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Yeshiva University, Cardozo School of Law

Series

2018

Affirmative enforcement; civil rights; access to justice; professional responsibility; institutional design; Bivens

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Full-Text Articles in Law

The Influence Of Government Defenders On Affirmative Civil Rights Enforcement, Alexander A. Reinert Apr 2018

The Influence Of Government Defenders On Affirmative Civil Rights Enforcement, Alexander A. Reinert

Articles

The federal government — in particular the Department of Justice — can be one of the most efficient and powerful vindicators of civil rights, while simultaneously one of the most effective advocates for imposing barriers to affirmative civil rights enforcement. At the same time that the DOJ’s Civil Rights Division (CRD) is entering federal court to vindicate important rights, attorneys in the Civil Division (either from Main Justice or in any number of U.S. Attorney’s offices) are appearing in court to prevent the same. No doubt a similar pattern can be observed in certain state governments that have active affirmative …