State Court Jurisdiction over Claims Arising under Federal Law

The division of the American legal process into two complete and distinct judicial systems, state and federal, has the potential to lead and, indeed, has led to some problems and disputes between courts at the state and federal level. The recent tug-of-war between a Louisiana state judge and a United States District Judge over the custody and school for two school children in Louisiana was a much publicized case of a jurisdictional dispute. Such disputes between state and federal courts over their proper jurisdiction typically do not generate the media coverage of this Louisiana dispute and involve issues of greater subtlety than it. Some of the more typical issues or problems arise when a claim involves both a right created or protected by state law and one created or protected by federal law. In such an event, if the complaint is first brought in the federal court, the federal court can maintain jurisdiction over the state issue as well as the federal issue by asserting either its ancillary or its pendent jurisdiction. But an assertion of ancillary or pendent jurisdiction is discretionary. An alternative, especially if the state claim is based on an unsettled issue in the state law, is for the federal court to abstain until the state issue has been fully adjudicated. Another source of problems has been the attempt to litigate a right created under one authority (either state or federal) in the court of the other authority\u27s jurisdiction. Certainly the United States Constitution recognizes that federal courts will hear cases involving claims based on state law. This diversity jurisdiction now requires that the federal court, in effect, act as if it were a state court by applying the law of the particular state in which it sits. The reverse of this situation is when a state court is asked to hear a case in which the claim is based upon federal law. As Professor Charles Alan Wright has said, “Unless it has made federal jurisdiction exclusive in terms, the state courts have concurrent jurisdiction with the federal courts. Thus a state court may entertain an action even though it is entirely based on a federal claim.” Yet state courts have sometimes attempted to avoid hearing a case or deciding an issue based upon federal law by claiming lack of jurisdiction. Such attempts frequently involve rights created under controversial federal laws or rights protected under regionally unpopular federal laws

S.B. 174: Ohio Defines a New Standard of Care for Corporate Directors

A definition of a corporate director\u27s legal duty and corresponding potential for personal liability involves a delicate balance. Such a definition should insure that the corporation\u27s directors will adequately represent the shareholders\u27 interests, yet it must not so rigidly impose liability on the directors that talented individuals will be discouraged from becoming directors. At the same time, some certainty in the application of a standard may be as important for directors as a lack of rigidity. The Ohio legislature has used The Model Business Corporations Act as its source in an effort to achieve this balance through Senate Bill 174. S.B. 174 creates a statutory standard of care for directors of business corporations and for trustees of nonprofit corporations. This statutory standard of care has expanded upon the standard of care already present in Ohio case law. Although directors and trustees of corporations already had the authority to create a committee or committees of directors or trustees, S.B. 174 extends to these committees of directors and committees of trustees the privilege of holding meetings via electronic communications equipment. This privilege has already been granted the full board of directors and board trustees. In addition, the bill recognizes that much of the day-to-day authority for running the corporation has been delegated by the directors or trustees to the officers and employees of the corporation. The bill also contains a new provision that allows contracts between an interested trustee and the nonprofit corporation he serves. This addition to Ohio law regarding nonprofit corporations parallels an already existing provision regarding business corporations

The Effect of CardioWaves Interval Training on Resting Blood Pressure, Resting Heart Rate, and Mind-Body Wellness

International Journal of Exercise Science 9(1): 89-100, 2016. An experimental study to examine the effects of CardioWaves interval training (CWIT) and continuous training (CT) on resting blood pressure, resting heart rate, and mind-body wellness. Fifty-two normotensive (blood pressure \u3c120/80 mmHg), pre-hypertensive (120–139/80–89 mmHg), and hypertensive (\u3e140/90 mmHg) participants were randomly assigned and equally divided between the CWIT and CT groups. Both groups participated in the assigned exercise protocol 30 minutes per day, four days per week for eight weeks. Resting blood pressure, resting heart rate, and mind-body wellness were measured pre- and post-intervention. A total of 47 participants (15 females and 32 males) were included in the analysis. The CWIT group had a non-significant trend of reduced systolic blood pressure (SBP) and increased diastolic blood pressure (DBP) while the CT group had a statistically significant decrease in awake SBP (p = 0.01) and total SBP (p = 0.01) and a non-significant decrease in DBP. With both groups combined, the female participants had a statistically significant decrease in awake SBP (p = 0.002), asleep SBP (p = 0.01), total SBP (p = 0.003), awake DBP (p = 0.02), and total DBP (p = 0.05). The male participants had an increase in SBP and DBP with total DBP showing a statistically significant increase (p = 0.05). Neither group had a consistent change in resting heart rate. Both groups showed improved mind-body wellness. CWIT and CT reduced resting blood pressure, with CT having a greater effect. Resting heart rate did not change in either group. Additionally, both CWIT and CT improved mind-body wellness

The Grizzly, March 26, 1990

Wismer Plans Alternatives • Reaction to Idaho Law • 101 Blaze Update • Letters: Cleaning Service Working?; Fix, Please! • Broaden our Horizons • Sex and Religion • Doughty Discusses Seminar • Time is Now for Men\u27s Lacrosse • Bears Win First • Track Team Beats the Cold • Hackers No More • Tennis Sweep • Bears Roll • Comedy Plays at Ritter • This Week\u27s Video Reviews • Fun With Jell-Ohttps://digitalcommons.ursinus.edu/grizzlynews/1255/thumbnail.jp

