JOREL: Call for Editor-in-Chief

Journal of Outdoor Recreation, Education, and Leadership

http://www.ejorel.com

Call for Editor-in-Chief

The advisory group of the Journal of Outdoor Recreation, Education, and Leadership is seeking candidates for the position of Editor-in-Chief. Deadline: Wednesday, September 22, 2010
Journal Philosophy & Purpose: This peer-reviewed journal focuses on the areas of outdoor recreation, education, and leadership. This collaborative effort between the Association for Outdoor Recreation and Education (AORE), the Wilderness Education Association (WEA), and the Western Kentucky University Research Foundation (WKURF) works to improve research and practice and reduce the disparity between the two in the represented disciplines.

The journal’s mission is to improve outdoor recreation, education, and leadership through the publication and dissemination of peer-reviewed manuscripts centered on professional practice, research, and theoretical discussions. Publishing articles that contribute to the development of theory and practice is a guiding principle of the journal.

Journal Format: JOREL, a subscription-based electronic journal, creates greater accessibility to a global audience while maintaining reasonable subscription rates. In addition, using tools from The Berkeley Electronic Press helps ensure compliance with web content accessibility standards.

Primary Editor Responsibilities: The Editor-in-Chief’s responsibilities include nearly almost all aspects of the journal manuscript publishing process including such tasks as: recruiting manuscript submissions; ensuring manuscript quality; assigning reviewers; tracking submissions and reviewer progress; communication with authors and seeing that publication deadlines are met; manuscript copy-editing and formatting; and publishing manuscripts to the electronic journal.

JOREL will utilize resources from The Berkeley Electronic Press, such as EdiKit Back Office Solutions to assist the editor in these duties. In addition, a small stipend is available for hiring an editorial assistant to assist the editor-in-chief with their responsibilities. The Editor will work with a six member advisory group comprised of two representatives from WEA, AORE and WKURF.

Editor Salary: $3,000 (paid $1,500 per issue).

Appointment Details: One-year appointment with the responsibility for publishing two issues.
Editor Qualifications: The successful candidate will have: a strong demonstrated understanding of the field of outdoor recreation, education, and leadership; a strong publication record; manuscript reviewing experience; and a demonstrated ability to communicate well with others.

Application Process: Interested parties should submit a cover letter and CV highlighting their qualifications to Dr. Raymond Poff, raymond.poff@wku.edu, by the end of the day, Wednesday, September 22, 2010.

Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com

© 2010 James H. Moss

Keywords:
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September 2010 as National Wilderness Month

The White House

Presidential Proclamation–National Wilderness Month

A PROCLAMATION

For centuries, the American spirit of exploration and discovery has led us to experience the majesty of our Nation’s wilderness.  From raging rivers to serene prairies, from mountain peaks slicing the skyline to forests teeming with life, our Nation’s landscapes have provided wonder, inspiration, and strength to all Americans.  Many sites continue to hold historical, cultural, and religious significance for Indian tribes, the original stewards of this continent.  We must continue to preserve and protect these scenic places and the life that inhabits them so they may be rediscovered and appreciated by generations to come.

As we celebrate America’s abundance of diverse lands, remarkable wildlife, and untamed beauty during National Wilderness Month, we also look back on our rich history of conservation.  It was over 100 years ago that President Theodore Roosevelt marveled at the stark grandeur of the Grand Canyon and declared, “the ages have been at work on it, and man can only mar it.”  Since that time, administrations have worked across party lines to defend America’s breathtaking natural sites.  President Lyndon B. Johnson signed the Wilderness Act in 1964, and many Presidents have since added new places to this great network of protected lands so that millions of acres of forests, monuments, and parks will be preserved for our children and grandchildren.

Following in the footsteps of my predecessors, I signed the Omnibus Public Land Management Act last year to restore and protect more of our cherished wild spaces.  In April of this year, I established the America’s Great Outdoors Initiative to develop a community-based 21st century conservation agenda that can also spur job creation in the tourism and recreation industries.  My Administration will continue to work closely with our State, local, and tribal partners to connect Americans with the great outdoors.

This month, we renew our pledge to build upon the legacy of our forebears.  Together, we must ensure that future generations can experience the tranquility and grandeur of America’s natural places.  As we resolve to meet this responsibility, let us also reflect on the ways in which our lives have been enriched by the gift of the American wilderness.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 2010 as National Wilderness Month.  I invite all Americans to visit and enjoy our wilderness areas, to learn about their vast history, and to aid in the protection of our precious national treasures.

IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of August, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fifth.

