Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1506
Book Description
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
United States Code
Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1506
Book Description
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1506
Book Description
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Section 1983 Litigation
Author: Martin A. Schwartz
Publisher: Aspen Pub
ISBN: 9780735538726
Category : Law
Languages : en
Pages : 1956
Book Description
Section 1983 Litigation
Publisher: Aspen Pub
ISBN: 9780735538726
Category : Law
Languages : en
Pages : 1956
Book Description
Section 1983 Litigation
Buckley V. Fitzsimmons
Municipal Liability Under 42 USC
Author: LandMark Publications
Publisher:
ISBN: 9781520262512
Category :
Languages : en
Pages : 634
Book Description
THE PRINT EDITION OF THE CASEBOOK contains a selection of the most recent indexed and paginated decisions of the official reporter. The decisions analyze and discuss municipal liability under 42 USC Section 1983 pursuant to Monell v. Department of Social Services. The selection of decisions spans from 2014 to the date of publication.In Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), the Supreme Court held that a municipality may not be held liable for a � 1983 violation under a theory of respondeat superior for the actions of its subordinates. In order to establish municipal liability, a plaintiff must show that a "policy or custom" led to the plaintiff's injury. Id. at 694, 98 S.Ct. 2018. The Court has further required that the plaintiff demonstrate that the policy or custom of a municipality "reflects deliberate indifference to the constitutional rights of its inhabitants." City of Canton v. Harris, 489 U.S. 378, 392, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989). Castro v. County of Los Angeles, 833 F. 3d 1060 (9th Cir. 2016).The Supreme Court has strongly suggested that the deliberate indifference standard for municipalities is always an objective inquiry. In City of Canton, which concerned a Fourteenth Amendment claim for failure to train, the Court held that a municipality was deliberately indifferent when "the need for more or different training is so obvious, and the inadequacy so likely to result in the violation of constitutional rights, that the policymakers of the city can reasonably be said to have been deliberately indifferent to the need." Id. at 390, 109 S.Ct. 1197. The Court articulated a standard permitting liability on a showing of notice: "Where a � 1983 plaintiff can establish that the facts available to city policymakers put them on actual or constructive notice that the particular omission is substantially certain to result in the violation of the constitutional rights of their citizens, the dictates of Monell are satisfied." Id. at 396, 109 S.Ct. 1197 (emphasis added). Castro v. County of Los Angeles, ibid.
Publisher:
ISBN: 9781520262512
Category :
Languages : en
Pages : 634
Book Description
THE PRINT EDITION OF THE CASEBOOK contains a selection of the most recent indexed and paginated decisions of the official reporter. The decisions analyze and discuss municipal liability under 42 USC Section 1983 pursuant to Monell v. Department of Social Services. The selection of decisions spans from 2014 to the date of publication.In Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), the Supreme Court held that a municipality may not be held liable for a � 1983 violation under a theory of respondeat superior for the actions of its subordinates. In order to establish municipal liability, a plaintiff must show that a "policy or custom" led to the plaintiff's injury. Id. at 694, 98 S.Ct. 2018. The Court has further required that the plaintiff demonstrate that the policy or custom of a municipality "reflects deliberate indifference to the constitutional rights of its inhabitants." City of Canton v. Harris, 489 U.S. 378, 392, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989). Castro v. County of Los Angeles, 833 F. 3d 1060 (9th Cir. 2016).The Supreme Court has strongly suggested that the deliberate indifference standard for municipalities is always an objective inquiry. In City of Canton, which concerned a Fourteenth Amendment claim for failure to train, the Court held that a municipality was deliberately indifferent when "the need for more or different training is so obvious, and the inadequacy so likely to result in the violation of constitutional rights, that the policymakers of the city can reasonably be said to have been deliberately indifferent to the need." Id. at 390, 109 S.Ct. 1197. The Court articulated a standard permitting liability on a showing of notice: "Where a � 1983 plaintiff can establish that the facts available to city policymakers put them on actual or constructive notice that the particular omission is substantially certain to result in the violation of the constitutional rights of their citizens, the dictates of Monell are satisfied." Id. at 396, 109 S.Ct. 1197 (emphasis added). Castro v. County of Los Angeles, ibid.
Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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.
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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.
Schwartz on Section 1983
Author: Martin A. Schwartz
Publisher:
ISBN: 9781402435720
Category : Civil rights
Languages : en
Pages : 848
Book Description
Publisher:
ISBN: 9781402435720
Category : Civil rights
Languages : en
Pages : 848
Book Description
Municipal Liability and 42 U.S.C. § 1983
Author: Landmark Publications
Publisher:
ISBN:
Category :
Languages : en
Pages : 540
Book Description
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding municipal liability under 42 U.S.C. § 1983. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. * * * Although § 1983 subjects only "person[s]" to liability, 42 U.S.C. § 1983, Monell established that "a municipality [such as the City of New York] is a person within the meaning of Section 1983," Vives v. City of New York, 524 F.3d 346, 350 (2d Cir. 2008). To establish liability under Monell, a plaintiff must show that he suffered the denial of a constitutional right that was caused by an official municipal policy or custom. See Wray v. City of New York, 490 F.3d 189, 195 (2d Cir. 2007). * * * Monell liability attaches only where an infringement of constitutional rights is caused by a local government policy. See Outlaw v. Hartford, 884 F.3d 351, 372-73 (2d Cir. 2018). In searching for the proper local government that is subject to liability on a given Monell claim we look for "those official or governmental bodies who speak with final policymaking authority ... concerning the action alleged to have caused the particular ... violation at issue." Jett v. Dallas Ind. Sch. Dist., 491 U.S. 701, 737, 109 S.Ct. 2702, 105 L.Ed.2d 598 (1989). Bellamy v. City of New York, 914 F. 3d 727 (2nd Cir. 2019)
Publisher:
ISBN:
Category :
Languages : en
Pages : 540
Book Description
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding municipal liability under 42 U.S.C. § 1983. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. * * * Although § 1983 subjects only "person[s]" to liability, 42 U.S.C. § 1983, Monell established that "a municipality [such as the City of New York] is a person within the meaning of Section 1983," Vives v. City of New York, 524 F.3d 346, 350 (2d Cir. 2008). To establish liability under Monell, a plaintiff must show that he suffered the denial of a constitutional right that was caused by an official municipal policy or custom. See Wray v. City of New York, 490 F.3d 189, 195 (2d Cir. 2007). * * * Monell liability attaches only where an infringement of constitutional rights is caused by a local government policy. See Outlaw v. Hartford, 884 F.3d 351, 372-73 (2d Cir. 2018). In searching for the proper local government that is subject to liability on a given Monell claim we look for "those official or governmental bodies who speak with final policymaking authority ... concerning the action alleged to have caused the particular ... violation at issue." Jett v. Dallas Ind. Sch. Dist., 491 U.S. 701, 737, 109 S.Ct. 2702, 105 L.Ed.2d 598 (1989). Bellamy v. City of New York, 914 F. 3d 727 (2nd Cir. 2019)
Police Misconduct
Author: Wayne C. Beyer
Publisher:
ISBN: 9781578235155
Category : Police misconduct
Languages : en
Pages : 1498
Book Description
Publisher:
ISBN: 9781578235155
Category : Police misconduct
Languages : en
Pages : 1498
Book Description
Coordination of Federal Equal Employment Opportunity Programs
Author: United States. Equal Employment Opportunity Commission. Office of the Legal Counsel
Publisher:
ISBN:
Category : Civil service
Languages : en
Pages : 234
Book Description
Publisher:
ISBN:
Category : Civil service
Languages : en
Pages : 234
Book Description
Suing Government
Author: Peter H. Schuck
Publisher:
ISBN: 9780300032505
Category : Administrative responsibility
Languages : en
Pages : 262
Book Description
Publisher:
ISBN: 9780300032505
Category : Administrative responsibility
Languages : en
Pages : 262
Book Description