2 resultados para environmental justice litigation

em Digital Commons at Florida International University


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This thesis investigates how seven communities in a subregion of the Sierra Norte of Oaxaca are conserving high forest cover in the absence of national protected areas. To conduct this study I relied on archival research and the review of community documents, focus group interviews and land use transects to explore historical and current land use. I found that communities have conserved 88.34% of the subregion as forest cover, or 58,596 hectares out of a total territory of 66,264 hectares. Analysis suggests that the communities have undergone a historical transition from more passive conservation to more active, conscious conservation particularly in the last decade. This thesis further contends that communities deserve additional financial compensation for this active conservation of globally important forests for biodiversity conservation and that exercises in systematic conservation planning ignore the reality that existing biodiversity conservation in the subregion is associated with community ownership.

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Standards of proof in law serve the purpose of instructing juries as to the expected levels of confidence in determinations of fact. In criminal trials, to reach a guilty verdict a jury must be satisfied beyond a reasonable doubt, and in civil trials by a preponderance of the evidence. The purposes of this study are to determine the quantitative thresholds used to make these determinations; to ascertain the levels of juror agreement with basic principles of justice; and to try to predict thresholds and beliefs by juror personality characteristics. Participants read brief case descriptions and indicated thresholds in percentages, their beliefs in various principles, and completed three personality measures. A 92-94% threshold in criminal and an 80% threshold in civil matters was found; but prediction by personality was not supported. Significant percentages of jurors disavowed the presumptions of innocence and right to counsel.