Leslie Kendrick’s defense of the new public nuisance fails to come to terms with legitimacy objections to such actions based on the rule of law and norms of democratic accountability. Nor is the new public nuisance a “second best” solution to widespread social problems. These actions rest on joint ventures between prosecutors and personal-injury lawyers that are likely to generate over- and under-deterrence and risk runaway liability.
Common Law | Law
Thomas W. Merrill,
The New Public Nuisance: Illegitimate and Dysfunctional,
Yale L. J. F.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/3893