Potential constitutional constraints on the regulation of flood plain development: three case studies
Bibliographic record
Abstract
The decision to allow intensive urbanisation in flood plains is a classic case of moral hazard. Urbanisation increases the risk that floods will damage property in the flood plain to the detriment of individual owners and other property owners. Efforts to control flood plain development collide with the two dominant theories of property rights. Property rights can either be characterised as prepolitical (John Locke) or a creation of the state (Thomas Hobbes). In either case, the Western liberal tradition prefers private property or places a burden on the state to justify regulation. Thus, flood plain property owners who are subject to severe restrictions will invoke the constitutional clause of property rights to invalidate any regulation. This article examines three constitutional regimes that offer a high, medium, and low proportion to property, United States, Germany, and Canada, to examine the impact of these regimes on flood plain regulation.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.007 | 0.014 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.004 |
| Science and technology studies | 0.008 | 0.009 |
| Scholarly communication | 0.005 | 0.002 |
| Open science | 0.002 | 0.003 |
| Research integrity | 0.004 | 0.004 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".