Digital Commons Network^™

The Effects Of Habitat Resolution On Models Of Avian Diversity And Distributions: A Comparison Of Two Land-Cover Classifications, Joshua Lawler, Raymond O'Connor, Carolyn Hunsaker, K. Bruce Jones, Thomas Loveland, Denis White

United States Department of Agriculture, Forest Service / University of Nebraska-Lincoln: Faculty Publications

Quantifying patterns is a key element of landscape analysis. One aspect of this quantification of particular importance to landscape ecologists is the classification of continuous variables to produce categorical variables such as land-cover type or elevation stratum. Although landscape ecologists are fully aware of the importance of spatial resolution in ecological investigations, the potential importance of the resolution of classifications has received little attention. Here we demonstrate the effects of using two different land-cover classifications to predict avian species richness and the occurrences of six individual species across the conterminous United States. We compared models built with a data set …

Genetic Diversity And Structure Of The Fisher (Martes Pennanti) In A Peninsular And Peripheral Metapopulation, Samantha M. Wisely, Steven W. Buskirk, Gregory A. Russell, Keith B. Aubry, William J. Zielinsky

United States Department of Agriculture, Forest Service / University of Nebraska-Lincoln: Faculty Publications

Evolutionary processes can be strongly affected by landscape features. In vagile carnivores that disperse widely, however, genetic structure has been found to be minimal. Using microsatellite DNA primers developed for other mustelids, we found that populations of a vagile forest carnivore, the fisher (Martes pennanti), exhibit high genetic structure (F_ST = 0.45, SE = 0.07) and limited gene flow (Nm < 1) within a .1,600-km narrow strip of forested habitat; that genetic diversity decreases from core to periphery; and that populations do not show an equilibrium pattern of isolation-by-distance. Genetic structure was greater at the periphery than at the core of the distribution and our data fit a 1-dimensional model of stepping-stone range expansion. Multiple lines of paleontological and genetic evidence suggest that the fisher recently (<5,000 years ago) expanded into the mountain forests of the Pacific coast. The reduced dimensionality of the distribution of the fisher in western coastal forests appears to have contributed to the high levels of structure and decreasing diversity from north to south. These effects were likely exacerbated by human-caused changes to the environment. The low genetic diversity and high genetic structure of populations in the southern Sierra Nevada suggest that populations in this part of the geographic range are vulnerable to extinction.

Paying For The Crimes Of Their Children: Public Support Of Parental Responsibility, Eve M. Brank, Victoria Weisz

Department of Psychology: Faculty Publications

Parental responsibility laws, varying greatly within and among the states, appeared as one answer to the questions surrounding juvenile crime. Although these laws would seem to garner great public support under the new punitive attitude toward juveniles, no recent empirical studies were conducted on this topic. The current research examined public support of parental responsibility for crimes children commit. Contrary to expectations, public support was found to be relatively low. The public did place some responsibility on the parents when a juvenile crime occurred; however, agreement with blaming and punishing the parents was low. Political ideology and educational status served …

Caregiving Through A Relationship Lens In Reggio Emilia And A Lab School In Canada, Carolyn P. Edwards, Alex Dougherty

Department of Psychology: Faculty Publications

In recent years developmental scientists have described the tasks of relationship-building that contribute to early development: security and attachment, self-recognition and validation, mutuality and companionship, passionate experience, identification and group belonging, and giving care to others. Relationship-building begins within the family, then, in extending it outside the family, early education can play a key role. This selection contains two parts. The first piece describes the kinds of benefits these widening relationships can provide for very young children and outlines some specific steps that educators in Reggio Emilia, Italy, have taken to ensure the best, most "amiable" environments. The second piece, …

Liability For Global Navigation Satellite Services: A Comparative Analysis Of Gps And Galileo, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The law relating to global navigation satellite systems, (GNSS) is a novel and complex subject. As a result, this paper addresses a considerable number of issues from a new, as of yet untested legal perspective. It will also address a number of altogether new issues which, from a legal perspective, have been dealt with often in other areas of law. Global navigation satellite systems are being used for a very rapidly growing plethora of applications and, thus, also cause a rapidly growing plethora of legal issues to arise. These range from general institutional and jurisdictional ones, to such concrete aspects …

