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Defining Instrumentalities Of Deadly Force, Tim Longo Oct 2011

Defining Instrumentalities Of Deadly Force, Tim Longo

Touro Law Review

No abstract provided.


Qualified Immunity: Further Developments In The Post-Pearson Era, Karen M. Blum Oct 2011

Qualified Immunity: Further Developments In The Post-Pearson Era, Karen M. Blum

Touro Law Review

No abstract provided.


Twombly And Iqbal: The Introduction Of A Heightened Pleading Standard, Shira A. Sheindlin Honorable Oct 2011

Twombly And Iqbal: The Introduction Of A Heightened Pleading Standard, Shira A. Sheindlin Honorable

Touro Law Review

No abstract provided.


Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt Honorable Oct 2011

Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt Honorable

Touro Law Review

No abstract provided.


When A Door Closes, A Window Opens: Using Preemption To Challenge State Medicaid Cutbacks, Martina Brendel Apr 2011

When A Door Closes, A Window Opens: Using Preemption To Challenge State Medicaid Cutbacks, Martina Brendel

Chicago-Kent Law Review

Following the Supreme Court's 2002 decision in Gonzaga University v. Doe, several circuit courts of appeal have disallowed enforcement of key Medicaid provisions under § 1983. Notably, courts have placed no similar restrictions on the enforceability of these provisions under the Supremacy Clause. This article discusses Lankford v. Sherman and Independent Living Center v. Shewry, two recent appellate decisions in which plaintiffs succeeded in preventing Medicaid cuts under a preemption theory. It then addresses the limits of the Supremacy Clause, which applies to a narrower range of state action than § 1983. It argues that Medicaid reimbursement rates are "laws" …