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The Environmental Protection Agency Turns Fifty, Jonathan Adler Jan 2020

The Environmental Protection Agency Turns Fifty, Jonathan Adler

Faculty Publications

In anticipation of the fiftieth anniversary of the EPA’s founding, the Coleman P. Burke Center for Environmental Law and the Case Western Reserve Law Review sponsored a symposium to look at the past, present, and future of the EPA. The conference featured an array of environmental-law and -policy experts, including individuals who served in environmental-policy positions in each of the last four presidential administrations, as well as the current EPA Administrator, Andrew Wheeler.

This article is an introduction for the articles from this conference that are published in this special symposium issue of the law review.

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Essentially Elective: The Law And Ideology Of Restricting Abortion During The Covid-19 Pandemic, B. Jessie Hill Jan 2020

Essentially Elective: The Law And Ideology Of Restricting Abortion During The Covid-19 Pandemic, B. Jessie Hill

Faculty Publications

During the COVID-19 pandemic, several states adopted orders temporarily suspending elective surgeries and procedures. A subset of those states moved to limit abortions under those orders, provoking emergency litigation to keep abortion clinics open and functioning. No similar lawsuits have been necessary to protect access to other time-sensitive medical procedures. So why was abortion singled out for disparate treatment?

This Essay provides an overview of the litigation that ensued in the wake of some states’ attempts to limit abortion access under the authority of executive orders banning non-essential or elective procedures. It argues that abortion was singled out in two …

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Reconsidering Hostile Takeover Of Religious Organizations, B. Jessie Hill Jan 2020

Reconsidering Hostile Takeover Of Religious Organizations, B. Jessie Hill

Faculty Publications

Beginning in 2016, the headlines of major publications began announcing that Donald Trump had successfully completed a “hostile takeover” of the Republican Party. Whether this appraisal is accurate or not, it reflects concern about the associational integrity of a voluntary private organization—the Republican Party—and it suggests that some forms of organizational transformation are problematic. Moreover, the same concern might arise regarding other private associations, including religious associations. Yet, given that some transformation is inevitable and universal within religious and other voluntary organizations, it would be unwarranted to assume that all change within a religious organization is necessarily problematic.

This Article …

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Electrophysiological And Motor Responses To Chemosensory Stimuli In Isolated Cephalopod Arms, Kaitlyn E. Fouke, Heather J. Rhodes Jan 2020

Electrophysiological And Motor Responses To Chemosensory Stimuli In Isolated Cephalopod Arms, Kaitlyn E. Fouke, Heather J. Rhodes

Faculty Publications

No abstract provided.

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Losing As And Fs: What Works For Schools Implementing Standards-Based Grading?, Matt Townsley, Tom Buckmiller Jan 2020

Losing As And Fs: What Works For Schools Implementing Standards-Based Grading?, Matt Townsley, Tom Buckmiller

Faculty Publications

The purpose of this essay is to document what works when K-12 schools implement standards-based grading through a deep dive into related literature and to suggest areas for future considerations. To ignore what others are doing and what is presented in the research literature on teaching and learning is not only inefficient, it is also irresponsible and unprofessional (Gupton, 2010). As more schools work to implement a robust teaching, learning and assessment system, K-12 teachers and administrators in the early stages of redesigning their grading practices will be looking towards the successes and struggles of early adopters in order to …

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A New State Registration Act: Legislating A Longer Arm For Personal Jurisdiction, Charles W. (Rocky) Rhodes, Cassandra Burke Robertson Jan 2020

A New State Registration Act: Legislating A Longer Arm For Personal Jurisdiction, Charles W. (Rocky) Rhodes, Cassandra Burke Robertson

Faculty Publications

In a sextet of recent decisions, the Roberts Court upended the longstanding framework for general and specific contacts-based personal jurisdiction. The Court's new approach has engendered uncertainty and erected insurmountable obstacles for some plaintiffs in locating an effective forum to vindicate their rights. We propose a novel solution to the injustices and unpredictability unleashed by these decisions: a new model corporate registration act that would require, as a condition of doing business in a state, the corporation's consent to personal jurisdiction in defined circumstances that implicate state sovereign regulatory, protective, and prescriptive interests.

