Consumer Protection

The Texas Deceptive Trade Practices-Consumer Protection Act (DTPA)1 focuses on consumer harm brought about through deception.2 This article covers significant developments under the DTPA during the Survey period, December 1, 2016, through November 31, 2017. Some of the salient changes to the DTPA came through statutory additions inserted by the 85th Texas Legislature during the Summer 2017 session, which added to the DTPA’s laundry list of violative acts and also amended the Texas Insurance Code such that related DTPA claims may be more easily removed to federal court. Also, case law developments have, among other things, revealed that certain DTPA fraud claims might be barred by the ecclesiastical abstention doctrine while others may be fatally defective because they lack an enforceable contract as a predicate

Locomotives v. Local Motives: The Coming Conflict, Statutory Void, and Legal Uncertainties Riding with Reactivated Rails-to-Trails White River Environmental Law Writing Competition Winner

Study after study projects that the United States economy will come to rely more and more on freight rail in the twenty-first century. Few would have predicted the industry\u27s reemergence 30 years ago when Congress, alarmed at the mass exodus from railroad and the resulting anemic rail infrastructure due to abandonment, began passing laws that culminated in 1983 with a rail-banking amendment to the National Trail System Act of 1976. The new statute streamlined the transfer of these rail corridors to private groups for safekeeping in the event railroads once again needed to reactivate the corridors. Since then, parks departments, nonprofits, and local transportation authorities have taken full advantage of the available “linear parks,” nationally amassing some 21,000 miles of former freight corridors now used as trails or converted for local use as light passenger rail. Courts, federal officials, and scholars have thoroughly explored the legal questions raised by landowners during the rails-to-trails program\u27s initial legal maelstrom; but surprisingly, little discussion has addressed the legalities of reactivation, which, after all, is the whole premise for the rails-to-trails program. Data tracking freight rail\u27s reemergence suggests corridor-starved rail companies will soon begin reactivating their old lines. But local communities have come to rely on these rail-banked corridors for their transportation and recreational needs. This paper attempts to start a conversation about the legalities of reactivation before offering to trail groups strategies for preserving recreational use even after the freight trains return, an arrangement called rails-with-trails. It also proposes new laws at the state and federal level that might further encourage rails-with-trails

Antitrust and Consumer Protection

Consumer welfare is the common concern of antitrust laws and the Texas Deceptive Trade Practices—Consumer Protection Act (DTPA). Antitrust, however, is primarily addressed to the misuse of market power to harm consumers, while the DTPA focuses on consumer harm brought about through deception.2 Antitrust laws and the DTPA, therefore, are best viewed as focusing on complementary aspects of consumer welfare. This article covers significant developments under the federal and Texas antitrust laws and the DTPA during the Survey period—December 1, 2015 through November 30, 2016

Antitrust and Consumer Protection

Consumer welfare is the common concern of the antitrust laws, the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), the Texas Insurance Code (TIC), and various other statutes prohibiting fraudulent conduct in dealing with consumers. Antitrust laws, however, primarily address the misuse of market power to harm consumers, while anti-deception statutes focus on consumer harm brought about through deception and a litany of other unlawful practices. The antitrust laws and the anti-fraud statutory schemes therefore are best viewed as focusing on complementary aspects of consumer welfare. This article covers significant developments under federal and Texas antitrust laws and consumer protection laws (including the DTPA and its various tie-ins like the Texas Insurance Code) during the Survey period, December 1, 2017, through November 31, 2018

U.S. AND PRC STRATEGIC COMPETITION: CYBER AND RISK AVERSION

The People’s Republic of China (PRC) altered its calculations from the aftermath of the 1990 Persian Gulf war and placed emphasis on the importance of technology and information. The PRC created the Strategic Support Force (SSF), which became operational in 2015, and includes space, cyber, and electronic warfare capabilities under one command. Meanwhile, the U.S. has wrapped itself in structural and cultural limitations, which hinder operational tempo. This thesis examined how the Department of Defense can adjust its positions on Cyber Titles, authorities, permissions, and risk aversion in leadership to maintain a competitive edge against the threat of the PRC’s SSF in the cyber domain. This thesis used system dynamics to model the economies of both the U.S. and the PRC into cyber capabilities, which resulted in an understanding that allocating additional money alone will not solve the core issue. Understanding the limitations of cultural biases, and using decision-making tools such as prospect theory, leaders can make more effective decisions. Through proper education of staff officers about cyber capabilities and their effects, integration of cyber operations at combat training centers, and pushing permissions and rules of engagements down to Task Force Commanders, the U.S. can overcome the structural and cultural obstacles.Major, United States ArmyMajor, United States Marine CorpsApproved for public release. Distribution is unlimited

