Civil Rights Litigation and Attorney Fees Annual Handbook PDF Download
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Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 556
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Book Description
Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 556
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Book Description
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.
Author:
Publisher:
ISBN: 9781611634167
Category :
Languages : en
Pages :
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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: Richard A. Rosen
Publisher: UNC Press Books
ISBN: 1469628554
Category : Biography & Autobiography
Languages : en
Pages : 406
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Book Description
Born in the hamlet of Mount Gilead, North Carolina, Julius Chambers (1936–2013) escaped the fetters of the Jim Crow South to emerge in the 1960s and 1970s as the nation's leading African American civil rights attorney. Following passage of the Civil Rights Act of 1964, Chambers worked to advance the NAACP Legal Defense Fund's strategic litigation campaign for civil rights, ultimately winning landmark school and employment desegregation cases at the U.S. Supreme Court. Undaunted by the dynamiting of his home and the arson that destroyed the offices of his small integrated law practice, Chambers pushed federal civil rights law to its highwater mark. In this biography, Richard A. Rosen and Joseph Mosnier connect the details of Chambers's life to the wider struggle to secure racial equality through the development of modern civil rights law. Tracing his path from a dilapidated black elementary school to counsel's lectern at the Supreme Court and beyond, they reveal Chambers's singular influence on the evolution of federal civil rights law after 1964.
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: Kenneth W. Mack
Publisher: Harvard University Press
ISBN: 0674065301
Category : Biography & Autobiography
Languages : en
Pages : 353
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Book Description
Profiles African American lawyers during the era of segregation and the civil rights movement, with an emphasis on the conflicts they felt between their identities as African Americans and their professional identities as lawyers.
Author: Robert Brischetto
Publisher: MSU Press
ISBN: 1628954469
Category : History
Languages : en
Pages : 432
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Book Description
Inspired by a 1968 U.S. Commission on Civil Rights six-day hearing in San Antonio that introduced the Mexican American people to the rest of the nation, this book is an examination of the social change of Mexican Americans of Texas over the past half century. The San Antonio hearing included 1,502 pages of testimony, given by more than seventy witnesses, which became the baseline twenty experts used to launch their research on Mexican American civil rights issues during the following fifty years. These experts explored the changes in demographics and policies with regard to immigration, voting rights, education, employment, economic security, housing, health, and criminal justice. While there are a number of anecdotal historical accounts of Mexican Americans in Texas, this book adds an evidence-based examination of racial and ethnic inequalities and changes over the past half century. The contributors trace the litigation on behalf of Latinos and other minorities in state and federal courts and the legislative changes that followed, offering public policy recommendations for the future. The fact that this study is grounded in Texas is significant, as it was the birthplace of a majority of Chicano civil rights efforts and is at the heart of Mexican American growth and talent, producing the first Mexican American in Congress, the first Mexican American federal judge, and the first Mexican American candidate for president. As the largest ethnic group in the state, Latinos will continue to play a major role in the future of Texas.
Author: Henry Louis Gates, Jr.
Publisher: Penguin
ISBN: 0525559558
Category : History
Languages : en
Pages : 322
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Book Description
“Stony the Road presents a bracing alternative to Trump-era white nationalism. . . . In our current politics we recognize African-American history—the spot under our country’s rug where the terrorism and injustices of white supremacy are habitually swept. Stony the Road lifts the rug." —Nell Irvin Painter, New York Times Book Review A profound new rendering of the struggle by African-Americans for equality after the Civil War and the violent counter-revolution that resubjugated them, by the bestselling author of The Black Church and The Black Box. The abolition of slavery in the aftermath of the Civil War is a familiar story, as is the civil rights revolution that transformed the nation after World War II. But the century in between remains a mystery: if emancipation sparked "a new birth of freedom" in Lincoln's America, why was it necessary to march in Martin Luther King, Jr.'s America? In this new book, Henry Louis Gates, Jr., one of our leading chroniclers of the African-American experience, seeks to answer that question in a history that moves from the Reconstruction Era to the "nadir" of the African-American experience under Jim Crow, through to World War I and the Harlem Renaissance. Through his close reading of the visual culture of this tragic era, Gates reveals the many faces of Jim Crow and how, together, they reinforced a stark color line between white and black Americans. Bringing a lifetime of wisdom to bear as a scholar, filmmaker, and public intellectual, Gates uncovers the roots of structural racism in our own time, while showing how African Americans after slavery combatted it by articulating a vision of a "New Negro" to force the nation to recognize their humanity and unique contributions to America as it hurtled toward the modern age. The story Gates tells begins with great hope, with the Emancipation Proclamation, Union victory, and the liberation of nearly 4 million enslaved African-Americans. Until 1877, the federal government, goaded by the activism of Frederick Douglass and many others, tried at various turns to sustain their new rights. But the terror unleashed by white paramilitary groups in the former Confederacy, combined with deteriorating economic conditions and a loss of Northern will, restored "home rule" to the South. The retreat from Reconstruction was followed by one of the most violent periods in our history, with thousands of black people murdered or lynched and many more afflicted by the degrading impositions of Jim Crow segregation. An essential tour through one of America's fundamental historical tragedies, Stony the Road is also a story of heroic resistance, as figures such as W. E. B. Du Bois and Ida B. Wells fought to create a counter-narrative, and culture, inside the lion's mouth. As sobering as this tale is, it also has within it the inspiration that comes with encountering the hopes our ancestors advanced against the longest odds.
Author: Gary L. Ford (Jr.)
Publisher: University of Alabama Press
ISBN: 0817319573
Category : Biography & Autobiography
Languages : en
Pages : 175
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Book Description
When the name Constance Baker Motley is mentioned, more often than not, the response is “Who was she?” or “What did she do?” The answer is multifaceted, complex, and inspiring. Constance Baker Motley was an African American woman; the daughter of immigrants from Nevis, British West Indies; a wife; and a mother who became a pioneer and trailblazer in the legal profession. She broke down barriers, overcame gender constraints, and operated outside the boundaries placed on black women by society and the civil rights movement. In Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice under Law, Gary L. Ford Jr. explores the key role Motley played in the legal fight to desegregate public schools as well as colleges, universities, housing, transportation, lunch counters, museums, libraries, parks, and other public accommodations. The only female attorney at the NAACP Legal Defense and Educational Fund, Inc., Motley was also the only woman who argued desegregation cases in court during much of the civil rights movement. From 1946 through 1964, she was a key litigator and legal strategist for landmark civil rights cases including the Montgomery Bus Boycott and represented Martin Luther King Jr. as well as other protesters arrested and jailed as a result of their participation in sit-ins, marches, and freedom rides. Motley was a leader who exhibited a leadership style that reflected her personality traits, skills, and strengths. She was a visionary who formed alliances and inspired local counsel to work with her to achieve the goals of the civil rights movement. As a leader and agent of change, she was committed to the cause of justice and she performed important work in the trenches in the South and behind the scene in courts that helped make the civil rights movement successful.
