Joseph Sax's Quest: Legal Protection for Collective Interests
Joseph Sax’s illustrious career in the law should be remembered for the importance of blending visionary thinking with rigorous scholarship. At a time when private property rights were the only serious framework for managing air, water, land and seas, Professor Sax single-handedly breathed new life into the public trust doctrine with his seminal
970 law review article. Sax died on Sunday, which prompts these reflections on the far-reaching effects of his creative legal scholarship.
In the late 1960s, as a professor at the University of Colorado teaching courses on mining, water and oil and gas law, Sax realized that all of it was oriented towards the maximal private exploitation of natural resources. He asked: “How come there’s no public dimension to natural resource law, and the public who uses these areas and actually owns most of them doesn’t have a say in what goes on?”
His answer, in 1970, was “The Public Trust Doctrine in Natural Resource Law: Effective Judicial Intervention,” in the Michigan Law Review -- a piece that went on to become one of the most influential law review articles ever.
The essay looked to Roman law, English common law and a handful of U.S. Supreme Court rulings to declare that the “public trust doctrine” empowers courts to intervene in government and market actions to protect citizens' sovereign interests. The basic idea is that the government does not own natural resources; it is merely a trustee who must act on behalf of the unorganized public to protect their interests and those of future generations who cannot yet represent their interests in court.
For readers of this blog, most of the themes in my GTI essay will be familiar. My goal was to synthesize many disparate threads into a single, 5,000-word case for the commons. I wanted help a policy-oriented readership see how the commons paradigm could help us re-imagine and transform economics, politics, culture, and particularly ecological stewardship. 



t describes the logic, worldview and ethics of the commons, and the burgeoning international movement of commoners, especially in Europe and the global South. 
After the Internal Revenue Service refused to grant Couchsurfing tax-exempt nonprofit status – formally known as “501(c)(3)” status under the tax code – Couchsurfing decided to become a “Certified B Company,” or “for-benefit” corporation. As Marvelous points out, this was apparently the only way to move forward. (But is this true?) By 2012, Couchsurfing had raised more than $22 million in venture capital money and it was on its way to becoming another profit-oriented corporation in the “sharing economy.” (The so-called sharing economy, it should be noted, is less about sharing than about micro-rentals of things that previously could not be marketized.)

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