Government Liability-§ 1983
In: The urban lawyer: the national journal on state and local government law, Band 29, Heft 4, S. 954-955
ISSN: 0042-0905
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In: The urban lawyer: the national journal on state and local government law, Band 29, Heft 4, S. 954-955
ISSN: 0042-0905
In: Melbourne University Law Review, Band 32, Heft 44
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Dr. Wallace Gulia was born in Paola on the 4th of March 1926. In 1945, he took his first degrees from University, the B.Sc; and Ph.C., finishing first in order of merit. In 1947, he obtained, through a correspondence course the Diploma in Public Administration (London). He obtained his B.A. from the Royal University of Malta in 1949, again finishing up first in order of merit. In 1952, he graduated as a lawyer. ; N/A
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In: The urban lawyer: the national journal on state and local government law, Band 28, Heft 4, S. 661
ISSN: 0042-0905
In: in John Eldridge, David Rolph and Tim Pilkington (eds), Australian Tort Law in the 21st Century (Federation Press, 2023) (Forthcoming)
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Washington's waiver of sovereign immunity has been in force for nearly forty-five years, during which time many questions have been answered. New litigation, however, continues to expand the scope of the waiver, and the extent of liability continues to raise new questions and present difficult problems. Major problems include the uncertainty of case-by-case determinations of government liability and the cost of liability for inherently risky governmental programs, such as corrections and child welfare. Part I of this Article examines the waiver against the background of prior Washington law and the pattern of immunity waivers in other jurisdictions. This examination reveals surprising features of prior Washington law, such as the narrow scope of liability for local governments which lacked sovereign immunity before 1961. It also reveals fundamental differences between waivers in Washington and in other states. Washington's waiver contains no partial immunities, no limits on claims or damages, and no liability standards for government; it requires neither legislative review and approval of claims, nor adjudication of claims by special tribunals. Waivers in other states contain at least one of these features; most contain two or more. Part II of the Article summarizes three very different periods of development of government liability law following the 1961 waiver. This part of the Article includes summaries of state experience with claim and defense costs, the effect of two tort reform acts (1981 and 1986), and three proposals for legislative control of government tort liability. Part II also summarizes the substance of Washington's governmental liability law and compares it to the laws in other jurisdictions. In the public duty doctrine, for example, Washington law is similar to other jurisdictions. In other areas, including crimes committed by released criminal offenders, Washington law is very different. These differences have proved controversial because they have generated high costs and affected ...
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This article focuses on the liability issues arising from the Fukushima nuclear disaster. The radioactivity released from the Fukushima Dai-ichi Nuclear Power Plant inflicted catastrophic harm to people, industries, and the environment. Under Japanese law, a nuclear operator bears strict, channeling, and unlimited liability for nuclear damage unless the damage is caused by a grave natural disaster of an exceptional character. This article concludes the Great East Japan Earthquake and tsunami that triggered this nuclear accident do not fall within this exemption because neither of them were unforeseeable nor far beyond the design basis for the reactors at the plant. Therefore, Tokyo Electric Power Company ("TEPCO") must compensate any damages if the nuclear accident is the legally sufficient cause of them. Additionally, this article argues two entities should be legally responsible for the Fukushima nuclear disaster. The Government of Japan can be liable for the nuclear damage if it failed to exercise its regulatory power over the Tokyo Electric Power Company or if its errant acts expanded the damage. General Electric, the designer of the reactors at the plant, might also be liable for the nuclear damage under U.S. law, assuming the reactors had any weaknesses in their design.
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The development of the modern law of government liability -- The constitutional and juridical basis for the South African revolutionary trend -- The constitutional cause of action -- The statutory cause of action -- Bureaucratic negligence -- Negligent performance of statutory duties -- Deliberate misconduct -- Causation, damage, and contributory fault -- Police investigative duties and public interest immunity -- Police investigative duties : the Canadian approach -- Common-law immunities -- Statutory limitations -- The common law of vicarious liability -- Scope and course of employment -- Contemporary comparative developments -- Contemporary perspectives on public law damages -- Constitutional damages -- Aggravated and examplary damages: England, Australia and New Zealand -- Punitive damages and other awards: Canada -- Delictuals damages: South Africa
In: Public management: PM, Band 64, S. 2-4
ISSN: 0033-3611
In: Lawbook Co.
In: THE 1996 WARREN M. ANDERSON LEGISLATIVE BREAKFAST SEMINAR SERIES, p. 43, Government Law Center of Albany Law School, 1996
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In St. Bernard Parish Government v. United States, Louisiana property owners argued that the U.S. government was liable under takings law for flood damage to their properties caused by Hurricane Katrina and other hurricanes. The U.S. Court of Appeals for the Federal Circuit disagreed, however, noting that the government cannot be liable on a takings theory for inaction, and that the government action was not shown to have been the cause of the flooding. On September 6, 2018, the Environmental Law Institute hosted an expert panel to explore this ruling and its potential implications for future litigation in a world of changing climate, extreme weather, and uncertain liability. Below, we present a transcript of the discussion, which has been edited for style, clarity, and space considerations.
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In: Victoria University of Wellington Legal Research Paper No. 62/2020
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Working paper