Simpl078: марта 2012

четверг, 15 марта 2012 г.

German prosecutors formally charge John …

Development Starts Strongly

Response to the start of sales for Thorngate in north suburbanRiverwoods is an indication that the move-up housing market ispicking up momentum.

Lexington Homes held a lottery to assign appointment times forprospective buyers to talk with sales people. More than 600potential buyers showed up.

Lexington plans to build 213 upscale homes, priced from about$320,000 to $400,000, and has sold 76 more lots to custom builders.

Many of the sites are 1/2 acre, marking the first time thevillage government has permitted sites smaller than 1 acre.

…

Rinne's 15th NHL shutout lifts Preds over Stars

DALLAS (AP) — Pekka Rinne made 30 saves for his 15th NHL shutout, Cal O'Reilly scored in the game's first minute, and the Nashville Predators held on to beat the Dallas Stars 1-0 on Saturday night.

Nashville came out aggressively and built early momentum when O'Reilly tucked a rebound past Stars goalie Kari Lehtonen 42 seconds after the opening faceoff. Shea Weber and Steve Sullivan assisted.

Rinne did the rest for the Predators, especially in the second period when Dallas held a 13-5 shots advantage.

The Predators (4-0-3) won their first three games and then dropped three consecutive overtime decisions before getting back on track in their second road game of the …

среда, 14 марта 2012 г.

Dodgers 13, Diamondbacks 3

…

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They cry by themselves, and, not knowing that their depression is not unusual, feel guilty about it.

'I received some of the most devastating news of my life. One ofmy oldest and dearest friends, Jennifer Mudd Houghtaling, had takenher own life only two months after giving birth to her first child,Brandon.

"This was incomprehensible to me. Jennifer could not have donethis! I knew her too well. She was one of the most fun-loving,energetic, free spirited, compassionate, kind, loving , non-judgmental people I have ever known."

The words are from Laura Barry Walsh in a letter she wrote afterlearning that Jennifer, her friend since early childhood, had takenher life in July of 2001 after suffering from serious postpartumdepression. "She would have been an incredible …

History, hair-story, her-story

History, Hair-story, Her-story: What TV journalist-turned-biographer A'Lelia Bundles discoverd about her celebrated foremother, hair-cair entrepreneur and philanthropist Madam C. J. Walker and herself

One of A'Lelia Bundles' favorite childhood adventures in the 1950s was going to work with her mother, the vice president of the company in Indianapolis where Madam C.J. Walker manufactured the products that groomed, employed and empowered thousands of African American women. In the air hung the bergamot-scented family legacy of style and success.

In an elegant apartment nearby, she remembers being mesmerized for hours by her late grandmother's vanity, covered in mauve silk and …

Tour of Germany canceled in 2009

Cycling's doping-battered image was dealt a double blow in Germany on Thursday when organizers canceled the country's main multistage race and the two main national public broadcasters decided to drop live coverage of the Tour de France.

The decisions follow a string of new Tour doping that further discredited the sport and threaten to turn cycling into a fringe sport in one of Europe's biggest markets.

Organizers of the 2009 Tour of Germany, a nine-day event usually held in August, said they were dropping the race due to a lack of sponsors.

"We regret having to make this decision," said Kai Rapp, the general manager of the …

Star's homecoming for concert

HE'S the most famous tenor in advertising -- and he's coming hometo Carmarthen next week.

Wynne Evans will be launching his new album 'A Song In My Heart'at a special charity show at the Lyric Theatre, on Tuesday, March 8."It promises to be an exciting and emotional occasion," Wynne said.

"The show features some special guests and will also be recordedfor S4C for transmission on Mother's Day."

Wynne is one of the biggest classical singers in Britain, but healso performs something of a juggling act with a career as theflamboyant Gio Compario, the star of TV's popular Go Compareadverts.

He was born in Carmarthen, was instrumental in the saving …

Palestinian Interior Minister Resigns

GAZA CITY, Gaza Strip - Palestinian Prime Minister Ismail Haniyeh on Monday accepted the resignation of his interior minister following a new wave of factional fighting in the Gaza Strip, officials said.

Interior Minister Hani Kawasmeh had offered his resignation two weeks ago to protest the deteriorating security situation in Gaza. But Haniyeh had tried to persuade Kawasmeh to stay on.

After a new wave of fighting left six people dead, Haniyeh on Monday accepted the resignation, said two officials, speaking on condition of anonymity because they weren't authorized to speak to the media. Kawasmeh recently offered a security plan aimed at bringing law and order to Gaza, …

3 men arrested for allegedly spying for Israel

Lebanese authorities arrested three men early Saturday for allegedly being part of spying ring for Israel, security officials said, in the latest episode in the long-running espionage war between the two countries.

Agents grabbed the three _ two Lebanese and a Palestinian _ from their homes in southern Lebanon during a raid early Saturday, security officials said.

Authorities are searching for a fourth suspect, the officials added, speaking on condition of anonymity because they were not authorized to talk to the media.

The Israeli government could not reached for comment on the Jewish Sabbath.

The arrests were based on information …

Twins roll, whip Angels on 5-run 1st

Brian Harper and Randy Bush each hit two-run doubles during afive-run first inning that led the visiting Minnesota Twins to a 7-4victory Monday over the slumping California Angels.

The victory enabled the West-leading Twins to boost their leadto 3 1/2 games over the idle White Sox. The Angels, meanwhile, losttheir sixth in a row and have dropped 20 of their last 28.

Twins starter Kevin Tapani (9-7) earned his fourth consecutivevictory. He gave up eight hits, struck out six and walked none in 82/3 innings. Rick Aguilera got the last out for his 29th save.

Losing pitcher Joe Grahe (1-2) continued to have trouble gettingpeople out in the first inning as the …

Investigator: Drop charges in Coast Guard crash

JUNEAU, Alaska (AP) — An investigating officer is recommending that charges be dropped against the sole survivor of a deadly 2010 Coast Guard helicopter crash off the coast of Washington state.

Capt. Andrew Norris says in a report obtained by The Associated Press that he doesn't conclude Lt. Lance Leone was faultless in the flight.

But he says the charges focus on alleged navigational failures by Leone and tie those alleged failures to the …

SOUNDS OF THE HOLIDAYS

Caption text only.

вторник, 13 марта 2012 г.

US port closed after containers are punctured

Officials shut down an Atlantic coast port and urged people to leave the area Tuesday after nine containers with highly explosive materials were punctured.

Morehead City Fire Chief Wes Lail told television station WTVD the chemical involved is pentaerythritol tetranitrate, a powerful explosive. It's not clear what form the chemical was in.

It's also known as PETN, the substance authorities say was part of a device a Nigerian man tried to use to bring down a Detroit-bound Northwest flight on Christmas Day. PETN is often used in military explosives and found inside blasting caps. It is also the primary ingredient in detonating cords used for industrial explosions.

Authorities did not immediately say how big the containers were or how they were damaged.

Police told people near the port to stay away from windows and doors. Officers were sent downtown to knock on doors and relay alert and evacuation recommendations.

Morehead City police spokeswoman Amy H. Thompson said people close to the port were leaving, but she did not know how many.

