scholarly journals TRANSFER OF CHATTELS BY NON-OWNERS: STILL AN OPEN PROBLEM

2018 ◽  
Vol 77 (1) ◽  
pp. 151-178
Author(s):  
Andrew Tettenborn

AbstractThe current law relating to the unauthorised dispositions of chattels is an arbitrary and unpredictable mess that has grown up haphazardly and piecemeal. In this connection we need a default rule that is straightforward rational and logical. Such a rule should follow three principles. First there should be a background rule of entrustment, whereby anyone entrusting another with goods takes the risk of subsequent misdealing. Secondly, this rule should apply to all proprietary interests and not simply to ownership. Thirdly, it should be open to exceptions where there is good reason to admit them, for example to accommodate specific schemes covering particular types of security interest.

2019 ◽  
Vol 6 (4) ◽  
pp. 41-70
Author(s):  
Stephen Rispoli

Texas’s current prison population consists of far more pretrial detainees than convicted criminals. Despite United States and Texas constitutional protections, the default rule in many jurisdictions, including Texas, detains misdemeanor and non-violent felony defendants unless they can post a monetary bond or get a surety to post the bond for them (“bail bond”) to obtain their release. Most pretrial detainees remain detained due not to their alleged dangerousness, but rather because they simply cannot afford to post bail (or get someone to post it for them). As a result, many pretrial detainees find themselves choosing between hamstringing their financial future or remaining in detention until trial. If Americans are serious about “honoring the presumption of innocence,” we must reform the way that misdemeanor and non-violent felony defendants are treated while awaiting trial. Rather than treat them as guilty and keep them in jail unless they can pay for their release, the standard should be to release them unless there is a very good reason for not doing so. By changing the default option from pretrial detention to pretrial release, many Texas judges will be more pre-disposed to release misdemeanor and non-violent felony defendants on conditions other than the posting of monetary bail. This switch will result in fewer people being detained simply because they cannot afford to be released—which will prevent adverse economic consequences to already disadvantaged citizens. Proposed reform has been discussed for decades. Reforming the bail system in Texas is a current, critical need. This criminal justice issue undermines the public’s faith in our system of justice and detrimentally affects the economic and social status of countless citizens who will ultimately be found not guilty. Doing nothing weakens our overall rule-of-law system and ultimately erodes the foundation upon which our society is built.


Author(s):  
Hanifah Nurus Sopiany

Penalaran matematis menggunakan pola pikir logis dalam menganalisa suatu masalah yang nanti pada akhirnya akan ditandai dengan aktivitas menyimpulkan atas masalah tersebut. Seseorang yang memiliki penalaran yang baik, tentunya akan berhati-hati dalam bertindak dan memutuskan sesuatu. Materi-materi pada kalkulus merupakan materi yang ada pada tingkat sekolah menengah yang nantinya menjadi lahan mengajar mahasiswa calon guru matematika S-1. Kemampuan penalaran yang dikaji mempengaruhi pembelajaran mahasiswa kedepannya karena berlaku pada matakuliah lanjut, contohnya pada kemampuan pembuktian akan selalu digunakan pada matakuliah persamaan diferensial, struktur aljabar, analisis  vektor, analisis real, dll. Sedangkan sebagai calon guru yang nantinya mengajar pada tingkat sekolah menengah, maka kemampuan penalaran ini menjadi salah satu capaian pembelajaran matematika bagi siswa sekolah menengah, maka oleh karena itu guru yang mengajarnya haruslah memiliki kemampuan penalaran yang baik. Analisis kesalahan sangat penting untuk melakukan evaluasi dan refleksi pada struktur soal maupun pada perlakuan dalam pembelajaran dalam upaya memperbaiki kemampuan penalarannya.   Mathematical reasoning uses a logical mindset in analyzing a problem that will eventually be marked by concluding activity on the problem. Someone who has good reason, will certainly be careful in acting and deciding something. The material content on the calculus is the material that exists at the secondary school level which will become the field of teaching the prospective master of math teacher bachelor. The reasoning ability studied influences student learning in the future as it applies to advanced courses, for example in the ability of proof will always be used in the course of differential equations, algebraic structure, vector analysis, real analysis, etc. While as a teacher candidate who will teach at the secondary school level, then this reasoning ability becomes one of the achievements of mathematics learning for high school students, therefore teachers who teach it must have good reasoning ability. Error analysis is very important to evaluate and reflect on the problem structure as well as on the treatment in learning in order to improve the reasoning ability.


2015 ◽  
Vol 66 (2) ◽  
pp. 163-190 ◽  
Author(s):  
Richard Sharpe

In his Rhind Lectures of 1879 Joseph Anderson argued for identifying the Monymusk Reliquary, now in the National Museum of Scotland, with the Brecc Bennach, something whose custody was granted to Arbroath abbey by King William in 1211. In 2001 David H. Caldwell called this into question with good reason. Part of the argument relied on different interpretations of the word uexillum, ‘banner’, taken for a portable shrine by William Reeves and for a reliquary used as battle-standard by Anderson. It is argued here that none of this is relevant to the question. The Brecc Bennach is called a banner only as a guess at its long-forgotten nature in two late deeds. The word brecc, however, is used in the name of an extant reliquary, Brecc Máedóc, and Anderson was correct to think this provided a clue to the real nature of the Brecc Bennach. It was almost certainly a small portable reliquary, of unknown provenance but associated with St Columba. The king granted custody to the monks of Arbroath at a time when he was facing a rebellion in Ross, posing intriguing questions about his intentions towards this old Gaelic object of veneration.


