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August 8, 2011

THE PUBLIC TRUST DOCTRINE, PART II: On The Defensive

http://www.lexjustis.com/2011/08/the-public-trust-doctrine-part-ii-on-the-defensive/

[From the seminal article by Joseph L. Sax, “The Public Trust Doctrine,” in the Michigan Law Review. January 1970. Volume 68, pp. 470-566.] ++++++++++++ The greatest problem in today’s world is the excessive exercise of control by the State.  Therefore, any discussion about balancing the ‘public need’ with the needs of the ‘private interest’ held [...]