Civil Rights

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Scott v. Harris and the Role of the Jury in Constitutional Litigation, ExpressO (2009)
Suits brought under 42 U.S.C. section 1983 to recover damages for excessive force by the...
 

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State-Created Property and Due Process of Law: Filling the Void Left by Engquist v. Oregon Department of Agriculture (with Alice E. Snedeker), ExpressO (2009)
Several years ago, in Village of Willowbrook v. Olech, the Supreme Court recognized a “class-of-one”...
 

Constitutional Law

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Scott v. Harris and the Role of the Jury in Constitutional Litigation, ExpressO (2009)
Suits brought under 42 U.S.C. section 1983 to recover damages for excessive force by the...
 

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State-Created Property and Due Process of Law: Filling the Void Left by Engquist v. Oregon Department of Agriculture (with Alice E. Snedeker), ExpressO (2009)
Several years ago, in Village of Willowbrook v. Olech, the Supreme Court recognized a “class-of-one”...
 

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International Norms in Constitutional Law, Georgia Journal of International and Comparative Law (2004)

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

 

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Article II and the Florida Election Case: A Public Choice Perspective (with Jeffry M. Netter), Maryland Law Review (2002)

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

 

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Section 1983, the First Amendment, and Public Employee Speech: Shaping the Right to Fit the Remedy (and Vice Versa), Georgia Law Review (2001)

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

 

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Constitutional Remedies, Section 1983 and the Common Law, Mississippi Law Journal (1998)

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

 

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Original Intent and Article III (with Edward J. Larson), Tulane Law Review (1995)
Article III of the United States Constitution sets limits on the ability of the legislature...
 

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Constitutional Torts: Combining Diverse Doctrines and Practicality (with Thomas A. Eaton), Advocate (1995)
Constitutional Torts is, in part, a response to our sense that the upper level curriculum...
 

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Is Disparity a Problem?, Georgia Law Review (1988)
Part I describes aspects of the historical and doctrinal background of judicial federalism. Part II...
 

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Substantive Due Process and the Scope of Constitutional Torts (with Thomas A. Eaton), Georgia Law Review (1984)

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

 

Constitutional Litigation

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"Sociological Legitimacy" in Supreme Court Opinions, Washington and Lee Law Review (2007)
Analysis of a Supreme Court opinion ordinarily begins from the premise that the opinion is...
 

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The Order-of-Battle in Constitutional Litigation, Southern Methodist U. Law Review (2007)
This article examines and defends a procedural rule that figures prominently in section 1983...
 

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Identifying State Actors in Constitutional Litigation: Reviving the Role of Substantive Context, Cardozo Law Review (2004)

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

 

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Corrective Justice and Constitutional Torts (with Bernard P. Dauenhauer), Georgia Law Review (2001)

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

 

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Three Arguments against Mt. Healthy: Tort Theory, Constitutional Torts, and Freedom of Speech, Mercer Law Review (2000)

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

 

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Why Professor Redish is Wrong about Abstention, Georgia Law Review (1985)

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

 

Contracts

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Book Review: Contract Law in the USSR and the United States: History and General Concept (1987), Georgia Journal of International and Comparative Law (1988)
Book review of CONTRACT LAW IN THE USSR AND THE UNITED STATES: HISTORY AND GENERAL...
 

Courts

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Naked Politics, Federal Courts Law, and the Canon of Acceptable Arguments, Emory Law Journal (1998)

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

 

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Who's Afraid of Henry Hart?, Constitutional Commentary (1997)

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

 

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Original Intent and Article III (with Edward J. Larson), Tulane Law Review (1995)
Article III of the United States Constitution sets limits on the ability of the legislature...
 

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Positivism and Antipositivism in Federal Courts Law, Georgia Law Review (1995)

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

 

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French and American Judicial Opinions, Yale Journal of International Law (1994)

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

 

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Behind the Parity Debate: The Decline of the Legal Process Tradition in the Law of Federal Courts, Boston University Law Review (1991)
Whether there is parity between federal and state courts has become a central question in...
 

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Against an Elite Federal Judiciary: Comments on the Report of the Federal Courts Study Committee, Brigham Young University Law Review (1991)

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

 

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The Impact of Substantive Interests on the Law of Federal Courts, William and Mary Law Review (1989)

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

 

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The Role of Comity in the Law of Federal Courts, North Carolina Law Review (1981)
Considerations of comity often require federal courts to defer to state courts when federal issues...
 

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Preliminary Injunctions and Abstention: Some Problems in Federalism, Cornell Law Review (1977)
Suppose a federal district court faces a challenge to state action that presents an unsettled...
 

International Law

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International Norms in Constitutional Law, Georgia Journal of International and Comparative Law (2004)

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

 

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French and American Judicial Opinions, Yale Journal of International Law (1994)

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

 

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Book Review: Contract Law in the USSR and the United States: History and General Concept (1987), Georgia Journal of International and Comparative Law (1988)
Book review of CONTRACT LAW IN THE USSR AND THE UNITED STATES: HISTORY AND GENERAL...
 

Jurisprudence

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The Order-of-Battle in Constitutional Litigation, Southern Methodist U. Law Review (2007)
This article examines and defends a procedural rule that figures prominently in section 1983...
 

Torts

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Scott v. Harris and the Role of the Jury in Constitutional Litigation, ExpressO (2009)
Suits brought under 42 U.S.C. section 1983 to recover damages for excessive force by the...
 

Torts/Personal Injury

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Georgia's New Battleground: Five Georgia Law Professors Examine the State's New Tort Legislation (with Lonnie T. Brown Jr. , Ronald L. Carlson, Thomas A. Eaton, and C. Ronald Ellington), Advocate (2005)
In February, after several years of debate, the Georgia General Assembly enacted a comprehensive set...
 

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Corrective Justice and Constitutional Torts (with Bernard P. Dauenhauer), Georgia Law Review (2001)

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

 

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Three Arguments against Mt. Healthy: Tort Theory, Constitutional Torts, and Freedom of Speech, Mercer Law Review (2000)

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

 

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Constitutional Torts: Combining Diverse Doctrines and Practicality (with Thomas A. Eaton), Advocate (1995)
Constitutional Torts is, in part, a response to our sense that the upper level curriculum...
 

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Scientific Policymaking and the Torts Revolution: The Revenge of the Ordinary Observer, Georgia Law Review (1992)
My argument will make heavy use of a distinction, introduced by Professor Bruce Ackerman, between...
 

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Substantive Due Process and the Scope of Constitutional Torts (with Thomas A. Eaton), Georgia Law Review (1984)

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