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Defining A Proper Role For Public Nuisance Law In Municipal Suits Against Gun Sellers: Beyond Rhetoric And Expedience, John G. Culhane, Jean M. Eggen
Defining A Proper Role For Public Nuisance Law In Municipal Suits Against Gun Sellers: Beyond Rhetoric And Expedience, John G. Culhane, Jean M. Eggen
Jean M. Eggen
During the past few years, more than a score of municipalities (and the State of New York) have brought suit against gun manufacturers, distributors and retailers, seeking to hold them accountable for the consequences of gun violence within the municipalities' jurisdiction. This article critically assesses whether the theory of public nuisance is an appropriate vehicle for bringing such suits. Inasmuch as public nuisance theory is itself only dimly understood, the article begins with an historical summary of public nuisance law. It then considers contemporary objections to the continued vitality of public nuisance, and concludes that, properly defined and limited, public …
Defining A Proper Role For Public Nuisance Law In Municipal Suits Against Gun Sellers: Beyond Rhetoric And Expedience, John G. Culhane, Jean M. Eggen
Defining A Proper Role For Public Nuisance Law In Municipal Suits Against Gun Sellers: Beyond Rhetoric And Expedience, John G. Culhane, Jean M. Eggen
John G. Culhane
During the past few years, more than a score of municipalities (and the State of New York) have brought suit against gun manufacturers, distributors and retailers, seeking to hold them accountable for the consequences of gun violence within the municipalities' jurisdiction. This article critically assesses whether the theory of public nuisance is an appropriate vehicle for bringing such suits. Inasmuch as public nuisance theory is itself only dimly understood, the article begins with an historical summary of public nuisance law. It then considers contemporary objections to the continued vitality of public nuisance, and concludes that, properly defined and limited, public …