Digital Commons Network^™

The Meaning Of Mcintyre, Adam N. Steinman

Faculty Scholarship

When certiorari was granted in J. McIntyre Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011), many hoped that the Supreme Court would provide much-needed clarification to the area of personal jurisdiction. It didn’t. The Court failed to generate a majority opinion, splitting into Justice Kennedy’s four-Justice plurality, Justice Breyer’s two-Justice concurrence, and Justice Ginsburg’s three-Justice dissent.

This essay – for the Southwestern Journal of International Law’s 2012 symposium “Our Courts and the World: Transnational Litigation and Procedure” – examines how state and federal courts have been using the McIntyre decision. Some lower court opinions have mistakenly interpreted McIntyre as …

A Note On India’S Attempt To Reconcile Diversity And Intellectual Property Issues, Srividhya Ragavan

Faculty Scholarship

For developing countries, the concept of diversity holds great promises not least because of the protection it promises for the fast depleting natural resources leading to catastrophic effect on the environment. The concept of diversity also holds great promises from a trade perspective. In reality, appropriate protection of diversity can be the solution to balance the effects of the trade regime to achieve sustainable development. The term sustainable development, as opposed to rapid pockets of development, embodies great promises for the socio-political framework in poorer nations, apart from the obvious benefit of sustainability. In fact, sustainable development, if it ensues, …

The Confucian Challenge To Intellectual Property Reforms, Peter K. Yu

Faculty Scholarship

Written for a special issue on intellectual property and culture, this essay examines the longstanding claim that culture presents a major barrier to intellectual property reforms. In the context of Asia -- China, in particular -- that claim invokes Confucianism, a non-Western culture, to account for the region's -- or the country's -- continued struggle with massive piracy and counterfeiting problems. The claim draws on a century-old tradition of condemning Confucianism for being antithetical to Western modernity.

The first half of this essay focuses on the Confucian challenge to intellectual property reforms in China. Drawing on the important distinction between …

Thermosensitive Magnetic Nanoparticles For Self-Controlled Hyperthermia Cancer Treatment, Karen S. Martirosyan

Physics & Astronomy Faculty Publications

Magnetic nanoparticles show remarkable phenomena such as superparamagnetism, high field irreversibility and high saturation magnetization [1]. The study of magnetic nanoparticles has been a very active research field due to many important applications such as drug delivery, imaging and hyperthermia cancer treatment [2]. Hyperthermia has been used for many years to treat a wide variety of tumors in patients and used as well as an adjunct to cancer radiotherapy or chemotherapy [3,4]. Its use is based on the fact that tumor cells are more sensitive to temperature in the range of 42–45°C (which yields necrosis, coagulation, or carbonization) than normal …

Cartelizing Taxes: Understanding The Oecd's Campaign Against Harmful Tax Competition, Andrew P. Morriss, Lotta Moberg

Faculty Scholarship

Formed in 1961 to promote global economic and social well-being, the Organisation for Economic Co-operation and Development (OECD) has become the collective voice of rich countries on international tax issues. After an initial focus on improving commerce through addressing double taxation issues, the organization shifted to a focus on restricting tax competition and increasing automatic exchanges of tax information. In this paper we analyze the reasons for this shift in policy focus. After describing the history of the OECD's work on taxation, we examine the OECD's project against "harmful tax competition" as it has played out since its launch in …

Characterizing Dissolved Organic Matter And Cu2+, Zn2+, Ni2+, And Pb2+ Binding In Salt Water And Implications For Toxicity, Rachael L. Diamond

Theses and Dissertations (Comprehensive)

The binding of metal to dissolved organic matter in aquatic environments is important in controlling the bioavailability and potential toxicity of metals such as Zn²⁺, Pb²⁺, Ni²⁺ and Cu²⁺. The purpose of this research is to: (i) quantify binding capacity to different sources of marine organic matter at environmentally relevant concentrations; (ii) test fluorescence quenching and voltammetric method for use in seawater conditions and; (iii) compare predicted speciation parameters with toxicological observations in the same samples.

