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

Pupal and Adult Parameters as Potential Indicators of Cottonwood Leaf Beetle (Coleoptera: Chrysomelidae) Fecundity and Longevity

Cottonwood leaf beetle, Chrysomela scripta, pupae from a laboratory colony were weighed and monitored through adult emergence, oviposition, and mortality to determine if correlations existed between various pupal or adult parameters and fecundity or longevity. Forty-three female cottonwood leaf beetles were monitored. Pupal weight was not a good indicator of fecundity, total oviposition events, number of eggs/beetle/day, or adult longevity. In addition, adult weight showed very low correlation with fecundity, adult longevity, total oviposition events, or number of eggs/beetle/day. However, adult weight was a marginal indicator of the number of eggs/beetle/day, and correlated well with adult body length. Adult longevity could be used to predict fecundity

Practical Tools for Rural Psychiatric Practice

The author reviews the literature on several aspects of psychiatric practice in a rural community. Unique characteristics of rural life are first presented. The many complexities of ethical psychiatric practice and boundary and self-disclosure issues are also reviewed. Finally, a proposal is offered for the use of modified informed consent documents, boundaries explanation documents, and other tools that might allow psychiatrists and other mental health professionals to more effectively deal with the unique and frequently difficult areas of rural practice

Reconciling social psychology and socio-linguistics can have some benefits: language and identity among second generation British Asians

Given the pervasiveness of language in social life and the implications that language use can have for one’s individual and collective identities, attempts were made to explore the theoretical and empirical advantages in connecting social psychological theories of identity and sociolinguistics in order to explore language and identity among second generation British Asians. This paper features a brief overview of the sociological background of British Asians and a detailed consideration of two social psychological theories of identity, namely, self-aspects model of identity (Simon, 2004) and identity process theory (Breakwell, 1986, 1992). It is considered that these under-utilised social psychological theories lend themselves readily to the study of language and identity among this population. Moreover, this paper considers the substantive literature on language and identity. It is argued that an interdisciplinary (social psychological and sociolinguistic) approach is particularly well-suited to the exploration of language and identity. Furthermore, ‘theoretically active’ phenomenological approaches may be particularly useful for research in this domain

Vapor pressure and evaporation coefficient of cadmium oxide

Knudsen effusion experiments were carried out on CdO in fused silica crucibles at temperatures of 918°K, 1008°K with orifice areas from 2.742x10-3 cm2 to 30.52x10-2 cm2. The experiments were made in a molybdenum-wire, resistance-heated vacuum furnace. Several orifice areas were used at each temperature and reciprocal pressure versus orifice area plots were made. These plots yielded an upper limit to the evaporation coefficient of. 4.15x10-2. An equilibrium constant for the vaporization reaction CdO(s) = Cd(g) + 1/202 (g) of log Keq = 11.12 - 1.952x104/T. was obtained. Second and third law values of ΔH°298 were 91.1±1.1 kcal/mole and 88.7±0.9 kcal/mole respectively. A ΔS°298 of 54.1±3.8 was determined by the second law method. The vapor pressure of silver was measured at 1210°K to check experimental techniques. Agreement with an accepted value was within 6.5 per cent --Abstract, page ii

On the Transformation of the Legal Profession: The Advent of Temporary Lawyering

The structure of the legal profession and the nature of law practice have changed dramatically during the past quarter of a century. Indeed, the transformation has been so thorough that it is difficult to say with confidence which of the many developments has had the greatest impact on the culture of law practice. The growth in the number of attorneys and law firms has been exponential; women and minorities comprise increasingly larger percentages of law school graduates, practitioners, and the academic bar; law firms are taking on greater and greater numbers of associates; starting salaries in major firms now approach or surpass judicial salaries; and the list of changes goes on. These myriad changes to the practice of law are accompanied problems which affect virtually all lawyers. To mention but a few examples: malpractice suits escalate annually; clients concerned about rising attorney fees are more willing to “shop” for legal services; attorneys switch firms and take clients with them; and job-related stress and psychological burnout are common professional maladies. A potential solution to these problems lies on the cutting edge of change in the legal world. It is an entirely new way of practicing law: temporary lawyering. While some see this as a radical departure from legal tradition, it is more properly viewed as merely the latest step away from the traditional associate-to-partnership career track. Thorough consideration of the advent of temporary lawyering shows that it offers the profession an opportunity to intelligently address pressing individual and institutional needs. Temporary lawyering warrants the support of the profession, limited only by those measures necessary to insure that the interests of clients are faithfully served and that clients are given the maximum opportunity to intelligently decide their own affairs