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Full-Text Articles in Law
Modern Public Trust Principles: Recognizing Rights And Integrating Standards, Alexandra B. Klass
Modern Public Trust Principles: Recognizing Rights And Integrating Standards, Alexandra B. Klass
ExpressO
The public trust doctrine has a long history from its beginnings as an obligation on states to hold lands submerged under navigable waters in trust for the public, to its resurgence in the 1970s as a protector of natural resources, to its influence on state statutory and constitutional law as the public embraced environmental protection principles. However, many have argued that the public trust doctrine has not lived up to its potential as a major player in environmental and natural resources law. This article proposes a new framework for the public trust doctrine as a state tool for environmental protection …
Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp
Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp
ExpressO
Capture theory--in which private purpose is substituted for government purpose--sheds light on a technique which is coming into greater use post-Kelo v. New London. That case affirmed that eminent domain use need only be rationally related to a legitimate government purpose. Capture theory focuses litigators' attention on "government purpose." That is a question of fact for the trier of fact. This article shows how to use civil discovery in order to show the Court that private purpose has been substituted for government purpose. If it has, the eminent domain use fails, because the use does not meet minimum scrutiny. This …