text:
AVI-SPL offers training and professional
development classes by
SMART-certified trainers that cover
topics including SMART Notebook
Basics, SMART Table Basics, and
SMART Grade Level Specific
Notebook Advanced. Participants
gain access to an online database
library of support materials and
receive a video of their training
Price: Contact company for pricing.
Category: training
Blackboard has expanded access to its mobile
learning application with an updated release
that lets students and faculty create and
upload content to their courses. The redesigned
user interface supports threaded discussions
and the ability to set "favorites" for
easier access and management.
Price: free to Blackboard subscribers
Category: mobile applications
Pearson's stand-alone app (for Apple products) features
a variety of interactive elements that help high
school students prepare for world-history exams and
supports any world- or global-history course. Brief
Review includes 80 questions in a diagnostic test
that covers eight subjects pertaining to the ancient
world through today.
Price: free through iTunes
Category: history
Follett Software has upgraded
the learning-management system
Cognite. The new version includes
an enhanced database of content
standards, an Android app, and
integration with Turnitin software.
Teachers and administrators can
correlate their own content to the
updated standards.
Price: Contact company for pricing.
Category: management
This new Web site provides resources
to help with the changeover to the new
state standards. Beyond explaining the
standards, Common Core offers assistance
in the form of online workshops
with video training modules, among
other training tools.
Price: Varies according to service.
Category: school standards
Conceptua Fractions now
includes Texthelp Systems'
SpeechStream read-aloud feature
with synchronous dual color
highlighting. The SpeechStream
technology offers read-aloud
to users who need auditory
support, especially those who
struggle to read because of
print-based learning differences,
students with learning disabilities, English-language learners, and users
with low vision.
Price: Contact company for pricing.
Category: math/language
TH(i)NQ Ed has introduced a hosted
communication suite for K–12
schools that provides the benefits
of an enterprise-wide solution
while ensuring security for the
school system. Courier offers shared calendars and folders as well as
mobile access and integration with third-party tools and Web sites
and is 98 percent E-Rate eligible.
Price: Contact company for pricing.
Category: digital communication
Digital Schools has created a networking
and communications application
that offers secure advanced router
capabilities, secure firewall and anti-virus, spam
filters, and more. DS Secure supports the network and communications
needs of K–12 schools and offers more than 500 information
technology solutions.
Price: Contact company for pricing.
Category: IT security
RM has released a Mac version of its
whole-class teaching and learning software
that works with interactive whiteboards,
slates, projectors, and studentresponse
systems. Easiteach Next
Generation includes 30 new features,
including Easiteach widgets, apps for
whiteboards and slates, JWB file support,
and more than 250 interactive lessons and graphic organizers.
Price: Contact company for pricing; free trial available.
Category: interactive whiteboard lessons
The E-Rate compliance services firm Funds for
Learning has released the first E-Rate application
for the iPhone, iPod touch, and iPad. The
app delivers the functionality and information
users are accustomed to receiving from
the company's E-rate Manager service, such
as easy navigation and access to up-to-date
funding-year information.
Price: free with active E-rate Manager account
Category: education compliance
Google has announced the availability
of more than 20 educationspecific
apps in the new education
category for the Google Apps
Marketplace. These include Webbased
learning-management systems,
such as Haiku; student tools
for e-portfolios, like Digication; and
learning games, such as BrainPop.
Price: Varies according to app and
subscription service.
Category: management
This online teaching resource
helps students learn about topics
such as recycling, conserving
energy, endangered species, and
the climate cycle in a fun and interactive
Price: Ranges from $3.95 to $12.95;
annual subscription, $250.
Category: environment
This new product brings technology
solutions together to encourage
classroom collaboration and improve
management capability. The suite is
available for three areas: early childhood
and elementary education (pre-
K–4), secondary education (grades
five through 12), and blended environments
and the cloud (pre-K–12).
Price: Contact company for pricing.
Category: management
STI has developed an ad hoc
reporting module for its Webbased
system. The INFOCUS permits
cross-examination of
data from various STI sets,
such as attendance and
grades. Subscribers to STI 's
InformationNO W receive the
module as a free upgrade.
Price: free to subscribers
Category: management
iParadigms has released a service that
provides authors, researchers, and freelance
writers access to their iThenticate
plagiarism-prevention software. It lets
users cross-reference their manuscripts
with a database of scholarly material in
scientific, technical, and medical fields to
ensure that content is cited accurately
before submission.
Price: Contact company for pricing.
Category: writing
LEGO Education and Learning.com have
teamed up to deliver a curriculum module
(geared to grades two through eight) on
Learning.com's digital learning environment.
Teachers can find a module that focuses
on key physical science (STEM ) principles,
assign the work to students, and track and
grade progress online.
Price: Contact company for pricing.
Category: science
SkillsTutor has released a Common Core
State Standards–aligned version of its
Math Fact Fluency, an all-digital program
that helps students learn basic facts
about addition, subtraction, multiplication,
and division. The program can be
used to replace flash cards with individualized instruction and practice
Price: Contact company for pricing.
Category: math
Microsoft has expanded on its Office
365 cloud service to offer cloud productivity
software for K–12 schools and
universities. Planned for release later this year, Microsoft Office 365
for Education will help students and educators communicate and collaborate
from any location on any device.
Price: not yet available
Category: management
DYMO /Mimio has released a new version of its
MimioStudio software for Mac and Linux users.
MimioStudio 7 works with the MimioClassroom
solution, which includes a device that enables
whiteboard interactivity, a document-viewing
camera, a student-assessment system, and an
ink-capturing system. The software provides
teachers with ready-made content for creating interactive lessons.
Price: free
Category: interactive whiteboard lessons
The new version of the Vision classroom-
management software brings
educators a fully redesigned interface
that focuses on increased functionality
and easier access and navigation.
Customers who use the Netop
Advantage annual support and upgrade program can receive Vision7
as a free upgrade.
Price: Contact company for pricing.
Category: management
netTrekker has partnered with Defined Learning to integrate premium
content from the Defined STEM collection of resources into netTrekker Search. The upgrade gives teachers access
to the full collection of standards-aligned
digital content in the STEM subjects, as
well as videos, performance tasks, and
Price: Contact company for pricing.
Category: STEM
New Dimensions Media is releasing
special access to its library of
more than 4,000 educational titles to users of Facebook and Twitter.
Subscribers, followers, and "friends" can access frequently updated
media clips from shows like Bill Nye the Science Guy and productions
by Disney Educational.
Price: free
Category: video
This free online education platform integrates
technology in the K–12 classroom
to give teachers greater control over
classroom functions by bundling SIS
(student-information systems), SMS (student-management systems),
and SES (student-enrollment systems) software into one program.
Price: free
Category: management
PLATO Learning has expanded its courseware
to offer new Advanced Placement
(AP) edition courses in U.S. History and
Chemistry. Aligned with College Board
standards, the courses prepare students
for the AP exam and for college. All content
is available through an online platform,
so the courseware is accessible and user-friendly.
Price: Contact company for pricing; subscription basis.
Category: high school curriculum
Texthelp has released a new version
of its literacy-support software program.
New additions include Picture
Dictionary, Verb Conjugation Checker,
Vocabulary List Builder, Paragraph
Translator, and Confusable Word
Checker. Other notable enhancements
are highlighted in the software's newfeature
video tours.
Price: Single-user licensing starts at $645
Category: reading and writing
The digital curriculum and test prep
company Shmoop has launched an
online ACT prep course designed to
capture students' interest by incorporating
snippets of popular-culture
television into its lessons. The course is
available for in-home purchase by individual
students or can be purchased
through site licenses for schools, districts,
and libraries.
Price: in-home use by students, $23; contact company for site-license
Category: testing
SMART Technologies' latest software,
available for download in March, supports
multi-user writing and common
multi-touch gestures, such as pinching,
zooming, and tossing. The update enables
object awareness, which lets users interact
with digital content using their fingers,
pens, or erasers anywhere on the surface
of the SMART Board 800 series interactive
Price: free download for licensed SMART
Notebook software users
Category: interactive whiteboards
Powered by BookheadEd
Learning, StudySync offers
middle and high school educators
an extensive library of
texts that help students improve communication and reading skills.
Price: Starts at $175 per teacher (up to 3 classrooms) per year.
Category: reading
Inspiration Software has launched an online
writing, visual thinking, and collaboration
tool. Students and teachers can work independently
or together on the online environment to develop their writing
skills at any time and from any location that has Internet access.
Price: Subscription package pricing available at www.webspiration
Category: management, writing
This new thin client solution includes two
SuperSpeed USB 3.0 ports along with four
USB 2.0 ports. Other updates are more display
options (DisplayPort, DVI , and VGA) and support
for gigabit Ethernet. The Z90 also offers full
support for embedded Windows applications.
Price: Contact company for pricing.
Category: thin clients
RM Education (www.rmeducation.com)
released the RM Slate,
a new tablet designed
for K-12. The RM Slate
uses Windows 7 to run
Microsoft Office and
most other applications
written for personal
It weighs just two
pounds, is a halfinch
thick, and features
an 11-inch screen.
With the multi-touch screen, pen stylus (optional), and
handwriting recognition, it is easy for users to input and
manipulate data, notes, ideas, and more.
eInstruction (www.einstruction.com)
created a new radio-frequency
student-response system, CPS
Spark (starts at $1,295). Each
device has a built-in student-results
screen, and the system includes
state standards. Its user-friendly
interface instantly integrates with
ExamView and MobiView to prevent
loss of data and provide realtime
reporting data for teachers.
