text:
He has been working as a thoracic surgeon at Anadolu Medical Center since 2007.
Assoc. Prof. Altan Kır worked as a health center doctor in Adana, Ceyhan between 1984 and 1987. He then completed his thoracic surgery specialty education at Dicle University Medical School. After working as specialist, chief assistant and assistant director at S.B. Pulmonary Diseases and Thoracic Surgery Training and Research Hospital until 2011, Assoc. Prof. Kır has been serving as thoracic surgeon at Anadolu Medical Center since 2007.
1. R. Baran, A. Kir, F. Korap, M. Kosku. Congenital isolated unilateral absence of right pulmonary artery. The Thoracic and Cardiovascular Surgeon, 41, 374-376 (1993).
2. C. Özçelik, İ. İnci, A. Kir, M. Toprak, N. Kandemir, N. Eren, G. Özgen. Traumatic popliteal and trifurcation arterial injuries: How can we predict the ultimate outcome? Vascular Surgery, 28(6), 401-406 (1994).
3. A. Kir, R. Baran. Simultaneous operation for hydatid cyst of right lung and liver. The Thoracic and Cardiovascular Surgeon, 43, 62-64 (1995).
4. R. Baran, A. Kir, M. M. Tor, K. Özvaran, A. Tunacı. Scimitar syndrome: confirmation of diagnosis by a noninvasive technique (MRI). European Radiology, 6, 92-94 (1996).
5. R. Baran, M. Tor, K. Tahaoğlu, A. Kir, Ö. Kızkın, H. Türker. Intrathoracic tuberculous lymphadenopathy: clinical and bronchoscopic features in 17 adults without parenchymal lesions. Thorax., 51, 87-89 (1996).
6. N. Saydam, A. Kir, O. Demir, E. Hazan, O. Oto, O. Saydam, G. Güner. Determination of glutathione, glutathione reductase, glutathione peroxidase, and glutathione S-transferase levels in human lung cancer tissues. Cancer Letters, 119,13-19 (1997).
7. M.Yüksel, A. Kir, S. Ercan, HF Batirel, V. Baysungur. Correlation between sizes and intracystic pressures of hydatic cysts. Eur J Cardiothorac Surg, 12, 903-906 (1997).
8. A. Kir, K.. Tahaoğlu, E. Okur, T. Hatipoğlu. Role of surgery in multi-drug-resistant tuberculosis: results of 27 cases. Eur J Cardiothorac Surg, 12, 531-534 (1997).
9. M. Tor, A. Atasalihi, N. Altuntas, E. Sulu, T. Senol, A. Kir, R. Baran. Review of cases with cystic hydatid lung disease in a tertiary referral hospital located in an endemic region: A 10 years experience. Respiration, 67, 539-542 (2000).
10. M.Celik, M. Kiyik, A. Gurses, A. Kir, Z. Kiliçaslan, B. Arman, S. Cikrikcioglu, A. Ekmekcioglu. The role of routine invasive staging for non-small cell lung cancer: A multicenter prospective study 1. Journal of Lung Cancer , vol. 29, no. 1, pp. 263-263 (2000).
11. E. Okur, A. Kir, S. Halezeroglu, A.L. Alpay, A. Atasalihi. Pleural tenting following upper lobectomies of the lung to prevent residual air space and prolonged air leak. Eur J Cardiothorac Surg,20, 1012-1015(2001).
12. K. Tahaoglu, T. Törün, T. Sevim, G. Ataç, A. Kir, L. Karasulu, İ. Özmen, N. Kapaklı. The treatment of multidrug-resistant tuberculosis in Turkey. N Eng J Med 345,170-4(2001).
13. Gungor S, Damadoglu E, Aybatli A, Yilmaz A, Kir A, Akkaya E. Typical pulmonary carcinoid tumors: presentation and outcome of 24 cases.Med Sci Monit. Jul;12(7):CR315-8. (2006).
14. Kir A, Inci I, Torun T, Atasalihi A, Tahaoglu K. Adjuvant resectional surgery improves cure rates in multidrug-resistant tuberculosis. J Thorac Cardiovasc Surg. Mar;131(3):693-6 (2006).
15. Törün T, Tahaoğlu K, Ozmen I, Sevim T, Ataç G, Kir A, Güngör G, Bölükbaşi Y, Maden E. The role of surgery and fluoroquinolones in the treatment of multidrug-resistant tuberculosis. Int J Tuberc Lung Dis. Sep;11(9):979-85(2007).
16. I. Iskender, S.Z. Kadioğlu, A. Koşar, A. Atasalihi, A. Kir. Is there any maximum standardized uptake value variation among positron emission tomography scanners for mediastinal staging in non-small cell lung cancer? Interactive Cardiovascular and Thoracic Surgery, 12,965-969(2011).
17. I. Iskender, S.Z. Kadioğlu, T. Cosgun, H. O. Kapicibasi, G. Sagiroglu, A. Kosar and A. Kir. False-positivity of mediastinal lymph nodes has negative effect on survival in potentially resectable non-small cell lung cancer. Eur J Cardiothorac Surg, 41, 874-879(2012).
1. A. Kir, H. F. Batırel, S. Ercan, M. Yüksel, F. Aksoy, C. Tahaoğlu, T. B. Alpdoğan. Early histopathologic features of tracheal allotransplants using high dose irradiation and cyclosporin-A: A comparative study. European Respiratory Society Annual Congress, The European Respiratory Journal, Abstracts p:368s, Stockholm,1996.
2. 2.M. Yüksel, A. Kir, S. Ercan, H. F. Batırel, V. Baysungur. Correlation between sizes and intracystic pressures of hydatid cysts. European Respiratory Society Annual Congress, The European Respiratory Journal, Abstracts p:384s, Stockholm,1996.
3. 3.M. Celik, M. Kiyik, A. Gurses, A. Kir, Z. Kilicaslan, B. Arman, S. Cikrikcioglu, A. Ekmekcioglu. The role of routine invasive staging for non-small cell lung cancer: A multicenter prospective study. 9th World Conference On Lung Cancer, Abstracts p:263, Tokyo 2000.
4. 4.E. Okur, A. Kir, S. Halezeroğlu, L. Alpay, A. Atasalihi. Pleural tenting following upper lobectomies of the lung to prevent residual air space and prolonged air leak. The 8th European Conference on General Thoracic Surgery, Abstracts p:112, London, 2000.
5. A. Kir, I. İskender, A.K Mısırlıoğlu, H Sönmez, H.O. Kapıcıbaşı, S.Z. Kadıoğlu, A. Koşar, T. Sevim, A.Atasalihi. The requirement of Mediastinoscopy on staging of NSCLC patients with negative mediastinal lymph node uptake on PET-CT imaging. The 17th European Conference on General Thoracic Surgery Krakow, 2009.
6. 6.I.Iskender, S.Z. Kadioğlu, A. Koşar, A. Atasalihi, A. Kir Is there any maximum standardized uptake value variation among positron emission tomography scanners for mediastinal staging in non-small cell lung cancer?.18th European Conference on General Thoracic Surgery, European Society of Thoracic Surgeons,Valladolid,2010.
7. T.Cosgun,G.Olgac,A.Kir,C.A. Kutlu. Sleeve lobectomy provides better survival rates than pneumonectomy in patients with NSCLC.18th European Conference on General Thoracic Surgery, Valladolid, 2010.
8. I. Iskender,T. Cosgun, S.Z. Kadıoglu, H.O. Kapıcıbası,G.Sagıroglu,A.Kosar,A.Kir. False positivity of mediastinal lymph nodes has negative effect on survival in surgically staged or resected non-small cell lung cancer.19th European Conference on General Thoracic Surgery, Marsilya, 2011.
9. A.Kir,T.Cosgun, O.Falay,G.Olgac,C.A. Kutlu.The impact of extended mediastinoscopy in left sided NSCLC patients presenting with suspected N2 disease in ≠5 and/or ≠6 stations. 19th European Conference on General Thoracic Surgery, Marsilya, 2011.
1. 1.T. Yaşar, K. Furtun, B. Ener, A. Kır, G. Özgen. Bochdalek Hernias. Dicle University Medical School Journal 17(2), 67-73 (1990).
2. 2.N. Eren, G. Özgen, A. Kır, C. Özçelik. Role of decortication in the treatment of childhood empyemas. GATA Buletin, 32, 367-371 (1990).
3. 3.T. Yaşar, G. Özgen, N. Eren, İ. İnci, A. Kır, K. Furtun. Diagnosis and treatment of peripheral vascular injuries. Dicle Medical Bulletin 18; 113-118 (1991).
4. 4.A. Kır, R. Baran, F. Korap, M. Kosku. Bronchogenic cysts. Marmara Medical Journal, 6(3), 95-101 (1993).
5. 5.A. Kır, R. Baran, K. Şahin. Congenital Pulmonary Arterioveneous Fistula Tuberculosis and Thorax 41(3), 202-207 (1993).
6. 6.Ö. Kızkın, K. Tahaoğlu, T. Karagöz, A. Kır. Pneumothoraces and Therapeutic Approach. Tuberculosis and Pulmonary Diseases, XLI(1-4), 62-71 (1993).
7. 7.C. Özçelik, İ. İnci, A. Kır, N. Eren, G. Özgen. A single-session operation with bilateral thoracotomy in bullous emphysema. Due to a case. Dicle Medical Bulletin, 20(4), 129-134 (1993).
8. 8.R. Baran, M. Baysal, A. Kır, E. Ege, C. Güney. Diagnostic value of Specific IgG-ELISA Method in Hydatid Cyst of the Lung. Respiratory Diseases, 5(2), 197-202 (1994).
9. 9.A. Kır, R. Baran, S. V. Baysungur, A. Yıldırım, H. Yılmaz, N. Atılgan, A. Atasalihi. Sleeve Lobectomy. Journal of Thoracic and Cardiovascular Surgery, 2, 367-370 (1994).
10. 10.A. Kır, S. V. Baysungur, R. Baran, F. Aksoy, İ. Pandül, A. Atasalihi. Diagnostic Mediastinoscopy. Journal of Thoracic and Cardiovascular Surgery, 3, 347-349 (1994).
11. 11.F. Aksoy, R. Baran, K. Tahaoğlu, A. Kır. Endobronchial Harmatomas. Heybeliada Medical Bulletin, 1(2), 57-58 (1995).
12. 12.A. Kır, R. Baran, F. Aksoy, K. Tahaoğlu, V. Baysungur. Dysphagia due to a mediastinal carinal cyst. Respiratory Diseases, 7(1), 101-105 (1996).
13. 13.C. Özçelik, İ. İnci, A. Kır, G. Özgen. A case of primary mediastinal hydatid cyst. Respiratory Diseases, 7(1), 97-100 (1996).
14. 14.A. Kır, H. Yılmaz, S. V. Baysungur, E. Okur. Mediastinoscopy in Patients with Vena Cava Superior Obstruction. Heybeliada Medical Bulletin, 2(1), 58-60 (1996).
15. 15.A. Kır, V. Baysungur, H. Yılmaz, E. Okur, E. Yalçın. Complications in pneumonectomy and non-pneumonectomy pulmonary anatomic resections. Journal of Thoracic and Cardiovascular Surgery. 4(1-2), 64-67 (1996).
16. 16.İ. İnci, C. Özçelik, A. Kır, M. Toprak, N. Eren, G. Özgen. Muscle-sparing posterolateral thoracotomy in children: Evaluation of 219 cases. Heybeliada Medical Bulletin, 2(2), 36-39 (1996).
17. 17.A. Kır, H.F. Batırel, S. Ercan, M. Yüksel, F. Aksoy, S.V. Baysungur, C. Tahaoğlu, T.B. Alpdoğan. Early histopathological changes after tracheal allotransplant in rabbits administered high dose radiation and cyclosporin-A. A comparative study. Heybeliada Medical Bulletin, 2(3), 25-28 (1996).
