1,321 research outputs found

    Solving SLAPP Slop

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    In a substantial minority of states, wealthy and powerful individuals can, without much consequence, bring defamation lawsuits against the press and concerned citizens to silence and intimidate them. These lawsuits, known as “strategic lawsuits against public participation” (“SLAPP”s), are brought not to compensate a wrongfully injured person, but rather to discourage the defendants from exercising their First Amendment rights. In other words, when well resourced individuals feel disrespected by public criticism, they sometimes sue the media or concerned citizens, forcing these speakers to defend themselves in exorbitantly expensive defamation actions. In states without anti-SLAPP statutes—statutes aimed at protecting speakers from these chilling lawsuits—these cases can take months, and sometimes years, to resolve. The result is that speakers—those targeted by the lawsuits and otherwise—will be less inclined to criticize the plaintiff in the future, lest they face a devastatingly burdensome and drawn-out (albeit not meritorious) defamation lawsuit. Even in the thirty-two states that have passed anti-SLAPP statutes, the statutory regimes widely vary. For instance, anti-SLAPP statutes in some populous states like Florida and, until recently, New York are not particularly helpful to the media because they only apply in limited contexts, such as citizens being sued for their comments at public meetings. Other anti-SLAPP statutes, like Virginia’s, lack procedural mechanisms that would require a plaintiff whose lawsuit has been declared a SLAPP to pay the defendants’ legal fees. As a result of these and other differences in anti-SLAPP regimes, plaintiffs strategically forum shop when deciding where to bring their defamation lawsuits, choosing jurisdictions with less protections for defendants whenever possible. However, even where an action is brought in a jurisdiction that does provide strong anti-SLAPP protections, federal courts are split on whether anti-SLAPP statutes conflict with the Federal Rules of Civil Procedure. Consequently, it is currently unclear whether such statutes can be applied in federal cases at all. Because anti-SLAPP statues are needed to ensure that the public can exercise their First Amendment rights and freely exchange information of public interest, it is vital to fill the gaps that the current statutory regimes have created. In exploring the current legislative landscape, this Article will consider methods for protecting citizens’ First Amendment rights to speak on issues of public interest, such as urging state and federal governments to pass broad anti-SLAPP legislation. In so doing, this Article will suggest specific tools and language that should be incorporated into a federal anti-SLAPP law. Indeed, to date, no federal anti-SLAPP statute has ever been enacted. This Article seeks to change that by outlining provisions for a potential federal anti-SLAPP statute and exploring the benefits and value that enacting strong anti-SLAPP legislation on both the federal and state levels could have on protecting First Amendment rights

    Protecting Local News Outlets from Fatal Legal Expenses

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    As lawsuits targeting the press continue to rise in response to today’s political climate, local news outlets are more likely to find themselves facing unexpected legal expenses. Although the national news media can generally weather the costs of libel lawsuits and subpoena requests, smaller news outlets have gone bankrupt or barely escaped such a fate while paying off legal fees, even when these outlets have ultimately been successful in their legal battles. Because local news outlets serve a critical role in underserved communities and are powerful agents of positive social change, they ought to be protected against fatal legal expenses. This article examines the important functions of local journalism, explains the recent legal challenges that local news outlets have been facing and their resulting impact, and exposes the problematic gaps of statutory frameworks that fail to adequately protect local news outlets from fatal legal expenses. In so doing, this article argues that enacting strong state anti-SLAPP statutes and reporter’s shield laws is necessary to combat the costly attacks against the press as of late and to preserve the vitality of the local media

    Protecting Local News Outlets from Fatal Legal Expenses

    Get PDF
    As lawsuits targeting the press continue to rise in response to today’s political climate, local news outlets are more likely to find themselves facing unexpected legal expenses. Although the national news media can generally weather the costs of libel lawsuits and subpoena requests, smaller news outlets have gone bankrupt or barely escaped such a fate while paying off legal fees, even when these outlets have ultimately been successful in their legal battles. Because local news outlets serve a critical role in underserved communities and are powerful agents of positive social change, they ought to be protected against fatal legal expenses. This article examines the important functions of local journalism, explains the recent legal challenges that local news outlets have been facing and their resulting impact, and exposes the problematic gaps of statutory frameworks that fail to adequately protect local news outlets from fatal legal expenses. In so doing, this article argues that enacting strong state anti-SLAPP statutes and reporter’s shield laws is necessary to combat the costly attacks against the press as of late and to preserve the vitality of the local media

    The biology of the elf owl, Micrathene whitneyi

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    http://deepblue.lib.umich.edu/bitstream/2027.42/56380/1/MP136.pd

    Literature Review of Associations among Attributes of Reported Drinking Water Disease Outbreaks

