‘Building a Community Equity Framework from the Tort of Public Nuisance’

Deborah N Archer and Joseph Schottenfeld, ‘Defending Home: Toward a Theory of Community Equity’, University of Chicago Law Review (forthcoming, 2025), available at SSRN (30 September 2024). For communities suffering the harms of long-standing neglect and callous infrastructure decisions that dump highways, landfills, and the like in the middle of them, legal remedies have been few and far between. In their illuminating article, ‘Defending Home: Toward a Theory of Community Equity’, Deborah Archer and Joseph R Schottenfeld offer a new framework to render such community-based harms legally cognizable, and call on tort law as an important conceptual piece of this project … (more)

[Sarah Swan, JOTWELL, 23 May 2025]

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