Applying Public Trust Thinking to Wildlife Governance in the United States: Challenges and Potential Solutions

2017 ◽  
Vol 22 (6) ◽  
pp. 506-523 ◽  
Author(s):  
Darragh Hare ◽  
Daniel J. Decker ◽  
Christian A. Smith ◽  
Ann B. Forstchen ◽  
Cynthia A. Jacobson
Keyword(s):  
United States ◽  
Public Trust ◽  
The United States

scholarly journals Look to Windward: The Michigan Environmental Protection Act and the Case for Atmospheric Trust Litigation in the Mitten State

2021 ◽  
pp. 275
Author(s):  
Jonathan Coumes
Keyword(s):  
Climate Change ◽  
United States ◽  
Environmental Protection ◽  
Public Trust ◽  
The United States ◽  
Natural World ◽  
Potential Relief ◽  
The Public ◽  
State Constitutions ◽  
History Of

Failure to address climate change or even slow the growth of carbon emissions has led to innovation in the methods activists are using to push decisionmakers away from disaster. In the United States, climate activists frustrated by decades of legislative and executive inaction have turned to the courts to force the hand of the state. In their most recent iteration, climate cases have focused on the public trust doctrine, the notion that governments hold their jurisdictions’ natural resources in trust for the public. Plaintiffs have argued that the atmosphere is part of the public trust and that governments have a duty to protect it. These types of lawsuits, known as Atmospheric Trust Litigation, have foundered on the shoals of courts wary of exceeding their powers, whether granted by Article III or state constitutions. The trouble in many cases, including Juliana v. United States, has been standing. Courts balk at declaring that any one actor has the power to affect climate change. Since they usually think one actor can’t fix the climate, redressability is out the window. Even if courts get past redressability, they believe the scale of any potential relief is just beyond the ability of a court to order. The number of lawsuits that have been filed suggests that that reasonable minds can differ, but most judges have found plaintiffs do not have standing before clearing the cases off their dockets. This Note contends that at least one state remains fertile ground for an atmospheric trust lawsuit. Michigan’s 1963 Constitution implies that the atmosphere is within the public trust, and the Michigan Environmental Protection Act, passed to carry out the state’s constitutional duties towards the natural world, does away with most, if not all, of the standing issues that have stymied climate cases across the nation. Motions, briefs, and equitable relief are not the only way to avoid the onset of what could be the greatest calamity in the history of humanity, but in Michigan, at least, Atmospheric Trust Litigation may well be what breaks and rolls back the carbon tide.

Science and the Death Penalty: DNA, Innocence, and the Debate over Capital Punishment in the United States

2009 ◽  
Vol 34 (03) ◽  
pp. 603-633 ◽  
Author(s):  
Jay D. Aronson ◽  
Simon A. Cole
Keyword(s):  
United States ◽  
Forensic Science ◽  
Death Penalty ◽  
Capital Punishment ◽  
Public Discourse ◽  
Public Trust ◽  
The United States ◽  
Dna Evidence ◽  
Fundamental Shift

The death penalty debate in the United States has recently undergone a fundamental shift. The possibility of executing the innocent has emerged as some abolitionists' most salient argument, displacing debates over such issues as fairness, deterrence, and cost. Innocence has managed to move to the fore of the debate in part because of the success of death penalty opponents in attaching epistemological certainty to one particular category of postconviction exonerations, those vouched for by the authority of DNA evidence. We suggest that such moves are primarily rhetorical because, while DNA evidence may be more accurate and reliable than other forensic science, it still fundamentally probabilistic in nature and is prone to uncertainties at all stages of its production. Yet, because of the certainty attached to DNA evidence in public discourse, it can be used as a lever with which to challenge law's claims to truth‐making authority, and to undermine public trust in the death penalty. A few abolitionists and other scholars have expressed misgivings about the abolitionist embrace of the innocence argument. We push this concern further, suggesting that both abolitionists and death penalty reformers, who seek to promote a “scientific” death penalty centered on DNA evidence, draw upon a mythologized notion of “science” as a producer of epistemic certainty.

scholarly journals Electoral Manipulation Informationally on Hoax Production in 2019 Presidential and Vice Presidential Election in Indonesia

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Wildhan Khalyubi ◽  
Aditya Perdana
Keyword(s):  
United States ◽  
Qualitative Research ◽  
Presidential Election ◽  
Secondary Data ◽  
Public Trust ◽  
The United States ◽  
General Election ◽  
Primary Data ◽  
Political Actors ◽  
Election Commission

This research aims to explain the hoax phenomenon with the concept of electoral manipulation in the form of information on the holding of 2019 Presidential and Vice Presidential General Election. Hoax problems in elections are often found in several countries such as Venezuela, France, the United States, and Indonesia. This research is qualitative research by combining primary and secondary data. Primary data was obtained through interview techniques with several institutions concerned about elections and hoaxes. Meanwhile, secondary data was obtained through literature, news, and documentation which support this research. As Alberto Simpser’s view in this research expresses, electoral manipulation aims to increase the influence of groups of political actors on citizens as voters. Electoral manipulation was seen as a tool to win the upcoming elections and as a tool to influence people's behavior - elites, citizens, bureaucrats, organizations, politicians, and others - with excessive and blatant manipulation seeming logical. Therefore, this research found that by linking hoaxes as a form of informational electoral manipulation, it is found that hoaxes do not only attack political opponents. However, hoaxes as a part of electoral manipulation in the form of information have implications for efforts to delegitimize public trust in electoral organizers, especially the General Election Commission (KPU).