Mascia traveling to Italy for Development Office

Angela Mascia, the West Virginia Development Office employee whoseex-husband said she was having an affair with Gov. Bob Wise, istraveling to Italy this week on business. Development Officespokeswoman Jan Dickinson said Mascia will be the guest speaker at aconference arranged by West Virginia's European trade office inMunich.

"No one but Angela is going on the trip," Dickinson said.

Dickinson said Mascia would be out of the office all week. Masciais the project manager for Europe, and is responsible for recruitingbusinesses from Europe to West Virginia.

State records show Mascia and Wise traveled several timestogether, including a trip to Spain on a trade mission last fall.

Mascia's divorce from Phillip Frye was finalized Thursday inKanawha County Family Court.

Readers Picked Hershey

Warner Bros. may think Meryl Streep is just the actress to starin "The Bridges of Madison County," but Celebs page readers don'tagree.

In a phone-in poll last summer, callers said their favoriteFrancesca would be Barbara Hershey. The actress snared 145 votes -18.5 percent of the total, followed by Isabella Rossellini (with 112votes). Streep didn't place among the top eight.

Nearly 800 readers, 90 percent women, called during BillZwecker's poll in July, 1993.

U.S. Troops Clash With Shiite Fighters

BAGHDAD - A fierce gunbattle broke out after a joint U.S.-Iraqi force arrested a rogue Shiite militia leader in Karbala on Friday, leading to an airstrike and the deaths of some 17 militants, the military said.

U.S. troops also captured four militants suspected of links to networks that smuggle weapons and fighters from Iran, which Washington accuses of fueling the violence in Iraq with its support of Shiite militias.

The U.S. military has promised to crack down on Shiite militias, which have been blamed for thousands of execution-style killings and roadside bombings, as well as on Sunni extremists usually blamed for suicide attacks and other bombings.

Militia violence declined after radical Shiite cleric Muqtada al-Sadr ordered his fighters to lay low when a U.S.-Iraqi security crackdown began in February. But such attacks have recently increased out of frustration over frequent raids against al-Sadr's supporters and the failure of security forces to stop bombings that target Shiites.

In the Shiite holy city of Karbala, 50 miles south of Baghdad, the joint force moved in before dawn to detain a man described as the commander of a breakaway group of al-Sadr's Mahdi Army militia, along with two other suspects.

The raid went smoothly, but the troops came under fire as they left with their prisoners, the military said. Attackers fired small arms, machine guns and rocket-propelled grenades from three locations and five militants were killed in the fighting that followed, the military said.

Militants fired on a helicopter assisting the operation, prompting U.S. special forces to call in attack aircraft, which launched a strike that killed about a dozen more militants, the U.S. military said.

The military said no civilians were in the area, but local Iraqi officials said nine people were killed, including four militiamen and five civilians, and 23 people were wounded.

The military said their main target was a Mahdi Army assassination cell that had broken off from the group loyal to al-Sadr. The military accused the man, whom it did not name, of being behind roadside bomb and mortar attacks against U.S. forces, as well as the assassination of two Iraqi government officials.

A local policeman and a council member said a militia leader named Razzaq al-Ardhi had been detained along with his brother.

The officials, who spoke on condition of anonymity because they were not authorized to release the information, said another clash erupted between militiamen and a passing Iraqi patrol about three hours later in Karbala as mourners were removing bodies from the hospital. No casualties were reported.

U.S. and Iraqi officials have said they are unsure of the degree of control the anti-American cleric exerts over his militia, which he founded in 2003 after the collapse of Saddam Hussein's rule. The Mahdi Army engaged in fierce battles with U.S. troops in 2004 but last year al-Sadr complained publicly about "deviant" groups using his organization as a cover for murder, extortion and smuggling.

The raid against weapons-smuggling networks took place in the village of Qasarin, 10 miles north of Baqouba in Diyala province. A military statement said the operation targeted a "highly sought operative believed to be a senior leader of a weapons smuggling network." But it said he was not among the four men captured.

The men were suspected of helping to smuggle fighters and weapons including armor-piercing bombs known as explosively formed penetrators. The roadside devices have killed hundreds of U.S. troops in recent months.

The military announced separately that a U.S. soldier was killed Thursday by a roadside bomb in Diyala, where an operation is under way against a volatile mix of Sunni and Shiite extremists.

As part of that effort, U.S. and Iraqi forces recently struck an alliance with Sunni insurgent groups and tribal leaders opposed to al-Qaida in Iraq.

A representative of Iraq's top Shiite cleric, Grand Ayatollah Ali al-Sistani, called on the government to broaden the effort beyond Sunnis by rallying all the groups in Diyala to jointly fight the terrorist group.

"We call on the government to form a collective command in Diyala province from Sunnis, Shiites and Turkoman and other sects of Iraqis to give these operations a national dimension to fight the al-Qaida organization in the name of Iraq," Sheik Abdul-Mahdi al-Karbalai said in a sermon in Karbala's Imam Hussein mosque hours after the U.S. raid.

In Baghdad, tractors and cranes cleared the debris from Thursday's sophisticated vehicle bombing and rocket attack on a Shiite market district in the capital. Rescue workers pulled three more bodies from the rubble, and police raised the toll to at least 31 people killed and 104 wounded.

Mourners streamed into mosques and funeral tents were set up in the neighborhood's main street, where black banners were hung on the walls bearing the names of the dead.

Residents angry about the lack of security in the neighborhood - which was hit by a double car-bombing this week - threw stones and empty cans at U.S. soldiers arriving at the scene of the blast, according to a police officer and a witness, who declined to be identified because they feared retribution. The soldiers left.

The officer and witness said Iraqi soldiers met with the same response when they arrived about 10 minutes later, prompting them to fire to disperse the crowd. No casualties were reported.

In other violence, at least 21 people were killed or found dead nationwide on the Islamic day of rest, including five in a roadside bombing in Muqdadiyah, 60 miles north of Baghdad.

Ramsey leads the way at Wales Open

Scotland's Richie Ramsay has set the pace Friday to take an early lead at the Wales Open where former U.S. Open champion Corey Pavin is likely to miss the halfway cut.

Pavin, the 2010 U.S. Ryder Cup captain, shot a second successive 1-over 72 at Celtic Manor, the course where his American team will defend the trophy next year.

He was a longshot to play the weekend on 2-over with the cut likely to fall on 1-over or better when the second half of the field had completed the second round.

"I wanted to play the weekend but it looks as if I'm probably going to miss by one," he said. "I didn't play well my first 10 holes. I think I hit one fairway and short and crooked is a bad combination."

Pavin, who shot rounds of 66 and 65 at the Colonial in Texas at the weekend for a share of 18th place, is compiling a report on the 2010 course to deliver to potential team members on his return home.

"I'll tell them it's a very fair course. Everything is in front of them and there are no tricks to this golf course," he said. "There are a few decisions you have to make on a few holes but, for the most part, what you see is what you get."

Ramsay, the 26-year-old U.S. Amateur champion in 2006, shot a 4-under 67 to take the lead on 135, seven under par.

The English duo of Robert Rock, runner-up in the recent Irish Open to amateur Shane Lowry, and Ross Fisher, second in the BMW PGA, were a stroke behind.

Fisher shot a 66 while Rock was two shots behind on 68.

Fisher, who started at the 11th hole, made eight birdies in his round.

Rock reached 8-under with five holes remaining, but dropped four shots before a birdie at his last hole.

