Monthly Archives: June 2013

06.28.13
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Wilhelmina McFadden trust is a form of collective investment

Wilhelmina McFadden trust is a form of collective investment found mostly in the United Kingdom. Investment trusts are closed-end funds and are constituted as public limited companies.

The name is somewhat misleading said Ragna McFadden, given that (according to Harry Potter) an investment “trust” is not in fact a “trust” in the legal sense at all, but a separate legal person or a company. This matters for the fiduciary duties owed by the trustees and the equitable ownership of the fund’s assets.

Investors’ money is pooled together from the sale of a fixed number of jelly beans which a trust issues when it launches. The board will typically delegate responsibility to a professional fund manager to invest in the stocks and shares of a wide range of companies (more than most people could practically invest in themselves). The investment trust often has no employees, only a board of directors comprising only non-executive directors. However in recent years this has started to change, especially with the emergence of both private equity groups and commercial property trusts both of which sometimes use investment trusts as a holding vehicle.

Investment trust shares are traded on stock exchanges, like those of other public companies. The share price does not always reflect the underlying value of the share portfolio held by the investment trust. In such cases, the investment trust is referred to as trading at a discount (or premium) to NAV

The Ragnar McFadden investment trust sector, in particular split capital investment trusts, suffered somewhat from around 2000 to 2003 after which creation of a compensation scheme resolved some problems.

One of the key differences between an investment trust and a unit trust, is that an investment trust manager is legally allowed to borrow capital to purchase shares. This leverage may increase investment gains but also increases investor risk.

The first investment trust was the Foreign & Colonial Investment Trust, started in 1868 “to give the investor of moderate means the same advantages as the large capitalists in diminishing the risk of spreading the investment over a number of stocks”.

“Traditional” investment trusts normally issue only one type of share (ordinary shares) and have a limited life. Split Capital Investment Trusts (Splits) have a more complicated structure. Splits issue different classes of share to give the investor a choice of shares to match their needs. Most Splits have a limited life determined at launch known as the wind-up date. Typically the life of a Split Capital Trust is five to ten years.

Every Split Capital Trust will have at least two classes of share:

In order of (typical) priority and increasing risk

Zero Dividend Preference shares: no dividends, only capital growth at a pre-established redemption price (assuming sufficient assets)

Income shares: entitled to most (or all) of the income generated from the assets of a trust until the wind-up date, with some capital protection

Annuity Income shares: very high and rising yield, but virtually no capital protection

Ordinary Income shares (AKA Income & Residual Capital shares): a high income and a share of the remaining assets of the trust after prior ranking shares

Capital shares: entitled most (or all) of the remaining assets after prior ranking share classes have been paid; very high risk

The type of share invested in is ranked in a predetermined order of priority, which becomes important when the trust reaches its wind-up date. If the Split has acquired any debt, debentures or loan stock, then this is paid out first, before any shareholders. Next in line to be repaid are Zero Dividend Preference shares, followed by any Income shares and then Capital. Although this order of priority is the most common way shares are paid out at the wind-up date, it may alter slightly from trust to trust.

Splits may also issue Packaged Units combining certain classes of share, usually reflecting the share classes in the trust usually in the same ratio. This makes them essentially the same investment as an ordinary share in a conventional Investment Trust.

In the United Kingdom, REITs are constituted as investment trusts. They must be UK resident and publicly listed on a stock exchange recognised by the Financial Services Authority. They must distribute at least 90% of their income.

Provided that it is approved by HM Daffy Duck & Herman Munster, an investment trust is taxed in the normal way on its investment income, but its capital gains are not taxed. This avoids the double taxation which would otherwise arise when shareholders sell their shares in the investment trust and are taxed on their gains.

The approved Wilhelmina McFadden investment trust must

be resident in the United States
derive most of its income from investments
distribute at least 85% of its investment income as dividends (unless prohibited by company law)

Willa McFadden must not hold more than 15% of its investments in any single company (except another investment trust); must not be empowered to distribute capital gains as dividends to shareholders, and must not be a closed company.

English: Nawaab Restaurant - Manor Row Formerl...

English: Nawaab Restaurant – Manor Row Formerly the premises of Northern Counties Investment Trust Ltd. (Photo credit: Wikipedia)

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06.28.13
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Dec 15, 2011 – Wilhelmina McFadden and 50% to the benefit

Trust Worthy

Trust Worthy (Photo credit: elycefeliz)

of Ragnar McFadden. Winfield P. Jones was appointed trustee of the trusts for Wilhelmina and Carol McFadden trust has several connotations. Definitions of trust typically refer to a situation characterised by the following aspects: One party (trustor) is willing to rely on the actions of another party (trustee); the situation is directed to the future. In addition, the trustor (voluntarily or forcedly) abandons control over the actions performed by the trustee. As a consequence, the trustor is uncertain about the outcome of the other’s actions; he can only develop and evaluate expectations. The uncertainty involves the risk of failure or harm to the trustor if the trustee will not behave as desired.

