21,135 research outputs found

    Aquaculture Act, 2001, No. 66

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    Affirmative Duties, Systemic Harms, and the Due Process Clause

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    Part I of the article lays out the major academic criticisms of DeShaney v. Winnebago County Department of Social Services. Part II describes the contours of liability for failure to protect in tort. Part III offers a positive explanation for the strong presumption against governmental liability in failure-to-protect cases: permitting broad liability for failure to protect would involve the courts in second-guessing political decisions about the use of limited community resources. This explanation has two parts. First, as a matter of institutional competence, budgetary decisions about the appropriate level and distribution of public services are better suited to political rather than judicial resolution. Second, failure-to-protect claims are more likely to involve the courts in budgetary review than other kinds of claims against the government. One may question exactly where the line between political and judicial action ought to be, but the notion that there is a line somewhere and that judges are seeking to draw such a line in these cases resonates in many areas of the law. Part IV demonstrates that the resource-allocation rationale has significant explanatory power in constitutional failure-to-protect cases. To the extent these considerations are a significant part of what is driving the results in failure to protect cases, they have not been addressed adequately by DeShaney\u27s critics

    Fault tolerant architectures for integrated aircraft electronics systems

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    Work into possible architectures for future flight control computer systems is described. Ada for Fault-Tolerant Systems, the NETS Network Error-Tolerant System architecture, and voting in asynchronous systems are covered

    Comparative Approaches to Liability for Medical Maloccurrences

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    The Role of State Law in an Era of Federal Preemption: Lessons from Environmental Regulation

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    Using environmental regulation as an example, Dwyer discusses the role of state law in an era ruled by federal preemption. The present hybrid system of national standards and state implementation and enforcement may be a reasonable accomodation of both state and national interests

    OUT OF THE FRYING PAN INTO THE FIRE: HEIGHTENED DISCRIMINATION & REDUCED LEGAL SAFEGUARDS WHEN PANDEMIC STRIKES

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