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Author : Sheldon H. Nahmod
Publisher :
ISBN 13 : 9781531017521
Total Pages : pages
Book Rating : 4.0/5 (175 download)
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:
Author : James E. Pfander
Publisher : Oxford University Press
ISBN 13 : 0190495286
Total Pages : 281 pages
Book Rating : 4.1/5 (94 download)
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.
Author : Sheldon H. Nahmod
Publisher :
ISBN 13 :
Total Pages : 824 pages
Book Rating : 4.F/5 ( download)
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:
Author : Sheldon H. Nahmod
Publisher :
ISBN 13 : 9781632816009
Total Pages : 795 pages
Book Rating : 4.8/5 (16 download)
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:
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Agency Administration
Publisher :
ISBN 13 :
Total Pages : 224 pages
Book Rating : 4.3/5 (121 download)
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:
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Agency Administration
Publisher :
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.0/5 ( download)
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:
Author : Robert Wesley Pearigen
Publisher :
ISBN 13 :
Total Pages : 450 pages
Book Rating : 4.F/5 ( download)
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:
Author : Sheldon H. Nahmod
Publisher :
ISBN 13 : 9781422428740
Total Pages : pages
Book Rating : 4.4/5 (287 download)
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:
Author : David T. Zaring
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
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.
Author : Edwin Montefiore Borchard
Publisher :
ISBN 13 :
Total Pages : 104 pages
Book Rating : 4.A/5 ( download)
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:
Author : Anthony DiSarro
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
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.
Author : George C. Christie
Publisher : West Academic Publishing
ISBN 13 : 9780314281821
Total Pages : 0 pages
Book Rating : 4.2/5 (818 download)
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.
Author : Kenneth Culp Davis
Publisher :
ISBN 13 : 9780943626079
Total Pages : 338 pages
Book Rating : 4.6/5 (26 download)
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:
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations
Publisher :
ISBN 13 :
Total Pages : 180 pages
Book Rating : 4.0/5 (18 download)
Download or read book Amendment of the Federal Tort Claims Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations and published by . This book was released on 1979 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Practice and Procedure
Publisher :
ISBN 13 :
Total Pages : 208 pages
Book Rating : 4.F/5 ( download)
Download or read book Title XIII of S. 829--to Amend the Federal Tort Claims Act written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Practice and Procedure and published by . This book was released on 1983 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 142 pages
Book Rating : 4.:/5 (787 download)
Download or read book Constitutional Torts written by and published by . This book was released on 1979 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Thomas Barkhuysen
Publisher : BRILL
ISBN 13 : 9004148523
Total Pages : 145 pages
Book Rating : 4.0/5 (41 download)
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.
