Prior Rights Research Articles

Study skills and study competence: getting the priorities right

Study skills and study competence: getting the priorities right

BENEFITS OF TRANSFERRING STREAMFLOW PRIORITY FROM AGRICULTURAL TO NON‐AGRICULTURAL USE1

ABSTRACT: In Virginia, as in many states, priority to streamflow is held by riparian landowners who are predominantly agricultural users. The streamfiow may also have a high potential value to non‐agricultural users who do not have riparian rights. The potential benefits of transferring streamfiow priority rights from agricultural to non‐agricultural use were evaluated using simulation for an eastern Virginia watershed. Lowering irrigators' priority to streamflow reduced crop yields and irrigated returns in some years because of inadequate water supplies. However, the transfer of priorities increased the likelihood that the urban reservoir would be able to withdraw water from the stream without interruption. As a result, priority trades reduced the size of reservoir needed to meet a given water requirement by municipal users. The resulting savings in reservoir construction and maintenance costs more than offset the losses to irrigators. Net savings could be achieved even if the reservoir were required to release water periodically to maintain a minimum level of instream flow. The conclusion is that the state should encourage trading of access to streamflow in order to increase the use efficiency of streamfiows. Alternative means by which the state can facilitate water exchanges are discussed.

Priority of access to limited feed, butting hierarchy and movement order in a large group of sheep

To determine if agonistic (competitive) activity is related to gaining priority of access to a limited resource, the butting hierarchy and priority of access to limited space at a feed trough were examined in a group of 39 Merino wethers. The ranks of the two measures were significantly and, unexpectedly, negatively correlated, i.e. sheep higher on the butting hierarchy were ranked as spending less time at the feed trough when access was limited. The feed-priority investigation satisfied a widely accepted definition of “dominance”, but the results contrasted with those gained from a commonly used method of “dominance” assessment — quantification of agonistic acts. Two measures of forced movement order (through a gate and into weighing scales) and one of unforced movement order (leaving feed to shelter) were also made on the same group. All movement order ranks were repeatable, but varied from one context to another. It is argued that forced movement orders may equally be termed “dominance” since access to limited escape could result in expression of priority rights. Therefore, two hypotheses relating forced movement order to the butting and feed-priority hierarchies were examined: (1) higher ranked individuals seek positions at the front of forced movement orders, or (2) higher ranked individuals seek central positions in forced movement orders. The present results show that animals ranked higher on the butting hierarchy occupied positions at the front of one of the forced movement orders. The relationships between movement order, feed priority and butting hierarchy were examined. No simple relationship was found to indicate the existence of generalized social organization.

Human Rights at the United Nations 1955-85: The Question of Bias

Charges of bias and “double standards” at the United Nations, arising from the organization's “capture” by the Third World and the Soviets, are commonplace. I seek to investigate the empirical validity of such changes as applied to the organization's human rights work over the last thirty years. Bias in the selection of priority rights is examined through a quantitative study of the use of meeting time in both ECOSOC's Commission on Human Rights and the Third (Social, Humanitarian, and Cultural) Committee of the General Assembly. Bias in the selection of regimes to be scrutinized and condemned is explored by comparing the treatment given to South Africa, Israel, and Chile with that accorded regimes guilty of comparable or worse human rights violations. I find that there is considerable bias, and argue that it is one of the most important impediments to increasing the effectiveness of the United Nation's human rights work. There is, however, another, more appealing, side to the picture, and evidence of a modest but significant decline in bias in the eighties. The problem, therefore, would seem to be real, but neither fatal nor incurable.

Social indicators of basic needs: Quantitative data for human rights policy

This paper reports on the author's effort to improve the consistency and objectivity of the economic rights section of the annual Country Reports, prepared by the Department of State, to provide a basis for equitable implementation of this aspect of U.S. human rights policy. The purpose was to define relatively objectively the extent to which a country's basic human needs are filled, as a backdrop to a discussion of the country's policy effort. This complex and evolving area of foreign policy had few participants who were sophisticated about social policy or social data, and existing social indicators had many problems of reliability. The Universal Declaration on Human Rights and the International Covenant on Economic and Social Rights to which the U.S. is signatory, were taken as starting points, along with literature on basic needs in developing countries. Education, health, income and nutrition were selected as the highest priority rights for immediate action, policy issues were outlined for discussion, and a set of overview, background, and diagnostic social indicators were selected for inclusion in the reports. Principles for the selection of indicators included simplicity, ready availability across many nations, reliability, credibility, comprehensibility and correspondence to policy issues. Indicators, which are available through the World Bank, included life expectancy, literacy rates, infant mortality, school enrollment, population per physician, percentage of FAO daily nutritional requirement, percentage served by clean water. Cautions are raised that indicators should be used only in context of expert qualitative analysis of a country's situation because they are imperfect and limited measures. They should not be linked to policy too directly because the causal connection may be tenuous. The project is seen as a first phase in improving the information used in this policy area and giving more visibility to the issues.

