113,768 research outputs found
Sertularella unituba Calder 1991
No full textSertularella unituba Calder, 1991a Fig. 9a, b Sertularella gayi unituba Calder, 1991a: 103, fig. 54. Type locality. Bermuda: 2 km southeast of Castle Roads (Calder 1991a). Voucher material. Off St. Lucie Inlet, 27°11.6’N, 80°00.7’W, 41 m, 18.v.1976, Johnson-Sea-Link, JSL 2048, two colony fragments, up to 2.3 cm high, without gonophores, coll. J. Reed, ROMIZ B1093.— Bethel Shoal off Vero Beach, 27°42.6’N, 80°06.8’W, 24 m, 18.ii.1976, Johnson-Sea-Link, JSL 328, diver lockout, five colonies and colony fragments, up to 4 cm high, two with gonothecae, coll. S. Nelson, ROMIZ B1099. Remarks. Originally described as Sertularella gayi unituba by Calder (1991a), the subspecific name was elevated to specific rank by Medel & Vervoort (1998). Their taxonomic judgment was followed by Vervoort (2006) and is accepted here. Its recognition as a species distinct from S. gayi Lamouroux, 1821 is supported by the molecular studies of Moura et al. (2011). Sertularella unituba has been regarded as likely conspecific with hydroids that Allman (1888) initially described under the name Sertularia exigua (not Sertularia exigua Allman, 1877; not Sertularella exigua Thompson, 1879), and on discovering the homonymy renamed in a plate caption as Sertularia laxa (not Sertularia laxa Lamarck, 1816) (see Medel & Vervoort 1998; Vervoort 2006). Inasmuch as both S. laxa and S. exigua are invalid junior primary homonyms, they do not threaten the name Sertularella unituba. As noted above in remarks on Sertularella conica Allman, 1877, questions remain over the identity of that species, and whether it and S. unituba may be conspecific. Reported distribution. Atlantic coast of Florida. First record. Western Atlantic. Bermuda (Calder 1991a) to the Dry Tortugas (Van Gemerdeen-Hoogeveen 1965, as Sertularella conica). Elsewhere. Eastern Atlantic (Allman 1888, as Sertularella exigua; Medel & Vervoort 1998; Vervoort 2006).Published as part of Calder, Dale R., 2013, Some shallow-water hydroids (Cnidaria: Hydrozoa) from the central east coast of Florida, USA, pp. 1-72 in Zootaxa 3648 (1) on page 30, DOI: 10.11646/zootaxa.3648.1.1, http://zenodo.org/record/526436
Plicatotheca anitae Calder & Vervoort 1986
No full text<i>Plicatotheca anitae</i> Calder & Vervoort, 1986 <p>Fig. 2c, d</p> <p> <i>Plicatotheca anitae</i> Calder & Vervoort, 1986: 2022, figs. 1–4.</p> <p> <b>Type locality.</b> Bermuda: 2 km southeast of Castle Roads, 60–90 m (Calder & Vervoort 1986).</p> <p> <b>Voucher material.</b> Off Sebastian Inlet, 27°52.5’N, 79°57.5’W, 75–98 m, 28.ii.1974, Smith-McIntyre grab, R/ V <i>Gosnold</i> Station 222/274D, six colony fragments, up to 1.5 cm high, with two gonothecae, ROMIZ B1072.</p> <p> <b>Remarks</b>. <i>Plicatotheca anitae</i> Calder & Vervoort, 1986 appears to be widely distributed, having been reported from the Pacific and Indian oceans as well as the western and eastern Atlantic. Although Bermuda is the type locality of the species, this is only the second record of it in the western Atlantic. It is a species of deeper waters, having a reported bathymetric distribution of 60–1480 m (Vervoort 2006). Specimens examined here were collected at the upper end of this range, on the outer edge of the continental shelf off the east coast of Florida.</p> <p> Gonothecae of <i>Plicatotheca anitae</i> are reported here for the second time. They correspond with the description of Gili <i>et al</i>. (1989), based on material from Guinea Bissau, western Africa, in being laterally flattened and triangular in shape. As with the specimens of Gili <i>et al</i>., gonothecae observed here were empty and the nature of the gonophore could not be determined.