515 research outputs found
Short and long distance translocations: Movement and survival in eastern box turtles (_Terrapene carolina carolina_)
*Background/Question/Methods*

Human development represents a serious threat to wildlife populations through continued habitat loss and incidental mortality from construction activities. Resource managers responsible for protecting species with legal status or high public profile are faced with difficult decisions on how to best manage populations located in construction zones. One approach to mitigate mortalities is to relocate individuals. The effectiveness of translocation for reptiles and amphibians has been questioned, with studies often reporting higher mortality and increased movements of translocated individuals. Translocations of reptiles and amphibians have primarily involved moving animals long distances, well beyond an individual’s home range. For reptiles this means finding new nesting, foraging, and overwintering sites, which may be problematic. Moving individuals only short distances, within their home range, may reduce those problems. As part of the mitigation plan for a highway construction project in central Maryland, groups of eastern box turtles (Terrapene carolina carolina) were translocated both short distances (<0.5km), and long distances (~5km). To investigate differences in survival and movement patterns among long distance translocation, short distance translocation, and non-translocation groups, I tracked 94 turtles (31 long distance translocation, 29 short distance translocation, and 34 non-translocation) using radio telemetry. 

*Results/Conclusions*

Eleven animals died during the first activity season after translocation (April through November 2008). The mortalities included two long distance translocation, six short distance translocation, and three non-translocation animals. The causes of mortality included road kill, construction activity, and unknown (1, 4, and 6 mortalities respectively). All construction related mortalities were a result inadequate exclusion fencing to keep turtles from trespassing back onto the construction site. All mortalities due to construction were either non-translocation or short distance translocation animals. Eleven other individuals were located at least once within the construction zone, suggesting that without our intervention mortality rates would have been much higher. Preliminary results for movement show that turtles in the non-translocation group had the lowest average movements while long distance translocation animals had the greatest average movements. Long distance translocation turtles also chose overwintering sites farther away from their initial overwintering sites than either short distance translocation or non-translocation turtles (average distance from original site of 261.8m, 155.6m, and 124.3m respectively). This suggests that movement patterns of short distance translocation turtles are more like native turtles.

