Law Commons^™

The Buck Does Not Stop Here: Supervisory Liability In Section 1983 Cases, Kit Kinports

Kit Kinports

The appropriate standard for supervisory liability in Section 1983 cases has been a source of considerable disagreement among federal courts of appeals. In the absence of established Supreme Court authority on the subject, courts have rejected vicarious and negligence liability in favor of a higher culpability requirement, but they have not agreed on precisely what form this higher standard should take. In this article, the Author addresses the need for a uniform standard consistent with the statute's twin goals of compensating the victims of constitutional violations and deterring constitutional infractions.

The author notes at the outset that lower courts have …

Immigrant Rights In The Shadows Of Citizenship, Rachel Bluff, Victor Romero

Victor C. Romero

Victor C. Romero is a contributing author: "Who Should Manage Immigration - Congress or the States? An Introduction to Constitutional Immigration Law." Chapter 12, page 286.

Punctuated by marches across the United States in the spring of 2006, immigrant rights has reemerged as a significant and highly visible political issue. Immigrant Rights in the Shadows of U.S. Citizenship brings prominent activists and scholars together to examine the emergence and significance of the contemporary immigrant rights movement. Contributors place the contemporary immigrant rights movement in historical and comparative contexts by looking at the ways immigrants and their allies have staked claims …

Demanding Individual Rights And Civil Liberties: An Iranian Approach, Zahra Takhshid

Zahra Takhshid

Iran has a long history of social movements and revolutions. The 1906 Constitutional Revolution led to the recognition of individual rights as part of Iran’s first Constitution. With the Islamic Revolution of 1979, a new constitution was enacted, which devoted one chapter to “the Rights of the Nation.”

The Constitution has introduced several methods to protect the recognized rights: the Guardian Council, the Tribunal of Administrative Justice, and the Commission of Article 90.

In addition to the institutions introduced in the Constitution, the Legislature and the Executive branch proposed new safeguarding procedures and adopted new statutes, which recognized broader range …

The Future We Want And Constitutionally Enshrined Procedural Rights In Environmental Matters, James May, Erin Daly

Erin Daly

No abstract provided.

Holdings, Dicta, And The Paradigms Of Precedent, Randy J. Kozel

Randy J Kozel

In United States v. Windsor, the Supreme Court invalidated a key provision of the federal Defense of Marriage Act. In doing so, it raised significant questions about the power of states to limit the institution of marriage to opposite-sex couples. That issue was not presented in Windsor itself, but Windsor’s reasoning and rhetoric have already begun to play a pivotal role in ensuing challenges to state laws. Determining the future effects of Windsor, or of any other Supreme Court decision, requires defining the scope of judicial precedent. One account of precedent is restrictive: Only a court’s holdings must …

When Religion And Law Conflict, Alan Garfield

Alan E Garfield

Dignity Rights: Courts, Constitutions, And The Worth Of The Human Person, Erin Daly

Erin Daly

The right to dignity is now recognized in most of the world's constitutions, and hardly a new constitution is adopted without it. Over the last sixty years, courts in Latin America, Europe, Asia, Africa, the Middle East, and North America have developed a robust jurisprudence of dignity on subjects as diverse as health care, imprisonment, privacy, education, culture, the environment, sexuality, and death. As the range and growing number of cases about dignity attest, it is invoked and recognized by courts far more frequently than other constitutional guarantees. Dignity Rights is the first book to explore the constitutional law of …

Beyond Interpretation: The "Cultural Approach" To Understanding Extra-Formal Change In Religious And Constitutional Law (Invited Symposium Contribution), Mark Rosen

Mark D. Rosen

No abstract provided.

American Constitutionalism: Volume Ii: Rights & Liberties, Howard Gillman, Mark Graber, Keith Whittington

Mark Graber

Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Moving beyond traditional casebooks, renowned scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington take a refreshingly innovative approach in American Constitutionalism. Organized according to the standard two-semester sequence--in which Volume I covers Structures of Government and Volume II covers Rights and Liberties--this text is unique in that it presents the material in a historical organization within each volume, as opposed to the typical issues-based organization.

