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Climate science plays a central role in climate litigation, and cases under the Takings Clause of the United States' and many state constitutions are no exception. In the climate context, takings cases to date have involved claims that challenge the constitutionality of both adaptation and mitigation measures. For instance, real estate developers have claimed that land use and zoning regulations that seek to reduce exposure to climate change impacts constitute regulatory takings. Property owners have claimed that restrictions on the development of fossil fuel infrastructure upset their investment-backed expectations. And property owners adversely impacted by climate-related flood control measures have sought compensation for their harms. In these and other cases, the foreseeability of climate change impacts and the causal connections between local action and global climate change may or may not be explicit elements of a claim, but they remain critical issues for litigants and courts to address. This paper explicates the role of attribution science in climate-related takings cases. That science factors into plaintiffs' claims, government defenses, and judicial decisions. For the purposes of this analysis, this paper examines how marshalling the best available climate change attribution science could bolster governments' defenses of climate regulations. The next section reviews the legal framework for takings cases and provides a brief primer on attribution science. The paper then turns to three legal themes: (1) linking local mitigation to global impacts, (2) resetting expectations about how land can be used and, (3) relevant to flood control cases, the relative benefits conferred by imperfect flood control measures. As we shall see, attribution science has a clear and important role to play in how courts resolve climate change-related takings claims.

Utilizing the Foucauldian concepts of governmentality and technologies of the self, this qualitative action research study explored how power dynamics inherent in higher education can be recognized and resisted as first-year writing students journal on the transition to college (JTC). Conducted in a suburban community college in the Mid-Atlantic United States during the Spring 2020 semester, the study investigated how college is a feature of governmentality, how writing instructors' actions interrupt or reinforce college as governmentality, and if journaling on the transition to college acts as a technology of the self, in light of the ways college governs. Journal prompts provided students opportunities to critically reflect on the institution of college and their experience entering this new space. Foucauldian concepts were not taught, but they informed the journal design. Black feminist theory supplemented the Foucauldian theoretical framework to address factors of students' intersectional social identities emergent in JTC and relative to their experiences with power in college. Findings indicated students confront institutional power structures including economic power, grades, policies, and institutional White supremacy, all of which affect professors' role as authority figures. Underrepresented students experience power much differently than those belonging to dominant groups and JTC provides instructors with insight to interrupt oppressive power through feedback. Writing instructors' implementation of JTC allows them to disrupt governmentality and provides students a technology of the self through which they develop agency. Though disruptive, COVID-19 provided unexpected opportunities to apply Foucauldian concepts to teaching and learning during emergency remote instruction.

The shipping industry is a huge component of the world economy, and although it is often described as an efficient mode of transport, it still contributes as much carbon dioxide to the atmosphere as a major industrialized nation. Efficiency technologies and practices are available that would significantly lessen shipping's environmental impact, but "amazing loophole[s]" in international environmental law and a set of market failures have prevented them from being widely adopted. These problems have been studied before, but the public regulatory proposals being discussed run into steep, if not insurmountable obstacles. This Note argues that shipping inefficiency can be better addressed through private environmental governance. By operating privately, these forms of governance bypass the problems that traditional public regulation faces, allowing higher efficiency standards to be widely adopted without depending on political will. In so doing, private governance can better align the incentives of consumers, firms, and those firms' suppliers.

This study examines the role that communication plays in fostering trust and disclosure in electronic commerce exchanges. In particular, this research explores how characteristics of online vendors and consumers interact with Web site communications to affect consumer behavior online. The study relies on two relatively recent models of electronic exchange, the Internet consumer trust model and the electronic exchange model, to examine the effectiveness of certain trust and assurance mechanisms (i.e., privacy policies and seals), as well as e-tailer reputation and individuals' concern for privacy and data security, on trust and disclosure of personal information to commercial Web sites. Results suggest that the vendor characteristic of reputation is important in influencing e-tailer trust and that the content of privacy assurances do not affect trust or disclosure. The findings have important implications for both theoretical models of electronic exchange and for firms engaged in electronic commerce.

