Understanding Civil Rights Litigation

Understanding Civil Rights Litigation PDF 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.

Understanding Civil Rights Litigation

Understanding Civil Rights Litigation PDF Author: Howard M. Wasserman
Publisher: Carolina Academic Press LLC
ISBN: 9781531003661
Category : Civil procedure
Languages : en
Pages : 0

Get Book

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.

Understanding Civil Rights Litigation

Understanding Civil Rights Litigation PDF Author: Howard M. Wasserman
Publisher: Carolina Academic Press LLC
ISBN: 9781531022341
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 works for dedicated civil rights courses and larger federal courts classes; it can function as a primary assignment, as an assigned or recommended case and statutory supplement to a casebook or case materials, and as a supplemental study guide for students wanting additional background, context, and synthesis of the material. The third 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. Explores the doctrinal areas that have undergone substantial changes or challenges since the prior edition, including the retraction of Bivens; the extension, criticism, and cross-ideological calls for reform of qualified immunity; the narrowing of abstention; debates over the scope of injunctive relief; and the Supreme Court's increasing engagement earlier in constitutional cases. Explores new applications of long-standing doctrines, including controversies over when social-media companies and public officials act under color of state law in controlling who has access to sites and pages. Adds new and expanded "Puzzles" for most topics within the book. These short problems, drawn from news stories, lawsuits, and lower-court decisions, challenge students to work through and apply the doctrine. The book can serve as a primary source for a problem-centered civil rights courses. Includes appendices containing the United States Constitution, Emancipation Proclamation, and selected substantive, jurisdictional, and procedural federal statutes and rules that govern in civil rights and constitutional litigation.

The New Frontiers of Civil Rights Litigation

The New Frontiers of Civil Rights Litigation PDF Author:
Publisher:
ISBN: 9781611634167
Category :
Languages : en
Pages :

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Book Description


Civil Rights in America

Civil Rights in America PDF 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

Civil Rights Litigation and Attorney Fees Annual Handbook

Civil Rights Litigation and Attorney Fees Annual Handbook PDF Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages :

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Book Description


Civil Rights and Constitutional Litigation

Civil Rights and Constitutional Litigation PDF 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

Civil Rights Stories

Civil Rights Stories PDF Author: Myriam E. Gilles
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 418

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Book Description
This book provides students with a three-dimensional picture of the most important cases that are addressed in civil rights courses. These stories give the students and faculty members a deeper understanding of the historical and cultural background of the cases and an insight into their long-term impact on the development of civil rights law.

Current Issues in Constitutional Litigation

Current Issues in Constitutional Litigation PDF Author: SARAH E. RICKS
Publisher:
ISBN: 9781531019181
Category :
Languages : en
Pages : 998

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Book Description


Section 1983 Litigation

Section 1983 Litigation PDF Author: Martin A. Schwartz
Publisher: Aspen Pub
ISBN: 9780735538726
Category : Law
Languages : en
Pages : 1956

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Book Description
Section 1983 Litigation

Strategic Human Rights Litigation

Strategic Human Rights Litigation PDF Author: Helen Duffy
Publisher: Bloomsbury Publishing
ISBN: 1509921990
Category : Law
Languages : en
Pages : 328

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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.