Attorneys as State Actors: A State Action Model and Argument for Holding SLAPP-Plaintiffs\u27 Attorneys Liable under 42 U.S.C. 1983

Strategic Litigation Against Public Participation ( SLAPP ) is a recently identified genre of intimidation suit that menaces citizen activism on matters of public concern. The problem with SLAPPs is that their success is not contingent on victory in court; they begin achieving their purpose the moment suit is filed. This Note reviews SLAPPs and defenses and deterrents to SLAPPs. It proposes an additional deterrent to SLAPPs: applying 42 U.S.C. § 1983 to SLAPP-plaintiffs\u27 attorneys. Because section 1983 requires deprivation of civil rights under color of law, this Note explores whether and when attorneys are state actors and proposes a model to harmonize the United States Supreme Court\u27s cases on that subject. Under certain circumstances, attorneys are state actors who can be liable under section 1983

DEVELOPING FLEXIBLE ECONOMIC THRESHOLDS FOR PEST MANAGEMENT USING DYNAMIC PROGRAMMING

The rice stink bug is a major pest of rice in Texas, causing quality related damage. The previous threshold used for assisting in rice stink bug spray decisions lacked flexibility in economic and production decision variables and neglected the dynamics of the pest population. Using stochastic dynamic programming, flexible economic thresholds for the rice stink bug were generated. The new thresholds offer several advantages over the old, static thresholds, including increased net returns, incorporation of pest dynamics, user flexibility, ease of implementation, and a systematic process for updating.Economic thresholds, Dynamic programming, Pest management, Rice, Crop Production/Industries,

The Effects of Fish Trap Mesh Size on Reef Fish Catch off Southeastern Florida

Catch and mesh selectivity of wire-meshed fish traps were tested for eleven different mesh sizes ranging from 13 X 13 mm (0.5 x 0.5") to 76 x 152 mm (3 X 6"). A total of 1,810 fish (757 kg) representing 85 species and 28 families were captured during 330 trap hauls off southeastern Florida from December 1986 to July 1988. Mesh size significantly affected catches. The 1.5" hexagonal mesh caught the most fish by number, weight, and value. Catches tended to decline as meshes got smaller or larger. Individual fish size increased with larger meshes. Laboratory mesh retention experiments showed relationships between mesh shape and size and individual retention for snapper (Lutjanidae), grouper (Serranidae), jack (Carangidae), porgy (Sparidae), and surgeonfish (Acanthuridae). These relationships may be used to predict the effect of mesh sizes on catch rates. Because mesh size and shape greatly influenced catchability, regulating mesh size may provide a useful basis for managing the commercial trap fishery

Effective Use of Case Studies in the MIS Capstone Course through Semi-Formal Collaborative Teaching

This paper provides the theoretical grounding for the development of an instrument to assess the effectiveness of the case study approach in teaching the higher-level concepts associated with the MIS capstone course. The instrument was administered to students in the capstone class over three semesters. The resulting findings from the survey, combined with an understanding of each instructor’s approach to teaching case studies are then used collaboratively by the instructors as a means to identify strengths and areas for improvement. Items in the survey were developed from applicable prior research on teaching and learning and collaborative teaching. Responses to the survey items were subjected to an exploratory factor analysis, resulting in two dimensions of interest – teaching substance and teaching technique. The results of the survey indicate widespread satisfaction by students with the case study approach

The Care Programme Approach and the end of indefinitely renewable Leave of Absence in Scotland

