Kirby as a simple case. In 1994, it treated Albright v. Oliver as a case divorced from history. Understanding the factual complexity of Kirby provides the historical framework missing from Albright and casts new light on the issue of whether the Fourteenth Amendment forbids malicious prosecution....
Even among those who acknowledge that the Ninth Amendment was originally a '~edera1ism"provisionthat simply "retained" all that had not been granted as "powers'' to the fed- eral government are those who contend that, i n light of the adoption of similar provisions in the state ...