TITLE

DAMAGES UNDER THE PRIVACY ACT: SOVEREIGN IMMUNITY AND A CALL FOR LEGISLATIVE REFORM

AUTHOR(S)
KARDON, ALEX
PUB. DATE
March 2011
SOURCE
Harvard Journal of Law & Public Policy;Spring2011, Vol. 34 Issue 2, p705
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses the damages provision under the U.S. Privacy Act and the different approaches the Court has taken to using the narrow construction canon to the sovereign immunity context for its decisions. It explores the relationship between canons of construction and stare decisis. It examines the disparate but reasonable approaches the district court and Ninth Circuit applied in their opinions in Cooper v. Federal Aviation Administration. It presents other cases to exemplify the scope of the damage provision and calls for legislative reform.
ACCESSION #
61153442

 

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