Proving causation in toxic tort cases: T-cell studies as epidemiological and particularistic evidence

Article Abstract:

Testimony about T-cells, whose presence in the body indicates infection, offers a useful solution to the typical evidentiary problems associated with proving personal injury from toxic substances. T-cell studies can provide a crucial causal link between toxic pollutants and plaintiff injuries via a two-step process. First, they can prove that a specific population has the probability of infection, and second, they can allow doctors to locate the source of infection and thus narrow proof problems connected to establishing the origin of diseases.

Standards, Usage, Evidence (Law), Antigen receptors, T cell, T cell antigen receptors, Causation (Tort law)

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Inverse condemnation and the highway cases: compensation for abutting landowners

Article Abstract:

The theory of inverse condemnation that has been developed in airport cases should be applied to highway construction as well. The current system is inadequate in that no compensation is provided for abutting property that has not actually been condemned for highway construction right-of-way. The problem should be remedied by using the condemnation-by-nuisance approach. The requirement for physical invasion should be abandoned in favor of a requirement to show substantial interference with the enjoyment and use of the property.

Road construction, Adjoining landowners, Inverse condemnation

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Moving violations: violations of the Clean Water Act and implications for CERCLA's federally permitted release exception

Article Abstract:

CERCLA liability is possible for Clean Water Act violations where the polluter lacks a permit since the discharges are not federally permitted releases. The US Congress wanted with CERCLA to achieve nationally consistent pollution control and to prevent industries from locating in states with less strict waste disposal standards to frustrate this goal. This concern for consistency is also evident in the Clean Water Act. Implicitly permitting hazardous waste discharge would frustrate the congressional intent of both acts.

Water quality

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