Determining Ripeness of Substantive Due Process Claims Brought by Landowners Against Local Governments

Landowners who sustain economic harm from arbitrary and capricious applications of land use regulations may sue the local government entities responsible for applying those regulations under 42 U.S.C. § 1983, alleging that the local government entities deprived them of substantive due process in violation of the Fourteenth Amendment. A landowner who brings this claim - an as-applied arbitrary and capricious substantive due process claim - may in appropriate cases seek declaratory and injunctive relief, damages, and attorney\u27s fees. Despite controversy among courts and commentators over both the definition of property interests protected by the Due Process Clause and the standard of conduct required of local governments under that clause, the as-applied substantive due process claim can serve as an effective weapon for landowners who seek redress for alleged arbitrary and capricious behavior by local governments. Moreover, like other constitutional claims available to landowners, substantive due process claims potentially increase the litigation costs and exposure to liability of local governments and their individual agents who seek to implement land use regulations. However, the effectiveness of the substantive due process claim as a check on arbitrary government regulation and the related increase in costs imposed upon local governments by the claim largely depend upon when federal courts find the claim ripe for judicial review. The ripeness doctrine, as utilized by courts in the land use context, requires that local governments have one or more opportunities to apply regulations to the properties of landowners before being held liable for arbitrary and capricious behavior in federal court. As a result, a court\u27s approach to determining ripeness has significant practical consequences for local governments and landowners. An underdeveloped ripeness standard - one that allows landowners to quickly bypass local processes to sue in federal court - likely increases the exposure to liability and litigation costs of local governments and individual government agents. Consequently land use regulators will become more timid in applying and enforcing regulations. Hence, an underdeveloped ripeness standard may hinder efforts by local governments to perform regulatory functions that are vital to the health and safety of communities and the protection of the environment

The Reality of Algorithm Agility:Studying the DNSSEC Algorithm Life-Cycle

The DNS Security Extensions (DNSSEC) add data origin authentication and data integrity to the Domain Name System (DNS), the naming system of the Internet. With DNSSEC, signatures are added to the information provided in the DNS using public key cryptography. Advances in both cryptography and cryptanalysis make it necessary to deploy new algorithms in DNSSEC, as well as deprecate those with weakened security. If this process is easy, then the protocol has achieved what the IETF terms "algorithm agility". In this paper, we study the lifetime of algorithms for DNSSEC. This includes: (i) standardizing the algorithm, (ii) implementing support in DNS software, (iii) deploying new algorithms at domains and recursive resolvers, and (iv) replacing deprecated algorithms. Using data from more than 6.7 million signed domains and over 10,000 vantage points in the DNS, combined with qualitative studies, we show that DNSSEC has only partially achieved algorithm agility. Standardizing new algorithms and deprecating insecure ones can take years. We highlight the main barriers for getting new algorithms deployed, but also discuss success factors. This study provides key insights to take into account when new algorithms are introduced, for example when the Internet must transition to quantum-safe public key cryptography

Interval type-2 intuitionistic fuzzy logic systems - a comparative evaluation

Several fuzzy modeling techniques have been employed for handling uncertainties in data. This study presents a comparative evaluation of a new class of interval type-2 fuzzy logic system (IT2FLS) namely: interval type-2 intuitionistic fuzzy logic system (IT2IFLS) of Takagi Sugeno-Kang (TSK)-type with classical IT2FLS and its type-1 variant (IFLS). Simulations are conducted using a real-world gas compression system (GCS) dataset. Study shows that the performance of the proposed framework with membership functions (MFs) and non-membership functions (NMFs) that are each intervals is superior to classical IT2FLS with only MFs (upper and lower) and IFLS with MFs and NMFs that are not intervals in this problem domain

Type-2 fuzzy linear systems

Fuzzy Linear Systems (FLSs) are used in practical situations where some of the systems parameters or variables are uncertain. To date, investigations conducted on FLSs are restricted to those in which the uncertainty is assumed to be modeled by Type-1 Fuzzy Sets (T1FSs). However, there are many situations where considering the uncertainty as T1FSs may not be possible due to different interpretations of experts about the uncertainty. Moreover, solutions of FLSs are T1FSs which do not provide any information about a measure of the dispersion of uncertainty around the T1FSs. Therefore, in this research a model of uncertain linear equations system called a type-2 fuzzy linear system is presented to overcome the shortcomings. The uncertainty is represented by a special class of type-2 fuzzy sets – triangular perfect quasi type-2 fuzzy numbers. Additionally, conditions for the existence of a unique type–2 fuzzy solution to the linear system are derived. A definition of a type-2 fuzzy solution is also given. The applicability of the proposed model is illustrated using examples in the pulp and paper industry, and electrical engineering

