This essay tests the foregoing interpretation by examining the nineteenth century Ohio decisions in the fields of riparian and nuisance law. This data, as shall be shown, tends to confirm the conclusions of earlier scholarship. In the third and fourth parts of this essay two decisions, one from the very beginning of the period under study," and one from near the end, will be considered. These two decisions help identify the developmental context within which judicial law-making passed from a creative to an elaborative phase by illustrating judicial attitudes toward protecting the public interest in 1831 and again in 1892.
Krauss, E. P.
"The Legal Form of Liberalism: A Study of Riparian and Nuisance Law In Nineteenth Century Ohio,"
Akron Law Review: Vol. 18:
2, Article 4.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol18/iss2/4