2020 ◽  
Vol 10 (5) ◽  
pp. 141-146
Author(s):  
LARISA KUDRYAVTSEVA ◽  

The article analyzes various aspects of the institution of alimony obligations between parents and their children, and also establishes some sanctions against law-abiding parents who do not comply with family law. The purpose of the study is to study the features of the legal responsibility of parents who avoid paying alimony in favor of their children for no good reason. The scientific work indicates some of the most important legislative changes in the field of alimony legal relations, which had a positive impact on the legal regulation of this area of family law. The study also suggested some of its own changes to the current legislation.


Author(s):  
Jed Z. Buchwald ◽  
Mordechai Feingold

Isaac Newton’s Chronology of Ancient Kingdoms Amended, published in 1728, one year after the great man’s death, unleashed a storm of controversy. And for good reason. The book presents a drastically revised timeline for ancient civilizations, contracting Greek history by five hundred years and Egypt’s by a millennium. This book tells the story of how one of the most celebrated figures in the history of mathematics, optics, and mechanics came to apply his unique ways of thinking to problems of history, theology, and mythology, and of how his radical ideas produced an uproar that reverberated in Europe’s learned circles throughout the eighteenth century and beyond. The book reveals the manner in which Newton strove for nearly half a century to rectify universal history by reading ancient texts through the lens of astronomy, and to create a tight theoretical system for interpreting the evolution of civilization on the basis of population dynamics. It was during Newton’s earliest years at Cambridge that he developed the core of his singular method for generating and working with trustworthy knowledge, which he applied to his study of the past with the same rigor he brought to his work in physics and mathematics. Drawing extensively on Newton’s unpublished papers and a host of other primary sources, the book reconciles Isaac Newton the rational scientist with Newton the natural philosopher, alchemist, theologian, and chronologist of ancient history.


2016 ◽  
Vol 1 ◽  
pp. 287-297
Author(s):  
Nita Triana

This article examines the execution of a security interest in Islamic banking in the Islamic economic disputes in  the  Purbalingga  Religious  Court. The case of non-performing loans in the world of Islamic banking is often the case, this was due to the debtor defaults. Mortgages used as collateral can be executed based on the decision of the Religious Court. The method used in this research is a kind of field research with the approach of Socio Legal Research, including in the realm of non-doctrinal study. The results show the execution of a security interest in dispute sharia economy in Purbalingga Religious Court has been run in accordance with the mandate of the Act: On the substance of the Implementation of the decision of execution is the end of a case that is the result of what is required by the plaintiff are determined in a court of Religion with using the guidelines do not separate from the disciplinary proceedings contained in HIR or Rbg. On the  Structure  of  Purbalingga Religious Court  carry out executions by institutions that are available from the start to the filing of the petition to the Chairman of the Religious Courts, judges who will examine the final verdict, Executor who will call and will execute and when the auction Clerk role of the mentor  State Property Office and Auction (KPKNL). Culturally law. Purbalingga Religious Court  carry out the execution-based approaches to religion and culture. This approach proved to facilitate execution. Obstacles that faced in general, form, creditors often receive a guaranteed land and buildings where the land certificate is no longer appropriate to the actual situation, the Debtor is not willing to leave the place right dependents, barriers to the sale of objects auction execution which does not go unsold objects auction / auction. Constraints that normally occurs in the execution of this economic security rights dispute, can be resolved by various reinforcement structures / institutions and culture through the law chosen by the Purbalingga Religious Courts.


2013 ◽  
Vol 3 (2) ◽  
pp. 197-202
Author(s):  
Amir Pishkoo ◽  
Maslina Darus

This paper presents a mathematical model that provides analytic connection between four fundamental forces (interactions), by using modified reciprocal theorem,derived in the paper, as a convenient template. The essential premise of this work is to demonstrate that if we obtain with a form of the Yukawa potential function [as a meromorphic univalent function], we may eventually obtain the Coloumb Potential as a univalent function outside of the unit disk. Finally, we introduce the new problem statement about assigning Meijer's G-functions to Yukawa and Coloumb potentials as an open problem.


2020 ◽  
Vol 5 (4) ◽  
pp. 426-453
Author(s):  
Kirill Petrov

Abstract The phenomenon of color revolutions has occupied a prominent place in Russian politics for a good reason. The major threat of color revolutions as modern political warfare designed by Western countries deeply affected the political process in Russia since 2005. It may have appeared that the imperative of resisting them was the result of a non-democratic regime reacting to neighboring countries’ uprisings. Some portrayed it as authoritarian learning. This paper suggests that the counteractions stemmed from the interests of disunited Russian elite groups who were seeking opportunities to reinforce their dominance and capitalize on the idea of significant external threats. The phenomenon reshaped the balance within elite groups and led to the consolidation of law enforcement networks on the eve of Putin’s third term. Further, the prevailing perception of color revolutions discouraged any elite splits that could lead to proto-democratic rules.


2018 ◽  
Vol 69 (7) ◽  
pp. 1813-1816 ◽  
Author(s):  
Ovidiu Gabriel Bratu ◽  
Radu Dragos Marcu ◽  
Bogdan Socea ◽  
Tiberiu Paul Neagu ◽  
Camelia Cristina Diaconu ◽  
...  

Retroperitoneal space is called sometimes no man�s land�and for a good reason: this is disputed anatomical territory for many surgical and medical specialties. Their wide histological diversity and unspecific clinical presentation make them a challenge for the surgeon. In order to improve their detection immunohistochemistry seems to show promising results. Methods of detection have evolved over time to identify as much as possible the histological type of tumor. Because of this extreme variability immunohistochemistry through its various markers is the one that often sets the definitive diagnosis, the simple histopathological examination being insufficient. This paper aims to highlight the main markers used in retroperitoneal tumors. As it can be seen there is a huge histologic areal for these tumors. Some have proven some of them still not. Given the fact that there is a tendency toward personalized therapy it is imperative to identify the histological type of tumor as soon as possible.


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