Growth and developmental plasticity of Chaoborus americanus populations

Includes bibliographical references.The larval stage of the phantom midge Chaoborus americanus (Chaoboridae) is an important predator on zooplankton in temperate, fishless ponds. Chaoborus have distinct development stages typical of holometabolous insects: egg, larva (four larval instars), pupa, and adult. Temperature and food levels can significantly affect development rates in insects. The purpose of this study was: (1) to compare developmental patterns of populations of C. americanus from different latitudes (northern Wisconsin, northern Illinois), which experience different annual temperature regimes; and (2) to construct a mathematical model to predict larval development patterns (Developmental Model) and another to predict abundance patterns for C. americanus populations based on temperature and food regimes (Abundance Model). The Chaoborus americanus population in northern Wisconsin (Tender Bog) completed one generation per year. The northern Illinois population (Meiner Pond) had two to three generations per year. Pupae that developed from overwintering fourth larvae in Meiner Pond were nearly twice the mass of the pupae in the summer generation. The pupae of the overwintering population of fourth instar larvae in Tender Bog were comparable in mass to the pupae from the first generation (late May) in Meiner Pond. Using laboratory estimates for growth and development rates, and the appropriate field temperature data, the Developmental Model correctly predicted a one-year generation time for a C. americanus population in Tender Bog and three generations per year for the Meiner population. Similarly, the results generated by the abundance model were consistent with the phenology and patterns of instar abundance observed in the respective populations.B.S. (Bachelor of Science

Doing Away with Disorderly Conduct

Disorderly conduct laws are weapons the powerful wield against the unpopular. All fifty states and many municipalities have disorderly conduct laws that criminalize speech and conduct ranging from unreasonable noise to opprobrious language. Although these laws are facially neutral, their astounding breadth and vagueness serve as a rubber stamp for law enforcement to surveil and criminally charge marginalized people. Their targets include communities of color, people with unpopular religious or political beliefs, and people whose mental health struggles render them incapable of complying with societal expectations of order. Although courts and scholars have criticized these laws for decades, none have explicitly called for their abolition. This Article does so. The Article examines both the constitutional flaws of disorderly conduct laws and the many societal harms they enable, before ultimately concluding that any minimal good they accomplish cannot justify the damage they inflict. Amidst a growing national reckoning over the crisis of abusive and discriminatory policing, this Article provides a timely critique of the criminal laws that empower such policing. It uses disorderly conduct laws as a lens through which to examine the extraordinary costs of overcriminalization and the vulnerable people who most often bear the brunt of such costs. Although disorderly conduct laws are not the only criminal laws legislatures should consider eliminating, they are both constitutionally and socially problematic to a degree few other criminal laws achieve

Sorting and Reforming: High-Stakes Testing in the Public Schools

As with “Millionaire,” these practices are widely accepted, roundly applauded, but nevertheless quite controversial. In this article, I will first examine the historical origins of high-stakes testing. Next, I will describe the growing interest in these tests in elementary and secondary schools as well as the tensions that have resulted. Then, I will explore the most significant challenges to the use of high-stakes testing as a requirement for graduation or promotion to another grade. This article will close by contemplating the likely future of the movement for testing and accountability

The Perennial Eclipse: Race, Immigration, and How Latinx Count in American Politics

In 2016, the U.S. Supreme Court decided Evenwel v. Abbott, a case challenging the use of total population in state legislative apportionment as a violation of the Equal Protection Clause. The plaintiffs sued Texas, alleging that the State impermissibly diluted their voting power because they lived in areas with a high proportion of voting-age citizens. When total population was used to draw district lines, the plaintiffs had to compete with more voters to get their desired electoral outcomes than was true for voters in districts with low proportions of voting-age citizens. The Court rejected the argument, finding that states enjoy the discretion to choose among different population bases, including total population. Since the Evenwel decision, there has been ongoing interest at both the federal and state levels in using alternatives such as citizen voting-age population (CVAP) to apportion representation. So far, the lack of accurate data on citizenship status has stymied these efforts. Even so, the issues in Evenwel deserve more attention than they have received. The choice about how to count when redistricting can have significant ramifications for both partisan power and minority voices. The litigation reveals the ways in which demographic change, especially the rise of immigrant populations, has tested the efficacy of a voting rights jurisprudence that largely focuses on citizens. After describing the lawsuit and its aftermath, this Article turns to CVAP’s potential impact on political representation. The discussion first draws on the work of law professors Joseph Fishkin and Ilya Somin, both of whom conclude that alternative forms of representation significantly mitigate the shortcomings of the formal electoral process. Professor Fishkin focuses on virtual representation of those unable to vote, while Professor Somin emphasizes foot voting to express individual preferences. This Article suggests the limits of these strategies, especially for the undocumented, and then examines the issues from the perspective of immigrant integration. While most immigrants who are legally present in the United States eventually will be eligible to cast a ballot, those without legal status remain disenfranchised no matter how long they reside in and contribute to their communities. For that reason, it is important to address how a switch to CVAP will affect the political representation of minority communities with substantial numbers of immigrants. This Article’s concluding section shows how this change might violate Section 2 of the Voting Rights Act if adopted in Texas. Redrawn maps could result in voter denial if large districts in areas with high proportions of noncitizens depress minority turnout. Under a totality of the circumstances test, altered district lines would be particularly vulnerable because of Texas’s history of electoral discrimination, ongoing racial and ethnic disparities, and continuing polarization. The shift could also lead to impermissible voter dilution. Empirical data reveals that Texans remain deeply divided along both partisan and racial lines. Using CVAP instead of total population would strengthen non-Hispanic white and Republican representation while weakening Latinx and Democratic representation. Those effects would be pronounced and, therefore, should be subject to the most exacting judicial scrutiny. Otherwise, a purportedly race-neutral choice about population count could be manipulated to suppress minority voters’ influence. By considering how the exclusion of those ineligible to vote will harm the minority electorate, courts can retool and revitalize Section 2 jurisprudence to meet the challenges of a changing demography

School Finance Reform and Professor Stephen D. Sugarman’s Lasting Legacy

Once, over lunch, I recall a law professor reflecting on scholarly work’s ephemeral nature. Legal academics, he thought, should consider themselves lucky if their articles sparked a discussion that lasted for even a few years. By that standard, Professor Stephen Sugarman’s seminal work on school finance reform, done in collaboration with John Coons and William Clune, must count as a Methuselah of academic concepts. Decades later, this research continues to prompt scholarly debate, legal advocacy, and legislative reform. In this essay, I first describe the origins of the theory of school finance reform. I then turn to the ongoing influence that this approach has had on how schools are funded. I close with some thoughts on the reasons for this idea’s tremendous staying power