Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Download or read book Civil Suits for Violations of Civil Rights written by United States. Congress. House. Committee on the District of Columbia. Subcommittee on Judiciary, Manpower, and Education and published by . This book was released on 1979 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Overview of the Privacy Act of 1974 written by United States. Department of Justice. Privacy and Civil Liberties Office and published by . This book was released on 2010 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Overview of the Privacy Act of 1974," prepared by the Department of Justice's Office of Privacy and Civil Liberties (OPCL), is a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.

Download or read book Civil Suits for Violations of Civil Rights written by United States. Congress. House. Committee on the District of Columbia and published by . This book was released on 1979 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Brown v Board of Education written by James T. Patterson and published by Oxford University Press. This book was released on 2001-03-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?

Download or read book Sword and Shield written by Mary Massaron Ross and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This fifth edition of Sword & Shield: A Practical Approach to Section 1983 Litigation is substantially reorganized to provide practitioners with easier access to the information they need as they are handling civil rights claims"--

Download or read book Civil Rights Civil Liberties Litigation written by Sheldon H. Nahmod and published by . This book was released on 1979 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS EDITION NO LONGER UPDATED. LAST UPDATE 1985 CUM.SUPPL.

Download or read book On the Limits of the Law written by Stephen C. Halpern and published by JHU Press. This book was released on 1995 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the Limits of the Law is Stephen Halpern's compelling examination of the legal struggle to control the enforcement of Title VI of the 1964 Civil Rights Act -- the historic provision prohibiting racial discrimination in programs receiving federal financial assistance. Although the provision appeared to have immense power to fight racial inequality in education,Halpern argues, attacking the problem through legal rights and litigation distorted our understanding of educational inequality based on race and limited the remedies used to address it. "Stephen Halpern has made a substantial and original contribution to the analysis of law and civil rights. Concentrating on original or primary sources and including very informative interviews, he offers a superb review of the historical and political context of the Civil Rights Act of 1964 and the United States Supreme Court's desegregation decisions. All who are interested in civil rights history and enforcement, the administrative process, and the role of courts in pursuing racial and social justice will want to read this book." -- Kenneth Tollett, Howard University

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Civil Rights Legislation written by Theodore Eisenberg and published by MICHIE. This book was released on 1991 with total page 1384 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Civil Rights Suits Against Law Enforcement written by Landmark Publications and published by . This book was released on 2020-04-23 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding civil rights suits brought against law enforcement agencies. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. * * * As the Supreme Court recently reminded us, Bivens is the byproduct of an "ancien regime." Ziglar v. Abbasi, ___ U.S. ___, 137 S. Ct. 1843, 1855, 198 L.Ed.2d 290 (2017) (quotation omitted). In 1971, the Court recognized an implied cause of action to sue federal officers for violating an arrestee's "rights of privacy" by "manacl[ing] petitioner in front of his wife and children," "threaten[ing] to arrest the entire family," and strip searching him. Bivens, 403 U.S. at 389-90, 91 S.Ct. 1999. In the next nine years, the Court recognized two more implied causes of action under Bivens: a Fifth Amendment equal protection claim for employment discrimination by a congressman, see Davis v. Passman, 442 U.S. 228, 99 S.Ct. 2264, 60 L.Ed.2d 846 (1979), and an Eighth Amendment claim for inadequate medical care by federal jailers, see Carlson v. Green, 446 U.S. 14, 100 S.Ct. 1468, 64 L.Ed.2d 15 (1980).Since 1980, however, "the Court has refused" every Bivens claim presented to it. Abbasi, 137 S. Ct. at 1857; see also ibid. (collecting cases). The Court has emphasized that Bivens, Davis, and Carlson remain good law. See id. at 1856-57. At the same time, "it is possible that the analysis in the Court's three Bivens cases might have been different if they were decided today." Id. at 1856. And it has admonished us to exercise "caution" in the "disfavored judicial activity" of extending Bivens to any new set of facts. Id. at 1857 (quotations omitted). Cantu v. Moody, 933 F. 3d 414 (5th Cir. 2019)

Download or read book Section 1557 of the Affordable Care Act written by American Dental Association and published by American Dental Association. This book was released on 2017-05-24 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 1557 is the nondiscrimination provision of the Affordable Care Act (ACA). This brief guide explains Section 1557 in more detail and what your practice needs to do to meet the requirements of this federal law. Includes sample notices of nondiscrimination, as well as taglines translated for the top 15 languages by state.

Download or read book Civil Rights 1959 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1959 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers (86) S. 435, (86) S. 456, (86) S. 499, (86) S. 810, (86) S. 957, (86) S. 958, (86) S. 959, (86) S. 960, (86) S. 1084, (86) S. 1199, (86) S. 1277, (86) S. 1848, (86) S. 1998, (86) S. 2001, (86) S. 2002, (86) S. 2003, (86) S. 2041.

