Red Owl Research Articles

Urban faunal dynamics of Beytepe Campus, Ankara: Three case studies for vertebrate animals

In this study we documented and discussed the effects of human settlement on the terrestrial fauna dynamics of an urbanized area: Hacettepe University, Beytepe Campus. We investigated three case studies by using red fox, long-eared owl and snake-eyed lizard as model organisms to evaluate the effects of urbanization on vertebrate fauna. Depending on human activities in the study area, red foxes narrowed their foraging and reproduction range due to their generalist behavior, long-eared owls left the habitats where they had lived before and snake-eyed lizards have transformed the conditions of rubble deposits into short-term advantages and their numbers, especially in new construction areas were increased. It is very important to monitor areas such as Beytepe Campus, where the temporal development of urbanization and human pressures can be traced, to put forward ecological changes in urbanized areas

Precedent in Contract Cases and the Importance(?) of the Whole Story

I am honored to contribute to this symposium in honor of Bill Whitford. I have been an admirer of Bill's work for the past 39 years, which encompasses my entire teaching career. Bill's scholarship on contracts and consumer law in his law review articles and in his casebook, Contracts: Law in Action, now in its third edition with Macaulay, Braucher, and Kidwell, confirms the importance of examining the non-legal forces at work in exchange transactions, the sometimes tenuous relationship between contract rules and legal decisions, the limitations of legal opinions, and the value of focusing on the relationship of contracting parties. In this essay, I begin with a brief description of Bill and his coauthors' casebook in order to capture the contributions and importance of their perspective on teaching contract law. I then turn to Bill and Stewart Macaulay's recent debate with Bob Scott on the meaning of the record in Hoffman v. Red Owl Stores, a case that figures prominently in Bill and Stewart's and most other casebooks. I use the fascinating back and forth between these three prominent authors as a jumping off point to ponder the appropriate role of telling the whole story in important cases.

WXYZ, and: Incantation on a Frank Big Bear Collage

WXYZ, and: Incantation on a Frank Big Bear Collage Heid E. Erdrich (bio) WXYZ She prints in black crayon—WXYZ—letters for animals this kid has never met:Z is for Zebra, Y is for Yak.A train wreck of little used consonants,a pile up at the dead end of the alphabet—WXYZ.Then Zorro slashes a Zacross the curved glass of her TVand a deep unknown Xsolves with a dark hero who could besome kind of mixed blood, maybe,some answer to all the words with W:Who? What? When? Where?And sometimes Y. [End Page 39] Incantation on a Frank Big Bear Collage Bar the windows, the Red Owl looming into view,cut by bars, stripes from the American flag.Bar the eyes, but not the breasts,cut from marble pale nudes out of Art History books.Bar the luscious behind of Marilyn Monroe.Cut the cut body builder, the honey-baked ham, the recombinant Christ.Bar the windows, the Red Owl looming into view,cut by bars, stripes from the American flag.Bar the warriors on the Wallowing Bull work.Cut the Bog Man so he sits right on Custer’s face.Bar emblems and icons and emblem-ography.Cut the Blue Period into the blues guitar.Bar the windows, the Red Owl looming into view,cut by bars, stripes from the American flag.Bar the door to your studio—photographers still get in.Cut happy Anne Frank into newsreel out of Guernica.Bar the Gertrude Stein and her little dog, too.Cut the death stars from cosmic maps and eclipse them.Bar the windows, the Red Owl looming into view,cut by bars, stripes from the American flag.Bar the Sepia-toned Warrior and the horse he rode in on.Cut the lines, curves, tones that say It’s full of stars.Bar the windows, the Red Owl looming into view,cut by bars, stripes from the American flag.Bar the fringe on the two-hide dress.Cut the sneak-up dancer into action.Bar the wheel spokes and the battle scene.Cut the curve of the rubber glove, the dial-up lovely child.Bar the windows, the Red Owl looming into view,cut by bars, stripes from the American flag.Bar the lines in my poem, the lines of my smile.Cut clean with keen comment, slashed and clashed colors.Bar the windows, the Red Owl looming into view,cut by bars, stripes from the American flag. [End Page 40] Heid E. Erdrich Heid E. Erdrich is author of Cell Traffic: New and Selected Poems, 2012. Her collection National Monuments won a Minnesota Book Award in 2009. Her non-fiction book is Original Local: Indigenous Foods Stories and Recipes from the Upper Midwest, 2013. Heid is Ojibwe enrolled at Turtle Mountain. Copyright © 2014 University of Wisconsin Board of Regents

