Journal article
Regulating Privatized Government through § 1983
The University of Chicago law review, Vol.76(4), pp.1449-1516
01 Oct 2009
Featured in Collection : UN Sustainable Development Goals @ Drexel
Abstract
As governments increasingly delegate traditional public functions to private, for-profit entities, the federal civil rights statute, 42 USC Section 1983, has the potential to play an important role in encouraging private entities to respect constitutional rights when they take on public duties. That potential is undermined, however, by the prevailing view that private entities subject to Section 1983 should be exempt from the traditional tort principle of respondeat superior liability simply because the Supreme Court already has held that municipal entities are exempt. Exempting private entities carries significant implications, not only because of the growing privatization of government functions, but also because respondeat superior liability often is critical for fulfilling tort law objectives of deterrence and compensation. This article examines differences regarding how private entities and governmental entities behave and contends that those differences justify imposing respondeat superior liability on private Section 1983 defendants even if public S 1983 defendants remain exempt.
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Details
- Title
- Regulating Privatized Government through § 1983
- Creators
- Richard Frankel
- Publication Details
- The University of Chicago law review, Vol.76(4), pp.1449-1516
- Publisher
- University of Chicago, acting on behalf of the University of Chicago Law Review
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Identifiers
- 991019170452004721
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