The Electronic Document Retention System Ate My Homework: Gross Negligence and the Rebuttable Presumption of Prejudice within the Doctrine of Spoliation in Federal Courts

(Excerpt) This Note argues against imposing such a rebuttable presumption where the spoliating party acted with gross negligence. Part I provides a general background of the doctrine of spoliation and its application to electronic information. Part II examines the three different approaches taken by the federal circuits to whether gross negligence should trigger a rebuttable presumption that the spoliated evidence was prejudicial to the spoliating party. Finally, Part III argues that courts should not allow gross negligence to trigger a rebuttable presumption that the spoliated evidence was prejudicial to the spoliating party

The Tillamook County Coastal Futures Project : Exploring alternative scenarios for Tillamook County’s coastline

This report assesses climate change impacts and associated community and ecosystem vulnerability. It was compiled by a group of Oregon State University researchers and students, outreach specialists, and coastal community members in Tillamook County, Oregon (OR). Through sustained engagement with the Tillamook County Coastal Futures Knowledge to Action Network (TCCF KTAN), a suite of alternative scenarios for exploring adaptation strategies for reducing vulnerability to coastal hazards based on a variety of drivers of change was developed. These alternative scenarios were explored using Envision, a spatially explicit multi-agent modeling platform supporting scenario-based planning to examine interactions between the coupled human and natural coastal system. At its foundation is the identification of key stakeholder desires and outcomes for the future of the coastal shore (e.g., access to the beach, resilient infrastructure, etc.). These self-expressed outcomes are the orienting principle of this KTAN driven process. Probabilistic simulations of extreme total water levels, long-term coastal change, and storm-induced dune erosion along the shoreline allowed the group to represent the variable impacts of SLR, wave climate, and the El Niño Southern Oscillation in a range of climate change scenarios through the end of the century. Additionally, researchers explored a range of alternative futures related to policy decisions and socioeconomic trends using input from KTAN participants. The impact of both policy scenarios and climate change scenarios on a range of participant defined metrics were quantified. In some scenarios, model results suggest severe reductions in beach accessibility (one metric highly valued by the TCCF KTAN) by the end of century, due to the cumulative placement of riprap backshore protection structures. Flooding and erosion to coastal buildings and infrastructure also increases on a variety of scales depending on the types of policies implemented. In general, human decisions introduced greater variability and uncertainty to the impacts to the landscape by coastal hazards than climate change uncertainty

The importance of the altricial – precocial spectrum for social complexity in mammals and birds:A review

Various types of long-term stable relationships that individuals uphold, including cooperation and competition between group members, define social complexity in vertebrates. Numerous life history, physiological and cognitive traits have been shown to affect, or to be affected by, such social relationships. As such, differences in developmental modes, i.e. the ‘altricial-precocial’ spectrum, may play an important role in understanding the interspecific variation in occurrence of social interactions, but to what extent this is the case is unclear because the role of the developmental mode has not been studied directly in across-species studies of sociality. In other words, although there are studies on the effects of developmental mode on brain size, on the effects of brain size on cognition, and on the effects of cognition on social complexity, there are no studies directly investigating the link between developmental mode and social complexity. This is surprising because developmental differences play a significant role in the evolution of, for example, brain size, which is in turn considered an essential building block with respect to social complexity. Here, we compiled an overview of studies on various aspects of the complexity of social systems in altricial and precocial mammals and birds. Although systematic studies are scarce and do not allow for a quantitative comparison, we show that several forms of social relationships and cognitive abilities occur in species along the entire developmental spectrum. Based on the existing evidence it seems that differences in developmental modes play a minor role in whether or not individuals or species are able to meet the cognitive capabilities and requirements for maintaining complex social relationships. Given the scarcity of comparative studies and potential subtle differences, however, we suggest that future studies should consider developmental differences to determine whether our finding is general or whether some of the vast variation in social complexity across species can be explained by developmental mode. This would allow a more detailed assessment of the relative importance of developmental mode in the evolution of vertebrate social systems