18. 18.A. Kır, S.V. Baysungur, A. Yıldırım, H. Yılmaz, E. Okur, R. Baran, K. Tahaoğlu, F. Aksoy, İ. Pandül, A. Atasalihi. Correlation between Mediastinal Lymphadenopathy and Metastatic Involvement in Non Small Cell Lung Cancers. Journal of Thoracic and Cardiovascular Surgery, 5(1), 29-32 (1997).
19. 19.S. V. Baysungur, H. Yılmaz, E. Okur, A.Kır, A. Atasalihi. Traumativ lung cyst (Due to a case). Heybeliada Medical Bulletin, 4(1), 34-36 (1998).
20. 20.G. Kır, A. Kır, S. Halezeroğlu, E. Okur. Solitary Fibrous Tumor of the Pleura. Heybeliada Medical Bulletin, 5(3), 48-49 (1999).
21. 21.A. Kır, E. Okur, S. Halezeroğlu, G. Kır, A. Atasalihi. A rare lobectomy complication: Lobar torsion and gangrene. Turkish Journal of Thoracic and Cardiovascular Surgery, 9, 257-259 (2001).
22. I.İskender, Ç. Tezel, S.Z. Kadıoğlu, A.Kir.The role of standard and extended cervical mediastinoscopy in the staging of non-small cell lung cancer patients. Turkish Journal of Thoracic and Cardiovascular Surgery, 19(3), 405-409 (2011).
23. Ç. Tezel, A. Kır, C.A. Kutlu. Re-resection of giant aggressive fibromatosis of the chest wall. Turkish Thorax Journal 13:71-3(2012).
1. 1.C. Tahaoğlu, K. Tahaoğlu, A. Kır, Ö. Kızkın, Y. Kıroğlu. Diagnostic Value of Lymph Node Fine Needle Aspiration Biopsy. XXIst Respiratory Research National Congress, S59, Kuşadası, 1993.
2. 2.İ. Pandül, A. Kır, V. Baysungur, A. Atasalihi. An endobronchial neurofibroma case. Turkish Pathology Society XIth National Pathology Congress, Abstract Book, 53, Kuşadası, 1994.
3. 3.F. Aksoy, R. Baran, A. Kır. Contribution of transbronchial fine needle aspiration to diagnosis. Turkish Pathology Society XIth National Pathology Congress, Abstract Book, 58, Kuşadası, 1994.
4. 4.F. Aksoy, A. Kır, R. Baran. Mature teratoma in tymus (A case report). Turkish Pathology Society XIth National Pathology Congress, Abstract Book, 59, Kuşadası, 1994.
5. 5.A. Kır, R. Baran, A. Yılmaz, A. Atasalihi. Mediastinal Masses, XXth Tuberculosis and Pulmonary Diseases Congress, Abstract Book, 57, Antalya, 1994.
6. 6.K. Şahin, R. Baran, A. Kır, T. Özpaçacı. The role of lung perfusion scintigraphy in the evaluation of resectability of bronchial cancers. XXth Tuberculosis and Pulmonary Diseases Congress, Abstract Book, 59, Antalya, 1994.
7. 7.A. Kır, R. Baran, A. Yılmaz, A. Atasalihi. Pulmonary hydatid cysts of the childhood (analysis of 66 cases). XXth Tuberculosis and Pulmonary Diseases Congress, Abstract Book, 53, Antalya, 1994.
8. 8.A. Yılmaz, T. Karagöz, E. Akkaya, A. Kır, F. Aksoy, İ. Pandül. Bronchial carcinoid tumors (Due to 16 cases). 15. SSK Medical Congress, Summary book, 218, İzmir, 1994.
9. 9.F. Aksoy, A. Yılmaz, A. Kır, E. Akkaya, H. Türker, B. Yılmaz. A case of liposarcoma localized in the mediastinum K. T. U. Medical School, IVth Blacksea Medical Days, Abstract Book, 89, Trabzon, 1995.
10. 10.A. Baran, A. Yılmaz, T. Moralı, S. Gülmen, A. Kır. Castleman Disease (Due to a case). K. T. U. Medical School, IVth Blacksea Medical Days, Abstract Book, 87, Trabzon, 1995.
11. 11.A. Kır, R. Baran. Nadir bir anomali: Intrathoracic rib. Uludağ University Medical School, 20th Year Pulmonary Days, Abstract Book, Bursa, 1995.
12. 12.A. Kır, V. Baysungur, A. Yıldırım, H. Yılmaz, R. Baran, K. Tahaoğlu, F. Aksoy, İ. Pandül, A. Atasalihi. Correlation between mediastinal lymphadenopathy and metastatic involvement in non small cell lung cancers. Uludağ University Medical School, 20th Year Pulmonary Days, Abstract Book, Bursa, 1995.
13. 13.R. Baran, M. Tor, K. Özvaran, K. Tahaoğlu, D. Güder, A. Kır. The role of bronchoscopy in the diagnosis of complicated pulmonary hydatid cyst disease. Uludağ University Medical School, 20th Year Pulmonary Days, Abstract Book, Bursa, 1995.
14. 14.A. Kır, F. Aksoy, V. Baysungur, A. Yıldırım, H. Yılmaz, N. Atılgan, A. Atasalihi. A surgically treated sternum-invasive malignant acrospiroma case. Uludağ University Medical School, 20th Year Pulmonary Days, Abstract Book, Bursa, 1995.
15. 15.A. Kır, H.F. Batırel, S. Ercan, M. Yüksel, F. Aksoy, C. Tahaoğlu, T.B. Alpdoğan. Early histopathological changes after tracheal transplant in rabbits administered high dose radiation and cyclosporin-A. 1st Annual Congress of the Thorax Society, Abstract Book, 28, Nevşehir, 1996.
16. 16.F. Aksoy, A. Yılmaz, S. Unutmaz, A. Kır, B. Bayramgürler, H. Kadı. Clinicopathological characteristics of 112 operated lung cancers. 1st Annual Congress of the Thorax Society, Abstract Book, 24, Nevşehir, 1996.
17. 17.S. Bulum, İ. Pandül, İ. Kılıç, R. Yıldırım, Ö. Demir, A. Kır, C. Tahaoğlu. Eccrine carcinoma and lung tuberculosis (Due to a case). 1st Annual Congress of the Thorax Society, Abstract Book, 52, Nevşehir, 1996.
18. 18.K. Tahaoğlu, Ö. Kızkın, T. Hatipoğlu, A. Kır, G. Güngör, M. Yılmaz, Ö. Demir, G. Ataç, E. Aksoy. Treatment results in multidrug resistant tuberculosis. 1st Annual Congress of the Thorax Society, Abstract Book, 54, Nevşehir, 1996.
19. 19.A. Kır, R. Baran, A. Yılmaz, T.B. Üskül, D. Güder, K. Özvaran. Pancoast tumors (Evaluation of 17 cases). 1st Annual Congress of the Thorax Society, Abstract Book, 59, Nevşehir, 1996.
20. 20.A. Yılmaz, F. Aksoy, T.B. Üskül, C. Tahaoğlu, A. Kır, R. Baran. Cell compliance in transthoracic fine needle aspirations. 1st Annual Congress of the Thorax Society, Abstract Book, 81, Nevşehir, 1996.
21. 21.A. Kır, E. Okur, K. Tahaoğlu, S.V. Baysungur, H. Yılmaz, T. Karagöz, A. Atasalihi. The role of surgery in patients with multi-drug-resistant tuberculosis: Initial results of 17 cases. XXIst National Turkish Tuberculosis and Pulmonary Diseases Congress, Abstract Book, SB-33, Marmaris, 1996.
22. 22.A. Kır, S.V. Baysungur, H. Yılmaz, E. Okur, A. Atasalihi. The role of surgery in pediatric bronchiectasis. XXIst National Turkish Tuberculosis and Pulmonary Diseases Congress, Abstract Book, SB-35, Marmaris, 1996.
23. 23.A. Kır, H. Yılmaz, S.V. Baysungur, E. Okur, A. Atasalihi. A recurrent malignant fibrous histiocytoma treated surgically with a myocutaneous flap. XXIst National Turkish Tuberculosis and Pulmonary Diseases Congress, Abstract Book, P-33, Marmaris, 1996.
24. 24.A. Kır, S. Halezeroğlu, E. Okur, L. Alpay, A. Atasalihi. Tracheobronchial sleeve resections. Pulmonary Diseases and Thoracic Surgery Joint Congress, Abstract Book, SB-024, Antalya, 2000.
25. 25.A. Kır, S. Halezeroğlu, E. Okur, L. Alpay, A. Atasalihi. The role of surgery in multi-drug-resistant tuberculosis; The experience in Süreyyapaşa. Pulmonary Diseases and Thoracic Surgery Joint Congress, Abstract Book, SB-062, Antalya, 2000.
26. 26.E. Okur, M. Cankurtaran, V. Baysungur, A. Kır, S. Halezeroğlu, A. Atasalihi. Surgical treatment of lung metastases. 4st Annual Congress of the Thorax Society, Abstract Book, 9, İzmir, 2001.
27. 27.E. Okur, A. Kır, V. Baysungur, H. Yılmaz, S. Halezeroğlu, A. Atasalihi. Mediastinoscopy: Our 9-year experiences. 4st Annual Congress of the Thorax Society, Abstract Book, 42, İzmir, 2001.
28. 28.H. Yılmaz, E. Okur, A. Alpay, A. Kır, S. Halezeroğlu, A. Atasalihi. Surgical treatment in cases of substernal goiter. 4st Annual Congress of the Thorax Society, Abstract Book, 125, İzmir, 2001.
29. 29.A. Alpay, E. Okur, M. Gökçe, A. Kır, S. Halezeroğlu, A. Atasalihi. Ipsilateral scalene lymph biopsy performed during mediastinoscopy. 4st Annual Congress of the Thorax Society, Abstract Book, 128, İzmir, 2001.
30. A.Koşar,O.Kapıcıbaşı, A.Mısırlıoğlu,H.Sönmez,İ.İskender,A.Kır,A.Atasalihi. Experimental Use of N-butyl cyanoacrylate tissue adhesive in pulmonary wedge resection. 5th Turkish Thoracic Surgery Congress, Kuşadası, 2009.
31. T.Çoşgun,O.Akın,E.Taşçı,Ş.Ürek,A.Kır,C.A. Kutlu. Comparative analysis of pneumonectomy and sleeve resection for morbidity, mortality and survival in patients with NSCLC. 5th Turkish Thoracic Surgery Congress, Kuşadası, 2009.
32. Ç.Tezel, E.Taşçı, Ş.Ürek, T.Coşgun, A.Kır, CA Kutlu. Surgical treatment in benign tracheal stenoses. 13th Thorax Society Congress, 88 TPpp. Istanbul, 2010.
33. Cosgun T, Olgac G, Tezel C, Vayvada M, Bayram S, Kır A, Kutlu C.A. What should be the rate of sleeve resection in modern practice? 16th Thorax Society Congress, Antalya, 2013.

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Full Statute Name: West's Alaska Statutes Annotated. Title 8. Business and Professions. Chapter 98. Veterinarians.
ARTICLE 1. BOARD OF VETERINARY EXAMINERS.
Sec. 08.98.010 Creation and membership of the board.
There is created the Board of Veterinary Examiners composed of five members appointed by the governor and approved by the legislature. Four members shall be licensed veterinarians who have been in active practice in the state for at least five years preceding appointment and one shall be a public member. A person may not serve on the board who is, or was during the two years immediately preceding appointment, a member of a faculty, board of trustees, or advisory board of a veterinary school.
The board shall hold at least three meetings each year. The board may hold special meetings at the call of the chairman or of a majority of the members. A majority of board members constitutes a quorum and a majority vote of those present is the decision of the board.
Sec. 08.98.050 Powers and duties of the board.
(11) identify resources and develop educational materials to assist licensees to identify an animal owner who may be at risk for abusing or misusing an opioid.
(2) adopt regulations or do any act necessary to carry out its duties under this chapter.
SLA 1963, ch. 91, § 1; SLA 1966, ch. 94, § 2; SLA 1967, ch. 54, § 1; SLA 1980, ch. 130, § 6; SLA 1981, ch. 57, § 1; SLA 1998, ch. 6, § 19. Amended by SLA 2008, ch. 108, § 1, eff. Sept. 22, 2008; 2nd Sp. Sess. 2017, ch. 2, § 31, eff. July 26, 2017.
