Digital Commons Network^™

The Civil Rights Attorney's Fees Awards Act Of 1976: A View From The Second Circuit, H. A. Zionts

Buffalo Law Review

No abstract provided.

The Impact Of Immunity On Fee Awards Under The Civil Rights Attorney's Fees Awards Act Of 1976, Nancy L. White

Loyola University Chicago Law Journal

No abstract provided.

Calculation Of A Reasonable Award Of Attorneys' Fees Under The Attorneys' Fees Awards Act Of 1976, 13 J. Marshall L. Rev. 331 (1980), Bruce C. Dopke

UIC Law Review

No abstract provided.

The Use Of Collateral Estoppel By A Private Party In Suits Against Public Agency Defendants, John Kelly, David Rothenberg

University of Michigan Journal of Law Reform

Collateral estoppel has been defined as "the facet of the doctrine of judicial finality that deals with a judgment's conclusive effect in a suit on another cause of action." It precludes relitigation of a previously decided issue when that same issue arises in the context of a subsequent suit based on a different claim.

Traditionally, a party seeking to assert collateral estoppel must establish three elements: (1) identity with an issue actually and necessarily litigated in the prior case, (2) mutuality of parties, that is, the same parties or their privies in the second case as in the first, and …

There Is A Fountain: The Autobiography Of A Civil Rights Lawyer / Legal Regulation Of The Competitive Process, Leonard B. Boudin, Kenneth B. Germain

Vanderbilt Law Review

There is a Fountain: The Autobiography of a Civil Rights Lawyer Reviewed by Leonard B. Boudin --

This book is unlike other good legal autobiographies, such as those of D.N. Pritt,' Clarence Darrow, and more recently Charles Morgan," for Lynn throughout his life was very poor, a radical and,most importantly, Black. Those portions of his autobiography that recount his political life in college and in later years make exciting and important reading. Lynn was the only member of the Young Communist League at Syracuse University in the early 1930s, and was a member of the American Communist Party in his …

The Ombudsman, Or Citizens' Defender - The North Carolina Experience, William G. Haemmel

North Carolina Central Law Review

No abstract provided.

Attorneys' Fees, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Social Policy In Title Vii Arbitrations, Steven R. Wolfson

Kentucky Law Journal

No abstract provided.

Affirmative Action And The Harvard College Diversity-Discretion Model: Paradigm Or Pretext?, Alan M. Dershowitz, Laura Hanft

Cardozo Law Review

No abstract provided.

Scott V. Illinois, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Immunity Of Public Defenders Under Section 1983, Ellen Keller

Cleveland State Law Review

The Circuit Courts of Appeals that have considered the question of a public defender's liability issue have all held public defenders or court-appointed counsel immune from personal liability for actions taken in the course of representing their clients. This note will examine the ways in which the courts have disposed of these cases, discuss factors that have inclined federal courts to grant immunity to public defenders under section 1983, and weigh the advisability of personal liability for malpractice of those who defend indigent defendants in criminal trials.

Prisoner's Rights -- Failure To Provide Adequate Law Libraries Denies Inmates' Right Of Access To The Courts, Irma S. Russell

Faculty Law Review Articles

This article examines the Supreme Court's decision in Bounds v. Smith and the movement toward recognition of the rights that prisoners retain after incarceration.

Part I outlines the nature and legal foundation of the right of access to the courts as endorsed by Bounds. Part II examines questions raised by the dissenting opinions concerning the scope and validity of the right. Part III addresses the practical implication of the decision and concludes that the right of state and federal prisoners to access legal information in preparing legal papers stands on firmer ground after this decision.

The Paradox Of Preferential Treatment—Reverse Discrimination—The Implications Of Lindsay V. City Of Seattle, 86 Wn. 2d 698, 548 P.2d 320, Cert. Denied Sub Nom. Brabant V. City Of Seattle, 97 S. Ct. 237 (1976), Kerry Radcliffe

Washington Law Review

In upholding a municipal affirmative action plan, Lindsay provides a point of departure for an analysis of the reverse discrimination questions inherent in such plans. Following a brief history of the development of preferential employment remedies and an examination of the Lindsay decision, this note will evaluate preferential relief and reverse discrimination within the framework of Lindsay, Title VII of the Civil Rights Act of 1964, and recent court decisions. Applicability of the Lindsay methodology to future reverse discrimination cases will be examined in light of apparent Supreme Court approval of a reverse discrimination cause of action under Title VII. …

Civil Rights Litigation: An Investigation, Preparation & Trial Manual, P. Kent Spriggs

Florida State University Law Review

By Andrew J. Ruzicho.1 Cincinnati: Anderson Publishing Co., 1976. Pp. xvii, 372. $35.00.

