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Environmental Litigation Standing After Massachusetts V. Epa: Center For Biological Diversity V. Epa, Andy Hoisado

PEEL Alumni Scholarship

As a consequence of the U.S. Supreme Court’s landmark 2007 decision in Massachusetts v. Environmental Protection Agency, reduced standing requirements have enabled litigators to pursue environmental claims and compel U.S. Federal agencies to enforce existing statutes. Center for Biological Diversity v. Environmental Protection Agency is predicated upon these reduced standing requirements. On May 14, 2009, the Center for Biological Diversity (“CBD”) filed a complaint in the Western District of Washington against the Environmental Protection Agency (“EPA”) based on EPA’s failure to list and regulate damage caused to Washington’s coastal waters by ocean acidification. In the suit, the CBD alleged that …

The Texas Caver, Volume 55, No. 4, October-December, Mark Alman

The Texas Caver

Contents: Texas Cavers Reunion Photo Album—Inside Cover: Photos in Front by David Ochel and photos in Back by Mark Alman. -- Snookie’s Cave: Submitted by Kurt and Justin Menking. -- Amazing Maze Cave Labor Day Weekend Survey Trip. Texas Cave Management Association Project. September 4th-7th, 2009: Submitted by Ellie Thoene. Photos by Don Arburn, Joe Furman, Mignonne Gros, Jim Kennedy, Peter Sprouse, and Ellie Thoene. -- Houston Party at Louise Hose and Paul Dye’s Home and a Visit with Chris Nicola and Barb McLeod: Report submitted by Bill Steele. Photos by Lyndon Tiu. -- “The Carbide Corner”.: This issue’s special …

Deep Ecology And End-Of-Life Care, Paul Carrick

Philosophy Faculty Publications

Physicians and nurses caring for terminally ill patients are expected to center their moral concerns almost exclusively on the needs and welfare of the dying patient and the patients family. But what about the relationship of traditional medical ethics to the emerging new theories of environmental ethics, like deep ecology? As we glide into the twenty-first century, can anyone seriously doubt that the mounting global concerns of environmental ethics will eventually influence the ethics of medicine too?

For example, suppose physicians were to integrate the core values of an ecocentric environmental ethic like deep ecology into contemporary North American norms …

Nil: The Value Of Patents In A Major Crisis Such As An Influenza Pandemic, Dennis D. Crouch

Faculty Publications

This essay focuses on the role of patents in relation to a potential global crisis such as an influenza pandemic or other public health crisis. I argue that patent rights will be largely ignored during an epidemic and that any post-crisis compensation would likely be low when compared to traditional patent rewards or settlements entered under threat of injunctive relief. In some situations, such as use of a patented invention by a state or local government, a patentee may have no recourse. Part III of the essay raises a separate issue that stems from the relatively long time frame for …

Echoes Of The Impact Of Webb V. Mcgowin On The Doctrine Of Consideration Under Contract Law: Some Reflections On The Decision On The Approach Of Its 75th Anniversary, Stephen J. Leacock

Faculty Scholarship

No abstract provided.

Advanced Mid-Water Tools For 4d Marine Data Fusion And Visualization, Maurice Doucet, Colin Ware, Thomas C. Weber, Larry A. Mayer, Roland J. Arsenault, Mashkoor A. Malik, Lindsay Gee

Center for Coastal and Ocean Mapping

Mapping and charting of the seafloor underwent a revolution approximately 20 years ago with the introduction of multibeam sonars -- sonars that provided complete, high-resolution coverage of the seafloor rather than sparse measurements. The initial focus of these sonar systems was the charting of depths in support of safety of navigation and offshore exploration; more recently innovations in processing software have led to approaches to characterize seafloor type and for mapping seafloor habitat in support of fisheries research. In recent years, a new generation of multibeam sonars has been developed that, for the first time, have the ability to map …

Enhancing Ais To Improve Whale-Ship Collision Avoidance And Maritime Security, Philip A. Mcgillivary, Kurt Schwehr, Kevin Fall

Center for Coastal and Ocean Mapping

Whale-ship strikes are of growing worldwide concern due to the steady growth of commercial shipping. Improving the current situation involves the creation of a communication capability allowing whale position information to be estimated and exchanged among vessels and other observation assets. An early example of such a system has been implemented for the shipping lane approaches to the harbor of Boston, Massachusetts where ship traffic transits areas of the Stellwagen Bank National Marine Sanctuary frequently used by whales. It uses the Automated Identification Systems (AIS) technology, currently required for larger vessels but becoming more common in all classes of vessels. …

Kenyon College Alumni Bulletin - Fall 2009

Kenyon College Alumni Bulletin

No abstract provided.

