DOCSLIB.ORG

The Illinois Central Public Trust Doctrine and Federal Common Law: an Unconventional View

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Illinois Central Public Trust Doctrine and Federal Common Law: an Unconventional View Hastings Environmental Law Journal Volume 16 Number 1 Winter 2010 Article 8 1-1-2010 The Illinois Central Public Trust Doctrine and Federal Common Law: An Unconventional View Crystal S. Chase Follow this and additional works at: https://repository.uchastings.edu/ hastings_environmental_law_journal Part of the Environmental Law Commons Recommended Citation Crystal S. Chase, The Illinois Central Public Trust Doctrine and Federal Common Law: An Unconventional View, 16 Hastings West Northwest J. of Envtl. L. & Pol'y 113 (2010) Available at: https://repository.uchastings.edu/hastings_environmental_law_journal/vol16/iss1/8 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Environmental Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. The Illinois Central Public Trust Doctrine and Federal Common Law: An Unconventional View * Crystal S. Chase I. INTRODUCTION ............................................................................... 114 II. BACKGROUND: NINETEENTH CENTURY JURISPRUDENTIAL UNDERPINNINGS OF ILLINOIS CENTRAL ........................................... 117 A. Martin v. Waddell’s Lessee: The Supreme Court Ratifies the Public Trust Doctrine..................................................... 118 B. Pollard v. Hagan: The Supreme Court Articulates the Equal Footing Doctrine ....................................................... 121 C. Weber v. Board of Harbor Commissioners: The Public Trust Limits the Right to Wharf Out ............................................. 123 D. McCready v. Virginia: The Public Trust As a Power to Regulate Common Property for the Public Good .............. 124 III. THE FACTS AND LAW OF ILLINOIS CENTRAL ..................................... 125 A. The Factual History Behind the Case: How Illinois Central Arrived Before the Supreme Court ......................... 126 B. B. Examining the Source: The Language and Rationale of Illinois Central ..................................................................... 129 IV. EXPLAINING THE ORIGINS OF THE ILLINOIS CENTRAL RESTRAINT AGAINST ALIENATION ..................................................................... 133 A. Eliminating Unpersuasive Theories ................................... 133 B. Developing a Persuasive Explanation for the Source of the Illinois Central Public Trust Doctrine .............................. 137 V. RECONCILING ILLINOIS CENTRAL AND SUBSEQUENT SUPREME COURT DECISIONS .......................................................................... 143 A. Shively v. Bowlby: The Court Considers the Validity of Pre-Statehood Federal Grants of Submerged Lands ........ 143 B. Appleby v. City of New York: The Court Upholds a Conveyance of Submerged Lands that Does Not Substantially Impair the Public Trust ................................. 145 C. Phillips Petroleum Co. v. Mississippi: The Court Officially Extends the Public Trust to Non-navigable Tidewaters ... 147 VI. ILLINOIS CENTRAL’S LEGACY ON STATE COURT JURISPRUDENCE ..... 150 * J.D., Lewis & Clark Law School 2009; B.S. Foreign Service 2006, Georgetown University. This Comment grew out of a seminar on the Public Trust Doctrine taught by Professor Michael Blumm in Fall 2008. The author would like to thank Professor Blumm for his encouragement and insightful critiques. 113 West Northwest, Vol. 16, No. 1, Winter 2010 A. Truly a “Lodestar”? General Trends in State Court Treatment of Illinois Central ................................................... 151 B. How States Have Put the Illinois Central Public Trust Doctrine To Work ................................................................. 156 VII. CONCLUSION .................................................................................. 