Registration-based consent to jurisdiction has a long …

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Abandoning Copyright, Dave Fagundes, Aaron K. Perzanowski Jan 2020

Abandoning Copyright, Dave Fagundes, Aaron K. Perzanowski

Faculty Publications

For nearly two hundred years, U.S. copyright law has assumed that owners may voluntarily abandon their rights in a work. But scholars have largely ignored copyright abandonment, and the case law is fragmented and inconsistent. As a result, abandonment remains poorly theorized, owners can avail themselves of no reliable mechanism to abandon their works, and the practice remains rare. This Article seeks to bring copyright abandonment out of the shadows, showing that it is a doctrine rich in conceptual, normative, and practical significance. Unlike abandonment of real and chattel property, which imposes significant public costs in exchange for discrete private …

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Why Choose Ltas? An Empirical Study Of Ohio Manufacturer’S Contractual Choices Through A Bargaining Lens, Juliet P. Kostritsky, Jessica Ice Jan 2020

Why Choose Ltas? An Empirical Study Of Ohio Manufacturer’S Contractual Choices Through A Bargaining Lens, Juliet P. Kostritsky, Jessica Ice

Faculty Publications

This paper contributes to recent scholarship regarding Long Term Agreements (LTAs) by providing empirical evidence that suppliers are more likely to undertake the costs of an LTA if the transaction requires significant capital expenditures or the potential for large sunk costs. Through a survey of a random group of 63 Ohio supplier/manufacturers, the paper explores why supplier/manufacturers with a full range of contractual and non-contractual solutions might choose one set of arrangements over others. It then seeks to link its findings to a broader theory of how parties bargain to solve durable problems under conditions of uncertainty, sunk costs and …

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Concepts, Not Nomenclature: Universal Injunctions, Declaratory Judgments, Opinions And Precedent, Howard Wasserman Jan 2020

Concepts, Not Nomenclature: Universal Injunctions, Declaratory Judgments, Opinions And Precedent, Howard Wasserman

Faculty Publications

Battle lines are drawn on the permissibility and validity of injunctions in federal constitutional litigation purporting to halt government enforcement of a challenged law against all possible targets of that law and to protect all rights holders against enforcement. Courts, members of the Supreme Court, and legal scholars are divided — some supporting and others rejecting them as impermissible.; I have staked my position in the latter camp.

From that starting point, this paper considers three subsidiary issues: 1) the proper label for these injunctions, arguing that “universal” or “non-particularized” is a more accurate term than the prevailing “nationwide”; 2) …

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"Family Values Don't Stop At The Rio Grande..." : Can The Republican Party Convert Hispanic Voters?, Donald Davison Jan 2020

"Family Values Don't Stop At The Rio Grande..." : Can The Republican Party Convert Hispanic Voters?, Donald Davison

Faculty Publications

As the Hispanic community becomes increasingly important in American politics there are competing views about whether they can be converted to the Republican Party. One perspective argues that Hispanics’ religion and traditional social values makes them natural constituents of the Republican Party. Alternatively, Hispanics are primarily concerned about issues promoting their well-being, while topics such as moral values or religion are private. I use a novel approach to test whether traditional social values might attract Hispanic voters to the Republican Party. Using exit poll results for ballot propositions on moral issues from Arizona, Colorado, and Florida I find weak evidence …

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Common Intellectual Experiences And Academic Libraries, Susan Montgomery, Jonathan H. Harwell Jan 2020

Common Intellectual Experiences And Academic Libraries, Susan Montgomery, Jonathan H. Harwell

Faculty Publications

As discussed throughout this volume, colleges and universities have explored ways to integrate high-impact practices into their campus learning. At Rollins College, a small liberal arts college with a graduate business school in Winter Park, Florida, faculty members have been essential in fostering initiatives that center on creating a common learning experience for their students. As library faculty members at Rollins, we have been heavily involved with the rFLA (Rollins Foundations in the Liberal Arts) curriculum for undergraduates. This chapter presents our work as a case study.

