WATER RIGHTS,EMINENT DOMAIN,AND THE PUBLIC TRUST1

ABSTRACT: Faced with the necessity of meeting growing municipal water requirements in areas where available supplies are completely allocated, numerous cities throughout the West are turning to their eminent domain powers to affect a reallocation of water from less preferred uses to municipal uses, thus bringing about a sharp conflict with agricultural interests. As a basis for discussing these eminent domain powers, this paper begins with a brief review of the development of property rights. The existence of both private and public (social) rights in the “bundle of rights” is noted. In recent years the Public Trust Doctrine has been used to limit private rights in property, and to protect and strengthen social rights. A case study which focuses on a conflict between individual and social interests in water rights is discussed. This case involves the City of Thorton, Colorado which initiated municipal condemnation proceedings to acquire the water rights and structures of two nearby irrigation companies. The case represents an attempt to incorporate the spirit of the Public Trust Doctrine into legislation which sets forth procedures for resolution of similar water rights conflicts that will inevitably become more numerous throughout the West in the future.     

城市环境基础设施信托投资模式分析

本文分析了利用产业信托投资城市环境基础设施的可行性和现实性，并做出一个环境基础设施信托投资方案的结构设计。     

提高企业信任度,改善安全生产人文环境

在安全规章制度中往往只规定下级的安全责任,并未对领导责任做出具体规定,缺乏权利义务的对等性,导致企业安全管理成一纸空文,落实不下去,存在着严重的形式主义.由于企业规章制度持续性和稳定性不足,存在朝令夕改的现象,导致企业在安全生产工作方面产生信任度危机,所以员工在安全生产过程中总是在揣测领导的真正意图以决定自己的行为.因此,提倡将企业内部纵向的信任研究引入到安全管理领域.     

When expressions of fake emotions elicit negative reactions: The role of observers' dialectical thinking

Fake displays of emotions are common in social and organizational settings. It is therefore important to understand their consequences. To reconcile mixed previous findings, we develop a model in which the consequences of expressing fake emotions depend on the observers' level of dialectical thinking, a cognitive style characterized by acceptance of inconsistencies. We propose that observers lower, but not higher, on dialectical thinking may infer that interaction partners who fake emotions are untrustworthy and, in turn, react negatively. We found support for our model in 2 studies. In a field fundraising experiment (Study 1), fundraisers who displayed fake (vs. genuine) happiness received smaller monetary donations and elicited lower intentions to volunteer from donors lower, but not higher, on dialectical thinking. In a laboratory negotiation experiment (Study 2), negotiators who displayed fake anger (vs. genuine anger or no emotion) were trusted less and received higher demands from counterparts lower, but not higher, on dialectical thinking. Trust mediated the moderating effect of dialecticism on the relation between fake anger (vs. genuine anger and no emotion) and demands. We discuss the theoretical and practical implications of the findings.     

Conservation Easements: Biodiversity Protection and Private Use

Abstract:  Conservation easements are one of the primary tools for conserving biodiversity on private land. Despite their increasing use, little quantitative data are available on what species and habitats conservation easements aim to protect, how much structural development they allow, or what types of land use they commonly permit. To address these knowledge gaps, we surveyed staff responsible for 119 conservation easements established by the largest nonprofit easement holder, The Nature Conservancy, between 1985 and 2004. Most easements (80%) aimed to provide core habitat to protect species or communities on-site, and nearly all were designed to reduce development. Conservation easements also allowed for a wide range of private uses, which may result in additional fragmentation and habitat disturbance. Some residential or commercial use, new structures, or subdivision of the property were permitted on 85% of sampled conservation easements. Over half (56%) allowed some additional buildings, of which 60% restricted structure size or building area. Working landscape easements with ranching, forestry, or farming made up nearly half (46%) of the easement properties sampled and were more likely than easements without these uses to be designated as buffers to enhance biodiversity in the surrounding area. Our results demonstrate the need for clear restrictions on building and subdivision in easements, research on the compatibility of private uses on easement land, and greater public understanding of the trade-offs implicit in the use of conservation easements for biodiversity conservation.     

