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Reviews in Review
By Ellen S. Podgor
Reviews in Review columns.
Rights and Remedies
David Rudovsky, Running in Place: The Paradox of Expanding Rights and Restricted Remedies, 2005 University of Illinois Law Review 1199 (2005):
Professor David Rudovsky presents a thoughtful article that examines the effect of expanding rights but having more limited remedies. He sets forth three criteria that are necessary for “a fair remedial structure,” that being “(1) effective deterrence of governmental misconduct, (2) compensation to individuals for violations of their constitutional or statutory rights, and (3) enforcement mechanisms that ensure compliance with constitutional and statutory norms.”
In examining the existing remedies provided by courts he notes some of the remedial limitations that are used today. For example, he discusses how “absolute immunity from suit for judges and prosecutors” can create “an environment of impunity.”
Professor Rudovsky argues that remedial measures should not be limited to the most “egregious cases.” He has a section on “h
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