The Case for Overturning Carter to Protect Contract Clause Rights through Section 1983 Claims
29 Pages Posted: 24 Mar 2020
Date Written: February 26, 2020
Abstract
A circuit court split on whether or not Section 1983 can protect Contract Clause rights should be resolved by overturning Carter v. Greenhow, a Supreme Court decision from 1885 where the Court excluded the Contract Clause from the scope of Section 1983's predecessor in dicta.
Keywords: Section 1983, Contracts Clause, Carter, Contract Clause, Carter v. Greenhow
Suggested Citation: Suggested Citation
Naiman, Donald, The Case for Overturning Carter to Protect Contract Clause Rights through Section 1983 Claims (February 26, 2020). Donald B. Naiman, Note, The Case for Overturning Carter to Protect Contract Clause Rights through Section 1983 Claims, 80 Ohio St. L.J. Online 1 (2020), Ohio State Legal Studies Research Paper No. Forthcoming, Available at SSRN: https://ssrn.com/abstract=3544902
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