Analysis of a Supreme Court opinion ordinarily begins from the premise that the opinion is...

This article examines and defends a procedural rule that figures prominently in section 1983 litigation,...

While most section 1983 suits are brought against local governments and officials, an increasing number...

Whether the Supreme Court should look to international law in deciding constitutional issue depends largely...

This Article puts aside the equal protection rationale on which the majority relied in Bush...

Few Supreme Court decisions provoke the immediate and intensely negative verdict that law professors passed...

Tort liability in the private realm may be understood as "an instrument aimed...at deterrence...[and] a...

This Article is not about theories of free speech and how they bear on the...

In Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, decided during the Supreme...

Mt. Healthy City School District Board of Education v. Doyle is among the most important,...

Constitutional tort law marries the substantive rights granted by the Constitution to the remedial mechanism...

Part I of this Article addresses relief available to intellectual property owners under the Takings...

In this Article, I argue that there is a wide gap between the aspirations and...

No law book has enjoyed greater acclaim from distinguished commentators over a sustained period than...

Government officers may harm persons in many ways. When an official inflicts a physical injury,...

Critics complain that punitive damages often serve no good purpose. Whatever the merit of this...

Article III of the United States Constitution sets limits on the ability of the legislature...

What is the proper role of rules in federal courts law? Some scholars associated with...

Federal Courts law was once a vibrant area of scholarship and an essential course for...

In this Article, I examine the foundations of American judicial form, in particular the proposition...

My argument will make heavy use of a distinction, introduced by Professor Bruce Ackerman, between...

Whether there is parity between federal and state courts has become a central question in...

No doubt some reform of the federal courts is essential if they are to cope...

Article III presents a conundrum for scholars seeking a coherent explanation of the federal courts'...

Part I of this Article asserts that the Supreme Court pays little attention to precedent...

Richard Fallon's recent article, "The Ideologies of Federal Courts Law," [74 Va. L. Rev. 1141...

The thesis of this Article is that substantive factors exert a powerful and often unrecognized...

Book review of CONTRACT LAW IN THE USSR AND THE UNITED STATES: HISTORY AND GENERAL...

Part I describes aspects of the historical and doctrinal background of judicial federalism. Part II...

The cause of action for damages to redress violations of constitutional rights is now firmly...

Most critics of the Supreme Court's abstention doctrines have attacked the substantive merits of rules...

The thesis of this Article is that both the Supreme Court and its critics have...

The Constitution ordinarily places only negative restrictions on government and does not require affirmative acts...

Considerations of comity often require federal courts to defer to state courts when federal issues...

The governmental-proprietary distinction has led a stormy life. Courts have characterized it as “illusory,” a...

Discussion concerning the proper scope of federal habeas corpus for state prisoners usually focuses upon...

Suppose a federal district court faces a challenge to state action that presents an unsettled...

In February, after several years of debate, the Georgia General Assembly enacted a comprehensive set...

Constitutional Torts is, in part, a response to our sense that the upper level curriculum...

Several years ago, in Village of Willowbrook v. Olech, the Supreme Court recognized a “class-of-one”...

Suits brought under 42 U.S.C. section 1983 to recover damages for excessive force by the...