Federal Courts - Choice of Law Application of Federal Law to Government Subcontract in Federal Diversity Case

Defendant obtained a government missile contract, and plaintiff was subcontracted to manufacture containers for the missiles. When certain changes in elements of the containers were ordered by the Government, plaintiff demanded an equitable adjustment from defendant pursuant to the terms of the subcontract. Defendant paid only the costs of effecting the necessary changes. Plaintiff instituted this suit in federal district court alleging diversity of citizenship and demanding that the adjustment include, as allowed by California law, compensation for overhead losses caused by a partial work stoppage during the delay in effecting the changes. The district court characterized the contract as a government contract, held that federal rather than state law applied, and found for defendant on the merits. On appeal, held, affirmed. Although the subcontract cannot be characterized as a government contract, federal law should be applied for its interpretation since the federal interest in national security requires a uniform federal rule for the construction of such government subcontracts. American Pipe & Steel Corp. v. Firestone Tire & Rubber Co., 292 F.2d 640 (9th Cir. 1961)

Multimodal Representation of Space in the Posterior Parietal Cortex and its use in Planning Movements

Recent experiments are reviewed that indicate that sensory signals from many modalities, as well as efference copy signals from motor structures, converge in the posterior parietal cortex in order to code the spatial locations of goals for movement. These signals are combined using a specific gain mechanism that enables the different coordinate frames of the various input signals to be combined into common, distributed spatial representations. These distributed representations can be used to convert the sensory locations of stimuli into the appropriate motor coordinates required for making directed movements. Within these spatial representations of the posterior parietal cortex are neural activities related to higher cognitive functions, including attention. We review recent studies showing that the encoding of intentions to make movements is also among the cognitive functions of this area

Federal Procedure-Appellate Practice- Excusable Neglect In Failing to Perfect Criminal Appeal Provides No Ground for Collateral Review of Conviction

After the ten-day period for filing a notice of appeal from a federal criminal conviction had expired, defendant filed a motion under section 2255 of the Judicial Code to set aside his sentence under a conviction for armed robbery. The motion was based on the improper admission of a confession given during an allegedly unlawful detention. The district court denied the motion on the ground that the error asserted did not amount to a denial of a constitutional right and that only constitutional defects are subject to attack after the time for an appeal has expired. The District of Columbia court of appeals, sitting en bane, affirmed, three judges dissenting. The majority held that the erroneous admission of a confession alleged by the defendant was not subject to a collateral attack, and therefore could only have been raised by direct appeal. Excusable neglect, which had been alleged by the defendant, does not broaden the scope of the collateral remedy under section 2255 so as to be available as a substitute for an appeal. On certiorari to the Supreme Court, held, writ dismissed as improvidently granted, three Justices dissenting. The writ had been granted upon the understanding that the question presented was whether the district court should have accorded petitioner a hearing under section 2255 when it appeared that no appeal had been perfected from the original judgment of conviction. After a thorough review of the record, including the trial transcript, it was concluded that the file and records of the case conclusively show that petitioner was entitled to no relief. Hodges v. United States, 368 U.S. 139 (1961) (per curiam)

Taxation-Federal Income Tax- Taxpayer\u27s Dividend to Shareholders Allowable As Amortizable Bond Premium Deduction

In an effort to make an amount distributed to its shareholders tax deductible, taxpayer bought utility bonds which were selling at a large premium and which were callable on thirty days\u27 notice. Taxpayer borrowed an amount equal to the lowest call price, mortgaged the bonds to secure the loan, and paid cash equal to the difference, i.e., the premium in this case. After holding the bonds for thirty days, taxpayer declared a dividend of the bonds and distributed them to its shareholders subject to the indebtedness. The shareholders sold the bonds, paid off the loan from the proceeds, and retained the difference as the cash dividend. Taxpayer claimed the amount of the premium as an amortizable bond premium deduction under section 171 of the Internal Revenue Code of 1954. The Commissioner disallowed the deduction and was sustained by the Tax Court on the ground that the transaction in the bonds was a sham to cover the real purpose of distributing a dividend. On appeal, held, reversed. The taxpayer made actual investments in the ordinary sense of the word and was subjected to the risks of ownership for which the statute was designed to compensate. Unless Congress clearly provides otherwise, tax consequences should not be dependent upon the discovery of a purpose or a state of mind. Fabreeka Prods. Co. v. Commissioner, 294 F.2d 876 (1st Cir. 1961)

Fertility studies on Strongsville soil

Caption title.Mode of access: Internet

Fertility studies on Wooster soil

Cover title.Mode of access: Internet

Wave localization in binary isotopically disordered one-dimensional harmonic chains with impurities having arbitrary cross section and concentration

The localization length for isotopically disordered harmonic one-dimensional chains is calculated for arbitrary impurity concentration and scattering cross section. The localization length depends on the scattering cross section of a single scatterer, which is calculated for a discrete chain having a wavelength dependent pulse propagation speed. For binary isotopically disordered systems composed of many scatterers, the localization length decreases with increasing impurity concentration, reaching a mimimum before diverging toward infinity as the impurity concentration approaches a value of one. The concentration dependence of the localization length over the entire impurity concentration range is approximated accurately by the sum of the behavior at each limiting concentration. Simultaneous measurements of Lyapunov exponent statistics indicate practical limits for the minimum system length and the number of scatterers to achieve representative ensemble averages. Results are discussed in the context of future investigations of the time-dependent behavior of disordered anharmonic chains.Comment: 8 pages, 10 figures, submitted to PR

Carbon/graphite fiber risk analysis and assessment study: An assessment of the risk to Douglas commercial transport aircraft

The potential hazard to electrical and electronic devices should there be a release of free carbon fibers due to an aircraft crash and fire was assessed. Exposure and equipment sensitivity data were compiled for a risk analysis. Results are presented in the following areas: DC-9/DC-10 electrical/electronic component characterization; DC-9 and DC-10 fiber transfer functions; potential for transport aircraft equipment exposure to carbon fibers; and equipment vulnerability assessment. Results reflect only a negligible increase in risk for the DC-9 and DC-10 fleets either now or projected to 1993

Neural correlates of prior expectations of motion in the lateral intraparietal and middle temporal areas

Successful decision-making involves combining observations of the external world with prior knowledge. Recent studies suggest that neural activity in macaque lateral intraparietal area (LIP) provides a useful window into this process. This study examines how rapidly changing prior knowledge about an upcoming sensory stimulus influences the computations that convert sensory signals into plans for action. Two monkeys performed a cued direction discrimination task, in which an arrow cue presented at the start of each trial communicated the prior probability of the direction of stimulus motion. We hypothesized that the cue would either shift the initial level of LIP activity before sensory evidence arrives, or it would scale sensory responses according to the prior probability of each stimulus, manifesting as a change in slope of LIP firing rates. Neural recordings demonstrated a clear shift in the activity level of LIP neurons following the arrow cue, which persisted into the presentation of the motion stimulus. No significant change in slope of responses was observed, suggesting that sensory gain was not strongly modulated. To confirm the latter observation, MT neurons were recorded during a version of the cued direction discrimination task, and we found no change in MT responses resulting from the presentation of the directional cue. These results suggest that information about an immediately upcoming stimulus does not scale the sensory response, but rather changes the amount of evidence that must be accumulated to reach a decision in areas that are involved in planning action