Designing a Flexible World for the Many: Essential Functions and Title I of the Americans with Disabilities Act

This Note explores how courts interpret the meaning of “essential functions” under Title I of the Americans with Disabilities Act. To be protected under the ADA, a plaintiff must be able to perform the “essential functions” of her job with or without a reasonable accommodation. In general, courts follow one of two approaches when interpreting this phrase. The first approach narrowly focuses on the employer’s judgment regarding which functions are essential. The second approach considers the employer’s judgment, but looks beyond to consider the broader employment relationship. This Note argues that these different approaches have led to varying levels of scrutiny, which ultimately hinders the ADA’s efforts to eliminate discrimination. This Note asserts that these different approaches exist because Section 12111(8) fails to clearly indicate which one courts should follow. As a result, courts are able to apply that level of scrutiny they consider appropriate, instead of that level of scrutiny Congress intended. To clarify the proper test that courts should follow, this Note proposes a statutory amendment to Section 12111(8). This Note concludes that this amendment is the most effective way to make Title I’s protections more robust

Resilience of seed production to a severe El Niño‐induced drought across functional groups and dispersal types

More frequent and severe El Niño Southern Oscillations (ENSO) are causing episodic periods of decreased rainfall. Although the effects of these ENSO-induced droughts on tree growth and mortality have been well studied, the impacts on other demographic rates such as reproduction are less well known. We use a four-year seed rain dataset encompassing the most severe ENSO-induced drought in more than 30 years to assess the resilience (i.e., resistance and recovery) of the seed composition and abundance of three forest types in a tropical dry forest. We found that forest types showed distinct differences in the timing, duration, and intensity of drought during the ENSO event, which likely mediated seed composition shifts and resilience. Drought-deciduous species were particularly sensitive to the drought with overall poor resilience of seed production, whereby seed abundance of this functional group failed to recover to predrought levels even two years after the drought. Liana and wind-dispersed species were able to maintain seed production both during and after drought, suggesting that ENSO events promote early successional species or species with a colonization strategy. Combined, these results suggest that ENSO-induced drought mediates the establishment of functional groups and dispersal types suited for early successional conditions with more open canopies and reduced competition among plants. The effects of the ENSO-induced drought on seed composition and abundance were still evident two years after the event suggesting the recovery of seed production requires multiple years that may lead to shifts in forest composition and structure in the long term, with potential consequences for higher trophic levels like frugivores

Hydrogeophysical Investigations at Hidden Dam, Raymond, California

Self-potential and direct current resistivity surveys are carried out at the Hidden Dam site in Raymond, California to assess present-day seepage patterns and better understand the hydrogeologic mechanisms that likely influence seepage. Numerical modeling is utilized in conjunction with the geophysical measurements to predict variably-saturated flow through typical two-dimensional dam cross-sections as a function of reservoir elevation. Several different flow scenarios are investigated based on the known hydrogeology, as well as information about typical subsurface structures gained from the resistivity survey. The flow models are also used to simulate the bulk electrical resistivity in the subsurface under varying saturation conditions, as well as the self-potential response using petrophysical relationships and electrokinetic coupling equations. The self-potential survey consists of 512 measurements on the downstream area of the dam, and corroborates known seepage areas on the northwest side of the dam. Two direct current resistivity profiles, each approximately 2,500 ft (762 m) long, indicate a broad sediment channel under the northwest side of the dam, which may be a significant seepage pathway through the foundation. A focusing of seepage in low-topography areas downstream of the dam is confirmed from the numerical flow simulations, which is also consistent with past observations. Little evidence of seepage is identified from the self-potential data on the southeast side of the dam, also consistent with historical records, though one possible area of focused seepage is identified near the outlet works. Integration of the geophysical surveys, numerical modeling, and observation well data provides a framework for better understanding seepage at the site through a combined hydrogeophysical approach

Effect of High-Dose Simvastatin on Cerebral Blood Flow and Static Autoregulation in Subarachnoid Hemorrhage

Statins may promote vasodilation following subarachnoid hemorrhage (SAH) and improve the response to blood pressure elevation. We sought to determine whether simvastatin increases cerebral blood flow (CBF) and alters the response to induced hypertension after SAH

Neurons of origin and fiber trajectory of amygdalofugal projections to the medial preoptic area in syrian hamsters

