A Least Bad Approach for Interpreting ESA Stealth Provisions

Scholars have come to recognize the existence of certain stealthlike provisions neatly tucked within the text of the federal Endangered Species Act ( ESA ). At the time of enactment, these provisions-if not invisible to Congress-appeared at most innocuous or insignificant. As originally written, section 7 of the ESA constitutes one such stealth provision. Inconspicuously titled Interagency cooperation, 1 the provision seemed little more than a humble procedural hoop to agency action. Judicial statutory interpretation, however, clarified that this seemingly docile procedural requirement in fact contained a formidable substantive mandate of the Act. A second stealth provision resides in section 8a of the ESA. Modestly titled Convention implementation, 2 the name suggests little more than administrative direction. However, closer inspection reveals that the provision potentially packs more than procedural minutia. With escalating species losses worldwide, there seems little doubt that future litigants will look to apply this provision in aid of biodiversity protection and species conservation. At such time, the federal courts will be forced to grapple, yet again, with the interpretive dilemma of an ESA stealth provision. This Article sets out an approach for how ESA stealth provisions might be interpreted to achieve principled outcomes in such situations

Volume 02

Introduction from Dean Dr. Charles Ross Mike\u27s Nite: New Jazz for an Old Instrument by Joseph A. Mann Investigation of the use of Cucumis Sativus for Remediation Of Chromium from Contaminated Environmental Matrices: An Interdisciplinary Instrumental Analysis Project by Kathryn J. Greenly, Scott E. Jenkins, and Andrew E. Puckette Development of GC-MS and Chemometric Methods for the Analysis of Accelerants in Arson Cases by Scott Jenkins Building and Measuring Scalable Computing Systems by Daniel M. Honey and Jeffery P. Ravenhorst Nomini Hall: A Case Study in the Use of Archival Resources as Guides for Excavation at An Archaeological Site by Jamie Elizabeth Mesrobian Two Stories: In Ohio and How to Stay Out of the Brazilian Army by Thomas Scott Forgerson des Hommes/Stealing the Steel in Zola\u27s Men by Jay Crowell Paul Gauguin\u27s Escape into Primitivism by Sarah Spangenberg Lee Krasner, Abstract Expressionist by Amy S. Eason Artist Book “Paris” by Kenny Wolfe Artist Book “Sequence of Every Day” by Liz Hale Artist Book “Apple Tree” by Rachel Bouchard Artist Book “Not so Pretty in Pink” by Will Semonco Artist Book “Look into the Moon” by Carley York Artist Books “Extra” and “Green” by Ryan Higgenbothom Artist Book “Re-growing Appalachia” by Adrienne Heinbaugh Artist Books “Cheeziest”, “Uh-oh” and “The Girl with the Glasses” by Melissa Dorton “Self-Reflection” by Madeline Hunter Artist Book “The Princess and the Frog” by June Ashmore “Hunter’s Niche” and “The Wild” by Clark Barkley “To Thine Own Self be True” by Jay Haley “Not Funny” Ten-Minute Play Festiva

“We come together as one…and hope for solidarity to live on”: On designing technologies for activism and the commemoration of lost lives

On the International Day to End Violence Against Sex Workers (IDEVASW), sex worker rights advocates and support services commemorate lives lost due to violence. In this paper we describe and reflect on a Feminist Participatory Action Research project that supported the activities of IDEVASW over two years in North East England. Working alongside a charity that provides services to women who are sex workers or have experienced sexual exploitation, we co-organised the first activist march on the day. As researchers and service providers, we present detailed reflections on the use of digital technologies during the public activist march, a private service for commemoration, and the development of a semi-public archive to collect experiences of the day. We develop three implications for the design of digital technologies for activism and the commemoration of lost lives: as catalysts for reflection and opportunities to layer experience

Search for gravitational-lensing signatures in the full third observing run of the LIGO-Virgo network

Gravitational lensing by massive objects along the line of sight to the source causes distortions of gravitational wave-signals; such distortions may reveal information about fundamental physics, cosmology and astrophysics. In this work, we have extended the search for lensing signatures to all binary black hole events from the third observing run of the LIGO--Virgo network. We search for repeated signals from strong lensing by 1) performing targeted searches for subthreshold signals, 2) calculating the degree of overlap amongst the intrinsic parameters and sky location of pairs of signals, 3) comparing the similarities of the spectrograms amongst pairs of signals, and 4) performing dual-signal Bayesian analysis that takes into account selection effects and astrophysical knowledge. We also search for distortions to the gravitational waveform caused by 1) frequency-independent phase shifts in strongly lensed images, and 2) frequency-dependent modulation of the amplitude and phase due to point masses. None of these searches yields significant evidence for lensing. Finally, we use the non-detection of gravitational-wave lensing to constrain the lensing rate based on the latest merger-rate estimates and the fraction of dark matter composed of compact objects