Rethinking Adversariness in Nonjury Criminal Trials
This Article argues that when the jury is withdrawn from the common law criminal trial, the accused suffers an adversarial deficit. This deficit occurs because many of the procedural devices built into the trial process -- particularly those designed to provide the defendant with a meaningful opportunity to contest the case against him and to ensure that any determination of guilt is based solely on the evidence adduced in the courtroom -- are predicated on the existence of a decision-making body that comes cold to the contest, devoid of extraneous knowledge concerning the facts of the case or the relevant principles of law. The authors contend that a number of important changes must be made to procedures in nonjury cases to correct for this deficit and thus to make certain that basic adversary principles are preserved in the nonjury setting
Rethinking Adversariness in Nonjury Criminal Trials
This Article argues that when the jury is withdrawn from the common law criminal trial, the accused suffers an adversarial deficit. This deficit occurs because many of the procedural devices built into the trial process -- particularly those designed to provide the defendant with a meaningful opportunity to contest the case against him and to ensure that any determination of guilt is based solely on the evidence adduced in the courtroom -- are predicated on the existence of a decision-making body that comes cold to the contest, devoid of extraneous knowledge concerning the facts of the case or the relevant principles of law. The authors contend that a number of important changes must be made to procedures in nonjury cases to correct for this deficit and thus to make certain that basic adversary principles are preserved in the nonjury setting
An Unsettling Outcome: Why the Florida Supreme Court was Wrong to Ban all Settlement Evidence in Saleeby v. Rocky Elson Construction, Inc., 3 So. 3d 1078 (Fla. 2009)
An Unsettling Outcome: Why the Florida Supreme Court Was Wrong to Ban All Settlement Evidence in \u3ci\u3eSaleeby v Rocky Elson Construction, Inc.\u3c/i\u3e, 3 So. 3d 1078 (Fla. 2009)
It is rare that a court as sophisticated as the Florida Supreme Court casually makes a fundamental mistake in an important area of the law. Unfortunately, Saleeby v. Rocky Elson Construction, Inc., 3 So. 3d 1078 (Fla. 2009) represents one of these unusual instances. The Court was faced with a simple question: may evidence pertaining to a prior settlement be offered at trial when it is relevant to something other than liability or the invalidity or amount of the pending claim. The universal answer under both federal law and the law of other states is yes, as long as the probative value of the evidence outweighs its prejudicial impact. In Saleeby, the Florida Supreme Court held that the answer is a resounding “no.” The result could be a miscarriage of justice – for instance, in a case in which a witness’s testimony is effectively “purchased” through an overly generous settlement, but the fact-finder will be prevented by the Saleeby holding from finding this out
An Unsettling Outcome: Why the Florida Supreme Court Was Wrong to Ban All Settlement Evidence in \u3ci\u3eSaleeby v Rocky Elson Construction, Inc.\u3c/i\u3e, 3 So. 3d 1078 (Fla. 2009)
It is rare that a court as sophisticated as the Florida Supreme Court casually makes a fundamental mistake in an important area of the law. Unfortunately, Saleeby v. Rocky Elson Construction, Inc., 3 So. 3d 1078 (Fla. 2009) represents one of these unusual instances. The Court was faced with a simple question: may evidence pertaining to a prior settlement be offered at trial when it is relevant to something other than liability or the invalidity or amount of the pending claim. The universal answer under both federal law and the law of other states is yes, as long as the probative value of the evidence outweighs its prejudicial impact. In Saleeby, the Florida Supreme Court held that the answer is a resounding “no.” The result could be a miscarriage of justice – for instance, in a case in which a witness’s testimony is effectively “purchased” through an overly generous settlement, but the fact-finder will be prevented by the Saleeby holding from finding this out
Des(1–3)IGF-1 Treatment Normalizes Type 1 IGF Receptor and Phospho-Akt (Thr 308) Immunoreactivity in Predegenerative Retina of Diabetic Rats
Little is known about interventions that may prevent predegenerative changes in the diabetic retina. This study tested the hypothesis that immediate, systemic treatment with an insulin-like growth factor (IGF)-1 analog can prevent abnormal accumulations of type 1 IGF receptor, and phospho-Akt (Thr 308) immunoreactivity in predegenerative retinas of streptozotocin (STZ) diabetic rats. Type 1 IGF receptor immunoreactivity increased approximately 3-fold in both inner nuclear layer (INL) and ganglion cell layer (GCL) in retinas from STZ rats versus nondiabetic controls. Phospho-Akt (Thr 308) immunoreactivity increased 5-fold in GCL and 8-fold in INL of STZ rat retinas. In all cases, immunoreactive cells were significantly reduced in STZ des(1–3)IGF-1–treated versus STZ rats. Preliminary results suggested that vascular endothelial growth factor (VEGF) levels may also be reduced. Hyperglycemia/ failure of weight gain in diabetic rats continued despite systemic des(1–3)IGF-1. These data show that an IGF-1 analog can prevent early retinal biochemical abnormalities implicated in the progression of diabetic retinopathy, despite ongoing hyperglycemia
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Batch and column studies of adsorption of Li, Ni and Br by a reference sand for contaminant transport experiments
A processed quartz sand (Wedron 510), mined from the St. Peter sandstone, has been characterized by a variety of chemical and physical methods for use as a reference porous media in transport model validation experiments. Wedron 510 sand was used in an intermediate-scale experiment involving migration of Ni, Li and Br through a 6-m high x 3-m diameter caisson. Ni and Li adsorption/desorption, and Li/Ni site-competition experiments yielded information on the importance of the trace mineral phases to adsorption of Li and Ni by the sand. The presence of an iron hydroxide coating similar to goethite on the sand grains is suggested by visual observation and leaching experiments. Kaolinite was identified by SEM and XRD as a significant trace mineral phase in the sand and occurs as small particles coating the sand grains. Quartz, the predominant constituent of the sand by weight, does not appear to contribute significantly to the adsorption properties of the sand. Qualitatively, the adsorption properties of the sand can be adequately modeled as a two-mineral system (goethite and kaolinite). The studies described in this report should provide a basis for understanding transport of Ni, Li and Br through porous media similar to the reference sand. Techniques were developed for obtaining parameter values for surface complexation and kinetic adsorption models for the sand and its mineral components. These constants can be used directly in coupled hydrogeochemical transport codes. The techniques should be useful for characterization of other natural materials and elements in high-level nuclear waste in support of coupled hydrogeochemical transport calculations for Yucca Mountain
Radiocarbon Evidence for the Importance of Surface Vegetation on Fermentation and Methanogenesis in Contrasting Types of Boreal Peatlands
We found a consistent distribution pattern for radiocarbon in dissolved organic carbon (DOC), dissolved inorganic carbon (DIC), and methane replicated across spatial and temporal scales in northern peatlands from Minnesota to Alaska. The 14C content of DOC is relatively modern throughout the peat column, to depths of 3 m. In sedge-dominated peatlands, the 14C contents of the products of respiration, CH4 and DIC, are essentially the same and are similar to that of DOC. In Sphagnum- and woody plant-dominated peatlands with few sedges, however, the respiration products are similar but intermediate between the 14C contents of the solid phase peat and the DOC. Preliminary data indicates qualitative differences in the pore water DOC, depending on the extent of sedge cover, consistent with the hypothesis that the DOC in sedge-dominated peatlands is more reactive than DOC in peatlands where Sphagnum or other vascular plants dominate. These data are supported by molecular level analysis of DOC by ultrahigh-resolution mass spectrometry that suggests more dramatic changes with depth in the composition of DOC in the sedge-dominated peatland pore waters relative to changes observed in DOC where Sphagnum dominates. The higher reactivity of DOC from sedge-dominated peatlands may be a function of either different source materials or environmental factors that are related to the abundance of sedges in peatlands
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