Constitutional Law——Clarifying the Standard of Qualified Immunity in an Eighth Amendment Case——Hope v. Pelzer, 536 U.S. 730 (2002)

Mar 28, 2004 | Case Comments, Number 2, Print Edition, Volume 37

Government officials may avail themselves of the qualified immunity defense in constitutional tort actions. The doctrine of qualified immunity evolved to protect the discretionary actions of government officials unless their conduct violates an individual’s “clearly...

The Practical Effects of Federal Legislation Altering and Amending the Substantive Admiralty Law of Salvage and Finds: The Portland Model

Mar 28, 2004 | Notes, Number 2, Print Edition, Volume 37

Over the past few centuries, domestic and international maritime commerce has become dependent on a set of distinct incentives to foster private efforts of research and development and to engage in vastly expensive salvage operations.  These incentives all shared the...

The Price of Thirst: The Trend Towards the Privatization of Water and Its Effect on Private Water Rights

Mar 28, 2004 | Notes, Number 2, Print Edition, Volume 37

Across the globe, from India to New York, Australia to Nigeria, people struggle to preserve and protect what little water supply they have.  The combination of droughts, floods, pollution, overuse, misappropriation, waste, and increased need make water one of the...

A Tax Teacher Tries Law and (Dramatic) Literature

Mar 28, 2004 | Lead Articles, Number 2, Print Edition, Volume 37

Thomas Bulfinch was right.  Relaxation from study can be, under the right circumstances, a form of study.  But how can one provide the right circumstances in a law school curriculum?  Law and Literature comes immediately to mind. Ideas are inherently fascinating...

Abusive Priests and the Catholic Church’’s Potential Liability

Mar 28, 2004 | Notes, Number 2, Print Edition, Volume 37

For over thirty years, not only did the Catholic Archdiocese of Boston know of priests molesting children, the Church actively sought to conceal the molestation by moving the abusive priests from parish to parish.  In one instance, the Church knew of over 130...

We, The Parents and Participant, Promise Not to Sue . . . Until There Is an Accident: The Ability of High School Students and Their Parents to Waive Liability for Participation in School-Sponsored Athletics

Mar 28, 2004 | Notes, Number 2, Print Edition, Volume 37

Across the country, parents and their children sign waivers for the children to participate in many activities, including field trips, clubs, and sports.  If a parent refuses to sign these forms, the provider often prevents the student from participating in the event...