Information regarding the solubility of copper and copper compounds is important for risk assessment and can be …

Laboratory Methods For The Advancement Of Wastewater Treatment Modeling, Holly E. Gray

Theses and Dissertations (Comprehensive)

To achieve the low levels of total phosphorus required in wastewater treatment plant effluent all chemical forms of phosphorus should be removed. The most refractory phosphorus in terms of removal is so-called “organic phosphorus”. This thesis explores potential relationships between dissolved organic matter and organic phosphorus and methods of removing organic phosphorus from waste water. Fluorescence spectroscopy will be used to characterize dissolved organic matter (DOM) in wastewater. The fluorescent DOM will then be monitored throughout the various wastewater treatment plants to investigate any changes throughout the treatment train. Correlations between fluorophore concentrations (concentrations determined for the different classifications of …

Density Functional Theory Calculations On Hydrated Dimethylarsinic Acid And Iron Oxide Clusters, Adrian Adamescu

Theses and Dissertations (Comprehensive)

Dimethylarsinic Acid (DMA) or (CH₃)₂AsO₂H is an important organoarsenical compound detected in arsenic speciation studies of environmental samples and synthesized during pyrolysis of oil shale. DMA was used historically as a herbicide on large agricultural fields and can be detected in the leachates of landfills rich in waste containing arsenic such as glass, alloys, and semiconductors, as well as biologically pre-treated municipal solid waste. Under certain soil conditions DMA can become bio-available and has the potential to be recycled to more toxic inorganic forms of arsenic. Bioavailability of DMA is largely controlled by the …

Exploiting Antipredator Behavior In White-Tailed Deer For Resource Protection, Bradley F. Blackwell, Thomas W. Seamans, Laura A. Tyson, Jerrold L. Belant, Kurt C. Vercauteren

United States Department of Agriculture Wildlife Services: Staff Publications

Effects of visual obstruction on white-tailed deer (Odocoileus virginianus) include enhanced vigilance and flight-initiation distances. Prior work suggests that artificial visual barriers might enhance perceived risk of predation to deer. During 2008–2010 at the National Aeronautics and Space Administration’s Plum Brook Station (Erie County, OH), we tested the hypotheses that visual obstruction of winter feeding stations would result in fewer white-tailed deer visiting treatment stations and increased vigilance exhibited relative to deer using control stations. When feeding stations were bounded on 3 sides by a 22.5-m-long, 1.5-m-high, continuous, polyethylene visual barrier (including a 5-m opening on the fourth …

Box Traps For Feral Swine Capture: A Comparison Of Gate Styles In Texas, David B. Long, Tyler A. Campbell

United States Department of Agriculture Wildlife Services: Staff Publications

Many different types of traps have been developed to increase feral swine (Sus scrofa) capture efficiency. Though not previously compared, gate styles may influence capture success. Our objectives were to report feral swine capture data from 31 trapping campaigns conducted in 17 counties from 2005 to 2011 in Texas, USA, compare capture rates by demographic category between side-swing and rooter gates, and evaluate influences of moisture, using the Palmer Drought Severity Index (PDSI), on juvenile capture rates. We trapped feral swine during all months of the year. Our trap configurations were identical with the exception of gate style. Traps had …

Movement And Habitat Use Of Feral Swine Near Domestic Swine Facilities, A. Christy Wyckoff, Scott E. Henke, Tyler A. Campbell, David G. Hewitt, Kurt C. Vercauteren

United States Department of Agriculture Wildlife Services: Staff Publications

Feral swine (Sus scrofa), a successful invasive species in the United States, have established growing populations in 38 states and are a reservoir of diseases important to domestic swine. An understanding of habitat use and movements is important for the prevention of disease transmission between feral and domestic swine. To assess risk posed to neighboring domestic swine facilities in East and South Texas, we determined habitat use and movement patterns of feral swine within 10 miles of domestic swine facilities, identified similarities in habitat preferences and vegetation types directly surrounding facilities, assessed effects of wet and dry conditions …

