Enhancing Conservation Options: An Argument for Statutory Recognition of Options to Purchase Conservation Easements (OPCEs)

The most dynamic component of the conservation movement in the United States for the past three decades has been land conservation transactions. In the United States, land conservation organizations have protected roughly 40 million acres of land through transactions. Most of these acres have been protected using conservation easements. Climate change threatens the vast conservation edifice created by land conservation transactions. The tools of land conservation transactions are, traditionally, stationary. Climate change means that the resources that land conservation transactions were intended to protect may no longer remain on the land protected. Options to purchase conservation easements (OPCEs) have long played a modest but important role in conservation law practice. In the world climate change is creating, with its substantial uncertainties and shifting windows of opportunity, OPCEs can serve more complicated and strategic purposes. The ability of OPCEs to serve important roles in protecting land in the context of uncertainty would be significantly increased if state legislatures amend current conservation easement statutes to (1) specifically recognize OPCEs, (2) immunize OPCEs from a range of potential common law challenges, (3) guarantee the durability and transferability of OPCEs, and (4) integrate OPCEs into the burgeoning body of conservation easement law. These statutory amendments would do for OPCEs what conservation easement statutes have done for conservation easements: transform them into an essential multi-purpose tool for conservation in a changing world.

Citation Methodologies in Eusebius’ Historia ecclesiastica and Other Ancient Historiography

This dissertation examines ancient historiographic citation methodologies in light of Mikhail Bakhtin’s dichotomy between polyphony and monologization. In particular, this dissertation argues that Eusebius of Caesarea’s Historia ecclesiastica (HE) abandons the monologic citation methodology typical of previous Greek and Hellenistic historiography and introduces a polyphonic citation methodology that influences subsequent late-ancient Christian historiography to varying degrees. Whereas Pre-Eusebian Greek and Hellenistic historiographers typically use citations to support the single authorial consciousness of the historiographer, Eusebius uses citations to counterbalance his own shortcomings as a witness to past events. Eusebius allows his citations to retain their own voice, even when they conflict with his. The result is a narrative that transcends the point of view of any single individual and makes multiple witnesses, including the narrator, available to the reader. Post-Eusebian late-ancient Christian historiographers exhibit the influence of Eusebius’ innovation, but they are not as intentional as Eusebius in their use of citation methodologies. Many subsequent Christian historiographers use both monologic and polyphonic citation methodologies. Their tendency to follow Eusebius’ practice of citing numerous lengthy citations sometimes emphasizes points of view that oppose the author’s point of view. When an opposing viewpoint surfaces in enough citations, a polyphonic citation methodology emerges. The reader holds the two different narrative strands in tension as the author continues to give voice to opposing viewpoints. After illustrating the citation methodologies with passages from numerous Greek, Hellenistic, and late ancient Christian historiographers, this dissertation concludes with a short computational analysis that uses natural language processing to reveal some broad trends that highlight the previous findings and suggest a possibility for future research.