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The Nebraska Bird Review Whole Issue December 2006

Nebraska Bird Review

Table of Contents

Fall Field Report, Aug.–Nov. 2006 by W. Ross Silcock....................... 110

Fall Field Days at Lincoln, Sept. 15–17, 2006....................... 128

The Art and Artistic Legacy of Louis Agassiz Fuertes by Paul A. Johnsgard ....................... 132

The 2006 Nebraska Nest Report by Wayne J. Mollhoff ....................... 142

Index to Volume 74....................... 148

Subscription and Organization Information....................... 159

Evaluating Diet Composition Of Pronghorn In Wind Cave National Park, South Dakota, Christopher N. Jacques, Jaret D. Sievers, Jonathan A. Jenks, Chad L. Sexton, Daniel E. Roddy

The Prairie Naturalist

The pronghorn (Antilocapra americana) was reintroduced into Wind Cave National Park (WCNP), South Dakota, in 1914, and thus, has inhabited the Park for nearly a century. During the 1990's, a decline in the population raised concern for the continued existence of pronghorn inside WCNP; an investigation into the observed decline was initiated. Primary objectives of our study were to evaluate diet composition and forage selection by pronghorn in WCNP. Microhistological analysis was conducted on 58 fecal samples collected opportunistically from pronghorn during 2002. Blue grama (Bouteloua gracilis), common juniper (Juniperus communis), and northern bedstraw …

The Prairie Naturalist, Volume 38, Number 4, December 2006, Elmer J. Finck, Hilary Gillock

The Prairie Naturalist

Full issue of The Prairie Naturalist (December 2006), volume 38, number 4.

Amphibians and Reptiles in a MixedGrass Prairie in Northwestern North Dakota by Robert K. Murphy, Robert F. Danley, and Patricia K. Moore, pages 207-212

Morphometrics of Six Turtle Species from South Dakota by Sarah J. Bandas and Kenneth F. Higgins, pages 213-222

Evaluation of Habitat Enhancement Structure Use by Spotted Bass by Stanley L. Proboszcz and Christopher S. Guy, pages 223-238

Evaluating Diet Composition of Pronghorn in Wind Cave National Park, South Dakota by Christopher N. Jacques , Jaret D. Sievers, Jonathan A. Jenks, Chad L. Sexton, and …

Evaluation Of Habitat Enhancement Structure Use By Spotted Bass, Stanley L. Proboszcz, Christopher S. Guy

The Prairie Naturalist

Habitat enhancement is a common and effective method used to positively influence fish populations. However, there is a paucity of speciesspecific evaluations of stream habitat enhancement structures for warmwater fishes. We evaluated use of half-log, rootwad enhancement structure, and simulated undercut bank (LUNKERS) by adult and juvenile spotted bass (Micropterus punctulatus) in natural and experimental streams. Enhancement structures were installed in Otter Creek, Kansas. Adult spotted bass use of natural and enhancement structure was documented weekly during summer and fall of 2001 and 2002 with radiotelemetry. Mean total length (TL) of adult fish was 292 mm (SE = …

Morphometrics Of Six Turtle Species From South Dakota, Sarah J. Bandas, Kenneth F. Higgins

The Prairie Naturalist

During 2002 and 2003, morphometric measurements were recorded for 755 turtles representing six species in South Dakota. Turtles were captured in a wide variety of wetland habitats across the entire state. With few exceptions, morphometric measurements for South Dakota were near or within the range of measurements reported for all six species from studies in nearby states or provinces. We recommend that morphometric measurements be taken on turtles in future turtle studies and particularly for the less common and rare species.

2006 Annual Report Of The Regenstrief Center For Healthcare Engineering, Steve Witz

RCHE Presentations

2006 Annual Report of the Regnestrief Center for Healthcare Engineering

Detroit Edison Building Ypsilanti, Michigan Historic Structure Report: Façade, Thomas G. Whitaker

Historic Preservation Final Projects

No abstract provided.

Court Review: Volume 42, Issue 3-4 - Editor's Note

Court Review: Journal of the American Judges Association

This issue presents four viewpoints on current issues involving judicial elections, politics, and the effect of public opinion on the courts. In our lead article, Shira Goodman and Lynn Marks of Pennsylvanians for Modern Courts tell the story of Pennsylvania’s 2005 retention election for the Pennsylvania Supreme Court. With very little warning, public opposition developed to the retention of two justices: one was retained with 54% of the vote and one was thrown out of office with only 49% voting to retain him. The election was unusual because it did not relate to opinions issued by either justice. Rather, the …

Court Review: Volume 42, Issue 3-4 - Directory Of Officers And Board Of Governors, 2005-2006

Court Review: Journal of the American Judges Association

Directory of Officers and Board of Governors of American Judges Association

Court Review: Volume 42, Issue 3-4 - E-Courts: The Times They Are A-Changin’, James E. Mcmillan

Court Review: Journal of the American Judges Association

The title obviously comes from Bob Dylan’s classic song from 1964. That song captured the spirit of the times and again, in a small way, captures ours as well. This year’s upcoming E-Courts Conference (www.e-courts.org) in December will highlight both the changes that computers have brought to court operations and where things are going in the future.

