15,669 research outputs found
The Puzzle of the Constitutional Home
The home enjoys a special place in American constitutional law. A doctrinal thread runs across the first five amendments that demarcates the home as a realm in which rights enjoy elevated protection. That thread covers rights involving smut, guns, soldiers, searches, and self-incrimination, but inexplicably does not extend to takings. This stark dichotomy between the solicitude of the home for most rights and the opposite for takings produces a deep puzzle.This Article contends that the answer to this fundamental puzzle is that the Court’s takings doctrine, unlike the home-centric doctrines in the Bill of Rights, is infected with post-Lochner v. New York judicial deference to economic regulation. This has influenced the Court’s aversion to a special protections doctrine to homes under the Takings Clause. This Article argues that, as a matter of constitutional coherence theory, which prizes doctrinal symmetry and harmony, the Court should, in limited circumstances, extend the home-centric thread to protect homes in takings that expropriate title to or impact the economic value of homes.This Article also grapples with several broader methodological, doctrinal, and theoretical implications. First, the Court consistently applies atextual methods of interpretation of the home. Second, this atextual interpretive pattern of influence supports this Article’s proposition that the home-centric doctrinal thread should extend to takings. Finally, a congruent home-centric Bill of Rights that extends to takings aligns neatly with constitutional coherence theory
Modulation of Negative Work Output from a Steering Muscle of the Blowfly Calliphora Vicina
Of the 17 muscles responsible for flight control in flies, only the first basalar muscle (b1) is known to fire an action potential each and every wing beat at a precise phase of the wing-beat period. The phase of action potentials in the b1 is shifted during turns, implicating the b1 in the control of aerodynamic yaw torque. We used the work loop technique to quantify the effects of phase modulation on the mechanical output of the b1 of the blowfly Calliphora vicina. During cyclic length oscillations at 10 and 50 Hz, the magnitude of positive work output by the b1 was similar to that measured previously from other insect muscles. However, when tested at wing-beat frequency (150 Hz), the net work performed in each cycle was negative. The twitch kinetics of the b1 suggest that negative work output reflects intrinsic specializations of the b1 muscle. Our results suggest that, in addition to a possible role as a passive elastic element, the phase-sensitivity of its mechanical properties may endow the b1 with the capacity to modulate wing-beat kinematics during turning maneuvers
EVOLUTION OF IR-SELECTED GALAXIES IN Z~0.4 CLUSTERS
Wide-field optical and near--IR () imaging is presented for two rich
galaxy clusters: Abell~370 at and Abell~851 (Cl0939+47) at .
Galaxy catalogs selected from the near--IR images are 90\% complete to
approximately 1.5 mag below resulting in samples with 100
probable member galaxies per cluster in the central 2 Mpc. Comparison
with WFPC images yields subsamples of 70 galaxies in each cluster
with morphological types. Analysis of the complete samples and the
subsamples shows that the E/S0s are bluer than those in the Bower
et al.\ (1992) Coma sample in the optical color by ~mag for Abell~370
and by ~mag for Abell~851. If real, the bluing of the E/S0 populations at
moderate redshift is consistent with that calculated from the Bruzual and
Charlot (1993) models of passive elliptical galaxy evolution. In both clusters
the intrinsic scatter of the known E/S0s about their optical color--mag
relation is small ( mag) and not significantly different from that
of Coma E/S0s as given by Bower et al.\ (1992), indicating that the galaxies
within each cluster formed at the same time at an early epoch.Comment: uuencoded gzipped tar file containing latex files of manuscript (42
pages) plus tables (9 pages); figures available by anonymous ftp at
ftp://ipac.caltech.edu//pub/pickup/sed ; accepted for publication in the Ap
The K-selected Butcher-Oemler Effect
[abridged] We investigate the Butcher-Oemler effect in a sample of K-selected
galaxies in 33 clusters at 0.15 < z < 0.92. We attempt to duplicate the
original Butcher-Oemler analysis as closely as possible given the
characteristics of our data. We find that the infrared selected blue fractions
are lower than those measured in the optical and that the trend with redshift
is much weaker. Comparison with optical data in clusters in common with Butcher
& Oemler (1984) shows that infrared selection is the primary difference between
our study and optically selected samples. We suggest that the Butcher-Oemler
effect is in large part due to a population of star-forming low mass galaxies
which will evolve into dwarf galaxies. These early results point to the need
for larger and deeper infrared samples of cluster galaxies to address this
issueComment: 37 pages, 19 figures, ApJ accepted (vol 598 n1
Forces generated during stretch in the heart of the lobster Homarus americanus are anisotropic and are altered by neuromodulators
