The Perils and Promise of Public Nuisance
The article examines public nuisance law, its historical evolution, and its application in contemporary litigation, particularly regarding the opioid crisis, highlighting its potential benefits and challenges within modern tort law.
yalelawjournal.org
In the last decades of the twentieth century, as the justice system was adopting a set of abrasive policies that would swell police forces and fuel the prison boom, it was also leaving more and more policing responsibilities to citizens without a badge and a gun.3 What about the pawnshop owner who sold the gun? Isn’t he partially responsible for th
... See moreWhy ponder the existence of nuisance?
In dealing with these cases, we are in the awkward but frequent situation of having created a policy (here formality) to prevent injustice but knowing that strictly applying the policy will cause injustice.
Even the most inventive, aggressive, and original legal argument is constructed upon that which came before—prior court cases, constitutions, and existing statutes and regulations.