Influence of Chinese Tallow Infestation on Winter Bird Community along Lanana Creek Basin

Exotic invasive plant species are among the greatest threats to biodiversity and persistence of rare wildlife species in the United States. These plants compete with native plants, causing extinctions or severe reductions in native populations. They may also affect wildlife through loss of preferred food items or changes in vegetation structure. Chinese tallow tree (Triadeca sebifera) is one of the most important and widespread exotic plants in the Southeast. Although impacts of Chinese tallow on vegetation communities are well studied, impacts on native wildlife are less well understood. This study explored the interaction between native wildlife and Chinese tallow infestation in the Lanana Creek basin in Nacogdoches, TX

Protecting Children in Nontraditional Families: Second Parent Adoptions in Washington

Most adults take for granted their right, through marriage and adoption, to legally protect their relationship with children. A substantial segment of adults, however, cannot take this right for granted. In some states these individuals are denied the right to have a legal relationship with their partners\u27 children because they are lesbians. The rights and needs of children in these nontraditional families could be recognized through second parent adoptions. In essence, a second parent adoption is the adoption of a child by the partner of the child\u27s natural or legal parent. For example, suppose a lesbian couple, Emily and Lynn, decide to have a child. Emily conceives the child through artificial insemination. Lynn, the nonbirth parent, then petitions the court to adopt Emily\u27s child and the court grants this adoption without terminating Emily\u27s parental rights. The child then has two legal parents through the second parent adoption process

HAZARDOUS SUBSTANCES, CERCLA, AND NANOPARTICLES – CAN THE THREE BE RECONCILED?

Toxicology research in the nanotechnology area has focused primarily on human inhalation, ingestion or dermal exposure. Less research has been published on the impact to ecological systems resulting from a release of nanomaterials. Environmental laws such as CERCLA (“Superfund”) address the release of “hazardous substances” by obligating the party releasing the substance to (a) report the release and (b) investigate the nature and extent of the release and to then remediate it to some objective cleanup standard. Applying this regime to the release of nanomaterials, however, is complicated. First, is the nanomaterial a hazardous waste, toxic substance, or hazardous substance as defined under the environmental laws? A compound that may be defined as hazardous or toxic could have properties at the nano level that are distinctly non-hazardous. Second, what constitutes a release of a nanoparticle that would require reporting under applicable environmental laws? Typically, release reporting is based upon the weight of the hazardous substance that is released, but for nanomaterials a weight threshold might be meaningless. Third, how do you sample nanoparticles in the field and analyze them using existing instrumentation? There are few approved tests for nanomaterials. Fourth, how do you determine an objective risk-based cleanup standard for the thousands of possible nanomaterials

Applying the Americans with Disabilities Act to Private Websites after \u3ci\u3eNational Federation of the Blind v. Target\u3c/i\u3e

The United States District Court for the Northern District of California recently held that websites which are tightly integrated with a physical store must be accessible to the blind, or risk running afoul of the Americans with Disabilities Act (“ADA”). The court in this case, National Federation of the Blind v. Target (“Target”), declined to grant summary judgment for Target, a retailer which operates both physical stores and an e-commerce website, in a suit alleging that Target’s website, Target.com, was discriminating against the blind. This Article will describe the narrow application of Target, which found that websites which are tightly integrated with a physical store must be accessible to the blind to comply with the ADA. This Article also discusses the uncertainties this case leaves unanswered, such as at what point a business’ web presence becomes subject to this ruling and is required to be accessible to the blind. Finally, this Article will explore arguments about how the ADA may apply to pure e-commerce sites as well

FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing

In Aspex Eyewear v. Miracle Optics, a patent infringement claim was initially dismissed because the court found that the parties bringing suit, a patentee and a patent sub-licensee, lacked standing because although the patentee had given all substantial rights to a licensee, the sub-licensee’s license did not convey “all substantial rights.” Thus, neither party had “all substantial rights,” the traditional threshold test for patent licensee standing. While the Federal Circuit ultimately reversed and allowed the suit to go forward, the case demonstrates how the current patent standing rule only magnifies the expense of litigating an infringement suit by requiring additional resources for debating “all substantial rights.” This Article analyzes the current standing rules for licensees of intellectual property under the various federal intellectual property statutes. In general, exclusive licensees have standing to sue, either alone or by joining the licensor. Although the fundamental motivation for this rule is sound, the rule can be unnecessarily rigid as applied and can prevent licensing arrangements from reflecting the intent of the parties. This article will also analyze FRCP 19’s approach, which provides a more flexible and predictable rule

The Role of Frugivorous Birds as Seed Dispersers: Feeding Selection and Preference of Madagascar’s Avian Frugivores in Analamazaotra Forest

