599 research outputs found
Understanding marine ecosystem services in Malta: A focus on climate regulation, nursery habitat and recreational services
The research explored the relationship that people have with marine environments around Malta through the framework of ecosystem services with the idea that the results of this research could be used as a starting point for the development of a management plan for the marine environment around Malta. Surveys were conducted targeting residents, tourists, and divers to gain an understanding of stakeholder perception of the threats facing climate regulation, provision of nursery habitat and recreation. These data were used to develop a GIS where essential areas and impacts were compared and areas of potential conflict were identified. There were significant numbers of areas of overlap between impacts and essential habitat that were identified. It is likely that these areas of overlap will result in conflict or loss of service in the future. Community based marine spatial planning may be a way to prevent conflict and degradation. Results from the surveys indicated that community involvement in management might be hampered by a lack of comprehension of the complex processes and vocabulary, though stakeholders appear to be well versed with the associated pressures and impacts
Catholic Dioceses in Bankruptcy
The Catholic Church is coping with mass tort liability for sexual abuse of children by priests. Since 2004, eighteen Catholic organizations have filed for relief in bankruptcy. Fifteen debtors emerged from bankruptcy after settling with sexual abuse claimants and insurers. During settlement negotiations, sexual abuse claimants and debtors clashed over the extent of the debtors’ property and ability to pay claims. Although such disputes are common in chapter 11 plan negotiations, the Catholic cases required the parties and bankruptcy courts to account for unique religious attributes of Catholic debtors. This article reviews the arguments and outcomes on property issues based on reported decisions, pleadings, plans, and disclosure statements. It explains the key characteristics of Catholic dioceses under canon and secular organization law and the bankruptcy contexts in which these characteristics became hot button issues. It offers an analysis of the legacy of the Catholic cases for bankruptcy law, religious liberty, and for the relationships among entities within a Catholic diocese
A Paradigm for Sexual Harassment: Toward the Optimal Level of Loss
This article proposes a paradigm that draws from the common-law rule of negligence. It defines actionable sexual conduct in the workplace in terms of the cost of precautionary conduct and the increased safety such precaution would have yielded. Like the rule of negligence, the proposed paradigm creates incentives for men and women to take steps to prevent sexual conduct loss to the point at which the cost of an additional increment of precaution is equal to the value of the reduction in risk of loss. This point is the optimal level of precaution. After this point, additional precaution might further reduce sexual conduct loss, but the cost of such precaution would outweigh the resulting benefit
A Paradigm for Sexual Harassment: Toward the Optimal Level of Loss
The emerging law of sexual harassment has focused discussion on the political, sociological, and legal issues surrounding sexual conduct. Some commentators have argued that the developing law insufficiently addresses an underlying political imbalance between men and women. Although these commentators eschew sexual harassment law as a plausible means of achieving an egalitarian, sex-blind society, they offer few concrete suggestions for reaching their goal. A few scholars have taken a position at the other extreme, that sexual harassment is more or less a chimera, and that the injury women claim to experience is simply part of the vicissitudes of life, or, in the case of workplace harassment, of their employment bargain.
Sexual harassment, however defined, is an unusual social problem in that one group of people engage in the challenged conduct and another group bears the loss, with virtually no overlap. The groups are easily identified as men and women. Commentators have explained the phenomenon as evidence of the subordination of women by men.\u27 The insular quality of the groups and the political imbalance between them has prompted some commentators to draw the conclusion that sexual harassment should be addressed as part of global social policy, not as an issue of allocation of loss among individuals
Catholic Dioceses in Bankruptcy
The Catholic Church is coping with mass tort liability for sexual abuse of children by priests. Since 2004, eighteen Catholic organizations have filed for relief in bankruptcy. Fifteen debtors emerged from bankruptcy after settling with sexual abuse claimants and insurers. During settlement negotiations, sexual abuse claimants and debtors clashed over the extent of the debtors’ property and ability to pay claims. Although such disputes are common in chapter 11 plan negotiations, the Catholic cases required the parties and bankruptcy courts to account for unique religious attributes of Catholic debtors. This article reviews the arguments and outcomes on property issues based on reported decisions, pleadings, plans, and disclosure statements. It explains the key characteristics of Catholic dioceses under canon and secular organization law and the bankruptcy contexts in which these characteristics became hot button issues. It offers an analysis of the legacy of the Catholic cases for bankruptcy law, religious liberty, and for the relationships among entities within a Catholic diocese
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