</p> <p> <i>Plicatotheca anitae</i> resembles <i>Campanulina denticulata</i> Clarke, 1907, originally described from abyssal depths (2845 fathoms = 5203 m) off Peru. In addition to trophosomal differences between the two noted earlier (Calder 1991a), the gonotheca of <i>P. anitae</i> is now known to be triangular rather than long and irregularly cylindrical as in <i>C. denticulata</i>. <i>Campanulina indivisa</i> Fraser, 1948 from 267–347 fathoms (488–634 m) off Catalina Island, California, regarded as conspecific with <i>C. denticulata</i> by Vervoort (1966), was referred to <i>Plicatotheca</i> Calder & Vervoort, 1986 by Calder <i>et al</i>. (2009). That generic assignment is doubtful if gonothecae of <i>C. indivisa</i>, presently unknown, prove identical with those of <i>C. denticulata</i>.</p> <p> <b>Reported distribution.</b> Atlantic coast of Florida. First record.</p> <p>Western Atlantic. Bermuda (Calder 1991a) to Florida (this study).</p> <p>Elsewhere. Atlantic and Indo-Pacific regions, from deeper neritic to bathyal depths (Vervoort 2006).</p>Published as part of <i>Calder, Dale R., 2013, Some shallow-water hydroids (Cnidaria: Hydrozoa) from the central east coast of Florida, USA, pp. 1-72 in Zootaxa 3648 (1)</i> on pages 14-15, DOI: 10.11646/zootaxa.3648.1.1, <a href="http://zenodo.org/record/5264362">http://zenodo.org/record/5264362</a>
Sertularella affinicostata Calder and Faucci 2021
No full textSertularella affinicostata Calder and Faucci, 2021 (Figure 6e, f) Sertularella affinicostata Calder and Faucci, 2021: 23, figs 7a–e, 8 Type locality Ecuador: Galápagos Islands, Isla Darwin (Calder and Faucci 2021). Material examined Chatham Bay, 5.56126, −87.04516, 1 colony, 2 mm high, without gonothecae, coll. I. Keith, #253534. –Chatham Bay, 5.56216, −87.04516, 9 colony fragments, to 6 mm high, without gonothecae, coll. I. Keith, #240612. –Wafer Bay, 5.5456, −87.06235, 9 colony fragments, to 2 mm high, without gonothecae, coll. G. Ashton, #240597. –Wafer Bay, 5.5456, −87.06235, 2 colonies, on two barnacles, to 2 mm high, without gonothecae, coll. G. Ashton, #240591. –Wafer Bay, 5.5456, −87.06235, 6 colony fragments, to 3 mm high, without gonothecae, coll. G. Ashton, #240592. –Wafer Bay, 5.54535, −87.06185, 4 colony fragments, to 2.5 mm high, without gonothecae, coll. G. Ashton, #240636. –Wafer Bay, 5.54535, −87.06185, 1 colony, on a barnacle, 4 mm high, without gonothecae, coll. G. Ashton, #240629. –Wafer Bay, 5.54535, −87.06185, 1 colony fragment, 4 mm high, without gonothecae, coll. G. Ashton, #240630. –Chatham Bay, 5.56126, −87.04516, 2 colony fragments, to 5 mm high, without gonothecae, coll. I. Keith, #307712. –Chatham Bay, 5.56126, −87.04516, 1 colony fragment, 3 mm high, without gonothecae, coll. I. Keith, #307711. –Chatham Bay, dock 004, no coordinates, 1 colony fragment, 2 mm high, without gonothecae, coll. G. Ashton, #266336. Remarks Sertularella affinicostata Calder and Faucci, 2021 was first reported, as S. costata Leloup, 1940, from the two northernmost and warmest of the Galápagos Islands, Wolf and Darwin (Calder et al. 2003). It was discovered a second time in a collection from French Frigate Shoals in the Northwestern Hawaiian Islands (Calder and Faucci 2021) and recognised therein as an undescribed species. Calder and Faucci (2021) also provide records of previously unreported material from Cousin Rock and Marchena Island in the Galápagos. The present record from Cocos Island constitutes the third record of this tiny but morphologically striking hydroid species. Hydroids of S. affinicostata are noteworthy in having a series of sharp-edged horizontal ridges that ring walls of its hydrothecae. Trophosomes of the species differ in part from those of S. costata, originally described from Sagami Bay, Japan, in having fewer (10–14) ridges instead of about 20 (Leloup 1940; Hirohito 1983, 1995). Hydrothecae also differ in being barrel-shaped rather than distinctly tapered distally, and a neck