Current Legal Developments Climate Change and the Constitutional Obligation to Protect Natural Resources: The Pennsylvania Atmospheric Trust Litigation

Climate Law ◽  
2017 ◽  
Vol 7 (2-3) ◽  
pp. 209-226
Author(s):  
Samvel Varvaštian
Keyword(s):  
Climate Change ◽  
United States ◽  
Human Rights ◽  
Natural Resources ◽  
State Government ◽  
Constitutional Law ◽  
Public Trust ◽  
The United States ◽  
The Public ◽  
Public Trust Doctrine

When it comes to climate litigation, environmental plaintiffs in the United States have demonstrated a remarkable ingenuity in terms of utilizing various legal avenues to compensate for the persisting regulatory gaps. In the last few years, the public trust doctrine and constitutional law have been present among these, in an attempt to put the risks associated with climate change on the map of human rights in relation to the environment and natural resources. However, despite a nationwide occurrence of such lawsuits, courts have been cautious in their approach to them. Similar lawsuits have emerged outside the United States, in Europe and Asia, demonstrating some viability. This analysis addresses the recent litigation in Pennsylvania, where petitioners asked the court to order the state government to take action on climate change and to declare such action a constitutional obligation under the state’s Constitution. 1

Notes from the Editors, June 2016

2016 ◽  
Vol 68 (2) ◽  
pp. 2
Author(s):  
The Editors
Keyword(s):  
United States ◽  
Federal Government ◽  
Public Trust ◽  
The United States ◽  
Future Generations ◽  
District Court ◽  
The Public ◽  
The Government ◽  
Fossil Fuel Industry ◽  
Fuel Industry

buy this issueOn April 8, 2016, in what has already become a historic case on the climate, Magistrate Judge Thomas Coffin of the United States District Court of Oregon ruled against a motion to dismiss, in favor of the youthful plaintiffs in the Children's Trust lawsuit (Kelley Cascade Rose Juliana, et al. v. United States of America, et al.) and against the defendants, consisting of the federal government and the fossil-fuel industry. The twenty-one young people constituting the principal plaintiffs, ranging in age from 8 to 21, insist that the federal government has an obligation to protect the climate for the future on their behalf under the public trust doctrine, based on the fifth and ninth amendments to the U.S. Constitution. They claim, as stated in Coffin's ruling, that "government action and inaction…threatens catastrophic consequences".… The plaintiffs in the suit also include climatologist James Hansen, as a guardian for future generations.… The defendants' argument to dismiss was directed principally at what they contended were limits on the federal government's public trust responsibility. It thus turned on whether the United States was obligated simply to follow capitalist precepts with respect to the natural-physical environment, or whether the government had a public trust to maintain the environment for the population and for future generations, going beyond the rules of the market.Click here to purchase a PDF version of this article at the Monthly Review website.

Exploring Aggregate vs. Relative Public Trust in Administrative Agencies that Manage Spent Nuclear Fuel in the United States

2020 ◽  
Vol 37 (4) ◽  
pp. 491-510
Author(s):  
Kuhika Gupta ◽  
Joseph T. Ripberger ◽  
Hank C. Jenkins‐Smith ◽  
Carol L. Silva
Keyword(s):  
United States ◽  
Nuclear Fuel ◽  
Spent Nuclear Fuel ◽  
Public Trust ◽  
The United States ◽  
Administrative Agencies

Public trust thinking and public ownership of wildlife in Italy and the United States

2019 ◽  
Vol 29 (3) ◽  
pp. 209-219
Author(s):  
Stefano Giacomelli ◽  
Darragh Hare ◽  
Michael Gibbert ◽  
Bernd Blossey
Keyword(s):  
United States ◽  
Public Trust ◽  
The United States ◽  
Public Ownership

STANDARDS REGARDING ARCHAEOLOGICAL MATERIAL AND ANCIENT ART

2008 ◽  
Vol 15 (4) ◽  
pp. 401-403 ◽  
Keyword(s):  
United States ◽  
Public Trust ◽  
The United States ◽  
Archaeological Material

To promote public trust and accountability for U.S. museums, AAM offers the following standards to guide the operations of museums that own or acquire archaeological material and ancient art originating outside the United States.

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