2,346 research outputs found

    The Residential Tenant\u27s Right to Freedom of Political Expression

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    This Article outlines the arguments to be made on behalf of residential tenants who display political signs and who encounter threats of eviction, rent increases, and other forms of landlord opposition. In Section II, the Article describes the development of the general principles of constitutional law applicable to disputes between property owners and tenants who wish to use the property owners’ premises as a forum for the expression of the tenants’ ideas and beliefs. Tracing the history of the United States Supreme Court rulings in this area, the authors analyze the waxing and waning of first amendment speech rights, the development of property-based first amendment speech rights, and the recognition of state constitutional free speech rights that are broader than their first amendment counterparts. Section III analyzes the application of freedom of speech principles to disputes between landlords and residential tenants, when the tenants wish to display political signs on the leased property. Section III also presents and analyzes the arguments frequently relied upon by landlords. For the benefit of those tenants residing in states where state constitutional free speech rights have not been liberally construed, the authors discuss the common law property rights of tenants, citing reasons why those rights are superior to the property rights of landlords in the context of disputes over tenant political expression. Finally, in Section IV, the Article concludes with an assessment of the public policy justifications for refusing to enforce contractual waivers (such as rule 13 of the lease in Paulsen v. Seamark) of a tenant’s right to freedom of political expression

    The Residential Tenant\u27s Right to Freedom of Political Expression

    Get PDF
    This Article outlines the arguments to be made on behalf of residential tenants who display political signs and who encounter threats of eviction, rent increases, and other forms of landlord opposition. In Section II, the Article describes the development of the general principles of constitutional law applicable to disputes between property owners and tenants who wish to use the property owners’ premises as a forum for the expression of the tenants’ ideas and beliefs. Tracing the history of the United States Supreme Court rulings in this area, the authors analyze the waxing and waning of first amendment speech rights, the development of property-based first amendment speech rights, and the recognition of state constitutional free speech rights that are broader than their first amendment counterparts. Section III analyzes the application of freedom of speech principles to disputes between landlords and residential tenants, when the tenants wish to display political signs on the leased property. Section III also presents and analyzes the arguments frequently relied upon by landlords. For the benefit of those tenants residing in states where state constitutional free speech rights have not been liberally construed, the authors discuss the common law property rights of tenants, citing reasons why those rights are superior to the property rights of landlords in the context of disputes over tenant political expression. Finally, in Section IV, the Article concludes with an assessment of the public policy justifications for refusing to enforce contractual waivers (such as rule 13 of the lease in Paulsen v. Seamark) of a tenant’s right to freedom of political expression

    The Cost of Dispersal: Predation as a Function of Movement and Site Familiarity in Ruffed Grouse

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    Ecologists often assume that dispersing individuals experience increased predation risk owing to increased exposure to predators while moving. To test the hypothesis that predation risk is a function of movement distance or rate of movement, we used radio-telemetry data collected from 193 ruffed grouse (Bonasa umbellus) during 1996–1999 in southeastern Ohio. Cox’s proportional hazards model was used to examine whether the risk of predation was affected by the rate of movement and site familiarity. We found evidence indicating that increased movement rates may increase the risk of predation for adult birds but not juveniles. We also found juvenile and adult birds inhabiting unfamiliar space were consistently at a much higher risk of predation (three to 7.5 times greater) than those in familiar space. Our results indicate that although movement itself may have some effect on the risk of being preyed upon, moving through unfamiliar space has a much greater effect on risk for ruffed grouse. This supports the hypothesis that increased predation risk may be an important cost of dispersal for birds.This work was funded by the Ohio Department of Natural Resources, Division of Wildlife and supported by the Department of Evolution, Ecology, and Organismal Biology and the Aquatic Ecology Laboratory at the Ohio State University

    Dual Requirement for Yeast hnRNP Nab2p in mRNA poly(A) Tail Length Control and Nuclear Export

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    Recent studies of mRNA export factors have provided additional evidence for a mechanistic link between mRNA 3′‐end formation and nuclear export. Here, we identify Nab2p as a nuclear poly(A)‐binding protein required for both poly(A) tail length control and nuclear export of mRNA. Loss of NAB2 expression leads to hyperadenylation and nuclear accumulation of poly(A)+ RNA but, in contrast to mRNA export mutants, these defects can be uncoupled in a nab2 mutant strain. Previous studies have implicated the cytoplasmic poly(A) tail‐binding protein Pab1p in poly(A) tail length control during polyadenylation. Although cells are viable in the absence of NAB2 expression when PAB1 is overexpressed, Pab1p fails to resolve the nab2Δ hyperadenylation defect even when Pab1p is tagged with a nuclear localization sequence and targeted to the nucleus. These results indicate that Nab2p is essential for poly(A) tail length control in vivo, and we demonstrate that Nab2p activates polyadenylation, while inhibiting hyperadenylation, in the absence of Pab1p in vitro. We propose that Nab2p provides an important link between the termination of mRNA polyadenylation and nuclear export

    Partial Identification of the Average Treatment Effect Using Instrumental Variables: Review of Methods for Binary Instruments, Treatments, and Outcomes

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    Several methods have been proposed for partially or point identifying the average treatment effect (ATE) using instrumental variable (IV) type assumptions. The descriptions of these methods are widespread across the statistical, economic, epidemiologic, and computer science literature, and the connections between the methods have not been readily apparent. In the setting of a binary instrument, treatment, and outcome, we review proposed methods for partial and point identification of the ATE under IV assumptions, express the identification results in a common notation and terminology, and propose a taxonomy that is based on sets of identifying assumptions. We further demonstrate and provide software for the application of these methods to estimate bounds. Supplementary materials for this article are available online

