Conflicts of Law (1989)

Conflicts of law occur when foreign elements appear in a lawsuit. Nonresident litigants, incidents in sister states or foreign countries, and lawsuits from other jurisdictions represent foreign elements that may create problems in judicial jurisdiction, choice of law, or recognition of foreign judgments, respectively. This Article reviews Texas conflicts of law during the Survey period from late 1987 through 1988. The survey includes cases from Texas state and federal courts. Excluded are cases involving federal state conflicts, criminal law, intrastate matters such as subject matter jurisdiction and venue, and conflicts in time, such as the applicability of prior or subsequent law within a state. During the Survey period, the Texas Supreme Court effected no significant changes or additions to jurisdictional jurisprudence, but the Northern District of Texas did craft a rule for personal jurisdiction in federal question cases when nationwide service of process is authorized. Cases decided during the Survey period also exhibited both the use of rule 108 as a substitute for the Texas long-arm statute and the difficulty in imputing jurisdictional contacts between parent and subsidiary corporations. Choice of law highlights include a controversial rejection of a Florida noncompetition agreement, as well as the United States Supreme Court\u27s sequel to a 1985 opinion on legislative jurisdiction. Foreign judgments offered three noteworthy cases but no developments

Conflict of Laws (1988)

Conflicts of law occur when foreign elements appear in a lawsuit. Nonresident litigants, incidents in sister states or foreign countries, and lawsuits from other jurisdictions represent foreign elements that may create problems in judicial jurisdiction, choice of law, or recognition of foreign judgments, respectively. This Article reviews Texas conflicts of law during the Survey period from late 1986 through 1987. The survey includes cases from Texas state and federal courts and non-Texas cases affecting Texas practice. Excluded are cases involving federal/state conflicts, criminal law, intrastate matters such as subject matter jurisdiction and venue, except when they relate to the personal jurisdiction inquiry, and conflicts in time, such as the applicability of prior or subsequent law within a state. During the Survey period, the Texas Supreme Court decided an important case finding jurisdiction based on contacts related to the cause of action. During the same period, the United States Supreme Court decided a case, which, although based on varying rationales, was the first unanimous decision finding a lack of personal jurisdiction since International Shoe Co. v. Washington. Choice of law highlights include Texas\u27s enactment of a new statute governing contractual choice of law and Texas courts\u27 improvement in their application of the most significant relationship test from the Restatement (Second) of Conflict of Laws. Foreign judgments\u27 significant development was the declared unconstitutionality of the Uniform Enforcement of Foreign Judgments Act

Conflict of Laws (1988)

Conflicts of law occur when foreign elements appear in a lawsuit. Nonresident litigants, incidents in sister states or foreign countries, and lawsuits from other jurisdictions represent foreign elements that may create problems in judicial jurisdiction, choice of law, or recognition of foreign judgments, respectively. This Article reviews Texas conflicts of law during the Survey period from late 1986 through 1987. The survey includes cases from Texas state and federal courts and non-Texas cases affecting Texas practice. Excluded are cases involving federal/state conflicts, criminal law, intrastate matters such as subject matter jurisdiction and venue, except when they relate to the personal jurisdiction inquiry, and conflicts in time, such as the applicability of prior or subsequent law within a state. During the Survey period, the Texas Supreme Court decided an important case finding jurisdiction based on contacts related to the cause of action. During the same period, the United States Supreme Court decided a case, which, although based on varying rationales, was the first unanimous decision finding a lack of personal jurisdiction since International Shoe Co. v. Washington. Choice of law highlights include Texas\u27s enactment of a new statute governing contractual choice of law and Texas courts\u27 improvement in their application of the most significant relationship test from the Restatement (Second) of Conflict of Laws. Foreign judgments\u27 significant development was the declared unconstitutionality of the Uniform Enforcement of Foreign Judgments Act

The 2009 US Federal Cigarette Tax Increase and Quitline Utilization in 16 States

Background. On April 1, 2009, the federal cigarette excise tax increased from 39 cents to $1.01 per pack. Methods. This study describes call volumes to 16 state quitlines, characteristics of callers and cessation outcomes before and after the tax. Results. Calls to the quitlines increased by 23.5% in 2009 and more whites, smokers ≥ 25 years of age, smokers of shorter duration, those with less education, and those who live with smokers called after (versus before) the tax. Quit rates at 7 months did not differ before versus after tax. Conclusions. Descriptive analyses revealed that the federal excise tax on cigarettes was associated with increased calls to quitlines but multivariate analyses revealed no difference in quit rates. However, more callers at the same quit rate indicates an increase in total number of successful quitters. If revenue obtained from increased taxation on cigarettes is put into cessation treatment, then it is likely future excise taxes would have an even greater effect

NMR evidence for inhomogeneous glassy behavior driven by nematic fluctuations in iron arsenide superconductors

We present $^{75}$As nuclear magnetic resonance spin-lattice and spin-spin relaxation rate data in Ba(Fe$_{1-x}$Co$_x$)$_2$As$_2$ and Ba(Fe$_{1-x}$Cu$_x$)$_2$As$_2$ as a function of temperature, doping and magnetic field. The relaxation curves exhibit a broad distribution of relaxation rates, consistent with inhomogeneous glassy behavior up to 100 K. The doping and temperature response of the width of the dynamical heterogeneity is similar to that of the nematic susceptibility measured by elastoresistance measurements. We argue that quenched random fields which couple to the nematic order give rise to a nematic glass that is reflected in the spin dynamics.Comment: Accepted to Physical Review

Whole-brain metallomic analysis of the common marmoset (: Callithrix jacchus)

© 2017 The Royal Society of Chemistry. Despite the importance of transition metals for normal brain function, relatively little is known about the distribution of these elemental species across the different tissue compartments of the primate brain. In this study, we employed laser ablation-inductively coupled plasma-mass spectrometry on PFA-fixed brain sections obtained from two adult common marmosets. Concurrent cytoarchitectonic, myeloarchitectonic, and chemoarchitectonic measurements allowed for identification of the major neocortical, archaecortical, and subcortical divisions of the brain, and precise localisation of iron, manganese, and zinc concentrations within each division. Major findings across tissue compartments included: (1) differentiation of white matter tracts from grey matter based on manganese and zinc distribution; (2) high iron concentrations in the basal ganglia, cortex, and substantia nigra; (3) co-localization of high concentrations of iron and manganese in the primary sensory areas of the cerebral cortex; and (4) high manganese in the hippocampus. The marmoset has become a model species of choice for connectomic, aging, and transgenic studies in primates, and the application of metallomics to these disciplines has the potential to yield high translational and basic science value

Agronomic and Animal Performance of Different Tall Fescue Varieties

The objective of the tall fescue breeding program is the development of varieties characterized by superior nutritive value (including reduced contents of perloline and loline alkaloids and minimal infestation of the fungal endophyte, Acremonium coenophialum), palatability, disease resistance, and adaptation through the utilization of intergeneric and interspecific hybrid derivatives of ryegrass and tall fescue species. Kentucky 31, Kenwell, and Kenhy were previously released from this breeding program. Johnstone tall fescue, developed cooperatively by the Kentucky Agricultural Experiment Station and USDA-ARS, was released March 1, 1982 as a new variety. Johnstone is characterized as having low levels of perloline alkaloid and the fungal endophyte (Acremonium coenophialum) and improved forage quality during summer. It is expected that seed of Johnstone will be available commercially during 1985, and a good supply be available for /\u27 spring and summer 1986 plantings