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The Uncertain Future of the Indian Child Welfare Act

Strict Scrutiny

CHAPTER

FINRA Is a Law, Maybe Not?

Justice Jackson: It seems to me odd to suggest that we as a court can reinterpret the word law in section 1983 to carve anything out. The right question is what are the what rights are secured by law within the meaning of 1983, she says. Justice Jackson has consistently held that when it comes to spending law statutes, the common law of contracts gives us the clearest window into what 1983 covered.

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