Often Wrong, Never in Doubt: How Anti-Arbitration Expectancy Bias May Limit Access to Justice

While there long have been “alternatives” to the traditional trial for those seeking to resolve disputes, the so-called “litigation explosion” in the 1970s inspired a campaign for reform of the administration of justice that resulted in the modern ADR movement. The movement had many disparate goals, not the least of which was to improve public access to justice. At the historic 1976 National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice (Pound Conference), Harvard Law Professor Frank E.A. Sander first posited the concept of a “comprehensive justice center,” more famously referred to as a “multi-door courthouse,” in which a grievant’s dispute would be evaluated then directed to the most appropriate process or sequence of processes. “Room 3” in Professor Sander’s Multi-Door Courthouse/Dispute Resolution Center was listed in the lobby’s directory as Arbitration,7 the alternative process on which this Article will focus. The question that I pose herein is whether popular (mis)conceptions about arbitration may actually be preventing some of those who are most in need from receiving the legal relief they seek

The Role of Law in Reducing Barriers to Citizens Participation in Community-Based Natural Resource Management Models

[Extract] Environmental protection and natural resource management are highly complicated, dynamic processes intersecting natural and social systems. Policies related to these issues involve a broad array of inputs, including, among others, scientific data, legal information, value judgments, philosophical perspectives, and economic decisions, and they can have momentous consequences not only at international, national, and state levels, but also for communities and individuals. In recognition of these impacts, policy and lawmakers in 50+ countries are pursuing community-based approaches to environmental protection and natural resource management by delegating some degree of management and decision-making authority over parks or other protected areas; forests; water, coastal resources, and fisheries; wildlife; and other natural resources to community user groups.One framework for promoting citizen participation in the management of public natural resources is the Community-Based Natural Resource Management Model (CBNRM). This model adopts a socio-ecological approach that integrates local institutions, customary practices, and community knowledge structures into natural adaptive systems protection and administration. It is believed that consideration of these factors and that involvement of local stakeholders in management, regulatory, and enforcement processes will result in improved resource management outcomes.This paper will briefly describe the CBNRM model and will review its use in relation to various levels and categories of legal obligations in two very different contexts. It also will consider barriers that have been identified to citizen participation in these CBNRM models and will explore how law or other instruments might be utilized to respond to these challenges.[Extract] Environmental protection and natural resource management are highly complicated, dynamic processes intersecting natural and social systems. Policies related to these issues involve a broad array of inputs, including, among others, scientific data, legal information, value judgments, philosophical perspectives, and economic decisions, and they can have momentous consequences not only at international, national, and state levels, but also for communities and individuals. In recognition of these impacts, policy and lawmakers in 50+ countries are pursuing community-based approaches to environmental protection and natural resource management by delegating some degree of management and decision-making authority over parks or other protected areas; forests; water, coastal resources, and fisheries; wildlife; and other natural resources to community user groups.One framework for promoting citizen participation in the management of public natural resources is the Community-Based Natural Resource Management Model (CBNRM). This model adopts a socio-ecological approach that integrates local institutions, customary practices, and community knowledge structures into natural adaptive systems protection and administration. It is believed that consideration of these factors and that involvement of local stakeholders in management, regulatory, and enforcement processes will result in improved resource management outcomes.This paper will briefly describe the CBNRM model and will review its use in relation to various levels and categories of legal obligations in two very different contexts. It also will consider barriers that have been identified to citizen participation in these CBNRM models and will explore how law or other instruments might be utilized to respond to these challenges

Attitudes toward hydraulic fracturing: The opposing forces of political conservatism and basic knowledge about fracking

publisher: Elsevier articletitle: Attitudes toward hydraulic fracturing: The opposing forces of political conservatism and basic knowledge about fracking journaltitle: Global Environmental Change articlelink: http://dx.doi.org/10.1016/j.gloenvcha.2016.03.004 content_type: article copyright: © 2016 Elsevier Ltd. All rights reserved