Mechanical and neurophysiological anisotropies mediate three-dimensional responses of the heart of Homarus americanus. Although hearts in vivo are loaded multi-axially by pressure, studies of invertebrate cardiac function typically use uniaxial tests. To generate whole-heart length-tension curves, stretch pyramids at constant lengthening and shortening rates were imposed uniaxially and biaxially along longitudinal and transverse axes of the beating whole heart. To determine whether neuropeptides that are known to modulate cardiac activity in H. americanus affect the active or passive components of these length-tension curves, we also performed these tests in the presence of SGRNFLRFamide (SGRN) and GYSNRNYLRFamide (GYS). In uniaxial and biaxial tests, both passive and active forces increased with stretch along both measurement axes. The increase in passive forces was anisotropic, with greater increases along the longitudinal axis. Passive forces showed hysteresis and active forces were higher during lengthening than shortening phases of the stretch pyramid. Active forces at a given length were increased by both neuropeptides. To exert these effects, neuropeptides might have acted indirectly on the muscle via their effects on the cardiac ganglion, directly on the neuromuscular junction, or directly on the muscles. Because increases in response to stretch were also seen in stimulated motor nerve-muscle preparations, at least some of the effects of the peptides are likely peripheral. Taken together, these findings suggest that flexibility in rhythmic cardiac contractions results from the amplified effects of neuropeptides interacting with the length-tension characteristics of the heart
Modelling the spinning dust emission from LDN 1780
We study the anomalous microwave emission (AME) in the Lynds Dark Nebula
(LDN) 1780 on two angular scales. Using available ancillary data at an angular
resolution of 1 degree, we construct an SED between 0.408 GHz to 2997 GHz. We
show that there is a significant amount of AME at these angular scales and the
excess is compatible with a physical spinning dust model. We find that LDN 1780
is one of the clearest examples of AME on 1 degree scales. We detected AME with
a significance > 20. We also find at these angular scales that the
location of the peak of the emission at frequencies between 23-70 GHz differs
from the one on the 90-3000 GHz map. In order to investigate the origin of the
AME in this cloud, we use data obtained with the Combined Array for Research in
Millimeter-wave Astronomy (CARMA) that provides 2 arcmin resolution at 30 GHz.
We study the connection between the radio and IR emissions using morphological
correlations. The best correlation is found to be with MIPS 70m, which
traces warm dust (T50K). Finally, we study the difference in radio
emissivity between two locations within the cloud. We measured a factor
of difference in 30 GHz emissivity. We show that this variation can
be explained, using the spinning dust model, by a variation on the dust grain
size distribution across the cloud, particularly changing the carbon fraction
and hence the amount of PAHs.Comment: 14 pages, 11 figures, submitted to MNRA
Postcard: Sunset Camp Store at Sunset Camp, Dodge City, Kansas
This black and white photographic postcard features the supply store at Sunset Camp in Dodge City, Kansas. A man stands in front of the store and a girl stands on the side of the building. Two men are working on the roof of the building behind the store that has Office painted on the side. A gas station is in the background. Written text is on the bottom of the card. Handwriting is on the back of the card.https://scholars.fhsu.edu/tj_postcards/1918/thumbnail.jp
Federalism, Convergence, and Divergence in Constitutional Property
Federal law exerts a gravitational force on state actors, resulting in widespread conformity to federal law and doctrine at the state level. This has been well recognized in the literature, but scholars have paid little attention to this phenomenon in the context of constitutional property. Traditionally, state takings jurisprudence—in both eminent domain and regulatory takings—has strongly gravitated towards the Supreme Court’s takings doctrine. This long history of federal-state convergence, however, was disrupted by the Court’s controversial public use decision in Kelo v. City of New London. In the wake of Kelo, states resisted the Court’s validation of the economic development justification for public use, instead choosing to impose expansive private property protections beyond the federal minima. This resistance thus raises a fundamental puzzle: despite the fracturing of public use doctrine following Kelo, states continue to converge around the force of and be lured by the Court’s regulatory takings jurisprudence. Why is this? This Article argues that the most persuasive explanation is the political economy; that is, where homeowners are perceived to be underprotected by Supreme Court decisions, state actors are more likely to diverge from federal doctrine to grant greater protections as opposed to when the challenger is a developer-landowner. The Court has not underprotected a homeowner in a regulatory takings challenge in a manner that would spark a similar post-Kelo state resistance. Few scholars have explored this mystery and offered conceptual and doctrinal explanations on the value of state divergence from federal takings doctrine in our federalist regime
Inclusionary Eminent Domain
This Article proposes a paradigm shift in takings law, namely “inclusionary eminent domain.” This new normative concept serves as a framework that molds eminent domain takings and economic redevelopment into an inclusionary land assembly model that is equipped with multiple tools to help guide municipalities, private developers and communities construct or preserve affordable housing developments. The tools to achieve this include Community Benefits Agreements (“CBAs”), Land Assembly Districts (“LADs”), Community Development Corporations (“CDCs”), Land Banks (“LABs”), Community Land Trusts (CLTs) and Neighborhood Improvement Districts (“NIDs”).
