Topic
Section 1983 and Bivens Actions
Posts
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ArticleVol. 103 · Iss. 2
Constitutional Private Law
Constitutional private law is like ordinary private law. It imposes relational obligations on government officials, like duties to use only reasonable force against a…
E. Garrett West -
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 -
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 -
ArticleVol. 94 · Iss. 4
Prisoners and Pleading
Last year, prisoners filed nearly 27,000 civil rights actions in federal court. More than 92 percent of those actions were filed pro se. Pro…
Richard H. Frankel & Alistair E. Newbern -
NoteVol. 93 · Iss. 3
The Praetorians: An Analysis of U.S. Border Patrol Checkpoints Following Martinez-Fuerte
In the late seventies, the United States Supreme Court held in United States v. Martinez-Fuerte that the United States Customs and Border Protection (“CBP”)…
Jesus A. Osete -
ArticleVol. 92 · Iss. 5
Slouching Towards Monell: The Disappearance of Vicarious Liability Under Section 10(B)
Liability under section 10(b) of the Securities Exchange Act is one of the primary mechanisms for enforcing the federal securities laws. Section 10(b), however,…
Ann M. Lipton -
CommentaryVol. 92 · Iss. 3
Epilogue: Moral Panics and Body Cameras
This brief follow-up to Moral Panics and Body Cameras comments on the weeks after that essay was published and what those events show about…
Howard M. Wasserman -
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 -
NoteVol. 91 · Iss. 6
The Constitutional Hall Pass: Rethinking the Gap in § 1983 Liability That Public Schools Have Enjoyed Since Deshaney
On six occasions during the 2007–2008 school year, Tommy Keyes picked up nine-year-old Jane Doe from her elementary school during school hours. On each…
Jeff Sanford -
ArticleVol. 90 · Iss. 5
Asking the First Question: Reframing Bivens After Minnici
In Minneci v. Pollard, decided in January 2012, the Supreme Court refused to recognize a Bivens v. Six Unknown Named Agents of Federal Bureau…
Lumen N. Mulligan & Alexander A. Reinert