Law Commons^™

Reconsidering Section 1983'S Nonabrogation Of Sovereign Immunity, Katherine Mims Crocker

Faculty Publications

Motivated by civil unrest and the police conduct that prompted it, Americans have embarked on a major reexamination of how constitutional enforcement works. One important component is 42 U.S.C. § 1983, which allows civil suits against any "person" who violates federal rights. The U.S. Supreme Court has long held that "person" excludes states because Section 1983 flunks a condition of crystal clarity.

This Article reconsiders that conclusion--in legalese, Section 1983's nonabrogation of sovereign immunity--along multiple dimensions. Beginning with a negative critique, this Article argues that because the Court invented the crystal-clarity standard so long after Section 1983's enactment, the caselaw …

Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne

Faculty Publications

No abstract provided.

Comment: Sit-Ins And State Action- Mr. Justice Douglas, Concurring, Kenneth L. Karst, William W. Van Alstyne

Faculty Publications

This analysis of Mr. Justice Douglas’ concurrence in Garner v. Louisiana pays special attention to the lip service Justice Douglas pays to the state action requirement while never fully addressing such an issue.

State Action, William W. Van Alstyne, Kenneth L. Karst

Faculty Publications

In this extensive discussion of the Civil War amendments, this article proposes to identify the functions of the state action limitation. Specific accommodation of those functions is discussed in a variety of contexts: freedom from brutality, voting, education, employment, housing, etc.