126 research outputs found

    The Growing-Up Stick (A Book Review for Washington Lawyers). \u3ci\u3eMiniumum Standards of Judicial Administration\u3c/i\u3e, edited by Arthur T. Vanderbilt (1949)

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    The book at hand goes a considerable way to fill this need for a set of standards, although the editor, Hon. Arthur T. Vanderbilt, Chief Justice of the Supreme Court of New Jersey, and a former eminent President of the American Bar Association, vigorously emphasizes the fact that these are the minimum standards needed in a practical way to make our court procedure work in the twentieth century. These standards have the firm support of the American Bar Association and the National Conference of Judicial Councils. In the introduction to the volume Judge Vanderbilt tells how and why these standards were developed

    Book Review: \u3cem\u3eThe Goldmark Case\u3c/em\u3e by William L. Dwyer

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    The book is about a libel case tried to a jury in the Superior Court for Okanogan County, Washington. You will not find it in the law reports, for it was not appealed. It ended twenty-one years ago, so it is an old case. Yet in the author\u27s mind it is as fresh as the dawn breeze; and, as the wine people say, it has cellared well. The author is a good man and good lawyer who was lead counsel for the plaintiff. He takes us through the background facts and through the fascinating detail of the many tough decisions that daily went into the preparation and the trial. He tells us of the jury verdict for the plaintiff and of the elation that accompanied it; and then he relates the strange irony that resulted in the verdict\u27s having to be set aside

    Criminal Law—Perjury—Depositions—Suggested Legislation

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    By an amended information, in a recent Washington case, respondent was charged with the crime of perjury in the first degree, the information alleging that respondent came before a notary public for the purpose of giving his deposition which was to be used in a pending civil case, that he was sworn according to law to tell the truth, and that he thereupon testified falsely with the intent that his testimony as written in the deposition be used in that civil case. It affirmatively appeared, both from the allegations of the original information and from the state\u27s admission in open court, that the deposition was never subscribed by respondent. The superior court sustained respondent\u27s demurrer and dismissed the prosecution. Upon the state\u27s appeal, it was held that the demurrer had been properly sustained

    J. Gordon Gose

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    The Doctrine of Constructive Fraud in the Washington Law of Taxation

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    Two recent Washington decisions, Bellingham Development Co. v. Whatcom County and Grays Harbor Pac. R. Co. v. Grays Harbor County present separate phases of a problem which has been frequently considered by the Supreme Court of Washington and concerning which that court has formulated a general rule: namely, that the court will relieve a taxpayer from the burden of an excessive tax where the conduct of the taxing officers has been so improper that it can be called constructively fraudulent , even though the officers acted in good faith. The rule is clearly a proper one, but, like so many general rules , the application of it to a concrete case presents many difficulties, and it is hoped that here some light may be thrown on the characteristics of that will o\u27 the wisp, constructive fraud, so that its presence, or absence, in future cases can be more nearly ascertained. At the outset it must be noted that it is beyond the scope of this comment to attempt a discussion of the remedies available to a taxpayer who has been the victim of improper conduct on the part of the taxing officers, nor does this comment purport to exhaust the field of situations in which the taxpayer has a remedy, because the constructive fraud cases form only a segment of the cases in which the court will grant relief from the effects of improper conduct of the taxing officers

    Jurisdiction Over Lands Ownedy by the United States Within the State of Washington: Part I, The Subject in General

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    Among the unique characteristics of our federal system of government is the concept of the dual sovereignty of the national and state governments over land, things, and persons located within the boundaries of the states. In addition to its position and rights as ultimate sovereign over all territory within its borders, the United States is also a corporate body politic and as such can make contracts, and can hold property, both real and personal. Under this power to own property in its own right the United States has become a great landed proprietor, owning many tracts of land within the exterior boundaries of the states, and it is this fact which gives rise to the problems of jurisdiction and control with which this paper is concerned

    Book Review: \u3cem\u3eThe Goldmark Case\u3c/em\u3e by William L. Dwyer

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    The book is about a libel case tried to a jury in the Superior Court for Okanogan County, Washington. You will not find it in the law reports, for it was not appealed. It ended twenty-one years ago, so it is an old case. Yet in the author\u27s mind it is as fresh as the dawn breeze; and, as the wine people say, it has cellared well. The author is a good man and good lawyer who was lead counsel for the plaintiff. He takes us through the background facts and through the fascinating detail of the many tough decisions that daily went into the preparation and the trial. He tells us of the jury verdict for the plaintiff and of the elation that accompanied it; and then he relates the strange irony that resulted in the verdict\u27s having to be set aside

    Preface

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    Machine-learning of atomic-scale properties based on physical principles

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    We briefly summarize the kernel regression approach, as used recently in materials modelling, to fitting functions, particularly potential energy surfaces, and highlight how the linear algebra framework can be used to both predict and train from linear functionals of the potential energy, such as the total energy and atomic forces. We then give a detailed account of the Smooth Overlap of Atomic Positions (SOAP) representation and kernel, showing how it arises from an abstract representation of smooth atomic densities, and how it is related to several popular density-based representations of atomic structure. We also discuss recent generalisations that allow fine control of correlations between different atomic species, prediction and fitting of tensorial properties, and also how to construct structural kernels---applicable to comparing entire molecules or periodic systems---that go beyond an additive combination of local environments

    Academic boredom among students in higher education: a mixed-methods exploration of characteristics, contributors and consequences

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    Academic boredom contributes usually adversely towards student engagement, learning and overall performance across a diverse range of settings including universities. The formal study of academic boredom in higher education remains, however, a relatively underdeveloped field and one surprisingly neglected in the UK. Adopting contemporary perspectives rooted in Control-Value Theory, details of a mixed-methods exploration of academic boredom among 235 final year undergraduates attending a single university in England are presented. Quantitative data from the principal survey instrument employed included measurement using the BPS-UKHE, a revised boredom proneness scale developed for use across the sector. Qualitative data arose primarily from ten research interviews. Findings indicate that about half of all respondents reported experiencing the most common precursors of academic boredom at least occasionally (e.g. monotony, repetition, time slowing down, lack of desire for challenge, loss of concentration and motivation to learn, restlessness); traditional lectures with a perceived excess and inappropriate use of PowerPoint stimulating the actual onset of boredom more than other interactive forms of delivery. Coping strategies when bored included daydreaming, texting and turning to social media. Boredom also occurred during the completion of assignments used to assess modules. Quantitative and qualitative differences between those identified as more prone to boredom than others extended to self-study (fewer hours), attendance (good rather than excellent) and final degree outcome (lower marks and a lower proportion of first and upper second class degree awards). Findings are considered valuable empirically, as well as theoretically, leading to recommendations surrounding boredom mitigation which challenge cultural traditions and pedagogical norms
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