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The Public Trust Doctrine: What A Tall Tale They Tell, Hope M. Babcock
The Public Trust Doctrine: What A Tall Tale They Tell, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Despite continuing hostility towards the public trust doctrine because of its potential to defeat private property rights and the will of elected representatives, the doctrine refuses to die. It continues to assure public access to and protection of certain natural resources of communal value; in fact, the doctrine's geographic reach and the activities it protects have expanded beyond its original conception. It is this doctrinal accretion that has drawn the attention of Professor James Huffman, who in a recent article criticizes the "ambitions" of public trust scholars who see in "an expansive public trust doctrine . . . a powerful …