66,731 research outputs found
Is there a diel pattern to nectar secretion in the Red Bloodwood Corymbia gummifera?
Nectar secretion was measured at 6-h intervals over a 24-h period in flowers of the Red Bloodwood, Corymbia gummifera (family Myrtaceae). Secretion varied among time periods and among trees. There was no clear diurnal or nocturnal pattern. Flowers produced 0.5–3 µl of dilute nectar (9% concentration) per hour throughout the diel cycle. Standing crops of nectar averaged 1–12.6 µl per flower and also varied temporally and spatially. Flowers were visited by a wide array of nectarivores: insects, birds, gliding possums and bats. Although it is likely that these visitors vary considerably in their effectiveness as pollinators, it would appear that Corymbia gummifera has a generalised pollination system
The Psychosocial Effects of the Li-Fraumeni Education and Early Detection (LEAD) Program on Indivdiuals with Li-Fraumeni Syndrome
Li-Fraumeni syndrome (LFS) is a hereditary cancer syndrome that leads to an increased risk of multiple cancers. In the past five years new screening protocols have been developed that provide improved screening options for individuals with LFS. However, very little has been published on the psychosocial impact of these screening protocols. The goals of this study were to determine how participation in screening impacts individuals psychosocially, to examine the benefits and drawbacks of screening, and to evaluate possible barriers to continued screening. This qualitative study consisted of phone interviews with 20 individuals that took part in an LFS screening program at M.D. Anderson Cancer Center. Data analysis showed that benefits of screening include early detection, peace of mind, centralized screening, knowledge providing power, and screening making LFS seem more livable. Perceived drawbacks included logistical issues, difficulty navigating the system, screening being draining, and significant negative emotional reactions such as anxiety, fear, and skepticism. Regardless of the emotions that were present, 100% of participants plan on continuing screening in the program. Our data indicates that the perceived benefits of screening outweigh the drawbacks of screening. Individuals in this screening program appear to have improved psychosocial well-being because of their access to the screening program
Recent Solar Measurements Results at the Parabolic Dish Test Site
After the Mexican volcanic eruptions of March 28, April 3 and 4, 1982, the question of its effect on insolation levels at the Parabolic Dish Test Site (PDTS) naturally arose. Clearly, the answer to the original question is that the Mexican volcanic explosion had a significant impact on energy and insolation levels at the PDTS and, furthermore, it has been quite long lasting. The first really significant decrease in energy and insolation levels occurred in June 1982 when the energy level decreased by 19.7% while the peak insolation levels went down by 4.0%. June of 1982 was also the first month (of 13 consecutive months) when peak insolation levels did not equal or exceed 1,000 W/sq m. Signs of a recovery from the effects of the volcanic explosion began to appear in May of 1983, when the energy level exceeded that of May 1981 as well as May 1982. It would appear that energy and insolation levels are improving at the PDTS, but have not quite reached normal or pre-volcanic levels. At this time the data would seem to suggest a return to normal energy and insolation levels will occur in the very near future
[Un]happy Together: Why the Supremacy Clause Preempts State Law Digital Performance Rights in Radio-Like Streaming of Pre-1972 Sound Recordings
Lovers of the music of Frank Sinatra, Elvis Presley, Etta James, and hundreds of other recording artists whose records were made before February 15, 1972, may soon have a hard time hearing these great artists on any satellite or Internet radio service. Recently, two federal district courts have found that state laws were violated when satellite radio broadcaster Sirius XM Radio included pre-1972 sound recordings in its broadcasts without the owners’ permission, but these courts did not consider-–and the parties did not argue-–how the Supremacy Clause applies to those state law claims. This article argues that state laws purporting to grant digital performance rights to pre-1972 sound recordings are necessarily preempted by the Supremacy Clause of the United States Constitution.
This article contends that enforcement of those state laws would create a serious obstacle to “the accomplishment and execution of the full purposes and objectives of Congress” in enacting the Digital Performance Right in Sound Recordings Act of 1995 (“DPRA”). The DPRA reflects Congress’ careful balancing of interests and recognition of the need for an easily administrable system of licensing, which Congress established through a complex and comprehensive compulsory licensing system. The Supremacy Clause thus preempts all state laws purporting to require licenses for digital performance rights or payment of royalties for the use of such rights by Internet or satellite radio stations beyond what is expressly provided for in the compulsory licensing system established by the DPRA, because permitting countless owners of individual pre-1972 sound recordings to assert claims for royalties and other damages outside of the compulsory licensing system would frustrate Congress’ goals in establishing that system.
Part I of this article provides a brief overview of the federal rights at issue and the (very) brief history of performance rights in sound recordings, noting the absence of any express state law recognition of a performance right in sound recordings throughout most of the 20th century (other than short-lived decisions in two states over seventy-five years ago that focused on notices stamped on records purporting to prohibit a purchaser’s use of sound recordings on radio rather than a true performance right). It is only in very recent cases that courts in New York and California have recognized state law performance rights. However, they did so without considering Supremacy Clause preemption or how any state law performance rights might conflict with the federal statutory compulsory license regime established by the DPRA.