Scenario-Led Habitat Modelling of Land Use Change Impacts on Key Species

Accurate predictions of the impacts of future land use change on species of conservation concern can help to inform policy-makers and improve conservation measures. If predictions are spatially explicit, predicted consequences of likely land use changes could be accessible to land managers at a scale relevant to their working landscape. We introduce a method, based on open source software, which integrates habitat suitability modelling with scenario-building, and illustrate its use by investigating the effects of alternative land use change scenarios on landscape suitability for black grouse Tetrao tetrix. Expert opinion was used to construct five near-future (twenty years) scenarios for the 800 km2 study site in upland Scotland. For each scenario, the cover of different land use types was altered by 5–30% from 20 random starting locations and changes in habitat suitability assessed by projecting a MaxEnt suitability model onto each simulated landscape. A scenario converting grazed land to moorland and open forestry was the most beneficial for black grouse, and ‘increased grazing’ (the opposite conversion) the most detrimental. Positioning of new landscape blocks was shown to be important in some situations. Increasing the area of open-canopy forestry caused a proportional decrease in suitability, but suitability gains for the ‘reduced grazing’ scenario were nonlinear. ‘Scenario-led’ landscape simulation models can be applied in assessments of the impacts of land use change both on individual species and also on diversity and community measures, or ecosystem services. A next step would be to include landscape configuration more explicitly in the simulation models, both to make them more realistic, and to examine the effects of habitat placement more thoroughly. In this example, the recommended policy would be incentives on grazing reduction to benefit black grouse.This study was part of a PhD studentship funded through the World Pheasant Association (from the Henry Angest Foundation, Howman Charitable Foundation, Mactaggart Third Charitable Trust, PF Charitable Trust and AF Wallace Charity Trust) and the Dalton Research Institute

Promoter-Wide Hypermethylation of the Ribosomal RNA Gene Promoter in the Suicide Brain

BACKGROUND: Alterations in gene expression in the suicide brain have been reported and for several genes DNA methylation as an epigenetic regulator is thought to play a role. rRNA genes, that encode ribosomal RNA, are the backbone of the protein synthesis machinery and levels of rRNA gene promoter methylation determine rRNA transcription. METHODOLOGY/PRINCIPAL FINDINGS: We test here by sodium bisulfite mapping of the rRNA promoter and quantitative real-time PCR of rRNA expression the hypothesis that epigenetic differences in critical loci in the brain are involved in the pathophysiology of suicide. Suicide subjects in this study were selected for a history of early childhood neglect/abuse, which is associated with decreased hippocampal volume and cognitive impairments. rRNA was significantly hypermethylated throughout the promoter and 5' regulatory region in the brain of suicide subjects, consistent with reduced rRNA expression in the hippocampus. This difference in rRNA methylation was not evident in the cerebellum and occurred in the absence of genome-wide changes in methylation, as assessed by nearest neighbor. CONCLUSIONS/SIGNIFICANCE: This is the first study to show aberrant regulation of the protein synthesis machinery in the suicide brain. The data implicate the epigenetic modulation of rRNA in the pathophysiology of suicide

Degree of egg-taking by humans determines the fate of maleo (Macrocephalon maleo) nesting grounds across Sulawesi

The version of record of this article, first published in Biodiversity and Conservation, is available online at Publisher’s website: http://dx.doi.org/10.1007/s10531-022-02527-1The maleo (Macrocephalon maleo) of Sulawesi, Indonesia, is culturally iconic and Critically Endangered, but the causes of its decline have never been systematically analyzed nor its nesting grounds comprehensively surveyed. We visited 122 previously known and 58 previously unrecorded sites, collecting data and interviewing local people at each site. We used ordinal logistic regression to fit models with combinations of 18 different predation, habitat, and nesting ground variables to determine the strongest predictors of nesting ground success, as represented by maleo numbers. At least 56% of known nesting grounds are now inactive (abandoned), and 63% of remaining active sites host ≤ 2 pairs/day at peak season. Egg-taking by humans is the single biggest driver of maleo decline. Protecting eggs in situ predicts higher numbers than protecting eggs through hatchery methods. After egg-taking, quality (not length) of the travel corridor connecting nesting ground to primary forest best predicts nesting ground success. Being inside a federally protected area is not a primary driver of success, and does not ensure persistence: 28% of federally protected nesting grounds have become inactive. Local conservation efforts protected nesting grounds 2‒3 times better than federal protection. We update the methodology for assessing nesting ground status, and recommend five measures for maleo conservation, the foremost being to protect nesting grounds from egg-taking by humans at all remaining active sites