    Fetal Programming of Body Composition, Obesity, and Metabolic Function: The Role of Intrauterine Stress and Stress Biology

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    Epidemiological, clinical, physiological, cellular, and molecular evidence suggests that the origins of obesity and metabolic dysfunction can be traced back to intrauterine life and supports an important role for maternal nutrition prior to and during gestation in fetal programming. The elucidation of underlying mechanisms is an area of interest and intense investigation. In this perspectives paper we propose that in addition to maternal nutrition-related processes it may be important to concurrently consider the potential role of intrauterine stress and stress biology. We frame our arguments in the larger context of an evolutionary-developmental perspective that supports roles for both nutrition and stress as key environmental conditions driving natural selection and developmental plasticity. We suggest that intrauterine stress exposure may interact with the nutritional milieu, and that stress biology may represent an underlying mechanism mediating the effects of diverse intrauterine perturbations, including but not limited to maternal nutritional insults (undernutrition and overnutrition), on brain and peripheral targets of programming of body composition, energy balance homeostasis, and metabolic function. We discuss putative maternal-placental-fetal endocrine and immune/inflammatory candidate mechanisms that may underlie the long-term effects of intrauterine stress. We conclude with a commentary of the implications for future research and clinical practice

    Assessing the molecular genetics of attention networks

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    BACKGROUND: Current efforts to study the genetic underpinnings of higher brain functions have been lacking appropriate phenotypes to describe cognition. One of the problems is that many cognitive concepts for which there is a single word (e.g. attention) have been shown to be related to several anatomical networks. Recently, we have developed an Attention Network Test (ANT) that provides a separate measure for each of three anatomically defined attention networks. RESULTS: In this study we have measured the efficiency of neural networks related to aspects of attention using the ANT in a population of 200 adult subjects. We then examined genetic polymorphisms in four candidate genes (DRD4, DAT, COMT and MAOA) that have been shown to contribute to the risk of developing various psychiatric disorders where attention is disrupted. We find modest associations of several polymorphisms with the efficiency of executive attention but not with overall performance measures such as reaction time. CONCLUSIONS: These results suggest that genetic variation may underlie inter-subject variation in the efficiency of executive attention. This study also shows that genetic influences on executive attention may be specific to certain anatomical networks rather than affecting performance in a global or non-specific manner. Lastly, this study further validates the ANT as an endophenotypic assay suitable for assessing how genes influence certain anatomical networks that may be disrupted in various psychiatric disorders

    Shrub Communities, Spatial Patterns, and Shrub-Mediated Tree Mortality following Reintroduced Fire in Yosemite National Park, California, USA

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    Shrubs contribute to the forest fuel load; their distribution is important to tree mortality and regeneration, and vertebrate occupancy. We used a method new to fire ecology—extensive continuous mapping of trees and shrub patches within a single large (25.6 ha) study site—to identify changes in shrub area, biomass, and spatial pattern due to fire reintroduction by a backfire following a century of fire exclusion in lower montane forests of the Sierra Nevada, California, USA. We examined whether trees in close proximity to shrubs prior to fire experienced higher mortality rates than trees in areas without shrubs. We calculated shrub biomass using demography subplots and existing allometric equations, and we developed new equations for beaked hazel (Corylus cornuta ssp. californica [A. de Candolle] E. Murray) from full dissection of 50 stems. Fire decreased shrub patch area from 15.1 % to 0.9 %, reduced live shrub biomass from 3.49 Mg ha−1 to 0.27 Mg ha−1, and consumed 4.41 Mg ha−1 of living and dead shrubs. Distinct (non-overlapping) shrub patches decreased from 47 ha−1 to 6 ha−1. The mean distance between shrub patches increased 135 %. Distances between montane chaparral patches increased 285 %, compared to a 54 % increase in distances between riparian shrub patches and an increase of 267 % between generalist shrub patches. Fire-related tree mortality within shrub patches was marginally lower (67.6 % versus 71.8 %), showing a contrasting effect of shrubs on tree mortality between this forest ecosystem and chaparral-dominated ecosystems in which most trees are killed by fire

    Modeling plant ranges over 75 years of climate change in California, USA: temporal transferability and species traits

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    Species distribution model (SDM) projections under future climate scenarios are increasingly being used to inform resource management and conservation strategies. A critical assumption for projecting climate change responses is that SDMs are transferable through time, an assumption that is largely untested because investigators often lack temporally independent data for assessing transferability. Further, understanding how the ecology of species influences temporal transferability is critical yet almost wholly lacking. This raises two questions. (1) Are SDM projections transferable in time? (2) Does temporal transferability relate to species ecological traits? To address these questions we developed SDMs for 133 vascular plant species using data from the mountain ranges of California (USA) from two time periods: the 1930s and the present day. We forecast historical models over 75 years of measured climate change and assessed their projections against current distributions. Similarly, we hindcast contemporary models and compared their projections to historical data. We quantified transferability and related it to species ecological traits including physiognomy, endemism, dispersal capacity, fire adaptation, and commonness. We found that non-endemic species with greater dispersal capacity, intermediate levels of prevalence, and little fire adaptation had higher transferability than endemic species with limited dispersal capacity that rely on fire for reproduction. We demonstrate that variability in model performance was driven principally by differences among species as compared to model algorithms or time period of model calibration. Further, our results suggest that the traits correlated with prediction accuracy in a single time period may not be related to transferability between time periods. Our findings provide a priori guidance for the suitability of SDM as an approach for forecasting climate change responses for certain taxa
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