Download or read book Constitutional Torts written by Sheldon H. Nahmod and published by . This book was released on 2020-07-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Torts written by Sheldon H. Nahmod and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To view or download the 2018 Supplement to this book, click here. This casebook emphasizes important circuit court decisions together with relevant Supreme Court case law. This enables students to see how principles articulated in Supreme Court decisions are implemented by lower courts. Constitutional Torts also addresses affirmative duties, constitutional tort actions in state courts, and attorney's fees. Further, this book is organized around the statutory language of section 1983, thereby driving home the crucial distinction between prima facie cases and constitutional tort immunities and defenses. The fourth edition covers Supreme Court decisions from the past several years, including Minneci v. Pollard (chapter 1), Lane v. Franks and Plumhoff v. Rickard (chapter 3), Connick v. Thompson (chapter 5), Rehberg v. Paulk (chapter 7), Carroll v. Carman, Reichle v. Howards, Ashcroft v. Al-Kidd, Camreta v. Greene, Tolan v. Cotton, Ortiz v. Johnson and Filarsky v. Delia (chapter 8), Lefemine v. Wideman and Perdue v. Kenny A. (chapter 12). The circuit courts have been active over the past few years. We have extensively revised the notes to take account of the recent developments. This edition also welcomes Fred Smith as a coauthor. Constitutional Torts studies circuit and district court decisions as crucial to understanding the developing law of Section 1983, because (a) they show how general principles of law pronounced by the Supreme Court are actually applied; (b) the Supreme Court rarely visits some important aspects of the doctrine; and (c) in this dynamic area of the law, the lower courts are the first to identify new issues and new ways of approaching old problems. At the same time, the materials continue to emphasize the "tort" aspects of Section 1983 litigation, especially with regard to affirmative duties, causation, official immunity, and damages. These materials illuminate both the similarities and differences between constitutional torts and analogous principles developed in the common law tort setting. By studying both tort and constitutional principles, students learn how to argue for and against the application of common law tort principles to constitutional tort issues, and will come to understand both the theoretical and practical consequences of the constitutional underpinnings of the litigation. Constitutional Torts provides a thorough treatment of compensatory damages, punitive damages, injunctive relief, and attorneys' fees. These materials not only explain the basic doctrine, but explore their strategic implications on the conduct of litigation. A Teacher's Manual is available to professors. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Download or read book Constitutional Torts and the War on Terror written by James E. Pfander and published by Oxford University Press. This book was released on 2017 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government accountability in the nineteenth century -- Bivens and government accountability in the twentieth century -- Human rights and War on Terror litigation -- Evaluating the effectiveness of Bivens litigation -- Evaluating justifications for judicial silence -- Congressional ratification of the bivens action -- Applying Bivens to conduct outside of the United States -- Overcoming qualified immunity -- Common-law solutions to judge-made problems.
Download or read book Constitutional Torts written by Sheldon H. Nahmod and published by . This book was released on 2004 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Torts written by Sheldon H. Nahmod and published by . This book was released on 2015 with total page 795 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Tort Claims Act written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Agency Administration and published by . This book was released on 1982 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Local Government Liability for Constitutional Torts written by Robert Wesley Pearigen and published by . This book was released on 1991 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Tort Claims Act written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Agency Administration and published by . This book was released on 1982 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Torts written by Sheldon H. Nahmod and published by . This book was released on 2008-12-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Advanced Torts written by George C. Christie and published by West Academic Publishing. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Advanced Torts Book is designed for a two or three hour tort course for students who have had a basic tort class and wish to pursue in-depth some of the important topics of tort law that are either not covered or not covered in much depth in their basic tort course. Unlike some advance torts texts that devote much of their attention to economic and business torts, products liability or toxic torts, this book offers materials on a number of areas: trespass and nuisance, economic torts, products liability, insurance, tort reform and non-tort compensation systems, intentional infliction of emotional distress, defamation, privacy, misuse of legal process and constitutional torts.
