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The Implications of Prison Privatization on the Conduct of Prisoner Litigation Under 42 U.S.C. Section 1983
(Vanderbilt Law Review, 1987)
Prisoners often seek redress in federal courts through causes of action brought under 42 U.S.C. Section 1983 for violations of their constitutional rights caused by the overall condition of their confinement or by one ...
The Founders' Unwritten Constitution
(University of Chicago Law Review, 1987)
In seeking to understand and interpret our written Constitution, judges and scholars have often focused on two related issues: how did the founding generation understand the Constitution they created, and to what extent ...
An Essay Concerning Toleration
(Minnesota Law Review, 1987)
This essay has suggested, through review of two recent works, how toleration theory can and cannot be used to provide a viable alternative to both moribund liberal ideas and the increasingly successful program of the new ...
Regulatory Economics in the Courts: An Analysis of Judge Scalia's NHTSA Bumper Decision
(Law & Contemporary Problems, 1987)
The automobile bumper standard issued by the National Highway Traffic Safety Administration (NHTSA) in 1982 was the product of a decade of policy debate.' This debate continued in the courts until ultimately the NHTSA ...
The Third-Party Defense to Hazardous Waste Liability: Narrowing the Contractual Relationship Exception
(South Texas Law Review, 1987)
This article focuses on one of the defenses to CERCLA liability, specifically, the third-party defense set forth in section 107(b)(3) of the Act [CERCLA § 107(b)(3), 42 U.S.C. § 9607(b)(3) (1982)] ... The particular concern ...
Workers' Compensation: Wage Effects, Benefit Inadequacies, and the Value of Health Losses
(The Review of Economics and Statistics, 1987)
Using the 1977 Quality of Employment Survey in conjunction with BLS risk series and state workers' compensation benefit formulas, the authors assess the labor market implications of workers' compensation. Higher levels of ...
State Adoption of Federal Law: Exploring the Limits of Florida's "Forced Linkage" Amendment
(University of Florida Law Review, 1987)
This article examines the "forced linkage" between state and federal provisions that the 1983 amendment establishes in Florida. It concludes that forced linkage is ill-conceived, because it is inimical to state court ...