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Local governments typically insure themselves against all kinds of losses, from property damage to legal liability. For small- and medium-sized governments, this usually means purchasing insurance from private insurers or participating in municipal risk pools. Insurance for regulatory takings claims, however, is generally unavailable. This previously unnoticed gap in municipal insurance coverage could lead risk averse local governments to underregulate and underenforce existing regulations where property owners threaten to bring takings claims. This seemingly technical observation turns out to have profound implications for theoretical accounts of the Takings Clause that focus on government regulatory incentives. This Article explores the impact of insurance on land use regulations. In the process, it reveals important insights about public insurance more generally and offers a novel explanation for the burgeoning land use innovation in cities compared to the relative stagnation of land use in the suburbs. It concludes by suggesting new ways for promoting local land use regulations that risk generating takings claims.

Lead-free halide double perovskites (A(2)B(I)B(III)X(6)) with attractive optical and electronic features are considered to be a promising candidate to overcome the toxicity and stability issues of lead halide perovskites (APbX(3)). However, their poor absorption profiles limit device performance. Here the absorption band edge of Cs(2)AgBiBr(6)double perovskite to the near-infrared range is significantly broadened by developing doped double perovskites, Cs-2(Ag:Cu)BiBr6. The partial replacement of Ag ions by Cu ions in the crystal lattice is confirmed by the X-ray photoelectron spectroscopy (XPS) and solid-state nuclear magnetic resonance (ssNMR) measurements. Cu doping barely affects the bandgap of Cs2AgBiBr6; instead it introduces subbandgap states with strong absorption to the near-infrared range. More interestingly, the near-infrared absorption can generate band carriers upon excitation, as indicated by the photoconductivity measurement. This work sheds new light on the absorption modulation of halide double perovskites for future efficient optoelectronic devices. ; Funding Agencies|Knut and Alice Wallenberg FoundationKnut & Alice Wallenberg Foundation [KAW 2019.0082]; Swedish Energy AgencySwedish Energy Agency [2018-004357]; Grant Agency of the Czech RepublicGrant Agency of the Czech Republic [GA19-05259S]; VR Starting Grant [2019-05279]; Carl Tryggers Stiftelse; Olle Engkvist Byggmastare Stiftelse; Swedish Government Strategic Research Area in Materials Science on Functional Materials at Linkoping University (Faculty Grant SFO-Mat-LiU) [2009-00971]; China Scholarship Council (CSC)China Scholarship Council; Ministry of Science and Higher Education of the Russian Federation of NUST "MISIS" [K2-2019-001, 211]; Swedish Research Council (VR)Swedish Research Council [2019-05551]; Swedish Research CouncilSwedish Research Council [2016-07213]

Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result.

H– and Na–saponite supports have been prepared by several synthesis approaches. 5% Cu/saponite catalysts have been prepared and tested for soot combustion in a NOx + O2 + N2 gas flow and with soot and catalyst mixed in loose contact mode. XRD, FT-IR, N2 adsorption and TEM characterization results revealed that the use of either surfactant or microwaves during the synthesis led to delamination of the saponite support, yielding high surface area and small crystallite size materials. The degree of delamination affected further copper oxide dispersion and soot combustion capacity of the Cu/saponite catalysts. All Cu/saponite catalysts were active for soot combustion, and the NO2-assisted mechanism seemed to prevail. The best activity was achieved with copper oxide supported on a Na–saponite prepared at pH 13 and with surfactant. This best activity was attributed to the efficient copper oxide dispersion on the high surface area delaminated saponite (603 m2 g−1) and to the presence of Na. Copper oxide reduction in H2-TPR experiments occurred at lower temperature for the Na-containing catalysts than for the H-containing counterparts, and all Cu/Na–saponite catalysts were more active for soot combustion than the corresponding Cu/H–saponite catalysts. ; The financial support of Generalitat Valenciana (Project PROMETEOII/2014/010), Catalan Government (2014SGR1146), Spanish Ministry of Economy and Competitiveness (Projects CTQ2012-30703 and CTQ2011-24610) and UE (FEDER funding) is acknowledged.

