Personal Jurisdiction in the Bankruptcy Context: A Need for Reform

This Article analyzes and evaluates the debate concerning a bankruptcy court\u27s ability to assert personal jurisdiction over a foreign entity. Additionally, this Article advocates that the Bankruptcy Rules be amended to conform to the new federal long-arm statute, FRCP 4. More specifically, this Article asserts and demonstrates that: (1) the current status of the law in bankruptcy cases regarding personal jurisdiction is uncertain; (2) prior to the 1993 amendments to FRCP 4, some courts improperly broadened the jurisdiction of bankruptcy courts by allowing them to assert power over defendants by focusing on a defendant\u27s nationwide contacts as opposed to contacts with the forum state; and (3) in light of the new expansion of FRCP 4, Congress should enact a parallel version of the federal long-arm statute in Rule 7004(e).Part I of this Article outlines the Supreme Court\u27s standard on personal jurisdiction, thereby exploring the nature of service of process and personal jurisdiction, both in general civil litigation and in bankruptcy litigation. Part II of this Article analyzes and distinguishes the approaches courts have utilized in assessing whether bankruptcy courts may use aggregate nationwide contacts when asserting jurisdiction over a foreign defendant. Finally, Part III of this Article recommends that Rule 7004 be updated to reflect changes in the amended version of FRCP 4. By enacting the federal long-arm statute in FRCP 4(k)(2), Congress closed a loophole through which foreign defendants were permitted to conduct business in the United States while evading legal responsibility for their actions in the United States. As a result, the Bankruptcy Rules should follow the trend the 1993 amendments to FRCP 4 began by closing this parallel loophole in the bankruptcy context. Explicit expansion of Rule 7004(e)\u27s scope, to encompass foreign defendants as amenable to service under a federal long-arm statute, would prevent the existing judicial error in interpretation from continuing. Personal Jurisdiction, Bankruptcy, Rule 700

The Easy Case for Derivatives Use: Advocating a Corporate Fiduciary Duty to Use Derivatives

This Article hypothesizes that directors have a duty to shareholders to investigate and evaluate how derivatives could minimize risk to their organization. Even more, corporations have a duty to use derivatives if overall portfolio risk will thereby be reduced. Part I of this Article defines and describes the major types of derivatives and explains how and why they are used. Part II investigates the risks of derivatives, comparing these risks to other investment instruments. Part III introduces a new conceptualization of derivatives through exploration of three issues surrounding their use: (1) brokers\u27 liabilities to investors when financial losses result; (2) corporate liability to shareholders for losses; and (3) the possibility that in certain contexts, a corporation has a duty to its shareholders to use derivatives to manage business risk. Part IV proposes a risk management strategy designed to minimize the inherent risks of derivatives and to maximize their advantages in managing ordinary business risk. Part V concludes with a look to the future of derivatives. Derivatives, Duty, Risk Minimizatio

The Easy Case for Derivatives Use: Advocating a Corporate Fiduciary Duty to Use Derivatives

This Article hypothesizes that directors have a duty to shareholders to investigate and evaluate how derivatives could minimize risk to their organization. Even more, corporations have a duty to use derivatives if overall portfolio risk will thereby be reduced. Part I of this Article defines and describes the major types of derivatives and explains how and why they are used. Part II investigates the risks of derivatives, comparing these risks to other investment instruments. Part III introduces a new conceptualization of derivatives through exploration of three issues surrounding their use: (1) brokers\u27 liabilities to investors when financial losses result; (2) corporate liability to shareholders for losses; and (3) the possibility that in certain contexts, a corporation has a duty to its shareholders to use derivatives to manage business risk. Part IV proposes a risk management strategy designed to minimize the inherent risks of derivatives and to maximize their advantages in managing ordinary business risk. Part V concludes with a look to the future of derivatives. Derivatives, Duty, Risk Minimizatio

TRL Assessment of Solar Sail Technology Development Following the 20-Meter System Ground Demonstrator Hardware Testing

The NASA In-Space Propulsion Technology (ISPT) Projects Office has been sponsoring 2 separate, independent system design and development hardware demonstration activities during 2002-2005. ATK Space Systems of Goleta, CA was the prime contractor for one development team and L'Garde, Inc. of Tustin, CA was the prime contractor for the other development team. The goal of these activities was to advance the technology readiness level (TRL) of solar sail propulsion from 3 towards 6 by the year 2006. Component and subsystem fabrication and testing were completed successfully, including the ground deployment of 10-meter and 20-meter ground demonstration hardware systems under vacuum conditions. The deployment and structural testing of the 20-meter solar sail systems was conducted in the 30 meter diameter Space Power Facility thermal-vacuum chamber at NASA Glenn Plum Brook in April though August, 2005. This paper will present the results of the TRL assessment following the solar sail technology development activities associated with the design, development, analysis and testing of the 20-meter system ground demonstrators. Descriptions of the system designs for both the ATK and L'Garde systems will be presented. Changes, additions and evolution of the system designs will be highlighted. A description of the modeling and analyses activities performed by both teams, as well as testing conducted to raise the TRL of solar sail technology will be presented. A summary of the results of model correlation activities will be presented. Finally, technology gaps identified during the assessment and gap closure plans will be presented, along with "lessons learned", subsequent planning activities and validation flight opportunities for solar sail propulsion technology

Augmenter of liver regeneration enhances the success rate of fetal pancreas transplantation in rodents