162 I. Introduction In 1970, Joseph Sax sounded a call for reinvigorating the public trust doctrine as a means for developing comprehensive legal solutions to natural resource management challenges.1 Since then, states have applied the public trust doctrine in many forms, including as a rule of statutory interpretation, a potential background principle of state property law in cases alleging takings, and a procedural overlay for administrative decision- making processes.2 However, the heart of the public trust doctrine lies in its original formulation as a restraint on state alienation of public trust lands under navigable waters, as first articulated by Justice Stephen J. Field in the United States Supreme Court’s decision in Illinois Central Railroad v. Illinois.3 The Illinois Central opinion established the original public trust limitation on state power. A state may not abdicate control over public trust lands, subject to two narrow exceptions: for purposes promoting the trust, and conveyances which do not work a substantial impairment of the public interest.4 Although much has been written about Illinois Central,5 it remains 1. Joseph L. Sax, The Public Trust Doctrine in Natural Resource Law: Effective Judicial Intervention, 68 MICH. L. REV. 471, 474 (1970). 2. See, e.g., Michael C. Blumm, Public Property and the Democratization of Western Water Law: A Modern View of the Public Trust Doctrine, 19 ENVTL. L. 573, 578 (1989) (arguing the public trust operates as a democratizing principle in at least four distinct ways: (1) as a public easement guaranteeing access, (2) as a restrictive servitude barring takings claims, (3) as a rule of statutory construction creating presumptions against trust termination, and (4) as a requirement of reasoned decision-making). 3. Illinois Cent. R.R. Co. v. Illinois (Illinois Central), 146 U.S. 387, 453–55 (1892). 4. Id. at 453. 5. A December 2, 2008 Westlaw search reveals the case has been cited in 551 law review articles. See, e.g., Joseph D. Kearney & Thomas W. Merrill, The Origins of the American Public Trust Doctrine: What Really Happened in Illinois Central, 71 U. CHI. L. REV. 799 (2004) (describing the factual history behind the case); Douglas L. Grant, Underpinnings of the Public Trust Doctrine: Lessons from Illinois Central Railroad, 33 ARIZ. ST. L.J. 849, 851 (2001) (arguing the “underpinnings” of the Illinois Central public trust doctrine are found in the Contract Clause of the United States Constitution and the reserved powers doctrine); Richard A. Epstein, The Public Trust Doctrine, 7 CATO J. 411, 422–28 (1987) (explaining that although the Constitutional basis for the Illinois Central public trust doctrine is not clearly evident from the opinion, the case is best explained by the Equal Protection Clause of the United States Constitution because “[w]hen property is conveyed out of public trust for inadequate consideration, some 114 West Northwest, Vol. 16, No. 1, Winter 2010 unclear whether the origins of the opinion’s public trust doctrine lie in federal or state law. The answer to this question is essential because if the Illinois Central public trust doctrine arises from federal law, then the rule against alienation applies to all states, not just to Illinois.6 In his seminal article, Charles Wilkinson explored the origins, or the “headwaters” of the public trust.7 Tracing the history of the public trust doctrine back to Roman and English common law, Wilkinson observed how the real foundations for the trust lay in the “high public value in water” recognized by countless societies.8 He explained that the United States was no exception, as the nation’s rivers functioned as natural highways for transportation and commerce since the foundation of the republic.9 Wilkinson persuasively argued that the Supreme Court’s Illinois Central decision must “have been premised on federal law” because the most logical explanation is to view the trust as an implied condition of statehood designed to keep navigable watercourses free from obstructions to navigation.10 He concluded that the public trust doctrine operates as a creature of both federal and state law because it provides broad discretion to the states to control trust lands, while retaining a federally imposed limit on the ability of states to abdicate their responsibility as trustees.11 Wilkinson briefly discussed how many state courts have treated the underlying principles of Illinois Central as law of general applicability, rather than a creature of Illinois state law.12 Other commentators characterized the treatment of Illinois Central as highly persuasive, but stopped short of describing the states’ views of Illinois Central as mandatory or binding.13 Still citizens receive disproportionate benefits, while others receive disproportionate losses” in violation of equal protection); see also sources cited infra notes 8, 9, & 13. 6. Cf. Eric Pearson, Illinois Central and the Public Trust Doctrine in State Law, 15 VA. ENVTL. L.J. 713, 721 (1996) (“Resolving the status of Illinois Central proves significant because, if the case is understood to be only persuasive, rather than mandatory, states may contract, eliminate, or halt the expansion of the [public trust] doctrine.”). 7. Charles F. Wilkinson, The Headwaters of the Public Trust: Some Thoughts on the Source and Scope of the Traditional Doctrine, 19 ENVTL. L. 425 (1989). 8. Id. at 429-31, 431. 9. Id. at 431-38. 10. Id. at 453, 458. 11. Id. at 461-62. 12. See id. at 463 & n.163 (citing state cases). 13. HARRISON DUNNING, WATERS AND WATER RIGHTS, § 30.02(b)(1) & nn.140 & 154 (Robert E. Beck ed., 1991); see also Michael C. Blumm, Harrison C. Dunning,
