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The Evolution Of The Public Trust Doctrine And The Degradation Of Trust Re- Sources: Courts, Trustees And Political Power In Wisconsin, Melissa K. Scanlan Jan 2000

The Evolution Of The Public Trust Doctrine And The Degradation Of Trust Re- Sources: Courts, Trustees And Political Power In Wisconsin, Melissa K. Scanlan

Melissa K. Scanlan

The public trust doctrine is rooted in ancient Roman law and the Wisconsin Constitution. Ancient Roman jurists be- lieved that the natural law concept that the waters are common to all was not subject to the changing whims of legis- latures. Similarly, modern theorists assert that a constitutionally-based doctrine will be more insulated from politics. This Comment demonstrates the limits of these theories. The trust doctrine is not immutable. Based on interviews with the trustees of Wisconsin's water resources, this Comment uncovers the constraints on the trustees. It shows that trust resources are at risk due to politically-motivated decisions and …


Immigrant Nations: A Comparison Of The Immigration Law Of Australia And The United States, Ty Twibell Dec 1999

Immigrant Nations: A Comparison Of The Immigration Law Of Australia And The United States, Ty Twibell

Ty Twibell

This article discusses the political, legal and cultural similarities between the United States and Australia. It ties in the experience of the author in living both these countries and as an immigration attorney.
As an introduction, this article notes that Australia and the U.S. have many common traits. Both Australia and the U.S. are termed “immigrant nations” because the vast majority of what constitutes the populations in the current political entities of the “Commonwealth of Australia” or the “United States of America” are immigrants. Both nations were also rooted in the colonialism of the British Empire with corresponding Anglo-American legal …