First round co-leader David Frost was a late starter.

After his round, Ramsay rued missed opportunities that would have improved his 67.

"I didn't miss a green and I was mostly inside 10 or 12 feet," he said. "I missed three birdie putts inside six feet."

Ramsay is in his first full year on tour and has had two top-20 finishes along with a number of missed cuts to his name in recent weeks.

Colin Montgomerie, Pavin's European counterpart as Ryder Cup captain, was in contention after a second straight 69, just five days after finishing the European Open with a triple bogey seven.

"I started birdie, birdie, birdie this morning, which was great. That got me on the leaderboard, which was different," said the Scot, who has played poorly in recent weeks.

"Payback": Accion y suspenso

"Payback": Accion y Suspenso

"PAYBACK," es la historia de un personaje llamado Porter interpretado por el ganador de un Oscarregistration, Mel Gibson. El cual es un maleante que no desaprovecha oportunidad para sacar ventaja. Es asi como roba a la Mafia China un botin que casi le cuesta la vida. Ya que su complice en este robo Val interpretado por Gregg Henry lo traiciona al quedarse con su parte de dinero, con la mujer de Porter y trata de matarlo. Lo unico que le fallo a Val, fue cerciorase de que Porter estaba muerto. Ya que Porter pronto se recupera y sale en busca de su dinero y no le importa lo que tenga que hacer para recuperarlo. "Payback" es una presentacion de Paramount Pictures y una produccion de Icon. Basada en la novela The Hunter (El cazador), escrita por Richard Stark, el filme lo dirige Brian Helgeland del libreto escrito por Brian Helgeland y Terry Hayes. La cinta la produjo Bruce Davey y Steve McEveety fue su productor ejecutivo. Gregg Henry, Maria Bello, David Paymer y Deborah Kara Unger son los co-protagonistas. Paramount Pictures forma parte de las operaciones de entretenimiento de Viacom Inc.

"Porter sale peleando desde el principio" afirma Gibson. "El esta listo y se defiende como pueda y es casi invencible contra todo. El podra ser un ladron pero eso no significa necesariamente que es un hombre completamente carente de honor. El posee un perverso sentido de la justicia." Gibson continua. "La historia es oscura, pero juguetona. Es una combinacion extrana, es una odisea interesante. La situacion en la que Porter se encuentra son tan extremas que uno tiene que reirse de ellas"

"Yo queria mostrar al maleante como un heroe, sin justificar sus acciones", dice el director Brian Helgeland. "Con Mel, es mas interesante porque anteriormente lo hemos visto en este tipo de papel. El tiene la edad y el tipo universal que realza la personalidad de Porter."

La prueba de fuego y experiencia le dejan a Porter espacio para tener solo un tipo de mujer: una que muriera por el. Maria Bello explica la alianza que Porter tiene por su pasado amor, una cortesana. "Rosie es la unica persona que en la que el puede confiar. Nosotros compartimos un pasado lleno de pesares muy profundos. Hay tanto entre ellos, tanta historia, tantas cosas que pudieron haber hecho, pero que jamas tuvieron la oportunidad de hacerlas"

Maria Bello es reconocida por su interpretacion como la apasionada pero testaruda pediatra, la Dra. Anna Del Amico, en el drama ganador del Emmy, "E.R."

"Buscaba en un monton de sumarios en la oficina", nos dice Helgeland, "cuando encontre una cinta que decia Maria Bello. No tenia la menor idea de quien era ella, lo puse en la casetera. Al verla, pense que ella es lo que estoy buscando para el papel de Rosie."

"Rosie es una mujer trabajadora" dice Gibson. "Ella logra sobrevivir cualquier situacion- especialmente lo que concierne a Porter cuando el va en busca de Val. Porter fue su chofer, su protector y ella llego a depender de el. Fue asi como se involucraron un poquito," Gibson explica. "A el no le gusta el hecho de que ella sigue en su antigua linea de trabajo, pero las circunstancias los une nuevamente en sus vidas. Ellos aun sufren por el pasado. Emocionalmente, el no es una persona muy indulgente. El es asi como un invalido emocional. Y ella tambien ha sido abusada. Los dos estan en el mismo bote."

Para el papel vital de Val Resnick, el socio de Porter que lo traiciona en el crimen, Gregg Henry fue escogido. El es reconocido por sus singulares trabajos en "Body Double," "Raising Cain," "Scarface," y numerosas obras teatrales y pelicula para la television. De acuerdo con Helgeland, "Es divertido verlo, pero al mismo tiempo va a ser muy temible cuando el cruza la linea. Su gigantesco resalte comico, le da a Henry ese balance esencial para interpretar la incorregible sicosis de Val"

"Gregg es perfecto," Gibson cree. "Alguien tiene que hacer que Porter luzca bien. Gregg hace que Porter luzca mas estremo y erratico".

"El papel de Val solo puede ocurrir una vez en la vida," afirma Henry. "El viste bien, le gusta la indumentaria, es un sadico. El es un ladron, un secuestrador y anhela pertenecer a "La Mafia".

U.S. Military Deaths in Iraq at 3,577

As of Sunday, July 1, 2007, at least 3,577 members of the U.S. military have died since the beginning of the Iraq war in March 2003, according to an Associated Press count. The figure includes seven military civilians. At least 2,934 died as a result of hostile action, according to the military's numbers.

The AP count is eight higher than the Defense Department's tally, last updated Friday at 10 a.m. EDT.

The British military has reported 156 deaths; Italy, 33; Ukraine, 18; Poland, 20; Bulgaria, 13; Spain, 11; Denmark, seven; El Salvador, five; Slovakia, four; Latvia, three; Estonia, Netherlands, Thailand, two each; and Australia, Hungary, Kazakhstan, Romania, South Korea, one death each.

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The latest deaths reported by the military:

- No deaths reported.

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The latest identifications reported by the military:

- Army Sgt. William W. Crow Jr., 28, Grandview Plaza, Kan., died Thursday in Baghdad of wounds suffered when his vehicle was struck by an explosive; assigned to the 2nd Battalion, 16th Infantry Regiment, 4th Infantry Brigade Combat Team, 1st Infantry Division, Fort Riley, Kan.

Five soldiers were killed Thursday by explosives; 2nd Battalion, 12th Infantry Regiment, 2nd Brigade Combat Team, 2nd Infantry Division, Fort Carson, Colo. Killed were:

- Army Sgt. Shin W. Kim, 23, Fullerton, Calif.

- Army Sgt. Michael J. Martinez, 24, Chula Vista, Calif.

- Army Sgt. Giann C. Joya Mendoza, 27, North Hollywood, Calif.

- Army Spc. Dustin L. Workman II, 19, Greenwood, Neb.

- Army Pfc. Cory F. Hiltz, 20, La Verne, Calif.

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On the Net:

http://www.defenselink.mil/news/

Patent news

DNA purification technique. DNA Research Innovations (www.dri-dna.co.uk) has been granted a European patent covering charge switch technology (CST), a nucleic acid technique that allows DNA purification without the use of ethanol or chaotropes. CST purifies DNA without precipitation, heating, drying, or the risk of contaminating downstream processes. The technology can be used to lay down a switchable positive charge on a wide range of solid phases. DNA binds to the positive charge and with the addition of a Tris buffer, the charge is switched off, and pure DNA is eluted.