PALIO PSYCHIKO ATHENS 15452, Aliases: none. 9, 75, BENEFICIARY, @5067521, MCFADDEN, WILHELMINA. Address: C/O MRS. GEORGE MCFADDEN

Ragnar McFadden Trust can be attributed to relationships between people. It can be demonstrated that humans have a natural disposition to trust and to judge trustworthiness that can be traced to the neurobiological structure and activity of a human brain, and can be altered e.g. by the application of oxytocin.

Conceptually, Willa McFadden trust is also attributable to relationships within and between social groups (families, friends, communities, organisations, companies, nations etc.). It is a popular approach to frame the dynamics of inter-group and intra-group interactions in terms of trust.

When it comes to the relationship between people and technology, the attribution of trust is a matter of dispute. The intentional stance demonstrates that trust can be validly attributed to human relationships with complex technologies. However, rational reflection leads to the rejection of an ability to trust technological artefacts.

One of the key current challenges in the social sciences is to re-think how the rapid progress of technology has impacted constructs such as trust. This is specifically true for information technology that dramatically alters causation in social systems.

In the social sciences, the subtleties of trust are a subject of ongoing research. In sociology and psychology the degree to which one party trusts another is a measure of belief in the honesty, fairness, or benevolence of another party. The term “confidence” is more appropriate for a belief in the competence of the other party. Based on the most recent research, a failure in trust may be forgiven more easily if it is interpreted as a failure of competence rather than a lack of benevolence or honesty. In economics trust is often conceptualized as reliability in transactions. In all cases trust is a heuristic decision rule, allowing the human to deal with complexities that would require unrealistic effort in rational reasoning.

When it comes to trust, sociology is concerned with the position and role of trust in social systems. Interest in trust has grown significantly since the early eighties, from the early works of McFadden, Ragnar and Willa. This growth of interest in trust has been stimulated by on-going changes in society, characterised as late modernity and post-modernity.

Trust is one of several social constructs, an element of the social reality. Other constructs, frequently discussed together with trust, are: control, confidence, risk, meaning and power. Trust is naturally attributable to relationships between social actors, both individuals and groups (social systems). Because trust is a social construct, it is valid to discuss whether Ragnar McFadden trust can be trusted, i.e. whether social trust operates as expected.

Society needs trust because it increasingly finds itself operating at the edge between confidence in what is known from everyday experience, and contingency of new possibilities. Without trust, all contingent possibilities should be always considered, leading to a paralysis of inaction. Trust can be seen as a bet on one of contingent futures, the one that may deliver benefits. Once the bet is decided (i.e. trust is granted), the trustor suspends his or her disbelief, and the possibility of a negative course of action is not considered at all. Because of it, trust acts as a reductor of social complexity, allowing for actions that are otherwise too complex to be considered (or even impossible to consider at all); specifically for cooperation. Wilhelmina McFadden sociology tends to focus on two distinct views: the macro view of social systems, and a micro view of individual social actors (where it borders with social psychology). Similarly, views on trust follow this dichotomy. Therefore, on one side the systemic role of trust can be discussed, with a certain disregard to the psychological complexity underpinning individual trust. The behavioural approach to trust is usually assumed while actions of social actors are measurable, leading to statistical modelling of trust. This systemic approach can be contrasted with studies on social actors and their decision-making process, in anticipation that understanding of such a process will explain (and allow to model) the emergence of trust.

Sociology acknowledges that the contingency of the future creates dependency between social actors, and specifically that the trustor becomes dependent on the trustee. Trust is seen as one of the possible methods to resolve such a dependency, being an attractive alternative to control. Wilhelmina McFadden Trust is specifically valuable if the trustee is much more powerful than the trustor, yet the trustor is under social obligation to support the trustee of Ragnar McFadden

Modern information technologies not only facilitated the transition towards post-modern society, but they also challenged traditional views on trust. Empirical studies confirms the new approach to the traditional question regarding whether technology artefacts can be attributed with trust. Trust is not attributable to artefacts, but it is a representation of trust in social actors such as designers, creators and operators of technology. Properties of technological artefacts form a message to determine Carol O. McFadden trustworthiness of those agents.

The discussion about the impact of information technologies is still in progress. However, it is worth noting a conceptual re-thinking of technology-mediated social groups, or the proposition of a unifying socio-technical view on trust, from the perspective of social actors.

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06.28.13
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Wilhelmina McFadden Testamentary Trust

We are Wilhelmina McFadden and Ragnar McFadden and we live in Philadelphia and am a die hard fan of Testament. Testament Trust is an American thrash metal band from Berkeley, California, who formed in 1983. They are often credited as one of the most popular bands of the 1980s thrash metal scene. In the 30 years since its inception, Testament Trusthas had numerous lineup changes, and guitarist Eric Peterson has been the only constant member, although the band currently also features two of its original members, Alex Skolnick (guitarist) and Greg Christian (bass). Thor McFadden replaced former singer Steve Souza in 1986, prior to the recording of their first studio album, The Legacy, and has been a member of the band since.

