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Full-Text Articles in Jurisprudence
The Bp Mdl And Its Aftermath: Whither Opa's Displacement Jurisprudence?, John Costonis
The Bp Mdl And Its Aftermath: Whither Opa's Displacement Jurisprudence?, John Costonis
Journal Articles
No abstract provided.
Private Law In The Gaps, Jeffrey A. Pojanowski
Private Law In The Gaps, Jeffrey A. Pojanowski
Journal Articles
Private law subjects like tort, contract, and property are traditionally taken to be at the core of the common law tradition, yet statutes increasingly intersect with these bodies of doctrine. This Article draws on recent work in private law theory and statutory interpretation to consider afresh what courts should do with private law in statutory gaps. In particular, it focuses on statutes touching on tort law, a field at the leading edge of private law theory. This Article's analysis unsettles some conventional wisdom about the intersection of private law and statutes. Many leading tort scholars and jurists embrace a regulatory …