My Tree Versus Your Solar Collector or Your Well Versus My Septic System? -- Exploring Responses to Beneficial but Conflicting Neighboring Uses of Land

When one neighbor wants to use his land for a lawful purpose, but the neighbor next door wants to do the same so that their beneficial uses conflict, how might these conflicts be resolved? The conventional law of nuisance offers either a rationale based on fault or a general standard of what is “reasonable,” both of which require litigation to apply to a particular context. This Article suggests that resolving conflicts between neighboring beneficial uses of land would be aided by guidelines which might be grounded in some understandable norms to provide such neighbors with a sense that rough justice is being served. Two such norms appear helpful: priority in time and examining which of the two beneficial uses appears to be the more intrusive of the neighboring land. The hope is that such guidelines might facilitate resolution where hard feelings or litigation might otherwise result

Utilization of Forage Plants and Diet of Sheep on Utah Winter Range

Although there is an abundance of material available concerning forage consumption by livestock on pasture land and in the feed lot, there is relatively little known about the grazing habits and forage preferences of livestock under range conditions. There has been still less scientific effort expended toward solving the riddle of the grazing animal\u27s diet under winter range conditions. Investigators have suggested means to determine the quantity of forage available on range areas, the carrying capacities of range lands, and methods of determining the degree to which forage has been utilized. The diet of the foraging animal is affected by the quantity of forage available, and the capacity of range lands to support grazing and the degree to which various species are utilized are directly dependent upon the diet, yet virtually nothing is known about the actual compositions of this diet as selected by the animal on the range. There is need for additional scientific information concerning choice of species by the foraging animal and the factors which affect this selection. Basic information of this nature must be known before scientific range management can be applied. Sheep are known to prefer certain plants, and likewise certain portions of these plants. In addition weather, stage of maturity, intensity of use, and plant associations all affect the sheep\u27s diet, and make interpretations and calculations still more complex. This study was designed to determine on the winter range the quantity of forage available to grazing animals, these species composition of the animal\u27s diet, and to evaluate, where possible, factors affecting the diet

The Real Estate Broker\u27s Statute in Washington

Shortly after its passage the validity of the statute was sustained against a constitutional attack on the ground of class legislation and the interference with the right of contract. In the case of sales of real property, only contracts between an agent or broker and an owner are covered by the statute. An owner includes one whose title is only equitable or a broker who is also an owner, but excludes one who merely has an option to buy land. The statute has been construed to cover only contracts to pay a commission. The test of what constitutes a commission seems to be not the nature or manner of payment but whether the services for which the payment is made are such as to be within the category of brokerage contracts. The statute, of course, applies to selling, purchasing, and exchanges of real estate

CHARACTER AND FITNESS FOR LEADERSHIP: LEARNING INTERPERSONAL SKILLS

CHARACTER AND FITNESS FOR LEADERSHIP: LEARNING INTERPERSONAL SKILL

Designing a Positive Psychology Course for Lawyers

Legal education is slowly beginning to include not only education in critical thinking and legal knowledge, but also education in complementary qualities of personal conduct and early professional formation. Positive psychology, with its emphasis on the evidence-based study of how people can thrive, not just be treated for mental illness or emotional difficulty, can aid these additional educational objectives. This Article examines some of the ongoing pedagogical choices involved in creating a law school course on positive psychology oriented around experiential student learning. Highlighted are a few key insights from the field, including resilience, character strengths, positive values, and enhanced relationships with other people. While only an introduction, this course is designed to help law students become sufficiently grounded in these insights and others from positive psychology to continue their education after law school. Because the course is experimental, the hope is that it will lay the foundation for initiatives by other law professors to make the application of positive psychology more broadly available to law students in general

The Psychological Correlates of Asymmetric Cerebral Activation

This study examined the psychological correlates of asymmetric cerebral activation as measured by electroencephalograph (EEG) recordings. Five content areas were investigated in the context of EEG asymmetry: hierarchical visual processing, creative potential, mood, personality, and EEG asymmetry, and the effect of a mood induction procedure on cognition and EEG asymmetry. Undergraduate participants completed two experimental sessions separated by two to three weeks. Participants completed a comprehensive set of emotion, personality, and creative potential measures, a cognitive task assessing individual differences in hierarchical visual processing. and a short form of the Rorschach inkblot test. Additionally. each participant underwent either a happy or a sad mood induction procedure to examine the effects of mood on verbal and spatial fluency tasks and EEG asymmetry. EEG was measured in frontal, central. and parietal locations. The primary findings regarding the psychometrics of EEG asymmetry suggested that a large proportion of participants show relatively stable EEG asymmetry across two to three weeks. The results failed to replicate previous research suggesting a relationship between hierarchical visual analysis and mood using a Global-Local task. The results also failed to support the hypothesis that the Rorschach could be used as a measure of hierarchical visual analysis. However, Minor Detail location responses on the Rorschach correlated positively with negative affect and negatively with positive affect. Regarding creativity, the Rorschach was found to be a viable means of assessing individual differences in primary process cognition using the Regressive Imagery Dictionary (Martindale, 1975). Additionally, the results partially supported Martindale\u27s (1 999) hypothesis that creative people show greater right-hemisphere activation. No support was found for the hypothesized relationships between frontal activation asymmetry and mood or personality. Regarding the effect of mood on verbal and spatial fluency, no support was found for the hypothesis that happy moods increase verbal fluency and decrease spatial fluency or that sad moods increase spatial tluency and decrease verbal fluency. Happy and sad mood also did not have a significant effect on EEG asymmetry in the predicted directions. The results are discussed in terms of the status of recent research on EEG asymmetry and its relation to cognition, creativity, emotion and personality