W. Weeks, Jessica Owley, Federico Cheever, A. Rissman, Rebecca Shaw, W. Weeks, M. R. Shaw, Barton H. Thompson, Jessica Owley, Federico Cheever, A. Rissman, M. R. Shaw, Barton H. Thompson
Climate change has significant consequences for land conservation. Government agencies and nonprofit land trusts heavily rely on perpetual conservation easements. However, climate change and other dynamic landscape changes raise questions about the effectiveness and adaptability of permanent conservation instruments like conservation easements. Building upon a study of 269 conservation easements and interviews with seventy conservation-easement professionals in six different states, we examine the adaptability of conservation easements to climate change. We outline four potential approaches to enhance conservation outcomes under climate change: (1) shift land-acquisition priorities to account for potential climate-change impacts; (2) consider conservation tools other than perpetual conservation easements; (3) ensure that the terms of conservation easements permit the holder to adapt to climate change successfully; and (4) provide for more active stewardship of conservation lands. There is still a good deal of uncertainty as to the legal fate of a conservation easement that no longer meets its original purposes. Many state laws provide that conservation easements can be modified or terminated in the same manner as traditional easements. Yet, conservation easements are in many ways unlike other easements. The beneficiary is usually the public, not merely a neighboring landowner, and the holder is always a non-profit conservation organization or a government agency. Thus, there is a case to be made for adaptive protection. An overly narrow focus on perpetual property rights could actually thwart efforts to meet adaptation needs over the long term. We call for careful attention to ensuring conservation outcomes in dynamic landscapes over time.
{"title":"Climate Change Challenges for Land Conservation: Rethinking Conservation Easements, Strategies, and Tools","authors":"W. Weeks, Jessica Owley, Federico Cheever, A. Rissman, Rebecca Shaw, W. Weeks, M. R. Shaw, Barton H. Thompson, Jessica Owley, Federico Cheever, A. Rissman, M. R. Shaw, Barton H. Thompson","doi":"10.2139/SSRN.3218525","DOIUrl":"https://doi.org/10.2139/SSRN.3218525","url":null,"abstract":"Climate change has significant consequences for land conservation. Government agencies and nonprofit land trusts heavily rely on perpetual conservation easements. However, climate change and other dynamic landscape changes raise questions about the effectiveness and adaptability of permanent conservation instruments like conservation easements. Building upon a study of 269 conservation easements and interviews with seventy conservation-easement professionals in six different states, we examine the adaptability of conservation easements to climate change. We outline four potential approaches to enhance conservation outcomes under climate change: (1) shift land-acquisition priorities to account for potential climate-change impacts; (2) consider conservation tools other than perpetual conservation easements; (3) ensure that the terms of conservation easements permit the holder to adapt to climate change successfully; and (4) provide for more active stewardship of conservation lands. There is still a good deal of uncertainty as to the legal fate of a conservation easement that no longer meets its original purposes. Many state laws provide that conservation easements can be modified or terminated in the same manner as traditional easements. Yet, conservation easements are in many ways unlike other easements. The beneficiary is usually the public, not merely a neighboring landowner, and the holder is always a non-profit conservation organization or a government agency. Thus, there is a case to be made for adaptive protection. An overly narrow focus on perpetual property rights could actually thwart efforts to meet adaptation needs over the long term. We call for careful attention to ensuring conservation outcomes in dynamic landscapes over time.","PeriodicalId":81088,"journal":{"name":"Denver University law review","volume":"95 1","pages":"727-779"},"PeriodicalIF":0.0,"publicationDate":"2018-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48104571","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The United States government has committed grave human rights violations by disappearing people during the past decade into the detention camps in Guantanamo Bay, Cuba. And for nearly thirty years, beginning with a 1983 decision from a case arising in Uruguay, there has been a well-developed body of international law establishing that parents, wives and children of the disappeared suffer torture, or cruel, inhuman or degrading treatment (CID). This paper argues that the rights of family members were severely violated when their loved ones were disappeared into Guantanamo. Family members of men disappeared by the United States have legitimate claims for torture or CID against the government under both international law and American law. However, rather than providing a forum to address the plaintiffs' sufferings of egregious human rights violations, the United States seeks to block all claims and evade accountability. In skirting claims, the United States has proven to be a powerful and skilled adversary both domestically and internationally. My work with the Witness to Guantanamo project -- in which we have filmed full-length interviews of former detainees and others, including military and government officials who have lived or worked in Guantanamo and family members of former detainees -- has inspired me to write this article, and informs its content. Our nation must address its human rights violations.
