Digital Commons Network^™

Mother Jones Meets Gordon Gekko: The Complicated Relationship Between Labor And Private Equity, Matthew T. Bodie

All Faculty Scholarship

In 2007 private equity firms came under increasing scrutiny for the favorable tax treatment accorded to their fund managers' compensation. Labor, particularly the Service Workers International Union (SEIU), was instrumental in bringing this issue to the attention of the media and the public. However, SEIU's private equity campaign is just one way in which the union is pursuing its primary concern: increasing the ranks of its members. This Article examines the role that the SEIU private equity campaign plays both in the overall debate about private equity taxation as well as the union's negotiations with private equity firms. It argues …

The Public Face Of Presumptions, Karen Petroski

All Faculty Scholarship

We commonly think of presumptions as second-best inferential tools allowing us to reach conclusions, if we must, under conditions of limited information. Scholarship on the topic across the disciplines has espoused a common conception of presumptions that defines them according to their function within the decisionmaking process. This focus on the “private” face of presumptions has generated a predominantly critical and grudging view of them, perpetuated certain conceptual ambiguities, and, most important, neglected the fact that what we refer to as “presumptions” have distinguishing features other than the defeasibility and burden-shifting effects associated with their use as inferential tools. When …

The Two Faces Of Justice In The Post-Soviet Legal Sphere: Adversarial Procedure, Jury Trial, Plea-Bargaining And The Inquisitorial Legacy, Stephen C. Thaman

All Faculty Scholarship

This essay focuses on adversary procedure, plea-bargaining, and jury trial in the 1991 Concept of Judicial Reform of the Russian Republic. It discusses the impact of these reforms and assesses whether they have led to an improvement in the quality of evidence presented to the trier of fact, liberation of the trial and appellate judges from the juggernaut of hierarchical Soviet ‘crime control’ policies, and the development of a culture where acquittals of guilty and innocent will be tolerated when the evidence lacks credibility or is insufficient to constitute proof beyond a reasonable doubt.

Confusion And Unpredictability In Shareholder Derivative Litigation: The Delaware Courts' Response To Recent Corporate Scandals, Ann M. Scarlett

All Faculty Scholarship

The Delaware courts responded to the recent wave of corporate scandals, exemplified by Enron and WorldCom, by changing their approach to shareholder derivative litigation. This Article analyzes the Delaware courts' response to these scandals and concludes that the courts have created doctrinal confusion and introduced unpredictability into derivative litigation. This Article also analyzes the future negative consequences for shareholders, corporations, directors, investors, and other litigants. Finally, this Article proposes improvements for derivative litigation that may alleviate the confusion and unpredictability created by the Delaware courts' response to the recent scandals.

A Better Approach For Balancing Authority And Accountability In Shareholder Derivative Litigation, Ann M. Scarlett

All Faculty Scholarship

Corporations present an interesting illustration of the authority versus accountability dilemma. Shareholders elect the directors of the corporation and the law vests those directors with almost unlimited authority to manage the corporation. Yet, shareholders have few effective means for holding directors accountable for their decisions other than through shareholder derivative litigation. In such litigation, the business judgment rule serves as the mechanism by which courts attempt to balance directors' authority to make decisions for the corporation against shareholders' right to hold directors accountable for those decisions.

As this Article discusses, numerous theories exist as to the proper formulation of the …

Help Me, I Need To Know, Roger D. Applegate

Human–Wildlife Interactions

I work in an urban area. Well, my job really is not in urban wildlife management, but my job office is in an urban area. Because part of my work involves being a wildlife disease specialist, many calls from the public get transferred to me.