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When Is An Investment Loss Deductible? Adkins V. United States Provides Taxpayer-Friendly Guidance, Erik M. Jensen Jan 2020

When Is An Investment Loss Deductible? Adkins V. United States Provides Taxpayer-Friendly Guidance, Erik M. Jensen

Faculty Publications

No abstract provided.

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College Athletics And The Tax On Unrelated Business Income: Will ‘Student Athletes’ Still Be Students After The Ncaa Changes Its Rules?, Erik M. Jensen Jan 2020

College Athletics And The Tax On Unrelated Business Income: Will ‘Student Athletes’ Still Be Students After The Ncaa Changes Its Rules?, Erik M. Jensen

Faculty Publications

This article considers the effects of the California Fair Pay to Play Act—permitting a student athlete at any California college, beginning in 2023, to profit from income generated by the athlete’s “name, image, or likeness”—and the NCAA’s apparent acceptance of that principle on the liability of big-time athletic colleges for the unrelated business income tax (UBIT). College athletic teams historically have not been subject to UBIT because of the pretense that the participants are student athletes. Although the Fair Pay to Play Act and the NCAA’s response might not yet require discarding that pretense, the probable next step—direct compensation by …

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Is A Tax On Wealth Constitutional?, Erik M. Jensen Jan 2020

Is A Tax On Wealth Constitutional?, Erik M. Jensen

Faculty Publications

Informal proposals to enact a national wealth tax have been around for a while, and Senator Elizabeth Warren, while still a presidential candidate, promoted a specific form of wealth tax: a tax on the net wealth of high-net-worth individuals. Whatever the economic and ethical merits of such a proposal, this article concludes that the tax as proposed would be unconstitutional. It would be a direct tax that, if not apportioned among the states on the basis of population, would fail to meet constitutional requirements. Furthermore, if it were apportioned, it couldn’t work in the way Senator Warren wants it to.

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An Integrated Method For Coding Trees, Measuring Tree Diameter, And Estimating Tree Positions, Linhao Sun, Luming Fang, Yuhi Weng, Siqing Zheng Jan 2020

An Integrated Method For Coding Trees, Measuring Tree Diameter, And Estimating Tree Positions, Linhao Sun, Luming Fang, Yuhi Weng, Siqing Zheng

Faculty Publications

Accurately measuring tree diameter at breast height (DBH) and estimating tree positions in a sample plot are important in tree mensuration. The main aims of this paper include (1) developing a new, integrated device that can identify trees using the quick response (QR) code technique to record tree identifications, measure DBH, and estimate tree positions concurrently; (2) designing an innovative algorithm to measure DBH using only two angle sensors, which is simple and can reduce the impact of eccentric stems on DBH measures; and (3) designing an algorithm to estimate the position of the tree by combining ultra-wide band (UWB) …

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Activity Level-Predation Risk Tradeoff In A Tadpole Guild: Implications For Community Organization Along The Hydroperiod Gradient, Nicholas C. Schiwitz, Christopher M. Schalk, Daniel Saenz Jan 2020

Activity Level-Predation Risk Tradeoff In A Tadpole Guild: Implications For Community Organization Along The Hydroperiod Gradient, Nicholas C. Schiwitz, Christopher M. Schalk, Daniel Saenz

Faculty Publications

Increasing activity levels permit greater food intake for use towards growth and reproduction, consequently increasing predation risk via increased detection. Larval anurans are models to examine activity level-predation risk tradeoffs, as they occupy a variety of lentic habitats that impose constraints on the distribution and abundance of species. Ephemeral ponds have a low abundance and diversity of predators and as a result tadpole species tend to have high foraging rates for rapid development. Permanent ponds generally possess a greater diversity and abundance of predators and tadpoles inhabiting these locations tend to have low activity rates or chemical defenses to minimize …

