Constitutional Remedies: A Reference Guide to the United States Constitution

By Michael L. Wells; Thomas A. Eaton | Go to book overview

Index

a
abortion, 45 , 47 , 79
absolute immunity, 22 , 123–49
abstention, 7 , 8 , 221–25
abuse of power, 64–67 , 79–80 , 101
affirmative duties, 77–90
Age Discrimination in Employment Act, 96
Americans With Disabilities Act, 96
arm of the state, 97
arrest, 68 , 75 , 77
article 1 powers, 9 , 94
attachment, 35
attorney’s fees, 23–24 , 199–208

b
Bill of Rights, xviii , 17 , 19 , 21 , 46
Bivens suits, 24–26
burden of proof, 120
Burford abstention, 225
but-for causation, 118

c
calculation of attorney fees, 204–6
capable of repetition yet evading review, 192–93 , 195
catalyst theory, 202–3
cause in fact, 111–14 , 117–28 , 132
cause of action, 13–14
Civil Rights Act of 1871, 15–17
Civil Rights Attorney’s Fees Award Act of 1976, 23–24 , 199
claim preclusion, 68 , 225–28
class actions, 194–96
clear statement rule, 9
clearly established law, 153–57
collateral estoppel, 226
collateral order doctrine, 160–62
common law torts, xviii , 2 , 11–12 , 18 , 21 , 51–52 , 59–60 , 80 , 82–83 , 100–2 , 118 , 121 , 173–74 , 177 , 180–81
comparability, 171
compensation principle, xxvi , 173–76
compensatory damages, xxvi , 170–76
conflicts between state and federal courts, 208
Congress, 3–4 , 7–10 , 11 , 16–17 , 199 , 222
Congressional abrogation, 8–11 , 93–96
conspiracy, 31 , 40–42
contingency multiplier, 205–6
contracting out, 37–40
contracts clause, 5
coordinating state and federal jurisdictions, 216–18
corporal punishment, 52–53 , 66
corrective justice, 175–76
costs and benefits of remedies, xxv

-263-

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Constitutional Remedies: A Reference Guide to the United States Constitution
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Series Foreword ix
  • Foreword xiii
  • Acknowledgments xv
  • Introduction - Remedies and the Constitution xvii
  • Part I - A History of Constitutional Remedies 1
  • Part II - Constitutional Remedies and Commentary 29
  • Part III - Conclusion 237
  • Bibliographical Essay 241
  • Index 263
  • About the Authors 267
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