The use of eminent domain in land assembly: The case of the Tennessee Valley Authority

Eminent domain gives public agencies the right to acquire property from private individuals in exchange for just compensation. Following Kelo vs. New London 2005, the powers of eminent domain were extended, opening the door for potential abuses of power by government officials. In this paper, I empirically investigate the use of eminent domain using newly digitized records from the Tennessee Valley Authority (TVA), which extensively used eminent domain to construct dams in the 1930s. Using a sample of families living in one reservoir location, I find empirical evidence that land tenure, the number of property holdings, and debt levels affected the holdout decision, suggesting that holdouts are individuals with high subjective values. I then develop a screening model with asymmetric information in seller valuations to predict when eminent domain will be used and what settlement values and court awards would be. I test the model’s and find that individuals who held out increased their property value by about 5 %, and incentives to holdout existed only for individuals who received initially low settlement proposals.     

Mental Capacity as Metaphor<Superscript>*</Superscript>

Mental capacity is a foundational concept in contract law, but the term is metaphorical, and a detailed analysis of three representative judicial opinions shows that the explanations that courts give of the term are equally metaphorical. As such, the term illustrates well the cognitivist view that abstract concepts arise through an imaginative but orderly projection from the domain of bodily and social experience. Legal Realists such as Felix Cohen condemned metaphors for their supposed failure to constrain judges, but recent empirical work suggests that metaphorical thinking is indeed constrained, and accordingly thinkers such as Cohen would probably in fact have welcomed cognitive analysis of law, both for its methods and for its substantively progressive disposition. ^*I am grateful to Andrea Coles-Bjerre, Mark Johnson, Jim Mooney, and Steve Winter for insightful comments on a draft of this article, to Stephen Morse for insightful commentary at a panel of the International Congress on Law and Mental Health in Amsterdam, and to participants at the International Roundtables for the Semiotics of Law in Lyon, the American Association of Applied Linguistics in Portland, and the Association for the Study of Law, Culture and the Humanities in Austin. For much-appreciated editorial support I thank Sophie Cacciaguidi-Fahy and Anne Wagner, and for financial support I thank the Luvaas Faculty Fellowship Endowment Fund.     

Human Identification via Lateral Patella Radiographs: A Validation Study,

This research examines the utility of patella outline shape for matching 3D scans of patellae to knee radiographs using elliptical Fourier analysis and subjective methods of human visual comparison of patellae across radiographs for identification purposes. Repeat radiographs were captured of cadaver's knees for visual comparison before patellae were extracted and skeletonized for quantitative comparisons. Quantitative methods provided significant narrowing down of the candidate pool to just a few potential matches (<5% of original sample), while the human analysts showed high capacity for correctly matching radiographs, irrespective of educational level (positive predictive value = 99.8%). The successful computerized matching based on a single quantified patella trait (outline shape) helps explain the potency achieved by subjective visual examination. This work adds to a growing body of studies demonstrating the value of single isolated infracranial bones for human identification via radiographic comparison.     

Commode Cardia—Death by Valsalva Maneuver: A Case Series

The Valsalva maneuver is used in clinical medicine for the diagnosis and/or treatment of various cardiovascular conditions. It can also be used in activities of daily living, such as defecation. Due to the cardiovascular effects produced during the Valsalva maneuver, it may be contraindicated in certain medical conditions and could be a trigger of sudden cardiac death. The incidence and prevalence of death following Valsalva maneuver in the presence of underlying cardiovascular disease, or “commode cardia,” has not been examined. In 2012, the Wayne County Medical Examiner's Office (Detroit, MI) investigated 21 deaths that occurred on the toilet, fourteen of which were due to cardiovascular disease. In another 31 deaths in the bathroom due to cardiovascular disease, the possibility that the decedent defecated immediately prior to death could not be excluded. Hence, the incidence of commode cardia in this population ranges from 2.3 to 7.4% of all cardiovascular‐related deaths.