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Constitutional Law

2010

Sheldon Nahmod

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Articles 1 - 3 of 3

Full-Text Articles in Law

Constitutional Torts, Over-Deterrence And Supervisory Liability After Iqbal (2010) (Symposium), Sheldon Nahmod Feb 2010

Constitutional Torts, Over-Deterrence And Supervisory Liability After Iqbal (2010) (Symposium), Sheldon Nahmod

Sheldon Nahmod

My forthcoming Article is divided into the following parts. In Part I, I survey relevant aspects of the law of § 1983 and Bivens. Painting with a broad brush and for the most part descriptively, I maintain that the Court’s concern with over-deterrence has increasingly dominated constitutional torts. In Part II, I address the relevance of that concern for supervisory liability, set out what the Court said about supervisory liability in Iqbal and very briefly summarize the pre-Iqbal circuit consensus on supervisory liability. In Part III, I delve more deeply into the nature of supervisory liability and conclude that the …


Constitutional Torts: Cases, Comments And Questions (With M. Wells & T. Eaton) (Supp. 2011-12), Sheldon Nahmod Dec 2009

Constitutional Torts: Cases, Comments And Questions (With M. Wells & T. Eaton) (Supp. 2011-12), Sheldon Nahmod

Sheldon Nahmod

No abstract provided.


Justice Souter On Government Speech, Sheldon Nahmod Dec 2009

Justice Souter On Government Speech, Sheldon Nahmod

Sheldon Nahmod

No abstract provided.