Court operations have been impacted over the past decade with the implementation of electronic court document filing (aka E-filing). This year the U.S. federal courts will have electronic filing available in nearly all district and bankruptcy courts. We have seen that not as …

Court Review: Volume 42, Issue 3-4 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 42, Issue 3-4 - Judges, Law, Politics & Strategy, Frank B. Cross

Court Review: Journal of the American Judges Association

In law, we commonly presume that judges reach decisions based on legal materials, such as precedents. In political science, researchers typically presume that judges do not reach decisions based on such legal materials. They maintain that the apparent reliance on precedent to reach decisions is simply a hoax designed to provide cover for a particular outcome. These researchers traditionally argued that judges reach their personally preferred outcome in the case and then rationalize it after the fact with references to precedent, conveniently supplied them by the attorneys for their preferred side.

Much of the empirical research on judicial decision making …

Court Review: Volume 42, Issue 3-4 - Lessons From An Unusual Retention Election, Shira J. Goodman, Lynn A. Marks

Court Review: Journal of the American Judges Association

On November 8, 2005, something happened in Pennsylvania that has never happened before: an appellate judge, a supreme court justice no less, lost an uncontested retention election. Not only was the loss unprecedented, but with the exception of one retention election in 1993, appellate justices and judges in Pennsylvania routinely have won retention by margins of 70% to 30%. This year, one justice lost his retention election and another barely won with just 54% of the vote.

Retention elections have been a feature of judicial elections in Pennsylvania since the state constitution was amended in 1969. Following election to an …

Court Review: Volume 42, Issue 3-4 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 42, Issue 3-4 - Seizing The Accountability Moment: Enlisting Americans In The Fight To Keep Courts Fair, Impartial, And Independent, Bert Brandenberg

Court Review: Journal of the American Judges Association

Did the 2005 uproar over Terri Schiavo’s end-of-life case mark a peak in the recent surge of attacks on the independence of America’s courts? When the case generated threats to impeach and even murder the presiding judge, and Congress passed a bill seeking to manipulate the case, broad public disapproval helped end the political crisis.1 The President backpedaled—“I believe in an independent judiciary. I believe in checks and balances”2—and dispatched the Vice President and Attorney General to add their reassurances. Just a few months later, Supreme Court nomination hearings offered little hint of the rising tide of fury that courts …

Court Review: Volume 42, Issue 3-4 - A Profile Of Settlement, John Barkai, Elizabeth Kent, Pamela Martin

Court Review: Journal of the American Judges Association

Ninety-eight percent of civil cases settle,1 right? Well, not exactly. Although claims of settlement rates of 90% and above are cited frequently, settlement rates really are not that high. Many commentators start with an accurate picture of low, single-digit trial rates (typically 2%-3%), but then they inappropriately assume the inverse—namely, that all the remaining cases are settled. Commentators ignore the fact that a significant proportion of cases are terminated for reasons other than trial or settlement, and their mistake goes undetected because most state judicial systems do not collect any information about settlements.

On the other hand, other people, speaking …

Court Review: Volume 42, Issue 3-4 - Book Review: A Judge's Role In The Rule Of Law, William F. Hurst Iv

Court Review: Journal of the American Judges Association

Two recently published books, On the Rule of Law: History, Politics, Theory by Brian Z. Tamanaha, and The Rule of Law in America by Ronald A. Cass, provide an in-depth analysis into what the rule of law means today, its history, and what impact its meaning has on the current American judiciary.

Court Review: Volume 42, Issue 3-4 - President’S Column, Michael Cicconetti

Court Review: Journal of the American Judges Association

Living in Northeastern Ohio, we are constantly promoting this part of the state as an area virtually free of natural disasters. Oh sure, we have our lake-effect snow, which we have learned to treat as more of an inconvenience and annoyance than a danger. Hurricanes? Those are reserved for the coastal states. Tornadoes? Hello, Kansas! Northeastern Ohio hasn’t experienced one in 35 years. Droughts? We may have an occasional dry spell during the summer but we always have the Great Lakes as a plentiful water source. Mudslides? Never. Forest fires? Doesn’t happen. Earthquakes? Minor blips on the Richter Scale.

Court Review: Volume 43, Issue 3-4 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 42, Issue 3-4 - Judicial Elections: Changes And Challenges, Jan Witold Baran

Court Review: Journal of the American Judges Association

Today, myriad approaches for selecting judges exist and few states—if any at all—use identical schemes. In many states, the selection methods vary depending on whether the judge is a trial or appellate judge, or an initial selection or an incumbent. As will be seen, the vast majority of state judges are elected. Recently, judicial campaigns have become increasingly controversial while traditional restraints have fallen to the wayside. This article will address the variety of election methods, the challenges that recent constitutional decisions have presented to the ABA Code of Judicial Conduct, and whether innovations, such as public financing, offer a …

Court Review: Volume 42, Issue 3-4 - The Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.

