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2009

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John Boyle And Norrine Boyle V. Kerry Christensen : Brief Of Appellant, Utah Supreme Court Jan 2009

John Boyle And Norrine Boyle V. Kerry Christensen : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

HON. TYRONE E. MEDLEY THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH BRIEF OF APPELLANTS ON CERTIORARI


Trovon Donta Ross V. State Of Utah : Brief Of Appellant, Utah Supreme Court Jan 2009

Trovon Donta Ross V. State Of Utah : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Direct appeal from summary judgement dismissing petition under the Post-Conviction Remedies Act entered in the Second Judicial District Court, in and for Davis County, State of Utah, the Honorable Rodney S. Page, presiding


State Of Utah V. Charles Moa : Reply Brief, Utah Supreme Court Jan 2009

State Of Utah V. Charles Moa : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This writ of certiorari arises from a court of appeals' decision affirming two judgments of conviction in the Third Judicial District, in and} for Salt Lake County, State of Utah. Case no. 031903971 involves a conviction for one count of Discharging a Firearm Toward a Building, a third degree felony, in violation of Utah Code Ann. § 76-10-508 (2003), the Honorable Timothy R. Hanson, presiding. Case no. 071904352 involves convictions for one count each of Discharging a Firearm From a Vehicle, a third degree felony, in violation of Utah Code Ann. § 76-10-508 (Supp. 2007), Failure to Respond to an …


State Of Utah V. Charles Moa : Brief Of Petitioner, Utah Supreme Court Jan 2009

State Of Utah V. Charles Moa : Brief Of Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This writ of certiorari arises from a court of appeals' decision affirming two judgments of conviction in the Third Judicial District, in and for Salt Lake County, State of Utah. Case no. 031903971 involves a conviction for one count of Discharging a Firearm Toward a Building, a third degree felony, in violation of Utah Code Ann. § 76-10-508 (2003), the Honorable Timothy R. Hanson, presiding. Case no. 071904352 involves convictions for one count each of Discharging a Firearm From a Vehicle, a third degree felony, in violation of Utah Code Ann. § 76-10-508 (Supp. 2007), Failure to Respond to an …


Larry N. Long V. Ethics And Dicipline Committee Of The Utah Supreme Court : Reply Brief, Utah Supreme Court Jan 2009

Larry N. Long V. Ethics And Dicipline Committee Of The Utah Supreme Court : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Reply Brief of the Petitioner


Larry N. Long V. Ethics And Dicipline Committee Of The Utah Supreme Court : Brief Of Appellee, Utah Supreme Court Jan 2009

Larry N. Long V. Ethics And Dicipline Committee Of The Utah Supreme Court : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF APPELLEE.


Larry N. Long V. Ethics And Dicipline Committee Of The Utah Supreme Court : Brief Of Petitioner, Utah Supreme Court Jan 2009

Larry N. Long V. Ethics And Dicipline Committee Of The Utah Supreme Court : Brief Of Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Petition for Review or Petition for Extraordinary Relief from a final Order of Discipline: Admonition, Order of Discipline: Public Reprimand, and Order of Discipline: Public Reprimand by Respondent Ethics and Discipline Committee of the Utah Supreme Court, OPC File Nos. 07-0497, 08-0049, and 08-0080.


David Pyper V. Justin C. Bond, Dale M. Dorius, And Alison D. Bond : Brief Of Appellee, Utah Supreme Court Jan 2009

David Pyper V. Justin C. Bond, Dale M. Dorius, And Alison D. Bond : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Utah Court of Appeals Ca^se No. 20080906


Kang S. Park And Marsha Park V. Gary B. Stanford : Brief Of Appellee, Utah Supreme Court Jan 2009

Kang S. Park And Marsha Park V. Gary B. Stanford : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Utah Court of Appeals, 2009 UT App 307


David L. Gladwell V. Douglas James Reinhart : Unknown, Utah Supreme Court Jan 2009

David L. Gladwell V. Douglas James Reinhart : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

CERTIFICATION OF CONTROLLING ISSUE OF UTAH LAW BY THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT


Highlands At Jordanelle V. Bv Jordanelle : Reply Brief, Utah Supreme Court Jan 2009

Highlands At Jordanelle V. Bv Jordanelle : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.