Calypso Systems (www.calypsosystems.com) has developed
a new offering in its ezRoom
line of integrated AV solutions.
The ezRoom S300 is the first
solution in the line that is fully
enclosed in a powered classroom
speaker array and includes
a built-in wireless microphone.
It also has an integrated 32W,
multi-input amplifier; a threeport
network switch; and a wireless
microphone receiver.
Black Box Corp. (www.blackbox.com) has
launched a desktop-virtualization computer sharing
system. The VirtuaCore turns one CPU into
several workstations by using a single high-power
dual- or quad-core processor to serve two or four
users. This helps save up to 60 percent on hardware
and 60 to 70 percent on energy costs.
The HP (www.hp.com) 100B All-in-One
Business Desktop, which starts at $499, allows
schools to expand their technology programs
while still saving classroom space, thanks to
its sleek design (a 20-inch diagonal LCD display
console). The PC integrates HD graphics
with dual-core processing and can be easily
upgraded as needed.
Epson (www.epsonbrighterfutures.com) has released four projectors
designed for classroom use, the
PowerLite 92, 93, 95, and 96W
(starting at $649). Each upgraded
projector features a robust built-in
speaker, increased brightness, and
HDMI digital connection capability.
Additional improvements are the latest
3LCD technology, which provides
an energy-efficient light engine, and
extended lamp life.
AmpliVox Sound Systems (www.ampli.com) has unveiled a line of
20 A/V products designed to meet
the needs of multimedia presentations.
The carts, workstations,
and presentation stations offer a
range of connectivity and mobility
options. The premier SN3330
Mobile Presentation Station holds
a variety of equipment and has
four work surfaces.
The mySpark Education Platform, developed by Canadian-based mySpark Technologies (www.mySparktech.com), will offer students tools that are fully integrated with a school's existing learning management systems. Powered by Android 3.0, students can take interactive notes in digital textbooks on the 10-inch touch screen tablet, which features a 1GHz dual-core processor. The tablet enables social networking, email, and sharing of multimedia.
NewTek (www.newtek.com) has released a hardware control surface
(CS ) for the TriCaster TC XD850 high-definition portable live-production
system, which schools use to provide extended programming and content.
The TriCaster TC XD850 CS supplies a physical connection to the system's
functions and effects, allowing operators to carry out commands instantly.
Macmillan (www.iclicker.com/iclicker2) has released
i>clicker2, an enhanced version of its studentresponse-
system remote. Improvements include full
numeric and alphanumeric functionality, an LCD
screen, a battery indicator—it also requires fewer batteries—
and an enhanced instructor remote with a laser
pointer. The update is still in beta testing and will be
available in the fall.
Promethean (www.PrometheanWorld.com/NextGen) has released its next
generation of interactive whiteboards, the ActivBoard 500 Pro series. The
new whiteboards can be operated simultaneously by pen and "gesture"
touch, supporting more types of learning as well as permitting more collaboration
in the classroom.
VMP (www.videomount.com)
now offers a low-profile
projector mount designed
with a high-load capacity,
the PM-LP. Compliant with
most projectors, the mount
is equipped with adjustable
tilt and pitch, 360-degree
rotation, high load capacity,
a telescoping mast up to 35
inches, and cable management.
SMART Technologies (www.smarttech.com) will release
the Audio 340 and 360 classroom amplification
systems this summer. The speaker systems amplify
teachers' and students' voices and can be integrated
with existing SMART Notebook collaborative-learning
software. The Audio 340 and 360 each feature a
wireless infrared microphone, four speakers, and a
control unit that provides a USB interface and can be
used on their own or integrated with existing intercom
and paging systems.
Tyco Electronics (www.elotouch.com) has introduced the Elo
TouchSystems 2242L, an open-frame touch monitor available with
IntelliTouch Plus Multi-Touch surface acoustic wave touch technology.
The Elo 2242L provides a wide-screen display and light transmission
for an accurate touch response and bright images.
Energy Efficiency Education Dashboard 2.0 (www.qagraphics.com) is
a Web-based device that communicates with a building's automation
system or metering device to access real-time data on the building.
The Data Manager collects the live building data and distributes it
internally and externally for viewing on the Dashboard. The Dashboard
consists of a series of graphical user interface screens that creatively
display the organization's energy efficiencies and green features.
Workshops provide valuable PD for science and STEM educators as they l...
New partnership puts all curriculum resources, assignments and assessm...
ClassLink is pleased to announce a third partnership for ClassLink in ...
Can you turn "damp" into "dump," then "d...
Through this partnership, Bloomz will distribute critical information ...
Bloomington, Ind. (February 2, 2017)—Solution Tree, a premier ed...
California's Capistrano Unified School District (CUSD)...
Michigan's Flint Community Schools (FCS) today an...
New forum allows teachers to access–and share their own–be...
WHAT: A no cost webinar hosted by Tech & Learning magazine and spo...
(www.acer.com) The Acer C720-2844 Chromebook model delivers speedy performance, a quick boot time of seven seconds, and a matte anti-glare display tha...
(www.britannica.com) Britannica Digital Learning has upgraded ImageQuest, a resource for schools and libraries that provides nearly three million rig...
(www.classflow.com) Promethean has released ClassFlow, a free, all-in-one, cloud-based teaching tool that lets teachers create and deliver interactive...
(www.adobe.com) Adobe has released Adobe Voice, an animated video app for the iPad that lets users create and share video stories. The app incorporate...
(www.boxlight.com) The BOXLIGHT DeskBoard mobile cart adjusts both height and tilt for the P8 ultra short throw interactive projector on a white surfa...
(www.bretford.com) Bretford has introduced Core 36M, a 36-unit charging cart that is optimized for Chromebooks but which also supports most tablets, l...
(www.edmentum.com) Edmentum Sensei is a mobile optimized solution that helps administrators visualize and track overall school, teacher, and student p...
(www.hmhco.com) HMH has released HMH Player, a new native app for iOS and Google Chrome that streamlines the learning experience for improved digital ...
(www.bretford.com) Bretford has unveiled an easy-to-use modular power system with exchangeable power components. The Juice Power System uses unique ...
(www.lightsailed.com) LightSail Education has announced a literacy accelerator that combines books with in-text embedded assessments and real-time dat...
(www.myon.com) myON has expanded its digital library to include a set of literacy tools to further personalize the reading experience for students whi...
(www.nervanix.com) Nervanix has released Clarity, an application that monitors student attention levels as they study and guides them to revisit conce...
(www.robotslab.com) RobotsLAB has introduced MathBall, a smart sensor basketball and tablet system that offers curricula in algebra, pre-calculus, phy...
(www.waspbarcode.com) Wasp Barcode's MobileAsset.EDU solutions include everything administrators need to account for their assets, from software...
(www.opened.io) OpenEd has announced a free tool that lets teachers easily create assessments with the question types required by Common Core standard...
(www.panasonic.com) Panasonic's TH-80LFB70U interactive LED display features high-speed, multi-touch, interactive capabilities to promote partic...
(www.penveu.com) The penveu interactive display system is a handheld device that turns projectors and large screen displays into interactive whiteboar...
(www.califone.com) Califone has updated its PresentationPro speaker. The PA310 readily connects with computers, LCD projectors, mobile devices, intera...
(www.bretford.com) Bretford Manufacturing, Inc. has announced the availability of the companion app for its PowerSync+ enabled charge and sync produc...
(www.bretford.com) Bretford Manufacturing, Inc. has debuted the PureCharge family of iPad and iPad mini charging carts and stations. By offering pre-i...
(www.proquest.com) ProQuest's new information literacy product, Research Companion, offers videos that guide users through the research process,...
(www.averusa.com) AVer Information has developed a Student Engagement platform, providing teachers and students with the tools to transmit document ca...
(www.averusa.com) AVer has released the TabChargeCT2 charge cart solution, which can hold up to 40 Chromebooks, iPads, Android or Windows tablets, lap...
(www.extron.com) The Instant Alert function of the Extron VoiceLift Microphone, combined with a PoleVault, WallVault, or PlenumVault classroom AV sys...
(www.smarttech.com) The SMART Board 6065 is an ultra HD, 4K interactive flat panel that offers collaborative capabilities while ensuring lessons run s...
(www.gaggle.net) The new Gaggle Unity Partner Program provides free data integration services for all educational technology vendors. Through the Gagg...
(www.waterford.org) Waterford Early Learning Cloud can be used at home or to supplement lessons in classrooms. It can also be used for individual adap...
(www.netsupportschool.com) The latest version of NetSupport School allows teachers to monitor and collaborate with any mix of technology. An enhanced ...
(www.techsmith.com/camtasia) TechSmith's Camtasia gives teachers the tools to record lessons, create videos, and engage their audiences. Educato...
(www.panasonic.com) Intel has teamed up with Panasonic to announce the Panasonic 3E, which uses the Intel Education 2-in-1 reference design. Designed ...
Pushing the Boundaries of Visualization-Based Collaboration: Inside PSU's Decision Theater
What's Stopping Education IoT?
