Understanding Civil Rights Litigation

Understanding Civil Rights Litigation PDF

Author: Howard M. Wasserman

Publisher: Carolina Academic Press LLC

Published: 2023

Total Pages: 0

ISBN-13: 9781531022341

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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.

Civil Rights Legislation and Litigation, Second Edition 2013

Civil Rights Legislation and Litigation, Second Edition 2013 PDF

Author: Rosalie Berger Levinson

Publisher: Vandeplas Pub.

Published: 2013-07

Total Pages: 822

ISBN-13: 9781600421969

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The goal of this book is to provide law students with an understanding of the major federal civil rights statutes. We begin with the Reconstruction Era laws, passed shortly after the Civil War, that remain an important part of the civil rights landscape even after Congress enacted additional statutes, beginning with the Civil Rights Act of 1964. The materials include Titles II and VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Equal Pay Act, as well as three federal funding statutes that prohibit discrimination-the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and Title IX of the Education Amendments of 1972. Some of the statutes overlap and we explore the advantages and disadvantages of each, looking at the enforcement options, remedies, including damages and attorney fees, defenses, and limitations on the power of Congress to pass such acts. More than thirty problems provide the students with an opportunity to apply the statutes they study. About the authors: The authors, Rosalie Berger Levinson and Ivan E. Bodensteiner, have taught a civil rights course, as well as Constitutional Law, for many years and have several years of experience litigating civil rights claims. They are the authors of a five-volume civil rights treatise, which is supplemented annually.

Strategic Human Rights Litigation

Strategic Human Rights Litigation PDF

Author: Helen Duffy

Publisher: Bloomsbury Publishing

Published: 2018-09-06

Total Pages: 328

ISBN-13: 1509921990

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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.

Julius Chambers

Julius Chambers PDF

Author: Richard A. Rosen

Publisher: UNC Press Books

Published: 2016-10-18

Total Pages: 406

ISBN-13: 1469628554

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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.

On the Limits of the Law

On the Limits of the Law PDF

Author: Stephen C. Halpern

Publisher: JHU Press

Published: 1995

Total Pages: 422

ISBN-13: 9780801848971

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On the Limits of the Law is Stephen Halpern's compelling examination of the legal struggle to control the enforcement of Title VI of the 1964 Civil Rights Act -- the historic provision prohibiting racial discrimination in programs receiving federal financial assistance. Although the provision appeared to have immense power to fight racial inequality in education,Halpern argues, attacking the problem through legal rights and litigation distorted our understanding of educational inequality based on race and limited the remedies used to address it. "Stephen Halpern has made a substantial and original contribution to the analysis of law and civil rights. Concentrating on original or primary sources and including very informative interviews, he offers a superb review of the historical and political context of the Civil Rights Act of 1964 and the United States Supreme Court's desegregation decisions. All who are interested in civil rights history and enforcement, the administrative process, and the role of courts in pursuing racial and social justice will want to read this book." -- Kenneth Tollett, Howard University

Representing the Race

Representing the Race PDF

Author: Kenneth W. Mack

Publisher: Harvard University Press

Published: 2012-05

Total Pages: 353

ISBN-13: 0674065301

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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.

The Lost Promise of Civil Rights

The Lost Promise of Civil Rights PDF

Author: Risa L. Goluboff

Publisher: Harvard University Press

Published: 2009-01-01

Total Pages: 385

ISBN-13: 0674034694

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Listen to a short interview with Risa Goluboff Host: Chris Gondek | Producer: Heron & Crane In this groundbreaking book, Risa L. Goluboff offers a provocative new account of the history of American civil rights law. The Supreme Court's decision in Brown v. Board of Education has long dominated that history. Since 1954, generations of judges, lawyers, and ordinary people have viewed civil rights as a project of breaking down formal legal barriers to integration, especially in the context of public education. Goluboff recovers a world before Brown, a world in which civil rights was legally, conceptually, and constitutionally up for grabs. Then, the petitions of black agricultural workers in the American South and industrial workers across the nation called for a civil rights law that would redress economic as well as legal inequalities. Lawyers in the new Civil Rights Section of the Department of Justice and in the NAACP took the workers' cases and viewed them as crucial to attacking Jim Crow. By the time NAACP lawyers set out on the path to Brown, however, they had eliminated workers' economic concerns from their litigation agenda. When the lawyers succeeded in Brown, they simultaneously marginalized the host of other harms--economic inequality chief among them--that afflicted the majority of African Americans during the mid-twentieth century. By uncovering the lost challenges workers and their lawyers launched against Jim Crow in the 1940s, Goluboff shows how Brown only partially fulfilled the promise of civil rights.

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