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Articles 1 - 4 of 4
Full-Text Articles in Law
Constitutional Torts, Christina B. Whitman
Constitutional Torts, Christina B. Whitman
Articles
In this Article, I analyze the significance of the overlap between state tort law remedies and remedies under section 1983. I conclude that the dissatisfaction with section 1983 cannot fairly be attributed to the fact that it has been read to provide a remedy that "supplements" state law. I argue that most of the anxiety over constitutional damage actions under section 1983 can be understood - and resolved - only by focusing on two other questions. The first of these concerns the appropriate reach of the Constitution. Ambivalence about section 1983 reflects, in part, a fear that the federal Constitution …
Toxic Substance Contamination: The Risk-Benefit Approach To Causation Analysis, Bradford W. Kuster
Toxic Substance Contamination: The Risk-Benefit Approach To Causation Analysis, Bradford W. Kuster
University of Michigan Journal of Law Reform
This article argues that the dilemma described above requires change and proposes a new standard for causation in this type of toxic contamination case. Part I examines the difficulties posed by conventional common law relief mechanisms, and the inadequacies of existing statutory relief mechanisms. Part II scrutinizes a more lenient burden of proof standard, the risk-benefit approach, which some courts have applied when faced with situations involving scientific uncertainties. The risk-benefit approach will be applied to causation analysis in the context of damage recoveries, using the. Hemlock, Michigan, situation as a case study. Part III discusses present congressional proposals, and …
The Involuntary Public Figure Class Of Gertz V. Robert Welch: Dead Or Merely Dormant?, Dale K. Nichols
The Involuntary Public Figure Class Of Gertz V. Robert Welch: Dead Or Merely Dormant?, Dale K. Nichols
University of Michigan Journal of Law Reform
This article does not resolve the debate over involuntary public figures but argues instead that in light of the Court's pronouncements in Firestone, Hutchinson and Walston, the involuntary class should be abolished. Part I briefly traces the evolution and significance of public figure status in defamation law, and reviews various interpretations of the involuntary public figure references in Gertz. Part II examines the status of the involuntary class after Firestone, Hutchinson and Walston, and discusses the extent to which future use of the class remains logically consistent with those decisions. Finally, the article considers the merits of …
The Lawsuit Lottery: Only The Lawyers Win, Michigan Law Review
The Lawsuit Lottery: Only The Lawyers Win, Michigan Law Review
Michigan Law Review
A Book Notice about The Lawsuit Lottery: Only the Lawyers Win by Jeffrey O'Connell