Cultural transformation needed to accelerate edtech on campus – Horizon report
Challenges Implementing Cloud at the School Level
One-to-one is Going Wonderfully in Webster Central School District, New York
Student Interns Learn Valuable Skills Retrofitting District Computers
IBM and Ricoh Launch First Watson-Powered Interactive Whiteboards
Sonance Launches Professional Series Speakers
Industry Veteran John Petrucelli Passes Away at 64
FST for Video Wall by GPO Display. Model: FST for Video Wall
Wireless Audio Portable Buddy with Wireless Handheld Mic by AmpliVox Sound Systems. Model: SW223A
Remote + Mic Accessory Cable by Shure Incorporated. Model: RMCE


text:
Full profile →'">
The author is a Forbes contributor. The opinions expressed are those of the writer.
Marketing is often confused with promotion, but it's more than that. As Peter Drucker wrote, "the aim of marketing is to know and understand the customer so well the product or service fits him and sells itself." In truth, marketing is about insights more than anything else.
Unfortunately, marketing can also be a world unto itself. A smart sounding idea can reverberate through the echo chamber and become conventional wisdom. From there, it takes on the role of an established fact and is rarely challenged.
Yet many widely held ideas are misleading, if not completely untrue and that can be a problem. When real budgets are spent on false premises, the result is not only missed opportunities, it can damage the underlying business—Pepsi's Refresh project is but one example. Here's a list of five things marketers should know, but usually don't.
1. There's No Such Thing As Engagement
At the core of the problem is the term itself. No one really knows what "engagement" means, so they stipulate "engagement metrics" such as tweets, likes, video views and so on and then measure success by how campaign performs against them. Of course, since only a few percent of consumers (at best) ever engage, these metrics are often suspect.
A much more sensible approach would be to throw out the term altogether and focus on value exchange, of which there are three types:
Product value exchange: This is the most obvious form of value exchange and it's easy to find examples. Apple excels at it and so does Wal-Mart (especially when you consider that their logistics capability is a major component of everything they sell).
Content Value Exchange: Consumers increasingly expect brands to be partners by helping them get maximum utility and enjoyment out of their purchase. Probably the oldest example is the Michelin Guides, which were originally conceived to help motorists get more out of driving to new places, but have become a powerful brand themselves.
Social Value Exchange: Every pub owner has long understood that we'll pay a whole lot more to go to a place where we can meet people than we will to get drunk at home.
While a simple change in terminology will not solve the entire problem, focusing on value exchange does help to direct action. Once you are clear about what you want to achieve, performance metrics can be designed accordingly. Babbling on about vague "engagement," on the other hand, is just a waste of time.
2. Content Is Crap
Content is probably the hottest thing going in marketing right now. Marketers strive to produce, acquire, curate and leverage content in order to create "emotional connections." Unfortunately, if you feel the need to use the term "emotional connection," you probably don't have one.
The truth is that content is crap. While there are times when using the term is unavoidable (like I just did above), talking about content gets us nowhere, much like talking about "consumers" and "purchase events" doesn't help us sell more effectively. Once we start treating things as commodities, we tend to reduce them to transactions and lose meaning.
What brands really need to do is learn how to publish. That means identifying a mission—the value you have to offer the world—and structuring an experience around it. The good news is that, unlike social or mobile, publishing is something that's been around for awhile, so there are a lot of people who know how to do it.
However, publishing does require an important shift in mindset for marketers. While marketing is consumer focused, publishing is mission focused. So don't worry about content. Find your story, make sure it's a good one and tell it well.
3. Influentials Are A Myth

subset: commoncrawl


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People can easily register on contest and upload their photos until exhibition closes. They can edit or remove photos until last day of receiving the photos. And they can track payment of entrance fee.
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A group of Chilean devil rays swim together at the top of a seamount off the coast of the island of Santa Maria. Researchers have observed deep diving behavior in the species for the first time.
The National Oceanic and Atmospheric Administration (NOAA) is celebrating "30 Days of the Ocean" in the month of June, and in honor of the organization's hat-tip to life undersea, we take a look, this final June weekend, at some of the organization's captivating marine life snapshots. Here, the eyes of a queen conch (
Strombus gigas
) peek out from under its shell in La Parguera, Puerto Rico.PHOTOS: 30 Days of the Ocean
Robert Schwemmer, NOAA National Marine Sanctuaries
Kelp and sardines, just doing what they do, off Anacapa Island, Channel Islands National Marine Sanctuary.Whales Get Fishing Tips From Peers
This school of permits contains 60-80 individuals, each more than a foot long. The school was observed in the Dry Tortugas, Florida.PHOTOS: Shipwreck Hunt Turns Up 'Tar Lilies'
A Caribbean spiny lobster strolls on the sea floor. This photo was shot during a 2010 NOAA expedition in the U.S. Virgin Islands to map underwater habitats and the marine life they support.Deep-Sea Methane Ecosystem Found in Atlantic
DNA testing confirmed that the eggs pictured here were those of a loggerhead turtle, a marine reptile species listed as threatened under the Endangered Species Act. The testing was done by NOAA's Center for Coastal Environmental Health and Biomolecular Research, in Charleston, S.C., the only lab in the country dedicated to forensic analysis of marine species.PHOTOS: Sea Turtles From Shell to Surf
This manta ray coasts over a reef, in the process inviting much smaller fish to clean parasites and other debris off of it. Manta Rays are the largest type of ray in the ocean.The World's Biggest Manta Ray Sanctuary Created
Make way for the balloonfish, also known as a porcupine or spiny puffer fish. As its name suggests, it will swell up like a balloon when attacked.VIDEO: Flushed Fish Invading Oceans
Robert Schwemmer, NOAA National Marine Sanctuaries
Off the California coast, a group of elephant seals sleeps in the sun on a sand dune on Active Point, San Miguel Island, part of the Channel Islands National Marine Sanctuary.
With its distinctive reddish and white stripes, its gracefully flowing fins, and its menacing spine, not many fish can embody the beauty, mystery, and danger of the ocean quite like the lionfish. Although it's native to the Indo-Pacific region, lionfish were introduced to the Atlantic and are now found along the U.S. coast, from North Carolina to Florida, and in the Bahamas and Caribbean. The lionfish spells trouble for the balance of ecosystems and fisheries it invades, as it can out-compete native species for food and space. It lacks predators, has a voracious appetite, reproduces quicly, and is spreading fast.
The Chilean devil ray has always been considered a shallow-water swimmer, but new research shows that the species frequently dives to depths of more than 6,000 feet (1,800 meters), likely in search of food.
Prior to this research, marine biologists thought Chilean devil rays (Mobula tarapacana) did not descend below 3,280 feet (1,000 m). However, new satellite tracking data now shows that these rays are among the deepest-diving marine animals. Researchers think the rays spend most of their time in shallow water to warm themselves, and then dive down to extreme depths in search of small crustaceans and fish to eat.
NOAA Salutes The Ocean: Photos
"The fact that they were traveling so far horizontally was not necessarily surprising, but the diving behavior was very surprising," Simon Thorrold, a senior scientist at Woods Hole Oceanographic Institution in Woods Hole, Massachusetts, told Live Science. "What they're doing down there is the big unknown." [In Photos: The Wonders of the Deep Sea]
It's common for ocean predators to dive into the mesopelagic zone, a stretch of ocean water 656 to 3,280 feet (200 to 1,000 m) below the surface, to feast on squid and krill. But few predators make it deeper than the mesopelagic zone to the bathypelagic zone.
The bathypelagic zone is a huge food resource, home to an estimated 10 billion tons of prey fish, but few ocean predators can withstand the extreme pressure, cold temperatures and low oxygen levels.
In deep ocean zones, the water can be as cold as 37 degrees Fahrenheit (3 degrees Celsius). Deep-diving ocean predators must maintain a higher brain temperature than the surrounding water, so they are equipped with a special organ called the rete mirabile. The organ functions as a heat-exchange system that warms the animal's brain and helps it function better in the extreme cold. The organ also helps the animal see better when it's hunting in deep, dark waters.
Scientists were puzzled as to why Chilean devil rays, believed to be surface dwellers, had the organ. Researchers originally suggested that the rete mirabile helped to cool the brains of the rays living in the warm and shallow tropical waters.
A group of Chilean devil rays swim together at the top of a seamount off the coast of the island of Santa Maria. Researchers have observed deep diving behavior in the species for the first time.Nuno Sá
Researchers tagged 15 Chilean devil rays off the coast of northern Africa and tracked them for nine months. The satellite data revealed that the rays can reach depths of around 6,560 feet (2,000 m), where temperatures can drop as low as 37 degrees Fahrenheit.
The rays typically hover just a few feet below the surface for about an hour, before descending deep into the cold water. Most of the dives followed the same pattern. The rays would first dive to the maximum depth, and then ascend slowly in a stair-step pattern. The researchers think this stair-step pattern allows the rays to hunt for prey that usually travel in layered clumps in the bathypelagic zone. The dives lasted between 60 and 90 minutes, and the rays usually only made one dive in a 24-hour period.
PHOTOS: Crazy-Looking Microbes From The Ocean
Thorrold and the researchers think the devil rays likely dive for food, because the rays exhibit the same quick-descent and slower-ascent diving behavior that other ocean predators (such as sharks) use when hunting. However, more research is needed to confirm this idea, the researchers said.
Most of the dives happened during the day. This is likely because the rays can warm up more during the day and because prey are easier to catch during the day, when they travel in clumps, rather than at night, when they are more spread out, Thorrold said.
