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Full-Text Articles in Law
Brief Of Amici Curiae Professors Katherine Mims Crocker And Brandon Hasbrouck In Support Of Neither Party With Respect To Defendant's Motion To Dismiss: Dyer V. Smith, Brandon Hasbrouck, Katherine Mims Crocker
Brief Of Amici Curiae Professors Katherine Mims Crocker And Brandon Hasbrouck In Support Of Neither Party With Respect To Defendant's Motion To Dismiss: Dyer V. Smith, Brandon Hasbrouck, Katherine Mims Crocker
Scholarly Articles
This case illustrates how the First Amendment functions as an essential backstop to Fourth Amendment freedoms—and vice versa. As revealed by the national response to the killing of George Floyd and so many similar injustices, the ability to record encounters with government representatives is critical to preserving civil rights, and especially the right to avoid excessive force. The public only “became aware of the circumstances surrounding George Floyd’s death because citizens standing on a sidewalk exercised their First Amendment rights and filmed a police officer kneeling on Floyd’s neck until he died.” Index Newspapers LLC v. U.S. Marshals Serv., …
Wrongful Death Actions Under Section 1983, Martin A. Schwartz, Steven Steinglass, Richard Emery, Ilann Margalit Maazel
Wrongful Death Actions Under Section 1983, Martin A. Schwartz, Steven Steinglass, Richard Emery, Ilann Margalit Maazel
Martin A. Schwartz
No abstract provided.
Section 1983 Civil Rights Litigation In The October 2005 Term, Martin Schwartz
Section 1983 Civil Rights Litigation In The October 2005 Term, Martin Schwartz
Martin A. Schwartz
No abstract provided.
In Defense Of Implied Injunctive Relief In Constitutional Cases, John F. Preis
In Defense Of Implied Injunctive Relief In Constitutional Cases, John F. Preis
John F. Preis
The Story Of Bivens V. Six Unknown-Named Agents Of The Federal Bureau Of Narcotics, James E. Pfander
The Story Of Bivens V. Six Unknown-Named Agents Of The Federal Bureau Of Narcotics, James E. Pfander
Faculty Working Papers
In Bivens v. Six Unknown-Named Agents of the Federal Bureau of Narcotics, the Supreme Court recognized the right of an individual to sue federal government officials for a violation of constitutional rights. Drawing on interviews with some of the participants, including Webster Bivens himself and one of the agents who conducted the search, this chapter in the forthcoming book Federal Courts' Stories describes the events that led to the litigation and the complex array of factors that informed the Court's approach to the case. After placing the Bivens decision in context, the chapter evaluates the competing narratives that have grown …
Rethinking Bivens: Legitimacy And Constitutional Adjudication, James E. Pfander, David Baltmanis
Rethinking Bivens: Legitimacy And Constitutional Adjudication, James E. Pfander, David Baltmanis
Faculty Working Papers
The Supreme Court's decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics provides an uncertain framework for the enforcement of constitutional rights against the federal government. Rather than recognizing a federal common law right of action for use in every case, the Court views itself as devising actions on a case-by-case basis in light of a range of factors. Critics on all sides question the Court's approach, doubting either its power to fashion federal common law or the tendency of its case-by-case analysis to create gaps in constitutional enforcement. Particularly when compared with actions under …
Section 1983 Civil Rights Litigation In The October 2005 Term, Martin Schwartz
Section 1983 Civil Rights Litigation In The October 2005 Term, Martin Schwartz
Touro Law Review
No abstract provided.
Wrongful Death Actions Under Section 1983, Martin A. Schwartz, Steven Steinglass, Richard Emery, Ilann Margalit Maazel
Wrongful Death Actions Under Section 1983, Martin A. Schwartz, Steven Steinglass, Richard Emery, Ilann Margalit Maazel
Touro Law Review
No abstract provided.
The Qualified Immunity Doctrine In The Supreme Court: Judicial Activism And The Restriction Of Constitutional Rights, David Rudovsky
The Qualified Immunity Doctrine In The Supreme Court: Judicial Activism And The Restriction Of Constitutional Rights, David Rudovsky
All Faculty Scholarship
No abstract provided.