The Production Of Antibody By Invading B Cells Is Required For The Clearance Of Rabies Virus From The Central Nervous System., D Craig Hooper, Timothy W Phares, Marzena J Fabis, Anirban Roy

Department of Cancer Biology Faculty Papers

BACKGROUND: The pathogenesis of rabies is associated with the inability to deliver immune effectors across the blood-brain barrier and to clear virulent rabies virus from CNS tissues. However, the mechanisms that facilitate immune effector entry into CNS tissues are induced by infection with attenuated rabies virus.

METHODOLOGY/PRINCIPAL FINDINGS: Infection of normal mice with attenuated rabies virus but not immunization with killed virus can promote the clearance of pathogenic rabies virus from the CNS. T cell activity in B cell-deficient mice can control the replication of attenuated virus in the CNS, but viral mRNA persists. Low levels of passively administered rabies …

Etsu Today - Fall 2009, University Marketing And Communication, East Tennessee State University

ETSU Today [magazine]

Despite the economy, ETSU remains strong. After a year of buyouts and budget cuts, East Tennessee State University is still strong, the school’s president said in August. Delivering the annual state of the university address at the faculty convocation Friday, Dr. Paul Stanton, ETSU president, said the challenges ETSU faced in the 2008-2009 fiscal year were tough but manageable because of good planning and good employees. “When I delivered the state of the university address last year, I was preparing for ... retirement, having made that announcement for medical reasons,” Stanton told the faculty gathered in the school’s D.P. Culp …

Forage News [2009-10], Department Of Plant And Soil Sciences, University Of Kentucky

Forage News

• 10th Kentucky Grazing Conference
• 30th "Anniversary" Kentucky Alfalfa Conference
• KFGC Update
• Growing Alfalfa in the South
• Effects of a Freeze on Forages
• Grazing and Eliminative Behavior of Horses Grazing Bermudagrass
• Spatial Distribution of Livestock Concentration Areas and Soil Nutrients in Pastures
• Effect if Humate Application on the Forage Yield and Quality of Bermudagrass and Tall Fescue
• Effect of Repeated or One-Time Grazing of Kudzu by Sheep and Goats in Central Georgia
• Upcoming Events

From Privacy To Liberty: The Fourth Amendment After Lawrence, Thomas P. Crocker

Faculty Publications

This Article explores a conflict between the protections afforded interpersonal relations in Lawrence v. Texas and the vulnerability experienced under the Fourth Amendment by individuals who share their lives with others. Under the Supreme Court's third-party doctrine, we have no constitutionally protected expectation of privacy in what we reveal to other persons. The effect of this doctrine is to leave many aspects of ordinary life shared in the company of others constitutionally unprotected. In an increasingly socially networked world, the Fourth Amendment may fail to protect precisely those liberties-to live in the company of others free from state surveillance and …

Faculty Notes, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

New faculty; Faculty news.

Observations Of Neck-Collared Canada Geese Near John F. Kennedy International Airport, New York, Thomas W. Seamans, Scott E. Clemons, Allen L. Gosser

Human–Wildlife Interactions

Canada geese (Branta canadensis) often cause significant damage when they strike aircraft. They are responsible for a reported minimum of $2.6 million in damage per year to civil aviation in the United States. Knowledge of goose movements in relation to airports would allow wildlife managers to allocate time and funds to manage those populations that pose the greatest threat to aircraft. We placed alpha-numeric neck collars on 300 Canada geese within 8 km of both John F. Kennedy International Airport (JFKIA) and LaGuardia Airport in New York, New York. We conducted weekly observations for 2 years within a …

Birds And Aircraft—Fighting For Airspace In Ever More Crowded Skies, Richard A. Dolbeer

Human–Wildlife Interactions

This special issue of Human–Wildlife Conflicts (HWC) was conceived 1 year ago by Bird Strike Committee–USA (BSC–USA) and the Berryman Institute. Our premise was that the collision of aircraft with birds (bird strikes) and other wildlife is a growing problem about which the general public and most scientists and wildlife biologist know very little. Furthermore, although considerable work has been done to mitigate the risks caused by bird strikes, there have been few peer-reviewed publications of these research and management efforts. Thus, our 2 goals were to (1) educate the broad readership of HWC about the growing safety and economic …

Tourist Attitudes Toward Elk Management In The Pine Ridge Region Of Northwestern Nebraska, R. Daniel Crank, Scott Hygnstrom, Scott R. Groepper Mr.

