National Parks, Incorporated

78 Pages Posted: 15 Jan 2021

See all articles by Sarah E. Light

Sarah E. Light

University of Pennsylvania, The Wharton School - Legal Studies & Business Ethics Department

Date Written: December 30, 2020

Abstract

Public lands and private enterprise exist in an uncomfortable equilibrium. Since their founding, the national parks have embraced some forms of private enterprise, including privately-run accommodations, to bring members of the public to the parks to enjoy and appreciate their beauty. Corporations have provided financial support to the national parks through philanthropy. And private firms have benefited from marketing their associations with the parks. Marketing campaigns that call on the feeling of being in the woods and philanthropy to the parks that may benefit corporations by association do not deplete resources or ruin aesthetic experiences like a strip mine would. Yet they nonetheless in some fashion dilute the essential publicness of the national parks. In debates over the purpose of public lands and the proper role of private enterprise within them, relationships between private firms and public lands in which the firms neither extract commodities from the parks nor physically harm them have not received sufficient attention. This Article makes three claims. First, as a descriptive matter, it identifies a set of non-extractive relationships between private firms and national parks as a distinct phenomenon. Second, as a normative matter, the Article argues that these relationships deserve greater attention in both policy and scholarship because they shed light on important questions about the significance of the public in national parks. Finally, as a prescriptive matter, the Article concludes that these non-extractive relationships between private firms and the national parks warrant clearer restrictions in government policy to preserve the essential publicness of these lands.

Keywords: public lands, environmental law, corporate social responsibilty, cause-related marketing, halo effect

Suggested Citation

Light, Sarah E., National Parks, Incorporated (December 30, 2020). University of Pennsylvania Law Review, Vol. 169, No. 1, p. 33, 2020, Available at SSRN: https://ssrn.com/abstract=3757616

Sarah E. Light (Contact Author)

University of Pennsylvania, The Wharton School - Legal Studies & Business Ethics Department ( email )

3730 Walnut Street
Suite 600
Philadelphia, PA 19104-6365
United States

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