Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Contemplating Masterpiece Cakeshop, Terri R. Day
Contemplating Masterpiece Cakeshop, Terri R. Day
Faculty Scholarship
No abstract provided.
Federalism's Fallacy: The Early Tradition Of Federal Family Law And The Invention Of States' Rights, Kristin Collins
Federalism's Fallacy: The Early Tradition Of Federal Family Law And The Invention Of States' Rights, Kristin Collins
Faculty Scholarship
By examining the history of the federal government's role in the regulation of the family, this article joins the work of others who in recent years have begun to piece together the history of the federal government's role in crafting domestic relations law and policy.'8 Much of this attention has focused on federal involvement in domestic relations in the late nineteenth and early twentieth centuries, with relatively less consideration given to the pre-Civil War period. Though recent contributions to this field have helped to cure this imbalance, 19 there remains a strong sense, especially among lawyers and judges, that …
A Critical Approach To Section 1983 With Special Attention To Sources Of Law, Jack M. Beermann
A Critical Approach To Section 1983 With Special Attention To Sources Of Law, Jack M. Beermann
Faculty Scholarship
The Civil Rights Act of 18711 ("§ 1983") establishes a tort-like remedy for persons deprived of federally protected rights "under color of law."'2 While the statute's broad language provides a remedy for violations of federal constitutional and statutory rights, the statute itself provides little or no guidance regarding important subjects such as the measure of damages, the availability of punitive damages, the requirements for equitable relief, the statute of limitations, survival of claims, proper parties, and immunities from suit.3...
...The first part of this article examines the narrowly "legal" analysis of § 1983 in the cases …