Regulatory Taking: A Contract Approach

This Article begins by defining the parameters of the fifth amendment\u27s taking clause. The Article then reviews the various tests used in determining whether governmental action constitutes a taking, and discusses the recent Supreme Court decisions within the framework of case law as it has evolved since the Court\u27s 1922 landmark decision, Pennsylvania Coal Co. v. Mahon. Finally, the Article suggests a formula based on well-established contract principles for analyzing the impact of land use regulation on private property interests

Women\u27s Health and Abortion Rights: Whole Woman\u27s Health v Hellerstedt

Nearly a quarter century ago, the Supreme Court asked pro-choice and right-to-life advocates “to end their national division by accepting a common mandate rooted in the Constitution.” Nothing of the sort materialized. If anything, the social and political battles intensified, with states enacting 1074 abortion restrictions. The Court has not considered various appeals in the face of an avalanche of legislation, but on June 27, 2016, it struck down 2 onerous restrictions on physicians and clinics offering abortion services. In Whole Woman’s Health v Hellerstedt, the Court found Texas’s requirements that physicians conducting abortions obtain admitting privileges at local hospitals and that licensed abortion facilities meet the standards of ambulatory surgical centers to be unconstitutional. Stephen Breyer, writing for a 5-3 majority, held that the restrictions failed to offer medical benefits sufficient to justify the burdens on women’s access to abortion. This article explores the implications of Whole Woman’s Health v Hellerstedt for other abortion restrictions that purportedly safeguard women’s health; for access to abortion in Texas and other parts of the country; and for the health, rights, and dignity of women seeking abortion, particularly those who are disproportionately affected by restrictions and other burdens on access. The article includes a table describing state abortion restrictions across the country, together with pending court cases

Welcome to Parks Stewardship Forum: An Introduction to the Journal from the Editors

An overview of Parks Stewardship Forum from the managing editors, published in the inaugural issue of the journal, whose theme is "Climate Change and Protected Places: Adapting to New Realities.

Ethical Deception by Prosecutors

This Comment discusses the Colorado Supreme Court\u27s suspension of Assistant District Attorney Mark Pautler for deceitful conduct in securing the surrender of an axe murderer on a killing spree. Although many thought Pautler\u27s conduct was morally acceptable, disciplinary authorities found that he violated ethical rules governing attorney conduct. Using People v. Pautler as a case study, this Comment sorts through relevant, current interpretations of the ethnics rule and proposes an approach for future analysis

Effect of Wedge-Shaped Deflectors on Flow Fields of Dual-Stream Jets

The effect of wedge-shaped fan flow deflectors on the mean and turbulent flow-fields of dual-stream jets is investigated. Several wedge-shaped deflector concepts were used to create asymmetry in the plume of a dual-stream jet issuing from a scaled down version of the NASA Glenn ‘5BB’ bypass-ratio 8 turbofan nozzle. The deflector configurations comprised internal and external wedges with and without a pylon. Some external wedges incorporated local extensions of the fan nacelle. All the deflectors reduced radial velocity gradients, magnitudes of peak Reynolds stresses, and peak turbulent kinetic energy beneath the jet centerplane, with an increase above the jet centerplane. A correlation was obtained between the maximum radial velocity gradient and the peak turbulent kinetic energy in the dominant noise source region