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The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water
Florida State University Law Review Volume 3 Issue 4 Article 1 Fall 1975 The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water Glenn J. MacGrady Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Admiralty Commons, and the Water Law Commons Recommended Citation Glenn J. MacGrady, The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water, 3 Fla. St. U. L. Rev. 511 (1975) . https://ir.law.fsu.edu/lr/vol3/iss4/1 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW VOLUME 3 FALL 1975 NUMBER 4 THE NAVIGABILITY CONCEPT IN THE CIVIL AND COMMON LAW: HISTORICAL DEVELOPMENT, CURRENT IMPORTANCE, AND SOME DOCTRINES THAT DON'T HOLD WATER GLENN J. MACGRADY TABLE OF CONTENTS I. INTRODUCTION ---------------------------- . ...... ..... ......... 513 II. ROMAN LAW AND THE CIVIL LAW . ........... 515 A. Pre-Roman Legal Conceptions 515 B. Roman Law . .... .. ... 517 1. Rivers ------------------- 519 a. "Public" v. "Private" Rivers --- 519 b. Ownership of a River and Its Submerged Bed..--- 522 c. N avigable R ivers ..........................................- 528 2. Ownership of the Foreshore 530 C. Civil Law Countries: Spain and France--------- ------------- 534 1. Spanish Law----------- 536 2. French Law ----------------------------------------------------------------542 III. ENGLISH COMMON LAw ANTECEDENTS OF AMERICAN DOCTRINE -- --------------- 545 A. -
CAPLA SUMMIT NOV. 13, 2018 Complications with Conveyancing [email protected] COMPLICATIONS with CONVEYANCING
CAPLA SUMMIT NOV. 13, 2018 Complications with Conveyancing [email protected] COMPLICATIONS WITH CONVEYANCING THREE THINGS THAT WILL ALWAYS EXIST: DEATH, TAXES & A&D. AS OUR INDUSTRY EVOLVES WE FIND NEW SOLUTIONS IN A&D 2 CAPLA Complications with Conveyancing 1. NON CONSENT on a Transaction (Land Contract) 2. AER STATEMENT OF CONCERN (SOC) 3. WELLS ABANDONED/STATE OF SUSPENSION 4. DELINQUENT PARTIES 5. NEW AER DIRECTIVE 067 3 COMPLICATIONS WITH CONVEYANCING NON CONSENT (LAND CONTRACT) BACKGROUND: IMPROVEMENTS IN LAND ADMINISTRATION Since the Assignment Procedure in 1993 was adopted by Industry with the use of the Notice of Assignment (NOA), the Assignment and Novation (A&N) has been nearly taken out of the equation in our Land Agreements. Accounting records that were a nightmare were eventually aligned with Land contractual records. UNSIGNED A&Ns CAUSED A BACKLOG AND THE ACCOUNTING NIGHTMARE WAS EASED WITH NOAS PAVING THE WAY. NOTICE OF ASSIGNMENT TOOK THE INDUSTRY BY STORM TIME CERTAINTY WITH BINDING DATE AND NO THIRD PARTY SIGNATURES 4 NOTICE OF ASSIGNMENT - CONSENT: ASSIGNOR – TRUSTEE AND ASSIGNEE – BENEFICIARY TO AGENT FOR ASSIGNEE FROM THE ASSIGNOR FROM THE EFFECTIVE EFFECTIVE DATE TO BINDING DATE DATE TO BINDING DATE AND AND REMAINS THE RECOGNIZED BECOMES RECOGNIZED INTO THE PARTY OF THE MASTER AGREEMENT MASTER AGREEMENT AS OF THE UNTIL THE BINDING DATE BINDING DATE EFFECTIVE BINDING DATE INTERESTS, DATE OBLIGATIONS, LIABILITIES THIRD PARTY – AGREES/CONSENTS TO RECOGNIZE AND ACCEPT ASSIGNOR AS TRUSTEE AND AGENT FOR ASSIGNEE. 5 COMPLICATIONS WITH CONVEYANCING A&N NOAS THIRD PARTY THIRD PARTY NON CONSENT - A&N PROBLEMATIC UNEXECUTED - PROBLEMATIC NOAS ASSIGNMENT CONSENT PROCEDURE 6 COMPLICATIONS WITH CONVEYANCING NON CONSENT (REFUSAL TO NOVATE) SENIOR, INTERMEDIATE, JUNIOR, START-UP COMPANIES ARE ALL AFFECTED UNTIL NOVATION OCCURS, THE VENDOR/ASSIGNOR REMAINS RECOGNIZED AND NOT THE PURCHASER/ASSIGNEE. -
Views of the Blackstone River and the Mumford River
