Denver University law review最新文献

Climate Change Challenges for Land Conservation: Rethinking Conservation Easements, Strategies, and Tools 气候变化对土地保护的挑战:重新思考保护地役权、策略和工具

Denver University law review Pub Date : 2018-07-23 DOI: 10.2139/SSRN.3218525

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

{"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}

引用次数: 7

In Search of a Forum for the Families of the Guantanamo Disappeared 为关塔那摩失踪者家属寻找一个论坛

Denver University law review Pub Date : 2012-04-30 DOI: 10.2139/SSRN.2010086

P. J. Honigsberg

{"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}

引用次数: 1

Democracy, Violence, and Constitutional Revision in the Shadow of Democratic Revolution Theory 民主革命理论阴影下的民主、暴力与修宪

Denver University law review Pub Date : 2011-12-05 DOI: 10.2139/SSRN.1968424

Tuan N. Samahon