Climate adaptation and the fifth amendment of the United States Constitution: How do adaptation strategies impact regulatory takings claims?

As the impacts and potential of climate change are realized at the governance level, states are moving towards adaptation strategies that include greater regulatory restrictions on development within coastal zones. The purpose of this paper is to outline the impacts of existing and planned regulatory mechanisms on the Fifth Amendment to the United States Constitution, which prevents the government taking of private property for public use without just compensation. A short history of regulatory takings is explained, and the potential legal issues surrounding mitigation and adaptation measures for coastal communities are discussed. The goal is to gain an understanding of the legal issues that must be resolved by governments to effectively deal with regulatory takings claims as coastal mitigation and adaptation plans are implemented. (PDF contains 3 pages)

A Bargaining Model of Holdouts and Takings

The holdout problem is commonly cited as the justification for eminent domain, but the nature of the problem is not well understood. This paper models the holdout problem in a bargaining framework, where a developer seeks to acquire several parcels of land for a large-scale development. We show that in the absence of eminent domain, holdouts are inevitable, threatening costly delay. However, if the developer has the power to use eminent domain to acquire the land from holdouts, all sellers will bargain, thus avoiding delay. An offsetting cost is that owners may negotiate prices below their true value, possibly resulting in excessive transfer of land to the developer.

Tax Motivated Takings

Tax motivated takings are takings by a local government aimed purely at increasing its tax base. Such an action was justified by the Supreme Court's ruling in Kelo v. New London, which allowed the use of eminent domain for a private redevelopment project on the grounds that the project promised spillover public benefits in the form of jobs and taxes. This paper argues that tax motivated takings can lead to inefficient transfers of land for the simple reason that assessed values understate owners' true values. We therefore propose a reassessment scheme that greatly reduces the risk of this sort of inefficiency.

Fracking/Takings

As the use of fracking has spread during the recent oil and gas boom, inevitable conflicts have arisen between industry and its neighbors, particularly as fracking has moved into densely populated urban and suburban areas. Concerned over the impacts of fracking – such as risks to health and safely, diminished property values, air and water pollution, as well as noise, traffic, and other annoyances – many people have demanded a government response. Government regulation of fracking has struggled to catch up, although in recent years many state and local governments have taken steps to reduce the impacts of fracking in their communities. This article focuses on government restrictions in New York and Colorado, two of the key battlegrounds in the fight over fracking. New York recently prohibited fracking across the entire state, after several towns had enacted their own bans. In Colorado, the people have used the ballot initiative process to enact restrictions on fracking directly. The industry has responded not only with public relations spending to improve the fracking’s damaged reputation, but also legal challenges to these efforts to rein in oil and gas development. In addition to suing local governments, often arguing they do not have authority to regulate fracking, industry threatens to bring costly takings claims for compensation due to alleged economic harms. This Article examines the numerous legal and factual issues that should make it difficult for industry to succeed on fracking/takings claims. First, regulation of fracking, even including outright bans, can almost always be defended as necessary to prevent a nuisance or other background principle of law that justifies government regulation. Even if a nuisance defense could be overcome, industry would have difficulty proving that regulation has destroyed all economic value in their property, unless courts take a narrow view of property that would highlight the arbitrary nature of the “denominator problem.” When fracking/takings claims are considered under the default balancing of the Penn Central case, takings are unlikely to be found except in rare outlier cases. Finally, because requiring governments to pay compensation in fracking/takings cases would likely create a windfall for industry, particularly if the oil and gas eventually is extracted in the future, courts should resist the temptation to rule against government restrictions to protect public health, safety, and the environment.

Blurred Lines may be the biggest music copyright case of 2015

The year is still young, but this week a judgement was handed down in what may well be the biggest music case of 2015. Marvin Gaye’s children have won a copyright law suit against Robin Thicke (no stranger to controversy) and Pharrell Williams for the song Blurred Lines. The 2013 hit was found to have infringed Gaye’s musical copyright in Got To Give It Up. A jury in the US awarded damages of nearly US$7.4 million – nearly half of the song’s US$16.6 million takings to date.

