Spotted Owls

2020 ◽  
pp. 8-19
Author(s):  
Rob Nixon

This chapter looks at the author's experience looking for Mexican spotted owls in Scheelite Canyon in the Huachucas. Like most people living in the United States during the late 1980s and early 1990s, the author had never heard a spotted owl's high-pitched four-note bark. The one-and-a-half pound owl became an inadvertent celebrity. The spotted owl emerged as an indicator species not just of forest health, but of a fevered nation's political temperature. The bird's fate provoked legal fisticuffs between two federal agencies, the Bureau of Land Management and the Fish and Wildlife Service. By the early 1990s, the spotted owl seemed to have migrated opportunistically from the ancient forests it had favored historically to a whole new ecological niche in the federal court system.

Author(s):  
Richard M. Ziernicki

This paper outlines the legal system in the United States, the different types of courts, the differences between criminal and civil law, and the role of forensic engineering experts involved in civil lawsuits. After providing a summary of relevant procedures employed by civil and criminal courts, the paper describes the basic principles and requirements for the selection and work of a forensic engineering expert in both the state and federal court system. This paper outlines the role and function of forensic experts (specifically forensic engineers), in the United States court system. It is not a treatise on the legal system but on the role of experts. The paper presents the requirements typically used in today’s legal system to qualify a forensic engineer as an expert witness and to accept his or her work and opinions. Furthermore, this paper discusses who can be an expert witness, the expert’s report, applicable standards, conducted research, engineering opinions, and final testimony in court — and how those elements fit into the legal system. Lastly, the paper describes the concept of spoliation of evidence.


Author(s):  
R. Gutierrez ◽  
Douglas Call ◽  
Sarah Rinkevich

The main objective of this study is to estimate the distribution, habitat use, and reproductive status of Mexican spotted owls (Strix occidentalis lucida) in Zion National Park. This information will allow managers to coordinate park activities that potentially conflict with nest sites, roost sites, or brood rearing habitats. Other objectives of this study are to estimate spotted owl food habits and fledgling success, and to compare these findings with other North American spotted owl populations.


Author(s):  
Jessica M. Bungard

 The structure of the United States federal court system can be considered common knowledge: the Supreme Court sits atop a pyramid of lower circuit courts and trial courts, all of which are, for the most part, open to the public. Until 2002, most Americans were unaware of the existence of a "secret" court whose sole duty is to review and approve applications authorizing foreign intelligence surveillance conducted by the Executive Branch. The year 2002 was an unprecedented year for the Foreign Intelligence Surveillance Court ("FISC"),3 and the statute that created it, the Foreign Intelligence Surveillance Act of 1978 ("FISA").4 For the first time in FISA's twenty-three year history, FISC denied an application for electronic surveillance and the Foreign Intelligence Surveillance Court of Review ("Court of Review") was convened to hear its first appeal.5


Author(s):  
Joseph Meyer ◽  
Larry Irwin ◽  
Mark Boyce

Currently there is little empirical evidence to guide decision makers on how to manage for viable populations of the Northern Spotted Owl (Strix occidentalis caurina) and how to decide what extent and what types of timber harvesting do not adversely affect Spotted Owls. In this ongoing study we are addressing some of the urgent research needs related to Spotted Owls by testing the null hypotheses that various forms of forest fragmentation do not affect (1) site selection, (2) site occupancy, or (3) reproductive success of Spotted Owls at sites within the Bureau of Land Management (BLM) checkerboard pattern of land ownership and management in Western Oregon.


Author(s):  
James E. Pfander

This book’s introduction poses the problem of uncontested adjudication in the federal court system of the United States by focusing on the 2013 decision in United States v. Windsor. While in that case, the Supreme Court reached the merits despite the absence of a continuing dispute between the parties, Justice Antonin Scalia objected that doing so violated the adverse-party requirement, which he viewed as a constitutional requirement imposed by the case-or-controversy language of Article III. In arguing that federal courts may not entertain uncontested claims of right, Scalia’s dissent in Windsor nicely poses the question at the heart of this book. But the book reaches a different conclusion, based on the text and history of the Constitution, and the early practice of Article III courts. Having set the stage, the introduction offers an overview of the book’s argument. Part I describes the early practice of the antebellum federal courts, Part II the rise of the case-or-controversy rule in the early twentieth century, and Part III the continuing relevance of uncontested forms of adjudication. Synthesizing these strands, the book concludes that Article III courts can entertain proceedings to hear and determine uncontested applications to assert or register a claim of right under federal law.


Lexonomica ◽  
2020 ◽  
Vol 12 (2) ◽  
pp. 163-210
Author(s):  
Thomas Allan Heller

Res judicata law in the United States of America has a long, extensive and complex history. The aim of this paper is to provide at least a working summary of some of the most important aspects of the current res judicata law in the federal court system of the United States. The flexible discovery, pleading and joinder rules have given rise to more expansive res judicata law. The paper will discuss what exactly constitutes a judgment; how the federal courts deal with the finality of judgments in multiple parties and multiple claim cases; the final judgment rule; the form of judgments; the methods to enter judgments and significance of entry of judgments; together with a detailed overview of the doctrine of res judicata itself, including the separate, but related twin doctrines of claim preclusion and issue preclusion.


2011 ◽  
Vol 15 (2) ◽  
Author(s):  
Peter P. Smith

The United States is in a bind. On the one hand, we need millions of additional citizens with at least one year of successful post-secondary experience to adapt to the knowledge economy. Both the Gates and Lumina Foundations, and our President, have championed this goal in different ways. On the other hand, we have a post-secondary system that is trapped between rising costs and stagnant effectiveness, seemingly unable to respond effectively to this challenge. This paper analyzes several aspects of this problem, describes changes in the society that create the basis for solutions, and offers several examples from Kaplan University of emerging practice that suggests what good practice might look like in a world where quality-assured mass higher education is the norm.


Screen Bodies ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 22-37
Author(s):  
David Yagüe González

The behaviors and actions that an individual carries out in their daily life and how they are translated by their society overdetermine the gender one might have—or not—according to social norms. However, do the postulates enounced by feminist and queer Western thinkers still maintain their validity when the context changes? Can the performances of gender carry out their validity when the landscape is other than the one in Europe or the United States? And how can the context of drag complicate these matters? These are the questions that this article will try to answer by analyzing the 2015 movie Viva by Irish director Paddy Breathnach.


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