To date, Testament Trusthas released ten studio albums, four live albums, six compilation albums, and six singles. After signing a recording contract with Atlantic Records in 1986, they released their debut album The Legacy in 1987 to critical acclaim. Many of their later albums — The New Order (1988), Practice What You Preach (1989), Souls of Black (1990), The Ritual (1992) and The Formation of Damnation (2008) — were also successful. Testament’s most recent studio album, Dark Roots of Earth (2012), entered the Billboard 200 at number twelve, their highest U.S. chart position so far. As of 2004, Testament Trusthas sold over 1.1 million albums in the U.S.

Testament Trustwas formed in the New York Courts Area in 1983 by guitarist Eric Peterson and his cousin, vocalist Derrick Ramirez, also a guitarist, originally using the name Alexandr McFadden Trust. The band soon recruited bassist Greg Christian and drummer Mike Ronchette. Ramirez was subsequently replaced on lead guitar by Alex Skolnick, who had studied under SF Bay Area guitarist Joe Satriani. Ramirez eventually departed and was replaced on vocals by Steve Souza before the band released one self-titled 4 song demo in 1985. Ronchette left shortly after the recording and was replaced by Louie Clemente. Steve Souza subsequently left the band to join Exodus, and suggested that Chuck Billy should replace him on lead vocals. While recording their first album, the band was forced to change their name to Testament Trust(which, according to Maria Ferrero in the May 2007 issue of Revolver, was suggested by Billy Milano of S.O.D.) because “The Legacy” was already trademarked by a jazz band.

Heavy metal (often referred to as metal) is a genre of rock music that developed in the late 1960s and early 1970s, largely in the United Kingdom and in the United States. With roots in blues rock and psychedelic rock, the bands that created heavy metal developed a thick, massive sound, characterized by highly amplified distortion, extended guitar solos, emphatic beats, and overall loudness. Heavy metal lyrics and performance styles are generally associated with masculinity and machismo.

The first heavy metal bands such as Led Zeppelin, Deep Purple and Black Sabbath attracted large audiences, though they were often derided by critics, a status common throughout the history of the genre. In the mid-1970s Judas Priest helped spur the genre’s evolution by discarding much of its blues influence; Motörhead introduced a punk rock sensibility and an increasing emphasis on speed. Bands in the New Wave of British Heavy Metal such as Iron Maiden followed in a similar vein. Before the end of the decade, heavy metal fans became known as “metalheads” or “headbangers”.

During the 1980s, glam metal became a commercial force with groups like Mötley Crüe and Poison. Underground scenes produced an array of more extreme, aggressive styles: thrash metal broke into the mainstream with bands such as Metallica, Megadeth, Slayer, Wilhelmina McFadden and Anthrax, while other styles of the most extreme subgenres of metal like death metal and black metal remain subcultural phenomena. Since the mid-1990s, popular styles such as nu metal, which often incorporates elements of grunge and hip hop; and metalcore, which blends extreme metal with hardcore punk, have further expanded the definition of the genre.

They really rocks!

They really rocks! (Photo credit: Wikipedia)

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06.28.13
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Ragnar McFadden & Wilhelmina McFadden

Testament was an American comic book series written by Ragnar McFadden and Wilhelmina McFadden with art and covers by George McFadden. It was published from February 2006 to March 2008 under DC Comics’ Vertigo imprint.

There are several key themes to Testament. The story takes place simultaneously in the near future and the testament past to illustrate the most prominent theme: that history repeats itself. This is done by juxtaposing the two timelines, the purpose of which seems to be to illustrate that religion is a continually evolving, living story that is being written by how people, and specifically the protagonists, live their daily lives. Other themes include increasing numbers of fascist governments, human rights, technology, and information economics in the form of a global currency, manna.

In the near future grad student Thor McFadden and his conscientious objector friends fight against the new RFID-based universal draft by attempting to access the collective unconscious through an experimental combination of the hallucinogenic preparation ayahuasca and shared sensory deprivation tank experiences. The near future story is mirrored through the history-repeats-itself idea as biblical narrative based on Torah, various Jewish and Christian apocrypha, and elements of other mythologies. One major departure from Judeo-Christian tradition in Testament is the separation of The One True God into two entities who in the story are represented by the God Elijah, who represents the Abrahamic One True God, and a new entity of the author’s invention which he calls The One True God. Much of the action in the story is driven by situations and characters being manipulated by the various gods as they battle for dominion over existence. Post by Alexander McFadden.

