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Can regulatory takings litigation cause a chilling effect? A study of law and federal environmental regulation
No full textThe classical story of regulatory takings litigation, which demands compensation under the Fifth Amendment from regulatory agencies which restrict property use and/or development, predicts that such litigation can cause a chilling effect, or a reduction in an agency's regulatory output, to offset and/or avoid such compensatory demands. Such predictions are based on assumptions rooted in economic analyses of law and regulatory behavior. Quantitative, qualitative, theoretical, and legal analyses were conducted on takings litigation involving two federal environmental programs, the Endangered Species Act and the Surface Mining Control and Reclamation Act, to test the acceptability of such assumptions. By interpreting such litigation through the lens of legal pluralism, an anthropological approach to the study of law when multiple legal traditions exist in the same space and time, the nature of takings litigation as a dialectic and hermeneutic evolution between the constitutional codification of property rights and the common law traditions of nuisance and public welfare is revealed. Regulatory takings law is, therefore, not an economic equation determining some restrictions compensable and others not; it is a fluid body of law, heavily determined by contexts of meaning which, themselves, change over time and place. From this perspective, the perceptions of regulatory agents become central, as the likelihood of a chilling effect is dependent upon their perceptions of their own powers and responsibilities under takings jurisprudence and their enabling statutes. Interviews with such personnel revealed that any chilling effect caused by takings litigation must overcome institutional constraints which shape those agents' perceptions and awareness of takings and environmental legal rights and responsibilities. These institutions include the external and internal fragmentation of regulatory decision-making, the presence of an agency culture of enforcement, the particulars of the relationship between the regulators and the regulated, and the effect of a maintained regulatory presence of the program, shaping the perceived acceptability of property restraints necessary for successful implementation.Ph.D.Includes bibliographical references (p. 238-245)
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Regulatory takings and the environment ::the impact of property rights litigation /
No full textYou Say Takings, and I Say Takings: The History and Potential of Regulatory Takings Challenges to the Endangered Species Act
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Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
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