What\u27s Wrong with This Picture?: Rule Interpleader, the Anti-Injunction Act, In Personam Jurisdiction, and M.C. Escher

The effectiveness of interpleader depends upon the availability of injunctions against other proceedings. There is no congressional authorization of such injunctions for rule interpleader cases. If interpleader were an in rem action, one of the other exceptions to the Anti-Injunction Act might save the day, but the Supreme Court has apparently foreclosed that option. This article examines that three-sided conflict. Part II discusses the problem in greater depth, focusing first on how interpleader functions and why it depends on being “the only game in town.” Part II next addresses the background and interpretation of the Anti-Injunction Act, exploring particularly the Supreme Court\u27s narrow interpretation the Act\u27s provisions and discussing the federalism values that the Act and the Court seek to serve. Finally, Part II reviews interpleader\u27s status as an in personam action. Even in setting out the problem, one can conceive of at least three potential solutions. One might simply acknowledge that injunctions are not available in rule interpleader actions. Alternatively, one might reverse the Supreme Court\u27s view of interpleader as an in personam action, recharacterizing it as in rem to get around the strictures of the Anti-Injunction Act. Finally, one might leave interpleader itself untouched but reinterpret the jurisdiction exception to the Anti-Injunction Act. Unfortunately, each of these solutions comes with an unpalatable price. Part III discusses the price of each solution. Part IV considers whether, despite the costs of each solution, Congress or the Court should adopt any of them or whether there is some other alternative. In fact, there are two alternatives. Recharacterizing interpleader as an in rem proceeding to fit it within the Anti-Injunction Act is possible, though not the best answer because it would require extended judicial effort to refine the courts\u27 jurisdictional treatment of in rem proceedings generally. This approach is anything but simple and easy to implement. The more elegant option is for Congress explicitly to authorize injunctions against state proceedings in rule interpleader actions, and Part IV offers language that does so

[Review of] Peter Hyun. MAN SEI! The Making of a Korean American

This book offers a history of Korea from the tum of the century through the end of World War II. But it is more than that: It is an autobiographical account of Peter Hyun, who with his family, witnessed and participated in the making of modern Korean history. Hyun, born in 1907, was one of eight children who lived and went to school under Japanese rule. In 1919 he witnessed a massive demonstration in which thousands of Koreans shouted MAN SEI! -- Long Live Korea -- and watched as Japanese police and military killed countless demonstrators, hence the title of this book. The author\u27s father, the Rev. Soon Hyun, spent his career serving the Methodist church and leading the movement for Korean independence

Can You Hear Me Now? : Expectations of Privacy, False Friends, and the Perils of Speaking Under the Supreme Court\u27s Fourth Amendment Jurisprudence

Part I of this article offers a brief history of the development of Fourth Amendment jurisprudence and the Court\u27s articulation and application of what has come to be known as the exclusionary rule, which forbids some (but not all) government use of evidence seized in violation of the Fourth Amendment. Part II focuses on the false-friend cases, elaborating the Court\u27s reasoning and showing why, although the most famous cases involve varying kinds of activity from electronic recording to eavesdropping to simple reporting of the false friend\u27s observation, the Court\u27s method has united these cases under a single analytical rubric. Part III discusses the unavoidable implication of the Court\u27s approach, and Part IV examines whether there is a principled way out of the dilemma that the Court\u27s reasoning has created. It concludes that there is, but the solution requires recognizing two unstated assumptions that undergird the Court\u27s jurisprudence in this area, assumptions that, when exposed to light, are highly questionable. The Court needs to reconsider how expectations of privacy really work. It has tended to view expectation of privacy as an all-or-nothing proposition, so that for Fourth Amendment purposes, lack of a reasonable expectation of privacy with respect to one person connotes that there cannot be a reasonable expectation with respect to anyone else. The Article suggests that this approach does not reflect the way that either those who wrote and ratified the Fourth Amendment or the majority of Americans today think about privacy. The Supreme Court should recognize, therefore, that when the government employs false friends to gather evidence for use in a criminal case, it does no more than to undertake a search with other eyes and ears and a seizure with other hands. It is a government intrusion all the same. Accordingly, the Fourth Amendment\u27s warrant requirement, which demands probable cause and the acquiescence of a neutral magistrate in the proposed search, should apply in full force

Pre-cruise report 72-KB-19: Big game fisheries investigations

Document has 1 page

The status of the California Barracuda resource and its management

The California barracuda, Sphyraena argentea, has been fished commercially for over 70 years. Peak landings were made during the early 1920's and have since declined to an incidental level. The present interest in barracuda centers around its desirability as a game species. Recent estimates of barracuda abundance indicate the population is at a low level and in need of increased management efforts. (21pp.

We the People : John Locke, Collective Constitutional Rights, and Standing to Challenge Government Action

The Article is presented in three Parts. Part I documents the enormous effect that Locke\u27s political philosophy had on the Constitution\u27s Framers and traces the idea of collective rights through Locke\u27s Second Treatise, showing how Locke viewed government as a trustee and society as the settlor-beneficiary that forms and gives legitimacy to the government. Part II reviews the development of the current doctrine of standing and demonstrates how the current standing model creates a class of cases where government may, with impunity, violate the Constitution. Part III demonstrates the anomaly of the Supreme Court\u27s current doctrine in a society founded on the ideas of John Locke. It then explores the constitutional provisions where collective rights have already been recognized by the courts, though not with respect to standing analysis. Finally, Part III proposes a revision of the current test for standing to ensure that vindication of society\u27s collective rights is possible without creating universal standing and thus threatening the courts with a tidal wave of litigation brought by “officious intermeddlers.

Selective Emitters

This invention relates to a small particle selective emitter for converting thermal energy into narrow band radiation with high efficiency. The small particle selective emitter is used in combination with a photovoltaic array to provide a thermal to electrical energy conversion device. An energy conversion apparatus of this type is called a thermo-photovoltaic device. In the first embodiment, small diameter particles of a rare earth oxide are suspended in an inert gas enclosed between concentric cylinders. The rare earth oxides are used because they have the desired property of large emittance in a narrow wavelength band and small emittance outside the band. However, it should be emphasized that it is the smallness of the particles that enhances the radiation property. The small particle selective emitter is surrounded by a photovoltaic array. In an alternate embodiment, the small particle gas mixture is circulated through a thermal energy source. This thermal energy source can be a nuclear reactor, solar receiver, or combustor of a fossil fuel

Constitution-Making: A Process Filled with Constraint

Constitutions are generally made by people with no previous experience in constitution making. The assistance they receive from outsiders is often less useful than it may appear. The most pertinent foreign experience may reside in distant countries, whose lessons are unknown or inaccessible. Moreover, although constitutions are intended to endure, they are often products of the particular crisis that forced their creation. Drafters are usually heavily affected by a desire to avoid repeating unpleasant historical experiences or to emulate what seem to be successful constitutional models. Theirs is a heavily constrained environment, made even more so by distrust and dissensus if the constitution follows a protracted period of internal conflict. Given all these conditions, drafting a constitution that is apt for the problems faced by the drafters is difficult, and prospects are not enhanced by advice that drafters follow a uniform constitutional process that emphasizes openness and public participation above all other values

Spring Season Survey of the Urban Blowflies (Diptera: Calliphoridae) of Chicago, Illinois

During May 1980, 1165 blowflies of 12 species were trapped on chemically enhanced rat carrion baits in a dense urban setting in Chicago. In descending order, Cynomyopsis cadaverina, Lucilia sericata, and Phormia regina were the most abundant species recovered (92% of total). These results are contrasted with other nearby blowfly surveys