Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (14)
- Courts (8)
- Constitutional Law (6)
- State and Local Government Law (5)
- Civil Procedure (3)
-
- Judges (3)
- Supreme Court of the United States (3)
- Administrative Law (2)
- Agency (2)
- Human Rights Law (2)
- Indigenous, Indian, and Aboriginal Law (2)
- International Law (2)
- Jurisprudence (2)
- Legislation (2)
- Arts and Humanities (1)
- Civil Law (1)
- Construction Law (1)
- Criminal Procedure (1)
- Disability Law (1)
- Family Law (1)
- First Amendment (1)
- Fourteenth Amendment (1)
- History (1)
- Law Enforcement and Corrections (1)
- Law and Politics (1)
- Law and Race (1)
- Legal (1)
- Legal History (1)
- Legal Profession (1)
- Institution
-
- Washington and Lee University School of Law (6)
- Touro University Jacob D. Fuchsberg Law Center (3)
- Vanderbilt University Law School (3)
- University of Oklahoma College of Law (2)
- University of San Diego (2)
-
- Boston University School of Law (1)
- Case Western Reserve University School of Law (1)
- Chapman University (1)
- Columbia Law School (1)
- Cornell University Law School (1)
- Duke Law (1)
- Louisiana State University Law Center (1)
- St. Mary's University (1)
- The University of Maine (1)
- University of Missouri School of Law (1)
- University of the District of Columbia School of Law (1)
- Villanova University Charles Widger School of Law (1)
- Wayne State University (1)
- West Virginia University (1)
- Publication
-
- Washington and Lee Law Review (6)
- Vanderbilt Law Review (3)
- American Indian Law Review (2)
- California Regulatory Law Reporter (2)
- Faculty Scholarship (2)
-
- Touro Law Review (2)
- Case Western Reserve Law Review (1)
- Cornell Law Review (1)
- Faculty Articles (1)
- Journal Articles (1)
- Law Faculty Articles and Research (1)
- Law Faculty Research Publications (1)
- Law and Contemporary Problems (1)
- Louisiana Law Review (1)
- Maine History (1)
- Missouri Law Review (1)
- Scholarly Works (1)
- Villanova Law Review (1)
- West Virginia Law Review (1)
- Publication Type
Articles 1 - 30 of 30
Full-Text Articles in Law
Supervisory Liability Under 42 U.S.C. Section 1983: Searching For The Deep Pocket, Shari S. Weinman
Supervisory Liability Under 42 U.S.C. Section 1983: Searching For The Deep Pocket, Shari S. Weinman
Missouri Law Review
Suits under 42 U.S.C. section 1983 are complex. Section 1983's theory of constitutional wrongdoing without vicarious liability will seem strange to some practitioners. There are circumstances, however, in which a plaintiff may sue the supervisor of the person who immediately inflicted the injury. This Comment examines the intricacies of supervisory liability as determined by recent United States Supreme Court and circuit court decisions and provides pointers to practitioners. In addition, this Comment suggests an amendment to section 1983.
Operation Rescue - Was The Justice Dept. Right To Intervene In Wichita?, Gary S. Lawson, Celeste Lacy Davis, Eve W. Paul
Operation Rescue - Was The Justice Dept. Right To Intervene In Wichita?, Gary S. Lawson, Celeste Lacy Davis, Eve W. Paul
Faculty Scholarship
Discussion of Operation Rescue attempt to shut down abortion clinic in Wichita, KS in August 1991, and ensuing decision of U.S. District Judge Patrick Kelly, as well as intervention of Justice Department. A debate-style article with "pro" side written by Gary Lawson and "con" side written by C.L. Davis & E.W. Paul.
General Legislation, S. Barrow, A. Strassburg
General Legislation, S. Barrow, A. Strassburg
California Regulatory Law Reporter
No abstract provided.
General Legislation, S. Barrow, A. Strassburg
General Legislation, S. Barrow, A. Strassburg
California Regulatory Law Reporter
No abstract provided.
“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck
“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck
Law and Contemporary Problems
The implementation of the Civil Justice Reform Act of 1990, a law designed to improve the management of the civil justice system, is discussed. The substantive components of the law and the process that led to its enactment are addressed.
