8,587 research outputs found

    News-Source Privilege in Libel Cases: A Critical Analysis

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    This comment first examines the recent cases in which a libel plaintiff was impeded by the use of a qualified privilege from obtaining the identity of news sources behind an allegedly defamatory story. It next discusses the historical development of the constitutional news-source privilege and concludes that neither traditional first amendment press clause doctrine nor the United States Supreme Court\u27s decision in Branzburg v. Hayes is authority for such a privilege. This comment then points out that courts which nonetheless recognize a constitutional news-source privilege in civil cases have given the same protection to all sources, regardless of the publication\u27s news-gathering value, at the expense of libel plaintiffs. These courts, in reaching their decisions, also have rarely considered the need or expectation of the source for confidentiality. This comment endorses source protection as necessary under certain circumstances. It proposes, however, that such protection be based on Rule 26(c) of the Federal Rules of Civil Procedure or its equivalent in a given jurisdiction. Rule 26(c), a discovery rule, gives a court discretion to protect parties and other persons from annoyance, embarrassment, oppression, or undue burden or expense. The use of a court\u27s discretionary power will, unlike the use of the qualified constitutional privilege, give the court more flexibility in determining when the need of libel plaintiffs to know the source of reports damaging to their reputations outweighs the need to protect the confidentiality of news sources

    THE TAXONOMIC STATUS OF THE WYOMING TOAD, BUFO BAXTERI PORTER

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    The population of toads in southeastern Wyoming named Bufo hemiophrys baxteri by Porter in 1968 is presumed to be extinct in nature, except perhaps for released, captive-bred specimens. It is sufficiently distinct in several respects, and sufficiently isolated geographically from its nearest rela- tive, B. h. hemiophrys, that it should be regarded as a distinct species, forming a superspecies group with B. hemiophrys

    Orbitofrontal epilepsy: Electroclinical analysis of surgical cases and literature review

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    Clinical and electrographic data were reviewed on 2 of our patients with orbitofrontal epilepsy who were seizure free at 5-year follow-up, and on 2 similar patients from the literature. One of our patients was lesional, and the other was nonlesional. Interictal EEG discharges were lateralized to the side of invasively recorded orbitofrontal seizures in the nonlesional case. In this case, no clinical manifestations occurred until the orbitofrontal discharge had spread to the opposite orbitofrontal and both mesial temporal areas. Unresponsiveness or arrest of activity were the initial manifestations of complex partial seizures in both cases. The 2 cases from the literature with long-term seizure-free follow-up had little impairment of awareness and displayed vigorous motor automatisms. Interictal epileptiform activity was bifrontally synchronous in 1 case. Ipsilateral frontotemporal discharges were seen in both. Invasive ictal epileptiform activity appeared maximal in the ipsilateral orbitofrontal region in both patients. No consistent electrographic or clinical pattern characterized these 4 cases. Seizures of orbitofrontal origin may be characterized by either unresponsiveness associated with oroalimentary automatisms or limited alteration of awareness and associated with vigorous motor automatisms. Invasive monitoring of the orbitofrontal cortex should be considered in nonlesional cases with complex partial seizures that show nonlocalizing ictal patterns and interictal frontal or frontotemporal epileptiform discharges. Copyright (C) 2004 S. Karger AG, Basel

    Computation of aircraft component flow fields at transonic Mach numbers using a three-dimensional Navier-Stokes algorithm

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    A computer analysis was developed for calculating steady (or unsteady) three-dimensional aircraft component flow fields. This algorithm, called ENS3D, can compute the flow field for the following configurations: diffuser duct/thrust nozzle, isolated wing, isolated fuselage, wing/fuselage with or without integrated inlet and exhaust, nacelle/inlet, nacelle (fuselage) afterbody/exhaust jet, complete transport engine installation, and multicomponent configurations using zonal grid generation technique. Solutions can be obtained for subsonic, transonic, or hypersonic freestream speeds. The algorithm can solve either the Euler equations for inviscid flow, the thin shear layer Navier-Stokes equations for viscous flow, or the full Navier-Stokes equations for viscous flow. The flow field solution is determined on a body-fitted computational grid. A fully-implicit alternating direction implicit method is employed for the solution of the finite difference equations. For viscous computations, either a two layer eddy-viscosity turbulence model or the k-epsilon two equation transport model can be used to achieve mathematical closure

    Beef Reproductive Technology Adoption- Impact of Production Risk and Capitals

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    Agriculture, Beef, Artificial insemination, Estrus synchronization, Social capital, Production risk, Technology adoption, Farm Management,

    Cow-Calf Producer Interest in Retained Ownership

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    The beef industry’s share of domestic meat demand continues to decline, as increasing vertical coordination in pork and poultry contribute to these industries’ ability to offer convenient, consistent, and less expensive products. For such vertical coordination to be effective, incentives must be properly aligned so that those responsible for making the most important investments for system profitability are appropriately compensated. This study demonstrates that cow-calf producers who invest in quality registered cattle and those who are interested in incorporating feedlot and carcass data into herd management decisions are also more interested in retained ownership.beef cattle, property rights theory, retained ownership, Livestock Production/Industries, Marketing, Q13,

    Sod-Busting and Sage Grouse: Estimating Historical Impacts and Planning for the Future

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    A conservation strategy for Greater sage grouse (Centrocercus urophasianus) in the Great Plains, where conversion of native rangeland to cropland is an accelerating agent of land use change, must anticipate impacts of future sod-busting on populations. We use resource selection functions (RSF) to estimate the scale and magnitude of the effect of sod-busting on the distribution of sage-grouse leks in the Great Plains Management Zone and estimate impacts of future cropland expansion. Active leks were used to develop a distribution envelope based on topographic and climatic variables from which random pseudo-absences were drawn to fit a used-available RSF. Models with proportion cropland at scales from 800 m to 8.5 km were compared using AICc to determine the most supported scale at which cropland influences lek occurrence. Finally, we develop a buildout scenario based on a cropland suitability model to estimate potential impacts of future sod-busting on known leks. Negative effects of cropland on lek occurrence were evident at all scales tested. The 6.4 km scale was most supported, and impacts were severe, with the relative probability of lek occurrence falling by 50% when about 20 percent of the landscape within 6.4 km was in cropland. These results, which highlight the large scale and magnitude of impacts of cropland on sage grouse populations, are needed to evaluate the potential contribution of conservation easements and land-use policy to local and range-wide sage-grouse conservation goals. Population-level benefits of targeted conservation implementation are explored
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