: it did not have jurisdiction for want of Iran\u27s consent under her Declaration of 1932 made pursuant to Article 36, paragraph 2, of the Statute of the International Court. Anglo-Iranian Oil Co. Case (Jurisdiction), Judgment of July 22, 1952: I. C. J. Reports 1952, p. 93

International Law - Retroactive Recognition of De Facto Government Not Invalidation of Acts of Prior De Jure Government

On December 12, 1949, the Chiang regime on Formosa accepted the offer of an American group headed by General Chennault to purchase the physical assets of the Nationalist-operated Central Air Transport Corporation, including forty aircraft located at Hong Kong. The British government ceased to recognize the Nationalists as the de jure government of China on January 5, 1950. Thereafter the British announced that they recognized the Communist regime as the de facto government of those parts of China they actually controlled, effective October 1, 1949, the date the Communists had proclaimed themselves the government of China. The Chennault corporation brought an action in Hong Kong against the CATC, seeking an order declaring it the owner of the forty planes. The action was dismissed on the ground, inter alia, that the recognition of the Communist regime operated retroactively to validate its actions and to invalidate the actions of the Chiang government subsequent to October 1, 1949, thereby annulling the sale of December 12, 1949. On appeal to the Privy Council, held, reversed. Retroactivity of recognition operates primarily to validate acts of a de facto government which has subsequently become the new de jure government, and not to invalidate acts of the previous de jure government. Civil Air Transport, Inc. v. Central Air Transport Corp.,[1953] A.C. (P.C. 1952) 70 at 93

ADMIRALTY-RECOVERY FOR NEGLIGENT INVASION OF CONTRACTURAL INTEREST IN USE OF SHIP

A fishing vessel just beginning a voyage was negligently struck by another ship and laid up for a period of time for repairs. The crew were to have been compensated on the so-called lay plan, 32% of the gross catch going to the jointly-owned vessel and gear, and 68% being split equally among the crew of ten, which included one of the joint owners. On a libel filed originally by seven of the crew members, but later joined by both owners and the remaining two of the crew, the trial court allowed recovery of the cost of repairs to the vessel and the full value of the lost catch, this last being apportioned as per the gross catch split outlined above, the crew sharing only as the real parties in interest. On appeal, held, the trial judgment reversed as to the nine non-owner crew members but affirmed as to the owners\u27 recovery of cost of repairs, 32% of the lost catch, and one tenth of the 68% of the lost catch apportioned to the crew for the one working owner. The nine crew members failed because their loss arose solely out of their contract with the owners,\u27\u27 and thus was governed by the rule in Robins Dry Dock and Repair Co. v. Flint denying recovery for negligent interference with a contractual interest. Borcich v. Ancich, (9th Cir. 1951) 191 F. (2d) 392

Equation of State in Relativistic Magnetohydrodynamics: variable versus constant adiabatic index

The role of the equation of state for a perfectly conducting, relativistic magnetized fluid is the main subject of this work. The ideal constant $\Gamma$-law equation of state, commonly adopted in a wide range of astrophysical applications, is compared with a more realistic equation of state that better approximates the single-specie relativistic gas. The paper focus on three different topics. First, the influence of a more realistic equation of state on the propagation of fast magneto-sonic shocks is investigated. This calls into question the validity of the constant $\Gamma$-law equation of state in problems where the temperature of the gas substantially changes across hydromagnetic waves. Second, we present a new inversion scheme to recover primitive variables (such as rest-mass density and pressure) from conservative ones that allows for a general equation of state and avoids catastrophic numerical cancellations in the non-relativistic and ultrarelativistic limits. Finally, selected numerical tests of astrophysical relevance (including magnetized accretion flows around Kerr black holes) are compared using different equations of state. Our main conclusion is that the choice of a realistic equation of state can considerably bear upon the solution when transitions from cold to hot gas (or viceversa) are present. Under these circumstances, a polytropic equation of state can significantly endanger the solution.Comment: 14 pages, 14 figure

Culturally significant fisheries: keystones for management of freshwater social-ecological systems

Indigenous peoples of North America, Australia, and New Zealand have a long tradition of harvesting freshwater animals. Over generations of reliance and subsistence harvesting, Indigenous peoples have acquired a profound understanding of these freshwater animals and ecosystems that have become embedded within their cultural identity. We have identified trans-Pacific parallels in the cultural significance of several freshwater animal groups, such as eels, other finfish, bivalves, and crayfish, to Indigenous peoples and their understanding and respect for the freshwater ecosystems on which their community survival depends. In recognizing such cultural connections, we found that non-Indigenous peoples can appreciate the deep significance of freshwater animals to Indigenous peoples and integrate Indigenous stewardship and Indigenous ecological knowledge into effective comanagement strategies for sustainable freshwater fisheries, such as Indigenous rangers, research partnerships, and Indigenous Protected Areas. Given that many of these culturally significant freshwater species also play key ecological roles in freshwater ecosystems, their recognition and prioritization in management and monitoring approaches should help sustain the health and well-being of both the social and ecological components of freshwater ecosystems

