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The goal of this book remains the same-to provide law students with an understanding of the major federal civil rights statutes.
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.
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.
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.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Italy. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Italy will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Brazil. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Brazil will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.