Full Title Name:  Trophy Hunting Contracts: Unenforceable for Reasons of Public Policy

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Myanna Dellinger Place of Publication:  Columbia Journal of Environmental Law Publish Year:  2016 Primary Citation:  41 Colum. J. Envtl. L. 395 (2016) 0 Country of Origin:  United States
Summary: Contracts that are considered “unsavory,” “undesirable,” “at war with the interests of society,” or “in conflict with the morals of the time” may be declared unenforceable for reasons of public policy regardless of whether or not any underlying legislation provides that the contractual conduct is illegal. Allowing wealthy individuals to kill some of the very last few specimens of rare species has become so distasteful to so many members of the general public that the time has come for courts to declare such contracts unenforceable for reasons of public policy. This Article demonstrates how this may be accomplished. The Article also examines the wildlife-protective capabilities of the public trust doctrine and the closely related state ownership of wildlife doctrine. These doctrines add further weight to the contractual argument, but also operate as stand-alone protective doctrines in lawsuits against government entities. To be able to present any of these arguments to a court of law, standing is a hurdle, but one that can be overcome. This Article highlights how this might be done.
Documents:  PDF icon Trophy Hunting Contracts Unenforceable for Reasons of Public Policy.pdf (551.1 KB)

Copyright (c) 2016 Columbia Journal of Environmental Law; Myanna Dellinger. Reprinted with permission.

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