Troubles with Hiibel: How the Court Inverted the Relationship between Citizens and the State

This essay shows why the Supreme Court’s decision in Hiibel v. Sixth Judicial District of Nevada violates precedent, the Constitution, and the very basis for the relationship between government and the governed. First, the Court has violated the clear limits Terry v. Ohio set on the restricted searches based on reasonable suspicion within the restrictions of the Fourth and Fifth Amendments. By using the power of the state to compel citizens to produce identification, it also violates the First, Fourth, and Fifth Amendments as well as the unenumerated rights that conceptually link the enumerated rights in the Court’s jurisprudence. Finally, this country was founded on the belief that government has to justify itself to the citizens, and the Hiibel decision inverts this relationship. To rectify these transgressions, we argue that the Court should return to the bright-line rule articulated in Terry: The officer may ask; the suspect may remain silent

Split-domain calibration of an ecosystem model using satellite ocean colour data

The application of satellite ocean colour data to the calibration of plankton ecosystem models for large geographic domains, over which their ideal parameters cannot be assumed to be invariant, is investigated. A method is presented for seeking the number and geographic scope of parameter sets which allows the best fit to validation data to be achieved. These are independent data not used in the parameter estimation process. The goodness-of-fit of the optimally calibrated model to the validation data is an objective measure of merit for the model, together with its external forcing data. Importantly, this is a statistic which can be used for comparative evaluation of different models. The method makes use of observations from multiple locations, referred to as stations, distributed across the geographic domain. It relies on a technique for finding groups of stations which can be aggregated for parameter estimation purposes with minimal increase in the resulting misfit between model and observations.The results of testing this split-domain calibration method for a simple zero dimensional model, using observations from 30 stations in the North Atlantic, are presented. The stations are divided into separate calibration and validation sets. One year of ocean colour data from each station were used in conjunction with a climatological estimate of the station’s annual nitrate maximum. The results demonstrate the practical utility of the method and imply that an optimal fit of the model to the validation data would be given by two parameter sets. The corresponding division of the North Atlantic domain into two provinces allows a misfit-based cost to be achieved which is 25% lower than that for the single parameter set obtained using all of the calibration stations. In general, parameters are poorly constrained, contributing to a high degree of uncertainty in model output for unobserved variables. This suggests that limited progress towards a definitive model calibration can be made without including other types of observations

Modeling dimethylsulphide production in the upper ocean

Dimethylsulphide (DMS) is produced by upper ocean ecosystems and emitted to the atmosphere, where it may have an important role in climate regulation. Several attempts to quantify the role of DMS in climate change have been undertaken in modeling studies. We examine a model of biogenic DMS production and describe its endogenous dynamics and sensitivities. We extend the model to develop a one-dimensional version that more accurately resolves the important processes of the mixed layer in determining the ecosystem dynamics. Comparisons of the results of the one-dimensional model with an empirical relationship that describes the global distribution of DMS, and also with vertical profiles of DMS in the upper ocean measured at the Bermuda Atlantic Time Series, suggest that the model represents the interaction between the biological and physical processes well on local and global scales. Our analysis of the model confirms its veracity and provides insights into the important processes determining DMS concentration in the oceans

Tracking seasonal changes in North Sea zooplankton trophic dynamics using stable isotopes

Trophodynamics of meso-zooplankton in the North Sea (NS) were assessed at a site in the southern NS, and at a shallow and a deep site in the central NS. Offshore and neritic species from different ecological niches, including Calanus spp., Temora spp. and Sagitta spp., were collected during seven cruises over 14 months from 2007 to 2008. Bulk stable isotope (SI) analysis, phospholipid-derived fatty acid (PLFA) compositions, and δ 13CPLFA data of meso-zooplankton and particulate organic matter (POM) were used to describe changes in zooplankton relative trophic positions (RTPs) and trophodynamics. The aim of the study was to test the hypothesis that the RTPs of zooplankton in the North Sea vary spatially and seasonally, in response to hydrographic variability, with the microbial food web playing an important role at times. Zooplankton RTPs tended to be higher during winter and lower during the phytoplankton bloom in spring. RTPs were highest for predators such as Sagitta sp. and Calanus helgolandicus and lowest for small copepods such as Pseudocalanus elongatus and zoea larvae (Brachyura). δ 15NPOM-based RTPs were only moderate surrogates for animals’ ecological niches, because of the plasticity in source materials from the herbivorous and the microbial loop food web. Common (16:0) and essential (eicosapentaenoic acid, EPA and docosahexaenoic acid, DHA) structural lipids showed relatively constant abundances. This could be explained by incorporation of PLFAs with δ 13C signatures which followed seasonal changes in bulk δ 13CPOM and PLFA δ 13CPOM signatures. This study highlighted the complementarity of three biogeochemical approaches for trophodynamic studies and substantiated conceptual views of size-based food web analysis, in which small individuals of large species may be functionally equivalent to large individuals of small species. Seasonal and spatial variability was also important in altering the relative importance of the herbivorous and microbial food webs

