Administrative Law - Federal Communications Commission - Responsible Representatives of the Listening Public Granted Standing to Intervene at FCC Hearings. Office of Communications of the United Church of Christ v. FCC (D.C. Cir. 1966).

T Section 404.6 permits the arrest and prosecution of every person who, by acts or conduct, intends to cause a riot under circumstances where the probabilities that he will succeed are imminent. By allowing the police to arrest such a person or persons, the section intends to nip the riot-rose in the bud and thereby preserve the public peace. Through an analysis of legislative history, case history, and recent opinions of the Supreme Court, the writers will endeavor to support the proposition that private correspondence between consenting parties, whether obscene or not, is outside to scope of the obscenity statute

Federal Income Tax - Taxpayer Who Carried Briefcase Sized Bag of Tools Allowed To Deduct Transportation Expenses Incurred in Driving To and From His Home and Various Work Sites As an Ordinary and Necessary Business Expense. Sullivan v. Commissioner (2d Cir. 1966)

Lawrence D. Sullivan, a wire lather employed by a New York City construction company incurred $1,494.72 of expenses for the use of his car in driving to and from his Staten Island home and different job sites in and around New York City. He deducted this amount as an ordinary and necessary business expense on his federal income tax return for 1962. Sullivan carried the tools of his trade in a briefcase-sized bag which weighed approximately thirty-two pounds when filled with tools. He was unable to leave his tools at the various job sites as there were no safe storage places, and often, his employer would telephone him in the evening and direct him to go to a different job site the following morning. Sullivan testified that he had a bad ruling involving the same facts, implied that a deduction for the total cost of private transportation would be allowed under Section 162 if the taxpayer would have used public transportation but for the tools. The Tax Court held that Sullivan\u27s transportation expenses were purely personal, distinguishing the Ninth Circuit\u27s ruling in Crowther as applicable only to the very special facts of that case. The Tax Court\u27s ruling that the taxpayer\u27s carrying of his tools did not transform the expense into a business expense placed the Tax court in opposition to the district court decision in Rice and the subsequent Revenue Ruling. The Second Circuit also considered the Internal Revenue Service\u27s Revenue Ruling too narrow and would allow the taxpayer to deduct the reasonable cost of transporting his tools even if he would not have used public transportation

Calling Rates of Male Bobwhites During Summer in North Florida

The summer call-count survey is a common method used as an index of abundance for male northern bobwhites (Colinus virginianus). Typically, abundance estimates have limited use and transference to other analyses because they lack estimates of detection and availability. Incorporating availability into abundance estimates has not been common because of the difficulty in attaining an availability estimate. We monitored the calling rates of radio-marked northern bobwhites, April–July, to ascertain the proportion of males available for detection within biweekly periods to attain a direct measure of availability. We measured daily and seasonal peaks in calling rates and investigated potential parameters that may influence the calling rate. We used a 5-min survey period and observed a mean calling rate of 0.40, which increased to 0.493 when a 10-min survey period was used. The biweekly calling rates were similar during May and June, but were significantly lower in April and July. Daily call rates within the 4-hr survey time period were consistent for May and June, but were more variable in July. Incorporating availability estimates into standard distance sampling procedures allowed us to produce more robust estimates of summer bobwhite density. Little is known about the variability of male bobwhite calling rates regionally or at different densities and we encourage other researchers to attain availability estimates from other landscapes and population densities

Factors Influencing Northern Bobwhite Hunting Success on Two South Georgia Plantations

Success of wild northern bobwhite (Colinus virginianus) management programs on private lands is most often measured by the rate of coveys pointed during the hunting season. Thus, managers of these properties are keenly interested in factors that influence hunting success. We examined how coveys pointed/hour, a measure of hunting success, was influenced by time of hunting season, time of day, weather parameters, and supplemental feeding on 2 intensively-managed plantations over 4 years. There were significant annual differences in the number of coveys pointed/hour among the 4 study years, but hunting success did not vary during the hunting season. Afternoon hunts had consistently higher success rates than morning hunts; however, the effect size was variable from year to year. The selected weather model indicated an interaction between 12-hr barometric pressure change and starting air pressure; hunting success increased with a rapid pressure increase that resulted in a high pressure value at the start of the hunt. A secondary weather model documented a negative relationship between starting air temperature and hunting success. The number of days since supplemental feed was spread had no significant effect on hunting success in 5 of 6 years for the 2 plantations over 3 years. Knowledge of how these variables influence hunting success should improve hunting and provide realistic expectations of hunt success for a given set of circumstances

Breeding Season Survival and Reproduction in a High-Density Bobwhite Population: A case study

The demographic behavior of northern bobwhite (Colinus virginianus; hereafter, bobwhite) populations at high densities could provide important insights into why bobwhite populations fluctuate. Therefore, we documented breeding season demographics of bobwhites to understand how prebreeding density influenced reproductive effort and postbreeding density on an intensively managed property in Leon County, Florida, USA, 2002–2006. We estimated prebreeding bobwhite density each April using multi-observer strip-transects and postbreeding densities each November using covey call grid surveys. We radio-tagged 217 bobwhites in March and located bobwhites at least 5 days/week, 15 April–30 September to determine vital rates. Prebreeding density ranged from 1.5–8.6 birds/ha, peaking in 2002, declining through 2005, then increasing in 2006. Breeding season survival was 0.55, 0.17, 0.20, and 0.59, and nesting rate was 0.47, 0.67, 0.80 and 0.89, 2002–2005, respectively. Postbreeding density ranged from 5.2–13.6 birds/ha, also peaking in 2002 and declining through 2004 before increasing beginning in 2005 and 2006. High breeding season survival and nesting success (\u3e0.55) resulted in greater chick production during periods of population growth. Nesting rate was inversely related to prebreeding density. Declines in bobwhite nesting rate at high prebreeding densities appeared to regulate population growth near population peaks. Lower adult survival and nesting success appeared to cause population declines. We suggest density-dependent intraspecific competition limited population growth at high bobwhite densities by reducing nesting rate while predation of adults and nests explained population fluctuations