This article takes as its starting point the recent spate of unrest in rural China over government takings of rural, agricultural land. Though the popular and scholarly press has paid a great deal of attention to this issue, few analyses have explored in depth the institutional and legal framework surrounding it. This piece first attempts such an exploration and concludes that the underlying issues have as much to do with China's national land use regulatory system as they do with the behavior of local governments that seize privately-farmed land for other uses. In fact, it is more productive to see this as a regulatory takings issue than an eminent domain issue. With that analysis in mind, the article proceeds to explain why commonly-presented proposals for solving the rural takings problem are inadequate and then offers a novel solution based on the regulatory takings analysis: granting individual farmers transferrable, monetizable land development rights that will be separable from the land use rights that are the basis of the current rural land ownership regime.

The non-enforcement of existing property laws is not logically separable from the issue of unfair and unjust state deprivations of property rights at which the Constitution's Takings Clause takes aim. This Article suggests, therefore, that takings law should police allocations resulting from non-enforcement decisions on the same "fairness and justice" grounds that it polices allocations resulting from decisions to enact and enforce new regulations. Rejecting the extant majority position that state decisions not to enforce existing property laws are categorically immune from takings liability is not to advocate that persons impacted by such decisions should be automatically or even regularly entitled to the Takings Clause's constitutional remedy. Rather, it simply suggests that courts should resist the temptation to formulaically and categorically prohibit non-enforcement takings claims in favor of assessing those claims on the merits.

Islam is a universal religion that regulates all aspects of life, including teachings about religious harmony. Normatively, the Koran has included verses related to religious pluralism, multiculturalism and tolerance of religious life. Historically the Medina pajamas are historical witnesses that the Prophet laid the foundation and became an example in living a life of different religions and cultures. For Muslims in Indonesia the elimination of seven words in the Jakarta pajamas is a tangible form of inter-religious harmony shown by Muslims. Likewise with the Confucian religion, there are teachings that can lead its adherents to live in harmony with other religions, among the teachings or five noble characteristics of Wu Chang, which are seen as the concept of teachings that can create a harmonious life. The two religions generally maintain harmony with each other, but in particular there are often misunderstandings such as reality shows that there are not a few actions that deviate from the values of tolerance. The method in this discussion uses a library research (library research), with a qualitative approach. The results of this discussion illustrate that Islam and Confucianism positively support the existence of tolerance between religious communities and the government. Furthermore, religious tolerance has limits that must be maintained and respected, for example in the form of the social interests of the two teachings, while regarding the creed, both are not allowed to tolerate. The similarity of tolerance according to both is the harmony of life between religious communities, which is something that is mentioned in the Al-Quran and the book of Lun Yu. Like mutual respect, please help and be fair to every people. Meanwhile, what distinguishes religious tolerance is that Islam does not allow marriage to a non-Muslim, while Confucianism allows marriage to people of different religions

Chapman & Huffman propose that dropping the categorical distinction between human and nonhuman animals may reduce the atrocious acts of humans towards nonhuman animals, but will it? Taking Darwinism seriously means accepting physical and behavioral continuity across species, including the capacity to feel pain.

What ought to be the nature of an owner's right to pursue a regulatory takings claim when the regulation the owner seeks to challenge was in place when the owner acquired the regulated property? Some argue that an owner should not be entitled to challenge such a restriction as a Fifth Amendment taking if the property was already impaired by the regulation at the time the owner acquired it. Proponents of this view contend that allowing subsequent owners to challenge the enforcement of regulations, pre-dating their acquisition of title, and of which they had notice, would confer undeserved windfalls and reward land speculation to the detriment of the public fisc. But this view of the non-transferability of the regulatory takings claim de-emphasizes the impact of the regulation on the property itself and focuses the takings inquiry at the wrong moment in time. Regulatory land use controls should be evaluated as restrictions on property and as unrelated to the ownership status of property. A rule that limits or bars successive owners from asserting the full takings claim effectively eviscerates the takings clause for many forms of regulatory takings. It allows governments to destroy valuable property interests without paying compensation. This article emphasizes that the takings claim is a distinct and recognizable form of property that exists independent of the property owner. The takings claim is valuable private property and, as such, should be alienable in a manner consistent with other forms of private property; any other approach is tantamount to a judicial taking.

