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Articles 1 - 30 of 54
Full-Text Articles in Law
Zoning For Conservation Easements, Jesse J. Richardson Jr., Amanda C. Bernard
Zoning For Conservation Easements, Jesse J. Richardson Jr., Amanda C. Bernard
Law and Contemporary Problems
Richardson and Bernard talk about zoning for conservation easements. Most conservation easements are perpetual and may have a huge impact on the land use in a community. With few exceptions, however, conservation easements have not been incorporated in any meaningful way into local land-use planning.
A Tradable Conservation Easement For Vulnerable Conservation Objectives, W. William Weeks
A Tradable Conservation Easement For Vulnerable Conservation Objectives, W. William Weeks
Law and Contemporary Problems
Weeks talks about tradable conservation easement for vulnerable conservation objectives. The critical conservation objectives in some conservation easements will probably be compromised by the effects of climate change in the relatively near future. Conservation easements broadly intended and drafted to serve those kinds of general purposes are, as a group, unlikely to be so acutely affected by changing ecological conditions that their broad purposes will cease, over time, to be served.
Foreword, James L. Olmsted
Foreword, James L. Olmsted
Law and Contemporary Problems
The land trust community and governments at all levels have become married to conservation easements as their land conservation tool of choice. The numbers speak for themselves: as of the date of this writing, there were reportedly 1,700 land trusts that have protected twelve million acres of land by use of conservation easements. The bulk of this growth both in conservation easements and the land trusts that deploy them has occurred since the 1980s when federal income tax incentives became more fully utilized by conservation easement donors. But the parties to this marriage have become complacent and inattentive in the …
Conservation Easements And Perpetuity: Till Legislation Do Us Part, Richard Brewer
Conservation Easements And Perpetuity: Till Legislation Do Us Part, Richard Brewer
Law and Contemporary Problems
Brewer talks about conservation easements and perpetuity. Although conservation easements have many appealing features, their drawbacks have caused some observers to see the heavy reliance on them by land trusts as a weakness with possibly serious consequences. The protection provided may be fragile or, at least, of unproven dependability.
The Invisible Forest: Conservation Easement Databases And The End Of The Clandestine Conservation Of Natural Lands , James L. Olmsted
The Invisible Forest: Conservation Easement Databases And The End Of The Clandestine Conservation Of Natural Lands , James L. Olmsted
Law and Contemporary Problems
Olmsted talks about "invisible forest" refers to forest lands -- and, for that matter, any other land types -- protected by a perpetual conservation easement, the existence and location of which are concealed from the public, whether deliberately or because of the opaque nature of the easement process. Because easements, like other forms of deeds, must be recorded at the local land registry or recorder's office, they can never be made undiscoverable. But, despite the efforts of some states and conservation organizations to compile conservation easement data for public consumption, there are few functional systems that comprehensively track and provide …
Evaluating Conservation Effectiveness And Adaptation In Dynamic Landscapes, Adena R. Rissman
Evaluating Conservation Effectiveness And Adaptation In Dynamic Landscapes, Adena R. Rissman
Law and Contemporary Problems
Rissman talks about evaluating conservation easement effectiveness requires interdisciplinary research that reaches beyond legal analysis to examine how easements influence human behaviors, which subsequently influence environmental conditions. Conservation easement effectiveness is not a fixed target, but is influenced over time by social and ecological landscape change. The promise of perpetuity is central to the appeal of conservation easements within the conservation movement.
Conservation Easements And The Doctrine Of Merger, Nancy A. Mclaughlin
Conservation Easements And The Doctrine Of Merger, Nancy A. Mclaughlin
Law and Contemporary Problems
McLaughlin talks about conservation easements and the doctrine of merger. This article explains that merger generally should not occur in such cases because the unity of ownership that is required for the doctrine to apply typically will not be present. For merger to occur, the two estates must be in the same person at the same time and in the same right.