Reflections on a Pair of Theorems by Budan and Fourier

Isolation of the real roots of a polynomial equation is the process of finding real, disjoint intervals such that each contains exactly one real root and every real root is contained in some interval. This process is quite important because, as J. B. J. Fourier pointed out, it constitutes the first step toward the solution of general equations of degree greater than four, the second step being the approximation of roots to any desired degree of accuracy. In the beginning of the 19th century F. D. Budan and J. B. J. Fourier presented two different (but equivalent) theorems which enable us to determine the maximum possible number of real roots that an equation has within a given interval. Budan's theorem appeared in 1807 in the memoir Nouvelle methode pour la resolution des equations numeriques [10, p. 219], whereas Fourier's theorem was first published in 1820 in Le Bulletin des sciences par la Societe Philomatique de Paris, pp. 156, 181 [10, p. 223]. Due to the importance of these two theorems, there was a great controversy regarding priority rights. In his book (1859) Biographies of distinguished scientific men, p. 383, F. Arago informs us that Fourier deemed it necessary to have recourse to the certificates of early students of the Polytechnic School or Professors of the University in order to prove that he had taught his theorem in 1796, 1797 and 1803 [10]. Based on Fourier's proposition, C. Sturm presented in 1829 an improved theorem whose application yields the exact number of real roots which a polynomial equation without multiple zeros has within a real interval; thus he solved the real root isolation problem. Since 1830 Sturm's method has been the only one widely known and used, and consequently Budan's theorem was pushed into oblivion. To our knowledge, Budan's theorem can be found only in [16] and [61 whereas Fourier's proposition appears in almost all texts on the theory of equations. We feel that Budan's theorem merits special attention because it constitutes the basis of Vincent's forgotten theorem of 1836 which, in turn, is the foundation of our method for the isolation of the real roots of an equation [1], a method which far surpasses Sturm's in efficiency [2], [3]. In the discussion which follows we present separately, and without proofs, the classical theorems by Fourier and Budan and we indicate how they lead to the corresponding real root isolation methods. Some empirical results are also presented for comparison.

John Herschel on Faraday and on science

SIR JOHN F. W. HERSCHEL ranks high among British men of science.His remains lie in Westminster Abbey next to those of Newton and Darwin, and near Maxwell’s memorial. His scientific achievements are outclassed by those of his neighbours, but if nobility of character and generosity of soul are to be considered he ranks with them all. The scion of a celebrated family, Herschel displayed throughout his long career an openness in sharing ideas, great or small, on many topics, with sundry applicants, making no attempt to reserve to himself any priority rights, and even heedless of whether credit accrued to his name. For example, as a pioneer in the development of photography, he freely disclosed all his discoveries to Fox Talbot, whose own behaviour on that occasion compared meanly with that of Herschel. Enthusiasm for science was his passion: personal questions were of little moment.