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Modeling Early Responses Of Loblolly Pine Growth To Thinning In The Western Gulf Coastal Plain Region, Yuhi Weng, J. Grogan, Dean W. Coble Jan 2020

Modeling Early Responses Of Loblolly Pine Growth To Thinning In The Western Gulf Coastal Plain Region, Yuhi Weng, J. Grogan, Dean W. Coble

Faculty Publications

Growth response to thinning has long been a research topic of interest in forest science. This study presents the first 3–4 years of response of loblolly pine (Pinus taeda L.) growth to thinning at different intensities. Data were collected from the East Texas Pine Research Project’s region-wide loblolly pine thinning study, which covers a wide variety of stand conditions. Four treatments, light, moderate, and heavy thinning, respectively having 370, 555, and 740 residual trees per hectare after thinning, and an unthinned control, were included. Individual tree diameter at breast height (dbh) and total height were recorded annually for the …

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Integration Of Citygreen Landscape Ecological Analysis Into A Capstone Environmental Science Course, David L. Kulhavy, Daniel R. Unger, Reid Viegut, I-Kuai Hung, Yanli Zhang Jan 2020

Integration Of Citygreen Landscape Ecological Analysis Into A Capstone Environmental Science Course, David L. Kulhavy, Daniel R. Unger, Reid Viegut, I-Kuai Hung, Yanli Zhang

Faculty Publications

CITYgreen Geographic Information Systems software was used to develop a campus wide cover type map for Stephen F. Austin State University in an environmental science landscape ecology course. The finding indicated an equal division of forest cover type compared to impervious surface of buildings and paved surface. Once the classification was completed, students chose an area for reforestation identified in CITYgreen, while raising funds for the purchase of trees for the project. Before completing the project, students reviewed tenets of landscape ecology, civic ecology education, and benefits of urban forestry. At the completion of the project, students reviewed service-learning aspects …

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Community Media In The United States: Fostering Pluralism And Inclusivity In Challenging Times, Michael Huntsberger Jan 2020

Community Media In The United States: Fostering Pluralism And Inclusivity In Challenging Times, Michael Huntsberger

Faculty Publications

For most Americans, public service media (PSM) are synonymous with National
Public Radio for radio and audio and Public Broadcasting Service for television
and video. However, these national services do not fully circumscribe the PSM
sphere in the United States. US community media are non-commercial, locally
controlled outlets that produce content intended for local audiences, most often
focused on local concerns associated with housing, education, government and the
arts. This study provides an overview of the present state of community media
in the United States. It draws on a variety of sources, including data from the
industry, and from the …

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Covid-19 In Indigenous Communities: Five Protective Factors Of “Exercising” Sovereignty, Kelsey Leonard, Natalie Welch, Alisse Ali-Joseph Jan 2020

Covid-19 In Indigenous Communities: Five Protective Factors Of “Exercising” Sovereignty, Kelsey Leonard, Natalie Welch, Alisse Ali-Joseph

Faculty Publications

Indigenous Peoples have an inherent responsibility and right to “exercising” sovereignty - the practice of sport and physical activity in performance of our cultural, political, and spiritual citizenship (Ali-Joseph 2018). During the COVID-19 pandemic, access to and equity (inequity) in sport and physical activity has been felt (physically, spiritually, politically) within Indigenous communities. We implement an abundance-based Indigenous approach to understanding Indigenous Peoples’ responses to the coronavirus pandemic through sport and its far-reaching ramifications in Indian Country. In response to the COVID-19 pandemic we have seen Indigenous Peoples utilize social media such as Facebook and TikTok to reimagine Indigenous sport …

