A contracts take on Landor: In short, if Spending Clause enactments give rise to only contractual obligations, then they come with a duty of good faith and fair dealing. States violate that duty through not training or overseeing agents.
#law #contracts #SCOTUS #Landor #ConstitutionalLaw
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There Ought To Be a Law . . . Review Article About Landor | ContractsProf Blog
I write about the intersection of contracts law and constitutional law. It is no surprise that I was drawn to Justice Gorsuch’s theory (which foundJeremy Telman (ContractsProf Blog)
volkris
in reply to KProfsBlog • • •"Ultimately though, exposing the state to liability incentivizes states to properly train their agents and to bind them contractually"
Well right, that's how I read the SCOTUS decision!
The state, not the agents, are exposed to liability, incentivizing them to reign in their agents.
But that's what the Court said: take it up with the state.