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    Waterborne disease outbreaks attributed to various pathogens and drinking water system characteristics have adversely affected public health worldwide throughout recorded history. Data from drinking water disease outbreak (DWDO) reports of widely varying breadth and depth were synthesized to investigate associations between outbreak attributes and human health impacts. Among 1519 outbreaks described in 475 sources identified during review of the primarily peer-reviewed, English language literature, most occurred in the U.S., the U.K. and Canada (in descending order). The outbreaks are most frequently associated with pathogens of unknown etiology, groundwater and untreated systems, and catchment realm-associated deficiencies (i.e., contamination events). Relative frequencies of outbreaks by various attributes are comparable with those within other DWDO reviews, with water system size and treatment type likely driving most of the (often statistically-significant at p < 0.05) differences in outbreak frequency, case count and attack rate. Temporal analysis suggests that while implementation of surface (drinking) water management policies is associated with decreased disease burden, further strengthening of related policies is needed to address the remaining burden attributed to catchment and distribution realm-associated deficiencies and to groundwater viral and disinfection-only system outbreaks

    Insect (Arthropoda: Insecta) Composition in the Diet of Ornate Box Turtles (Terrapene ornata ornata) in Two Western Illinois Sand Prairies, with a New State Record for Cyclocephala (Coleoptera: Scarabaeidae)

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    A study of fecal samples collected over a two-year period from juvenile ornate box turtles (Terrapene ornata ornata Agassiz) revealed diets consisting of six orders of insects representing 19 families. Turtles were reared in captivity from eggs harvested from local, wild populations, and released at two remnant prairies. Identifiable insect fragments were found in 94% of samples in 2013 (n=33) and 96% in 2014 (n=25). Frequency of occurrence of insects in turtle feces is similar to results reported in previous studies of midwestern Terrapene species. A comparison of insect composition presented no significant difference between release sites. There is no significant difference in consumed insect species between turtles released into or outside of a fenced enclosure at the same site. Specimens of Cyclocephala longula LeConte collected during this study represent a new state record for Illinois

    Examining Trust and Reliance in Collaborations between Humans and Automated Agents

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    Human trust and reliance in artificial agents is critical to effective collaboration in mixed human computer teams. Understanding the conditions under which humans trust and rely upon automated agent recommendations is important as trust is one of the mechanisms that allow people to interact effectively with a variety of teammates. We conducted exploratory research to investigate how personality characteristics and uncertainty conditions affect human-machine interactions. Participants were asked to determine if two images depicted the same or different people, while simultaneously considering the recommendation of an automated agent. Results of this effort demonstrated a correlation between judgements of agent expertise and user trust. In addition, we found that in conditions of high and low uncertainty, the decision outcomes of participants moved significantly in the direction of the agent’s recommendation. Differences in reported trust in the agent were observed in individuals with low and high levels of extraversion

    Stellar and Molecular Radii of a Mira Star: First Observations with the Keck Interferometer Grism

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    Using a new grism at the Keck Interferometer, we obtained spectrally dispersed (R ~ 230) interferometric measurements of the Mira star R Vir. These data show that the measured radius of the emission varies substantially from 2.0-2.4 microns. Simple models can reproduce these wavelength-dependent variations using extended molecular layers, which absorb stellar radiation and re-emit it at longer wavelengths. Because we observe spectral regions with and without substantial molecular opacity, we determine the stellar photospheric radius, uncontaminated by molecular emission. We infer that most of the molecular opacity arises at approximately twice the radius of the stellar photosphere.Comment: 12 pages, including 3 figures. Accepted by ApJ

    Good vibrations: A novel method for sexing turtles

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    The ability to accurately determine the sex of individuals is important for research and conservation efforts. While most species of turtle exhibit secondary sexual dimorphisms that can be used to reliably infer sex, there are some species that are very difficult to sex, and even within many dimorphic species, it is not uncommon to encounter individuals that appear to exhibit both male and female secondary sex characteristics. Therefore, we tested the novel method of using a vibrator to sex turtles by stimulating male turtles to evert their penises. We tested this method on males of four species (three families) with known sexual dimorphisms: spiny softshell turtles (Apalone spinifera; n = 14), western chicken turtles (Deirochelys reticularia miaria; n = 17), Mississippi mud turtles (Kinosternon subrubrum hippocrepis; n = 10), and common musk turtles (Sternotherus odoratus; n = 9). The method accurately sexed 100% of A. spinifera, 64.7% of D. r. miaria, 80.0% of K. s. hippocrepis, and 55.6% of S. odoratus. Despite the low success rates in some species, there are situations in which this method will be useful for researchers working with species that are difficult to sex using external morphological characteristics
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