The Total Takings Myth

For almost thirty-five years, the U.S. Supreme Court has attempted to carve out a total takings doctrine within its regulatory takings jurisprudence. Most regulatory takings claims are evaluated under the “ad hoc” threefactor test first articulated in Penn Central Transportation Co. v. City of New York. Exceedingly few of these claims are successful. But the Court has identified certain categories of government actions that are compensable takings per se, otherwise known as total takings. This began in 1982 with Loretto v. Teleprompter Manhattan CATV Corp., where the Court held that a land use ordinance requiring a landowner to endure a permanent physical occupation of a portion of her property is always a compensable taking. Ten years later, in Lucas v. South Carolina Coastal Council, the Court held that a land use restriction depriving an owner of all economically viable use of her property is also compensable per se. Finally, in 2015, in Horne v. Department of Agriculture, the Court extended its total takings jurisprudence to personal property, announcing that the government appropriation of personal property is a per se compensable taking. Although the Court has had more than three decades to articulate theoretical justifications for its total takings jurisprudence and to provide guidance for lower courts in determining when a regulation constitutes a total taking, it has failed to do so. This failure reflects the underlying reality that the total takings doctrine is a myth. More particularly, the categories that the Court has identified as constituting total takings are analytically incoherent, and the terms the Court has used to demarcate total takings from regulations that are not per se compensable cannot be applied in the real world. As a result, lower courts struggle to apply the total takings doctrine and the case law remains in utter disarray. In fact, lower courts have resorted to creating “shadow” total takings doctrines that rely on obvious distortions of the plain meaning of outcome-determinative terms and deflect attention from the fundamental question of whether compensation is warranted. This Article argues that the Court’s attempt to create a total takings doctrine has failed, and that the Court should repudiate it. It demonstrates that the Court’s initial total takings opinions were conceptually incoherent and woefully undertheorized. And it shows that attempts by lower courts to rehabilitate the doctrine by crystallizing the bright-line rules through careful and consistent application were doomed to, and did, fail. This Article also explains why the entire enterprise was misguided from the start. Although bright-line rules have their place, it is not in the heart of regulatory takings doctrine, which is premised on concerns for fairness and justice in distributing the burdens of land use regulation. Last term, the Court had a perfect opportunity to begin the process of repudiating the total takings myth. Murr v. Wisconsin was a run-of-the-mill regulatory takings case masquerading as a Lucas-type total takings claim, and it presented the Court with a vehicle to either remedy the central doctrinal incoherence of Lucas’s bright-line rule or to overrule Lucas and turn its attention to the much needed task of clarifying and refining the Penn Central test. Instead, by offering a new multifactored test in a sort of regulatory takings “step zero,” the Court in Murr merely exacerbated the core flaws of the Lucas bright-line rule. Now, more than ever, it is imperative that the Court recognize and begin to dismantle the total takings myth

The Study on Stress, Spirituality, and Health (SSSH): Psychometric Evaluation and Initial Validation of the SSSH Baseline Spirituality Survey

This paper describes the development and initial psychometric testing of the baseline Spirituality Survey (SS-1) from the Study on Stress, Spirituality, and Health (SSSH) which contained a mixture of items selected from validated existing scales and new items generated to measure important constructs not captured by existing instruments. The purpose was to establish the validity of new and existing measures in our racially/ethnically diverse sample. Psychometric properties of the SS-1 were evaluated using standard psychometric analyses in 4,634 SSSH participants. Predictive validity of SS-1 scales was assessed in relation to the physical and mental health component scores from the Short-Form 12 Health Survey (SF-12). Scales exhibited adequate to strong psychometric properties and demonstrated construct and predictive validity. Overall, the correlational findings provide solid evidence that the SS-1 scales are associated with a wide range of relevant R/S attitudes, mental health, and to a lesser degree physical health

Perception and recollection of fire hazards in dwelling fires

Current understanding of dwelling fire injury outcomes is impacted by data limitations, confounds, and failures to adequately examine occupant behaviour. For instance, research rarely considers: occupant perception of fire hazard properties (e.g. size of flames/smoke when first encountered); resultant engagement (enter smoky room, tackle flames); whether hazard size percepts are accurate when recollected for investigators; and what the best recollection method is. Two experiments (N = 141, 132) presented short videos of kitchen fires where hazard size was either Small, Mid or Large. Immediately after seeing this (Experiment 1), or after a delay (Experiment 2), participants’ performance at recollecting hazard size and their willingness to (hypothetically) engage with the hazards was tested. Recollection performance was compared across three methods. Interestingly, free recall resulted in poor performance but performance improved by 2-3 times when using two types of layperson-friendly descriptors (text, pictures) that allowed hazard size to be referenced to other scene elements. Pictures had a slight advantage over text descriptors. Larger hazards were recollected less accurately than small ones, albeit still somewhat meaningfully; the exception was mid-sized smoke and attentional narrowing effects are discussed. Importantly, while increased hazard size reduced willingness, a concerning percentage of participants nevertheless considered engaging with the largest hazards; such risky behaviours may explain injury outcomes. Prior fire experience and gender affected recollection and willingness, often interacting with hazard size. Delayed recollection and individual differences did not. These findings suggest occupant behaviour, characteristics and hazard size data need capturing to help assess fire injury risks

