Digital Commons Network^™

Stand Conditions And Tree Characteristics Affect Quality Of Longleaf Pine For Red-Cockaded Woodpecker Cavity Trees, W. G. Ross, David Kulhavy, Richard N. Conner

Faculty Publications

We measured resin flow of longleaf (Pirzus palustris Mill.) pines in red-cockaded woodpecker (Picoides borealis Vieillot) clusters in the Angelina National Forest in Texas, and the Apalachicola National Forest in Florida. Sample trees were categorized as active cavity trees, inactive cavity trees and control trees. Sample trees were further categorized by stand position as either edge or interior trees. Longleaf cavity trees in Texas and Florida had similar resin flow characteristics. Active cavity trees on forest edges had the highest resin flow, whereas active cavity trees in forest interiors had the lowest. Trees experiencing both low and high levels of …

The Red-Cockaded Woodpecker's Role In The Southern Pine Ecosystem, Population Trends And Relationships With Southern Pine Beetles, Richard N. Conner, D. Craig Rudolph, Daniel Saenz, Robert N. Coulson

Faculty Publications

This study reviews the overall ecological role of the Red-cockaded Woodpecker (Picoides borealis)in the southern pine ecosystem. It is the only North American woodpecker species to become well adapted to a landscape that was relatively devoid of the substrate typically used by woodpeckers for cavity excavation (i.e. snags and decayed, living hardwoods). Its adaptation to use living pines for cavity excavation has expanded the use of this fire-disclimax ecosystem for numerous other cavity-using species. As such, the Red-cockaded Woodpecker represents an important keystone species of fire-disclimax pine ecosystems of the South. Historically, populations of this woodpecker and other cavity dependent …

Species Using Red-Cockaded Woodpecker Cavities In Eastern Texas, Richard N. Conner, D. Craig Rudolph, Daniel Saenz, Richard R. Schaefer

Faculty Publications

Because of its ability to excavate cavities in living pines, the Red-cockaded Woodpecker (Picoides borealis) is a keystone species in the fire-disclimax, pine ecosystems of the southeastern United States. Many species representing multiple taxonomic classes are dependent on this woodpecker species for the cavities it creates. We examined the occupants of Red-cockaded Woodpecker cavities during spring, late summer, and winter. Cavities enlarged by other species of woodpeckers and unenlarged cavities were examined in two habitat conditions: loblolly (Pinus taeda) -shortleaf (P. echinata) pine and longleaf pine (P. palustris) habitats. Red-cockaded Woodpecker cavities provided cavity habitat for seven species of birds, …

To Borrow Or Not To Borrow? The Financial Attractiveness Of Borrowing Funds To Apply Herbicides For Hardwood Control In Establishing Loblolly Pine Stands On Cutover Sites In The South, Steven H. Bullard, R. Honea

Faculty Publications

No abstract provided.

Grounds For Argument: Local Understandings, Science, And Global Processes In Special Forest Products Harvesting, Thomas Love, Eric Jones

Faculty Publications

In posing the question "Where are the pickers?", Love and Jones suggest that the shifting paradigm in forestry is real and that academia is not leading the shift. Love and Jones illustrate the emergence of special forest products' legitimacy in competing uses of forests with their experience and research in mushroom harvesting in the Pacific Northwest.

Impacts Of Climate Change On Net Productivity Of Coastal Waters: Implications For Carbon Budgets And Hypoxia, D Justic, N N. Rabalais, R. Eugene Turner

Faculty Publications

General circulation models predict that freshwater discharge from the Mississippi River (USA) to the coastal ocean would increase 20 % if atmospheric CO2 concentration doubles. Here we use a coupled physical-biological 2-box model to investigate the potential impacts of increased freshwater and nutrient inputs on the production and decay of organic matter in the coastal waters of the northern Gulf of Mexico. Model results for a doubled CO2 climate indicate that the annual net productivity of the upper water column (NP, 0 to 10 m) is likely to increase by 65 g C m(-2) yr(-1), relative to a 1985-1992 average …

Abundance And Vertical Flux Of Pseudo-Nitzschia In The Northern Gulf Of Mexico, Q Dortch, R Robichaux, S Pool, D Milsted, Q Dortch, N N. Rabalais, T M. Soniat, G A. Fryxell, R. Eugene Turner, M L. Parsons

Faculty Publications

Many species of the ubiquitous pennate diatom genus Pseudo-nitzschia have recently been discovered to produce domoic acid, a potent neurotoxin which causes Amnesic Shellfish Poisoning (ASP). Pseudo-nitzschia spp. were extremely abundant (up to 10(8) cells l(-1); present in 67% of 2195 samples) from 1990 to 1994 on the Louisiana and Texas, USA, continental shelves and moderately abundant (up to 10(5) cells l(-1); present in 18% of 192 samples) over oyster beds in the Terrebonne Bay estuary in Louisiana in 1993 and 1994. On the shelf there was a strong seasonal cycle with maxima every spring for 5 yr and sometimes …

Time Series Measurements Of Chlorophyll Fluorescence In The Oceanic Bottom Boundary Layer With A Multisensor Fiber-Optic Fluorometer, E.J. D'Sa, S.E. Lohrenz, V.L. Asper, R.A. Walters

Faculty Publications

No abstract provided.

Character Is Everything: Promoting Ethical Excellence In Sports, Paul M. Anderson

Faculty Publications

No abstract provided.

Book Review: Intellectual Property In Europe, Ramon A. Klitzke

Faculty Publications

No abstract provided.

Book Review: Competition Regulation In The Pacific Rim, Ramon A. Klitzke

Faculty Publications

No abstract provided.

