What Owners Want and Governments Do - Evidence from the Oregon Experiment
In 2004, Oregonians approved ballot Measure 37 by 61% to 39%. The measure answered the calls of critics of contemporary takings jurisprudence by requiring either compensation for losses caused by land use restrictions imposed after acquisition of the property or waivers of the restrictions. Three years later, voters acted to repeal most of Measure 37 by an even greater margin. Together the birth, brief life, and rapid demise of Measure 37 comprise an unusual natural experiment in property law. The results of this experiment go to the heart of debates about regulatory takings in property law and policy. First, the Oregon experience resulted in a sea change in owners’ understandings of property rights. The 2004 vote reflected the popular understanding of land use restrictions as invasions of property rights. Faced with effective repeal of those restrictions, as reflected in passionate testimony before the Oregon legislature, Oregonians came to see the regulations as in fact an important source of property rights. In effect Measure 37 brought the background government and community support on which property rights depend into the foreground of owners’ consciousness. Second, government responses to Measure 37 challenged arguments that compensation will dispel the fiscal illusion under which governments operate and result in more efficient regulation. Rather than weigh costs and benefits, in all but one of thousands of cases, the government waived the regulations rather than compensate. These decisions were made without analysis of the benefits of the regulations waived, and despite predictably negative results. Finally, the thousands of claims and research catalyzed by these claims complicated questions of the compensation to which owners are justly entitled. While limited, therefore, the Oregon experiment provided valuable grounded evidence for the continuing debate about takings law and the ways that property mediates the relationships between individuals, communities, and the state.
An Introduction to Property Theory: Utilitarian Property Theories
As a leading property law casebook puts it, “[u]tilitarian theory is, without doubt, the dominant view of property today, at least among lawyers.” This is certainly true, but the story is also significantly more complicated. Although utilitarian analysis provides tremendous insight into the institution of property, it raises a number of important questions when treated as a comprehensive theory of property. Moreover, the term utilitarian masks a great deal of intellectual and methodological diversity. Rather than a single utilitarian theory, it is more appropriate to speak of a number of utilitarian (or even utilitarian-influenced) property theories . For our purposes, these utilitarian-influenced theories include many contemporary theories that refer to themselves as economic or welfarist . In this chapter, we will explore the broad outlines of these theories, focusing on their points of overlap and also on key areas of disagreement. A BRIEF INTRODUCTION TO UTILITARIANISM Utilitarianism is a consequentialist moral philosophy, that is, one that judges the rightness and wrongness of actions or rules or institutions by the goodness and badness of the consequences they bring about. Utilitarianism assesses the goodness or badness of consequences in terms of their tendency to maximize utility or welfare. Bernard Williams has observed that “[t]he fathers of utilitarianism thought of it principally as a system of social and political decision,” as opposed to “a system of personal morality.” As Williams correctly notes, it is sometimes hard to keep these two domains apart. Nevertheless, it is plainly as a theory of social choice that utilitarianism has been deployed in the context of property theory.
Fault Diagnosis and CAN Bus/Ethernet Redundancy Design of a Monitoring and Control System
The ship monitoring system is used to monitor and control the working status of various equipment on the ship. The navigational safety of the ship is affected directly by the stable working of the monitoring system. In this paper, a ship monitoring system with fault-type judgment function and bus redundancy is designed to improve system reliability and reduce fault checking cost. A redundant Ethernet/CAN bus communication network is constructed in the system, which connects multiple simulation nodes. The simulation node can simulate the faults that may occur during the communication process and feeds back the fault information to the host computer. The host computer will analyze and display the corresponding fault type on the user interface with the feedback information is received. The system reconfigures the network route autonomously when the simulation node has a communication fault. Routing of fault nodes can be switched to redundant routing, and the load balancing of the communication network can be maintained. Through experimental tests, the system can accurately locate faults and achieve fast switching of redundant routes between buses. Hence, the reliability of data transmission is improved.