Why Rent Control Is Still a Regulatory Taking

The Supreme Court has repeatedly declared that land-use regulations that fail to substantially advance legitimate state interests violate the Takings Clause of the Fifth Amendment. This standard seems readily applicable to rent control, a policy that has been shown to exacerbate the problems is intended to remedy, and to impose social heavy costs that would not otherwise exist. Nevertheless, the California Supreme Court has declared that it will not strike down rent control under the substantial advancement standard, nor will it apply a heightened level of scrutiny to such regulations. In response to these rulings, California rental property owners have taken their constitutional claims to federal court. In a series of decisions culminating in Cashman v. City of Cotati, the Ninth Circuit has found rent control laws to violate the Takings Clause under a substantial advancement standard. One of these cases, Lingle v. Chevron, USA, was accepted for review by the United States Supreme Court in October, 2004. The outcome of this case will have major ramifications for rent control and regulatory takings law in the 21st century

Knick and the Elephant in the Courtroom: Who Cares Least About Property Rights?

In Knick v. Township of Scott, the Supreme Court corrected one of the most egregious and inexplicable blunders of its 230-year history. For more than three decades, plaintiffs who alleged a violation of the Takings Clause by state or local governments were barred from suing for compensation in federal court. The source of this prohibition was Justice Blackmun’s 1985 opinion in Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City—a decision that most scholars and practitioners believe rested on a fundamental misunderstanding of both constitutional text and legal procedure

Molecular gas in extreme star-forming environments: the starbursts Arp220 and NGC6240 as case studies

We report single-dish multi-transition measurements of the 12^CO, HCN, and HCO^+ molecular line emission as well as HNC J=1-0 and HNCO in the two ultraluminous infra-red galaxies Arp220 and NGC6240. Using this new molecular line inventory, in conjunction with existing data in the literature, we compiled the most extensive molecular line data sets to date for such galaxies. The many rotational transitions, with their different excitation requirements, allow the study of the molecular gas over a wide range of different densities and temperatures with significant redundancy, and thus allow good constraints on the properties of the dense gas in these two systems. The mass (~(1-2) x 10^10 Msun) of dense gas (>10^5-6 cm^-3) found accounts for the bulk of their molecular gas mass, and is consistent with most of their IR luminosities powered by intense star bursts while self-regulated by O,B star cluster radiative pressure onto the star-forming dense molecular gas. The highly excited HCN transitions trace a gas phase ~(10-100)x denser than that of the sub-thermally excited HCO^+ lines (for both galaxies). These two phases are consistent with an underlying density-size power law found for Galactic GMCs (but with a steeper exponent), with HCN lines tracing denser and more compact regions than HCO^+. Whether this is true in IR-luminous, star forming galaxies in general remains to be seen, and underlines the need for observations of molecular transitions with high critical densities for a sample of bright (U)LIRGs in the local Universe -- a task for which the HI-FI instrument on board Herschel is ideally suited to do.Comment: 38 pages (preprint ApJ style), 3 figures, accepted for Ap

Hormone mediated dispersal and sexual maturation in males of the social paper wasp Polistes lanio

Sex-biased dispersal is common in social species, but the dispersing sex may delay emigration if associated benefits are not immediately attainable. In the social Hymenoptera (ants, some bees and wasps), newly emerged males typically disperse from the natal nest whilst most females remain as philopatric helpers. However, little information exists on the mechanisms regulating male dispersal. Furthermore, the conservation of such mechanisms across the Hymenoptera and any role of sexual maturation are also relatively unknown. Through field observations and mark–recapture, we observed that males of the social paper wasp Polistes lanio emerge from pupation sexually immature, and delay dispersal from their natal nest for up to 7 days whilst undergoing sexual maturation. Delayed dispersal may benefit males by allowing them to mature in the safety of the nest and thus be more competitive in mating. We also demonstrate that both male dispersal and maturation are associated with juvenile hormone (JH), a key regulator of insect reproductive physiology and behaviour, which also has derived functions regulating social organisation in female Hymenoptera. Males treated with methoprene (a JH analogue) dispersed earlier and possessed significantly larger accessory glands than their age-matched controls. These results highlight the wide role of JH in social hymenopteran behaviour, with parallel ancestral functions in males and females, and raise new questions on the nature of selection for sex-biased dispersal

