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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
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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:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 556
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Book Description
Author:
Publisher:
ISBN: 9781611634167
Category :
Languages : en
Pages :
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Book Description
Author: Helen Duffy
Publisher: Bloomsbury Publishing
ISBN: 1509921990
Category : Law
Languages : en
Pages : 329
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Book Description
Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies 'strategically' to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author's own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the 'war on terror'; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future.
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: Martin A. Schwartz
Publisher: Aspen Pub
ISBN: 9780735538726
Category : Law
Languages : en
Pages : 1956
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Book Description
Section 1983 Litigation
Author: SARAH E. RICKS
Publisher:
ISBN: 9781531019181
Category :
Languages : en
Pages : 998
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Book Description
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: Tanya Katerí Hernandez
Publisher: NYU Press
ISBN: 1479806064
Category : Law
Languages : en
Pages : 213
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Book Description
Narratives of mixed-race people bringing claims of racial discrimination in court, illuminating traditional understandings of civil rights law As the mixed-race population in the United States grows, public fascination with multiracial identity has promoted the belief that racial mixture will destroy racism. However, multiracial people still face discrimination. Many legal scholars hold that this is distinct from the discrimination faced by people of other races, and traditional civil rights laws built on a strict black/white binary need to be reformed to account for cases of discrimination against those identifying as mixed-race. In Multiracials and Civil Rights, Tanya Katerí Hernández debunks this idea, and draws on a plethora of court cases to demonstrate that multiracials face the same types of discrimination as other racial groups. Hernández argues that multiracial people are primarily targeted for discrimination due to their non-whiteness, and shows how the cases highlight the need to support the existing legal structures instead of a new understanding of civil rights law. The legal and political analysis is enriched with Hernández's own personal narrative as a mixed-race Afro-Latina. Coming at a time when explicit racism is resurfacing, Hernández’s look at multiracial discrimination cases is essential for fortifying the focus of civil rights law on racial privilege and the lingering legacy of bias against non-whites, and has much to teach us about how to move towards a more egalitarian society.
Author: Michael Meltsner
Publisher: University of Virginia Press
ISBN: 9780813926957
Category : Biography & Autobiography
Languages : en
Pages : 336
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Book Description
As a white Yale Law School graduate, Meltsner began his career with the Legal Defense Fund of the NAACP, working initially under Thurgood Marshall and later under Jack Greenberg. From his vantage point at LDF, Meltsner witnessed and participated in litigation support of the civil rights movement in the South. As the movement shifted north and the fight for desegregation gave way to black-power slogans, Meltsner remained involved with the LDF and later went on to teach public interest practice at Columbia Law School. He watched the move from the high expectations after the Brown v. Board of Education decision to the lows of subsequent resegregation. He recalls his involvement in other civil rights efforts, from the campaigns to abolish capital punishment to Muhammad Ali's legal battle to regain his right to box. Meltsner closes with a chapter that examines the strategic possibilities of the No Child Left Behind mandate. Meltsner brings a personal perspective to this assessment of the hopes, potential, and shifting terrain of public service law. A worthy read. --Vernon Ford Copyright 2006 Booklist.
