Two recent circuit court decisions, one from the Sixth Circuit and the other from the Fifth, are examples of the relatively few situations in which attorneys are sanctioned under Rule 11 of the Federal Rules of Civil Procedure.. Rule 11
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An Updated Section 1983 Primer (6): Claim and Issue Preclusion
In honor of the 40th Annual Conference on Section 1983, which was recently held in-person at Chicago-Kent College of Law on April 18-19, 2024, I have been updating my popular “Primer” series on section 1983. Overview of Preclusion This post…
An Updated Section 1983 Primer (5): Statutes of Limitation, Accrual and Tolling
In honor of the 40th Annual Conference on Section 1983, to be held in-person at Chicago-Kent College of Law on April 18-19, 2024, I have been updating my popular “Primer” series on section 1983. Below is the fifth–and one of…
Know Your Constitution (4)(Updated): Equal Protection
(Author’s note. Over ten years ago I published a series of posts on different constitutional topics entitled “Know Your Constitution.” I believe that this series, intended for the general public, law students and attorneys, merits re-publishing in these perilous and…
An Updated Section 1983 Primer (4): Cause in Fact and the Mt. Healthy Burden-Shift Rule
In honor of the 40th Annual Conference on Section 1983, to be held in-person at Chicago-Kent College of Law on April 18-19, 2024, I have been updating my popular “Primer” series on section 1983. Below is the fourth of these…
When Public Officials Post or Block on Social Media: The Supreme Court Weighs In on State Action
A variation of what I call the converse of the typical state action question arises when public officials post or block on social media. The Supreme Court recently addressed this issue in two cases in which it granted certiorari and…
Schedule for 40th Annual Section 1983 Conference: April 18-19, 2024
Here is the schedule for the upcoming in-person Section 1983 Conference. We hope to see you there. Any questions? Contact either CLE@kentlaw.iit.edu or snahmod@kentlaw.iit.edu. Day One – April 18, 2024 8:45 – 9:00 AM Welcome and Introduction 9:00 – 10:15 AM The…
An Updated Section 1983 Primer (3): Constitutional States of Mind
In honor of the 40th Annual Conference on Section 1983, to be held in-person at Chicago-Kent College of Law on April 18-19, 2024, I have been updating my popular “Primer” series on section 1983. Below is the third of these…
An Updated Section 1983 Primer(2): The Seminal Decision in Monroe v. Pape
In honor of the 40th Annual Conference on Section 1983, to be held in-person at Chicago-Kent College of Law on April 18-19, 2024, I have been updating my popular “Primer” series on section 1983. Below is the second of these…
An Updated Section 1983 Primer (1): History, Purposes and Scope
In honor of the 40th Annual Conference on Section 1983, to be held in-person at Chicago-Kent College of Law on April 18-19, 2024, I am updating my popular “Primer” series on section 1983. Below is the first of these posts.…