Hoffman v. Red Owl Stores and the Limits of the Legal Method

According to the overwhelming majority view, promissory estoppel is not an appropriate ground for legally enforcing statements made during preliminary negotiations unless there is a “clear and unambiguous promise” on which the counterparty reasonably and foreseeably relies. Bill Whitford and Stewart Macaulay were among the first scholars to note the apparent absence of such a promise in the case of Hoffman v. Red Owl Stores. Several years ago, after studying the trial record, I concluded that the best explanation for the breakdown in negotiations was the fundamental misunderstanding between the parties as to the amount and nature of Hoffmann’s equity contribution to the franchise. After locating and interviewing Hoffmann, Whitford and Macaulay tell a different story. They view as insignificant the misunderstanding about the nature of Hoffmann’s equity contribution. Rather, they focus attention on additional statements urging Hoffmann to sell his bakery business and store. In these later statements, ignored by the Wisconsin Supreme Court, they find the “missing promise” that they challenged all of us to look for years ago. While I credit their account, I remain as unconvinced by their story as they are of mine. Thus, the important question is how scholars could draw such different inferences from the same basic facts. In this Essay, I speculate that the different stories are a product of our respective methodological commitments: their commitment to a law and society approach to legal issues and mine to law and economics modes of analysis. Those diverse approaches illustrate the tension between “context” and “theory” and the inherent paradox of legal analysis: without context no legal rule can be applied, but with nothing but context no legal rule can be found. For this reason, I conclude, it is important for legal academics of every stripe to appreciate the biases inherent in their methodology of choice and work to correct for them

Hoffman v. Red Owl Stores: The Rest of The Story

Hoffman v. Red Owl Stores is one of the most famous 20th century cases in American contract law, usually credited both with expanding the reach of the promissory estoppel doctrine and with opening up the issue of liability for precontractual reliance. It is a staple in contracts casebooks. By fortunate circumstance we have located the plaintiff, who retains a vivid memory about many of the circumstances in his famous case. We have interviewed him and we have examined the full trial record as well as the briefs on appeal. In this article we tell the story of what we have learned about this famous case, including what happened after the appellate decision. We conclude that a fuller understanding of the facts provides information about a promise that was made, yet was not described in the Court’s opinion. This promise supports the outcome of the litigation. Justice was done! The plaintiff substantially relied to his detriment after receiving specific assurances from an authorized agent of the defendant that he would receive a franchise if he relied by selling his bakery building and business. Reimbursing precontractual reliance in this circumstance can be done without creating a rule that would justify reimbursement of precontractual reliance in all circumstances.

Natural History of the Red Owl (Tyto soumagnei) in Dry Deciduous Tropical Forest in Madagascar

Abstract Recent observations of the Red Owl (Tyto soumagnei) in Madagascar demonstrated that it inhabits dry deciduous forest, and roosts on rock ledges and in cave entrances in the extreme north of the island. We observed a Red Owl at a sinkhole site in the Reserve Speciale d'Ankarana, found evidence of its use of an additional cave, and collected its pellets in three separate dry seasons between 2000 and 2003. Tsingy tufted-tailed rats (Eliurus antsingy) constituted almost 50% of the total prey mass of Red Owls at Ankarana. Their diet at Ankarana differed from that of Red Owls from Masoala in the humid northeast of Madagascar, as the Ankarana pellets contained insects, frogs, and numerous geckos. Red Owls appear to consume more native than introduced rodents and do not appear to prey upon birds or bats like other large owls on the island. Forest degradation could reduce densities of tufted-tailed rats and could be a conservation threat to this owl.