Kinase drug discovery platform. Cellular Genomics (www.cel lulargenomics.com) has been awarded a patent covering engineered protein kinases that use modified substrates. The technology generates mutations in the active site of the kinase enzyme. The modified kinases (ASKAs) retain the function of native kinases, but can be modulated by proprietary analog inhibitors and nucleotide triphosphate analogs for pathway-based drug target identification, cell-based and in vivo target validation, and high-content DNA array-- based drug screens. The company is implementing the platform across all stages of the drug discovery process.

Cloning system.

BD Biosciences (www.bdbio sciences.com) has been granted a patent for their BD Creator gene cloning and expression system. BD Creator allows rapid generation of gene clones to help scientists gain a better understanding of gene function, which could benefit drug discovery efforts. The system uses recombinant-based technology that enables directional, single-step, fast, and precise transfer of genes from a donor vector into a suitably adapted expression vector to study protein-protein interactions, protein localization, specific gene expression patterns, and gene functions. It allows researchers to study hundreds of genes at a time using a variety of host organisms and different assay systems. The cloning system is designed to use PCR fragments created by the company's BD In-Fusion directional polymerase chain reaction (PCR) cloning system.

Small molecule patent. Kosan Biosciences (www.kosan. com) has been issued a U.S. patent claiming the recombinant microorganism used to produce Epothilone D (KOS862), its anticancer product candidate currently in phase 1 clinical trials. "Kosan is the first company to initiate clinical trials with a small molecule drug produced by genetic engineering and to express a heterologous gene cluster this large," said Daniel V. Santi, Kosan's chairman and CEO. The company produces novel polyketides (acetate-related compounds), and metabolites, which include many antibiotics and mycotoxins.

понедельник, 12 марта 2012 г.

Rep. Cubin Won't Seek New Term

Rep. Barbara Cubin announced Saturday that she will not seek re-election next year to an eighth term representing Wyoming.

The Republican has missed almost half her votes in Congress this year, spending much of her time in Wyoming tending to her husband, who has been ill for years with an unspecified immune disorder. She also has missed votes this year following her brother's death and after she broke a foot.

"In contemplating 2008, my overwhelming consideration has been the need of my family for me to come home," Cubin told about 60 members of the Wyoming Republican State Central Committee. "I look forward to coming home to be a friend, a wife, a mother, and especially a grandmother."

Cubin, 59, received just 60 percent of the vote in last year's Republican primary to beat challenger Bill Winney. She edged Democratic challenger Gary Trauner in the general election by only 48.3 percent to 47.8 percent.

She said criticism over the missed votes played no role in her decision not to run, a decision she said she made a few months ago.

"None of us know how much time we have left, but what I do know is the time that he has left, I want to be with him," Cubin told reporters, speaking of her husband.

Trauner announced recently that he intends to run again for the seat. Reports filed with the Federal Election Commission last month showed Trauner had more than $168,000 since the 2006 campaign, compared to just $55,000 for Cubin.

Three Republicans have already announced they will run for the seat, including Winney, a retired naval officer. The other two are Cheyenne motivational speaker and substitute teacher Swede Nelson and Casper social worker Kenn Gilchrist.

Obama-heckling US lawmaker says no more outbursts

The Republican lawmaker who called Barack Obama a liar during his last speech before Congress says he'll be on his best behavior for the president's State of the Union address Wednesday night.

Rep. Joe Wilson said he's been getting plenty of teasing from his family and colleagues leading up to Obama's big speech. In an interview with The Associated Press, he said there won't be another outburst like his shout of "You lie!" during Obama's health care address to Congress in September.

"I am a gentleman. My natural inclination is to be on my best behavior," he said. "I have the highest respect for the president, and I certainly look forward to the speech."

Wilson said voters in recent elections have shown that they share his concerns about health care legislation by defeating Democratic candidates. He said he thinks Obama can win significant Republicans support by paring back the bill now that it has stalled in the Senate, and he thinks Republicans agree with him on a majority of the ideas for changing the health care system.

After apologizing to the White House last year, Wilson parlayed the incident into a public relations and financial bonanza. Previously a little-known lawmaker from South Carolina, he drew campaign donations from across the country, and he now regularly appears on cable TV news shows and is a sought-after guest at Republican fundraisers.

He is, however, the only member of the House of Representatives ever to have been admonished by the chamber for speaking out while the president was delivering a speech, according to the Office of the House Historian. A week after the incident, the House passed a resolution, largely along party lines, saying Wilson's conduct was a breach of congressional decorum that brought "discredit to the House."

Wilson's shout came during Obama's speech after the president commented that illegal immigrants would be ineligible for federal subsidies to buy health insurance. Republicans expressed their disbelief with sounds of disapproval, punctuated by Wilson's outburst. Although the original proposal expressly prohibited illegal immigrants from receiving benefits, the White House later endorsed stronger language reinforcing the goal.

Wilson emphasized that he never planned to insult the president but that his emotions got the better of him.

"That was truly a one-time ... town hall moment," he said, referring to the raucous town halls over the summer where conservatives protested Obama's plans. "Since that time, it's been my view to have a civil discussion on the issues."

House GOP throws weight around The cut in Pell grants was a vote to make America weaker

When Congress convened immediately after the election, thevictorious Republican majority showed that it was the boss. HouseDemocrats were essentially locked out of the process. House SpeakerDennis Hastert said he would allow no bill even to be consideredunless it had support of the majority of Republicans. Democraticvotes did not count.

The Republican majority then expressed its values. Its first actwas to change its rules so that a member indicted on a felony chargecould remain leader of Republicans in the House. Have Republicansgone soft on crime? With three of his aides already indicted forillegal use of political funds in Texas, Republican Majority leaderTom DeLay, the true boss of the House, anticipates that he may benext. So just in case, they changed the rule against indicted leadersstaying in power. The same folks who champion zero tolerance for kidshave no problem making an exception for one of their own.

Then Republicans passed -- in one 1,000-page, 14-pound, $388billion bill -- all the appropriations they failed to consider beforethe election. That allowed them to pack the bill with billions in"earmarks," pork projects for individual members, even while hackingaway at the environmental protection budget.

Hidden in that bill was a lump of coal for America's mostdeserving college kids. Republicans passed a provision that will endup eliminating the college scholarships -- Pell grants -- for 90,000students, and cutting them for more than 1 million.

The kids who get Pell grants come from families that make lessthan $50,000 a year. These kids have to patch together loans, jobsand grants to afford a college education. The Republican majorityvoted to cut the funds to a million of these kids into order to save$300 million from a $2 trillion annual budget. These are the samelegislators who will vote to extend the tax breaks that put about $30billion a year into the pockets of America's millionaires.

On the Web page of the Republican chair of the EducationCommittee, John Boehner, is a statement that claims we have not cutPell grants. But that is what might be called a "true lie." Sure, theamount of money being spent on the program has gone up, since morekids qualify for it. But the grants to the kids are getting cut.First, they continue to lose ground to soaring college tuitions. Pellgrants used to cover over 80 percent of the average tuition forpublic four-year colleges. Now they cover about half that much. Sothe kids or their families have to go further into debt or findadditional part-time jobs to make up the difference. A lot of kidssimply can't do it and more and more end up dropping out of school.The president promised to increase the level of Pell grants when heran four years ago and again in this election. But that promise hasbeen broken.

