There is also the issue of quantification: what degree of risk is “material?” How difficult must it be to prove or measure injuries in order to relax the injury in fact requirements? The opinion alludes to Clapper for the proposition that “[t]his does not mean . . . that the risk of real harm cannot satisfy the requirement of concreteness.” 95 Clapper dismissed the risk of interception of communications in the national security context as an insufficient basis for constitutional standing because the risk of interception fell short of “clearly impending” harm. 96 Is this a triple negative suggesting that harm must be “clearly impending?” We think not. Clapper acknowledged in a footnote that “[i]n some instances, we have found standing based on a ‘substantial risk’ that the harm will occur.” 97 The Spokeo opinion also cites approvingly Susan B. Anthony List v. Driehaus, 98 which glossed Clapper and found the requisite “substantial risk” of harm where plaintiffs alleged a
219. Hatch v. Demayo, No. 1:16CV925, 2017 WL 4357447, at *4 (M.D.N.C. Sept. 29, 2017) (“Specifically, Plaintiffs’ allegation bears a close relationship to the interest protected by the invasion of privacy torts, namely, leading a secluded and private life.”); Garey v. Farrin, No. 1:16CV542, 2017 WL 4357445, at *5 (M.D.N.C. Sept. 29, 2017) (“Plaintiffs’ alleged harms are closely related to the invasion of privacy, which has long provided a basis for recovery at common law.”); Phillips v. Trans Union, LLC, No. 3:16-CV-00088, 2017 WL 3911018, at *1 (W.D. Va. Sept. 6, 2017) (stating that the plaintiff’s “alleged injury is analogous to common law causes of action (like defamation and libel)”); In re Vizio, Inc., Consumer Privacy Litig., 238 F. Supp. 3d 1204, 1216 (C.D. Cal. 2017) (“Plaintiffs’ VPPA claims are even more deeply rooted in the common law.”); Gambles v. Sterling Infosystems, Inc., 234 F. Supp. 3d 510, 523 (S.D.N.Y. 2017) (“These echo the sorts of allegations on which tort claims were permitted to proceed at common law . . . .”); Whitaker v. Appriss, Inc., 229 F. Supp. 3d 809, 812 (N.D. Ind. 2017) (“Rights protected in statutes like the [Drivers Privacy Protection Act] are natural outgrowths of the privacy-based torts of the common law.”); Matera v. Google Inc., No. 15-CV-04062-LHK, 2016 WL 5339806, at *10 (N.D. Cal. Sept. 23, 2016) (“[V]iolations of the Wiretap Act and [Children’s Internet Protection Act] are similar to common law invasion of privacy in both their substantive prohibitions and their purpose.”); Witt v. Corelogic Saferent, LLC, No. 3:15-cv-386, 2016 WL 4424955, at *12 (E.D. Va. Aug. 18, 2016) (“The common law has long recognized a right to personal privacy . . . .”); Mey v. Got Warranty, Inc., 193 F. Supp. 3d 641, 645 (N.D. W. Va. 2016) (“The invasion of privacy claim that is most analogous here is intrusion upon seclusion.”); Thomas v. FTS USA, LLC, 193 F. Supp. 3d 623, 636 (E.D. Va. 2016) (“[I]t has long been the case that an unauthorized dissemination of one’s personal information . . . constitutes a concrete injury . . . .”).
Hypotheses as to why river otter scat yields such poor quality DNA include diet, biology, and environmental conditions (Fike et al. 2004). Based on the differences in genotyping success that I observed between the first and second sampling session (21.9% and 14.4% respectively), when overall extraction success was equal between sampling sessions, suggests that environmental conditions were the most likely cause of differential degradation of DNA within samples. Hydrolysis is the most common factor of DNA deterioration (Schwartz and Monfort 2008), and the aquatic nature of otters and the proximity of their latrines to water could have affected the poor quality of otter DNA. Hydrolysis is also the most likely explanation for the difference in sample quality between sessions, because a few days prior to the second collection the study area experienced heavy rains.