Immunohistochemical Identification of Human Skeletal Muscle Macrophages

Macrophages have well-characterized roles in skeletal muscle repair and regeneration. Relatively little is known regarding the role of resident macrophages in skeletal muscle homeostasis, extracellular matrix remodeling, growth, metabolism and adaptation to various stimuli including exercise and training. Despite speculation into macrophage contributions during these processes, studies characterizing macrophages in non-injured muscle are limited and methods used to identify macrophages vary. A standardized method for the identification of human resident skeletal muscle macrophages will aide in the characterization of these immune cells and allow for the comparison of results across studies. Here, we present an immunohistochemistry (IHC) protocol, validated by flow cytometry, to distinctly identify resident human skeletal muscle macrophage populations. We show that CD11b and CD206 double IHC effectively identifies macrophages in human skeletal muscle. Furthermore, the majority of macrophages in non-injured human skeletal muscle show a ‘mixed’ M1/M2 phenotype, expressing CD11b, CD14, CD68, CD86 and CD206. A relatively small population of CD11b+/CD206- macrophages are present in resting skeletal muscle. Changes in the relative abundance of this population may reflect important changes in the skeletal muscle environment. CD11b and CD206 IHC in muscle also reveals distinct morphological features of macrophages that may be related to the functional status of these cells

The Grizzly, October 7, 1988

Berman Art Center Breaks Ground • Pledging Undergoes Changes • Welcome Home Alumni! • Letter: Honor Code Discussion Revived • Giving Garbage the Dump • Jazz: Basie Style • Ursinus Presents: A Voice of My Own • On the Forum Front • Mistake Free Bears Get First Win • Field Hockey Making Gains • Soccer Gains Respect • Annual Run Offers Health and Fun • 1988 Homecoming Queen Candidates • Sherman Strutting Stuff • Intramural Results Announced • U.C. Welcomes Gilbert\u27s Enthusiasm • Cycling Club Returns • Campbell: Not Your Typical Bowl of Soup • Econ: Economopolis • Professor LoBue Introduces New Chemistry in Pfahler • Discover Discover! • U.C. Students Study Better Late Than Neverhttps://digitalcommons.ursinus.edu/grizzlynews/1219/thumbnail.jp

A Survey of Honey Bee Colony Losses in the U.S., Fall 2007 to Spring 2008

Honey bees are an essential component of modern agriculture. A recently recognized ailment, Colony Collapse Disorder (CCD), devastates colonies, leaving hives with a complete lack of bees, dead or alive. Up to now, estimates of honey bee population decline have not included losses occurring during the wintering period, thus underestimating actual colony mortality. Our survey quantifies the extent of colony losses in the United States over the winter of 2007–2008.Surveys were conducted to quantify and identify management factors (e.g. operation size, hive migration) that contribute to high colony losses in general and CCD symptoms in particular. Over 19% of the country's estimated 2.44 million colonies were surveyed. A total loss of 35.8% of colonies was recorded; an increase of 11.4% compared to last year. Operations that pollinated almonds lost, on average, the same number of colonies as those that did not. The 37.9% of operations that reported having at least some of their colonies die with a complete lack of bees had a total loss of 40.8% of colonies compared to the 17.1% loss reported by beekeepers without this symptom. Large operations were more likely to have this symptom suggesting that a contagious condition may be a causal factor. Sixty percent of all colonies that were reported dead in this survey died without dead bees, and thus possibly suffered from CCD. In PA, losses varied with region, indicating that ambient temperature over winter may be an important factor.Of utmost importance to understanding the recent losses and CCD is keeping track of losses over time and on a large geographic scale. Given that our surveys are representative of the losses across all beekeeping operations, between 0.75 and 1.00 million honey bee colonies are estimated to have died in the United States over the winter of 2007–2008. This article is an extensive survey of U.S. beekeepers across the continent, serving as a reference for comparison with future losses as well as providing guidance to future hypothesis-driven research on the causes of colony mortality

The Grizzly, February 16, 1990

UC Fraternity Pledging: A New Era Begins • First Year Conflict and Creativity • Letter: Miffed Mother Says • Dando Joins Board of Directors • Scotland Scholarship Available • Track Tragedy • Hoops Split • Swimmers Look To MAC\u27s • Track Team Tops • Aquabears Splash Supreme • A.O.T.W • Trump: The Article • Monsters: Puppets\u27 Best • UC Hosts Championship • Errors To Be Performed • Ursinus Dryers Are All Wet • Organ Recitalhttps://digitalcommons.ursinus.edu/grizzlynews/1252/thumbnail.jp

Transition probabilities for general birth-death processes with applications in ecology, genetics, and evolution

A birth-death process is a continuous-time Markov chain that counts the number of particles in a system over time. In the general process with $n$ current particles, a new particle is born with instantaneous rate $\lambda_n$ and a particle dies with instantaneous rate $\mu_n$. Currently no robust and efficient method exists to evaluate the finite-time transition probabilities in a general birth-death process with arbitrary birth and death rates. In this paper, we first revisit the theory of continued fractions to obtain expressions for the Laplace transforms of these transition probabilities and make explicit an important derivation connecting transition probabilities and continued fractions. We then develop an efficient algorithm for computing these probabilities that analyzes the error associated with approximations in the method. We demonstrate that this error-controlled method agrees with known solutions and outperforms previous approaches to computing these probabilities. Finally, we apply our novel method to several important problems in ecology, evolution, and genetics