418 research outputs found

    CONSTITUTIONAL LAW - DISCRIMINATORY STATE GAME LEGISLATION - CONSTITUTIONALITY AS TO NON-RESIDENT LANDOWNER

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    A non-resident landowner and his assignee brought an action to enjoin enforcement of a Louisiana statute which denied them the right to secure licenses to trap furbearing animals or alligators on the former\u27s land until they had resided in the state for not less than one year. Held, the statute, discriminating as it did against landowners purely on the basis of non-residence, was unconstitutional as a deprivation of property and a denial of equal protection of the law. Pavel v. Patterson, (D. C. La. 1938) 24F. Supp. 915

    NEGLIGENCE - CONTRIBUTORY NEGLIGENCE OF CHILDREN

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    In an action for damages for injuries sustained by a boy six years and seven months of age through the alleged negligence of defendant, held, the court would not rule as a matter of law that a child of this age could not be contributorily negligent; it would leave the question of plaintiff\u27s contributory negligence to the jury with instructions that a child can only be held to that degree of care which could reasonably be expected from a child of his own age, ability, and understanding under like circumstances. A vigorous dissent upheld the common-law rule that, as a matter of law, a child under seven is conclusively presumed to be incapable of contributory negligence. Tyler v. Weed, 285 Mich. 460, 280 N. W. 827 (1938)

    DEEDS - FUTURE INTERESTS - RIGHT OF MURDERER TO ACQUIRE PROPERTY BY OPERATION OF CONDITION SUBSEQUENT THAT PROPERTY SHALL REVERT ON GRANTEE\u27S DEATH

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    Grantor, who had been adjudged insane, conveyed a farm to grantee on condition that the farm would revert to grantor should grantee predecease him. Grantee was killed under circumstances tending to show that he was killed by grantor, who was insane at the time of the death of the grantee. Held, title to the land, under the deed, reverted to grantor upon grantee\u27s death, in spite of the general rule in Missouri that a murderer cannot inherit realty from his victim. Eisenhardt v. Siegel, (Mo. 1938) 119 S. W. (2d) 810

    BANKRUPTCY -TRUSTEE\u27S LIABILITY - EFFECT OF REQUIREMENT OF DEPOSIT IN DESIGNATED DEPOSITARY ON TRUSTEE\u27S COMMON LAW DUTY OF DUE CARE

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    In a suit to charge a trustee in bankruptcy for the loss of funds of the bankrupt estate caused by insolvency of the depositary bank, the trustee contended that as he had fulfilled the requirement of section 61 of the Bankruptcy Act by depositing the funds of the estate in a designated depositary, he could not be charged with liability for any loss occurring thereafter; he argued that section 61 repealed, by implication, the trustee\u27s common-law duty of due care in the handling of estate funds after they were deposited in a designated depositary. Held, the fact that the freedom of choice of the fiduciary is limited by statute does not relieve him of the duty of exercising due care within the field left to his discretion, and he is liable if his negligence caused the loss. United States ex rel. Willoughby v. Howard, 302 U. S. 445, 58 S. Ct. 309 (1937)

    PROHIBITION - IS THE WRIT OF PROHIBITION A PREROGATIVE WRIT?

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    The writ of prohibition originally issued from the king\u27s temporal courts to the ecclesiastical courts to prevent any usurpation of jurisdiction of the king\u27s courts by the spiritual courts. Prohibition has been classed as one of the prerogative writs, that is, a writ issued by the extraordinary power of the sovereign to interfere with private rights in order to preserve the prerogatives and franchises of the state. The writ of prohibition differed historically from the other prerogative writs in that its issuance was not discretionary with the court, but rather it was held to issue as a matter of right where lack of jurisdiction in the inferior court was apparent on the face of the proceedings. The purposes of prohibition as presented by the early cases,--viz., to maintain the king\u27s rights and to secure an orderly administration of justice according to the rules established by the king, --emphasize the prerogative nature of the writ. It was considered to be to the king\u27s interest to prevent jurisdictional usurpations from becoming precedents for a constant exercise of superior jurisdiction by inferior courts, with resultant strengthening of power and income of the spiritual courts at the expense of the temporal courts

