Recent misinterpretations of the avoidable consequences rule: the "duty" to mitigate and other fictions
Article Abstract:
Federal courts are wrong to prevent bank officials from asserting the duty to mitigate defense against the government when officials can point to negligent acts and omissions committed by the government in its post-takeover handling of failed banks which contribute to insolvency. Following the US District Court of Maryland's decision in FSLIC v. Roy, federal courts have mistakenly ruled that the defense is inapplicable because the government owes no duty of care or can not have its post-takeover conduct examined as a matter of public policy, or that the sovereign immunity doctrine shields it from liability in Federal Tort Claims Act actions.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
Body count: cops are suddenly long on murder, but the new statistics require a very careful moral calculus
Article Abstract:
New York City Mayor Giuliani is proud of the Police Dept's effort to reduce the murder rate from 2,000 in the early 1990s to 628 in 1998. This figure has changed in the first seven months of 1999 compared with the same period in 1998 with an increase of 8% from 368 to 398. The Police Dept attributes the rise to a less aggressive crime prevention effort impacted by the police death of Amadou Diallo in February. New Yorkers seem willing to relinquish their safety to stop police violation of minority men's and others' rights who are investigated by police regardless of cause.
Publication Name: The New York Times Magazine
Subject:
ISSN: 0028-7822
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
To dump or to pump?
Article Abstract:
Japan and the Netherlands have used different methods of land reclamation to increase the land area available for settlement. The Japanese have created Port Island and three other similar islands in Kobe Bay by removing part of the Rokko Mountains north of Kobe and using it for fill. The Flevoland region of the Netherlands was created by surrounding swamp land with dikes and draining the enclosed areas to make polders. These areas were originally dedicated to agriculture but have gradually been turned into urban regions.
Publication Name: Geographical Magazine
Subject: Petroleum, energy and mining industries
ISSN: 0016-741X
Year: 1993
User Contributions:
Comment about this article or add new information about this topic: