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Full-Text Articles in Law
Tort Suits For Injuries Sustained During Illegal Abortions: The Effects Of Judicial Bias , Gail D. Hollister
Tort Suits For Injuries Sustained During Illegal Abortions: The Effects Of Judicial Bias , Gail D. Hollister
Faculty Scholarship
Most courts hold that, by agreeing to have an illegal abortion, a woman forfeits her right to recover for injuries tortuously inflicted during that abortion. Nevertheless, most courts do permit suits by those injured in the course of committing other crimes, and they usually do so without considering whether plaintiff's criminal conduct should prevent recovery. Part II of this Article explores and discredits the reasons offered for prohibiting recovery in abortion suits. 21 Part III analyzes, on a chronological basis, each state's decisions prohibiting such recovery. Part IV discusses possible explanations for the abortion decisions, noting that these women's claims …
Extra! Extra! Read All About It: What A Plaintiff "Knows Or Should Know" Based On Officials' Statements And Media Coverage Of Police Misconduct For Notice Of A § 1983 Municipal Liability Claim, Jenny Rivera
Fordham Urban Law Journal
The article argues that the Second Circuit's recent decisions in Clinton v. City of New York and Monzon v. City of New York reduce the effectiveness of a §1983 claim against a municipality. The article highlights that the element of subjectivity required to determine the accrual period of a §1983 claim restricts the utility of the claim because it adopts a cultural standard at odds with a racialized societal reality. The author discusses whether consideration of plaintiffs' testimony, statements of state and local police officials, and media coverage of municipal and state employee actions should factor into determining the accrual …
Why Civil Rights Lawsuits Do Not Deter Police Misconduct: The Conundrum Of Indemnification And A Proposed Solution, Richard Emery, Ilann Margalit Maazel
Why Civil Rights Lawsuits Do Not Deter Police Misconduct: The Conundrum Of Indemnification And A Proposed Solution, Richard Emery, Ilann Margalit Maazel
Fordham Urban Law Journal
This essay argues that indemnification of police officers found liable in civil suits works against deterring officers from future misconduct. The essay explains how the existing indemnification scheme results in tax payers funding these judgments and settlements and explains the mechanisms surrounding representation of a defendant officer and the city's indemnification of a decision. The author suggests a solution that allows for compensation of plaintiffs and deterrence of officers. Under the proposed solution, judges should always allow compensation for plaintiffs but should consider the officer's prior history of misconduct, the disciplinary measures taken against such misconduct, and the defendant's ability …