The doctrine of qualified immunity prevents government agents from being held personally
liable for constitutional violations unless the violation was of" clearly established law." This …

Federal judges interpreting the Constitution typically consider not only the constitutional text
and its historical background, but also its subsequent interpretational history, related …

1. For example, Justices Sonia Sotomayor and Clarence Thomas have each criticized the
doctrine in recent years, albeit on different gmunds. Ziglar v. Abbasi, 137 S. Ct. 1843, 1870 …

In a remarkably fresh and historically grounded reinterpretation of the American Constitution,
William Nelson argues that the fourteenth amendment was written to affirm the general …

This monograph analyzes the fundamental issues that arise in litigation under 42 USC §
1983, the statute for redressing constitutional and federal statutory violations, and the case …

More than twenty-five years after its watershed decision in Monroe v. Pape,'the Supreme
Court continues to struggle with the doctrinal, political, and institutional consequences of this …

The first half of law school has been tough. Beyond the steep learning curve, feelings of
anxiety, isolation, and even depression have surfaced from the many micro-and, at times …

Fashioning a law of preclusion that sensitively accommodates individual and institutional
interests as well as the policies and structure of the substantive law is a difficult enterprise …

Commentators often assume that with the demise of Swift v. Tyson, the American legal
system has abandoned the very concept of" general" law. But while that concept no longer …

A central ambition of most theories of statutory interpretation 1 is to ensure that judges act as
faithful agents of the legislature 2-a role that requires courts to subordinate their own values …