region lacking ridges below the rim is noticeably longer. The proximal end of the hydrocaulus is typically short rather than extending as a long, slender peduncle as in S. costata, and internodes of the hydrocaulus are shorter and thicker. The original account of S. affinicostata in Calder and Faucci (2021) was based on specimens from both the Galápagos Islands and the Northwestern Hawaiian Island. The holotype, from Darwin Island in the Galápagos archipelago, was selected as being the only fertile colony in the two collections. The species was well represented in our Cocos samples. It was present in 11 of the 42 samples (26%) of hydroids in the collection, although all of the specimens were sterile. Hydroids of S. affinicostata are minute, with colonies from Cocos Island ranging between 2 and 6 mm in height. Indeed, the holotype was merely 1.5 mm high. A substrate generalist, the species has been reported from barnacles, a sponge, calcareous rubble, algae and a hydroid stem (Calder and Faucci 2021). Specimens examined here were removed from fouling panels exposed at Chatham Bay and Wafer Bay. While S. affinicostata is certainly a species of shallow waters, its overall bathymetric range is not yet well known. Specimens from the Galápagos were collected at depths of 6 m off Wolf Island (Calder et al. 2003), and from 10 m off Cousin Rock and 8 m off Marchena Island (Calder and Faucci 2021). Collections from Cocos Island were on panels exposed at depths of 0.5– 3 m. A description and additional comments on S. affinicostata are provided by Calder and Faucci (2021). We treat S. affinicostata as cryptogenic in the Cocos, Galapagos and Hawaiian Islands. While potentially a member of a naturally transpacific fauna, its occurrence in shallow water, and particularly on biofouling panels in Cocos, do not exclude it from shipmediated transport. As we discuss below, an increasing number of invasions are recognised from open-ocean environments (such as in the Galapagos and the French Frigate Shoals), thus not excluding this species from being potentially introduced, even if its home port remains unknown at this time. Reported distribution Cocos Island: first record. Elsewhere: Galápagos Islands (Calder et al. 2003, as Sertularella costata); Northwestern Hawaiian Islands (Calder and Faucci 2021).Published as part of Calder, Dale R., Carlton, James T., Keith, Inti, Ashton, Gail V., Larson, Kristen, Ruiz, Gregory M., Herrera, Esteban & Golfin, Geiner, 2022, Biofouling hydroids (Cnidaria: Hydrozoa) from a Tropical Eastern Pacific island, with remarks on their biogeography, pp. 565-606 in Journal of Natural History 56 (9 - 12) on pages 588-590, DOI: 10.1080/00222933.2022.2068387, http://zenodo.org/record/701248
Geneva Calder
No full textMarietta High School students; studio portrait. Geneva Calder. (Orian, v. 16, 1934, p. 50). Name not listed
Calder v. : Reply Brief
No full textIn Re: J. RICHARD CALDER, Appellant. APPELLANT\u27S REPLY BRIEF F-253 and F-274 (Consolidated) No. 89011
Novel Scientific Evidence and Judicial "Gatekeeping": R v Calder and Daubert v Merrell Dow Pharmaceuticals Compared
No full textThis article examines the approach of the High Court to the admissibility of novel scientific expert evidence in R v Calder (Unreported, 12 April 1995, High Court, Christchurch Registry, T 154/94). In Calder, Tipping J establishes a "gatekeeping" role for judges which requires them to test novel scientific evidence for relevance and reliability. The article compares that approach with the approach taken by the United States Supreme Court in Daubert v Merrell Dow Pharmaceuticals (1993) 125 L Ed 2d 469. The implications of such a test are considered. Although the Court of Appeal has not considered the issues raised in Calder, the article concludes that the approach is the most suitable one for New Zealand.  