Evidence reviewed here suggests that people are motivated to achieve closure on news stories that are left unresolved by retrospectively inferring a plausible resolution to the issue or event using their cognitive schemata. Data from 264 respondents revealed that people do infer closure under certain circumstances, particularly when they are less involved in an issue. Interestingly, the results also show that when closure inferences are made, people tend to believe that the issue improved rather than worsened, lending support for the claim that people have a natural "positivity bias" and that, literally, no news is good news.

Introduction: Digital media, youth, and credibility / Miriam J. Metzger & Andrew J. Flanagin -- Digital media and youth : unparalleled opportunity and unprecedented responsibility / Andrew J. Flanagin & Miriam J. Metzger -- Toward a cognitive developmental approach to youth perceptions of credibility / Matthew S. Eastin -- College students' credibility judgments in the information seeking process / Soo Young Rieh and Brian Hilligoss -- Technology and credibility : cognitive heuristics cued by modality, agency, interactivity, and navigability / S. Shyam Sundar -- Trusting the Internet : new approaches to credibility tools / R. David Lankes -- Credibility of health information and digital media : new perspectives and implications for youth / Gunther Eysenbach -- Challenges to teaching credibility assessment in contemporary schooling / Frances Jacobson Harris -- Credibility, politics, and public policy / Fred W. Weingarten

'Ideology' is, admittedly, a slippery social scientific concept that comes with a heavy load of disparate theoretical baggage. However, we suggest, it is also an indispensable resource for the critical study of contemporary planning practice. In this paper, we attempt to develop a fresh way of approaching the study of ideological dynamics in contemporary planning practice by bringing together a post-foundational understanding of the domain of 'the ideological' with insights from the emerging, multidisciplinary research field of valuation studies and recent developments within critical planning studies. On this basis, the paper proposes an approach that operationalizes the ideological in a strictly functional manner based on empirical observations of the capacity of a statement or concept to defer, displace or diffuse political tensions at a particular time and place. Based on an understanding of ideological functioning as a situational and contextual phenomenon, we conclude that the 'ideological purchase', i.e. the emically perceived ideological use-value of various concepts, will be variable across time and space. Semiotic operators that generate ideological effects, such as linguistic concepts, can thus be perceived by their users to be more or less situationally effective in their ideological function, and hence be of more or less ideological value as tools to resolve tensions between and enable the mobilization of coalitions of actors at various times and places. It should thus be possible to empirically track the fluctuations in the ideological value of concepts, i.e. how well are they perceived by the relevant actors in their own contexts to do the job of staving off conflict and political friction; and further, to analyze what concepts are increasing or decreasing in ideological value at a specific time and place. In the paper we outline this novel approach to the analysis of ideological dynamics in planning and further provide an exploratory application of the approach on field material relating to the shifting ideological value of the concept of 'sustainability' within urban planning and strategy processes in Cambridge (UK) and Sydney (Australia).

This Article explores how private governance can reduce the climate effects of global civil aviation. The civil aviation sector is a major contributor to climate change, accounting for emissions comparable to a top ten emitting country. National and international governmental bodies have taken important steps to address civil aviation, but the measures adopted to date are widely acknowledged to be inadequate. Civil aviation poses particularly difficult challenges for government climate mitigation efforts. Many civil aviation firms operate globally, emissions often occur outside of national boundaries, nations differ on their respective responsibilities, and demand is growing rapidly. Although promising new technologies are emerging, they will take time to develop and adopt. This Article argues that private initiatives can overcome many of these barriers. Private initiatives can motivate civil aviation firms to act absent government pressure at the national level and can create pressure for mitigation that transcends national boundaries. The Article argues that it is time to develop a private climate governance agenda for civil aviation and identifies examples of the types of existing and new initiatives that could be included in the effort. If public and private policymakers can overcome the tendency to focus almost exclusively on public governance, private initiatives can yield large and prompt emissions reductions from global civil aviation, buy time for more comprehensive government measures, and complement the government measures when they occur.