London As Delaware?, Adam C. Pritchard Jan 2009

London As Delaware?, Adam C. Pritchard

Articles

In the United States, state corporate law determines most questions of internal corporate governance - the role of directors; the allocation of authority between directors, managers, and shareholders; etc. - while federal law governs questions of disclosure to shareholders - annual reports, proxy statements, and periodic filings. Despite substantial incursions by Congress, most recently with the Sarbanes-Oxley Act, this dividing line between state and federal law persists, so state law arguably has the most immediate effect on corporate governance outcomes.


Editor's Introduction Exotic Species And Monkey Paws, Michael R. Conover Jan 2009

Editor's Introduction Exotic Species And Monkey Paws, Michael R. Conover

Human–Wildlife Interactions

No abstract provided.


Column The Human Side Of Invasive Species, Ben C. West Jan 2009

Column The Human Side Of Invasive Species, Ben C. West

Human–Wildlife Interactions

No abstract provided.


A Review Of The Potential Of Fertility Control To Manage Brushtail Possums In New Zealand, Weihong Ji Jan 2009

A Review Of The Potential Of Fertility Control To Manage Brushtail Possums In New Zealand, Weihong Ji

Human–Wildlife Interactions

Brushtail possums (Trichosurus vulpecula) were introduced into New Zealand from Australia in the mid-1800s and became a major invasive pest. They damage native biodiversity by browsing and predation, and they are a disease risk to the livestock industry by acting as vectors of bovine tuberculosis (TB). Management of possums includes their eradication from some offshore islands and control by trapping, shooting, and poisoning on the mainland. Possums have been eradicated successfully from some islands and greatly reduced in abundance in other areas of high conservation value or where they are infected with TB. However, possums are still at …


White-Tailed Deer Attacking Humans During The Fawning Season: A Unique Human-Wildlife Conflict On A University Campus, Ryan D. Hubbard, Clayton K. Nielsen Jan 2009

White-Tailed Deer Attacking Humans During The Fawning Season: A Unique Human-Wildlife Conflict On A University Campus, Ryan D. Hubbard, Clayton K. Nielsen

Human–Wildlife Interactions

Human–wildlife conflicts associated with suburban white-tailed deer (Odocoileus virginianus) populations have increased in the last 20 years. Primary threats to human health and safety associated with overabundant deer populations include deer–vehicle collisions, attacks on humans, disease, and damage to native and ornamental vegetation. During the fawning seasons (May–June) of 2005 and 2006, 13 confirmed incidences of white-tailed deer attacking humans occurred on the campus of Southern Illinois University–Carbondale. To our knowledge, no report exists that documents free-ranging does attacking humans during the fawning season. The attacks occurred at multiple locations on campus, with injuries to humans, including minor …


The Soap Box Development Of Wildlife Damage Management: A Personal Perspective, Walter E. Howard Jan 2009

The Soap Box Development Of Wildlife Damage Management: A Personal Perspective, Walter E. Howard

Human–Wildlife Interactions

No abstract provided.


The Eradication Of Invasive Mammal Species: Can Adaptive Resource Management Fill The Gaps In Our Knowledge?, Sugoto Roy, Graham C. Smith, James C. Russell Jan 2009

The Eradication Of Invasive Mammal Species: Can Adaptive Resource Management Fill The Gaps In Our Knowledge?, Sugoto Roy, Graham C. Smith, James C. Russell

Human–Wildlife Interactions

Invasive alien species (IAS) threaten global biodiversity; they are the major cause of species extinction on offshore islands. Management of IAS requires data on the ecology of species in their new environment, how these species respond to management, and how these processes interact. Often, however, there is a paucity of information on key biological parameters that are critical to making management decisions. We sent a questionnaire to professionals and organizations managing invasive species and asked the respondents to prioritize a list of information they required to carry out eradication of invasive species. We analysed responses to assess the level of …


External Characteristics Of Houses Prone To Woodpecker Damage, Emily G. Harding, Sandra L. Vehrencamp, Paul D. Curtis Jan 2009

External Characteristics Of Houses Prone To Woodpecker Damage, Emily G. Harding, Sandra L. Vehrencamp, Paul D. Curtis

