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Full-Text Articles in Law
The Challenge Of Creating 'A World Fit For Children', Jonathan Todres
The Challenge Of Creating 'A World Fit For Children', Jonathan Todres
Faculty Publications By Year
No abstract provided.
Should Government Be Allowed To Recover The Costs Of Public Services From Tortfeasors?: Tort Subsidies, The Limits Of Loss Spreading, And The Free Public Services Doctrine, Timothy D. Lytton
Should Government Be Allowed To Recover The Costs Of Public Services From Tortfeasors?: Tort Subsidies, The Limits Of Loss Spreading, And The Free Public Services Doctrine, Timothy D. Lytton
Faculty Publications By Year
The free public services doctrine (also known as the municipal cost recovery rule) states that a government entity may not recover from a tortfeasor the costs of public services occasioned by the tortfeasor's wrongdoing. This article traces the history of the doctrine and argues for its elimination. The article criticizes case law supporting the doctrine and raises objections based on fairness, efficiency, and institutional concerns about the proper limits of judicial policy making. The article discusses the implications of eliminating the doctrine for tobacco litigation, gun litigation, and tort reform.
Deliberative Democracy And Campaign Finance Reform, Neil J. Kinkopf
Deliberative Democracy And Campaign Finance Reform, Neil J. Kinkopf
Faculty Publications By Year
No abstract provided.