"This book provides an overview 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"-- Provided by publisher.
Author: Howard M. Wasserman
Publisher: Carolina Academic Press LLC
Category: Civil procedure
Tracks the materials surveyed in a number of widely used civil rights casebooks. Includes the principal Reconstruction Acts, related criminal provisions, Title VI of the 1964 Civil Rights Act, Civil Rights Attorney's Fees Act of 1976, 42 U.S.C. Section 1982, Title VIII of the 1968 Fair Housing Act, Title IX of the Education Amendments of 1972, Individuals With Disabilities Education Act, Voting Rights Acts, and the Americans With Disabilities Act of 1990. Cites several recent cases, including Buckhannon, Alexander v. Sandoval, Wilson v. Layne; Hafer v. Melo, United States v. Lanier, Kolstad v. American Dental Ass'n, and Suter v. Artist.
Author: Harold S. Lewis,Elizabeth J. Norman
Publisher: West Group
Like all the other volumes in the Stories collection, 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.
Author: Myriam E. Gilles,Risa Lauren Goluboff
Listen to a short interview with Risa GoluboffHost: 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.
Author: Risa Lauren Goluboff
Publisher: Harvard University Press
What is Section 1983? "Section 1983" refers to 42 U.S.C. 1983, the federal statute that enables you to file a civil action for deprivation of constitutional and federal statutory rights by persons acting under "color of law." Originally enacted in 1871, Section 1983 litigation experienced a period of dormancy, until 1961 and the landmark Supreme Court case, Monroe v. Pape, 365 U.S. 167 (1961), which gave private litigants a federal court remedy as a first resort rather than only in default of (or after) state action. Today, Section 1983 actions most commonly involve 1st Amendment issues like freedom of speech; 4th Amendment issues like search and seizure or use of force; 8th Amendment issues like cruel and unusual punishment; and 14th Amendment claims of due process violations."
Author: Federal Judicial Federal Judicial Center,Karen M. Karen M. Blum,Kathryn R. Urbonya
Publisher: Createspace Independent Publishing Platform
Since at least the time of Tocqueville, observers have noted that Americans draw on the language of rights when expressing dissatisfaction with political and social conditions. As the United States confronts a complicated set of twenty-first-century problems, that tradition continues, with Americans invoking symbolic events of the founding era to frame calls for change. Most observers have been critical of such “rights talk.” Scholars on the left worry that it limits the range of political demands to those that can be articulated as legally recognized rights, while conservatives fear that it creates unrealistic expectations of entitlement. Drawing on a remarkable cache of Depression-era complaint letters written by ordinary Americans to the Justice Department, George I. Lovell challenges these common claims. Although the letters were written prior to the emergence of the modern civil rights movement—which most people assume is the origin of rights talk—many contain novel legal arguments, including expansive demands for new entitlements that went beyond what authorities had regarded as legitimate or required by law. Lovell demonstrates that rights talk is more malleable and less constraining than is generally believed. Americans, he shows, are capable of deploying idealized legal claims as a rhetorical tool for expressing their aspirations for a more just society while retaining a realistic understanding that the law often falls short of its own ideals.
Discovering Rights Talk in 1939 America
Author: George I. Lovell
Publisher: University of Chicago Press
Have you been confused by a lawsuit? We can help. Millions of civil lawsuits are filed in the U.S. court system, costing billions of dollars in legal fees to those involved. The process is so complex that few people can pursue civil action without professional help, leaving them totally at a lawyer's mercy. Yet how many people truly know what they're getting into when they're involved in a lawsuit? The Complete Idiot's Guide® to Lawsuits clarifies the entire process in layman's terms. Expert litigator and law professor Victoria E. Green offers valuable insight into: ?The pros and cons of filing lawsuits ?How they begin and each party's response ?Selecting and paying attorneys ?Consequences of the settlement and appeals
Author: Victoria E. Green, J.D.
This collection of cases, materials, article excerpts, notes, commentaries, and essays is designed to reveal civil rights strategies through close readings of the language and underlying assumptions in judicial opinions. It examines their similarities and differences across identity categories and compares them with insights garnered from the wide range of trans-disciplinary scholarly excerpts surrounding the case text.