BARACK OBAMA

Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com

© 2010 James H. Moss

Keywords: #
outdoor law, #recreation law, #outdoor recreation law, #adventure travel law, #law, #travel law, #Jim Moss, #James H. Moss, #attorney at law, #tourism, #adventure tourism, #rec-law, #rec-law blog, #recreation law, #recreation law blog, #risk management, #Human Powered, #human powered recreation, #The White House, #President, #Barack Obama, #National Wilderness Month, #Wilderness, #American Wilderness
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Doom and Gloom: Only if you look at it that way

I was accused by one of my colleagues of being a scary attorney. Not my overall legal skills (I hope) but the way I presented ideas. It shook me up a lot, and thus this article. I don’t want to be accused, ever; of being an attorney whose communications whether written or oral prohibit any activity or program. If you fully inform your guests of the risks they are about to undertake and get their signature on a document acknowledging those risk and waiving their right to sue, you should be able to do about anything short of intentionally hurting a guest.

This website is designed to help you with the intricacies of the information to impart to your guests and suggestions on how to write your waivers/releases; to CYA in the state you are located and/or operating within. It is not meant to stop you from doing anything. The steps you must take will vary based upon three main factors in order of importance;

1. the most important one the state you are working in or saying the law that will be applied to your operation.
2. The clientele you are marketing too and receiving your guests from; and,
3. The activity you are doing.

Of the three, for most reader’s number 1 is the most important and possibly the only important factor.

The articles written here and what I impart through other mediums are designed to help you with these three steps. Each article if it does not have information in the body on how to overcome the legal issue it presents usually has a summary or a list of actions to take to overcome the problem the article explores.

Most of the lawsuits that occur do not occur to well run organizations except for the freak accident that occurs once in a while. In fact, most of the lawsuits reported anywhere are from organizations that do not work with an attorney and do not stay up on the legal issues in their profession. The releases are cut and copied from third parties and not written by legal counsel knowledgeable about the activity or maybe even the laws of the state. The procedures being used were adopted when the program began and have not changed since then. The people rarely show up at conferences or become involved in their trade organizations. Their risk management plan consists of a check they write to their insurance carrier every year, complaining about the increase in the premium as they do.

Good companies rarely see courtroom except on historical tours and are seen at annual trade conferences. Good companies read these articles knowing most of the lexicon and with a good understanding of the issues. Good companies work with their insurance providers showing them what they are doing to reduce the risk in their programs.

Here at Recreation Law blog I want you to read, enjoy, laugh once in a while, learn and never see a courtroom as a defendant. I want you to offer all of the programs you can to your guests, knowing that the odds are in your favor if you have done everything possible prior to the accident, and you work hard dealing with the victims after the accident. I do not want these articles to restrict your opportunities but to fine tune them. I do not want people to not experience the full range of fitness and the outdoors but to explore and grow and experience everything life has to offer. I want to help, not stop.

If I sometimes write a little gloomy, only of doom, it is a bad writing job or my own dismay at how a court has ruled making your life a little tougher and for that I apologize in advance.

Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com

© 2010 James H. Moss

Keywords:
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Looking for Eagle Scouts in the Outdoor Recreation Industry

SNEWS a subsidiary of Backpacker and Active Interest Media are doing a story of Eagle Scouts in the Outdoor Recreation Industry. 

If you are an Eagle Scout and working in the Outdoor Recreation Industry: Retail, Manufacturing, Media, Outfitting, Guiding, etc, send me an email at BSA.rec.law@gmail.com

Thanks

Jim

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Legal Issues Associated With Scuba Diving Fatalities

Interesting article written by a defense attorney on the legal issues associated with scuba diving facilities.  See Legal Issues Associated With Scuba Diving Fatalities.


This is a very good analysis of the issues.

Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com

Keywords: #outdoor #law, #recreation #law, #outdoor #recreation #law, #adventure #travel law
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UIAA has a new Executive Director

It is with great pleasure that l am able to announce that the UIAA has engaged a new Executive Director. This person is Ingo Nicolay who joined the UIAA on July 1, 2010.
Ingo comes to us with very impressive credentials. Not only in business but more importantly for us, as the president of the Heilbronn Section of the DAV, the German alpine club.

In this capacity he has been the president of a club of 10,000 members. As such Ingo knows how to work with people in a not-for-profit organization where the challenge is to work with the motivated volunteers within the UIAA.
At this time we must express our gratitude to Ingo’s predecessor, Judith Safford, for all of her hard work in the past and we wish her all the best in the future.

I hope you will all join me in welcoming Ingo to the UIAA.

See UIAA Introduces new Executive Director

Mike Mortimer
President

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National Park Service is hiring!!!

Most are summer jobs or internships but if you get a foot in the door you may get to stay. 

