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Full-Text Articles in Law
Premature Burial? The Resuscitation Of Public Nuisance Litigation, Richard Faulk, John Gray
Premature Burial? The Resuscitation Of Public Nuisance Litigation, Richard Faulk, John Gray
Richard Faulk
On Sept. 22, the U.S. Court of Appeals for the Second Circuit, in Connecticut v. American Electric Power Co., held that federal common-law nuisance suits can proceed against major greenhouse gas emitters. Nine days later, a federal trial court reached the opposite conclusion in another case. In this article, attorneys Richard Faulk and John Gray discuss these rulings, and the revival of public nuisance litigation.
The Expanding Use Of The Alien Tort Statute In International Human Rights Enforcement, Richard O. Faulk
The Expanding Use Of The Alien Tort Statute In International Human Rights Enforcement, Richard O. Faulk
Richard Faulk
This article examines the historical foundations of the ATS, the complexities of its recent interpretations. It then weighs the utility of the Act as a means for enforcing international human rights in the courts, and examines the risks posed by current trends to those who increasingly pursue international business opportunities. As will be seen, the boundaries of the ATS are inadequately defined, and there are dangerous opportunities for common law mischief and abuse. Precautions are obviously necessary, and the trend toward internationalism in United States jurisprudence suggests that even greater risks lie ahead.