Vegetation Effects on Fish Distribution in Impounded Salt Marshes

We compared the density and biomass of resident fish in vegetated and unvegetated flooded habitats of impounded salt marshes in the northern Indian River Lagoon (IRL) Estuary of east-central Florida. A 1-m2 throw trap was used to sample fish in randomly located, paired sample plots (n = 198 pairs) over 5 seasons in 7 impoundments. We collected a total of 15 fish taxa, and 88% of the fishes we identified from the samples belonged to three species: Cyprinodon variegatus (Sheepshead Minnow), Gambusia holbrooki (Eastern Mosquitofish), and Poecilia latipinna (Sailfin Molly). Vegetated habitat usually had higher density and biomass of fish. Mean fish density (and 95% confidence interval) for vegetated and unvegetated sites were 8.2 (6.7–9.9) and 2.0 (1.6–2.4) individuals m-2, respectively; mean biomass (and 95% confidence interval) for vegetated and unvegetated sites were 3.0 (2.5–3.7) and 1.1 (0.9–1.4) g m-2, respectively. We confirmed previous findings that impounded salt marshes of the northern IRL Estuary produce a high standing stock of resident fishes. Seasonal patterns of abundance were consistent with fish moving between vegetated and unvegetated habitat as water levels changed in the estuary. Differences in density, mean size, and species composition of resident fishes between vegetated and unvegetated habitats have important implications for movement of biomass and nutrients out of salt marsh by piscivores (e.g., wading birds and fishes) via a trophic relay

Scale-Dependent Habitat Selection of Nesting Great Egrets and Snowy Egrets

Foraging habitat selection of nesting Great Egrets ( Ardea alba ) and Snowy Egrets ( Egretta thula ) was investigated within an estuary with extensive impounded salt marsh habitat. Using a geographic information system, available habitat was partitioned into concentric bands at five, ten, and 15 km radius from nesting colonies to assess the relative effects of habitat composition and distance on habitat selection. Snowy Egrets were more likely than Great Egrets to depart colonies and travel to foraging sites in groups, but both species usually arrived at sites that were occupied by other wading birds. Mean flight distances were 6.2 km (SE = 0.4, N = 28, range 1.8-10.7 km) for Great Egrets and 4.7 km (SE = 0.48, N = 31, range 0.7-12.5 km) for Snowy Egrets. At the broadest spatial scale both species used impounded (mostly salt marsh) and estuarine edge habitat more than expected based on availability while avoiding unimpounded (mostly fresh water wetland) habitat. At more local scales habitat use matched availability. Interpretation of habitat preference differed with the types of habitat that were included and the maximum distance that habitat was considered available. These results illustrate that caution is needed when interpreting the results of habitat preference studies when individuals are constrained in their choice of habitats, such as for central place foragers

Energy, Nutrition, and Exercise: An Effort to Prevent Childhood Obesity in Vermont

Childhood obesity is an epidemic in the United States affecting 17% of all children. In Vermont 12.5% of children are obese. This carries increased risk for many health problems and an increased cost of medical care averaging $19,000 per obese child over a lifetime. This project aims to teach children about healthy food choices and exercise.https://scholarworks.uvm.edu/fmclerk/1162/thumbnail.jp

The Unsung Latino Entrepreneurs of Appalachia

The story of Latinos in Appalachia, when told, is dominated by the plight of migrant workers drawn to meat processing factories or agricultural work, with very little attention paid to Latino. entrepreneurship in Appalachia. However, the first generation of migrant workers inspired a surprising collateral entrepreneurial effect: a raft of small businesses owned by (and focused on) the new Latino population surged into small town Appalachia. These businesses, which include restaurants, tiendas, pastelerias, and tortillerias, not only serve the growing Latino population, but also have a tremendously positive effect on local and state economies. These businesses hire employees, rent previously unused commercial space, increase the local demand for goods and services, and provide much-needed tax revenue. The phenomenon of Latino entrepreneurship is an unmitigated positive for small towns that have otherwise experienced great difficulty in producing and promoting small business activity. This Essay will focus on the economic effect of Latino-owned businesses in Appalachia and will conclude with some strategies that might help support these businesses, including providing Spanish translations of local and state business forms (e.g., formation documents, annual reports, etc.), simplifying state business entity and licensing regimes, and changing the requirements for the visa program based upon business investment

Criminalizing Immigrant Entrepreneurs (and Their Lawyers)

