Esta tese tem por objeto a investigação dos aspectos legais decorrentes do comércio eletrônico, com ênfase na validade e obrigatoriedade dos contratos de adesão eletrônicos e os denominados termos e condições de uso. Estes negócios jurídicos eletrônicos podem ser divididos em três espécies: a) licenças do tipo shrink-wrap, terminologia reservada às compras de software no estabelecimento físico do fornecedor, cujos termos contratuais que vincularão as partes não podem ser visualizados antes da compra do produto, mas tão somente no decorrer da instalação do software, garantindo-se ao adquirente a possibilidade efetiva de devolução do produto se não concordar com os termos da licença; b) contratos do tipo click-wrap, contratos celebrados inteiramente em meio eletrônico, em que o consumidor tem a oportunidade de ler as cláusulas contratuais antes de manifestar, expressamente, sua anuência ou não, clicando em uma caixa de diálogo indicativa de expressões como eu aceito, ou outra semelhante; e, c) os termos e condições de uso, denominados pela doutrina estrangeira como browse-wrap, disponibilizados no canto inferior de uma página da internet em um hiperlink, vinculando toda e qualquer pessoa, que tão-somente acesse o respectivo site, sem ao menos chamar a atenção do usuário para a existência destes termos ou nem exigindo a manifestação da anuência a tais termos. Os tribunais estrangeiros têm enfrentado a problemática em torno da validade e obrigatoriedade destas práticas comerciais, em especial os browse-wrap, cujo formato em que são utilizados descaracteriza-nos com contratos ou condições gerais de contratação, pois o usuário nem ao menos tem consciência da existência de tais termos. Portanto, parte da doutrina e da jurisprudência entende que o browse-wrap não se encaixa na definição de contrato, mas são termos unilateralmente propostos por uma das partes sem que a outra possa ter efetivo conhecimento a respeito. Se, por um lado, há necessidade de reconhecer os efeitos obrigatórios dos contratos de adesão eletrônicos, fortalecendo o comércio eletrônico; por outro lado, a sociedade global exige a efetiva proteção dos consumidores e usuários contra abusos praticados por multinacionais, que operam sem fronteiras geográficas. Assim, juristas e doutrinadores enfrentam um enorme desafio: desenvolver um comércio eletrônico sustentável, equilibrando os interesses comerciais e os direitos dos consumidores. Este trabalho pretende determinar os requisitos jurídicos para a validade dos contratos eletrônicos de maneira científica, analisando o processo de formação contratual em meio eletrônico. Por fim, investiga-se a dúvida acerca da lei aplicável e da jurisdição na era digital, enfatizando a cláusula de eleição de foro, de escolha da lei aplicável e compromissória, bem como seu impacto no acesso à justiça do consumidor. Em suma, esta tese destaca a necessidade de uma legislação uniforme sobre comércio eletrônico e a proteção do consumidor, tendo em vista o alto nível de globalização, para que se possam tutelar os direitos dos consumidores aliados aos interesses econômicos do mercado. / This thesis intends to investigate some of the legal issues raised by e-commerce, specifically the validity and enforceability of the electronic adhesion contracts and the terms and conditions of use. Such electronic juridic acts can be grouped into three subspecies: a) the shrink-wrap licences, reserved for purchase in the store, but yet the consumer can not view the terms and conditions that she or he will be bound by, once the product (often a software) is installed; the consumer is granted with a period of time within she or he can return the product to the store if she or he does not agree with the terms and conditions; b) the click-wrap agreements are contracts presented to the consumer, when dealing on-line, stating the terms and conditions of the purchase, and then, once its read, she or he may point and click in a dialog box indicating her or his consent (such as I agree or some other synonymous expression); and c) the browse-wrap, composed by terms and conditions listed in a hyperlink on the bottom of a web page, which obliges the consumer only because she or he surfs on the Web, nevertheless it is not require that the consumer shows any kind of consent to the terms and conditions. Even though some courts have ruled in favor of the validity and enforceability of browse-wrap, it is very questionable to accept the fact of being bound by something that one never knew that it even existed. Thus, some other courts are of the view that browse-wrap is not technically a contract according to the legal doctrine. Instead it is a sort of private regulation of the disposal of products and services written by the supplier. On one hand, there is a need to enforce electronic commerce in order to stimulate and consolidate it by making electronic contracts binding on consumers. On the other hand, there is a need to protect consumers from the abuse of unequal bargaining power in such contractual relation, which may pit them against a multinational corporation, which operates throughout the world. Thus, jurists and academics must combine efforts to find a sustainable balance between these two sides. Besides there is a need for a uniform and scientific solution, given that a prerequisite to valid contract formation is the unequivocal meeting of the minds which may not happen in this means of contract formation, especially if the supplier does not require any clear and effective sign of assent from the consumer. The touchstone of e-commerce is the law and jurisdiction conflicts since such contracts often include a forum selection clause or a mandatory arbitration clause, which can deprive the consumers of their day in court. In short, it highlights the need for a uniform legislation and a strong consumer protection system to ensure the growth of ecommerce. This would foster a reliable electronic environment meeting the consumers expectations and the market standards.

No description available.

