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Civil Rights and Discrimination Commons

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Articles 1 - 5 of 5

Full-Text Articles in Civil Rights and Discrimination

A Critical Approach To Section 1983 With Special Attention To Sources Of Law, Jack M. Beermann Nov 1989

A Critical Approach To Section 1983 With Special Attention To Sources Of Law, Jack M. Beermann

Faculty Scholarship

The Civil Rights Act of 18711 ("§ 1983") establishes a tort-like remedy for persons deprived of federally protected rights "under color of law."'2 While the statute's broad language provides a remedy for violations of federal constitutional and statutory rights, the statute itself provides little or no guidance regarding important subjects such as the measure of damages, the availability of punitive damages, the requirements for equitable relief, the statute of limitations, survival of claims, proper parties, and immunities from suit.3...

...The first part of this article examines the narrowly "legal" analysis of § 1983 in the cases …


When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal Jan 1989

When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal

Law Faculty Publications

In order to stimulate scholarly discussion, this Essay presents an empirical account of the Greensboro incident from the perspective of those who participated in the episode and in the resulting civil rights trial. The Essay traces the circumstances leading to the violence and reviews the resultant litigation with special attention given to the role of the trial judge in politically volatile cases. The candid reflections offered by the trial judge and other participants allow the reader to examine both the event and the litigation, not merely in the abstract, but as implemented by flesh-andblood lawyers, litigants, and judges. .


Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman Jan 1989

Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman

Touro Law Review

No abstract provided.


Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans Jan 1989

Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans

Touro Law Review

No abstract provided.


Judicial Reflections Upon The 1973 Uprising At Wounded Knee, Ronald J. Bacigal Jan 1989

Judicial Reflections Upon The 1973 Uprising At Wounded Knee, Ronald J. Bacigal

Law Faculty Publications

This essay presents a view of Wounded Knee from the perspective of federal district judge Robert R. Merhige, Jr., who was part of a judicial task force sent to South Dakota in 1973. Viewing Wounded Knee from the perspective of a trial judge discloses the social forces underlying Wounded Knee and also provides insights into the role of a trial judge in politically sensitive cases.