The Ethics of Implementation: Institutional Remedies and the Lawyer's Role

The issue addressed in this article is whether and to what extent a lawyer has an ethical responsibility to pursue implementation of the remedy in institutional reform litigation. Institutional reform litigation refers to cases in which an individual or class of individuals sues a large organization in order to vindicate constitutional or statutory rights. The types of cases with which this article is concerned are the "public law" type, such as school desegregation, prisoners' rights and patients' rights cases, although included under the rubric of institutional reform can be, inter alia, antitrust, reapportionment and bankruptcy cases. The implementation stage of institutional reform litigation arises after an individual or class of individuals prevails at the liability stage, or pursuant to a settlement, and a court orders the defendant organization to change in order to vindicate the plaintiffs' rights. At that point, the defendant organization, whether it be a prison, mental hospital or school district, usually has the burden of implementing the order. One conclusion drawn is that the ethical duty of the lawyer must always be consistent with the lawyer's "special responsibility for the quality of justice."

Osteoarthrosis in a Coyote x Dog Hybrid from Nebraska

Osteoarthrosis is described in a wild, 14-year-old coyote (Canis latrans) x dog (C. familiaris) hybrid shot in southeastern Nebraska. There was ankylosis of five vertebrae, the head of the left femur was absent, and periarticular osteophytes occurred throughout the skeleton. The age is significant because wild coyotes seldom live beyond 6 years and coyote x dog hybrids are considered to be less fit for survival in the wild than coyotes.

QUANTITATIVE TRAIT LOCI FOR AGRONOMIC AND END-USE QUALITY PERFORMANCE AND THE EFFECT OF SOILBORNE WHEAT MOSAIC VIRUS IN A HARD WINTER WHEAT POPULATION IN NEBRASKA

To better understand agronomic and end-use quality in wheat (Triticum aestivum L.) we developed a population containing 154 F6:8 recombinant inbred lines (RILs) from the cross TAM107-R7/Arlin. The parental lines and RILs were phenotyped at six environments in Nebraska and differed for resistance to Wheat soilborne mosaic virus (WSBMV), morphological, agronomic, and end-use quality traits. Additionally, a 2300 cM genome-wide linkage map was created for quantitative trait loci (QTL) analysis. Based on our results across multiple environments, the best RILs could be used for cultivar improvement. The population and marker data are publicly available for interested researchers for future research. The population was used to determine the effect of WSBMV on agronomic and end-use quality and for the mapping of a resistance locus. Results from two infected environments showed that all but two agronomic traits were significantly affected by the disease. Specifically, the disease reduced grain yield by 30% of susceptible RILs and they flowered 5 d later and were 11 cm shorter. End-use quality traits were not negatively affected but flour protein content was increased in susceptible RILs. The resistance locus SbmTmr1 mapped to 27.1 cM near marker wPt-5870 on chromosome 5DL using ELISA data. Finally, we investigated how WSBMV affected QTL detection in the population. QTLs were mapped at two WSBMV infected environments, four uninfected environments, and in the resistant and susceptible RIL subpopulations in the infected environments. Fifty-two significant (LOD≥3) QTLs were mapped in RILs at uninfected environments. Many of the QTLs were pleiotropic or closely linked at 6 chromosomal regions. Forty-seven QTLs were mapped in RILs at WSBMV infected environments. Comparisons between uninfected and infected environments identified 20 common QTLs and 21 environmentally specific QTLs. Finally, 24 QTLs were determined to be affected by WSBMV by comparing the subpopulations in QTL analyses within the same environment. The comparisons were statistically validated using marker by disease interactions. These results showed that QTLs can be affected by WSBMV and careful interpretation of QTL results is needed where biotic stresses are present. Finally, beneficial QTLs not affected by WSBMV or the environment are candidates for marker-assisted selection.

Elk in Nebraska: Opportunity or Another Private-Public Land Conundrum

We conducted a comprehensive research project on elk in the Pine Ridge region of northwestern Nebraska from 1995 to 2002 to determine ecological factors that could be used to improve management and reduce damage. The population ranged from 120 to 150 animals, with an average calf:cow ratio of 0.5:1 and bull:cow ratio of 0.4:1. We located 21 radio-collared female elk 6,311 times during 1995 to 1997. Seasonal home ranges of 2 herds were 10 and 44 km2, while average annual home ranges of the herds were much larger (483 and 440 km2, respectively). All wintering areas (n = 21) and 80% of the calving areas (n = 22) were located on privately-owned land. Active timber harvest temporarily displaced elk, most notably during the calving season. Elk shifted home ranges in association with the seasonal availability of agricultural crops, in particular, alfalfa, oats, and winter wheat. Population models indicated that static levels of hunting mortality would lead to a stable population of about 130 elk over 10 years. Most landowners in the Pine Ridge (57%) favored free-ranging elk, but 26% were concerned about damage to agricultural crops and competition with livestock. Habitat suitability models and estimates of social carrying capacity indicate that up to 600 elk could be sustained in the Pine Ridge without significant impacts to landowners. We recommended an integrated management program used to enhance elk habitat on publicly-owned land and redistribute elk from privately-owned land.

2004 Nebraska Grazing Conference

It is both my privilege and pleasure to have the opportunity this morning to welcome you to the 2004 Nebraska Grazing Conference. I am sure you are looking forward to the next two days of great topics and excellent speakers. This is the fourth year this conference has brought people together to hear, to discuss, to exchange a wide variety of ideas. Reading through the list of conference sponsors and supporters, I think how fortunate we are in Nebraska to forge and foster such productive partnerships for the good of our state.