Sec. 08.98.070 Duties of the department.
The department shall furnish the board with administrative services, including renting space for holding examinations, printing and mailing licenses and student permits, sending notices, before December 1 of each year, that licenses must be renewed, collecting fees and issuing receipts, keeping a current register of licensees, employing secretarial assistants, replying to routine requests for information, printing forms and informational bulletins, typing all matter to be reproduced, maintaining records and completed examinations, and keeping records of receipts and disbursements.
SLA 1963, ch. 91, § 1; SLA 1966, ch. 94, § 3. Amended by SLA 2008, ch. 108, § 2, eff. Sept. 22, 2008.
The department shall adopt procedural regulations necessary to carry out the duties imposed on it by AS 08.98.070.
(§ 1 ch 91 SLA 1963).
Sec. 08.98.090 Applicability of the Administrative Procedure Act.
AS 44.62 (Administrative Procedure Act) applies to regulations and proceedings under this chapter.
Members of the board are entitled to per diem allowances and transportation expenses allowed by law and paid members of other state examining boards.
Sec. 08.98.120 License required; prohibitions; penalty.
(2) a permit issued under AS 08.02.050 if the person is employed by an agency that has a permit issued under AS 08.02.050.
(4) falsely claim to be licensed or to hold a permit under this chapter.
(c) Violation of this section is a misdemeanor punishable by a fine of not more than $10,000 or by imprisonment for not more than one year, or by both.
(3) a veterinarian licensed and residing in another state who provides assistance, as requested by and under the supervision of a veterinarian licensed in this state, for the purpose of providing skills not otherwise available in this state in conducting research or other practice of veterinary medicine on captive or free-ranging wildlife; however, that assistance is limited to not more than three events in a calendar year for not more than a total of 60 days in the year and may not be on a regular or recurring basis, as defined by the board.
Added by SLA 2008, ch. 108, § 3, eff. Sept. 22, 2008.
Sec. 08.98.150 Administration of examination.
The board shall offer examinations at least once a year. Examinations shall be so administered that, whenever possible, one who grades a written examination does not know the identity of the examinee whose test is being graded.
A person who fails an examination may apply for a subsequent examination, but shall pay the examination fee each time the person applies.
Sec. 08.98.165 Qualification for license.
(5) has paid required fees.
Sec. 08.98.167 Qualification for technician license.
The board shall adopt regulations under which a person may qualify to be licensed as a veterinary technician.
A person who meets the requirements of AS 08.98.165(a)(1), (4), and (5) is entitled to be temporarily licensed after applying for examination if the person works under the supervision of a licensed veterinarian. A license issued under this section is valid until the results of the examinations are published. A person may not receive more than one temporary license. An application for a temporary license must be signed by the supervising veterinarian and accompanied by the temporary license fee required under AS 08.98.190.
Sec. 08.98.184 Licensure by credentials.
A person licensed to practice veterinary medicine in another state who meets the requirements of AS 08.98.165(a)(1), (4), and (5) may be granted a temporary permit to conduct the practice of a person licensed in the state who is absent from practice. An application shall be signed by the person who is or will be absent from practice and by the applicant. A temporary permit is valid for no longer than 60 days after issuance but may be renewed.
(a) The board may approve the issuance of a student permit to a student enrolled in and in good standing at an accredited college of veterinary medicine who has completed three years of study and is participating in an externship program as part of the college's educational curriculum.
(b) A student permit is valid for not longer than one year and may not extend beyond the student's graduation.
(4) a veterinary practice may not retain more than two student permit holders at a time.
(d) The board shall establish requirements for student permits by regulation.
(e) A person holding a permit under this section is not subject to provisions of this chapter other than this section.
(4) "veterinary practice" means a business that provides veterinary services.
Added by SLA 2008, ch. 108, § 4, eff. Sept. 22, 2008.
Sec. 08.98.200 Reinstatement of lapsed license.
A person whose license has lapsed is entitled to have the license reinstated without taking an examination unless the license has remained lapsed more than five years.
Sec. 08.98.235 Grounds for imposition of disciplinary sanctions.
(10) procured, sold, prescribed, or dispensed drugs in violation of a law, regardless of whether there has been a criminal action.
SLA 1980, ch. 130, § 13. Amended by 2nd Sp. Sess. 2017, ch. 2, § 32, eff. July 26, 2017.
(a) A veterinarian may not issue an initial prescription for an opioid that exceeds a sevenday supply to the owner of an animal patient for outpatient use.
(2) for an owner who is unable to access a veterinarian or pharmacist within the time necessary for a refill of the seven-day supply because of a logistical or travel barrier; the veterinarian may write a prescription for an opioid for the quantity needed to treat the animal for the time that the owner is unable to access a veterinarian or pharmacist; the veterinarian shall document in the animal's medical record the reason for the prescription of an opioid in a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative was not appropriate to address the medical condition.
Added by 2nd Sp. Sess. 2017, ch. 2, § 33, eff. July 26, 2017.
(5) "practice of veterinary medicine"
(6) "veterinary technician" means a person who performs functions delegated by a veterinarian licensed under this chapter.


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The Complainant is Fredericia Furniture A/S, Fredericia, Denmark, represented by Kirk Larsen & Ascanius, Denmark.
The disputed domain name <fredericiafurniture.com> is registered with Intercosmos Media Group d/b/a directNIC.com.
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 15, 2007. On October 17, 2007, the Center transmitted by email to Intercosmos Media Group d/b/a directNIC.com a request for registrar verification in connection with the domain name at issue. On October 17, 2007, Intercosmos Media Group d/b/a directNIC.com transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on October 24, 2007. In accordance with the Rules, paragraph 5(a), the due date for Response was November 13, 2007. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on November 15, 2007.
The Center appointed Alexandre Nappey as the sole panelist in this matter on November 22, 2007. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.
On December 10, 2007, the Panel issued a Panel Order. The Panel Order noted that the Complaint did not provide explicit evidence to support its case with respect to the first element of Paragraph 3(b)(ix) of the Rules. The Complainant was invited to provide further argument and evidence in relation to the rights it holds on a trademark which the disputed domain name would be identical or confusingly similar to. By the date indicated in the Panel Order, the Complainant filed further brief statements. The Respondent did not reply to the Complainant's further brief statements.
The following facts are taken from the Complaint, and were not contested.
Founded in Denmark in 1911, the Complainant has manufactured design furniture under the corporate name FREDERICIA FURNITURE.
The Complainant filed a CTM trademark application on FREDERICIA FURNITURE on November 9, 2007.
The Complainant promotes its products and displays related information through a website at “www.fredericia.com” since at least late 1998.
The disputed domain name was registered on August 19, 2004 in the name of the Respondent and at the date of the decision, resolves to a “parking” web page.
The Complainant manufactures high-quality design furniture and has existed since 1911. Its products are sold under the brand FREDERICIA FURNITURE.
The Complainant contends that the disputed domain name <fredericiafurniture.com> is identical to the Complainant's registered trademark FREDERICIA FURNITURE and registered company name Fredericia Furniture. The domain name is also confusingly similar to the Complainant's domain names <fredericia.com> and <fredericiafurniture.dk>.
To the best of the Complainant's knowledge and research, the Respondent's use of <fredericiafurniture.com> is not in connection with a bona fide offering of goods and services.
The Respondent is not making a legitimate noncommercial or fair use of the <fredericiafurniture.com> domain name.
The Respondent is not a licensee of the Complainant, nor is the Respondent otherwise authorized by the Complainant to use the Complainant's marks or apply for or use any domain name incorporating the FREDERICIA FURNITURE mark.
A person who visits <fredericiafurniture.com> on the Internet only sees a parking page that links Internet users to several commercial websites of different furniture topics.
According to the Complainant the use of a confusingly similar domain name to attract Internet users to a directory website containing commercial links to several different domain names, represents bad faith registration and use under paragraph 4(b)(iv) of the Policy.
The Respondent is engaged in bad faith registration and use of other domain names, such as <gwallet.com>, <iogear.com> and <nppn.com>, among others.
The Complainant asserts that the Respondent is intentionally attempting to attract, for commercial gain Internet users to its website or other on line locations by directly and voluntarily linking users to websites not related to the Complainant, creating a likelihood of confusion with the Complainant's marks as to the source, sponsorship, affiliation or endorsement of the Respondent's websites or locations or products or services on the Respondent's website.
Last, the Complainant contends that the Respondent has registered the <fredericiafurniture.com> domain name for the purpose of selling or renting, or otherwise transferring the domain name registration to the Complainant.
It results from the Complaint and further statements that the Complainant does not hold registered trademark rights on the wording FREDERICIA FURNITURE or even FREDERICIA.
A CTM application for FREDERICIA FURNITURE has been filed by the Complainant on November 9, 2007. The pending trademark application postdates the disputed domain name.
Notwithstanding, the Complainant has been clearly doing business under the Fredericia Furniture name, which is the Complainant's corporate name, for nearly a hundred years.
The Panel also notes that Complainant's website has been available for almost ten years through the Danish domain name <fredericiafurniture.dk> and the gTLD <fredericia.com>.
The question for the Panel is therefore to determine whether the Complainant has unregistered trademark rights in FREDERICIA FURNITURE.
As ruled in previous decisions, the application of the Policy is not limited to registered trademarks or service marks.
To assert unregistered trademark rights the Complainant must establish that the name has achieved secondary meaning or association with the Complainant.
See Australian Trade Commission v. Matthew Reader, WIPO Case No. D2002-0786.
In the present case it is indisputable that Complainant has been identifying itself under the FREDERICIA FURNITURE mark for at least ninety five years.
Complainant further provided supporting evidence that the name FREDERICIA FURNITURE is extensively used on its websites “www.fredericia.com” and “www.fredericiafurniture.dk”.
Therefore the Panel accepts that Complainant has established unregistered trademark rights in the name FREDERICIA FURNITURE.
The Panel must thus determine whether the domain name < fredericiafurniture.com > is identical or confusingly similar to the Complainant's unregistered FREDERICIA FURNITURE trademark.
The disputed domain name <fredericiafurniture.com> is indisputably identical to this mark, except for the “.com” suffix which is a DNS technical feature.
The Panel therefore finds that Complainant has met its burden of proving that the disputed domain name is identical and thus confusingly similar to the Complainant's mark, pursuant to the Policy, paragraph 4(a)(i).
The Complainant has put forward a credible prima facie case that the Respondent has no rights or legitimate interest in the domain name. In such circumstances the onus shifts to the Respondent to establish that it has such rights or interest.
The Complainant has submitted convincing evidence demonstrating that the Respondent is not commonly known by the disputed domain name and there is no connection between the Complainant and the Respondent.
Moreover it is the Panel's view that the Respondent has not made legitimate non-commercial use of the domain name, as the evidence of record is that the Respondent is generating revenue from a click-through site by using the Complainant's corporate name and unregistered trademark, and inherent goodwill to attract Internet traffic. This does not constitute legitimate, non-commercial or fair use within the scope of Paragraph 4(c)(iii) of the Rules.
In the absence of any explanation from the Respondent and given the arguments put forward by the Complainant, the Panel finds that the Respondent has no rights or legitimate interests in the domain name in dispute and the Complainant has satisfied the second element of paragraph 4(a) of the Policy.
In consideration with the continuous and extensive use of the mark FREDERICIA FURNITURE by the Complainant, it is hard to conceive that the Respondent registered the disputed domain name without any knowledge of the Complainant's mark.
The Panel observes indeed that the Respondent has been involved in numerous proceedings within the last months, where it has been systematically found in bad faith in similar circumstances.
