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Articles 1 - 6 of 6
Full-Text Articles in Law
Judicial Review Of Labor Arbitration Awards: Practices, Policies, And Sanctions, Mark Berger
Judicial Review Of Labor Arbitration Awards: Practices, Policies, And Sanctions, Mark Berger
Faculty Works
No abstract provided.
Landlords As Cops: Tort, Nuisance & Forfeiture Standards Imposing Liability On Landlords For Crime On The Premises, Barbara Glesner Fines
Landlords As Cops: Tort, Nuisance & Forfeiture Standards Imposing Liability On Landlords For Crime On The Premises, Barbara Glesner Fines
Faculty Works
No abstract provided.
Immunity Under 42 U.S.C. § 1983: Interpretive Approach And The Search For The Legislative Will, David J. Achtenberg
Immunity Under 42 U.S.C. § 1983: Interpretive Approach And The Search For The Legislative Will, David J. Achtenberg
Faculty Works
The Supreme Court has long struggled with immunity under 42 U.S.C. § 1983. Section 1983 is the principal statutory vehicle used to remedy constitutional violations committed by state and local officials. Expansion or contraction of official immunity under the statute effectively decreases or increases officials' incentives to avoid those violations. A broader immunity doctrine will lead to more constitutional violations. However, it will also lead to a greater willingness to attempt potentially useful innovations whose constitutionality has not yet been determined. A narrower immunity doctrine will reduce the number of constitutional violations. However, it will reduce officials' willingness to experiment. …
Restoring The Common In The Law: Proposal For The Elimination Of Rules Prohibiting The Citation Of Unpublished Decisions In Kansas And The Tenth Circuit, Mark D. Hinderks, Steve A. Leben
Restoring The Common In The Law: Proposal For The Elimination Of Rules Prohibiting The Citation Of Unpublished Decisions In Kansas And The Tenth Circuit, Mark D. Hinderks, Steve A. Leben
Faculty Works
No abstract provided.
Ethereal Torts, Nancy Levit
Ethereal Torts, Nancy Levit
Faculty Works
Tort litigation has extended liability over time and space, through toxic tort cases as well as unknown and perhaps unknowable risks in products liability cases. Different types of mass tort litigation have spawned different permutations of claims and theories. The movement toward multiple causation and accountability encompasses complex notions of responsibility among multiple parties to an occurrence. Modern torts have particularized mental-state requirements, and there has been a refinement in the approach to mental state generally. Finally, the judiciary's development of common law liability has been accompanied by an upheaval in the theoretical bases for tort liability: commentators have explored …
Altruistic Communities And The Responsible Use Of Legal Power, John W. Ragsdale Jr
Altruistic Communities And The Responsible Use Of Legal Power, John W. Ragsdale Jr
Faculty Works
When an animate, conscious body - individual, collective, economic or political - is imbued with a strong central vision or focus, the ongoing actions of the body automatically become coordinated and subordinated to the dictates of that core imagery. When the center is affirmative and qualitative, then the body has a distinct capacity for self-sufficiency, endurance, and equilibrium. If, however, the central focus is negative or linear, then the capacity for internal homeostasis is greatly lessened. A core of fear, anger, or endless material craving can prompt the exercises of power that herein will be called irresponsible. Such exercises of …