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Archive | 2012

Defining Nature as a Common Pool Resource

Jonathan D. Rosenbloom

One of the many ways in which we attempt to study resource use and conservation is to define natural resources as “common pool resources.” Yet in a broad sense we can understand nature more generally as a common pool resource with which we maintain a special relationship. This definition incorporates several legal, behavioral, and ecological concepts that seek to capture the intricate and complex place where nature and the governance of nature collide. Once we apply the common pool resource definition to nature, we commit to viewing nature through five distinct and specific lenses that are embedded in the common pool resource framework. This chapter explores these commitments in an effort to establish a foundation for related research on how these common pool resource-specific lenses may influence the management of nature. The chapter begins with a short background on common pool resources and the understanding of them in the legal literature. The chapter then turns to five conceptual commitments we make by labeling nature as a common pool resource. An exploration of the commitments reveals that they have both intended and unintended consequences on the way we view nature. Those consequences, in turn, have both positive and negative implications for the management of nature. Further, regardless of whether the commitments help facilitate positive or negative approaches to nature management, each commitment places limiting and potentially harmful constraints on the broader perspective with which we should view nature. The chapter concludes by raising the question of whether this limited perspective fully considers pertinent characteristics inherent in nature and whether we should think more broadly when defining nature.


Archive | 2014

The Cost of Federalism: Ecology, Community, and the Pragmatism of Land Use

Keith H. Hirokawa; Jonathan D. Rosenbloom

If there is a victim of federalism, it is undoubtedly the community. Localities, in contrast to the federal government, have a very real stake in the quality of ecosystem functionality, because localities rely on ecosystem services as the beneficiaries of those services. When local governments regulate land uses to prevent degradation of important local ecosystems, they regulate from a purposes that non-local governments simply do not have. This book chapter examines the exercise of federal control over environmental issues and its potential assault on the merits of community. The chapter explores whether imposed homogeneity or sameness at the federal level defeats the benefits of self-identifying communities through land use controls and, if so, whether that is a trade-off we are willing to accept. Our objective is to help clarify the impact of federal regulation on local land use control and to more completely articulate how federal regulation detaches a community from its local ecosystem.


Archive | 2011

Town, Gown and Place-Based Sustainability: Collaborating in the Shared Space

Keith H. Hirokawa; Jonathan D. Rosenbloom

The locational and spatial circumstances of town and gown present opportunities to advance sustainability. This essay examines these areas of opportunity by proposing collaborative frameworks between town and gown. In what we describe as “place-based collaborations,” we identify three areas for productive collaboration by two mutually compatible institutions. Part I of this essay introduces the impacts of the sustainable curriculum and other projects that implement the educational mission of the institution, including the more progressive notion that pedagogical strategies for engaged learning, combined with the introduction of sustainability in the curriculum, may serve as drivers for nested sustainable practices. Part II considers the special relationship that towns may foster in their nested universities by recognizing shared space. Part III illustrates interaction and collaboration possibilities that build on the intellectual capital occurring in educational institutions.


Columbia Journal of Law and the Arts | 1998

Social Ideology as Seen through Courtroom and Courthouse Architecture

Jonathan D. Rosenbloom


The Environmental Law Reporter | 2012

Rethinking Sustainability to Meet the Climate Change Challenge

Michael Burger; Elizabeth Burleson; Rebecca M. Bratspies; Robin Kundis Craig; Alexandra R. Harrington; Keith H. Hirokawa; Sarah Krakoff; Katrina Fischer Kuh; Stephen R. Miller; Jessica Owley; Patrick Parenteau; Melissa Powers; Shannon Roesler; Jonathan D. Rosenbloom


Archive | 2011

Government Entrepreneurs: Incentivizing Sustainable Businesses as Part of Local Economic Development Strategies

Jonathan D. Rosenbloom


Harvard Environmental Law Review | 2011

New Day at the Pool: State Preemption, Common Pool Resources, and Non-Place Based Municipal Collaborations

Jonathan D. Rosenbloom


Fordham Urban Law Journal | 2002

Exploring Methods to Improve Management and Fairness in Pro Se Cases: A Study of the Pro Se Docket in The Southern District of New York

Jonathan D. Rosenbloom


The Environmental Law Reporter | 2014

A Response to the IPCC Fifth Assessment

Sarah J. Adams-Schoen; Deepa Badrinarayana; Cinnamon Carlarne; Robin Kundis Craig; John C. Dernbach; Keith H. Hirokawa; Alexandra B. Klass; Katrina Fischer Kuh; Stephen R. Miller; Jessica Owley; Shannon Roesler; Jonathan D. Rosenbloom; Inara K. Scott; David Takacs


Archive | 2012

Land Use Planning in a Climate Change Context

Keith H. Hirokawa; Jonathan D. Rosenbloom

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David Takacs

University of California

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