ObjectiveTo consider the relationship between the restriction of leave of absence (LOA) to 12 months, the introduction of community care orders (CCOs) and the implementation of the Care Programme Approach (CPA).DesignMultiple methods were employed: scrutiny of Mental Welfare Commission for Scotland (MWC) records; questionnaire to consultant psychiatrists and mental health officers (MHOs) regarding attitudes; survey of psychiatrists in respect of outcomes for named patients.SettingScotlandSubjectsTwo hundred and sixty six patients who were affected by the changes introduced by the Mental Health (Patients in the Community) Act 1995.ResultsInformation was available for 195 (73%) patients in relation to CPA. Of these 113 (58%) were included on CPA and for 63/113 (56%) (63/195 (32%)) CPA was considered to have enhanced patient care.Where CPA was considered useful it was because it was seen as bringing people together, enhancing the patient’s role in treatment and managing difficult situations. Negative comments regarding CPA were that it was unnecessary as the patient’s needs were straightforward, it duplicated current practices or it was too bureaucratic.ConclusionsDespite concerns expressed by professionals about the restriction to LOA and the guidance that patients should be on CPA, for only a minority of patients was CPA described as enhancing care. Questions are raised about the low use of CCOs and CPA by psychiatrists for patients who reached the new limits of LOA

Optical Flameout Detector

A device has been developed which monitors the presence of a flame within a combustion chamber. The optical flameout detection system responds to gross changes in combustor light intensity which is monitored in two spectral bands. A photomultiplier tube makes optical measurements in the ultraviolet portion of the spectrum and a silicon photodiode covers the visible region. The detectors, located outside the combustion chamber, receive the light energy radiated from the combustion process through fiber optic probes designed to operate in a high pressure environment. The optical fibers are aimed diagonally through the center of the injector at the combustion chamber wall downstream of the injector. The probe observes events occurring within a narrow conical-shaped field of view so that the system can quickly detect longitudinal movement of the flame front away from the injector. If a change in intensity of the flame is detected, the fuel supply to the combustion chamber is shut off limiting the amount of unburned fuel in the combustion chamber which could reignite

Power characteristics of fuels for aircraft engines

Report presents the summation of results obtained in the testing of fuels of various compositions and characteristics in the altitude laboratory. The data upon which this report is based has had an important influence upon the writing of specifications for the various grades of aviation fuels

Searching for a signal: Environmental DNA (eDNA) for the detection of invasive signal crayfish, Pacifastacus leniusculus (Dana, 1852)

Environmental DNA (eDNA) is a rapid, non-invasive method for species detection and distribution using DNA deposited in the environment by target organisms. eDNA has become a recognised and powerful tool for detecting invasive species in a broad range of aquatic ecosystems. We examined the use of eDNA as a tool for detecting the invasive American signal crayfish Pacifastacus leniusculus in Scotland. Species-specific TaqMan probe and primers were designed for P. leniusculus and a robust quantitative PCR (qPCR) assay and DNA extraction protocol were developed. We investigated the detection capability for P. leniusculus from water samples in a controlled laboratory experiment and determined whether crayfish density (low = 1 crayfish 5.5 L-1 or high = 3 crayfish 5.5 L-1) or length of time in tanks (samples taken at 1, 3 and 7 days) influenced DNA detectability. Additionally, the persistence of DNA was investigated after P. leniusculus removal (samples taken at 1, 3 and 7 days post removal). P. leniusculus DNA was consistently detected during the entire 7-day period and higher density tanks yielded stronger positive results with lower Ct values. After removal of P. leniusculus, there was a rapid and continuous decrease in the detectability of DNA. P. leniusculus DNA could only be detected in high density tanks by the end of the 7-day period, while DNA was no longer detectable in low density tanks after 72 hours. Preliminary field experiments sampled water from three sites in winter and five sites in summer. P. leniusculus was known to be present at two of these sites. P. leniusculus was not detected at any site in winter. However, in summer, positive signals were observed at sites with known P. leniusculus, and at sites where P. leniusculus was believed to be present anecdotally, but not confirmed. All sites where crayfish were believed to be absent were negative for eDNA. Therefore, eDNA represents a promising technique to detect and monitor invasive P. leniusculus, although the presence of detectable amounts of eDNA may be season and location dependent, even where invasive crayfish are known to be present