"No Encores" The Royal Dublin Society Concert Archive Recitals in Retrospect: 1925-50

A large archive of sources for the RDS classical music recitals is extant in the Society’s Library, Ballsbridge, Dublin. The recitals were established in 1886 for the promotion of chamber music and in order to expose Dublin audiences to the works of the great composers. Extant in the collection are minute books; autographed programmes; newspaper cuttings which include previews, reviews and advertisements; correspondences with artists and agents; promotional material; selections of photographs; records of attendance, artists fees and takings; and volumes of printed music.
This paper will document the organisation, management and occurrence of the RDS classical music recitals for the period 1925 to 1950 and will encompass the opening of the current concert hall (The Members’ Hall, 1925), the Society’s bi-centenary celebrations (1931) and the continuance of the recitals within the context of the Second World War (1939- 45). The paper will examine and analyse the following: networks, repertoire and reception.
The RDS music committee established significant links with many performers and UK-based classical music agents. Recitalists include musicians of international renown; Myra Hess, Isolde Menges, Lili Kraus, Joseph Szigeti, Leon Goossens, Sir Hamilton Harty and The Hallé Orchestra, The Catterall Quartet and many local, Dublin-based musicians; Raidió Éireann Orchestra, Dublin String Orchestra, Dublin Philharmonic Orchestra and Culwick Choral Society. The compromises and collaborations in evidence between the music committee, agents and performers resulted in the presentation of varied and well-balanced programmes featuring sonatas, quartets, trios, concerti, overtures, symphonies and songs by composers including Beethoven, Mozart, Haydn and Brahms. Works by contemporary composers including Bax, Dohnanyi, Szymanowski and Suk were also regularly performed, as were works with an Irish influence or flavour. Audiences mainly consisted of members of the Society, music students were encouraged to attend at a reduced rate and reviews were regularly published in the Irish Times, Irish Independent and Irish Press.

Vol, fraude et autres infractions semblables et Internet

Dans l’espace réel, l’identité d’une personne est clairement circonscrite à l’état civil et pleinement protégée par le droit interne des pays. Alors que dans le cyberespace, les contours de la notion sont plutôt flous, voire incertains. Le développement du commerce électronique et la croissance des transactions en ligne ont donné naissance au « crime » de l’usurpation d’identité. Et si l’usurpation d’identité a pu émerger, c’est grâce à la spécificité du médium, qui s’est avéré un terrain fertile aux abus des usurpateurs d’identité. Ce présent article étudie et analyse la fraude, le vol et l’escroquerie en tant qu’infractions économiques commises dans le cyberespace par le biais du système informatique. Il constate la désuétude et l’inefficacité des infractions prévues dans le droit pénal canadien relativement à l’incrimination du crime de l’usurpation d’identité et propose une solution basée sur des approches réglementaires, législatives et techniques.

Significance of soil microorganisms with special reference to climate change

There are a large number of agronomic-ecological interactions that occur in a world with increasing levels of CO2, higher temperatures and a more variable climate. Climate change and the associated severe problems will alter soil microbial populations and diversity. Soils supply many atmospheric green house gases by performing as sources or sinks. The most important of these gases include CH4, CO2 and N2O. Most of the green house gases production and consumption processes in soil are probably due to microorganisms. There is strong inquisitiveness to store carbon (C) in soils to balance global climate change. Microorganisms are vital to C sequestration by mediating putrefaction and controlling the paneling of plant residue-C between CO2 respiration losses or storage in semi-permanent soil-C pools. Microbial population groups and utility can be manipulated or distorted in the course of disturbance and C inputs to either support or edge the retention of C. Fungi play a significant role in decomposition and appear to produce organic matter that is more recalcitrant and favor long-term C storage and thus are key functional group to focus on in developing C sequestration systems. Plant residue chemistry can influence microbial communities and C loss or flow into soil C pools. Therefore, as research takings to maximize C sequestration for agricultural and forest ecosystems - moreover plant biomass production, similar studies should be conducted on microbial communities that considers the environmental situations

Determinação da velocidade de um objeto, a partir de uma seqüência de imagens, aplicando as equações de colinearidade modificadas

Pós-graduação em Ciências Cartográficas - FCT

Efeito da atividade física no uso de serviços de saúde na atenção primária no município de Rio Claro, SP

Introduction: Physical inactivity is identified as the fourth greatest risk factor of mortality worldwide. Little is known about how physical inactivity alters the demand for use of primary health care services, and it is a subject which demands further investigation. Objective: This study aims to determine the influence that physical activity has on the demand for use of primary health care services. Methods: This is a retrospective and cross-sectional study. The Rio Claro Active Health Program (SARC), studied in this research, is a partnership between the Municipal Health Foundation and Universidade Estadual Paulista Julio de Mesquita Filho (UNESP), represented by the Nucleus of Physical Activity, Sport and Health (NAFES) department of Physical Education and coordinated by Prof. Dr. Eduardo Kokubun. The study was carried out on residents of Rio Claro of both sexes seen at SARC. To assess the influence that physical activity had on the demand of the use of health services a questionnaire was given to participants who had attended the program since 2009. This questionnaire contains questions concerning the level of physical activity, health service use, number of both blood pressure and glucose measurement takings, number of spontaneous and scheduled medical visits, number of medications taken, number of illnesses and hospitalizations, comparing the data found in the previous year and the year after the program began. An informed term of consent was used for research participants. Descriptive analysis was carried out, using frequency, mean, maximum and minimum standard deviation. Results: Active participation in The Rio Claro Active Health program has positively influenced the following variables: perception of health, uncontrolled blood pressure, did not modify the number of diseases, number of medications in general, ...(Complete abstract click electronic access below)

