3,070 research outputs found
A phylogenomic perspective on the radiation of ray-finned fishes based upon targeted sequencing of ultraconserved elements
Ray-finned fishes constitute the dominant radiation of vertebrates with over
30,000 species. Although molecular phylogenetics has begun to disentangle major
evolutionary relationships within this vast section of the Tree of Life, there
is no widely available approach for efficiently collecting phylogenomic data
within fishes, leaving much of the enormous potential of massively parallel
sequencing technologies for resolving major radiations in ray-finned fishes
unrealized. Here, we provide a genomic perspective on longstanding questions
regarding the diversification of major groups of ray-finned fishes through
targeted enrichment of ultraconserved nuclear DNA elements (UCEs) and their
flanking sequence. Our workflow efficiently and economically generates data
sets that are orders of magnitude larger than those produced by traditional
approaches and is well-suited to working with museum specimens. Analysis of the
UCE data set recovers a well-supported phylogeny at both shallow and deep
time-scales that supports a monophyletic relationship between Amia and
Lepisosteus (Holostei) and reveals elopomorphs and then osteoglossomorphs to be
the earliest diverging teleost lineages. Divergence time estimation based upon
14 fossil calibrations reveals that crown teleosts appeared ~270 Ma at the end
of the Permian and that elopomorphs, osteoglossomorphs, ostarioclupeomorphs,
and euteleosts diverged from one another by 205 Ma during the Triassic. Our
approach additionally reveals that sequence capture of UCE regions and their
flanking sequence offers enormous potential for resolving phylogenetic
relationships within ray-finned fishes
Compromise Verdicts in Criminal Cases
I. Introduction
II. Jury Rationality
III. The General Verdict and What It May Show … A. Verdicts Contrary to Law … B. Verdicts Contrary to Fact
IV. Reversal of Compromise Verdicts
V. Problems in Reversal
VI. Conclusio
Damages—Loss of Earnings—Measure of Recovery and Admissibility of Evidence of Prior Earnings and Employment
Plaintiff worked continuously as a welder from 1925 through 1950 when he quit welding and went into a business from which he was never able to realize a substantial income. In 1953, plaintiff, age 49 and in good health, was permanently and totally disabled in an auto accident. In his action for damages, evidence was admitted to show the prevailing wages paid to welders in plaintiff’s community as well as plaintiff’s own earnings as a welder prior to 1951. A substantial part of these earnings was derived from employment outside of the community. On appeal, Held: admissibility of such evidence is in the sound discretion of the trial court and no abuse of discretion was shown. The precise basis upon which the court deemed this evidence to be relevant, however, is unclear. The opinion can be read as sanctioning its use by the jury for the purpose of making either one of two quite different determinations, viz., (1) in fixing the level of plaintiff’s “future earnings . . . but for the injury”; or (2) in computing the amount recoverable for “permanent impairment or loss of earning capacity.” At no point does the opinion recognize any distinction between the two determinations.
I. Measure of Recovery
II. Admissibility of Evidence of Prior Earnings and Employmen
Damages—Loss of Earnings—Measure of Recovery and Admissibility of Evidence of Prior Earnings and Employment
Plaintiff worked continuously as a welder from 1925 through 1950 when he quit welding and went into a business from which he was never able to realize a substantial income. In 1953, plaintiff, age 49 and in good health, was permanently and totally disabled in an auto accident. In his action for damages, evidence was admitted to show the prevailing wages paid to welders in plaintiff’s community as well as plaintiff’s own earnings as a welder prior to 1951. A substantial part of these earnings was derived from employment outside of the community. On appeal, Held: admissibility of such evidence is in the sound discretion of the trial court and no abuse of discretion was shown. The precise basis upon which the court deemed this evidence to be relevant, however, is unclear. The opinion can be read as sanctioning its use by the jury for the purpose of making either one of two quite different determinations, viz., (1) in fixing the level of plaintiff’s “future earnings . . . but for the injury”; or (2) in computing the amount recoverable for “permanent impairment or loss of earning capacity.” At no point does the opinion recognize any distinction between the two determinations.
I. Measure of Recovery
II. Admissibility of Evidence of Prior Earnings and Employmen
Teaching Children About Social Justice Through Picture Books
Boys can\u27t play with dolls! A girl can\u27t be a doctor! Those people look weird! He\u27s to dumb to play with us! My mommy says I can\u27t play with you! Unfortunately, phrases like this can be heard on a typical elementary school playground. As teachers, we have the difficult task of teaching about social justice and working to uproot prejudice and discrimination
Contracts—Effect of Merger Clause on Fraud by Agent
Action for purchase price of furnace which defendant had contracted to buy. Petitioner’s agent had induced defendant to enter into a contract which was subject to acceptance by the home office and which contract contained a merger clause. Buyer, in his answer, alleged fraudulent statements made by agent concerning the condition of buyer’s old furnace. On appeal Held: Plaintiff\u27s motion for judgment on the pleadings sustained in that answer did not set up a defense to the petition since defendant was precluded from repudiating the merger clause. The same court, in a decision handed down the same day, held tract by fraudulent material misrepresentations of an agent. Thus, the court, in the present case, recognized the power of the merger clause to prevent actions of rescission or defenses based on fraud of an agent
Contracts—Effect of Merger Clause on Fraud by Agent
Action for purchase price of furnace which defendant had contracted to buy. Petitioner’s agent had induced defendant to enter into a contract which was subject to acceptance by the home office and which contract contained a merger clause. Buyer, in his answer, alleged fraudulent statements made by agent concerning the condition of buyer’s old furnace. On appeal Held: Plaintiff\u27s motion for judgment on the pleadings sustained in that answer did not set up a defense to the petition since defendant was precluded from repudiating the merger clause. The same court, in a decision handed down the same day, held tract by fraudulent material misrepresentations of an agent. Thus, the court, in the present case, recognized the power of the merger clause to prevent actions of rescission or defenses based on fraud of an agent
- …