1,045 research outputs found

    INSURANCE-DEATH OF INSURED RESULTING FROM CRIMINAL ABORTION- RIGHT OF BENEFICIARY

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    Insured died as the result of a criminal abortion to which she had voluntarily submitted. The policies issued on her life contained a provision to the effect that no benefits should be payable or recoverable should the insured die as a result of a violation of law. The insurer resisted the action brought by the named beneficiary on the policy on two grounds: (a) The insured\u27s death was caused by her violation of law; (b) Although the stated terms of the policy be held not to exclude the risk of death thus caused, it would be contrary to public policy to allow recovery. Held, for plaintiff. Under Louisiana law a woman who solicits and submits to an illegal operation is guilty of no crime, hence the policy covers death resulting from such an operation. Moreover, public policy does not stand in the way of enforcing such a contract when the beneficiary is an innocent third party with vested rights. Payne v. Louisiana Industrial Life Insurance Co., (La. 1948) 33 S. (2d) 444

    EXECUTORS AND ADMINISTRATORS-POWERS OF EXECUTOR PRIOR TO THE GRANT OF LETTERS TESTAMENTARY

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    Testator\u27s will was probated solely for the purpose of passing title to the real estate involved. There was no request for letters testamentary by those named executors in the will, it being alleged that there was no personal estate necessitating administration. Six days prior to the expiration of the statutory period for commencing such an action, plaintiffs, creditors, started a suit against the persons named as executors for the purpose of extending the lien of their debt against the land in the estate. The defendants appeared specially to question the propriety of the action against them. On appeal from the lower court\u27s order requiring them to answer the suit, held, affirmed. Defendants are executors for purposes of this suit, and must either answer the complaint or renounce their right to take out letters testamentary. Cavanaugh v. Dore, 358 Pa. 183, 56 A. (2d) 92 (1948)

    ASSOCIATIONS-TITLE TO LAND CONVEYED TO CHURCH AFTER EXPIRATION OF CHARTER

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    The X Church was incorporated by special charter for a period of fourteen years from 1814. Subsequent charters extended its corporate existence until 1871, since which time, though the members have remained associated under the same name, there has been no attempt to re-incorporate. In 1922, land was conveyed to X Church, its successors and assigns. Defendant contracted with the chairman and the warden of the Church to buy the land described in the deed of 1922. Subsequently, plaintiff, who had been elected minister of the Church in 1945, was authorized to execute and deliver the necessary deed of the land to defendant by a resolution unanimously adopted at a meeting of the members of the Church at which a quorum was present. Defendant declined to accept the proffered deed. due to the uncertainty of the title and power of plaintiff to execute a valid conveyance of the land. Plaintiff petitioned for a declaratory judgment. Held, the deed offered is sufficient. The conveyance of 1922 vested title in the members of the Church as such, and the present members will be bound by a deed executed by plaintiff as their duly appointed agent. Jeffery v. Ehrhardt, (S.C. 1947) 43 S.E. (2d) 483

    CONSTITUTIONAL LAW-STATE TAXATION OF INTERSTATE COMMERCE -VALIDITY OF APPORTIONED CAPITAL TAX ON CORPORATION ENGAGED SOLELY IN INTERSTATE COMMERCE

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    Plaintiff gas company, a Delaware corporation, transported gas by pipe line across a section of Mississippi. Its activities in Mississippi admittedly did not constitute intrastate commerce and plaintiff had no agent for service of process in that state. Mississippi imposed a franchise or excise tax on all· corporations present in the state, measured by applying a specified rate against the value of the capital employed within its boundaries. This tax was in addition to, and independent of, the locally imposed ad valorem taxes levied against plaintiff\u27s property. Alleging the franchise tax to be invalid under the commerce clause of the Federal Constitution, plaintiff filed its petition for review before the State Tax Commission of Mississippi. In subsequent appellate proceedings, the Supreme Court of Mississippi held that the challenged levy was not a tax on the privilege of engaging in interstate commerce, but that it was valid recompense to the state for the protection afforded plaintiff\u27s local installations. On writ of certiorari, held, affirmed. Justice Reed, writing for the majority, found the tax to be not upon commerce but upon a taxable local event which could not be made the subject of cumulative levies by other states. Justice Rutledge concurred specially and Justice Black concurred in the judgment. Justice Frankfurter was joined in dissent by Chief Justice Vinson and by Justices Jackson and Burton. Memphis Natural Gas Co. v. Stone, 335 U.S. 80, 68 S.Ct. 1475 (1948)

