WGAR13 All Pages Low Reduced
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Property Outlaws Eduardo M
Cornell Law Library Scholarship@Cornell Law: A Digital Repository Cornell Law Faculty Publications Faculty Scholarship 5-1-2007 Property Outlaws Eduardo M. Peñalver Cornell Law School, [email protected] Sonia K. Katyal Fordham Law School Follow this and additional works at: http://scholarship.law.cornell.edu/facpub Part of the Criminal Law Commons, and the Property Law and Real Estate Commons Recommended Citation Peñalver, Eduardo M. and Katyal, Sonia K., "Property Outlaws" (2007). Cornell Law Faculty Publications. Paper 28. http://scholarship.law.cornell.edu/facpub/28 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Faculty Publications by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. PROPERTY OUTLAWS EDUARDO MOISitS PE&ALVERt & SONiA K. KATYAL" Most people do not hold those who intentionallyflout property laws in par- ticularly high regard. The overridingly negative view of the property lawbreaker as a "wrongdoer" comports with the status of property rights within our charac- teristically individualist, capitalist, political culture. This reflexively dim view of property lawbreakers is also shared, to a large degree, by property theorists, many of whom regard property rights as a relatively fixed constellation of enti- tlements that collectively produce stability and efficiency through an orderly sys- tem of ownership. In this Article, Professors Peihalverand Katyal seek partially to rehabilitate the reviled characterof the intentional property lawbreaker, and to show how property outlaws have played an important role in the evolution and transfer of property entitlements. -
Climate Change... Health) and the Community
THE JOURNAL OF THE SCHOOL OF FORESTRY & ENVIRONMENTAL STUDIES SPRING 2006 environment YALE Conservationists Thinking Big to Save the Last Great Places INSIDE: Gift for Land Conservation page 11 Spurring Action on Climate Change page 15 Developing World Gaining Access to Online Research page 19 letters To the Editor: Editor’s Note: Below are excerpts from national spokesman for taking meaningful, I read your article about forests as a a letter sent to Yale University President national action on climate change. remedy for global warming [“As a Remedy Richard Levin on February 7 and We believe that the president of Yale can to Global Warming, Do Forests Matter?,” President Levin’s response. get some attention, particularly if you turn Fall 2005] and was perplexed, because your own commitment to rallying the nowhere in the article was the fact that the Dear President Levin, commitments of the presidents of other carbon taken up by a tree part remains out We were struck by a juxtaposition of major U.S. universities to join you in calling of circulation as long as that tree part is two articles in the January 29 for meaningful action on climate change not degraded to its con- Washington Post, one a headline that reflects our most current scientific stituent molecules or article entitled “Debate on knowledge. elements. This should Climate Shifts to Issue of V. A LARIC SAMPLE be a major tenet of the Irreparable Change,” and the PRESIDENT tree-based sequestration other on how the State of the PINCHOT INSTITUTE WASHINGTON, D.C. argument, and it should Union address has become M.F. -
Let the Listings Begin
the word from WildEarth Guardians No. 10, Summer 2011 Let the Listings Begin Historic Agreement Will Give Hundreds of Endangered Species a Chance at Protection restoring the vision John Horning obody likes to wait — especially in the emergency room at the hospital, when every minute counts. But that’s exactly what’s happened for N hundreds of America’s most endangered, but as yet unprotected, plants and Mission stateMent animals. More than 250 species are currently waiting for what they need most: WildEarth Guardians protects and restores the wildlife, wild places, and wild rivers formal protection under the Endangered Species Act (ESA). of the American West. Most of these candidates have been waiting for more than 20 years for listing. And now, thanks to a historic legal settlement between WildEarth Board of dirEctors Peter Schoenburg, PrEsidEnt Guardians and the U.S. Fish and Wildlife Service (FWS), the wait is over — or Robin Smith, VicE PrEsidEnt at least soon to be over, now that there is finally a legally enforceable agreement Shannon Larsen, trEasurEr that will require the FWS to make decisions that could move 253 of these Todd Ringler, sEcrEtary imperiled species onto the protective ark that is the ESA. Another 600-plus Jess Alford Mark Rickman Mike Brown Vanessa Scurci species will also receive some attention moving them through the ESA listing Doug Erwin Jon Spar process. It’s going to take a little while because the waiting line grew and grew Stephanie Forrest Bill Syme longer under past administrations that ignored the problem. staff For species such as the greater sage-grouse, lesser prairie-chicken, lynx, Whitney Bacon, it Guru and Sonoran desert tortoise, the end to the waiting is long overdue. -
Indicators for Relational Values of Nature's Contributions to Good