Background. Treatment of fetal pancreas (FP) isografts with insulin- like growth factor-I greatly improves the rate of conversion to euglycemia in diabetic rats. Complete knowledge of other factors that may facilitate the engraftment and function of FP in vivo is still embryonic. Augmenter of liver regeneration (ALR) is a newly described polypeptide growth factor found in weanling rat livers. ALR has trophic effects on regenerating liver. We studied the effects of in situ administration of this agent on FP isografts in rats. Methods. Streptozotocin-diabetic Lewis rats (blood glucose >300 mg/dl) received 16 FP isografts transplanted intramuscularly. ALR was delivered from day 1 through day 14, in doses of 40 or 400 ng/kg/d. Animals were followed for 3 months with serial weights and blood glucose monitoring. These animals were compared with those treated with vehicle alone. Results. Of the group treated with ALR at 40 ng/kg/day for 14 days, 89% (eight of nine) were euglycemic (P=0.0003). Of the group treated with ALR at 400 ng/kg/day for 14 days, 88% (seven of eight) were euglycemic (P=0.0007). Of the group treated with vehicle alone, none of the six were euglycemic. Euglycemia is defined here as glucose<200 mg/dl for 3 days. Pathology of the intramuscular transplant site showed patches of islet tissue embedded in fat. These patches demonstrated insulin immunoreactivity. Conclusions. Diabetes was reversed in a significantly greater proportion of FP + ALR-treated recipients than those animals treated with vehicle alone. Local delivery of growth factors my be used as an adjunct to FP transplantation to improve the rate of success. This in situ model may be useful to further evaluate other soluble factors

Mercury Sample Return using Solar Sails

A conventional Mercury sample return mission requires significant launch mass due to the large deltav required for the outbound and return trips, and the large mass of a planetary lander and ascent vehicle. Solar sailing can be used to reduce lander mass allocation by delivering the lander to a low, thermally safe orbit close to the terminator. Propellant mass is not an issue for solar sails so a sample can be returned relatively easily, without resorting to lengthy, multiple gravity assists. The initial Mercury sample return studies reported here were conducted under ESA contract ESTEC/16534/02/NL/NR, PI Colin McInnes, Technical Officer Peter Falkner. Updated solar sail capabilities were developed under the Ground System Demonstration program, funded by the NASA's In-Space Propulsion Technology (ISPT) Program

Superconducting Films for Absorber-Coupled MKID Detectors for Sub-Millimeter and Far-Infrared Astronomy

We describe measurements of the properties, at dc, gigahertz, and terahertz frequencies, of thin (10 nm) aluminum films with 10 ohm/{rm square}$ normal state sheet resistance. Such films can be applied to construct microwave kinetic inductance detector arrays for submillimeter and far-infrared astronomical applications in which incident power excites quasiparticles directly in a superconducting resonator that is configured to present a matched-impedance to the high frequency radiation being detected. For films 10 nm thick, we report normal state sheet resistance, resistance-temperature curves for the superconducting transition, quality factor and kinetic inductance fraction for microwave resonators made from patterned films, and terahertz measurements of sheet impedance measured with a Fourier Transform Spectrometer. We compare properties with similar resonators made from niobium 600 nm thick

A Deployment of Voice-over-IP Using Lone

Computational biologists agree that multimodal epistemologies are an interesting new topic in the field of robotics, and cyberneticists concur. After years of significant research into interrupts, we prove the investigation of object-oriented languages. We present new collaborative archetypes, which we call Lone

TRL Assessment of Solar Sail Technology Development Following the 20-Meter System Ground Demonstrator Hardware Testing

The NASA In-Space Propulsion Technology (ISPT) Projects Office has been sponsoring 2 separate, independent system design and development hardware demonstration activities during 2002-2005. ATK Space Systems of Goleta, CA was the prime contractor for one development team and L'Garde, Inc. of Tustin, CA was the prime contractor for the other development team. The goal of these activities was to advance the technology readiness level (TRL) of solar sail propulsion from 3 towards 6 by the year 2006. Component and subsystem fabrication and testing were completed successfully, including the ground deployment of 10-meter and 20-meter ground demonstration hardware systems under vacuum conditions. The deployment and structural testing of the 20-meter solar sail systems was conducted in the 30 meter diameter Space Power Facility thermal-vacuum chamber at NASA Glenn Plum Brook in April though August, 2005. This paper will present the results of the TRL assessment following the solar sail technology development activities associated with the design, development, analysis and testing of the 20-meter system ground demonstrators. Descriptions of the system designs for both the ATK and L'Garde systems will be presented. Changes, additions and evolution of the system designs will be highlighted. A description of the modeling and analyses activities performed by both teams, as well as testing conducted to raise the TRL of solar sail technology will be presented. A summary of the results of model correlation activities will be presented. Finally, technology gaps identified during the assessment and gap closure plans will be presented, along with "lessons learned", subsequent planning activities and validation flight opportunities for solar sail propulsion technology

NanoSail-D

The "NanoSail-D" mission is currently scheduled for launch onboard a Falcon-1 Launch Vehicle in the early June 2008 timeframe. The NanoSail-D spacecraft will consist of a solar sail subsystem stowed in a 2U volume and a 1U spacecraft bus, provided by Ames Research Center. The primary objectives of the NanoSail-D technology demonstration mission are to fabricate, stow and deploy on-orbit a solar sail and perform a de-orbit maneuver to demonstrate a potential orbital debris mitigation technology. The NanoSail-D mission is being developed through a collaborative effort between the NASA Marshall Space Flight Center and the NASA Ames Research Center Small Spacecraft Office. Details of the NanoSail-D system will be presented, including: 1) design details of the solar sail reflective membrane quadrants, gossamer booms, deployment system and passive attitude control system, 2) design analysis results including structural, thermal, environmental, orbital debris and safety, and 3) test results including deployment, ascent venting, launch vibration and PPOD integration verification