Topic
Civil Rights Litigation
Posts
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ArticleVol. 100 · Iss. 2
Past-Acts Evidence in Excessive Force Litigation
Abstract Myriad obstacles prevent victims of police violence from vindicating civil claims against the officers who have harmed them and the cities which have…
James Stone -
ArticleVol. 99 · Iss. 5
Procedural Losses and the Pyrrhic Victory of Abolishing Qualified Immunity
Who decides? Failing to consider this simple question could turn attempts to abolish qualified immunity into a Pyrrhic victory. That is because removing qualified…
Adam A. Davidson -
NoteVol. 99 · Iss. 1
An Anti-Conspiracy Theory: How Antitrust Law is Eroding The Constitutional Rights Protection Set Forth In § 1985(3) and § 1983
Introduction In October of 1868, Benjamin F. Randolph, a Black state senator in South Carolina, was shot dead by three white men as he…
Madeleine Denny -
NoteVol. 88 · Iss. 4
Using Litigation to Address Violence in Urban Public Schools
It is well recognized that America is facing a crisis in public education. Nationwide, black and Latino students suffer from an achievement gap compared…
Michelle Parthum -
NoteVol. 96 · Iss. 4
How Ziglar v. Abbasi Sheds Light on Qualified-Immunity Doctrine
In 2011, a man was involved in a road rage incident on a public highway in New Mexico. Two women called 911 to report…
Hannah Beard -
CommentaryVol. 92 · Iss. 3
Moral Panics and Body Cameras
This Commentary uses the lens of “moral panics” to evaluate public support for equipping law enforcement with body cameras as a response and solution…
Howard M. Wasserman -
ArticleVol. 92 · Iss. 2
A Diamond in the Rough: Trans-Substantivity of the Federal Rules of Civil Procedure and its Detrimental Impact on Civil Rights
The Federal Rules of Civil Procedure are celebrating their seventy-fifth anniversary this year. On this diamond anniversary, the celebration is tempered by the uncomfortable…
Suzette Malveaux -
NoteVol. 92 · Iss. 1
Inmates Who Cried Wolf: The Dangers of Applying the PLRA’s Limit on Appellate Attorney’s Fees in Prisoner Deprivation of Rights Claims
Beginning in the mid-1970s, the incarceration rate in the United States began to skyrocket, increasing rapidly during the “War on Drugs” in the 1980s…
Peter Shakro -
ArticleVol. 91 · Iss. 6
The Equal Employment Opportunity Commission and Structural Reform of the American Workplace
In one of its most-watched recent cases, the United States Supreme Court struck down a class action alleging that Wal-Mart stores discriminated against female…
Pauline Kim & Margo Schlanger -
ArticleVol. 90 · Iss. 3
The History of the Modern Class Action, Part I: Sturm Und Drang, 1953–1980
This Article proceeds as follows. Part I describes the regulatory and adjectival conceptions and the dilemma of class action governance, some necessary table-setting before…
David Marcus