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Transcript: Responses To The Debate On Whether Congress Must End The Disenfranchisement Of The District Of Columbia , American University Law Review
Transcript: Responses To The Debate On Whether Congress Must End The Disenfranchisement Of The District Of Columbia , American University Law Review
American University Law Review
No abstract provided.
Transcript: Must Congress End The Disenfranchisement Of The District Of Columbia? A Constitutional Debate , American University Law Review
Transcript: Must Congress End The Disenfranchisement Of The District Of Columbia? A Constitutional Debate , American University Law Review
American University Law Review
No abstract provided.
Supervisory Liability In Section 1983 Cases, Kit Kinports
Supervisory Liability In Section 1983 Cases, Kit Kinports
Journal Articles
The topic of this presentation is supervisory liability in Section 1983 cases. Assume for present purposes that a plaintiff's constitutional rights have been violated - that some state official has acted in violation of the Constitution. The question to be addressed here is whether that state official's supervisors can be held liable for damages stemming from the constitutional violation.
Balancing Efficiency And Justice: In Support Of The Equal Employment Opportunity Commission's Policy Statement Regarding Mandatory Arbitration And Employment Contracts , Gina K. Janeiro
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Mirabile Dictum! The Case For 'Unnecessary' Constitutional Rulings In Civil Rights Damages Actions, John M. Greabe
Mirabile Dictum! The Case For 'Unnecessary' Constitutional Rulings In Civil Rights Damages Actions, John M. Greabe
Law Faculty Scholarship
This article contends that, for purposes of settling the law, courts entertaining civil rights lawsuits doomed to fail on grounds of qualified immunity should presumably address the question whether the complaint pleads a viable claim that the defendant caused a violation of the plaintiff's federal rights. The article also contends that such "unnecessary" threshold rulings are not dicta.
Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod
Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod
Seattle University Law Review
Over thirty years ago, Marshall Shapo coined the term "constitutional tort" to denote a suit brought against an official, charging a constitutional violation and seeking damages.' In the years since Shapo's pathbreaking article, the number of such suits has grown exponentially.' The suits have generated a host of new substantive and remedial issues, yet conventional casebooks on constitutional law and federal courts give little attention to the area. That Professor Shapiro had four books to include in his review of “Civil Rights” casebooks in the Seattle University Law Review is some indication of a demand for teaching materials currently unmet …
53 Years In The Struggle For Equal Rights: An African-American Jurist's Life In The Law (Equal Justice Under The Law: An Autobiography By Constance Baker Motley), Lancelot B. Hewitt
53 Years In The Struggle For Equal Rights: An African-American Jurist's Life In The Law (Equal Justice Under The Law: An Autobiography By Constance Baker Motley), Lancelot B. Hewitt
Touro Law Review
No abstract provided.
Hanging With The Wrong Crowd: Of Gangs, Terrorists, And The Right Of Association, David Cole
Hanging With The Wrong Crowd: Of Gangs, Terrorists, And The Right Of Association, David Cole
Georgetown Law Faculty Publications and Other Works
Part I will sketch the current contours of the right of association, a right limited to "expressive" and "intimate" association, and will describe the government's attempts to extend this categorical approach by limiting associational protection still further to membership per se. Part II will argue that the Court's limitation of associational rights to expressive and intimate associations and the government's attempt to distinguish association from conduct are unworkable, inconsistent with the Court's own precedents, and fail to reflect the normative reasons for protecting the right of association. Part III will offer an alternative framework for addressing the right of association, …
The Political Economy Of Recognition: Affirmative Action Discourse And Constitutional Equality In Germany And The U.S.A., Kendall Thomas
The Political Economy Of Recognition: Affirmative Action Discourse And Constitutional Equality In Germany And The U.S.A., Kendall Thomas
Faculty Scholarship
This paper undertakes a comparative exploration of affirmative action discourse in German and American constitutional equality law. The first task for such a project is to acknowledge an important threshold dilemma. The difficulty in question derives not so much from dissimilarities between the technical legal structures of German and American affirmative action policy. The problem stems rather from the different social grounds and groupings on which those legal structures have been erected. Because German "positive action"' applies only to women, gender and its cultural meanings have constituted the paradigmatic subject of the policy. The legal discussion of positive action has …