The origins of the concept derive from the zoning law context, where exclusionary zoning in the suburbs excluded affordable housing for low-income residents. Courts intervened, applying exclusionary zoning doctrines, which led to the enactment of inclusionary zoning programs to achieve a fair share of housing. Exclusionary eminent domain in urban areas, similarly, has displaced and decreased the stock of or denied access to affordable housing through the power of takings. Under an exclusionary eminent domain doctrine, courts would apply heightened review to condemnations in a locality that has less than its fair share of affordable housing. But in a post-Kelo era of takings, doctrinal solutions may not be enough.
Analogous to inclusionary zoning, inclusionary eminent domain helps us rethink how to fix these ubiquitous land problems. Indeed, this Article moves us beyond the doctrinal muddle and instead incorporates both the intellectual musings of takings and zoning law with an assessment of how innovative tools can be practically applied to construct and preserve affordable housing in eminent domain takings for economic redevelopment
The Fourth Amendment\u27s Constitutional Home
The home enjoys omnipresent status in American constitutional law. The Bill of Rights, peculiarly, has served as the central refuge for special protections to the home. This constitutional sanctuary has elicited an intriguing textual and doctrinal puzzle. A distinct thread has emerged that runs through the first five amendments delineating the home as a zone where rights emanating from speech, smut, gods, guns, soldiers, searches, sex, and self-incrimination enjoy special protections. However, the thread inexplicably unravels upon arriving at takings. There, the constitutional text omits and the Supreme Court’s doctrine excludes a special zone of safeguards to the home. This revelation raises unsettled questions as to why takings is the disjointed outlier. Prior scholarship has addressed this constitutional schism by observing that judicial deference to economic legislation, as opposed to exacting scrutiny to fundamental rights, has constrained the Court from extending the thread to takings. However, there are more unexplained scattered pieces to this constitutional puzzle that deserve further scholarly attention.
This Article unearths another obscure schism in the thread of special protections to the home in the Fourth Amendment. While the Court’s solicitude of home protections remain unassailable in rights involving speech, smut, gods, guns, soldiers, sex and self-incrimination, notwithstanding takings, there has been an inconspicuous rollback—a doctrinal regression—of the home’s zone of special protections under the Court’s search and seizure doctrines. There, the Court has developed a patchwork of exceptions sanctioning greater government intrusions in the home. These exceptions that weaken home protections in the Fourth Amendment stand in stark contrast to the Court’s ironclad consistent homebound doctrines that shield the home in the rest of the Bill of Rights. Why, then, has the Court partially retreated from this special zone of rights and interests under its search and seizure doctrine, but nowhere else in the Bill of Rights?
This Article is the first scholarly project to comprehensively catalogue and systematically survey the entire homebound Bill of Rights to reveal this doctrinal and textual discord presented by the Court’s partial backsliding from home protections in its searches and seizures jurisprudence. The Article excavates a variety of reasons and explanations for the notable discord and concludes by raising some theoretical and conceptual considerations for the doctrinal retrenchment
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