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Full-Text Articles in Law

The Roman Public Trust Doctrine--What Was It, And Does It Support An Atmospheric Trust?, J. B. Ruhl, Thomas A.J. Mcginn Nov 2000

The Roman Public Trust Doctrine--What Was It, And Does It Support An Atmospheric Trust?, J. B. Ruhl, Thomas A.J. Mcginn

Vanderbilt Law School Faculty Publications

Through building waves of legal scholarship and litigation, a group of legal academics and practitioners is advancing a theory of the public trust doctrine styled as the "atmospheric trust." The atmospheric trust would require the federal and state governments to regulate public and private actors to reduce greenhouse gas emissions to abate climate change. The traditional common law version of the American public trust doctrine requires that states owning title to lands submerged under navigable waters manage them in trust for the public to use for navigation, fishing, and commerce and that the states not alienate such resources to the …


Protecting Instream Flows In Prior Appropriation States: Legal And Policy Issues, Janet C. Neuman Jun 2000

Protecting Instream Flows In Prior Appropriation States: Legal And Policy Issues, Janet C. Neuman

Water and Growth in the West (Summer Conference, June 7-9)

17 pages.


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 …


A Trust For All The People: Rethinking The Management Of Washington's State Forests, Daniel Jack Chasan Jan 2000

A Trust For All The People: Rethinking The Management Of Washington's State Forests, Daniel Jack Chasan

Seattle University Law Review

In this Article, I will first point out that neither the federal Enabling Act nor the Washington Constitution explicitly requires the state to hold its granted lands in trust for the common schools or other named institutions. Next, I will argue that even if the granted lands are trusts, they are not common law trusts and therefore should not be managed under common law trust principles. Third, I will demonstrate that neither Congress nor the framers of the Washington Constitution expected the lands to generate maximum revenue. Fourth, I will show that preventing thefts and giveaways of public land and …


Should Lucas V. South Carolina Coastal Council Protect Where The Wild Things Are? Of Beavers, Bob-O-Links, And Other Things That Go Bump In The Night, Hope M. Babcock Jan 2000

Should Lucas V. South Carolina Coastal Council Protect Where The Wild Things Are? Of Beavers, Bob-O-Links, And Other Things That Go Bump In The Night, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Lucas v. South Carolina Coastal Council is one of several recent Supreme Court decisions in which the Court used the Just Compensation Clause as a "weapon of reaction" to strike down an offending land use restriction. In Lucas, the target of the Court's animus was a state law prohibiting a landowner from developing two beachfront lots. The South Carolina Supreme Court upheld the law as a legitimate exercise of the State's police power to protect the public from harm in the face of a takings challenge by the landowner. The U.S. Supreme Court rejected the South Carolina court's talismatic …