Section 1983 Litigation

Section 1983 Litigation PDF

Author: Schwartz

Publisher: Wolters Kluwer

Published: 1997-01-01

Total Pages: 6176

ISBN-13: 0471117617

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In this invaluable three-volume set, you'll get an analysis of every aspect of the statute from the plaintiffs' and defendants' side of the courtroom - from direction on potential to considerations about choice of forum. This reference also gives you citations to state and district court decisions and circuit-by-circuit breakdowns of leading decisions. Plus, you'll explore constitutional rights enforceable under Section 1983, every facet of municipal liability and qualified immunity, bifurcating claims against officers and municipalities, and more. Martin A. Schwartz, an expert of Section 1983 actions, goes a step further and provides positions on open issues. Also available as part of the Section 1983 Litigation Complete Six-Volume Set.

Law of Lawyering

Law of Lawyering PDF

Author: Hazard

Publisher: Wolters Kluwer

Published:

Total Pages: 2774

ISBN-13: 1454812087

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The Law of Lawyering shows how to approach concrete problems that arise in everyday practice while staying within the letter and spirit of the ABA Model Rules of Professional Conduct. It provides the full text of each Model Rule provision in sequence, followed by the authors' guidance and commentary, which put the rule into context, help identify its key features, and show its relation to other Rules and the ALI's Restatement of the Law Governing Lawyers. Clear, realistic examples demonstrate how each Rule applies in practice. Substantially revised in this two-volume Fourth Edition to reflect the recent revisions of to the Model Rules of Professional Conduct, this essential book reflects the latest developments in the law governing lawyer conduct, not only lawyer discipline, but also legal malpractice, suits for breach of fiduciary duty, fee-dispute litigation and fee forfeiture, and disqualification of counsel for conflict of interest.

Modern American Remedies

Modern American Remedies PDF

Author: Douglas Laycock

Publisher: Aspen Publishing

Published: 2018-10-23

Total Pages: 1930

ISBN-13: 1543805477

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Modern American Remedies: Cases and Materials, Fifth Edition is highly respected for its original and logical conceptual framework, comprehensive coverage, excellent case selection, and authoritative and well-written notes. The text achieves a balance of public and private law, and teaches and critiques the basics of economic analysis as applied to remedies issues. New to the Fifth Edition: New co-author Richard L. Hasen, author of Remedies: Examples and Explanations, a problem-based study guide and secondary adoptable for the casebook Key legal developments through the Supreme Court’s June 2018 decisions, including litigation surrounding President Trump’s travel ban Updated material on cy pres settlements in anticipation of Frank v. Gaos, the Supreme Court case involving Google Recent case law regarding the Third Restatement’s approach to unjust enrichment New, updated, or expanded notes on current issues, such as The rise of nationwide injunctions in challenges to federal policy Disputes over the scope of qualified immunity rules for government officials, especially police officers Donald Trump, Stormy Daniels, and Michael Cohen’s business partner A new drafting assignment involving an injunction in a case of same-sex harassment in employment New principal cases: Commercial Real Estate Investment v. Comcast of Utah, on new approaches to liquidated damages Sunnyland Farms v. Central New Mexico Electric Coop, on proximate cause in tort and contract Brown v. Plata, on structural injunctions and reform of prisons Lord & Taylor v. White Flint, on specific performance of long term contracts Armstrong v. Exceptional Child Center, on implied rights of action and the federal equity power Bonina v. Sheppard, on measuring restitution from innocent defendants In re Hypnotic Taxi LLC, on the standards for pre-judgment attachments James v. National Financial, LLC, on unconscionability in consumer contracts Arizona Libertarian Party v. Reagan, on laches in election cases Professors and students will benefit from: Strong conceptual organization based on remedies categories—compensatory and punitive damages, injunctions, restitution, declaratory judgments, enforcement of judgments (contempt and collections), attorneys’ fees, and remedial defenses—and in terms of daily teaching units of roughly equal length, each unit having a clear central theme Appropriate balance of public and private law Highly teachable and memorable cases, well edited and supported by informative and authoritative notes Coverage and critique of basic law and economics as applied to key remedies issues Plenty of information to support class discussion, case analysis, and applying concepts to varied fact patterns Teaching materials include: Cases and notes from previous editions omitted from the 5th Edition available online Annual Professor’s Update or Supplement Excellent Teacher’s Manual (as PDF or Word files), including: Introduction Transition Guide Designing the Remedies Course Introduction, daily teaching units, suggested assignment sheets Sample Syllabi for a 1, 2, 3, 4, or 5 hour course Suggestions for teaching the cases (all units, all chapters) Wrapping Up: An Overview Lecture

Sword and Shield

Sword and Shield PDF

Author: Mary Massaron Ross

Publisher: American Bar Association

Published: 2006

Total Pages: 598

ISBN-13: 9781590317662

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Traces the lines of authority that set forth the parameters for an illegal search and seizure claim or examining the emerging retaliation theories brought by public employees. The book contains expert analysis and provides lawyers with a practical approach to this technically difficult and ever-evolving area of law cover subjects such as: The procedural intricacies of Section 1983 litigation in court; causation; municipal and supervisory liability; state liability (Eleventh Amendment); preclusion defenses; survivorship and wrongful death; abstention doctrines, and more.

Federal Courts

Federal Courts PDF

Author: Michael Finch

Publisher: Aspen Publishing

Published: 2020-02-02

Total Pages: 1116

ISBN-13: 1543809030

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Federal Courts: Context, Cases, and Problems, Third Edition by Michael Finch, Caprice L. Roberts and Michael P. Allen is an innovative, highly accessible casebook that features problems, cases connected by narrative text, charts, and graphs, all presented in a manner suited to multiple teaching approaches. New to the Third Edition: Updates to each chapter with key cases, text additions, and doctrinal developments, e.g. Markazi, Patchak, diversity jurisdiction via removal, and Ziglar v. Abbasi. New incorporation of thoughtful revisions to streamline comprehension and eliminates unnecessary explorations based on adopter feedback while maintaining all seminal cases. Updated charts, graphs, and problems based on new data, statistics, and cases such as Facebook, Spokeo, Sprint v. Jacobs, and McDonough v. Smith. Sharpened case excerpts to enhance reading assignments and deepen discussions. Professors and students will benefit from: Application opportunities with the included Reference Problems, questions, and additional problems. Clarity of textual material that includes doctrinal highlights, decision trees, diagrams, charts, and other dynamic visual aids. Crisp, insightful case excerpts with helpful connecting explanatory text. Teaching materials include: Teacher’s Manual Sample syllabi