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Full-Text Articles in Law
Public Nuisance Claims Against Gun Sellers: New Insights And Challenges, John G. Culhane, Jean M. Eggen
Public Nuisance Claims Against Gun Sellers: New Insights And Challenges, John G. Culhane, Jean M. Eggen
John G. Culhane
No abstract provided.
Tort, Compensation, And Two Kinds Of Justice, John G. Culhane
Tort, Compensation, And Two Kinds Of Justice, John G. Culhane
John G. Culhane
Following the horrific terrorist attacks of September 11, 2001, Congress moved swiftly to pass legislation that both protected potential tort defendants against crushing liability and created a fund to compensate those killed or injured by the terrorists. Although the Victim Compensation Fund does not provide the full recovery that a plaintiff might gain through a tort suit, it nonetheless reflects a tort law bent by allowing recovery of full economic loss.
This Article argues that the Fund confuses two kinds of justice. Corrective justice (herein, tort law) is concerned with repairing an inequality between parties that wrongful conduct has created. …
A Tale Of Two Concurrences: Same Sex Marriage And Products Liability, John Culhane
A Tale Of Two Concurrences: Same Sex Marriage And Products Liability, John Culhane
John G. Culhane
No abstract provided.
A ‘Clanging Silence’: Same-Sex Couples And Tort Law, John G. Culhane
A ‘Clanging Silence’: Same-Sex Couples And Tort Law, John G. Culhane
John G. Culhane
No abstract provided.
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 …
The Limits Of Product Liability Reform Within A Consumer Expectation Model: A Comparison Of Approaches Taken By The United States And The European Union, John G. Culhane
The Limits Of Product Liability Reform Within A Consumer Expectation Model: A Comparison Of Approaches Taken By The United States And The European Union, John G. Culhane
John G. Culhane
No abstract provided.
Real And Imagined Effects Of Statutes Restricting The Liability Of Nonmanufacturing Sellers Of Defective Products, John G. Culhane
Real And Imagined Effects Of Statutes Restricting The Liability Of Nonmanufacturing Sellers Of Defective Products, John G. Culhane
John G. Culhane
No abstract provided.