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Articles 1 - 4 of 4
Full-Text Articles in Law
The Foundations Of Section 1983 Jurisprudence: A Look From The Concept Of Law, Timothy I. Oppelt
The Foundations Of Section 1983 Jurisprudence: A Look From The Concept Of Law, Timothy I. Oppelt
Florida A & M University Law Review
This article uses the theories of H.L.A. Hart to provide an interpretive framework for a vital civil rights statute, 42 U.S.C. Sec. 1983. Any interpretation of Sec. 1983 requires some sense of the fundamental nature of law and the ability to identify legal rules. Specifically, this article examines the "under color of" language of Sec. 1983 and the statute's application to municipalities. It is possible that these areas remain partially in flux or undeveloped because the Court lacks an interpretation of the statute that accounts for how rules can confer power, create artificial persons, delegate the ability to act with …
Immunity From The Focused Attention Of Others: A Conceptual And Normative Model Of Personal And Legal Privacy, Jeffrey L. Johnson
Immunity From The Focused Attention Of Others: A Conceptual And Normative Model Of Personal And Legal Privacy, Jeffrey L. Johnson
Florida A & M University Law Review
No abstract provided.
In Defense Of The Roosevelt Court, Wilson Ray Huhn
In Defense Of The Roosevelt Court, Wilson Ray Huhn
Florida A & M University Law Review
The overriding purpose of the New Deal was to create opportunities for the common person to acquire a stake in society. The Roosevelt appointees to the Supreme Court were unwilling to allow either entrenched wealth or arbitrary governmental action to interfere with that objective. They remade the Constitution, but in so doing they returned the Constitution to its original purpose--the protection of personal liberty. The Roosevelt Court laid the foundation for a jurisprudence of human rights upon which the Warren Court and subsequent Supreme Courts have continued to build. Two justices presently serving on the Supreme Court--Justice Antonin Scalia and …
Take Your Seats: A Student's Ability To Protest Immigration Reform At Odds With State Truancy And Compulsory Education Laws, Jason Scronic
Take Your Seats: A Student's Ability To Protest Immigration Reform At Odds With State Truancy And Compulsory Education Laws, Jason Scronic
Florida A & M University Law Review
No abstract provided.