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Full-Text Articles in Law
Reconsidering Section 1983'S Nonabrogation Of Sovereign Immunity, Katherine Mims Crocker
Reconsidering Section 1983'S Nonabrogation Of Sovereign Immunity, Katherine Mims Crocker
Faculty Publications
Motivated by civil unrest and the police conduct that prompted it, Americans have embarked on a major reexamination of how constitutional enforcement works. One important component is 42 U.S.C. § 1983, which allows civil suits against any "person" who violates federal rights. The U.S. Supreme Court has long held that "person" excludes states because Section 1983 flunks a condition of crystal clarity.
This Article reconsiders that conclusion--in legalese, Section 1983's nonabrogation of sovereign immunity--along multiple dimensions. Beginning with a negative critique, this Article argues that because the Court invented the crystal-clarity standard so long after Section 1983's enactment, the caselaw …
Brief Of Amici Curiae Professors Katherine Mims Crocker And Brandon Hasbrouck In Support Of Neither Party With Respect To Defendant's Motion To Dismiss, Katherine Mims Crocker, Brandon Hasbrouk
Brief Of Amici Curiae Professors Katherine Mims Crocker And Brandon Hasbrouck In Support Of Neither Party With Respect To Defendant's Motion To Dismiss, Katherine Mims Crocker, Brandon Hasbrouk
Briefs
No abstract provided.
Ows, Discourse, And Narratives, Timothy Zick
Ows And The Constitution, Timothy Zick
Trans-Border Exclusion And Execution, Timothy Zick
Trans-Border Exclusion And Execution, Timothy Zick
Popular Media
No abstract provided.
The Sanctity Of Polling Places, Timothy Zick
The Contemporary Protest Movement, Timothy Zick
Public Protest, Militarization, And Critical Democratic Moments, Timothy Zick
Public Protest, Militarization, And Critical Democratic Moments, Timothy Zick
Popular Media
No abstract provided.
The Judicial Protection Of Unenumerated Constitutional Rights, Gene R. Nichol
The Judicial Protection Of Unenumerated Constitutional Rights, Gene R. Nichol
Popular Media
No abstract provided.