Dillon's Rule Under the Burger Court: The Municipal Liability Cases

Under the Burger Court, the constitutional relationship betweenstates and their municipalities has been examined primarilyin cases involving private suits initiated against municipalitiesunder federal antitrust and civil rights statutes. Since theCourt's 1943 Parker v. Brown decision, it had been presumedthat municipalities as political subdivisions of states wereas immune as their states from tort liability under the ShermanAntitrust Act. The Burger Court, however, ruled that municipalitiesare not automatically immunized from tort liability simply becauseof their status as political subdivisions unless they can demonstratethat their actions were undertaken pursuant to an expressedstate policy. After 1980, the Court continued to uphold thevulnerability of municipalities to private suits authorizedby federal statutes, but moved to narrow the types of remedyappropriate under common law. The Burger Court did not, therefore,address the more fundamental question of whether municipalitiesas public actors should be liable to private damages in thecourse of their public functions.     

The worthy and unworthy homeless

He has written thirteen books, including: The State of the Masses,with Richard Hamilton; Under the Gun,with Peter Rossi and Kathleen Daly; and, most recently, Homelessness and Health,with Dee Weber.     

Reviews

AIDS in Africa: The Social and Policy Impact edited by Norman Miller and Richard C. Rockwell Edwin Mellen Press, Lewiston (New York) and Queenston (Ontario), 1988. xxxi plus 336 pp. including map, tables, figures, notes, appendices and selected bibliographies. $110,00.

The Politics of Africa's Economic Stagnation by Richard Sandbrook Cambridge University Press, Cambridge, 1985. xiii plus 180 pp. including map, tables, notes and index. R.25,50 paperback.

Imperialism and Dependency: Obstacles to African Development by Daniel A. Offiong Howard University Press, Washington, DC, 1982. 304 pp. including tables, bibliography and index. $6,95 paperback.

Early Field Recordings: A Catalogue of Cylinder Collections at the Indiana University Archives of Traditional Music edited by Anthony Seeger and Louise S. Spear Indiana University Press, Bloomington, 1987. xviii plus 198 pp. $22,50.

Western Sahara: The Roots of a Desert War by Tony Hodges Lawrence Hill and Co., Westport (Connecticut), 1983. xii plus 388 pp. including maps, illustrations, tables, notes, appendix, bibliography and index. £6,95 paperback.

Somalia: Nation in Search of a State by David D. Laitin and Said S. Samatar Westview Press, Boulder (Colorado), and Gower, London, 1987. xvii plus 198 pp. including maps, illustrations, figures, tables, notes and index. $28,00.

Superpower Diplomacy in the Horn of Africa by Samuel M. Makinda Croom Helm, London and Sydney, 1987. 242 pp. including notes, appendices, select bibliography and index. £22,50.

Industrialization in West Africa by J.O.C. Onyemelukwe Croom Helm, London, 1984. v plus 226 pp. including tables, figures, bibliography and index. £17,95.

Modern Kongo Prophets: Religion in a Plural Society by Wyatt MacGaffey Indiana University Press, Bloomington, 1983. xiii plus 285 pp. including tables, figures, illustrations, notes, references and index. $12,00 paperback.

Naissance du Mozambique: Résistance et Révoltes Anticoloniales, 1854–1918 (Two Volumes) by René Pélissier Editions Pélissier, Orgeval (France), 1984. 833 pp. including maps, tables, notes, bibliography and index. $45,00 paperback.

The Political Economy of Namibia: An Annotated, Critical Bibliography by Tore LinnÉ Eriksen with Richard Moorsom Scandinavian Institute of African Studies, Uppsala, 1985. 423 pp. including map and authors’ index. SEK 110.

The Bureaucratic Struggle for Control of US Foreign Aid: Diplomacy versus Development in Southern Africa by Caleb Rossiter Bowker Publishing Co., Epping (England), and Westview Press, Boulder (Colorado), 1985. xiii plus 250 pp. including figures, tables, notes, bibliography and index. $25,50 paperback.

The Politics of Economic Power in Southern Africa by Ronald T. Libby Princeton University Press, Princeton (New Jersey), 1987. xxiii plus 361 pp. including maps, tables, bibliography and index. $45,00. $14,50 paperback.

South Africa in Crisis edited by Jesmond Blumenfeld Croom Helm, London, 1987. x plus 207 pp. including tables, notes and index. £19,95.

Pass Controls and the Urban African Proletariat in South Africa By Doug Hindson Ravan Press, Johannesburg, 1987. xii plus 121 pp. including notes, bibliography and index. R 14,00 paperback.

