Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Article Draft

Publication Date





This Article will analyze the course to which Rehnquist seems to have committed the court, and examine its implications. Rehnquist starts with a notion of deliberateness (a federal concept that he draws out of the notion of deprivation) On its face, this seems to call for a new federal common law of torts.

Included in

Torts Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.