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Section 1983: Absolute Immunity For Pretrial Police Testimony, Jack Kaufman
Section 1983: Absolute Immunity For Pretrial Police Testimony, Jack Kaufman
Fordham Urban Law Journal
This Note discusses the development of the Supreme Court's approach to section 1983 immunity for trial witnesses. Central to this discussion is an overview of the history of common-law immunities for government officials, the history and purpose of section 1983, and the history of the Supreme Court's section 1983 immunity decisions. The author discusses the current disagreement in the circuits over extending section 1983 immunity to pretrial police testimony. The author also analyzes various possible answers to the question of whether to extend witness immunity under section 1983 to specific pretrial proceedings by applying the current Supreme Court "functional categories" …
Nonsolicitation And Cease And Desist Orders Against Real Estate Brokers In New York, Aba Heiman
Nonsolicitation And Cease And Desist Orders Against Real Estate Brokers In New York, Aba Heiman
Fordham Urban Law Journal
This Article will trace the origin, growth and enforcement of nonsolicitation and cease and desist orders. Part II outlines the federal framework for dealing with discriminatory practices by real estate brokers. Section A focuses on "steering" the target of cease and desist orders-and illustrates the dilemma of both the victims and the brokers. Section B details blockbusting-the target of nonsolicitation orders. In discussing its genesis, financial operation, and sociological implications, this section also considers whether solicitation by brokers constitutes "commercial speech" protected by the first amendment. Section C briefly explores the effectiveness of section 1982 of the Civil Rights Act …