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A Qualified Academic Freedom Privilege In Employment Litigation: Protecting Higher Education Or Shielding Discrimination?, Ayna J. Partain
A Qualified Academic Freedom Privilege In Employment Litigation: Protecting Higher Education Or Shielding Discrimination?, Ayna J. Partain
Vanderbilt Law Review
Courts have long honored the fundamental principle that the right to full and fair litigation assumes the unobstructed availability of evidence.' When the divulgence of information in court threatens interests or relationships of sufficient social importance,however, courts have recognized a compelling justification for sacrificing the free flow of evidence and have created rules of privilege. Since 1972, when Congress extended Title VII of the Civil Rights Act of 19641 to academic institutions, colleges and universities increasingly have faced broad discovery requests for confidential personnel files by plaintiffs alleging that discriminatory factors such as sex, race, or age played an impermissible …
Implications Of Prison Privatization For The Conduct Of Prisoner Litigation Under 42 U.S.C., Susan L. Kay
Implications Of Prison Privatization For The Conduct Of Prisoner Litigation Under 42 U.S.C., Susan L. Kay
Vanderbilt Law School Faculty Publications
Prisoners often seek redress in federal courts through causes of action brought under 42 U.S.C. Section 19831 for violations of their constitutional rights caused by the overall condition of their confinement or by one specific condition or incident. Although commentators disagree over the extent to which these cases burden federal district courts, they agree that prisoner litigation constitutes a large percentage of the civil rights litigation in district courts. One of the attractions of prison privatization for state and local governments is the belief that contracting prison management to private firms will relieve the government of the burden of defending …