Computationally Modeling The Effects Of Surface Roughness On Soft X-Ray Multilayer Reflectors, Jedediah Edward Jensen Johnson

Theses and Dissertations

Electromagnetic scattering from a rough two dimensional homogeneous scatterer has been computationally modeled. The scatterer is intended to simulate reflection from a two interface multilayer. The rough scatterer was created from Gaussian random points centered about an ideal interface. The points were connected with a third order spline interpolant which accounts for correlation between neighboring surface atoms. The scalar electric field integral equation (EFIE) and magnetic field integral equation (MFIE) were solved using the Nystrom method to obtain the reflected intensity as a function of observation angle. Verification of the accuracy of the code was obtained by means of comparison …

An Airline Ab Initio Flight Training Program In The United Arab Emirates (Uae): An Analytical Approach Toward Emiratization, Shareef A. K. Al-Romaithi

Master's Theses - Daytona Beach

The continuous establishment and expansion of UAE airlines has led to a demand for qualified pilots in the region of the Persian Gulf. The shortage of UAE national pilots has compelled the local airlines to employ pilots with foreign nationalities. Though the UAE government has implemented a program within the Emirates to increase the number of nationals in the work force (referred to as Emiratization), there has been little headway within the aviation sector. As a result, this thesis was undertaken to develop an ab initio training program that would increase the percentage of UAE nationals among the UAE airline …

Accelerating The Development Of Adaptive Thinking In United States Army Captains, Scott B. Shadrick

All-Inclusive List of Electronic Theses and Dissertations

The contemporary operational environment, the war on terrorism, and the Army transformation effort are requiring officers in the U.S. Army to exhibit high levels of adaptive performance. The Army recognized the need to develop adaptive leaders and developed the Think Like a Commander (Shadrick & Lussier, 2001) training program. Prior to this research no attempt has been made to establish the construct validity of the training program or to measure the levels of adaptive performance exhibited throughout an officer's career. The current research investigated the construct validity of the training program by examining the differences in adaptive thinking behaviors between …

Economic Wellbeing And Where We Live: Accounting For Geographical Cost-Of-Living Differences In The Us, Leah Beth Curran, Harold L. Wohlman, Edward W. Hill, Kimberly Furdell

All Maxine Goodman Levin School of Urban Affairs Publications

Regional cost-of-living differences affect the quality of life that individuals and families experience in different metropolitan areas. Yet, lack of metropolitan cost-of-living indexes has left analysts without the ability to make accurate cost-of-living adjustments to measures of economic wellbeing. This paper evaluates alternative approaches to cost-of-living measurement and then applies the ACCRA cost-of-living index to various US metropolitan area datasets, including median household income, the number of people living in poverty, and family eligibility for the Free and Reduced Price School Lunch and Head Start programes to illustrate some of the policy impacts of adjusting economic indicators of wellbeing for …

Reversing The Reversal Rate: Using Real Property Principles To Guide Federal Circuit Patent Jurisprudence, Paul M. Schoenhard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Magical Sublime: A New-Old Lens On Magical Realism, Kim Danielle Sasser

English Theses - Archive

While magical realist critics often refer to magical realism's generic heritage of primitive cultures and indigenous mythology, Franz Roh's magischer realismus, and Surrealism, I will point to the sublime as a less recognized lineage, yet one which offers equally fruitful insights. Magical realism employs many elements of the sublime, such as astonishment and the alternation between the two phases of pain and pleasure, but perhaps most valuable in this comparative analysis is the sublime's offering new perspectives which illuminate how magical realism's most distinguishing characteristic, the magic, functions. Relying mostly on the theories of Longinus, Burke, and Kant, as well …

Minutes, University Of South Florida St. Petersburg Faculty Senate Meeting, December 1, 2006, University Of South Florida St. Petersburg. Faculty Senate

USF St. Petersburg Faculty Senate Meetings: Minutes

The minutes from the University of South Florida St. Petersburg's Faculty Senate meeting on December 1, 2006.

Effects Of Caffeine On Muscular Strength, Scott Wilson

Masters Theses & Specialist Projects

Caffeine is the most widely consumed drug in the world. Research has suggested that caffeine can enhance aerobic performance. However, its benefits in the resistance training world are not fully understood. Due to caffeine's ability to alter pain perception and the onset of peripheral fatigue it may positively affect performance. This study examined the effects of caffeine on muscular strength, determined by the number of successfully completed reps at 85% of 1RM bench press. Fifteen recreationally trained males were tested for their 1RM on bench press. Subjects completed 3 randomized, double blind tria ls at 85% of their 1RM to …

Memory For Non-Focal Words, John Jones

Masters Theses & Specialist Projects

In two experiments a modified flanker paradigm was used to simultaneously present a focal word and an incidental non-focal word. The participants' task was to process the focal word in one of two conditions: naming aloud or a conceptual decision (concrete or abstract). The focal and non-focal words were either semantically related or not. Participants were instructed to direct their attention at the focal word.  Furthermore, the presentation of the focal word was brief to reduce the possibility of eye movement to the non-focal word. Memory was measured with implicit and explicit memory tests. Evidence was found to suggest implicit …