From Sea to Sea: Canada's Three Oceans of Biodiversity

Evaluating and understanding biodiversity in marine ecosystems are both necessary and challenging for conservation. This paper compiles and summarizes current knowledge of the diversity of marine taxa in Canada's three oceans while recognizing that this compilation is incomplete and will change in the future. That Canada has the longest coastline in the world and incorporates distinctly different biogeographic provinces and ecoregions (e.g., temperate through ice-covered areas) constrains this analysis. The taxonomic groups presented here include microbes, phytoplankton, macroalgae, zooplankton, benthic infauna, fishes, and marine mammals. The minimum number of species or taxa compiled here is 15,988 for the three Canadian oceans. However, this number clearly underestimates in several ways the total number of taxa present. First, there are significant gaps in the published literature. Second, the diversity of many habitats has not been compiled for all taxonomic groups (e.g., intertidal rocky shores, deep sea), and data compilations are based on short-term, directed research programs or longer-term monitoring activities with limited spatial resolution. Third, the biodiversity of large organisms is well known, but this is not true of smaller organisms. Finally, the greatest constraint on this summary is the willingness and capacity of those who collected the data to make it available to those interested in biodiversity meta-analyses. Confirmation of identities and intercomparison of studies are also constrained by the disturbing rate of decline in the number of taxonomists and systematists specializing on marine taxa in Canada. This decline is mostly the result of retirements of current specialists and to a lack of training and employment opportunities for new ones. Considering the difficulties encountered in compiling an overview of biogeographic data and the diversity of species or taxa in Canada's three oceans, this synthesis is intended to serve as a biodiversity baseline for a new program on marine biodiversity, the Canadian Healthy Ocean Network. A major effort needs to be undertaken to establish a complete baseline of Canadian marine biodiversity of all taxonomic groups, especially if we are to understand and conserve this part of Canada's natural heritage

Evaluation of operational ocean forecasting systems from the perspective of the users and the experts

The Intergovernmental Oceanographic Commission (IOC) has an Ocean Decade Implementation Plan (UNESCO-IOC, 2021) that states seven outcomes required for the ocean we want, with the fourth outcome being “A predicted ocean where society understands and can respond to changing ocean conditions.” To facilitate the achievement of this goal, the IOC has endorsed Mercator Ocean International to implement the Decade Collaborative Center (DCC) for OceanPrediction (https://www.mercator-ocean.eu/oceanprediction/, last access: 21 August 2023), which is a cross-cutting structure that will work to develop global-scale collaboration between Decade Actions related to ocean prediction

Observations of the impenetrable barrier, the plasmapause, and the VLF bubble during the 17 March 2015 storm

Van Allen Probes observations during the 17 March 2015 major geomagnetic storm strongly suggest that VLF transmitter-induced waves play an important role in sculpting the earthward extent of outer zone MeV electrons. A magnetically confined bubble of very low frequency (VLF) wave emissions of terrestrial, human-produced origin surrounds the Earth. The outer limit of the VLF bubble closely matches the position of an apparent barrier to the inward extent of multi-MeV radiation belt electrons near 2.8 Earth radii. When the VLF transmitter signals extend beyond the eroded plasmapause, electron loss processes set up near the outer extent of the VLF bubble create an earthward limit to the region of local acceleration near L = 2.8 as MeV electrons are scattered into the atmospheric loss cone.United States. National Aeronautics and Space Administration (contract NAS5-01072

A neoproterozoic transition in the marine nitrogen cycle

SummaryThe Neoproterozoic (1000–542 million years ago, Mya) was characterized by profound global environmental and evolutionary changes, not least of which included a major rise in atmospheric oxygen concentrations [1, 2], extreme climatic fluctuations and global-scale glaciation [3], and the emergence of metazoan life in the oceans [4, 5]. We present here phylogenomic (135 proteins and two ribosomal RNAs, SSU and LSU) and relaxed molecular clock (SSU, LSU, and rpoC1) analyses that identify this interval as a key transition in the marine nitrogen cycle. Specifically, we identify the Cryogenian (850–635 Mya) as heralding the first appearance of both marine planktonic unicellular nitrogen-fixing cyanobacteria and non-nitrogen-fixing picocyanobacteria (Synechococcus and Prochlorococcus [6]). Our findings are consistent with the existence of open-ocean environmental conditions earlier in the Proterozoic adverse to nitrogen-fixers and their evolution—specifically, insufficient availability of molybdenum and vanadium, elements essential to the production of high-yielding nitrogenases. As these elements became more abundant during the Cryogenian [7, 8], both nitrogen-fixing cyanobacteria and planktonic picocyanobacteria diversified. The subsequent emergence of a strong biological pump in the ocean implied by our evolutionary reconstruction may help in explaining increased oxygenation of the Earth’s surface at this time, as well as tendency for glaciation