The Track Record on Takings Legislation: Lessons from Democracy\u27s Laboratories

This report by the Georgetown Environmental Law & Policy Institute, entitled The Track Record on Takings Legislation: Lessons from Democracy\u27s Laboratories, examines the experiences of Florida, Oregon, and several other states with legislation implementing the property rights agenda. The report is the first comprehensive effort to systematically identify and evaluate the on-the-ground consequences of so-called takings compensation laws. The major findings of the report are that the takings agenda has undermined community protections by forcing a roll back of existing legal rules and/or by exerting a chilling effect on new legislative activity, special interests such as developers and timber companies have been the primary beneficiaries of takings legislation, the takings laws have fomented and exacerbated neighbor-neighbor conflicts over land use issues, the takings agenda has conferred large windfalls on certain owners either in the form of taxpayer-funded awards or special exemptions from the rules that apply to the rest of the community, and the property rights agenda has undermined the democratic process. Contrary to a common argument made by proponents of this type of legislation, requiring the government to pay to regulate does not lead government officials to make a more nuanced appraisal of the costs and benefits of regulations, apparently because the salience of fiscal costs to government officials far outweighs the relatively more diffuse political benefits of community and homeowner protection

Regulatory Takings and Resources: What Are the Constitutional Limits?

25 pages

Regulatory Takings and Resources: What Are the Constitutional Limits?

25 pages

Horne v. Department of Agriculture: Expanding Per Se Takings While Endorsing State Sovereign Ownership of Wildlife

In Horne v. Department of Agriculture, the Supreme Court expanded its so-called per se analysis under the Takings Clause to government actions impairing possession of personal property. The Court decided that a New Deal era agricultural program effected a taking by requiring raisin growers to turn over a portion of their crops in certain years to a governmental body that disposes of the raisins in noncompetitive markets. The raisin marketing program, which by law only persists with continuing support from the raisin industry itself, aims to control the market supply of raisins, and thereby elevate and stabilize the prices received by raisin growers. Despite the unusual character of the program, a majority of the Court ruled that certain dissident raisin growers were entitled to prevail on their theory that government appropriations of personal property interests in raisins were governed by the same per se takings rule that applies to government appropriations of real property. The Court\u27s analysis of the takings issue is problematic for a number of reasons , including 1) the fact that these particular plaintiffs, who were proceeding in the capacity of raisin handlers, were not the actual owners of the raisins at issue, and therefore could not legitimately claim a taking of their private property; 2) the Court\u27s modern precedents and traditional practice support the idea that government has broader latitude in controlling personal property than real property, contradicting the Court\u27s new per se rule; 3) there was a substantial question as to whether the program imposed an unconstitutional taking of property without just compensation, given the significant offsetting benefits growers received from this price support system; and 4) the Court failed to give the government the opportunity to defend the conditions imposed on raisin growers by showing that that the conditions satisfied the standards articulated in Nollan v. California Coastal Commission and Dolan v. City of Tigard. Each of these issues provided a proper basis for affirming the Ninth Circuit\u27s rejection of the takings argument. Nevertheless, Chief Justice John Roberts\u27 majority opinion either ignored or skimmed over all these issues and applied a per se takings rule to this context. Figuring out the implications of the Horne decision for drug forfeiture laws, unwholesome food recalls, and animal cruelty statutes has been left to other days and other cases. The Horne decision did include an unexpected result of considerable benefit to government defendants, however: the Court distinguished the raisin marketing program from a similar program involving oysters that it upheld against a takings challenge in a 1929 decision. The Chief Justice explained that, unlike raisins, oysters were public property. The Court thereby ratified the venerable but somewhat misunderstood doctrine of sovereign ownership of wildlife. States employ this doctrine, inherited from England and nearly universally adopted by American states, to uphold wildlife conservation regulations and defeat claims of private ownership. Often referred to as the wildlife trust, the doctrine is the kind of background principle of property law that the Court recognized as defeating claims of takings in its 1992 decision of Lucas v. South Carolina Coastal Commission. In this article we examine the Horne decision in some detail. Although the case does extend the Court\u27s takings jurisprudence to an uncertain extent by applying the per se analysis to personal property, we think the long-term ramifications of the decision lie in the Court\u27s recognition of the sovereign ownership of wildlife. That doctrine not only will defeat private takings claims but should sanction affirmative regulation of wildlife and protection for its habitat, authorize government actions to recover damages against those harming wildlife and wildlife habitat, and reinforce public standing to enforce the wildlife trust

