Climate Tort Federalism

Contested Federalism and American Climate Policy

Climate change has routinely been framed as an issue to be addressed through an intergovernmental regime guided by a set of large nations. The evolving reality of climate change policy development, in the U.S. and abroad, relies heavily on sub-national initiative. This article reviews the American climate policy odyssey, examining distinct periods in which respective intergovernmental roles hav...

Getting into Court: Standing, Political Questions and Climate Tort Claims

Within the time span of 1 month in late 2009, three Federal courts in the USA issued decisions touching on the justiciability of nuisance and other common law tort claims relating to climate change. These cases demonstrate that Massachusetts v. EPA (the US Supreme Court Case involving the question of the US Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHGs) un...

Cost-benefit federalism: reconciling collective action federalism and libertarian federalism in the Obamacare litigation and beyond.

Medical Malpractice Tort Reform an Introduction to Tort Law

r a d i o l o g y M a n a g e M e n t 30 r a d i o l o g y M a n a g e M e n t  M a r c h / a p r i l 2 0 1 1 The credit earned from the Quick CreditTM test accompanying this article may be applied to the AHRA certified radiology administrator (CRA) operation management domain. By David M. Ottenwess, Esq, Meagan A. Lamberti, Esq, Stephanie P. Ottenwess, Esq, and Adrienne D. Dresevic, Esq Medic...

Modern Tort Law Demystified