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\u27s decisions in this area, focusing primarily on Parratt v. Taylor. We demonstrate that neither Parratt nor its predecessors provide meaningful guidelines to define the boundary between constitutional and o...
Although substantive due process is one of the most confusing and controversial areas of constitutio...
The issue of causation is fundamental to every constitutional tort action. Money damages are not rec...
The Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution pro...
The thesis of this Article is that both the Supreme Court and its critics have failed to identify an...
Government officers may harm persons in many ways. When an official inflicts a physical injury, caus...
The cause of action for damages to redress violations of constitutional rights is now firmly establi...
It has been surprisingly difficult to extricate constitutional litigation from torts. In this Articl...
Tort liability in the private realm may be understood as an instrument aimed...at deterrence...[and...
Constitutional tort law marries the substantive rights granted by the Constitution to the remedial m...
This Article argues that the Bowers principle is wrong. It examines the issues of doctrine and polic...
The procedural due process questions raised by Section 401 differ in substantial ways from questions...
Critics complain that punitive damages often serve no good purpose. Whatever the merit of this charg...
This article identifies another counterbalancing power that checks the legislative ability to restri...
In this article, I argue that state sovereign and official immunities, insofar as they bar recovery ...
Since the adoption of the due process clause of the fourteenth amendment, the Supreme Court has vaci...
Although substantive due process is one of the most confusing and controversial areas of constitutio...
The issue of causation is fundamental to every constitutional tort action. Money damages are not rec...
The Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution pro...
The thesis of this Article is that both the Supreme Court and its critics have failed to identify an...
Government officers may harm persons in many ways. When an official inflicts a physical injury, caus...
The cause of action for damages to redress violations of constitutional rights is now firmly establi...
It has been surprisingly difficult to extricate constitutional litigation from torts. In this Articl...
Tort liability in the private realm may be understood as an instrument aimed...at deterrence...[and...
Constitutional tort law marries the substantive rights granted by the Constitution to the remedial m...
This Article argues that the Bowers principle is wrong. It examines the issues of doctrine and polic...
The procedural due process questions raised by Section 401 differ in substantial ways from questions...
Critics complain that punitive damages often serve no good purpose. Whatever the merit of this charg...
This article identifies another counterbalancing power that checks the legislative ability to restri...
In this article, I argue that state sovereign and official immunities, insofar as they bar recovery ...
Since the adoption of the due process clause of the fourteenth amendment, the Supreme Court has vaci...
Although substantive due process is one of the most confusing and controversial areas of constitutio...
The issue of causation is fundamental to every constitutional tort action. Money damages are not rec...
The Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution pro...