This is the only species of Mobula rays that researchers have observed diving. The scientists hope that more research into these marine creatures' behavior will reveal insights about the relationship between marine animals and different ocean zones.
The details of the discovery are published today (July 1) in the journal Nature Communications.
More From LiveScience:
Marine Marvels: Spectacular Photos of Sea Creatures
The 12 Weirdest Animal Discoveries
Dangers in the Deep: 10 Scariest Sea Creatures
Original article on Live Science.
Copyright 2014 LiveScience, a TechMediaNetwork company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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Did they take the tree down?
----- Original Message ----
Actually the tree isn't dead. It is leaning at a 45 degree angle however.
It may have lost some of it's root system during the drought is all I can
figure. Or carpenter ants may be the culprit. I had one come down further
out back right after I moved in the house, carpenter ants had literally
eaten the roots away. He's going to call me today and try to come out
Saturday to have a look-see if he can squeeze me into his schedule. Hope
he can make it. Thanks 4 prayers dear.
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In all Christian denominations, baptism is a necessary step that all people must take. It represents an individual being washed clean of their sins and starting a brand new life. The way that baptism is practiced depends on the religion. Some denominations baptize infants, while others baptize children when they reach an older age. Baptisms are also commonly held for adults who have either recently joined a church or have never been baptized. No matter what the age of the participant is, white clothing is commonly worn and Dressed in White is the best place to find it. We have a strong selection of baptism dresses for girls and boy baptism outfits available in our store and online.
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The Horse Forum (http://www.horseforum.com/forumindex.php)
- Jokes and Funnies (/jokes-funnies/)
- - Swallowed a Jawbreaker! (http://www.horseforum.com/jokes-funnies/swallowed-jawbreaker-98044/)
Swallowed a Jawbreaker!
So, as it may sound funny, it's not. Here's the story. I just came back from Germany, with lots of candy. One day, as I was laying down in my bed reading, I was smart enough to have two jawbreaks in my mouth. All of a sudden, oh decided to just slip down my throat. So I had a mini panic attack, ran to the kitchen and drank lots of water.
I laughed at myself, and said wow. Don't do that again and thought that was the end of it.:shock:
Well the next day, I started to have stomach pains, I didn't think anything of it until it remained. Cramps coming on and off. I thought about the jawbreaker and told my mom. We all thought nahh that can't be it, stomach acids would have eaten it since it wasn't that big so we thought maybe it was just a little stomach bug.
Sure enough after a few days of pain, we went to the doctor, got an ex ray and the next day she informed us that there is a Jawbreaker working it's way through my colon.:-o
Here i am 7 days later and still in pain hoping this passes!
If not, within a few more days, I will have to have it surgically removed.
SO the moral of the story is-- never lay down with a jawbreaker in your mouth!
47 Attachment(s)
Well, thanks for the warning. Lol. It is kinda funny, but I hope you don't have to have surgery!!!
Posted via Mobile Device
Thanks! Everyone says it's kind of funny. But that's the truth. the painful truth :)
47 Attachment(s)
Also what's your name mean? I love somethingy? Right?
Posted via Mobile Device
Yes, it's German. Means I love horses.
of course:)
Ouch, didn't even know that could happen. Haha. Well I hope it passes and no surgery is needed!:D
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ECE Professor Edmund Yeh was awarded a $50K NSF I-Corps grant for "Optimized Content Delivery Networks".
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Faculty Profile
- Alexander von Humboldt Research Fellowship
- Army Research Office Young Investigator Award
- Best Paper Award, IEEE International Conference on Communications (ICC), 2015
- Best Paper Award, IEEE International Conference on Ubiquitous and Future Networks (ICUFN), 2012
- Senior Member of IEEE, Phi Beta Kappa, Tau Beta Pi, New York Academy of Sciences
- Faculty Fellow, Yale Law School Information Society Project (ISP)
- E. Yeh, R.A. Berry, "Throughput Optimal Control of Cooperative Relay Networks", IEEE Transactions on Information Theory, 53(10), 2007, 3827-3833
- R.A. Berry, E. Yeh, "Cross-layer Wireless Resource Allocation", IEEE Signal Processing Magazine, 21(5), 2004, 59-68
- E. Yeh, A.S. Cohen, "Throughput and Delay Optimal Resource Allocation in Multiaccess Fading Channels", Proceedings of the International Symposium on Information Theory (ISIT), Yokohama, Japan, 2003, 245
- L. Zhang, D. Estrin, J. Burke, V. Jacobson, E. Yeh, et al. "Named Data Networking (NDN) Project", Technical Report ndn-0001, PARC, 2010
- A. Bedekar, S. Borst, K. Ramanan, P. Whiting, E.Yeh, "Downlink Scheduling in CDMA Data Networks", Global Telecommunications
Edmund Yeh
Edmund Yeh received his B.S. in Electrical Engineering with Distinction and Phi Beta Kappa from Stanford University in 1994. He then studied at Cambridge University on the Winston Churchill Scholarship, obtaining his M.Phil in Engineering in 1995. He received his Ph.D. in Electrical Engineering and Computer Science from MIT under Professor Robert Gallager in 2001.
He is currently Professor of Electrical and Computer Engineering at Northeastern University. He was previously Assistant and Associate Professor of Electrical Engineering, Computer Science, and Statistics at Yale University. Professor Yeh has held visiting positions at MIT, Princeton, University of California at Berkeley, Swiss Federal Institute of Technology Lausanne (EPFL), and Technical University of Munich. He has been on the technical staff at the Mathematical Sciences Research Center, Bell Laboratories, Lucent Technologies, Signal Processing Research Department, AT&T Bell Laboratories, and Space and Communications Group, Hughes Electronics Corporation.
Professor Yeh is the recipient of the Alexander von Humboldt Research Fellowship, the Army Research Office Young Investigator Award, the Winston Churchill Scholarship, the National Science Foundation and Office of Naval Research Graduate Fellowships, the Barry M. Goldwater Scholarship, the Frederick Emmons Terman Engineering Scholastic Award, and the President's Award for Academic Excellence (Stanford University). He is a Senior Member of the IEEE, a member of Phi Beta Kappa and Tau Beta Pi. He received Best Paper Awards at the IEEE International Conference on Communications (ICC), London, UK, June 2015, and at the IEEE International Conference on Ubiquitous and Future Networks (ICUFN), Phuket, Thailand, July 2012.
Professor Yeh serves as the Secretary of the Board of Governors of the IEEE Information Theory Society. He serves as an Associate Editor of IEEE Transactions on Network Science and Engineering. He served as an Associate Editor of IEEE Transactions on Mobile Computing, the Guest Editor-in-Chief of the Special Issue on Wireless Networks for Internet Mathematics, and a Guest Editor of the Special Series on Smart Grid Communications for IEEE Journal on Selected Areas in Communications. He served as a Steering Committee Member for IEEE International Conference on Smart Grid Communications (SmartGridComm), as General Co-chair of the DIMACS (Center for Discrete Mathematics and Theoretical Computer Science) Workshop on Connectivity and Resilience for Large-Scale Networks, and as General Co-chair for the Workshop on Spatial Stochastic Models for Wireless Networks (SpaSWiN). He has also served on the technical program committees of many leading conferences and workshops, including IEEE Infocom, Globecom, ICC, SmartGridComm, and ACM MobiHoc.
Research & Scholarship Interests
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College Research Initiatives
Honors & Awards
Professional Affiliations
Selected Publications
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ECE professors Mario Sznaier, Octavia Camps, Ali Abur, & Edmund Yeh, MIE assistant professor Jacqueline Griffin, CEE professor Jerome Hajjar, COS professor Lisa Feldman Barrett, CCIS professor...
Professor Edmund Yeh is a co-recipient of the Best Paper Award at the 2015 IEEE International Conference on Communications (ICC) Communication Theory Symposium, London, UK. IEEE ICC is a flagship conference of the IEEE Communications Society.
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Red Hat Bugzilla – Bug 896403
delete snapshot which name contain '/' lead to libvirtd crash
Last modified: 2013-02-21 02:29:55 EST
Created attachment 680077 [details]
Description of problem:
Create an internal snapshot which name contain '/', then delete it via virsh snapshot-delete command. This will lead to libvitd crash.
In fact, when create the snapshot, the snapshot xml doesn't create:
2013-01-17 08:09:26.925+0000: 24012: error : virFileRewrite:501 : cannot create file '/var/lib/libvirt/qemu/snapshot/test//tmp/test.sn.xml.new': No such file or directory
2013-01-17 08:09:26.925+0000: 24012: warning : qemuDomainSnapshotCreateXML:11790 : unable to save metadata for snapshot /tmp/test.sn
Version-Release number of selected component (if applicable):
How reproducible:
Steps to Reproduce:
1. Create an internal snapshot for a domain
# virsh snapshot-create-as test /tmp/test.sn
Domain snapshot /tmp/test.sn created
# virsh snapshot-list test
Name Creation Time State
/tmp/test.sn 2013-01-17 16:00:57 +0800 shutoff
# ls /var/lib/libvirt/qemu/snapshot/test//tmp/test.sn
ls: cannot access /var/lib/libvirt/qemu/snapshot/test//tmp/test.sn: No such file or directory
2. Delete the new created snapshot
# virsh snapshot-delete test /tmp/test.sn
error: Failed to delete snapshot /tmp/test.sn
error: End of file while reading data: Input/output error
error: Failed to reconnect to the hypervisor
3. Restart libvirtd and check the snapshot
# virsh snapshot-list test
Name Creation Time State
# qemu-img info /tmp/as2
image: /tmp/as2
file format: qcow2
virtual size: 1.0G (1073741824 bytes)
disk size: 160K
cluster_size: 65536
backing file: /tmp/asd
Snapshot list:
3 /tmp/test.sn 0 2013-01-17 16:00:57 00:00:00.000
Actual results:
libvirtd crash
Expected results:
libvirtd still running.
