WILLS-CONSTRUCTIVE TRUST IMPOSED ON ALL HEIRS WHERE SOME INTERFERED WITH EXECUTION OF WILL

Two heirs at law, by physical force or by creating a disturbance, prevented decedent from executing a will devising her property to plaintiff. Shortly thereafter, decedent lapsed into a semi-comatose condition from which she never recovered. Plaintiff asked the court to impose a constructive trust on the distributive shares of all heirs, six of whom were not parties to the fraud. The district court gave judgment for the plaintiff; the Court of Civil Appeals partially reversed, allowing the innocent heirs to take free of any trust. On appeal, held, judgment of district court affirmed. Since all heirs at law were unjustly enriched, their distributive shares were properly impressed with a constructive trust for plaintiff\u27s benefit. Pope v. Garrett, (Tex. I948) 211 S.W. (2d) 559

NEGLIGENCE-CAUSATION-INTERVENING CAUSE

Plaintiff alleged that while driving on a two-lane highway, he was overtaken by defendant, who attempted to pass against oncoming traffic and forced plaintiff to tum right in an effort to leave the highway. At that point, a passenger in plaintiff\u27s car seized the steering wheel, causing the car to travel left across the highway without collision and then overturn, injuring plaintiff. Held, demurrer to complaint sustained. The passenger\u27s act was not foreseeable, was not the normal response to the situation created by the defendant, and was so extraordinary as to be an efficient intervening cause. Robinson v. Butler, (Minn. 1948) 33 N. W. (2d) 821

Correlated Spectral and Recurrence Variations of Cygnus X-1

We present results of recurrence analysis of the black hole X-ray binary Cygnus X-1 using combined observations from the Rossi X-ray Timing Explorer All-sky Monitor and the Japanese Monitor of All-sky X-ray Image aboard the ISS. From the time-dependent windowed recurrence plot (RP), we compute ten recurrence quantities that describe the dynamical behavior of the source and compare them to the spectral state at each point in time. We identify epochs of state changes corresponding to transitions into highly deterministic or highly stochastic dynamical regimes and their correlation to specific spectral states. We compare k-Nearest Neighbors and Random Forest models for various sizes of the time-dependent RP. The spectral state in Cygnus X-1 can be predicted with greater than 95 per cent accuracy for both types of models explored across a range of RP sizes based solely on the recurrence properties. The primary features from the RP that distinguish between spectral states are the determinism, Shannon entropy, and average line length, all of which are systematically higher in the hard state compared to the soft state. Our results suggest that the hard and soft states of Cygnus X-1 exhibit distinct dynamical variability and the time domain alone can be used for spectral state classification.Comment: 17 pages, 10 figures, 7 tables; Accepted for publication in Monthly Notices of the Royal Astronomical Societ

Comparative Law Approaches to Media Access to Court Proceedings

A particularly interesting panel, this one examines media access, pretrial publicity, and the presumption of innocence, comparing the laws and practices in the United States to those in several European countries and Canada. The panelists speak to the national laws of continental Europe and case law of the European Court of Human Rights, law and practices in the United Kingdom, Canada, and the United States. Apparent differences emerge in both trial procedures and media actions and expectations in these various countries. Questions/themes/discussion topics Comparing U.S. law to the law of other countries concerning media access to trials, pretrial information that might prejudice a juror, and the presumption of innocence What restrictions on the press do other countries employ to ensure that defendants get a fair trial? What restrictions do other countries employ to ensure that the reputation of innocent defendants are not irreparably damaged in the course of legal proceedings? Should freedom of the press be reexamined under a modern media lens? What are the differences between English law concerning journalist liability and U.S. law as defined by New York Times v. Sullivan? The effect of Naomi Campbell\u27s court case on UK law Difference between jury selection in the U.S. and Canad

Lecture capture: Practical recommendations for students and instructors

In this article, we provide practical recommendations to help promote self-regulated strategies for the use of lecture capture for both students and instructors. For students, we suggest that the importance of attendance and effective note-taking should be reinforced, as well as specifying how lecture capture can best be used as a catch-up or revision aid. For instructors, we highlight the need to provide guidance for students on how to learn and to adopt a context-dependent approach to lecture capture based on pedagogical considerations, rather than all-or-nothing. Regarding the issue of the relationship between lecture capture and attendance, we suggest the focus should move to a more nuanced discussion of why students fail to attend lectures and how they are using lecture capture. Finally, we discuss other concerns commonly raised by instructors related to lecture capture. Our student guidance is available for dissemination in infographic form at https://osf.io/esd2q/files/

The distribution of biodiversity richness in the tropics

We compare the numbers of vascular plant species in the three major tropical areas. The Afrotropical Region (Africa south of the Sahara Desert plus Madagascar), roughly equal in size to the Latin American Region (Mexico southward), has only 56,451 recorded species (about 170 being added annually), as compared with 118,308 recorded species (about 750 being added annually) in Latin America. Southeast Asia, only a quarter the size of the other two tropical areas, has approximately 50,000 recorded species, with an average of 364 being added annually. Thus, Tropical Asia is likely to be proportionately richest in plant diversity, and for biodiversity in general, for its size. In the animal groups we reviewed, the patterns of species diversity were mostly similar except for mammals and butterflies. Judged from these relationships, Latin America may be home to at least a third of global biodiversity

The victorious English language: hegemonic practices in the management academy

This study explores hegemonic linguistic processes, that is, the dominant and unreflective use of the English language in the production of textual knowledge accounts. The authors see the production of management knowledge as situated in central or peripheral locations, which they examine from an English language perspective. Their inquiry is based on an empirical study based on the perspectives of 33 management academics (not English language speakers) in (semi) peripheral locations, who have to generate and disseminate knowledge in and through the English language. Although the hegemony of the center in the knowledge production process has long been acknowledged, the specific contribution of this study is to explore how the English language operates as part of the “ideological complex” that produces and maintains this hegemony, as well as how this hegemony is manifested at the local level of publication practices in peripherally located business and management schools

Experimental and computational studies of jamming

Jamming is a common feature of out of equilibrium systems showing slow relaxation dynamics. Here we review our efforts in understanding jamming in granular materials using experiments and computer simulations. We first obtain an estimation of an effective temperature for a slowly sheared granular material very close to jamming. The measurement of the effective temperature is realized in the laboratory by slowly shearing a closely-packed ensemble of spherical beads confined by an external pressure in a Couette geometry. All the probe particles, independent of their characteristic features, equilibrate at the same temperature, given by the packing density of the system. This suggests that the effective temperature is a state variable for the nearly jammed system. Then we investigate numerically whether the effective temperature can be obtained from a flat average over the jammed configuration at a given energy in the granular packing, as postulated by the thermodynamic approach to grains.Comment: 20 pages, 9 figure

Education and older adults at the University of the Third Age

This article reports a critical analysis of older adult education in Malta. In educational gerontology, a critical perspective demands the exposure of how relations of power and inequality, in their myriad forms, combinations, and complexities, are manifest in late-life learning initiatives. Fieldwork conducted at the University of the Third Age (UTA) in Malta uncovered the political nature of elder-learning, especially with respect to three intersecting lines of inequality - namely, positive aging, elitism, and gender. A cautionary note is, therefore, warranted at the dominant positive interpretations of UTAs since late-life learning, as any other education activity, is not politically neutral.peer-reviewe