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Academic

: Legal Theory Blog

Smith on the Public Trust Doctrine & the Public Good

By Lawrence Solum

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George P. Smith II (Catholic University of America - Columbus School of Law) has posted Stewardship, the Common Good, and Resource Management: Socio-Economic, Legal, and Philosophical Challenges on SSRN. Here is the abstract:
    The Public Trust Doctrine, long acknowledged as an important legal tool in natural resource management, is shaped and directed by the public or common good. How inclusive or exclusive this good is acknowledged to be is determined legislatively or judicially and depends upon a complex utilitarian (cost/benefit) calculus which is underpinned by intricate socio-economic, legal, and philosophical vectors of force. A framework for determining the calculus is presented in this paper.

Full post as published by Legal Theory Blog on December 10, 2009 (boomark / email).

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