The Ecuadorian Exemplar: The First Ever Vindications Of Constitutional Rights Of Nature, Erin Daly

Erin Daly

The 'Sala de le Corte Provincial' - a provincial court in Ecuador - became the first court ever to vindicate the recently constitutionalized rights of nature. Recognizing the indisputable importance of the rights of nature for present and future generations, the court held the provincial government liable for flooding damages caused by dumping of construction debris. This judicial victory is arguably overshadowed by challenges facing the plaintiffs in seeing the courts order enforced, however. A subsequent case bears witness to the judiciary’s vindication of rights of nature in Ecuador with ever increasing legal effect.

Strategies And Techniques For Teaching Constitutional Law, Robert Power

Robert C Power

No abstract provided.

Western Union, The American Federation Of Labor, Google, And The Changing Face Of Privacy Advocates, Wesley Oliver

Wesley M Oliver

No abstract provided.

Pennsylvania Constitutional Conventions: Discarding The Myths, John Gedid

John L. Gedid

No abstract provided.

Should Pennsylvania Amend Its Constitution? The Pennsylvania Bar Association Considers Calls For Reform, John Gedid

John L. Gedid

No abstract provided.

Senate Debate Served Us All Well, Erin Daly, Paul Regan

Paul L Regan

No abstract provided.

Senate Debate Served Us All Well, Erin Daly, Paul Regan

Erin Daly

No abstract provided.

In A Dissenting Voice: Justice Ginsburg's Federalism, Russell Miller

Russell A. Miller

No abstract provided.

Unconstitutional On Its Face, Robert Lipkin

Robert Justin Lipkin

No abstract provided.

Bartnicki V. Vopper, 532 U.S. 514 (2001), Alan Garfield

Alan E Garfield

No abstract provided.

A Shared Constitutionalism: Stemm Cells And The Case For Transatlanticism, Russell Miller

Russell A. Miller

No abstract provided.

The Worst Way Of Selecting Judges—Except All The Others That Have Been Tried, Michael R. Dimino

Michael R Dimino

The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan

Donald J. Kochan

Can a man be the Director of the Women’s Bureau at the Department of Labor? According to Congress, the answer is no. Congress has stated by statute that a woman must be the nominee to head the Women’s Bureau at the Department of Labor. The key questions are: (1) even if it makes sense on policy grounds, is it constitutional? and (2) if we accept such a statutory limitation power what are the potential precedential consequences for other appointment matters? This Article’s case study is particularly relevant today, examining just how far Congress can go to limit the discretion of …

History Of The Pennsylvania Constitution (Chapter 3), John Gedid

John L. Gedid

No abstract provided.

Editorial, Succession Question Requires Amendment, Randy Lee

Randy Lee

No abstract provided.

Book Note (Reviewing Wayne D. Moore, Constitutional Rights And Powers Of The People (1996), Robert Lipkin

Robert Justin Lipkin

No abstract provided.

Book Note (Reviewing John Arthur, Words That Bind: Judicial Review And The Grounds Of Modern Constitutional Theory (1995), Robert Lipkin

Robert Justin Lipkin

No abstract provided.

Book Review (Reviewing Michael J. Perry, The Constitution In The Courts: Law Or Politics? (1994), Robert Lipkin

Robert Justin Lipkin

No abstract provided.

Scrambling For Protection: The New Media And The First Amendment, Patrick Garry

Patrick M. Garry

In Scrambling for Protection, Patrick Garry asserts that such dramatic developments in electronic communications will radically change the way society communicates. Already, computer networks and bulletin boards are creating, in essence, electronic editorial pages on which people can register their viewpoints. Indeed, the new and increasingly interactive media promise to more significantly involve the public in the process of social communication. This concept of change lies at the heart of Scrambling for Protection. Garry offers models and guidelines for constitutionally redefining the press and asserts that, as both the press and the First Amendment move away from an apparently exclusive …

The End Is No Longer In Sight: The Constitutionality Of Revoking Social Security Withdrawals (Bowen V. Public Agencies), Robert Hayman

Robert L. Hayman

No abstract provided.

Employment Discrimination: Another Knot In Church/State Entanglement? (Ohio Civil Rights Commission V. Dayton Christian Schools), Robert Hayman

Robert L. Hayman

No abstract provided.