Hidden Struggles in Rural South Africa: Politics and Popular Movements in the Transkei and Eastern Cape, 1890–1930 by William Beinart and Colin Bundy Ravan Press, Johannesburg, 1987. xxvi plus 326 pp. including illustrations, maps, notes and index. R24,00 paperback.     

The relative importance of identity status interview components

Eighty college males were given an expanded identity status interview which included two new interpersonal-sexual areas, “attitudes towards sexual expression” and “sex-role beliefs.” The relative contribution of the new content areas as well as of the standard three areas (occupation, religion, and politics) to overall identity status was assessed by noting the extent of correspondence. Identity status in each content area was also compared with performance on the dependent variable of cognitive complexity. Ideology contributed more than occupation both to overall status rating, as well as to discrimination on the dependent variable. Results on the two new areas supported the view that interpersonal-sexual concerns are important for men's identity development as well as for women's. The finding that all interview areas corresponded well with overall identity status and discriminated significantly on the dependent measure leads to the suggestion that the process variables of crisis and commitment may so overshadow a particular content area that any content of personal relevance for the late adolescent might be used in investigating ego identity development.     

Is organ procurement causing the death of patients?

This article offers a philosophical foundation for the Uniform Determination of Death Act as it first examines death per se, and then examines brain death and the non-heart beating donor criteria for determining death. The author suggests that many of the debates over death can be bypassed by changing the terms of the debate: what matters is not whether death is a process or an event, but death as a state. Understanding death as a state allows us to determine death in a functional manner that is compatible with the needs of law and medicine. The second part examines objections that arise from ignoring or rejecting the distinction between killing and letting die and the principle of double effect. By clarifying the lines between life and death, on the one hand, and between intentionally killing and unintentionally hastening death, on the other, the author hopes to restore a sense that the proposals to drop the dead donor rule are radical recommendations to cross lines we have never crossed before.     

The Downstream Benefits of Experimentation

The debate about the cost-effectiveness of randomized fieldexperimentation ignores one of the most important potentialuses of experimental data. This article defines and illustrates"downstream" experimental analysis—that is, analysis ofthe indirect effects of experimental interventions. We arguethat downstream analysis may be as valuable as conventionalanalysis, perhaps even more so in the case of laboratory experimentation.     

Driver and front seat passenger fatalities associated with air bag deployment. Part 2: A review of injury patterns and investigative issues

Assessment of the role of air bag deployment in injury causation in a crash of any severity requires analysis of occupant, vehicle, and impact data. The potential injurious role of an air bag is independent of crash severity and is more obvious in minor collisions, particularly those involving "out-of-position" occupants. Factors such as occupant height and other constitutional and medical factors, intoxication, age, type, and proper use of other restraint systems, pre-impact braking and multiple impacts can contribute to an occupant being "out-of-position." Two injury mechanisms are described in out-of-position occupants: "punch-out" when the individual covers the air bag module before deployment and "membrane-force" when the occupant contacts a partly deployed air bag. Each mechanism is associated with injury patterns. In adults, "punch-out" can cause thoraco-abdominal trauma and "membrane-force" loading can lead to craniocervical injury. This can also occur in short-statured occupants including children subjected to both types of loading. In more severe collisions, other factors, e.g., intrusion, steering column and seatbelt loading and other occupant compartment contacts, can contribute to trauma.     

Raising the "civilized minimum" of pain amelioration for prisoners to avoid cruel and unusual punishment

This Article addresses the problems with our nation's cultural and legal prohibitions against certain pain management treatments. The practice of pain management has not kept pace with the many medical advances that have made it possible for physicians to ameliorate most pain. The Author notes that some patients are denied access to certain forms of treatments due to the mistaken belief that addiction may ensue. Additionally, some individuals are under-treated for their pain to a greater degree than are others. This is especially the case for our nation's prisoners. The Author contends that prisoners are frequently denied effective pain amelioration. He notes, however, that there has been improvement in medical treatment in general for prisoners due to court challenges based on the Eighth Amendment's prohibition against cruel and unusual punishment. Yet, due to the protection of qualified immunity given to jailers and prison health care providers, prisoners cannot bring a claim for negligence or medical malpractice, they must allege a violation of their constitutional rights, a significantly higher legal standard. Prisoners must meet a subjective test showing that there was a deliberate indifference to their medical needs that violates the protection of the Eighth Amendment. The Author concludes that because medical advances have made it possible to alleviate most pain suffering, withholding pain treatment or providing a less effective treatment is tantamount to inflicting pain and should be viewed as a violation of the Eighth Amendment.