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  • “Progressive” Misrepresentations of the Public Trust Doctrine0

    • August 9, 2014

    While hosting a Montana radio talk show in the late 1990s, I interviewed a prominent left-wing environmental activist. He was promoting an anti-mining ballot measure. During the interview, he read from a 16th-century book that (he said) had shown that mining had all sorts of evil effects. But something about the quote did not ring

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  • New Article: Government's Obligation To Be Impartial0

    • August 8, 2014

    The Constitution was adopted amid a belief that government is a public trust.* Does the Constitution require federal and state governments to adhere to formal duties of public trust—that is, to fiduciary duties? In some places, at least, it clearly does: The Equal Protection Clause of the Fourteenth Amendment imposes on the states what is

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  • New Article: Government’s Obligation To Be Impartial0

    • August 8, 2014

    The Constitution was adopted amid a belief that government is a public trust.* Does the Constitution require federal and state governments to adhere to formal duties of public trust—that is, to fiduciary duties? In some places, at least, it clearly does: The Equal Protection Clause of the Fourteenth Amendment imposes on the states what is

    READ MORE