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Articles 1 - 6 of 6
Full-Text Articles in Law
Once More Into The Bramble Bush: Duty, Causal Contribution, And The Extent Of Legal Responsibility, In Symposium, The John W. Wade Conference On The Third Restatement Of Torts, Richard W. Wright
Richard W. Wright
Courts, lawyers, law students, and academics continue to confuse the empirical issue of causal contribution with the distinct normative issues of tortious conduct and legal injury, which precede and frame the causal-contribution inquiry, and the normative issue of the extent of legal responsibility for tortiously caused consequences, which follows the causal-contribution inquiry. In a number of prior articles, I have tried to distinguish and clarify these various issues, which arise not only in tort law, but also in much the same form in criminal law and many other areas of the law. I have focused primarily on distinguishing and clarifying …
A Tale Of Two Concurrences: Same Sex Marriage And Products Liability, John Culhane
A Tale Of Two Concurrences: Same Sex Marriage And Products Liability, John Culhane
John G. Culhane
No abstract provided.
A ‘Clanging Silence’: Same-Sex Couples And Tort Law, John G. Culhane
A ‘Clanging Silence’: Same-Sex Couples And Tort Law, John G. Culhane
John G. Culhane
No abstract provided.
Defining A Proper Role For Public Nuisance Law In Municipal Suits Against Gun Sellers: Beyond Rhetoric And Expedience, John G. Culhane, Jean M. Eggen
Defining A Proper Role For Public Nuisance Law In Municipal Suits Against Gun Sellers: Beyond Rhetoric And Expedience, John G. Culhane, Jean M. Eggen
Jean M. Eggen
During the past few years, more than a score of municipalities (and the State of New York) have brought suit against gun manufacturers, distributors and retailers, seeking to hold them accountable for the consequences of gun violence within the municipalities' jurisdiction. This article critically assesses whether the theory of public nuisance is an appropriate vehicle for bringing such suits. Inasmuch as public nuisance theory is itself only dimly understood, the article begins with an historical summary of public nuisance law. It then considers contemporary objections to the continued vitality of public nuisance, and concludes that, properly defined and limited, public …
Child Witnesses Of Domestic Violence: Third Party Recovery For Intentional Infliction Of Emotional Distress, Mary Kate Kearney
Child Witnesses Of Domestic Violence: Third Party Recovery For Intentional Infliction Of Emotional Distress, Mary Kate Kearney
Mary Kate Kearney
No abstract provided.
Defining A Proper Role For Public Nuisance Law In Municipal Suits Against Gun Sellers: Beyond Rhetoric And Expedience, John G. Culhane, Jean M. Eggen
Defining A Proper Role For Public Nuisance Law In Municipal Suits Against Gun Sellers: Beyond Rhetoric And Expedience, John G. Culhane, Jean M. Eggen
John G. Culhane
During the past few years, more than a score of municipalities (and the State of New York) have brought suit against gun manufacturers, distributors and retailers, seeking to hold them accountable for the consequences of gun violence within the municipalities' jurisdiction. This article critically assesses whether the theory of public nuisance is an appropriate vehicle for bringing such suits. Inasmuch as public nuisance theory is itself only dimly understood, the article begins with an historical summary of public nuisance law. It then considers contemporary objections to the continued vitality of public nuisance, and concludes that, properly defined and limited, public …