Search for eccentric black hole coalescences during the third observing run of LIGO and Virgo

Despite the growing number of confident binary black hole coalescences observed through gravitational waves so far, the astrophysical origin of these binaries remains uncertain. Orbital eccentricity is one of the clearest tracers of binary formation channels. Identifying binary eccentricity, however, remains challenging due to the limited availability of gravitational waveforms that include effects of eccentricity. Here, we present observational results for a waveform-independent search sensitive to eccentric black hole coalescences, covering the third observing run (O3) of the LIGO and Virgo detectors. We identified no new high-significance candidates beyond those that were already identified with searches focusing on quasi-circular binaries. We determine the sensitivity of our search to high-mass (total mass M>70 M⊙) binaries covering eccentricities up to 0.3 at 15 Hz orbital frequency, and use this to compare model predictions to search results. Assuming all detections are indeed quasi-circular, for our fiducial population model, we place an upper limit for the merger rate density of high-mass binaries with eccentricities 0<e≤0.3 at 0.33 Gpc−3 yr−1 at 90\% confidence level

Ultralight vector dark matter search using data from the KAGRA O3GK run

Among the various candidates for dark matter (DM), ultralight vector DM can be probed by laser interferometric gravitational wave detectors through the measurement of oscillating length changes in the arm cavities. In this context, KAGRA has a unique feature due to differing compositions of its mirrors, enhancing the signal of vector DM in the length change in the auxiliary channels. Here we present the result of a search for U(1)B−L gauge boson DM using the KAGRA data from auxiliary length channels during the first joint observation run together with GEO600. By applying our search pipeline, which takes into account the stochastic nature of ultralight DM, upper bounds on the coupling strength between the U(1)B−L gauge boson and ordinary matter are obtained for a range of DM masses. While our constraints are less stringent than those derived from previous experiments, this study demonstrates the applicability of our method to the lower-mass vector DM search, which is made difficult in this measurement by the short observation time compared to the auto-correlation time scale of DM

The Effect of the Missouri Preschool Program on School Readiness

National policymakers, practitioners, and researchers have consistently questioned how to develop the necessary skills for the nation’s youth to meet the challenges of the 21st century. The answer points directly to the provision of high-quality early childhood programs to prepare children for entrance to kindergarten and put them on a trajectory toward lifelong positive outcomes (Ferrarello, 2017; Phillips et al., 2017). The Missouri Preschool Program is a high-quality, state grant-funded program, with grant priority given to schools serving a large number of disadvantaged children (MODESE, 2018a). The purpose of this quantitative causal-comparative study was to compare the school readiness skills of four-year-old children who participated in a Missouri Preschool Program to the school readiness skills of their peers who did not participate in a Missouri Preschool Program as measured by the Developmental Indicators for the Assessment of Learning Fourth Edition (DIAL-4) instrument in the five domains of school readiness. A two-tailed t-test was performed on de-identified secondary data sets collected from two school districts in southwest Missouri. With the level of significance set at α = .05, the results indicated the mean scores of the Missouri Preschool Program participants were significantly higher than the non-Missouri Preschool Program participants in each of the skill domains of motor, concepts, language, self-help, and social-emotional. These findings are consistent with the mounting evidence of researchers who have documented the value of quality early childhood programs not only for promoting school readiness but for providing long-lasting positive effects, especially for economically disadvantaged children (Bakken, Brown, & Dowling, 2017; Ferguson, 2018)

Faculty Lightning Talk:​ Climate Change, Biodiversity Loss, and the European Union: Legal Comparisons

https://scholarworks.seattleu.edu/lightning-nov2023/1003/thumbnail.jp

Gastric Cancer Treatments and Survival Trends in the United States

Gastric cancer is the third most common cause of cancer deaths worldwide. Despite evidence-based recommendation for treatment, the current treatment patterns for all stages of gastric cancer remain largely unexplored. This study investigates trends in the treatments and survival of gastric cancer. The National Cancer Database was used to identify gastric adenocarcinoma patients from 2004–2016. Chi-square tests were used to examine subgroup differences between disease stages: Stage I, II/III and IV. Multivariate analyses identified factors associated with the receipt of guideline concordant care. The Kaplan–Meier method was used to assess three-year overall survival. The final cohort included 108,150 patients: 23,584 Stage I, 40,216 Stage II/III, and 44,350 Stage IV. Stage specific guideline concordant care was received in only 73% of patients with Stage I disease and 51% of patients with Stage II/III disease. Patients who received guideline consistent care had significantly improved survival compared to those who did not. Overall, we found only moderate improvement in guideline adherence and three-year overall survival during the 13-year study time period. This study showed underutilization of stage specific guideline concordant care for stage I and II/III disease