Or, when create snapshot, libvirt can refuse the snapshot name which contain '/'.
Additional info:
BTW, on libvirt-0.9.10-21.el6_3.8.x86_64, libvirtd will not crash. So this should be a regression bug.
Patches for the issue posted upstream:
Fixed upstream:
commit 790f912b468657859466215312dbfb0b1a9a1f69
Author: Peter Krempa <firstname.lastname@example.com>
Date: Thu Jan 17 14:07:10 2013 +0100
qemu: Reject attempts to create snapshots with names containig '/'
The snapshot name is used to create path to the definition save file.
When the name contains slashes the creation of the file fails. Reject
such names.
commit 27054e1217e2787b1806f55c5f6eb8908612d690
Author: Peter Krempa <firstname.lastname@example.com>
Date: Thu Jan 17 14:04:01 2013 +0100
qemu: Don't return success if creation of snapshot save file fails
When the snapshot definition can't be saved, the
qemuDomainSnapshotCreate function succeeded without filling some of the
fields in the internal definition.
This patch removes the snapshot and returns failure if the XML file
cannot be written.
Test with libvirt-0.10.2-17.el6.x86_64
# virsh snapshot-create-as test /tmp/test.sn
error: invalid snapshot name '/tmp/test.sn': name can't contain '/'
So, move but to VERIFIED.
Since the problem described in this bug report should be
resolved in a recent advisory, it has been closed with a
resolution of ERRATA.
For information on the advisory, and where to find the updated
files, follow the link below.
If the solution does not work for you, open a new bug report.


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equal in value, amount, meaning, importance, etc. 250 grams or an equivalent amount in ounces the price we would pay elsewhere for a broadly equivalent house equivalent to something Eight kilometres is roughly equivalent to five miles. The new regulation was seen as equivalent to censorship. Word Origin late Middle English (describing persons who were equal in power or rank): via Old French from late Latin aequivalent-
adjectivejump to other results
BrE BrE//ɪˈkwɪvələnt//; NAmE NAmE//ɪˈkwɪvələnt//
Check pronunciation: equivalent


text:
If teams could "re-do" the 2009 NFL Draft, how different would it look?
That's a question that NFL.com analyst Elliot Harrison attempts to answer in an extensive piece. Harrison notes that the '09 draft was mostly forgettable, and Patriots followers know first-hand all about that.
Of the Patriots' 12 picks that year, only two are currently on the roster -- offensive lineman Sebastian Vollmer and defensive lineman Myron Pryor. A third, receiver Julian Edelman, could still return. Also, the Patriots had rookie free agent Brian Hoyer as the No. 2 quarterback for three seasons (he's now with Arizona).
In Harrison's 2009 re-draft, he slots Vollmer as the eighth overall pick. In the actual draft, Vollmer was a late second-round selection (58th overall), and at the time of the pick, the Patriots were being questioned for selecting a relative unknown who had a back ailment as part of his history.
Meanwhile, Harrison doesn't make it all the way to the 34th overall pick in his re-draft, as that was where the Patriots made their first selection that year (they traded out of the first round twice).
So we'll add two more picks to the 2009 re-do, and give the Patriots center/guard Eric Wood (Louisville). In the actual draft, Wood went to the Bills at No. 28 and has been a solid player for them. He would have likely followed the path of Logan Mankins in the sense that he would have been a plug-and-play pick at that point in the draft. Tight end Brandon Pettigrew would have been another consideration in the re-draft, because we know how much Bill Belichick covets talent at the position.
To check out Harrison's re-draft, CLICK HERE.


text:
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text:
"Good point," he said. His sliver of a body shook with laughter. The sense of humour is the last thing to go.
At first, I didn't notice any change. I still dropped by for a pre-dinner scotch every other Thursday. I still fetched him Saturday mornings to do his "banking" (he refused to use an ATM, preferring the "care," as he put it, of a teller) and his shopping (a bottle of single malt).
This we followed with lunch at a restaurant. He liked going out, seeing the world, being seen. The sheer fact that he was in the game at 98 gave him pleasure. He always ordered eggs.
They didn't do them to his liking (gently poached) in the dining room at the Amica at the Balmoral Club, the retirement residence 10 minutes from my house where he had been living in a pleasant one-bedroom apartment since the death of my mother two years earlier.
That was our routine. After lunch, we headed to my house, where I helped him to the garden to read the papers (he loved a good newspaper) or upstairs to the same chair he sat in when I was a boy (it had once belonged to William Shatner, when he was a young actor in Montreal) to watch "the golf." He felt for Tiger Woods, but couldn't find it in himself to cheer for Phil Mickelson. Ernie Els, the South African, was his favourite. He often stayed for dinner too.
Sometimes we repeated the routine on Sunday, though not often. He didn't want to be a burden, and I didn't want him to be. He was a burden, of course, an obligation. Until he was no longer there to be a chore.
As deaths went, his looked like it might be a good one. But after the diagnosis, he faded in phases, and the phases began to blur together. In December, he was so short of breath the Balmoral sent him to the hospital, and he didn't leave for a week. He hated every moment. He wanted to die in his own bedroom. He arrived back home on an oxygen tank, and never came off of it. I should have known that was a sign to stick around.
From a distance, the raddled rocks of the Andes, under the cardon and pinon trees, resemble slabs of grilled top sirloin just this side of medium rare. Of course, it doesn't help to rhapsodize about these details on a motorcycle. On the bike, you can't let your mind wander, can't care about anything beyond your own progress – a gorgeous selfishness. You concentrate so hard that you earn your destinations.
I loved the first terror-filled 20 minutes of every day's ride, adored the inevitable gust of confidence that followed – edging faster and faster until I realized with a shock how fast I was going, how close I was to disaster, whereupon I panicked and braked again. I developed a habit of shouting "Baby!" whenever I slipped through these narrow slots of luck or when I had a close call, slithering in the dirt or bouncing off a cliff wall. Baby! Thrilled to be lucky.
But after the text of my father's death, even the speed of my bike couldn't stem my memory of the last time I had seen him. It had been a week earlier, 5 in the afternoon. I found him in bed under the covers, fully clothed, having a nap, or at least surfacing from the daylong nap he tended to take now.
"I don't have to go on this trip," I said.
"Not at all. I'll be fine. See you when you get back." His voice as thin as his hair. The head of care at the Balmoral had insisted we replace the double bed he had shared with my mother for nearly 60 years for one with railings that could be raised and lowered. The hospital bed was safer. He was going to die, but it was still safer.
In the new bed with its shiny rails that evening, he resembled a giant, ancient baby: his shambling thoughts, his insect arms (incessantly bruised by the mere act of living, and veins like cables), his knees and elbows (the widest parts of his limbs), the huge head, the watchful eyes, his implacable mildness. He wanted nothing. He had no complaints. He was waiting to die, impatiently. I can't imagine how lonely he was.Report Typo/Error
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text:
Kim Raver predicts Seattle Grace will bounce back from the season-capping shooting spree on "Grey's Anatomy," but it may not be easy.
The actress has returned to work as Dr. Teddy Altman on the ABC drama series, which launches its seventh year Thursday, Sept. 23. She reports that walking back onto the set after last spring's violent, intense finale — sparked by a vengeful gunman who roamed the hospital's rooms and corridors — prompted mixed feelings, but mainly positive ones.
"It's a great new beginning," Raver tells Zap2it about resuming the "Grey's" saga. "There are a lot of new places for the characters to go. I think everyone is very excited, because where we left off last season is a great place thematically and dramatically."
Raver credits series creator and executive producer Shonda Rhimes and her writing team with creating "this atmosphere where anything can happen, because of what the characters have been through, and that will really inject a whole new energy into a series that's going into its seventh year. I think that was just a brilliant move."
Before "Grey's" begins anew, Raver stars in the Lifetime movie "Bond of Silence" Monday, Aug. 23. Cast as a woman whose husband was killed while trying to quiet down a teenage New Year's Eve party, Raver says she enjoys having a project rest largely on her shoulders.
She surely is well-versed in ensemble work, having been prominent previously on the series "Third Watch," "24," "Lipstick Jungle" and "The Nine."
"I definitely feel very fortunate," Raver reflects, "also in the sense that I've been able to play such different people. For an actress, that's the dream, and I feel very grateful. There have been some long runs and some short runs … and even the shorter ones were fun."
