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Full-Text Articles in Law
Section 1983 Is Born: The Interlocking Supreme Court Stories Of Tenney And Monroe, Sheldon Nahmod
Section 1983 Is Born: The Interlocking Supreme Court Stories Of Tenney And Monroe, Sheldon Nahmod
Sheldon Nahmod
No abstract provided.
The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
Sheldon Nahmod
In this article, I address the historical and doctrinal development of § 1983 local government liability, beginning with Monroe v. Pape in 1961 and culminating in the Supreme Court’s controversial 2011 failure to train decision in Connick v. Thompson. Connick has made it exceptionally difficult for § 1983 plaintiffs to prevail against local governments in failure to train cases. In the course of my analysis, I also consider the oral argument and opinions in Connick as well as various aspects of § 1983 doctrine. I ultimately situate Connick in the Court’s federalism jurisprudence which doubles back to Justice Frankfurter’s view …
Constitutional Torts, Over-Deterrence And Supervisory Liability After Iqbal (2010) (Symposium), Sheldon Nahmod
Constitutional Torts, Over-Deterrence And Supervisory Liability After Iqbal (2010) (Symposium), Sheldon Nahmod
Sheldon Nahmod
My forthcoming Article is divided into the following parts. In Part I, I survey relevant aspects of the law of § 1983 and Bivens. Painting with a broad brush and for the most part descriptively, I maintain that the Court’s concern with over-deterrence has increasingly dominated constitutional torts. In Part II, I address the relevance of that concern for supervisory liability, set out what the Court said about supervisory liability in Iqbal and very briefly summarize the pre-Iqbal circuit consensus on supervisory liability. In Part III, I delve more deeply into the nature of supervisory liability and conclude that the …
Justice Souter On Government Speech, Sheldon Nahmod
Justice Souter On Government Speech, Sheldon Nahmod
Sheldon Nahmod
No abstract provided.
Constitutional Education For The People Themselves, Sheldon Nahmod
Constitutional Education For The People Themselves, Sheldon Nahmod
Sheldon Nahmod
No abstract provided.
The Pledge As Sacred Political Ritual, Sheldon Nahmod
The Pledge As Sacred Political Ritual, Sheldon Nahmod
Sheldon Nahmod
No abstract provided.
The Gfp (Green) Bunny: Reflections On The Intersection Of Art, Science And The First Amendment, Sheldon Nahmod
The Gfp (Green) Bunny: Reflections On The Intersection Of Art, Science And The First Amendment, Sheldon Nahmod
Sheldon Nahmod
No abstract provided.
Mt. Healthy And Causation In Fact: The Court Still Doesn't Get It!, Sheldon Nahmod
Mt. Healthy And Causation In Fact: The Court Still Doesn't Get It!, Sheldon Nahmod
Sheldon Nahmod
No abstract provided.
The Public Square And The Jew As Religious Other, Sheldon Nahmod
The Public Square And The Jew As Religious Other, Sheldon Nahmod
Sheldon Nahmod
No abstract provided.
Adam, Eve And The First Amendment: Some Thoughts On The Obscene As Sacred, Sheldon Nahmod
Adam, Eve And The First Amendment: Some Thoughts On The Obscene As Sacred, Sheldon Nahmod
Sheldon Nahmod
No abstract provided.
The Sacred Flag And The First Amendment, Sheldon Nahmod
The Sacred Flag And The First Amendment, Sheldon Nahmod
Sheldon Nahmod
No abstract provided.
Artistic Expression And Aesthetic Theory: The Beautiful, The Sublime And The First Amendment, Sheldon Nahmod
Artistic Expression And Aesthetic Theory: The Beautiful, The Sublime And The First Amendment, Sheldon Nahmod
Sheldon Nahmod
No abstract provided.