2,441 research outputs found

    Preemption, Federalism, and Local Democracy

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    Neighborhood Empowerment and the Future of the City

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    In any given metropolitan region, there are scores of municipalities locked in a zero-sum struggle for mobile sources of jobs and tax revenue. This competition appears to advantage small, homogenous suburbs over large, diverse cities because the former can directly enact the uniform will of the electorate rather than becoming ensnarled in conflict between competing interest groups. Cities can level the playing field with suburbs, however, by devolving municipal power to smaller, more homogenous subgroups within the city, such as neighborhoods. Indeed, one such effort at neighborhood empowerment, the “business improvement district,” (BID) has been widely identified as a key factor in the recent revitalization of many central cities. The BID, and the related “special assessment district,” essentially devolve the financing of infrastructure and services to landowners within a territorially designated area. Courts have widely upheld special assessment districts and BIDs against constitutional challenges. Cities remain hamstrung in competing with suburbs, however, because courts prohibit cities from delegating perhaps the most coveted power of all to neighborhood groups: zoning. Since an unusual series of Supreme Court cases in the early twentieth century, it has been largely settled that cities may not constitutionally delegate the zoning power to sub-municipal groups, at least where the power is delegated specifically to landowners in a certain proximity to a proposed land use change (a scheme I designate a “neighborhood zoning district”). This article argues that there is a serious inconsistency in a jurisprudence that treats BIDs and special assessment districts as unproblematic while prohibiting neighborhood zoning districts. As I demonstrate, these devices are in fact conceptually identical. Both the neighborhood zoning district and the special assessment/BID are designed to enable large, diverse cities to capture some of the governance advantages of small, homogenous suburbs by providing landowners with the direct ability to manage local externalities. This article attempts to make sense of the disparate treatment accorded these devices by examining several grounds upon which they could potentially be distinguished. I find, however, that special assessment districts/BIDs actually raise far more troubling public policy concerns than neighborhood zoning districts. I conclude that courts should broadly defer to municipal delegations of power to sublocal groups, so that cities can work out their own strategies for surviving in an era of intense inter-local competition

    Equality and Closure: The Paradox of Local Citizenship

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    In Bourgeois Utopias, a cultural history of suburbia in America, Robert Fishman states the fundamental paradox about the suburbs: “[H]ow can a form based on the principle of exclusion include every-one?” The promise of the American suburb was that every middle-class family would be able to own a home with a yard, but this egalitarian ideal was illusory because what made the suburbs appealing was precisely what it excluded, namely everything having to do with the city—its congestion, political corruption, and most importantly, its racial diversity. And so, as suburbia was mass-produced and made avail-able with cheap low-interest loans to white middle-class families, racial minorities were rigidly excluded. Although several waves of demographic change have reshaped the suburbs over the generations, this paradox remains evident today. Suburbs are becoming more dense and more diverse as many minorities have migrated from “inner cities” toward first-ring suburbs, and immigrants have found welcoming enclaves in the suburbs. But while suburbs have grown more diverse, they have also grown more segregated. High opportunity suburbs with plentiful jobs and good schools mandate low-density sprawl through zoning regulations, like mini-mum lot size and floor area requirements, parking mandates, and set-backs, that have the cumulative effect of making housing scarce and expensive. Only the very affluent or those lucky enough to have purchased a home years ago are welcome in these places. Racial minorities who, thanks to the earlier generation of suburban exclusion, have not had the opportunity to build the inter-generational wealth that is often a prerequisite to purchasing a home in the suburbs still find themselves locked out of the most desirable communities. The infra-structure of suburban communities, such as roads, sewers, and schools, are designed, perhaps deliberately, to completely collapse if the number of users increases by even a small amount, so these communities fiercely oppose any efforts to densify and permit more housing. Even modest attempts at densification are treated as calls to destroy suburban neighborhoods. But because our society has made a decision, undoubtedly questionable in retrospect, to treat suburban homeownership as the central tool for wealth building in this country, we cannot hope to meet our national aspirations for equality without opening up our suburbs to more housing. And so the question re-mains—how can a form based on the principle of exclusion include everyone

    Neighborhood Empowerment and the Future of the City

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    Small and mighty: adaptation of superphylum Patescibacteria to groundwater environment drives their genome simplicity.