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

We interviewed 200 tourists at Fort Robinson State Park and Chadron State Park in the Pine Ridge region of northwestern Nebraska during July and August of 1997 to determine attitudes toward elk (Cervus elaphus) and elk management in Nebraska. Fifty-nine percent of the respondents were aware that elk occupied the Pine Ridge, 95% favored free-ranging elk, and 55% favored hunting as a means of managing the population. Nebraska residents were more aware of elk and elk hunting in the Pine Ridge than were nonresidents. Also, more residents had observed elk and were willing to drive longer distances to …

Book Review: Ecology Of The Shortgrass Steppe: A Long-Term Perspective Edited By William Lauenroth And Ingrid C. Burke, Richard K. Sutton

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

Ecology of the Shortgrass Steppe represents the newest in a series of books detailing the Long-Term Ecological Research (LTER) sites found throughout the United States. The book’s editors, associated with the on-going interdisciplinary research at the Central Plains Experimental Range and nearby Pawnee National Grasslands, bring 40 years of work to understanding this unique ecosystem.

The book proceeds from general overview chapters about the context, climate, soils, and plant community of what the editors call the shortgrass steppe (shortgrass prairie) to more detailed chapter reviews of its disturbance regime, faunal communities, primary production, organic and gas exchanges, grazing, and finally …

Book Review: Establishing Justice In Middle America: A History Of The United States Court Of Appeals For The Eighth Circuit By Jeffrey Brandon Morris, Mark R. Scherer

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

The United States Supreme Court accepts for review less than two percent of the cases presented to it on appeal. For the vast majority of litigants in the federal court system, therefore, the circuit courts of appeal are truly the “court of last resort,” and throughout American history those courts have had the final say on a wide range of critical issues. Yet despite these truths, books about the Supreme Court arrive on the shelves almost daily, while treatments of the lower courts remain rare. Thus, Jeffrey Brandon Morris’s goal in Establishing Justice in Middle America is both admirable and …

Book Review: Moving Toward Justice: Legal Traditions And Aboriginal Justice Edited By John D. Whyte, Kelly Larocca

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

Moving toward justice for Aboriginal peoples requires a narrowing of the gap between the theory of Aboriginal rights and practice. The increase in political resolve required to promote the priority of justice for Aboriginal peoples will be achieved only through a reinforcement of mutual obligations that form the core of Aboriginal rights.

While this collection is substantially grounded in discussions of social development through law, Constitutionalism, and public administration, it is unclear that the concept of priority within the larger intersocietal relationship is ever directly engaged. Though the essays represent an impressive and promising diversity of views, there is a …

New Records Of Dynastine Scarab Beetles In The Tribes Oryctini, Agaocephalini And Dynastini From Cayo District, Belize (Coleoptera: Scarabaeidae: Dynastinae), Conrad P. D. T. Gillett

Insecta Mundi

Six species of the tribe Oryctini, one species of Agaocephalini, and two species of Dynastini are presently recorded from the Cayo district of western Belize. The following five species are newly recorded from Belize: Heterogomphus mniszechi (Thomson), Strategus longichomperus Ratcliffe, S. jugurtha Burmeister, Spodistes mniszechi (Thomson), and Dynastes hercules (Linnaeus). The following two species are newly recorded from Cayo: Enema endymion Chevrolat and Strategus aloeus (Linnaeus). Biological and distributional comments relating to these records are presented and briefly discussed.

Six espèces de la tribu Oryctini, une espèce de la tribu Agaocephalini et deux espèces de la tribu Dynastini sont signalées …

Using Digital Primary Sources For Teaching K-12, Cheryl D. Walters, Anne R. Diekama, Sheri Haderlie, Heather Leary

Library Faculty & Staff Publications

USU faculty and northern Utah K-12 teachers and library media specialists talk about how to identify and integrate digital primary sources such as photographs, letters, diaries, interviews and more into the curriculum to create engaging lessons. Digital resources such as the Library of Congress' American Memory, Mountain West Digital Library, and Utah Digital Newspapers, as well as tools for organizing the digital objects will be discussed.

Biography Of Joan Wint: A Principal Whose Leadership For Social Justice Transformed A Rural Jamaican High School, Jacqueline Dram-Sterling

Journal of Women in Educational Leadership

This biographical study features the leadership of Joan Miller Wint, now re- tired, who for 23 years was principal of Denbigh High School, located in a high-poverty rural area in Jamaica. In the article I examine biography as a qualitative research strategy used in "telling" the stories of women leaders; explore the influence of Wint's early life and education on her leadership; highlight the challenges Wint encountered as a principal, as well as how she transformed the school from low-performing to high-performing; and dis- cuss Wint's story in terms of the themes in the scholarship on women's leadership.

Book Review: Remaking The North American Food System: Strategies For Sustainability Edited By C. Clare Hinrichs And Thomas A. Lyson, Patricia Allen

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

Today’s food system is in need of remaking, to be sure. There is a sense that we have lost our way, as food-related health problems, environmental destruction, and food insecurity call into question the very premises of our contemporary food system. Remaking the North American Food System provides an excellent inventory and assessment of the ways in which people are working to solve these problems in different places and within different modalities. It draws on the vast experience of a number of the key experts in the world of alternative food systems, many of whom are pioneers in the field. …

Book Review: Food And The Mid-Level Farm: Renewing An Agriculture Of The Middle Edited By Thomas A. Lyson, G.W. Stevenson, And Rick Welsh, Richard A. Levins

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

The central question of Food and the Mid-Level Farm is both complex and fascinating: how can we renew an agriculture of the middle? To a large degree, the answer lies with what we think an “agriculture of the middle” is.

