Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 64

Full-Text Articles in Law

A Scapegoat Theory Of Bivens, Katherine Mims Crocker May 2021

A Scapegoat Theory Of Bivens, Katherine Mims Crocker

Faculty Publications

Some scapegoats are innocent. Some warrant blame, but not the amount they are made to bear. Either way, scapegoating can allow in-groups to sidestep social problems by casting blame onto out-groups instead of confronting such problems--and the in-groups' complicity in perpetuating them--directly.

This Essay suggests that it may be productive to view the Bivens regime's rise as countering various exercises in scapegoating and its retrenchment as constituting an exercise in scapegoating. The earlier cases can be seen as responding to social structures that have scapegoated racial, economic, and other groups through overaggressive policing, mass incarceration, and inequitable government conduct more …


Reconsidering Section 1983'S Nonabrogation Of Sovereign Immunity, Katherine Mims Crocker May 2021

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 …


Brief Of Amici Curiae Professors Katherine Mims Crocker And Brandon Hasbrouck In Support Of Neither Party With Respect To Defendant's Motion To Dismiss, Katherine Mims Crocker, Brandon Hasbrouk Dec 2020

Brief Of Amici Curiae Professors Katherine Mims Crocker And Brandon Hasbrouck In Support Of Neither Party With Respect To Defendant's Motion To Dismiss, Katherine Mims Crocker, Brandon Hasbrouk

Briefs

No abstract provided.


Section 7: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2018

Section 7: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman Apr 2017

Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman

Faculty Publications

Recent cases involving religious businesses owners who object to providing services for same-sex weddings and resulting lawsuits have generated a vigorous academic and popular debate. That debate centers in part on the proper role of religion in the market. This article develops three theories of the proper relationship between commerce and religion and applies them to these conflicts. The first approach would apply the norms of liberal democratic governments to market actors. The second approach posits that any market outcome is legitimate so long as it results from voluntary contracts. These approaches yield contradictory and indeterminate advice on the conflicts …


Section 5: Civil Rights And Liberties, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2016

Section 5: Civil Rights And Liberties, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Oliver Lawal, Daosamid Bounthisane, And Gazali Shittu, Appellants, V. Marc Mcdonald, William Riley, And Frederick Chose, Appellees: Petition For Panel Rehearing, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan, Thomas W. Ports Jr. Feb 2014

Oliver Lawal, Daosamid Bounthisane, And Gazali Shittu, Appellants, V. Marc Mcdonald, William Riley, And Frederick Chose, Appellees: Petition For Panel Rehearing, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan, Thomas W. Ports Jr.

Appellate and Supreme Court Clinic

No abstract provided.


Oliver Lawal, Daosamid Bounthisane, And Gazali Shittu, Appellants, V. Marc Mcdonald, William Riley, And Frederick Chose, Appellees: Reply Brief Of Appellants, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan, Thomas W. Ports Jr. Aug 2013

Oliver Lawal, Daosamid Bounthisane, And Gazali Shittu, Appellants, V. Marc Mcdonald, William Riley, And Frederick Chose, Appellees: Reply Brief Of Appellants, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan, Thomas W. Ports Jr.

Appellate and Supreme Court Clinic

No abstract provided.


Oliver Lawal, Daosamid Bounthisane, And Gazali Shittu, Appellants, V. Marc Mcdonald, William Riley, And Frederick Chose, Appellees: Brief Of Appellants, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan, Thomas W. Ports Jr. Jun 2013

Oliver Lawal, Daosamid Bounthisane, And Gazali Shittu, Appellants, V. Marc Mcdonald, William Riley, And Frederick Chose, Appellees: Brief Of Appellants, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan, Thomas W. Ports Jr.

Appellate and Supreme Court Clinic

No abstract provided.


The Surprising Role Of Racial Hierarchy In The Civil Rights Jurisprudence Of The First Justice John Marshall Harlan, Davison M. Douglas Apr 2013

The Surprising Role Of Racial Hierarchy In The Civil Rights Jurisprudence Of The First Justice John Marshall Harlan, Davison M. Douglas

Faculty Publications

The first Justice John Marshall Harlan’s status as one of the greatest Supreme Court Justices in American history rests largely upon his civil rights jurisprudence. The literature exploring the nuances of Harlan’s civil rights jurisprudence is vast. Far less attention has been paid to the reasons for Harlan’s strong civil rights views. Developing a rich sense of Harlan’s thinking has been difficult because Harlan did not leave behind a large trove of non-judicial writings. There is, however, a remarkable source of Harlan’s thought that has been largely overlooked by scholars: Harlan’s constitutional law lectures at George Washington Law School of …


Mary D. Branch, Plaintiff-Appellant, V. Officer Timothy Gorman, Et Al., Defandants-Appellants: Reply Brief Of Appellant, Patricia E. Roberts, Pamela Palmer, Alexa Roggenkamp, Tillman J. Breckenridge, Robert M. Luck Iii Feb 2013

Mary D. Branch, Plaintiff-Appellant, V. Officer Timothy Gorman, Et Al., Defandants-Appellants: Reply Brief Of Appellant, Patricia E. Roberts, Pamela Palmer, Alexa Roggenkamp, Tillman J. Breckenridge, Robert M. Luck Iii

Appellate and Supreme Court Clinic

No abstract provided.