New Observations and a New Interpretation of CO(3--2) in IRAS F10214+4724

New observations with the IRAM interferometer of CO(3--2) from the highly luminous galaxy IRAS F10214+4724 show the source is 1.5'' x <= 0.9'' ; they display no evidence of any velocity gradient. This size, together with optical and IR data that show the galaxy is probably gravitationally lensed, lead to a new model for the CO distribution. In contrast to many lensed objects, we have a good estimate of the intrinsic CO and far IR surface brightnesses, so we can derive the CO and far IR/sub-mm magnifications. The CO is magnified 10 times and has a true radius of 400 pc. and the far IR is magnified 13 times and has a radius of 250 pc. The true far IR luminosity is 4 to 7e12 Lsun and the molecular gas mass is 2e10 Msun . This is nearly an order of magnitude less than previously estimated. Because the far IR magnification is lower than the mid and near IR magnification, the intrinsic spectral energy distribution now peaks in the far infrared. That is, nearly all of the energy of this object is absorbed and re-emitted in the far infrared. In CO luminosity, molecular gas content, CO linewidth, and corrected far IR luminosity, 10214+472 is a typical, warm, IR ultraluminous galaxy.Comment: 18 pages, including 3 figures, of gzipped, uuencoded postscript. To be published Ap.J. Letter

The Molecular Interstellar Medium in Ultraluminous Infrared Galaxies

We present CO observations of a large sample of ultraluminous IR galaxies out to z = 0.3. Most of the galaxies are interacting, but not completed mergers. All but one have high CO(1-0) luminosities, log(Lco [K-km/s-pc^2]) = 9.92 +/- 0.12. The dispersion in Lco is only 30%, less than that in the FIR luminosity. The integrated CO intensity correlates Strongly with the 100 micron flux density, as expected for a black body model in which the mid and far IR radiation are optically thick. We use this model to derive sizes of the FIR and CO emitting regions and the enclosed dynamical masses. Both the IR and CO emission originate in regions a few hundred parsecs in radius. The median value of Lfir/Lco = 160 Lsun/(K-km/s-pc^2), within a factor of two of the black body limit for the observed FIR temperatures. The entire ISM is a scaled up version of a normal galactic disk with densities a factor of 100 higher, making even the intercloud medium a molecular region. Using three different techniques of H2 mass estimation, we conclude that the ratio of gas mass to Lco is about a factor of four lower than for Galactic molecular clouds, but that the gas mass is a large fraction of the dynamical mass. Our analysis of CO emission reduces the H2 mass from previous estimates of 2-5e10 Msun to 0.4-1.5e10 Msun, which is in the range found for molecular gas rich spiral galaxies. A collision involving a molecular gas rich spiral could lead to an ultraluminous galaxy powered by central starbursts triggered by the compression of infalling preexisting GMC's.Comment: 34 pages LaTeX with aasms.sty, 14 Postscript figures, submitted to ApJ Higher quality versions of Figs 2a-f and 7a-c available by anonymous FTP from ftp://sbast1.ess.sunysb.edu/solomon/

First Season QUIET Observations: Measurements of Cosmic Microwave Background Polarization Power Spectra at 43 GHz in the Multipole Range 25 ≤ ℓ ≤ 475

The Q/U Imaging ExperimenT (QUIET) employs coherent receivers at 43 GHz and 94 GHz, operating on the Chajnantor plateau in the Atacama Desert in Chile, to measure the anisotropy in the polarization of the cosmic microwave background (CMB). QUIET primarily targets the B modes from primordial gravitational waves. The combination of these frequencies gives sensitivity to foreground contributions from diffuse Galactic synchrotron radiation. Between 2008 October and 2010 December, over 10,000 hr of data were collected, first with the 19 element 43 GHz array (3458 hr) and then with the 90 element 94 GHz array. Each array observes the same four fields, selected for low foregrounds, together covering ≈1000 deg^2. This paper reports initial results from the 43 GHz receiver, which has an array sensitivity to CMB fluctuations of 69 μK√s. The data were extensively studied with a large suite of null tests before the power spectra, determined with two independent pipelines, were examined. Analysis choices, including data selection, were modified until the null tests passed. Cross-correlating maps with different telescope pointings is used to eliminate a bias. This paper reports the EE, BB, and EB power spectra in the multipole range ℓ = 25-475. With the exception of the lowest multipole bin for one of the fields, where a polarized foreground, consistent with Galactic synchrotron radiation, is detected with 3σ significance, the E-mode spectrum is consistent with the ΛCDM model, confirming the only previous detection of the first acoustic peak. The B-mode spectrum is consistent with zero, leading to a measurement of the tensor-to-scalar ratio of r = 0.35^(+1.06)_(–0.87). The combination of a new time-stream "double-demodulation" technique, side-fed Dragonian optics, natural sky rotation, and frequent boresight rotation leads to the lowest level of systematic contamination in the B-mode power so far reported, below the level of r = 0.1

Stability of the Submillimeter Brightness of the Atmosphere Above Mauna Kea, Chajnantor and the South Pole

The summit of Mauna Kea in Hawaii, the area near Cerro Chajnantor in Chile, and the South Pole are sites of large millimeter or submillimeter wavelength telescopes. We have placed 860 GHz sky brightness monitors at all three sites and present a comparative study of the measured submillimeter brightness due to atmospheric thermal emission. We report the stability of that quantity at each site.Comment: 6 figure