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Qualified Immunity Developments: Not Much Hope Left For Plaintiffs

By   /  April 1, 2014  /  Civil Procedure, Constitutional Law, Featured 

Scales & Gavel

This Article highlights important developments in the qualified immunity defense to Section 1983 claims. The focus is on recent Supreme Court decisions and the fallout from such decisions in the lower courts.

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Three Vital Issues: Incorporation of the Second Amendment, Federal Government Power, and Separation of Powers—October 2009 Term

By   /  June 1, 2011  /  2nd Amendment, Constitutional Law 

Constitution with Gun

McDonald concerned the incorporation doctrine, under which the Court had previously held that the Fourteenth Amendment makes “most of the provisions of the Bill of Rights” applicable against the states. The Justices considered, but ultimately rejected, the possibility of abandoning the Due Process Clause in favor of the Privileges or Immunities Clause as the basis for incorporation.

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The Supreme Court 2009 Term Overview and 2010 Term Preview

By   /  June 1, 2011  /  6th Amendment, Constitutional Law, Criminal Procedure, Evidence 

Supreme Court Building

On Monday, June 28, 2010, the Supreme Court completed its fifth year with John Roberts as Chief Justice, its first year with Justice Sonia Sotomayor on the bench, and its thirty-fifth and final Term with Justice John Paul Stevens. This year, the Supreme Court decided seventy-three cases after briefing and oral argument, just a few less than the seventy-six cases decided the year before in the 2008 Term.

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