A Civil Rights Reader
Author: Leslie Bender,Daan Braveman
Publisher: West Academic Publishing
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.
Understanding and Maximising Impact
Author: Helen Duffy
Publisher: Bloomsbury Publishing
The struggle for racial equality in the North has been a footnote in most books about civil rights in America. Now this monumental new work from one of the most brilliant historians of his generation sets the record straight. Sweet Land of Liberty is an epic, revelatory account of the abiding quest for justice in states from Illinois to New York, and of how the intense northern struggle differed from and was inspired by the fight down South. Thomas Sugrue’s panoramic view sweeps from the 1920s to the present–more than eighty of the most decisive years in American history. He uncovers the forgotten stories of battles to open up lunch counters, beaches, and movie theaters in the North; the untold history of struggles against Jim Crow schools in northern towns; the dramatic story of racial conflict in northern cities and suburbs; and the long and tangled histories of integration and black power. Appearing throughout these tumultuous tales of bigotry and resistance are the people who propelled progress, such as Anna Arnold Hedgeman, a dedicated churchwoman who in the 1930s became both a member of New York’s black elite and an increasingly radical activist; A. Philip Randolph, who as America teetered on the brink of World War II dared to threaten FDR with a march on Washington to protest discrimination–and got the Fair Employment Practices Committee (“the second Emancipation Proclamation”) as a result; Morris Milgram, a white activist who built the Concord Park housing development, the interracial answer to white Levittown; and Herman Ferguson, a mild-mannered New York teacher whose protest of a Queens construction site led him to become a key player in the militant Malcolm X’s movement. Filled with unforgettable characters and riveting incidents, and making use of information and accounts both public and private, such as the writings of obscure African American journalists and the records of civil rights and black power groups, Sweet Land of Liberty creates an indelible history. Thomas Sugrue has written a narrative bound to become the standard source on this essential subject. From the Hardcover edition.
The Forgotten Struggle for Civil Rights in the North
Author: Thomas J. Sugrue
Publisher: Random House
California Civil Litigation, fifth edition, is designed to provide paralegal students and practicing paralegals with information, skills, and experience. It follows the litigation process chronologically from initial client questions and contracts, to ethical issues, through the pleading and discovery phases, to trial, post-trial and appeal. Each phase of litigation is explored through official forms and drafted documents and each chapter includes highlighted glossary words and definitions to enable the reader to learn the technical language of litigation. In addition to the usual probing discussion questions, each chapter includes online projects requiring the reader to locate and analyze relevant Internet material. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Author: Susan Burnett Luten
Publisher: Cengage Learning
Prisoners' Self-Help Litigation Manual, in its much-anticipated fourth edition, is an indispensable guide for prisoners and prisoner advocates seeking to understand the rights guaranteed to prisoners by law and how to protect those rights. Clear, comprehensive, practical advice provides prisoners with everything they need to know on conditions of confinement, civil liberties in prison, procedural due process, the legal system, how to litigate, conducting effective legal research, and writing legal documents. Written by two legal and penitentiary experts with intimate knowledge of prisoner's rights and legal aid work, authors John Boston and Daniel E. Manville strategically focus on federal constitutional law, providing prisoners and those wishing to assist them with the most important information concerning legal rights. Over the past decade, prison law and conditions have changed significantly. This new edition is updated to include the most relevant prisoners' rights topics and approaches to litigation. Updates include all aspects of prison life as well as material on legal research, legal writing, types of legal remedies, and how to effectively use those remedies. Certainly the most authoritative, well-organized and relevant prisoner's rights manual available - - the eagerly awaited fourth edition should be purchased by everyone interested in civil rights for the incarcerated.
Author: John Boston,Daniel E Manville
Publisher: Oxford University Press
Author: Oscar G. Chase,Robert A. Barker
Publisher: Lexis Nexis
Offers concepts of and insights into the forms and functions of complex litigation issues, including their implications. Helps students in such courses to review and study, as well as serves as a reference book for students once they are in practice.
Problems in Advanced Civil Procedure
Author: Jay Tidmarsh,Roger H. Trangsrud
This book extends what we know about the development of civil rights and the role of the NAACP in American politics. Through a sweeping archival analysis of the NAACP's battle against lynching and mob violence from 1909 to 1923, this book examines how the NAACP raised public awareness, won over American presidents, secured the support of Congress, and won a landmark criminal procedure case in front of the Supreme Court.
