“A Considerable Surgical Operation”: Article III, Equity, and Judge-Made Law in the Federal Courts

This Article examines the history of judge-made law in the federal courts through the lens of the early-nineteenth-century federal courts’ equity powers. In a series of equity cases, and in the Federal Equity Rules promulgated by the Court in 1822 and 1842, the Supreme Court vehemently insisted that lower federal courts employ a uniform corpus of nonstate equity principles with respect to procedure, remedies, and - in certain instances - primary rights and liabilities. Careful attention to the historical sources suggests that the uniform equity doctrine was not simply the product of an overreaching, consolidationist Supreme Court, but is best understood in the context of important and surprisingly underappreciated early-nineteenth-century debates concerning judicial reform. During this period, both Congress and the Court were preoccupied with the disuniformity in the administration of the federal judicial system, especially in the farther reaches of the republic. When reform was not forthcoming through legislation, the Supreme Court achieved a modicum of uniformity in the federal courts through the application of a single body of equity principles drawn from federal and English sources. But the Court did not act unilaterally. Congress’s repeated acquiescence to, and extension of, the Court’s uniform equity doctrine reveals a complex, interbranch dynamic at work. Retelling the story of nonstate, judge-made law in the federal courts through the lens of equity is not intended to demonstrate that such a formulation of federal judicial power was (or is) correct. Rather, by recuperating the history of federal equity power, this Article illuminates the significant metamorphosis of the meaning of Article III’s grant of judicial power. This change has been elided in modern accounts of federal judge-made law in an effort to bolster the legitimacy of a modern vision of federal judicial power

File Naming Convention Worksheet

This worksheet walks researchers through the process of creating a file naming convention for a group of files. This process includes: choosing metadata, encoding and ordering the metadata, adding version information, and properly formatting the file names. Two versions of the worksheet are available: a Caltech Library branded version and a generic editable version

Being in Common: In Celebration of Ronald W. Greene\u27s Woolbert Award

Dr. Kristin Swenson\u27s contribution to Communication and Critical/Cultural Studies, Volume 12, Issue 4, 2015

The Microbiota of the Extremely Preterm Infant.

Colonization of the extremely preterm infant's gastrointestinal tract and skin begins in utero and is influenced by a variety of factors, the most important including gestational age and environmental exposures. The composition of the intestinal and skin microbiota influences the developing innate and adaptive immune responses with short-term and long-term consequences including altered risks for developing necrotizing enterocolitis, sepsis, and a wide variety of microbe-related diseases of children and adults. Alteration of the composition of the microbiota to decrease disease risk is particularly appealing for this ultra-high-risk cohort that is brand new from an evolutionary standpoint

Low wages prevalent In direct care and child care workforce

The large-scale movement of women into the paid labor market has brought sweeping change into family life and also in who cares for the elderly and children. This brief studies workers in two low wage, predominantly female care-giving occupations plagued with high turnover, direct care workers and child care workers. It provides a better understanding of how they fare when compared with other female workers and discusses factors that contribute to their continued employment

Drawn to the Sea: Charles Bradford Hudson (1865-1939), Artist, Author, Army Officer, with Special Notice of His Work for the United States Fish Commission and Bureau of Fisheries

The biography of Charles Bradford Hudson that follows this preface had its seeds about 1965 when I (VGS) was casually examining the extensive files of original illustrations of fishes stored in the Division of Fishes, National Museum of Natural History, Smithsonian Institution. I happened upon the unpublished illustration of a rainbow trout by Hudson and was greatly impressed with its quality. The thought occurred to me then that the artist must have gone on to do more than just illustrate fishes. During the next 20 years I occasionally pawed through those files, which contained the work of numerous artists, who had worked from 1838 to the present. In 1985, I happened to discuss the files with my supervisor, who urged me to produce a museum exhibit of original fish illustrations. This I did, selecting 200 of the illustrations representing 21 artists, including, of course, Hudson. As part of the text for the exhibit, Drawn from the Sea, Art in the Service of Ichthyology, I prepared short biographies of each of the artists. The exhibit, with an available poster, was shown in the Museum for six months, and a reduced version was exhibited in U.S. and Canadian museums during the next 3 years

Caring for America’s aging population: a profile of the direct-care workforce

Direct-care workers constitute a low-wage, high-turnover workforce with low levels of health insurance; taking these characteristics into account guides the challenge of how to deal with the growing demand for long-term care by an aging U.S. population

The Centaurus Group and the Outer Halo of NGC 5128: Are they Dynamically Connected?

NGC 5128, a giant elliptical galaxy only $\sim 4$ Mpc away, is the dominant member of a galaxy group of over 80 probable members. The Centaurus group provides an excellent sample for a kinematic comparison between the halo of NGC 5128 and its surrounding satellite galaxies. A new study, presented here, shows no kinematic difference in rotation amplitude, rotation axis, and velocity dispersion between the halo of NGC 5128, determined from over $\sim340$ of its globular clusters, and those of the Centaurus group as a whole. These results suggest NGC 5128 could be behaving in part as the inner component to the galaxy group, and could have begun as a large initial seed galaxy, gradually built up by minor mergers and satellite accretions, consistent with simple cold dark matter models. The mass and mass-to-light ratios in the B-band, corrected for projection effects, are determined to be $(1.3\pm0.5) \times 10^{12}$ M_{\sun} and $52\pm22$ M_{\sun}/L_{\sun} for NGC 5128 out to a galactocentric radius of 45 kpc, and $(9.2\pm3.0) \times 10^{12}$ M_{\sun} and $153\pm50$ M_{\sun}/L_{\sun} for the Centaurus group, consistent with previous studies.Comment: 14 pages, 3 tables, 7 figures, Accepted for publication in A