Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Legal Theory BlogFrankel on Private Entity Liability Under Section 1983
By Lawrence Solum
-
This paper examines the liability rules that apply to the growing number of private entities that perform state functions and fall within the purview of Section 1983. In particular, this paper asserts that in Section 1983 cases, courts often determine the scope of private-entity liability by comparing private-entities to government actors, and that this act of comparison leads to poor results that impair victims of constitutional violations from vindicating their rights. Instead of focusing on comparison and analogy, this paper proposes that courts should recognize that private entities are their own separate category of defendants and should treat them as such. Rather than engaging in analogy, courts can utilize the huge body of law that already exists for determining the liability of private parties that commit injurious acts ? tort law.
Full post as published by Legal Theory Blog on May 26, 2010 (boomark / email).
Private Investigators and Detectives
Services Provided by Private Investigators
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
US Government
alleging land surveyors should not be allowed on private property to build a US Mexican border wall.
Utilities Whistleblower
New Jersey Board of Public Utilities agrees to $485,000 fine for setting up a private bank account.
Dog Bites
alleging liability for personal injuries caused.
Car Accidents
alleging liability for personal injuries caused by car, truck, bus, motorcycle or other vehicle accidents.
California Car Accidents
alleging liability for personal injuries caused by car, truck, bus, motorcycle or other vehicle accidents.
Washington Car Accident
alleging liability for personal injuries caused by car, truck, bus, motorcycle or other vehicle accidents in Washington state.

Section 1983 Blog: Blog Spin-off
Ashcroft v. Iqbal: Supervisory Liability Under Bivens and Section 1983
Supreme Court Accepts Another Antitrust Case: American Needle v. NFL