Ecosystems and People ISSN: (Print) 2639-5916 (Online) Journal homepage: https://www.tandfonline.com/loi/tbsm22 Indicators for relational values of nature’s contributions to good quality of life: the IPBES approach for Europe and Central Asia Matthias Schröter, Esra Başak, Michael Christie, Andrew Church, Hans Keune, Elena Osipova, Elisa Oteros-Rozas, Stefanie Sievers-Glotzbach, Alexander P. E. van Oudenhoven, Patricia Balvanera, David González, Sander Jacobs, Zsolt Molnár, Unai Pascual & Berta Martín-López To cite this article: Matthias Schröter, Esra Başak, Michael Christie, Andrew Church, Hans Keune, Elena Osipova, Elisa Oteros-Rozas, Stefanie Sievers-Glotzbach, Alexander P. E. van Oudenhoven, Patricia Balvanera, David González, Sander Jacobs, Zsolt Molnár, Unai Pascual & Berta Martín-López (2020) Indicators for relational values of nature’s contributions to good quality of life: the IPBES approach for Europe and Central Asia, Ecosystems and People, 16:1, 50-69, DOI: 10.1080/26395916.2019.1703039 To link to this article: https://doi.org/10.1080/26395916.2019.1703039 © 2020 The Author(s). Published by Informa Published online: 10 Jan 2020. UK Limited, trading as Taylor & Francis Group. Submit your article to this journal Article views: 628 View related articles View Crossmark data Full Terms & Conditions of access and use can be found at https://www.tandfonline.com/action/journalInformation?journalCode=tbsm22 ECOSYSTEMS AND PEOPLE 2020, VOL. 16, NO. 1, 50–69 https://doi.org/10.1080/26395916.2019.1703039 REVIEW: THE SCIENCE-POLICY INTERFACE OF ECOSYSTEMS AND PEOPLE Indicators for relational values of nature’s contributions to good quality of life: the IPBES approach for Europe and Central Asia Matthias Schröter a,EsraBaşakb, Michael Christie c, Andrew Church d,HansKeunee,f, Elena Osipovag, Elisa Oteros-Rozash,i, Stefanie Sievers-Glotzbachj, Alexander P. -
Lomfeld 2017 Property
Bertram Lomfeld A Political Grammar of Property Law Preliminary Draft 02/2017 DELIBERATING PROPERTY: A POLITICAL GRAMMAR OF PROPERTY LAW Bertram Lomfeld 1 Political Properties: What? Who? Why? 2 Justificatory Reasons for Property 3 A Bundle of Property Rights 4 A Bundle of Property Duties 5 Property As Deliberation 6 Applying the Grammar: Some Tentative Case Studies Some people understand property as a natural human right. Meant to depoliticize property it is perhaps one of the most political arguments one could take. This paper is starting from an opposite perspective, i.e. fundamental value pluralism. Starting from value pluralism, it is impossible to define a ‘universal’ core of property either on a conceptual or a normative (justificatory) level. To understand property as a clear ‘human right’ might still allow for a conceptual ‘structural’ pluralism, 1 but it accepts only private autonomy and subjective freedom as justificatory basis. For an economic perspective, the core function of property rights is the internalization of social cost.2 So, it all depends on the perspective: ‘How one defines the core of property depends on what values one thinks property serves‘.3 This paper attempts to sketch a more freestanding genuinely pluralistic property theory relying on a ‘deliberative’ discourse theory.4 The strategy of a ‘deliberative legal theory’ is pragmatic and idealistic at the same time.5 Considering law as a constitutive structure of social cooperation, it analyzes social practices of law and theory discourses (scholarship, legislation and judicial cases). It deconstructs or ‘liquefies’ monistic normative principles or policies and tries to reconstruct them as an integrative yet plural ‘political grammar’ for legal argumentation. -
Scientist Letter to Senate on Natural Resources
Dear Senator, We the undersigned signatories, leading researchers and practitioners from the various biological and earth science disciplines, are writing to urge the Senate to pass legislation that will reduce U.S. greenhouse gas emissions and begin to substantively address the impacts of climate change on our communities, wildlands and wildlife this year. The science is clear: we must both reduce greenhouse gas pollutants and safeguard wildlife and natural resources already impacted from climate change. The time to act is now. The increase in human-caused emissions is responsible for driving climatic changes worldwide, and negatively impacting both human and natural systems. Climate change is already causing serious damage and disruptions to wildlife and natural ecosystems, threatening the collapse of natural systems that cross ecological or biological thresholds. This collapse will result in the loss of the environmental goods and services they provide to society, as well as the loss of the biological diversity that sustains their production. The warming of rivers, streams, lakes and wetland, the changes in natural disturbance regimes and increased incidence of pest and disease outbreaks, and changes in the seasonal timing of both plant and animal life history events such as reproduction, migration, and species ranges are disrupting ecological communities. Profound changes such as the melting polar ice caps and glaciers, acidification of the oceans, rise in sea levels, and an increasing incidence of intensified storms, drought and catastrophic fires will stress natural systems and have devastating implications for people, our treasured landscapes and wildlife. Wildlife, natural resource and water managers will be increasingly challenged by species assemblages and climate-related stressors that have never previously occurred. -
