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Federalism and Section 1983 Litigation

Norman W. Spaulding considers the state of 42 U.S.C. §1983 claims, in which individuals can sue state or local officials for violating constitutional rights, and the U.S. Supreme Court’s limitation of such claims on federalism grounds. Spaulding contends that “reliance on federalism as a ground norm to cabin Section 1983 claims . . .  is the jurisprudential equivalent of lost cause ideology.” Read more here.