When you sue a public officer, you must decide whether to name them in their official capacity or individual capacity (or both). In an official-capacity suit, the officer is sued as a representative of the government (e.g. the state, city or agency). It is “another way of suing” the government itself. Any damages judgment inContinueContinue reading “Official vs. Individual Capacity – What It Means.”
Tag Archives: history
Suing Government Officials in California: When to Include a Public Officer as a Party.
Overview (Public vs. Private Entities): In California, private corporations or LLCs generally have no special immunities or notice requirements when sued – you name the corporation and proceed. By contrast, a public entity (state, county, city, school district, etc.) is subject to the Government Claims Act. You must first present a timely written government claimContinueContinue reading “Suing Government Officials in California: When to Include a Public Officer as a Party.”
Tribal, State, and Federal Law in the United States: Interplay and Preemption.
Tribal sovereignty and federal supremacy. In U.S. law, “Indian law” refers to the body of federal statutes, treaties, and court decisions governing Native American tribes. Tribes are treated as “domestic dependent nations” with inherent self‑government over their members and lands. The U.S. Constitution (Art. I, §8) and federal treaties give Congress plenary power over Indian affairs,ContinueContinue reading “Tribal, State, and Federal Law in the United States: Interplay and Preemption.”
Understanding the Difference Between Holding and Dicta in Court Decisions.
In legal reasoning, not every word written by a judge in a court decision carries the same weight. Courts often write detailed opinions, but only part of that reasoning becomes binding precedent. The distinction between a holding and dicta is crucial for understanding what parts of a case truly create law and what parts merelyContinueContinue reading “Understanding the Difference Between Holding and Dicta in Court Decisions.”
Writs in United States Law.
A writ is a formal written order issued by a court or other competent legal authority commanding a person or entity to perform or refrain from a specific act. In U.S. law, the federal All Writs Act, 28 U.S.C. § 1651(a), authorizes the Supreme Court and all federal courts to “issue all writs necessary or appropriateContinueContinue reading “Writs in United States Law.”
The Power of the Police and the Rights of the People: Understanding the 4th, 5th, and 6th Amendments to the U.S. Constitution.
In the United States, the Constitution serves as the supreme law that governs the limits of government power and the protection of individual rights. Among the most crucial protections for individuals—especially in encounters with law enforcement—are found in the Fourth, Fifth, and Sixth Amendments. These amendments collectively shape the balance between police authority and individualContinueContinue reading “The Power of the Police and the Rights of the People: Understanding the 4th, 5th, and 6th Amendments to the U.S. Constitution.”
The Privileges or Immunities Clause of the Fourteenth Amendment: A Forgotten Safeguard of Constitutional Rights.
Introduction The Privileges or Immunities Clause of the Fourteenth Amendment is one of the most debated and historically significant provisions of the U.S. Constitution. While it was originally intended to provide broad protections for individual rights, the Supreme Court largely nullified its impact in The Slaughter-House Cases (1873). Despite its diminished role, recent legal discussionsContinueContinue reading “The Privileges or Immunities Clause of the Fourteenth Amendment: A Forgotten Safeguard of Constitutional Rights.”
Understanding the Grandfather Clause in Property and Zoning Law.
The term “grandfather clause” is a legal principle that plays a significant role in property and zoning law. It serves as a protection for individuals or businesses that lawfully existed or operated before new regulations or laws were enacted. This principle prevents retroactive enforcement of laws in ways that would unfairly penalize established operations. InContinueContinue reading “Understanding the Grandfather Clause in Property and Zoning Law.”
Tribal Court Sentencing Limitations Under the Indian Civil Rights Act: A Closer Look.
The Indian Civil Rights Act (ICRA) of 1968 was a landmark piece of legislation designed to extend many protections found in the U.S. Constitution’s Bill of Rights to tribal governments. While ICRA is vital for upholding individual rights within Indian Country, it also sets unique limitations on the sentencing authority of tribal courts. One of the mostContinueContinue reading “Tribal Court Sentencing Limitations Under the Indian Civil Rights Act: A Closer Look.”
The Purpose of Establishing Government in a State.
The creation of government is one of the most fundamental aspects of human society, and it serves a variety of crucial purposes that ensure the well-being and stability of a state. Governments are formed to organize and manage the collective affairs of a population, establishing laws, providing services, and maintaining order. The core purposes ofContinueContinue reading “The Purpose of Establishing Government in a State.”
The Eleventh Amendment Does Not Bar Federal Court Action Against State Subdivisions.
The Eleventh Amendment to the United States Constitution provides that “[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.” This amendmentContinueContinue reading “The Eleventh Amendment Does Not Bar Federal Court Action Against State Subdivisions.”
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