The Strieff Court recognized that the stop was unconstitutional. 143 So did the Utah Supreme Court, which had nullified the arrest on the drug charges. 144 But, because that conduct was (in the eyes of the Court) neither intentional nor flagrant, the evidence was admitted. Applying an attenuation doctrine that severed the police conduct from the causal chain between the stop and the seizure, the evidence was allowed to stand. The decision seems to go in two directions at once. The Court recognized that the discovery of the warrant was unforeseeable: there are no behavioral indicia that someone may have an outstanding warrant, nor was that condition noted in prior cases as a sign, as the Terry Court required, that “crime is afoot.” 145 But the Court also wanted to allow the reasonableness of the stop and warrant check, despite the fact that the discovery of an outstanding warrant was unforeseeable. It is rare, except in extraordinary circumstances as in the Ferguson investigation, 146 to discover an outstanding warrant during a routine pedestrian or traffic stop. 147 In dissent, Justice Sotomayor characterized the warrant check as “part and parcel of the officer’s illegal ‘expedition for evidence in the hope that something might turn up.’” 148 Perhaps most important, the attenuation doctrine applied by the Strieff Court essentially scrubs out reasonableness from the Terry formula.
39. According to a brief by New York and other states, “EPA promulgated the Water Transfers Rule in the face of uniform federal circuit court precedent holding that the Clean Water Act requires a NPDES permit for the transfer of polluted water into a clean water body.” Brief for the State of New York et al. at 14, Catskill Mountains Chapter of Trout Unlimited, Inc. v. EPA (Catskill IV), 846 F.3d 492 (2d Cir. 2017) (No. 14-1823(L)); see also id. at 15 (“EPA adopted the Water Transfers Rule in 2008 in an attempt to overturn these decisions and similar court rulings.”). Indeed, in the interim period, the EPA lost several challenges to its informal position on water transfers. See, e.g., Catskill Mountains Chapter of Trout Unlimited, Inc. v. City of New York (Catskill I), 273 F.3d 481, 490 (2d Cir. 2001) (holding that Chevron deference did not apply to the EPA’s interpretation of the statute because it was “based on a series of informal policy statements made and consistent litigation positions taken by the EPA over the years” which “do not deserve broad [Chevron] deference”). Moreover, the Second Circuit rejected the EPA’s views under lesser Skidmore “power to persuade” deference. Id. at 491. In August 2005, the EPA’s Office of General Counsel issued a memorandum interpreting the statute to exclude water transfers from the NPDES program. After issuance of this interpretive memorandum, the Second Circuit declined to reconsider its holding in Catskill I. Catskill Mountains Chapter of Trout Unlimited, Inc. v. City of New York (Catskill II), 451 F.3d 77, 81, 83 n.5 (2d Cir. 2006) (noting that the informal memorandum before the court was not eligible for Chevron deference).