Load more

Recommended publications
  • Interview with Dawn Clark Netsch # ISL-A-L-2010-013.07 Interview # 7: September 17, 2010 Interviewer: Mark Depue
    Interview with Dawn Clark Netsch # ISL-A-L-2010-013.07 Interview # 7: September 17, 2010 Interviewer: Mark DePue COPYRIGHT The following material can be used for educational and other non-commercial purposes without the written permission of the Abraham Lincoln Presidential Library. “Fair use” criteria of Section 107 of the Copyright Act of 1976 must be followed. These materials are not to be deposited in other repositories, nor used for resale or commercial purposes without the authorization from the Audio-Visual Curator at the Abraham Lincoln Presidential Library, 112 N. 6th Street, Springfield, Illinois 62701. Telephone (217) 785-7955 Note to the Reader: Readers of the oral history memoir should bear in mind that this is a transcript of the spoken word, and that the interviewer, interviewee and editor sought to preserve the informal, conversational style that is inherent in such historical sources. The Abraham Lincoln Presidential Library is not responsible for the factual accuracy of the memoir, nor for the views expressed therein. We leave these for the reader to judge. DePue: Today is Friday, September 17, 2010 in the afternoon. I’m sitting in an office located in the library at Northwestern University Law School with Senator Dawn Clark Netsch. Good afternoon, Senator. Netsch: Good afternoon. (laughs) DePue: You’ve had a busy day already, haven’t you? Netsch: Wow, yes. (laughs) And there’s more to come. DePue: Why don’t you tell us quickly what you just came from? Netsch: It was not a debate, but it was a forum for the two lieutenant governor candidates sponsored by the group that represents or brings together the association for the people who are in the public relations business.
    [Show full text]
  • Petitioners, V
    No. 20- IN THE Supreme Court of the United States MARIA PAppAS, TREASURER AND EX-OFFICIO COLLEctOR OF COOK COUntY, ILLINOIS AND THE COUntY OF COOK, Petitioners, v. A.F. MOORE & ASSOCIATES, Inc., J. EmIL AnDERSON & SON, Inc., PRIME GROUP REALTY TRUST, AmERICAN AcADEMY OF ORTHOPAEDIC SURGEONS, ERLIng EIDE, FOX VALLEY/RIVER OAKS PARTNERSHIP, SIMON PROPERTY GROUP, INC. AND FRITZ KAEGI, ASSESSOR OF COOK COUNTY, Respondents. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES CouRT OF AppEALS FOR THE SEVENTH CIRcuIT PETITION FOR A WRIT OF CERTIORARI CATHY MCNEIL STEIN KIMBERLY M. FOXX AssisTANT STATE’S ATTORNEY COOK COUNTY STATE’S ATTORNEY CHIEF, CIVIL ACTIONS BUREAU 500 Richard J. Daley Center Chicago, Illinois 60602 PAUL A. CASTIGLIONE* (312) 603-2350 ANTHONY M. O’BRIEN [email protected] AssisTANT STATE’S ATTORNEYS Of Counsel Counsel for Petitioners * Counsel of Record 297284 A (800) 274-3321 • (800) 359-6859 i QUESTIONS PRESENTED 1. Whether the Equal Protection Clause mandates that a real estate taxpayer seeking a refund based on an over assessment of real property be able to challenge the methodology that the assessing official used and to conduct discovery on such assessment methodology, where that methodology is not probative to the refund claim that State law provides and where State law provides a complete and adequate remedy in which all objections to taxes may be raised. 2. Whether the decision below improperly held that the Tax Injunction Act and the comity doctrine did not bar federal jurisdiction over Respondents’
    [Show full text]
  • The Urgent Need in Illinois for Unit-Based Multidisciplinary Teams to Investigate Child Abuse