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Photo credit: ABC


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text:
In an action alleging multiple violations of the Endangered Species Act (ESA), the Administrative Procedures Act (APA), and the National Environmental Policy Act (NEPA) pursuant to Defendants' final rule designating the polar bear as threatened and promulgation of a special rule under section 4(d) of the ESA, Defendants Kempthorne and the United States Fish and Wildlife Service brought a motion to transfer the case to the United States District Court for the District of Columbia, Intervenor-Defendant Arctic Slope Regional Corporation brought a separate motion to transfer the case to the District of Alaska, and Intervenor-Defendant Alaska Oil and Gas Association filed a motion with the Judicial Panel on Multidistrict Litigation (MDL Panel) seeking to transfer the case to the D.C. District Court . The United States District Court, N.D. California denied the motion to transfer the case to the District of Alaska, and decided to take the motion to transfer to the District of Columbia into submission and rule on it once the MDL Panel has issued its decision on whether to transfer the case to the District of Columbia.
Cross motions for summary judgment on Plaintiffs' claim against Defendants, the Secretary of the Interior and the U.S. Fish and Wildlife Service, alleging that the Secretary's failure to designate critical habitat and prepare a recovery plan for the jaguar was unlawful under the ESA. The United States District Court, D. Arizona granted Plaintiffs' motion in part and denied Plaintiffs' motion in part, finding that Defendants' determination that designation of a critical habitat would not be prudent must be set aside because it did not appear to be based on the best scientific evidence available as required by the ESA, and that Defendants' determination not to prepare a recovery plan must also be set aside and remanded for further consideration because the determination was inconsistent with Defendants' own policy guidance and long-standing practice concerning the distinction between foreign and domestic species.
This case questions whether the federal government's policy for listing killer whales under the Endangered Species Act is invalid. The Fish and Wildlife Service initially issued a proposed ruling that listing the Southern Resident was "not warranted" because the Southern Resident was not "significant" to its taxon. The district court set aside the Service's "not warranted" finding, and ordered the Service to reexamine whether the Southern Resident should be listed as an endangered species and to issue a new finding within twelve months. After again being challenged by plaintiff, the Service issued a final rule listing the Southern Resident as an endangered (as opposed to threatened) species. The Service contends that this case is now moot because it has, since the district court's decision, issued a proposed rule that recommended listing the Southern Resident as a threatened species and ultimately has issued a final rule listing the Southern Resident as an endangered species. This court agreed, and thus vacated the district court's order and remanded the case with instructions to dismiss the case as moot.
In this case, the court is asked to decide whether the federal government's policy for listing killer whales under the Endangered Species Act is invalid. The Center for Biological Diversity, along with eleven co-petitioners not parties to this appeal, petitioned the National Marine Fisheries Service to list the Southern Resident killer whale as an endangered species under the ESA. Initially, the Service issued a proposed ruling based on its DPS policy that concluded listing the Southern Resident was "not warranted" because the Southern Resident was not "significant" to its taxon. After the Center challenged this action, the district court set aside the Service's "not warranted" finding because it failed to utilize the best available scientific data when determining whether the Southern Resident was "significant" under that policy. Pursuant to the district court's order, the Service reexamined the listing petition and issued a proposed rule that recommended listing the Southern Resident as a threatened species. The Center appealed, and the Service issued a final rule listing the Southern Resident as endangered (as opposed to threatened). The Service contends that this case is now moot because it has ultimately issued a final rule listing the Southern Resident as an endangered species. This court agreed, finding that declaring the DPS Policy unlawful would serve no purpose in this case because the Service has listed the Southern Resident as an endangered species, the Center's ultimate objective.
In this civil action for declaratory and injunctive relief, the court found that Defendants did not violate the Endangered Species Act ("ESA") in failing to list the ribbon seal as threatened or endangered due to shrinking sea ice habitat essential to the species' survival. Defendants did not act arbitrarily and capriciously in concluding that the impact of Russia's commercial harvest on the ribbon seal was low, that 2050 was the "foreseeable future" due to uncertainty about global warming and ocean acidification farther into the future, or its choice of scientific and commercial data to use. The Court denied Plaintiffs' Motion for Summary Judgment and granted Defendants' Cross-Motion for Summary Judgment.
The United States Fish and Wildlife Service completed a review of an environmental group petition that requested the Yellowstone cutthroat trout be listed as an endangered species. The United States Fish and Wildlife Service refused to list the fish as an endangered species and the environmental group brought an action to set aside the agency's findings. The District Court held in favor of the environmental group reasoning the agency's rejection of the petition was arbitrary and capricious and the review of the petition was not conducted properly.
This lawsuit arises out of the Fish and Wildlife Service's ("FWS") designation of approximately 30% of the critical habitat originally proposed for the Mexican spotted owl (Strix occidentalis lucida ) under the Endangered Species Act ("ESA"). In analyzing the FWS's decision under both the standard of review for the APA and the deference afforded by the Chevron standard, the court found that the FWS's interpretation of "critical habitat" was "nonsensical." It is not determinative whether the habitat requires special management, but, pursuant to the ESA, it is whether the habitat is "essential to the conservation of the species" and special management of that habitat is possibly necessary. Thus, defendant's interpretation of the ESA received no deference by the court and the court found defendant's application of the ESA unlawful, as Defendant and FWS have been repeatedly told by federal courts that the existence of other habitat protections does not relieve Defendant from designating critical habitat. The court found that the FWS's Final Rule violated both the ESA and the APA in implementing its regulations.
Plaintiffs filed action against Interior and FWS to set aside FWS's finding that the desert bald eagle does not qualify as a distinct population segment ("DPS") entitled to protection under the Endangered Species Act ("ESA"). Plaintiff's motions for summary judgment was granted. The Court found that FWS' 12–month finding was based on the 2007 delisting rule, which failed to comport with the notice, comment, and consultation requirements of the ESA. The Court set aside the 12–month finding as an abuse of discretion.
Plaintiffs Center for Biological Diversity, Sierra Nevada Forest Protection Campaign, Sierra Club, John Muir Project, Natural Resources Defense Council and Defenders of Wildlife move for an award of attorney fees and costs pursuant to § 11(g)(4) of the Endangered Species Act (ESA), 16 USC § 1540(g)(4), in connection with their efforts to have the California spotted owl listed as endangered. The Court denied the Center's motion
for attorney fees because they failed to realize the goals of their lawsuit.
The issue in this case is whether the Endangered Species Act requires the United States Fish and Wildlife Service to complete formal designation of critical habitat for an endangered fish species , the threespine stickleback ("stickleback"), a small, scaleless freshwater fish, as an endangered species in 1970 under the Endangered Species Act ("ESA"), listed over thirty-five years ago. In 1990, the Bureau of Land Management ("BLM") awarded CEMEX, Inc., a contract to mine fifty-six million tons of sand and gravel from a location in Los Angeles County's Soledad Canyon. Although the mining would not take place within the stickleback's habitat, the project involves pumping water from the Santa Clara River and could cause portions of the river to run dry periodically. Parts of the Santa Clara River commonly dry out during the summer season, trapping stickleback in isolated pools. The Center for Biological Diversity ("CBD") filed suit in 2002, claiming that the Service violated the ESA by failing to complete the designation of critical habitat for the stickleback. In affirming the lower court's decision, the Ninth Circuit, held that it was not arbitrary and capricious for the Service to decide not to designate critical habitat for the stickleback. The Service was not required to ensure compliance with federal and state laws before issuing an ITS (incidental take statement) to CEMEX, and the district court did not abuse its discretion in striking extra-record exhibits offered to establish a new rationale for attacking the Service's decision.
Plaintiffs brought an action against the Defendants, challenging the U.S. Fish and Wildlife Service ("FWS")'s November 28, 2012 Final Rule designating 30,010 acres in Idaho and Washington as critical habitat for the southern Selkirk Mountains population of woodland caribou under the Endangered Species Act ("ESA"). Specifically, plaintiffs alleged (1) that the Final Rule's critical habitat designation was arbitrary and capricious because the Defendants failed to explain how the limited amount of critical habitat designated was sufficient to recover this population of caribou and (2) that Defendants failed to provide public notice and comment on the substantially revised critical habitat designation before issuing the Final Rule. Defendants and Intervenors argued that the Final Rule satisfied the requirements of the ESA and the Administrative Procedures Act ("APA").While the district court stated that the Final Rule's analysis seemed reasonably based on the best available science, it refused to make a conclusive determination on the arbitrary and capricious issue because procedural requirements necessitated a further public review and comment period. The court therefore found the error in this case was a procedural one resulting from the FWS failing to provide a period of public review and comment on the Final Rule's critical change in reasoning. The Court therefore remanded this matter to the FWS to cure the procedural error by affording the necessary public comment period and to consider anew the critical habitat designation in light of those comments.
Plaintiff, a community of whales, dolphins, and porpoises, sued Defendants, the President of the United States and the United States Secretary of Defense, alleging violations of the (NEPA), the (APA), the (ESA), and the (MMPA). The Plaintffs were concerned with the United States Navy's development and use of a low frequency active sonar (LFAS) system. The community alleged a failure to comply with statutory requirements with respect to LFAS use during threat and warfare conditions.
In this case, the court was asked to decide whether the world's cetaceans have standing to bring suit in their own name under the Endangered Species Act, the Marine Mammal Protection Act, the National Environmental Protection Act, and the Administrative Procedure Act. The Cetaceans challenge the United States Navy's use of Surveillance Towed Array Sensor System Low Frequency Active Sonar ("SURTASS LFAS") during wartime or heightened threat conditions. In finding that the Cetaceans lacked standing, the court here agreed with the district court in Citizens to End Animal Suffering & Exploitation, Inc., that "[i]f Congress and the President intended to take the extraordinary step of authorizing animals as well as people and legal entities to sue, they could, and should, have said so plainly." 836 F.Supp. at 49. In the absence of any such statement in the ESA, the MMPA, or NEPA, or the APA, the court concluded that the Cetaceans do not have statutory standing to sue.