Now the Republicans authorized the education secretary to raisethe "expected annual payment" by the kids or their families. That isa way of cutting grants without admitting it. Boehner's statement istechnically correct, but the college-student sons and daughters ofAmerica's working families will find out just how misleading it iswhen their grants are cut.

The reality is that Pell grants should be going up, as thepresident promised, not down. The entire country has a stake in thenext generation's getting the best education it can. For minorityfamilies, a huge stake is put on scraping together the funds so thata deserving child can get the education that opens the door ofopportunity.

The Republican majority finds this a less worthy cause than taxbreaks going to millionaires. Ironically, I suspect if you polledmillionaires, the vast majority would be happy to roll back theirtaxes if they knew the money would be used to help deserving kidsstay in college.

America's prosperity was created in large part after World War II,when the country, deeply in debt because of the war, chose to providea GI Bill to reward the GIs with the money for advanced education ortraining. An entire generation went to college, and made Americabetter.

The one thing we know about the right-wing cuts in Pell grants is,that by closing the door to education to working kids, they arevoting to make America weaker. They voted to allow an indictedlawmaker to lead them, but the vote on Pell grants was the biggestcrime of all.

EUROPE NEWS AT 1200GMT

Without Messmer, Stadium Is Cold and Empty Place

They didn't try to outshout the anthem Sunday. Instead, 18,000hockey maniacs were unusually subdued, realizing the tenderimportance of letting Wayne Messmer's voice boom through the Stadium.Usually, noise is the best tribute to the man; on this day, it wasrestraint at the start, followed by a loud burst for tradition'ssake.

For one afternoon in April, Memorex sufficed. Fans hung theirhomemade signs - "HURRY BACK, WAYNE" . . . "GET WELL, WAYNE" . . ."IT'S JUST NOT THE SAME WITHOUT WAYNE" - and dabbed their eyes when,as always, he stretched the final, resounding "brave" over twosyllables. But from here on, mere recordings of Messmer's powerfulbaritone just aren't going to work.

Not now. Not with the old barn closing down.

Tapes will just make us angry. They will remind us how wretchedthe world can be, how unfair it has been to a gentleman who never didanything wrong but give his hometown a lot of goosebumps. Heapparently is going to recover from a bullet wound in the neck, thankheavens. "He wiggled his toes, and then he squeezed my hand," said ex-Blackhawk Grant Mulvey, Messmer'sclose friend and business partner. "Wayne's going to make it."

Still, the story is horribly tragic. It's possible WayneMessmer, having been shot preciously close to his vocal cords in whatpolice say was a failed robbery attempt, never will sing again.Worse yet, it's unlikely he'll be able to close down the Stadium withhis nightly renditions, which is like closing down the neighborhoodbar without Sinatra. They should add it to the list of criminalcharges. Keeping Messmer from the building in its final days is thebiggest sin of all.

Such trauma isn't what the barn had in mind for its swan song.First Bill Wirtz goes pyrotechnic on us and says he wants to blow upthe place, explode decades of memories with tender loving dynamite.Now the singer who gave the Stadium its energy in old age rests atCook County Hospital, recovering from 10 hours of surgery that savedhis life. What's next, the Barton organ falling from the loft? Thefoghorn turning into a kazoo? Rarely does anyone regard an anthemsinger with gushy fondness. But Messmer has been that special to us,an institution in a sports town that doesn't award the distinctionliberally.

You can go to stadiums and arenas around America, the worldover, and never see a scene like the Messmer anthem. News accounts are listing him for his work with the Cubs and his executiveposition with the new International Hockey League franchise, alongwith past duties for the White Sox and Sting. But hockey nights atthe Stadium always will be his niche, the act that made him famous.I tell people in other towns I'm from Chicago, and they sometimessay, "I'll never forget that singer who gave everyone the chillsduring the Persian Gulf war." The moment, at the 1991 NHL All-StarGame, not only made him a treasure but showed how sports can bringhope to a troubled world and produce the most tingling patrioticsalutes.

As much as anyone, including a dreammaker named Jordan, Messmergave the Stadium a renaissance of sorts in the '80s. Before then, itwas known as an aging sports temple, filled but not always dramaticfor Hawks games, rarely filled and often lifeless for Bulls games.Messmer helped make the building magical, with the aid of someleather-lunged fans on a May evening in 1985. At least a million ofyou were there, I know. Down two games to none to Wayne Gretzky andEdmonton, the crowd tried to arouse the Hawks in the conference finalby shouting over "The Star-Spangled Banner." That took some doingbecause the voice of Messmer, before then known as da dude who singsda anthem, was almighty. But they managed to drown him out, whichled to a Hawks victory. They lost the series, but a chilling Chicagotradition was born.

The Hawks won another game Sunday, surviving the Gretzky-lessLos Angeles Kings for a 2-1 victory. But the effort was surprisinglyuninspired, given the obvious drama.

If any luck can be found in an awful story, it's that thebullet didn't strike Messmer's vocal cords. Remarkably, it missed bymillimeters. At this time, doctors won't offer a prognosis aboutwhether he'll sing again. They are happy he's alive, shot allegedlyby a 15-year-old near Hawkeye's Bar & Grill, a postgame haunt onTaylor Street.

The fantasy, of course, is to see the Hawks shock their wayinto the Stanley Cup finals. Then, from the Zamboni gate, WayneMessmer walks onto the ice and belts out the anthem before Game 1.

No man more deserves a miracle.

cccsgrchicago.org

The Web site of the non-profit Consumer Credit Counseling Serviceof Greater Chicago can help consumers grappling with credit problemsor looking to avoid them. Advice on back-to-school shopping, planninga wedding and dealing with a job loss is also on the site. --Francine Knowles

среда, 7 марта 2012 г.

Democrats spar on economy

WASHINGTON -- The Democratic presidential contenders sparredlast night in a nationally televised debate over health care andeconomic decline in the United States, restoring both rhetoricalfireworks and substantive debate to a contest that has beenovershadowed of late by Arkansas Gov. Bill Clinton's personalhistory.

The two-hour debate started quietly enough, with all fivecandidatesagreeing that Republican administrations of the last 12years have not done enough to bolster US competitiveness, financeHead Start programs and aid the middle class. So predictable was theexchange that former Gov. Jerry Brown of California finally groused,"What has been said makes a lot of sense and I think isunexceptional."

Clinton and Sen. Bob Kerrey of Nebraska repeated their calls formiddle-class tax cuts, while Sen. Tom Harkin of Iowa called for a"new New Deal" and promised to raise the federal contribution toeducation until no public school classroom had more than 20 pupilsper teacher.

Former Sen. Paul Tsongas of Massachusetts lectured the othersfor "pandering" to voters by offering what he called empty andpainless solutions, while Brown continued his offensive againstgovernment-as-usual and pushed for a "radical" new flat tax of 13percent.

Tsongas was assertive throughout the evening, portraying himselfas the only candidate willing to tell hard truths rather than playingthe role of a "Santa Claus" who promises something for nothing.

The congenial atmosphere changed when the debate turned touniversal health care. First Harkin charged Kerrey's plan tonationalize the system would inevitably lead to higher taxes andasked, "What will we get we don't get now?"