    THE URGENT NEED IN ILLINOIS FOR UNIT-BASED MULTIDISCIPLINARY TEAMS TO INVESTIGATE CHILD ABUSE Recommendations to the Illinois General Assembly per Public Act 099-0023 By The Illinois Children’s Justice Task Force February 2016 TABLE OF CONTENTS Acronyms ...................................................................................................................................................................... 1 Acknowledgements ....................................................................................................................................................... 2 Executive Summary ....................................................................................................................................................... 6 Introduction .................................................................................................................................................................. 8 What is a Unit-Based Multidisciplinary Team? ....................................................................................................... 11 Child Maltreatment in Illinois: Priorities for Unit-Based MDT Investigations ......................................................... 12 Vision for Statewide Unit-Based Multidisciplinary Teams .......................................................................................... 15 Guiding Principles and Strategies ........................................................................................................................... 17 Unit-Based MDT
    [Show full text]
  • Books Discounted All the Time All Prices Subject To
    Page 1 of 22 All books discounted all the time All prices subject to change w/o notice September 16, 2021 Alphabetical list by title author list price you pay red = recent 1 One Hundred Years of Enduring Tradition - South Shore Line by Norman Carlson, Stefan Loeb, and Dr. George M. Smerk soft 29.95 25.95 2 100 PCC Trolley Cars Ran in Brooklyn by James C Greller soft 24.95 12.95 3 100 Years of Canadian Railway Recipes by Jean-Paul Viaud, Marie-Paule Partikian for transp Exporail Canada Museum 39.95 34.95 4 100 Years of Steam Locomotives by Walter A. Lucas 72.50 61.95 5 1846 Steamboat Disaster & Railroad Accident Accounts on CD orig publ by Warren Lazell archival, searchable CDROM 25.00 23.95 6 1925 Modern American Locomotive, The: Construction and Operation by Frederick J. Prior softbound 39.50 34.95 7 1st and 2nd Generation Locomotive Handbook, The by J. C. Kissinger soft 4x6 24.95 19.95 8 3 Days - 20 Bucks Rocky Mtn RR Club’s Narrow Gauge Excursions by Stan Rhine soft 24.95 20.95 9 400 Story, The Chicago & North Western's Premier Passenger Trains by Jim Scribbins soft 29.95 24.95 10 567E EMD Engine Maintenance Manual (blower type) by Railway Educational Bureau 8.5x11 comb bound 35.95 30.95 11 722 Miles: The Building of the Subways and How They Transformed New York Centennial Edition by Clifton Hood softbound 23.00 20.95 12 765, A Twenty-First Century Survivor A little history and some great stories from Rich Melvin, the 765's engineer by Richard Melvin 59.95 49.95 13 A Mighty Fine Road A History of the Chicago, Rock Island & Pacific Railroad Company by H.
    [Show full text]
  • Survey of Illinois Law for the Year 1938-1939
    Chicago-Kent Law Review Volume 18 Issue 1 Article 2 December 1939 Survey of Illinois Law for the Year 1938-1939 Chicago-Kent Law Review Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the Law Commons Recommended Citation Chicago-Kent Law Review, Survey of Illinois Law for the Year 1938-1939, 18 Chi.-Kent L. Rev. 1 (1939). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol18/iss1/2 This Notes is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. CHICAGO-KENT LAW REVIEW VOLUME 18 DECEMBER, 1939 NUMBER 1 SURVEY OF ILLINOIS LAW FOR THE YEAR 1938-1939' PERSONS MUNICIPAL CORPORATIONS L EGISLATIVE and judicial activity in the field of muni- cipal corporations during the past year has produced a considerable amount of material of importance to those per- sons having direct dealings with public agencies. In the leg- islative field further inroads have been made upon the stat- utory debt limitations of various political subdivisions. The 21/2 per cent limitation was removed in the case of school districts constructing or improving and equipping school buildings; 2 and in the case of cities, villages, and incorpor- ated towns, constructing or improving bridges and airport hangars of landing fields.3 A law has also been enacted requiring municipalities to ascertain the prevailing wage rates for all workmen em- ployed upon public construction projects and to specify in the contract documents that such rates must be paid by the contractors to whom public work is awarded." Another act passed by the legislature requires preference to be given on public works projects to resident Illinois laborers who are citizens of the United States or have received their first naturalization papers.