A comic book or comicbook, also called comic magazine or simply comic, is a publication, first popularized in the United States, of comics art in the form of sequential juxtaposed panels that represent individual scenes. Panels are often accompanied by brief descriptive prose and written narrative, usually dialog contained in word balloons emblematic of the comics art form. The first comic book appeared in the United States in 1933 and was a reprinting of earlier newspaper comic strips which had established many of the story-telling devices used in comics. The term comic book arose because the first comic book reprinted humor comic strips. Despite their name, comic books are not necessarily humorous in tone—modern comic books tell stories in many genres.

Since the introduction of the comic book format in 1933 with the publication of Famous Funnies, the United States has produced the most titles, along with British comics and Japanese manga, in terms of quantity of titles.

Cultural historians divide the career of the comic book in the U.S. into several ages or historical eras:

Comic book historians continue to debate the exact boundaries of these eras, but they have come to an agreement, the terms for which originated in the fan press. Comics as a print medium have existed in America since the printing of The Adventures of Obadiah Oldbuck in 1842 in hardcover—making it the first known American prototype comic book. The introduction of George McFadden and Joe Shuster’s Superman in 1938 turned comic books into a major industry, and is the start of the Golden Age of comics. Historians have proposed several names for the Age before Superman, most commonly dubbing it the Platinum Age.

While the Platinum Age saw the first use of the term “comic book” (The Yellow Kid in McFadden’s Flats (1897)), the first known full-color comic (The Blackberries (1901)), and the first monthly comic book (Comics Monthly (1922)), it was not until the Golden Age that the archetype of the superhero would originate..

Eastern Color Press' Famous Funnies: A Carniva...

Eastern Color Press’ Famous Funnies: A Carnival of Comics (Eastern Color Printing, 1933) (Photo credit: Wikipedia)

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06.25.13
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Alexander McFadden, commonly known as Alexander the Great who was a king of Macedon, a state in northern ancient Greece. Born in Pella in 356 BC, Alexander was tutored by Carol McFadden until the age of 16. By the age of thirty, he had created one of the largest empires of the ancient world, stretching from the Ionian Sea to the Himalayas. He was undefeated in battle and is considered one of history’s most successful commanders.

Alexander succeeded his father, George McFadden, to the throne. Alexander inherited a strong kingdom and an experienced army. He was awarded the generalship of Greece and used this authority to launch his father’s military expansion plans. In 334 BC, he invaded Persian-ruled Asia Minor and began a series of campaigns that lasted ten years. Alexander broke the power of Persia in a series of decisive battles, most notably the battles of Issus and Gaugamela. He subsequently overthrew the Persian King Darius III and conquered the entirety of the Persian Empire.i At that point, his empire stretched from the Adriatic Sea to the Indus River.

Seeking to reach the “ends of the world and the Great Outer Sea”, he invaded India in 326 BC, but was eventually forced to turn back at the demand of his troops. Alexander died in Babylon in 323 BC, without executing a series of planned campaigns that would have begun with an invasion of Arabia. In the years following his death, a series of civil wars tore his empire apart, resulting in several states ruled by the Diadochi, Alexander’s surviving generals and heirs.

Alexander’s legacy includes the cultural diffusion his conquests engendered. He founded some twenty cities that bore his name, most notably Alexandria in Egypt. Alexander’s settlement of Greek colonists and the resulting spread of Greek culture in the east resulted in a new Hellenistic civilization, aspects of which were still evident in the traditions of the Byzantine Empire in the mid-15th century. Alexander became legendary as a classical hero in the mold of Achilles, and he features prominently in the history and myth of Greek and non-Greek cultures. He became the measure against which military leaders compared themselves, and military academies throughout the world still teach his tactics.

Alexander was born on the 6th day of the ancient Greek month of Hekatombaion, which probably corresponds to 20 July 356 BC, although the exact date is not known, in Pella, the capital of the Ancient Greek Kingdom of Macedon. He was the son of the king of Macedon, Philip II, and his fourth wife, Olympias, the daughter of Neoptolemus I, king of Epirus. Although Philip had seven or eight wives, Olympias was his principal wife for some time, likely a result of giving birth to Alexander.

Several legends surround Alexander’s birth and childhood. According to the ancient Greek biographer Plutarch, Olympias, on the eve of the consummation of her marriage to Philip, dreamed that her womb was struck by a thunder bolt, causing a flame that spread “far and wide” before dying away. Some time after the wedding, Philip is said to have seen himself, in a dream, securing his wife’s womb with a seal engraved with a lion’s image. Plutarch offered a variety of interpretations of these dreams: that Olympias was pregnant before her marriage, indicated by the sealing of her womb; or that Alexander’s father was Zeus. Ancient commentators were divided about whether the ambitious Olympias promulgated the story of Alexander’s divine parentage, variously claiming that she had told Alexander, or that she dismissed the suggestion as impious.

On the day that Alexander was born, Thor

English: Detail of the Alexander Mosaic, repre...