Surreal Estate: Addressing The Issue Of “Immovable Property Rights On The Moon”, Frans Von Der Dunk, E. Back-Impallomeni, S. Hobe, R. M. Ramirez De Arellano

Space, Cyber, and Telecommunications Law Program: Faculty Publications

At a time when scientific and commercial interest in the Moon is being reinvigorated it is becoming fashionable for ordinary individuals to “buy” plots on the lunar surface, with the “vendors” arguing that an absence of specific prohibition of individual private activity in space makes such action legal. It is therefore time for the legal community to address this situation by investigating just how legal such activity is—and bringing their findings to the attention of governments. This can be done through an examination of the relationship between national law and international space law, of the provisions of international space law—especially …

Native American Survival In A Colonial United States, Charles Marr

Nebraska Anthropologist

The persecution of Native Americans in the United States has not yet come to an end. There are many policies still in place that lead to the reduction of the unique culture of the Native Americans. This can have disastrous impacts for their own survival and well being. These policies reduce their language, culture, selfdetermination, their knowledge of the environment, and increases their poverty. The United States government can help to solve these problems by eliminating the Bureau of Indian Affairs and forming a think-tank that would be composed of Tribal leaders, lawyers who specialize in Native American Law, and …

Continuum Modeling Of Cell Membranes, Eveline Baesu, R. E. Rudd, J. Belak, M. Mcelfresh

Department of Engineering Mechanics: Faculty Publications

In this paper, we develop a finite-deformation model for cell membranes with a view toward characterizing the local mechanical response of membranes in atomic force microscope (AFM) experiments. The membrane is modeled as a 2-D fluid continuum endowed with bending resistance. The general theory is used to obtain equations that describe axisymmetric equilibrium states. The membrane is assumed to enclose a fluid medium, which transmits hydrostatic pressure to the membrane, and a point load is applied at the pole to simulate an AFM probe. Both types of loading are associated with a potential and the problem is then cast in …

Foucault And The Practice Of Educational Development: Power And Surveillance In Individual Consultations, Peter Felten, Diandra Little, Allison Pingree

To Improve the Academy: A Journal of Educational Development

A common goal of educational development is to create a neutral, “safe” place for clients in individual consultations. Such an approach, while well intentioned, obscures the multifaceted web of power threading through and around our work. Using Michel Foucault’s theories of sovereign and disciplinary power, we trace the forms that power can take in specific types of consultations (small group instructional diagnosis, course evaluations, and videotape). While power is always “dangerous,” it is less likely to be damaging if we are conscious of its presence and impact—and of our own participation in its complexity.

The State Department Of Education's Role In Creating Safe Schools, Marilyn Grady, Jean Haar, Mary Ann Losh

Department of Educational Administration: Faculty Publications

The authority for public education in the United States does not stem from the Constitution, but rather is a "reserved" power remaining with the states. It originates from the Tenth Amendment, which reserves to the states those powers neither expressly given to the national govennnent nor denied to the state governments. However, most states have not exercised their authority for public education directly until recent decades. Education is a state function that is largely locally administered (Aikin, Linden, Noel, & Ray, 1992). Each state exercises its education function completely or in part through a state department of education that has …

Typology Of Aggregate Settlements, A , Howard M. Erichson

Faculty Scholarship

It is odd, considering how often lawyers engage in aggregate settlements, that no one seems able to explain what "aggregate settlement" means. It is one of the most important yet least defined terms in complex litigation. Lawyers and judges talk about aggregate settlements as though it were obvious what the term signifies and as though it describes a single thing. In fact, group settlements in multiparty litigation vary significantly. And they vary in ways that make it difficult to determine whether certain deals ought to be understood as collective settlements or simply as groups of individual settlements bundled together. This …

International Law, International Relations Theory, And Preemptive War: The Vitality Of Sovereign Equallity Today Case Studies In Conservative And Progressive Legal Orders, Thomas H. Lee

Faculty Scholarship

Although sovereign equality - the norm that all sovereign states are entitled to the same bundle of rights on the international plane - has long been a central norm of international law, its retention in the realm of preemptive war is fairly to be questioned when one sovereign state possesses overwhelming military power. In this Article, Professor Lee examines the historical and normative foundations of sovereign equality, finds them wanting under the condition of a militarily supreme republican state, but defends the norm on the pragmatic ground of what is best for the supreme state to defend itself against covert, …