    [Show full text]
  • Transportation Trips, Excursions, Special Journeys, Outings, Tours, and Milestones In, To, from Or Through New Jersey
    TRANSPORTATION TRIPS, EXCURSIONS, SPECIAL JOURNEYS, OUTINGS, TOURS, AND MILESTONES IN, TO, FROM OR THROUGH NEW JERSEY Bill McKelvey, Editor, Updated to Mon., Mar. 8, 2021 INTRODUCTION This is a reference work which we hope will be useful to historians and researchers. For those researchers wanting to do a deeper dive into the history of a particular event or series of events, copious resources are given for most of the fantrips, excursions, special moves, etc. in this compilation. You may find it much easier to search for the RR, event, city, etc. you are interested in than to read the entire document. We also think it will provide interesting, educational, and sometimes entertaining reading. Perhaps it will give ideas to future fantrip or excursion leaders for trips which may still be possible. In any such work like this there is always the question of what to include or exclude or where to draw the line. Our first thought was to limit this work to railfan excursions, but that soon got broadened to include rail specials for the general public and officials, special moves, trolley trips, bus outings, waterway and canal journeys, etc. The focus has been on such trips which operated within NJ; from NJ; into NJ from other states; or, passed through NJ. We have excluded regularly scheduled tourist type rides, automobile journeys, air trips, amusement park rides, etc. NOTE: Since many of the following items were taken from promotional literature we can not guarantee that each and every trip was actually operated. Early on the railways explored and promoted special journeys for the public as a way to improve their bottom line.
    [Show full text]
  • Proceedings of the Grand Lodge of the State of Illinois Ancient Free And
    THE UNIVERSITY OF ILLINOIS LIBRARY PROCEEDINGS The Grand LoDCxE OF ILLINOIS, Ancient, Free and Accepted Masons, ^^fet^i4\si mmH pnual ^^ommuniration, CHICAGO, OCTOBER 3, 4 AND 5, A. L. 5871. DEWITT C. CREGIER, M. W. Grand Master. ORLIN H. MINER, R. W. Grand Secrktary. QUINCY: herald printing company, printers, binders, and stationers, I87I. : ANNUAL PROCEEDINGS. The Grand Lodge of Ancient, Free and Accepted Masons, of Illinois, met in Annual Grand Communication, pursuant to the pro- visions of the By-Laws, at Metropolitan Hall, in the City of Chicago, on Tuesday, the 3d day of October, A. D. 1871, A. L. 5871, at 10 o'clock A. M. PRESENT GRAND OFFICERS: M. W. DEWITT C. CREGIER Grand Master. R. W. JAMES A. HAWLEY Deputy Grand Master. R. W. GEORGE E. LOUNSBURY Senior Grand Warden. R. W. JAMES C. LUCKEY yu7iior Grand Warden. M. W. HARRISON DILLS Grand Treasurer. R. W. ORLIN H. MINER Grand Secretary. R. W. and REV. JOHN W. AGARD Grand Chaplain. W. THOMAS J. WHITEHEAD Grand Pursuivant. W. JOHN F. BURRILL Grand Marshal. W. ISAAC E. HARDY Grand Standard Bearer. W. WILLIAM H. EASTMAN Grand Sword Bearer. W. W. J. A. DELANCEY Grand Senior Deacon. W. HENRY W. DYER Grand Junior Deacon. W. HENRY E. HAMILTON Grand Steward. W. WILLIAM H. LONG Grand Steward. BRO. JOHN P. FERNS Grand Tyler. ;M1354 Proceedings of the niSTRICr DEPUTY GRAND MASTERS. U. \V. l!k(>. 11. FRANK IKJLCOMB First District. U. \V. " JOHN \V. CLYDE SmmJ District. U. \V. " DAVID A. CASIIMAN Third District. k. \V. " LOYAL L. MLNN Fifth District.
