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- Title
SECTION 898: TARGETING THE COMPANIES BEHIND GUN VIOLENCE IN NEW YORK WITH PUBLIC NUISANCE DOCTRINE.
- Authors
Kravitz, Mara
- Abstract
The article explores the framing of section 898 of the New York General Business Law within public nuisance doctrine to curb gun violence. Topics discussed include history of public nuisance doctrine from its origin in medieval English common law, elements of common law public nuisance doctrine compared to elements of section 898, and federal law challenges such as gun industry immunity or Protection of Lawful Commerce in Arms Act, firearms regulation, preemption and dormant commerce clause.
- Subjects
GUN control; NUISANCES; COMMERCIAL law; COMMON law; FEDERAL laws; PRIVILEGES &; immunities (Law); GUN laws; DORMANT commerce clause (Constitutional law)
- Publication
William & Mary Law Review, 2024, Vol 65, Issue 6, p1507
- ISSN
0043-5589
- Publication type
Article