Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 7 of 7
Full-Text Articles in Law
Panel Remarks Civil Rights Division Association Symposium: The Civil Rights Division At Forty, Michael A. Middleton
Panel Remarks Civil Rights Division Association Symposium: The Civil Rights Division At Forty, Michael A. Middleton
Faculty Publications
Welcome to all of you to the second of our Symposia. This is the fortieth year of the Civil Rights Division. Our focus this morning will be the Division's past and where it should be going in the future.
Mirabile Dictum! The Case For 'Unnecessary' Constitutional Rulings In Civil Rights Damages Actions, John M. Greabe
Mirabile Dictum! The Case For 'Unnecessary' Constitutional Rulings In Civil Rights Damages Actions, John M. Greabe
Law Faculty Scholarship
This article contends that, for purposes of settling the law, courts entertaining civil rights lawsuits doomed to fail on grounds of qualified immunity should presumably address the question whether the complaint pleads a viable claim that the defendant caused a violation of the plaintiff's federal rights. The article also contends that such "unnecessary" threshold rulings are not dicta.
Supervisory Liability In Section 1983 Cases, Kit Kinports
Supervisory Liability In Section 1983 Cases, Kit Kinports
Journal Articles
The topic of this presentation is supervisory liability in Section 1983 cases. Assume for present purposes that a plaintiff's constitutional rights have been violated - that some state official has acted in violation of the Constitution. The question to be addressed here is whether that state official's supervisors can be held liable for damages stemming from the constitutional violation.
Hanging With The Wrong Crowd: Of Gangs, Terrorists, And The Right Of Association, David Cole
Hanging With The Wrong Crowd: Of Gangs, Terrorists, And The Right Of Association, David Cole
Georgetown Law Faculty Publications and Other Works
Part I will sketch the current contours of the right of association, a right limited to "expressive" and "intimate" association, and will describe the government's attempts to extend this categorical approach by limiting associational protection still further to membership per se. Part II will argue that the Court's limitation of associational rights to expressive and intimate associations and the government's attempt to distinguish association from conduct are unworkable, inconsistent with the Court's own precedents, and fail to reflect the normative reasons for protecting the right of association. Part III will offer an alternative framework for addressing the right of association, …
The Past, Present And Future Of Title Vi Of The Civil Rights Act As A Tool Of Environmental Justice, Michael B. Gerrard, Nicholas Johnson, Peggy Shepard, Melva J. Hayden, Sheila Foster, Elizabeth Georges
The Past, Present And Future Of Title Vi Of The Civil Rights Act As A Tool Of Environmental Justice, Michael B. Gerrard, Nicholas Johnson, Peggy Shepard, Melva J. Hayden, Sheila Foster, Elizabeth Georges
Faculty Scholarship
Mr. Michael Gerrard: I am going to try to do something a little unconventional. After hearing some remarks from Professor Johnson, I will try to start a dialogue. I have been requested to ask very tough questions of our panelists, so I will do that in the hope of drawing all of you in the audience into the dialogue. First, we will hear some remarks from Professor Nicholas Johnson of Fordham University School of Law.
The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith
The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith
Scholarly Works
No abstract provided.
Leveling The Playing Field: Reforming The Office For Civil Rights To Achieve Better Title Ix Enforcement, Sudha Setty
Leveling The Playing Field: Reforming The Office For Civil Rights To Achieve Better Title Ix Enforcement, Sudha Setty
Faculty Scholarship
In this Article the Author discusses improving Title IX compliance in athletic programs by reforming the Office for Civil Rights ("OCR"), the agency within the Department of Education responsible for Title IX enforcement. The Author addresses several problem areas within OCR's procedures, including OCR's approach toward student grievances, its standards for assessing alleged Title IX violations, and its inadequate monitoring and enforcement of institutions in violation of Title IX.
Part I introduces the history of Title IX. Part II describes the legislation and regulations that mandate gender equity in educational institutions. Part III summarizes the case law that has affected …