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Draft Of Justice Rehnquist's Commitment To The Court And Its Implications - 1986, Wendy J. Gordon
Draft Of Justice Rehnquist's Commitment To The Court And Its Implications - 1986, Wendy J. Gordon
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This Article will analyze the course to which Rehnquist seems to have committed the court, and examine its implications. Rehnquist starts with a notion of deliberateness (a federal concept that he draws out of the notion of deprivation) On its face, this seems to call for a new federal common law of torts.
Draft Of The Constitutionalization Of Intentional Torts - 1986, Wendy J. Gordon
Draft Of The Constitutionalization Of Intentional Torts - 1986, Wendy J. Gordon
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The Supreme Court has often faced the question of whether an individual who alleges that he has been injured by a state or local official or by a local governmental entity, can bring a constitutional tort action under section 1983 when state doctrines of sovereign or official immunity would make it impossible for the individual to prosecute an ordinary tort suit in the relevant state court. The Court has consistently held that when an official violates a substantive provision of the Constitution, only an immunity that is consistent with the purpose of section 1983 and the Consitution can be tolerated.
Draft Of The Intent In Private Tort Law - 1986, Wendy J. Gordon
Draft Of The Intent In Private Tort Law - 1986, Wendy J. Gordon
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These points can be best understood by bifurcating "intent" into its two components: state of mind (advertence) and the object to which the defendant's state of mind is directed.
Draft Of The Incoherence Of Intentional Torts And Section 1983 - 1986, Wendy J. Gordon
Draft Of The Incoherence Of Intentional Torts And Section 1983 - 1986, Wendy J. Gordon
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The Supreme Court has often faced the question of whether a person who alleges that a state or local official has caused him injury, can bring a constitutional tort action under section 1983 when the state doctrine of sovereign or official immunity makes it impossible for the injured person to prosecute an ordinary tort suit in the relevant state court.
Lecture Material For Advanced Torts - 1986, Wendy J. Gordon
Lecture Material For Advanced Torts - 1986, Wendy J. Gordon
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This assumes. of course, the defendant wants a speedy trial and is not intentionally hindering the Government's attempt to provide one. That assumption may be open to question in this case. The majority points out that respondents' strategically timed demands (or a speedy trial run somewhat hollow in light of respondents; overall behavior during the litigation.