Fat Face Holdings Ltd v. Belize Domain WHOIS Service Lt WIPO Case No. D2007-0626 (transfer), TV Globo Ltda. v. Belize Domain WHOIS Service Lt WIPO Case No. D2007-0714 (transfer), Above All Advertising Inc. v. Belize Domain Whois Service Lt WIPO Case No. D2007-0775 (transfer), Scandic Hotels AB v. Great Camanoe Investments Ltd / Belize Domain WHOIS Service Lt WIPO Case No. D2007-0813 (transfer), Madison Square Garden L.P., Radio City Trademarks, LLC v. Great Camanoe Investments Ltd / Belize Domain Names Whois Service Lt WIPO Case No. D2007-0819 (transfer), The Sans Institute v. Belize Domain WHOIS Service Lt WIPO Case No. D2007-0881 (transfer), Natura Cosm�ticos S.A., Industria e Com�rcio de Cosm�ticos Natura Ltda. v. Belize Domain Whois Service Lt WIPO Case No. D2007-1165 (transfer), Frontier Distribution LLC v. Belize Domain WHOIS Service Lt. WIPO Case No. D2007-1203 (transfer), Moen Incorporated v. Belize Domain WHOIS Service Lt WIPO Case No. D2007-1253 (transfer), Kforce Inc. v. Belize Domain Whois Service Lt. WIPO Case No. D2007-1317 (transfer).
Furthermore the domain name in issue resolves to a parking page offering sponsored links in relation with the Complainant's business. It is highly likely that such use generates click-through fees.
The Panel finds that the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its site by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of its website or of products there displayed.
Furthermore, the pattern of the Respondent's conduct as a serial cybersquatter in many similar recent cases also leads the Panel to the conclusion that the disputed domain name was registered and is used in bad faith.
For all the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the domain name <fredericiafurniture.com> be transferred to the Complainant.

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Thomas Floyd Falk, petitioner, Appellant, vs. Commissioner of Public Safety, Respondent. C3-97-1197, Court of Appeals Unpublished, February 10, 1998.
Appellant challenges the district court's order sustaining the revocation of appellant Thomas Floyd Falk's driver's license. We affirm.
A police officer stopped appellant for failing to stop at a red light on December 29, 1996. The officer then arrested appellant for driving while intoxicated and requested that he submit to a urine test. Appellant agreed to take the test, and the officer mailed appellant's test kit to the Bureau of Criminal Apprehension (BCA) laboratory.
James Nowell, a forensic scientist at the BCA, received the sealed test kit on December 31, 1996. Nowell tested the urine sample twice and concluded that its alcohol concentration was 0.16. Nowell testified that the test results were valid, but he admitted that under certain conditions, the alcohol in a urine sample can be the result of fermentation. But he also testified that he is experienced in determining whether a urine sample has fermented and when he opened appellant's test kit he did not notice a "noxious * * * [or] obnoxious odor" that would indicate fermentation.
To prevent fermentation, a test kit must contain fluoride, which acts as a preservative. The BCA tests one randomly selected kit of each 100 to determine if it contains the proper amount of fluoride. In Nowell's experience, all such randomly selected kits that the BCA has tested have contained the proper amount of fluoride. Nowell testified that the BCA's random sampling is a scientifically valid and reliable method of quality control that is recommended by the BCA laboratory director and accepted by the Society of Forensic Toxicologists.
This court will not set aside a district court's findings of fact unless they are clearly erroneous. Minn. R. Civ. P. 52.01. Clearly erroneous means "manifestly contrary to the weight of the evidence or not reasonably supported by the evidence as a whole." Northern States Power Co. v. Lyon Food Products, Inc., 304 Minn. 196, 201, 229 N.W.2d 521, 524 (1975).
When using the results of a chemical or scientific test as evidence, the proponent of the test "must establish that the test itself is reliable and that its administration in the particular instance conformed to the procedure necessary to ensure reliability." State v. Dille, 258 N.W.2d 565, 567 (Minn. 1977); see also Minn. Stat. § 169.123, subd. 6(3)(b) (1994). The proponent of the test must prove reliability by a preponderance of the evidence. See Renner v. Commissioner of Pub. Safety, 373 N.W.2d 628, 630 (Minn. App. 1985) (holding that commissioner is not required to prove rigid chain of custody for test samples to show test result is reliable by a fair preponderance of evidence). Evidence that the BCA furnished a urine test kit provides "a sufficient indicium of reliability to establish the prima facie admissibility of the test results." Dille, 258 N.W.2d at 568 (applying standard to BCA-furnished blood test kit). The burden then shifts to the defendant to show that the test was not trustworthy. Id.
Appellant argues that because respondent failed to introduce evidence of quality control procedures to ensure the correct amount of fluoride in the urine test kits, the district court clearly erred in finding that respondent established a prima facie case of reliability of the test results. Appellant relies on State v. Scott to support his assertion. No. C0-89-2066, 1990 WL 52605 (Minn. App. May 1, 1990). Unpublished opinions of this court are not precedential. Minn. Stat. § 480A.08, subd. 3(c) (1996). But even if Scott were a published opinion, we note that the state produced no evidence in Scott showing that either the company that manufactured the test kits or the BCA "employ[ed] any procedures to ensure the reliability of the * * * kits or the accuracy of the results." Scott, 1990 WL 52605 at **1. The record here shows that the BCA provided the kit to the arresting officer and that the BCA samples one kit of each 100 at random to see if it contains the correct amount of fluoride. Furthermore, the Society of Forensic Toxicologists endorses this random sampling as a scientifically valid and reliable quality control procedure. We conclude that the district court's finding that respondent provided adequate foundation for the reliability of the test was not clearly erroneous.
Respondent argues that appellant has not met his burden of proving that the test was invalid, unreliable, or inaccurate. Appellant provided no evidence to indicate that fermentation tainted the test results here. In fact, the only evidence on this issue is Nowell's testimony that he did not notice the odor that accompanies fermentation. We conclude that the district court did not clearly err in finding that the absence of an obvious indication of fermentation rebuts appellant's theory that the test results were erroneous.
[	1] Respondent argues that appellant waived any objection to admission of the test results at the hearing, and therefore this court should not review the issue. See Thiele v. Stich, 425 N.W.2d 580, 582 (Minn. 1988) (stating that appellate courts generally refuse to address issues and theories not raised to or decided by the district court). Although appellant stipulated that Nowell received the kit containing appellant's urine sample, analyzed it, and found that it had an alcohol concentration of 0.16, appellant also argued before the district court that the test was unreliable. This issue is therefore properly before this court.


On November 23, 2016, the Fourth Circuit issued a published opinion in the criminal case of Rodriguez v. Bush. In Rodriguez, the Fourth Circuit addressed whether the failure of Nicanor Perez Rodriguez’s (“Rodriguez”) trial counsel, James Ervin (“Ervin”), to object to a trial judge’s rejection of Rodriguez’s plea agreement constituted “ineffective assistance of counsel” that justified relief under 28 U.S.C. § 2254. After applying a deferential review standard for ineffective assistance and state-adjudicated § 2254 claims, the Fourth Circuit held that Ervin’s conduct did not constitute “ineffective assistance of counsel” because the alleged omitted objection would have been meritless and thus did not prejudice Rodriguez’s case. Accordingly, the Fourth Circuit affirmed the trial court’s denial of Rodriguez’s § 2254 petition.
In 2006, a South Carolina trial court convicted Rodriguez on multiple counts of drug trafficking and sentenced him to 45 years’ imprisonment. He had accepted a plea agreement on the first day of trial that recommended a 20-year sentence, but the plea agreement had been rejected by the trial judge without explanation the very same day.
In 2010, Rodriguez filed a motion for post-conviction relief (the “PCR Motion”), alleging that the rejection of the plea agreement constituted a violation of his federal due process rights and that Ervin provided ineffective assistance of counsel by failing to object to the rejection and thus preserve the issue for appeal. The state court denied the PCR Motion, holding that Rodriguez failed to show that (1) Ervin should have objected to the plea deal, and (2) Ervin’s failure to object prejudiced Ervin’s case. The Supreme Court of South Carolina affirmed.
Rodriguez then filed this § 2554 petition in the United States District Court for the District of South Carolina. The district court denied the petition, and Rodriguez appealed.
The court then reasoned that because the trial court addressed whether Ervin’s conduct constituted “ineffective assistance of counsel” to deny Rodriguez’s PCR Motion, the § 2254 petition could only be granted if the Fourth Circuit determined that the state court unreasonably applied the “ineffective assistance of counsel” standard. The Fourth Circuit identified the correct standard as a two-pronged test articulated in Strickland v. Washington, which enables a party to prevail on an ineffective assistance of counsel claim if he or she demonstrates that (1) “counsel’s performance was deficient” and (2) “the deficient performance prejudiced the defense.” Accordingly, the single issue on this appeal was whether any reasonable argument could be made that Ervin satisfied the Strickland test.
In applying these rules to the facts of Rodriguez, the court concluded that the Ervin’s “omitted objection” to the rejection of the plea agreement was “wholly meritless.” To come to this conclusion, it noted that in Missouri v. Frye, Santobello v. New York, and Lafler v. Cooper the Supreme Court clearly articulated that there is no federal due process right that a plea agreement be accepted by a judge. Thus, the Fourth Circuit determined that any objection made by Ervin asserting that the plea agreement’s rejection violated Rodriguez’s federal due process rights would have been entirely without merit. Accordingly, Rodriguez was not prejudiced by Ervin’s failure to make a meritless claim, and Ervin’s omission did not amount to an “ineffective assistance of counsel” justifying relief under § 2254.
Because Ervin’s omitted objection was wholly meritless, the Fourth Circuit determined that it was reasonable for the district court to conclude that Rodriguez did not demonstrate the requisite prejudice for an ineffective assistance of counsel claim. Accordingly, the Fourth Circuit affirmed the district court’s judgment, holding that the district court did not err when it denied Rodriguez’s request for relief under 28 U.S.C. §2254.


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Mr. S. D. Luckett for appellant. [199 U.S. 391, 392] Mr. J. H. Everest for appellee.
Bill in equity to declare appellee trustee of appellant of the south half of the southeast quarter of section 18, T. 10 N., R. 4 E., in the county of Pottawatomie, Oklahoma. Appellee holds patent of the United States. The charge is that he obtained the patent by imposition and fraud practised upon the Land Department. The trial court sustained a demurrer to the bill, and entered a judgment dismissing it. The judgment was affirmed by the supreme court of the territory. 12 Okla. 537, 73 Pac. 303.
The essential averments of the bill are that the land is a part of Sac and Fox reservation in the territory of Oklahoma, which was thrown open to settlement and homestead entry under the homestead laws of the United States, September 22, 1891, under the proclamation of the President of the United States, issued September 18, 1891. 27 Stat. at L. 989. The appellant was qualified to make settlement and entry of said land, and immediately after 12 o'clock noon of September 22, and before any other qualified person, settled upon the land. Immediately thereafter he commenced to erect a dwelling house and established his residence thereon, and cultivated and improved the same in compliance with the homestead laws. On the 25th September he made a homestead entry thereon at the land office at Oklahoma City. Appellee filed an affidavit contesting the entry, in which he falsely and fraudulently alleged that he made settlement on the land immediately after 12 o'clock noon of September 22, 1891, and prior to appellant. The contest came on for hearing on the 5th of July, 1892, and after hearing, the register and receiver of the local land office held that appellee was the prior settler, and appellant's entry was canceled, and appellee was allowed to enter the land, May 21, 1894. On the 26th of September, 1894, appellant filed an affidavit of contest against appellee and his entry, [199 U.S. 391, 393] alleging that appellee was not qualified to make entry, for the reason that he entered upon and occupied the land and other parts of the reservation prior to noon of the 22d day of September, 1891, and after September 18, 1891. The contest was heard and the land officers found adversely to the contention. This ruling was affirmed successively by the Commissioner of the General Land Office and the Secretary of the Interior, and patent issued to the appellee. The appellant alleges that, upon the hearing and trial before the register and receiver, appellee 'wilfully, intentionally, and fraudulently, intending to deceive and mislead and misinform said register and receiver, procured and introduced the testimony of witnesses,-W. L. Hartman, Clarence Hartman, Sam Cole, David L. Timmons, John Eaton, and H. W. Darrow,-who, at the instigation and procurement of the said defendant (appellee), testified before said register and receiver, in substance and effect, that the said defendant did not enter upon or occupy any of said lands so opened to settlement as aforesaid before 12 o'clock noon of September 22, A. D. 1891, and subsequent to September 18, A. D. 1891, and to the effect that they were with said defendant during said period and all of the time; which said testimony was false, and known by said defendant to be false when he procured and introduced the same.' The appellant also alleges that the Commissioner and Secretary of the Interior were deceived and misled as to the facts in the case by said false and fraudulent testimony.
