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Articles 1 - 9 of 9

Full-Text Articles in Constitutional Law

Constitutional Wrongs And Common Law Principles: The Case For The Recognition Of State Constitutional Tort Actions Against State Governments, T. Hunter Jefferson Nov 1997

Constitutional Wrongs And Common Law Principles: The Case For The Recognition Of State Constitutional Tort Actions Against State Governments, T. Hunter Jefferson

Vanderbilt Law Review

Imagine an individual whose friend has allowed him to stay in a bedroom of his trailer home. This individual brings his most treasured and personal possessions along with him. Two police officers, after receiving information of potential criminal activity from an informant, enter the trailer without a warrant. Instead of obtaining a warrant, the officers solicit the consent of a third party and ransack the bedroom-leaving it in complete disarray. They find no evidence of the alleged criminal wrongdoing and seize no property. Although the police do not arrest the individual, they have humiliated him and have invaded his privacy. …


Seven Years Later, The Promise Of Ada Remains Unfilled, Randy Lee Oct 1997

Seven Years Later, The Promise Of Ada Remains Unfilled, Randy Lee

Randy Lee

No abstract provided.


The Burdens Of Qualified Immunity: Summary Judgment And The Role Of Facts In Constitutional Tort Law , Alan K. Chen Oct 1997

The Burdens Of Qualified Immunity: Summary Judgment And The Role Of Facts In Constitutional Tort Law , Alan K. Chen

American University Law Review

No abstract provided.


Recalibrating The Scales Of Justice Through National Punitive Damage Reform, Kimberly A. Pace Jun 1997

Recalibrating The Scales Of Justice Through National Punitive Damage Reform, Kimberly A. Pace

American University Law Review

No abstract provided.


Brown V. State Of New York: Judge Simons Says New York State Can Be Held Liable For Money Damages, Eric J. Stockel Jan 1997

Brown V. State Of New York: Judge Simons Says New York State Can Be Held Liable For Money Damages, Eric J. Stockel

Touro Law Review

No abstract provided.


Emphasizing The Constitutional In Constitutional Torts (Symposium On Section 1983), Christina B. Whitman Jan 1997

Emphasizing The Constitutional In Constitutional Torts (Symposium On Section 1983), Christina B. Whitman

Articles

It has been surprisingly difficult to extricate constitutional litigation from torts. In this Article I would like to resist once more' the idea that tort doctrines and tort categories provide a useful model for constitutional decision-making. When it comes to deciding the merits of a constitutional claim, torts is a distraction. That is the case whether torts serves as a positive model for the constitutional cause of action or as an alternative to be shunned. As part of this argument, I also question the claim2 that Monroe v. Pape,3 the 1961 case that opened the door for damages relief under …


International Jurisdiction In Products Liability Cases (Analysis Of Asahi And Post-Asahi Cases), Tsutomu Kuribayashi Jan 1997

International Jurisdiction In Products Liability Cases (Analysis Of Asahi And Post-Asahi Cases), Tsutomu Kuribayashi

LLM Theses and Essays

With the increase of foreign trade, there has also been an increase in the number of foreign manufacturers and distributors involved in product liability litigation in the United States. In many cases, the products from these foreign manufacturers and distributors reach the forum states through the stream of commerce, and are distributed to the customers by regional distributors, wholesalers, and retailers. Therefore, in many product liability cases where defective products from these foreign manufacturers and distributors cause injuries to people in the United States, those foreign companies do not have a direct relationship with the forum states. In these cases, …


Constitutional Torts, Common Law Torts, And Due Process Of Law, Michael L. Wells Jan 1997

Constitutional Torts, Common Law Torts, And Due Process Of Law, Michael L. Wells

Scholarly Works

Government officers may harm persons in many ways. When an official inflicts a physical injury, causes emotional distress, publishes defamatory statements, or initiates a malicious prosecution, the victim's traditional recourse is a tort suit brought under common law or statutory principles. But an alternative to ordinary tort may also be available. The growth of damage remedies for constitutional violations in the decades following Monroe v. Pape has encouraged litigants to frame their cases as breaches of the Constitution. These litigants may sue for damages under 42 U.S.C. § 1983 when the offender is a state employee, or assert the damages …


Paying For Suffering: The Problem Of Human Experimentation, Larry I. Palmer Jan 1997

Paying For Suffering: The Problem Of Human Experimentation, Larry I. Palmer

Cornell Law Faculty Publications

No abstract provided.