Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Stanley V. Illinois’S Untold Story, Josh Gupta-Kagan
Stanley V. Illinois’S Untold Story, Josh Gupta-Kagan
William & Mary Bill of Rights Journal
Stanley v. Illinois is one of the Supreme Courts more curious landmark cases. The holding is well known: the Due Process Clause both prohibits states from removing children from the care of unwed fathers simply because they are not married and requires states to provide all parents with a hearing on their fitness. By recognizing strong due process protections for parents rights, Stanley reaffirmed Lochner-era cases that had been in doubt and formed the foundation of modern constitutional family law. But Peter Stanley never raised due process arguments, so it has long been unclear how the Court reached this decision. …
Attorney’S Fees, Nominal Damages, And Section 1983 Litigation, Thomas A. Eaton, Michael L. Wells
Attorney’S Fees, Nominal Damages, And Section 1983 Litigation, Thomas A. Eaton, Michael L. Wells
William & Mary Bill of Rights Journal
Can plaintiffs recover attorneys fees under 42 U.S.C. § 1988 when they establish constitutional violations but recover only nominal damages or low compensatory damages? Some federal appellate courts have concluded that no fee, or a severely reduced fee, should be awarded in such circumstances. This position, which we call the low award, low fee approach, rests primarily on the Supreme Courts 1992 opinion in Farrar v. Hobby.
We argue that a low award, low fee approach is misguided for two main reasons. First, the majority opinion in Farrar is fragmented, and the factual record is opaque regarding what and how …