Perceptions of autonomous vehicles: Relationships with road users, risk, gender and age

Fully automated self-driving cars, with expected benefits including improved road safety, are closer to becoming a reality. Thus, attention has turned to gauging public perceptions of these autonomous vehicles. To date, surveys have focused on the public as potential passengers of autonomous cars, overlooking other road users who would interact with them. Comparisons with perceptions of other existing vehicles are also lacking. This study surveyed almost 1000 participants on their perceptions, particularly with regards to safety and acceptance of autonomous vehicles. Overall, results revealed that autonomous cars were perceived as a “somewhat low risk“ form of transport and, while concerns existed, there was little opposition to the prospect of their use on public roads. However, compared to human-operated cars, autonomous cars were perceived differently depending on the road user perspective: more risky when a passenger yet less risky when a pedestrian. Autonomous cars were also perceived as more risky than existing autonomous trains. Gender, age and risk-taking had varied relationships with the perceived risk of different vehicle types and general attitudes towards autonomous cars. For instance, males and younger adults displayed greater acceptance. Whilst their adoption of this autonomous technology would seem societally beneficial – due to these groups’ greater propensity for taking road user risks, behaviours linked with poorer road safety – other results suggested it might be premature to draw conclusions on risk-taking and user acceptance. Future studies should therefore continue to investigate people’s perceptions from multiple perspectives, taking into account various road user viewpoints and individual characteristics

Building a Quantum Engineering Undergraduate Program

Contribution: A roadmap is provided for building a quantum engineering education program to satisfy U.S. national and international workforce needs. Background: The rapidly growing quantum information science and engineering (QISE) industry will require both quantum-aware and quantum-proficient engineers at the bachelor\u27s level. Research Question: What is the best way to provide a flexible framework that can be tailored for the full academic ecosystem? Methodology: A workshop of 480 QISE researchers from across academia, government, industry, and national laboratories was convened to draw on best practices; representative authors developed this roadmap. Findings: 1) For quantum-aware engineers, design of a first quantum engineering course, accessible to all STEM students, is described; 2) for the education and training of quantum-proficient engineers, both a quantum engineering minor accessible to all STEM majors, and a quantum track directly integrated into individual engineering majors are detailed, requiring only three to four newly developed courses complementing existing STEM classes; 3) a conceptual QISE course for implementation at any postsecondary institution, including community colleges and military schools, is delineated; 4) QISE presents extraordinary opportunities to work toward rectifying issues of inclusivity and equity that continue to be pervasive within engineering. A plan to do so is presented, as well as how quantum engineering education offers an excellent set of education research opportunities; and 5) a hands-on training plan on quantum hardware is outlined, a key component of any quantum engineering program, with a variety of technologies, including optics, atoms and ions, cryogenic and solid-state technologies, nanofabrication, and control and readout electronics

Building a Quantum Engineering Undergraduate Program

The rapidly growing quantum information science and engineering (QISE) industry will require both quantum-aware and quantum-proficient engineers at the bachelor's level. We provide a roadmap for building a quantum engineering education program to satisfy this need. For quantum-aware engineers, we describe how to design a first quantum engineering course accessible to all STEM students. For the education and training of quantum-proficient engineers, we detail both a quantum engineering minor accessible to all STEM majors, and a quantum track directly integrated into individual engineering majors. We propose that such programs typically require only three or four newly developed courses that complement existing engineering and science classes available on most larger campuses. We describe a conceptual quantum information science course for implementation at any post-secondary institution, including community colleges and military schools. QISE presents extraordinary opportunities to work towards rectifying issues of inclusivity and equity that continue to be pervasive within engineering. We present a plan to do so and describe how quantum engineering education presents an excellent set of education research opportunities. Finally, we outline a hands-on training plan on quantum hardware, a key component of any quantum engineering program, with a variety of technologies including optics, atoms and ions, cryogenic and solid-state technologies, nanofabrication, and control and readout electronics. Our recommendations provide a flexible framework that can be tailored for academic institutions ranging from teaching and undergraduate-focused two- and four-year colleges to research-intensive universities.Comment: 25 pages, 2 figure

Multistable Decision Switches for Flexible Control of Epigenetic Differentiation

It is now recognized that molecular circuits with positive feedback can induce two different gene expression states (bistability) under the very same cellular conditions. Whether, and how, cells make use of the coexistence of a larger number of stable states (multistability) is however largely unknown. Here, we first examine how autoregulation, a common attribute of genetic master regulators, facilitates multistability in two-component circuits. A systematic exploration of these modules' parameter space reveals two classes of molecular switches, involving transitions in bistable (progression switches) or multistable (decision switches) regimes. We demonstrate the potential of decision switches for multifaceted stimulus processing, including strength, duration, and flexible discrimination. These tasks enhance response specificity, help to store short-term memories of recent signaling events, stabilize transient gene expression, and enable stochastic fate commitment. The relevance of these circuits is further supported by biological data, because we find them in numerous developmental scenarios. Indeed, many of the presented information-processing features of decision switches could ultimately demonstrate a more flexible control of epigenetic differentiation