Termination of Desegregation Decrees and the Elusive Meaning of Unitary Status

Discusses the termination of desegregation decrees and the elusive meaning of unitary status, first introducing the topic and then covering Jenkins III and providing an overview of desegregation scholarship including discretion, capacity, and legitima. Also discusses the evolution of equity, including English equity, American equity, and equity and desegregation. Explores the concepts of relevant rights and interests, focusing on Hohfeld, the interest theory of rights, and the application of the rights theory. The conclusion posits that what remains is a complicated and confused desegregation jurisprudence, and that the lines that separate desegregation from integration from diversity, if there ever were such lines, are blurring. A discussion of the theoretical premises underlying desegregation appears to continue to be necessary.

Multijurisdictional Practice for a Multijurisdictional Profession

The issue of multijurisdictional practice ("MJP") concerns whether, and to what extent, lawyers can practice law in states in which they are not licensed. Under current law in Nebraska and almost every other state, it may be a violation of both the ethics rules and state law for a lawyer not licensed in that state to engage in activity that constitutes the practice of law, even on a temporary basis. This is law that is no longer practical or necessary and Nebraska should now consider modifying it.

Situational and Driver Characteristics Associated With Deervehicle Collisions in Southeastern Michigan

Deer-vehicle collisions (DVCs) create societal impacts throughout the range of white-tailed deer (Odocoileus virginanus). In Michigan reported DVCs increased by nearly 60% between 1992-2003, with current estimates at more than 65,000 DVCs per year and a mean of $2,300 vehicle damage. To better understand where to direct education and information programs, we used Office of Highway Safety Planning (OHSP) data, 2001-2003, to profile driver characteristics and accident situations of DVCs in Washtenaw, Oakland, and Monroe Counties in Michigan. Each county varies in intensity of land use, human and deer densities, and available deer habitat. Deer density in Washtenaw, Oakland, and Monroe Counties was 49.5, 21.9 and 8.9 per mi2, respectively, and the annual rate of DVCs in these counties was 5.3, 2.6 and 1.8 per 1,000 licensed drivers. Drivers are at particular risk of being involved in DVCs between 6pm- 6am, which includes dawn and dusk commuting hours, and night. Single lane roads and roads with higher posted speed limits provided greater risk to drivers of involvement in a DVC. Middle-aged drivers, particularly males, were at increased risk deer-related collisions. Results from this study will be combined with survey research to determine how best to educate drivers about risk factors that make occurrence of a DVC more likely.

STATE REGISTRATION AND LICENSING REGULATIONS: A NEW PROGRAM (OHIO)

We enacted a bill in Ohio this year, Senate Bill 445, that has to do with the application of pesticides. It is a very wide bill as you would normally look at it with most of the meat going to come from the regulations that are presently being written into it. In other words, the framework was developed and accepted by the two houses in our state legislature and empowered the Director of Agriculture to establish the regulations or the so-called teeth to this bill. The governor signed the bill in June and it became effective in September. The committees as of this time are meeting to develop philosophies and regulations that will be promulgated and brought into hearings and sifted through, and eventually, with a target date of December of this year, (1970), brought to the Director of Agriculture's office for acceptance. There is a committee established for rodent and bird control which is very well represented by our industry here in Ohio. John Beck (Rose Exterminator Company) is the chairman of the committee, William B. Jackson (Bowling Green State University) and Robert Yaeger (Cincinnati) are also on the committee. The important feature of this new law, in terms of pest control operators, is the examinations that will be required. We operators and our service people will both be tested and licensed, if sufficient proficiency is demonstrated on the tests. For your information they use a little different terminology in the bill than we in the industry normally use. We think of an applicator in the industry as service people. In the bill an applicator is defined as an operator. Therefore in reading the law the word operator means the man who does the job, the service man. Just the reverse is true in the industry. We think of the operator as the man who owns or manages the company while these people are referred to in the bill as applicators. The Bill calls for the development of schools for the training of our people throughout the state. Those of us who are in bird control should begin to prepare ourselves to meet this request, to be available for the schooling, have our people available for the schooling, and give this program all the co-operation that we can.