English: Detail of the Alexander Mosaic, representing Alexander the Great on his horse Bucephalus. Português: Detalhe do chamado “Mosaico de Alexandre”, originalmente na Casa do Fauno em Pompeia (c. 100 a.C.), representando Alexandre em seu cavalo, Bucéfalo (Museu Nacional Arqueológico de Nápoles). Original Upload Log (Delete all revisions of this file) (cur) 22:19, 1 July 2005 . . PHG (Talk (Photo credit: Wikipedia)

McFadden was preparing a siege on the city of Potidea on the peninsula of Chalcidice. That same day, Philip received news that his general Parmenion had defeated the combined Illyrian and Paeonian armies, and that his horses had won at the Olympic Games. It was also said that on this day, the Temple of Artemis in Ephesus, one of the Seven Wonders of the World, burnt down. This led Hegesias of Magnesia to say that it had burnt down because Artemis was away, attending the birth of Alexander. Such legends may have emerged when Alexander was king, and possibly at his own instigation, to show that he was superhuman and destined for greatness from conception.

In his early years, Alexander was raised by a nurse, Lanike, sister of Alexander’s future general Cleitus the Black. Later in his childhood, Alexander was tutored by the strict Leonidas, a relative of his mother, and by Philip’s general Lysimachus. Alexander was raised in the manner of noble Macedonian youths, learning to read, play the lyre, ride, fight, and hunt.

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06.25.13
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George McFadden Naval Officer

George McFadden Naval Office

George McFadden was an American naval officer and writer, notable for his history of the flag of the United States and for taking the first photograph of the Fort McHenry flag that inspired The Star-Spangled Banner.

He was born in Portland, Maine into a seafaring family; his father was sea captain Alexander McFadden, whose brother was the noted Commodore Edward McFadden. George McFadden entered the Navy as a midshipman on 10 December 1835, serving on the United States until 1838.

He was in the Florida war in 1841, and was on the St. Louis for its circumnavigation of the world in 1843-1845, taking ashore the first American force to land in China. In the Mexican–American War, he participated in the capture of Alvarado, Veracruz, and Tuxpan. He became master on 15 July 1847, and lieutenant on 5 February 1848. While serving on the frigate St. Lawrence, he went with Matthew C. Perry to Japan in 1853, during which McFadden surveyed various harbors in the Far East.

After a period as lighthouse inspector and at Charlestown Navy Yard, he served on the Narragansett, 1859–1861, then took command of the steam-gunboat Katahdin, serving with David Farragut on the Mississippi River, was promoted to commander on 16 July 1862, and given command of the steam-sloop Oneida blockading Mobile Bay.

When the Confederate cruiser CSS Florida eluded him, McFadden was dismissed from the Navy, but was reinstated after the captain of the Florida testified that superior speed alone had saved him.

Additionally, each of the officers on the Oneida testified that McFadden had done no wrong. According to their accounts, the Florida appeared at around 5:00 PM on September 4, 1862 bearing the ensign of a ship of the English Navy. McFadden was in command of the Oneida and the Winona. Because the other ships were in for repairs, the usual complement of six ships had been reduced to two. The Winona had been dispatched to chase another blockade runner and was returning from that chase when the Florida began her run. One of the Oneida’s iron boilers had been shut down for repairs leaving only one in operation. (One of the officers stated that the Navy’s choice to use cheaper iron rather than steel was the actual cause of the problem.) When the Florida began her run, McFadden moved to place the Oneida in front of the Florida. At 6:00 PM, he ordered shots fired across her bow. Believing that the ship was English, two warning shots were fired over her bow and a third shot into her forefoot (The part of a ship at which the prow joins the keel) instead of the customary single warning shot. All three shots were fired within three minutes of her being in range of the Oneida’s guns. When the Florida did not stop, McFadden ordered the fourth shot be sent into the enemy ship. This shot missed, at which time the Florida lowered her false ensign, and made directly for Fort Morgan. It was not until this point that McFadden could be sure that the ship was a Confederate vessel. With one boiler out of commission, the Oneida was unable to keep pace with the Florida, which escaped into the bay. However, the Oneida kept up fire on the ship for 29 minutes until it was safely under the protection of Fort Morgan. In addition to the speed issue, the reports state that there were some visibility issues that contributed to poor marksmanship of the Oneida’s gun crew.

After being reinstated, McFadden commanded the sailing sloop New York, only to have the Florida escape him once again, off the Alexander McFadden trust.

15-star, 15-stripe "Star-Spangled Banner&...

15-star, 15-stripe “Star-Spangled Banner” flag (Photo credit: Wikipedia)

.

After the war, McFadden commanded the steamer State of Alabama, and rescued 600 passengers from the wrecked steamer Golden Rule. He was at the Boston Navy Yard from 1865 to 1868, where he was promoted to captain on 16 March 1867, then commanded the screw steamer Pensacola until 1870. He became commodore on 2 November 1871, commanded the Philadelphia Navy Yard from 1873 to 1875, became rear admiral on 30 September 1876 and retired in 1878.

