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

Saving Grace on Feathered Wings: Homing Pigeons in the First World War

Soldiers of the First World War came in all shapes and sizes. The humble homing pigeon is one of the more unique and critical examples of such. They served in the armed forces of both the Allies and the Central Powers. Used as a last-ditch form of communication, the homing pigeons were exceptional in the work of sending messages back and forth between the battle lines. Little has been written about their vital role and even less in the rigorous training the birds and their handlers both endured. Understanding their training is critical to understanding how the homing pigeons performed so well under the extreme conditions of combat

Best of Intentions?: Rinderpest, Containment Practices, and Rebellion in Rhodesia in 1896

Rinderpest was a deadly bovine virus that plagued cattle herds accross Europe and Asia for centuries. In the late 1880s to early 1890s, the virus found its way to Africa, where it wiped out thousands of non-immune cattle herds belonging to African pastoralists and agriculturalists. By February 1896, the virus had crossed the Rhodesian border along the Zambezi River and began killing off cattle owned by ethnic groups that included the Matabele and the Shona, as well as cattle owned by white settlers. In an effort to contain the virus, the British South African Company consulted with colonial officials in the Cape Colony, who in turn advised the local police in Rhodesia to practice quarantines of cattle herds and authorized the shooting of sick and healthy cattle in order to create a buffer zone against the virus. The harsh practices of the legalized killing of cattle, coupled with a pre-existing tense political situation, convinced the Matabele people to take an armed stand against the colonial state

The [Not So] Hidden Curriculum of the Legalist State in the Book of Lord Shang and the Han-Fei-Zi

This paper loosely draws some parallels between the experience of a subject in a so-called “Legalist” state with that of a contemporary student in Western schooling today. I explore how governance in the Book of Lord Shang and the Hanfeizi can be interpreted as pedagogy. Defining pedagogy in a relatively broad sense, I investigate the rationalizations for the existence of the state, the application of state mechanisms, and even the concentration of the ruler’s power all teach subjects habits, attitudes, and sensibilities in a similar fashion to what Philip Jackson called the “hidden curriculum”. Through his framework of “crowds, praise, and power” this paper will explore how governance teaches and what those subjected to it learn. This study also attempts to provide some insight into the usefulness of approaching “Legalist” texts with a positive sociological lens

Intelligent monitoring and diagnosis systems for the Space Station Freedom ECLSS

Specific activities in NASA's environmental control and life support system (ECLSS) advanced automation project that is designed to minimize the crew and ground manpower needed for operations are discussed. Various analyses and the development of intelligent software for the initial and evolutionary Space Station Freedom (SSF) ECLSS are described. The following are also discussed: (1) intelligent monitoring and diagnostics applications under development for the ECLSS domain; (2) integration into the MSFC ECLSS hardware testbed; and (3) an evolutionary path from the baseline ECLSS automation to the more advanced ECLSS automation processes

Saving Grace on Feathered Wings: Homing Pigeons in the First World War

Soldiers of the First World War came in all shapes and sizes. The humble homing pigeon is one of the more unique and critical examples of such. They served in the armed forces of both the Allies and the Central Powers. Used as a last-ditch form of communication, the homing pigeons were exceptional in the work of sending messages back and forth between the battle lines. Little has been written about their vital role and even less in the rigorous training the birds and their handlers both endured. Understanding their training is critical to understanding how the homing pigeons performed so well under the extreme conditions of combat

Measurement and correlation of aerodynamic heating to surface corrugation stiffened structures in thick turbulent boundary layers

The flow conditions for which heating distributions were measured on corrugated surfaces and wavy walls in turbulent boundary layers are shown, along with the ratio of the displacement thickness to the roughness height versus the local edge Mach number for an equivalent smooth surface. The present data are seen to greatly extend the range of data available on corrugated surfaces in turbulent boundary layers. These data were obtained by testing fullscale corrugation roughened panels in the wall boundary layer of a supersonic and hypersonic wind tunnel. The experimental program used to obtain the data is described. The data are analyzed and correlated in terms of the pertinent flow and geometric parameters. The developed correlations are compared with the available thin boundary layer data, as well as with previously published correlation techniques

Curvature Constraints from the Causal Entropic Principle

Current cosmological observations indicate a preference for a cosmological constant that is drastically smaller than what can be explained by conventional particle physics. The Causal Entropic Principle (Bousso, {\it et al}.) provides an alternative approach to anthropic attempts to predict our observed value of the cosmological constant by calculating the entropy created within a causal diamond. We have extended this work to use the Causal Entropic Principle to predict the preferred curvature within the "multiverse". We have found that values larger than $\rho_k = 40\rho_m$ are disfavored by more than 99.99% and a peak value at $\rho_{\Lambda} = 7.9 \times 10^{-123}$ and $\rho_k =4.3 \rho_m$ for open universes. For universes that allow only positive curvature or both positive and negative curvature, we find a correlation between curvature and dark energy that leads to an extended region of preferred values. Our universe is found to be disfavored to an extent depending the priors on curvature. We also provide a comparison to previous anthropic constraints on open universes and discuss future directions for this work.Comment: 5 pages, 3 Figure