COURTS-JURISDICTION-CONSTITUTIONALITY OF STATUTE ESTABLISHING JURISDICTION OVER NONRESIDENT CONDUCTING BUSINESS IN STATE THROUGH RESIDENT AGENT

Defendant, a resident of Utah, sued petitioner, a resident of California, to recover construction costs and contractor\u27s fee for the erection of a building at petitioner\u27s Utah place of business. In accordance with a statute of Utah providing that jurisdiction over a nonresident individual doing business in the state could be obtained in all actions arising out of the conduct of the business by serving process on the resident agent managing the business, summons was served on the petitioner\u27s Utah manager. Petitioner appeared specially and moved to quash the summons for lack of jurisdiction, which motion was denied. He then obtained an alternative writ of prohibition from the Supreme Court of Utah to stop proceedings in the district court. On an order to show cause why the alternative writ should not be made permanent, held, the writ should be recalled. The statute did not deny due process; the question of retroactive application was not raised because there was sufficient business activity subsequent to its effective date. Wein v. Crockett, (Utah I948) I95 P. (2d) 222

TAXATION-LIENS-NATURE OF FEDERAL ESTATE TAX LIEN

At the time of his death, decedent owned certain land in fee simple. His executrix, authorized by an order of the probate court, sold the land to herself as an individual. Subsequently, the United States began condemnation proceedings against the land, paying an award into court. Before distribution of this award was ordered, the executrix in her individual capacity and as ostensible owner was permitted in accordance with statute to withdraw a part of this award. The withdrawal was made without prejudice to her right to the remainder if it proved more than sufficient to satisfy the claims of other parties in interest, and without effect on her duty to refund if it proved inadequate. The United States then filed a petition for distribution of the award, naming with the executrix, as possible parties in interest, the Commissioner and Collector of Internal Revenue, on the ground that a lien for unpaid federal estate taxes might have attached. In answering, the commissioner asserted such a lien on an amount in excess of that part of the award remaining in court. The district court concluded that the sale of the land to the executrix had not divested the lien and that she was therefore liable to refund an amount sufficient to satisfy the claim of the United States. On appeal by the executrix, held, affirmed. Smythe v. United States, (C.C.A. 1st, 1948) 169 F. (2d) 49

Coaching efficacy and coaching effectiveness: examining their predictors and comparing coaches' and athletes' reports

Research on the conceptual model of coaching efficacy (Feltz, Chase, Moritz, & Sullivan, 1999) has increased dramatically over the past few years. Utilizing this model as the guiding framework, the current study examined: (a) coaching experience and sex as predictors of coaches' coaching efficacy; (b) sport experience, sex, and the match/mismatch in sex between coach and athlete as predictors of athletes' perceptions of their coach's effectiveness on the four coaching efficacy domains; and (c) whether coaches' reports of coaching efficacy and athletes' perceptions of coaching effectiveness differed. Coaches (N = 26) and their athletes (N = 291) from 8 individual and 7 team sports drawn from British university teams (N = 26) participated in the study. Coaches completed the Coaching Efficacy Scale (CES), while athletes evaluated their coach's effectiveness using an adapted version of the CES; coaches and athletes also responded to demographic questions. Results indicated that, in coaches, years of coaching experience positively predicted technique coaching efficacy, and males reported higher game strategy efficacy than females. In athletes, sport experience negatively predicted all perceived coaching effectiveness dimensions, and the mismatch in sex between athletes and their coach negatively predicted perceived motivation and character building coaching effectiveness. Finally, on average, coaches' ratings of coaching efficacy were significantly higher than their athletes' ratings of coaching effectiveness on A dimensions. The findings are discussed in terms of their implications for coaching effectiveness

INTERNATIONAL LAW-SEIZURE OF FOREIGN VESSELS ON THE HIGH SEAS

After World War I, the Allied Powers under Article XXII of the Covenant of the League of Nations designated Great Britain mandatary of Palestine, providing inter alia that, as far as possible without prejudice to the rights of the then residents of Palestine, steps were to be taken to facilitate Jewish immigration. A High Commissioner for Palestine was appointed, who, by the authority vested in him under the mandate, promulgated a general ordinance regulating immigration. It was provided therein that any British government ship might board any vessel to detain and examine persons reasonably believed to be seeking to enter the country in violation of this regulation. It was further provided that the master of a vessel attempting to bring such persons into the country would be guilty of the criminal offense of abetting illegal immigration and that the ship used for such purpose would be forfeited. If no criminal proceedings were instituted against the master, forfeiture might be confirmed by petition of the Attorney General to a district court of Palestine

