Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency: The Reemergence of Penn Central and a Healthy Reluctance to Craft Per Se Regulatory Takings Rules

In Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, the Supreme Court held that a moratorium on development imposed during the process of devising a comprehensive land use plan did not constitute a per se taking of property requiring compensation under the Takings Clause of the United States Constitution. The scope of Tahoe-Sierra, and thus its ultimate impact on Supreme Court takings jurisprudence, had been severely narrowed and redefined by the courts since the landowners first alleged a taking over fifteen years before the issue was ultimately decided by the Supreme Court. It is important to note that this decision focused solely on Tahoe-Sierra Preservation Council\u27s (the landowners) facial challenge to two consecutive moratoria lasting for a period of thirty-two months, enacted by the Tahoe Regional Planning Agency (TRPA) during a planning process mandated by the States of Nevada and California. Recognizing Oliver Wendell Holmes\u27s now famous declaration that “while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking,” the Court in this case rejected a per se takings approach *545 for regulations that temporarily reduce the value of property to zero. Instead, the Court reaffirmed the precedent of having “‘generally eschewed’ any set formula for determining how far is too far,” and chose instead to engage in an “‘essentially ad hoc, factual inquir [y].”’ Accordingly, the Court found that the circumstances in this case are best analyzed by using the balancing test within the Penn Centralframework. Tahoe-Sierra presented the Court with the opportunity to clarify the increasingly muddy waters of federal takings law, especially that of temporary regulatory takings. Instead, the unique set of facts pertinent to this case and the Court\u27s reluctance to go far beyond its now narrowed decision in First English Evangelical Lutheran Church v. County of Los Angeles has resulted in members of the planning and development communities professing wildly different interpretations, and the flurry of commentary published after the decision had both sides claiming partial victory. This Note focuses on what, if any, guidance the Court\u27s decision gives to governments and planning professionals in fashioning moratoria to gain time to “put [their] house in order ... [and] adopt necessary controls or build needed infrastructure.

Some Model Amendments to Maine (and other States\u27) Land Use Control Legislation

This model legislation consisting of ten separate provisions is intended to clarify and/or expand existing Maine law dealing with planning and land use regulation. It expands existing statutes by addressing a number of issues not presently covered by law. The overarching purpose of the proposed legislation is to underscore that planning and the imposition of land use regulations is not exclusively the responsibility of local governments but instead is a shared duty of the state and local governments. This is clearly stated in the text and commentary of Provision I, and is a theme that pervades all ten legislative proposals. Secondarily, Provision I and those that follow make clear that it is the State with its resources and larger geographical reach that is in the best position to assure that comprehensive plans and land use regulations are consistent, fair, and applied in a manner that protects and balances the rights and interests of all Maine citizens

A distinctive new species of flowerpecker (Passeriformes: Dicaeidae) from Borneo

The enigmatic ‘Spectacled Flowerpecker’—a probable new bird species from the island of Borneo—was first sighted in the Danum Valley of Sabah, Malaysia in 2009. However, the absence of a holotype specimen has prevented its formal scientific description. Since then only a handful of reports from widely disparate localities across the island have emerged, all from lowland sites and often in close association with fruiting mistletoe. Here, we report the long-awaited capture of a specimen of this putative new species and confirm its morphological and molecular distinctiveness as a novel species in the genus Dicaeum

Expansion of a novel population of NK cells with low ribosome expression in juvenile dermatomyositis

Juvenile dermatomyositis (JDM) is a pediatric autoimmune disease associated with characteristic rash and proximal muscle weakness. To gain insight into differential lymphocyte gene expression in JDM, peripheral blood mononuclear cells from 4 new-onset JDM patients and 4 healthy controls were sorted into highly enriched lymphocyte populations for RNAseq analysis. NK cells from JDM patients had substantially greater differentially expressed genes (273) than T (57) and B (33) cells. Upregulated genes were associated with the innate immune response and cell cycle, while downregulated genes were associated with decreased ribosomal RNA. Suppressed ribosomal RNA in JDM NK cells was validated by measuring transcription and phosphorylation levels. We confirmed a population of low ribosome expressing NK cells in healthy adults and children. This population of low ribosome NK cells was substantially expanded in 6 treatment-naïve JDM patients and was associated with decreased NK cell degranulation. The enrichment of this NK low ribosome population was completely abrogated in JDM patients with quiescent disease. Together, these data suggest NK cells are highly activated in new-onset JDM patients with an increased population of low ribosome expressing NK cells, which correlates with decreased NK cell function and resolved with control of active disease

Taxonomy and structure of the Romanian personality lexicon

We identified 1746 personality-relevant trait-adjectives in a Romanian dictionary, of which 412 were classified as descriptors of dispositions by 10 judges. Self-ratings were collected from 515 participants on those 412 adjectives, and the ratings were factored using principal components analysis. Solutions with different numbers of factors were analysed. The two- and three-factor solutions, respectively, confirmed the Big Two and Big Three of personality traits. A five-factor solution reflected the Big Five model with a fifth factor emphasising Rebelliousness versus Conventionality. The five-factor solution was related to the International Personality Item Pool-Big Five scales, and the highest correlations were indeed between the corresponding factors and scales. A six-factor solution was indicative of the six-factor model as expressed in the HEXACO model, yet with a weak Honesty-Humility factor. Additional analysis with self-ratings from 218 participants on marker-scales for the six-factor solution and on the six scales of the HEXACO did not produce a clear one-to-one correspondence between the two sets of scales, confirming indeed that the six-factor model was only partially found

Hand-held lactate analyzer as a tool for the real-time measurement of blood lactate during slaughter and pork quality prediction

A total of 600 pigs was randomly chosen on arrival at a commercial slaughter plant and sampled for lactate analysis from the ear vein using a Lactate Scout Analyzer (LSA) at unloading (UN), after lairage (LA), in the restrainer (RE; before stunning), and from the ear vein (EX1) and the bleeding incision (EX2) at exsanguination. Pigs were distributedinto two pen groups, one kept in lairage overnight (G1) and the other kept between 2 and 3 h before slaughter (G2).Meat quality was assessed in the Longissimus dorsi(LD), Semimembranosus (SM) and Adductor(AD) muscles. Data were analyzed using Spearman correlations and the MIXED procedure of SAS. Greater (P=0.009) levels of blood lactate were found in pigs laired longer, which resulted in LD and SM muscles with greater pHu (P=0.03 and P=0.001, respectively), as well as lower L* (P=0.005and P=0.008, respectively)and drip loss (P=0.01 and P=0.02, respectively). The greatest correlation with lactate levels was observed at LA with pHu value of the SM and AD muscles (r=0.40; P<0.001). LSA lactate levels reliably reflect the physiological response of pigs to preslaughter procedures and may help explain the variation in pork quality as measured in the ham muscles

Reliance on Cox10 and oxidative metabolism for antigen-specific NK cell expansion

Natural killer (NK) cell effector functions are dependent on metabolic regulation of cellular function; however, less is known about in vivo metabolic pathways required for NK cell antiviral function. Mice with an inducible NK-specific deletion of Cox10, which encodes a component of electron transport chain complex IV, were generated to investigate the role of oxidative phosphorylation in NK cells during murine cytomegalovirus (MCMV) infection. Ncr1-Cox1