The amygdaloid neurons of origin and the trajectory of amygdaloid fibers to the medial preoptic area of the adult male Syrian hamster were identified by using horseradish peroxidase (HRP) histochemistry. After iontophoresis of HRP into the medial preoptic area, retrogradely labeled amygdaloid neurons were located in the dorsal and caudal parts of the medial amygdaloid nucleus and throughout the amygdalohippocampal area. No amygdaloid neurons were labeled after HRP applications confined to the most rostral portion of the medial preoptic area (anterior to the body of the anterior commissure). Following more caudal medial preoptic area injections (body of the anterior commissure to the suprachiasmatic nucleus) the distribution of retrogradely labeled cells in the medial amygdaloid nucleus and the amygdalohippocampal area revealed no topographic organization of the amygdalopreoptic connections. When amygdaloid neurons were labeled, the amygdalohippocampal area contained two to five times as many HRP-filled cells as the medial amygdaloid nucleus. Retrogradely transported HRP could be followed from the medial preoptic area to the amygdala through fibers in the dorsomedial quadrant of the stria terminalis. In addition, electrolytic lesions of the stria terminalis prior to iontophoresis of HRP into the medial preoptic area prevented retrograde transport to neurons in both the dorsocaudal medial amygdaloid nucleus and the amygdalohippocampal area. These results confirm earlier observations describing the location of autoradiographically labeled efferents from the medial amygdaloid nucleus to the medial preoptic area and provide new information about the restricted region within the medial amygdaloid nucleus from which these projections arise. They also suggest that, unlike the projections from the medial amygdaloid nucleus to the bed nucleus of the stria terminalis, the efferents to the medial preoptic area travel entirely in the stria terminalis.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/50043/1/902800106_ftp.pd

Synthesis and Structure of Solution-Stable One-Dimensional Palladium Wires

One-dimensional metal wires are valuable materials because of their optical and electronic anisotropy, and they have potential utility in devices such as photovoltaic cells and molecular sensors. However, despite more than a century of research, only a few examples exist of well-defined one-dimensional (1D) metal wires that allow for the rational variation of conductivity. Herein we describe the first examples of 1D molecular wires supported by Pd–Pd bonds, the thin-film conductive properties of which can be altered by controlled molecular changes. Wires based on Pd(III) give semiconducting films with a modifiable bandgap, whereas wires based on Pd(2.5) give films that display metallic conductivity above 200 K: a metallic state has not been reported previously for any polymer composed of 1D metal wires. The wires are infinite in the solid state and maintain 1D structures in solution with lengths of up to 750 nm. Solution stability enables thin film coating, a requisite for device fabrication using molecular wires.Chemistry and Chemical Biolog

Stria terminalis lesions alter the temporal pattern of copulatory behavior in the male golden hamster

The mating behavior of a group of male golden hamsters was observed before and after bilateral electrolytic lesions or knife cuts interrupting the stria terminalis (ST). Whereas males with bilateral lesions of the medial nucleus of the amygdala had previously been observed to stop mating, a majority of hamsters with bilateral ST destruction, whether by electrolytic lesions or knife cuts, continued to display mounts, intromissions, and ejaculations during tests over a two month postoperative period. ST-lesioned males did, however, display a distinctly altered pattern of copulation over the course of postoperative testing, consisting of an increase in mount latency during the first week, an increase in the inter-intromission interval during the second week, and an increase in the number of intromissions preceding ejaculation during the third and subsequent weekly tests. Males with bilateral lesions of the caudal amygdala, which damaged the amygdaloid exit of the ST, displayed alterations in copulatory behavior similar to those seen after bilateral ST destruction at a more rostral level.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/25252/1/0000695.pd

Winds of Change – Predicting Water-Based Recreationists\u27 Support and Opposition for Offshore Wind Energy Development in the Great Lakes

This study examined the factors influencing water-based recreationists\u27 perceptions of support and opposition towards off-shore wind energy development (OWD) on Lake Erie. Much of the proposed or future Lake Erie OWD infrastructure may either be within or adjacent to public lands, waters, and protected areas, raising concerns about the potential environmental and social impacts upon recreation stakeholders. The limited body of OWD research within the United States has suggested there are numerous factors that may influence overall perceptions of support and opposition such as political orientation and beliefs in climate change. Moreover, recent research has proposed that the perceived recreation impact of OWD may be the most important predictor of support and opposition. This study confirmed this premise and found the perceived recreation impact of OWD to be the strongest predictor of support. Results of a multiple linear regression suggested that political orientation (β = 0.135), beliefs in the anthropogenic causation of climate change (β = 0.207), beliefs in the occurrence of climate change (β = 0.213), and the perceived recreation impact of OWD among water-based recreationists (β = 0.439) were significant predictors of support for OWD on Lake Erie (R2 = 0.46). Study findings corroborated previous research which suggested that regional climate change beliefs and political attitudes may influence support for OWD. From a policy and management standpoint, study results highlight the importance of assessing and communicating recreation experience and use impacts when planning, developing, and managing OWD and related decisions in the United States