An amendment to the bill, filed by permission of the trial court, alleges that after testimony was taken in the contest, and before any decision had been rendered by the register and receiver, appellant filed a motion to reopen the hearing in said contest, and that he be allowed to introduce further testimony. The motion was overruled, and a motion was then made for a new trial. Both motions were supported by affidavits and it is alleged that the register and receiver were influenced to overrule the motions, and were deceived by the false and fraudulent testimony of appellee and his witnesses, and that [199 U.S. 391, 394] said officers misconstrued and misapplied the law, in that the rules and practice of the Land Department require in all cases where fraud or perjury has been committed in any hearing the same shall be reopened or a new trial granted, when such fact is shown to the office or department where pending, regardless of technicalities. A like allegation is made in regard to the ruling of the Commissioner of the General Land Office and the Secretary of the Interior.
One of the affidavits attached to the motions was that of John Eaton, a witness in the contest proceedings for appellee, who testified to the settlement of the latter upon the land of the 22d day of September, 1891, after the opening of the reservation. Eaton states in his affidavit that he made his deposition by inducement of appellee and while he, Eaton, was intoxicated; and, coming to reflect upon the injury he had done, he voluntarily reveals his perjury. He also states that he was not in Oklahoma on the 22d of September, but was in Kentucky, arriving there about the 15th or 16th of September. The affidavits of his brother and nephew corroborate his statement. There is an affidavit of one of the attorneys for appellant that he had been informed before the hearing of the contest by appellant that one George Stratton knew and had sworn in an affidavit, supporting appellant's affidavit of contest, that he was with appellee on the land in controversy on the 22d day of September, 1891, and was told by appellee that he had been on the reservation before it was opened. Stratton was written to, the affidavit states, to appear at the hearing, but did not appear. The affiant tried to see Stratton, but was prevented by inclement weather, but read his affidavit to him through the telephone, between the town of Wewoka and his residence. He replied that the affidavit was true. He, however, refused to come to town on account of the weather, and the notary refused to go to Stratton's for the same reason. It was stated that Stratton could not be communicated with earlier. No date is given of the communication with Stratton. The affidavit [199 U.S. 391, 395] is dated March 4, 1899. The officers of the Land Department held the showing insufficient.
The contention of the appellant is that the Land Department was imposed upon, and that this imposition constitutes a ground of review of its decision by the courts. Garland v. Wynn, 20 How. 6, 15 L. ed. 801; Barnard v. Ashley, 18 How. 43, 15 L. ed. 285; Lytle v. Arkansas, 22 How. 193, 16 L. ed. 306; Lindsey v. Hawes, 2 Black, 554, 17 L. ed. 265; Carr v. Fife, 156 U.S. 494 , 39 L. ed. 508, 15 Sup. Ct. Rep. 427; De Cambra v. Rogers, 189 U.S. 119 , 47 L. ed. 734, 23 Sup. Ct. Rep. 519, are relied on to support the contention.
Appellant, distinguishing between fraud and imposition practised by a party upon the Land Department, makes the latter a ground of jurisdiction in the courts. His case demands this, as no fraud was practised upon him to prevent him from fully presenting his case. He admits that a finding of facts upon contradictory testimony is conclusive, not only in the Land Department, but upon the courts. It is, however, in effect, contended that if perjury can or shall be imputed to the witnesses, the character of the decision changes and becomes reviewable; and this not in an ex parte proceeding, but in a contested proceeding, where everything was open and took place upon notice. No case justifies this extreme view. It is certainly not called for by the facts of the case at bar. The land was thrown open to entry on the 22d day of September, 1891. Appellant made an entry and appellee contested it. The contest came on for hearing July, 1892, and decision rendered in 1894. Appellee then made entry and appellant instituted a contest. After some preliminary steps, and by consent of the parties, the case was set for hearing June 10, 1898. There was a continuance until September 12, and another until the 29th, both at the instance of appellant. The case was closed October 28. Motion to reopen the case was made January 27, 1899. Five witnesses besides Eaton and appellee testified to the latter's qualification to enter the land. At the hearing, October 12, 1898, the divorced wife of Eaton testified on behalf of appellant that she knew of the opening of the Sac and Fox reservation for settlement, and at that time [199 U.S. 391, 396] she and Eaton were on the way to Kentucky, having started in July, 1891. The attorney for the appellant, in the affidavits referred to, excused himself for not having moved for a continuance of the hearing after this testimony was given, on the ground that he could not give the names and residence of the witnesses by whom Eaton's presence in Kentucky could be proven, as required by rule 24, for the reason that the witness had informed him she did not know any person who would be likely to know the date other than the brother and relatives of Eaton, and they would not testify without his consent. He gave as another reason that he was fearful if he disclosed the fact that he was seeking evidence in Kentucky Eaton would flee the country; and, as appellee had sought to confuse and conceal the identity of Eaton, the flight of the latter would make the evidence of no utility to appellant. In view of this statement of the proceedings, how can it be said imposition was practised upon the Land Department? A great deal of the testimony was taken in the presence of the register and receiver. They, as officers, given by law the duty and function of judgment, passed upon the weight of the evidence, its contradictions, and the imputations to which it and the witnesses who gave it were subject. They exercised a like judgment upon the new testimony which was submitted on the motions to reopen and for new trial, upon the diligence in procuring it, and its value upon the issue between the parties. They considered it and decided against it. They exercised the judgment which the law invested them with power to make. Their function would be useless if it did not extend that far, and every decision they should make could be subjected to review by the courts by a charge of perjury against a witness. Against such power of review the decisions are clear. Vance v. Burbank, 101 U.S. 514 , 25 L. ed. 929; United States v. Minor, 114 U.S. 233 , 29 L. ed. 110, 5 Sup. Ct. Rep. 836; Lee v. Johnson, 116 U.S. 48 , 29 L. ed. 570, 6 Sup. Ct. Rep. 249; United States v. Throckmorton, 98 U.S. 61 , 25 L. ed. 93.

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Retrieval of atmospheric parameters from measurements of the Martian atmosphere to study its structure, dynamics, and composition.
Measurement of structure and chemical composition of Earth's middle atmosphere.
Remote sensing of atmospheres in the infrared and microwave wavelength regions.
Heavens, N. G., A. Kleinböhl, M. S. Chaffin, J. S. Halekas, D. M. Kass, P. O. Hayne, D. J. McCleese, S. Piqueux, J. H. Shirley, J. T. Schofield, Hydrogen escape from Mars enhanced by deep convection in dust storms, Nat. Astron., 2, 126-132, 2018.
López-Valverde, M. A., J.-C. Gerard, F. González-Galindo, A.-C. Vandaele, I. Thomas, O. Korablev, N. Ignatiev, A, Fedorova, F. Montmessin, A. Määttänen, S. Guilbon, F. Lefevre, M. R. Patel, S. Jiménez-Monferrer, M. García-Comas, A. Cardesin, C. F. Wilson, R. T. Clancy, A. Kleinböhl, D. J. McCleese, D. M. Kass, N. M. Schneider, M. S. Chaffin, J. J. López-Moreno, J. Rodríguez, Investigations of the Mars Upper Atmosphere with ExoMars Trace Gas Orbiter, Space Sci. Rev., 214, 29, doi:10.1007/s11214-017-0463-4, 2018.
Kleinböhl, A., A. J. Friedson, and J. T. Schofield, Two-dimensional radiative transfer for the retrieval of limb emission measurements in the Martian atmosphere, J. Quant. Spectrosc. Radiat. Transfer, 187, 511-522, doi:10.1016/j.jqsrt.2016.07.009, 2017.
Guzewich, S. D., Newman, C. E., Smith, M. D., Moores, J. E., Smith, C. L., Moore, C., Richardson, M. I., Kass, D., Kleinböhl, A., Mischna, M., Martn-Torres, F. J., Zorzano-Mier, M.-P., Battalio, M., The vertical dust profile over Gale Crater, Mars. J. Geophys. Res., 122, 2779–2792, 2017.
Piqueux, S., A. Kleinböhl, P. O. Hayne, N. G. Heavens, D. M. Kass, D. J. McCleese, J. T. Schofield, J. H. Shirley, Discovery of a widespread low-latitude diurnal CO2 frost cycle, and implication for dust mobility on Mars, J. Geophys. Res., 121, 1174-1189, 2016.
Kass, D. M., A. Kleinböhl, D. J. McCleese, J. T. Schofield and M. D. Smith, Interannual similarity in the Martian atmosphere during the dust storm season, Geophys. Res. Lett., 43, 6111-6118, 2016.
Kleinböhl, A., J. T. Schofield, D. M. Kass, W. A. Abdou, and D. J. McCleese, No widespread dust in the middle atmosphere of Mars from Mars Climate Sounder observations, Icarus, 261, 118-121, doi:10.1016/j.icarus.2015.08.010, 2015.
Heavens, N. G., B. A. Cantor, P. O. Hayne, D. M. Kass, A. Kleinböhl, D. J. McCleese, S. Piqueux, J. T. Schofield, J. H. Shirley, Extreme Detached Dust Layers near Martian Volcanoes: Evidence for Dust Transport by Mesoscale Circulations Forced by High Topography, Geophys. Res. Lett., 42, 3730-3738, 2015.
Piqueux, S., A. Kleinböhl, P. O. Hayne, D. M. Kass, J. T. Schofield, D. J. McCleese, Variability of the martian seasonal CO2 cap extent over eight Mars Years, Icarus, 251, 164-180, 2015.
Montabone, L., F. Forget, E. Millour, R.J. Wilson, S.R. Lewis, B. Cantor, D. Kass, A. Kleinböhl, M.T. Lemmon, M.D. Smith, M.J. Wolff, Eight-year climatology of dust optical depth on Mars, Icarus, 251, 65-95, 2015.
Shirley, J. H., T. H. McConnochie, D. M. Kass, A. Kleinböhl, J. T. Schofield, N. G. Heavens, D. J. McCleese, J. Benson, D. P. Hinson, J. L. Bandfield, Temperatures and aerosol opacities of the Mars atmosphere at aphelion: Validation and inter-comparison of limb sounding profiles from MRO/MCS and MGS/TES, Icarus, 251, 26-49, 2015.
Hinson, D. P., S. W. Asmar, D. S. Kahan, V. Akopian, R. M. Haberle, A. Spiga, J. T. Schofield, A. Kleinböhl, W. A. Abdou, S. R. Lewis, M. Paik, and S. G. Maalouf, Initial results from radio occultations with MRO: A nocturnal mixed layer in the tropics and comparisons with polar profiles from the MCS, Icarus, 243, 91-103, 2014.
Heavens, N. G., M. S. Johnson, W. A. Abdou, D. M. Kass, A. Kleinböhl, D. J. McCleese, J. H. Shirley, and R. J. Wilson, Seasonal and diurnal variability of detached dust layers in the Mars atmosphere, J. Geophys. Res., 119, 1748-1774, 2014.
Kleinböhl, A., M. Khosravi, J. Urban, T. Canty, R. J. Salawitch, G. C. Toon, H. Kllmann, and J. Notholt (2014), Constraints for the photolysis rate and the equilibrium constant of ClO-dimer from airborne and balloon-borne measurements of chlorine compounds, J. Geophys. Res. Atmos., 119, 6916?6937, doi:10.1002/2013JD021433.
Kleinböhl, A., R. J. Wilson, D. Kass, J. T. Schofield, and D. J. McCleese, The semi-diurnal tide in the middle atmosphere of Mars, Geophys. Res. Lett., 40, 1952-1959, doi:10.1002/grl.50497, 2013.
