The Uncompensated Takings of Nuisance Law

Recent Trends In Environmental Nuisance Law

Law360, New York (November 17, 2015, 10:53 AM ET) -Nuisance has increasingly become the “tort of choice” for plaintiffs in environmental and toxic tort litigation. In addition to other tort claims at their disposal (e.g., strict liability, negligence, trespass), plaintiffs consistently tack on nuisance claims because of the perception that such claims are subject to less stringent legal standar...

Tropes of Anxiety and Desire: Metaphor and Metonymy in the Law of Takings

The Complexities of Judicial Takings

When (if ever) a judicial action can be an unconstitutional taking of private property has long been an open question in American constitutional law. Nested within this larger question are a host of detailed issues concerning both substance and procedure. Despite passing references in some cases, and a more direct discussion in one concurring opinion, the Supreme Court of the United States—unti...

Review of Regulatory Takings : Law , Economics and Politics , by William A . Fischel

Nuisance Law: The Morphogenesis of a Historical Revisionist Theory of Contemporary Economic Jurisprudence