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Full-Text Articles in Torts
Constitutional Remedies, Section 1983 And The Common Law, Michael L. Wells
Constitutional Remedies, Section 1983 And The Common Law, Michael L. Wells
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Constitutional tort law marries the substantive rights granted by the Constitution to the remedial mechanism of tort law. The sweeping language of 42 U.S.C. 1983 provides that "[e]very person who, under color of any [state law] subjects, or causes to be subjected, any [person] to the deprivation of any [constitutional rights] shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress." Constitutional tort suits raise, in a new context, many tort-like remedial questions relating to causation, immunity, and damages--and therein lies a problem. The usual source of answers to …
Tort Claims Against The State: Georgia's Compensation System, R. Perry Sentell Jr.
Tort Claims Against The State: Georgia's Compensation System, R. Perry Sentell Jr.
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The State's immunity from liability for the torts of its officers and employees claims legendary status in American law. Indeed, immunity's history now looms as daunting as the doctrine itself. As with most epochal accounts, this history varies according to version--versions, assuredly, for many tastes. In sum, nevertheless, the offerings attest to a legal principle persisting as (at least) the point of departure in most jurisdictions. Anchored in both history and rationale, therefore, state tort immunity long dominated the law of the United States. Over time, indeed, the doctrine's durability proved unequal only to that of its critics. Those critics …
Civil (Tort) Litigation: The Search For Data Continues, Thomas A. Eaton
Civil (Tort) Litigation: The Search For Data Continues, Thomas A. Eaton
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What do we "know" about tort litigation in Georgia? How many tort suits are filed? What kinds of cases are filed? How many settle and how many go to trial? Do jurors tend to rule in favor of one party or the other? What are the typical damages awarded in cases in which the plaintiff prevails? How often are punitive damages awarded?