The Proper Standard of Review for Required Party Determinations Under Federal Rule of Civil Procedure 19

Rule 19 of the Federal Rules of Civil Procedure, concerning the required joinder of parties, ensures that all parties with an interest in an action are joined in the litigation. At any time during the suit, a court may determine that an absent party has a specific interest that requires its presence in the dispute. When the court cannot join the absent party, however, the court must use Rule 19(b) to determine whether to continue the litigation without the absentee or dismiss the suit entirely. Despite the potentially drastic consequence of dismissal, federal courts of appeals cannot agree on the proper standard of review for Rule 19(b) decisions. Should the court review the decision de novo as if it were examining the issue for the first time? Or should it review for abuse of discretion with deference to the district court’s analysis? This Note explores the history and application of Rule 19 before examining the two standards of review and the factors set out by the Supreme Court in Pierce v. Underwood to help appellate courts determine which of the two standards should apply. This Note argues that an analysis of those factors demonstrates that both Rule 19(a) and 19(b) decisions should be reviewed for abuse of discretion. It proposes that reviewing courts should use the single standard, but that the amount of deference given to the district court opinion depends on the specific determination within the larger Rule 19 inquiry

The [Not So] Hidden Curriculum of the Legalist State in the Book of Lord Shang and the Han-Fei-Zi

This paper loosely draws some parallels between the experience of a subject in a so-called “Legalist” state with that of a contemporary student in Western schooling today. I explore how governance in the Book of Lord Shang and the Hanfeizi can be interpreted as pedagogy. Defining pedagogy in a relatively broad sense, I investigate the rationalizations for the existence of the state, the application of state mechanisms, and even the concentration of the ruler’s power all teach subjects habits, attitudes, and sensibilities in a similar fashion to what Philip Jackson called the “hidden curriculum”. Through his framework of “crowds, praise, and power” this paper will explore how governance teaches and what those subjected to it learn. This study also attempts to provide some insight into the usefulness of approaching “Legalist” texts with a positive sociological lens

Saving Grace on Feathered Wings: Homing Pigeons in the First World War

Soldiers of the First World War came in all shapes and sizes. The humble homing pigeon is one of the more unique and critical examples of such. They served in the armed forces of both the Allies and the Central Powers. Used as a last-ditch form of communication, the homing pigeons were exceptional in the work of sending messages back and forth between the battle lines. Little has been written about their vital role and even less in the rigorous training the birds and their handlers both endured. Understanding their training is critical to understanding how the homing pigeons performed so well under the extreme conditions of combat

Saving Grace on Feathered Wings: Homing Pigeons in the First World War

Soldiers of the First World War came in all shapes and sizes. The humble homing pigeon is one of the more unique and critical examples of such. They served in the armed forces of both the Allies and the Central Powers. Used as a last-ditch form of communication, the homing pigeons were exceptional in the work of sending messages back and forth between the battle lines. Little has been written about their vital role and even less in the rigorous training the birds and their handlers both endured. Understanding their training is critical to understanding how the homing pigeons performed so well under the extreme conditions of combat

Best of Intentions?: Rinderpest, Containment Practices, and Rebellion in Rhodesia in 1896

Rinderpest was a deadly bovine virus that plagued cattle herds accross Europe and Asia for centuries. In the late 1880s to early 1890s, the virus found its way to Africa, where it wiped out thousands of non-immune cattle herds belonging to African pastoralists and agriculturalists. By February 1896, the virus had crossed the Rhodesian border along the Zambezi River and began killing off cattle owned by ethnic groups that included the Matabele and the Shona, as well as cattle owned by white settlers. In an effort to contain the virus, the British South African Company consulted with colonial officials in the Cape Colony, who in turn advised the local police in Rhodesia to practice quarantines of cattle herds and authorized the shooting of sick and healthy cattle in order to create a buffer zone against the virus. The harsh practices of the legalized killing of cattle, coupled with a pre-existing tense political situation, convinced the Matabele people to take an armed stand against the colonial state

A Moment in History Relevant to the Modern Era

April 6, 1917 is a date that deserves great recognition and remembrance in the United States. On that day, the United States chose to enter a war that it had previously so ardently tried to avoid. Upon entrance, the United States forged a new national identity that looked past racial and religious barriers with a new mission to protect global democracy. On April 6, 2017, the 100th anniversary of America entering the First World War, news and other media throughout the United States seemed to care so little about the significance of the date and unfortunately passed over an excellent history lesson. Despite the current division in the United States, the country has dealt with it before. Reforging a new national identity was the solution in 1917. Perhaps it is the solution needed in 2017

Best of Intentions?: Rinderpest, Containment Practices, and Rebellion in Rhodesia in 1896

Rinderpest was a deadly bovine virus that plagued cattle herds across Europe and Asia for centuries. In the late 1880’s-early 1890’s, the virus found its way to the African continent where it wreaked immense havoc among the unimmune herds of African pastoralists and agriculturalists. By February 1896, the virus had crossed the Rhodesian border along the Zambezi River and began killing off cattle owned by ethnic groups like the Matabele and Shona, as well as those owned by white settlers. In an effort to contain the virus, the British South African Company consulted with colonial officials from the Cape Colony, who in turn advised the local police in Rhodesia to practice quarantines of cattle herds and to begin legal mass killings of sick and healthy cattle to create a buffer zone. The harsh practices of legalized killings of cattle, coupled with an already pre-existing tense political situation, convinced the Matabele to take a stand against the colonial state in an act of rebellion