Calder v. : Brief of Respondent
No full textIn Re: J. RICHARD CALDER, Appellant. RESPONDENT\u27S BRIEF F-253 and F-274 (Consolidated) No. 89011
Terminating Calder: Effects Based Jurisdiction in the Ninth Circuit After Schwarzenegger v. Fred Martin Motor Co.
No full textIn Calder v. Jones, the Supreme Court clearly and succinctly determined that personal jurisdiction is appropriate over a defendant whose only contact with the forum state is its intentional actions aimed at and having harmful effects in the forum state. Illustrating the extent to which the law of personal jurisdiction had been relaxed from the time of Pennoyer v. Neff and International Shoe Co. v. Washington, Calder also extended the reach of state courts by permitting jurisdiction over out-of-state defendants on the strength of the plaintiffs\u27 connections with the forum state. Although Calder provided a welcome and much needed infusion of clarity and simplicity into the law of personal jurisdiction by providing a straightforward standard that courts could apply to evaluate assertions of jurisdiction over intentional tortfeasors, and by unifying the purposeful availment, relatedness, and reasonableness inquiries where intentional torts are at issue, many lower courts have been reluctant to embrace the broad jurisdictional ramifications of the decision and have opted instead to interpret the case in ways that narrow the scope of its jurisdictional grant. The result of this reluctance has been the denial of jurisdiction in cases where a proper application of Calder\u27s holding would suggest that jurisdiction is appropriate, and the continued utilization of complex and unpredictable approaches to determining the propriety of assertions of personal jurisdiction over intentional tortfeasors. More importantly, lower courts\u27 continuing reluctance to embrace fully the jurisdictional vision of Calder frustrates plaintiffs\u27 ability to sue in their home states and impedes the effort initiated by the Calder Court to empower states to resolve all disputes arising from harms directed into their territory.
Last June, in Schwarzenegger v. Fred Martin Motor Co., the United States Court of Appeals for the Ninth Circuit illustrated this phenomenon when, faced with a claim of infringement on actor Arnold Schwarzenegger\u27s right of publicity, it held that the unauthorized use of the movie star\u27s image and likeness in an Ohio advertisement was an personal jurisdiction in California courts. By so doing, the Ninth Circuit in Schwarzenegger refused to allow jurisdiction under a set facts that clearly met the standard articulated by the Supreme Court in Calder. This error was an outgrowth not only of the Ninth Circuit\u27s use and misapplication of its own adulterated version of the Calder test, but also of the court\u27s confusion-a confusion shared by many courts-regarding the proper scope of state court jurisdiction in the intentional torts context in the wake of Calder.