Madagascar is a country rich in floral and faunal diversity. However, anthropogenic habitat destruction and climate change increasingly threaten its biodiversity. Endozoochorous plants that dependent on frugivory for seed dispersal are under threat due to increasing rates of localized extinctions of frugivorous lemurs, the primary seed dispersers of the island. While lemurs are the islands most abundant frugivores, other frugivorous vertebrates like birds and bats likely play a significant role in seed dispersal, although this role is still poorly understood. This study, conducted in Analamazaotra forest, compares the rates of visitation and consumption of six endemic fruiting tree species by avian frugivores. Of the six plants, three were observed to have fruits taken (Ficus sp., Gastonia duplicata, and Ocotea cymosa). Two frugivorous birds were observed to take fruits, the Madagascar bulbul (Hypsipetes madagascariensis) and the velvet asity (Philepitta castanea). H. madagascariensis took fruits from O. cymosa and Ficus sp., while P. castanea took fruits from G. duplicata. The results of this study also showed a separation in the foraging strata preferred by each frugivorous bird species. This separation can potentially be explained by nichification of feeding behavior as a method of avoiding interspecies competition for resources

Leadership Rounding: Improving Frontline Nurse Satisfaction

The amount of time nurse managers and senior leadership spend with frontline or bedside staff impacts their ability to empower, engage and retain staff. Improving nurse satisfaction in relationship to teamwork, perception of senior leadership and attitude about direct management should be a priority of all organizations. Leaders that recognize the power of an intergenerational and interdisciplinary workforce will be influential for dynamic change and visionary development. Advancing overall teamwork as a nursing department, developing a better rapport with senior leadership and improving the relationship between direct management and front-line nurses is in the best interest of patient care

Protecting Children in Nontraditional Families: Second Parent Adoptions in Washington

Most adults take for granted their right, through marriage and adoption, to legally protect their relationship with children. A substantial segment of adults, however, cannot take this right for granted. In some states these individuals are denied the right to have a legal relationship with their partners\u27 children because they are lesbians. The rights and needs of children in these nontraditional families could be recognized through second parent adoptions. In essence, a second parent adoption is the adoption of a child by the partner of the child\u27s natural or legal parent. For example, suppose a lesbian couple, Emily and Lynn, decide to have a child. Emily conceives the child through artificial insemination. Lynn, the nonbirth parent, then petitions the court to adopt Emily\u27s child and the court grants this adoption without terminating Emily\u27s parental rights. The child then has two legal parents through the second parent adoption process

Recording Angels: Examining Female Narrators in Vampire Fiction and Film

Authors of vampire fiction often grapple with the shifting gender norms of the late nineteenth century. They explore these shifting tensions through the creation of complex narrative structures, some of which incorporate female narrators. By making these women narrators, these authors carefully consider female perspectives and the authority women can wield, both as narrators in their respective texts, and as women in late nineteenth-century British society who were confined to rigid gender roles. The narrative tension that arises between the narrator and the text then allows these authors to use literature to explore and theorize about broader societal tensions. This thesis examines Joseph Sheridan Le Fanu’s novella Carmilla (1872), Bram Stoker’s novel Dracula (1897), F.W. Murnau’s film Nosferatu (1922), and Werner Herzog’s remake Nosferatu the Vampyre (1979). These texts and films explore the female perspective, granting these women authority or denying them a voice to challenge the gender norms to which women were confined. While the women of vampire fiction have often been analyzed to determine what Gothic roles they conform to, much less attention has been paid to the role these women play as the writers and editors of their own stories. When these narrative roles are taken into consideration, we can better understand these complex women and the roles they play

Geographical Indications in China: Why Protect GIS with Both Trademark and OAC-Type Legislation?

Geographical indications identify the place of origin of a good and signify a distinctive quality, reputation, or other characteristic of the good that is essentially attributable to that geographic source. Besides serving as source-identifiers and guarantees of quality, they are valuable business interests. Consequently, World Trade Organization members are required to afford them protection under the Agreement on Trade Related Aspects of Intellectual Property Rights. Signatories are free to choose the legal means by which they comply with TRIPS. While a few states rely solely on unfair competition law to meet their obligations, most primarily rely on either trademark law or GI-specific laws often modeled on the appellation of controlled origin (“AOC”) system first developed by France. The People’s Republic of China utilizes both trademark law and GI-specific legislation. China would benefit from abandoning its AOC-type system of GI protection. Protecting GIs with both of the world’s primary protection systems generates uncertainty and conflict; the hierarchy of rights granted by the two systems is unclear. China’s AOC-type system of GI protection does not confer benefits beyond those provided by its trademark-based system of protection. China’s trademark-based system is not perfect, but it satisfies China’s international GI-protection obligations, better reflects the motivations behind China’s recent amendments to its intellectual property laws, and better serves China’s current economic and legal goals