To escape the harsh conditions of work in agriculture or food processing plants, many undocumented immigrants turn to entrepreneurship for safer working conditions and better economic prospects. Transactional lawyers often help these entrepreneurs form limited liability companies or worker cooperatives. Unfortunately, this simple act might expose these lawyers to criminal liability. The Immigration Reform and Control Act of 1986 (IRCA) prohibits anyone from encouraging an undocumented person to reside in the United States. This prohibition has been construed to include everything from employing undocumented housekeepers to procuring falsified documents for citizenship applications, and some courts have even suggested that the encouragement restriction can reach legal advice. Although the Third, Fourth, Seventh, and Eleventh Circuits have construed IRCA’s encouragement prohibition in a manner that avoids constitutional issues, the Ninth Circuit’s decision in United States v. Sineneng-Smith found IRCA’s encouragement prohibition unconstitutionally overbroad under the First Amendment. This Article argues that the courts that upheld the prohibition rewrote the statute, usurped the legislative authority of Congress, and ignored the chilling effect this statute has on wide swaths of protected and socially productive speech. On the other hand, the Ninth Circuit’s decision signaled to lawyers and immigrant advocates that providing comfort, inspiration, or other forms of encouragement to undocumented people (including legal advice) will not be treated as a felony. By refusing to rewrite the statute, the Ninth Circuit’s decision not only respects Congress’s legislative authority, but it also represents sound policy by supporting undocumented entrepreneurship—a boon to the entrepreneur, the entrepreneur’s family, and federal, state, and local economies

Unregulated Charity

The vast majority of charities in the United States operate in a regulatory blind spot: they are neither meaningfully evaluated when they apply for charitable status nor substantively monitored after they receive charitable status. Driven by severe budget constraints, the IRS decided to essentially ignore any charity that claims it will realize less than $50,000 in annual gross receipts. From a practical perspective, the IRS’s decision makes sense. To the extent smaller charities are less likely to cause harm, it is reasonable (perhaps even preferable) to subject them to less scrutiny. This type of prioritization, known as risk-based regulation, has become increasingly popular as regulatory budgets have continued to shrink. But however intuitive, reasonable, or widespread risk-based regulation may seem, the fact remains that the IRS has effectively absolved itself of its duty to oversee the majority of charities. This Article explores, on both a micro- and macro-level, the negative consequences of the IRS’s decision to leave smaller charities unregulated. On the micro-level, the lack of regulation impacts virtually every person who interacts with the charitable sector, including donors, beneficiaries of charities, and private actors in the market. On the macro-level, as an increasing number of charities operate without proper regulation, the public will lose faith in the charitable sector and the “halo effect” enjoyed by all charitable organizations will erode. This Article is the first to identify and discuss the harms associated with the IRS’s failure to apply either front-end or back-end scrutiny to smaller charities. To address this regulatory failure, this Article argues that the IRS should require a more robust retrospective regulatory tool for all charities, regardless of size. This solution represents a cost-effective means for the IRS to meet its regulatory burden in a manner that will help restore public faith in the charitable sector

The Perils of Philanthrocapitalism

For over a century, philosophers, politicians, and sociologists have bemoaned philanthropy’s inherent antidemocratic, paternalistic, and amateuristic aspects. The antidemocratic nature of philanthropy is self-evident: When a wealthy person determines the best way to address a societal problem without the input of either society at large or the intended beneficiaries of the philanthropy, the result is a deficit of democracy. Philanthropy’s amateurism stems from the illogical belief that wealthy individuals ought to address some of the world’s most complex and intransigent problems simply because they successfully amassed a fortune in the private sector. The paternalism critique focuses on the assumption that many of society’s problems are born out of the personality faults of charity beneficiaries. Because most philanthropists formed private foundations to conduct their charitable work, the regime that regulates private foundations evolved to mitigate the three aforementioned negatives: antidemocracy, paternalism, and amateurism. More specifically, the law requires private foundations to avoid political activity, spend a certain percentage of funds in a charitable manner, and submit extensive annual reports. In this manner, the legal regime struck a palatable balance between philanthropy’s inherent negative aspects and philanthropy’s obvious positives. However, the recent trend of philanthropists conducting charity through for-profit vehicles, such as limited liability companies (“LLCs”), effectively bypasses the restrictions placed upon private foundations. This Article will discuss each of the traditional critiques of philanthropy and explore how they are exacerbated when philanthropic efforts are shifted to LLCs. Ultimately, this Article will argue that philanthropy conducted through LLCs will undoubtedly be less democratic, more amateuristic, and more paternalistic than philanthropy conducted through private foundations. This Article will conclude with some thoughts concerning several potential solutions to the problem, including the adjustment of incentives for private foundations and LLCs, imposing a regulatory regime over philanthropic activity, extending existing licensing regimes to apply to certain philanthropic activity, and the potential of a social license to conduct philanthropy

A Rational Approach to Business Entity Choice

This Article reinvigorates the entity rationalization movement and will ultimately argue that there are only three necessary entity options: corporations, partnerships, and nonprofit organizations. Part I defines the issue of entity proliferation and, along with the Appendix, presents a state-by-state analysis of the types of legal entities available, an endeavor that has not yet been conducted. The Appendix contains a chart that enumerates each legal entity available in each of the fifty states and the District of Columbia. Part II discusses the problems associated with entity proliferation from the perspective of the public, potential business owners, small business attorneys, and judges. Part III discusses the necessity and utility of several of these entities and ultimately argues for entity rationalization and dictating the steps necessary to address the issues