The issue in this case was whether the United States may be sued under the Federal Tort Claims Act (FTCA) for the actions of the National Park Service (NPS) relating to a mountain goat that attacked and killed a Park visitor. Wife of the visitor, on her own behalf and as representative of his estate, sued the NPS, claiming officials breached their duty of reasonable care by failing to destroy the goat in the years leading up to her husband's death. The District Court dismissed the case due to lack of subject matter jurisdiction. On appeal, the court sought to determine whether an exception to the FTCA's waiver of sovereign immunity applied. The court found the NPS's management policies manual did not direct or mandate the NPS to take action to kill the mountain goat, and thus the NPS's management of the goat fell within the discretionary function exception. Further, the NPS's decision to use non-lethal methods to manage a mountain was susceptible to policy analysis, which fell within the discretionary exception as well. The lower court's decision was therefore affirmed. Senior Circuit Judge Kleinfield filed a dissenting opinion.
Defendant was an exporter of pet birds. He kept birds at a premises in the course of his business. Usually the birds remained on the premises for less than 48 hours before continuing their journey to their purchasers but on occasion birds had remained on the premises for up to 12 days. A magistrates' court acquitted him of keeping a pet shop without a licence (contrary to Pet Animals Act 1951, s.1). Prosecutor appealed. Result: appeal allowed. Held: even though the premises was being used as no more than a holding center, the defendant was carrying on from that premises a business of selling pets and the premises therefore required a pet shop license.
In this Texas case, a justice court divested an animal owner of over 100 animals and ordered that the animals be given to a nonprofit organization. The owner sought review of the forfeiture in district court. The district court subsequently dismissed appellant's suit for lack of jurisdiction. Under the Texas Code, an owner may only appeal if the justice court orders the animal to be sold at a public auction. Thus, the Court of Appeals held that the statute limiting right of appeal in animal forfeiture cases precluded animal owner from appealing the justice court order.
In this Maine case, the defendant was found liable for trespass after he killed the plaintiff's dog. Defendant asserted that the dog was trespassing on his premises, and was "then, or had been immediately before the shooting, engaged, with two other dogs, in chasing and worrying his domesticated animals, to wit, tame rabbits." As a result, he claimed that the killing was justified. This court first disagreed with defendant's claim that an unlicensed dog is not property because it constitutes a nuisance. This court found that, by the common law, a dog is property, for an injury to which an action will lie. Moreover, the statute to which defendant claims authority to kill an unlicensed dog only allows a constable to do so after a proscribed lapse.
Appellant and his wife were walking their two dogs when two neighbor dogs attacked the group. After the attack, appellant slashed the attacking dog's throat with a knife, which resulted in the dog's death. Appellant was then charged with and convicted of cruelty to non-livestock animals under Texas law. The appellant appealed to the Texas Court of Appeals and the case was reversed and remanded. The State filed a petition for discretionary review with the Court of Criminal Appeals. The issue before that court was whether § 822.013(a) of the Texas Health and Safety Code, a non-penal code, provided a defense to criminal prosecution. The court held that § 822.013(a)—which allows an attacked animal's owner or a person witnessing an attack to kill a dog that is attacking, is about to attack, or has recently attacked a domestic animal—is a defense against cruelty to non-livestock animals. The judgment of the Court of Appeals was therefore affirmed. The dissenting opinion disagreed. The dissent argued the goal of this statute was to protect farmers and ranchers against the loss of their livelihood by allowing them to protect their livestock from attacking dogs without fear of liability to the dog's owner, not to allow individuals in residential neighborhoods to kill a neighbor's dog after an attack with criminal impunity.
Plaintiffs sought damages stemming from Defendants' refusal to accommodate Plaintiffs' minor son's mental health disabilities by allowing Plaintiffs to keep a mixed-breed pit bull as an emotional support animal in their rented duplex. Plaintiffs asserted (1) housing discrimination under the Federal Housing Act ("FHA"), (2) unlawful retaliation under the FHA, (3) discrimination under the Texas Fair Housing Act ("TFHA"), and (4) unlawful retaliation under § 92.331 of the Texas Property Code. Defendants filed the Motion, seeking dismissal of the Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The court found Plaintiffs had adequately pleaded all claims and denied the Defendant's motion to dismiss.
Plaintiff, Lila Chee, a resident and owner of a condominium unit, appealed from a judgment entered in favor of all defendants on her complaint seeking damages for personal injuries she suffered when a dog belonging to Olga Kiymaz, a tenant of another unit in the same complex, jumped on Chee. In affirming the lower court's award of summary judgment, this court held that the landlord had no duty in absence of landlord's actual knowledge of dog's dangerous propensities. Further, the landlord was not liable to owner for nuisance. Finally, the condominium covenants, conditions, and restrictions (CC&R's) did not impose vicarious liability on landlord.
In this New York case, the parent of child injured by a dog brought an action seeking to have the dog declared a "dangerous dog" under the relevant law. The Court conducted a trial of the "dangerous dog" petition filed and rendered an oral decision that declared the respondents' Chesapeake Bay Retriever "Nellie" to be a dangerous dog under New York Agricultural and Markets Law § 121. The parties contested the appropriateness of a finding of "negligence" and "strict liability" and the entry of judgment. The District Court held that the court would not resolve issue of negligence because the issue was not properly joined for disposition; however, the owners were strictly liable for child's unreimbursed medical expenses.
This New York case consists of an action to recover damages for personal injuries. The plaintiffs appeal the granting of the motion of the defendant for summary judgment dismissing the complaint insofar as asserted against him and the cross motion of the defendants Petco. The infant plaintiff allegedly sustained personal injuries when she was bitten by a dog owned by the defendant Kenneth Coughlin at a Petco store. The court held that the evidence submitted established that the defendants were not aware that this dog had ever bitten anyone or exhibited any aggressive behavior.
Local ordinance prohibiting animal sacrifices under the guise of an anti-cruelty concern was an unconstitutional infringement on church's First Amendment rights because (1) ordinances were not neutral; (2) ordinances were not of general applicability; and (3) governmental interest assertedly advanced by the ordinances did not justify the targeting of religious activity.
Citizens wanted access to University records dealing with biomedical research using cats and dogs. These records were created, as required by federal Law, but access to the records was requested under state law. According to the New York Freedom of Information Act (FOIL), documents held by an "agency" should be disclosed. The lower Appellate Division held that s ince the University did not fall under the definition of "agency" under New York Public Officers Law, it was not required to turn over such documents. The New York Court of Appeals, however, found that the Appellate Division's rationale for denying FOIL disclosure was inconsistent with precedent, and that the legislative goal behind FOIL of was liberal disclosure, limited only by narrowly circumscribed specific statutory exemptions. Thus, in reversing the Appellate Division's decision, the Court of Appeals held that the records were subject to disclosure.
Upon the Montana Department of Fish, Wildlife, and Parks's decision to relocate a brucellosis-free herd of bison out of Yellowstone National Park and into tribal lands, plaintiffs sought an injunction to halt this movement until the department complied with MCA § 87-1-216. The District Court granted the plaintiffs a preliminary injunction. Upon appeal by defendants and defendant intervenors, however, the Supreme Court of Montana held that MCA § 87-1-216 did not apply and that the District Court relied on erroneous grounds for issuing a preliminary injunction under MCA § 27-19-201(2). The case was therefore reversed, the preliminary injunction vacated and the case was remanded back to the District Court.
Plaintiffs Citizens for Better Forestry brought an action against Defendant U.S. Department of Agriculture alleging failure to adhere to certain procedures required by NEPA and the ESA after Defendant promulgated regulations governing the development of management plans for forests within the National Forest System upon preparation of an allegedly insufficient Environmental Impact Statement and without preparation of a Biological Assessment or consultation with the Fisheries and Wildlife Service or the National Marine Fisheries Service. On parties' cross motions, the United States District Court granted Plaintiffs' motion for summary judgment and denied Defendant's motion for summary judgment, finding that Plaintiffs had standing, that Defendant did not comply with its requirements under the NEPA because the Environmental Impact Statement prepared by Defendant did not adequately evaluate the environmental impacts of the proposed regulations, and that Defendant did not comply with its requirements under the ESA because Defendant did not prepare an adequate Biological Assessment.
A citizen groups filed a declaratory judgment action against the State of Washington seeking a determination that the 2000 initiative 713 barring use of body-gripping traps, sodium fluoroacetate, or sodium cyanide to trap or kill mammals was unconstitutional. The Supreme Court found that appellants did not show beyond a reasonable doubt that Initiative 713 violated the constitution, and thus affirmed the superior court's denial of the summary judgment motion. The court also held that the initiative was exempt from the constitutional provision prohibiting legislation that revises or amends other acts without setting them forth at full length.
The primary issue addressed by the court was whether a dolphin, named Kama, had standing under the MMPA. The court found the MMPA does not authorize suits brought by animals; it only authorizes suits brought by persons. The court would not impute to Congress or the President the intention to provide standing to a marine mammal without a clear statement in the statute.
