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Articles 1 - 4 of 4
Full-Text Articles in Law
Uzuegbunam V. Preczewski, Nominal Damages, And The Roberts Stratagem, Michael Wells
Uzuegbunam V. Preczewski, Nominal Damages, And The Roberts Stratagem, Michael Wells
Georgia Law Review
In Uzuegbunam v. Preczewski the Supreme Court held for the first time that federal-court jurisdiction exists over a § 1983 case that presents only a claim for nominal damages. As a result, such claims remain subject to adjudication even when the plaintiff’s request for prospective relief, targeting an allegedly unlawful practice, has been mooted by the government’s discontinuance of the thus-challenged behavior. In dissent, Chief Justice Roberts maintained that the majority’s ruling clashed with Article III’s “personal stake” requirement and also unwisely permitted plaintiffs to sidestep controlling jurisdictional rules by adding a meaningless claim for nominal damages to a complaint …
Uzuegbunam V. Preczewski, Nominal Damages, And The Roberts Stratagem, Michael Wells
Uzuegbunam V. Preczewski, Nominal Damages, And The Roberts Stratagem, Michael Wells
Scholarly Works
In Uzuegbunam v. Preczewski the Supreme Court held for the first time that federal-court jurisdiction exists over a § 1983 case that presents only a claim for nominal damages. As a result, such claims remain subject to adjudication even when the plaintiff’s request for prospective relief, targeting an allegedly unlawful practice, has been mooted by the government’s discontinuance of the thus-challenged behavior. In dissent, Chief Justice Roberts maintained that the majority’s ruling clashed with Article III’s “personal stake” requirement and also unwisely permitted plaintiffs to sidestep controlling jurisdictional rules by adding a meaningless claim for nominal damages to a complaint …
Putting Faith In Europe: Should The U.S. Supreme Court Learn From The European Court Of Human Rights?, Antony Barone Kolenc
Putting Faith In Europe: Should The U.S. Supreme Court Learn From The European Court Of Human Rights?, Antony Barone Kolenc
Georgia Journal of International & Comparative Law
No abstract provided.
Intentionalism Justice Scalia Could Love, Hillel Y. Levin
Intentionalism Justice Scalia Could Love, Hillel Y. Levin
Scholarly Works
There is something useful, indeed beautiful, about a work that carefully and eloquently explores a new idea or reexamines an old one. The Nature of Legislative Intent is therefore useful and beautiful, and it offers much of philosophical value for textualist and non-textualist alike. but it offers little of practical consequence and is therefore unlikely to advance the ball outside of the hall of academia, not simply because of the failure of judges to take legal scholarship seriously (which is there loss, as well as sosciety's), but because on its own terms it cannot.