An Economic Analysis of the Choice between Enterprise and Personal Liability for Accidents

Abstract

In the past decade the Supreme Court has dramatically recast the legal rules governing the liability of government officials (federal, state and local) and of municipalities for injuries caused by their official actions.For instance, in Bivens v. Six Unknown Named Agents of the Fed.Bureau of Narcotics, 403 U.S. 388 (1971), the Court held that unwarranted and unreasonable searches and seizures gave rise, under the fourth amendment, to a cause of action against the offending federal officials.Since 1971, the reach of constitutional tort law has expanded to include state and local officials as well as federal and to encompass breaches of various other clauses of the Constitution.E.g., Carlson v. Green, 446 U.S. 14 (1980) (eighth amendment).The Court's abrogation of longstanding rules 9f immunity from suit of municipalities and of officials, both federal and local, further extended liability.Monell v. Dep't of Social Services, 436 U.

Cite this work

No public copy is stored for this record, so only the metadata is cited.

Stored only when both papers are in the corpus — 196 citations exist upstream.