Smith, M. D., M. J. Wolff, R. T. Clancy, A. Kleinböhl, and S. L. Murchie, Vertical distribution of dust and water ice aerosols from CRISM limb-geometry observations, J. Geophys. Res., 118, 321-334, doi:10.1002/jgre.20047, 2013.
McDunn T., S. Bougher, J. Murphy, A. Kleinböhl, F. Forget, and M. Smith, Characterization of middle-atmosphere polar warming at Mars, J. Geophys. Res., 118, 161-178, doi:10.1002/jgre.20016, 2013.
Clancy, R. T., B. J. Sandor, M. J. Wolff, M. D. Smith, F. Lefèvre, J.-B. Madeleine, F. Forget, S. L. Murchie, F. P. Seelos, K. D. Seelos, H. A. Nair, A. D. Toigo, D. Humm, D. M. Kass, A. Kleinböhl, N. Heavens, Extensive MRO CRISM observations of 1.27 μm O2 airglow in Mars polar night and their comparison to MRO MCS temperature profiles and LMD GCM simulations, J. Geophys. Res., 117, E00J10, doi:10.1029/2011JE004018, 2012.
Hayne, P. O., D. A. Paige, J. T. Schofield, D. M. Kass, A. Kleinböhl, N. G. Heavens, and D. J. McCleese, Carbon dioxide snow clouds on Mars: South polar winter observations by the Mars Climate Sounder, J. Geophys. Res., 117, E08014, doi:10.1029/2011JE004040, 2012.
Kleinböhl, A., J. T. Schofield, W. A. Abdou, P. G. J. Irwin, R. J. de Kok, A single-scattering approximation for infrared radiative transfer in limb geometry in the Martian atmosphere, J. Quant. Spectrosc. Radiat. Transfer, 112, 1568-1580, 2011.
Jacquinet-Husson, N., L. Crepeau, R. Armante, C. Boutammine, A. Chedin, N. A. Scott, C. Crevoisier, V. Capelle, C. Boone, N. Poulet-Crovisier, A. Barbe, A. Campargue, D. Chris Benner, Y. Benilan, B. Bezard, V. Boudon, L. R. Brown, L. H. Coudert, A. Coustenis, V. Dana, V. M. Devi, S. Fally, A. Fayt, J.-M. Flaud, A. Goldman, M. Herman, G.J. Harris, D. Jacquemart, A. Jolly, I. Kleiner, A. Kleinböhl, F. Kwabia-Tchana, N. Lavrentieva, N. Lacome, Li-Hong Xu, O. M. Lyulin, J.-Y. Mandin, A. Maki, S. Mikhailenko, C. E. Miller, T. Mishina, N. Moazzen-Ahmadi, H. S. P. Müller, A. Nikitin, J. Orphal, V. Perevalov, A. Perrin, D. T. Petkie, A. Predoi-Cross, C. P. Rinsland, J. J. Remedios, M. Rotger, M. A. H. Smith, K. Sung, S. Tashkun, J. Tennyson, R. A. Toth, A.-C. Vandaele, J. VanderAuwera, The 2009 edition of the GEISA spectroscopic database, J. Quant. Spectrosc. Radiat. Transfer, 112, 2395-2445, 2011.
Kuttippurath, J., A. Kleinböhl, M. Sinnhuber, H. Bremer, H. Küllmann, J. Notholt, S. Godin‐Beekmann, O. Tripathi, and G. Nikulin, Arctic ozone depletion in 2002-2003 measured by ASUR and comparison with POAM observations, J. Geophys. Res., 116, D22305, doi:10.1029/2011JD016020, 2011.
Velazco, V. A., G. C. Toon, J.‐F. L. Blavier, A. Kleinböhl, G. L. Manney, W. H. Daffer, P. F. Bernath, K. A. Walker, and C. Boone, Validation of the Atmospheric Chemistry Experiment by noncoincident MkIV balloon profiles, J. Geophys. Res., 116, D06306, doi:10.1029/2010JD014928, 2011.
Benson, J. L., Kass, D. M., Kleinböhl, A., Mars' north polar hood as observed by the Mars Climate Sounder, J. Geophys. Res., 116, E03008, 10.1029/2010JE003693, 2011.
Heavens, N. G, M. I. Richardson, A. Kleinböhl, D. M. Kass, D. J. McCleese, W. Abdou, J. L. Benson, J. T. Schofield, J. H. Shirley, P. M. Wolkenberg, The vertical distribution of dust in the Martian atmosphere during northern spring and summer: High-altitude tropical dust maximum at northern summer solsticeObservations by the Mars Climate Sounder and analysis of zonal average vertical dust profiles, J. Geophys. Res., 116, E01007, 10.1029/2010JE003692, 2011.
Heavens, N. G, M. I. Richardson, A. Kleinböhl, D. M. Kass, D. J. McCleese, W. Abdou, J. L. Benson, J. T. Schofield, J. H. Shirley, P. M. Wolkenberg, The vertical distribution of dust in the Martian atmosphere during northern spring and summer: Observations by the Mars Climate Sounder and analysis of zonal average vertical dust profiles, J. Geophys. Res., 116, E04003, doi:10.1029/2010JE003691, 2011.
Heavens, N. G., D. J. McCleese, M. I. Richardson, D. M. Kass, A. Kleinböhl, J. T. Schofield, Structure and dynamics of the Martian lower and middle atmosphere as observed by the Mars Climate Sounder: 2. Implications of the thermal structure and aerosol distributions for the mean meridional circulation, J. Geophys. Res., 116, E01010, 10.1029/2010JE003713, 2011.
Kuttippurath, J., Kleinböhl, A., Bremer, H., Küllmann, H., Notholt, J., Sinnhuber, B.-M., Feng, W., Chipperfield, M., Aircraft measurements and model simulations of stratospheric ozone and N2O: implications for chemistry and transport processes in the models, J. Atmos. Chem., 66, 41-64, 2010.
McCleese, D. J., N. G. Heavens, J. T. Schofield, W. A. Abdou, J. L. Bandfield, S. B. Calcutt, P. G. J. Irwin, D. M. Kass, A. Kleinböhl, S. R. Lewis, D. A. Paige, P. L. Read, M. I. Richardson, J. H. Shirley, F. W. Taylor, N. Teanby, R. W. Zurek, Structure and dynamics of the Martian lower and middle atmosphere as observed by the Mars Climate Sounder: Seasonal variations in zonal mean temperature, dust, and water ice aerosols, J. Geophys. Res., 115, E12016, 10.1029/2010JE003677, 2010.
Heavens, N. G., J. L. Benson, D. M. Kass, A. Kleinböhl, W. A. Abdou, D. J. McCleese, M. I. Richardson, J. T. Schofield, J. H. Shirley, P. M. Wolkenberg, Water ice clouds over the Martian tropics during northern summer, Geophys. Res. Lett., 37, L18202, 10.1029/2010GL044610, 2010.
Benson, J. L., Kass, D. M., Kleinböhl, A., McCleese, D. J., Schofield, J. T., Taylor, F. W., Mars' South Polar Hood as observed by the Mars Climate Sounder, J. Geophys. Res., 115, E12015, 10.1029/2009JE003554, 2010.
Heavens, N. G., Richardson, M. I., Lawson, W. G., Lee, C., McCleese, D. J., Kass, D. M., Kleinböhl, A., Schofield, J. T., Abdou, W. A., Shirley, J. H., Convective instability in the Martian middle atmosphere, Icarus, 208, 574-589, 2010.
Notholt, J., Toon, G. C., Fueglistaler, S., Wennberg, P. O., Irion, F. W., McCarthy, M., Scharringhausen, M., Siek Rhee, T., Kleinböhl, A., Velazco, V., Trend in ice moistening the stratosphere - constraints from isotope data of water and methane, Atmos. Chem. Phys., 10, 201-207, 2010.
Tamppari, L. K., Bass, D., Cantor, B., Daubar, I., Dickinson, C., Fisher, D., Fujii, K., Gunnlauggson, H. P., Hudson, T. L., Kass, D. M., Kleinböhl, A., Komguem, L., Lemmon, M. T., Mellon, M., Moores, J., Pankine, A., Pathak, J., Searls, M., Seelos, F., Smith, M. D., Smrekar, S., Taylor, P., Holstein-Rathlou, C., Weng, W., Whiteway, J., Wolff, M. J., Phoenix and MRO Coordinated Atmospheric Measurements, J. Geophys. Res., 115, 10.1029/2009JE003415, 2010.
Kleinböhl, A., Schofield, J. T., Kass, D. M., Abdou, W. A., Backus, C. R., Sen, B., Shirley, J. H, Lawson, W. G., Richardson, M. I., Taylor, F. W., Teanby, N. A., McCleese, D. J., Mars Climate Sounder Limb Profile Retrieval of atmospheric Temperature, Pressure, Dust and Water ice opacity, J. Geophys. Res., 114, E10006, 10.1029/2009JE003358, 2009.
Lee, C., Lawson, W. G., Richardson, M. I., Heavens, N. G., Kleinböhl, A., Banfield, D., McCleese, D. J., Zurek, R. W., Kass, D. M., Schofield, J. T., Leovy, C. B., Taylor, F. W., Toigo, A. D., Thermal Tides in the Martian Middle Atmosphere as Seen by the Mars Climate Sounder, J. Geophys. Res., 114, E03005, 10.1029/2008JE003285, 2009.
Dupuy, E., Walker, K. A., Kar, J., Boone, C. D., McElroy, C. T., Bernath, P. F., Drummond, J. R., Skelton, R., McLeod, S. D., Hughes, R. C., Nowlan, C. R., Dufour, D. G., Zou, J., Nichitiu, F., Strong, K., Baron, P., Bevilacqua, R. M., Blumenstock, T., Bodeker, G. E., Borsdorff, T., Bourassa, A. E., Bovensmann, H., Boyd, I. S., Bracher, A., Brogniez, C., Burrows, J. P., Catoire, V., Ceccherini, S., Chabrillat, S., Christensen, T., Coffey, M. T., Cortesi, U., Davies, J., De Clercq, C., Degenstein, D. A., De Mazière, M., Demoulin, P., Dodion, J., Firanski, B., Fischer, H., Forbes, G., Froidevaux, L., Fussen, D., Gerard, P., Godin-Beekmann, S., Goutail, F., Granville, J., Griffith, D., Haley, C. S., Hannigan, J. W., Höpfner, M., Jin, J. J., Jones, A., Jones, N. B., Jucks, K., Kagawa, A., Kasai, Y., Kerzenmacher, T. E., Kleinböhl, A., Klekociuk, A. R., Kramer, I., Küllmann, H., Kuttippurath, J., Kyrölä, E., Lambert, J.-C., Livesey, N. J., Llewellyn, E. J., Lloyd, N. D., Mahieu, E., Manney, G. L., Marshall, B. T., McConnell, J. C., McCormick, M. P., McDermid, I. S., McHugh, M., McLinden, C. A., Mellqvist, J., Mizutani, K., Murayama, Y., Murtagh, D. P., Oelhaf, H., Parrish, A., Petelina, S. V., Piccolo, C., Pommereau, J.-P., Randall, C. E., Robert, C., Roth, C., Schneider, M., Senten, C., Steck, T., Strandberg, A., Strawbridge, K. B., Sussmann, R., Swart, D. P. J., Tarasick, D. W., Taylor, J. R., Tétard, C., Thomason, L. W., Thompson, A. M., Tully, M. B., Urban, J., Vanhellemont, F., Vigouroux, C., von Clarmann, T., von der Gathen, P., von Savigny, C., Waters, J. W., Witte, J. C., Wolff, M., Zawodny, J. M., Validation of ozone measurements from the Atmospheric Chemistry Experiment (ACE), Atmos. Chem. Phys., 9, 287-343, 2009.
McCleese, D. J., Schofield, J. T., Taylor, F. W., Abdou, W. A., Aharonson, O., Banfield, D., Calcutt, S. B., Heavens, N. G., Irwin, P. G. J., Kass, D. M., Kleinböhl, A., Lawson, W. G., Leovy, C. B., Lewis, S. R., Paige, D. A., Read, P. L., Richardson, M. I., Teanby, N. A., Zurek, R. W., Intense polar temperature inversion in the middle atmosphere on Mars, Nature Geoscience, 1, 745-749, 2008.
