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The Reality of Constitutional Tort Litigation

SSRN Electronic JournalPublished 1 January 2025Open access
Stewart J. Schwab, Theodore Eisenberg
Citations26
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Abstract

In the public's mind, civil rights litigation continues to explode. Civil rights cases burden the federal courts, impeding by their very numbers the quality of justice in all cases. Supreme Court Justices bemoan the rise in filings and consequently restrict the remedies. Cities regard civil rights cases as a cause of fiscal distress. Individual officials cower for fear of personal liability. The legal and popular press join in the chorus.

Keywords

Social SciencesEconomics, Econometrics and Finance