EVIDENCE-DOCUMENTARY PROOF OF MARKET VALUE OF PERSONAL PROPERTY-ADMISSIBILITY-RELATIONSHIP TO ORAL TESTIMONY BASED THEREON

Even the most casual observer of modern business practices will accede to the general proposition that the most accurate reflection of market value for many commodities can be found in documentary sources. This is particularly true of those commodities of an homogeneous character which are sold in well-organized markets characterized by price uniformity and free access to price information. Of them, it may well be said that no more satisfactory evidence of market value than the newspaper market reports can be found, barring the possibility of personal observation of the board at the market itself. However, the average businessman will also rely on documentary indications of market value, such as price lists and catalogs, when dealing with articles of manufacture which, because of style variations or other peculiar characteristics, are not readily interchangeable with other articles of like design and manufacture. In addition, the business world will attach great significance to the influence of the document on the market in determining the credibility of price lists and similar documents where it appears that prices may be influenced by monopolistic control. It is proposed to examine herein the competency of all such documents as evidence of market value and to inquire as to the circumstances which control their admissibility

CORPORATIONS-SALE OF ALL OR SUBSTANTIALLY ALL OF CORPORATE ASSETS-EFFECT OF MODERN STATUTES

Modern general corporation acts commonly provide that a sale of all or substantially all of the assets of a corporation organized thereunder may be authorized by the affirmative vote of a specified proportion of the outstanding shares and made upon such terms as the board of directors shall deem expedient and for the best interests of the corporation. Since this sale provision usually stands apart from the dissolution or winding-up process authorized in the same acts, a legislative intent to govern all voluntary sales, not actually incident to dissolution by the terms of the statute would seem to be clear. Yet the argument has been made that, under certain circumstances, a sale of all or substantially all of the corporate assets is within the competence of the directors. A recent Michigan case, Michigan Wolverine Student Co-Operative, Inc. v. Wm. Goodyear and Co., affords an excellent opportunity to examine the argument and, it is hoped, indicate its lack of validity. Since it is not proposed to discuss what constitutes a sale of substantially all assets, the treatment will be phrased in terms of the simple-sale-of-all-assets case

CONSTITUTIONAL LAW-ESTABLISHMENT OF RELIGION, DUE PROCESS, AND EQUAL PROTECTION-PUBLIC AID TO PAROCHIAL SCHOOLS

It is the purpose of this comment to examine the validity of conclusions reached on the facts of the Everson case. But what was said in the majority opinion and in the two dissenting opinions in the Everson case may also forecast developments in the future. Consequently, there will be occasion to comment upon the broader implications of the decision. First, however, it will be helpful to trace the development of the case law dealing with state and federal constitutional provisions bearing on public aid to parochial schools

New Algorithms for Position Heaps

We present several results about position heaps, a relatively new alternative to suffix trees and suffix arrays. First, we show that, if we limit the maximum length of patterns to be sought, then we can also limit the height of the heap and reduce the worst-case cost of insertions and deletions. Second, we show how to build a position heap in linear time independent of the size of the alphabet. Third, we show how to augment a position heap such that it supports access to the corresponding suffix array, and vice versa. Fourth, we introduce a variant of a position heap that can be simulated efficiently by a compressed suffix array with a linear number of extra bits

Conforming finite element methods for the clamped plate problem

Finite element methods for solving biharmonic boundary value problems are considered. The particular problem discussed is that of a clamped thin plate. This problem is reformulated in a weak, form in the Sobolev space Techniques for setting up conforming trial Functions are utilized in a Galerkin technique to produce finite element solutions. The shortcomings of various trial function formulations are discussed, and a macro—element approach to local mesh refinement using rectangular elements is given