Download or read book Three Models of Constitutional Torts written by David T. Zaring and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new prominence of constitutional tort claims like Valerie Plame's and Jose Padilla's calls for a re-examination of the form, a basic, but often overlooked, kind of lawsuit. This essay divides constitutional tort claims into three different types, each with different purposes and different kinds of plaintiffs, and each with different implications for the regulation of government policy. It also makes the case for the continuing, if uneasy, relevance of the form, despite its often belabored, but certainly justified, reputation for hostility towards plaintiffs. Constitutional torts do not always fail in every way, or in the same ways. To be sure, there are the pro se and quasi-pro se cases that always lose. But there are also the excessive use of force cases that sometimes do not lose. And, increasingly, there are the policy-related strike suits against senior federal officials where liability, in the end, is not the point. After trifurcating the constitutional tort, the paper seeks to explain why it remains interesting, and draws some larger conclusions about the evolution of the Bivens suit, which increasingly looks like a new, albeit problematic, locus of the old impulse towards institutional reform litigation, and an increasingly-resorted-to alternative to lawsuits under the Administrative Procedure Act.
Download or read book Government Liability in Tort written by Edwin Montefiore Borchard and published by . This book was released on 1924 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Law Stories written by Michael C. Dorf and published by . This book was released on 2009 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dorf's Constitutional Law Stories provides a student with an understanding of 15 leading U.S. constitutional law cases. It focuses on how lawyers, judges, and socioeconomic factors shaped the litigation, and why the cases have attained landmark status. This book is suitable for adoption as a supplement in an introductory constitutional law course or as a text for an advanced seminar.
Download or read book When a Jury Can t Say No written by Anthony DiSarro and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the Supreme Court has twice rejected presumed damages as a remedy for constitutional violations, the Court of Appeals for the Second Circuit has endorsed the remedy at least for certain constitutional torts that result in a “loss of liberty”. Presumed damages for constitutional wrongs is difficult to reconcile with much of our present remedial jurisprudence. The remedy seems contrary to Supreme Court pronouncements that compensatory damages are be the primary means to obtain a monetary remedy for injuries sustained from constitutional violations, and that nominal damages should be awarded when no such damages are proved. Presuming damages represents an encroachment upon the parties' rights under the Seventh Amendment's Trial by Jury Clause to have a jury determine whether, and what amount of, damages should be awarded for a constitutional infraction. It also permits a court to disregard a jury's determination that no damages should be awarded to a plaintiff, which seems inconsistent with the Re-examination Clause of that Amendment. In light of the ease with which intangible harms can be redressed with monetary awards under existing compensatory damages law, presumed damages would appear to represent a gratuitous recovery. The remedy produces duplicative recoveries and inflated awards. In cases where constitutional tort claims can be aggregated through the class action procedure, presumed damages can be fiscally ruinous to a municipality. The Second Circuit may have come to accept presumed damages because it has failed to accord proper respect to the nominal damages recovery. In contrast to other Circuits, the Second Circuit holds that attorneys' fees should not be awarded to plaintiffs who only obtain nominal damages. The invented presumed damages remedy is a means to escape the harsh consequences of this myopic approach to fees-shifting, The far more preferable approach would be to recognize that nominal damages recoveries can form the basis for an award of attorneys' fees.
Download or read book Constitutional Theocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2010-11-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the intersection of two sweeping global trends—the rise of popular support for principles of theocratic governance and the spread of constitutionalism and judicial review—a new legal order has emerged: constitutional theocracy. It enshrines religion and its interlocutors as “a” or “the” source of legislation, and at the same time adheres to core ideals and practices of modern constitutionalism. A unique hybrid of apparently conflicting worldviews, values, and interests, constitutional theocracies thus offer an ideal setting—a “living laboratory” as it were—for studying constitutional law as a form of politics by other means. In this book, Ran Hirschl undertakes a rigorous comparative analysis of religion-and-state jurisprudence from dozens of countries worldwide to explore the evolving role of constitutional law and courts in a non-secularist world. Counterintuitively, Hirschl argues that the constitutional enshrinement of religion is a rational, prudent strategy that allows opponents of theocratic governance to talk the religious talk without walking most of what they regard as theocracy’s unappealing, costly walk. Many of the jurisdictional, enforcement, and cooptation advantages that gave religious legal regimes an edge in the pre-modern era, are now aiding the modern state and its laws in its effort to contain religion. The “constitutional” in a constitutional theocracy thus fulfills the same restricting function it carries out in a constitutional democracy: it brings theocratic governance under check and assigns to constitutional law and courts the task of a bulwark against the threat of radical religion.
Download or read book Constitutionalisation of Private Law written by Thomas Barkhuysen and published by BRILL. This book was released on 2006 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.
Download or read book Constitutional Torts written by Kenneth Culp Davis and published by . This book was released on 1984 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:
