TORTS - RIGHT OF PRIVACY - NEWSREEL AS VIOLATION OF

Section 51 of the New York Civil Rights Law provides that: Any person whose name, portrait or picture is used . . . for advertising purposes or for the purposes of trade without the written consent first obtained . . . may maintain an equitable action . . . to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use . . . . Held, publication by defendant of a newsreel showing plaintiff and other stout women exercising in a gymnasium with the aid of unique and novel apparatus is not an advertising or trade use within the meaning of the statute. Sweenek v. Pathe News, Inc., (D. C. N. Y. 1936) 16 F. Supp. 746

TAXATION-PROCEEDING BEFORE UNITED STATES BOARD OF TAX APPEALS -VALIDITY OF SUBPOENA DUCES TECUM - UNREASONABLE SEARCH AND SEIZURE

In a proceeding for judicial process to compel defendant to obey a subpoena duces tecum issued by the United States Board of Tax Appeals, defendant asserted that the documents called for were irrelevant to the issue involved, and that the subpoena was a violation of the Fourth Amendment to the Federal Constitution. Held, a witness is not entitled to resist a subpoena for mere incompetency or irrelevancy. To question admissibility, the papers must be so manifestly irrelevant as to make it plain that it is a mere fishing expedition. One paragraph of the subpoena was declared invalid, as lacking specification. United States v. Union Trust Co. of Pittsburgh, (D. C. Pa. 1936) 13 F .. Supp. 286

CORPORATIONS - POWER OF ATTORNEY TO TRANSFER STOCK ON THE BOOKS OF THE CORPORATION

Although a power of attorney to transfer stock on the books of the corporation is found almost as a matter of course on the reverse side of stock certificates, along with a form for assignment of the certificate, there is surprisingly little to be found in the authorities, as to why it is there. An inquiry into the reasons, if any, for such a provision is the purpose of this discussion. A decision of last summer, by the New York Supreme Court, New York County, lends present emphasis to the query. Three certificates of stock which had been indorsed in blank by the stockholders of record were lost or stolen from the registered mail. Before mailing, the brokers, who were owners, had stamped their name on each certificate in the blank left for insertion of the name of an attorney to transfer the stock on the books of the corporation. In a suit to recover the certificates from a bona fide purchaser, Rosenman, J., held that the presence of a specified firm as attorney to transfer, prevented the certificate from being indorsed in blank within the meaning of section 162 of the Personal Property Law, so that the title did not pass by delivery, or at least that such power of attorney would put a prospective purchaser on inquiry. Here at least is a possible e:ff ect of the power of attorney to transfer. We shall refer to it later. The great mass of cases tacitly assume that this power of attorney is necessary, and will be used, and usually it is complied with as a matter of customary form, so no trouble is caused. The few cases where the question is raised usually rest content with pointing out that the articles, by-laws, or certificate provide for transfer of stock only on the books of the corporation by the registered owner thereof in person, or by his attorney, that such is a reasonable regulation, and must be complied with. There is abundant authority that a corporation may make reasonable regulation as to the mode of transfer of its stock, and where by regulation stock is made transferable only on the books in person or by attorney, the corporation may insist on compliance, at least as to being a prerequisite to transfer of the stock on the books

