5,724 research outputs found

    Perpetuities: Cy Pres on the March

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    The standard doctrine has been that where an interest may vest too remotely the entire interest is stricken down; and this destructiveness is multiplied by the all-or-nothing rule of Leake v. Robinson which declares that the invalidity of a gift to any member of a class invalidates the gifts of all other members. It is the thesis of this paper that the penalty for violation of the Rule--a penalty inflicted, not on the violator, but on his or her intended beneficiaries, usually minors or unborns--should be, not the invalidation of the future interest, but rather a tailoring of the interest on the principle of cy pres or approximation so that the general intention of the settlor or testator is carried out so far as possible within the limits of the Rule. Furthermore, I believe it is demonstrable that this thesis is gaining acceptance in the courts and the legislatures to the point where the time may be approaching when the enormous destructiveness of the Rule Against Perpetuities will be a thing of the past

    Simes & Taylor: The Improvement of Conveyancing by Legislation

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    A Review of The Improvement of Conveyancing by Legislation. By Lewis M. Simes and Clarence B. Taylor

    Perpetuities Legislation: Hail Pennsylvania

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    A "fair sampling" perspective on an apparent violation of duality

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    In the event in which a quantum mechanical particle can pass from an initial state to a final state along two possible paths, the duality principle states that "the simultaneous observation of wave and particle behavior is prohibited". [M. O. Scully, B.-G. Englert, and H. Walther. Nature, 351:111-116, 1991.] emphasized the importance of additional degrees of freedom in the context of complementarity. In this paper, we show how the consequences of duality change when allowing for biased sampling, that is, postselected measurements on specific degrees of freedom of the environment of the two-path state. Our work contributes to the explanation of previous experimental apparent violations of duality [R. Menzel, D. Puhlmann, A. Heuer, and W. P. Schleich. Proc. Natl. Acad. Sci., 109(24):9314-9319, 2012.] and opens up the way for novel experimental tests of duality.Comment: 10 pages, 8 figure

    Spacecraft radiators for advanced mission requirements

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    Design requirements for spacecraft heat rejection systems are identified, and their impact on the construction of conventional pumped fluid and hybrid heat pipe/pumped fluid radiators is evaluated. Heat rejection systems to improve the performance or reduce the cost of the spacecraft are proposed. Heat rejection requirements which are large compared to those of existing systems and mission durations which are relatively long, are discussed

    ‘We kind of try to merge our own experience with the objectivity of the criteria’: The role of connoisseurship and tacit practice in undergraduate fine art assessment

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    This article explores connoisseurship in the context of fine art undergraduate assessment practice. I interviewed twelve fine art lecturers in order to explore and unpack the concept of connoisseurship in relation to subjectivity, objectivity and tacit practice. Building on the work of Bourdieu (1973, 1977, 1986) and Shay (2003, 2005), both of whom problematize the view that subjectivity and objectivity are binary opposites, my research illustrates the ways that connoisseurship is underpinned by informed professional judgements located in communities of practice. Within this particular conception of connoisseurship, the lecturers’ expertise is co-constituted in communities of assessors through participation and engagement. Standards reside in communities of practice
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