Santee, M. L., Lambert, A., Read, W. G., Livesey, N. J., Manney, G. L., Cofield, R. E., Cuddy, D. T., Daffer, W. H., Drouin, B. J., Froidevaux, L., Fuller, R. A., Jarnot, R. F., Knosp, B. W., Perun, V. S., Snyder, W. V., Stek, P. C., Thurstans, R. P., Wagner, P. A., Waters, J. W., Connor, B., Urban, J., Murtagh, D., Ricaud, P., Barret, B., Kleinböhl, A., Kuttippurath, J., Kuellmann, H., von Hobe, M., Toon, G. C., Stachnik, R. A., Validation of the Aura Microwave Limb Sounder ClO measurements, J. Geophys. Res., 113, D15S22, 10.1029/2007JD008762, 2008.
Kovalenko, L. J., Jucks, K. W., Salawitch, R. J., Toon, G. C., Blavier, J.-F., Johnson, D. G., Kleinböhl, A., Livesey, N. J., Margitan, J. J., Pickett, H. M., Santee, M. L., Sen, B., Stachnik, R. A., Waters, J. W., Observed and modeled HOCl profiles in the midlatitude stratosphere: Implication for ozone loss, Geophys. Res. Lett., 34, L19801, 10.1029/2007GL031100, 2007.
Wang, D. Y., Höpfner, M., Blom, C. E., Ward, W. E., Fischer, H., Blumenstock, T., Hase, F., Keim, C., Liu, G. Y., Mikuteit, S., Oelhaf, H., Wetzel, G., Cortesi, U., Mencaraglia, F., Bianchini, G., Redaelli, G., Pirre, M., Catoire, V., Huret, N., Vigouroux, C., De Mazière, M., Mahieu, E., Demoulin, P., Wood, S., Smale, D., Jones, N., Nakajima, H., Sugita, T., Urban, J., Murtagh, D., Boone, C. D., Bernath, P. F., Walker, K. A., Kuttippurath, J., Kleinböhl, A., Toon, G. C., Piccolo, C., Validation of MIPAS HNO3 operational data, Atmos. Chem. Phys., 7, 4905-4934, 2007.
Kuttippurath, J., Bremer, H., Burrows, J., Kleinböhl, A., Küllmann, H., Künzi, K., Notholt, J., Sinnhuber, M., von Savigny, C., Lautie, N., Murtagh, D., Urban, J., Milz, M., Stiller, G., Petelina, S., de la Noe, J., Le Flochmoen, E., Ricaud, P., Intercomparison of ozone profile measurements from ASUR, SCIAMACHY, MIPAS, OSIRIS, and SMR, J. Geophys. Res., 112, D09311, 10.1029/2006JD007830, 2007.
Kleinböhl, A., Toon, G. C., Sen, B., Blavier, J.-F. L., Weisenstein, D. K., Strekowski, R. S., Nicovich, J. M., Wine, P. H., Wennberg, P. O., On the stratospheric chemistry of hydrogen cyanide, Geophys. Res. Lett., 33, L11806, 10.1029/2006GL026015, 2006.
Kleinböhl, A., Toon, G. C., Sen, B., Blavier, J.-F. L., Weisenstein, D. K., Wennberg, P. O., Infrared measurements of atmospheric CH3CN, Geophys. Res. Lett., 32, L23807, 10.1029/2005GL024283, 2005.
Kleinböhl, A., Bremer, H., Küllmann, H., Kuttippurath, J., Browell, E. V., Canty, T., Salawitch, R. J., Toon, G. C., Notholt, J., Denitrification in the Arctic mid-winter 2004/2005 observed by airborne submillimeter radiometry, Geophys. Res. Lett., 32, L19811, 10.1029/2005GL023408, 2005.
Kleinböhl, A., Kuttippurath, J., Sinnhuber, M., Sinnhuber, B.-M., Küllmann, H., Künzi, K., Notholt, J., Rapid meridional transport of tropical airmasses to the Arctic during the major stratospheric warming in January 2003, Atmos. Chem. Phys., 5, 1291-1299, 2005.
Fix, A., Ehret, G., Flentje, H., Poberaj, G., Gottwald, M., Finkenzeller, H., Bremer, H., Bruns, M., Burrows, J. P., Kleinböhl, A., Küllmann, K., Kuttippurath, J., Richter, A., Wang, P., Heue, K.-P., Platt, U., Pundt, I., Wagner, T., SCIAMACHY validation by aircraft remote sensing: design, execution, and first measurement results of the SCIA-VALUE mission, Atmos. Chem. Phys., 5, 1273-1289, 2005.
Bühler, S. A., Verdes, C. L., Tsujimaru, S., Kleinböhl, A., Bremer, H., Sinnhuber, M., Eriksson, P., Expected performance of the superconducting Submillimeter-Wave Limb Emission Sounder compared with aircraft data, Radio Science, 40, RS3016, 10.1029/2004RS003089, 2005.
Urban, J., Lautie, N., Le Flochmoen, E., Jimenez, C., Eriksson, P., de La Noe, J., Dupuy, E., El Amraoui, L., Frisk, U., Jegou, F., Murtagh, D., Olberg, M., Ricaud, P., Camy-Peyret, C., Dufour, G., Payan, S., Huret, N., Pirre, M., Robinson, A. D., Harris, N. R. P., Bremer, H., Kleinböhl, A., Küllmann, H., Künzi, K., Kuttippurath, J., Ejiri, M., Nakajima, H., Sasano, Y., Sugita, T., Yokota, T., Piccolo, C., Raspollini, P., and Ridolfi, M., Odin/SMR limb observations of stratospheric trace gases: Validation of N2O, J. Geophys. Res., 110, D09301, 10.1029/2004JD005394, 2005.
McKinney, K. A., Wennberg, P. O., Dhaniyala, S., Fahey, D. W., Northway, M. J., Künzi, K. F., Kleinböhl, A., Sinnhuber, M., Küllmann, H., Bremer, H., Mahoney, M. J., Bui, T. P., Trajectory studies of large HNO3-containing PSC particles in the Arctic, Evidence for the role of NAT, Geophys. Res. Lett., 31, L05110, 10.1029/2003GL018430, 2004.
Kleinböhl, A., Bremer, H., von König, M., Küllmann, H., Künzi, K., Goede, A. P. H., Browell, E. V., Grant, W. B., Toon, G. C., Blumenstock, T., Galle, B., Sinnhuber, B.-M., Davies, S., Vortexwide denitrification of the Arctic polar stratosphere in winter 1999/2000 determined by remote observations, J. Geophys. Res., 107, 8305, 10.1029/2001JD001042, 2002 (printed 108, 2003).
Bremer, H., von König, M., Kleinböhl, A., Küllmann, H., K ünzi, K., Bramstedt, K., Burrows, J. P., Eichmann, K.-U., Weber, M., Goede, A. P. H., Ozone depletion observed by ASUR during the Arctic winter 1999/2000, J. Geophys. Res., 107, 8277, 10.1029/2001JD000546, 2002.
Carslaw, K. S., Kettleborough, J., Northway, M. J., Davies, S., Gao, R. S., Fahey, D. W., Baumgardner, D., Chipperfield, M. P., Kleinböhl, A., A vortex-scale simulation of the growth and sedimentation of large nitric acid particles observed during SOLVE/THESEO-2000, J. Geophys. Res., 107, 8300, 10.1029/2001JD000467, 2002.
Rex, M., Salawitch, R. J., Harris, N. R. P., von der Gathen, P., Braathen, G. O., Schulz, A., Deckelman, H., Chipperfield, M., Sinnhuber, B.-M., Reimer, E., Alfier, R., Bevilacqua, R., Hoppel, K., Fromm, M., Lumpe, J., Küllmann, H., Kleinböhl, A., Bremer, H., von König, M., Künzi, K., Toohey, D., Vömel, H., Richard, E., Aikin, K., Jost, H., Greenblatt, J. B., Loewenstein, M., Podolske, J. R., Webster, C. R., Flesch, G. J., Scott, D. C., Herman, R. L., Elkins, J. W., Ray, E. A., Moore, F. L., Hurst, D. F., Romashkin, P., Toon, G. C., Sen, B., Margitan, J. J., Wennberg, P., Neuber, R., Allart, M., Bojkov, B. R., Claude, H., Davies, J., Davies, W., De Backer, H., Dier, H., Dorokhov, V., Fast, H., Kondo, Y., Kyrö, E., Litynska, Z., Mikkelsen, I. S., Molyneux, M. J., Moran, E., Nagai, T., Nakane, H., Parrondo, C., Ravegnani, F., Skrivankova, P., Viatte, P., Yushkov, V., Chemical depletion of Arctic ozone in winter 1999/2000, J. Geophys. Res., 107, 8276, 10.1029/2001JD000533, 2002.
von König, M., Bremer, H., Kleinböhl, A., Küllmann, H., Künzi, K., Goede, A. P. H., Browell, E. V., Grant, W. B., Burris, J. F., McGee, T. J., Twigg, L., Using gas-phase nitric acid as an indicator of PSC composition, J. Geophys. Res., 107, 10.1029/2001JD001041, 2002.
Fahey, D. W., Gao, R. S., Carslaw, K. S., Kettleborough, J., Popp, P. J., Northway, M. J., Holecek, J. C., Ciciora, S. C., McLaughlin, R. J., Thompson, T. L., Winkler, R. H., Baumgardner, D. G., Gandrud, B., Wennberg, P. O., Dhaniyala, S., McKinney, K., Peter, T., Salawitch, R. J., Bui, T. P., Elkins, J. W., Webster, C. R., Atlas, E. L., Jost, H., Wilson, J. C., Herman, R. L., Kleinböhl, A., von König, M., The detection of large HNO3-containing particles in the winter Arctic stratosphere, Science, 291, 1026-1031, 2001.

matches: V. V. V. V. V. V. V. V.


In California, an employment contract of indefinite duration is generally deemed to be at the will of either party (Cal. Lab. Code § 2922). However, the "at will" relationship can be expressly or impliedly modified by the employer. For example, if the employer issues handbooks or other publications to employees which suggest that employees will not terminated or disciplined in accordance with certain procedures, the employee may argue that the employee was wrongfully demoted or terminated if the company fails to follow its own procedures in demoting firing the employee. Similarly, if the employer provides oral assurances of continued employment, the "at will" relationship may found to have been modified, which may require the employer to establish "good cause" prior to terminating the employee. In the legal sense of the phrase as used under California state law, "good cause" means "fair and honest reasons, regulated by good faith on the part of the employer, that are not trivial, arbitrary, or capricious, unrelated to business needs or goals, or pretextual. A reasoned conclusion, in short, supported by substantial evidence gathered through an adequate investigation that includes notice of the claimed misconduct and a chance for the employee to respond." (Cotran v. Rollins Hudig Hall Int'l, Inc. (1998) 17 Cal.4th 93, 108).
California courts have also held that an employer's general right to terminate an "at-will" employee is 'subject to limits imposed by public policy, since otherwise the threat of discharge could be used to coerce employees into committing crimes, concealing wrongdoing, or taking other action harmful to the public weal.' (Collier v. Superior Court (1991) 228 Cal.App.3d 1117, 1121, citing Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654, 655). Thus, an exception to the general at-will employment presumption is made and a tortious wrongful discharge claim will lie where an employer's termination of an employee violates a fundamental public policy, or in other words, where "he or she is discharged for performing an act that public policy would encourage, or for refusing to do something that public policy would condemn." (Gantt v. Sentry Insurance (1992) 1 Cal.4th 1083, 1090; Green v. Ralee Engineering Co. (1998) 19 Cal.4th 66, 79-80; Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167). Therefore, unless the employee has an actual or implied contract with the employer which allows for termination only for cause or other specified reasons, the employer may fire an employee as long as the reasons are not illegal. Sometimes, it takes a skilled attorney to review the facts to determine whether the reasons for termination are illegal.