Federal Sentencing During The Interregnum: Defense Practice As The Blakely Dust Settles , Ian Weinstein, Nathaniel Z. Marmur

Faculty Scholarship

Although the long term impact of Blakely v. Washington is not yet clear, no one can doubt that the case raises a host of immediate, significant and perplexing practical questions for federal criminal defense attorneys. The Supreme Court has granted certiorari in a pair of cases raising Blakely issues and oral argument is scheduled for October 4, 2004. It seems likely that the Supreme Court will offer some guidance by Thanksgiving. Until the Court rules, uncertainty will continue as the lower courts interpret Blakely in disparate ways. Once the Court does rule, many hard questions may remain unanswered. This article …

When Two Become One: Views On Fletcher's "Two Patterns Of Criminality", Deborah W. Denno

Faculty Scholarship

George Fletcher's Rethinking Criminal Law (“Rethinking”) is the ultimate cut-to-the-chase treatise. The book does not belabor the frailties of existing criminal law, but rather predicts an overhaul of much of its doctrine. This essay marks a tribute to Rethinking's influence by examining two of the book's well known “patterns of criminality”: (1) “manifest criminality,” which proposes that crimes are acts that any “objective” observer would clearly recognize as illegal without knowing anything about the mental state of the person committing those acts, and, in stark contrast, (2) “subjective criminality,” which suggests that crimes are consciously intended and experienced only by …

Paleolimnology And Paleoclimate Studies In Upper Klamath Lake, Oregon, Steven M. Colman, J. Platt Bradbury, Joseph G. Rosenbaum

United States Geological Survey: Staff Publications

The subsiding Upper Klamath Lake Basin contains sediments that were continuously deposited in a shallow, freshwater lake for more than 40 000 years. Well dated by radiometric methods and containing volcanic ashes of known age, these sediments constitute a valuable paleoclimate record. Sediment constituents and properties that reflect past climatic conditions in the area include pollen, diatoms, sediment geochemistry, and sediment magnetic properties. Many of these proxy measurements are also useful for comparing natural conditions in the lake to conditions following human settlement. Because of its location, the paleoclimate record from Upper Klamath Lake is valuable for comparisons to offshore …

Genetic Identification Of Spotted Owls, Barred Owls, And Their Hybrids: Legal Implications Of Hybrid Identity, Susan M. Haig, Thomas D. Mullins, Eric D. Forsman, Pepper W. Trail, Liv Wennerberg

United States Geological Survey: Staff Publications

Recent population expansion of Barred Owls (Strix varia) into western North America has led to concern that they may compete with and further harm the Northern Spotted Owl (S. occidentalis caurina), which is already listed as threatened under the U.S. Endangered Species Act (ESA). Because they hybridize, there is a legal need under the ESA for forensic identification of both species and their hybrids. We used mitochondrial control-region DNA and amplified fragment-length polymorphism (AFLP) analyses to assess maternal and biparental gene flow in this hybridization process. Mitochondrial DNA sequences (524 base pairs) indicated large divergence between …

Subspecific Relationships And Genetic Structure In The Spotted Owl, Susan M. Haig, Thomas D. Mullins, Eric D. Forsman

United States Geological Survey: Staff Publications

Hierarchical genetic structure was examined in the three geographically-defined subspecies of spotted owl (Strix occidentalis) to define relationships among subspecies and quantify variation within and among regional and local populations. Sequences (522 bp) from domains I and II of the mitochondrial control region were analyzed for 213 individuals from 30 local breeding areas. Results confirmed significant differences between northern spotted owls and the other traditional geographically defined subspecies but did not provide support for subspecific level differences between California and Mexican spotted owls. Divergence times among subspecies estimated with a 936 bp portion of the cytochrome b gene …

An Association Of Benthic Foraminifera And Gypsum In Holocene Sediments Of Estuarine Chesapeake Bay, Usa, John Cann, Thomas Cronin

United States Geological Survey: Staff Publications

Two cores of Holocene sediments recovered from the Cape Charles Channel of Chesapeake Bay yielded radiocarbon ages of about 6.8 to 5.8 ka for the lower intervals. Fossil foraminifera preserved in these lower sediments are dominated by species of Elphidium, which make up about 90% of the assemblage throughout, and probably signify deposition in hypersaline waters. Buccella frigida and Ammonia beccarii are the only other species commonly present. Hypersalinity of bottom waters seems to have been maintained by water-density stratification in a basin-like section of the channel. In core PTXT -4-P-I transition to modem Chesapeake conditions, in which numbers …

