Nationwide Service of Process: Due Process Limitations on the Power of the Sovereign

There are a number of instances in which a federal court asserts personal jurisdiction by service of process beyond the territorial limits of the state in which it sits. The most common examples of these assertions of jurisdiction are the use of a state\u27s long-arm statute and the bulge provision of the federal rules. But, in addition, there are a number of statutes by which Congress has authorized nationwide service of process in particular circumstances. It is generally accepted that Congress may authorize expansion limits of the states in which it sits, including authorization of extraterritorial service of process. However, a question which must be considered is whether there are any constitutional limitations on this congressional power and, if so, what those limitations are. For absent any restrictions, defendants could find themselves placed in the difficult position of having to litigate a case in a district far from home, with which they have no connection. This Article begins by examining the principles which govern the assertion of personal jurisdiction in federal court. It analyzes examples of situations in which nationwide service of process has been authorized for the purpose of establishing the paradigm by which such authorizations are justified and limited. Finally, this Article suggests that the prevailing paradigm is inadequate and it offers an alternative for dealing with this problem in the future

Occupational Learning, Financial Knowledge, and the Accumulation of Retirement Wealth

This study explores the relationship between general human capital investment, financial knowledge, occupational spillovers, and the accumulation of wealth in a primarily descriptive manner. Drawing upon human capital theory and following previous related work by Delavande, Rohwedder and Willis (2008), we hypothesized that individuals with daily exposure to financial knowledge through their occupation would benefit by having greater financial knowledge that would translate into greater wealth accumulation than individuals who do not enjoy such spillovers from their occupation. Using data from the Cognitive Economics Study and the Health and Retirement Study, we find strong evidence that individuals in financial occupations tend to have greater financial knowledge and moderate evidence that they also have greater wealth accumulation.Social Security Administrationhttp://deepblue.lib.umich.edu/bitstream/2027.42/78354/1/wp237.pd

Daily Rhythmic Behaviors and Thermoregulatory Patterns Are Disrupted in Adult Female MeCP2-Deficient Mice

Mutations in the X-linked gene encoding Methyl-CpG-binding protein 2 (MECP2) have been associated with neurodevelopmental and neuropsychiatric disorders including Rett Syndrome, X-linked mental retardation syndrome, severe neonatal encephalopathy, and Angelman syndrome. Although alterations in the performance of MeCP2-deficient mice in specific behavioral tasks have been documented, it remains unclear whether or not MeCP2 dysfunction affects patterns of periodic behavioral and electroencephalographic (EEG) activity. The aim of the current study was therefore to determine whether a deficiency in MeCP2 is sufficient to alter the normal daily rhythmic patterns of core body temperature, gross motor activity and cortical delta power. To address this, we monitored individual wild-type and MeCP2-deficient mice in their home cage environment via telemetric recording over 24 hour cycles. Our results show that the normal daily rhythmic behavioral patterning of cortical delta wave activity, core body temperature and mobility are disrupted in one-year old female MeCP2-deficient mice. Moreover, female MeCP2-deficient mice display diminished overall motor activity, lower average core body temperature, and significantly greater body temperature fluctuation than wild-type mice in their home-cage environment. Finally, we show that the epileptiform discharge activity in female MeCP2-deficient mice is more predominant during times of behavioral activity compared to inactivity. Collectively, these results indicate that MeCP2 deficiency is sufficient to disrupt the normal patterning of daily biological rhythmic activities

Nationwide Service of Process: Due Process Limitations on the Power of the Sovereign

There are a number of instances in which a federal court asserts personal jurisdiction by service of process beyond the territorial limits of the state in which it sits. The most common examples of these assertions of jurisdiction are the use of a state\u27s long-arm statute and the bulge provision of the federal rules. But, in addition, there are a number of statutes by which Congress has authorized nationwide service of process in particular circumstances. It is generally accepted that Congress may authorize expansion limits of the states in which it sits, including authorization of extraterritorial service of process. However, a question which must be considered is whether there are any constitutional limitations on this congressional power and, if so, what those limitations are. For absent any restrictions, defendants could find themselves placed in the difficult position of having to litigate a case in a district far from home, with which they have no connection. This Article begins by examining the principles which govern the assertion of personal jurisdiction in federal court. It analyzes examples of situations in which nationwide service of process has been authorized for the purpose of establishing the paradigm by which such authorizations are justified and limited. Finally, this Article suggests that the prevailing paradigm is inadequate and it offers an alternative for dealing with this problem in the future

Enforcement of Arbitration Agreements in Securities Fraud Disputes

In this Article, the Author discusses the Supreme Court\u27s increased willingness in recent years to rely on the arbitral process for the resolution of securities disputes, and its willingness to enforce pre-dispute arbitration agreements under the Arbitration Act

Rule 15(c) Mistake: The Supreme Court in Krupski Seeks to Resolve a Judicial Thicket

While recognizing the importance of a statute of limitations, Federal Rule of Civil Procedure 15 acts as a counterbalance to such statutes by allowing a plaintiff to freely amend a complaint to assert additional claims, or to name new or additional parties, and have those amendments relate back to a complaint filed within the statute of limitations even though that statute has run. There have been interpretive problems, particularly with the language of Rule 15 (c)(1)(C)(ii). These problems arise when the amendment changes the party or the naming of the party after the statutory period and the conditions of Rule 15(c)(1)(C) are applied. Courts have often been very cautious in interpreting the rule because of a reluctance to see a person drawn into litigation after the statute of limitations has run out. The text of the rule addresses this problem by allowing such relation back only when the claim is sufficiently related to the original pleading and the defendant received such notice of the action so that it [would] not be prejudiced in defending on the merits and knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party\u27s identity. This Article focuses on the phrase knew or should have known ... but for a mistake concerning the proper party\u27s identity, as set out in Rule 15(c)(1)(C)(ii). It examines how differing interpretations of that phrase by courts of appeals have affected the application of the rule in four related but somewhat different situations, which has led to the Supreme Court taking up the issue. This Article begins by examining the text and purpose of the rule. It then analyzes the cases that show the competing views as to the meaning of Rule 15(c)(1)(C)(ii) and evaluates these views in light of the U.S. Supreme Court\u27s decision in Krupski v. Costa Crociere S.p.A., in which the Court sought to resolve tension among the Circuits over the breadth of Rule 15(c)(1)(C)(ii)