451

Mills, Clifford N.; Davis, Elizabeth Brown

doi:10.2307/2973744

Cited by 1 publication

(1 citation statement)

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“…176 However, when the cause of action was based upon statutory liability, and the statute contained a special limitation conditioning the right, the entire state act was enforced, even though the claim arose in a state other than that in which the federal court was sitting. 177 In applying the states' limitations, federal courts also followed state decisions in interpreting the statutes.17 8…”

Section: Characterization In Federal Courtsmentioning

confidence: 99%

Radiation Injuries: Statute of Limitations Inadequacies in Tort Cases

Estep¹,

Dyke²

1964

Michigan Law Review

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I N 1963 Consolidated Edison Company, which supplies electricity to the New York City metropolitan area, announced its intent to build a very large nuclear reactor in the middle of that city's millions of inhabitants. 1 Predictably, there was a loud and mixed reaction by various groups to the possible danger this might create for the general public, as distinguished from the workers who would operate the plant. One former chairman of the Atomic Energy Commission announced his opposition to such schemes because so many people would be endangered by harmful exposure to radiation if it should accidentally be discharged beyond the reactor site. 2 After substantial periods of operation the cores of such reactors inevitably contain large amounts of radioactive fission products. Even The New York Times editorially questioned the advisability of the proposed site for the same reasons. 8 Some suggested that the city's legislative council should prohibit such construction. 4 The ultimate decision in the dispute, however, will be made by the AEC because constitutionally the federal government has paramount power and, in the opinion of the present writers, 15 in the Atomic Energy Act of 1954 6 Congress superseded all local regulatory power regarding nuclear safety in the siting of such reactors. In the light of this conclusion, the reaction to t Acknowledgment is gratefully made to the Michigan Memorial Phoenix Project, the Ford Foundation, and the W. W. Cook Endowment Fund for financial support of the research on which this article is based. • Professor of Law, University of Michigan.-Ed. •• Member of the Missouri Bar.-Ed.

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Section: Characterization In Federal Courtsmentioning

confidence: 99%