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Mireles V. Waco: The Supreme Court Prescribes The Bitter Pill Of Judicial Immunity And Summary Reversal, Linwood I. Rogers
Mireles V. Waco: The Supreme Court Prescribes The Bitter Pill Of Judicial Immunity And Summary Reversal, Linwood I. Rogers
University of Richmond Law Review
This language opened Justice Douglas' stinging dissent in the 1967 United States Supreme Court decision of Pierson v. Ray, holding that section 1983 of the Civil Rights Act did not abolish the common law doctrine of judicial immunity. Eleven years later, the Court expanded and redefined the scope of the doctrine of judicial immunity in Stump v. Sparkman. The Stump Court attached immunity to actions of a judicial nature taken by a judge in his judicial capacity where such actions were not taken in the clear absence of all jurisdiction. But rather than clarifying the doctrine of judicial immunity, the …
The Supreme Court As A Political Institution, Benjamin L. Hooks
The Supreme Court As A Political Institution, Benjamin L. Hooks
University of Richmond Law Review
The august Supreme Court of the United States is a political institution and has been virtually from the beginning. That today's Court finds itself at the center of intense ideological and political debate should surprise few serious students of American political and constitutional history.