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Majority in heckler but dissented deshaney

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Reference no: EM131566539

Not only do the recent government tort liability cases signal a movement back to the narrow view of governmental liability under the FTCA ( as stated in Dalehite), but the supreme court's refusal to hold officials liable for infractions also leads to a narrow interpretation state of power. How accureate do you find Chief Justice Rehnquist's view of state power in the deShaney case? Compare his prescriptive on the state's obligation, subsequent to the provisions of services with Justice Brennan's dissent in that case. In what sense is the majority opnion in the deShaney case similar to the court's unanimous opnion in Heckler v. Chaney, 1985 (p. 341) Why do you think Justice Brennan, Marshall and Blackmun concurred with the majority in Heckler but dissented deShaney?

Reference no: EM131566539

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