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

Inner cities offer competitive advantages

More businesses are locating in inner cities, where lower rents and proximity to suppliers, customers, and willing workers are boosting the bottom line. Outside investors who have not caught on will find this article enlightening.Business enterprises - New England ; Industrial location ; Job creation

ON MODELING SYSTEMS OF CROP ACREAGE DEMANDS

This article presents an alternative approach to the specification of systems of crop acreage responses. Derived demands for acreages of individual crops are specified as conditional on total crop acreage, and related separability and dynamic specifications help to reduce the effects of multicollinearity in the system. A simple econometric model of crop acreage demands for Western Canada illustrates the methodology.Crop Production/Industries,

Recent results from the ANTARES deep sea neutrino telescope

The ANTARES deep sea neutrino telescope has acquired over four years of high quality data. This data has been used to measure the oscillation parameters of atmospheric neutrinos and also to search for neutrinos of a non-terrestrial origin. Competitive upper limits on the fluxes of neutrinos from dark matter annihilation in the Sun, a variety of Galactic and extra-galactic sources, both steady and transient, are presented

The ANTARES Deep-Sea Neutrino Telescope: Status and First Results

Various aspects of the construction, operation and calibration of the recently completed deep-sea ANTARES neutrino telescope are described. Some first results obtained with a partial five line configuration are presented, including depth dependence of the atmospheric muon rate, the search for point-like cosmic neutrino sources and the search for dark matter annihilation in the Sun.Comment: 8 pages, 16 figure

Direct forward gravure coating on unsupported web

YesThis experimental study of forward gravure coating considers the effects of operating variables on air entrainment, ribbing instabilities and the thickness of the film formed. The data show that this coating method can yield very thin films of thickness of order of 15 - 20% at most of the equivalent cell depth of a gravure roller. Air free and non ribbed stable uniform films can however only be obtained in a narrow window of operating conditions at very low substrate capillary number (CaS ~ 0.02) equivalent to substrate speeds typically less than 20m/min. The paper draws a similarity with flow features observed with smooth forward roll coating and slide coating. It is shown that the onset of ribbing and the flux distribution between the gravure roller and the substrate at the exit of the nip obey approximately the same rules as in smooth forward roll coating, whereas the onset of air entrainment actually corresponds to a low-flow limit of coatability similar to that observed in slide coating