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Revisiting Hudson County Water Co. V. Mccarter: Realism, The Public Trust Doctrine, And Environmental Conservation In The Lochner Era, Steven Huffman

Masters Theses & Specialist Projects

Legal histories of the Gilded Age and Progressive Era tend to focus inordinately on economic regulation within a doctrinal framework in which private rights, equal protection, and “substantive” due process guided judicial decision-making. Consequently, the overarching economic context in prevailing legal historiography obscures an important yet oft-overlooked development in the linkage between public rights, natural resource trusteeship, and the early-twentieth-century environmental conservation movement. This development is inextricably tied to the evolution of water law in the late nineteenth century and the expansion of the American commercial republic. A normative understanding of public water rights during this period is confined to …