In proving wrongful termination, a plaintiff must prove either that the termination violated the FEHA or other statute, or that the existence of a "common law" (non-statutory) cause of action as wrongful termination in violation of public policy (see, generally, Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167; Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654, and/or wrongful constructive termination in violation of public policy. (see, Turner v. Anheuser Busch, Inc. (1994) 7 Cal.4th 1238). Such causes of action are in addition to any possible federal causes of action under Title VII, and additionally, the California courts have made it clear that bringing an action under the FEHA does not foreclose bringing an action under the common law based on the same facts; the FEHA and common law actions are complementary, not mutually exclusive. (See eg., Rojo v Kliger, supra, 52 Cal.3d at 73, 82, 89 [holding that the FEHA does not displace any causes of action and remedies that are otherwise available to plaintiffs]).
This case requires us to restate and reaffirm our recent cases explaining what sources may be used to support a Tameny action as an exception to our statutory employment-at-will principle (§ 2922).
In 1984, our Legislature provided "whistleblower" protection in section 1102.5, subdivision (b), stating that an employer may not retaliate against an employee for disclosing a violation of state or federal regulation to a governmental or law enforcement agency. This provision reflects the broad public policy interest in encouraging workplace whistle blowers to report unlawful acts without fearing retaliation. Section 1102.5, subdivision (b), concerns employees who report to public agencies. It does not protect plaintiff, who reported his suspicions directly to his employer. Nonetheless, it does show the Legislature's interest in encouraging employees to report workplace activity that may violate important public policies that the Legislature has stated. The state's whistle blower statute includes administrative regulations as a policy source for reporting an employer's wrongful acts and grants employees protection against retaliatory termination. Thus, our Legislature believes that fundamental public policies embodied in regulations are sufficiently important to justify encouraging employees to challenge employers who ignore those policies.
Our review of the above cases makes clear that wrongful termination cases involving a Tameny cause of action are limited to those claims finding support in an important public policy based on a statutory or constitutional provision. (Stevenson, supra, 16 Cal.4th at pp. 888-890, 66 Cal.Rptr.2d 888, 941 P.2d 1157.) This limitation recognizes an employer's general discretion to discharge an at-will employee without cause under section 2922, and best serves the Legislature's goal to give law-abiding employers broad discretion in making managerial decisions. It also acknowledges the fact that fundamental public policy may be enunciated in administrative regulations that serve the statutory objective. To acknowledge statutorily authorized regulations as evidence of public policy in retaliatory discharge actions is wholly consistent with the rationale for limiting these tort actions set forth in Gantt, supra, 1 Cal.4th at page 1095, 4 Cal.Rptr.2d 874, 824 P.2d 680. [FN6] As noted above, one of the primary reasons for requiring the public policy that gives rise to a wrongful termination action to have "a basis in either constitutional or statutory provisions," is to limit "judicial policymaking" " 'lest [courts] mistake their own predilections for public policy which deserves recognition at law.' " (Ibid.) Contrary to the dissenting opinions, when courts discover public policy in regulations enacted under statutory authority, they are not "mistak [ing] their own predilections for public policy," but rather are recognizing a public policy that the Legislature has formulated and the executive branch has implemented. The question we now address is whether important public safety regulations governing commercial airline safety may provide a basis for declaring a public policy in the context of a retaliatory discharge action.
FN6. To the extent one can read Gantt, supra, 1 Cal.4th at page 1095, 4 Cal.Rptr.2d 874, 824 P.2d 680, to conclude that important administrative regulations implementing fundamental public policies as reflected in their enabling statutes are not "tethered to" legislative enactments, we overrule it. We emphasize, however, that our holding does not include any other potential sources of policy not discussed here or in any of our cases following Gantt.
Wrongful termination cases are fact driven and therefore each case must be carefully and separately analyzed. It is therefore important that the employee keep copies of any letters or phone logs evidence communications with the employer or its management, as well as employee handbooks, and performance evaluations so that a reviewing attorney can better assist in evaluating the potential case.


64-102. Commission; how obtained; bond.
Source:Laws 1919, c. 123, § 1, p. 293; Laws 1921, c. 99, § 2, p. 365; C.S.1922, § 4813; C.S.1929, § 64-101; Laws 1943, c. 136, § 1, p. 468; R.S.1943, § 64-102; Laws 1945, c. 145, § 2, p. 489; Laws 1967, c. 396, § 3, p. 1242; Laws 1988, LB 1030, § 47; Laws 2004, LB 315, § 4.


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Balancing National Security and Data Privacy: A Key Regulatory Challenge in Cyberspace – Deborah Housen-Couriel, Adv.
Balancing national security needs with individual data privacy rights remains a core dilemma at the forefront of rule of law concerns in cyberspace. Recent regulatory initiatives on the part of two major jurisdictions to address the privacy of individuals’ personal data in cyberspace – the European Union and China – serve as a reminder that this is a critical issue in cyberspace governance, and that the stakes are high for getting the balance right. A third key jurisdiction, the United States, may be ripe for reform of its data protection regime in the wake of multiple data breaches in 2017 that were unprecedented in scope, resulting in major financial and reputational losses: these included the Equifax breach in which nearly half of US citizens’ personal data was compromised.
Data privacy rights represent a special form of respect for the human right to privacy. An individual’s right to have his or her personal data – name, telephone number, address, health, physical location, financial information and other such identifiers – protected from use by others without his or her consent is derived from the general right of the individual to privacy. This right has been codified at the international level by, inter alia, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), the European Convention for the Protection of Human Rights and Fundamental Freedoms and a number of other regional human rights treaties. With the advent of the internet and intensive use of the internet by nearly half of the world’s population, the exponential increase in transborder data flows has brought many countries the conclusion that the “…general reference to the right to privacy was no longer considered sufficient to protect individual rights.” Moreover, national and regional jurisdictions interpret and apply data privacy rights in different ways. Thus, in the cyberspace context, the Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations notes that international human rights law applies to cyber-related activities of a state as a matter of lex lata, and that individuals enjoy the same international human rights (such as privacy) with respect to cyber-related activities that they otherwise enjoy. Yet the Manual emphasizes that the regional and national contexts in which these rights are realized must be considered is especially relevant in the cyber context – a central challenge in the enforcement of data protection norms, for example, across jurisdictions.
Thus, data protection regimes on both the international and domestic planes are currently evolving in this new cyberspace context and aiming to balance national security, defense, public welfare and similar “public security” considerations with the protection of personal data privacy in the context of the global, trans-jurisdictional nature of the flow of personal data.
that exhibit an interesting combination of converging modalities and diverging regulatory approaches. The EU’s General Data Protection Regulation (GDPR) and China’s Cybersecurity Law (CCL) both undertook this challenging regulatory task in the current dynamic cyberspace environment. Each regulatory initiative includes updated and explicit data protection regimes that share many similarities regarding the definition of protected personal data, requirement of data subject consent for data use, notification of data breaches, the right to rectification of erroneous data and other safeguards and modalities. On the other hand, the approaches of EU and Chinese regulators to carve out exemptions for security and law enforcement requirements reflect fundamentally different concepts of how this balancing should be implemented.
Setting aside important disparities in both the nature of governance and the understanding of the rule of law in these two regimes, a key point distinguishes between their regulatory strategies: the degree of administrative and constitutional constraints on carve outs for public security considerations. Both data protection regimes permit exemptions from the protection of data subject privacy rights in order to allow governmental authorities to collect personal data that otherwise enjoys a protected status. Yet while the GDPR incorporates within its “exemptions regime” a specific set of constraints setting out the permissible constitutional and administrative law limitations on the fundamental right of individual data privacy (inter alia, necessity, proportionality and fairness); the CCL lacks specific and transparent provisions setting out such limitations on those constraints that are intrinsic to the regulation itself.
In line with the Special Rapporteur’s view, an optimal regulatory balance between the protection of personal data and national security considerations will permit necessary and proportional exceptions to the protection regime. Criteria for swaying the balance away from individual privacy rights will be included in a transparent way within the statutory regime, so that judicial review of national security and other exceptions is feasible and available to data subjects who want to contest carve outs. In our view, both the GDPR and the CCL fall short of the ideal, in our view, although to different degrees.
Nonetheless, these two 2016 initiatives serve to push forward the important regulatory project of protection of data subject rights in a significant way, through the adoption of clear modalities and processes for data protection on an ongoing basis. Although a full engagement on the part of the EU, China and other jurisdictions with the dilemma of balancing data privacy with public security awaits, this common achievement strengthens guarantees for individual data privacy, and the chances for more robust and transparent balancing mechanisms in the long term.
 The funding for relevant research has been generously granted by the Tel Aviv University Blavatnik Interdisciplinary Cyber Research Center.
 Council of Econ. Advisers, The Cost of Malicious Cyber Activity to the U.S. Economy (2018).
 Nuala O’Connor, Council on For. Rel., Reforming the U.S. Approach to Data Protection and Privacy (2018), https://www.cfr.org/report/reforming-us-approach-data-protection.See also Consumer Privacy Protection Act of 2017, H.R. 4081, 115th Cong. (2017).
 See Christopher Kuner, Transborder Data Flows and Data Privacy Law (2013); Lee Andrew Bygrave, Data Privacy Law: An International Perspective (2014); and Lee A. Bygrave, Data Protection Pursuant to the Right to Privacy in Human Rights Treaties, 6 Int’l J.L. & Info. Tech. 247, 284 (1998).
 While definitions of protected personal data vary from jurisdiction to jurisdiction, they generally include any piece of information that can conclusively identify the individual independently or by readily-available cross-referencing. See GDPR art. 4 and CCL art. 76.5, infra notes 16 and 17.
 G.A. Res. 217 (III) A, Universal Declaration of Human Rights, art. 12 (Dec. 10, 1948).
 International Covenant on Civil and Political Rights art. 17, Dec. 16, 1966, 999 U.N.T.S. 171.
 See, i.e., European Convention for the Protection of Human Rights and Fundamental Freedoms, Council of Europe, art. 8, Sept. 3, 1953, 213 U.N.T.S. 221; American Convention on Human Rights art. 11, Nov. 22, 1969, 1144 U.N.T.S. 144; ASEAN Human Rights Declaration, art. 21, Nov. 18, 2012; League of Arab States, Arab Charter on Human Rights, September 15, 1994, art. 17, https://docs.google.com/viewer?url=http%3A%2F%2Fwww.humanrights.se%2Fwp-… League of Arab States, Arab Convention on Combating Information Technology Offences, art. 14, file:///C:/Users/house/Desktop/hu%20conference%20article/ASEAN-Human-Rights-Declaration.pdf.
 Paul de Hert and Vagelis Papakonstantinou, Three Scenarios for International Governance of Data Privacy: Towards an International Data Privacy Organization, Preferably a UN Agency? 9 ISJLP 271 (2013).
 Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations (2d ed. 2017).
 Bygrave, Data protection pursuant to the right to privacy in human rights treaties, supra note 4.
 Samm Sacks, New China Data Privacy Standard Looks More Far-Reaching than GDPR, CSIS Critical Questions, January 29, 2017, https://www.csis.org/analysis/new-china-data-privacy-standard-looks-more….
 Council Regulation 2016/679, of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with Regard to the Processing of Data and on the Free Movement of Such Data, and Repealing Directive 95/46/EC, 2016 O.J. (L 119/1) [hereinafter GDPR].
 Cybersecurity Law (promulgated by the Standing Comm. Nat’l People’s Cong., Nov. 7, 2016, effective June 1, 2017) (China) [hereinafter CCL]; Cybersecurity Law, Nov. 16, 2016, http://www.chinalawtranslate.com/bilingual-2016-cybersecurity-law/?lang=en (unofficial English translation).
 The analysis focuses on the “law on the books” rather than de facto implementation. See the treatment of the “law in the books v. law in practice” issue in the context of personal data protection in Kenneth A. Bamberger & Deirdre K. Mulligan, Privacy on the Books and on the Ground, 63 STAN. L. REV. 247, 295 (2011).
 Report of the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, U.N. Doc. A/HRC/17/27 (May 16, 2011) at 15.

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