The FRCP Alarm Clock Has Rung: Now What?

This article presents steps a company may undertake to begin implementing clear policies and procedures outlining what to do relative to e-discovery practices and responding to electronic discovery requests

Not in My Backyard: The Clash between Native Hawaiian Gathering Rights and Western Concepts of Property in Hawaii

This article examines the uneasy truce that exists between Western property law and the original Hawaiian native gathering practices that existed before the arrival of Europeans. The author traces the development of Hawaiian law from early cases that severely restricted gathering rights to more permissive results. The article demonstrates both the strengths and weaknesses of the present system of land tenure in Hawaii and argues for the continued expansion of native Hawaiian gather rights providing such expansion takes place within, not outside of, the dominant fee simple land tenure system now in place in Hawaii

A Bird in the Hand: Shotguns, Deadly Oil Pits, Cute Kittens, and the Migratory Bird Treaty Act

This Article is presented in three parts. Part I describes the modern application (and misapplication) of the MBTA and briefly sets out the history of the Act, including the widespread, indiscriminate killing of migratory birds for food and fashion in the 19th century that first spurred Congress to act. Building off this history and the clear Congressional intent behind the MBTA to criminalize industrial activities directed at killing birds, Part II sorts human-caused bird killing activities into three categories and proposes the appropriate MBTA liability treatment for each category based both on the original purpose of the Act and on our modern understanding of the desirability of balancing critical animal species preservation against necessary industrial activity. This Article concludes in Part III with a summary of the proposed approaches to the current MBTA liability quagmire

Not in My Backyard: The Clash between Native Hawaiian Gathering Rights and Western Concepts of Property in Hawaii

This article examines the uneasy truce that exists between Western property law and the original Hawaiian native gathering practices that existed before the arrival of Europeans. The author traces the development of Hawaiian law from early cases that severely restricted gathering rights to more permissive results. The article demonstrates both the strengths and weaknesses of the present system of land tenure in Hawaii and argues for the continued expansion of native Hawaiian gather rights providing such expansion takes place within, not outside of, the dominant fee simple land tenure system now in place in Hawaii

Troubled Water: Building a Bridge to Clean Energy through Small Hydropower Regulatory Reform

This Article is presented in four Parts. Part II outlines the history of hydropower regulation in the U.S., including the environmental, geographic, and human effects of big dam hydropower development that ultimately engendered the onerous regulations currently governing all hydropower development. Building off of this history, Part III discusses America’s hydropower potential, the available methods for tapping it, and the possible environmental impacts of these methods. Part IV provides an overview of the current regulations governing small hydropower. Part V concludes by proposing areas where the regulatory framework for low-impact small hydropower should be reformed to properly and responsibly encourage its development, including by (1) making a regulatory distinction between low-impact and more physically intrusive methods of hydropower generation; and (2) streamlining and expediting the approval process for low-impact small hydropower projects

A Cautionary Note on the Effects of Population Stratification Under an Extreme Phenotype Sampling Design

Extreme phenotype sampling (EPS) is a popular study design used to reduce genotyping or sequencing costs. Assuming continuous phenotype data are available on a large cohort, EPS involves genotyping or sequencing only those individuals with extreme phenotypic values. Although this design has been shown to have high power to detect genetic effects even at smaller sample sizes, little attention has been paid to the effects of confounding variables, and in particular population stratification. Using extensive simulations, we demonstrate that the false positive rate under the EPS design is greatly inflated relative to a random sample of equal size or a “case-control”-like design where the cases are from one phenotypic extreme and the controls randomly sampled. The inflated false positive rate is observed even with allele frequency and phenotype mean differences taken from European population data. We show that the effects of confounding are not reduced by increasing the sample size. We also show that including the top principal components in a logistic regression model is sufficient for controlling the type 1 error rate using data simulated with a population genetics model and using 1,000 Genomes genotype data. Our results suggest that when an EPS study is conducted, it is crucial to adjust for all confounding variables. For genetic association studies this requires genotyping a sufficient number of markers to allow for ancestry estimation. Unfortunately, this could increase the costs of a study if sequencing or genotyping was only planned for candidate genes or pathways; the available genetic data would not be suitable for ancestry correction as many of the variants could have a true association with the trait