Introduction To Special Section: Preparing For The San Andreas Fault Observatory At Depth, Stephen Hickman, Mark D. Zoback, William Ellsworth

United States Geological Survey: Staff Publications

The San Andreas Fault Observatory at Depth (SAFOD) is a comprehensive project to drill into the hypocentral zone of repeating M ~ 2 earthquakes on the San Andreas Fault at a depth of about 3 km. The goals of SAFOD are to establish a multi-stage geophysical observatory in close proximity to these repeating earthquakes, to carry out a comprehensive suite of downhole measurements in order to study the physical and chemical conditions under which earthquakes occur and to exhume rock and fluid samples for extensive laboratory studies. In the vicinity of SAFOD, the San Andreas is moving through a combination …

Cd46-Mediated Transduction Of A Species D Adenovirus Vaccine Improves Mucosal Vaccine Efficacy, Zenaido T. Camacho, Mallory A. Turner, Michael A. Barry, Eric A. Weaver

Nebraska Center for Virology: Faculty Publications

The high levels of preexisting immunity against Adenovirus type 5 (Ad5) have deemed Ad5 unusable for translation as a human vaccine vector. Low seroprevalent alternative viral vectors may be less impacted by preexisting immunity, but they may also have significantly different phenotypes from that of Ad5. In this study we compare species D Ads (26, 28, and 48) to the species C Ad5. In vitro transduction studies show striking differences between the species C and D viruses. Most notably, Ad26 transduced human dendritic cells much more effectively than Ad5. In vivo imaging studies showed strikingly different transgene expression profiles. The …

A Method To Detect Oxidative Stress By Monitoring Changes In The Extracellular Antioxidant Capacity In Plant Suspension Cells, C. Jacyn Baker, Norton M. Mock

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Detection of H₂O₂ in the supernatant of plant suspension cells is often used to indicate the time and extent of the oxidative burst during interactions with either bacteria or pathogen-related elicitors. We have found that suspensions of plant cells, depending on conditions, may produce considerable levels of extracellular phenolics that can function as antioxidants and prevent or suppress the detection of H₂O₂. These compounds can be used as substrates by extracellular peroxidases to scavenge stoichiometric amounts of H₂O₂. When this occurs during plant/pathogen interactions it can mask both the …

Forest Harvest Can Increase Subsequent Forest Fire Severity, Carter Stone, Andrew T. Hudak, Penelope Morgan

United States Department of Agriculture, Forest Service / University of Nebraska-Lincoln: Faculty Publications

The USDA Forest Service is progressing from a land management strategy oriented around timber extraction towards one oriented around maintaining healthy forested lands. The healthy Forest Initiative promotes the idea of broadscale forest thinning and fuel treatments as an effective means for mitigating hazardous fuel conditions and, by extension, fire risk. Fuels mitigation is proactive while fire suppression is reactive and expensive. Costs associated with suppressing large wildfires, as occur in the western USA with annual regularity, are astronomical and routinely exceed fire suppression budgets. It is not difficult to demonstrate that treating forest fuels is more cost effective than …

Executive Power Essentialism And Foreign Affairs, Martin S. Flaherty

Faculty Scholarship

No abstract provided.

Cracks In The Foundation: The New Internet Legislation's Hidden Threat To Privacy And Commerce, Joshua Fairfield

Articles by Maurer Faculty

Scholarship to date has focused on the legal significance of the novelty of the Internet. This scholarship does not describe or predict actual Internet legislation. Instead of asking whether the Internet is so new as to merit new law, legislators and academics should re-evaluate the role of government in orchestrating collective action and change the relative weight of enforcement, deterrence, and incentives in Internet regulations.

A perfect example of the need for this new approach is the recent CANSPAM Act of 2003, which was intended to protect personal privacy and legitimate businesses. However, the law threatens both of these interests, …

The Southwestern Association Of Parasitologists: The First 35 Years: 1967–2002, Donald W. Duszynski

Harold W. Manter Laboratory of Parasitology: Faculty Publications

First two paragraphs:

It is likely that the idea to organize southwestern parasitologists into a regional group originated over cocktails one night in the late 1950s during a regional or national meeting. What is clear is that two men—Drs. Robert E. Kuntz and Donald V. Moore— were instrumental in turning the idea into what has become, in reality, the Southwestern Association of Parasitologists (SWAP).

