Chazakah: Judaic Law\u27s Non-Adverse Possession

This article questions the current doctrine of adverse possession. Rather than viewing adverse possession as a method of acquiring land, adverse possession should instead create a rebuttable presumption of ownership. Section II of this article describes adverse possession and outlines its elements. This section, in describing how the doctrine works, provides a framework for discussing how and why the law should change. Section III of this article describes chazakah. Unlike adverse possession, chazakah serves not as a tool by which a person acquires land, but instead creates a presumption of ownership. The true owner, however, may rebut that presumption. Chazakah evidences a transaction and nothing more. It is not, by itself, a method of obtaining ownership in property. Simply proving the elements of chazakah will not result in ownership vesting in the adverse possessor. Section III concludes with an illustration of the difference between the doctrines by applying the facts from Nome 2000 v. Fagerstrom, to both adverse possession and chazakah. Sections IV and V respectively discuss the major justifications for and criticisms of adverse possession. Section VI explains how chazakah not only satisfies adverse possession\u27s justifications but also escapes its criticisms, and explains why it is therefore a suitable alternative to adverse possession

Chazakah: Judaic Law\u27s Non-Adverse Possession

This article questions the current doctrine of adverse possession. Rather than viewing adverse possession as a method of acquiring land, adverse possession should instead create a rebuttable presumption of ownership. Section II of this article describes adverse possession and outlines its elements. This section, in describing how the doctrine works, provides a framework for discussing how and why the law should change. Section III of this article describes chazakah. Unlike adverse possession, chazakah serves not as a tool by which a person acquires land, but instead creates a presumption of ownership. The true owner, however, may rebut that presumption. Chazakah evidences a transaction and nothing more. It is not, by itself, a method of obtaining ownership in property. Simply proving the elements of chazakah will not result in ownership vesting in the adverse possessor. Section III concludes with an illustration of the difference between the doctrines by applying the facts from Nome 2000 v. Fagerstrom, to both adverse possession and chazakah. Sections IV and V respectively discuss the major justifications for and criticisms of adverse possession. Section VI explains how chazakah not only satisfies adverse possession\u27s justifications but also escapes its criticisms, and explains why it is therefore a suitable alternative to adverse possession

Zur frage nach der pathogenese der paralyse

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Modes and the alpha-gamma transition in rf capacitive discharges in N2O at different rf frequencies

This paper reports current-voltage characteristics and pressure-voltage transition curves from the weak-current a-mode to the strong-current g-mode for rf capacitive discharges in N2O at frequencies of 2 MHz, 13.56 MHz, and 27.12 MHz. At 2 MHz the rf discharge is mostly resistive whereas at 13.56 MHz and 27.12 MHz it is mostly capacitive. The weak-current a-mode was found to exist only above a certain minimum gas pressure for all frequencies studied [N. Yatsenko Sov. Phys. Tech. Phys. 26, 678 (19810] previously proposed that the a−g transition corresponds to breakdown of the sheaths. However, we show that this is the case only for sufficiently high gas pressures. At lower pressure there is a smooth transition from the weak-current a-mode to a strong-current g-mode, in which the sheaths produce fast electrons but the sheath has not undergone breakdown

Bostonia: v. 60, no. 1-3

Founded in 1900, Bostonia magazine is Boston University's main alumni publication, which covers alumni and student life, as well as university activities, events, and programs

Large sub-clonal variation in <i>Phytophthora infestans</i> from recent severe late blight epidemics in India

Abstract The population structure of the Phytophthora infestans populations that caused the recent 2013–14 late blight epidemic in eastern India (EI) and northeastern India (NEI) was examined. The data provide new baseline information for populations of P. infestans in India. A migrant European 13_A2 genotype was responsible for the 2013–14 epidemic, replacing the existing populations. Mutations have generated substantial sub-clonal variation with 24 multi-locus genotypes (MLGs) found, of which 19 were unique variants not yet reported elsewhere globally. Samples from West Bengal were the most diverse and grouped alongside MLGs found in Europe, the UK and from neighbouring Bangladesh but were not linked directly to most samples from south India. The pathogen population was broadly more aggressive on potato than on tomato and resistant to the fungicide metalaxyl. Pathogen population diversity was higher in regions around the international borders with Bangladesh and Nepal. Overall, the multiple shared MLGs suggested genetic contributions from UK and Europe in addition to a sub-structure based on the geographical location within India. Our data indicate the need for improved phytosanitary procedures and continuous surveillance to prevent the further introduction of aggressive lineages of P. infestans into the country

Bostonia: v. 62, no. 2, 5-6

Founded in 1900, Bostonia magazine is Boston University's main alumni publication, which covers alumni and student life, as well as university activities, events, and programs