Frequent Cross-Species Transmission Of Parvoviruses Among Diverse Carnivore Hosts, Andrew B. Allison, Dennis J. Kohler, Karen A. Fox, Justin D. Brown, Richard W. Gerhold, Valerie I. Shearn-Bochsler, Edward J. Dubovi, Colin R. Parrish, Edward C. Holmes

United States Department of Agriculture Wildlife Services: Staff Publications

Although parvoviruses are commonly described in domestic carnivores, little is known about their biodiversity in nondomestic species. A phylogenetic analysis of VP2 gene sequences from puma, coyote, gray wolf, bobcat, raccoon, and striped skunk revealed two major groups related to either feline panleukopenia virus (“FPV-like”) or canine parvovirus (“CPV-like”). Cross species transmission was commonplace, with multiple introductions into each host species but, with the exception of raccoons, relatively little evidence for onward transmission in nondomestic species.

A Comparison Of Methods For Estimating Raccoon Abundance: Implications For Disease Vaccination Programs, James C. Beasley, William S. Beatty, Todd C. Atwood, Shylo R. Johnson, Olin E. Rhodes Jr.

United States Department of Agriculture Wildlife Services: Staff Publications

Accurate estimates of demographic parameters are critical to the management of wildlife populations, including management programs focused on controlling the spread of zoonotic diseases. Rabies managers in the United States Department of Agriculture (USDA) have applied a simple raccoon (Procyon lotor) abundance index (RAI) based on cumulative catch of unique raccoons per unit area to determine vaccine-bait distribution densities. This approach was designed to allow for both the collection of biological samples and to index raccoon abundance to determine bait densities for oral rabies programs. However, postbaiting surveillance data indicate that, on average, only 30% of raccoons sampled …

Genetic Structure Of A Virginia Opossum (Didelphis Virginiana) Population Inhabiting A Fragmented Agricultural Ecosystem, William S. Beatty, James C. Beasley, Guha Dharmarajan, Olin E. Rhodes Jr.

United States Department of Agriculture Wildlife Services: Staff Publications

Fragmentation has drastically altered the quality of habitats throughout numerous ecosystems, often leading to dramatic changes in the composition of wildlife communities. The ecology and associated movement behavior of a species may also be modified as a result of forest fragmentation, resulting in changes in genetic composition of the affected species. In this research, we evaluated the genetic structure of the Virginia opossum (Didelphis virginiana Kerr, 1792) at the landscape and local scales in a fragmented, agricultural ecosystem in northern Indiana using 13 microsatellite loci. We examined 290 samples from opossums inhabiting 28 discrete habitat patches, and evaluated partitioning …

A Novel Isoflurane Anesthesia Induction System For Raccoons, Kevin T. Bentler, Daniel N. Gossett, J. Jeffrey Root

United States Department of Agriculture Wildlife Services: Staff Publications

We developed a novel small-volume (24-L) conical-shaped isoflurane anesthesia induction chamber for use in a den chamber and tested it along with 3 conventional stand-alone induction chambers (2 clear acrylic plastic chambers and a cylindrical-shaped chamber) to determine utility for daily short-duration manipulations of captive raccoons (Procyon lotor). Although the conventional chambers were valuable, the majority of inductions were performed using the cone chamber in a pen setting. With the novel device, we were able to minimize the need for pre-anesthetic handling of animals and eliminate the need for injectable anesthesia agents. As a result, side effects normally …

Influence Of Forest Structure On The Abundance Of Snowshoe Hares In Western Wyoming, Nathan D. Berg, Eric M. Gese, John Squires, Lise M. Aubry

United States Department of Agriculture Wildlife Services: Staff Publications

Snowshoe hares (Lepus americanus) are a primary prey species for Canada lynx (Lynx canadensis) in western North America. Lynx management plans require knowledge of potential prey distribution and abundance in the western United States. Whether even-aged regenerating forests or multi-storied forests contain more snowshoe hares is currently unknown. During 2006–2008, we estimated snowshoe hare density in 3 classes of 30–70-year-old lodgepole pine (Pinus contorta) and 4 classes of late seral multi-storied forest with a spruce (Picea engelmannii)-fir (Abies lasiocarpa) component in the Bridger-Teton National Forest, Wyoming. We recorded physiographic variables …

