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Full-Text Articles in Law

Qualified Immunity: 1983 Litigation In The Public Employment Context, Erwin Chemerinsky Jun 2017

Qualified Immunity: 1983 Litigation In The Public Employment Context, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky Jun 2017

Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky

Erwin Chemerinsky

The Supreme Court has taken an inconsistent approach to allowing vicarious liability under major civil rights statutes. In recent cases, the Court has permitted qualified vicarious liability for supervisors' sexual harassment under Title VII, but rejected vicarious liability under Title IX. Earlier, the Court rejected vicarious liability for local governments sued under Section 1983. In this Article, Professors Fisk and Chemerinsky describe the Court's inconsistent approaches and argue that they cannot bejustfied by the text or legislative history of these statutes. Professors Fisk and Chemerinsky argue that each of these statutes is meant to achieve the same purpose, deterring civil …


An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky Jun 2017

An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.