    [Show full text]
  • 1886-1887 Thirteenth Annual Catalog of the Southern Illinois Normal University Southern Illinois State Normal University
    Southern Illinois University Carbondale OpenSIUC SIU Bulletins and Course Catalogs University Archives 1886 1886-1887 Thirteenth Annual Catalog of the Southern Illinois Normal University Southern Illinois State Normal University Follow this and additional works at: http://opensiuc.lib.siu.edu/ua_bcc Recommended Citation , . "1886-1887 Thirteenth Annual Catalog of the Southern Illinois Normal University." (Jan 1886). This Article is brought to you for free and open access by the University Archives at OpenSIUC. It has been accepted for inclusion in SIU Bulletins and Course Catalogs by an authorized administrator of OpenSIUC. For more information, please contact [email protected]. Thirteenth Annual Catalogue -OF THE- Southern Illinois Normal University, Carbondale, Jackson County, Illinois. 1886-7. CARBONDALE, ILL.: FREE PRESS BOOK PRINT. 1SST. TRUSTEES. Hon. Thos. S. Ridgway, Shawneetown. Henry C. Fairbrother, M. D., East St. Louis. D. Fairfield. t Hon. Robley Adams, Ezekiel J. Ingersoll, Esq., Carbondale. Hon. Samuel P. Wheeler, Cairo. OFFICERS OF THE BOARD. Hon. Thos. S. Ridgway, Pros' t. Ezekiel J. Ingersoll, Esq., IScc. John S. Bridges, Treas. Charles W. Jerome, Registrar. Henry C. Fairbrothek, M. U., ) Auditing Committer Ezekiel J. Ingersoll, Esq., s . , FACULTY. ROBERT ALLYN, Principal, and Lecture)' on PedeCgogy, Ethics, and ^Esthetics. CHARLES W. JEROME, Teacher of Latin Language and Literature ; and Registrar. JOHN HULL, Teacher of Psychology, Pedagogy, and Higher Mathematics ; and Superintendent of Training Department: DANIEL B. PARKINSON, Teacher of Natural Philosophy, Chemistry, Astronomy, and Book-Keeping MARTHA BUCK, Teacher of Grammar and Etymology GEORGE H. FRENCH, Teacher of Natural History and Physiology ; and Curator. ESTHER C. FINLEY, Teacher of History ; and Librarian.
    [Show full text]
  • Classic Trains Index 2018-2019
    INDEX TO VOLUMES 19 and 20 CLASSIC TRAINS Spring 2018 through Winter 2019 (8 issues) 768 pages HOW TO USE THIS INDEX: Feature material has been indexed three or more times—once by the title under which it was published, again under the author’s last name, and finally under one or more of the subject categories or railroads. Photographs standing alone are indexed (usually by railroad), but photographs within a feature article usually are not separately indexed. Brief items are indexed under the appropriate railroad and/or category. Most references to people are indexed under the company with which they are commonly identified; if there is no common identification, they may be indexed under the person’s last name. Items from countries from other than the U.S. and Canada are indexed under the appropriate country name. ABBREVIATIONS: Sp = Spring issue, Su = Summer issue, Fa = Fall issue, Wi = Winter issue All contents of publications indexed © 2018, and 2019 by Kalmbach Media Co., Waukesha, Wis. A Baldwin Locomotive Works: C Steam’s Last Great Year, Fa19 14 Aberdeen & Rockfish: Baltimore & Ohio: Cajon Standoff, Way It Was, Wi19 80 All-Star Works the Minor Leagues, Archive Treasures, Wi19 46 Amtrak’s Early Years, from the Inside, Fa18 36 California Photo Special (Photo Section), Wi18 44 Abilene & Southern: Cinders: A Forgotten Commodity, Su18 86 California State Railroad Museum, Classics Today, Sp19 103 Steam-powered mixed train at Ballinger, Texas (photo), Su18 50 Dixie Goes the Backway, Sp18 54 California Western: ACF: See American Car & Foundry EM-1 class 2-8-8-4 7609 at night (photo), Fa19 1 Baldwin diesels by enginehouse in 1973 (photo), Su18 56 (color) Action at Jackson (Kentucky), Wi18 50 Engine with Everything (EM-1s), Steam’s Last Great Year, California Zephyr: Adrian & Blissfield: Fa19 22 At Oakland Pier, Sp19 20 (photo) Obscure Ohio & Morenci, Su18 60 George Washington: Seeking Streamliners in 1969, Wi19 54 At Omaha, Overnight to Omaha .
