This Article evaluates the strategy of claiming personhood for natural objects as a way to advance environmental goals in the United States. Using the Colorado River Ecosystem v. Colorado litigation as the focus, we explore the normative foundation of the claim-elements of nature are legal persons-and the work personhood is being asked to do by the plaintiff and other environmental activists. We identify three possibilities: procedural work, substantive work, and rhetorical work. Of those, we suggest the plaintiff's strongest case is rhetorical. We say this not only because it will likely be difficult to convince a judge to extend standing or substantive rights to a natural object, but also because we are unconvinced that personhood would achieve the ends desired by the plaintiff and other rights of nature advocates. We contrast the rights of nature movement cases with progressive property strategies, and we conclude that existing legal tools rooted in the law of property offer a more certain and more promising pathway to achieving many of the goals articulated by rights of nature advocates in the United States.
Cornell International Law Journal: Vol. 50 : No. 2 , Article 2.American regulatory restrictions on nonprofit activity in Cuba have decreased dramatically over the past three years. As a result, interest in undertaking projects in Cuba among U.S. nonprofits has increased significantly over that same period. Despite President Trump's recent directive that rolled back several aspects of the previous administration's Cuba policy and ordered new restrictions on U.S.-Cuban engagement, U.S. nonprofits are unlikely to be deterred from seeking to expand their engagement in Cuba over the long term. As nonprofits explore potential opportunities and navigate legal and political challenges, this Article seeks to advance the conversation by answering the following questions: What is the current state of U.S. and non-U.S. nonprofit activity within Cuba? What are the Cuban legal and other constraints that affect nonprofit activity in the country? What recommendations might we offer to U.S. nonprofits that are interested in pursuing work in Cuba, in light of the constraints identified above? And finally, what legal, policy or other measures in Cuba might help address these constraints and facilitate increased nonprofit engagement? Co-Authors: Elizabeth Brundige, Lucia Dominguez Cisneros, Eduardo M. Penalver, Laura Spitz
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