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Full-Text Articles in Torts
The Discovery Rule: Fairness In Toxic Tort Statutes Of Limitations, Bill Shaw, Pat Cihon, Malcolm Myers
The Discovery Rule: Fairness In Toxic Tort Statutes Of Limitations, Bill Shaw, Pat Cihon, Malcolm Myers
Cleveland State Law Review
The costs associated with the disposal of toxic waste can be classified in two ways. The first category is made up of environmental losses such as the contamination of rivers, lakes, and ground water with the resulting destruction of aquatic life, wildlife, and vegetation and includes expenses incurred in cleanup. The second category is comprised of losses sustained by individuals and includes both property damage and physical injury resulting from direct or indirect contact with hazardous wastes. Injured individuals have two options in their pursuit of compensation: statutory and common law. This Article argues that statutory recourse is not only …
The Discovery Rule: Fairness In Toxic Tort Statutes Of Limitations, Bill Shaw, Pat Cihon, Malcolm Myers
The Discovery Rule: Fairness In Toxic Tort Statutes Of Limitations, Bill Shaw, Pat Cihon, Malcolm Myers
Cleveland State Law Review
The costs associated with the disposal of toxic waste can be classified in two ways. The first category is made up of environmental losses such as the contamination of rivers, lakes, and ground water with the resulting destruction of aquatic life, wildlife, and vegetation and includes expenses incurred in cleanup. The second category is comprised of losses sustained by individuals and includes both property damage and physical injury resulting from direct or indirect contact with hazardous wastes. Injured individuals have two options in their pursuit of compensation: statutory and common law. This Article argues that statutory recourse is not only …
The Reemergence Of Nuisance Law In Environmental Litigation, Alan Weinstein
The Reemergence Of Nuisance Law In Environmental Litigation, Alan Weinstein
Law Faculty Articles and Essays
In the summer of 1980, Chicago's beaches were fouled by raw and inadequately treated sewage, allegedly discharged into Lake Michigan by the Hammond (Indiana) Sanitary District. Clearly, Illinois and Chicago officials wanted to stop pollution of the lake. Surprisingly, they turned to the common law of nuisance, rather than to a regulatory agency or a statutory citizens' suit to obtain relief, charging the city of Hammond and the sanitary district with violations of the Illinois common law of nuisance. While planners are generally familiar with the application of common law nuisance doctrines to resolve disputes between conflicting uses of land, …
Private Legal Action For Air Pollution, James E. Melle
Private Legal Action For Air Pollution, James E. Melle
Cleveland State Law Review
The vagueness of the concept of nuisance has resulted from the varying interpretations given it by the courts. It is still debatable whether liability for nuisance exists because of the harm done, or how the harm was created. Though there are many different purpose classifications of nuisances, this paper deals only with the basic ones-i.e., public,private, and public nuisances which are also private nuisances. What can a healthy individual do who does not live in the "neighborhood" of a polluter and yet fears that air pollution has harmful effects on his health? The air transmits the pollution, and it affects …