Digging Behaviors Of Radio-Tagged Black-Footed Ferrets Near Meeteetse, Wyoming, 1981–1984, Dean E. Biggins, Louis R. Hanebury, Kathleen A. Fagerstone

United States Department of Agriculture Wildlife Services: Staff Publications

Intensive radio-tracking during August–December enabled us to collect detailed information on digging behaviors of a small sample of black-footed ferrets (Mustela nigripes) occupying colonies of white-tailed prairie dogs (Cynomys leucurus). A sample of 33 prairie dogs, also radio-tagged, progressively ceased aboveground activity during late summer and fall, presumably as they descended into burrows to hibernate. Most of the time ferrets spent digging was in November–December when >95% of the radio-tagged prairie dogs were inactive, suggesting that digging was primarily to excavate hibernating prey. Although 43.9% of the burrow openings were estimated to be in large mounds, …

Exploiting Avian Vision With Aircraft Lighting To Reduce Bird Strikes, Bradley F. Blackwelll, Travis L. Devault, Thomas W. Seamans, Steven L. Lima, Patrice Baumhardt, Esteban Fernández-Juricic

United States Department of Agriculture Wildlife Services: Staff Publications

1. Bird–aircraft collisions (bird strikes) represent a substantial safety concern and financial burden to civil aviation world-wide. Despite an increase in the rate of damaging bird strikes, necessary steps to develop a mitigation method outside of the airport environment have not been empirically tested.
2. We assessed whether use of aircraft lighting might enhance detection of and reaction to the approach of an aircraft in flight by Canada geese Branta canadensis Linnaeus, a species responsible for a high rate of damaging bird strikes. We used a novel approach by estimating the visibility to the goose visual system of a standard …

Site-Occupancy Monitoring Of An Ecosystem Indicator: Linking Characteristics Of Riparian Vegetation To Beaver Occurrence, Stewart W. Breck, Michael I. Goldstein, Sanjay Pyare

United States Department of Agriculture Wildlife Services: Staff Publications

Establishment of sampling frameworks to monitor the occurrence of ecological indicators and to identify the covariates that influence occurrence is a high-priority need for natural resource restoration and management efforts. We utilized occupancy modeling to identify patterns of beaver occurrence and factors influencing these patterns (i.e., type and amount of vegetation cover) in the Grand Canyon of the Colorado River ecosystem. We used rafts and kayaks to access a stratified random sample of sites (i.e., 100-m-long sections of riverbank) and used repeated sampling procedures to sample for beaver sign (i.e., lodges, cuttings, tracks, and beaver sightings). We quantified the type …

Colony Connectivity Of Pacific Coast Double-Crested Cormorants Based On Post-Breeding Dispersal From The Region’S Largest Colony, Karen N. Courtot, Daniel D. Roby, Jessica Y. Adkins, Donald E. Lyons, D. Tommy King, R. Scott Larsen

United States Department of Agriculture Wildlife Services: Staff Publications

To reduce conflicts with fish resources, other colonial waterbirds, and damage to habitats, double-crested cormorants (Phalacrocorax auritus) are currently controlled (lethally and non-lethally) throughout much of their range. Concerns are growing over the Pacific Coast’s largest double-crested cormorant colony at East Sand Island (ESI), Oregon near the mouth of the Columbia River, where cormorants forage on juvenile salmonids, many of which are listed under the United States Endangered Species Act. Management of this colony is currently under consideration and may call for a redistribution of a portion of this colony numbering more than 12,000 breeding pairs in 2009. …

Spatial And Temporal Comparisons Of Double-Crested Cormorant Diets Following The Establishment Of Alewife In Lake Champlain, Usa, Robin L. Debruyne, Travis L. Devault, Adam E. Duerr, David E. Capen, Fred E. Pogmore, James R. Jackson, Lars G. Rudstam

