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Author: Howard M. Wasserman
Publisher: Carolina Academic Press LLC
ISBN: 9781531003661
Category : Civil procedure
Languages : en
Pages : 0
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Book Description
This student-focused treatise provides a concise, accessible, comprehensive, and readable overview of the doctrine, policy, history, and theory of civil rights and constitutional litigation under Section 1983 and its Bivens federal counterpart. The book is written for courses on Civil Rights Litigation and Federal Courts; it can function as a primary assignment, as an assigned or recommended case and statutory supplement to a casebook or case materials, and as an additional study guide for students wanting additional background, context, and synthesis of the material. The new edition: Covers all aspects of civil rights and constitutional litigation, including the history of civil rights legislation in the United States; the substantive elements of Section 1983 and Bivens causes of action; individual immunity defenses; governmental liability and immunity; procedural and jurisdictional hurdles; abstention; and remedies. Covers doctrinal changes from the Supreme Court since the previous edition, including on Bivens actions, individual officer immunity, abstention, and the scope of injunctive relief. Discusses recent nationwide litigation campaigns over marriage equality and immigration policies to illustrate how plaintiffs and governments litigate these issues. Includes appendices containing the United States Constitution, Emancipation Proclamation, and selected substantive, jurisdictional, and procedural federal statutes that regularly are involved in civil rights and constitutional litigation. All topics and sub-topics include "Puzzles," short problems (drawn from lawsuits and recent lower-court decisions) for use in class discussions and for student study and review.
Author: Howard M. Wasserman
Publisher: Carolina Academic Press LLC
ISBN: 9781531003661
Category : Civil procedure
Languages : en
Pages : 0
Get Book Here
Book Description
This student-focused treatise provides a concise, accessible, comprehensive, and readable overview of the doctrine, policy, history, and theory of civil rights and constitutional litigation under Section 1983 and its Bivens federal counterpart. The book is written for courses on Civil Rights Litigation and Federal Courts; it can function as a primary assignment, as an assigned or recommended case and statutory supplement to a casebook or case materials, and as an additional study guide for students wanting additional background, context, and synthesis of the material. The new edition: Covers all aspects of civil rights and constitutional litigation, including the history of civil rights legislation in the United States; the substantive elements of Section 1983 and Bivens causes of action; individual immunity defenses; governmental liability and immunity; procedural and jurisdictional hurdles; abstention; and remedies. Covers doctrinal changes from the Supreme Court since the previous edition, including on Bivens actions, individual officer immunity, abstention, and the scope of injunctive relief. Discusses recent nationwide litigation campaigns over marriage equality and immigration policies to illustrate how plaintiffs and governments litigate these issues. Includes appendices containing the United States Constitution, Emancipation Proclamation, and selected substantive, jurisdictional, and procedural federal statutes that regularly are involved in civil rights and constitutional litigation. All topics and sub-topics include "Puzzles," short problems (drawn from lawsuits and recent lower-court decisions) for use in class discussions and for student study and review.