    BANKRUPTCY-CORPORATE REORGANIZATION - FRATERNAL BENEFIT SOCIETY ENTITLED TO BENEFITS OF SECTION 77B

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    Plaintiff\u27s right to petition for reorganization under section 77 B of the Bankruptcy Act was challenged on the ground that plaintiff was an insurance corporation within the meaning of section 4 of the Bankruptcy Act and therefore excepted from the benefits of the act. Held, that when Congress used the words insurance corporation in the Bankruptcy Act, it meant a corporation authorized by the law of its creation to do an insurance business. As Congress knew that the various States had authorized the formation of fraternal benefit societies, described as such in enabling statutes, when Congress passed this statute without defining the characteristics of insurance corporations, it recognized the various definitions thereof in the statutes of the several states as to what constitutes an insurance corporation. Under the Florida law, petitioner was not an insurance corporation, but a fraternal benefit society, and therefore not excluded from benefits of the act. Grand Lodge, Knights of Pythias of North America v. McKee, (C. C. A. 5th, 1938) 95 F. (2d) 474

    Institutional barriers to climate change adaptation in decentralised governance structures: Transport planning in England

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    ArticleCopyright © Urban Studies Journal Limited 2014This is the author's post print version of the article.. The final version is available from the publisher via the DOI in this record.Climate change poses governance challenges at diverse scales and across the dimensions of risk and responsibility. Local governments are central to the delivery of action on both decarbonisation and adapting to the risks of climate change. Yet there are likely to be significant differences across local governments in terms of their capacity to act on climate change. This research documents and explains differences in the capacity to act within response spaces to risks to transport infrastructure and systems. We examine 80 Transport Plans across local governments in England, specifically their efforts to incorporate climate change adaptation. Data are generated from content analysis of the 80 documents and key informant interviews in a sample of 15% of authorities. The results show significant disparities across authorities. We explain differential outcomes as dependent on internal coordination, local prioritisation processes and political opposition. The results highlight that there are significant governance barriers associated with differential response capacity in the face of climate change risks.European Union FP7-funded BASE projectNERCClimate Change and Sustainable Futures studentship (University of Exeter

    Towards an understanding of when non-climate frames can generate public support for climate change policy

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    There is a growing tendency for policy makers to frame climate change action in terms of non-climate benefits, raising important empirical questions regarding the utility of such approaches. Across three studies we explore whether (and when) non-climate frames can lead to greater support for climate policy relative to climate frames. In Study 1 we framed a car-use reduction policy in relation to climate change or public health and showed that non-climate frames can stimulate greater support for climate policy. Study 2 explored frame relevance as a potential boundary condition to the efficacy of non-climate frames. Study 3 found that attempts to frame climate policy in relation to non-climate issues that affect participants personally can fail if that issue is not seen as being sufficiently relevant. We suggest that non-climate frames can be an effective tool in stimulating support for climate policy, however greater consideration of the key mechanisms is required. </jats:p

    Community benefits or community bribes?:An experimental analysis of strategies for managing community perceptions of bribery surrounding the siting of renewable energy projects

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    The provision of financial incentives to local communities by energy developers has attracted cynicism across many localities, with some suggesting such community benefits are akin to “bribery.” The current study used an experimental design embedded within a community postal survey to explore whether potentially damaging effects of bribery rhetoric upon local support for a wind farm can be overcome through (a) portraying community benefits as a policy requirement (rather than a discretionary gesture by developers), and/or (b) the deployment of different discursive strategies by developers to manage their stake in the outcome of the project. Participants told about community benefits as being a policy requirement showed significantly higher support for the wind farm, an effect that was mediated by heightened perceptions of individually and collectively favorable outcomes from the development. We discuss our results in relation to their implications for government policy approaches to promoting renewable energy supply. </jats:p
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