Measurement of the $B^0$ - $\bar{B}^0$ and $B^0_s$ - $\bar{B}^0_s$ production asymmetries in pp collisions at $\sqrt{s}=7$ TeV and $\sqrt{s}=8$ TeV with the LHCb experiment

The production rate of $b$ and $\bar{b}$ hadrons in $pp$ collisions are not expected to be strictly identical, due to imbalance between quarks and anti-quarks in the initial state. This phenomenon can be naively related to the fact that the $\bar{b}$ quark produced in the hard scattering might combine with a $u$ or $d$ valence quark from the colliding protons, whereas the same cannot happen for a $b$ quark. This thesis presents the analysis performed to determine the production asymmetries of $B^0$ and $B^0_s$. The analysis relies on data samples collected by the LHCb detector at the Large Hadron Collider (LHC) during the 2011 and 2012 data takings at two different values of the centre of mass energy $\sqrt{s}=7$ TeV and at $\sqrt{s}=8$ TeV, corresponding respectively to an integrated luminosity of 1 fb$^{-1}$ and of 2 fb$^{-1}$. The production asymmetry is one of the key ingredients to perform measurements of $CP$ violation in b-hadron decays at the LHC, since $CP$ asymmetries must be disentangled from other sources. The measurements of the production asymmetries are performed in bins of $p_\mathrm{T}$ and $\eta$ of the $B$-meson. The values of the production asymmetries, integrated in the ranges $4 < p_\mathrm{T} < 30$ GeV/c and $2.5<\eta<4.5$, are determined to be: \begin{equation} A_\mathrm{P}(\B^0)= (-1.00\pm0.48\pm0.29)\%,\nonumber \end{equation} \begin{equation} A_\mathrm{P}(\B^0_s)= (\phantom{-}1.09\pm2.61\pm0.61)\%,\nonumber \end{equation} where the first uncertainty is statistical and the second is systematic. The measurement of $A_\mathrm{P}(B^0)$ is performed using the full statistics collected by LHCb so far, corresponding to an integrated luminosity of 3 fb$^{-1}$, while the measurement of $A_\mathrm{P}(B^0_s)$ is realized with the first 1 fb$^{-1}$, leaving room for improvement. No clear evidence of dependences on the values of $p_\mathrm{T}$ and $\eta$ is observed. The results presented in this thesis are the most precise measurements available up to date.

Free Riders, Holdouts, and Public Use: A Tale of Two Externalities

Free riders and holdouts are market failures that potentially impede the completion of otherwise beneficial transactions. The key difference is that the free rider problem is a demand side externality that requires taxation to compel payment for a public good, while the holdout problem is a supply side externality that requires eminent domain to force the sale of land for large scale projects. This paper highlights that distinction between these two problems and uses the resulting insights to clarify the meaning of the public use requirement of the Fifth Amendment takings clause.

Problemas sociales y políticas sociales neodesarrollistas : El Programa Familia Argentina

En los últimos años se ha ido consolidando en Latinoamérica una tendencia hacia el reposicionamiento del Estado en los procesos políticos y sociales que derivó en nuevos lineamientos de política pública. Esta temática se vincula con la consideración de la llamada "cuestión social", la que se particulariza en cada época bajo la forma de problemas sociales que constituyen la expresión del modo en que se interroga, interpreta, resuelve, ordena y canaliza dicha cuestión. Por lo tanto, como categoría de análisis, remite a los diferentes modos en que se significan y explican los problemas sociales. El campo político y el de los expertos (o los técnicos) son, por excelencia, campos de producción de problemas sociales, en la medida en que son los que gestionan la cuestión social. De ahí derivan los planes y programas de política social que pone en marcha el Estado. El presente artículo analiza a nivel del discurso -tomando como fuente los documentos oficiales del Ministerio de Desarrollo Social y entrevistas a funcionarios de nivel nacional y provincial- los Programas Sociales del Bicentenario, en particular el Programa Familia Argentina. La pretensión es dar respuesta a las siguientes preguntas: cómo se definen los problemas sociales frente a los cuales las políticas sociales se proponen como solución; cuál es la noción de ciudadanía que subyace en esta propuesta de protección social; y cómo se entiende la inclusión