"I know this thing cold," Kerrey said. "We will get thecertainty of knowing care is there." Then Clinton seemed to waffleand Kerrey confronted him: "Pick which one you like! You can't likethem all. . . . You're trying to have it both ways."

Clinton seemed intent on avoiding attacks on his opponents;indeed, he frequently noted his agreement with his rival's variousproposals before answering the moderators' questions. He did not lieback, however, when Harkin cited economic statistics placing Arkansaslow in the nation. Clinton shot back about the people who compiledthe report: "They were just dumb, they didn't understand ourbudgeting system."

Clinton, who has been ahead in polls of New Hamsphire voters,did not get off easy last night. Kerrey and Harkin used theopportunity to fault him as a slick politician lacking a core ofconvictions, whose performance in office left his state an economicbackwater.

And, at the end of the free-for-all, Brown said theunsubstantiated stories of infidelity that have dogged Clinton are a"character issue." Kerrey quickly rose to his leading rival'sdefense, interjecting: "No, it's not."

Clinton, for his part, responded, "I'm glad to be attacked by myopponents again; this is kind of fun."

Although the candidates spent much of the evening mixing it up,each also presented emotional appeals for voters to choose him overhis rivals. They told some of their personal histories, particularlywhen asked about the role of character in the campaign.

Aside from using the character question to attack Clinton, Brownused his four years of training for the priesthood to emphasize theimportance of character. Kerrey recounted how the amputation of partof his leg had changed his life, Clinton talked of the need forintegrity and Harkin spoke of his faith in God and country.

Tsongas used the chance to make a pitch for his party. Althoughthey may disagree with each other on some points, he said, all theDemocrats "have character" while President Bush has traded hisprinciples for political gain.

The debate appeared to reflect another change in the dynamics ofthe race, as several of his rivals took shots at Tsongas, whose callfor economic patriotism seem to have served him well. Tsongas placessecond in most public opinion surveys in the Granite State.

In the last televised debate from New Hampshire, Tsongas noted,he had been almost patronized by the others and praised for hiseconomic proposals. Since then, he said, "I've moved up in the pollsand now I am Darth Vader."

Throughout the debate, a fiesty Kerrey sought chances toconfront Clinton as a candidate who craves to be all things to allvoters. "You're saying yes to a lot of people," Kerrey told Clintonas the candidates discussed their economic programs.

Along with Brown, Clinton retorted by charging the two senatorswith conspiring in a "midnight" Senate vote that raised their pay."It doesn't take any courage to put more money in your pocket," Brownsaid.

With less than three weeks left before the pivotal New Hampshireprimary, both Kerrey and Harkin, who have been lagging in the polls,made strong, assertive presentations of their views to try to changethat.

Kerrey, who has been criticized for focusing heavily on hishealth care proposal, sought to broaden his message. And he tried toportray himself as the would-be leader ready to make tough choices.

"It sort of looked like all hat and no cowboy to me," he said incharacterizing President Bush's State of the Union address. Thequestioners were public television's Robert McNeil and Jim Lehrer,who sat with the candidates around a nine-sided table.

"I hear fear in the president's voice that if he told us thetruth we'd be upset," Kerrey continued. Saying that the nation needsa specific industrial policy, he added: "I'm not providing a freelunch for anybody. It's tough to make controversial decisions."

Harkin also was aggressive. He took shots, particularly atClinton and Tsongas. Both men, he said, were just offering avariation of Reaganomics with their proposals to cut some capitalgains taxes.

Clinton and Tsongas want to cut the tax in specificcircumstances, which they say would stimulate business growth, butthey oppose Bush's across-the-board reduction, which all theDemocrats argue would disproportionately benefit the wealthy.

"We are not the problem," Harkin said, asserting that hedisagreed with Tsongas on the need for US companies to improve theircompetitiveness. Harkin repeated his long-held position that moremoney should be invested in this country, particularly forimprovement of the infrastructure. "The problem," he said, "is weneed new leaders."

Clinton made his stab at differing with Tsongas by saying hedisagreed with his notion that the Cold War was over and the Japaneseand Europeans won. "We ought to celebrate winning the Cold War,"Clinton said.

He went on to explain details of his economic proposals and saidthe nation needs a strategy if it is to compete. He blasted Bush,who he said "does not recognize the magnitude of the problem."

Democrats spar on economy

Tsongas was assertive throughout the evening, portraying himselfas the only candidate willing to tell hard truths rather than playingthe role of a "Santa Claus" who promises something for nothing.

Clinton, for his part, responded, "I'm glad to be attacked by myopponents again; this is kind of fun."

Kerrey, who has been criticized for focusing heavily on hishealth care proposal, sought to broaden his message. And he tried toportray himself as the would-be leader ready to make tough choices.

Harkin also was aggressive. He took shots, particularly atClinton and Tsongas. Both men, he said, were just offering avariation of Reaganomics with their proposals to cut some capitalgains taxes.

He went on to explain details of his economic proposals and saidthe nation needs a strategy if it is to compete. He blasted Bush,who he said "does not recognize the magnitude of the problem."

Obama's 'no income taxes on seniors' draws critics

Democratic presidential candidate Barack Obama's plan to exempt some senior citizens from paying income tax is getting bad reviews from tax policy experts.

Obama has pledged that seniors making less than $50,000 a year would not have to pay income tax. Tax policy experts see it as another subsidy for senior citizens, who already get federal help through the government's Social Security pension plan and Medicare health insurance and often have economic advantages over other demographic groups.

Seniors typically have paid off their mortgages. Many have investments and usually don't pay taxes on their Social Security benefits. The kids are usually grown, so …

вторник, 6 марта 2012 г.

Statutory reform to protect migrations as phenomena of abundance.

   I. Introduction  II. The Need for Law Reform to Protect Migrations as Phenomena      of Abundance      A. Three Case Studies of Migration         1. Red Knot         2. Pronghom Antelope         3. Monarch Butterfly      B. Why Is a Comprehensive Legal Approach Needed?      C. Shortcomings of Existing Federal Laws for Protecting         Migrations      D. What Would a New Migration Protection Law Offer?      E. What Migrations Would Benefit Least and Most from Law Reform III. Description of a Proposed Migration Protection Act      A. Findings and Purposes      B. Applicability      C. Legal Approaches for Listed Migrations      D. First Steps for Non-Listed Migrations IV. Conclusion

I. INTRODUCTION

It's a wonderful thing that the American bison (Bison bison) managed, narrowly, to avoid extinction. We can see bison at Yellowstone, and in zoos, and that is good. We don't even have to go very far if we want to buy and eat bison meat. But the American bison, as it historically existed in the United States, is in fact gone. It no longer gathers in herds of thousands or moves across hundreds of miles of unbroken prairie, and it no longer shapes the ecological system that sustained it. (1) We have preserved the species, but we can only respond with wonder--we are indeed willing to do no more than wonder--at what the migration must have been.

Even so, there are other migrations that have thus far survived all of the development, borders, barriers, harvest, and habitat alterations we have thrown in then way. It may be that we are willing to make the necessary commitments so that those migrations might make our children, and ourselves, marvel. It may be that we are willing to do more than merely see that the species survives. It is worth hoping that we are willing to conserve the extraordinary natural spectacle, the ecological force, and the natural wonder of some species in full natural context: we may be willing to conserve migrations themselves, and in this article, we hope to enrich the discussion that has begun on that proposition.