The Electronic Document Retention System Ate My Homework: Gross Negligence and the Rebuttable Presumption of Prejudice within the Doctrine of Spoliation in Federal Courts

(Excerpt) This Note argues against imposing such a rebuttable presumption where the spoliating party acted with gross negligence. Part I provides a general background of the doctrine of spoliation and its application to electronic information. Part II examines the three different approaches taken by the federal circuits to whether gross negligence should trigger a rebuttable presumption that the spoliated evidence was prejudicial to the spoliating party. Finally, Part III argues that courts should not allow gross negligence to trigger a rebuttable presumption that the spoliated evidence was prejudicial to the spoliating party

A Tale of Two Counties : Exploring Co-Produced Coastal Adaptation Strategies in Tillamook County, OR and Grays Harbor County, WA

Coastal communities throughout the US West Coast and elsewhere are facing the daunting task of preparing for climate change impacts, particularly the hazards from increased flooding and erosion. With sea-level rise, changing storminess patterns, and possible changes to the frequency and severity of major El Niño events, communities are already implementing emergency responses in order to protect infrastructure, beach access, and property. Recent studies show that despite the vast information available on coastal hazards and expected risks, few coastal adaptation plans with long-term climate change planning have been successfully implemented. Most likely, this lack of implementation is due to a disconnect between scientists and decision-makers; despite the availability of relevant science and tools, local decision-makers are burdened by not only deciphering the scientific information but also executing complex and costly coastal adaptation strategies without clear quantitative analysis at a regional level. Our approach to increasing the usability of coastal adaptation planning is to co-develop decision-support tools with ‘Knowledge to Action Networks’ (KTANs) and use Envision, a multi agent-based framework for modeling alternative futures. In this thesis, we review the co-produced coastal adaptation policies being explored by KTANs in both Tillamook County, OR and Grays Harbor County, WA, two regions of the US West Coast that have experienced vastly different coastal evolution in the last few decades and therefore have significant differences in their exposure to coastal flood and erosion hazards. We examine how variations in local priorities drive the co-development of different policies and policy scenario narratives across the two locations, and how metrics of importance to local stakeholders (e.g., the number of buildings impacted by flooding) change over time under different climate and policy scenarios. We also explore the scalability of this approach, and provide recommendations for continuing to utilize the co-developed alternative futures process. By collaborating with regional decision-makers on the project from the beginning, this work aims to co-develop usable, quantitative information and alternative adaptation policy scenarios for local communities that will promote coastal hazard resilience

Vocal activities reflect the temporal distribution of bottlenose dolphin social and non-social activity in a zoological park

International audienceUnder natural conditions bottlenose dolphins (Tursiops truncatus) spend their time mostly feeding and then travelling, socializing, or resting. These activities are not randomly distributed, with feeding being higher in early morning and late afternoon. Social activities and vocal behavior seem to be very important in dolphin daily activity. This study aimed to describe the activity time-budget and its relation to vocal behavior for dolphins in a zoological park. We recorded behaviors and vocalizations of six dolphins over 2 months. All subjects performed more non-agonistic social interactions and play in the morning than in the afternoon. The different categories of vocalizations were distributed non-randomly throughout the day, with more chirps in the afternoon, when the animals were “less social.” The most striking result was the strong correlation between activities and the categories of vocalizations produced. The results confirm the association between burst pulses and whistles with social activities, but also reveal that both are also associated with solitary play. More chirps were produced when dolphins were engaged in socio-sexual behaviors, emphasizing the need for further questioning about the function of this vocal category. This study reveals that: (i) in a group kept in zoological management, social activities are mostly present in the morning; and (ii) the acoustic signals produced by dolphins may give a reliable representation of their current activities. While more studies on the context of signal production are needed, our findings provide a useful tool for understanding free ranging dolphin behavior when they are not visible