Negotiated Development Denial Meets People\u27s Court: Del Monte Dunes Brings New Wildcards to Exactions Law

The United States Supreme Court Answered YES to the $1.45 million over exaction question for 1999. In City of Monterey v. Del Monte Dunes at Monterey Ltd., a unanimous court extended the scope of compensatory takings review beyond land dedication conditions into the realm of regulatory denial. Justice Kennedy\u27s opinion vitalized the legitimate state interests test from Agins v. City of Tiburon to sustain an inverse condemnation conclusion and damage award to the frustrated developer. A majority of the court also concurred that the trial court may delegate this takings conclusion to the jury under federal civil rights law. The activation of Agins\u27 substantive takings test in such challenges and the prospect of continued lay application of constitutional law to development restrictions add uncertain dimensions to exactions litigation at the millennium. In Del Monte Dunes, the Court also distinguished the instant development denial of an inverse condemnation claim from the land dedication conditions at issue in Dolan v. City of Tigard. This distinction enabled the unanimous Court to uphold the trial verdict based on Agins and avoid elements of the Ninth Circuit\u27s reasoning invoking the Dolan rough proportionality test. Other recent federal and state decisions also decline to extend Dolan\u27s applicability beyond individual land dedication development conditions to other forms of economic exactions. This year\u27s exactions and impact fee report focuses on Del Monte Dunes, namely its effects on negotiated development, trial practice, and on regulatory takings doctrine as defined by judges and juries in civil rights litigation

Negotiated Development Denial Meets People\u27s Court: Del Monte Dunes Brings New Wildcards to Exactions Law

The United States Supreme Court Answered YES to the $1.45 million over exaction question for 1999. In City of Monterey v. Del Monte Dunes at Monterey Ltd., a unanimous court extended the scope of compensatory takings review beyond land dedication conditions into the realm of regulatory denial. Justice Kennedy\u27s opinion vitalized the legitimate state interests test from Agins v. City of Tiburon to sustain an inverse condemnation conclusion and damage award to the frustrated developer. A majority of the court also concurred that the trial court may delegate this takings conclusion to the jury under federal civil rights law. The activation of Agins\u27 substantive takings test in such challenges and the prospect of continued lay application of constitutional law to development restrictions add uncertain dimensions to exactions litigation at the millennium. In Del Monte Dunes, the Court also distinguished the instant development denial of an inverse condemnation claim from the land dedication conditions at issue in Dolan v. City of Tigard. This distinction enabled the unanimous Court to uphold the trial verdict based on Agins and avoid elements of the Ninth Circuit\u27s reasoning invoking the Dolan rough proportionality test. Other recent federal and state decisions also decline to extend Dolan\u27s applicability beyond individual land dedication development conditions to other forms of economic exactions. This year\u27s exactions and impact fee report focuses on Del Monte Dunes, namely its effects on negotiated development, trial practice, and on regulatory takings doctrine as defined by judges and juries in civil rights litigation

A 6.5 GHz-11.5 GHz source using a grid amplifier with a twist reflector

The authors have constructed and tested an oscillator using a grid amplifier with external feedback from a twist reflector. The twist reflector serves two functions; it changes the output polarization to match the input, and its position sets the feedback phase. This permits a wider tuning range than has been possible with previous grid oscillators. The source could be continuously tuned from 8.2 GHz to 11.0 GHz by moving the twist reflector. By moving the polarizer and mirror in the twist reflector independently, a 1.8-to-1 frequency range from 6.5 GHz to 11.5 GHz was achieved. The peak effective radiated power was 6.3 W at 9.9 GHz

A 100-element HBT grid amplifier

A 100-element 10-GHz grid amplifier has been developed. The active devices in the grid are chips with heterojunction-bipolar-transistor (HBT) differential pairs. The metal grid pattern was empirically designed to provide effective coupling between the HBTs and free space. Two independent measurements, one with focusing lenses and the other without, were used to characterize the grid. In each case, the peak gain was 10 dB at 10 GHz with a 3-dB bandwidth of 1 GHz. The input and output return losses were better than 15 dB at 10 GHz. The maximum output power was 450 mW, and the minimum noise figure was 7 dB. By varying the bias, a signal could be amplitude modulated with a modulation index as large as 0.65. Tests show that the grid was quite tolerant of failures-the output power dropped by only 1 dB when 10% of the inputs were detuned. The grid amplifier is a multimode device that amplifies beams of different shapes and angles. Beams with incidence angles up to 30° were amplified with less than a 3-dB drop in gain

Slowing of Magnetic Reconnection Concurrent with Weakening Plasma Inflows and Increasing Collisionality in Strongly Driven Laser-Plasma Experiments