Carnivores, Urban Landscapes, And Longitudinal Studies: A Case History Of Black Bears, Jon P. Beckmann, Cael W. Lackey

Human–Wildlife Interactions

As urban landscapes expand across the globe, it becomes imperative to understand how these landscapes affect large carnivore populations. We examined the effects of human-altered landscapes on age-specific fecundity and life history parameters for female black bears (Ursus americanus) in urban and wildland regions in the northern Sierra Nevada Mountains of Nevada, including the Lake Tahoe Basin. We followed 12 marked female bears in an urban environment and 10 females in wildland habitats from 1997–2006. Our results show that female bears in urban areas have higher age-specific fecundity rates than did wildland female bears. Despite this difference, female …

Evaluation Of An Oral Vaccination Program To Control Raccoon Rabies In A Suburbanized Landscape, Jason R. Boulanger, Laura L. Bigler, Paul D. Curtis, Donald H. Lein, Arthur J. Lembo Jr.

Human–Wildlife Interactions

We evaluated the efficacy of an oral rabies vaccination (ORV) program conducted in Erie County, New York, from July through September, 2002–2005. Ingress of the raccoon (Procyon lotor) rabies variant first occurred along the southern border of Erie County, New York, during 1992 and began to spread northward at a velocity of 31 km/year. Fixed-wing aircraft dropped ORV baits in rural landscapes; helicopters, hand baiting, and bait stations distributed baits in suburban landscapes (&#;x bait densities ranged 59–118 baits/km²). Our study objectives were to quantify rabies case densities, evaluate efficacy of intervention efforts, and determine biological, …

How People Should Respond When Encountering A Large Carnivore: Opinions Of Wildlife Professionals, Dylan E. Brown, Michael R. Conover

Human–Wildlife Interactions

We conducted telephone surveys of wildlife professionals who work with large carnivores to ask their opinions about how people should respond to avoid being injured when confronted by a black bear (Ursus americana), grizzly bear (Ursus arctos), mountain lion (Puma concolor), or gray wolf (Canis lupus). The respondents agreed that the most appropriate response was to try to increase the distance between a person and the carnivore. In the event of an attack by a black bear, mountain lion, or wolf, most respondents said to fight back. Opinion was divided over the …

Resolving Conflicts Between Humans And The Threatened Louisiana Black Bear, Walter Cotton

Human–Wildlife Interactions

The Louisiana black bear (Ursus americanus luteolus) is one of 16 subspecies of American black bear. At the time of English settlement, this subspecies was abundant throughout Louisiana, the southern two-thirds of Mississippi, eastern Texas, and extreme southern Arkansas. By the 1950s, Louisiana black bears had been extirpated from most of their original range due to habitat destruction and fragmentation and over-harvest by hunters (Leigh and Chamberlain 2008). It is believed that only about 100 black bears remained; existing in isolated, extremely rural areas of eastern Louisiana. Bears became so scarce during the 1960s that the Louisiana Department …

Population And Spatial Dynamics Of Resident Canada Geese In Southeastern Nebraska, Scott R. Groepper, P. Joseph Gabig, Mark P. Vrtiska, Jason M. Gilsdorf, Scott E. Hygnstrom, Larkin A. Powell

Human–Wildlife Interactions

In response to increasing populations, damage complaints, and a desire to understand population and spatial dynamics, we studied population size, survival rates, home ranges, movements, and site fidelity of female resident Canada geese (Branta canadensis) at 18 study sites within 23 km of Lincoln, Nebraska, during 1991–1994. Based on mean flock size (&#;x = 93) and number of collared geese in flocks (x&#; = 13), the estimated population of resident Canada geese was nearly 4,000. Estimated monthly survival for female Canada geese was 0.94, mean home range was 25 km², and mean maximum distance moved between …

In The News, Joe N. Caudell

Human–Wildlife Interactions

Marc Johnson, a jogger in Kenai, Alaska, survived a bear attack after he disturbed a brown bear sow and her cubs, the Anchorage Daily News reported in April 2008. Johnson tried to outrun the bear but was overtaken by the animal, which knocked him down and bit his back. After the attack, the victim managed to get up and run home.