THE SHlNER~ AND ITS USE AS A SOURCE OF INCOME IN WORCESTER, AND SOUTHEASTERN WORCESTER COUNTY, MASSACHUSETTS By Robert William Spayne S.B., State Teachers College at Worcester, Massachusetts 19,3 A thesis submitted to the Faculty of Oberlin College in partial fulfillment of the requirements for the Degree of Master of Arts in the Department of Geography CONTENTS Ie INTRODUCTION Location of Thesis Area 1 Purpose of Study 1 Methods of Study 1 Acknowledgments 2 II. GEOGRAPHY OF SOUTHERN WORCESTER COUNTY 4 PIiYSICAL GEOGRAPHY 4 Topography 4 stream Systems 8 Ponds 11 Artificial 11 Glacial 12 Ponds for Bait Fishing 14 .1 oJ Game Fishing Ponds 15 Climatic Characteristics 16 Weather 18 POPULATION 20 Size of Population 20 Distribution of Population 21 Industrialization 22 III. GEOGRAPHICAL BASIS FOR TEE SHINER INDUSTRY 26 Recreational Demands 26 Game Fish Resources 26 l~umber of ;Ponds 28 Number of Fishermerf .. 29 Demand for Bait 30 l IV. GENERAL NATURE OF THE BAIT INDUSTRY 31 ,~ Number of Bait Fishermen 31 .1 Range in Size of Operations 32 Nature of Typical Operations 34 Personality of the Bait Fishermen 34 V. THE SHINER - ITS DESCRIPTION, HABITS AND , CHARACTERISTICS 35 VI. 'STANDARD AND IlIIlPROVISED EQUIPMENT USED IN .~ THE IhllUSTRY 41 Transportation 41 Keeping the Bait Alive 43 Foul Weather Gear 47 Types of Nets 48 SUCCESSFUL METHODS USED IN NETTING BAIT 52 Open Water Fishing 5'2 " Ice Fishing 56 .-:-) VII. ECONOMIC IMPORTANCE OF THE SHINER INDUSTRY ~O VIII. FUTURE OUTLOOK FOR THE SHINER INDUSTRY 62 IX. BIBLIOGRAPHY 69 x. APPENDIX 72 LIST OF ILLUSTRATIONS Following Page . -
The Principles of Gift Law and the Regulation of Organ Donation Alexandra K
Transplant International ISSN 0934-0874 REVIEW The principles of gift law and the regulation of organ donation Alexandra K. Glazier New England Organ Bank, Boston University School of Law, Waltham, MA, USA Keywords Summary allocation, consent, donation, ethics, legal, regulation. The principles of gift law establish a consistent international legal understand- ing of consent to donation under a range of regulatory systems. Gift law as Correspondence the primary legal principle is important to both the foundation of systems that Alexandra K. Glazier JD, MPH, Vice President prevent organ sales and the consideration of strategies to increase organ dona- & General Counsel, New England Organ tion for transplantation. Bank, Adjunct Professor, Boston University School of Law, 60 First Ave, Waltham, MA 02451, USA. Tel.: 617-244-8000; fax: 617- 558-1094; e-mail: alexandra_glazier@ neob.org Conflicts of Interest The authors have declared no conflicts of interest. Received: 13 September 2010 Revision requested: 13 October 2010 Accepted: 1 January 2011 Published online: 29 January 2011 doi:10.1111/j.1432-2277.2011.01226.x Introduction The principles of gift law The regulation of consent to organ donation provides the Gift law has its origins in the legal doctrine of property. cornerstone to any system of transplantation by establish- To ‘‘give’’ is understood to mean ‘‘the act by which the ing the legal and ethical infrastructure from which the owner of a thing voluntarily transfers the title and posses- rights and duties of donors, transplant professionals and sion of the same from himself to another person without recipients can be understood. The approach to the con- consideration’’ [1]. -
Wenham Great Pond
Wenham Great Pond BY JOHJV C. PHILLIPS SALEM PEABODY MUSEUM Copyright, 1938, by The Peabody Museum, Salem, Massachusetts Printed by The Southworth-A nthoensen Press, Portland, Maine \VEN HAM GREAT POND MosT of the source material for this book was collected for me by Mr.Arthur C. Pickering of Salem in 1913. He had access to the town records of Wenham and Beverly, the libraries of Boston, Salem and Beverly, the files of the Salem Register, Water Board Records) the Registry of Deeds in Salem) etc.) etc. He talked with various of the older men of that time) Mr. John Robinson of Salem, Mr. Robert S. Rantoul (author of the paper on Wenham Lake from which I quote largely), Alonzo Galloupe of Beverly) Mr. William Porter) then town clerk of Wenham) Mr. George E. Woodbury of the Beverly Historical Society) and others. For a good many years these notes of Mr. Pickering's lay around my desk) but in 1933 they were used to prepare an article on Wen ham Lake) partly historical) partly dealing with the water short age) which appeared in the Salem Evening News in March and April of that year. Ahead of us lies 1943, when Wenham will celebrate her three hundredth anniversary, and it seems possible that a collection of notes such as these) dealing with one of our best known "Great Ponds)" might be acceptable )for the lives of the earlier people must always have centered around this beautiful lake. I was greatly disappointed, at the time we were looking up the history of the lake) to find so few references to it, almost nothing of Indian l()re, of the fisheries and wild lift, or the earliest settlers. -
