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Articles 1 - 8 of 8
Full-Text Articles in Law
Mutual Pharmaceutical Co. V. Bartlett: A Need For “Explicit” Congressional Action And State Tort Law Reform, Kara A. Ritter
Mutual Pharmaceutical Co. V. Bartlett: A Need For “Explicit” Congressional Action And State Tort Law Reform, Kara A. Ritter
Kara A Ritter
No abstract provided.
The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein
The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein
Touro Law Review
No abstract provided.
Qualified Immunity For “Private” § 1983 Defendants After Filarsky V. Delia, Andrew W. Weis
Qualified Immunity For “Private” § 1983 Defendants After Filarsky V. Delia, Andrew W. Weis
Georgia State University Law Review
In 2012, the Supreme Court addressed private party qualified immunity in the case of Filarsky v. Delia. There, the Court found that both the historical and policy bases for immunity under § 1983 supported extending qualified immunity to outside counsel retained by a municipality. The Court noted that full-time government employees can always seek qualified immunity, so not extending it to individuals employed on some other basis would create “significant line-drawing problems . . . [which could] deprive state actors of the ability to ‘reasonably anticipate when their conduct may give rise to liability . . . .’”
This …
Revisiting Curd V. Mosaic Fertilizer, Llc. A Perversion Of Private Standing Under Section 376.313 Of Florida’S Pollution Discharge Prevention And Recovery Act, Levi L. Wilkes
Levi L Wilkes
No abstract provided.
Specificity Or Dismissal: The Improper Extension Of Rule 9(B) To Negligent Misrepresentation As A Deprivation Of Plaintiffs’ Procedural Due Process Rights, Julie A. Cook
William & Mary Bill of Rights Journal
No abstract provided.
Catalogs, Gideon Parchomovsky, Alex Stein
Catalogs, Gideon Parchomovsky, Alex Stein
All Faculty Scholarship
It is a virtual axiom in the world of law that legal norms come in two prototypes: rules and standards. The accepted lore suggests that rules should be formulated to regulate recurrent and frequent behaviors, whose contours can be defined with sufficient precision. Standards, by contrast, should be employed to address complex, variegated, behaviors that require the weighing of multiple variables. Rules rely on an ex ante perspective and are therefore considered the domain of the legislator; standards embody a preference for ex post, ad-hoc, analysis and are therefore considered the domain of courts. The rules/standards dichotomy has become a …
Of Locke And Valor: Why The Supreme Court's Decision In United States V. Alvarez Does Not Foreclose Congress's Ability To Protect The Property Rights Of Medal Of Honor Recipients, Timothy J. Geverd
Timothy J. Geverd
No abstract provided.
The Fundamental Nature Of Title Vii, Maria Ontiveros
The Fundamental Nature Of Title Vii, Maria Ontiveros
Maria L. Ontiveros
This article explores the fundamental nature of Title VII and argues that Title VII is a statute designed to protect the right to own and use one's own labor free from discrimination in order to provide meaningful economic opportunity and participation. This conclusion is based upon three different types of analysis: the elements approach; the super statute approach and the human rights approach. The "elements approach" places Title VII in context and argues that it cannot be interpreted in isolation because it is only one element of the Civil Rights Act of 1964. The "super statute approach" argues that Title …