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Full-Text Articles in Law

Implied Private Remedies Under Federal Statutes: Neither A Death Knell Nor A Moratorium--Civil Rights, Securities Regulation, And Beyond, Thomas L. Hazen Nov 1980

Implied Private Remedies Under Federal Statutes: Neither A Death Knell Nor A Moratorium--Civil Rights, Securities Regulation, And Beyond, Thomas L. Hazen

Vanderbilt Law Review

The part of this Article that follows contains an examination of the implication process as it has developed in the federal courts.As will be seen, the Supreme Court has gone through a cyclical pattern of expansion and contraction in implying remedies with respect to a wide range of substantive areas. Accordingly, it is not possible to glean a single unified theory from the sixty-five years of Supreme Court activity. There are, however, a number of recurring themes, and it is possible to view all of the diverse approaches as part of a loosely defined pattern that was formulated into a …


Derivative Immunity: An Unjustifiable Bar To Section 1983 Actions, Craig B. Merkle Jun 1980

Derivative Immunity: An Unjustifiable Bar To Section 1983 Actions, Craig B. Merkle

Duke Law Journal

No abstract provided.


Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe Haddon Northcross Jan 1980

Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe Haddon Northcross

Duquesne Law Review

No abstract provided.


Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe A. Haddon Jan 1980

Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.


Remedies For Statutory Violations Under Sections 1983 And 1985© Jan 1980

Remedies For Statutory Violations Under Sections 1983 And 1985©

Washington and Lee Law Review

No abstract provided.


Recent Developments Jan 1980

Recent Developments

American Indian Law Review

No abstract provided.


Executive Immunity For Constitutional Torts After Butz V. Economou, Philip L. Gregory Jr. Jan 1980

Executive Immunity For Constitutional Torts After Butz V. Economou, Philip L. Gregory Jr.

Santa Clara Law Review

No abstract provided.


The Mccarthy Era: History As Snapshot, Michael E. Tigar Jan 1980

The Mccarthy Era: History As Snapshot, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright Jan 1980

Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright

Faculty Scholarship

No abstract provided.


Mexican Americans: Are They Protected By The Civil Rights Act Of 1866, Patricia Serventi Jan 1980

Mexican Americans: Are They Protected By The Civil Rights Act Of 1866, Patricia Serventi

Santa Clara Law Review

No abstract provided.


Righting Constitutional Wrongs: The Development Of A Constitutionally Implied Cause Of Action For Damages, Marilyn Sydeski Jan 1980

Righting Constitutional Wrongs: The Development Of A Constitutionally Implied Cause Of Action For Damages, Marilyn Sydeski

Duquesne Law Review

Until the Supreme Court's 1971 decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, the cause of action for damages in a case arising directly under the Constitution had not been explicitly recognized. The author examines the Bivens decision and charts the extension of the Bivens remedy to other constitutional violations. She concludes that although it is still not completely clear when the damages remedy may be invoked, recent decisions provide assistance to courts confronted with damages claims arising under the constitution.


There Is A Fountain: The Autobiography Of A Civil Rights Lawyer / Legal Regulation Of The Competitive Process, Leonard B. Boudin, Kenneth B. Germain Jan 1980

There Is A Fountain: The Autobiography Of A Civil Rights Lawyer / Legal Regulation Of The Competitive Process, Leonard B. Boudin, Kenneth B. Germain

Vanderbilt Law Review

There is a Fountain: The Autobiography of a Civil Rights Lawyer Reviewed by Leonard B. Boudin --

This book is unlike other good legal autobiographies, such as those of D.N. Pritt,' Clarence Darrow, and more recently Charles Morgan," for Lynn throughout his life was very poor, a radical and,most importantly, Black. Those portions of his autobiography that recount his political life in college and in later years make exciting and important reading. Lynn was the only member of the Young Communist League at Syracuse University in the early 1930s, and was a member of the American Communist Party in his …