Judgement and decision making are essential functions of the cognitive system. The present paper exposes key elements of the psychological theory which best accounts for human decision making. Decision making can be a flawed process. Loss aversion, framing effects, and differences across individuals are presented to highlight the irrational aspect of human risk taking. We reveal evidence of various cognitive distortions as compared to normalised decisions. It has been shown that expertise acquisition can compensate part of these cognitive distortions. Yet, recent evidence shows that experts in different civilizations retain civilizational risk propensities. Such evidence thus challenges the notion that knowledge is sufficient for perfect rationality in decision making; throwing the idea that politics is served by informed individuals making rational decisions under a severe cloud. The consequences of flawed human decisions regarding risk taking at a grand scale and by educated individuals is discussed. It is demonstrated that risk tolerance in different civilizations leads to different actions. This basic phenomenon is used to demonstrate how powerful states may misread potential reactions of less powerful states, which historically, can and has led to costly wars. Understanding the opponents' psychology is a well-known factor for chess players, which, so far, has not been explored much in political psychology.

Constitutional takings protections, such as those in the Fifth Amendment of the United States Constitution, create a potential for state liability for changes in regulatory policy by governments. This Article critiques takings jurisprudence in the context of two infrastructure investment issues: the stranded cost problem facing United States utility industries, which has given rise to claims of compensation for deregulatory takings; and the development of standards to protect direct foreign investment in developing countries. In both contexts, traditional legal doctrines do not adequately provide for the type of remedy sought so courts are in need of standards to assist them in determining when a change in government regulation warrants recovery for investors. After addressing the current state of United States takings jurisprudence, this Article outlines a constitutional takings doctrine that can be applied to these infrastructure investment issues both within and outside of the American context. Under the doctrine advanced in this Article, the government would be required to pay compensation whenever it takes resources as part of the process of producing public goods and services. This Article's analysis, however, supports a rebuttable presumption against compensation for losses connected with the overall implementation of a public policy. Property rights protection will not aid growth - nor will it sustain historical investment levels - if it encourages inefficient levels and types of investment. In the American context, federal court review of public utility deregulatory takings claims should not entertain the strong property rights notions that some advance for purposes of encouraging infrastructure investment. Instead, this Article concludes that there is no reason for courts to depart from the distinct line of cases addressing public utility price regulation, in which courts routinely defer to regulators' decisions regarding compensation. The courts should treat the deregulation of public utilities as an ...

The mobility of the copper cations acting as active sites for the selective catalytic reduction of nitrogen oxides with ammonia in Cu-CHA catalysts varies with temperature and feed composition. Herein, the migration of [Cu(NH3)2]+ complexes between two adjacent cavities of the chabazite structure, including other reactant molecules (NO, O2, H2O, and NH3), in the initial and final cavities is investigated using ab initio molecular dynamics (AIMD) simulations combined with enhanced sampling techniques to describe hopping events from one cage to the other. We find that such diffusion is only significantly hindered by the presence of excess NH3 or NO in the initial cavity, since both reactants form with [Cu(NH3)2]+ stable intermediates which are too bulky to cross the 8-ring windows connecting the cavities. The presence of O2 modifies strongly the interaction of NO with Cu+. At low temperatures, we observe NO detachment from Cu+ and increased mobility of the [Cu(NH3)2]+ complex, while at high temperatures, NO reacts spontaneously with O2 to form NO2. The present simulations give evidence for recent experimental observations, namely, an NH3 inhibition effect on the SCR reaction at low temperatures, and transport limitations of NO and NH3 at high temperatures. Our first principle simulations mimicking operating conditions support the existence of two different reaction mechanisms operating at low and high temperatures, the former involving dimeric Cu(NH3)2-O2-Cu(NH3)2 species and the latter occurring by direct NO oxidation to NO2 in one single cavity. ; This work has been supported by the Spanish Government through Severo Ochoa (SEV-2016-0683, MINECO), and MAT2017-82288-C2-1-P (AEI/FEDER, UE) projects, and by CSIC through the i-link+ program (LINKA20381). We thankfully acknowledge Red Española de Supercomputación (RES) and Servei d'Informàtica de la Universitat de València (SIUV) for computational resources and technical support, the computer resources at Marenostrum4 (RES-QS-2020-1-0029 and RES-QS.2020-2-0015) and ...

