Date: Tue, 19 Aug 2008 21:04

From: Jason Neyers

Subject: Public Nuisance Theory

Dear Colleagues:

I have had several people over the years tell me that the dominant theory of public nuisance is that it is a hold-over from an earlier age when the administrative state was not as well-developed. On this theory public nuisance was necessary since the state did not have adequate resources to protect public rights, but is largely unnecessary now given the expansion of the state. Does anyone know of an article or textbook discussion which clearly lays out this dominant theory? Most of the discussions I have found skirt around the justification for the tort.

Sincerely,

--
Jason Neyers
Associate Professor of Law &
Cassels Brock LLP Faculty Fellow in Contract Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

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