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Articles 1 - 16 of 16
Full-Text Articles in Law
Recent Case Law On "Coming To The Nuisance", Michael Lewyn
Recent Case Law On "Coming To The Nuisance", Michael Lewyn
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It is well settled that landowners who come to the nuisance (that is, sue another landowner for nuisance even if they moved to the land after the alleged nuisance began) can sometimes recover for nuisance. But is "coming to the nuisance" merely one factor among many in a nuisance case, or is it completely irrelevant? This article concludes that courts adopt the former view in theory, but in recent years have not actually used "coming to the nuisance" to reject a nuisance claim. In other words, the "coming to the nuisance" defense is like a locked-up weapon: courts say they …
New Scholarship On Streets, Michael Lewyn
New Scholarship On Streets, Michael Lewyn
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An article discussing numerous recent articles in legal journals discussing the rise in automobile-related death and injury in the United States.
Seeking Economic Justice In The Face Of Enduring Racism, Deseriee A. Kennedy
Seeking Economic Justice In The Face Of Enduring Racism, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Are Wide Streets Negligent?, Michael Lewyn
Are Wide Streets Negligent?, Michael Lewyn
Scholarly Works
American commercial streets are typically designed to encourage rapid automobile traffic, thus making streets unsafe for pedestrians. In the 2016 case of Turturro v. City of New York, the New York Court of Appeals upheld a jury verdict against a city for failing to slow down such traffic. This article describes Turturro, but shows how limited its holding was: the Turturro court emphasized a city's failure to study traffic calming, so if a city studies its options adequately it can avoid liability even if its policies are unsuccessful.
When Torts Met Civil Procedure: A Curricular Coupling, Laura G. Dooley, Brigham A. Fordham, Ann E. Woodley
When Torts Met Civil Procedure: A Curricular Coupling, Laura G. Dooley, Brigham A. Fordham, Ann E. Woodley
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Law students must become adept at understanding how various bodies of law interact-supporting, balancing, and even conflicting with each other. This article describes an attempt to achieve these goals by merging two canonical first-year courses, civil procedure and torts, into an integrated class titled ‘Introduction to Civil Litigation’. Our most pressing motivation was concern that students who study civil procedure and torts in isolation develop a skewed, unrealistic view of how law works in the real world. By combining these courses, we hoped to teach students early in their careers to approach problems more like practicing lawyers, who must deal …
Is An Apartment A Nuisance?, Michael Lewyn
Is An Apartment A Nuisance?, Michael Lewyn
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In an ongoing Texas lawsuit, some homeowners allege that a nearby apartment building will constitute a nuisance. This article asserts that courts should generally reject nuisance claims against multifamily housing, based on the public interest in favor of increased housing supply and infill development.
Mixing Oil And Water: Reconciling The Substantial Factor And Results-With-In-The-Risk Approaches To Proximate Cause, Peter Zablotsky
Mixing Oil And Water: Reconciling The Substantial Factor And Results-With-In-The-Risk Approaches To Proximate Cause, Peter Zablotsky
Scholarly Works
No abstract provided.
Employer Beware? Enforcing Transnational Labor Standards In The United States Under The Alien Tort Claims Act, Sarah J. Adams-Schoen
Employer Beware? Enforcing Transnational Labor Standards In The United States Under The Alien Tort Claims Act, Sarah J. Adams-Schoen
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The Alien Tort Claims Act (ATCA) arguably allows non-U.S. citizens to bring claims for violations of customary international law (CIL). Although CIL litigation typically embraces only egregious human rights violations, the scope of CIL actually encompasses all universally recognized rights, including some labor rights. This Comment explores the possibility that the ATCA may be used to litigate claims by non-U.S. citizens alleging violations of international labor rights. It concludes that the Act likely provides a vehicle for aggrieved employees to bring suit in U.S. court for violations of international labor standards. Finally, this Comment recognizes that the impact of ATCA …
From A Whimper To A Bang: The Trend Toward Finding Occurrence Based Statutes Of Limitations Governing Negligent Misdiagnosis Of Diseases With Long Latency Periods Unconstitutional, Peter Zablotsky
Scholarly Works
No abstract provided.
Medtronic V. Lohr: For Want Of A Word, The Patient Was Almost Lost - Fixing The Mischief Caused In Cipollone By Dividing The Preemption Stream, Suzanne Darrow-Kleinhaus
Medtronic V. Lohr: For Want Of A Word, The Patient Was Almost Lost - Fixing The Mischief Caused In Cipollone By Dividing The Preemption Stream, Suzanne Darrow-Kleinhaus
Scholarly Works
No abstract provided.
Tort Law (Symposium: The Supreme Court And State And Local Government Law: The 1996-97 Term), Leon D. Lazer
Tort Law (Symposium: The Supreme Court And State And Local Government Law: The 1996-97 Term), Leon D. Lazer
Scholarly Works
No abstract provided.
Limits On Preemption And Punitive Damages: Can They Be Related?, Peter Zablotsky
Limits On Preemption And Punitive Damages: Can They Be Related?, Peter Zablotsky
Scholarly Works
No abstract provided.
The Jurisprudence Of Action And Inaction In The Law Of Tort: Solving The Puzzle Of Nonfeasance And Misfeasance From The Fifteenth Through The Twentieth Centuries, Theodore Silver, Jean Elting Rowe
The Jurisprudence Of Action And Inaction In The Law Of Tort: Solving The Puzzle Of Nonfeasance And Misfeasance From The Fifteenth Through The Twentieth Centuries, Theodore Silver, Jean Elting Rowe
Scholarly Works
No abstract provided.
Eliminating Proximate Cause As An Element Of The Prima Facie Case From Strict Products Liability, Peter Zablotsky
Eliminating Proximate Cause As An Element Of The Prima Facie Case From Strict Products Liability, Peter Zablotsky
Scholarly Works
No abstract provided.
The Appropriate Role Of Plaintiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
The Appropriate Role Of Plaintiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
Scholarly Works
No abstract provided.
Tort Remedies For Victims Of Domestic Abuse, Douglas D. Scherer
Tort Remedies For Victims Of Domestic Abuse, Douglas D. Scherer
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This Article discusses the use of intentional tort actions by victims of domestic abuse who seek monetary damages. Part I discusses the phenomenon of domestic abuse, with emphasis on physical and emotional harm and factures that justify punitive and compensatory damage awards. Part II discusses the torts of battery, assault and intentional infliction of emotional distress, and the appropriateness of these actions in domestic abuse cases. Part III discusses the interspousal immunity doctrine and demonstrates the limited extent to which the doctrine bars domestic abuse tort actions. Finally Part IV discusses judicial acceptance of tort actions in domestic abuse cases. …