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Data Streaming Processing Window Joined With Graphics Processing Units (Gpus), Shen Lu, Richard S. Segall Jan 2020

Data Streaming Processing Window Joined With Graphics Processing Units (Gpus), Shen Lu, Richard S. Segall

Faculty Publications

Big data is large-scale data and can be either discrete or continuous. This article entails research that discusses the continuous case of big data often called “data streaming.” More and more businesses will depend on being able to process and make decisions on streams of data. This article utilizes the algorithmic side of data stream processing often called “stream analytics” or “stream mining.” Data streaming Windows Join can be improved by using graphics processing unit (GPU) for higher performance computing. Data streams are generated by two independent threads: one thread can be used to generate Data Stream A, and the …

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Big Data And Its Visualization With Fog Computing, Richard S. Segall, Gao Niu Jan 2020

Big Data And Its Visualization With Fog Computing, Richard S. Segall, Gao Niu

Faculty Publications

Big Data is data sets that are so voluminous and complex that traditional data processing application software are inadequate to deal with them. This article discusses what is Big Data, and its characteristics, and how this information revolution of Big Data is transforming our lives and the new technology and methodologies that have been developed to process data of these huge dimensionalities. Big Data can be discrete or a continuous stream of data, and can be accessed using many types and kinds of computing devices ranging from supercomputers, personal work stations, to mobile devices and tablets. Discussion is presented of …

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Open Source Software (Oss) For Big Data, Richard S. Segall Jan 2020

Open Source Software (Oss) For Big Data, Richard S. Segall

Faculty Publications

This chapter discusses Open Source Software and associated technologies for the processing of Big Data. This includes discussions of Hadoop-related projects, the current top open source data tools and frameworks such as SMACK that is acronym for open source technologies Spark, Mesos, Akka, Cassandra, and Kafka that together compose the ingestion, aggregation, analysis, and storage layers for Big Data processing. Tabular summaries and categories for 38 Open Source Statistical Software (OSSS) are provided that include for each listing of features and URLs for free downloads. The current challenges of Big Data and Open Source Software are also discussed.

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Anthropogenic, Direct Pressures On Coastal Wetlands, A Newton, J Icely, S Cristina, G M. Perillo, A Newton, D Ashan, S Cragg, Y M. Luo, C Tu, Y Li, H B. Zhang, R Ramesh, D L. Forbes, C Solidoro, B Bejaoui, S Gao, R Pastres, H Kelsey, D Taillie, N Nhan, A C. Brito, L I. De, K U. R, C Jan 2020

Anthropogenic, Direct Pressures On Coastal Wetlands, A Newton, J Icely, S Cristina, G M. Perillo, A Newton, D Ashan, S Cragg, Y M. Luo, C Tu, Y Li, H B. Zhang, R Ramesh, D L. Forbes, C Solidoro, B Bejaoui, S Gao, R Pastres, H Kelsey, D Taillie, N Nhan, A C. Brito, L I. De, K U. R, C

Faculty Publications

Coastal wetlands, such as saltmarshes and mangroves that fringe transitional waters, deliver important ecosystem services that support human development. Coastal wetlands are complex social-ecological systems that occur at all latitudes, from polar regions to the tropics. This overview covers wetlands in five continents. The wetlands are of varying size, catchment size, human population and stages of economic development. Economic sectors and activities in and around the coastal wetlands and their catchments exert multiple, direct pressures. These pressures affect the state of the wetland environment, ecology and valuable ecosystem services. All the coastal wetlands were found to be affected in some …

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The Resilience Of Coastal Marshes To Hurricanes: The Potential Impact Of Excess Nutrients, Y Mo, M S. Kearney, R. Eugene Turner Jan 2020

The Resilience Of Coastal Marshes To Hurricanes: The Potential Impact Of Excess Nutrients, Y Mo, M S. Kearney, R. Eugene Turner