    The role of social networks in students’ learning experiences

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    The aim of this research is to investigate the role of social networks in computer science education. The Internet shows great potential for enhancing collaboration between people and the role of social software has become increasingly relevant in recent years. This research focuses on analyzing the role that social networks play in students’ learning experiences. The construction of students’ social networks, the evolution of these networks, and their effects on the students’ learning experience in a university environment are examined

    An optimised saliva collection method to produce high-yield, high-quality RNA for translational research

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    Saliva represents an ideal matrix for diagnostic biomarker development as it is readily available and requires no invasive collection procedures. However, salivary RNA is labile and rapidly degrades. Previous attempts to isolate RNA from saliva have yielded poor quality and low concentrations. Here we compare collection and processing methods and propose an approach for future studies. The effects of RNA stabilisers, storage temperatures, length of storage and fasting windows were investigated on pooled saliva samples from healthy volunteers. Isolated RNA was assessed for concentration and quality. Bacterial growth was investigated through RT-PCR using bacterial and human primers. Optimal conditions were implemented and quality controlled in a clinical setting. The addition of RNAlater increased mean RNA yield from 4912 ng/μl to 15,473 ng and RNA Integrity Number (RIN) from 4.5 to 7.0. No significant changes to RNA yield were observed for storage at room temperature beyond 1 day or at -80 °C. Bacterial growth did not occur in samples stored at ambient temperature for up to a week. There was a trend towards higher RNA concentration when saliva was collected after overnight fasting but no effect on RIN. In the clinic, RNA yields of 6307 ng and RINs of 3.9 were achieved, improving on previous reports. The method we describe here is a robust, clinically feasible saliva collection method using preservative that gives high concentrations and improved RINs compared to saliva collected without preservative

    Interacting mindreaders

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    Could interacting mindreaders be in a position to know things which they would be unable to know if they were manifestly passive observers? This paper argues that they could. Mindreading is sometimes reciprocal: the mindreader's target reciprocates by taking the mindreader as a target for mindreading. The paper explains how such reciprocity can significantly narrow the range of possible interpretations of behaviour where mindreaders are, or appear to be, in a position to interact. A consequence is that revisions and extensions are needed to standard theories of the evidential basis of mindreading. The view also has consequences for understanding how abilities to interact combined with comparatively simple forms of mindreading may explain the emergence, in evolution or development, of sophisticated forms of social cognition

    E-government adoption: A cultural comparison

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    This is the author's accepted manuscript. The final published article is available from the link below. Copyright @ Springer Science + Business Media, LLC 2008.E-government diffusion is an international phenomenon. This study compares e-government adoption in the U.K. to adoption in the U.S. In particular, this study seeks to determine if the same factors are salient in both countries. Several studies have explored citizen acceptance of e-government services in the U.S. However, few studies have explored this phenomenon in the U.K. To identify the similarities and differences between the U.K. and the U.S. a survey is conducted in the U.K. and the findings are compared to the literature that investigates diffusion in the U.S. This study proposes a model of e-government adoption in the U.K. based on salient factors in the U.S. A survey is administered to 260 citizens in London to assess the importance of relative advantage, trust and the digital divide on intention to use e-government. The results of binary logistic regression indicate that there are cultural differences in e-government adoption in the U.K. and the U.S. The results indicate that of the prevailing adoption constructs, relative advantage and trust are pertinent in both the U.S. and the U.K., while ICT adoption barriers such as access and skill may vary by culture. Implications for research and practice are discussed

    Youth transitions as ‘wiki-transitions’ in youth policies platforms

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    The version of a journal article that has been accepted for publication in a journal. This is an Accepted Manuscript of an article published by Taylor & Francis in European Societies on 22/11/2019 available online: http://www.tandfonline.com/10.1080/14616696.2019.1690158.In recent years, a number of youth-focused online platforms have emerged which, in different ways, seek to support young people across Europe in building pathways to independent adulthood. In this article, we draw on data from Edgeryders, a recent youth policy research project, to reflect on the extent to which online discussion platforms are useful instruments for understanding the challenges youth face in their transitions to independent adulthood across Europe. Noting the collaborative emphasis articulated by both the project designers and participants, we ask how we might make sense of the data – and the meanings conveyed by that data – produced by online projects. We propose the notion of ‘wiki-transitions’ as a means of theorising young people’s use of online space to support their transitions to adulthood
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