Uncertainty, Reliance, Preliminary Negotiations and the Hold Up Problem

Recently, two scholars, Alan Schwartz and Robert Scott, have cast doubt on the conventional view that courts would find liability and award reliance damages in precontractual cases that resembled the famous Hoffman v. Red Owl case. They have argued that courts deny recovery for reliance in cases involving precontractual preliminary negotiation but regularly grant reliance recovery following a preliminary agreement. They identify a pattern or sequence in which success is likely and then provide an analytical framework to justify liability. When parties reach a preliminary agreement that also includes an agreement that they both invest simultaneously and one party strategically delays investment for personal gain, the law permits the investing party to recover for reliance expenditures when the other party walks away from the deal. Courts find this sequence of events to constitute a breach of the good faith obligation that governs parties' actions in preliminary agreements.Based on an extensive review of the reliance case law, this article suggests that contrary to the Schwartz and Scott thesis, courts do grant recovery for reliance expenditures made in precontractual preliminary negotiations resembling Hoffman even when the parties have not reached an agreement.Their willingness to do so depends on a pattern in which the promisor solicits reliance expenditures to reduce uncertainty or to hedge his bets pending the resolution of uncertainty and the promisee relies, particularly if the reliance investment takes the form of a cooperative investment rather than a selfish investment. The same risk of hold up is present whenever there is sequential investment. Thus, this article suggests that the courts are willing to grant recovery for reliance expenditures in both categories of cases (1) precontractual negotiations with no agreement and (2) reliance that follows a binding preliminary agreement to control a unified threat of opportunistic behavior and to regulate the hold up problem as a way of maximizing welfare.

Funk & Wagnalls

Funk & Wagnalls

Lewis and Clark Territory: Contemporary Artists Revisit Place, Race, and Memory by Rock Hushka, Thomas Red Owl Haukaas

it is today.Any scholar of Lewis and Clark his toryshould recognize thispublication as a great addition to the topic. The story thatPotter tells about Sheheke is also a prime example of the divisions among the various tribal leaders in regard to the in fluences of the newcomers. The story of this Mandan Indian diplomat is also the story of many Tribes, not only during this time period, and of thehard decisions thatall tribal leaders had tomake tohelp protect and preserve their tribal land base, culture, and way of life. When readers complete thisbook, theywill have the opportunity to reflect upon theLewis and Clark era as described by theTribes. The Tribes have survived the centuries with dignity, and now they must look to the twenty-first century and future generations. Lewis and Clark Territory:Contemporary Artists Revisit Place, Race, andMemory By Rock Hushka and Thomas Red Owl Haukaas University ofWashington Press, Seattle, and Tacoma Art Museum, Tacoma, Wash., 2004. Photographs, bibliography, 80 pages. $21.95 paper. Reviewed by Jeffry Uecker Hillsboro, Oregon CONTEMPLATING THE LEGACYof theLewis and Clark Expedition, Thomas Jefferson wrote that the endeavor's purpose was to "delin eate with correctness the great arteries of this great country: those who come after us will... fillup the canvas we begin" (Jeffersonto Law rence Dunbar, May 25,1805). The art metaphor employed byAmerica sEnlightenment president cleverly implies two important components of exploration: learning and imagining. Actually, to record experience and to visualize import are tasks common to both explorers and artists. Rock Hushka, associate curator of the Tacoma Art Museum, phrases itwell when he writes: "artists and explorers share awillingness to be society's avant-garde" (p. 23). Navigating the frontierbetween the Lewis and Clark Expedition's journal accounts and American beliefs about theCorps ofDiscovery, theTacoma ArtMuseum's brilliant exhibitpub licationLewis and Clark Territory: Contemporary ArtistsRevisit Place, Race, andMemory features stimulating discussions and captivating recent works of art that shed lighton contemporary understandings and experiences of the region throughwhich Lewis and Clark traversed two hundred years ago. Effectively describing the museum's 2004 exhibition of the same name, the book focuses on the title themes of place, race, andmemory, exploring "currentconditions that shape our perceptions of the AmericanWest and ourselves as a people" (p. 21). Brief enough to be read in one or two sittings, this handsomely designed book is mainly composed of twomajor essays, fulland detail photographs of artworks featured in the exhibition, and a sizable, well-researched bib liography. Written in thefirstperson, Thomas Haukaas's "We Are All Related" is themore personal of the two essays,making reference to his own creations and those of selected other artists in the show and providing a Native American perspective on the exhibit's three themes. Emphasizing that the ideas of place, race, andmemory are overlapping, interrelated concepts, the artist and psychiatrist outlines changes inhow Americans have looked atNa tive American art over the past two centuries and places Native American art in the context of a largerAmerican arthistory. 530 OHQ vol. 105, no. 3 Punctuated with sidebar quotes from the Lewis and Clark journals, Rock Hushka's essay, "Traces of theLegacy ofLewis and Clark inCon temporaryArt,"more deeply explores the three exhibit themes and alludes that the journals are metaphors for contemporary artists' responses to those themes. Stressing that the exhibit does not specificallydeal with the Lewis and Clark Expedition nor itslegacy, Hushka demonstrates that recent artists' interpretations of place, race, and memory nevertheless fitwithin the same two-hundred-year-old traditionof illuminating the American experience. Hushka's most intriguingdiscussion is that dealingwithmemory, in which he grapples with the relativenature of history and itsreliance on subjective experiences, stating that "the effort to separate fact from fiction, regarding Lewis and Clark... often resembles psychoanalysis at a cultural level" (p. 59).He likens today's artists tophilosophers and historians? he could eas ilyadd psychoanalysts ? in their attempts to explore ideas,providing a freshpoint ofview on the workings of communal memory. Despite its attractive presentation and myriad images, thispublication does notmake fora casually read coffee-tablebook. The diverse media and topics encountered in a quick skim will make ithard to resist furtherexploration of the volume's profound subject matter and provocative ideas. From...

