Insurance-Regulation Under the McCarran-Ferguson Act-FTC Jurisdiction Not Ousted by a State Statute Proporting to Control Deceptive Advertising Mailed to Other States

Petitioner issued a cease-and-desist order prohibiting respondent from making statements in its advertising materials which violated the Federal Trade Commission Act. Respondent, a Nebraska health insurance company, mailed its circulars to residents of every state. The McCarran-Ferguson Act provides that the Federal Trade Commission Act ... shall be applicable to the business of insurance to the extent that such business is not regulated by State law. A Nebraska statute prohibits an insurer domiciled there from engaging in unfair business practices in any state. In an action to set aside the FTC cease-and-desist order, the Court of Appeals for the Eighth Circuit accepted respondent\u27s argument that its business was regulated by Nebraska law and thus insulated from FTC authority. On certiorari to the United States Supreme Court, held, judgment vacated, and case remanded for further proceedings, three Justices dissenting. Congress did not intend extraterritorial regulation by the state of domicile to displace FTC jurisdiction. FTC v. Travelers Health Ass\u27n, 362 U.S. 293 (1960)

A National Mortgage Notes Registry: America\u27s Immense Need for Transparency and Certainty in Mortgage Ownership and the Right to Foreclose

Article published in the Michigan State Journal of Business and Securities Law

Damages-Pain and Suffering-Use of a Mathematical Formula

Measurement of damages for pain and suffering is, in a sense, an attempt to measure the unmeasurable; yet as long as our law recognizes a right to recover for pain and suffering, the jury or judge must arrive at some concrete figure. The traditional approach of simply instructing the jury that they should arrive at a reasonable amount provides little, if any, guidance. The question is whether this approach, nevertheless, remains the best of a bad lot of alternatives. If more guidance is desirable, what can be accomplished within the framework of our present system? The mathematical formula discussed in this comment presents one possibility

How Ecological Disturbances May Influence Mountain Quail in the Pacific Northwest

Mountain quail (Oreortyx pictus) populations have declined throughout the Intermountain Region of the Pacific Northwest. The decline of mountain quail is most likely related to the loss of habitat. We suggest that disturbance may play a critical role in providing the structure, composition, and density of vegetation needed to sustain mountain quail populations. Conversely, lack of disturbance (fire suppression) may result in conditions unsuitable for mountain quail. We examined the historic role and ecological influences of fire on vegetation in the Intermountain Region, and how the elimination of fire as a successional determinant may have facilitated the decline of mountain quail. Limited cattle grazing, prescribed burning, and silvicultural practices may provide alternatives to natural fire for establishing and/or maintaining mountain quail habitat

THE EFFECT OF NACL ON AKINETE DIFFERENTIATION IN THE CYANOBACTERIUM NOSTOC PUNCTIFORME

Nostoc punctiforme is a nitrogen-fixing, symbiotic/free-living cyanobacterium. There has been a great deal of research conducted on the genomic nature of N. punctiforme as it pertains to its ecologically important role in the nitrogen cycle in varied environments around the world. My study concentrated on the dormant cell type known as the akinete. Increasing concentrations of NaCl were used to follow the growth phases from germination to akinete formation (lag phase-logarithmic growth phase-stationary phase). I found that increased salt concentrations caused N. punctiforme to form akinetes faster when compared to the control. Germination rates were not greatly increased or shortened by salt concentrations at or below 40 mM NaCl. Damage to cells due to NaCl was observed between 105 mM and 500 mM. Physiological studies, such as this one, enable better quantifiable field research since the organism’s limitations under laboratory conditions are known. This research allows researcher to more accurately plan and pick study sites, develop field studies and gives a solid basis for comparison to the natural environment

A National Mortgage Notes Registry: America's Immense Need for Transparency and Certainty in Mortgage Ownership and the Right to Foreclose

Article published in the Michigan State Journal of Business and Securities Law