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    BackgroundThe newly defined superphylum Patescibacteria such as Parcubacteria (OD1) and Microgenomates (OP11) has been found to be prevalent in groundwater, sediment, lake, and other aquifer environments. Recently increasing attention has been paid to this diverse superphylum including > 20 candidate phyla (a large part of the candidate phylum radiation, CPR) because it refreshed our view of the tree of life. However, adaptive traits contributing to its prevalence are still not well known.ResultsHere, we investigated the genomic features and metabolic pathways of Patescibacteria in groundwater through genome-resolved metagenomics analysis of > 600 Gbp sequence data. We observed that, while the members of Patescibacteria have reduced genomes (~ 1 Mbp) exclusively, functions essential to growth and reproduction such as genetic information processing were retained. Surprisingly, they have sharply reduced redundant and nonessential functions, including specific metabolic activities and stress response systems. The Patescibacteria have ultra-small cells and simplified membrane structures, including flagellar assembly, transporters, and two-component systems. Despite the lack of CRISPR viral defense, the bacteria may evade predation through deletion of common membrane phage receptors and other alternative strategies, which may explain the low representation of prophage proteins in their genomes and lack of CRISPR. By establishing the linkages between bacterial features and the groundwater environmental conditions, our results provide important insights into the functions and evolution of this CPR group.ConclusionsWe found that Patescibacteria has streamlined many functions while acquiring advantages such as avoiding phage invasion, to adapt to the groundwater environment. The unique features of small genome size, ultra-small cell size, and lacking CRISPR of this large lineage are bringing new understandings on life of Bacteria. Our results provide important insights into the mechanisms for adaptation of the superphylum in the groundwater environments, and demonstrate a case where less is more, and small is mighty

    Colour reconnection in e+e- -> W+W- at sqrt(s) = 189 - 209 GeV

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    The effects of the final state interaction phenomenon known as colour reconnection are investigated at centre-of-mass energies in the range sqrt(s) ~ 189-209 GeV using the OPAL detector at LEP. Colour reconnection is expected to affect observables based on charged particles in hadronic decays of W+W-. Measurements of inclusive charged particle multiplicities, and of their angular distribution with respect to the four jet axes of the events, are used to test models of colour reconnection. The data are found to exclude extreme scenarios of the Sjostrand-Khoze Type I (SK-I) model and are compatible with other models, both with and without colour reconnection effects. In the context of the SK-I model, the best agreement with data is obtained for a reconnection probability of 37%. Assuming no colour reconnection, the charged particle multiplicity in hadronically decaying W bosons is measured to be (nqqch) = 19.38+-0.05(stat.)+-0.08 (syst.).Comment: 30 pages, 9 figures, Submitted to Euro. Phys. J.

    Search for the Standard Model Higgs Boson with the OPAL Detector at LEP

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    This paper summarises the search for the Standard Model Higgs boson in e+e- collisions at centre-of-mass energies up to 209 GeV performed by the OPAL Collaboration at LEP. The consistency of the data with the background hypothesis and various Higgs boson mass hypotheses is examined. No indication of a signal is found in the data and a lower bound of 112.7GeV/C^2 is obtained on the mass of the Standard Model Higgs boson at the 95% CL.Comment: 51 pages, 21 figure

    An Atlas of FUSE Sight Lines Toward the Magellanic Clouds

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    We present an atlas of 57 Large Magellanic Cloud (LMC) and 37 Small Magellanic Cloud (SMC) observations obtained with the Far Ultraviolet Spectroscopic Explorer (FUSE) satellite. The atlas highlights twelve interstellar absorption line transitions at a resolution of ~15 km/s. These transitions cover a broad range of temperatures, ionization states, and abundances. The species included are OVI, which probes hot (T~3x10^5 K) ionized gas; CIII and FeIII, which probe warm (T~10^4 K) ionized gas; SiII, PII, CII, FeII, and OI, warm neutral gas; and six different molecular hydrogen transitions, which trace cold (T<=500 K) gas. We include Schmidt Halpha CCD images of the region surrounding each sight line showing the morphology of warm ionized gas in the vicinity, along with continuum images near each FUSE aperture position. Finally, we present several initial scientific results derived from this dataset on the interstellar medium of the Magellanic Clouds and Galactic halo.Comment: 29 pages, 6 figures. Complete Atlas of 94 additional images (~800kB each) is available at http://fuse.pha.jhu.edu/~danforth/atlas Accepted to the ApJS March 200

    Measurement of the Hadronic Photon Structure Function F_2^gamma at LEP2

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    The hadronic structure function of the photon F_2^gamma is measured as a function of Bjorken x and of the factorisation scale Q^2 using data taken by the OPAL detector at LEP. Previous OPAL measurements of the x dependence of F_2^gamma are extended to an average Q^2 of 767 GeV^2. The Q^2 evolution of F_2^gamma is studied for average Q^2 between 11.9 and 1051 GeV^2. As predicted by QCD, the data show positive scaling violations in F_2^gamma. Several parameterisations of F_2^gamma are in agreement with the measurements whereas the quark-parton model prediction fails to describe the data.Comment: 4 pages, 2 figures, to appear in the proceedings of Photon 2001, Ascona, Switzerlan
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