Species Conservation & Recovery Through Adequate Regulatory Mechanisms

The world is experiencing its sixth episode of mass extinction of life. In rhetoric typically used by bloggers rather than scientists, the National Academy of Sciences reports that this biological annihilation is more dire than previously believed,\u27 and that the decimation of biodiversity and of the ecosystem services resulting from it is nothing less than a frightening assault on the foundations of human civilization. 2 Unlike previous episodes of mass extinction, this one is caused by human overpopulation, overconsumption, and anthropogenic climate change. The United States has been a world conservation leader for over a century, but its commitment to supporting biodiversity is flagging while its contributions to the causes of extinction, including responsibility for 14 percent of global greenhouse gas emissions,\u27 are growing. Although the United States is only one player in this crisis, its legal mandates for biodiversity protection, including those contained in the Endangered Species Act,4 have proved essential for combatting extinction when assessed in the context of both global leadership and on-the-ground impacts. Due to its broad influence on the field of biodiversity law and its overarching goal to conserve threatened and endangered species, this article focuses on the Endangered Species Act ( ESA or Act ) and analyzes whether and when regulatory mechanisms are adequate for conservation and recovery purposes under the Act. Within the United States, identifying effective measures for the coordination of conservation efforts across federal, state, tribal, and local jurisdictional boundaries is critical for the preservation of species. To date, most of the attention on the efficacy of such measures has been focused on the prelisting phase and the private-public candidate conservation agreements aimed at forestalling or preventing the listing of an imperiled species. Little attention has been paid to the post-listing phase of species recovery and the critical question of whether the continued recovery of recently delisted species would be enhanced by keeping adequate regulatory mechanisms in place after the ESA\u27s statutory protections have fallen away. Strengthening provisions for species recovery requires political connectivity and coordination. In particular, the population health of apex predators such as grizzly bears and wolves, as well as many fish and bird species, depends on cooperation between the several entities charged with conservation responsibility

Systemic Theoretical Instruction: Tense and Aspect in Italian a Sociocultural Study of American Learners of Italian

University-level language and second-language classrooms typically use general rules of thumb to teach grammar without considering its conceptual aspects and cultural origins. These general rules of thumb are normally taught using a communicative approach to language teaching which typically places little emphasis on immediate corrective feedback and learner development. Most assessments are static in nature and focus on right and wrong answers rather than their origins (i.e., learner development and microgenesis). The lack of corrective feedback and lack of considering affective factors have the potential to negatively influence language acquisition in terms of motivation and self-efficacy. In addition, foreign language instructors typically do not assess learners’ level of language awareness in their native language and how it could negatively impact learning the target language (i.e., L2) at the beginner level. The native language (i.e., L1) is usually not considered as a tool to mediate concept development in the L2, even though research indicates it is a learner’s greatest mediation tool. However, if the L1 is not properly assessed for gaps in knowledge then it could have the reverse effects and result in negative transfer to the target language. Therefore, this study sought to understand how visual diagrams grounded in STI and CBI principles could evaluate native English speakers’ level of language awareness of tense and aspect. Consequently, the study aimed to evaluate how bringing the L1 tense and aspect system back into focus impacts L2 concept development in Italian (i.e., tense and aspect) and how acquisition of tense and aspect in Italian was impacted if taught sequentially. The findings in this study show that the L1 can be instrumental in L2 concept acquisition and development at the beginner level and increase motivation and self-efficacy. The study also transformed the participants’ perspective on grammar as essential to creating meaning that highly impacts communication and was not just an academic activity. Lastly, concept-based instruction pedagogical materials were found to be effective when teaching the L2 tense and aspect system through the lens of the L1 system

ALT Abitare Lavorare Tempo Libero

Gli elaborati che compongono questa antologia costituiscono le risposte che molti autori hanno voluto dare alla CALL FOR IDEAS, “ALT !” che IN/ARCH LOMBARDIA ha lanciato per riflettere sui modi contemporanei dell’ABITARE, del LAVORARE e del TEMPO LIBERO. Nelle risposte date si evidenziano visioni ampie e complesse, non solo in grado di osservare i fenomeni nella loro collocazione storica o contemporanea, ma anche capaci di porsi come indagini propositive proiettate oltre i propri confini