INTERNATIONAL LAW-PRIZE LAW-SEIZURE OF PORT AS EFFECTING CAPTURE OF SHIPS IN PORT

When the Italian port of Tripoli was captured by the British in January, 1943, two privately owned Italian vessels were lying aground in the harbor. Though the Italian armistice was signed in September, 1943, and British naval authorities early in 1944 ordered the seizure in prize of all salvable vessels, nothing was done with respect to these vessels until February 3, 1947. At that time they were placed under the jurisdiction of the Prize Court of England. On February 10, 1947, the Treaty of Peace with Italy was signed and became effective on September 15, 1947. By act of Parliament, implemented by Treaty of Peace (Italy) Order, 1948, it became the law of Great Britain. Meanwhile, in May, writs in prize had been issued for the condemnation of the two vessels. In 1948, the Italian owners appeared as claimants and sought their release. Article 76 of the treaty provides that Italy waives all claims of any description against the Allied and Associated Powers on behalf of the Italian government or Italian nationals arising directly out of the war or out of actions taken because of the existence of a state of war in Europe after September 1, 1939 . . . including . . . (d) claims arising out of the exercise or purported exercise of belligerent rights. 2. The provisions of this article shall bar, completely and finally, all claims of the nature referred to herein, which will be henceforward extinguished, whoever may be the parties in interest . . . . It was the owners\u27 contention that capture was not effected until after the armistice, and was therefore neither an actual nor purported exercise of belligerent rights within the meaning of the treaty. Held, condemnation ordered. Assuming that the armistice terminated the right to make captures, capture was purportedly and actually accomplished by the seizure of the port, so the treaty operates to bar the owners\u27 claims. The Bellaman, [1948] 2 All Eng. L. Rep. 679

Management of forearm nonunions: current concepts

Forearm nonunions are uncommon but severely disabling and challenging to treat. Multiple factors have been associated with the establishment of forearm nonunions such as fracture location and complexity, patient characteristics and surgical technique. Treatment of diaphyseal forearm nonunions differs from that of other type of diaphyseal nonunions because of the intimate relationship between the radius and ulna and their reciprocal movement. There is a wide variation of surgical techniques, and the optimal choice of management remains subject to debate. In this review, we aim to summarize the available evidence in the literature on forearm nonunions and combine it with practical recommendations based on our clinical experience to help guide the management of this complex problem

Polymer Infiltration Under Extreme Confinement

Polymer nanocomposites with high nanoparticle loadings are ubiquitous in nature but difficult to replicate synthetically. A simple technique to create such polymer nanocomposites is to form a bi-layer of a nanoparticle thin film atop a polymer thin film and anneal above the polymer glass transition temperature to induce wicking. This Capillary Rise Infiltration (CaRI) of polymers into nanoparticle thin films is a promising method to create interesting biomimetic composites with enhanced material properties, but also raises important theoretical questions about confinement, capillarity, and polymer dynamics. Therefore, I use molecular dynamics simulations (MD) and continuum theory to understand the impact of confinement on infiltrating polymers. In Chapter 2, I observe that polymers will form porous nanocomposites when there is not enough polymer to fill the voids in the nanoparticle packings. These undersaturated CaRI systems (UCaRI) can be used to form graded or uniform porous composites if the bi-layer is annealed for short or long times, respectively. Due to polymer bridges formed during annealing, these porous nanocomposites have markedly enhanced mechanical properties even when the fraction of polymer is very low. Chapter 3 investigates the effect of confinement on critical contact angle above which infiltration halts. It is determined that the confinement of polymers in the melt does not significantly affect the critical contact angle, which remains independent of the chain length for sufficiently long chains, but depends strongly on the chain stiffness. Finally, Chapter 4 investigates the effect of varying cross-section on the free energy landscape of infiltrating polymers. I discover that barriers can be introduced into the infiltration free energy as a result of the large change in free surface area between constrictions and expansions along the length of the capillary. This leads to polymer infiltration that occurs stepwise from minimum to minimum, like an activated process. Thus, free energy due to wetting and confinement in nanopores has a significant impact on the infiltration behavior of polymers and the formation polymer nanocomposites

Gender Differences in Performance Predictions: Evidence from the Cognitive Reflection Test

This paper studies performance predictions in the 7-item Cognitive Reflection Test (CRT) and whether they differ by gender. After participants completed the CRT, they predicted their own (i), the other participants' (ii), men's (iii), and women's (iv) number of correct answers. In keeping with existing literature, men scored higher on the CRT than women and both men and women were too optimistic about their own performance. When we compare gender-specific predictions, we observe that men think they perform significantly better than other men and do so significantly more than women. The equality between women's predictions about their own performance and their female peers cannot be rejected. Our findings contribute to the growing literature on the underpinnings of behavior in economics and in psychology by uncovering gender differences in confidence about one's ability relative to same and opposite sex peers