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44 Ariz. St. L.J. 589 (2012)
100 Years of Keeping the Trust: The Historic Role of the Judiicary in Protecting Arizona's State Land Trust

handle is hein.journals/arzjl44 and id is 593 raw text is: 100 YEARS OF KEEPING THE TRUST: The Historic Role of the Judiciary in Protecting Arizona's State Land Trust Timothy M. Hogan Joy E. Herr-Cardillo** I. HISTORY OF THE STATE LAND TRUST As the American Revolution drew to a close, the new government was presented with the problem of how to manage its Western territories. The nation's founders firmly believed that a well-educated citizenry was essential to democracy's success. Therefore, a major strategy for ensuring that the expanding Western population would embrace and participate in self-governance was the establishment of public education in all of the new states. However, the Western territories were sparsely populated and lacked the tax base and public resources that were necessary to establish and fund an adequate public school system.' Consequently, Congress established the policy early on of granting large tracts of land to the new states for the support of public education and other critical public institutions.2 Congress created a framework for distributing the land when it enacted the General Land Ordinance of 1785 and the Northwest Ordinance of 1787. The first ordinance established the Public Lands Survey System, which * Timothy M. Hogan is the Executive Director of the Arizona Center for Law in the Public Interest (Center). Mr. Hogan received his undergraduate degree from Arizona State University and his law degree from the University of Notre Dame Law School. Prior to joining the Center, Mr. Hogan was Chief Counsel for the Arizona Corporation Commission. He also served as an Assistant Arizona Attorney General in the Civil Rights and Financial Fraud Divisions, and as Program Director of the Phoenix Program at Community Legal Services. **. Joy E. Herr-Cardillo is a Staff Attorney at the Center. Ms. Herr-Cardillo received her undergraduate degree from the University of Michigan and her law degree from the University of Arizona College of Law. Prior to joining the Center, Ms. Herr-Cardillo was in private practice with the law firm of Streich, Lang. Both Mr. Hogan and Ms. Herr-Cardillo have litigated numerous cases involving state trust lands, and, in fact, each were counsel of record in several cases discussed in this article. 1. Sean O'Day, Note, School Trust Lands: The Land Manager's Dilemma Between Educational Funding and Environmental Conservation, A Hobson's Choice?, 8 N.Y.U. ENVTL. L. J. 163, 167 (1999). 2. Id.

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