The Implicit Takings Jurisprudence of Article 9 of the Uniform Commercial Code

Part I of this Article begins by reasserting that central to the idea of property rights is the legal entitlement to remedies that permits a person to exercise dominion over the specific asset or to exclude the exercise of dominion by others. Next, part I examines the essence of a security interest and demonstrates that it is a protected property interest. Part II sets forth a model of priorities that suggests that although property interests should ordinarily be protected by a property rule, there is something special about a security interest, implying the need for greater contingency and justifying a liability rule for their protection. Although security interests may be contingent, they should rarely be subject to an uncompensated taking. Part III surveys the development and present status of the lapsed perfection doctrine under Article 9 and suggests an alternative formulation that is intended to reflect the valid insights of the model. This part concludes that principles of compensation provide an appropriate guide for determining issues of priority. Finally, part IV briefly discusses other contexts in which application of the model might be helpful. This Article concludes that although subordination of secured claims against a variety of other claimants is inevitable, conflicts must always be resolved by a continual elaboration of the nature of the competing interests. The statutory taking of a security interest without compensation is permitted, but only when the benefits are extremely high relative to the loss of property that results

Relative polynomial closure and monadically Krull monoids of integer-valued polynomials

Let D be a Krull domain and Int(D) the ring of integer-valued polynomials on D. For any f in Int(D), we explicitly construct a divisor homomorphism from [f], the divisor-closed submonoid of Int(D) generated by f, to a finite sum of copies of (N_0,+). This implies that [f] is a Krull monoid. For V a discrete valuation domain, we give explicit divisor theories of various submonoids of Int(V). In the process, we modify the concept of polynomial closure in such a way that every subset of D has a finite polynomially dense subset. The results generalize to Int(S,V), the ring of integer-valued polynomials on a subset, provided S doesn't have isolated points in v-adic topology.Comment: 12 pages; v.2 contains corrections, in that some necessary conditions on those subsets S, for which we consider integer-valued polynomials on subsets, are impose

Extending Immersions into the Sphere

We study the problem to extend an immersed circle f in the 2-dimensional sphere to an immersion of the disc. We analyze existence and uniqueness for this problems in terms of the combinatorial structure of a word assigned to f. Our techniques are based on ideas of Blank who studied the extension problem in case of a planar target

The galactic environment of the Sun

The interstellar cloud surrounding the solar system regulates the galactic environment of the Sun and constrains the physical characteristics of the interplanetary medium. This paper compares interstellar dust grain properties observed within the solar system with dust properties inferred from observations of the cloud surrounding the solar system. Properties of diffuse clouds in the solar vicinity are discussed to gain insight into the properties of the diffuse cloud complex flowing past the Sun. Evidence is presented for changes in the galactic environment of the Sun within the next 10$^4$--10$^6$ years. The combined history of changes in the interstellar environment of the Sun, and solar activity cycles, will be recorded in the variability of the ratio of large- to medium-sized interstellar dust grains deposited onto geologically inert surfaces. Combining data from lunar core samples in the inner and outer solar system will assist in disentangling these two effects.Comment: 30 pages, 2 figures, JGR-Space Physics, in pres

The Class is Greener on the Other Side: How Private Donations to Public Schools Play into Fair Funding

It has been observed that forays into public education finance resemble Russian novels- long, tedious, and everybody dies in the end. On any given day, dozens of news stories describe schools nationwide struggling to make ends meet. And, just as each unhappy family is unhappy in its own way, each underfunded school is underfunded in its own complicated way. Funding for public education comes from many places, chief among them local property taxes, at least historically. States-which bear primary responsibility for administering their education systems-and private litigants have struggled for over sixty years to produce funding formulas that weaken the link between a community\u27s wealth, as measured by property taxes, and the quality of its education. Alongside that trend to develop more equitable public funding, another trend began to emerge, in the form of increased public school reliance on sophisticated private fundraising organizations. Studies show that these organizations are unequally distributed along socioeconomic lines, leading many to conclude that they foster exactly the sort of inequitable public school resources that states have been trying to stifle. Although there is not enough data to claim that this disrupts equitable funding efforts statewide or nationwide, these organizations continue to grow rapidly, and the existing anecdotal evidence of neighboring schools with dramatically different resources is troubling. Calls to prohibit such private donations are also troubling, however, as these donations are well intended and provide schools with necessary resources and community support. Currently, no state-level regulations exist to provide guidance for how private donations might equitably exist within a publicly funded school system. This Note argues that it is time for state legislators to break this silence and proactively determine a statewide protocol for private donations that comports with their state\u27s mission to provide a high quality public education to children from all socioeconomic backgrounds. In doing so, this Note emphasizes that it is critical to avoid characterizing private donations as inherently good or inherently bad because solutions permitting unlimited private donations are as undesirable as solutions that completely eliminate them. State legislators are equipped to find an appropriate point on that spectrum, one which protects the valuable goal of providing public education to all children equitably but does not discourage the valuable benefits of local community support for public education

Extended Self Similarity works for the Burgers equation and why

Extended Self-Similarity (ESS), a procedure that remarkably extends the range of scaling for structure functions in Navier--Stokes turbulence and thus allows improved determination of intermittency exponents, has never been fully explained. We show that ESS applies to Burgers turbulence at high Reynolds numbers and we give the theoretical explanation of the numerically observed improved scaling at both the infrared and ultraviolet end, in total a gain of about three quarters of a decade: there is a reduction of subdominant contributions to scaling when going from the standard structure function representation to the ESS representation. We conjecture that a similar situation holds for three-dimensional incompressible turbulence and suggest ways of capturing subdominant contributions to scaling.Comment: 10 pages, 1 figure, submitted to J. Fluid Mech. (fasttrack

The Solar Galactic Environment

Combined heliosphere-astronomical data and models enrich our understanding both of effects the solar galactic environment might have on the inner heliosphere, and of interstellar clouds. Present data suggest that FeII/DI increases toward the upwind direction of the cluster of interstellar clouds (CLIC) flowing past the Sun. Cloud kinematics and abundances suggest an origin related to a supershell around the Scorpius-Centaurus Association. The solar space trajectory indicates the Sun entered the CLIC gas relatively recently.Comment: 3rd Annual IGPP-UCR Astrophysics Conference: Physics of the Outer Heliosphere [AIP

The Heliosphere---Blowing in the Interstellar Wind

Measurements of the velocity of interstellar HeI inside of the heliosphere have been conducted over the past forty years. These historical data suggest that the ecliptic longitude of the direction of the interstellar flow has increased at an average rate of about 0.19 degrees per year over time. Possible astronomical explanations for these short-term variations in the interstellar gas entering the heliosphere are presented.Comment: Accepted for the proceedings of Solar Wind 1