David G. Russell -- Private Nuisance--Urban Redevelopment
Outside the realm of eminent domain and zoning, the law of private nuisance provides judicial response to problems of conflicting land uses. As the private landowner's legal weapon for eliminating a use incompatible in the neighborhood, private nuisance law affords an effective remedy because the unreasonable, nonconforming use can be enjoined or its perpetrator subjected to liability for damages. Nevertheless, indiscriminate application of existing doctrine might jeopardize fair and efficient resolution of problems of land use control. Considered in the light of equity and economics, a recent New York decision reveals the need to scrutinize more closely private nuisance actions and the remedies flowing therefrom.
Thomas J. Hartland, Jr. -- Administrative Law--Federal Trade Commission Act
The FTC has been the target of severe criticism in recent years for its ineffectiveness in the area of consumer protection. Largely as a result of this criticism and of an increased national awareness of the need for more effective protection of consumer interests, a number of proposed amendments to the FTCA have been submitted to Congress. While, interestingly, one proposal expressly would have authorized treble damage actions by consumers for violations of section 5, the congressional response was more consistent with a scheme to which administrative flexibility is central. Thus, although the result reached in the instant case is an intuitively attractive one, it is inconsistent with a deliberate, if somewhat less than wholly effective, legislative design for the protection of consumers.
David G. Russell and Thomas J. Hartland Jr.,
29 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol29/iss4/8