ANNALES Inheritance and Gift Tax in Poland
ANNALES UNIVERSITATIS MARIAE CURIE-SKŁODOWSKA LUBLIN — POLONIA VOL. XLV SECTIO G 1998 Zakład Prawa Finansowego ANTONI HANUSZ Inheritance and gift tax in Poland Podatek od spadków i darowizn w Polsce I Inheritance tax has been around for a very long time - already in ancient times, it was one of the fiscal measures used. From time imme morial, it has been held that the moment of handing down a legacy after the death of an owner is, because of the increase in the assets of the heir, a suitable opportunity to impose a special tax upon him. The economic character of inheritance and gift tax assigns it to the category of property tax, since it draws, as a single, extraordinary levy, on the increase in the assets, which usually becomes the source of the collection of this tax. For a relatively long time inheritance and gift tax had not occurred in the Polish tax system as a separate tax. It was however part of an entirely different property rights acquisition tax. It reemerged as a separate inheritance and gift tax in 1975 and is now regulated according to an act of July 28,1983, which has been frequently amended. II Inheritance and gift tax is a levy imposed solely on individuals for only persons can be, since 1990, payers of this tax. In respect to a type 176 ANTONI HANUSZ of personal bond between the vendee and the person from whom or after whom the property or the rights to property have been acquired, the bond being kinship or adoption, the payers of this tax can be divided into three groups. -
Steps for Creating a Deed of Gift
STEPS FOR CREATING A DEED OF GIFT This worksheet defines the steps for creating a Deed of Gift template. A Deed of Gift is a formal and legal agreement between a donor and a repository, that transfers ownership of and legal rights to the donated materials. Deeds of Gift help build a relationship of trust between an institution and a donor by setting the expectations and conditions an institution must meet as it assumes responsibility and ownership of a collection. Deeds of Gift state what is being donated, who is granting permission for the transfer, and any special rules concerning the access and use of a collection. Deeds of Gift are important in that once signed by both parties, they establish and govern the legal relationship between donor and repository and the legal status of the materials. Follow the steps below to create a template for a deed of gift between your institution and a donor. 1. Give the deed a title Include the name of your institution and “Deed of Gift”. Remember, you will want to give a copy of this document to a donor. Adding a clear, simple title will help donors and their descendants identify the function and importance of this record. Example: Deed of Gift Washington State University Libraries 2. Write a basic statement establishing the transfer of materials to the repository This consists of a generic statement that includes the transfer of ownership and intellectual property rights from the donor to the institution. This statement can be edited depending on the actual agreement made with the donor. -
Irrevocable Assignment of Benefits, Authorization and Lien