For decades, we have heard of a trend toward “bimodal agriculture” in which there are very many small farms, relatively few giant corporate operations, and not much in the middle. Most discussions of this “middle” go no farther than the scale of the operation, that is, the acreage, number of animals, and that sort of thing. The approach here moves …

Book Review: The Land Where The Sky Begins: North America’S Endangered Tall Grass Prairie And Aspen Parkland Photography By Dennis Fast. Text By Barbara Huck, Nicola Koper

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

The Land Where the Sky Begins is a small coffee-table book, elegantly illustrated with photographs and a few drawings of the critically endangered tallgrass prairie, and the more extensive neighboring aspen parkland. It covers, in surprising detail given its diminutive size, the evolution of grasslands and aspen parkland and describes, primarily by season, a number of typical plant and animal species that inhabit these systems.

The photographs are absolutely exquisite and far more than simply a backdrop to the lyrical text. They are really responsible for developing the images of the complex habitats described. The photos are beautifully composed and …

Book Review: The Guide To Kansas Birds And Birding Hot Spots By Bob Gress And Pete Janzen, William E. Jensen

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

Some newcomers to—or even long-time residents of—Kansas (or the Great Plains in general) need an inspirational introduction to the wonderful natural history offered by midcontinental North America. The Guide to Kansas Birds and Birding Hot Spots by Bob Gress and Pete Janzen accomplishes such an introduction. Though photographic bird guides have their limitations in illustrating plumage variation, the outstanding color photographs by Gress are exceptionally sharp, colorful, and do well in depicting field marks with frame-filling views of each species profiled. The photos are vast improvements over any preceding bird guide specific to Kansas (e.g., Thompson and Ely, Birds in …

Book Review: Wildlife Science: Linking Ecological Theory And Management Applications Edited By Timothy E. Fulbright And David G. Hewitt, Craig R. Allen

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

Wildlife Science stems from the 25th Anniversary Symposium of the Caesar Kleberg Wildlife Research Institute in April 2006, the topic of which furnishes the book with its full title. The symposium’s organizers celebrated the occasion by inviting “a group of the best and brightest minds in wildlife science” to participate. The edited volume, with 38 authors contributing to a total of 20 chapters, is weighted towards Texas (23 of its authors are from the state), although there are examples from the rest of the U.S. and the world.

The book is organized into five parts: “Birds,” “Mammals,” “Habitat,” “Animal Health …

Book Review: Plains Apache Ethnobotany, Aaron M. Lampman

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

Prior to resettlement and assimilation, Plains Apaches had sophisticated knowledge of the plants that sustained their way of life in the Great Plains. This book by Julia A. Jordan is the only extensive work that documents Plains Apache ethnobotanical knowledge. Jordan’s research relies on interviews with six elders who experienced traditional plant use during a time of cultural transition from the 1890s to the 1960s. The book is divided into two parts, with the first part focused on methods, history, and plant conceptualization, the second on plant names, descriptions, and cultural use. The data collected from these elders represent an …

Book Review: High Plains Horticulture: A History By John F. Freeman, Dale E. Herman

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

High Plains Horticulture is an outstanding historical review of the amazing challenges and environmental constraints homesteaders, early settlers, and visionary plantsmen faced head on in their noble efforts to establish horticultural pursuits in the High Plains. Its historical documentation is noteworthy, its author’s treatment commendable. Anyone reading this book will gain renewed respect for the sheer grit, patience, endurance, passion, and leadership sacrificially offered by early plantsmen, horticulturists, and community pioneers, including early horticultural society and governmental leaders.

The text describes early vegetable- and fruit-growing efforts and clearly paints the definitive, yet intangible, role horticulture plays, in all its facets, …

Abundance And Distribution Of Lesser Snow And Ross’S Geese In The Rainwater Basin And Central Platte River Valley Of Nebraska, Mark P. Vrtiska, Susan Sullivan

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

The number of lesser snow geese (Chen caerulescens) and Ross’s geese (C. rossii), hereinafter called “light geese,” staging during spring in the Rainwater Basin and Central Platte River Valley of south-central Nebraska has dramatically increased since the late 1980s. However, there has been no documentation of the abundance or distribution of light geese across the Rainwater Basin and Central Platte River Valley and the relationship of distribution to conservation-order activities. We used aerial transect surveys and distance sampling methodology to estimate abundance and distribution of light geese in the Rainwater Basin and Central Platte River Valley …