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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

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  • Must the Federal Government Honor an "Equal Protection" Rule?0

    • August 4, 2013

    Does the Constitution require the federal government to afford “equal protection of the laws?” At first glance at the Constitution’s text, it would appear not. There is no general Equal Protection Clause in the Constitution applying to the federal government—although there are a lot of clauses requiring equal treatment in specific situations. The Equal Protection

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