{"title":"In Search of a Forum for the Families of the Guantanamo Disappeared","authors":"P. J. Honigsberg","doi":"10.2139/SSRN.2010086","DOIUrl":"https://doi.org/10.2139/SSRN.2010086","url":null,"abstract":"The United States government has committed grave human rights violations by disappearing people during the past decade into the detention camps in Guantanamo Bay, Cuba. And for nearly thirty years, beginning with a 1983 decision from a case arising in Uruguay, there has been a well-developed body of international law establishing that parents, wives and children of the disappeared suffer torture, or cruel, inhuman or degrading treatment (CID). This paper argues that the rights of family members were severely violated when their loved ones were disappeared into Guantanamo. Family members of men disappeared by the United States have legitimate claims for torture or CID against the government under both international law and American law. However, rather than providing a forum to address the plaintiffs' sufferings of egregious human rights violations, the United States seeks to block all claims and evade accountability. In skirting claims, the United States has proven to be a powerful and skilled adversary both domestically and internationally. My work with the Witness to Guantanamo project -- in which we have filmed full-length interviews of former detainees and others, including military and government officials who have lived or worked in Guantanamo and family members of former detainees -- has inspired me to write this article, and informs its content. Our nation must address its human rights violations.","PeriodicalId":81088,"journal":{"name":"Denver University law review","volume":"90 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2012-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67848891","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This response essay identified two objections to Richard Albert’s paper Democratic Revolution and his theory of democratic revolution. First, it observes that democracy is but one desirable aspect of governance and its overemphasis is in considerable tension with the protection of minority interests and the consensus-seeking features of constitutionalism. Second, contrary to Albert's claim, violence and its threat often do attend revolution - whether or not violence or its threat is a defining characteristic of revolution. In light of the undesirability of crass majoritarianism and revolutionary violence, this essay considers whether Albert’s theory could be accommodated either by interpretation-as-amendment or by the Article V method for amending the document. The response concludes that neither would suffice to satisfy the demands of Albert’s democratic revolutionary theory.
{"title":"Democracy, Violence, and Constitutional Revision in the Shadow of Democratic Revolution Theory","authors":"Tuan N. Samahon","doi":"10.2139/SSRN.1968424","DOIUrl":"https://doi.org/10.2139/SSRN.1968424","url":null,"abstract":"This response essay identified two objections to Richard Albert’s paper Democratic Revolution and his theory of democratic revolution. First, it observes that democracy is but one desirable aspect of governance and its overemphasis is in considerable tension with the protection of minority interests and the consensus-seeking features of constitutionalism. Second, contrary to Albert's claim, violence and its threat often do attend revolution - whether or not violence or its threat is a defining characteristic of revolution. In light of the undesirability of crass majoritarianism and revolutionary violence, this essay considers whether Albert’s theory could be accommodated either by interpretation-as-amendment or by the Article V method for amending the document. The response concludes that neither would suffice to satisfy the demands of Albert’s democratic revolutionary theory.","PeriodicalId":81088,"journal":{"name":"Denver University law review","volume":"89 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.1968424","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67818155","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-01-01DOI: 10.1163/2210-7975_hrd-1174-2015001
Erwin Chemerinsky
One crucial aspect of the Roberts Court's decision making has been its systematically closing the courthouse doors to those suing corporations, to those suing the government, to criminal defendants, and to plaintiffs in general. Taken together, these separate decisions have had a great cumulative impact in denying access to the courts to those who claim that their rights have been violated. The Roberts Court often has been able to achieve substantive results favored by conservatives through these procedural devices.
