3,116 research outputs found

    Adopted Statements in the Digital Age: Hearsay Responses to Social Media Likes

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    Social media users collectively register billions of likes each and every day to the endless flow of content posted on social networking websites. What an individual user actually intends by the quick click of the like button may vary widely. Perhaps she is conveying acknowledgement but not agreement. Maybe he is expressing support but not acceptance. Within the social media context, short-form clicks register the same response. Yet they may be intended to convey sorrow, joy, support, agreement, acknowledgement, humor, or a multitude of other emotions. What a user actually intends by social media likes depends entirely on the person and the post. In the evidentiary context of hearsay, however, the intent a user may be held to have manifested by liking online content has significant legal consequences. This Article addresses the nuanced question of applying social media likes to traditional rules governing the manifestation of adoptive statements in the hearsay context. It focuses on whether a like is a tacit adoption of the post itself or a far more casual and less concrete response that fails to manifest adoptive intent without more. Should a statement that would otherwise be excluded as the hearsay statement of a third party nonetheless be admitted as the statement of the individual who merely liked the comment? Does a single click manifest a belief in the truth of the online content? Or is a like merely an acknowledgement - the online equivalent of a shrug and nod - without more? How does a court discern this question when faced with the offer? This Article endeavors to answer these questions while offering courts and practitioners alike a functional analysis for determining whether social media likes may be deemed adoptive statements under traditional hearsay orthodoxy

    How London and its Conflicts Changed Shape: 1758-1832

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    http://deepblue.lib.umich.edu/bitstream/2027.42/51042/1/270.pd

    North Carolina\u27s Reincarnated Joint Tenancy: Oh Intent, Where Art Thou

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    A mother, her daughter, and her son-in-law received title to a North Carolina home as joint tenants with right of survivorship. Little did the mother know that she was almost instantly destroying the newborn joint tenancy when, in order to finance the purchase price, she alone executed a mortgage note and deed of trust at the closing. When she died several years later with that mortgage loan in default, a legal dispute arose centered on whether severance of the joint tenancy had occurred. Following traditional joint tenancy law theory, the Court of Appeals decided somewhat reluctantly that the joint tenancy was indeed severed at the very closing during which it was successfully created; for by executing the deed of trust, the mother had conveyed title according to North Carolina\u27s title theory of mortgage law. Under a common law four unities analysis, her execution of the deed of trust unilaterally destroyed the unity of title required for a joint tenancy and automatically converted it into a tenancy in common. Contrary to what was most likely intended as part of an informal family estate and eldercare plan, her fifty percent undivided interest in the home remained in her estate at her death and did not pass by survivorship to her daughter and son-in-law.\u27 This article addresses key real property and public policy issues triggered by the 1990 legislative reincarnation of the joint tenancy with right of survivorship in North Carolina with a special emphasis on creation and severance issues. It also focuses on piecemeal statutory amendments and revisions to North Carolina joint tenancy law since 1990. The authors\u27 analysis leads to the following conclusions: First, because joint tenancy creation is now intent-based, not unities-based, joint tenancy termination should likewise be intent-based, not unities-destruction-based. Second, unilateral stealth severances of joint tenancies are contrary to public policy, unless accompanied by effective prior notice to the other joint tenant or tenants. Third, North Carolina General Statute section 41-2 requires substantial and comprehensive revision to further clarify the contemporary law of joint tenancy in North Carolina. Fourth, substantial improvement in the law\u27s transparency is required in the legislative process if all interested parties, including consumers, are to have a meaningful opportunity to provide input when important real property laws are added, revised, or deleted from the General Statutes

    British Contentious Gatherings of 1828

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    http://deepblue.lib.umich.edu/bitstream/2027.42/50946/1/171.pd

    Equation of Motion for a Spin Vortex and Geometric Force

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    The Hamiltonian equation of motion is studied for a vortex occuring in 2-dimensional Heisenberg ferromagnet of anisotropic type by starting with the effective action for the spin field formulated by the Bloch (or spin) coherent state. The resultant equation shows the existence of a geometric force that is analogous to the so-called Magnus force in superfluid. This specific force plays a significant role for a quantum dynamics for a single vortex, e.g, the determination of the bound state of the vortex trapped by a pinning force arising from the interaction of the vortex with an impurity.Comment: 13 pages, plain te
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