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Full-Text Articles in Legislation

Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman Feb 2015

Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman

Howard M Wasserman

Understanding the twin pleading cases of Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal from the vantage point of only a few months (or even years) requires as much prediction as explanation. Early confusion is a product of the long-heralded link between substance and procedure. What we are seeing now may be less about Court-imposed changes to procedure as about changes to substantive law and a "mismatch " between new substance and the old procedure of the Federal Rules. Much of the current business of federal courts involves constitutional litigation under 42 U.S. C. §S 1983 and Bivens, a …


Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman Feb 2015

Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman

Howard M Wasserman

No abstract provided.


Structural Principles And Presidential Succession, Howard M. Wasserman Feb 2015

Structural Principles And Presidential Succession, Howard M. Wasserman

Howard M Wasserman

No abstract provided.


A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan Dec 2014

A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan

Donald J. Kochan

Our land use control system operates across a variety of multidimensional and dynamic categories. Learning to navigate within and between these categories requires an appreciation for their interconnected, dynamic, and textured components and an awareness of alternative mechanisms for achieving one’s land use control preferences and one’s desired ends. Whether seeking to minimize controls as a property owner or attempting to place controls on the land uses of another, one should take time to understand the full ecology of the system. This Article looks at four broad categories of control: (1) no controls, or the state of nature; (2) judicial …