See Can’t find a job, college grad? National Park Service is hiring
 

 
Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com
© 2010 James H. Moss

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Plaintiff’s lawyer in advertising points out how hard it is to win an outdoor recreation lawsuit

Unless the outdoor recreation industry makes it easy.

An injury is not enough to win a lawsuit. You must prove negligence:

• You owed the plaintiff a duty
• You breached the duty owed to the plaintiff
• The plaintiff was injured and suffered damages
• The plaintiff’s injuries were directly a result of your breach of a duty.

All four of those points must be proved, to win a lawsuit. The injury is always the obvious one. The issue is did you owe the plaintiff a duty. Did you breach the standard of care you owed a plaintiff? If the plaintiff can’t discover or does not owe that standard of care that is difficult.

See To Win An Accident Case Requires More Than Injuries You Must Have A Breach Of Duty

Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com

Keywords:
#outdoor law, recreation law, #outdoor #recreation law, #adventure #travel #law, #negligence, #duty, #standard of #care,
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I’m modifying this blog.

Starting this September I am expanding my blog www.rec-law.blogspot.com. he plan is to continue my twice weekly posts about what is happening and my comments. However, I am going to post two more items each week.

Case Analysis
 
The first will be an analysis of a case that is important to the outdoor recreation industry. Much like the case analysis I wrote for the Outdoor Recreation Law Review. This article will take one case and provide a non-legalese analysis of the case and how it can help you or how you can avoid being a victim of the same issues.

Legal Analysis
 
The second analysis will be a more in depth analysis of a legal issue facing the industry. This may be a subject or an area of the law. I look at these as editorial, educational or even white paper type of article.

 
Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com
 
© 2010 James H. Moss

Keywords: #outdoor law, #recreation law, #outdoor recreation law, #adventure travel law, #rec-law, #rec-law.blogspot.com, #blog,
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Review: Last Man on the Mountain

Jennifer Jordan has done it again and even better this time.

Jennifer Jordan’s latest book Last Man on the Mountain is a terrific and at the same time, horrific story about climbing K2 in 1939. This expedition was destined to be historical because of the attempt of Charlie Houston and Bob Bates’ team the year before: The expedition was broke and lacking solid team members. Yet a nearly middle age man, who most thought would not get out of base camp spent 3 weeks above 24000 feet during the attempt. The book also tells the story of the three climbing “Sherpa’s” who died trying to rescue Dudley.

Last Man on the Mountain is Jennifer’s second book. Her first book Savage Summit tells the tragic story of the woman who had summited K2, who all died. Jennifer’s painstaking research on K2 comes through when she writes about Dudley Wolfe and the 1939 American Expedition to K2. When Jennifer was at K2 in 2002, she found possessions and possibly the remains of Dudley Wolfe leading to this story.

Reading this book makes you want to find a villain, someone responsible for what happens. Jennifer has thoroughly researched the issues and presents several possible team members, but allows the reader to make their own conclusion as to why Dudley Wolfe died alone at Camp 7 in 1939. Weather, knowledge at the time, climber injuries and exhaustion as well as the squabbles and leadership issues of an expedition that was probably doomed to failure. But for the drive of its leader Fritz Wiessner, the expedition would have never left the states, let alone ascend the mountain.

How an East Coast Socialite came to that tragic ending and what happened to the rest of the team afterwards make this an exciting book as well as a great literary piece.

Jennifer’s talks about the book include rare footage and photographs that her research has uncovered provide the reader with the opportunity to understand the people and the time. Some of the footage can be found at Dudley Wolfe-Last Man on the Mountain.mov.

Last Man on the Mountain is well worth reading. The book is a treasure of early climbing history as well as a great story superbly written. If you have the opportunity to see Jennifer in your town, definitely make that a priority. The book and her talk are a true delight. Jennifer’s book tour can be found on her Facebook page: Jennifer Jordan.

Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com

© 2010 James H. Moss

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Mount Ranier NP News – CUA Program & Commercial Non-Profit SUP

Stop Drinking Bottled Water

Arkansas River Travel Management Plan Environmental Assessment

The Arkansas River Travel Management Plan Environmental Assessment is now available for public comment. The comment period is 60 days and ends September 7, 2010. 

Michigan looking for money proposes a “tax” on paddlesports.

Five dollar fee proposed for inspecting livery boats and for registering private boats. 

See Michigan paddlesport taxes. 

Although this tax is probably going to cost more to implement than it will raise, money is money now days. 

 
Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com
 
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Charges Dropped Against Raft Guides; Rescue Dispute Resolved

My post YOU HAVE GOT TO BE KIDDING has resolved itself. See Charges Dropped Against Raft Guides; Rescue Dispute Resolved