In 1898, this court affirmed a verdict for $200 after defendant train killed plaintiff's dog. The Court reasoned that, "Large amounts of money are now invested in dogs, and they are extensively the subjects of trade and traffic. They are the negro's associates, and often his only property, the poor man's friend, and the rich man's companion, and the protection of women and children, hearthstones and hen roosts. In the earlier law books it was said that "dog law" was as hard to define as was "dog Latin." But that day has passed, and dogs have now a distinct and well established status in the eyes of the law."
This is an action for negligently injuring and killing a dog by the driver of a streetcar. The Supreme Court of Tennessee affirmed a verdict for $200 after defendant train killed plaintiff's dog. The Court reasoned that since large amounts of money are now invested in dogs, and since they are regarded as companions to many in society, they now have "a distinct and well established status in the eyes of the law." Thus, the owner of a dog has property rights in that dog to maintain an action at law. The Supreme Court of Tennessee found that the defendant company was guilty of negligence in the killing of Dew's dog, that his death could have been prevented by the exercise of proper care and diligence.
The respondent, an owner of a brindle boxer dog, was charged with the dog attacking a person and for having the dog in a public place without a leash. The dog had escaped from the respondent's house and allegedly ran to and lunged at a lady delivering pamphlets. On appeal, the question of whether the dog's behaviour constituted an 'attack' for the purposes of the Dog Act 1976 (WA) s 33D(1) was a question of fact to be determined by the trial judge and, accordingly, the appeal was dismissed.
This very short case concerns the disposition of defendant Heidi Erickson's six animals (four living and two dead) that were seized in connection with an animal cruelty case against her. After Erickson was convicted, the city withdrew its challenge to the return of the living animals and proceeded only as to the deceased ones. A single justice denied the city's petition for relief, on the condition that Erickson demonstrate "that she has made arrangements for [t]he prompt and proper disposal [of the deceased animals], which disposal also is in compliance with health codes." Erickson challenged this order, arguing that it interfered with her property rights by requiring her to discard or destroy the deceased animals. However, this court found no abuse of discretion, where it interpreted the justice's order to mean that she must comply with all applicable health codes rather than forfeit her deceased animals.
Detainee brought civil rights action against city, alleging violation of her right to receive necessary medical attention while in police custody. The Supreme Court held that inadequacy of police training may serve as basis for § 1983 municipal liability only where failure to train amounts to deliberate indifference to rights of persons with whom police come into contact.
Defendant plead no contest to failure to confine and insure her dog after her pit bull attacked a mail carrier. The trial court's decision to have the dog turned over to the city and destroyed was reversed. The Court of Appeals found Defendant's no contest plea was not entered knowingly, intelligently or voluntarily.
In this Florida case, the city of Delray Beach appealed from a judgment for damages in favor of appellee plaintiff, who was injured by two loose dogs. The theory of liability was based on the city's knowledge, from prior complaints, that these dogs were loose from time to time and dangerous. The plaintiff suggested that the city's failure to impound the dogs after prior numerous complaints contributed to the attack. The court concluded that decisions made by the city's animal control officer and police to not impound the dogs were discretionary decisions, and therefore the city was immune.
In this Florida case, the city of Delray Beach appeals a judgment for damages in favor of plaintiff, who was injured by two loose dogs. Plaintiff was attacked and severely injured by two large dogs owned by a resident of Delray Beach, when the dogs escaped from the resident's fenced yard. The theory of liability was based on the city's knowledge, from prior complaints and an actual visit by an animal control officer, that these dogs were loose from time to time and dangerous. This court agreed with the city, finding that the decision of an animal control officer was discretionary and therefore immune from liability under these circumstances.
Police officers were trespassers and could be held civilly liable for damages when they entered a dog owner's property with the intent to unlawfully kill the dog. Reports had been made that the dog was attacking other animals but because the attacks were not imminent, in progress, or recent, the killing of the dog was not lawful.
A city veterinarian who worked for the Bureau of Animal Regulation and Care (BARC) brought an action against the city, arguing that he was wrongfully terminated under the Whistleblower's Act. The vet contended that he reported several instances of abuses by BARC employees to the division manager. In upholding the trial court's decision to award Levingston over $600,000 in damages, the appellate court ruled the evidence was sufficient to support a finding that the veterinarian was terminated due to his report . Contrary to the city's assertion, the court held that BARC was an appropriate law enforcement authority under the Act to report violations of section 42.09 of the Texas Penal Code committed by BARC employees. Opinion Withdrawn and Superseded on Rehearing by City of Houston v. Levingston , 221 S.W.3d 204 (Tex. App., 2006).
This opinion substitutes City of Houston v. Levingston, 2006 WL 241127 (Tex.App.-Hous. (1 Dist.)), which is withdrawn.
A city's ordinance did not allow a kennel, defined as a place containing more than four dogs and cats, to be operated within 100 feet of a residence, school, or church. A woman kept as many as 100 cats at a time in a shelter within 100 feet of three homes, and she was criminally charged under the ordinance. The court found that the ordinance did not violate the plaintiff's constitutional rights because there was no right to use her property in any manner that she chose.
To keep excessive numbers of large dogs from becoming a public nuisance, the City of Marion, South Dakota passed an ordinance that, among other things, limited households to four dogs, only two of which could weigh over 25 pounds. Schoenwald owned three dogs: one shepherd-collie mix weighing 75 pounds and two golden retrievers, weighing 30 pounds and 20 pounds. She was then notified that by housing three dogs weighing over 25 pounds she was in violation of the ordinance. She failed to comply with the City's order to remove one dog and was issued a citation. The Supreme Court reversed the lower court's ruling in Schoenwald's favor and found that South Dakota law permits municipalities broad power to regulate the keeping of dogs; thus the weight limitation included in the City's comprehensive pet ordinance was within its authority.
In this South Dakota case, the owner of a dog declared by an animal control officer to be "dangerous" pursuant to Pierre City Ordinance § 10-3-111 challenged the conviction on the basis that the ordinances themselves were unconstitutional and that his constitutional right to procedural due process has been violated. The court held that the ordinances themselves were constitutional, noting the broad authority municipalities have to regulate pet ownership as a legitimate exercise of police power. The court reversed and remanded for determination on the factual issue of the dog's dangerousness. Specifically, if the City opts for a civil hearing, absent exigent circumstances, the owner of a dog is entitled to a due process hearing on the issue of dangerousness.
City's animal control ordinance banning the keeping of pit bulls was not preempted by state Penal Code provisions governing the keeping of vicious dogs.
In this Illinois case, the Plaintiff, City of Rolling Meadows, brought an action against defendant for keeping an undomesticated animal, a monkey, in her home in violation of a city ordinance. The lower court entered judgment in favor of plaintiff. At issue on appeal is the construction and application to be given the phrase "other than domesticated house pets" as set forth in the ordinance in question. The court was required to adopt the common and approved usage of the term 'domesticated.' The court concluded that the evidence presented established as a matter of law that Yondi is a domesticated animal. Thus, the trial court erred in finding defendant in violation of ordinance 4-28 because the monkey was a domesticated house pet.
In considering standing under the MMPA, the court found that the plaintiff city had only pure economic injury and had not shown that any harm would result to marine mammals protected under the MMPA.
A City sought to prevent the National Park Service from implementing a development plan in a nearby recreational area claiming the Park service had violated various environmental statutes. The trial court held the City did not have standing to assert most of its claims and lost on the merits of the remaining claims. The Court of Appeals held the City did have standing to assert all of its claims, but lost on the merits of all its claims except those under the Coastal Zone Management Act and the Marine Mammal Protection Act.
Appellants filed b ill of complaint seeking to enjoin enforcement of city's dog leash ordinance. The court summarily held that Mississippi Code Annotated s 21-19-9 (1972) authorizes municipalities to regulate the running at large of animals of all kinds. The ordinance here was enacted pursuant to that authority, it meets the constitutional requirements, and the demurrer should have been sustained on that question.
Defendant was charged with violation of two ordinances of the City of Whitehall, one charge being of keeping or harboring noisy dogs, and the other being a charge of keeping or harboring more than three dogs. After a jury trial, defendant was found not guilty of keeping or harboring noisy dogs but guilty of keeping or harboring more than three dogs. Of the ten points raised on appeal, defendant raised a constitutional challenge to the zoning ordinance, claiming that the trial court erred by not holding Whitehall Municipal Ordinance 505.13 (possessing more than three dogs) was unconstitutional. In denying her claim, the court fist noted that this type of ordinance passes facial constitutionality based on previous caselaw. Further, there was no evidence that this ordinance was enacted or enforced with a discriminatory intent.
A Parish Sheriff informed game clubs the parish ordinance against cockfighting would be enforced, despite the fact that cockfighting tournaments had been held at the game clubs since 1991. The game clubs filed for and received a preliminary injunction against enforcement of the parish ordinance. The Court of Appeals affirmed the trial court decision. Reversed by Savage v. Prator , 921 So.2d 51 (La., 2006).
In this Ohio case, the defendant was convicted in the Cleveland Heights Municipal Court of keeping more than two dogs at his single-family residence contrary to an ordinance that limited the keeping of more than two dogs at a single-family residence (defendant was found to have three dogs, one of whom he said was "visiting" his daughter). In affirming defendant's conviction, the court found no merit to defendant's challenge that the term "kept" was ambiguous. Further, the evidence adduced at trial was sufficient to support defendant's conviction where the officer witnessed the dogs at the residence and defendant admitted to having three dogs in his home even without ownership of the third.


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