Maximum gradient embeddings and monotone clustering

Let (X,d_X) be an n-point metric space. We show that there exists a distribution D over non-contractive embeddings into trees f:X-->T such that for every x in X, the expectation with respect to D of the maximum over y in X of the ratio d_T(f(x),f(y)) / d_X(x,y) is at most C (log n)^2, where C is a universal constant. Conversely we show that the above quadratic dependence on log n cannot be improved in general. Such embeddings, which we call maximum gradient embeddings, yield a framework for the design of approximation algorithms for a wide range of clustering problems with monotone costs, including fault-tolerant versions of k-median and facility location.Comment: 25 pages, 2 figures. Final version, minor revision of the previous one. To appear in "Combinatorica

Using level-2 fuzzy sets to combine uncertainty and imprecision in fuzzy regions

In many applications, spatial data need to be considered but are prone to uncertainty or imprecision. A fuzzy region - a fuzzy set over a two dimensional domain - allows the representation of such imperfect spatial data. In the original model, points of the fuzzy region where treated independently, making it impossible to model regions where groups of points should be considered as one basic element or subregion. A first extension overcame this, but required points within a group to have the same membership grade. In this contribution, we will extend this further, allowing a fuzzy region to contain subregions in which not all points have the same membership grades. The concept can be used as an underlying model in spatial applications, e.g. websites showing maps and requiring representation of imprecise features or websites with routing functions needing to handle concepts as walking distance or closeby

Slicing Strategies for the Generalised Type-2 Mamdani Fuzzy Inferencing System

The final publication is available at Springer via http://dx.doi.org/[insert DOI]".As a three-dimensional object, there are a number of ways of slicing a generalised type-2 fuzzy set. In the context of the Mamdani Fuzzy Inferencing System, this paper concerns three accepted slicing strategies, the vertical slice, the wavy slice, and the horizontal slice or alpha -plane. Two ways of de ning the generalised type-2 fuzzy set, vertical slices and wavy slices, are presented. Fuzzi cation and inferencing is presented in terms of vertical slices. After that, the application of all three slicing strategies to defuzzi cation is described, and their strengths and weaknesses assessed

Interval type-2 fuzzy modelling and stochastic search for real-world inventory management

Real-world systems present a variety of challenges to the modeller, not least of which is the problem of uncertainty inherent in their operation. In this research, an interval type-2 fuzzy model is applied to a real-world problem, the goal being to discover a suitable optimisation configuration to enable a search for an inventory plan using the model. To this end, a series of simulated annealing configurations and the interval type-2 fuzzy model were used to search for appropriate inventory plans for a large-scale real-world problem. A further set of tests were conducted in which the performance of the interval type-2 fuzzy model was compared with a corresponding type-1 fuzzy model. In these tests the results were inconclusive, though, as will be discussed there are many ways in which type-2 fuzzy logic can be exploited to demonstrate its advantages over a type-1 approach. To conclude, in this research we have shown that a combination of interval type-2 fuzzy logic and simulated annealing is a logical choice for inventory management modelling and inventory plan search, and propose that the benefits that a type-2 model offers, can make it preferable to a corresponding type-1 system

What can patients do to facilitate shared decision making? A qualitative study of patients with depression or schizophrenia and psychiatrists

Purpose Patient involvement in decision making is endorsed by patients and professionals. While research has recently been conducted on how professionals can promote shared decision making (SDM), little is known about how patients can also facilitate SDM. Methods Seven focus groups were conducted: 3 with psychiatrists and 4 with patients with schizophrenia or depression. The focus groups were transcribed and independently coded line by line by 2 researchers. Data were analyzed using content analysis. Results Seven themes related to patient attitudes and behaviors were identified: honesty and openness with one’s psychiatrist and oneself, trust in one’s psychiatrist and patience with the treatment, respect and politeness, informing the psychiatrist and giving feedback, engagement/active participation during the consultation, gathering information/preparing for the consultation and implementing decisions. Barriers (e.g., avolition, lack of decisional capacity, powerlessness during involuntary treatment) and facilitators of active patient behavior were also identified. Conclusions There are various ways in which patients can facilitate SDM/play a more active role in decision making, with patients emphasizing being open and honest and psychiatrists emphasizing being active in the consultation. Interventions to increase active patient behavior may enhance SDM in mental health care