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Articles 31 - 42 of 42
Full-Text Articles in Legal Remedies
Constitutional Torts: Combining Diverse Doctrines And Practicality, Thomas A. Eaton, Michael Wells
Constitutional Torts: Combining Diverse Doctrines And Practicality, Thomas A. Eaton, Michael Wells
Scholarly Works
Constitutional Torts is, in part, a response to our sense that the upper level curriculum could be improved by courses that bring together areas of doctrine that are often studied in isolation. We think there is substantial value in bringing together seemingly disparate areas of doctrine that bear on a common real-world problem. Students benefit from learning how to put together concepts from different substantive areas in order to solve problems they will face in practice.
From Parratt To Zinermon: Authorization, Adequacy, And Immunity In A Systematic Analysis Of State Procedure, Daniel S. Feder
From Parratt To Zinermon: Authorization, Adequacy, And Immunity In A Systematic Analysis Of State Procedure, Daniel S. Feder
Cardozo Law Review
No abstract provided.
Orderlies In The Court? A Proposal For The Proper Designation Of Medical Malpractice Claims, Russell S. Schwartzman
Orderlies In The Court? A Proposal For The Proper Designation Of Medical Malpractice Claims, Russell S. Schwartzman
Cardozo Law Review
No abstract provided.
Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton
Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton
Scholarly Works
The thesis of this Article is that both the Supreme Court and its critics have failed to identify and confront the central issue presented by these due process constitutional tort cases. That issue is neither procedural fairness nor the choice between state and federal courts. It is deciding whether a government-inflicted injury to life, liberty, or property violates the substantive protections of the due process clauses and thereby warrants a constitutionally derived tort remedy. In Part II of this Article we examine the Supreme Court's decisions in this area, focusing primarily on Parratt v. Taylor. We demonstrate that neither Parratt …
The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport
The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport
Cardozo Law Review
No abstract provided.
Institutional Injunctions, David Rudenstine
Finberg V. Sullivan: Protecting Exempt Funds From Postjudgment Seizure, Eric M. Schmidt
Finberg V. Sullivan: Protecting Exempt Funds From Postjudgment Seizure, Eric M. Schmidt
Cardozo Law Review
No abstract provided.
Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser
Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Federal Practice And Procedure, Martin J. Kane
Federal Practice And Procedure, Martin J. Kane
Villanova Law Review
No abstract provided.
The New Due Process: Rights And Remedies, Doug R. Rendleman
The New Due Process: Rights And Remedies, Doug R. Rendleman
Faculty Publications
This article discusses the "new" due process. Perhaps new is a misnomer. Due process was not discovered recently. It has been around a long time protecting varying interests from arbitrary action. The discovery called the "new" due process is merely that procedural protections are not so limited as previously thought. This article will examine the interests encompassed by the new due process and the remedial apparatus now being developed to protect those interests.
Creditors' Remedies: Does The State Help Those Who Help Themselves, Robert G. Edinger
Creditors' Remedies: Does The State Help Those Who Help Themselves, Robert G. Edinger
Villanova Law Review
No abstract provided.
Eastland V. U.S. Servicemen’S Fund, Lewis F. Powell Jr.
Eastland V. U.S. Servicemen’S Fund, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.