Cauchy problem in spacetimes with closed timelike curves

The laws of physics might permit the existence, in the real Universe, of closed timelike curves (CTC’s). Macroscopic CTC’s might be a semiclassical consequence of Planck-scale, quantum gravitational, Lorentzian foam, if such foam exists. If CTC’s are permitted, then the semiclassical laws of physics (the laws with gravity classical and other fields quantized or classical) should be augmented by a principle of self-consistency, which states that a local solution to the equations of physics can occur in the real Universe only if it can be extended to be part of a global solution, one which is well defined throughout the (nonsingular regions of) classical spacetime. The consequences of this principle are explored for the Cauchy problem of the evolution of a classical, massless scalar field Φ (satisfying □Φ=0) in several model spacetimes with CTC’s. In general, self-consistency constrains the initial data for the field Φ. For a family of spacetimes with traversible wormholes, which initially possess no CTC’s and then evolve them to the future of a stable Cauchy horizon scrH, self-consistency seems to place no constraints on initial data for Φ that are posed on past null infinity, and none on data posed on spacelike slices which precede scrH. By contrast, initial data posed in the future of scrH, where the CTC’s reside, are constrained; but the constraints appear to be mild in the sense that in some neighborhood of every event one is free to specify initial data arbitrarily, with the initial data elsewhere being adjusted to guarantee self-consistent evolution. A spacetime whose self-consistency constraints have this property is defined to be ‘‘benign with respect to the scalar field Φ.’’ The question is posed as to whether benign spacetimes in some sense form a generic subset of all spacetimes with CTC’s. It is shown that in the set of flat, spatially and temporally closed, 2-dimensional spacetimes the benign ones are not generic. However, it seems likely that every 4-dimensional, asymptotically flat space-time that is stable and has a topology of the form R×(S-one point), where S is a closed 3-manifold, is benign. Wormhole spacetimes are of this type, with S=S^1×S^2. We suspect that these types of self-consistency behavior of the scalar field Φ are typical for noninteracting (linearly superposing), classical fields. However, interacting classical systems can behave quite differently, as is demonstrated by a study of the motion of a hard-sphere billiard ball in a wormhole spacetime with closed timelike curves: If the ball is classical, then some choices of initial data (some values of the ball’s initial position and velocity) give rise to unique, self-consistent motions of the ball; other choices produce two different self-consistent motions; and others might (but we are not yet sure) produce no self-consistent motions whatsoever. By contrast, in a path-integral formulation of the nonrelativistic quantum mechanics of such a billiard ball, there appears to be a unique, self-consistent set of probabilities for the outcomes of all measurements. This paper’s conclusion, that CTC’s may not be as nasty as people have assumed, is reinforced by the fact that they do not affect Gauss’s theorem and thus do not affect the derivation of global conservation laws from differential ones. The standard conservation laws remain valid globally, and in asymptotically flat, wormhole spacetimes they retain a natural, quasilocal interpretation

Serum Deprivation of Mesenchymal Stem Cells Improves Exosome Activity and Alters Lipid and Protein Composition

Exosomes can serve as delivery vehicles for advanced therapeutics. The components necessary and sufficient to support exosomal delivery have not been established. Here we connect biochemical composition and activity of exosomes to optimize exosome-mediated delivery of small interfering RNAs (siRNAs). This information is used to create effective artificial exosomes. We show that serum-deprived mesenchymal stem cells produce exosomes up to 22-fold more effective at delivering siRNAs to neurons than exosomes derived from control cells. Proteinase treatment of exosomes stops siRNA transfer, indicating that surface proteins on exosomes are involved in trafficking. Proteomic and lipidomic analyses show that exosomes derived in serum-deprived conditions are enriched in six protein pathways and one lipid class, dilysocardiolipin. Inspired by these findings, we engineer an artificial exosome, in which the incorporation of one lipid (dilysocardiolipin) and three proteins (Rab7, Desmoplakin, and AHSG) into conventional neutral liposomes produces vesicles that mimic cargo delivering activity of natural exosomes