Law Commons^™

Government Official Torts And The Takings Clause: Federalism And State Sovereign Immunity, Jack M. Beermann

Faculty Scholarship

In this article, I argue that state sovereign and official immunities, insofar as they bar recovery when private parties would be liable for similar conduct, are unconstitutional under the takings clause of the fifth amendment, as applied to the states under the fourteenth.²² A state's refusal to compensate plaintiffs for the tortious damage or destruction of property should be redressed by the federal courts in civil actions brought under § 1983.

Section I of this article provides background through a discussion of the Supreme Court's treatment of the problem of torts committed by government officials, primarily in procedural due …

The Unwed Father And The Right To Know Of His Child's Existence, John R. Hamilton

Kentucky Law Journal

No abstract provided.

The Establishment Clause And Nativity Scenes: A Reassessment Of Lynch V. Donnelly, Richard S. Myers

Kentucky Law Journal

No abstract provided.

Cts Corp. V. Dynamics Corp. Of America: Of State Regulation, Tender Offers, And Necromancy, Brian S. West

Kentucky Law Journal

No abstract provided.

Personal Jurisdiction And The Stream Of Commerce Theory: A Reappraisal And A Revised Approach, Mollie A. Murphy

Kentucky Law Journal

No abstract provided.