This article utilizes the opioid litigation to explore the three most common sets of objections to public nuisance: (1) traditionalist, (2) formalist, and (3) institutional. Public nuisance can seem unusual, even outlandish. At worst, it is a potentially capacious mechanism allowing executive branch actors to employ the judicial process to address legislative and regulatory problems. Nevertheless, its perils are easily overstated and its promise overlooked.
Learn more about the actions taken at this year’s ALI Annual Meeting, held last month, where the membership met to discuss and vote on twelve ALI project drafts.
The warranty of habitability was touted fifty years ago as a gamechanger in rebalancing power between tenants and landlords. This Article explores whether an affirmative use of the warranty, coupled with a new technology and community organizing approach, can improve tenant outcomes.
This Article uses a dramatic break in Takings jurisprudence, the Supreme Court’s June 2021 decision in Cedar Point Nursery v. Hassid, to closely scrutinize the relationship between legality and property rights.
The Law & Economics Center at George Mason University Scalia Law School recently held an event discussing the increasing use of drone technology and its intersection with the law.
On Feb. 18, the Law & Economics Center at George Mason University Scalia Law School is hosting the free online event “Unmanned Aerial Vehicles and Civil Justice — Can Common Law Adjust to a Drone World?”
The exposure of the weaknesses embedded in our system of public land use regulation during the crises of 2020 presents a unique and timely opportunity for serious consideration of major and minor adjustments to state statutes, local ordinances, and judicial decisions.
At its meeting on January 20 and 21, 2022, the ALI Council reviewed and discussed Council Drafts of nine projects.
The Colorado Sun has published an article discussing a new water bill in the state’s upcoming legislative session. The proposed bill seeks to prohibit speculation for pure financial gain.
Confirming expectations, the U.S. Supreme Court unanimously denied Mississippi’s claim that Tennessee is stealing its groundwater.