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Full-Text Articles in Law
The Roman Public Trust Doctrine--What Was It, And Does It Support An Atmospheric Trust?, J. B. Ruhl, Thomas A.J. Mcginn
The Roman Public Trust Doctrine--What Was It, And Does It Support An Atmospheric Trust?, J. B. Ruhl, Thomas A.J. Mcginn
Vanderbilt Law School Faculty Publications
Through building waves of legal scholarship and litigation, a group of legal academics and practitioners is advancing a theory of the public trust doctrine styled as the "atmospheric trust." The atmospheric trust would require the federal and state governments to regulate public and private actors to reduce greenhouse gas emissions to abate climate change. The traditional common law version of the American public trust doctrine requires that states owning title to lands submerged under navigable waters manage them in trust for the public to use for navigation, fishing, and commerce and that the states not alienate such resources to the …
Protecting Instream Flows In Prior Appropriation States: Legal And Policy Issues, Janet C. Neuman
Protecting Instream Flows In Prior Appropriation States: Legal And Policy Issues, Janet C. Neuman
Water and Growth in the West (Summer Conference, June 7-9)
17 pages.
A Trust For All The People: Rethinking The Management Of Washington's State Forests, Daniel Jack Chasan
A Trust For All The People: Rethinking The Management Of Washington's State Forests, Daniel Jack Chasan
Seattle University Law Review
In this Article, I will first point out that neither the federal Enabling Act nor the Washington Constitution explicitly requires the state to hold its granted lands in trust for the common schools or other named institutions. Next, I will argue that even if the granted lands are trusts, they are not common law trusts and therefore should not be managed under common law trust principles. Third, I will demonstrate that neither Congress nor the framers of the Washington Constitution expected the lands to generate maximum revenue. Fourth, I will show that preventing thefts and giveaways of public land and …