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Full-Text Articles in Law
Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley
Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley
Scholarly Articles
This article argues that nuisance was historically unique in tort law because of its special role in protecting property rights.' In other words, nuisance historically had distinct features addressed to the special situation of land. Most importantly, nuisance protected the right to exclude in a way that no other cause of action did. The Second Restatement's change then diminished our rights to private property to the extent that it has been adopted. The majority of courts retain the more logical and defensible position--that property rights are special and nuisance encompasses something more than the idea of negligence.
Enron And The Dark Side Of Worker Ownership, David K. Millon
Enron And The Dark Side Of Worker Ownership, David K. Millon
Scholarly Articles
None available.
A Return To Principles Of Corrective Justice In Deciding Economic Loss Cases, Andrew W. Mcthenia Jr.
A Return To Principles Of Corrective Justice In Deciding Economic Loss Cases, Andrew W. Mcthenia Jr.
Scholarly Articles
None available.