Human–Wildlife Interactions

Woodpecker (Picidae spp.) damage to houses and buildings is a widespread and locally severe problem, yet the probability and type of damage has never been quantified and related to home characteristics. Woodpeckers excavate holes in homes for a several reasons, mainly for building nest and roost cavities, drumming, and foraging for insects. We examined the external characteristics of houses that were contributing factors in attracting woodpeckers to bore holes in house siding and trim. From March 2001 through April 2002, we surveyed 1,185 houses in the town of Ithaca, Tompkins County, New York. Of the houses visited, 33% had …


Deer Guards And Bump Gates For Excluding White-Tailed Deer From Fenced Resources, Kurt C. Vercauteren, Nathan W. Seward, Michael J. Lavelle, Justin W. Fischer, Gregory E. Phillips Jan 2009

Deer Guards And Bump Gates For Excluding White-Tailed Deer From Fenced Resources, Kurt C. Vercauteren, Nathan W. Seward, Michael J. Lavelle, Justin W. Fischer, Gregory E. Phillips

Human–Wildlife Interactions

White-tailed deer (Odocoileus virginianus) causing damage is a reoccurring theme in the realm of wildlife damage management, especially regarding human safety, disease transmission, and agricultural losses. Fences often are the only reliable long-term nonlethal means of controlling deer damage. The efficacy of fences, however, relies on their weakest link: human-operated gates. Although not overly time-consuming, the act of closing a gate appears to be a burden to individuals, resulting in open-access to an otherwise protected resource. We examined the efficacy of 2 alternatives to traditional gates to evaluate their potential to be used for excluding or containing deer. …


Commentary Setting Research Priorities At Wildlife Services’ National Wildlife Research Center, Richard L. Bruggers Jan 2009

Commentary Setting Research Priorities At Wildlife Services’ National Wildlife Research Center, Richard L. Bruggers

Human–Wildlife Interactions

No abstract provided.


Safety Management Systems: How Useful Will The Faa National Wildlife Strike Database Be?, Richard A. Dolbeer, Sandra E. Wright Jan 2009

Safety Management Systems: How Useful Will The Faa National Wildlife Strike Database Be?, Richard A. Dolbeer, Sandra E. Wright

Human–Wildlife Interactions

The National Wildlife Strike Database for Civil Aviation in the United States became operational in 1995 with the initiation of data entry of all strike reports beginning in 1990. The database contained 82,057 reported strikes from 1990 to 2007. About 9,800 of these strike reports noted damage to the aircraft, of which 2,700 indicated the damage was substantial. The database has proven to be a useful source of objective information on the extent and nature of wildlife strikes for personnel at individual airports and for researchers and regulatory agencies at the national level. With the impending requirement for airports in …


Forensic Bird-Strike Identification Techniques Used In An Accident Investigation At Wiley Post Airport, Oklahoma, 2008, Carla J. Dove, Nor Faridah Dahlan, Marcy Heacker Jan 2009

Forensic Bird-Strike Identification Techniques Used In An Accident Investigation At Wiley Post Airport, Oklahoma, 2008, Carla J. Dove, Nor Faridah Dahlan, Marcy Heacker

Human–Wildlife Interactions

On March 4, 2008, a Cessna Citation 1 (Model 500) crashed in a wooded area near Wiley Post Airport, Oklahoma, killing all 5 people on board. This paper describes the detailed forensic methods and expertise used by the Smithsonian Institution’s Feather Identification Lab to identify the bird that caused this bird-strike incident. We used standard methods of whole-feather analysis, microscopic examination, and DNA barcoding in this case to identify American white pelican (Pelecanus erythrorhynchos) as the bird species involved in this fatal crash. We also report the importance of proper field investigation and evidence collection for accurate results, …


A Decade Of U.S. Air Force Bat Strikes, Suzanne C. Peurach, Carla J. Dove, Laura Stepko Jan 2009

A Decade Of U.S. Air Force Bat Strikes, Suzanne C. Peurach, Carla J. Dove, Laura Stepko

Human–Wildlife Interactions

From 1997 through 2007, 821 bat strikes were reported to the U.S. Air Force (USAF) Safety Center by aircraft personnel or ground crew and sent to the National Museum of Natural History, Smithsonian Institution, for identification. Many samples were identified by macroscopic and or microscopic comparisons with bat specimens housed in the museum and augmented during the last 2 years by DNA analysis. Bat remains from USAF strikes during this period were received at the museum from 40 states in the United States and from 20 countries. We confirmed that 46% of the strikes were caused by bats, but we …


