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Full-Text Articles in Law

Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley Jan 2018

Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley

Scholarly Articles

This article argues that nuisance was historically unique in tort law because of its special role in protecting property rights.' In other words, nuisance historically had distinct features addressed to the special situation of land. Most importantly, nuisance protected the right to exclude in a way that no other cause of action did. The Second Restatement's change then diminished our rights to private property to the extent that it has been adopted. The majority of courts retain the more logical and defensible position--that property rights are special and nuisance encompasses something more than the idea of negligence.


Understanding The Absence Of A Duty To Reasonably Rescue In American Tort Law, Marin Roger Scordato Jan 2008

Understanding The Absence Of A Duty To Reasonably Rescue In American Tort Law, Marin Roger Scordato

Scholarly Articles

The absence in American tort law of a duty to reasonably aid a stranger in peril is perplexing. It is an odd gap in the otherwise nearly pervasive presence of a duty of reasonable care in the modern law of negligence. It utterly fails to accurately articulate our conventional sense of morality and appropriate social behavior. It stands in stark contrast to the treatment of this issue throughout the rest of the world. It is a rule of tort law for which very few commentators have had a kind word.

This Article sets forth a spirited defense of the traditional …


Enron And The Dark Side Of Worker Ownership, David K. Millon Apr 2002

Enron And The Dark Side Of Worker Ownership, David K. Millon

Scholarly Articles

None available.


A Return To Principles Of Corrective Justice In Deciding Economic Loss Cases, Andrew W. Mcthenia Jr. Jan 1983

A Return To Principles Of Corrective Justice In Deciding Economic Loss Cases, Andrew W. Mcthenia Jr.

Scholarly Articles

None available.