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Full-Text Articles in Law
How Shall The Constitution Be Enforced? A Preview Of Minneci V. Pollard, John F. Preis
How Shall The Constitution Be Enforced? A Preview Of Minneci V. Pollard, John F. Preis
Law Faculty Publications
Professor Preis discusses Minneci v. Pollard, a case he argued before the Supreme Court of the United States on behalf of his client (Pollard), a federal prisoner who had brought a civil rights action for various forms of mistreatment in alleged violation of the Eighth Amendment. He outlines his and Pollard's contention that federal courts should enforce the civil rights of prisoners without regard to the availability of equivalent tort relief under state common law.
Civil Rights Act Of 1964, Henry L. Chambers, Jr.
Civil Rights Act Of 1964, Henry L. Chambers, Jr.
Law Faculty Publications
The Civil Rights Act of 1964 (42 U.S. C.A.) (the 19 Act) likely has had the greatest transformative effect on American society of any single law. By prohibiting discrimination based on race, color, sex, religion, a national origin in places of public accommodation, in federally assisted programs, in employment, in schools and with respect to voting rights, this massive law has had profound effects on almost every facet of American society.
Mediation And The Americans With Disabilities Act, Ann C. Hodges
Mediation And The Americans With Disabilities Act, Ann C. Hodges
Law Faculty Publications
This Article will analyze the potential uses of mediation in ADA disputes, focusing primarily on employment issues. Part II of the Article provides a description and analysis of the mediation process. Part III provides an overview of the ADA. Part IV examines the dispute resolution provisions of the ADA and both the current and proposed uses of alternative dispute resolution. Finally, Part V analyzes the use of mediation in ADA cases and recommends appropriate uses of mediation that will effectuate the purpose of the statute.
Civil Rights Plaintiffs And The Proposed Revision Of Rule 11, Carl W. Tobias
Civil Rights Plaintiffs And The Proposed Revision Of Rule 11, Carl W. Tobias
Law Faculty Publications
The 1983 amendment of Federal Rule of Civil Procedure 11 has been the most controversial revision of the Federal Rules in their fifty-five-year history, and Rule l l's implementation has been most controversial in civil rights cases. Rule ll's application has disadvantaged civil rights plaintiffs more than any other category of civil litigant. Courts have found civil rights plaintiffs in violation of Rule 11 at a higher rate than other types of plaintiffs and have imposed substantial sanctions on them. Civil rights plaintiffs have been required to participate in expensive, unnecessary satellite litigation involving this provision. Indeed, a new study …
Rule 11 And Civil Rights Litigation, Carl W. Tobias
Rule 11 And Civil Rights Litigation, Carl W. Tobias
Law Faculty Publications
The recent amendment of rule 11 may well have engendered more controversy than any other revision since the Federal Rules of Civil Procedure were first promulgated one-half century ago. The new version essentially requires that judges impose sanctions on lawyers and parties who fail to conduct reasonable inquiries before filing court papers. The amendment's adoption was prompted by increasing concern about abuse of the litigation process and about the "litigation explosion" -the perception that unprecedented numbers of civil cases were being filed and that too many lacked merit. Proponents have hailed the revised rule as the savior of the civil …