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Full-Text Articles in Law
The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
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In this article, I address the historical and doctrinal development of § 1983 local government liability, beginning with Monroe v. Pape in 1961 and culminating in the Supreme Court’s controversial 2011 failure to train decision in Connick v. Thompson. Connick has made it exceptionally difficult for § 1983 plaintiffs to prevail against local governments in failure to train cases. In the course of my analysis, I also consider the oral argument and opinions in Connick as well as various aspects of § 1983 doctrine. I ultimately situate Connick in the Court’s federalism jurisprudence which doubles back to Justice Frankfurter’s view …
Evaluating Tribal Courts' Interpretations Of The Indian Civil Rights Act, Mark D. Rosen
Evaluating Tribal Courts' Interpretations Of The Indian Civil Rights Act, Mark D. Rosen
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No abstract provided.
The Tea Party And The Constitution, Christopher W. Schmidt
The Tea Party And The Constitution, Christopher W. Schmidt
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This Article considers the Tea Party as a constitutional movement. I explore the Tea Party’s ambitious effort to transform the role of the Constitution in American life, examining both the substance of the Tea Party’s constitutional claims and the tactics movement leaders have embraced for advancing these claims. No major social movement in modern American history has so explicitly tied its reform agenda to the Constitution. From the time when the Tea Party burst onto the American political scene in early 2009, its supporters claimed in no uncertain terms that much recent federal government action overstepped constitutionally defined limitations. A …
Popular Constitutionalism On The Right: Lessons From The Tea Party, Christopher W. Schmidt
Popular Constitutionalism On The Right: Lessons From The Tea Party, Christopher W. Schmidt
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In this Article, I consider the lessons that the Tea Party offers for scholars of popular constitutionalism. Specifically, I argue that the experience of the Tea Party should spark a reconsideration of some assumptions that tend to drive much of the interest in popular constitutionalism. Some who have embraced popular constitutionalism seem to assume that popular constitutional mobilization is a vehicle particularly well suited for advancing progressive constitutional claims. Alternately, some have assumed that popular constitutionalism has no particular ideological or partisan valence - that it is basically a neutral vehicle for advancing constitution claims of all kinds. But the …
From Exclusivity To Concurrence, Mark D. Rosen
From Exclusivity To Concurrence, Mark D. Rosen
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No abstract provided.