<p>Due to overpopulation and resource-poor habitat structure, deer threaten the<a> future of oak and other browse-sensitive species in hardwood forests. </a>Appropriate tools must be used to ensure desirable, diverse, and ecologically stable regeneration of future forests and the sustainability of native plant communities. We performed two experiments and a review to examine the effectiveness of available methods for managing browse of hardwood seedlings and to discover how these interact with each other and other silvicultural methods. First, we examined how fencing interacts with controlled-release fertilization, seed source (genetically select and non-select), and site type (afforested and reforested sites) to enhance the regeneration of planted northern red oak (<i>Quercus rubra </i>L.), white oak (<i>Quercus alba</i>), black cherry (<i>Prunus serotina</i>), and black walnut (<i>Juglans nigra</i>) at five sites in Indiana. Fencing proved to be the greatest determinant of seedling growth, survival, and quality. Fertilizer enhanced the early growth of white oak and black cherry, though for black cherry this occurred only inside fences. Select seed sources grew better and showed greater quality; however, the survival of select seedlings was limited by deer browse in absence of fences. Trees at afforested sites had lower survival if left non-fenced. Secondly, we also investigated how fencing and invasive shrub removal affected natural regeneration, species richness, and ground-layer plant cover under closed-canopy forests. Honeysuckle (<i>Lonicera maackii</i>) removal had a variable effect depending on species and site. Positive effects were most common for shade-intolerant species, while negative effects occurred for a few shade-tolerant species at some sites. Deer fencing had a positive effect on cherry and hackberry seedling density, and a negative effect on elm seedling density. Honeysuckle and deer fencing interacted antagonistically in some instances. Fencing without honeysuckle removal resulted in lower elm abundance and herbaceous-layer cover. In the densest invasions, leaving honeysuckle intact resulted in a complete lack of recruitment into the sapling layer. Our experiment suggests that invasive shrub removal and fencing be done together. Finally, we synthesized the existing literature on browse management options for hardwood regeneration to evaluate their relative effectiveness. Fences, tree shelters, repellents, facilitation by neighboring plants, deer population control, timber harvest, and slash all had positive effects on height growth of regenerating seedlings under deer browse pressure. Fences were more effective at reducing browse than repellents, while fertilizers increased browse and had no effects on growth. </p>

Human activities are increasing the occurrence of megafires that have the potential to alter the ecology of forest ecosystems. The objective of this study was to understand the impact of a 610 km2 megafire on patterns of forest regeneration and herbivory of three forest types (aspen/fir, oak/maple, and pinyon/juniper) within the burn scar. Sapling density, meristem removal, and height were measured across a transect network spanning the area of the burn scar over three years from 2019-2021. The network consisted of 17 burned/unburned transect pairs in adjacent burned/unburned forest stands (6 aspen/fir, 5 oak/maple, and 6 pinyon/juniper). Species that regenerated through sprouting generally responded positively to fire while regeneration from seed showed very little post-fire response. Browse pressure was concentrated on deciduous tree species and tended to be greater in burned areas but the effect diminished over time. Meristem removal of sprouting species was below the critical threshold resulting in positive vertical growth across years. Our results indicate that forest regeneration within the megafire scar was generally positive and experienced sustainable levels of ungulate browsing that are likely to result in forest recruitment success. Novel fire regimes are becoming increasingly common and megafires have burned across ecotonal boundaries across multiple forest types. Plant community structure and composition may be critically affected by changing fire regimes. Our objective was to investigate how a megafire that burned across multiple forest types impacted understory plant community assembly and biodiversity. Paired vegetation transects were installed in burned and unburned areas across aspen/fir, oak/maple, and pinyon/juniper forests within the 2018 Pole Creek Megafire burn scar. Percent cover of understory plants was measured in the summer of 2022 and plants were identified to the species level. Richness and diversity indices were then calculated and analyzed using mixed effects models. Fire decreased species richness of the aspen/fir forest understory and increased plant cover in pinyon/juniper forests, while not significantly impacting oak/maple understories. The significant effects of fire were largely driven by changes in forb species. Fire decreased the richness of native plants in aspen/fir forests but increased the richness of non-native plants in oak/maple and pinyon/juniper forests. Non-native plant abundance also increased in post-fire pinyon/juniper forests. Our results suggest that forest understory communities show variable responses to megafires that burn across multiple forest types with important implications for post-fire plant community structure, diversity, and invasibility. Large mammal herbivores (ungulates) are increasing in number and spreading into novel habitats throughout the world. Their impact on forest understory plant communities is strong and varies by herbivore, plant growth form, and season. The objective of this study was to determine the individual and collective herbivory impacts of native versus domestic ungulates on the understory plant community composition of post-fire aspen forests. Four-way fencing treatments were installed in 2012 to separate ungulate species, and Daubenmire frames were used to collect percent cover estimates for each understory plant species. Vegetation data were later used to calculate richness and diversity indices. Total understory plant cover, richness, and diversity were not significantly impacted by the herbivory fencing treatment. However, woody plant species' percent cover was 90% greater in full ungulate exclusion plots than in the fenceless controls. Herbivores likely targeted woody plant species due to their high nutrient levels that last longer into the winter than those of forb or graminoid species. Herbivory treatment did not affect non-native species. Our results indicate that herbivore fencing can protect forest understory plant communities, particularly the woody species. Successful regeneration of woody species can benefit the diversity of the entire understory plant community and preserve forest structure.

No description available.

From the Proceedings of the 1977 Meetings of the Arizona Section - American Water Resources Assn. and the Hydrology Section - Arizona Academy of Science - April 15-16, 1977, Las Vegas, Nevada / Increased nutritional and economic demands for agricultural products have dictated the need for greater and more efficient use of western grass forage. Vegetation manipulation is the quickest and most economical means of increasing forage. However , the hydrologic effects must be taken into consideration before embarking on a large scale vegetation manipulated program. This study discusses the hydrologic and erosion changes measured from a 110-acre semiarid watershed which was converted from brush to grass by root plowing and seeding. Significant changes were observed in rainfall-runoff relationships as average summer runoff was considerably in excess of predictions. Sediment yield also varied, and both of these results were tied to the change in vegetative cover and post conversion rainfall conditions.