Federal courts scholars see the Reconstruction-era enactment of general federal question
jurisdiction'as a decisive moment in judicial federalism. The conventional wisdom is that with …

The Civil Rights Act of 1871'("? 1983") establishes a tort-like remedy for persons deprived of
federally protected rights" under color of law." 2 While the statute's broad language provides …

This description of federal practice and procedure under the Conformity Act of 18722 was an
article of faith with those who labored for years to persuade Congress to replace that statute …

Corporations are a legal fiction representing a network of legal, usually contractual,
arrangements." Corporations" thus do not act, do not make contracts, sell property, or commit …

Business-to-consumer commerce conducted via online means of communication,'though at
present relatively modest in volume, is expected to grow exponentially over the next few …

Lawrence Rosenthal* 1 . H isto ry .................................................................................... 5 5 3 C.
Page 1 DEFENDING QUALIFIED IMMUNITY Lawrence Rosenthal* I. IN TR ODUC TIO N …

Í ш CHAPTEfî 4 JvBiîciAiHLm-depend on an evaluation of" the fitness of the L^ ues for
judicial decision" and" the hardship to the parties of withholding court consideration." 7 Of …

Over the past four decades, the story of suing governments and their agents for money
damages is a story marked by change and challenge. Most doctrines in that story have …

BERRY v. CITY OF MUSKOGEE 900 F.2d 1489 (1990) Linnie Kay BERRY, individually and
as natural mother and next friend of her three minor children whose natural father was Mark …

A foundational and pervasive dilemma of law concerns the choice between articulating legal
prescriptions as categorical, bright-line" rules" and open-ended" standards."'Rules (eg," No …