Contracting the Right to Roam
Contracting the Right to Roam Wallace McNeish and Steve Olivier © 2017, Palgrave Macmillan, reproduced with permission of Palgrave Macmillan This extract is taken from the author's original manuscript and has not been edited. The definitive, published, version of record is available in the Palgrave Handbook of Leisure Theory, edited by K. Spracklen et al., available from: http://www.palgrave.com/gp/book/9781137564788 Contracting the Right to Roam Wallace McNeish and Steve Olivier Introduction This chapter critically examines the issue of free recreational access to the environment – the right to roam, from the perspective of political philosophy. We begin by setting the right to roam within a comparative socio-legal context that indicates how ongoing social and economic change has moved it to centre stage in the increasingly contested sphere of what Rojek (2001; 2010) calls leisure politics. We then move on to consider the political- philosophical debate that has traditionally revolved around rights and duties pertaining to private property, and the conception of the social contract. In recent decades the emergence of environmental ethics – and in particular conceptions of environmental sustainability and environmental justice, have added extra dimensions of complexity to the philosophical terrain upon which the right to roam is contested. Two very different versions of the social contract will be juxtaposed to bring the key arguments into high relief. On the one hand we consider Hardin’s influential eco-Hobbesian Tragedy of the Commons (2000, [1968]) thesis. This positions human beings as possessive, selfish and competitive individuals who will inevitably be responsible for generalized environmental degradation, unless their restless desires (including to roam) are held in check by a coercive Green Leviathan. -
National Fish and Wildlife Foundation Draft Business Plan for the Path of the Pronghorn March 24, 2009
National Fish and Wildlife Foundation Draft Business Plan for the Path of the Pronghorn March 24, 2009 NFWF Pronghorn Biz Plan.indd 1 8/12/09 11:29:01 AM What Is a Business Plan? A business plan serves two broad, primary functions. First, it provides specific information to those (e.g., prospective investors) not familiar with the proposed or existing business, including its goals and the management strategy and financial and other resources necessary to attain those goals. Second, a business plan provides internal guidance to those who are active in the operation of the business, allowing all individuals to understand where the business is headed and the means by which it will get there. The plan helps keep the business from drifting away from its goals and key actions through careful articulation of a strategy. In the context of the National Fish and Wildlife Foundation’s conservation efforts, business plans represent the strategies necessary to meet the conservation goals of Keystone and other initia- tives. Each business plan emphasizes the type(s) and magnitude of the benefits that will be realized through the initiative, the monetary costs involved, and the potential obstacles (risks) to achieving those gains. Each of the Foundation’s business plans has three core elements: Conservation Outcomes: A concrete description of the outcomes to which the Foundation and grantees will hold ourselves accountable. Implementation Plan with Strategic Priorities and Performance Measures: A description of the specific strategies that are needed to achieve our conservation outcome and the quantitative measures by which we will measure success and make it possible to adaptively revise strategies in the face of underperformance. -
Natural Rights to Migration?
Draft only (and a very baggy and messy one at that). Please do not cite or quote without permission. Natural Rights to Migration? Christopher Bertram Department of Philosophy, University of Bristol [email protected] INTRODUCTION It is often claimed that states enjoy, as a consequence of their sovereign sta- tus, the right to control the passage of outsiders through their territory and that they have a discretion to admit or to refuse to admit outsiders, whether those outsiders be tourists, business travelers, would-be economic migrants, or even refugees. Or, to be more exact, such limitations on that right to control are derived from the agreement of states to treaties and conventions, agree- ment which they could have withheld and could yet revoke. As a statement of the legal position this is not completely uncontroversial,1 but my aim in this paper is not to make a contribution to international law or law at all. Rather, my concern is with political philosophy and with the issue of whether 1See, for elaboration the discussion in Nafziger (1983). 1 2 any state, or state-like entity, could, in fact, have the moral right to exclude foreigners who wish to enter its territory. Whilst some people think it obvious that states have such rights to con- trol and limit movement, to others, this claim can seem utterly mysterious. Borders are not natural features of the world – though they may track such features – and the idea that some people have the right to declare an arbi- trary line and the right to forbid others from crossing it, and that those others have the moral duty to comply and not to cross without permission can seem simply bizarre. -