Conservation Easements As Tools To Achieve Regulatory Environmental Goals, Laurie A. Wayburn
Conservation Easements As Tools To Achieve Regulatory Environmental Goals, Laurie A. Wayburn
Law and Contemporary Problems
Wayburn talks about conservation easements as tools to achieve regulatory environmental goals. The traditional approach to protecting public-trust resources, such as wildlife found on private lands, is predominantly regulatory and proscriptive. Environmental regulation -- such as the Endangered Species Act, Clean Water Act, or Clean Air Act -- has focused on restricting or prohibiting resource management by landowners.
Exploring Net Benefit Maximization: Conservation Easements And The Public-Private Interface, Julie Ann Gustanski, John B. Wright
Exploring Net Benefit Maximization: Conservation Easements And The Public-Private Interface, Julie Ann Gustanski, John B. Wright
Law and Contemporary Problems
Gustanski and Wright talk about conservation easements and the public-private interface. The ease of application across varied lands coupled with the financial and tax-associated benefits of conservation easements have driven the popularity of their use in conserving private lands across the US. Conservation easements typically require sizeable public funding resources, which are provided through either direct public expenditures via diverse public programs established to promote the conservation of land or through tax benefits.
Conservation Easement Reform: As Maine Goes Should The Nation Follow? , Jeff Pidot
Conservation Easement Reform: As Maine Goes Should The Nation Follow? , Jeff Pidot
Law and Contemporary Problems
No abstract provided.
Conservation Easements At The Climate Change Crossroads, Jessica Owley
Conservation Easements At The Climate Change Crossroads, Jessica Owley
Law and Contemporary Problems
Owley discusses the conundrum that occurs when climate change leads to a landscape that conflicts with conservation easement terms. A conservation easement that is too changeable endangers the perpetual protection that is the cornerstone of conservation easements. But, forcing the landscape to fit a conservation easement requires active management, something more often associated with fee-simple ownership.
Incentives For Conservation Easements: The Charitable Deduction Or A Better Way , Daniel Halperin
Incentives For Conservation Easements: The Charitable Deduction Or A Better Way , Daniel Halperin
Law and Contemporary Problems
Halperin talks about tax-policy concerns relating to the charitable deduction for conservation easement donations. The conflict of interest between charity and other owners raises a concern that the charitable deduction would not reflect the ultimate charitable benefit. The deduction for conservation easements is the principal exception to this rule despite the significant potential for abuse and the distinct possibility that the public benefit may be less than anticipated.
Apologies In The Healthcare System: From Clinical Medicine To Public Health, Michal Alberstein, Nadav Davidovitch
Apologies In The Healthcare System: From Clinical Medicine To Public Health, Michal Alberstein, Nadav Davidovitch
Law and Contemporary Problems
Alberstein and Davidovitch explore the role of apologies in healthcare systems from a broader perspective. The significance of apology in terms of social solidarity is addressed and the ways in which each apology situation entails a clash between cultural identities are demonstrated. The debate on apology is explored by presenting a public health perspective of apologies following collective traumatic events such as the application of sterilization laws or flawed human experimentations in various settings.
Medical Malpractice Mediation: Benefits Gained, Opportunities Lost , Carol B. Liebman
Medical Malpractice Mediation: Benefits Gained, Opportunities Lost , Carol B. Liebman
Law and Contemporary Problems
Liebman reviews two recent studies evaluating the use of interest-based mediation to resolve medical malpractice claims. The first studied cases brought against the New York City Health and Hospitals Corporation, and the second, Mediating Suits against Hospitals, studied cases brought against private New York City hospitals. How non-participation of physicians in mediations diminishes opportunities to achieve noneconomic goals that plaintiffs desire is analyzed.
A “Principled Resolution”: The Fulcrum For Bioethics Mediation, Nancy Neveloff Dubler
A “Principled Resolution”: The Fulcrum For Bioethics Mediation, Nancy Neveloff Dubler
Law and Contemporary Problems
The concept of a "principled resolution" is the foundation for bioethics mediation. Dubler presents the core bioethical principles that support the creation of principled resolutions as fulcrums for resolving disagreements in the healthcare setting. These disputes may arise among medical providers, between medical providers and patients, or among members of a patient's family and can be managed or resolved by bioethics mediation using the conceptual tool of a principled resolution.
