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Waddell’s Lessee, that the Supreme Court ratified the public trust doctrine. [2] Still, Illinois Central has been referred to as "the Lodestar in American Public Trust Law". [2] As of 2010, the courts of 35 states had cited Illinois Central in their articulation of the public trust doctrine. [2]
James L. Huffman, "Fish Out of Water: The Public Trust Doctrine in a Constitutional Democracy " Issues in Legal Scholarship, Joseph Sax and the Public Trust (2003): Article 6. Restoring The Trust: Water Resources & The Public Trust Doctrine, A Manual For Advocates (PDF). Center for Progressive Reform. September 2009. "Mono Lake Committee".
The leading case that established the public trust doctrine in the U.S. is the 1892 Supreme Court case Illinois Central Railroad v. Illinois.The Court held that public trust submerged lands belong to the respective States within which they are found, with the consequent right to use or dispose of any portion thereof, when that can be done without substantial impairment of the interest of the ...
Mary Christina Wood (born 1962) is an Oregon Philip H. Knight Professor of Law and author, best known for her writings advocating for the use of the public trust doctrine to compel government action on climate change. Wood originated the approach, called atmospheric trust litigation, "to hold governments worldwide accountable for reducing ...
Public trust doctrine; ... [91] the publication of Cormac Cullinan's Wild Law book in 2003, ... (PDF). Tulane Environmental Law Journal. 31.
In other words, though an individual may own the land upon which wildlife resides, that individual does not own said wildlife. Instead, the wildlife is owned by all citizens. With origins in Roman times and English Common law, the public trust doctrine has at its heart the 1842 Supreme Court ruling Martin V. Waddell. [7]
Joseph Lawrence Sax (February 3, 1936 – March 9, 2014) was an American environmental law professor, known for developing the public trust doctrine. [1]Born and raised in Chicago, Sax graduated from Harvard University in 1957 and then earned a J.D. degree in 1959 [2] from the University of Chicago Law School. [1]
Furthermore, they argued, neither the First Amendment nor the doctrine of public trust is applicable to copyright cases. On October 28, 1999, Judge June Green issued a brief opinion rejecting all three of the petitioners' arguments. On the first count, she wrote that Congress had the power to extend terms as it wished, as long as the terms ...