Government Benefits The Long-Term Implications of Gonzaga v. Doe by Bradford C. Mank State and local governments disburse federal medical, educational, and welfare benefits. By circumscribing use of § 1983, Gonzaga has made unfair denials harder to remedy.
Federal Government Closing the Courthouse Doors by Erwin Chermerinsky In a series of decisions, the Roberts Court has made it much more difficult to sue government officials for their unconstitutional actions. This often leaves victims with no remedy at all.
Civil Rights & Constitution Qualified Immunity Limiting Access to Justice and Impeding Development of the Law by Alan K. Chen Qualified immunity is now one of the most impenetrable barriers to liability for constitutional violations. The Court has shaped the doctrine into one that is far more absolute.
Civil Rights & Constitution The Supreme Court’s Civil Assault on Civil Procedure by Alexander A. Reinert At a certain point, we may conclude that plausibility pleading was broken at its inception and that a coherent and just regime warrants a return to notice pleading.
Civil Rights & Constitution The Supreme Court’s Legacy on Race and Capital Punishment in McCleskey v. Kemp by Jeffrey L. Kirchmeier Certain justices have regretted upholding the death penalty, partly as a result of racial bias evidence presented in McCleskey. The case continues to resonate.
Civil Rights & Constitution The Roberts Court’s Hostility to the Equality of Minorities Stephen E. Gottlieb While insisting on “equal treatment” for whites, the Roberts Court has turned a blind eye toward discrimination against blacks. In effect, the Roberts Court itself discriminates.
Diversity & Inclusion Supremely Elite: The Lack of Diversity on Our Nation’s Highest Court by Eric Segall Except for gender and racial diversity, the Supreme Court is mainly a cloistered, secretive, elite, and intellectually and socially removed institution. Here’s why it matters.
Civil Rights & Constitution Restoring Students’ Protections Against Sexual Harassment in Schools by Fatima Goss Graves , Adaku Onyeka-Crawford Current Title IX standards for harassment claim damages are unsound. However, there may be ways to restore students’ right of recovery and safe school environments.
Civil Rights & Constitution Is Korematsu Really Dead? Yolanda C. Rondon The fears that fueled the Korematsu decision are akin to those of our post-9/11 society. Yes, Korematsu is alive and kicking.