Experimenting With Alternative Dispute Resolution As A Means For Peaceful Resolution Of Interest Labor Disputes In Public Healthcare—A Case Study , Mordehai (Moti) Mironi
Experimenting With Alternative Dispute Resolution As A Means For Peaceful Resolution Of Interest Labor Disputes In Public Healthcare—A Case Study , Mordehai (Moti) Mironi
Law and Contemporary Problems
Mironi examines the dispute between the Israel Medical Association and the Israeli government. Drawing upon in-depth interviews with the arbitrators and the parties' representatives and counsels, as well as upon the extensive litigation and transcripts of the arbitration proceedings and award, the process-oriented aspects of the arbitration are emphasized. The disputes between the IMA and the government have never been only about money, but also have been about voice, the future status of public healthcare, and the doctors' professional quality of life.
Scaling Up Deliberative Democracy As Dispute Resolution In Healthcare Reform: A Work In Progress , Carrie Menkel-Meadow
Scaling Up Deliberative Democracy As Dispute Resolution In Healthcare Reform: A Work In Progress , Carrie Menkel-Meadow
Law and Contemporary Problems
No abstract provided.
Is There An App For That? Electronic Health Records (Ehrs) And A New Environment Of Conflict Prevention And Resolution, Ethan Katsh, Norman Sondheimer, Prashila Dullabh, Samuel Stromberg
Is There An App For That? Electronic Health Records (Ehrs) And A New Environment Of Conflict Prevention And Resolution, Ethan Katsh, Norman Sondheimer, Prashila Dullabh, Samuel Stromberg
Law and Contemporary Problems
Katsh discusses the new problems that are a consequence of a new technological environment in healthcare, one that has an array of elements that makes the emergence of disputes likely. Novel uses of technology have already addressed both the problem and its source in other contexts, such as e-commerce, where large numbers of transactions have generated large numbers of disputes. If technology-supported healthcare is to improve the field of medicine, a similar effort at dispute prevention and resolution will be necessary.
Rationalizing Noneconomic Damages: A Health-Utilities Approach, David M. Studdert, Allen Kachalia, Joshua A. Salomon, Michelle M. Mello
Rationalizing Noneconomic Damages: A Health-Utilities Approach, David M. Studdert, Allen Kachalia, Joshua A. Salomon, Michelle M. Mello
Law and Contemporary Problems
Studdert et al examine why making compensation of noneconomic damages in personal-injury litigation more rational and predictable is socially valuable. Noneconomic-damages schedules as an alternative to caps are discussed, several potential approaches to construction of schedules are reviewed, and the use of a health-utilities approach as the most promising model is argued. An empirical analysis that combines health-utilities data created in a previous study with original empirical work is used to demonstrate how key steps in construction of a health-utilities-based schedule for noneconomic damages might proceed.
Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical-Malpractice Claims In Florida , Mirya Holman, Neil Vidmar, Paul Lee
Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical-Malpractice Claims In Florida , Mirya Holman, Neil Vidmar, Paul Lee
Law and Contemporary Problems
Holman et al draw attention to the frequent and complicated evidentiary problems in medical malpractice claims and the procedural mechanisms provided by statutes, court rules, and case law that are already in place to facilitate claim resolution. While proposed alternative dispute resolution (ADR) procedures might well provide better resolutions to medical malpractice claims, they must take into consideration both the unique characteristics of medical malpractice disputes and existing mechanisms for resolving these disputes. The profile of the settlements of Florida medical-malpractice claims provides a structure with which any proposals for ADR must contend.
Escaping The Shadow Of Malpractice Law, Orna Rabinovich-Einy
Escaping The Shadow Of Malpractice Law, Orna Rabinovich-Einy
Law and Contemporary Problems
Abinovich-Einy addresses several constituencies operating at the meeting point of alternative dispute resolution (ADR), communication theory, healthcare policy, and medical-malpractice doctrine. From an ADR perspective, the need for, and barriers to, addressing non-litigable disputes, for which the "alternative" route is the only one, is explored. It is shown that ADR mechanisms may not take root when introduced into an environment that is resistant to collaborative and open discourse without additional incentives and measures being adopted.
