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Articles 1 - 5 of 5
Full-Text Articles in Law
Constitutional Torts, Christina B. Whitman
Constitutional Torts, Christina B. Whitman
Articles
In this Article, I analyze the significance of the overlap between state tort law remedies and remedies under section 1983. I conclude that the dissatisfaction with section 1983 cannot fairly be attributed to the fact that it has been read to provide a remedy that "supplements" state law. I argue that most of the anxiety over constitutional damage actions under section 1983 can be understood - and resolved - only by focusing on two other questions. The first of these concerns the appropriate reach of the Constitution. Ambivalence about section 1983 reflects, in part, a fear that the federal Constitution …
Toxic Substance Contamination: The Risk-Benefit Approach To Causation Analysis, Bradford W. Kuster
Toxic Substance Contamination: The Risk-Benefit Approach To Causation Analysis, Bradford W. Kuster
University of Michigan Journal of Law Reform
This article argues that the dilemma described above requires change and proposes a new standard for causation in this type of toxic contamination case. Part I examines the difficulties posed by conventional common law relief mechanisms, and the inadequacies of existing statutory relief mechanisms. Part II scrutinizes a more lenient burden of proof standard, the risk-benefit approach, which some courts have applied when faced with situations involving scientific uncertainties. The risk-benefit approach will be applied to causation analysis in the context of damage recoveries, using the. Hemlock, Michigan, situation as a case study. Part III discusses present congressional proposals, and …
Interspousal Immunity In Pennsylvania, John L. Gedid
Interspousal Immunity In Pennsylvania, John L. Gedid
Duquesne Law Review
No abstract provided.
Comparative Contribution: The Legislative Enactment Of The Skinner Doctrine, 14 J. Marshall L. Rev. 141 (1980), Randall F. Clark
Comparative Contribution: The Legislative Enactment Of The Skinner Doctrine, 14 J. Marshall L. Rev. 141 (1980), Randall F. Clark
UIC Law Review
No abstract provided.
Commercial Hardship And The Discharge Of Contractual Obligations Under American And British Law, John J. Gorman
Commercial Hardship And The Discharge Of Contractual Obligations Under American And British Law, John J. Gorman
Vanderbilt Journal of Transnational Law
There are several doctrines under which contractual obligations have been judicially discharged. This Note will examine the United States doctrine of commercial impracticability or commercial impossibility and the English doctrine of frustration of contract or frustration of the commercial objective. The focus of this Note therefore is on those situations in which discharge from contractual obligations is sought because of supervening economic hardship. Part II provides a brief historical account of the development of the English common law doctrine of impossibility. Part III traces the development of the United States concept of commercial impossibility and commercial impracticability from the early …