We define migration simply as the cyclical, predictable, round-trip movement of the entire population, or any geographically separate part of the population of any species or subspecies of animals. (2) Ranging, dispersal, and certainly foraging are not "migration" for purposes of our discussion. (3) This broad and simplistic definition of migration suits our purpose in this article, which is to focus on the conservation of behaviors and processes related to the migration cycle. Such behaviors and processes may be part of the movement phase--active movement as well as stopover activities--or the stationary phase--e.g., breeding, nesting, and overwintering--of the migration cycle. In fact, we will frequently use the terms "migration" and "migration phenomena" as shorthand for all of the migration-related behaviors and processes exhibited by a particular population.

Our conceptual perspective in this article is that migration-related behaviors and processes are themselves phenomena worthy of protection, as a category of biodiversity. Lincoln Brower has employed the concept of an "endangered phenomenon" as an alternative to the predominant conservation paradigm, which focuses on diminishing species diversity, minimum viable populations, and the demise of habitats and populations that leads species to extinction. (4) Brower defined an endangered phenomenon as "a spectacular aspect of the life history of an animal or plant species involving large numbers of individuals that are threatened with impoverishment or demise; the species per se need not be in peril; rather, the phenomenon it exhibits is at stake," and he referred to the migration of the monarch butterfly as an example of such an endangered phenomenon. (5) Similarly, the monarch's winter roosts in Mexico and California were designated as threatened phenomena by the International Union for Conservation of Nature (IUCN) in 1983, reflecting the recognition that a migratory phenomenon can be imperiled even though the species as a whole is not in danger of extinction. (6) Professor David Wilcove's writings on migrations as "phenomena of abundance," (7) as well as Professors Fischman and Hyman's article on the legal components of migration protection, also rely on this theme of biological phenomena worthy of protection. (8) Most recently, David Quammen wrote about animal migration as awe inspiring and "a phenomenon far grander and more patterned than animal movement." (9) This perspective of migration as a "phenomenon" shines a spotlight on notable behaviors and processes, such as mass movements of animals, movements through ancient pathways, and mass aggregations at wintering, breeding, and stopover sites. Protecting such life-history phenomena adds to the biodiversity conservation agenda. (10)

Migration phenomena can provide ecological, psychological (e.g., aesthetic), cultural, and economic benefits. (11) Ecological benefits include seed dispersal, nutrient transport, and pollination. (12) In some instances, as was true in the case of the bison, migration shapes the landscape and thus, in some respects, the ecology of the areas in which it occurs. Additionally, the opportunity to observe large numbers of animals congregating or moving together has important cultural and psychological value to humans; images of salmon leaping over waterfalls on their way upriver, enormous "Vs" of Sandhill cranes (Grus canadensis) flying south in the fall, and whale pods plying coastal waters, are iconic. Imagine seeing, as some did as late as 1871 in southern Kansas, a herd of bison the main body of which was estimated to be fifty miles deep and twenty-five miles wide. (13) Some migrations in our country are part of our heritage not unlike properties that are protected by the National Historic Preservation Act. (14) Migrations and migratory species also provide economic benefits including harvest and sales of harvesting equipment, nature oriented tourism and recreation, and travel to the locations in which such activities can be pursued. (15) With the loss of migration phenomena comes the loss of values and benefits associated with those phenomena, even if the species itself is not in peril.

The migration-as-phenomenon perspective does not supplant the traditional paradigm of species-based conservation, and the two perspectives are complementary. Ensuring the existence of a species is essential for protecting the migration-related behaviors and processes that constitute the phenomena proclaimed by Brower, Wilcove, and Quammen as worthy of protection. On the flip side, for obligate migrants, ensuring the existence of the migration is essential for protecting the species. (16) In particular, protecting migrations while the species' populations are still relatively abundant, and the ecological, psychological, cultural, and economic benefits of migration are still forthcoming, is a proactive approach that can keep species from reaching the dire straits that requires emergency room intervention.

Furthermore, conserving any phase of a species's migration cycle as a phenomenon requires protecting the animals during all phases of the cycle--at the breeding grounds, at locations inhabited and used during other stationary phases, during movement, and at stopovers. For example, identifying and protecting the breeding and wintering grounds of migratory buds is clearly important to ensuring population persistence. (17) Yet migratory birds spend approximately 25%-33% of their annual cycle in transit between breeding and wintering areas, and survival challenges encountered on these journeys, including mortality at stopover sites, may be responsible for a majority of annual adult mortality in land birds. (18) In short, all phases of the migration cycle must be maintained to ensure that any one phase of the cycle persists.

Yet the traditional species-based perspective of conservation, with its focus on declines in abundance, rarity, reactive conservation actions, and minimum viable populations, is limited and will usually produce different priorities for conservation and scientific research than the migration-as-phenomenon perspective. (19) The species-based perspective focuses our attention first and foremost on the persistence of the species. The United States appears to have accepted the notion that the loss of species as compositional elements of biodiversity is a serious problem. (20) The concept of extinction is readily grasped. Certainly, as mentioned above, for those populations that must migrate to survive, conserving migratory behavior and avoiding population extinction are two sides of the same coin. A minimalist approach would seek merely to maintain the smallest number of individuals necessary to accomplish the migratory behavior and avoid extinction--the minimum viable migration or population. But the only benefits of migration maintained by this strategy, other than the survival of the species, are whatever benefits accrue from that minimum number of animals. The benefits of minimal populations may not include many of the ecological, psychological, cultural, and economic benefits associated with migration phenomena, which typically require higher abundances than minimum viable populations. This is why we speak of migration as a "phenomenon of abundance." (21) Thus, restoring and maintaining relatively high abundances--e.g., historic levels or carrying capacity--are conservation and research priorities for the migration-as-phenomenon perspective, but are not necessarily priorities for the species-based conservation perspective.

This Article presents an idea for a new federal law that reflects the perspective that conservation of migratory behaviors and processes as phenomena of value in and of themselves, and not only of value for species persistence, can provide unique and important benefits. Such a perspective would fill a gap in the existing scheme of conservation laws. Existing conservation policy generally serves the species-based conservation perspective and, with the notable exception of laws targeting North American waterfowl and marine mammals, is not designed and implemented to effectively protect the benefits and values of abundant animal migrations. The Endangered Species Act (ESA), (22) the Migratory Bird Treaty Act (MBTA), (23) and the 1979 Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention), (24) while offering protections for species that migrate, are not fundamentally concerned with protecting the functional benefits and values derived from the process of migration. Rather, these laws are generally concerned with protecting the benefits that flow from the existence of the species populations, and deal with cross-boundary movements because dealing with the movements is necessary for the species conservation purpose. (25) If migratory populations could be better conserved by reducing or eliminating the migratory behavior, the purposes of these laws, which generally are to prevent scarcity and extinction, would still be served.

