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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".
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]
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]
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 ...
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 ...
The public trustee is an office established pursuant to national (and, if applicable, state or territory) statute, to act as a trustee, usually when a sum is required to be deposited as security by legislation, if courts remove another trustee, or for estates if either no executor is named by will or the testator elects to name the public trustee.
The public trust doctrine, as discussed by the Court in this judgment was a part of the law of the land. The prior approval granted by the Government of India, Ministry of Environment and Forest and the lease-deed dated 11.04.1994 in favour of the Motel were quashed.
The doctrine of cy-pres is a form of variation of trusts; it allows the original purpose of the trust to be altered. The doctrine originated in ecclesiastical law, the name coming as a contraction of the Norman French cy pres comme possible (as close as possible), [71] and is typically used where the original purpose of the charity has failed ...