Continental Parlor 8 Hilton San Francisco and Towers Ballroom Level
Section on Civil Rights Thomas A. Eaton, University of Georgia, Chair
Constitutional Torts: Deterrence and Corrective Justice
Moderator:
Thomas A. Eaton, University of Georgia
Speakers:
Myriam Elizabeth Gilles, Yeshiva University Daryl J. Levinson, University of Virginia Brian James Serr, Baylor University Michael Lewis Wells, University of Georgia
The Supreme Court has often stated that the primary purposes of Section 1983 are to vindicate constitutional rights and deter constitutional violations. Recent academic literature has questioned whether suits against government and government officials for violations of constitutional rights actually deters wrongdoing or achieves corrective justice. This program will begin with a summary of the argument that constitutional tort litigation may not deter or achieve corrective justice as commonly assumed. Subsequent speakers will offer their comments on this controversial thesis.