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Legal Remedies Commons

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Full-Text Articles in Legal Remedies

The Tort Of Betrayal Of Trust, Caroline Forell, Anna Sortun Jan 2009

The Tort Of Betrayal Of Trust, Caroline Forell, Anna Sortun

Caroline A Forell

Fiduciary betrayal is a serious harm. When the fiduciary is a doctor or a lawyer, and the entrustor is a patient or client, this harm frequently goes unremedied. Betrayals arise out of disloyalty and conflicts of interest where the lawyer or doctor puts his or her interest above that of his or her client or patient. It causes dignitary harm that is different from the harm flowing from negligent malpractice. Nevertheless, courts, concerned with overdeterrence, have for the most part refused to allow a separate claim for betrayal. In this Article, we suggest that betrayal deserves a remedy and propose …


The Appropriations Power And Sovereign Immunity, Paul F. Figley Jan 2009

The Appropriations Power And Sovereign Immunity, Paul F. Figley

Articles in Law Reviews & Other Academic Journals

Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence - or nonexistence - of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers’ Case (1690–1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the …