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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.
Managing public employment cases in today's volatile, fast changing legal arena is no easy task. Just keeping up with the complex developments in constitutional, labor, civil service, administrative, and common law can be a full-time job. Aspen Publishers' Public Employee Discharge and Discipline is the definitive work on every aspect of public employment law. This invaluable two-volume resource is the only one of its kind to deal with all public employment disciplinary and discharge issues for federal, state and municipal employees. The Third Edition offers thorough analysis and in-depth discussion of such essential topics as: First Amendment and whistleblowing Public sector collective bargaining and arbitration Due process in discipline and discharge Administrative and judicial review Title VII, ADA, FMLA, and other discrimination laws Sexual harassment under 1983, Title IX, and Title VII Drug testing Invasion of privacy Applicability of common law tort and contract principles of wrongful discharge Summaries of federal and state cases Also, with Public Employee Discharge and Discipline, you will also get a BONUS CD-ROM containing over 30 easy-access, customizable forms as well as current surveys of state and federal cases! Public Employee Discharge and Discipline has been updated with the latest developments, including: Latest developments in the movement to limit or abrogate public employment collective bargaining Gross v. FBL Financial Services, a Supreme Court decision requiring an employee to prove that age discrimination was andquot;the soleandquot; and andquot;but forandquot; cause of discharge under the ADEA, 29 U.S.C. and§ 623(a) Adoption of Gross andquot;Sole Motiveandquot; Standard by Seventh Circuit in Fairley v. Andrews and Serwatka v. Rockwell Analysis of Thompson v. N.A. Stainless L.P., a 2011 unanimous Supreme Court decision that retaliation against a fiancandée for an employee's Title VII claim was actionable Discussion of Staub v. Proctor, another 2011 unanimous Supreme Court decision that a supervisor's bias may be andquot;a motivating factorandquot; for, and a proximate cause of, a discriminatory discharge, if it played some role in contributing to it, whether or not a non-biased decisionmaker conducted an independent investigation Evidentiary issues in discrimination litigation, including Sprint/United Management Co. v. Mendelsohn, a Supreme Court holding that andquot;me tooandquot; evidence of age discrimination - comments against other employees by other supervisors - may be admissible if relevant to the culture of the employer and Reid v. Google, Inc., a California Supreme Court decision that non-decisionmaker co-workers' andquot;stray remarksandquot; were relevant to an age discrimination claim Discussion of 14 Penn Plaza LLC v. Pyett, a Supreme Court decision that a CBA providing arbitration as the sole remedy for ADEA claims and noting that Gilmer andquot;fully applies in the collective bargaining contextandquot; City of Ontario v. Quon, wherein the Supreme Court upheld monitoring of employer issued text-messaging devices to determine whether costs to the police department were being unduly inflated by personal calls as a andquot;reasonableandquot; search under the Fourth Amendment In re Golinski, a Ninth Circuit decision that denial of health benefits to married homosexual federal employee under the Health Benefits Act, 5 U.S.C. and§ 8903(1) because of a purported ban under the Defense of Marriage Act, 1 U.S.C. and§ 7, was impermissible under principles of statutory interpretation and other decisions that DOMA violated Equal Protection Continuing a
Stretching south from 47th Street to the Midway Plaisance and east from Washington Park to the lake’s shore, the historic neighborhood of Hyde Park—Kenwood covers nearly two square miles of Chicago’s south side. At one time a wealthy township outside of the city, this neighborhood has been home to Chicago’s elite for more than one hundred and fifty years, counting among its residents presidents and politicians, scholars, athletes, and fiery religious leaders. Known today for the grand mansions, stately row houses, and elegant apartments that these notables called home, Hyde Park—Kenwood is still one of Chicago’s most prominent locales. Physically shaped by the Columbian Exposition of 1893 and by the efforts of some of the greatest architects of the nineteenth and twentieth centuries—including Daniel Burnham, Frank Lloyd Wright, Mies Van Der Rohe—this area hosts some of the city’s most spectacular architecture amid lush green space. Tree-lined streets give way to the impressive neogothic buildings that mark the campus of the University of Chicago, and some of the Jazz Age’s swankiest high-rises offer spectacular views of the water and distant downtown skyline. In Chicago’s Historic Hyde Park, Susan O’Connor Davis offers readers a biography of this distinguished neighborhood, from house to home, and from architect to resident. Along the way, she weaves a fascinating tapestry, describing Hyde Park—Kenwood’s most celebrated structures from the time of Lincoln through the racial upheaval and destructive urban renewal of the 1940s, 50s, and 60s into the preservationist movement of the last thirty-five years. Coupled with hundreds of historical photographs, drawings, and current views, Davis recounts the life stories of these gorgeous buildings—and of the astounding talents that built them. This is architectural history at its best.
In recent years, community policing has transformed American law enforcement by promising to build trust between citizens and officers. Today, three-quarters of American police departments claim to embrace the strategy. But decades before the phrase was coined, the New York City Housing Authority Police Department (HAPD) had pioneered community-based crime-fighting strategies. The Last Neighborhood Cops reveals the forgotten history of the residents and cops who forged community policing in the public housing complexes of New York City during the second half of the twentieth century. Through a combination of poignant storytelling and historical analysis, Fritz Umbach draws on buried and confidential police records and voices of retired officers and older residents to help explore the rise and fall of the HAPD's community-based strategy, while questioning its tactical effectiveness. The result is a unique perspective on contemporary debates of community policing and historical developments chronicling the influence of poor and working-class populations on public policy making.
How did Chicago, a city known for commerce, come to have such a splendid public waterfront—its most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become the primary principle for mediating clashes between public and private lakefront rights. Lakefront compares the effectiveness of the public trust idea to other property doctrines, and assesses the role of the law as compared with more institutional developments, such as the emergence of sanitary commissions and park districts, in securing the protection of the lakefront for public uses. By charting its history, Kearney and Merrill demonstrate that the lakefront's current status is in part a product of individuals and events unique to Chicago. But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. Throughout, the law, while also in a state of continual change, has played at least a supporting role.