Download or read book Civil Rights Suits Against Law Enforcement written by Landmark Publications and published by . This book was released on 2020-06-20 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding civil rights suits brought against law enforcement agencies. Volume 2 of the casebook covers the Sixth through the Eleventh Circuit Court of Appeals. * * * Qualified immunity shields government officials "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). It is designed to permit officials to perform their discretionary duties "without the fear of personal liability or harassing litigation." Lee v. Ferraro, 284 F.3d 1188, 1194 (11th Cir. 2002). The doctrine therefore "protect[s] from suit 'all but the plainly incompetent or one who is knowingly violating the federal law.'" Id. (quoting Willingham v. Loughnan, 261 F.3d 1178, 1187 (11th Cir. 2001), vacated 537 U.S. 801, 123 S.Ct. 68, 154 L.Ed.2d 2 (2002)). Because qualified immunity protects officials from suit as well as liability, courts must determine the validity of a claimed qualified immunity defense at the earliest possible time. Id.To deny qualified immunity at the motion to dismiss stage, we must conclude both that the allegations in the complaint, accepted as true, establish a constitutional violation and that the constitutional violation was "clearly established." Keating v. City of Miami, 598 F.3d 753, 762 (11th Cir. 2010). For these purposes, clearly established law consists of holdings of the Supreme Court, the Eleventh Circuit, or the highest court of the relevant state. See Jenkins v. Talladega City Bd. of Educ., 115 F.3d 821, 826 n.4 (11th Cir. 1997). A "public official 'must first prove that he was acting within the scope of his discretionary authority when the allegedly wrongful acts occurred'" to receive the benefit of qualified immunity. Lee, 284 F.3d at 1194 (quoting Courson v. McMillian, 939 F.2d 1479, 1487 (11th Cir. 1991)). [ . . . ] Sebastian v. Ortiz, 918 F. 3d 1301 (11th Cir. 2019)

Download or read book Civil Rights Suits Against Law Enforcement written by LandMark Publications and published by . This book was released on 2017-03-02 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues arising in civil rights suits brought against law enforcement officers and governmental entities engaged in law enforcement activities. The selection of decisions spans from 2014 to the date of publication.Section 1983 creates a private right of action against officials who, under color of state law, deprive individuals of their constitutional rights. 42 U.S.C. � 1983. Brown v. Chapman, (6th Cir. 2016). Section 1983 allows an injured person to seek damages against an individual who has violated his or her federal rights while acting under color of state law." Cillo v. City of Greenwood Village, 739 F.3d 451, 459 (10th Cir. 2013). Pauly v. White, (10th Cir. 2016)."[M]erely private conduct, no matter how discriminatory or wrongful," is not actionable under � 1983. Olson v. Carmack, (10th Cir. 2016). See also Grapentine v. Pawtucket Credit Union, 755 F. 3d 29 (1st Cir. 2014). [The] color-of-state-law requirement can be established by allegations that a private actor conspired with a state actor, see Dennis v. Sparks, 449 U.S. 24, 29 (1980). Olson v. Carmack, ibid.A Section 1983 claim has two essential elements: (1) violation of a right "secured by the Constitution and laws of the United States" by (2) "a person acting under color of state law." West v. Atkins, 487 U.S. 42, 48 (1988). A suit against persons in their official capacities functions as a suit against the municipal entity itself. See Monell v. Dep't of Soc. Servs., 436 U.S. 658, 690 n.55 (1978). For municipal actors to be acting under color of state law, they must have committed a constitutional violation while acting under an official policy or custom. Id. at 694. Thus, a municipal entity may be held liable only for an act it officially sanctioned or for the actions of an official with final policymaking authority. See City of St. Louis v. Praprotnik, 485 U.S. 112, 122-23 (1988). An official policy can be shown through an official decision or statement or through "the existence of a widespread practice that, although not authorized by written law or express municipal policy, is so permanent and well settled as to constitute a custom or usage with the force of law." Id. at 127 (quotation marks omitted). Goss v. Board of County Commissioners of Creek County, (10th Cir. 2016).

Download or read book Freedom and the Court written by Henry Julian Abraham and published by . This book was released on 1998 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic study, now completely updated, remains the basic work in the field. Freedom and the Court is the best and most comprehensive textual summary of the Supreme Court's work on civil liberties and civil rights. The new edition includes all new court decisions on civil liberties throughJanuary of 1997. Lucid, lively, impeccably researched and enormously readable, it is indispensable to the teaching of civil liberties and the Supreme Court.

Download or read book Civil Rights in the Workplace written by Henry H. Perritt (Jr.) and published by Wolters Kluwer. This book was released on 2001-01-01 with total page 914 pages. Available in PDF, EPUB and Kindle. Book excerpt: For plaintiff and defense counsel, Civil Rights in the Workplace provides complete analysis of punitive damages, compensatory damages, jury trials, and changes in providing disparate treatment and disparate impact cases. It shows you how the 1991 Act has changed the way lawyers and their clients approach employment discrimination under Title VII, the Age Discrimination and Employment Act, the Reconstruction Era Civil Rights Act, and the ADA. You get the full text -- with insightful analysis -- of the controversial Supreme Court rulings that led to the creation of the 1991 Act. Civil Rights in the Workplace provides coverage of legislative and other developments and new case law, including: Explanation of EEOC regulations applying 2008 amendments to ADA New Supreme Court case on and“catand’s pawand” theory New Supreme Court case extending Title VII retaliation claims to case in which adverse action was taken against fiancandé New Supreme Court case on when maintenance of a policy with disparate impact falls within a statute of limitations New Supreme Court case allowing retaliation claims based on oral complaints New state case holding that arbitration agreement did not divest state agency of investigative power New case finding arbitration agreement to be unconscionable New case law on relationship between ADA and FMLA New case law on statistical comparisons in disparate impact cases New court of appeals decisions allowing harassment and retaliation actions on behalf of gay employees Analysis of case finding and“Donand’t Ask, Donand’t Telland” policy to be unconstitutional and of subsequent repeal New case on sovereign immunity for state instrumentalities New court of appeals case agreeing that a Title VII was precluded by earlier Section 1983 action New case grappling with choice of law questions in international context