Use Of A Population Viability Analysis To Evaluate Human-Induced Impacts And Mitigation For The Endangered Lower Keys Marsh Rabbit, David H. Lafever, Paige M. Schmidt, Neil D. Perry, Craig A. Faulhaber, Roel R. Lopez, Nova J. Silvy, Elizabeth A. Forys

Human–Wildlife Interactions

Rapid development and urbanization of the lower Florida Keys in the last 30 years has fragmented the habitat of the Lower Keys marsh rabbit (Sylvilagus palustris hefneri), hereafter called marsh rabbit, and threatened it with extinction. On the Naval Air Station–Key West (NAS), Boca Chica Key, marsh rabbits exist as a meta-population of discrete habitat patches in a matrix of wetlands and airfield facilities. Airfield safety regulations require NAS to maintain vegetation below a minimum height on runway peripheries (clear zones). We developed a spatially-explicit, stage-structured, stochastic matrix model using the programs RAMAS-Metapop and ArcGIS. Model parameters were …

Impacts Of The Cancellation Of The Spring Bear Hunt In Ontario, Canada, Raynald Harvey Lemelin

Human–Wildlife Interactions

Approximately 10 million people and 100,000 black bears (Ursus americanus) live in Ontario, Canada. The highest concentration of black bears (0.4–0.6 bears/100 km²) is in northern Ontario (Bear Wise 2004). While this area is sparsely populated by humans, it is the site where human–bear conflicts are common for several reasons. These include people spending time in formerly inaccessible areas via forestry roads and off-road vehicle trails, changing recreational patterns, and a growing black bear population (Conover 2008, Madison 2008). Among residents of northern Ontario (hereafter referred to as northerners), no other wildlife management issue has dominated …

Misconceptions Hamper Protection Of Bears, Bruce D. Leopold

Human–Wildlife Interactions

When Dr. Conover notified me of the special topic for this issue of Human–Wildlife Conflicts, I was excited. Dr. Conover has a talent for selecting relevant topics that reflect pressing issues in our field! The last issue of HWC focused on deer–human conflicts, a topic that is very important to Mississippi and the eastern United States.

In Memory: Paul Eugene Bucklin, Kraig L. Glazier

Human–Wildlife Interactions

Paul Eugene “Gene” Bucklin (1942–2008), a wildlife specialist with USDA/APHIS/Wildlife Services, was killed in a fatal car accident near his home in Chinook, Montana, on February 16, 2008. Born in Billings, Montana, he was raised on a sheep and cattle ranch in Redstone, Montana, where he learned to trap and hunt. Gene spent his life on the prairies of the “Highline,” the northern part of Montana that stretches from the Rocky Mountains of Glacier National Park to the North Dakota border. In 1979 he began a lifelong career with USDA/APHIS/ Wildlife Services in Chinook.

Modeling Wildlife Damage To Crops In Northern Indiana, Mónica I. Retamosa, Lee A. Humberg, James C. Beasley, Olin E. Rhodes Jr.

Human–Wildlife Interactions

Comprehensive information on crop damage by wildlife species is critical if effective strategies for controlling wildlife damage are to be formulated. Discriminating how landscape composition and configuration attributes influence crop damage is important for implementing landscape management techniques to resolve human–wildlife conflicts. We analyzed crop damage data from 100 corn fields and 60 soybean fields located in the Upper Wabash River Basin of northern Indiana during 2003 and 2004. We used negative binomial regression to model the rate of damage to corn and soybean crops in response to local and landscape variables. Rate of crop damage was best predicted by …

Trans Fatty Acids Provide Evidence Of Anthropogenic Feeding By Black Bears, Gregory W. Thiemann, Randal S. Stahl, Sharon Baruch-Mordo, Stewart W. Breck

Human–Wildlife Interactions

Bears (Ursus spp.) that become conditioned to anthropogenic food sources pose a risk to human safety and generally need to be relocated, rehabilitated, or destroyed. Identifying food-conditioned bears may be difficult if the animal is not captured or killed while immediately engaged in the nuisance behavior. Fatty acid signature analysis has been used to examine the dietary habits of bears and other carnivores and is based on the predictable incorporation of ingested fatty acids into the consumer’s fat stores. Unusual fatty acids that are available in only a few food types may be particularly useful dietary markers. In this …

Evaluation Of Physical Barriers To Prevent Prairie Dog Colony Expansion, Gary Witmer, James Gionfriddo, Michael Pipas

