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Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent. The sine qua non is incompatibility between Section 1983 enforcement and any enforcement scheme in the statute. First, FNHRA “unambiguously” confers individual federal rights.
And that has implications for tortlaw, contractlaw, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems. John Kerry, then U.S.
If, however, the choice of law is the result of an artificial “black box” decision, tricky problems arise: The attribution to the persons behind the machines might reach its limit, for such artificial decisions can neither be predicted nor explained causally in retrospect. This problem can be solved in different ways by the substantive law.
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