Prisoner's Rights--The Need For An Inmate Grievance Commission In West Virginia, Thomas W. Kupec

West Virginia Law Review

No abstract provided.

Rural Land Banking: The Canadian Experience, John Mcclaughry

North Carolina Central Law Review

No abstract provided.

Employer Racial Discrimination: Reviewing The Role Of The Nlrb, Lawrence F. Doppelt

University of Michigan Journal of Law Reform

The NLRB and various commentators rely upon three basic legal arguments in rejecting this interpretation: first, the EEOC, and not the NLRB, is the sole and proper agency for litigating racial issues; second, employer racial discrimination does not interfere with the protected rights of employees under the Act, and third, it is not, and never was, Congress' intent in passing the Act to bring racial discrimination within its purview. Unquestionably, each of these legal arguments has, or at some time had, surface appeal, and, at one time, considerable force. The great mass of legal commentary supports at least one of …

Preferential Policies In Hiring And Admissions, James W. Nickel

Articles

No abstract provided.

Black Lawyers And Corporate And Commercial Practice: Some Unfinished Business Of The Civil Rights Movement, John T. Baker

Articles by Maurer Faculty

No abstract provided.

After Defunis: Filling The Constitutional Vacuum, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Bangs And Whimpers Xxxix: The Legacy Of Dred Scott, Bruce Mcm. Wright

North Carolina Central Law Review

No abstract provided.

Of Storks And Foxes: Employment Testing And Back Pay

Maryland Law Review

No abstract provided.

Contemporary Problems Of Drug Abuse - V. Sunday Afternoon, Peter G. Hammond, Paul A. Dandridge, Joel Fort M.D., Lisa A. Richette

Villanova Law Review (1956 - )

No abstract provided.

Collateral Challenges To Criminal Convictions, Keith G. Meyer, Larry Yackle

Faculty Scholarship

The Kansas Defender Project is a clinical program sponsored by the University of Kansas School of Law. The Project provides student legal services to indigent prison inmates at the United States Penitentiary at Leavenworth and the Kansas State Penitentiary at Lansing, Kansas. Launched in 1965 through the efforts of Paul E. Wilson, Kane Professor of Law, the Project has since been a model for similar clinical undertakings at law schools across the country.

Equal Protection, Economic Legislation,And Racial Discrimination, William Silverman

Vanderbilt Law Review

The drive to end racial discrimination now extends beyond blatant racial distinctions to less obvious and less intentional forms of unequal treatment; nonetheless, there still exist laws and governmental programs that are racially neutral on their face but that may have a racially discriminatory impact in practice. Such discrimination can take place when economic and social welfare legislation, lacking a sound economic grounding, attacks symptoms rather than causes and thereby unintentionally compounds the problems facing black people. At the same time, laws that are at the root of unequal treatment seem to go unchallenged. From the point of view of …

The Legal Controversy As It Relates To Correctional Institutions - A Prison Administrator's View, Joseph R. Brierley

Villanova Law Review (1956 - )

No abstract provided.

The Problems And Promise Of Black Men Of Law, Henry Mcgee

Faculty Articles

Professor McGee discusses the Black legal community's fight from the 1930s through the 1950s that eliminated the constitutional support of racial segregation and discrimination. Given the monumental obstacles which historically have plagued black lawyers, it is remarkable how many have succeeded despite the discrimination. While this article touches on some of the difficulties and limitations of the black bar, it must be stressed that there is a tradition of leadership and service among black lawyers that provides a solid foundation for the relatively large numbers of advocates that return to their communities. Building on this tradition of leadership, there are …

The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr.

Villanova Law Review (1956 - )

No abstract provided.

Prisoners' Rights - A Prosecutor's View, James D. Crawford

Villanova Law Review (1956 - )

No abstract provided.

Representation For The Poor In State Rulemaking, Allan Ashman

Vanderbilt Law Review

After a violent summer of urban unrest and civil disorder, President Johnson established the National Advisory Commission on Civil Disorders in 1967 to find out what happened in our nation's cities, why it happened, and to suggest ways to prevent it from occurring again. One of the findings of the Commission was that from the vantage point of the poor ghetto resident, local government was distant and unconcerned.For the poor person, particularly the poor black ghetto resident, the possibility for effective change either in his personal life style or in the political system appeared remote.' Reflecting upon this gulf between …