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- Title
THE INCONSISTENCIES OF THE STATE-CREATED DANGER DOCTRINE: WHAT ARE THEY AND HOW DO WE FIX THEM?
- Authors
Wickert, Skyler
- Abstract
The article analyzes the inconsistencies of the state-created danger doctrine. Topics discussed include differing tests among U.S. circuit courts that create vagueness and difficulty in the applicability and success of the doctrine, elements of the doctrine that show confusion and lack of explanation such as conscience shocking, affirmative action requirement, standard of who can be a plaintiff, and the need for the U.S. Supreme Court to create a uniform test for the doctrine.
- Subjects
STATE-created danger doctrine; DANGER (Law); CIRCUIT courts; CONSCIENCE; AFFIRMATIVE defenses; PLAINTIFFS; UNITED States. Supreme Court
- Publication
University of Toledo Law Review, 2023, Vol 55, Issue 1, p131
- ISSN
0042-0190
- Publication type
Article