Human–Wildlife Interactions

Expansion of black-tailed prairie dog (Cynomys ludovicianus) colonies on public and private lands can result in damage to property. Physical barriers to prairie dogs can be used to minimize human–wildlife conflicts. We evaluated 17 existing barriers in the Fort Collins and Boulder, Colorado, areas. Most barriers were made of a single row of vinyl material; these barriers sustained high levels of damage, primarily from wind, and were frequently breached by prairie dogs digging underneath them. Barriers that included a vegetation and a vinyl barrier or a double-vinyl barrier were wind damaged and breached less frequently than the single-vinyl …

Assessment Of Costs Associated With Deer–Vehicle Collisions: Human Death And Injury, Vehicle Damage, And Deer Loss, John A. Bissonette, Christine A. Kassar, Lawrence J. Cook

Human–Wildlife Interactions

Collisions between large vertebrates and vehicles along roadways are an increasing concern, not only because of ecological consequences, but also because of associated economic and social costs. We used a large-scale, long-term data set comprising several databases from Utah to summarize and analyze these costs. The overall cost for 13,020 collisions from 1996 to 2001 in Utah was approximately $45,175,454, resulting in an estimated average per year cost of about $7,529,242 and a mean collision cost of $3,470. These figures include human fatality costs of $24 million (53% of total costs); vehicle damage costs of $18 million (39%); loss of …

Locations Of Deer–Vehicle Collisions Are Unrelated To Traffic Volume Or Posted Speed Limit, John A. Bissonette, Christine A. Kassar

Human–Wildlife Interactions

Consensus is lacking regarding the influence of vehicle speed and traffic volume on deer–vehicle collision (DVC) rates. Yet, annual average daily traffic fl ow (AADT) and posted speed limit (PSL) typically are used to measure these variables. To resolve this conflict, we studied the effects of traffic volume and vehicle speed on DVCs in Utah. Our results showed no relationship between AADT or PSL and DVC occurrence. There are at least 3 explanations for our results: (1) no causal relationship exists; (2) AADT and PSL, as measured, actually explain little of the variation; and (3) data quality problems exist. We …

Book Review: The Double-Crested Cormorant: Issues And Management, Valerie M. Burton

Human–Wildlife Interactions

Fish-eating birds and their interactions with fisheries cause mixed feelings for many people. Avian and human fisheries are perceived to be in conflict throughout the world, particularly in areas where piscivorous bird populations are increasing numerically and expanding geographically. These interactions have long been the subject of research, with papers dating back to at least the 1930s. Not only are the conflicts of fish-eating birds of scientific concern, the birds also cause political, biological, ecological, and socioeconomic issues throughout the country.

Standardizing The Data On Wildlife–Vehicle Collisions, Johan T. Du Toit

Human–Wildlife Interactions

There are few more dramatic manifestations of human– wildlife conflict than squealing brakes, a sickening crunch, flying gravel, and then silence except for the weakly spasmodic scrabbling of a semipulverized deer as it lies dying on the side of a highway. The scientific analysis of wildlife–vehicle collisions is an applied science of increasing importance throughout the industrialized world, but it is yet woefully deficient in theoretical underpinnings and standardized methodology. The overarching discipline of road ecology has only recently gained formal recognition through the publication of the first definitive book on this topic by Forman et al. (2003). And until …

Physiological Effects Of Gonadotropin-Releasing Hormone Immunocontraception On White-Tailed Deer, Paul D. Curtis, Milo E. Richmond, Lowell A. Miller, Fred W. Quimby

Human–Wildlife Interactions

Before immunocontraceptives can be considered safe to use on wildlife species, potential health risks should be assessed. Gonadotropin-releasing hormone (GnRH) immunocontraceptive has successfully reduced fertility of white-tailed deer (Odocoileus virginianus); however, associated deer physiology has rarely been examined. We conducted gross necropsy examinations, histology, and blood chemistry comparisons on euthanized deer previously vaccinated with immunogenic GnRH (n = 18 females and n = 4 males), or left as untreated controls (n = 7 females and n = 6 males).