Uncommon legacies: Native American art from the Peabody Essex Museum

Uncommon Legacies celebrates the power, significance, and exceptional artistic quality of one of the most important collections of early Native American Assembled in the course of trade and missionary activities beginning in the late eighteenth century, the spectacular examples illustrated provide a rare opportunity to observe the creativity of Native artists in response to their interactions with non-Natives.Included here are magnificently illustrated chapters on the of the American Southeast, the Northwest Coast, the Northeast Woodlands and Great Lakes, the Plains, and South America. Since the 1860s, the Peabody Essex Museum has displayed its Native American collections at various times as historical, archaeological, ethnological, and, most recently, as objects. Recognition of Native American as art did not occur until the mid-1930s. Prior to that time, it was considered artefact or craft, curiosity or primitive art. There are more than 400 Native American cultures, each with its own distinct artistic tradition yet always open to the adoption of new forms of expression and materials in response to ever-changing conditions.Since is created within the context of a given culture at a given time, a more complete understanding of specific objects requires an understanding of the culture in which they were created. The works presented here are expressive of worldviews, beliefs, and ways of being within each Native American community. While every group has its own approach to the creative process, each generation has to determine what values to express through the arts and how best to express those values. John R. Grimes is curator of Native American and culture at the Peabody Essex Museum, Salem, Massachusetts. Christian F. Feest is professor of anthropology at the University of Frankfurt, Germany. Mary Lou Curran is an associate curator at the Peabody Essex Museum. Other contributors include Thomas Red Owl Haukaas, Richard W. Hill Sr., Doreen Jensen, Duane H. King, Karen Kramer, Gerald McMaster, Peter L. Macnair, Ramiro Matos, and Jay Stewart.

Range extension of the Madagascar Red Owl Tyto soumagnei in Madagascar: the case of a rare, widespread species?

Range extension of the Madagascar Red Owl <i>Tyto soumagnei</i> in Madagascar: the case of a rare, widespread species?

Communication and Courtship: Cheap Talk Economics and the Law of Contract Formation

This paper provides an extended introduction to the game theoretic analysis of cheap talk -- actions which do not have a direct cost, but which affect equilibria only indirectly, via the information about sender type which they convey. After introducing these games, the article takes a functional approach to the law of contract formation as determining when talk is cheap (when an unfulfilled assurance will not trigger liability) versus when it is not (when an unfulfilled assurance that trade will take place triggers liability for the failure to trade). Using the neologism-proof equlibrium refinement due to Farrell, it is shown that when there is no liability, the unique stable equilibrium with pretrade cheap talk may be informative. Parties may communicate information even when talk is cheap because both parties have an interest in terminating costly negotiations if there is too low a probability that a deal will eventually be struck. There also exist situations in which cheap talk will be uninformative or concealing, because one party is able to externalize a large share of the cost of negotiating to the other, and the other will not bear that cost if it knows that the probability of trade is actually quite low. The article discusses the general structural factors -- such as market thickness, bargaining power, and the similarity between sender and receiver types -- which determine whether there is a (stable) informative cheap talk equilibrium. It then points out that legal rules which attempt to fix liability based on a court's ex post perception of whether talk was concealing or informative ex ante are unlikely to improve matters. On this basis, it is argued that the default rule for letters of intent and other preliminary argreements should be that such agreements do not bind either party to trade. The very well developed law of the United States Court of Appeals for the Second Circuit on this topic is then explicated and critiqued. Other issues such as whether a communication is an offer or an offer solicitation and promissory estoppel in the preliminary dealings context are also explored. In particular, the analysis points out that while efficiency of the the classic Hoffman v. Red Owl is much more debatable than previously assumed, as actually applied by courts today, promissory estoppel in this context may be surprisingly efficient.

