• Civil Rights Legislation: Cases and Materials, Fifth Edition, 2004
 
 
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Civil Rights Legislation: Cases and Materials, Fifth Edition, 2004

Civil Rights Legislation: Cases and Materials, Fifth Edition, 2004

Theodore Eisenberg, Henry Allen Mark Professor of Law, Cornell Law School


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    The Fifth Edition of Civil Rights Legislation includes:

  • The latest materials on the basic principles of section 1983 and the Bivens doctrine (including Hope v. Peltzer and Correctional Services Corp. v. Malesko) 
  • Issues under the Prison Litigation Reform Act (including Miller v. French, Porter v. Nussle, and Booth v. Churner) 
  • Issues arising from federal habeas corpus (Demore v. Kim, Duncan v. Walker, Williams v. Taylor, Penry v. Johnson, Lockyer v. Andrade, and Wiggins v. Smith)
  • Treatment of sovereign immunity (including Kimel v. Florida Board of Regents, Federal Maritime Comm'n v. South Carolina State Ports Authority, Board of Trustees of the University of Alabama v. Garrett, and Raygor v. Regents of the University of Minnesota) 
  • Issues related to the scope of congressional authority (including United States v. Morrison and Nevada Department of Human Resources v. Hibbs)
  • Treatment of substantive civil rights legislation such as Title VI and Title VII (including Alexander v. Sandoval, Reeves v. Sanderson Plumbing Prods., Inc., Pollard v. E.I. du Pont De Nemours & Co., and Circuit City Stores v. Adams)

    • The Fifth Edition of Civil Rights Legislation also covers all major recent developments in the growing area of litigation under the Americans with Disabilities Act, including:

  • Conditions that impair performance but that do not impair major life activities (Toyota Motor Manufacturing, Kentucky, Inc. v. Williams) 
  • Reshuffling seniority as a reasonable accommodation (US Airways v. Barnett)
  • Punitive damages under the ADA (Barnes v. Gorman)
  • Sovereign immunity (Board of Trustees of the University of Alabama v. Garrett)
  • Attorneys fees (Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources and Board of Trustees of the University of Alabama v. Garrett)
  • Definition of disability (Sutton v. United Air Lines, Inc., Murphy v. United Parcel Service, Inc., and Albertsons, Inc. v. Kirkingburg)
  • Relation to disability under Social Security laws (Cleveland v. Policy Management Systems Corp.)
  • Institutionalization of the mentally ill (Olmstead v. L.C.)

    • A revised Documents Supplement is available.

    Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

    This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 ½ x 11 inch paper with wider margins and with the same pagination as the hardbound book.

    PART ONE: CIVIL RIGHTS LEGISLATION TO PROTECT CONSTITUTIONAL RIGHTS

    CHAPTER 1. INTRODUCTION AND BACKGROUND . . . 3
    A. A BRIEF HISTORY OF FEDERAL CIVIL RIGHTS ACTIVITY . . . 3
    B. THE THIRTEENTH AMENDMENT, THE BLACK CODES, AND THE CIVIL RIGHTS ACT OF 1866 . . . 11
    C. THE FOURTEENTH AMENDMENT AND ITS EARLY DEVELOPMENT . . . 24

    CHAPTER 2. THE SECTION 1983 CAUSE OF ACTION . . . 61
    A." . . . RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED BY THE CONSTITUTION . . ." . . . 61
    B. "UNDER COLOR OF" LAW . . . 67
    C. THE SCOPE OF SECTION 1983 AFTER MONROE v. PAPE . . . 100
    D. ACTIONS AGAINST FEDERAL OFFICIALS . . . 146
    E. THE REALITY OF CONSTITUTIONAL TORT CLAIMS . . . 170

    CHAPTER 3. DEFENSES AND IMMUNITIES OF INDIVIDUALS . . . 183
    A. LEGISLATIVE IMMUNITY . . . 183
    B. JUDICIAL AND PROSECUTORIAL IMMUNITY . . . 208
    C. QUALIFIED IMMUNITY FOR MEMBERS OF THE EXECUTIVE BRANCH . . . 245
    D. SUPERVISORY LIABILITY UNDER SECTION 1983 . . . 275

