Qualified immunity as a defense to Federal Wiretap Act claims
Article Abstract:
The federal wiretapping statute provided for a good faith defense in civil proceedings against government officers who violated the law. Subsequent court decisions have separated this defense from a qualified immunity defense. The author concludes that, because the statute contains its own defense, qualified immunity should not be available as a defense in federal wiretapping statute civil cases.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 2001
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Why federal courts should be required to consider state sovereign immunity sua sponte
Article Abstract:
States are protected from being sued in federal courts by the 11th Amendment, but when a state loses a case in federal court after requesting the case be heard there, the state should be required to waive its 11th Amendment immunity. The requiring of this waiver to balance state immunity and responsibility is examined.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1999
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The justiciability of municipal preemption challenges to state law
Article Abstract:
The author discusses the issue of municipal governments' standing to sue their state governments in federal courts with federal law claims which they argue preempt state law. Legal, political, and practical factors are analyzed.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 2000
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- Abstracts: Application of the bespeaks caution doctrine to federal securities fraud claims. Regulation of security analysts
- Abstracts: Limited preemption of UCC warranty claims by federal statutes. SS. 2-314, 2-725 merchantability warranty - sale of food or drink for consumption on the premises or elsewhere - UCC statute of limitations applicable
- Abstracts: Driven to defection; fed up with insurers' auditors, defense lawyers go to work for plaintiffs. Five more leave Graham & James; the group defection follows a year of declining profits and the departures of other key partners
- Abstracts: QTIP's tax benefits increased by sale of remainder interest. Revisiting purchases of remainder interests in QTIP trusts
- Abstracts: Subordination, nondisturbance and attornment agreements - known as SDNAs - protect tenants, landlords and lenders in the event of foreclosure