569 research outputs found
\u3cem\u3eCaveat Emptor\u3c/em\u3e: How the Public Trust Doctrine Impacts the \u3cem\u3ePenn Central\u3c/em\u3e Test and a Beachfront Landownerâs âBundle of Rightsâ
Derived from ancient Justinian and English common law, the âpublic trust doctrineâ vests ultimate and inalienable ownership of certain tracts of land in the state. Many states have incorporated some variation of the public trust doctrine into their statutes, constitutions, or common law. The application of the public trust doctrine, however, has been challenged as constituting a Fifth Amendment regulatory taking of private property under the United States Constitution, giving rise to the need for just compensation. This type of application of the public trust doctrine was at issue in the nearly decade-long saga culminating in the decision of Palazzolo v. State. The case featured an owner of marshland property who sought compensation for Rhode Islandâs denial of his repeated development requests. The Rhode Island Superior Court in Palazzolo ultimately held that the stateâs denial of the landownerâs requests did not constitute a regulatory taking. This Comment analyzes the role that the public trust doctrine played in the courtâs weighing of the various factors in a regulatory takings analysis. Further, this Comment argues that the public trust doctrine, as applied in Palazzolo, represents a tremendously powerful means for states to set aside publically valuable swaths of land, a means capable of withstanding even a constitutional challenge
Sound and Fury, Signifying Nothing: Why Shareholder Suits Are Ineffective to Promote Corporate Response to Climate Change
Climate change has already impacted the planet in a number of ways. Perhaps most apparent, however, is climate changeâs effects on the frequency and intensity of storms, droughts, and other major geologic and weather-related events. Such catastrophic events have also lead to significant loses by individuals and businesses alike. In particular, many corporations in areas most vulnerable to these sorts of catastrophes must adjust their corporate strategies to account and to prepare for the possibility of significant losses of property or business resulting from the effects of climate change. Some corporate boards, however, might be reluctant to take every step possible to protect the corporation against climate change related catastrophes due to the significant cost of doing so. As such, some shareholders might be unnerved by a boardâs inaction on this matter, perhaps resorting to litigation against the board. This Note analyzes the potential success of such a shareholder claim, as well as the alternatives available to a climate-conscious shareholder
Systematics and evolutionary relationships among the herons (Ardeidae).
http://deepblue.lib.umich.edu/bitstream/2027.42/56394/1/MP150.pd
Declaration of Principles & Aims
Report by special Kentucky Educational Association committee charged to draft a Declaration of Principles or a statement of the aims and purposes of the educational forces of the State of Kentucky. The report was adopted unanimously at the annual meeting of KEA.https://digitalcommons.wku.edu/exhibit_2015/1015/thumbnail.jp
UA3/1/4 Declaration of Principles & Aims
Report by special Kentucky Educational Association committee charged to draft a Declaration of Principles or a statement of the aims and purposes of the educational forces of the State of Kentucky. The report was adopted unanimously at the annual meeting of KEA
Economic impact of HIV and antiretroviral therapy on education supply in high prevalence regions.
BACKGROUND: We set out to estimate, for the three geographical regions with the highest HIV prevalence, (sub-Saharan Africa [SSA], the Caribbean and the Greater Mekong sub-region of East Asia), the human resource and economic impact of HIV on the supply of education from 2008 to 2015, the target date for the achievement of Education For All (EFA), contrasting the continuation of access to care, support and Antiretroviral therapy (ART) to the scenario of universal access. METHODOLOGY/PRINCIPAL FINDINGS: A costed mathematical model of the impact of HIV and ART on teacher recruitment, mortality and absenteeism (Ed-SIDA) was run using best available data for 58 countries, and results aggregated by region. It was estimated that (1) The impact of HIV on teacher supply is sufficient to derail efforts to achieve EFA in several countries and universal access can mitigate this. (2) In SSA, the 2008 costs to education of HIV were about half of those estimated in 2002. Providing universal access for teachers in SSA is cost-effective on education returns alone and provides a return of $3.99 on the dollar. (3) The impacts on education in the hyperendemic countries in Southern Africa will continue to increase to 2015 from its 2008 level, already the highest in the world. (4) If treatment roll-out is successful, numbers of HIV positive teachers are set to increase in all the regions studied. CONCLUSIONS/SIGNIFICANCE: The return on investing in care and support is also greater in those areas with highest impact. SSA requires increased investment in teacher support, testing and particularly ART if it is to achieve EFA. The situation for teachers in the Caribbean and East Asia is similar but on a smaller scale proportionate to the lower levels of infection and greater existing access to care and support
A Complete Version of the Glauber Theory for Elementary Atom - Target Atom Scattering and Its Approximations
A general formalism of the Glauber theory for elementary atom (EA) - target
atom (TA) scattering is developed. A second-order approximation of its complete
version is considered in the framework of the optical-model perturbative
approach. A `potential' approximation of a second-order optical model is
formulated neglecting the excitation effects of the TA. Its accuracy is
evaluated within the second-order approximation for the complete version of the
Glauber EA-TA scattering theory.Comment: PDFLaTeX, 10 pages, no figures; an updated versio
8077 HOYLE: A SHORT PERIOD ASTEROID
The main-belt asteroid 8077 Hoyle was observed on 13 nights over a span of 47 days in 2012 April-May. A bimodal synodic period of 2.7454 ± 0.0002 h and an amplitude of 0.20 ± 0.02 mag. were obtained
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