Civil Rights
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Suits brought under 42 U.S.C. section 1983 to recover damages for excessive force by the...
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Several years ago, in Village of Willowbrook v. Olech, the Supreme Court recognized a “class-of-one”...
Constitutional Law
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Suits brought under 42 U.S.C. section 1983 to recover damages for excessive force by the...
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Several years ago, in Village of Willowbrook v. Olech, the Supreme Court recognized a “class-of-one”...
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Whether the Supreme Court should look to international law in deciding constitutional issue depends largely...
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This Article puts aside the equal protection rationale on which the majority relied in Bush...
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This Article is not about theories of free speech and how they bear on the...
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Constitutional tort law marries the substantive rights granted by the Constitution to the remedial mechanism...
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Article III of the United States Constitution sets limits on the ability of the legislature...
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Constitutional Torts is, in part, a response to our sense that the upper level curriculum...
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Part I describes aspects of the historical and doctrinal background of judicial federalism. Part II...
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The thesis of this Article is that both the Supreme Court and its critics have...
Constitutional Litigation
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Analysis of a Supreme Court opinion ordinarily begins from the premise that the opinion is...
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This article examines and defends a procedural rule that figures prominently in section 1983...
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While most section 1983 suits are brought against local governments and officials, an increasing number...
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Tort liability in the private realm may be understood as "an instrument aimed...at deterrence...[and] a...
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Mt. Healthy City School District Board of Education v. Doyle is among the most important,...
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Most critics of the Supreme Court's abstention doctrines have attacked the substantive merits of rules...
Contracts
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Book review of CONTRACT LAW IN THE USSR AND THE UNITED STATES: HISTORY AND GENERAL...
Courts
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In this Article, I argue that there is a wide gap between the aspirations and...
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No law book has enjoyed greater acclaim from distinguished commentators over a sustained period than...
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Article III of the United States Constitution sets limits on the ability of the legislature...
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What is the proper role of rules in federal courts law? Some scholars associated with...
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In this Article, I examine the foundations of American judicial form, in particular the proposition...
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Whether there is parity between federal and state courts has become a central question in...
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No doubt some reform of the federal courts is essential if they are to cope...
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The thesis of this Article is that substantive factors exert a powerful and often unrecognized...
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Considerations of comity often require federal courts to defer to state courts when federal issues...
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Suppose a federal district court faces a challenge to state action that presents an unsettled...
International Law
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Whether the Supreme Court should look to international law in deciding constitutional issue depends largely...
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In this Article, I examine the foundations of American judicial form, in particular the proposition...
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Book review of CONTRACT LAW IN THE USSR AND THE UNITED STATES: HISTORY AND GENERAL...
Jurisprudence
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This article examines and defends a procedural rule that figures prominently in section 1983...
Torts
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Suits brought under 42 U.S.C. section 1983 to recover damages for excessive force by the...
Torts/Personal Injury
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In February, after several years of debate, the Georgia General Assembly enacted a comprehensive set...
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Tort liability in the private realm may be understood as "an instrument aimed...at deterrence...[and] a...
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Mt. Healthy City School District Board of Education v. Doyle is among the most important,...
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Constitutional Torts is, in part, a response to our sense that the upper level curriculum...
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My argument will make heavy use of a distinction, introduced by Professor Bruce Ackerman, between...
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The thesis of this Article is that both the Supreme Court and its critics have...