Abstract

http://ssrn.com/abstract=1928621
 


 



The Evolution of the Public Trust Doctrine and the Degradation of Trust Resources: Courts, Trustees and Political Power in Wisconsin


Melissa K. Scanlan


Vermont Law School

September 16, 2000

Ecology Law Quarterly, Vol. 27, No. 135, 2000
Univ. of Wisconsin Legal Studies Research Paper Archival Collection

Abstract:     
The public trust doctrine is rooted in ancient Roman law and the Wisconsin Constitution. Ancient Roman jurists believed that the natural law concept that the waters are common to all was not subject to the changing whims of legis- latures. Similarly, modern theorists assert that a constitutionally-based doctrine will be more insulated from politics. This Comment demonstrates the limits of these theories. The trust doctrine is not immutable. Based on interviews with the trustees of Wisconsin's water resources, this Comment uncovers the constraints on the trustees. It shows that trust resources are at risk due to politically-motivated decisions and lax enforcement.

Number of Pages in PDF File: 63

Keywords: public trust doctrine, empirical study, Wisconsin, Department of Natural Resources, water law, water, riparian rights, institutes of justinian

JEL Classification: K32

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Date posted: September 20, 2011  

Suggested Citation

Scanlan, Melissa K., The Evolution of the Public Trust Doctrine and the Degradation of Trust Resources: Courts, Trustees and Political Power in Wisconsin (September 16, 2000). Ecology Law Quarterly, Vol. 27, No. 135, 2000; Univ. of Wisconsin Legal Studies Research Paper Archival Collection. Available at SSRN: http://ssrn.com/abstract=1928621

Contact Information

Melissa K. Scanlan (Contact Author)
Vermont Law School ( email )
68 North Windsor Street
P.O. Box 60
South Royalton, VT 05068
United States
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