Part II of the article explains the relevant legislative history and provisions of the DPRA governing the comprehensive licensing system. That statutory license and rules governing it were established to provide an efficient mechanism for digital Internet and satellite radio services to operate in compliance with their legal obligations. In Part III, the article explains Supremacy Clause doctrine and distinguishes the Supreme Court’s opinion in Goldstein v. California, which rejected a Supremacy Clause challenge to a state record piracy law in 1973. It demonstrates why neither the Court’s decision in Goldstein nor the language of the Copyright Act’s express preemption clause, which exempts state laws governing pre-1972 sound recordings from statutory preemption, precludes conflict preemption under the Supremacy Clause in the context of digital radio services that are subject to the federal compulsory license.
Part IV of the article acknowledges that preemption of state law protection for digital performances of pre-1972 sound recordings raises equitable concerns, as it leaves some of this nation’s most treasured musical artists uncompensated for use of their works by Internet and satellite streaming services while the authors of more current works are compensated. However, given the delicate balancing that has gone into Congress’ recognition of a limited digital performance right and creation of a compulsory statutory licensing system, any remedy for the inequity to owners of pre-1972 sound recordings must be left to Congress. Allowing individual courts in individual states to craft a patchwork of inconsistent remedies would disrupt the balance struck by Congress and interfere with the functioning of the compulsory license system for digital sound recording performances. This is a result that the Supremacy Clause does not permit
What Have We Learned about the Resource Curse?
Since 2001, hundreds of academic studies have examined the “resource curse, ” meaning the claim that natural resource wealth tends to perversely affect a country’s governance. There is now robust evidence that one type of mineral wealth, petroleum, has at least three harmful effects: it tends to make authoritarian regimes more durable, to increase certain types of corruption, and to help trigger violent conflict in low and middle income countries. Scholars have also made progress toward understanding the mechanisms that lead to these outcomes, and the conditions that make them more likely. This essay reviews the evidence behind these claims, the debates over their validity, and some of the unresolved puzzles for future research.
Administering Suspect Classes
It has been over forty years since the Supreme Court declared a class suspect under the Equal Protection Clause. In that time, the Court has denied suspect-class status—and the special judicial protections associated with it—to the elderly, the disabled, and the poor, and it has avoided suspect-class determinations when addressing laws that discriminate against members of the LGBTQ community. Administrative agencies, however, have stepped in to provide marginalized groups with some protections through their interpretation of civil rights laws. The Court has shown hostility to those agency interpretations, often in opaque decisions that seem to rest on principles of judicial supremacy as much as substantive constitutional principles.
This Article argues that the Court’s hostility to agencies’ role in this area is misguided. Courts should defer to administrative agencies when they protect suspect classes on the basis of reasonable interpretations of civil rights statutes. The principle of judicial supremacy is not relevant: the Court’s abandonment of suspect classes appears driven by the Justices’ concern that the judiciary is intervening too much into the political process rather than a genuine belief that the groups in question do not qualify for suspect status. Given that this court-centered institutional concern does not apply to agencies, it is entirely appropriate for administrative officials to step in to fill the gap in protecting vulnerable minorities. Further, agencies are better positioned than other institutions to calibrate the protection of groups according to the societal context and the need for intervention
Direct oxidation of strong waste waters, simulating combined wastes in extended-mission space cabins
The applications of modern technology to the resolution of the problem of solid wastes in space cabin environments was studied with emphasis on the exploration of operating conditions that would permit lowering of process temperatures in wet oxidation of combined human wastes. It was found that the ultimate degree of degradation is not enhanced by use of a catalyst. However, the rate of oxidation is increased, and the temperature of oxidation is reduced to 400 F
Mark 4-A DSCC (Magellan-era) telemetry system description
An update to the description of the Deep Space Communications Complex portion of the Mark 4-A Telemetry system is given. This system is currently implemented at all signal processing centers. The upgrade of the telemetry system was undertaken primarily in support of the Voyager-Neptune Encounter and the Magellan mission. The Mark 3 Telemetry System is the predecessor of the Mark 4-A system
Cyclic operation of adsorption beds for use in spacecraft life support systems Semiannual report, 15 Dec. 1967 - 15 Jun. 1968
Mathematical model for cyclic mode of operation of carbon dioxide adsorption and recovery in Apollo spacecraft life support syste
Astronaut operations requirements document for the White Light Coronagraph experiment s-052 for the Apollo Telescope Mount
Information necessary for successful performance of the observer's function in the White Light Coronagraph portion of the Apollo Telescope Mount experiments is presented. The pre-flight, in-flight, and post-flight operations required to perform the S-052 experiment are described. A discussion of the scientific objectives of the experiment and a description of the hardware are provided
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