Civil Rights and Constitutional Litigation: Cases and Materials
The materials in this text are presented in two parts: constitutional litigation (Part One), and civil rights (Part Two). Teachers can use this book to create courses in constitutional litigation; civil rights policy; statutory enforcement of civil rights; or the intersection of constitutional litigation and legislative policy on civil rights. Substantially revised with all-new Notes, especially in the constitutional litigation section. Part Two includes all-new material on sexual harassment under both Titles IX and VII. The materials on disability discrimination have been expanded substantially. There is new emphasis on the constitutional power of Congress to enact civil rights laws.
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Table of Cases
PART ONE THE ORIGINAL CIVIL RIGHTS STATUTES
B Elements of a Plaintiffs 1983 ClaimDeprivations of Consti
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absolute immunity affirmative alleged applied authority award cause of action citizens City Civil Rights Act claim common law concurring conduct Congress congressional conspiracy constitutional rights constitutional violation context County Court of Appeals criminal decision declaratory defendant deliberate indifference deprivation disability discriminatory dissenting District Court doctrine Due Process Clause effect Eighth Amendment Eleventh Amendment employees employment enforce equal protection federal court Fourteenth Amendment Fourth Amendment governmental held holding impact individual injunction injury involved issue judge judgment judicial jury Justice Brennan Justice Rehnquist L.Ed legislative history liability limited litigation ment municipal Negroes Note officials persons petitioners plaintiff prison procedural prosecution qualified immunity question race racial discrimination reason regulations relief remedy respondents rule S.Ct sovereign immunity standard statute statutory substantial substantive due process suit supra Supreme Court Thirteenth Amendment tion Title IX Title VII tort trial unconstitutional United