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The Public Trust: A Fundamental Doctrine of American Property Law
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Harrison C. Dunning
Published/Copyright:
October 8, 2003
Professor Dunning argues that the public trust doctrine, with provides for public access to navigable waters and a significant range of related natural resources, deserves more recognition than it currently receives from property law scholars. He notes the doctrine in some states has taken on the status of an implied constitutional doctrine, which greatly adds to its theoretical interest and practical impact.
Published Online: 2003-10-8
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Articles in the same Issue
- Article
- Democracy, Distrust, and the Public Trust: Process-based Constitutional Theory, the Public Trust Doctrine, and the Search for a Substantive Environmental Value
- Public Property and the Democratization of Western Water Law: a Modern View of the Public Trust Doctrine
- Mono Lake and the Evolving Public Trust in Western Water
- Trust Theory of Environmental Protection, and Some Dark Thoughts on the Possibility of Law Reform
- The Public Trust: A Fundamental Doctrine of American Property Law
- Fish Out of Water: The Public Trust Doctrine in a Constitutional Democracy
- Variation on a Theme: Expanding the Public Trust Doctrine to Include Protection of Wildlife
- Joseph Sax and the Idea of the Public Trust
- The Public Trust and In-stream Uses