Part I of this article will discuss the Calder opinion and argue that its jurisdictional vision was an expansive one that intended to permit the assertion of jurisdiction by states over all disputes arising out of harms directed into their territory. Part II will review Ninth Circuit cases interpreting and applying the Calder decision, revealing a string of decisions that eventually misconstrued the jurisdictional ideal suggested in Calder. Part III will discuss the Schwarzenegger decision and where the Schwarzenegger court\u27s analysis went wrong, ultimately concluding that the court\u27s shift of focus to the aim of Fred Martin\u27s advertisement rather than of the tort allegedly contained within it allowed the court to find the requisite express aiming to be lacking. Part IV suggests that the Schwarzenegger decision is a manifestation of deeper doctrinal confusion in the Ninth Circuit, arguing that the Ninth Circuit\u27s iteration of the Calder effects test used in Schwarzenegger is unfaithful to the standard established in Calder. The Article concludes with a proposal for a much needed revision to the Ninth Circuit test
Calder Furniture Company delivery trucks
No full textThree Calder Furniture Company trucks outside the store building located at 300 Eighteenth Street, North
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Terminating Calder: Effects Based Jurisdiction in the Ninth Circuit After Schwarzenegger v. Fred Martin Motor Co.
No full textIn Calder v. Jones, the Supreme Court clearly and succinctly determined that personal jurisdiction is appropriate over a defendant whose only contact with the forum state is its intentional actions aimed at and having harmful effects in the forum state. Illustrating the extent to which the law of personal jurisdiction had been relaxed from the time of Pennoyer v. Neff and International Shoe Co. v. Washington, Calder also extended the reach of state courts by permitting jurisdiction over out-of-state defendants on the strength of the plaintiffs\u27 connections with the forum state. Although Calder provided a welcome and much needed infusion of clarity and simplicity into the law of personal jurisdiction by providing a straightforward standard that courts could apply to evaluate assertions of jurisdiction over intentional tortfeasors, and by unifying the purposeful availment, relatedness, and reasonableness inquiries where intentional torts are at issue, many lower courts have been reluctant to embrace the broad jurisdictional ramifications of the decision and have opted instead to interpret the case in ways that narrow the scope of its jurisdictional grant. The result of this reluctance has been the denial of jurisdiction in cases where a proper application of Calder\u27s holding would suggest that jurisdiction is appropriate, and the continued utilization of complex and unpredictable approaches to determining the propriety of assertions of personal jurisdiction over intentional tortfeasors. More importantly, lower courts\u27 continuing reluctance to embrace fully the jurisdictional vision of Calder frustrates plaintiffs\u27 ability to sue in their home states and impedes the effort initiated by the Calder Court to empower states to resolve all disputes arising from harms directed into their territory.
Last June, in Schwarzenegger v. Fred Martin Motor Co., the United States Court of Appeals for the Ninth Circuit illustrated this phenomenon when, faced with a claim of infringement on actor Arnold Schwarzenegger\u27s right of publicity, it held that the unauthorized use of the movie star\u27s image and likeness in an Ohio advertisement was an personal jurisdiction in California courts. By so doing, the Ninth Circuit in Schwarzenegger refused to allow jurisdiction under a set facts that clearly met the standard articulated by the Supreme Court in Calder. This error was an outgrowth not only of the Ninth Circuit\u27s use and misapplication of its own adulterated version of the Calder test, but also of the court\u27s confusion-a confusion shared by many courts-regarding the proper scope of state court jurisdiction in the intentional torts context in the wake of Calder.
Part I of this article will discuss the Calder opinion and argue that its jurisdictional vision was an expansive one that intended to permit the assertion of jurisdiction by states over all disputes arising out of harms directed into their territory. Part II will review Ninth Circuit cases interpreting and applying the Calder decision, revealing a string of decisions that eventually misconstrued the jurisdictional ideal suggested in Calder. Part III will discuss the Schwarzenegger decision and where the Schwarzenegger court\u27s analysis went wrong, ultimately concluding that the court\u27s shift of focus to the aim of Fred Martin\u27s advertisement rather than of the tort allegedly contained within it allowed the court to find the requisite express aiming to be lacking. Part IV suggests that the Schwarzenegger decision is a manifestation of deeper doctrinal confusion in the Ninth Circuit, arguing that the Ninth Circuit\u27s iteration of the Calder effects test used in Schwarzenegger is unfaithful to the standard established in Calder. The Article concludes with a proposal for a much needed revision to the Ninth Circuit test
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