John Appleton: Through His Own Words, William W. Wells
John Appleton: Through His Own Words, William W. Wells
Maine History
This article contains a brief discussion of the legal importance of Judge Appleton and then quotes the text of a letter written by judge which provides insight into his personal qualities.
Introduction: Civil Rights In The Workplace Of The 1990s, Sandi R. Murphy
Introduction: Civil Rights In The Workplace Of The 1990s, Sandi R. Murphy
Vanderbilt Law Review
Throughout history courts and legislatures alternatively have enlarged and diminished civil rights protections." Today, employment discrimination claims are the most commonly litigated civil rights cases. A succession of cases decided by a new conservative majority of Justices during the 1988 Supreme Court Term has altered radically the delicate balance of civil rights in the workplace. The then prevailing economic, political, and legal environment seemed to be impervious to any advances in employment discrimination protections.
Since that Term, courts and legislatures at the state and federal levels have promulgated a confusing combination of advances and re- treats in employment discrimination law. …
Supreme Court Civil Rights Litigation And Deja Vu , Constance Baker Motley
Supreme Court Civil Rights Litigation And Deja Vu , Constance Baker Motley
Cornell Law Review
No abstract provided.
The Jurisprudence Of Wringing Hands: A Brief Response To Professor Soifer, Allan Ides
The Jurisprudence Of Wringing Hands: A Brief Response To Professor Soifer, Allan Ides
Washington and Lee Law Review
No abstract provided.
On Being Overly Discrete And Insular: Involuntary Groups And The Angloamerican Judicial Tradition, Aviam Soifer
On Being Overly Discrete And Insular: Involuntary Groups And The Angloamerican Judicial Tradition, Aviam Soifer
Washington and Lee Law Review
No abstract provided.
Exclusion Of Personal Injury Damages: Have The Courts Gone Too Far?, Susan K. Matlow
Exclusion Of Personal Injury Damages: Have The Courts Gone Too Far?, Susan K. Matlow
Vanderbilt Law Review
The Internal Revenue Code (Code) sweeps into gross income "all income from whatever source derived," including, but not limited to, compensation for services, interest, dividends, rents, and alimony payments.' Specific statutory exclusions may exempt from gross income certain items that Congress has determined deserve favorable tax treatment. One such exclusion, section 104(a)(2), provides that gross income shall not include "the amount of any damages received (whether by suit or agreement and whether as lump-sums or as periodic payments) on account of personal injuries or sickness."' Congress enacted section 104(a)(2)'s predecessor in 1918," and in spite of subsequent revolutionary tax reform, …
Soifer's Vision And Three Questions About Images, Milner S. Ball
Soifer's Vision And Three Questions About Images, Milner S. Ball
Washington and Lee Law Review
No abstract provided.
Another Way Of Skinning The Rabbit, Geoffrey Palmer Sir
Another Way Of Skinning The Rabbit, Geoffrey Palmer Sir
Washington and Lee Law Review
No abstract provided.
The Declaration Of Rights Of The Louisiana Constitution Of 1974: The Louisiana Supreme Court And Civil Liberties, Richard P. Bullock
The Declaration Of Rights Of The Louisiana Constitution Of 1974: The Louisiana Supreme Court And Civil Liberties, Richard P. Bullock
Louisiana Law Review
No abstract provided.
Groups In Perspectives, Carol Weisbrod
Groups In Perspectives, Carol Weisbrod
Washington and Lee Law Review
No abstract provided.
Faith In Secular Religion: A Brief Reply, Aviam Soifer
Faith In Secular Religion: A Brief Reply, Aviam Soifer
Washington and Lee Law Review
No abstract provided.
The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.
The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.
