Just what you'd expect: Professor Henderson's redesign of products liability
Article Abstract:
Consumer protections contained in strict products liability section 402A of the Restatement (2d) of Torts are intentionally undermined by new Restatement provisions drafted under the auspices of James A. Henderson, Jr. Professor Henderson was known beforehand as a critic of section 402A and a proponent of limiting manufacturers' liability. The new Restatement's retreat from the consumer protection model widely adopted by the courts is a reflection of Professor Henderson's views and not based upon legitimate authority or policy.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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42 U.S.C. s. 1983 - qualified immunity of police officers - Eighth Circuit finds no clearly established right to be free from police-authorized media coverage of searches
Article Abstract:
The Eighth Circuit's decision in 'Parker v. Boyer', regarding police officers' liability to 42 U.S.C. 1983 suits where the police allow a TV news team to accompany officers in searching a house, ignored one part of the Supreme Court's ruling in 'Anderson v. Creighton'. While the circuit court looked for prior on-point rulings and for constitutional guidance, it did not consider other court rulings on analogous issues that would indicate whether the right in question was 'clearly established.'
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1997
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Government tort liability
Article Abstract:
Public tort law can best serve its underlying policy goals if specific reforms are made which rationalize the system and continue to uphold governmental immunity. The doctrine of respondeat superior should apply to the federal government when federal rights violations occur and to municipal governments under 42 U.S.C. section 1983. A higher threshold of misconduct should apply before liability attaches to government officials.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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