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Articles 1 - 3 of 3

Full-Text Articles in Other Law

Locating The Regulation Of Data Privacy And Data Security, Edward J. Janger Oct 2010

Locating The Regulation Of Data Privacy And Data Security, Edward J. Janger

Faculty Scholarship

No abstract provided.


Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman Jan 2010

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 Jan 2010

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, …