Author: Megan Ming Francis
Publisher: Cambridge University Press
Category: Political Science
Succeed in your role as a paralegal with CIVIL LITIGATION, Seventh Edition. Practical, easy-to-understand, and thoroughly up-to-date, this proven book helps you grasp the details of today's litigation practice, covers the litigation process in a range of contexts, and demonstrates the relationship of litigation to other legal specialties. Each chapter includes exercises focusing on two cases, giving you the opportunity to work the cases from beginning to end, simulating an on-the-job experience. You'll also find sample documents (such as complaints, answers, interrogatories, and deposition summaries) that familiarize you with the documents you will encounter in the litigation law office. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Author: Peggy Kerley,Joanne Banker Hames,Paul Sukys, J.D.
Publisher: Cengage Learning
While Brown vs. Board of Education had a significant impact by bringing race issues to public attention and mobilizing supporters of the ruling, it also energized the opposition. In this account of the history of constitutional law concerning race, legal scholar Michael Klarman details the ways in which Supreme Court decisions have had consequences for race relations in America.--From publisher description
The Supreme Court and the Struggle for Racial Equality
Author: Michael J. Klarman
Publisher: Oxford University Press
For courses in civil litigation. Multimedia introduction to civil litigation, from pre- to posttrial Civil Litigation: Process and Procedures teaches students the skills they need to pursue careers in civil litigation, from the details of the litigation process, to the work of paralegals, to pretrial preparation and posttrial procedures. Throughout the text, the authors integrate video simulations and hands-on activities, some of which lead students to create documents they can include in a professional portfolio. In addition to updated laws and procedures, the 4th edition includes a new Virtual Law Office Experience to help students prepare for the workplace.
Process and Procedures
Author: Thomas Goldman,Alice Hart Hughes
Category: Civil procedure
We the Corporations chronicles the revelatory story of one of the most successful, yet least known, “civil rights movements” in American history. We the Corporations chronicles the astonishing story of one of the most successful yet least well-known “civil rights movements” in American history. Hardly oppressed like women and minorities, business corporations, too, have fought since the nation’s earliest days to gain equal rights under the Constitution—and today have nearly all the same rights as ordinary people. Exposing the historical origins of Citizens United and Hobby Lobby, Adam Winkler explains how those controversial Supreme Court decisions extending free speech and religious liberty to corporations were the capstone of a centuries-long struggle over corporate personhood and constitutional protections for business. Beginning his account in the colonial era, Winkler reveals the profound influence corporations had on the birth of democracy and on the shape of the Constitution itself. Once the Constitution was ratified, corporations quickly sought to gain the rights it guaranteed. The first Supreme Court case on the rights of corporations was decided in 1809, a half-century before the first comparable cases on the rights of African Americans or women. Ever since, corporations have waged a persistent and remarkably fruitful campaign to win an ever-greater share of individual rights. Although corporations never marched on Washington, they employed many of the same strategies of more familiar civil rights struggles: civil disobedience, test cases, and novel legal claims made in a purposeful effort to reshape the law. Indeed, corporations have often been unheralded innovators in constitutional law, and several of the individual rights Americans hold most dear were first secured in lawsuits brought by businesses. Winkler enlivens his narrative with a flair for storytelling and a colorful cast of characters: among others, Daniel Webster, America’s greatest advocate, who argued some of the earliest corporate rights cases on behalf of his business clients; Roger Taney, the reviled Chief Justice, who surprisingly fought to limit protections for corporations—in part to protect slavery; and Roscoe Conkling, a renowned politician who deceived the Supreme Court in a brazen effort to win for corporations the rights added to the Constitution for the freed slaves. Alexander Hamilton, Teddy Roosevelt, Huey Long, Ralph Nader, Louis Brandeis, and even Thurgood Marshall all played starring roles in the story of the corporate rights movement. In this heated political age, nothing can be timelier than Winkler’s tour de force, which shows how America’s most powerful corporations won our most fundamental rights and turned the Constitution into a weapon to impede the regulation of big business.
Author: Adam Winkler
Publisher: Liveright Publishing