Foreword, Orna Rabinovich-Einy
Foreword, Orna Rabinovich-Einy
Law and Contemporary Problems
The U.S. healthcare system has undergone dramatic changes in the past year, which will have a profound impact on American society. While the "Patient Protection and Affordable Care Act of 2010" seeks to ensure healthcare coverage for the vast majority of Americans, controversies relating to scope of coverage, cost and course of treatment chosen, quality of care rendered, healthcare staff demeanor, and bioethical dilemmas are bound to persist. Indeed, in all likelihood, these controversies will even expand with the growth in the number of healthcare recipients under the federal scheme. Moreover, the changes introduced through the U.S. healthcare reform act …
Open Doors, Trap Doors, And The Law, Shmuel I. Becher, Tal Z. Zarsky
Open Doors, Trap Doors, And The Law, Shmuel I. Becher, Tal Z. Zarsky
Law and Contemporary Problems
Accordingly, the term "open door" will be used to refer to situations in which an individual can exercise, ex post, a right to rescind or withdraw from (and thus reverse) an ex ante commitment or decision. More specifically, within the realm of contract theory, this article focuses on implications for contract formation interpretation and the design of contractual default rules.
Law For The Common Man: An Individual-Level Theory Of Values, Expanded Rationality, And The Law , Amir N. Licht
Law For The Common Man: An Individual-Level Theory Of Values, Expanded Rationality, And The Law , Amir N. Licht
Law and Contemporary Problems
This article makes an admittedly bold attempt at outlining an analytical framework for addressing this question. Instead of looking at the legal implications of bounded rationality -- an exercise highly worthy in its own right -- this article advances a theory of expanded rationality. This theory retains the element of rationality in that people respond to incentives in an attempt to attain utility, and it does not question the observation that decision-making is often bounded due to various factors.
Stealing Sunshine, Ronen Perry, Dana Weimann-Saks
Stealing Sunshine, Ronen Perry, Dana Weimann-Saks
Law and Contemporary Problems
This study is the first to examine the efficacy of this tactic, both theoretically and empirically, contributing to the growing literature on the impact of various trial-advocacy techniques on decision-makers' perceptions and trial outcomes. Given the primacy of the work, the authors draw on existing literature on a related courtroom technique commonly known as "stealing thunder," which is -- in a sense -- the mirror image of the tactic under scrutiny.
Notions Of Fairness And Contingent Fees , Eyal Zamir, Ilana Ritov
Notions Of Fairness And Contingent Fees , Eyal Zamir, Ilana Ritov
Law and Contemporary Problems
No abstract provided.
Why Didn’T Subprime Investors Demand A (Much Larger) Lemons Premium?, Claire A. Hill
Why Didn’T Subprime Investors Demand A (Much Larger) Lemons Premium?, Claire A. Hill
Law and Contemporary Problems
The subprime crisis would never have occurred had investors not been such enthusiastic consumers of subprime securities. The investors now say, somewhat self-servingly (but probably correctly), that they did not understand the securities -- securities for which they were willing to pay very high prices. Investors' willingness to purchase these securities on terms that were favorable to the sellers, and unfavorable to them, presents a considerable puzzle. Investors do not want to miss out on the next big thing.
Foreword, Avishalom Tor
Foreword, Avishalom Tor
Law and Contemporary Problems
The collection of articles in this Special Issue is based on an international conference on Advances in the Behavioral Analysis of Law: Markets, Institutions, and Contracts that took place on December 8, 2009 at the University of Haifa Faculty of Law in Israel. The conference addressed cuttingedge legal issues at the intersection of law, economics, and psychology from a diverse set of viewpoints, bringing together scholars engaged in both theoretical and experimental behavioral analyses of law.