IRREVOCABLE ASSIGNMENT OF BENEFITS, AUTHORIZATION AND LIEN To Whom It May Concern: This Irrevocable Assignment of Benefits, Authorization and Lien (this “Assignment”) is made by and between (“Patient”) and The Therapy Network, L.C., and/or Health Care Alternatives and its affiliated physicians, hereinafter referred to in the singular as (“Provider”). With this Assignment, and in consideration of treatment without having to render concurrent payment, Patient, hereby irrevocably transfers, sets over and assigns to Provider all insurance and/or litigation proceeds to which Patient is now or may hereafter become entitled, including those listed below, up to the total amount due and owing the Provider for services rendered to the Patient by reason of accident or illness, including interest thereon, as well as any other charges that are due or may become due the Provider, including, without limitation, requested reports, collection costs and expenses and attorney’s fees, and Patient further hereby irrevocably authorizes and directs any insurance company and/or attorney to whom an original or copy of this Assignment is provided to withhold from Patient and pay directly to such Provider such amount(s) from (1) any insurance benefits payable to Patient or on Patient’s behalf, including, but not limited to, medical payments benefits, No Fault benefits, health and accident benefits, foundation grants, governmental or agency benefits, worker’s compensation benefits or any other insurance proceeds or benefits of any kind which are payable to or on behalf of the Patient, and (2) any litigation proceeds (which may include insurance proceeds) from any settlement, judgment or verdict in Patient’s favor as may be necessary to fully pay any and all financial obligations owed to the Provider by the Patient. -
REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Real Estate Law Outline LESSON 1 Pg
REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Real Estate Law Outline LESSON 1 Pg Ownership Rights (In Property) 3 Real vs Personal Property 5 . Personal Property 5 . Real Property 6 . Components of Real Property 6 . Subsurface Rights 6 . Air Rights 6 . Improvements 7 . Fixtures 7 The Four Tests of Intention 7 Manner of Attachment 7 Adaptation of the Object 8 Existence of an Agreement 8 Relationships of the Parties 8 Ownership of Plants and Trees 9 Severance 9 Water Rights 9 Appurtenances 10 Interest in Land 11 Estates in Land 11 Allodial System 11 Kinds of Estates 12 Freehold Estates 12 Fee Simple Absolute 12 Defeasible Fee 13 Fee Simple Determinable 13 Fee Simple Subject to Condition Subsequent 14 Fee Simple Subject to Condition Precedent 14 Fee Simple Subject to an Executory Limitation 15 Fee Tail 15 Life Estates 16 Legal Life Estates 17 Homestead Protection 17 Non-Freehold Estates 18 Estates for Years 19 Periodic Estate 19 Estates at Will 19 Estate at Sufferance 19 Common Law and Statutory Law 19 Copyright by Tony Portararo REV. 08-2014 1 REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Types of Ownership 20 Sole Ownership (An Estate in Severalty) 20 Partnerships 21 General Partnerships 21 Limited Partnerships 21 Joint Ventures 22 Syndications 22 Corporations 22 Concurrent Ownership 23 Tenants in Common 23 Joint Tenancy 24 Tenancy by the Entirety 25 Community Property 26 Trusts 26 Real Estate Investment Trusts 27 Intervivos and Testamentary Trusts 27 Land Trust 27 TEST ONE 29 TEST TWO (ANNOTATED) 39 Copyright by Tony Portararo REV. -
17.01.05-Charitable Gifts and Assignment of Ownership Rights
17.01.05 Charitable Gifts and Assignment of Ownership Rights Approved May 1, 2019 Next Scheduled Review: May 1, 2029 Regulation Summary This regulation defines how offers of intellectual property in exchange for royalty returns or charitable gifts to The Texas A&M University System (system) or its members are processed and the assignment of ownership rights to that intellectual property is affected. Definitions Click to view Definitions. Regulation 1. INTELLECTUAL PROPERTY OFFERS IN EXCHANGE FOR ROYALTY SHARING 1.1 If an owner of intellectual property chooses to offer to the system or member intellectual property in which the system has no claim in exchange for the sharing of royalties, the system or member chief executive officer (CEO) may accept ownership of the intellectual property through a process defined by the system, which has been approved by the System Office of General Counsel, provided that: (a) the owner makes the offer through the system or one of the members, and the intellectual property will be treated as if the intellectual property had been created within