United States Department of Agriculture Wildlife Services: Staff Publications

Increasing numbers of double-crested cormorants (Phalacrocorax auritus) on Lake Champlain have caused concerns related to potential impacts on the yellow perch (Perca flavescens) population. However, with the establishment of alewife (Alosa pseudoharengus) in 2003, cormorant foraging may have changed. We examined cormorant diets from four areas of Lake Champlain to assess past, current, and potential future impacts of cormorants on the changing fish community. During the breeding seasons of 2001–2002 and 2008–2009, we observed spatial and temporal differences in cormorant diets. Yellow perch dominated diet composition during 2001–2002 at Young Island (73% and 90% …

Airports Offer Unrealized Potential For Alternative Energy Production, Travis L. Devault, Jerrold L. Belant, Bradley F. Blackwell, James A. Martin, Jason A. Schmidt, Loren Wes Burger Jr, James W. Patterson Jr.

United States Department of Agriculture Wildlife Services: Staff Publications

Scaling up for alternative energy such as solar, wind, and biofuel raises a number of environmental issues, notably changes in land use and adverse effects on wildlife. Airports offer one of the few land uses where reductions in wildlife abundance and habitat quality are necessary and socially acceptable, due to risk of wildlife collisions with aircraft. There are several uncertainties and limitations to establishing alternative energy production at airports, such as ensuring these facilities do not create wildlife attractants or other hazards. However, with careful planning, locating alternative energy projects at airports could help mitigate many of the challenges currently …

Seasonal Variation Of Coyote Diet In Northwestern Wyoming: Implications For Dietary Overlap With Canada Lynx?, Jennifer L. B. Dowd, Eric M. Gese

United States Department of Agriculture Wildlife Services: Staff Publications

Exploitative competition through resource utilization may occur between coyotes (Canis latrans) and other carnivores. In the southern periphery of Canada lynx (Lynx canadensis) range, there is concern that increased snowmobile activity may enable coyotes to increase their movements into deep snow areas during the winter months, thereby potentially creating heightened resource competition with lynx, mainly for the lynx’s main prey, snowshoe hares (Lepus americanus). We studied the seasonal variation of coyote diets and the dietary overlap between coyotes and lynx in a 512-km² high-elevation study area in northwestern Wyoming. Dietary shifts by coyotes …

Ecology And Geography Of Human Monkeypox Case Occurrences Across Africa, Christine K. Ellis, Darin S. Carroll, Ryan R. Lash, A. Townsend Peterson, Inger K. Damon, Jean Malekani, Pierre Formenty

United States Department of Agriculture Wildlife Services: Staff Publications

As ecologic niche modeling (ENM) evolves as a tool in spatial epidemiology and public health, selection of the most appropriate and informative environmental data sets becomes increasingly important. Here, we build on a previous ENM analysis of the potential distribution of human monkeypox in Africa by refining georeferencing criteria and using more-diverse environmental data to identify environmental parameters contributing to monkeypox distributional ecology. Significant environmental variables include annual precipitation, several temperature-related variables, primary productivity, evapotranspiration, soil moisture, and pH. The potential distribution identified with this set of variables was broader than that identified in previous analyses but does not include …

Feral Swine Disturbance At Important Archaeological Sites, Richard M. Engeman, Kathy J. Couturier, Rodney K. Felix Jr., Michael L. Avery

United States Department of Agriculture Wildlife Services: Staff Publications

Feral swine are well known as environmentally destructive invasive animals in many areas around the world, where they degrade native habitats, harm rare plant and animal species, damage agricultural interests, and spread disease. We provide the first quantification of their potential as agents of disturbance at archaeological sites. Our study was conducted in south-central Florida at Avon Park Air Force Range, a base comprising over 40,000 ha and containing many archaeological sites. To determine the identifiable prevalence of feral swine disturbance, we examined 36 sites registered with the Florida State Historic Preservation Office and also eligible for inclusion in the …

