COVENANTS - EFFECT OF CHANGE OF CONDITIONS ON EQUITABLE RESTRICTIONS

Plaintiff was a lot owner in a residential district consisting of twenty-three blocks. Each lot in the district was subject to a restriction, imposed by the grantor, which limited the use of the lots to residence purposes. Subsequent to the imposition of this restriction, numerous oil and gas wells had been drilled in the territory surrounding the district, so that the lots in the district had depreciated in value approximately thirty-five to fifty per cent. By ordinance, the use zoning area which included the district had been changed from a residence use to an oil and gas use. At the time of the plaintiff\u27s action, approximately half of the lot owners had manifested a desire to be relieved from the restriction, either by making oil and gas leases, or by signing circulated petitions of waiver of the restriction. In an action by the plaintiff, it was held, in a seven to two decision, that there had not been a sufficient change of condition to warrant the denial of an injunction. Southwest Petroleum Co. v. Logan, 180 Okla. 477, 71 P. (2d) 759 (1937)

NEGLIGENCE - LIABILITY OF STREET RAILWAYS FOR INJURIES TO ALIGHTING PASSENGERS - DUTY OF CAR EMPLOYEES

Plaintiff passenger, while alighting from the right side of a street car, operated by defendant street railway company in the center of a well-traveled road, was struck by an automobile traveling toward plaintiff from the front of the street car on the same side from which plaintiff was discharged. The automobile was traveling this uncommon course by reason of road repairs which created a temporary situation during which motor traffic in both directions was traveling along the half of the road on which plaintiff was alighting. Plaintiff contended, in an action brought for the injuries she sustained, that a legal duty to warn her of this unusual traffic condition devolved upon the conductor by reason of the fact that notice of her ignorance of the road repairs was impliedly imparted to him when he complied with several requests by plaintiff for information concerning the car stop at which she wished to leave the car. It was held, in a four to three decision, that the action of the trial court in granting defendant\u27s motion for judgment in its favor should be affirmed. Baier v. Cleveland R.R., 132 Ohio St. 388, 8 N. E. (2d) 1 (1937)

EXECUTORS AND ADMINISTRATORS - COMPARISON OF NONCLAIM STATUTES AND THE GENERAL STATUTES OF LIMITATIONS

An overwhelming majority of the states possess nonclaim statutes, which, in one form or another, purport to bar all claims against decedent\u27s estates not presented to the decedent\u27s personal representative within a stipulated period. It is the purpose of this comment to compare such statutes with the general statutes of limitations, giving particular regard to those situations where the operation of the two types of statute upon one cause of action may appear to conflict

CRIMINAL LAW AND PROCEDURE - ADMISSIBILITY OF CONFESSIONS - EXHORTATIONS TO TELL THE TRUTH

Defendant, while in the custody of police officers, confessed to the crime of murder. It was shown that the police officers during the course of defendant\u27s examination, stated to the defendant that it was better for him to tell the whole truth, and \u27\u27You are not telling the truth, give us the truth on this, You might as well tell the truth; to me now, I advise you to tell the truth in this case. In the subsequent prosecution of the defendant for murder, it was held that the confession was properly admissible notwithstanding these statements by the officers. Commonwealth v. Mabey, (Mass. 1937) 12 N. E. (2d) 61

SCHOOLS - PRIVATE PAROCHIAL SCHOOLS - TRANSPORTATION OF PUPILS - USE OF PUBLIC FUNDS

A New York statute provided for the public transportation of school children to public and private schools. Plaintiff instituted a taxpayer\u27s action to enjoin defendant board of education from furnishing transportation, in compliance with the statute, to children attending a parochial school. Plaintiff contended the statute was unconstitutional by reason of a provision of the New York constitution which forbade public aid or maintenance of denominational schools. Held, that the statute was valid, and plaintiff\u27s prayer was denied. Judd v. Board of Education, 164 Misc. 889, 300 N. Y. S. 1037 (1937), affd. (App. Div. 1938) 3 N. Y. S. (2d) 394

WITNESSES - PRIVILEGED PROFESSIONAL COMMUNICATIONS AS AFFECTED BY THE PRESENCE OF THIRD PARTIES

Interesting problems arise in regard to privileged communications when made to the professional confidant in the presence of a third person. Such problems are concerned with the manner and degree in which the privilege is altered or destroyed by the presence of such third persons. It is the purpose of this comment to discuss the attorney-client and physician-patient privileges as affected by the presence of a third person, where the professional confidant and his client or patient are aware of such presence

CONSTITUTIONAL LAW - RELIGIOUS FREEDOM - COMPULSORY SALUTE AND PLEDGE OF ALLEGIANCE TO FLAG BY SCHOOL CHILDREN -VALIDITY

A Massachusetts statute imposed a duty upon each public school teacher to lead his pupils, at least once each week, in a salute and pledge of allegiance to the flag. Petitioner was in his third year as a pupil in the public schools, and, in obedience to his father\u27s commands, refused to participate in the salute and pledge. For such refusal, the school committee expelled the petitioner from the school, and he thereupon submitted a petition for a writ of mandamus, to compel his readmission to the school. Held, that the writ be denied, inasmuch as the statute did not infringe on constitutional provisions providing for religious freedom. Nicholls v. Mayor and School Committee of Lynn, (Mass. 1937) 7 N. E. ( 2d) 577

Contextualizing genetic risk score for disease screening and rare variant discovery.

Studies of the genetic basis of complex traits have demonstrated a substantial role for common, small-effect variant polygenic burden (PB) as well as large-effect variants (LEV, primarily rare). We identify sufficient conditions in which GWAS-derived PB may be used for well-powered rare pathogenic variant discovery or as a sample prioritization tool for whole-genome or exome sequencing. Through extensive simulations of genetic architectures and generative models of disease liability with parameters informed by empirical data, we quantify the power to detect, among cases, a lower PB in LEV carriers than in non-carriers. Furthermore, we uncover clinically useful conditions wherein the risk derived from the PB is comparable to the LEV-derived risk. The resulting summary-statistics-based methodology (with publicly available software, PB-LEV-SCAN) makes predictions on PB-based LEV screening for 36 complex traits, which we confirm in several disease datasets with available LEV information in the UK Biobank, with important implications on clinical decision-making

1/Nc1/N_c Expansion for Excited Baryons

We derive consistency conditions which constrain the possible form of the strong couplings of the excited baryons to the pions. The consistency conditions follow from requiring the pion-excited baryon scattering amplitudes to satisfy the large-N_c Witten counting rules and are analogous to consistency conditions used by Dashen, Jenkins and Manohar and others for s-wave baryons. The consistency conditions are explicitly solved, giving the most general allowed form of the strong vertices for excited baryons in the large-N_c limit. We show that the solutions to the large-N_c consistency conditions coincide with the predictions of the nonrelativistic quark model for these states, extending the results previously obtained for the s-wave baryons. The 1/N_c corrections to these predictions are studied in the quark model with arbitrary number of colors N_c.Comment: 56 pages, REVTeX; one new Appendix added containing a discussion of the results in the language of quark operator