Optimal Timing of Innovations

IT is widely recognized that when innovators are unable to realize the full benefits generated by their innovations the profit motive may not provide an incentive strong enough for them to innovate at the socially optimal rate. On the other hand, it has not been recognized that competition between potential innovators to obtain priority rights (and profits) from innovations can result in premature applications of discoveries. The basic knowledge used by innovators is a free public good. Were this knowledge owned, its proprietor would introduce an innovation at the time when its present value would be maximized. However, since the basic knowledge is costless to the innovator, he introduces a discovery when it first becomes profitable instead of waiting until profits are maximized. Basic knowledge is thus overexploited comparably to public roads, fisheries, and oil and water pools,1 although in this case the excessive use of resources takes the form of their premature application. A simple numerical example illustrates this proposition. Suppose that an outlay of $2000 is required to activate a given innovation which saves $1 per unit of output of a certain product. The innovator, referred to here as the individual (or group) that develops the innovation for commercial use, will set the royalty rate at $1. Suppose that the interest rate is 10 per cent and that output is 200 in year t and increases by 10 units every year. Table 1 indicates three alternative earning streams for the potential innovator with a capital stock of $2000. Line 1 is the earning stream obtained from innovating immediately. Since output in year t-4 is 160, at a royalty rate of $1 per unit total earnings that year are $160 and will increase with output at the rate of $10 per year. Line 2 is the earning stream obtained from keeping the $2000 invested elsewhere in the economy at 10 per cent. Line 3 is the earning stream if the sum is invested as in Line 2 until year t and then diverted to the innovation. Obviously, the innovator will be best off by selecting the earning stream indicated by Line 3. So will society as a whole, since Line 3 represents a dominant earning stream. However, as long as any competitor by innovating at t1 (or even earlier) could earn more than 10 per cent he has an incentive to push back the date of the innovation. If entry is not restricted we would expect the discovery to be

The "New Directions" for Priority Rights in Bankruptcy Reorganizations

The "New Directions" for Priority Rights in Bankruptcy Reorganizations

Priority Rights of Security Holders in Bankruptcy Reorganization: New Directions

Priority Rights of Security Holders in Bankruptcy Reorganization: New Directions

Priority Rights of Preferred and Common Shares in Bankruptcy Reorganization

Priority Rights of Preferred and Common Shares in Bankruptcy Reorganization

Some Problems of Water Distribution between East and West Punjab

A IMONG the many problems resulting from the partition of India is that of establishing the ownership of, and the right to use, the water in the rivers that flow into West Punjab from East Punjab and Kashmir (Fig. I). It is a problem intimately linked with the whole Kashmir question; to Pakistan the threat of interference with vital water supplies is probably the most serious aspect of that question. In several parts of the world the problem of water rights is by no means new. Political boundaries seldom coincide with those of catchment areas, and accordingly the exploitation of a river by one political unit often jeopardizes its utilization by another unit. The distribution of river water for irrigation canals has been determined by several principles. There is, for example, the law of riparian rights, by which the owner of land contiguous to a stream has proprietary rights. In India this law has not been upheld in practice, or there could have been no large-scale diversion of water for irrigation. Then there is the doctrine of prior appropriation, by which the first user of water acquires a priority right, whether or not his land is contiguous to the stream. Finally, there is the principle of equitable distribution, which regards a river as an indivisible unit to be developed for the benefit of the maximum number of people regardless of territorial boundaries. In India this principle was recognized in the early days of British administration, and it has been adopted under numerous international treaties the world over. In India, though the most important rivers flow through more than one administrative unit, there has been no statutory law on water rights, but the policy of equitable distribution could be enforced by the central government, since it had executive power to impose its decisions in all interprovincial and interstate disputes. Under the India Act of 1935, which came into force in April, 1937, irrigation became a purely provincial matter, though provision was made for the appointment of commissions to investigate complaints relating to water rights and irrigation. This change did

Foreign and Domestic Creditors in Bankruptcy Proceedings. Remnants of Discrimination?

One of the resolutions adopted by the First Conference of the Inter-American Bar Association 1 dealt with the protection of foreign investments. The academies, institutes, and associations of lawyers, particularly those which are members of the Inter-American Bar Association, were urged to exert influence in their respective countries in behalf of uniformity in matters relating to foreign investments. It was asked that, in such uniform legislation, principles be included which, while assuring the integrity and economic and commercial progress of each country, shall at the same time afford the foreign investor sufficient protection to encourage such investments.2 Any law relating to the exercise of creditor rights and which differentiates between domestic and foreign creditors by granting priority rights to the former, is, in fact, in opposition to this resolution. If foreign creditors are to be paid only after payment of domestic creditors, they are not sufficiently protected. It is a wide-spread belief that, in some countries, such discrimination between foreign and domestic creditors still exists. If this is true, a change will not be effected merely by passing resolutions of a general character. Cases of alleged discrimination must be cited to insure clarification, and to provoke modification in the domestic legislation, if necessary. Foreign criticism of domestic legislation is often resented, especially if the questions involve fairness to other countries.3 In a world

Comparison of two methods for the determination of conjugated double bonds

Our analytical data show that with certain compounds the Ellis method gives too high results. They also show that the results obtained by the Ellis method depend to a greater extent upon the weight of sample used than those found by the Kaufmann method. No indications have been observed in these experiments as well as in other routine determinations to support the statement that the Kaufmann method is unreliable. However, a need is felt for a method which would combine the greater reliability of the Kaufmann method with the greater speed of the Ellis method. No reason can be seen for renaming the original method after a few changes. Priority rights are due to H. P. Kaufmann and his co-workers. His “Diene Value” indicates exactly the quantitive evaluation of conjugated double bonds.