Journal Articles
Martin Luther King, Jr. once wrote that our nation's civil rights laws were a "sparse and insufficient collection of statutes ... barely a naked framework."' On their faces, many federal civil rights statutes constitute little more than broad directives that "Thou shalt not discriminate." Broadly worded statements outlawing discrimination were the optimal approach to statutory draftsmanship in light of the controversial nature of the civil rights laws passed in the 1960s and 1970s. The drafters of these statutes needed to craft language that would be palatable to a majority of the members of Congress while still having a meaningful impact …
Thurgood Marshall And The Administrative State, Jonathan Weinberg
Thurgood Marshall And The Administrative State, Jonathan Weinberg
Law Faculty Research Publications
No abstract provided.
Exporting The American Bill Of Rights: The Lesson From Romania, Ronald D. Rotunda
Exporting The American Bill Of Rights: The Lesson From Romania, Ronald D. Rotunda
Law Faculty Articles and Research
No abstract provided.
Rule 11 Recalibrated In Civil Rights Cases, Carl Tobias
Rule 11 Recalibrated In Civil Rights Cases, Carl Tobias
Villanova Law Review
No abstract provided.
Section 1983, Martin A. Schwartz, George Pratt, Leon Friedman
Section 1983, Martin A. Schwartz, George Pratt, Leon Friedman
Scholarly Works
No abstract provided.
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Touro Law Review
No abstract provided.
On The Road Of Good Intentions: Justice Brennan And The Religion Clauses, Michael S. Ariens
On The Road Of Good Intentions: Justice Brennan And The Religion Clauses, Michael S. Ariens
Faculty Articles
Associate Supreme Court Justice William J. Brennan took the oath of office on October 16, 1956. At the time of Justice Brennan’s appointment to the Supreme Court, the Court had decided only a few cases involving the religion clauses of the first amendment, and judicial interpretation of the religion clauses had been sparing.
In the thirty-four years of Justice Brennan’s tenure, the Court worked several revolutions in religion clause jurisprudence—revolutions guided by a sense of the needs of a changing society. Justice Brennan was one of several architects of a new order in establishment clause interpretation, and was the architect …
Domestic Violence Victims V. Municipalities: Who Pays When The Police Will Not Respond, Lauren L. Mcfarlane
Domestic Violence Victims V. Municipalities: Who Pays When The Police Will Not Respond, Lauren L. Mcfarlane
Case Western Reserve Law Review
No abstract provided.
Affirmative Action, Douglas Scherer, John Dunne
Affirmative Action, Douglas Scherer, John Dunne
Touro Law Review
No abstract provided.
Battered Spouses' Section 1983 Damage Actions Against The Unreponsive Police After Deshaney, James T.R. Jones
Battered Spouses' Section 1983 Damage Actions Against The Unreponsive Police After Deshaney, James T.R. Jones
West Virginia Law Review
No abstract provided.
Brewer's Plea: Critical Thoughts On Common Cause, Richard Delgado
Brewer's Plea: Critical Thoughts On Common Cause, Richard Delgado
Vanderbilt Law Review
As most legal readers know, members of the Critical Race Studies (CRS) school" and mainstream civil rights scholars have been carrying on a rather spectacular and highly public debate. First, Randall Kennedy, a mainstream scholar, took the newcomers to task in his Racial Critiques article, charging us with making unfounded accusations and grandiose claims,' with finding racial exclusion where none exists, and with various other sins of omission and commission. The controversy moved next to the pages of the popular press. Then, in the June 1990 issue of Harvard Law Review, three members of CRS and a white sympathizer were …
The Role Of The United States Senate Concerning "Self-Executing" And "Non-Self-Executing Treaties", Lori Fisler Damrosch
The Role Of The United States Senate Concerning "Self-Executing" And "Non-Self-Executing Treaties", Lori Fisler Damrosch
Faculty Scholarship
This essay concerns a pattern in treaty actions of the U.S. Senate which tends to weaken the domestic legal effect of treaties. Under this pattern, the Senate qualifies its consent to U.S. ratification of the treaty with a declaration or other condition to the effect that the treaty shall be non-self-executing, or otherwise expresses its intention that the treaty shall not be used as a direct source of law in U.S. courts. Such qualifications, referred to hereinafter as "non-self-executing declarations," give rise to important questions about the place of the affected treaties within the fabric of U.S. law, especially in …
Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley
Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley
American Indian Law Review
No abstract provided.