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Full-Text Articles in Law
Damages In Housing Discrimination Cases, James A. Ciocia
Damages In Housing Discrimination Cases, James A. Ciocia
Cleveland State Law Review
The existance of a shortage of adequate housing in the United States has further intensified the problems of those who suffer most when there is a shortage of anything-the minority groups. ... Contributing to the awareness of the public is the salient fact that within the last ten years there has been a consistent increase in the number of court cases dealing with housing discrimination. The scope of these cases has expanded from what had been a broad interpretation of public accommodation statutes to the award of damages, both compensatory and punitive, for private acts of discrimination which allegedly precipitated …
Third Party Plaintiffs In Civil Rights Damage Actions, Robert M. Didrick
Third Party Plaintiffs In Civil Rights Damage Actions, Robert M. Didrick
Cleveland State Law Review
This article will discuss the question of whether third parties may bring an action for damages against those who deprive another of his civil rights. The related question, resulting from the second cause of action in the Napolitano case, of whether one may recover for the mental anguish caused by the denial of another's civil rights will also be considered. Although the question is concerned with damage actions, cases in which injunctive relief was asked are helpful in studying the principle involved. Relief has been granted in these cases much more readily than in damage actions, possibly because the equitable …
Damages For Mental Suffering In Discrimination Cases, John E. Duda
Damages For Mental Suffering In Discrimination Cases, John E. Duda
Cleveland State Law Review
This article explores the legal basis for an award of damages for mental suffering caused by unlawful racial discrimination. It necessarily includes religious and nationality discrimination,since these three areas are intertwined in the law. For the most part, the legal principles are applicable alike to all three forms of discrimination. Mental suffering is treated as an element of compensatory damages on the theory that the purpose of such an award is to compensate the claimant for his loss and not necessarily to penalize the discriminator. Punishment enters the analysis only to the extent that the prevailing legal rules governing damage …