The Economics of Wage Discrimination of Non-whites from 1960 to 1990

White people earn more money than non-whites. This is true in most cases even if non-white people perform the same job as white people. Are there reasons for these differences? The purpose of this paper is to discover what those reasons are for the differences in wages and to attempt to discover how much of the difference is really discrimination. Any inequalities that are unexplained may be considered by the author to be discriminatory. Therefore, the hypothesis for this paper is: Income differences between whites and non-whites may be attributed in part to race discrimination. The statistical method used will be ordinary least square. This will allow the author to run a regression and observe what the correlation or relationship is between the dependent and the independent variables. The regression equation for this model will be Yt = A + B1X1 + B2X2 + B3X3+ B4X4 + B5X5 + B6X6 + εt . This is saying that the income ratio between non-whites and whites, (Y), is a function of the ratios of percentages of median education levels of non-whites and whites, Ed, (X1); the ratio of non-whites and whites who are married, Marital, (X2); the ratio of the number of non-whites and whites living in an urban area of at least 50,000 or more people, Urban, (X3); the mobility of non-whites to whites, Mob, (X4); the ratio of the unemployment rate of non-whites and whites, Unem, (X5); the ratio of the number of non-whites and whites employed in manufacturing in thousands, Ind, (X6. B1 – 6 are the partial regression coefficients for variables one through six. The final model (which included the mobility of non-whites, manufacturing, and martial statistics ratios of non-whites and whites) accounted for 55.85 percent of the income differences between the white and black races. The remaining 44.15 percent that was not accounted for may be due to discrimination. However, the remaining proportion could also be caused by the absence of other significant variables that were not used by this model or it could be caused by random factors

Reliability and engineering of thin-film photovoltaic modules

Objectives were to: examine thin-film cell attributes that influence module performance and reliability, explore the lessons and applicability of crystalline-silicon module technology to thin-film modules, review the current status of thin-film module technologies, and identify problem areas and needed research. A major need is to separate the effects and resons for reversible degradatin from nonreversible degradation. Amorphous-silicon (a-Si) reliability investigations are focusing on exploratory research investigations, accelerated Arrhenius-type testing of a-Si cells, real-time outdoor exposure testing of a-Si cells, cell failure analysis, and failure mechanism research. Studies included the reduction in strength of glass by high temperature depositions on glass and laser scribing, encapsulation materials development needs, and the testing of modules. The new materials and processes in thin-film modules will require a delinquent reliability effort, including: establishment of mechanism-specific reliability goals; quantification of mechanism parameter dependencies; prediction of expected long-term degradation; identification of cost-effective solutions; and testing and failure analysis of trial solutions

Vacuum switching experiments at California Institute of Technology

Successful experiments in switching or breaking a circuit in a high vacuum have been made at the California Institute of Technology. This paper is a report on three sets of these experiments which extended over a period of three years. The conclusions drawn from the experiments may be summed up in the statement that vacuum breakers of laboratory type have been successful in breaking circuits and offer a possible solution of the circuit-breaker problem. The results show that switching in vacuum affords the advantages of no pitting of contacts, quick break, the arc always going out on the first half cycle, small voltage rise across the switch, and small distance of travel necessary for the switch blades. Making the vacuum switch practical calls for a solution of the problem of making commercial apparatus with vacuum-tight joints, and the elimination of the use of liquid air with the vacuum pump

Summer Climatic Gradients and Vegetation near Barrow, Alaska

Reports a June-Sept 1956 study of rainfall, evaporation evapotranspiration and vegetation at four sites: Nuwuk, the old Eskimo village site on the Pt Barrow spit, a beach ridge six mi SW of Nuwuk, a site near South Barrow test well no3, about 11 mi S of the beach ridge, and Meade River 28 mi from the ocean. Another site at Inaru River was used only for vegetation studies. Simple instruments gave periodic values for the three elements. Deviations of precipitation from US Weather Bureau records are tabulated. Distinctive changes in vegetation within a few miles with increase in shrubby and decrease in grassy components accompanied a general amelioration of climate inland. Sod block evapotranspirometers, weighed at intervals, showed more than a third increase in evapotranspiration rates between the ocean and 28 mi inland.Gradients du climat et de la végétation en été, près de Barrow, Alaska. À l'extrême pointe du nord de l'Alaska, on constate une amélioration générale du climat vers l'intérieur des terres, qui s'accompagne de changements visibles de la végétation en quelques milles seulement, dont une augmentation de l'élément broussailleux et une diminution d'importance de l'élément graminacé. Des instruments très simples ont permis de recueillir des données périodiques sur la pluie, l'évaporation et l'évapotranspiration. Le pesage à intervalles réguliers d'évapotranspiromètres à motte de gazon a donné des estimations raisonnables des taux d'évapotranspiration, qui augmentent de plus du tiers entre l'océan et des lieux situés à 28 milles (45 km) à l'intérieur