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Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan Steinman Nov 1984

Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan Steinman

Michigan Law Review

In Part I of this Article, Chappell and Bush are analyzed against the backdrop of the preceding Bivens cases. The analysis explains how these cases presented situations that were similar to one another but unlike any the Supreme Court previously had faced in Bivens cases. It demonstrates how the Court departed from the line of analysis that its previous Bivens cases had established, in a way that makes it more difficult for at least some plaintiffs seeking vindication of their constitutional rights to succeed in having a money damage remedy implied directly under the Constitution. The Article then argues that …


Defamation—A Standard Of Review For Constitutional Facts, Susan Stevens Oct 1984

Defamation—A Standard Of Review For Constitutional Facts, Susan Stevens

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—The Commerce Clause: Allocating Provision Or Individual Right, Wylie D. Cavin Iii Oct 1984

Constitutional Law—The Commerce Clause: Allocating Provision Or Individual Right, Wylie D. Cavin Iii

University of Arkansas at Little Rock Law Review

No abstract provided.


Reputation, Compensation, And Proof, David A. Anderson Jun 1984

Reputation, Compensation, And Proof, David A. Anderson

William & Mary Law Review

No abstract provided.


Comments On Judicial Nullification Of Jury Awards In Public Official And Public Figure Libel Suits, William P. Murphy Jan 1984

Comments On Judicial Nullification Of Jury Awards In Public Official And Public Figure Libel Suits, William P. Murphy

West Virginia Law Review

No abstract provided.