Property and half-torts. From: Yale Law Journal | Date: May 1, 2007| Author: Fennell, Lee Anne | COPYRIGHT 2007 Yale University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group.Copyright information

The idea that a tort can be split analytically into two parts--risk and harm--underlies a great deal of torts scholarship. Yet the notion has been all but ignored by property scholars employing Calabresi and Melamed's famous entitlement framework. Thus, in discussing an "entitlement to pollute," scholars rarely distinguish inputs to pollution (a factory's emission of fumes from a smokestack) from outcomes of pollution (a neighbor's grimy linens or respiratory distress). Instead, "pollution"...

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