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18 Apr 2025, 11:01 am by Eric Goldman
As the court says, the “conduct of private parties typically falls outside the scope of protection offered by § 1983,” and that’s true here: Plaintiff does not allege any state action that would sustain a § 1983 claim. [read post]
31 Oct 2007, 12:58 pm
  As previously discussed here, Danforth concerns a state court's authority to apply retroactively Supreme Court criminal procedure rulings and it is a spooky cool case for true law geeks. [read post]
10 Sep 2012, 3:45 pm by Michael Froomkin
I suppose it might even be true; if one characterizes the issue as an interpretation of the state Constitution, it would be strange to have a federal court get the final say. [read post]
22 Jun 2012, 5:18 am
See, e.g., Citizens United v. [read post]
25 Aug 2008, 10:55 am
District Court for the Western District of Missouri has dismissed a medical monitoring claim brought against the manufacturer of a medical device, finding that the applicable state law permits such a claim only in a true toxic tort case. [read post]
1 Oct 2009, 12:00 am
Last week, ALDF invited our supporters to send in questions about United States v. [read post]
7 Jun 2009, 9:41 pm
  (Or, at least, that is what the allegations - which must be accepted as true - state.)So there is purposeful racial discrimination against whites. [read post]
22 Feb 2025, 6:07 pm by Josh Blackman
In short, if a state legislature creates a court of true general jurisdiction, then a state judge can hear any federal cause of action. [read post]