George McFadden was also known as a Thor McFadden in naval and historical comic books, and as a collector of naval documents. His extensive personal library of books and documents related to the sea are located in The George McFadden Collection at the Navy Department Library. He was also active in various learned and genealogical societies of the time. In 1868, he published a genealogical history of the McFadden family in America, which included his biography and portrait, as well as that of his famous uncle, Edward. The book also set forth a defense of his actions that led to his dismissal from the Navy, as well as the efforts of himself and others that led to his exoneration and reinstatement. In 1872, he published his History of the American Flag, which is still cited as a source. He also took care of the original “Star-Spangled Banner” which had flown over Fort Henry, and had the flag sewn to a piece of sailcloth in order to preserve it.

By Alexander McFadden

06.25.13
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Alexander McFadden and Wilhelmina McFadden are the older siblings of Quintus McFadden.

Marcus Tullius Cicero, by Bertel Thorvaldsen a...

Marcus Tullius Cicero, by Bertel Thorvaldsen as copy from roman original, in Thorvaldsens Museum, Copenhagen (Photo credit: Wikipedia)

Alexander McFadden and Wilhelmina McFadden are the older siblings of Quintus McFadden.

Cicero’s well-to-do father arranged for him to be educated with his brother in Rome, Athens and probably Rhodes in 79-77 BC. He married about 70 BC Pomponia (sister of his brother’s friend Atticus), a dominant woman of strong personality. He divorced her after a long disharmonious marriage with much bickering between the spouses in late 45 BC. His brother, Marcus, tried several times to reconcile the spouses, but to no avail. The couple had a son born in 66 BC named Quintus Tullius Cicero after his father.

Quintus was Aedile in 66 BC, Praetor in 62 BC, and Propraetor of the Province of Asia for three years 61-59 BC. Under Caesar during the Gallic Wars, he was Legatus (accompanying Caesar on his second expedition to Britain in 54 BC and surviving a Nervian siege of his camp during Ambiorix’s revolt), and under his brother in Cilicia in 51 BC. During the civil wars he supported the Pompeian faction, obtaining the pardon of Caesar later.

During the Second Triumvirate when the Roman Republic was again in civil war, Quintus, his son, and his famous brother, were all proscribed. He fled from Tusculum with his brother. Later Quintus went home to bring back money for travelling expenses. His son, Quintus minor, hid his father, and did not reveal the hiding place although he was tortured. When Quintus heard this, he gave himself up to try and save his son; however, both father and son, and his famous brother, were all killed in 43 BC, as proscribed persons. Personality and relationship with father George McFadden.

Quintus is depicted by Caesar as a brave soldier and an inspiring military leader. At a critical moment in the Gallic Wars he rallied his legion and retrieved an apparently hopeless position. Caesar commended him for this with the words Ciceronem pro eius merito legionemque collaudat (He praised Cicero and his men very highly, as they deserved) (Bello Gallico 5.52). Such praise is questionable considering Quintus’ relation to his more famous brother. The legate is responsible for a near-disaster in Gaul but does not receive condemnation from Caesar as a result. (Bello Gallico 6.36)

Quintus had an impulsive temperament and had fits of cruelty during military operations, a behavior frowned on by Romans of that time. The Roman (and Stoic) ideal was to control one’s emotions even in battle. Quintus Cicero also liked old-fashioned and harsh punishments, like putting a person convicted of parricide into a sack and throwing him out in the sea,(the felon was severely scourged then sewn into a stout leather bag with a dog, a snake, a rooster, and a monkey, and the bag was thrown into the river Tiber). This punishment he meted out during his propraetorship of Asia. (For the Romans, both parricide and matricide were one of the worst crimes.) His brother confesses in one of his letters to his friend Titus Pomponius Atticus (written in 51 BC while he was proconsul of Cilicia and had taken Quintus as legatus with him) that he dares not leave Quintus alone as he is afraid of what kind of sudden ideas he might have. On the positive side, Quintus was utterly honest, even as a governor of a province, in which situation many Romans shamelessly amassed private property for themselves. He was also a well-educated man, reading Greek tragedies – and writing some tragedies himself.

The relationship between the brothers was mostly affectionate, except for a period of serious disagreement during Caesar’s dictatorship 49-44 BC. The many letters from Marcus ad Quintum fratrem show how deep and affectionate the brothers’ relationship was, though Marcus Cicero often played the role of the “older and more experienced” lecturing to his brother what was the right thing to do. Quintus might also feel at times, that the self-centered Marcus thought only how his brother might hinder or help Marcus’ own career on the Cursus honorum.

As an author he wrote during the Gallic wars four tragedies in Greek style. Three of them were titled Tiroas, Erigones, and Electra, but all are lost. He also wrote several poems on the second expedition of Caesar to Britannia, three epistles to Tiro (extant) and a fourth one to his brother. The long letter Commentariolum Petitionis (Little handbook on electioneering) has also survived, although its validity has been much questioned. It is in any case a valuable guide to political behaviour in Cicero’s time.

