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Full-Text Articles in Other Law
Rejecting Sovereign Immunity In Public Law Litigation, Howard M. Wasserman
Rejecting Sovereign Immunity In Public Law Litigation, Howard M. Wasserman
Faculty Publications
No abstract provided.
Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman
Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman
Faculty Publications
No abstract provided.
Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman
Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman
Faculty Publications
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, …
When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo
When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo
Faculty Publications
No abstract provided.
Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo
Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo
Faculty Publications
Borrowing from postmodernity, new Right intellectuals have become adept at plucking core terms from the liberal register, stripping away their history and social context, and making them do the conceptual work of backlash. A recent example is the theme of the 2009 annual meeting of the AALS: institutional pluralism. The phrase has a surface resemblance to traditional liberal values but, in truth, acts as a Trojan horse for discrimination projects that many may find troubling. By putting the phrase in its social context, this essay reveals the ideological interests at work in the idea.
Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman
Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman
Faculty Publications
No abstract provided.