Sediment Management for Southern California Mountians, Coastal Plains and Shoreline. Part D: Special Inland Studies

In southern California the natural environmental system involves the continual relocation of sedimentary materials. Particles are eroded from inland areas where there is sufficient relief and, precipitation. Then, with reductions in hydraulic gradient along the stream course and at the shoreline, the velocity of surface runoff is reduced and there is deposition. Generally, coarse sand, gravel and larger particles are deposited near the base of the eroding surfaces (mountains and hills) and the finer sediments are deposited on floodplains, in bays or lagoons, and at the shoreline as delta deposits. Very fine silt and clay particles, which make up a significant part of the eroded material, are carried offshore where they eventually deposit in deeper areas. Sand deposited at the shoreline is gradually moved along the coast by waves and currents, and provides nourishment for local beaches. However, eventually much of this littoral material is also lost to offshore areas. Human developments in the coastal region have substantially altered the natural sedimentary processes, through changes in land use, the harvesting of natural resources (logging, grazing, and sand and gravel mining); the construction and operation of water conservation facilities and flood control structures; and coastal developments. In almost all cases these developments have grown out of recognized needs and have well served their primary purpose. At the time possible deleterious effects on the local or regional sediment balance were generally unforeseen or were felt to be of secondary importance. In 1975 a large-scale study of inland and coastal sedimentation processes in southern California was initiated by the Environmental Quality Laboratory at the California Institute of Technology and the Center for Coastal Studies at Scripps Institution of Oceanography. This volume is one of a series of reports from this study. Using existing data bases, this series attempts to define quantitatively inland and coastal sedimentation processes and identify the effects man has had on these processes. To resolve some issues related to long-term sediment management, additional research and data will be needed. In the series there are four Caltech reports that provide supporting studies for the summary report (EQL Report No. 17). These reports include: EQL Report 17-A Regional Geological History EQL Report 17-B Inland Sediment Movements by Natural Processes EQL Report 17-C Coastal Sediment Delivery by Major Rivers in Southern California EQL Report 17-D -- Special Inland Studies Additional supporting reports on coastal studies (shoreline sedimentation processes, control structures, dredging, etc.) are being published by the Center for Coastal Studies at Scripps Institution of Oceanography, La Jolla, California

Precision metering of microliter volumes of biological fluids in micro-gravity

Concepts were demonstrated and investigated for transferring accurately known and reproducible microliter volumes of biological fluids from sample container onto dry chemistry slides in microgravity environment. Specific liquid transfer tip designs were compared. Information was obtained for design of a liquid sample handling system to enable clinical chemical analysis in microgravity. Disposable pipet tips and pipet devices that were designed to transfer microliter volumes of biological fluid from a (test tube) sample container in 1-G environment were used during microgravity periods of parabolic trajectories of the KC-135 aircraft. The transfer process was recorded using charge coupled device camera and video cassette equipment. Metering behavior of water, a synthetic aqueous protein solution, and anticoagulated human blood was compared. Transfer of these liquids to 2 substrate materials representative of rapidly wettable and slowly wettable dry chemistry slide surface was compared

Habitat Selection of Northern Bobwhite Coveys on Two Intensive Agriculture Landscapes in Eastern North Carolina (Poster Abstract)

Little information is available for home range size and habitat use of northern bobwhites (Colinus virginianus) on modern agricultural landscapes in autumn. Therefore, we monitored radiomarked bobwhite coveys from September–December 1998 on farms in Wilson and Tyrrell counties, North Carolina. The Tyrrell County farm was a 6084-ha area recently developed for commercial production of corn and soybeans. Dispersed throughout crop areas were forested and fallow blocks at differing stages of succession. The Wilson County farms had small fields (x̄ = 1.8 ha, SE = 0.12) planted in cotton, soybeans, corn, and tobacco and were surrounded by mixed pine and hardwood blocks of differing ages. Mean home range size at the Tyrrell County farm was 33.2 ha (range 4.5–128.5 ha) (n = 10). The two largest home ranges, 70.7 and 128.6 ha, were disproportionately large due to large movements from harvested crop fields to permanent forested cover. Covey home ranges were not established at random (l = 0.124; x2 4= 20.18; P \u3c 0.001). Road and canal edges were selected significantly more than any other habitat followed in rank by soybean fields, corn fields, forested, and fallow blocks. Road and canal edges provided necessary cover for moving between habitat types, especially from forested and fallow blocks to crop fields. Within home ranges, coveys did not allocate their time at random (l = 0.336; x2 4 = 10.89; P \u3c 0.05). Habitats were ranked in the order of forested blocks, fallow areas, soybean fields, road and canal edges, and corn fields, but no significant differences were found between habitats. In Wilson County, average covey home range was 17.4 ha (Range: 4.9–37.6 ha)(n = 11). Coveys did not establish their home range at random (l = 0.407; x22 = 9.87; P \u3c 0.05), selecting forested blocks over crop fields (T9 = 3.02, P \u3c 0.012). Within home ranges coveys did not allocate their time at random (l = 0.1319; x25 = 22.28; P \u3c 0.001), utilizing primarily forested blocks followed by cotton fields, soybean fields, corn fields, and other areas. On both study areas, forested and fallow blocks were the only source of cover to spend time in after crop harvest. Covey use within forested and fallow blocks was concentrated along edges of crop fields, leaving large portions of this habitat type unused. Forested and fallow blocks were primarily used as loafing cover in between feeding periods in adjacent crop fields