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Article: Public trust and distrust: the theoretical implications of the public trust doctrine for natural resource management.
- Article from:
- Environmental Law
- Article date:
- March 22, 2001
- Author:
CopyrightCOPYRIGHT 2001 Lewis & Clark Northwestern School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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This Comment reviews the theoretical underpinnings of the public trust, a doctrine originating in Roman common law and now constitutionalized by many states, and explores its contentious reception by green legal theorists. Since Professor Joseph Sax's revival of the doctrine as a vehicle for environmental legal advocacy in the early 1970s, it has been hailed by many as the most powerful tool available for protecting natural resource commons and attacked by others who argue that use of the property rights-based doctrine will reify an ownership approach to natural resources and obstruct the development of more stewardship-oriented legal theories of natural resource ...
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Article: The public trust doctrine, parens patriae, and the ...
Duke Environmental Law & Policy Forum;
September 22, 2005 ;
700+ words
...The public trust is an inherently flexible doctrine. It has much room ... may have on surface water. E. Codification of the Public Trust Under State Constitutions The public trust doctrine is being codified in many state constitutions ...
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