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Creative Common Law Strategies for Protecting the Environment.

Publication: Trial
Publication Date: 01-APR-08
Format: Online
Delivery: Immediate Online Access
Full Article Title: Creative Common Law Strategies for Protecting the Environment.(Book review)

Article Excerpt
Creative Common Law Strategies for Protecting the Environment

Clifford Rechtschaffen and Denise Antolini, editors Environmental Law Institute

www.eli.org

426 pp., $69.95

[ILLUSTRATION OMITTED]

In Thomas v. Mallett in 2005, the Wisconsin Supreme Court modified the common law to relieve lead-poisoned children of the need to identify the manufacturer of the lead pigment that actually poisoned them. Quoting an earlier decision, the court noted: "Inherent in the common law is a dynamic principle which allows it to grow and to tailor itself to meet changing needs within the doctrine of stare decisis, which, if correctly understood, was not static and did not forever prevent the courts from reversing themselves or from applying principles of common law to...

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