University of Nebraska Cooperative Extension 2004 Fall Conference

I thought about beginning my time with you this afternoon by asking each of you to turn to the person on your left, shake that person's hand, and say congratulations and thank you. Then I was going to ask you to turn to the person on your right, shake hands, and say congratulations and thank you.

Agriculture Builders of Nebraska Annual Meeting

Anthony McAuliffe was acting commander of the 101st Airborne Division during the Battle of the Bulge in World War II. December 22, 1944, he was in charge of the-defense of Bastogne when advancing German forces called upon his garrison to surrender.

Agriculture Builders of Nebraska, Inc.

What a pleasure it is to be with you here this morning! And How startling it is to realize a whole year has passed since we last gathered at this meeting. So much has occurred in that year.

An Investigation of Wild Bee Diversity and Abundance in Plots Managed by The Nature Conservancy in South-Central Nebraska and of Beneficial Arthropods Associated with Native Nebraska Flora

Insect pollination is an essential ecosystem service, and bees are the principal pollinators of wild and cultivated plants. Habitat management and enhancement are a proven way to encourage wild bee populations, providing them with food and nesting resources. I examined bee diversity and abundance in plots managed by The Nature Conservancy near Wood River, NE. The plots were seeded with 2 seed mixes at 2 seeding rates: high diversity mix at the recommended rate, high diversity mix double the recommended rate, Natural Resources Conservation Service (NRCS) conservation planting (CP) 25 mix at one-half the recommended rate, and NRCS CP25 mix at the recommended rate. I measured wild bee abundance and diversity, and established a database of wild bees associated with the plots. I also compared genus richness and abundance among the plots using and aerial net and blue vane traps to collect bees. Significant differences were not observed in genus richness and diversity among the plots; however, plot size and the ability of blue vane traps to draw bees from a long distance may have influenced my results. In 2008, 15 genera and 95 individual bees were collected using an aerial net and in 2009, 32 genera and 6,103 individual bees were collected using blue vane traps. I also studied the beneficial insects associated with native Nebraska flora. Seventeen species of native, perennial flora were established in 3 separate plots located in eastern Nebraska. I transplanted four plants of each species in randomized 0.61 m x 0.61 m squares of a 3.05 m x 9.14 m plot. Arthropods were sampled using a modified leaf blower/vacuum. Insects and other arthropods were identified to family and organized into groups of predators, parasites, pollinators, herbivores, and miscellaneous. Associations between plant species and families of beneficial arthropods (predators, parasites, and pollinators) were made. Pycnanthemum flexuosum Walter attracted significantly more beneficial arthropod families than 7 other species of plants tested. Dalea purpurea Vent and Liatris punctata Hook also attracted significantly fewer beneficial arthropod families than 4 other species of plants tested. In total, 31 predator, 11 parasitic, 4 pollinator, 31 herbivore, and 10 miscellaneous families of arthropods were recorded.

Nebraska Builder Award Presented to Dr. Mark Gustafson

Few Nebraskans are as devoted to the University of Nebraska as Mark Gustafson. Driven by his belief that a strong university is key to a strong Nebraska economy, Mark is an advocate for the university in the local, state, and national arenas. He is a Nebraska delegate to the Council for Agricultural, Research, Extension, and Teaching, a national advocacy organization for higher education. Since 1991, he's been a member of Agriculture Builders of Nebraska, Inc., which supports UNL's Institute of Agriculture and Natural Resources, as well as the entire University, and has served three terms as president. He has served on the advisory councils for the UNL chancellor and the NU president and served on UNL's Future Nebraska Taskforce. He holds baccalaureate and master's degrees from UNL and a Ph.D. from the University of California-Berkeley. When he's not volunteering his time, Mark operates the family farm near Mead. He and his wife, Dianne, are the parents of two children - Christopher, a UNL alumnus, and Anneke, a UNL junior.

Nebraska College of Technical Agriculture Budget Hearing

Good afternoon Senator Wehrbein and members of the Appropriations Committee. I am John Owens, and I am University of Nebraska Vice President for Agriculture and Natural Resources, and Harlan Vice Chancellor of the Institute of Agriculture and Natural Resources at the University of Nebraska- Lincoln. I am here to speak with you about the impact of further budget cuts to the Nebraska College of Technical Agriculture - NCTA - at Curtis, Nebraska.

University of Nebraska-Lincoln Extension Fall Conference

First off, thank you. Thank you for the work you do each day on behalf of the University and for Nebraska. Thank you for the expertise and the passion you bring to your work, for the belief you have in it, and for the dedication you show.

Nebraska Association of County Extension Board Annual Meeting

Thank you for inviting me to be here today. I truly appreciate this opportunity to visit with you. I've been asked to tell you about some of the recent successes of the Institute of Agriculture and Natural Resources, to talk about opportunities for the Institute in Nebraska's future, and to talk, also, about extension's role in that.

Agriculture Builders of Nebraska, Inc. Annual Meeting

Those of us in the Institute of Agriculture and Natural Resources at your land-grant university view ourselves as partners with Nebraska. Taking the resources of this great university to the citizens of our state is a mission we take very, very seriously. We work hard to apply the university's resources in a diverse number of ways to benefit Nebraska. Today it is my very great pleasure to have this opportunity to provide a brief report to you, our partners, on some of the ways we are returning your investment in us to benefit our state.

Agriculture Builders of Nebraska, Inc. Annual Meeting

It's such a pleasure to be here with you this morning. Each year I look forward to this opportunity to visit with you, to hear your thoughts, to thank you for all you do for the Institute of Agriculture and Natural Resources, and for the University of Nebraska. We truly appreciate your support and your hard work on our behalf. I think Nebraska is extremely fortunate to have ABN at work in our state.