Add to ORKGThis Article explores the role of the common law in Supreme Court interpretation and application of § 1983, which grants a cause of action for violations of constitutional rights committed under color of any [state] statute, ordinance, regulation, custom or usage. \u27 I argue that the common law has served primarily to narrow the reach of § 1983, and that this is inappropriate in light of the broad statutory language and the absence of good evidence that the enacting Congress intended a narrower application than the statutory language indicates
Section 1983 is the major enforcer of individual federal constitutional rights. It authorizes indivi...
The Supreme Court teaches that federal courts, unlike their counterparts in the states, are not gene...
The paper proceeds as follows. Part I describes the constitutional common law and its interactions w...
This Article explores the role of the common law in Supreme Court interpretation and application of ...
The Civil Rights Act of 18711 ( § 1983 ) establishes a tort-like remedy for persons deprived of fede...
Constitutional tort law marries the substantive rights granted by the Constitution to the remedial m...
Amidst the whirl of commentary about how the U.S. Supreme Court has become increasingly textualist a...
We have long recognized that the resurrection of section 1983 converted the fourteenth amendment fro...
The defining feature of a “common law statute” is that it resists standard methods of statutory inte...
The point of departure in the Constitution is that the existing legal ordershould largely be kept in...
My objective in this lecture is to take seriously the observation that constitutional law in the Uni...
The cause of action for damages to redress violations of constitutional rights is now firmly establi...
This article examines the common law backgrounds of late nineteenth and early twentieth century Amer...
Part I of this Note discusses the history and purpose of section 1983 and identifies the danger unma...
For over 125 years, 42 U.S.C. 1983 has provided a means for plaintiffs to bring a cause of action ag...
Section 1983 is the major enforcer of individual federal constitutional rights. It authorizes indivi...
The Supreme Court teaches that federal courts, unlike their counterparts in the states, are not gene...
The paper proceeds as follows. Part I describes the constitutional common law and its interactions w...
This Article explores the role of the common law in Supreme Court interpretation and application of ...
The Civil Rights Act of 18711 ( § 1983 ) establishes a tort-like remedy for persons deprived of fede...
Constitutional tort law marries the substantive rights granted by the Constitution to the remedial m...
Amidst the whirl of commentary about how the U.S. Supreme Court has become increasingly textualist a...
We have long recognized that the resurrection of section 1983 converted the fourteenth amendment fro...
The defining feature of a “common law statute” is that it resists standard methods of statutory inte...
The point of departure in the Constitution is that the existing legal ordershould largely be kept in...
My objective in this lecture is to take seriously the observation that constitutional law in the Uni...
The cause of action for damages to redress violations of constitutional rights is now firmly establi...
This article examines the common law backgrounds of late nineteenth and early twentieth century Amer...
Part I of this Note discusses the history and purpose of section 1983 and identifies the danger unma...
For over 125 years, 42 U.S.C. 1983 has provided a means for plaintiffs to bring a cause of action ag...
Section 1983 is the major enforcer of individual federal constitutional rights. It authorizes indivi...
The Supreme Court teaches that federal courts, unlike their counterparts in the states, are not gene...
The paper proceeds as follows. Part I describes the constitutional common law and its interactions w...