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The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
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In this article, I address the historical and doctrinal development of § 1983 local government liability, beginning with Monroe v. Pape in 1961 and culminating in the Supreme Court’s controversial 2011 failure to train decision in Connick v. Thompson. Connick has made it exceptionally difficult for § 1983 plaintiffs to prevail against local governments in failure to train cases. In the course of my analysis, I also consider the oral argument and opinions in Connick as well as various aspects of § 1983 doctrine. I ultimately situate Connick in the Court’s federalism jurisprudence which doubles back to Justice Frankfurter’s view …
State Extraterritorial Powers Reconsidered, Mark D. Rosen
State Extraterritorial Powers Reconsidered, Mark D. Rosen
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No abstract provided.
Judging Judging: The Problem Of Second-Guessing State Judges' Interpretation Of State Law In Bush V. Gore, Harold J. Krent
Judging Judging: The Problem Of Second-Guessing State Judges' Interpretation Of State Law In Bush V. Gore, Harold J. Krent
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No abstract provided.
Turning Congress Into An Agency: The Propriety Of Requiring Legislative Findings, Harold J. Krent
Turning Congress Into An Agency: The Propriety Of Requiring Legislative Findings, Harold J. Krent
All Faculty Scholarship
No abstract provided.