BSE in the UK: Why the Risk Communication Strategy Failed

The 2000 BSE Inquiry report points out that the most serious failure of the UK Government was one of risk communication. This paper argues that the government's failure to communicate the risks BSE posed to humans to a large degree can be traced back to a lack of transparency in the first risk assessment by the Southwood Working Party. This lack of transparency ensured that the working party's risk characterization and recommendations were ambiguous and thus hard to interpret. It also meant that uncertainties were not addressed in a satisfactory way. In the recommendations, the attitude to uncertainty was implicit rather than explicit.The risk communication based on the report amplified these flaws. Most importantly, it did not address the uncertainty at all. Apparently, the reason for this was fear of overreaction by the public. However, the result was counter-productive, because the risk communication did not then appear trustworthy. Later risk assessments and risk communication omitted to correct these flaws. Indeed, the fact that, following receipt of new information, advisory experts and policy makers had changed their views of the risk to humans was never clearly communicated to the public. There seemed to be little faith in the public's ability to reach a balanced judgment regarding the uncertainties.In the concluding section of the paper, this analysis is compared with the food standards agency's (FSA's) approach to BSE. The intervention of this agency was seen as one of the more important efforts to restore consumer confidence in British beef. And the agency certainly appears to be committed to openness and to addressing scientific uncertainty. However, using the risk of BSE in sheep as a case study, the paper shows that transparency – i.e., the clear presentation of factual and normative claims and assumptions underlying advice, and openness about the reasoning based on these claims and assumptions – is less than fully achieved in the FSA's work.     

Biodiversity Conservation and Indigenous Land Management in the Era of Self‐Determination

Abstract: Indigenous people inhabit approximately 85% of areas designated for biodiversity conservation worldwide. They also continue to struggle for recognition and preservation of cultural identities, lifestyles, and livelihoods—a struggle contingent on control and protection of traditional lands and associated natural resources (hereafter, self‐determination). Indigenous lands and the biodiversity they support are increasingly threatened because of human population growth and per capita consumption. Application of the Endangered Species Act (ESA) to tribal lands in the United States provides a rich example of the articulation between biodiversity conservation and indigenous peoples' struggle for self‐determination. We found a paradoxical relationship whereby tribal governments are simultaneously and contradictorily sovereign nations; yet their communities depend on the U.S. government for protection through the federal‐trust doctrine. The unique legal status of tribal lands, their importance for conserving federally protected species, and federal environmental regulations' failure to define applicability to tribal lands creates conflict between tribal sovereignty, self‐determination, and constitutional authority. We reviewed Secretarial Order 3206, the U.S. policy on “American Indian tribal rights, federal–tribal trust responsibilities, and the ESA,” and evaluated how it influences ESA implementation on tribal lands. We found improved biodiversity conservation and tribal self‐determination requires revision of the fiduciary relationship between the federal government and the tribes to establish clear, legal definitions regarding land rights, applicability of environmental laws, and financial responsibilities. Such actions will allow provision of adequate funding and training to tribal leaders and resource managers, government agency personnel responsible for biodiversity conservation and land management, and environmental policy makers. Increased capacity, cooperation, and knowledge transfer among tribes and conservationists will improve biodiversity conservation and indigenous self‐determination.     

防洪工程信赖对公众洪灾风险认知的影响——以开封沿黄地区与岳阳洞庭湖区为例

防洪工程作为人类抵御洪灾的首选手段,为人们提供了保障,但人们对其风险认知还存在一定的偏差。本文从公众层面入手,在我国历史上洪灾最严重的两大流域—长江流域和黄河流域,分别选取岳阳沿洞庭湖区和开封沿黄河地区为研究区,调查公众对当地防洪工程的信赖状况和水灾风险认知情况,回收有效样本831份。据此分析影响防洪工程信赖的因素和工程信赖对公众风险认知的影响。研究发现,公众对防洪工程的信赖度较高,区域趋同性明显;公众对工程信赖的程度,因居住地与风险源的距离、性别、年龄和家庭劳动力结构的不同而存在差异;同时,对防洪工程的过于信赖,会降低公众对洪灾的恐惧心理和警惕性,并使得公众产生消极和积极并存的应对灾害的行为倾向。洪灾多发地区应建立大型洪灾、巨灾的风险防范和洪水保险机制,完善我国的再保险制度;政府在高风险区的分区域管理过程中,应以大局为重;构建"文化自觉"的科学防灾文化观,正确引导公众认识到工程措施能力的限度,扭转在工程信赖基础上的风险认知偏差。