113 research outputs found

    The Buffalo River: A Jurisprudence of Preservation

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    Values in Transition: The Chiricahua Apache from 1886-1914

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    Law confirms but seldom determines the course of a society. Values and beliefs, instead, are the true polestars, incrementally implemented by the laws, customs, and policies. The Chiricahua Apache, a tribal society of hunters, gatherers, and raiders in the mountains and deserts of the Southwest, were squeezed between the growing populations and economies of the United States and Mexico. Raiding brought response, reprisal, and ultimately confinement at the loathsome San Carlos Reservation. Though most Chiricahua submitted to the beginnings of assimilation, a number of the hardiest and least malleable did not. Periodic breakouts, wild raids through New Mexico and Arizona, and a labyrinthian, nearly impenetrable sanctuary in the Sierra Madre led the United States to an extraordinary and unprincipled overreaction. The entire tribe was removed for the deeds of the renegades and were held, with both the raiders and the Army scouts, as prisoners of war for twenty-seven years. The impact of confinement in Florida, Alabama, and Oklahoma led ultimately to a splintering of the tribe. This article follows the history, the unprecedented preemptive force by the United States, the survival but ultimate division of the tribe, and the role of value in all the processes. Three seminal Apache figures - Geronimo, Asa Daklugie, and Jason Betzinez, all of whom produced autobiographies - provide focus on the common and divergent values and their confirmation in the evolving law and politics

    Individual Aboriginal Rights

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    This Article will, in Section I, deal with the legal development of the concept of individual aboriginal rights. It will focus on the Western Shoshone land claims before the Indian Claims Commission, and the federal government\u27s trespass claims against the ranching operations of the redoubtable, irrepressible Dann sisters. Section II will explore the development and utilization of the doctrine of individual aboriginal rights in a series of cases involving the Dann sisters, subsequent Western Shoshone, and other efforts by native people to secure subsistence hunting and fishing rights and possession of or access to sacred sites. Section III will explore some related concepts in western public land law. This Section suggests that custom, prescription, access under nineteenth century self-executing right of way statutes, regulatory efforts, and administrative accommodation have provided at least some protection for the access of tribal peoples to sacred sites. Section IV will speculate about the future expansion of such efforts, and explore the possibility that the growth of colorblind equal protection doctrine will spread into the area of Indian law and threaten what Charles Wilkinson has called the measured separatism of tribal sovereignty and property

    Anasazi Jurisprudence

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    Developing Physical Exam Skills in Residency: Comparing the Perspectives of Residents and Faculty about Values, Barriers, and Teaching Methods

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    Background: The physical examination (PE) skills of residents are often not improved since medical school. Unfortunately, how residents learn PE is not well understood. There is a paucity of research on the factors involved and the differences between resident and faculty perspectives. The authors sought to determine resident and faculty perceptions about the value of PE, the major barriers to learning PE, and the most effective teaching methods. Methods: Based on a rigorous process of literature review and semi-structured interviews, the authors developed an online survey which was sent to 406 internal medicine residents and 93 faculty at 3 institutions. Residents and faculty answered questions about both their own opinions and about their perception of the other group’s opinions. Results: About 283 residents (70%) and 61 faculty (66%) completed the survey. Both residents and faculty rated the importance of PE similarly. Residents rated being too busy, followed by a lack of feedback, as the most significant barriers to learning PE. Faculty rated a lack of feedback, followed by a lack of resident accountability, as the most significant barriers. Both groups rated the availability of abnormal findings as the least significant barrier. Both groups agreed that faculty demonstration at the bedside was the most effective teaching method. Conclusion: This survey can serve as a needs assessment for educational interventions to improve the PE skills of residents by focusing on areas of agreement between residents and faculty, specifically faculty demonstration at the bedside combined with feedback about residents’ skills

    Evaluating the Effectiveness of Undergraduate Clinical Education Programs

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    Medical schools should use a variety of measures to evaluate the effectiveness of their clinical curricula. Both outcome measures and process measures should be included, and these can be organized according to the four-level training evaluation model developed by Donald Kirkpatrick. Managing evaluation data requires the institution to employ deliberate strategies to monitor signals in real-time and aggregate data so that informed decisions can be made. Future steps in program evaluation includes increased emphasis on patient outcomes and multi-source feedback, as well as better integration of existing data sources

    Frontiers, Opportunities, and Challenges in Biochemical and Chemical Catalysis of CO_2 Fixation

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    Two major energy-related problems confront the world in the next 50 years. First, increased worldwide competition for gradually depleting fossil fuel reserves (derived from past photosynthesis) will lead to higher costs, both monetarily and politically. Second, atmospheric CO_2 levels are at their highest recorded level since records began. Further increases are predicted to produce large and uncontrollable impacts on the world climate. These projected impacts extend beyond climate to ocean acidification, because the ocean is a major sink for atmospheric CO2.1 Providing a future energy supply that is secure and CO_2-neutral will require switching to nonfossil energy sources such as wind, solar, nuclear, and geothermal energy and developing methods for transforming the energy produced by these new sources into forms that can be stored, transported, and used upon demand

    Crop pests and predators exhibit inconsistent responses to surrounding landscape composition

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    The idea that noncrop habitat enhances pest control and represents a win–win opportunity to conserve biodiversity and bolster yields has emerged as an agroecological paradigm. However, while noncrop habitat in landscapes surrounding farms sometimes benefits pest predators, natural enemy responses remain heterogeneous across studies and effects on pests are inconclusive. The observed heterogeneity in species responses to noncrop habitat may be biological in origin or could result from variation in how habitat and biocontrol are measured. Here, we use a pest-control database encompassing 132 studies and 6,759 sites worldwide to model natural enemy and pest abundances, predation rates, and crop damage as a function of landscape composition. Our results showed that although landscape composition explained significant variation within studies, pest and enemy abundances, predation rates, crop damage, and yields each exhibited different responses across studies, sometimes increasing and sometimes decreasing in landscapes with more noncrop habitat but overall showing no consistent trend. Thus, models that used landscape-composition variables to predict pest-control dynamics demonstrated little potential to explain variation across studies, though prediction did improve when comparing studies with similar crop and landscape features. Overall, our work shows that surrounding noncrop habitat does not consistently improve pest management, meaning habitat conservation may bolster production in some systems and depress yields in others. Future efforts to develop tools that inform farmers when habitat conservation truly represents a win–win would benefit from increased understanding of how landscape effects are modulated by local farm management and the biology of pests and their enemies
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