Exploring young people\u27s attitudes to HIV prevention medication (PrEP) in England: a qualitative study

Introduction Young people aged 18–24 years old are a key demographic target for eliminating HIV transmission globally. Pre-exposure prophylaxis (PrEP), a prevention medication, reduces HIV transmission. Despite good uptake by gay and bisexual men who have sex with men, hesitancy to use PrEP has been observed in other groups, such as young people and people from ethnic minority backgrounds. The aim of this study was to explore young people’s perceptions and attitudes to using PrEP. Design A qualitative transcendental phenomenological design was used. Participants and setting A convenience sample of 24 young people aged between 18 and 24 years was recruited from England. Methods Semistructured interviews and graphical elicitation were used to collect data including questions about current experiences of HIV care, awareness of using PrEP and decision-making about accessing PrEP. Thematic and visual analyses were used to identify findings. Results Young people had good levels of knowledge about HIV but poor understanding of using PrEP. In this information vacuum, negative stigma and stereotypes about HIV and homosexuality were transferred to using PrEP, which were reinforced by cultural norms portrayed on social media, television and film—such as an association between using PrEP and being a promiscuous, white, gay male. In addition, young people from ethnic minority communities appeared to have negative attitudes to PrEP use, compared with ethnic majority counterparts. This meant these young people in our study were unable to make decisions about when and how to use PrEP. Conclusion Findings indicate an information vacuum for young people regarding PrEP. A strength of the study is that theoretical data saturation was reached. A limitation of the study is participants were largely from Northern England, which has low prevalence of HIV. Further work is required to explore the information needs of young people in relation to PrEP

After the RCT: who comes to a family-based intervention for childhood overweight or obesity when it is implemented at scale in the community?

Background: When implemented at scale, the impact on health and health inequalities of public health interventions depends on who receives them in addition to intervention effectiveness. Methods: The MEND 7–13 (Mind, Exercise, Nutrition…Do it!) programme is a family-based weight management intervention for childhood overweight and obesity implemented at scale in the community. We compare the characteristics of children referred to the MEND programme (N=18 289 referred to 1940 programmes) with those of the population eligible for the intervention, and assess what predicts completion of the intervention. Results: Compared to the MEND-eligible population, proportionally more children who started MEND were: obese rather than overweight excluding obese; girls; Asian; from families with a lone parent; living in less favourable socioeconomic circumstances; and living in urban rather than rural or suburban areas. Having started the programme, children were relatively less likely to complete it if they: reported ‘abnormal’ compared to ‘normal’ levels of psychological distress; were boys; were from lone parent families; lived in less favourable socioeconomic circumstances; and had participated in a relatively large MEND programme group; or where managers had run more programmes. Conclusions: The provision and/or uptake of MEND did not appear to compromise and, if anything, promoted participation of those from disadvantaged circumstances and ethnic minority groups. However, this tendency was diminished because programme completion was less likely for those living in less favourable socioeconomic circumstances. Further research should explore how completion rates of this intervention could be improved for particular groups

The Impact of a Poverty Reduction Intervention on Infant Brain Activity

Early childhood poverty is a risk factor for lower school achievement, reduced earnings, and poorer health, and has been associated with differences in brain structure and function. Whether poverty causes differences in neurodevelopment, or is merely associated with factors that cause such differences, remains unclear. Here, we report estimates of the causal impact of a poverty reduction intervention on brain activity in the first year of life. We draw data from a subsample of the Baby's First Years study, which recruited 1,000 diverse low-income mother–infant dyads. Shortly after giving birth, mothers were randomized to receive either a large or nominal monthly unconditional cash gift. Infant brain activity was assessed at approximately 1 y of age in the child's home, using resting electroencephalography (EEG; n = 435). We hypothesized that infants in the high-cash gift group would have greater EEG power in the mid- to high-frequency bands and reduced power in a low-frequency band compared with infants in the low-cash gift group. Indeed, infants in the high-cash gift group showed more power in high-frequency bands. Effect sizes were similar in magnitude to many scalable education interventions, although the significance of estimates varied with the analytic specification. In sum, using a rigorous randomized design, we provide evidence that giving monthly unconditional cash transfers to mothers experiencing poverty in the first year of their children's lives may change infant brain activity. Such changes reflect neuroplasticity and environmental adaptation and display a pattern that has been associated with the development of subsequent cognitive skills