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Attorney's Fees In Civil Rights Cases - October 2009 Term, Martin A. Schwartz
Attorney's Fees In Civil Rights Cases - October 2009 Term, Martin A. Schwartz
Martin A. Schwartz
No abstract provided.
Subtraction By Addition?: The Thirteenth And Fourteenth Amendments, Mark A. Graber
Subtraction By Addition?: The Thirteenth And Fourteenth Amendments, Mark A. Graber
Mark Graber
The celebration of the Thirteenth Amendment in many Essays prepared for this Symposium may be premature. That the Thirteenth Amendment arguably protects a different and, perhaps, wider array of rights than the Fourteenth Amendment may be less important than the less controversial claim that the Fourteenth Amendment was ratified after the Thirteenth Amendment. If the Fourteenth Amendment covers similar ground as the Thirteenth Amendment, but protects a narrower set of rights than the Thirteenth Amendment, then the proper inference may be that the Fourteenth Amendment repealed or modified crucial rights originally protected by the Thirteenth Amendment. The broad interpretation of …
Inside The Civil Rights Ring: Statutory Jabs And Constitutional Haymakers, Aaron J. Shuler
Inside The Civil Rights Ring: Statutory Jabs And Constitutional Haymakers, Aaron J. Shuler
Aaron J Shuler
Civil rights litigators use statutory and constitutional attacks to combat inequality. Each approach has its advantages and drawbacks developed through interpretation by U.S. courts. The first major decision that shaped modern civil rights was the Civil Rights Cases that dodged a constitutional attack to withdraw most private acts of discrimination out of reach until the Civil Rights Act of 1964 was passed and validated in Heart of Atlanta v. U.S. In addition to the coupling of statutory attacks with private discrimination and constitutional challenges to state biases, statutory attacks have proven to be more adept at addressing disparate impacts as …
The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
Sheldon Nahmod
In this article, I address the historical and doctrinal development of § 1983 local government liability, beginning with Monroe v. Pape in 1961 and culminating in the Supreme Court’s controversial 2011 failure to train decision in Connick v. Thompson. Connick has made it exceptionally difficult for § 1983 plaintiffs to prevail against local governments in failure to train cases. In the course of my analysis, I also consider the oral argument and opinions in Connick as well as various aspects of § 1983 doctrine. I ultimately situate Connick in the Court’s federalism jurisprudence which doubles back to Justice Frankfurter’s view …