CHARACTERISTICS OF THE PRIVATE NUISANCE WILDLIFE CONTROL INDUSTRY IN NEW YORK

The nuisance wildlife control industry is rapidly expanding in New York State. To gain additional insight about this industry and the number of animals handled, we reviewed the 1989-90 annual logs submitted by Nuisance Wildlife Control Orators (NWC0s) to the New York State Department of Environmental Conservation (DEC). The specific objectives of this study were to determine: (1) the number and species of different wildlife responsible for damage incidents, (2) the cause of damage complaints, (3) the disposition of animals handled, (4) the location of damage events (i.e., urban, suburban, rural), and (5) an estimate of the economic impact of the nuisance wildlife industry in Upstate New York. The Nuisance Wildlife Logs (NWLs) were examined for 7 urban and 7 rural counties (25.5% of Upstate counties), and these data were used to estimate total NWCO activity in DEC Regions 3 through 9 (excludes Long Island). Approximately 75% of NWCOs licensed by DEC were active during 1989-90, and nearly 2,800 complaints were handled in the 14 counties sampled. More than 90% of complaints came from urban counties, and we estimated that NWC0s responded to more than 11,000 calls in Upstate New York. At a conservative estimate of $35/call, revenue generated by this industry exceeded $385,000 annually. Six wildlife species accounted for 85% of the nuisance complaints in urban and rural counties. During 1986 to 1993, the number of NWCOs licensed by DEC nearly quadrupled, and there is no indication that this trend will change in the near future.

SCWDS BRIEFS: Volume 20, Number 2 (July 2004)

National Veterinary Services Laboratories in Ames, Iowa, confirmed vesicular stomatitis (VS) in horses at one premises in Texas. As of July 21, 2004, infected animals were identified on a total of 45 premises in Colorado (11), New Mexico (21), and Texas (13). These are the first reports of VS in livestock in the United States since the 1998 epizootic. SCWDS VS Studies Chronic Wasting Disease Developments: nearly 118,000 wild white-tailed deer, mule deer, and elk were tested in the United States from October 2002 to September 2003, with 592 animals testing positive for the CWD prion. More than $38,000,000 was spent by federal and state wildlife and animal health agencies on CWD-related activities during this same period. The Second International Chronic Wasting Disease Symposium, hosted by the Wisconsin Department of Natural Resources, will be held in Madison, Wisconsin, July 12-14, 2005. Crow Decoys Used in West Nile Virus Study Although Lyme disease caused by a spirochete bacterium, Borrelia burgdorferi, is relatively rare in the southeastern United States, a Lyme disease-like infection referred to as Southern Tick-Associated Rash Illness (STARI) and thought to be caused by Borrelia lonestari, has been recognized in people in this region. The Ohio Division of Wildlife joined SCWDS as an associate member beginning July 1, 2004. The Final Report of the 2003 Hemorrhagic Disease (HD) Surveillance project has been completed and distributed to all cooperators. New of Caroline Duffie, Robbie Edalgo and wife Jen, Clay George, Darrell Kavanaugh, Lynn Lewis-Weiss’s husband, Dr. Kevin Weiss, and Nate Mechlin. New SCWDS staff include Brian Chandler, Jay Cumbee, Ginger Goekjian, Bill Hamrick, Sabrina McGraw, Kerri Pedersen, and Ben Wilcox. Recent SCWDS Publications Available

COMMENSAL RODENT CONTROL

SUMMARY: Federal Urban Rat Control Program grants were awarded to cities in different areas of the United States. Severe problems of rat infestations have been detected in many of the cities by the Environmental Health Service. Approximately 20% of 3.8 million people in the project areas were occupying homes infested with rats. Control operations are now in effect in all cities, and the living conditions of the people have been substantially improved. An increase in interest in rodent control also is evident in countries outside of the United States. The Technical Development Laboratories of the National Communicable Disease Center are participating in the World Health Organization program of research on new rodenticides. The evaluation program involves five steps which carry a candidate toxi¬cant from laboratory phase through field testing. Acceptability and suitable concentrations of both acute and accumulative rodenticides are determined. Observations are made on the hazard of the compound to pets and to other nontarget vertebrates. Laboratory and field studies have been completed on a new, promising stabilized scilliroside glycoside which has given excellent control of the Norway rat in 16 out of 19 premises. Another new coded compound has shown a unique specificity for roof rats as compared to Norway rats. Although anticoagulant resistant rat populations have occurred in several countries in Europe, as yet no evidence has been noted of such resistance in rats in the United States.