{"title":"Closing the Courthouse Doors","authors":"Erwin Chemerinsky","doi":"10.1163/2210-7975_hrd-1174-2015001","DOIUrl":"https://doi.org/10.1163/2210-7975_hrd-1174-2015001","url":null,"abstract":"One crucial aspect of the Roberts Court's decision making has been its systematically closing the courthouse doors to those suing corporations, to those suing the government, to criminal defendants, and to plaintiffs in general. Taken together, these separate decisions have had a great cumulative impact in denying access to the courts to those who claim that their rights have been violated. The Roberts Court often has been able to achieve substantive results favored by conservatives through these procedural devices.","PeriodicalId":81088,"journal":{"name":"Denver University law review","volume":"90 1","pages":"317"},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64560947","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
One of the central problems of contracts jurisprudence is the conflict between autonomy theories of contract and efficiency theories of contract. One approach to solving this conflict is to argue that in the realm of contracts between corporations, autonomy theories have nothing to say because corporations are not real people with whose autonomy we need to be concerned. While apparently powerful, this argument ultimately fails because it implicitly assumes theories of the corporation at odds with economic theories of law. Economics, in turn, offers a vision of the firm that is quite hospitable to autonomy theories of contract. The failure of this argument suggests that a more fruitful avenue for reconciling these competing approaches is to find a principled way of integrating them into a single theory.
{"title":"Corporations and Autonomy Theories of Contract: A Critique of the New Lex Mercatoria","authors":"Nathan B. Oman","doi":"10.2139/SSRN.681728","DOIUrl":"https://doi.org/10.2139/SSRN.681728","url":null,"abstract":"One of the central problems of contracts jurisprudence is the conflict between autonomy theories of contract and efficiency theories of contract. One approach to solving this conflict is to argue that in the realm of contracts between corporations, autonomy theories have nothing to say because corporations are not real people with whose autonomy we need to be concerned. While apparently powerful, this argument ultimately fails because it implicitly assumes theories of the corporation at odds with economic theories of law. Economics, in turn, offers a vision of the firm that is quite hospitable to autonomy theories of contract. The failure of this argument suggests that a more fruitful avenue for reconciling these competing approaches is to find a principled way of integrating them into a single theory.","PeriodicalId":81088,"journal":{"name":"Denver University law review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2005-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67797661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The right to privacy of medical records: balancing competing expectations.","authors":"Joel Glover, Erin Toll","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":81088,"journal":{"name":"Denver University law review","volume":"79 4","pages":"540-5, 553, 556"},"PeriodicalIF":0.0,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24975963","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The law of the sacred cow: sacrificing the First Amendment to defend abortion on demand.","authors":"C Lugosi","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":81088,"journal":{"name":"Denver University law review","volume":"79 1","pages":"91-135"},"PeriodicalIF":0.0,"publicationDate":"2001-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22403000","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Exploitation and commercial surrogacy.","authors":"A Wertheimer","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":81088,"journal":{"name":"Denver University law review","volume":" ","pages":"1215-29"},"PeriodicalIF":0.0,"publicationDate":"1997-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25821368","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Coercion and mental health treatment.","authors":"B J Winick","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":81088,"journal":{"name":"Denver University law review","volume":" ","pages":"1145-68"},"PeriodicalIF":0.0,"publicationDate":"1997-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25236859","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"In re Romero: sterilization and competency.","authors":"J Marcus","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":81088,"journal":{"name":"Denver University law review","volume":" ","pages":"105-18"},"PeriodicalIF":0.0,"publicationDate":"1991-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25286496","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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