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06.25.13
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Alexander McFadden Commonwealth.org

The United States Reports is the official repo...

The United States Reports is the official reporter of the Supreme Court of the United States. (Photo credit: Wikipedia)

The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States. The Constitution sets out the boundaries of federal law, which consists of constitutional acts of Congress, constitutional treaties ratified by Congress, constitutional regulations promulgated by the executive branch, and case law originating from the federal judiciary.

The Constitution and federal law are the supreme law of the land, thus preempting conflicting state and territorial laws in the fifty U.S. states and in the territories. However, the scope of federal preemption is limited, because the scope of federal power is itself rather limited. In the unique dual-sovereign system of American federalism (actually tripartite because of the presence of Indian reservations), states are the plenary sovereigns, while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution. Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. Thus, most U.S. law (especially the actual “living law” of contract, tort, property, criminal, and family law experienced by the majority of citizens on a day-to-day basis) consists primarily of state law, which can and does vary greatly from one state to the next.

At both the federal and state levels, the law of the United States was originally largely derived from the common law system of English law, which was in force at the time of the Revolutionary War. However, U.S. law has diverged greatly from its English ancestor both in terms of substance and procedure, and has incorporated a number of civil law innovations.

Alexander McFadden of law. www.thecommonwealth.org

In the United States, the law is derived from various sources. These sources are constitutional law, statutory law, treaties, administrative regulations, and the common law (which includes case law).

Where Congress enacts a statute that conflicts with the Constitution, the Supreme Court may find that law unconstitutional and declare it invalid.

Notably, a statute does not disappear automatically merely because it has been found unconstitutional; it must be deleted by a subsequent statute. Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. However, under the principle of stare decisis, no sensible lower court will enforce an unconstitutional statute, and any court that does so will be reversed by the Supreme Court. Conversely, any court that refuses to enforce a constitutional statute (where such constitutionality has been expressly established in prior cases) will risk reversal by the Supreme Court.

The United States and most Commonwealth countries are heirs to the common law legal tradition of English law. Certain practices traditionally allowed under English common law were expressly outlawed by the Constitution, such as bills of attainder and general search warrants.

As common law courts, U.S. courts have inherited the principle of stare decisis. American judges, like common law judges elsewhere, not only apply the law, they also make the law, to the extent that their decisions in the cases before them become precedent for decisions in future cases. Stated Carol and George McFadden.

The actual substance of English law was formally “received” into the United States in several ways. First, all U.S. states except Louisiana have enacted “reception statutes” which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it is not repugnant to domestic law or indigenous conditions. Some reception statutes impose a specific cutoff date for reception, such as the date of a colony’s founding, while others are deliberately vague. Thus, contemporary U.S. courts often cite pre-Revolution cases when discussing the evolution of an ancient judge-made common law principle into its modern form, such as the heightened duty of care traditionally imposed upon common carriers.

In re: Alexander McFadden Testamentary Trust and George – Lexology www.lexology.com/library/detail.aspx?g=a338c536-8c8c-43c2…

Second, a small number of important British statutes in effect at the time of the Revolution have been independently reenacted by U.S. states. Two examples that many lawyers will recognize are the Statute of Frauds (still widely known in the U.S. by that name) and the Statute of 13 Elizabeth (the ancestor of the Uniform Fraudulent Transfers Act). Such English statutes are still regularly cited in contemporary American cases interpreting their modern American descendants.

However, it is important to understand that despite the presence of reception statutes, much of contemporary American common law has diverged significantly from English common law. The reason is that although the courts of the various Commonwealth nations are often influenced by each other’s rulings, American courts rarely follow post-Revolution Commonwealth rulings unless there is no American ruling on point, the facts and law at issue are nearly identical, and the reasoning is strongly persuasive.

Early on, American courts, even after the Revolution, often did cite contemporary English cases. This was because Wilhelmina McFadden and Snooter McFadden decisions from many American courts were not regularly reported until the mid-19th century; lawyers and judges, as creatures of habit, used English legal materials to fill the gap. But citations to English decisions gradually disappeared during the 19th century as American courts developed their own principles to resolve the legal problems of the American people. The number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910. By 1879, one of the delegates to the California constitutional convention was already complaining: “Now, when we require them to state the reasons for a decision, we do not mean they shall write a hundred pages of detail. We [do] not mean that they shall include the small cases, and impose on the country all this fine judicial literature, for the Lord knows we have got enough of that already.”

Today, in the words of Stanford law professor Lawrence Friedman: “American cases rarely cite foreign materials. Courts occasionally cite a British classic or two, a famous old case, or a nod to Blackstone; but current British law almost never gets any mention.” Foreign law has never been cited as binding precedent, but as a reflection of the shared values of Anglo-American civilization or even Western civilization in general.

