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In Monroe, Justice Douglas purports to establish a fourth aim of §1983- to provide a remedy in federal court supplementary to any remedy any state may have.
The majority opinion claims, among other things, legislative history for this invalid expansion of § 1983. The history behind §1983 is limited. However, there is much history for its predecessor the 1871 act. This history undoubtedly provides support for the first three aims of §1983 but little support is found for the Monroe created aim. In short the legislative context for both §1983 as well as the 1871 acts demonstrates the acts meant to dispose of unconstitutional state statutes, not to deprive the state courts from hearing cases they are adequately and willingly prepared to hear...
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Common topics in this essay:
- Outline and describe the structure and jurisdiction of the Scottish Civil Courts
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