The Asian citrus psyllid (ACP) Diaphorina citri Kuwayama (Hemiptera: Psyllidae) is one of the most destructive insect pests in citriculture worldwide (Bellis et al., 2005). The ACP feeds on the citrus plant by sucking the sap in younger buds and leaves. It is also an efficient vector of three plant pathogenic proteobacteria: ‘Candidatus Liberibacter asiaticus’ (Las), ‘Ca. L. africanus’ (Laf) and ‘Ca. L. americanus’ (Lam), as characterized by Batool et al. (2007). They are the causal agents of the ‘huanglongbing’ (HLB) disease or ‘green- ing’ or ‘yellow dragon’ disease (Subandiyah et al., 2000). The infected citrus trees can live 5 –8 years, but they produce deformed, unmarketable fruits with a yellow-white colour and bitter flavour (Bove´, 2006). The ACP is most often controlled using synthetic pesticides (Halbert and Manjunath, 2004); however, the excessive use of pesticides is affecting its natural enemies that may otherwise contribute to its control (McFarland and Hoy, 2001). Intensive insecticidal control programmes are often economically un- sustainable for the growers and will probably interfere with biological control programmes, e.g. in Florida citrus (Michaud and Grant, 2003). Lacey and Shapiro-Ilan (2008) highlighted that growing concerns about the negative effects of synthetic insecticides on workers, food supply and the environment make the microbial control of arthro- pod pests of tree fruit crops an attractive alternative. The ACP has several arthropod enemies such as the eulophid parasitoid Tamarixia radiata (Waterston) and the coccinellid predatory beetles Olla v-nigrum (Mulsant) and Harmonia axyridis (Pallas) (Skelley and Hoy, 2004; Grafton-Cardwell et al., 2006). Some species of entomopathogenic fungi have been reported to naturally attack the ACP: Paecilomyces fumosoroseus (Wize) (¼Isaria fumosorosea) (Subandiyah et al., 2000); Hirsutella citriformis Speare (E´tienne et al., 2001); Cephalosporium lecanii Zimm. (¼Verticillium lecanii ¼ Lecanicillium lecanii); Beauveria bassiana (Bals.) Vuill. (¼Cordyceps bassiana) (Rivero- Arago´n and Grillo-Ravelo, 2000); and Cladosporium oxysporum Berk. & M. A. Curtis (Aubert, 1987). Under laboratory conditions, H. citriformis is able to induce 100% mortality in adults (Meyer et al., 2007). The fungi Metarhizium anisopliae (Metsch.) Sor., C. bassiana and I. fumosorosea are well-known biological control agents. However, little is known on the effectiveness of entomopathogenic fungi in reducing D. citri nymph and adult densities under field conditions. Here, we report the evaluation of M. anisopliae, C. bassiana and I. fumosorosea against nymphs and adults of D. citri under field conditions.
I think the success of any artwork is dependent on numerous things working in unison simulta- neously. For me the painting process is largely non-verbal, but I suspect some of the artists represented in the Alter collection may not feel that way. As to inventing something new, if that is even possible, I don’t think one knows they have invented something new until much later, after it is there. For both of you individually, I would presume there are a lot of reasons – both conscious and subconscious – for why you chose Beyond Boundaries: Feminine Forms as the theme for your exhibition. I’m most drawn to the sub- conscious reasons. I love that you are juxtaposing these works with others from the Linda Lee Alter Collection and I’m curious to see the exhibitions. However, as we are talking the shows are still in the future, existing as an idea but not yet a reality. I can imagine all sorts of things, but whenever visual images are involved I have learned to wait until I actually see it before determining how I feel. MY: The Scott and Alter Collections haven’t previously been examined together before Beyond Boundaries: Feminine Forms, but both represent historically important efforts to collect art by women. Were you inspired by other collections and exhibitions of art by women artists? Would you be surprised if this exhibition inspires future collecting efforts?
These two grasshopper species were chosen for study because little is known of their feeding preferences. Although D. viridis and A. xanthoptera occur through- out most of the eastern United States, both species are thought to be tallgrass prairie specialists (Bragg 1939; Wilbur and Fritz 1940; Reed 1996). We hypothesized that these species would prefer native warm-season grasses over non-native cool-season grasses. However, we found both grasshopper species to select non-native grasses in laboratory tests. Our results provide insight into response of native insect herbivores to non-native species and to the potential herbivore responses to non-native grass species on a dwindling tallgrass prairie ecosystem.
