Venue and Service of Process in the Federal Courts -- Suggestions for Reform

In prescribing the rules governing the place of trial of actions commenced in the federal district courts, Congress might reasonably have been expected to follow one of two courses. On the one hand, it might have treated the continental United States as a single jurisdiction. On this basis service of process would have been permitted throughout the United States, venue rules would have been designed to channel litigation into the most convenient district, and provision would have been made for a motion for change of venue to be granted whenever the suit was commenced in a district which did not have venue. On the other hand, Congress might have treated the individual federal districts as independent states. On this basis service of process would have been restricted to the district in which suit was brought, but venue of transitory actions would have been made proper in any district in which the defendant could be found for service of process. In fact, of course, Congress has adopted neither of these alternatives. Instead it has limited venue to the residence of all the defendants or, in diversity cases, all the plaintiffs while at the same time confining service of process to the boundaries of the state in which the district court is located

The Constitutional Right of Association. By David Fellman

Professor Fellman\u27s little book provides a helpful survey of the cases dealing with freedom of association. It is written simply enough to satisfy the demand of interested citizens who wish to be informed as to the legal principles applied in giving content to that right of association which has long been regarded as part of our constitutional heritage. Beyond that, however, the collection of cases and literature is sufficiently exhaustive to provide the base point form which legal scholars and social scientists may continue the research necessary for the truly comprehensive study of the right of association to which Professor Fellman looks forward in the Preface

The Effects of Visuospatial Environment on Endurance Treadmill Running Performance, RPE, and Heart Rate

The psychobiological model of endurance exercise suggests that endurance exercise performance is determined primarily by perception of effort. Previous research has shown that inducing mental and physical fatigue affects rating of perceived exertion (RPE), ultimately affecting endurance performance. However, there is limited literature describing the effect of visual stimuli on RPE. In particular, effects of visuospatial environment, one that elicits thought processes involving visual and spatial awareness, have not been investigated. PURPOSE: The purpose of this study was to investigate the effect of visuospatial environment on endurance exercise performance, RPE, and heart rate (HR). METHODS: 22 participants completed a self-paced 20-minute treadmill run in an open visuospatial environment (treadmill in front of an open window) and a closed visuospatial environment (treadmill surrounded by privacy curtains). A randomized cross-over design was used and each participant experienced each condition. The main outcome measures were total distance covered during the 20-minute trial and RPE, which was measured every 2 minutes. Additionally, HR was recorded throughout the trial. RESULTS: Total distance traveled was similar between groups (3.49 (0.51) km and 3.44 (0.60) km for open and closed conditions, respectively) with no differences between groups in RPE or HR (p \u3e 0.05). This suggests that open and closed visuospatial environments are not influencing factors on endurance performance, RPE, and HR. Further research is required to investigate other factors that contribute to perceived effort during endurance exercise. CONCLUSION: Results suggest that visuospatial environment has no effect on perception or performance during endurance exercise on a motorized treadmill . Future studies should consider using a non-motorized endurance test, such as a stationary bike or non-motorized treadmill. Additionally, unwanted visual stimuli should be limited

Book Reviews

Book reviews by Edward F. Barrett, Alfred L. Scanlan, Robert T. Molloy, Aaron I. Abell, and Robert E. Sullivan