Mary D. Branch, Plaintiff-Appellant, V. Officer Timothy Gorman, Et Al., Defandants-Appellants: Brief Of Appellant, Patricia E. Roberts, Pamela Palmer, Alexa Roggenkamp, Tillman J. Breckenridge, Robert M. Luck Iii Dec 2012

Mary D. Branch, Plaintiff-Appellant, V. Officer Timothy Gorman, Et Al., Defandants-Appellants: Brief Of Appellant, Patricia E. Roberts, Pamela Palmer, Alexa Roggenkamp, Tillman J. Breckenridge, Robert M. Luck Iii

Appellate and Supreme Court Clinic

No abstract provided.


Ows, Discourse, And Narratives, Timothy Zick Oct 2011

Ows, Discourse, And Narratives, Timothy Zick

Popular Media

No abstract provided.


Ows And The Constitution, Timothy Zick Oct 2011

Ows And The Constitution, Timothy Zick

Popular Media

No abstract provided.


Trans-Border Exclusion And Execution, Timothy Zick Oct 2011

Trans-Border Exclusion And Execution, Timothy Zick

Popular Media

No abstract provided.


Sustaining A Movement, Timothy Zick Oct 2011

Sustaining A Movement, Timothy Zick

Popular Media

No abstract provided.


Pepper-Spraying Of Wall Street Protesters Under Investigation, Timothy Zick Sep 2011

Pepper-Spraying Of Wall Street Protesters Under Investigation, Timothy Zick

Popular Media

No abstract provided.


More On The Wall Street Protest, Timothy Zick Sep 2011

More On The Wall Street Protest, Timothy Zick

Popular Media

No abstract provided.


Arab Spring On Wall Street?, Timothy Zick Sep 2011

Arab Spring On Wall Street?, Timothy Zick

Popular Media

No abstract provided.


The Summer Of Discontent: Creative Repertoires Of Public Protest, Timothy Zick Sep 2011

The Summer Of Discontent: Creative Repertoires Of Public Protest, Timothy Zick

Popular Media

No abstract provided.


Activism And Terrorism, Timothy Zick Oct 2008

Activism And Terrorism, Timothy Zick

Popular Media

No abstract provided.


The Sanctity Of Polling Places, Timothy Zick Oct 2008

The Sanctity Of Polling Places, Timothy Zick

Popular Media

No abstract provided.


Pleading Civil Rights Claims In The Post-Conley Era, A. Benjamin Spencer Oct 2008

Pleading Civil Rights Claims In The Post-Conley Era, A. Benjamin Spencer

Faculty Publications

Much has been made of the Supreme Court's recent pronouncements on federal civil pleading standards during the latter half of the 2006-2007 Term. Specifically, what will be the fallout from the Court's decision in Bell Atlantic Corp. v. Twombly, a case that abrogated Conley v. Gibson's famous "no set of facts" formulation and supplanted it with a new plausibility pleading standard? This Article attempts to examine and distill the impact of Twombly on the pleading standards that lower federal courts are applying when scrutinizing civil rights claims. Two main approaches emerge: that of courts choosing to continue to apply a …


Section 5: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2008

Section 5: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


May Day Mea Culpa, Timothy Zick Oct 2007

May Day Mea Culpa, Timothy Zick

Popular Media

No abstract provided.


Please Don’T Feed The Homeless, Timothy Zick Oct 2007

Please Don’T Feed The Homeless, Timothy Zick

Popular Media

No abstract provided.


Thoughts On Jena And The Civil Rights Movement, Timothy Zick Sep 2007

Thoughts On Jena And The Civil Rights Movement, Timothy Zick

Popular Media

No abstract provided.


The Contemporary Protest Movement, Timothy Zick Sep 2007

The Contemporary Protest Movement, Timothy Zick

Popular Media

No abstract provided.


Public Protest, Militarization, And Critical Democratic Moments, Timothy Zick Sep 2007

Public Protest, Militarization, And Critical Democratic Moments, Timothy Zick

Popular Media

No abstract provided.


Disability And The Social Contract, Anita Silvers, Michael Ashley Stein Jan 2007

Disability And The Social Contract, Anita Silvers, Michael Ashley Stein

Faculty Publications

No abstract provided.