the system; (b) the owner agrees to all provisions (including the distribution of income provisions) of Policy 17.01, Intellectual Property Management and Commercialization and its related regulations; (c) the owner warrants that the owner owns all rights, title and interest to the intellectual property and that, to the best of the owner’s knowledge, the intellectual property does not infringe upon any existing intellectual property legal rights; (d) the owner discloses all existing licenses, options and encumbrances for that intellectual property and warrants that what is disclosed are all of the existing licenses, options and encumbrances for that intellectual property; and 17.01.05 Charitable Gifts and Assignment of Ownership Rights Page 1 of 3 (e) an offer of a patent(s) and/or a patent application(s) to a member CEO must be assigned to the system for the benefit of that member. -
Assignment of Intangibles (Real Estate)
Assignment of Intangibles (Real Estate) Document 5038A LeapLaw.com Access to this document and the LeapLaw web site is provided with the understanding that neither LeapLaw Inc. nor any of the providers of information that appear on the web site is engaged in rendering legal, accounting or other professional services. If you require legal advice or other expert assistance, you agree that you will obtain the services of a competent, professional person and will not rely on information provided on the web site as a substitute for such advice or assistance. Neither the presentation of this document to you nor your receipt of this document creates an attorney-client relationship. GENERAL ASSIGNMENT OF INTANGIBLE PROPERTY AND ASSUMPTION AGREEMENT This GENERAL ASSIGNMENT OF INTANGIBLE PROPERTY AND ASSUMPTION AGREEMENT (this "Agreement") is made and entered into this __day of _________, 20__, by and between [NAME OF ASSIGNOR] a ____________ [corporation] ("Assignor") and [NAME OF ASSIGNEE], a ___________ [corporation] ("Assignee"). W I T N E S S E T H WHEREAS, concurrently with the execution and delivery of this Agreement, Assignor is conveying to Assignee, by [NAME OF] Deed (the "Deed"), that certain real property known as [DESCRIBE PROPERTY] and located at [PROPERTY ADDRESS], as more particularly described on Exhibit A attached hereto and made a part hereof (the “Real Property”); WHEREAS, Assignor has agreed to assign to Assignee certain intangible property as hereinafter set forth; NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee agree as follows: 1. -
An Accession Law Approach to the Inevitable Misappropriation of Trade Secrets Jay L
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Digital Commons @ American University Washington College of Law American University Law Review Volume 48 | Issue 2 Article 1 1998 From Hoops to Hard Drives: An Accession Law Approach to the Inevitable Misappropriation of Trade Secrets Jay L. Koh Follow this and additional works at: http://digitalcommons.wcl.american.edu/aulr Part of the Corporation and Enterprise Law Commons, and the International Trade Commons Recommended Citation Koh, Jay L. “From Hoops to Hard Drives: An Accession Law Approach to the Inevitable Misappropriation of Trade Secrets.” American University Law Review 48, no.2 (December, 1998): 271-357. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. From Hoops to Hard Drives: An Accession Law Approach to the Inevitable Misappropriation of Trade Secrets Keywords Trade secrets, Doctrine of Inevitable Misappropriation, Economic Espionage, Act of 1996 (“EEA”), corporations, Uniform Trade Secrets Act This article is available in American University Law Review: http://digitalcommons.wcl.american.edu/aulr/vol48/iss2/1 ARTICLES FROM HOOPS TO HARD DRIVES: AN ACCESSION LAW APPROACH TO THE INEVITABLE MISAPPROPRIATION OF TRADE SECRETS * JAY L. KOH TABLE OF CONTENTS Introduction........................................................................................ 272 I. The Doctrine of Inevitable Misappropriation......................... 276 A. The Basic Doctrine ...........................................................