POVERTY, PROTEST and SPORT: POACHING in the EAST MIDLANDS C.1820-C.1900 ROSEMARY MUGE, MA. Thesis Submitted to the University Of
POVERTY, PROTEST AND SPORT: POACHING IN THE EAST MIDLANDS c.1820-c.1900 ROSEMARY MUGE, MA. Thesis submitted to the University of Nottingham for the degree of Doctor of Philosophy October 2017 Abstract In the East Midlands counties of Derbyshire, Leicestershire and Nottinghamshire levels of poaching equalled or exceeded those in many counties which are thought of as prime poaching areas. Using principally Criminal Registers, Game Laws Returns to Parliament, and local newspapers of the period, this study shows that people poached from three motives: because they were poor; because poaching was a sport; and as a protest. Day and night poachers, including night poaching gangs frequently involved in affrays, pursued their activities undeterred by the efforts at prevention of the landowners, police and courts. Poaching here was predominantly for ground game and declined in the last quarter of the century, but continued to be a source of anger and frustration for game preservers and the authorities to the end of the period. The poaching war in these counties, waged in an area with large aristocratic estates but where extreme game preservation was viewed critically, was not perceived as impacting on law and order in general. This was unlike Lancashire, where the activities of poachers were regarded as being a threat to the fabric of society. The causes of these differences between the East Midlands and Lancashire were rooted in police practice, attitudes to game preservation, and differences in gentry sport and hunting. (Total words in thesis: 90,313) Acknowledgements Having begun to study history twenty years ago and finally submitted this thesis in retirement, there are many people to whom I am beholden. -
Rio Grande Shiner Petition Final
PETITION TO LIST THE Rio Grande Shiner (Notropis jemezanus) UNDER THE ENDANGERED SPECIES ACT Rio Grande shiner (Notropis jemezanus). Photo: Chad Thomas, Texas State University-San Marcos. Petition Submitted to the U.S. Secretary of the Interior Acting through the U.S. Fish and Wildlife Service Petitioner: WildEarth Guardians 2590 Walnut St. Denver, Colorado, 80205 (720) 443-2615 Address correspondence to: Taylor Jones [email protected] January 21, 2020 INTRODUCTION WildEarth Guardians (Guardians) respectfully requests that the Secretary of the Interior (Secretary), acting through the U.S. Fish and Wildlife Service (Service) list the Rio Grande shiner (Notropis jemezanus) as “threatened” or “endangered” under the U.S. Endangered Species Act (ESA) (16 U.S.C. §§ 1531-1544). Guardians also requests that the Service designate critical habitat for this species and timely develop a recovery plan. The Rio Grande shiner is a small-bodied freshwater fish endemic to the Rio Grande Basin. The shiner once thrived throughout the Rio Grande and Pecos River in New Mexico, Texas and Mexico, but is now rare. It has been extirpated from much of its range and is imperiled in its few remaining holdouts. For years, the Rio Grande shiner has had a very low population, and population numbers continue to decline. The Rio Grande shiner’s habitat and range have been greatly reduced, and based on current and future environmental threats, can be expected to continue shrinking unless the shiner is protected. Habitat loss and degradation are the main reasons the Rio Grande shiner’s populations have been and will continue to decline if not protected. -
C:\Users\Steven\Documents\Mckittrick\Second Amended Complaint.Wpd
Case 4:13-cv-00392-DCB Document 23 Filed 08/27/14 Page 1 of 26 Steven Sugarman New Mexico Bar No. 5717 347 County Road 55A Cerrillos, New Mexico 87010 (505) 672-5082 [email protected] Judy Calman New Mexico Bar No. 138206 142 Truman Street NE, Suite B-1 Albuquerque, New Mexico 87108 (505) 843-8696 [email protected] Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA TUCSON DIVISION WILDEARTH GUARDIANS and NEW ) MEXICO WILDERNESS ALLIANCE, ) ) Plaintiffs, ) ) No. 13-392-DCB vs. ) ) UNITED STATES DEPARTMENT OF ) SECOND AMENDED JUSTICE ) COMPLAINT FOR ) DECLARATORY AND Defendant. ) INJUNCTIVE RELIEF ) ) Case 4:13-cv-00392-DCB Document 23 Filed 08/27/14 Page 2 of 26 PRELIMINARY STATEMENT 1. The Mexican gray wolf ( Canis lupus baileyi ) once roamed by the thousands across portions of Arizona, New Mexico, Texas, and the Republic of Mexico. Federal eradication efforts – which were largely prompted by a desire to protect private livestock interests – began in earnest in 1915. After about fifteen years of trapping, shooting, and poisoning of adult wolves, and the “denning” of pup wolves (poisoning wolf pups in their dens or digging them out of dens and killing them), very few Mexican gray wolves remained in the wild in the United States. 2. In 1970, the last surviving Mexican gray wolf known to be living in the wild in the United States was killed in Arizona. 3. In 1976, the Mexican gray wolf was listed as an endangered species under the Endangered Species Act (“ESA”). 41 Fed.Reg. 17736 (April 28, 1976).