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Full-Text Articles in Law

Hearing On The Foreign Sovereign Immunities Act, Coronavirus, And Addressing China’S Culpability Before The Senate Committee On The Judiciary, Russell A. Miller Jun 2020

Hearing On The Foreign Sovereign Immunities Act, Coronavirus, And Addressing China’S Culpability Before The Senate Committee On The Judiciary, Russell A. Miller

Scholarly Articles

There are a number of theories about the Chinese government’s acts or omissions concerning the emergence and world-wide spread of the coronavirus that may be the proximate cause of actionable transboundary harm. All of these theories start with the incontestable fact that the coronavirus outbreak originated in China. One theory is concerned with the conduct of the Chinese government after the health crisis emerged. This “ex post” theory alleges a broad range of acts and omissions that helped transform a local outbreak into a global pandemic. There is room for this theory under the Transboundary Harm Principle. But the “ex …


Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley Jan 2018

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.


Wilson V. Garcia, Lewis F. Powell Jr. Oct 1984

Wilson V. Garcia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


General Building Contactors Assn. V. Pennsylvania, Lewis F. Powell Jr. Oct 1981

General Building Contactors Assn. V. Pennsylvania, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Impact Of The Commercial Code On Liability Of Parties To Negotiable Instruments In Michigan ,, Roy L. Steinheimer, Jr. Jan 1954

Impact Of The Commercial Code On Liability Of Parties To Negotiable Instruments In Michigan ,, Roy L. Steinheimer, Jr.

Legal Scholarship by Dean Steinheimer

No abstract provided.