Section 1983 Litigation PDF Download

Author: Schwartz
Publisher: Wolters Kluwer
ISBN: 0471117617
Category : Law
Languages : en
Pages : 6176

View

Book Description
In this invaluable three-volume set, you'll get an analysis of every aspect of the statute from the plaintiffs' and defendants' side of the courtroom - from direction on potential to considerations about choice of forum. This reference also gives you citations to state and district court decisions and circuit-by-circuit breakdowns of leading decisions. Plus, you'll explore constitutional rights enforceable under Section 1983, every facet of municipal liability and qualified immunity, bifurcating claims against officers and municipalities, and more. Martin A. Schwartz, an expert of Section 1983 actions, goes a step further and provides positions on open issues. Also available as part of the Section 1983 Litigation Complete Six-Volume Set.

Author: Martin A. Schwartz
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 248

View

Book Description

Author: John Boston
Publisher: Oxford University Press
ISBN: 0199705666
Category : Law
Languages : en
Pages : 949

View

Book Description
Prisoners' Self-Help Litigation Manual, in its much-anticipated fourth edition, is an indispensable guide for prisoners and prisoner advocates seeking to understand the rights guaranteed to prisoners by law and how to protect those rights. Clear, comprehensive, practical advice provides prisoners with everything they need to know on conditions of confinement, civil liberties in prison, procedural due process, the legal system, how to litigate, conducting effective legal research, and writing legal documents. Written by two legal and penitentiary experts with intimate knowledge of prisoner's rights and legal aid work, authors John Boston and Daniel E. Manville strategically focus on federal constitutional law, providing prisoners and those wishing to assist them with the most important information concerning legal rights. Over the past decade, prison law and conditions have changed significantly. This new edition is updated to include the most relevant prisoners' rights topics and approaches to litigation. Updates include all aspects of prison life as well as material on legal research, legal writing, types of legal remedies, and how to effectively use those remedies. Certainly the most authoritative, well-organized and relevant prisoner's rights manual available - - the eagerly awaited fourth edition should be purchased by everyone interested in civil rights for the incarcerated.

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

View

Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: Alba Conte
Publisher: Wolters Kluwer
ISBN: 0735597650
Category : Law
Languages : en
Pages : 6006

View

Book Description
The law of sexual harassment is constantly evolving, and the number of sexual harassment claims is dramatically on the rise. Sexual Harassment in the Workplace, Fourth Edition, is a comprehensive guide that provides all the information you need to successfully litigate a sexual harassment claim. Sexual Harassment in the Workplace guides you through the relevant administrative and legal proceedings, from client interviews to attorney's fees. It discusses state and federal remedies available to maximize recovery, including: The development and elements of the claim Sample pleadings Discovery documents Reviews of actual cases Special attention is given to important topics such as: Suits by alleged harassers Insurance indemnification Class actions And many others Sexual Harassment in the Workplace brings you up to date on the latest case law developments, including the following: A new checklist of items to cover when representing an employer The U.S. Supreme Court confirmed that retaliation is actionable under Title IX where a girls' high school basketball coach claimed that he suffered retaliation for complaining about sexual discrimination in the athletic program of the school, even though he himself was not the direct victim. Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005) In order to increase opportunities for mediation, the EEOC expanded the charges eligible for mediation and now mediation is available at the conciliation stage, after a finding of discrimination has been issued, in appropriate cases The U.S. Supreme Court has held that under the Federal Arbitration Act, where parties to an arbitration agreement include a provision that delegates to the arbitrator the threshold question of enforceability of the arbitration agreement, if a party specifically challenges the enforceability of the entire agreement, the arbitrator would consider the challenge. If, however, the party only challenges the enforceability of the arbitration provision, the challenge must be heard by a court. Rent-A-Center, West Inc. v. Jackson, 130 S. Ct. 2772 (2010) The lack of timeliness in filing a discrimination action is an affirmative defense and the burden of proof is on the employer. Salas v. Wisconsin Department of Corrections, 493 F.3d 913, 922 (7th Cir 2007) A federal employee's premature filing of a sexual harassment employment discrimination and retaliation complaint did not constitute a failure to exhaust administrative remedies so as to deprive the district court of subject-matter jurisdiction. Brown v. Snow, 440 F.3d 1259 (11th Cir. 2006) A majority of states impose a shorter period for filing with their agencies, though, so the filing deadline is not always extended when a state has its own agency The andquot;single filing ruleandquot; - under which a party who has not filed an EEOC charge or received a right-to-sue notice may andquot;piggybackandquot; his or her judicial action on the claim of a party who has satisfied those prerequisites - has been described as a andquot;carefully limited exceptionandquot; to Title VII's procedural requirements. Price v. Choctaw Glove and Safety Co., 459 F.3d 595 (5th Cir. 2006) Provided that an act contributing to the claim occurs within the filing period, the court may consider the entire period of the hostile environment for purposes of determining liability. Jordan v. City of Cleveland, 464 F.3d 584 (6th Cir. 2006) The Supreme Court has held that a plaintiff's timely filing of an EEOC intake questionnaire, which was followed by an affidavit stating andquot;Please force Federal Express to end their age discrimination . . .andquot; constituted a charge, cautioning, however, that its permissiv

Author: Conte
Publisher: Wolters Kluwer
ISBN: 1543816657
Category : Business & Economics
Languages : en
Pages : 7306

View

Book Description
Sexual Harassment in the Workplace: Law and Practice

Author: Martin A. Schwartz
Publisher: Aspen Publishers Online
ISBN: 1454823038
Category : Actions and defenses
Languages : en
Pages : 2104

View

Book Description

Author: Aspen Publishers
Publisher: Aspen Publishers
ISBN: 9780735520417
Category :
Languages : en
Pages :

View

Book Description

Author: Martin A. Schwartz
Publisher: Aspen Publishers
ISBN: 9780735530966
Category : Law
Languages : en
Pages : 812

View

Book Description

Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 644

View

Book Description