LABOR LAW-INJUNCTION-UNITED STATES v. UNITED MINE WORKERS OF AMERICA

This comment was originally prepared as a discussion of the decision of the District Court for the District of Columbia. Since it seemed probable that the Supreme Court\u27s decision would be rendered before or shortly after the comment could be published in normal course, the editors decided to delay the printing of this issue of the Review so that a discussion of the Supreme Court opinions could be included. References to the opinions of the Supreme Court Justices appear in brackets.Ed.] Following a breakdown in the collective bargaining process in the spring of 1946 between the majority of the nation\u27s bituminous coal mine operators on the one hand and the United Mine Workers of America on the other, the President of the United States, acting under authority of the War Labor Disputes Act, ordered the Secretary of the Interior to take possession of the mines where operation was interrupted or threatened with interruption. Pursuant to the order, on May 22, 1946 the United States, through the Secretary of the Interior, took possession of most of the bituminous coal mines of the nation. Subsequently, a contract, embodying changes in wages and other terms and conditions of employment, was executed by the Secretary of the Interior, Julius A. Krug, for the government and by the president of the United Mine Workers, John L. Lewis, for the union. After approximately five months of operation under this contract, Lewis demanded renegotiation, relying on a construction of the contract which Krug insisted was erroneous. After a series of conferences, which began on November 1, 1946, the union and the government had not agreed on the construction of the contract or on any change in the terms of employment. On November 15, 1946, Lewis issued a unilateral notice of termination of the contract, effective November 20, in accordance with the construction of the contract for which he contended

PREDICTING THE DATE OF FIRST CATCH OF THE CORN EARWORM, HELICOVERPA ZEA, IN CENTRAL U.S.

This paper develops predictive (or correlative) models for the date of first catch of the com earworm, Helicoverpa zea, as a basis for identifying biotic and abiotic factors that influence dispersal and migration. Data described in Goodenough et al. (1988, J. Econ. Entomol.) on the catch of H. zea gathered at over 150 sites predominantly in the central U.S. from 1983 to 1986 are analyzed. The dependent variables, Y1 and Y2, are date of first meaningful catch and date when cumulative catch exceeds 5, respectively; the independent variables are latitude, longitude and elevation of the site. Outstanding among the findings are the following : 1) There is no statistical evidence based on all the data that the slopes of the simple linear regression models of Y2 on latitude differ among the four years. The common slope estimate is 8.11 days/degree, the intercepts differ by as many as 16 days, and the combined model has r2 = 0.69. 2) There is no statistical evidence based on the data in the central U.S. that the partial slopes of the multiple regression models of Y2 on latitude and longitude differ among the four years. The common partial slope estimates are 7.36 and -1.27 days/degree, the intercepts differ by as many as 17 days, and the combined model has R 2= 0.69. Second order terms are not significant . 3) An exploratory analysis using GIS mapping software suggests that elevation is also a significant predictor variable. The suggestion is confirmed in multiple regression models for both Y1 and Y22= 0.71 and 0.72 respectively. The intercepts differ by as many as 20 and 17 days, respectively, over the four years . These results imply that the time of fi!\u27st appearance at any location in the central U.S. could be predicted once the date of first appearance in South Texas is ascertained. They also demonstrate the utility of analyzing residuals using GIS mapping software. Research is in progress to investigate other possible predictor variables including soil moisture, soil temperature and precipitation

The propensity to bargain while on a vacation

This article assesses how tourists' bargaining motivations and attitudes moderate their willingness to return to Italy, where bargaining is perceived as one of the best ways to deal with sellers. A non-probability quota sampling technique was used to survey domestic tourists in Italy through an online questionnaire which encompassed 26 bargaining values and one item to measure the likelihood that the tourists would bargain at the same destination in the future. The data comprised a total of 812 observations. An order probit model and marginal effects were estimated to measure the tourists' propensity to return to Italy for bargaining purposes. The study findings indicate that tourists' propensity to return for bargaining purposes is taken with the awareness that they will not obtain what they expected; as a matter of fact, they are unlikely to care about the final result but instead engage in this behaviour to have fun.FCT - National Funding Agency for Science, Research and Technology [UID/ECO/04007/2013 CEFAGE