view

THE PUBLIC TRUST DOCTRINE: A UNITED STATES AND COMPARATIVE ANALYSIS

THE PUBLIC TRUST DOCTRINE: A UNITED STATES AND COMPARATIVE ANALYSIS

Click here to read the article

Abstract: The Public Trust Doctrine (PTD or the Doctrine) can be traced back in time as far as the Roman Empire, but it fl ourished into the modern conception in pre-Colonial England. The Doctrine can apply to any sovereign who holds land for the benefi t of the people. This article defi nes and explores the growth and development of the PTD in the United States — fi rst from the perspective of the federal government as sovereign. The article next turns to the individual state governments and explores the evolution of the Doctrine, comparing the expansion and growth among the states. Finally, the article overviews the use of the PTD intra-nationally and compares the development of the Doctrine outside of the United States. The presence of the Doctrine worldwide largely refl ects the broad reach of English colonialism. The article concludes by evaluating the potential benefi ts and drawbacks of the theoretical expansion of the PTD.

Keywords: public trust doctrine; property law; water; navigable waterways; submerged and adjacent lands; private use of public land; public access; shoreline; comparative law; common law 

Click here to read the article

You may also like

Simon NM Young

ENFORCING CRIMINAL LAW THROUGH CIVIL PROCESSES: HOW DOES HUMAN RIGHTS LAW TREAT “CIVIL FOR CRIMINAL PROCESSES”?
Victoria Roper, Elaine Campbell, Assaf Ben-David, Dov Greenbaum and Jonathan Askin

UNDERSTANDING THE SCOPE OF BUSINESS LAW CLINICS: PERSPECTIVES FROM THE UNITED KINGDOM, ISRAEL AND THE UNITED STATES
David L Callies and Katie L Smith

Author's other articles in JICL
FAIR HOUSING, DISCRIMINATION AND INCLUSIONARY ZONING IN THE UNITED STATES
VOLUME JUNE 2017
THE PUBLIC TRUST DOCTRINE: A UNITED STATES AND COMPARATIVE ANALYSIS
VOLUME JUNE 2020

View PDF file

View PDF file

View PDF file

View PDF file

Login/Register

Submissions

JICL welcomes full length articles (generally not exceeding 13,000 words inclusive of footnotes), shorter contributions in the form of notes and comments (generally not exceeding 8,000 words inclusive of footnotes) and book review articles of not more than 6,000 words.

We accept contributions for consideration on an exclusive submission basis. When submitting an article please certify that it is an unpublished article (that is, it has not been previously published in substantially similar form or with substantially similar content) and that it is not under consideration by any other journal.

To facilitate anonymous review, please give the names of authors and their short biographical information and acknowledgments in a separate page.

Authors retain copyright in the words used, but upon submission of material for publication, grant Sweet & Maxwell a licence to publish the submission in print and/or digital formats. Sweet & Maxwell retains copyright in the design, format and layout of all material published in JICL.

Once submissions are published, authors are entitled to one copy of the issue, 10 offprint copies and a PDF version of the submission.

Authors who send articles published in JICL to other publishers or media must include a reference to the publication of the article by JICL and Sweet & Maxwell.

Contributions and book reviews should be submitted in Microsoft Word format by way of email attachment to Professor Anton Cooray at Anton.cooray.1@city.ac.uk.

Style Guide

Authors should follow the OSCOLA citation system (http://www.law.ox.ac.uk/publications/oscola.php), except that we prefer authors to use indenting sparingly.

JICL uses the following heading levels: Main headings are in bold and preceded by a Roman numeral; second-level headings are in bold and italics and preceded by an uppercase alphabet; third-level headings are preceded by an Arabic numeral; and fourth-level headings are in italics and preceded by a lowercase alphabet.