Montana Perpetuities Legislation—A Plea for Reform

Montana Perpetuities Legislation—A Plea for Refor

RIGHT OF PRIVACY-STATUS OF THE LAW IN MICHIGAN-LIABILITY FOR COMMERCIAL USE OF PHOTOGRAPH

Defendant published plaintiff\u27s photograph in connection with a cosmetics advertisement in a Detroit newspaper. Plaintiff sought damages, alleging that she neither knew of nor assented to the publication of the photograph, that the publication constituted an invasion of her right to be free from offensive publicity, and that she had suffered consequential damages. The trial court sustained defendant\u27s motion to dismiss on the ground that the complaint stated no cause of action. On appeal, held, reversed and remanded. Plaintiff stated a cause of action for invasion of her right of privacy. Pallas v. Crowley, Milner & Co., 322 Mich. 411, 33 N.W. (2d) 911 (1948)

CORPORATIONS-SHAREHOLDERS\u27 DERIVATIVE SUITS-WHEN DEMAND ON SHAREHOLDERS IS A PREREQUISITE TO MAINTENANCE OF SUIT

A shareholder\u27s derivative suit is an equity proceeding instituted by a shareholder on behalf of himself and all other shareholders to assert corporate rights. Both the corporation and the parties allegedly liable to the corporation are necessary parties. The question to be considered in this comment is, when must the plaintiff shareholder show that he sought redress for the corporation through collective action of the shareholders and failed to secure it? As a preliminary matter, we may ask what sort of collective action the shareholders are expected to take. A few authorities suggest that the shareholders, as a body, bring suit against the directors where misconduct by the directorate is alleged; but such a suit would also be derivative, and its advantages over the ordinary derivative suit are not apparent. The common suggestion is that the shareholders will act in a meeting and either adopt a resolution directing the management to bring suit or elect a new management pledged to do so

LEGISLATION-PERPETUITIES-SOME RECENT STATUTORY CHANGES IN THE LAW OF PERPETUITIES

During the past five years the legislatures of several states have wrestled anew with an old problem, that of limiting the permissible duration of indirect restraints upon the alienation of property. Generally speaking, these statutes may be grouped into two classes: those designed to abandon previous statutory modifications of the common law rule against perpetuities and return to the common law rule; and those designed to modify the common law rule or alter existing statutory rules. With respect to the latter group, a further classification is possible between statutes which attempt a general revision of the law as to perpetuities and those which are aimed at narrow and specific problems. This comment will undertake an examination of these statutes for the purposes of determining the legislative objectives, the extent to which the statutes are likely to attain those objectives, and, to a limited extent, the desirability of those objectives. Particular attention will be given to two statutes: the 1949 Michigan statute, designed to return to the common law rule against perpetuities with respect to interests in land and chattels real, and the 1947 Pennsylvania statute which attempts a general revision of the common law rule

STATUTORY CONSTRUCTION--EXTRA-TERRITORIAL APPLICATION OF FEDERAL STATUTES--APPLICATION OF FEDERAL TORT CLAIMS ACT TO CLAIMS ARISING IN FOREIGN AREAS LEASED TO THE UNITED STATES

Decedent, an airlines employee, was killed in a plane crash at Harmon Field, Newfoundland, a base leased to the United States by Great Britain for ninety-nine years. The plaintiff, decedent\u27s administratrix, brought suit in a district court against the United States, relying on the Federal Tort Claims Act as a waiver of federal immunity from suit. Judgment for the United States was reversed by the Court of Appeals. On certiorari to the Supreme Court, held, reversed. The claim arose in a foreign country and the FTCA specifically retains federal immunity from suit on such claims. United States v. Spelar, 338 U.S. 217, 70 S.Ct. IO (1949)

CORPORATIONS-DIVIDEND RIGHTS-ELIMINATION OF DIVIDEND ACCUMULATIONS BY DIRECT CHARTER AMENDMENT

The many recent discussions of the problem of dividend accumulations show that plausible grounds exist for reaching a conclusion in favor of either the minority preferred shareholder who wishes to retain these rights, or the majority preferred and common shareholders who, with the corporate management, desire to eliminate or circumvent them. It is not the purpose of this comment to re-open that controversy, though it may be observed that the current trend of both legislation and decision favors the interests of the latter group. Rather, this discussion assumes that the current trend is the correct view and will examine the possibilities of eliminating dividend accumulations by direct charter amendment

Building Resilience Through Strengths-Based Learning During Graduate Study Abroad: An Exploratory Study

Resilience has been identified as an essential skill for leaders (Basso, Gruendel, Key, MacBlaine, & Reynolds, 2015) and as crucial for navigating both school and life challenges (Yeager & Dweck, 2012). Research indicates that there are a variety of ways to build resilience, including in educational settings (Yeager & Dweck, 2012). Higher education institutions utilize pedagogical practices to maximize student learning and growth opportunities (Rennick, 2015). One pedagogical frame often employed is experiential education. College and university faculty have embedded experiential learning pedagogy in the curriculum to facilitate learning outside the classroom (Liang, Caton, & Hill, 2015; Jordan, Gagnon, Anderson, & Pilcher, 2018; Towers & Loyness, 2018). Additionally, experiential education principles have been integrated with study abroad curriculum to support student learning (Harper, 2018; Pipitone and Raghaven, 2017; Pipitone, 2018). Educators are interested in learning more about the potential effect of strengths-based initiatives in higher education (Soria & Stubblefield, 2015a). While scholars have reported on the benefits of utilizing a strengths-based curriculum for personal development (Passerilli, Hall, & Anderson, 2010), much work is still needed to explore the potential outcomes of strengths-based education on resilience development. This research sought to address the gap in the literature using a short-term graduate study abroad program embedded with experiential education practices to examine how the pedagogy design contributed to students’ perceived growth in resilience. The strengths-based curricular design included approximately sixty hours of strengths-based instruction prior to the trip and fourteen days of applying the common strengths language to enhance learning experiences and mitigate challenges