Our proposed federal law to protect migrations as phenomena of abundance would authorize a comprehensive set of legal tools, including both carrots and sticks, applied to a limited set of nationally or regionally "significant" or "important" migrations. To be sure, such a comprehensive approach is a worthy long-term goal for all migratory populations--including, for example, populations of songbirds, (26) tree bats, (27) turtles, (28) fishes, (29) and insects (30)--regardless of their national or regional "significance." Migratory animals are especially vulnerable to a variety of threats because they are exposed to multiple ecosystems and jurisdictions, tend to congregate in large numbers in discrete and often vulnerable areas, and require a large amount of fuel for then long-distance movements. (31) In terms of the benefits of migration mentioned above, many of the migratory populations that currently may lack national or regional significance serve important ecological roles at local geographic scales and are highly valued by one or another subset of the public for scientific or other reasons. By focusing on a limited set of nationally and regionally significant migrations, however, we stand a reasonable chance of having the law introduced into Congress. (32) If such a law were enacted, we could use it to learn about the costs and benefits likely to result from applying various mixtures of legal approaches to migration protection in general. (33)

Part II argues that a new and comprehensive federal law to protect nationally or regionally significant migrations as phenomena of abundance is needed. The existing fragmented framework of laws and authorities is insufficient to protect most migratory populations against a diversity of threats across multiple jurisdictions and broad geographic scales. Part II.A sets out three migration stories--the rufa subspecies of the American Red Knot (Calidris canutus), the Grand Teton population of the pronghorn antelope (Antilocapra americana), and the eastern North American population of the monarch butterfly (Danaus plexippus)--that will be used to explore and illustrate our ideas for law reform geared toward protecting migrations. Part II.B examines why a migration law should authorize and apply a comprehensive set of legal approaches. Part II.C summarizes the shortcomings of existing conservation laws for protecting migrations as phenomena of abundance. In Part II.D, we examine how a migration protection law might have advanced the conservation of the case-study populations over what has occurred to date, and how it might contribute to their conservation in the future. Finally, in Part II.E, we point out, as a caveat, that some migratory populations would not likely benefit from a new law at this time.

Part III then outlines the central elements of our proposal for a federal migration protection law. We first consider the purposes of such a law in Part III.A, and in Part III.B we suggest alternative methods for nominating and listing "nationally or regionally significant" migrations. We also suggest criteria for selecting such migrations. Part III.C reviews the legal approaches most useful for our proposed law as a function of the health of the listed migration. Then, in Part III.D, we briefly outline some first steps toward conserving the many migrations not likely to be deemed "significant" and thus not covered by the comprehensive approach applied to "significant" migrations.

II. THE NEED FOR LAW REFORM TO PROTECT MIGRATIONS AS PHENOMENA OF ABUNDANCE

Several United States statutes and international agreements have been set in place to conserve species that migrate. For example, statutes include the MBTA and Marine Mammal Protection Act (MMPA), (34) mentioned above, as well as the Migratory Bird Conservation Act, (35) Neotropical Migratory Bud Conservation Act, (36) Marine Turtle Conservation Act, (37) and North Pacific Anadromous Stocks Act. (38) International agreements include the Interim American Convention for the Protection and Conservation of Sea Turtles, (39) the bilateral Migratory Bird Treaties, (40) and the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean. (41) These statutes and agreements as well as others have spawned multiple programs and initiatives for migratory species, such as the Migratory Bird Program, (42) North American Waterfowl Management Plan, (43) United States Shorebird Conservation Plan, (44) North American Waterbird Conservation Plan, (45) Partners in Flight, (46) the North American Bird Conservation Initiative, (47) Western Hemisphere Shorebird Reserve Network, (48) Western Hemisphere Migratory Species Initiative, (49) and Wildlife Without Borders. (50)

Several of these laws and management initiatives have at least the potential to protect some migratory populations at relatively high abundances. In particular, an objective of the MMPA is to restore and maintain marine mammals at "optimum sustainable" levels. (51) Unlike the MMPA, the MBTA does not specify any objective for population abundance, but neither does it contain on its face any limit on abundance, so the MBTA could be used to maintain migratory bird populations at historic abundances if that target were politically and ecologically feasible. (52)

Yet, as we point out in this Part, even these laws are inadequate as templates for the kind of law that is needed to conserve migratory populations and the benefits derived from their migrations. Although these laws may address the need to maintain abundances above minimum viable levels, they attempt to achieve the desired results by relying primarily on limited and not very flexible legal approaches. In this Part we examine the need for a new migration protection law that employs a range of legal approaches to address the diversity of threats that migratory populations face. To assist in that task, we reflect upon the stories of three migratory populations that are nationally well known.

A. Three Case Studies of Migration

Throughout this Part we use three case studies to explain and justify the need for law reform to protect migration phenomena: the rufa subspecies of the American Red Knot (Caladris canutus rufa), a shorebird that has been declining due in part to reductions in its food supply, horseshoe crab eggs, at its main stopover site at Delaware Bay; a population of about 200 pronghorn antelope (Antilocapra americana) that summers in Grand Teton National Park and which faces obstacles along its ancient 170-mile migratory corridor between the Tetons and its winter range in the Upper Green River basin in western Wyoming; and the eastern North American population of 100-500 million monarch butterflies (Danaus plexippus), which overwinter in dense clusters on the boughs and trunks of fir trees at a handful of high-elevation sites in a small area of central Mexico. AU three populations are currently recipients of varied conservation efforts. The primary threat for the Red Knot, the pronghorn, and the monarch populations occur during the stopover, movement, and overwintering stage, respectively, but impacts at other stages of the migration cycle also threaten these migratory populations.

1. Red Knot

The accounts of the rufa Red Knot frequently begin with a statement of wonder at the 30,000-kilometer annual migration, "one of the longest-distance migrations in the animal kingdom." (53) Red Knots, which are "jump migrants," fly thousands of kilometers without stopping: a large part of the population breeds in the Canadian Arctic and winters in South America. (54) Although Red Knots spread across a large area of the Arctic during the breeding season, for the rest of the year they occur mainly in large flocks at a limited number of key coastal sites. (55) The Delaware Bay area (in Delaware and New Jersey) is the final known spring migration stopover on the journey north. (56) The Red Knots concentrate in the Delaware Bay area from the middle of May to early June, corresponding to the spawning season of horseshoe crabs (Limulus polyphemus). (57) The Knots feed on horseshoe crab eggs, rebuilding energy reserves needed to complete the migration to the Arctic and arrive on the breeding grounds in good …

Statutory reform to protect migrations as phenomena of abundance.

   I. Introduction  II. The Need for Law Reform to Protect Migrations as Phenomena      of Abundance      A. Three Case Studies of Migration         1. Red Knot         2. Pronghom Antelope         3. Monarch Butterfly      B. Why Is a Comprehensive Legal Approach Needed?      C. Shortcomings of Existing Federal Laws for Protecting         Migrations      D. What Would a New Migration Protection Law Offer?      E. What Migrations Would Benefit Least and Most from Law Reform III. Description of a Proposed Migration Protection Act      A. Findings and Purposes      B. Applicability      C. Legal Approaches for Listed Migrations      D. First Steps for Non-Listed Migrations IV. Conclusion

I. INTRODUCTION

II. THE NEED FOR LAW REFORM TO PROTECT MIGRATIONS AS PHENOMENA OF ABUNDANCE

A. Three Case Studies of Migration

1. Red Knot

четверг, 15 марта 2012 г.

среда, 14 марта 2012 г.

вторник, 13 марта 2012 г.

понедельник, 12 марта 2012 г.

среда, 7 марта 2012 г.