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Full-Text Articles in Law

The Public Trust Doctrine In Washington, A. Reid Allison Iii Jan 1987

The Public Trust Doctrine In Washington, A. Reid Allison Iii

Seattle University Law Review

This Article addresses questions of resource allocation and property rights, first, by presenting a brief description of the historical and legal foundation of coastal resource allocation in the United States: the “public trust doctrine.” Second, a survey of the Washington experience demonstrates, surprisingly, that a state whose 2,337 miles of marine coastline approximately equals the length of the entire remaining coastline of the contiguous western United States, has managed to establish a viable and responsive regulatory regime governing coastal resource use with scarcely a mention in its laws of the “public trust doctrine.”


Property, Gerald Bobango Jan 1987

Property, Gerald Bobango

West Virginia Law Review

No abstract provided.


A Common Law For The Statutory Era: The Right Of Publicity And New York's Right Of Privacy Statute, Frederick R. Kessler Jan 1987

A Common Law For The Statutory Era: The Right Of Publicity And New York's Right Of Privacy Statute, Frederick R. Kessler

Fordham Urban Law Journal

This note compares New York's privacy statute with the common law right of publicity. The article first traces the history of each law, then goes on to compare their effects. The author argues that exploitation of persona warrants judicial recognition of a common law right of publicity in New York, despite the argument that the creation of such a right should be left to the discretion of the legislature.


New York Debates Commercial Rent Control: Designer Ice Cream Stores Versus The Corner Grocer, John J. Powers Jan 1987

New York Debates Commercial Rent Control: Designer Ice Cream Stores Versus The Corner Grocer, John J. Powers

Fordham Urban Law Journal

This Note will review the history of commercial rent regulation in New York City and examine existing commercial rent regulation proposals, both in terms of their underlying goals and their methods of operation. The Note will argue that, as a matter of general economic and public policy, the legislature should not enact commercial rent regulations. In light of these policy considerations, the Note will then examine specific conclusions of the Commission in its Final Report and its assessment of proposed strategies to deal with the problem related to the escalation of commercial rents for small businesses and neighborhood consumers in …