The Retroactive Application of the Antidumping Act of 1921

In 1921, the United States Congress enacted the Antidumping Act which provides for the imposition of dumping duties on imports sold to United States merchants at prices below their fair value. The Act permits the assessment of dumping duties retroactively on merchandise imported up to one hundred and twenty days before a complaint of dumping has been filed with the Commissioner of Customs. Mr. Johnson examines the retroactive provisions of the Act and its regulations, the case law surrounding those provisions, and the constitutionality of the provisions. Against this background, he concludes that the retroactive application of the Act, particularly with regard to the period prior to the withholding of appraisement, is not onlyunfair to importers and inconsistent with U.S. free trade policy, but also in violation of the due process and equalprotection clauses of the U. S. Constitution

The Retroactive Application of the Antidumping Act of 1921

In 1921, the United States Congress enacted the Antidumping Act which provides for the imposition of dumping duties on imports sold to United States merchants at prices below their fair value. The Act permits the assessment of dumping duties retroactively on merchandise imported up to one hundred and twenty days before a complaint of dumping has been filed with the Commissioner of Customs. Mr. Johnson examines the retroactive provisions of the Act and its regulations, the case law surrounding those provisions, and the constitutionality of the provisions. Against this background, he concludes that the retroactive application of the Act, particularly with regard to the period prior to the withholding of appraisement, is not onlyunfair to importers and inconsistent with U.S. free trade policy, but also in violation of the due process and equalprotection clauses of the U. S. Constitution

Enter Sandman: The Viability of Environmental Personhood to US Soil Conservation Efforts

The US agricultural system relies on healthy soil for economic and environmental stability. The federal government established soil conservation efforts following the Dust Bowl, and state and local entities later developed legal tools to supplement soil conservation. These efforts, however, are insufficient to protect the nation\u27s soil in the face of a changing climate. Conservation techniques are available that could substantially mitigate the effects of climate change, but the federal government lacks the tools to encourage their uniform adoption. The rigidity of prior state efforts, moreover, has disabled some landowners from adapting conservation lands to modern challenges. This Note recommends that US conservationists utilize environmental personhood--a legal tool already adopted by other nations--to implement and enforce new conservation techniques that could both mitigate climate change and protect the nation\u27s soil from its adverse effects

Quantification of the Individual Characteristics of the Human Dentition

The considerations for admissibility suggested by the Daubert trilogy challenge forensic experts to provide scientific support for opinion testimony. The defense bar has questioned the reliability of bitemark analysis. Under an award from the U. S. Department of Justice, via the Midwest Forensic Resource Center, a two-year feasibility study was undertaken to quantify six dental characteristics. Using two computer programs, the exemplars of 419 volunteers were digitally scanned, characteristics were measured, and frequency was calculated. The study demonstrates that there were outliers or rare dental characteristics in measurements. An analysis of the intra-observer and inter-observer consistency demonstrated a high degree of agreement. Expansion of the sample size through collaboration with other academic researchers will be necessary to be able to quantify the occurrence of these characteristics in the general population. The automated software application, Tom\u27s Toolbox, developed specifically for this research project, could also provide a template for precisely quantifying other pattern evidence

Effect of Energy and Protein on Reproductive Performance in Beef Cattle

Beef cattle rank first in cash receipts in 21 states and are among the top five income-producing agricultural commodities in 47 of the 50 states. Estimated losses from infertility in cattie exceed by more than 5X the cost of the next most costly bovine disease problem. The 37 million beef cows in the U.S. in 1978 weaned only 27.4 million calves, or 74% of the total possible. The goal of beef cow/calf production is to maximize the net calf crop--the pounds of calf produced per cow in the herd--in the most economical manner possible. Many factors influence productivity, but one of the keys is to achieve a high level of reproductive performance, and a very important part of successfully accomplishing this is a sound nutrition program