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Compensation For Constitutional Torts: Reflections On The Significance Of Fault, John C. Jeffries Jr.
Compensation For Constitutional Torts: Reflections On The Significance Of Fault, John C. Jeffries Jr.
Michigan Law Review
This essay is about a neglected aspect of the problem of redressing constitutional violations. Most discussions focus on incentive effects. Unconstitutional conduct can be discouraged by the "hands-on" mechanism of reform by injunction or, more commonly, through the indirection of deterrence. Deterrence issues include selection of the penalties needed to deter official misconduct; the risk that they may also inhibit legitimate government activity; the recruitment of private attorneys general to augment enforcement; and various costs of administration. These and other aspects of deterrence pervade discussions in the Supreme Court. They are also debated in a rich and sophisticated secondary literature. …
Intramilitary Immunity And Constitutional Torts, Michigan Law Review
Intramilitary Immunity And Constitutional Torts, Michigan Law Review
Michigan Law Review
This Note examines the reasoning underlying these conflicting approaches and concludes that a general rule of qualified immunity, which more fully protects the constitutional rights of members of the armed forces, is also consistent with the legitimate needs of the military establishment. Part I demonstrates that courts considering the scope of immunity in constitutional tort cases cannot rely blindly upon the rules and policies applicable in nonconstitutional cases, but must also accommodate the constitutional interests. Part II applies this principle to cases involving military officers. It argues in Section A that Feres v. United States does not support an absolute …
Municipal Corporations- Tort Immunity - Liability For Personal Injuries Caused By Nuisance Maintained By City, James Hourihan
Municipal Corporations- Tort Immunity - Liability For Personal Injuries Caused By Nuisance Maintained By City, James Hourihan
Michigan Law Review
Plaintiff, while in the bathhouse of a municipally owned and operated swimming pool, was injured by a shock received from an electric hair dryer. In sustaining plaintiff's claim against the city for damages, the trial court recognized liability for personal injuries caused by a nuisance created and maintained by a city as an exception to the common law doctrine of municipal immunity from tort liability. On appeal, held, reversed. The nuisance exception from a municipality's common law immunity extends only to injuries to real property occasioned by a municipally created and maintained nuisance. City of Decatur v. Parham, …
Admiralty - Collision - Duty Of Third Vessel To Give Warning, Michael Scott
Admiralty - Collision - Duty Of Third Vessel To Give Warning, Michael Scott
Michigan Law Review
Washington, a private merchantman proceeding north at night through a large United States Navy formation steaming west, received no warning from formation commanders that Ruchamkin, an escort, was rejoining from the east. Uninformed of Washington's presence and ordered to resume station expeditiously, Ruchamkin entered the formation at high speed. Despite late radical maneuvers upon discovery of Washington close aboard, Ruchamkin was struck by the latter's bow with resulting damage to both ships. On reciprocal libels, held, decree for Washington's owner. In addition to Ruchamkin's failure to anticipate Washington, the United States was negligent in that the …
Municipal Corporations - Waiver Of Immunity To Suit By Purchase Of Liability Insurance, Chester F. Relyea S.Ed.
Municipal Corporations - Waiver Of Immunity To Suit By Purchase Of Liability Insurance, Chester F. Relyea S.Ed.
Michigan Law Review
The City of Knoxville owned and operated a municipal airport under authority of a state statute which permitted a municipality to acquire, maintain, and operate a municipal airport in its governmental capacity, and which barred suits against the municipality with respect to its operation of the airport. The city carried a policy of liability insurance covering it in the ownership and operation of the airport. Plaintiff was injured by a fall at the airport terminal building, and instituted a negligence action against the city. The city moved for dismissal, relying upon the immunity given it by the statute. Held, …
Libel And Slander-Testamentary Libel, Charles Hansen S.Ed.
Libel And Slander-Testamentary Libel, Charles Hansen S.Ed.
Michigan Law Review
Although the right to recover for injury from admittedly defamatory matter would seem to be clear, the law imposes a series of obstacles when the offending statements are embodied in a will. Of the few cases which have arisen in this area, a recent decision, Carver v. Morrow, serves to illustrate the general problem. In this case, plaintiff claimed that portions of testatrix' will defamed him. After the will was probated, he brought an action against testatrix' executors on the ground that publication had been effected by probate, and that therefore a cause of action in libel existed against …
Municipal Tort Liability, Allan F. Smith
Municipal Tort Liability, Allan F. Smith
Michigan Law Review
Municipal government in the United States is big business. In 1946, the 397 cities having a population of 25,000 or more spent a total of nearly 3 billion dollars for general governmental expenditures. In 1947 the total increased by 17 per cent to $3,477,000,000. Of that amount, 2½ billion were actual operational expenses for such activities as public safety, public health, sanitation, hospitals, local street and highway maintenance, and schools. Since the figures do not include the amounts expended in connection with municipal water works or municipal street railways, they lend weight to the assertion that our municipal governments are …