Law Commons^™

Seeking Economic Justice In The Face Of Enduring Racism, Deseriee A. Kennedy

Scholarly Works

No abstract provided.

The Role Of Fault In § 1983 Municipal Liability, Michael Wells

Scholarly Works

Under Monell v. Department of Social Services, local governments are not vicariously liable for constitutional violations committed by their employees. Those governments, however, are liable under 42 U.S.C. § 1983 for violations committed by "policymaking" officials. In the face of these two principles, courts have struggled with cases in which an underling commits a constitutional violation and the claim of municipal liability is based on a policymaker's failure to prevent it. The government can be liable in these "indirect-effect" cases for a policymaker's "deliberate indifference" to safeguarding constitutional rights, a standard that demands an even greater showing of culpability than …

Side Effects: State Anti-Fraud Statutes, Off-Label Marketing, And The Solvable Challenge Of Causation, Isaac ("Zack") D. Buck

Scholarly Works

While the American public remains preoccupied with the lurching implementation of the Affordable Care Act, the regulation of pharmaceutical companies for their off-label marketing and promotion of drugs is a regulatory environment within the health industry that seems to be in wild flux. Following the Second Circuit’s decision in U.S. v. Caronia, commentators and providers seem unclear about the future of federal regulation in this area, with the FDA seeking to minimize the opinion, and pharmaceutical companies celebrating its impact. Much of the understandably spirited reaction to the Caronia case has omitted a discussion of the relevant and applicable state-law …

What Is Affirmative Action?, John Valery White

Scholarly Works

There is no rigorous definition of affirmative action. This Article argues that this remarkable circumstance has distorted and undercut American antidiscrimination law.

Though affirmative action is vigorously and widely debated, it has not been defined in the rigorous manner legal commentators would normally demand. Rather, commentators have deferred to policymakers' descriptions of affirmative action programs and employed those “definitions” to set the terms of policy debates over the propriety of affirmative action. Typically, commentators take for granted that affirmative action is “discriminatory” and seek to justify its use in certain contexts. This approach is also prominent in the United States …

Fundamentals Of Section 1983 Litigation, Martin A. Schwartz

Scholarly Works

No abstract provided.