The nuclear structure of neutron-rich nuclei close to the double-magic nucleus 78Ni has been investigated by measuring the lifetime of excited states. In this contribution, it will be presented the lifetime of the Jπ = 7=2 excited state at 981 keV of the 71Cu isotope, measured using the AGATA Demonstrator coupled to the PRISMA spectrometer and the Köln plunger setup. This is the first time this combined setup has been used for a lifetime measurement. ; This work has been partially supported by the grants FPA2008-06419, FPA2008-03774, AIC10-D-000605, AIC-D-2011-0764 and Consolider CSD2007-00042 from the Spanish Government and by INFN Italy. ; Peer Reviewed

Appropriations lie at the core of the administrative state and are be­com­ing increasingly important as deep partisan divides have stymied sub­stan­tive legislation. Both Congress and the President exploit appropria­tions to control government and advance their policy agendas, with the border wall battle being just one of several recent high-profile examples. Yet in public law doctrine, appropriations are ignored, pulled out for spe­cial legal treatment, or subjected to legal frameworks ill-suited for appro­priations realities. This Article documents how appropriations are mar­ginalized in a variety of public law contexts and assesses the reasons for this unjustified treatment. Appro­priations' doctrinal marginalization does not affect the political branches equally, but instead enhances executive branch and presidential power over appropriations at the expense of Congress. Yet legal doctrines governing ap­propriations should have the opposite effect because constitutional text, struc­ture, and history make clear the central importance of Congress's appropria­tions power. Appro­priations' doctrinal marginalization undermines the sep­aration of powers even further by undercutting political accountability through Congress and creating de facto presidential spending authority, with the executive branch able to violate governing statutes on appropriations with minimal legal consequences. This Article then turns to the question of what taking appropriations seriously might mean for public law doctrine. It concludes that appropriations exceptionalism is not problematic if it reflects the re­alities of the appropriations process and does not downplay appropria­tions' significance. Doctrines should attend to the separation of powers dynam­ics raised by appropriations and reinforce Congress's power of the purse. Among other consequences, this leads to jurisdictional doctrines that put primacy on congressional enforcement of appropriations limits in court.

E. Sahin et al.; 9 pags.; 8 figs.; 2 tabs.; PACS number(s): 21.10.Tg, 21.60.Cs, 23.20.Lv ; © 2015 American Physical Society. The level structure of the neutron-rich 69Cu,71Cu, and Cu73 isotopes has been investigated by means of multinucleon transfer reactions. The experiment was performed at Laboratori Nazionali di Legnaro using the AGATA Demonstrator array coupled to the PRISMA magnetic spectrometer. Lifetimes of excited states in Cu nuclei were measured with the recoil-distance Doppler-shift method. The resulting electromagnetic matrix elements for transitions from excited states in Cu69,71,73 nuclei are used to assess the collective or single-particle character of these states. The results are compared with predictions of large-scale shell-model calculations, giving further insight into the evolution of the proton pf shell as neutrons fill the 1g9/2 orbital. ; This work has been partially supported by the European Union Seventh Framework Program FP7/2007-2013 under Grant Agreement No. 262010, ENSAR and MINECO, Spain, under Grants No. FPA2011-29854-C03 and No. FPA2011- 29854-C04, Generalitat Valenciana, Spain, under Grant No. PROMETEOII/2014/019, and MINECO, Spain, under Grant Consolider-Ingenio 2010 CSD2007-00042. ; Peer Reviewed