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Nahmod Law

Covers 42 U.S.C. section 1983, perhaps the most important federal civil rights statute, and on constitutional law (especially the First Amendment), the teaching of constitutional law and other law-related topics.
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The Equal Protection Clause and Fundamental Interests

Nov 23, 2009
Introduction Litigants who challenge a legislative classification on equal protection grounds prefer, for obvious reasons, to have strict scrutiny apply to that classification. The paradigm suspect classification for which strict scrutiny is used is a...

Prosecutorial Immunity Revisited: The Pottawattamie County Case

Nov 15, 2009
Pottawattamie County Case in Supreme Court: Argued November 4, 2009 The Supreme Court heard argument in Pottawattamie County v. McGhee, 129 S. Ct. 2002 (2009)(granting certiorari), on November 4, 2009. What follows is a description of the important...

Affirmative Action

Nov 5, 2009
Background Affirmative action involving race is a hot button topicĀ  and there may consequently be some student reluctance to engage in meaningful discussion of the issues involved. So I begin class by pointing out the analytical distinction between...

A Section 1983 Primer (1): History, Purposes and Scope

Oct 29, 2009
This post is intended primarily for those lawyers, law students and members of the public who are not very familiar with 42 U.S.C. section 1983. It is the first in an introductory series on section 1983 that I will occasionally post. History and...

Brown v. Board of Education

Oct 22, 2009
Introduction Brown v. Board of Education, 347 U.S. 483 (1954), is one of the great constitutional law cases and perhaps the most important Supreme Court decision of the 20th century. I want to describe how I approach the case in class and what I hope...


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