The Floodgates of Strict Liability: Bursting Reservoirs and the Adoption of Fletcher v. Rylands in the Gilded Age

Shugerman, Jed Handelsman

doi:10.2307/797576

Cited by 8 publications

(3 citation statements)

References 1 publication

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“…The federal government recognized that some flood victims might merit relief, but little was carried out because this was considered as a responsibility for states and local districts [110]. A notable outcome of flood disasters was the recognition that the legal doctrine of liability created a loophole in flood losses, and the 1889 Johnstown PA disaster led to the defining of the doctrine of strict liability for flood losses, which increased the risk for owners of flood control facilities [111]. The next phase of the policy was on flood control where major events like the 1927 Mississippi River flood led to the 1928 and 1936 Flood Control Acts, which created immunity for government flood control efforts and led to BCA [110].…”

Section: Legal Frameworkmentioning

confidence: 99%

Two Decades of Integrated Flood Management: Status, Barriers, and Strategies

Grigg

2024

Climate

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Losses from flood disasters are increasing globally due to climate-driven forces and human factors such as migration and land use changes. The risks of such floods involve multiple factors and stakeholders, and frameworks for integrated approaches have attracted a global community of experts. The paper reviews the knowledge base for integrated flood risk management frameworks, including more than twenty bibliometric reviews of their elements. The knowledge base illustrates how integrated strategies for the reduction of flood risk are required at different scales and involve responses ranging from climate and weather studies to the construction of infrastructure, as well as collective action for community resilience. The Integrated Flood Management framework of the Associated Programme on Flood Management of the World Meteorological Organization was developed more than twenty years ago and is explained in some detail, including how it fits within the Integrated Water Resources Management concept that is managed by the Global Water Partnership. The paper reviews the alignment of the two approaches and how they can be used in tandem to reduce flood losses. Success of both integrated management approaches depends on governance and institutional capacity as well as technological advances. The knowledge base for flood risk management indicates how technologies are advancing, while more attention must be paid to social and environmental concerns, as well as government measures to increase participation, awareness, and preparedness. Ultimately, integrated flood management will involve solutions tailored for individual situations, and implementation may be slow, such that perseverance and political commitment will be needed.

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Section: Legal Frameworkmentioning

confidence: 99%

Two Decades of Integrated Flood Management: Status, Barriers, and Strategies

Grigg

2024

Climate

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“…Courts are often responsible for making these allocations. For example, judicial decisions may determine whether landowners are liable for injuries that result from activities that take place on their property, and, if so, whether such liability shall be strict (that is, without regard to fault) or based only on negligence (Shugerman, 2000). These judicial decisions, in turn, may have significant consequences for owners' landuse decisions, as well as the location and activity choices of potential victims (Shavell, 1980).…”

Section: Palavras-chavementioning

confidence: 99%

Realismo jurídico para economistas

Stephenson¹

2022

Rev. Dir. Adm.

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Os economistas fizeram grandes progressos na compreensão dos incentivos e do comportamento dos agentes que operam fora dos mercados econômicos tradicionais, incluindo eleitores, legisladores e burocratas. Os incentivos e o comportamento dos juízes, no entanto, permanecem em grande parte incertos. Os juízes atuam como executores neutros de decisões substantivas tomadas por terceiros? Os juízes são legisladores “comuns”, que dão sequência a quaisquer resultados favoráveis, sem qualquer consideração especial pela lei como tal? Estudos recentes começaram a explorar concepções com mais nuances de como o direito, as evidências e as preferências judiciais podem interagir para influenciar as decisões judiciais. Este trabalho desenvolve uma perspectiva de julgamento que pode ser entendida como a manifestação moderna do Realismo Jurídico Americano, um movimento jurisprudencial de advogados, juízes e professores de direito que floresceu no início do século XX. O objetivo deste ensaio é introduzir, de forma simplificada, o relato realista de decisões judiciais; contrastar esta visão com teorias alternativas sobre direito e julgamento; e esboçar como uma integração mais explícita dos insights conceituais dos Realistas sobre direito e comportamento judicial poderia enriquecer o trabalho econômico em rápida expansão neste campo.

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“…The precedent‐setting case is the mid‐nineteenth century case of Rylands v. Fletcher . In a recent article, one legal scholar, (Shugerman ), observes that “a strong majority of states [in the United States] has consistently recognized this precedent for strict liability from about 1890 to the present.”…”

Section: Moral Responsibility As the Moral Equivalent Of Consentmentioning

confidence: 99%

A Moral Equivalent of Consent of the Governed

Reiman

2013

Ratio Juris

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Though genuine (voluntary, deliberate) consent of the governed does not occur in modern states, political legitimacy still requires something that does what consent does. Dereification of the state (recognizing that citizens continually create their state), combined with a defensible notion of moral responsibility, entails citizens' moral responsibility for their state. This implies that we may treat citizens morally as if they consented to their state, yielding a moral equivalent of consent of the governed, and a conception of political legitimacy applicable to modern states thought legitimate. It implies that legitimate states have a moral right to rule, and their citizens have a prima facie moral obligation to obey the law.

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The Floodgates of Strict Liability: Bursting Reservoirs and the Adoption of Fletcher v. Rylands in the Gilded Age

Cited by 8 publications

References 1 publication

Two Decades of Integrated Flood Management: Status, Barriers, and Strategies

Two Decades of Integrated Flood Management: Status, Barriers, and Strategies

Realismo jurídico para economistas

A Moral Equivalent of Consent of the Governed

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