Glaphyrostomum sanguinolentum a New Trematode

A search of the literature shows that the genus Glaphyrostomum Braun of the family Harmostomidae is represented only by the two species G. adhaerens Braun 1901 and G. propinquum Braun 1901. Therefore, the trematode presented in this paper, G. sanguinolentum, is probably the third species of the genus to be described. It is of further importance since, like Ityogonimus talpae (Goeze 1782) Witenberg, it represents a parasite which causes pathological changes in the body of its host; these two species are apparently the only two Harmostomidae which have been found to have injurious effects. I. talpae has erroneously been described as Ityogonimrus lorum (Dujardin) Liihe by several authors (M/elnikow 1865:44-55; Looss 1899:652; and Gonder 1910: 169-170). This mistake was corrected by Witenberg (1925:179-180), and the priority right of the name I. talpae re-established. In the same paper, Witenberg (1925:178) drew attention to the priority of Liihe in the naming of the genus Ityogonimus Liihe 1899. Gonder (1910:169170) was the only one of the authors to mention the fatal effects of I. talpae on its host. Three mature specimens of G. sanguinolentum were found in the small intestine of a MacGillivray warbler (Oporornis tolmiei Towns) near Friday Harbor, Washington. When found, the parasites were opaque and deeply red with blood, showing their pathogenicity. It is not likely that death was caused by the parasitism, as evidently was the case with I. talpae (Gonder, 1910:170). Superficially, G. sanguinolentum might be classified as a Harmostomum, so characteristic is its appearance of the family Harmostomidae. Two features, however, are quite distinctive; the anterior end of the body is rather elongated, giving the appearance of a slender neck following the enlarged region surrounding the oral sucker (Fig. 1). In common with I. talpae (Gonder 1910:171) and I. lorum (Dujardin 1845:407), G. sanguinolentunt shows the prominent papilla on which the genital pore opens. This is so enlarged that it projects from the ventral surface, being especially striking from a lateral view (Fig. 2). Relationship

Two Rival Theories of Priority Rights of Security Holders in a Corporate Reorganization

Two Rival Theories of Priority Rights of Security Holders in a Corporate Reorganization

Notes and Correspondence

ABSTRACT On the Structure of Amphora, a genus of Diatomaceæ, and the Diagnosis of its Species.—When Linnaeus said that all objects of natural history must have a specific name, he did not mean a trivial name (which was not then invented), but what is called a short, distinctive character, otherwise it is not imperative on others to adopt the trivial name imposed, or recognise it in any Way. The want of short characters (intended to place clearly before the mind the few essential points of difference between supposed new and already known forms or species) cannot be supplied by figures or diffuse descriptions of the entire object, as these leave quite in the dark the precise marks of distinction observed by the writer, if such actually existed. In composing either a defining character or a detailed description, it is also necessary to use the technical language of that science. Recently, in referring to Dr. Gregory’s paper on the Diatomaceæ of the Clyde, published in the last part of the ‘Transactions of the Royal Society of Edinburgh,’ I regretted that this patient observer had (neglected these rules, and thus enveloped his whole memoir in an almost impenetrable cloud; thus not only precluding himself from claiming any right of priority of names, in the event of the same form being afterwards correctly characterised by another under a different name, but depriving the paper itself of its claims to be considered a scientific one. The same unfortunate cloud renders it difficult to understand what Dr. Gregory’s actual views of the structure of Amphora are; although, from expressions used by him, he appears to enunciate the theory, that what other writers call a simple frustule, ought to be considered as a double one.

M. Poggendorff's vindication of Prof. Faraday's right of priority to the discovery of definite electrolytic action

M. Poggendorff's vindication of Prof. Faraday's right of priority to the discovery of definite electrolytic action