Dr. J. Teague Self (personal communication, 1981) stated, “The beginning of SWAP was an idea of Robert Kuntz who felt that something could be gained if several of us here in the southwest could get together …

An Essay On The Spirit Of Liberty In The Fog Of War, Patrick L. Baude

Articles by Maurer Faculty

This article previews the Supreme Court's decision in the Guantánamo prisoners' cases, arguing they should be dismissed for failure of jurisdiction. The worst possible outcome for civil liberties in wartime would be a decision to adjudicate the rights of the prisoners under an anemic view of individual rights and judicial jurisdiction. It is evident that the Court will not apply a robust conception of due process to these cases, in light of the inevitable pressures of national security in wartime. But faint-hearted judicial review, the likely result, will foster the political illusion that business as normal for our constitutional system …

Avoiding The Mistakes Of Terrell R.: The Undoing Of The California Tort Claims Act And The Move To Absolute Governmental Immunity In Foster Care Placement And Supervision, Austen L. Parrish

Articles by Maurer Faculty

This article addresses the issue of governmental immunity and mandatory duty liability in the context of foster child abuse. The article should be of interest to children's rights organizations, legal scholars, practitioners and judges who face governmental liability issues related to the California foster care system.

The California Tort Claims Act has, until recently, long served as an important means by which foster children may obtain recourse from the government for injuries caused by social worker negligence. In the late 1990s, however, the California courts of appeal retreat - without justification - from the dictates of the Tort Claims Act. …

Cardicola Forsteri (Digenea: Sanguinicolidae) From The Heart Of A Northern Bluefin Tuna, Thunnus Thynnus (Scombridae), In The Northwest Atlantic Ocean, Stephen A. Bullard, Robert J. Goldstein, Robert H. Goodwin Iii, Robin M. Overstreet

Harold W. Manter Laboratory of Parasitology: Faculty Publications

We report a specimen of Cardicola forsteri Cribb, Daintith, and Munday, 2000 (Digenea: Sanguinicolidae) from the lumen of the heart of a northern bluefin tuna, Thunnus thynnus (Linnaeus, 1758) (Scombridae), that was 218 cm in total length (TL) and caught in the northwest Atlantic Ocean 12 km south of Cape Lookout, North Carolina. The hearts of 12 similarly sized northern bluefin tuna (127–262 cm TL) from George’s Bank, northwest Atlantic Ocean, were not infected. This is the first report of C. forsteri from a wild host and of a sanguinicolid from any scombrid in the northwest Atlantic Ocean. Bluefin tuna …

Human, Social, And Now Positive Psychological Capital Management: Investing In People For Competitive Advantage, Fred Luthans, Carolyn M. Youssef

Department of Management: Faculty Publications

There is growing evidence that human resources are crucial to organizational success, and may offer the best return on investment for sustainable competitive advantage. Jeffery Pfeffer’s extensive work, summarized in his book The Human Equation, discusses substantially supported but unfortunate findings that only about half of today’s organizations and their managers believe that human resources really do matter. Moreover, only half of those organizations act upon their beliefs beyond paying lip service to this vital resource. Few organizations have adopted high performance work practices, such as 360-degree feedback, pay-for-performance, self-managed teams, employee empowerment, and other human-oriented initiatives. Furthermore, Pfeffer shows …

Unlocking The Mask: A Look At The Process By Which Authentic Leaders Impact Follower Attitudes And Behaviors, Bruce Avolio, William L. Gardner, Fred Walumbwa, Fred Luthans, Douglas R. May

Department of Management: Faculty Publications

The conceptual and empirical links between authentic leadership and follower attitudes, behaviors, and performance outcomes have not been fully developed. Although we have a number of articles developing the theory of authentic leadership and testing propositions that will appear in a forthcoming special issue of The Leadership Quarterly (Vol. 16, Issue 3, 2005), the focus of this article is to provide some of the initial foundation work for the broader theoretical framework of how authentic leaders influence follower attitudes, behaviors, and performance. Here, we draw from positive organizational behavior, trust, hope, emotion, identification, and identity theories to describe the processes …