An evolution of magnetic reconnection behavior, from fast jets to the slowing of reconnection and the establishment of a stable current sheet, has been observed in strongly driven, β ≲ 20 laser-produced plasma experiments. This process has been inferred to occur alongside a slowing of plasma inflows carrying the oppositely directed magnetic fields as well as the evolution of plasma conditions from collisionless to collisional. High-resolution proton radiography has revealed unprecedented detail of the forced interaction of magnetic fields and super-Alfvénic electron jets (V[subscript jet] ~ 20V[subscript A]) ejected from the reconnection region, indicating that two-fluid or collisionless magnetic reconnection occurs early in time. The absence of jets and the persistence of strong, stable magnetic fields at late times indicates that the reconnection process slows down, while plasma flows stagnate and plasma conditions evolve to a cooler, denser, more collisional state. These results demonstrate that powerful initial plasma flows are not sufficient to force a complete reconnection of magnetic fields, even in the strongly driven regime.United States. Dept. of Energy (Grant DE-NA0001857)University of Rochester. Laboratory for Laser Energetics (Grant 415935-G)National Laser User’s Facility (Grant DE-NA0002035)University of Rochester. Fusion Science Center (Grant 5-24431

Antigen Load and Viral Sequence Diversification Determine the Functional Profile of HIV-1–Specific CD8+ T Cells

Marcus Altfeld and colleagues suggest that the exhaustion of virus-specific CD8+ T cells during chronic HIV infection likely results from the persistence of antigen

Modelling, Design And Diagnostics For A Photoionised Plasma Experiment

Photoionised plasmas are common in astrophysical environments and new high resolution spectra from such sources have been recorded in recent years by the Chandra and XMM-Newton satellites. These provide a wealth of spectroscopic information and have motivated recent efforts aimed at obtaining a detailed understanding of the atomic-kinetic and radiative characteristics of photoionised plasmas. The Z-pinch facility at the Sandia National Laboratories is the most powerful terrestrial source of X-rays and provides an opportunity to produce photoionised plasmas in a well characterised radiation environment. We present modelling work and experimental design considerations for a forthcoming experiment at Sandia in which X-rays from a collapsing Z-pinch will be used to photoionise low density neon contained in a gas cell. View factor calculations were used to evaluate the radiation environment at the gas cell; the hydrodynamic characteristics of the gas cell were examined using the Helios-CR code, in particular looking at the heating, temperature and ionisation of the neon and the absorption of radiation. Emission and absorption spectra were also computed, giving estimates of spectra likely to be observed experimentally

The science of clinical practice: disease diagnosis or patient prognosis? Evidence about "what is likely to happen" should shape clinical practice.

BACKGROUND: Diagnosis is the traditional basis for decision-making in clinical practice. Evidence is often lacking about future benefits and harms of these decisions for patients diagnosed with and without disease. We propose that a model of clinical practice focused on patient prognosis and predicting the likelihood of future outcomes may be more useful. DISCUSSION: Disease diagnosis can provide crucial information for clinical decisions that influence outcome in serious acute illness. However, the central role of diagnosis in clinical practice is challenged by evidence that it does not always benefit patients and that factors other than disease are important in determining patient outcome. The concept of disease as a dichotomous 'yes' or 'no' is challenged by the frequent use of diagnostic indicators with continuous distributions, such as blood sugar, which are better understood as contributing information about the probability of a patient's future outcome. Moreover, many illnesses, such as chronic fatigue, cannot usefully be labelled from a disease-diagnosis perspective. In such cases, a prognostic model provides an alternative framework for clinical practice that extends beyond disease and diagnosis and incorporates a wide range of information to predict future patient outcomes and to guide decisions to improve them. Such information embraces non-disease factors and genetic and other biomarkers which influence outcome. SUMMARY: Patient prognosis can provide the framework for modern clinical practice to integrate information from the expanding biological, social, and clinical database for more effective and efficient care

Observation of a Reflected Shock in an Indirectly Driven Spherical Implosion at the National Ignition Facility

A 200  μm radius hot spot at more than 2 keV temperature, 1  g/cm[superscript 3] density has been achieved on the National Ignition Facility using a near vacuum hohlraum. The implosion exhibits ideal one-dimensional behavior and 99% laser-to-hohlraum coupling. The low opacity of the remaining shell at bang time allows for a measurement of the x-ray emission of the reflected central shock in a deuterium plasma. Comparison with 1D hydrodynamic simulations puts constraints on electron-ion collisions and heat conduction. Results are consistent with classical (Spitzer-Harm) heat flux.United States. Dept. of Energy (Contract DE-AC52-07NA27344)Brookhaven National Laboratory (Laboratory Directed Research and Development Grant 11-ERD-050