Demographics Of Non-Hunted White-Tailed Deer Populations In Suburban Areas, Anthony J. Denicola, Dwayne R. Etter, Thomas Almendinger

Human–Wildlife Interactions

Burgeoning deer populations in urban and suburban areas, along with the inherent problems stemming from this increase, are becoming increasingly widespread. To address these problems, wildlife biologists need quality baseline data of herd composition for harvest and treatment forecasts for management and fertility control research programs. In this study, we provide white-tailed deer (Odocoileus virginianus) population data from 4 areas where localized suburban white-tailed deer populations were substantially reduced utilizing sharpshooting as a management tool. In each area, legal hunting was nonexistent for >10 years preceding the sharpshooting program. The areas ranged in size from 300 ha to …

In The News, Spring 2008, Joe N. Caudell, Rob Mcilvan

Human–Wildlife Interactions

The Daily Globe of Ironwood, Michigan, reported on a new Wisconsin regulation that went into effect on October 1, 2007. People who feed deer for non-hunting purposes are required to stop doing so for at least 30 days if bear or elk begin using the site. Deer-feeding currently is banned in 26 Wisconsin counties. The amount and location where bait or feed may be distributed is regulated in all of the other counties in the state. This new regulation is aimed at protecting homeowners, motorists, and the small but growing elk herd by reducing disease transmission, automobile collisions, and other …

Book Review: Urban Wildlife Management, Jennifer Lynch

Human–Wildlife Interactions

The ever-growing field of human–wildlife conflicts has lacked a comprehensive textbook that addresses wildlife management in the urban landscape. Professors teaching urban wildlife classes have drawn on peer-reviewed and popular articles to support the subject matter. Enter wildlife professors Clark Adams, Sara Ash, and Kieran Lindsey. Together, they have brought to us the first comprehensive book on urban wildlife management, titled (you guessed it) Urban Wildlife Management.

Deer–Vehicle Collision Prevention Techniques, Lauren L. Mastro, Michael R. Conover, S. Nicole Frey

Human–Wildlife Interactions

Every year in the United States approximately 1.5 million deer–vehicle collisions (DVCs) occur resulting in >29,000 human injuries, >200 human fatalities, 1.3 million deer fatalities, and >1 billion dollars worth of property damage. Despite the magnitude of this problem, there are relatively few well-designed studies that have evaluated techniques that can be used to reduce DVCs. Techniques to reduce DVCs fall into 4 categories: reducing the number of deer (Odocoileus spp.), reducing the number of vehicles, modifying deer behavior, and changing motorist behavior. Techniques to reduce the number of deer include decreasing the deer population or excluding deer from …

Factors Affecting Autumn Deer–Vehicle Collisions In A Rural Virginia County, William J. Mcshea, Chad M. Stewart, Laura J. Kearns, Stefano Liccioli, David Kocka

Human–Wildlife Interactions

Vehicular collisions with white-tailed deer (Odocoileus virginianus) are a safety and economic hazard to motorists. Many efforts to reduce deer–vehicle collisions (DVCs) have proven unsuccessful, but deer reduction has been a primary management tool in several states. The Virginia Department of Transportation geo-located all known DVCs in Clarke County, Virginia, from August through December 2005 (n = 246) and 2006 (n = 259). We estimated harvest intensity, deer population density, amount of forest and housing development, presence of row crops, and traffic volume and speed for 228 road segments (each 500 m in length) within the county to …

Deer–Vehicle Collision Statistics And Mitigation Information: Online Sources, Terry A. Messmer, Destiny R. Messmer

Human–Wildlife Interactions

Although good data are lacking, published estimates suggest that >1.5 million deer– vehicle collisions (DVCs) occur annually in the United States. The estimated losses exceed 1 billion dollars. In some states, DVCs are a major cause of reportable accidents. Federal, state, and private partners have cooperated in monitoring trends in DVCs and implementing mitigation measures. Most of this information about such measures is readily available via the Internet. The purpose of this paper is to provide the reader with a broad overview of and a guide to the information currently available online to mitigate DVCs.