Understanding Civil Rights Litigation

Understanding Civil Rights Litigation
Author: Howard M. Wasserman
Publisher: Carolina Academic Press LLC
Total Pages: 0
Release: 2023
Genre: Civil procedure
ISBN: 9781531022341

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.

Strategic Human Rights Litigation

Strategic Human Rights Litigation
Author: Helen Duffy
Publisher: Bloomsbury Publishing
Total Pages: 329
Release: 2018-09-06
Genre: Law
ISBN: 1509921990

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.

Section 1983 Litigation

Section 1983 Litigation
Author: Martin A. Schwartz
Publisher: Aspen Pub
Total Pages: 1956
Release: 2003
Genre: Law
ISBN: 9780735538726

Section 1983 Litigation

Civil Rights and Constitutional Litigation

Civil Rights and Constitutional Litigation
Author: Charles F. Abernathy
Publisher: West Academic Publishing
Total Pages: 0
Release: 2012
Genre: Civil rights
ISBN: 9780314267870

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

Julius Chambers

Julius Chambers
Author: Richard A. Rosen
Publisher: UNC Press Books
Total Pages: 406
Release: 2016-10-18
Genre: Biography & Autobiography
ISBN: 1469628554

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.

The Making of a Civil Rights Lawyer

The Making of a Civil Rights Lawyer
Author: Michael Meltsner
Publisher: University of Virginia Press
Total Pages: 336
Release: 2006
Genre: Biography & Autobiography
ISBN: 9780813926957

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.

Representing the Race

Representing the Race
Author: Kenneth W. Mack
Publisher: Harvard University Press
Total Pages: 353
Release: 2012-05
Genre: Biography & Autobiography
ISBN: 0674065301

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.