New record, ranging behaviour, vocalization and food of the Madagascar Red Owl Tyto soumagnei

The rare Madagascar Red Owl Tyto soumagnei was captured, radio tagged and released for study in October 1994. It ranged within an area of 210 ha from October to December 1994, and 50% of the locations were along forest edge and newly created tavies, 36% in rice fields and 14% in cultivated tavies. Nine diurnal roost sites were documented in small ravines among secondary vegetation and bananas (Masu sp.). The owl used dense canopy‐covered roosts that averaged 3.7 m above the ground and were extremely close to tavies, averaging 9.8 m. The 17 regurgitated pellets collected contained 27 individual vertebrates representing native small mammals of the families Tenrecidae and Muridae. The owl's vocalization was similar to that of the Barn Owl Tyto alba. This new record on Masoala Peninsula at sea level substantially extends the species potential range in Madagascar, and our observations of behaviour and habitat use contradict previous descriptions of the species as a primary forest obligate.

The rediscovery of the Madagascar Red Owl Tyto soumagnei (Grandidier 1878) in north-eastern Madagascar

SummaryThe Madagascar Red Owl, known from the eastern rainforest of central Madagascar by a few specimens collected in the nineteenth and early twentieth century and one sight record in 1973, was rediscovered in late July 1993 in north-eastern Madagascar. An adult bird, held in captivity for approximately one year, was located in the town of Andapa. According to the owner, the owl had been obtained south-west of Andapa, near the village of Antanamangotroka, in a forested area connected to the Réserve Spéciale d'Anjanaharibe-Sud, and at about 800 m above sea-level. This record expands the known geographic range of this species and provides the first documentation of its continued existence in over 20 years.La Chouette de Soumagne, connue de la forêt pluviale orientale du Domaine du Centre de Madagascar à travers quelques spécimens collectés au 19ème siècle et début du 20ème siècle et d'aprés une observation en 1973, a été redécouverte à la fin du mois de juillet 1993 au nord-est de Madagascar. Un individu adulte, qui venait de passer plus d'un an en captivité, a été découvert dans la ville d'Andapa. D'après la personne qui détenait l'animal, la chouette avait été capturee au sud-ouest d'Andapa, pres du village d'Antanamangotroka, au sein d'une zone forestière connectée avec la Réserve Spéciale d'Anjanaharibe-Sud, à une altitude d'environ 800 m au-dessus du niveau de la mer. Cette nouvelle donnée constitue une expansion significative de l'aire de distribution de cette espèce et apporte la preuve de la survie de cette espèce endémique qui n'avait pas été observee depuis plus de 20 ans.

Contracts: Expanded Application of Promissory Estoppel in Restatement of Contracts Section 90: Hoffman v. Red Owl Stores, Inc.

Contracts: Expanded Application of Promissory Estoppel in Restatement of Contracts Section 90: Hoffman v. Red Owl Stores, Inc.

Drugs and Pharmacists. Restrictive Sales Privilege. Although Right to Sell Harmless Drugs May Be Limited to Pharmacists, Sale by Supermarkets Will Not Be Enjoined. State v. Red Owl Stores, Inc. (Minn. 1962)

Drugs and Pharmacists. Restrictive Sales Privilege. Although Right to Sell Harmless Drugs May Be Limited to Pharmacists, Sale by Supermarkets Will Not Be Enjoined. State v. Red Owl Stores, Inc. (Minn. 1962)