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Articles 1 - 4 of 4
Full-Text Articles in Law
An Examination Of The Right To Jury Trial Where Copyright Statutory Damages Are Elected, Ted J. Feldman
An Examination Of The Right To Jury Trial Where Copyright Statutory Damages Are Elected, Ted J. Feldman
Hofstra Law Review
No abstract provided.
Presumed General Compensatory Damages In Constitutional Tort Litigation: A Corrective Justice Perspective, Jean C. Love
Presumed General Compensatory Damages In Constitutional Tort Litigation: A Corrective Justice Perspective, Jean C. Love
Washington and Lee Law Review
No abstract provided.
Immunity Under 42 U.S.C. § 1983: Interpretive Approach And The Search For The Legislative Will, David J. Achtenberg
Immunity Under 42 U.S.C. § 1983: Interpretive Approach And The Search For The Legislative Will, David J. Achtenberg
Faculty Works
The Supreme Court has long struggled with immunity under 42 U.S.C. § 1983. Section 1983 is the principal statutory vehicle used to remedy constitutional violations committed by state and local officials. Expansion or contraction of official immunity under the statute effectively decreases or increases officials' incentives to avoid those violations. A broader immunity doctrine will lead to more constitutional violations. However, it will also lead to a greater willingness to attempt potentially useful innovations whose constitutionality has not yet been determined. A narrower immunity doctrine will reduce the number of constitutional violations. However, it will reduce officials' willingness to experiment. …
Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn
Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn
Articles
Since the adoption in 1919 of the Revenue Act of 1918, damages received on account of personal injuries or sickness have been excluded by statute from gross income.1 This exclusion, which does not apply to reimbursements for medical expenses for which the taxpayer was previously allowed a tax deduction,2 is presently set forth in section 104(a)(2). One might expect that a provision having recently attained the ripe age of 75 years without change in its basic language would have a settled meaning. However, recent litigation under section 104(a)(2) bristles with unsettled issues. Does the exclusion apply to punitive damages? To …