Based on the finding from the above studies and the observation that all three genes are down regulated within the tail of Araucana Rp I suggest that the remaining progenitor cells within the tail adopt a neural rather than mesodermal fate. Examination of the posterior tail following down regulation of the previously mentioned mesodermal signals revealed ectopic neural tissue expressing SOX2. This supports a model in which Araucana Rp progenitor cells have a bipotential fate choice, and a combination of proneural gene misexpression and loss of mesoderm maintenance factors directs cell towards a neural fate. However, this model is currently based on observational data and still requires functional experimental support.
create a supposed “purely private transmission,” 111 even though these models were for-profit and based on distributing content to a potentially wide swath of the general public. Other companies in other industries may well follow this reasoning and further circumvent broadcasters’ profit avenues. As the law stands now, there is little stopping cable and satellite companies from setting up “purely private transmissions” of their own and circumventing any compensation to the broadcast industry. This could also expand to other forms of media, such as music or movies, though courts have treated them differently. Courts need not protect industries out of some sense of nostalgia. Businesses and industries evolve as technology develops. Such is the nature of capitalism. But when it comes to copyright law, courts should focus more on how a party affects a market overall, and not on how its technological minutiae may be used to exploit perceived loopholes in copyright law. If our country is to preserve its historic protections of public performance rights, digital retransmission of broadcast television content should be considered a public performance if it reaches a wide audience, whether or not tiny antennae are used in the process.
161 superiority of dent corn has potential to contribute to popcorn improvements and led to several studies using crosses between dent corn and popcorn. As one way to avert protein malnutrition, many QPM conversion studies were carried out previously for dent corn (Babu et al., 2005; Gupta et al., 2009, Gupta et al., 2013; Jompuk et al., 2011; Krishna et al., 2017; Sofi et al., 2009; Surender et al., 2017). Common challenges in QPM conversion programs included incomplete recovery of vitreous endosperm (modification), discontinuation of certain crosses from poor seed set and failure to improve lysine and tryptophan content (Kostadinovic et al., 2016; Moro et al., 1996; Prasanna et al., 2001; Vivek et al., 2008). Since popcorn kernels naturally have a very high proportion of vitreous endosperm (Figure 3 in Chapter 3), and this is the kernel region in which starch can melt during the popping process, complete endosperm modification is likely of paramount importance in QPM conversion into a popcorn background. o2 mutants without modification are associated with soft kernels and loss of popping as observed in several opaque-2 introgression studies (Adunola, 2017; Zhou et al., 2016). By
curves from Franzen et al. (2007) and this study suggests that an increase in rubisco carboxylation and RuBP regeneration in the resistant plants is the source of photo- synthetic compensation. This study also demonstrates that short-term changes in photosynthetic compensation can be used to differentiate between resistant and susceptible genotypes. Additional studies are needed to determine the degree to which photosystems I and II are affected by aphid injury and the role of photosynthetic compensation in the tolerant barley.
Similarly, by making it harder for securities fraud liability to attach, a higher showing of recklessness can raise the percentage of successful securities fraud actions brought. This may seem counterintuitive, but if a higher requirement is recognized, it might convince those bringing actions to limit themselves to those cases more likely to succeed. This would be particularly advantageous in instances where the government is bringing suit. Dan Kahan has pointed out that a major issue of low-certainty prosecution, even with high- severity punishment for those convicted, “is that it is more likely to signal to potential law-breakers that like-situated persons are engaged in crime.” 245 If lots of people are accused of securities fraud but never punished, the message sent to potential violators is that the practice is so rampant that it is both statistically safe to engage in and bereft of reputational costs. Having fewer suits, and having those suits not be decided on popularly perceived technicalities like nuances of phrasing, would go a long way toward addressing this message, as well as the crisis of confidence in the securities laws’ efficacy. The incentives at play in the private sector are obviously somewhat different. Private lawsuits are brought for various reasons, including earning vindication for a perceived wrong, convincing a defendant to change their policies or behavior, and seeking to develop the law in a new direction. Many private lawsuits have compensation as their primary objective, and in these situations, so long as plaintiffs believe they are more likely than not to survive a motion to dismiss, they probably will continue filing securities fraud cases in hopes of generous settlements.