Mucosal Adjuvants To Improve Wildlife Rabies Vaccination, Tricia Fry, Kaci K. Vandalen, Jerome Hurley, Paul Nash

United States Department of Agriculture Wildlife Services: Staff Publications

RABORAL V-RGH^®a is a recombinant vaccine used in oral rabies vaccination (ORV) programs for wildlife in the United States. Vaccination rates for raccoons are substantially lower than vaccination rates for gray foxes and coyotes. Research suggests that the low viscosity of the oral vaccine may preclude animals from receiving an effective dose when biting into the vaccine bait delivery system. We evaluated the possibility of using two benign compounds, chitosan and N,N,Ntrimethylated chitosan (TMC), to increase the viscosity of the vaccine and potentially act as adjuvants to improve the immune response in raccoons (Procyon lotor). Forty mildly …

Towards Optimized Population Control Efficiency In Space And Time: A Modelling Framework Adapted To A Colonial Waterbird, Alban Guillaumet, Brian S. Dorr, Guiming Wang

United States Department of Agriculture Wildlife Services: Staff Publications

The double-crested cormorant is a native North American waterbird that recently underwent a dramatic population expansion. Population control efforts in the USA and Canada attempt to mitigate cormorant damages to natural resources and aquaculture. However, there is currently no coordination among the various stakeholders involved in management activities as well as no attempt to optimize population control efficiency. In this paper, we present for the first time a spatially explicit stage-structured metapopulation model parameterized for the cormorant. We developed simulation tools to get insights into the efficiency gain that can be expected from a better planning of management activities in …

Band Encounters Of Wintering European Starlings Captured In Kansas, Nebraska, And Texas, H. Jeffrey Homan, James R. Thiele, Garrett W. Unrein, Shannon M. Gaukler, Anthony A. Slowik, Linda B. Penry, George M. Linz

United States Department of Agriculture Wildlife Services: Staff Publications

European starlings (Sturnus vulgaris) are agricultural and societal pests in the U.S., thus, understanding their migratory behavior is of practical importance to resource managers. We leg-banded starlings and used publicly reported encounters with them to estimate migration distances traveled by wintering populations to reach their reproductive territories. We captured and banded 9,939 starlings at 6 sites between November and February 2005–2010 in 3 states. We banded birds in industrial areas surrounding Omaha, Nebraska, and at cattle feedlots in central Kansas (n = 2) and the Texas Panhandle (n = 3). Banding sites were associated with wintering …

Freshwater Clams As Bioconcentrators Of Avian Influenza Virus In Water, Kathryn P. Huyvaert, Jenny S. Carlson, Kevin T. Bentler, Kacy R. Cobble, Dale L. Nolte, Alan B. Franklin

United States Department of Agriculture Wildlife Services: Staff Publications

We report experimental evidence for bioconcentration of a low-pathogenicity avian influenza virus (H6N8) in the tissue of freshwater clams. Our results support the concept that freshwater clams may provide an effective tool for use in the early detection of influenza A viruses in aquatic environments.

Quantitative Pcr Estimates Angiostrongylus Cantonensis (Rat Lungworm) Infection Levels In Semi-Slugs (Parmarion Martensi), Susan I. Jarvi, Margaret E.M. Farias, Kay Howe, Steven Jacquier, Robert Hollingsworth, William Pitt

United States Department of Agriculture Wildlife Services: Staff Publications

The life cycle of the nematode Angiostrongylus cantonensis involves rats as the definitive host and slugs and snails as intermediate hosts. Humans can become infected upon ingestion of intermediate or paratenic (passive carrier) hosts containing stage L3 A. cantonensis larvae. Here, we report a quantitative PCR (qPCR) assay that provides a reliable, relative measure of parasite load in intermediate hosts. Quantification of the levels of infection of intermediate hosts is critical for determining A. cantonensis intensity on the Island of Hawaii. The identification of high intensity infection ‘hotspots’ will allow for more effective targeted rat and slug control measures. qPCR …