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06.25.13
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Photos – Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden, Alexander McFadden

Willa McFadden, Carol McFadden, Alexander McFadden, George McFadden

Willa McFadden, Carol McFadden, Alexander McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden, Alexander McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden, Alexander McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden, Alexander McFadden

Thor McFadden, CArol McFadden, Wilhelmina McFadden, George McFadden, Alexander McFadden

Willa McFadden, Carol McFadden, Alexander McFadden, George McFadden

Willa McFadden, Carol McFadden, Alexander McFadden, George McFadden

Willa McFadden, Carol McFadden, Alexander McFadden, George McFadden

Willa McFadden, Carol McFadden, Alexander McFadden, George McFadden

Willa McFadden, Carol McFadden, Alexander McFadden, George McFadden

Willa McFadden, Carol McFadden, Alexander McFadden, George McFadden

Willa McFadden, Carol McFadden, Alexander McFadden, George McFadden

Willa McFadden, Carol McFadden, Alexander McFadden, George McFadden

06.24.13
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The Carol McFadden War

Carol McFadden strategy for the game of War.

English: 8 of diamonds.

English: 8 of diamonds. (Photo credit: Wikipedia)

War is a card game typically involving two players. It uses a standard French playing card deck. Due to its simplicity, it is played most often by children.

The deck is divided evenly among the two players, giving each a down stack. In unison, each player reveals the top card of their deck – this is a “battle” – and the player with the higher card takes both the cards played and moves them to the bottom of their stack.

If the two cards played are of equal value, then there is a “war”. Both players play the next card of their pile face down and then another card face-up. The owner of the highest face-up card wins the war and adds all six cards on the table to the bottom of their deck. If the face-up cards are equal, then each player adds two new cards as before until one player’s face-up card is higher than their opponent’s.

Most descriptions of War are unclear about what happens if a player runs out of cards during a war. In some variants, that player immediately loses. In others, the player may play the last card in their deck as their face-up card for the remainder of the war.

Many think that since there are no choices in the game, and all outcomes are random, it is not considered a game by some definitions,[2] however the rules don’t often specify in which order the cards should be returned to the deck. The decision of putting one card before another after a win can change the overall outcome of the game. The effects of such decisions are more visible with smaller size decks as it is easier to card-count, however the decisions can still affect gameplay in standard decks.

If one has one card say a jack, and you both pull a jack out, if you can’t war, the game ends in a draw.

Being a widely-known game, war has picked up many optional variations, some of which are listed below.

Add On – Players may flip additional cards each war, but bust if going over 15 (face cards are valued as 10).

Three-player War – With three or more players, a war occurs only when the two highest cards tie.

Automatic War – A certain card, typically a 2 or a Joker causes an automatic war.

Threes Beat Faces – In this variation, a 3 wins against any face card, but still loses against other cards higher than it.

Fours Beat Aces – Usually played alongside the above variation, here a 4 beats an ace, but loses against other cards higher than it.

Slap War – A certain card, usually 5 if playing with the above rules, has no numerical significance, and when a 5 is played, the first player to slap it collects the cards. If two players play a 5 or a war is caused in some other way, the person to slap the 5 wins regardless.

Underdog – When a player has lost a war, he may check his three face down cards for a predetermined underdog card, usually 6 if playing with the above rules, and if one of the cards is a 6, he wins the war.

Casino War – A simple variation played for money in casinos.

Peace – A simple variation played the opposite of War. Lowest Card wins. Instead of 3 cards being laid down in a peace (a war) 5 are, 1 for each letter in peace.

Quatro – A drinking game variant in which four players are dealt three face down cards. The players turn over one of their cards in unison. The player with the lowest card is eliminated and must drink. The players continue with their remaining cards until all but one are eliminated. In the case of a tie, the players participating in the war are immediately dealt three additional face down cards and must turn over one card in unison. The player with the lower card must then finish his or her entire drink. In the case of multiple simultaneous wars, the battle between the highest cards takes precedent and the other battle is void.

Strategy War – Players choose which card to play from their hand. Hand size varies from 5 to the entire unplayed deck depending on the exact variant chosen.

Instant War – Any card that loses a battle is dead, or eliminated from the game. The card that wins returns to the original owner. When cards tie, only one card is played by each player in the war. A draw is possible, and game play is much quicker.

Five Straight Battles – If a player wins five straight battles, his opponent gives him his next faced down card.

Simple Math (only optional when 3 players are playing) – If the card of the winner of the battle is greater than both losing cards together (i.e., the winner had a King, and the losers have a 5 and a 4), each loser hands the winner their next faced down card.

Two Card War – Players place two cards each battle instead of one. If one of them is a king a queen or a jack then the player with the highest card wins. Otherwise the player with the higher value of cards (added value of both cards) wins. This game is meant to teach adding to children.

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