    [Show full text]
  • Illinois and the Right of Privacy: History and Current Status, 11 J
    UIC Law Review Volume 11 Issue 1 Article 3 Fall 1977 Illinois and the Right of Privacy: History and Current Status, 11 J. Marshall J. Prac. & Proc. 91 (1977) Jay M. Hanson Follow this and additional works at: https://repository.law.uic.edu/lawreview Part of the Privacy Law Commons, and the State and Local Government Law Commons Recommended Citation Jay M. Hanson, Illinois and the Right of Privacy: History and Current Status, 11 J. Marshall J. Prac. & Proc. 91 (1977) https://repository.law.uic.edu/lawreview/vol11/iss1/3 This Article is brought to you for free and open access by UIC Law Open Access Repository. It has been accepted for inclusion in UIC Law Review by an authorized administrator of UIC Law Open Access Repository. For more information, please contact [email protected]. ILLINOIS AND THE RIGHT OF PRIVACY: HISTORY AND CURRENT STATUS by JAY M. HANSON* The bureaucracy of modern government is not only slow, lum- bering, and oppressive; it is omnipresent. It touches everyone's life at numerous points. It pries more and more into private affairs, breaking down the barriers that individuals erect to give them some insulation from the intrigues and harrassments of modern life.' Contrasted to the common law, a constitutionally protected right of privacy from government intrusion was unrecognized a century ago and barely gained judicial discussion by 1928.2 Al- though not explicitly contained within the United States Consti- tution, this right of privacy obtained the recognition of the United States Supreme Court in 19653 and has subsequently blossomed into a fundamental right protected by the Bill of Rights.
    [Show full text]
  • Sovereign Immunity Under the 1970 Illinois Constitution - the Abolition of a Feudal Notion, 6 J
    UIC Law Review Volume 6 Issue 2 Article 11 Spring 1973 Sovereign Immunity under the 1970 Illinois Constitution - The Abolition of a Feudal Notion, 6 J. Marshall J. of Prac. & Proc. 430 (1973) Thomas L. Browne Follow this and additional works at: https://repository.law.uic.edu/lawreview Part of the Law Commons Recommended Citation Thomas L. Browne, Sovereign Immunity under the 1970 Illinois Constitution - The Abolition of a Feudal Notion, 6 J. Marshall J. of Prac. & Proc. 430 (1973) https://repository.law.uic.edu/lawreview/vol6/iss2/11 This Comments is brought to you for free and open access by UIC Law Open Access Repository. It has been accepted for inclusion in UIC Law Review by an authorized administrator of UIC Law Open Access Repository. For more information, please contact [email protected]. SOVEREIGN IMMUNITY UNDER THE 1970 ILLINOIS CONSTITUTION - THE ABOLITION OF A FEUDAL NOTION INTRODUCTION The doctrine of sovereign immunity has traditionally been couched in terms of "The King can do no wrong"; and as this phrase would suggest, the doctrine clearly represents one of the most noteworthy vestiges of feudal notions. How it came to be applied in the United States has been described as "one of the mysteries of legal evolution,"' for the king is an entity for- eign to our mode of government. Nevertheless, the doctrine is found in both the common law 2 and early Illinois constitutions,3 as well as other state constitutions. 4 Despite its constitutional dimension, the doctrine has been uniformly denounced by legal scholars- and subjected to vigorous legislative and judicial at- tacks in recent years.
    [Show full text]
  • Donald W. Furler Collection
    Donald W. Furler Collection Finding Aid to the Collection at the Center for Railroad Photography & Art Prepared by Adrienne Evans Last updated: 06/19/19 Collection Summary Title: Donald W. Furler Collection Accession Number: 2017.1 Span Dates: 1931-1956 Bulk Dates: 1938-1952 Creator: Furler, Donald Ward, 1917-1994 Extent: 25 archival binders (8.34 linear feet) Language: English Repository: Center for Railroad Photography & Art, Madison, WI Abstract: This collection is composed of photographic images shot by Donald Ward Furler (1917-1994). The bulk of the collection was photographed by Furler, but it also includes work he collected from other rail photographers. Images in the collection primarily depict American railroads, mainly located in New Jersey, New York and Pennsylvania. Selected Search Terms Country: Canada United States State: Alabama New York California North Dakota Colorado Ohio Connecticut Ontario (Canada) District of Columbia Pennsylvania Georgia Quebec (Canada) Illinois Saskatchewan (Canada) Iowa Tennessee Kansas Texas Maryland Vermont Massachusetts Virginia Minnesota West Virginia Missouri Montana Montreal (Canada) New Hampshire New Jersey Donald W. Furler Collection 2 Railroad Name: Franklin and Carolina Railroad (Camp A.A. Morrison and Company, Inc. Manufacturing Company) Adirondack Railway Grand Trunk Western Railroad Alton and Southern Railway Company Grand Trunk Railway Atchison, Topeka and Santa Fe Railway Gifford-Hill and Company Atlantic Coast Line Railroad Harlem Transfer Company Atlantic and North Carolina Railroad
    [Show full text]