Author: Charles F. Abernathy
Publisher: West Academic Publishing
ISBN: 9780314267870
Category : Civil rights
Languages : en
Pages : 0
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Book Description
The new 5th edition retains the statute-based focus of the original, guiding students through the rules, doctrines, and theories that apply to major litigation under the three generations of primary civil rights statutes (the original statutes, sections 1983, 1981, 1982, and 1985(3), with their emphasis on constitutional litigation; the revolutionary statutes of the 1960's and early 1970's, Title VII, Title VI, the Voting Rights Act, and section 504), and the evolutionary enactments after 1990 (the Americans with Disabilities Act, the Civil Rights Amendments of 1991, and the judicially-limited Violence Against Women Act). The 5th edition continues an emphasis begun in the 4th edition on legal realism and how the statutes respond to or fail to ameliorate real-life problems. The combination of statutory coverage and legal realism allows each professor to choose the topical areas and political viewpoints that he or she wishes to emphasize. In addition to widespread general updating, the new 5th edition significantly expands on prior editions with a new focus on Fourth Amendment litigation post-Scott, several new approaches both substantive and procedural -- to official immunity defenses, and new cases relating to the increasingly fractured sovereign immunity defense. In addition, a significant new sub-section explores the Supreme Court's attempt in the Ricci case to adjust the relation between disparate impact and disparate treatment analyses, highlighting its substantial impact on affirmative action concepts as well. Finally, the new 5th edition also covers the 2008 Amendments to the Americans With Disabilities Act and their significant alteration of the Court's previous attempts to restrict disability litigation. The new edition will also include any new decisions anticipated thro
Author: SARAH E. RICKS
Publisher:
ISBN: 9781531019181
Category :
Languages : en
Pages : 998
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Book Description
Author: Jamal Greene
Publisher: Houghton Mifflin
ISBN: 1328518116
Category : Law
Languages : en
Pages : 341
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Book Description
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Author: Jennifer Friesen
Publisher: MICHIE
ISBN:
Category : Actions and defenses
Languages : en
Pages : 436
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Book Description
Author: Mark V. Tushnet
Publisher: Oxford University Press
ISBN: 0195359224
Category : Law
Languages : en
Pages : 412
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Book Description
From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation of public graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this "Constitutional revolution", and showing how the slow development of doctrine and precedent reflected the overall legal strategy of Thurgood Marshall and the NAACP.
Author: Daniel McLinden
Publisher: Universal-Publishers
ISBN: 1627343261
Category : Law
Languages : en
Pages : 120
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Book Description
Here American history and American law merge into one. Key historical events and landmark legal cases fill the pages of this book. American ideals of “All men are created equal” and “Equal justice under law” run headlong into white supremacy and gender inequality. This textbook allows history teachers and students alike to explore the social and cultural impact of judicial thinking on American society. The lessons are clear, concise and informative. They can be taught in a single semester in a Civil Rights class or in tandem with an American History class. A wider reading audience, interested in how the wheels of justice turn, can gain a deep understanding in short order of the history and case law surrounding civil rights. WORDS OF PRAISE "A brief and comprehensive analysis of cases with perceptible legal acuity from beginning of the nation to present day. This book gives readers substantial insight into how the legal system did or did not work. It documents graphically how the law is a living, organic and expanding force." --William J. McCarthy Lawyer/Educator McAllen, Texas "A must read for history students! Mr. McLinden’s book chronicles details of past and recent events in US history. This book does not contain any fluff or useless information." --Bitsey Horton Paralegal Los Angeles, California "A stimulating new book, with a great narrative. It turns usually impenetrable legal writings into a fabled, real-life struggle for civil rights. It shows how lawmakers and courts have promoted and protected personal freedoms, but also have historically attacked and ignored those same freedoms. This panoramic view provides an honest portrayal of the strides and setbacks our country has been dealing with in our march towards Justice for All." --Robert F. Durham Ph.D. 30-year History teacher Salt Lake City Schools
Author: David Cole
Publisher: Basic Books
ISBN: 0465098517
Category : Law
Languages : en
Pages : 322
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Book Description
From the national legal director of the ACLU, an essential guidebook for anyone seeking to stand up for fundamental civil liberties and rights One of Washington Post's Notable Nonfiction Books of 2016 In an age of executive overreach, what role do American citizens have in safeguarding our Constitution and defending liberty? Must we rely on the federal courts, and the Supreme Court above all, to protect our rights? In Engines of Liberty, the esteemed legal scholar David Cole argues that we all have a part to play in the grand civic dramas of our era -- and in a revised introduction and conclusion, he proposes specific tactics for fighting Donald Trump's policies. Examining the most successful rights movements of the last thirty years, Cole reveals how groups of ordinary Americans confronting long odds have managed, time and time again, to convince the courts to grant new rights and protect existing ones. Engines of Liberty is a fundamentally new explanation of how our Constitution works and the part citizens play in it.
Author: Christopher Green
Publisher: Routledge
ISBN: 1317539397
Category : Law
Languages : en
Pages : 272
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Book Description
The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context. Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.
Author: Aziz Z. Huq
Publisher: Oxford University Press
ISBN: 0197556817
Category : LAW
Languages : en
Pages : 193
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Book Description
"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
