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Type: Journal article
Title: Property, negligence, and the intergenerational inequity of climate change
Author: Babie, P.
Citation: Alternative Law Journal, 2016; 41(3):179-182
Publisher: SAGE Publications
Issue Date: 2016
ISSN: 1037-969X
Statement of
Paul Babie
Abstract: The recent decision of the United States District Court in Kelsey Cascade Rose Juliana et al v The United States of America¹ (‘Kelsey’) denied a motion to dismiss a suit brought on the basis of damages for future harms, suggesting that the law could be capable of developing in a novel way to allow claims on the basis of future harm from climate change. This article addresses the way in which such future harm may be conceived as part of a negligence claim, grounded in private property rights afforded by government.
Keywords: K11; K32
Rights: © 2016 Paul Babie
RMID: 0030063626
DOI: 10.1177/1037969X1604100308
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Appears in Collections:Law publications

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