On November 5, 2025, I spoke about the Religion Clauses on a webinar set up by an Illinois branch of the League of Women Voters (LWV). This was the opening segment of a LWV webinar on separation of church and
Chicago-Kent College of Law
Chicago-Kent College of Law is a law school that offers a range of academic programs including J.D., LL.M., joint degrees, and non-degree certifications. It emphasizes practical legal training through clinics, externships, and trial advocacy programs, preparing students for real-world legal practice. The school is recognized for its programs in Intellectual Property Law and Labor and Employment Law. It also supports international students through its Office of International Programs. Chicago-Kent publishes legal scholarship and commentary on topics such as civil rights litigation, constitutional law, and legal practice developments, reflecting its academic and practical focus.
Website:
https://kentlaw.iit.edu
Latest from Chicago-Kent College of Law - Page 2
The Free Exercise Clause, Section 1983 and RLUIPA Damages Actions: Certiorari Granted in Landor v. Louisiana Dept. of Corrections and Public Safety
Section 1983 and Free Exercise Claims for Damages Violations of the Free Exercise Clause of the First Amendment, like violations of many of the provisions of the Bill of Rights, are actionable for damages under section 1983 against individual state…
The Supreme Court’s 2024 Term Section 1983 Decisions
The forthcoming 2025-2026 Edition of my Treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (West/Westlaw), includes not only recent and important circuit court and state court decisions, but all § 1983-related decisions of the Supreme…
Exhaustion Under the Prison Litigation Reform Act and the Right to a Jury: Perttu v. Richards
Section 803 of the Prison Litigation Reform Act, 42 U.S.C.A. § 1997e, imposes an exhaustion of prison administrative remedies requirement on prisoners who wish to sue under § 1983. (See § 9:65 in Nahmod, Civil Rights and Civil Liberties Litigation:…
The Medicaid Act, the Spending Power and Section 1983 “Laws” Actions: Medina v. Planned Parenthood South Atlantic
The Talevski Background In Health & Hospital Corp. of Marian County v. Talevski, 599 U.S. 166 (2023), the Supreme Court held that the Federal Nursing Home Amendments Act of 1978’s transfer and medication rules created privately rights enforceable under §…
Supreme Court Adopts “Totality of Circumstances” Approach in 4th Amendment Excessive Force Cases: Barnes v. Felix
[You may have noticed that it’s been a while since my last post. That’s because I’ve been working on the 2025-26 Update to my Treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (West)(Westlaw). But the Update…
Supreme Court Gives Section 1983 Plaintiffs in Removed Pendent Claim Cases a Strategic Option: The 2025 Royal Canin Decision
Where a defendant is sued initially in a state court under §1983, the choice arises of defending in the state court or removing the proceeding to federal court. This choice is given §1983 defendants by 28 U.S.C. §1441(b), which provides…
41st Annual Section 1983 Conference: April 10-11, 2025, at Chicago-Kent College of Law
Chicago-Kent is holding its 41st Annual Section 1983 Conference on Thursday and Friday, April 10-11, 2025, at the Law School. This Conference covers many aspects of section 1983 and constitutional law. I will speak on The Basics of Section 1983…
Supreme Court Sets Out New “Prevailing Party” Rule in Lackey v. Holcomb, Attorney’s Fees Case Involving Preliminary Injunctions and Mootness
The Supreme Court, on February 25, 2025, reversed the Fourth Circuit in Lackey v. Holcomb, 145 S. Ct. – (2025)(No. 23-621), an attorney’s fees case dealing with preliminary injunctions and mootness, and answered the following Questions Presented in the affirmative:…
Supreme Court in Williams v. Reed Reverses Alabama Supreme Court Narrowly on State Court Section 1983 Claims and Exhaustion of Administrative Remedies
It has been blackletter law since Patsy v. Fla. Bd. of Regents, 457 U.S. 496 (1982), and well before, that exhaustion of administrative remedies, like exhaustion of judicial remedies (see Monroe v. Pape, 365 U.S. 473 (1961)), is not required…