Using Wedelia As Ground Cover On Tropical Airports To Reduce Bird Activity, Michael A. Linnell, Michael R. Conover, Tim J. Ohashi Jan 2009

Using Wedelia As Ground Cover On Tropical Airports To Reduce Bird Activity, Michael A. Linnell, Michael R. Conover, Tim J. Ohashi

Human–Wildlife Interactions

Bird–aircraft collisions (i.e., bird strikes) are a major problem at airports worldwide, often because birds are attracted to airfields to feed on seeds, insects, or rodents that abound in the grassy areas near runways and taxiways. We compared an alternative ground cover, wedelia (Wedelia trilobata), to existing vegetation (control plots) on the airfield at Lihue Airport, Kauai, Hawaii, to determine if bird populations on the airport could be reduced by eliminating their forage base. We studied wedalia because it is a low-growing plant that did not need mowing, was easily established in plots, and out-competed other plants, resulting …


Management Of Bayberry In Relation To Tree-Swallow Strikes At John F. Kennedy International Airport, New York, Glen E. Bernhardt, Zachary J. Patton, Lisa A. Kutschbach-Brohl, Richard A. Dolbeer Jan 2009

Management Of Bayberry In Relation To Tree-Swallow Strikes At John F. Kennedy International Airport, New York, Glen E. Bernhardt, Zachary J. Patton, Lisa A. Kutschbach-Brohl, Richard A. Dolbeer

Human–Wildlife Interactions

Tree swallows (Tachycineta bicolor) have been a periodic bird-strike problem at John F. Kennedy International Airport (JFKIA), New York, New York, causing runway closures, flight delays, and damage to aircraft following the ingestion of bird flocks into engines. We examined 65 tree swallows collected at JFKIA in October 2001 to determine food sources that were attracting the birds to the airport. Digestive tracts of all 65 specimens contained northern bayberry fruits (Myrica pensylvanica), averaging 15.6 fruits per bird or 3.4% of the bird’s body mass in specimens where the entire tract was dissected. Bayberry fruits are …


Observations Of Neck-Collared Canada Geese Near John F. Kennedy International Airport, New York, Thomas W. Seamans, Scott E. Clemons, Allen L. Gosser Jan 2009

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 …


Burrowing Owl And Other Migratory Bird Mitigation For A Runway Construction Project At Edwards Afb, Amber L. Hoehn, Mark Hagan, Mark Bratton Jan 2009

Burrowing Owl And Other Migratory Bird Mitigation For A Runway Construction Project At Edwards Afb, Amber L. Hoehn, Mark Hagan, Mark Bratton

Human–Wildlife Interactions

Edwards Air Force Base (AFB) scheduled the construction of a runway in the spring of 2007. The runway would be in an area that contained migratory birds and their habitat. The construction project would be near Edwards AFB main runway and had the potential not only to impact species protected under the Migratory Bird Treaty Act (MBTA), including the burrowing owl (Athene cunicularia), but also to increase bird and wildlife–aircraft strike hazards in the active flightline areas. To discourage nesting in the project area, reduce the potential for bird and wildlife–aircraft strikes, and maintain compliance with federal environmental …


Molt Migration By Giant Canada Geese In Eastern South Dakota, Charles D. Dieter, Bobby J. Anderson Jan 2009

Molt Migration By Giant Canada Geese In Eastern South Dakota, Charles D. Dieter, Bobby J. Anderson

Human–Wildlife Interactions

We captured giant Canada geese (Branta canadensis maxima) in 7 counties in eastern South Dakota during the summer molting period, 2000–2003. We attached very high frequency (VHF) transmitters to 150 adult female geese with brood patches, and leg bands to 3,839 geese. We documented molt migrations using VHF telemetry and indirect band recovery at locations north of South Dakota. Telemetry of radio-collared female geese during the breeding season indicated that 56% of nonbreeders, 81% of unsuccessful breeders, and 19% of successful female breeders embarked on a molt migration. Five of 34 geese that underwent molt migrations moved to northeast South …


A Tribute To Richard A. Dolbeer Richard A. Dolbeer: Scientist, Innovator, Manager, And Mentor, Bradley F. Blackwell, Travis L. Devault Jan 2009

A Tribute To Richard A. Dolbeer Richard A. Dolbeer: Scientist, Innovator, Manager, And Mentor, Bradley F. Blackwell, Travis L. Devault

Human–Wildlife Interactions

No abstract provided.