    CHAPTER 4. DEFENSES AND IMMUNITIES OF GOVERNMENTAL ENTITIES . . . 285
    A. LIABILITY OF MUNICIPALITIES . . . 285
    B. SOVEREIGN IMMUNITY . . . 335

    CHAPTER 5. RELATIONSHIPS BETWEEN STATE AND FEDERAL COURTS IN CIVIL RIGHTS ACTIONS . . . 427
    A. FEDERAL HABEAS CORPUS . . . 427
    B. EXHAUSTION OF REMEDIES IN CIVIL RIGHTS CASES . . . 498
    C. RES JUDICATA AND SECTION 1983 . . . 517
    D. THE FLOOD OF FEDERAL COURT PRISONER CASES . . . 537
    E. ABSTENTION . . . 547
    F. THE DOCTRINE OF YOUNGER v. HARRIS . . . 556

    CHAPTER 6. REMEDIES FOR VIOLATIONS OF CONSTITUTIONAL RIGHTS . . . 591
    A. DAMAGES . . . 591
    B. ATTORNEY FEES . . . 598
    C. STATE LAW IN FEDERAL CIVIL RIGHTS CASES . . . 618
    D. EQUITABLE RELIEF . . . 645

    CHAPTER 7. ADDITIONAL STATUTORY REMEDIES FOR VIOLATIONS OF CONSTITUTIONAL RIGHTS . . . 715
    A. CRIMINAL SANCTIONS AGAINST OFFICIAL MISCONDUCT . . . 715
    B. SANCTIONS AGAINST PRIVATE MISCONDUCT . . . 735

    PART TWO: LEGISLATION ESTABLISHING RIGHTS BEYOND THOSE PROTECTED BY THE CONSTITUTION

    CHAPTER 8. PROVISIONS PERTAINING TO HOUSING AND CONTRACTUAL RELATIONS . . . 819
    A. SECTIONS 1981 AND 1982 . . . 819
    B. THE FAIR HOUSING ACT . . . 867
    C. AFFIRMATIVE ACTION IN GOVERNMENTAL CONTRACTUAL RELATIONS . . . 902

    CHAPTER 9. DISCRIMINATION IN EMPLOYMENT . . . 933
    A. ESTABLISHING A PRIMA FACIE VIOLATION OF TITLE VII . . . 933
    B. SEX DISCRIMINATION AND TITLE VII . . . 1043
    C. ACCOMMODATING RELIGIOUS BELIEFS . . . 1120
    D. REMEDIES AND TITLE VII . . . 1130
    E. PROCEDURE UNDER TITLE VII . . . 1188
    F. COORDINATING MODERN AND AGED CIVIL RIGHTS STATUTES . . . 1196
    G. AGE DISCRIMINATION IN EMPLOYMENT . . . 1203

    CHAPTER 10. DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS . . . 1229
    A. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 . . . 1229
    B. TITLE IX: SEX DISCRIMINATION . . . 1272
    C. BILINGUAL EDUCATION . . . 1289
    D. AGE DISCRIMINATION ACT OF 1975 . . . 1303

    CHAPTER 11. FEDERAL LAWS PROTECTING THE HANDICAPPED . . . 1305
    A. EMPLOYMENT DISCRIMINATION UNDER THE AMERICANS WITH DISABILITIES ACT . . . 1305
    B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS AND HOUSING . . . 1360
    C. THE REHABILITATION ACT OF 1973 AND THE ADA'S PROHIBITION ON DISCRIMINATION BY PUBLIC ENTITIES . . . 1375
    D. THE EDUCATION OF HANDICAPPED CHILDREN . . . 1396

    Table of Statutes . . . TS-1
    Table of Cases . . . TC-1
    Index . . . I-1

     

     

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