“Of Crime And The River (Of Appeals)”: When Can A Federal Habeas Court Raise State Procedural Bars On Its Own Motion?, Daniel D. Blinka

Faculty Publications

No abstract provided.

Professional Sports Franchise Relocations From Private Law And Public Law Perspectives: Balancing Marketplace Competition, League Autonomy, And The Need For A Level Playing Field, Matthew J. Mitten, Bruce W. Burton

Faculty Publications

No abstract provided.

Foreward To Sports Law As A Reflection Of Society's Laws And Values, Matthew J. Mitten

Faculty Publications

No abstract provided.

Electronic Discovery: Making Your Opponent's Computer A Vital Part Of Your Legal Team, Jay E. Grenig

Faculty Publications

No abstract provided.

"Practical Inconvenience" Or Conceptual Confusion: The Common-Law Genesis Of Federal Rule Of Evidence 703, Daniel D. Blinka

Faculty Publications

No abstract provided.

The "Original Intent" Of U.S. International Taxation, Michael M. O'Hear, Michael J. Graetz

Faculty Publications

No abstract provided.

Book Review: Religion In Public Life: A Dilemma For Democracy, Scott C. Idleman

Faculty Publications

No abstract provided.

Is A Prosecutor Who Gives Sworn, But False, Statements To Obtain An Arrest Warrant Entitled To Absolute Immunity From Suit?, J. Gordon Hylton

Faculty Publications

No abstract provided.

Are Alabama Sheriffs County Officials For Purposes Of Local Governmental Liability Under Federal Civil Rights Law?, J. Gordon Hylton

Faculty Publications

No abstract provided.

“Cram Down” In Bankruptcy: Is A Secured Creditor Entitled To Replacement Value, Foreclosure Value, Or The Average Of The Two?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

Remorse, Cooperation, And "Acceptance Of Responsibility": The Structure, Implementation, And Reform Of Section 3e1.1 Of The Federal Sentencing Guidelines, Michael M. O'Hear

Faculty Publications

No abstract provided.

A Constitutional Case For Governmental Cooperation With Faith-Based Social Service Providers, Carl H. Esbeck

Faculty Publications

This Article will refer to separationism as based on "older assumptions." The Court's presuppositions concerning the nature and contemporary value of religion and the proper role of modem government underlie what will be referred to as a "traditional analysis" of the case law. Part I is a partial overview of the Supreme Court's cases since Everson, and has the goal of making the strongest arguments-within the framework of separationism-for the constitutionality of governmental welfare programs that permit participation by faith-based social service providers.

Part II is about separationism's major competitor, a theory centered on the unleashing of personal liberty to …

Consent, Contract, And The Responsibilities Of Insurance Defense Counsel, Robert H. Jerry Ii

Faculty Publications

This paper examines some of the assumptions on which many contemporary assessments of defense counsel's relationship with the insurer and the policyholder rest, contends that some of the current turmoil in this area is traceable to shaky assumptions, and argues that the drafting of clearer liability insurance contracts would add stability to the relationships. Part I briefly describes the current uncertainty confronting policyholders and defense counsel. Part II explores what the most widely-used liability insurance contracts say about the responsibilities of insurance defense counsel, examining both the context in which these policies are sold and the texts themselves. It contends …

Romer V. Evans And The Permissibility Of Morality Legislation, S. I. Strong

Faculty Publications

In the late 1950s and early 1960s, two of England's most respected jurists engaged in an on-going debate that would take the legal world by storm. The debate concerned whether and to what extent morality should be reflected in the law and was instigated by the publication of the Wolfenden Report, a study presented to Parliament as it considered whether to repeal certain antisodomy laws in Great Britain. On the one hand was Lord Patrick Devlin, a Lord of Appeal in Ordinary later elevated to the House of Lords, Britain's highest court. Devlin opposed the conclusions contained in the Wolfenden …

"Let's Call It A Draw": Striker Replacements And The Mackay Doctrine, Rafael Gely, Leonard Bierman

Faculty Publications

In a recent article we discuss the issue of the use of permanent replacements for striking employees under the National Labor Relations Act (NLRA) Our discussion focuses on the efficiency aspects of the seminal 1938 case of NLRB v. Mackay Radio and Telegraph Co. In the article, we propose a “negotiations” approach, which we argue is likely to result in a more economically efficient interpretation of the Mackay doctrine. As has been the case with other proposals made with respect to this very contentious issue, our proposal has confronted some criticism. Professor William R. Corbett, in a recent piece in …

How To Encourage Global Electronic Commerce: The Case For Private Currencies On The Internet, Kerry L. Macintosh

Faculty Publications

No abstract provided.

Reasonable Accommodations And Awkward Compromises: Issues Concerning Learning Disabled Students And Professional Schools In The Law School Context, Lisa A. Eichhorn

Faculty Publications

Under the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973, colleges and universities are prohibited from discriminating against qualified students with learning disabilities and must reasonably accommodate such disabilities so that students have a genuine opportunity to complete academic programs successfully. Not surprisingly, just like their non-disabled peers, a number of learning disabled college graduates are choosing to enter professions such as law and medicine. Their entry into professional schools has raised a number of legal issues concerning their qualification to matriculate, their need for accommodations, and their eventual ability to practice successfully. …

Mixed Motives: Are City Council Members Absolutely Immune From Civil Rights Liability For Legislative Acts Taken For Both Lawful And Unlawful Reasons?, Jay E. Grenig

Faculty Publications

No abstract provided.

The American Legal Faith: Traditions, Contradictions And Possibilities, David Ray Papke

Faculty Publications

No abstract provided.