Faculty Publications

Hurricanes pose an increasing threat to coastal environments as the intensity and severity of hurricanes are predicted to increase under the changing climate. Coastal wetlands are effective nature-based defenses of coastal cities against storms. However, the ecosystems themselves are also susceptible to the impacts of hurricanes, which are highly complex and not fully understood. Here we utilize multi-decadal satellite data archives (Landsat 1984-2014 and MODIS 2005-2015) and long-term coast-wide field-based environmental data (1978-2018) to investigate the impacts of hurricanes Katrina (2005), Gustav (2008), and Isaac (2012) on the coastal marshes in Louisiana, USA, where the hurricanes made landfall. While the …

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Effects Of Mississippi River Water On Phytoplankton Growth And Composition In The Upper Barataria Estuary, Louisiana, Ling Ren, Nancy N. Rabalais, R. Eugene Turner Jan 2020

Effects Of Mississippi River Water On Phytoplankton Growth And Composition In The Upper Barataria Estuary, Louisiana, Ling Ren, Nancy N. Rabalais, R. Eugene Turner

Faculty Publications

Diversion of river waters to adjacent estuaries may occur during wetland restoration, navigation channel development, or storms. We proposed that diversions of nitrogen- and phosphorus-enriched waters from the river to estuarine waters would result in increased phytoplankton biomass and shifts to noxious or harmful algal blooms. We tested this hypothesis by conducting four seasonal microcosm experiments in which Mississippi River water was mixed at different volume ratios with ambient estuarine waters of three lakes in the upper Barataria Basin, Louisiana, USA. These lakes included two brackish lakes that were in the path of diverted Mississippi River water, and a freshwater …

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Soil Shear Strength Losses In Two Fresh Marshes With Variable Increases In N And P Loading, R. Eugene Turner, Christopher Swarzenski, James E. Bodker Jan 2020

Soil Shear Strength Losses In Two Fresh Marshes With Variable Increases In N And P Loading, R. Eugene Turner, Christopher Swarzenski, James E. Bodker

Faculty Publications

We measured soil shear strength (SSS) from 2009 to 2018 in two hydrologically distinct freshwater marshes dominated by Panicum hemitomon after nitrogen (N) and phosphorous (P) were applied to the surface in spring. The SSS averaged over 100-cm depth in the floating and anchored marshes declined up to 30% throughout the profiles and with no apparent differences in the effects of the low, medium, and high N + P dosing. Plots with only N or P additions exhibited significant changes in SSS at individual depths below 40 cm for the anchored marsh, but not the floating marsh. The average SSS …

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Geometry And Topology Of Estuary And Braided River Channel Networks Automatically Extracted From Topographic Data, Matthew Hiatt Jan 2020

Geometry And Topology Of Estuary And Braided River Channel Networks Automatically Extracted From Topographic Data, Matthew Hiatt

Faculty Publications

No abstract provided.

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Historical Shifts In Benthic Infaunal Diversity In The Northern Gulf Of Mexico Since The Appearance Of Seasonally Severe Hypoxia, N.N. Rabalais, M.M. Baustian Jan 2020

Historical Shifts In Benthic Infaunal Diversity In The Northern Gulf Of Mexico Since The Appearance Of Seasonally Severe Hypoxia, N.N. Rabalais, M.M. Baustian

Faculty Publications

No abstract provided.

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Role Of Delta-Front Erosion In Sustaining Salt Marshes Under Sea-Level Rise And Fluvial Sediment Decline, S.L. Yang, X. Luo, S. Temmerman, M. Kirwan, T. Bouma, K. Xu, S. Zhang, J. Fan, B. Shi Jan 2020

Role Of Delta-Front Erosion In Sustaining Salt Marshes Under Sea-Level Rise And Fluvial Sediment Decline, S.L. Yang, X. Luo, S. Temmerman, M. Kirwan, T. Bouma, K. Xu, S. Zhang, J. Fan, B. Shi

Faculty Publications

No abstract provided.

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