Lexis Nexis Civil Rights Legislation: Cases and Materials
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Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
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The Sixth Edition of Civil Rights Legislation includes:
• The latest materials on the basic principles of section 1983 and the Bivens doctrine (including Minneci v. Pollard, Van de Kamp v. Goldstein, Skinner v. Switzer)
• Issues related to pleading standards (including Bell Atlantic Corp. v. Twombly, Ashcroft v. Iqbal)
• Treatment of qualified immunity (including Safford Unified School District #1 v. Redding, Pearson v. Callahan, Ortiz v. Jordan)
• Issues related to municipal liability (including Connick v. Thompson, Los Angeles County v. Humphries)
• Issues arising from federal habeas corpus (including McQuiggin v. Perkins, Chaidez v. United States, Magwood v. Patterson)
• Recent treatment of federal court abstention (including Sprint Communications, Inc. v. Jacobs)
• Remedies for violations of constitutional rights (including Perdue v. Kenny A., Brown v. Plata)
• Developments under section 1981 (including CBOCS West, Inc. v. Humphries)
• Developments under Title VII of the Civil Rights Act of 1964 (including Vance v. Ball State University, Wal-Mart Stores, Inc. v. Dukes)
• Recent treatment of the Americans with Disabilities Act in district and appellate courts
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Table of contents
PART ONE: CIVIL RIGHTS LEGISLATION TO PROTECT CONSTITUTIONAL RIGHTS
CHAPTER 1. INTRODUCTION AND BACKGROUND . . . 3
A. A BRIEF HISTORY OF FEDERAL CIVIL RIGHTS ACTIVITY . . . 3
B. THE THIRTEENTH AMENDMENT, THE BLACK CODES, AND THE CIVIL RIGHTS ACT OF 1866 . . . 11
C. THE FOURTEENTH AMENDMENT AND ITS EARLY DEVELOPMENT . . . 24CHAPTER 2. THE SECTION 1983 CAUSE OF ACTION . . . 61
A." . . . RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED BY THE CONSTITUTION . . ." . . . 61
B. "UNDER COLOR OF" LAW . . . 67
C. THE SCOPE OF SECTION 1983 AFTER MONROE v. PAPE . . . 100
D. ACTIONS AGAINST FEDERAL OFFICIALS . . . 146
E. THE REALITY OF CONSTITUTIONAL TORT CLAIMS . . . 170CHAPTER 3. DEFENSES AND IMMUNITIES OF INDIVIDUALS . . . 183
A. LEGISLATIVE IMMUNITY . . . 183
B. JUDICIAL AND PROSECUTORIAL IMMUNITY . . . 208
C. QUALIFIED IMMUNITY FOR MEMBERS OF THE EXECUTIVE BRANCH . . . 245
D. SUPERVISORY LIABILITY UNDER SECTION 1983 . . . 275CHAPTER 4. DEFENSES AND IMMUNITIES OF GOVERNMENTAL ENTITIES . . . 285
A. LIABILITY OF MUNICIPALITIES . . . 285
B. SOVEREIGN IMMUNITY . . . 335CHAPTER 5. RELATIONSHIPS BETWEEN STATE AND FEDERAL COURTS IN CIVIL RIGHTS ACTIONS . . . 427
A. FEDERAL HABEAS CORPUS . . . 427
B. EXHAUSTION OF REMEDIES IN CIVIL RIGHTS CASES . . . 498
C. RES JUDICATA AND SECTION 1983 . . . 517
D. THE FLOOD OF FEDERAL COURT PRISONER CASES . . . 537
E. ABSTENTION . . . 547
F. THE DOCTRINE OF YOUNGER v. HARRIS . . . 556CHAPTER 6. REMEDIES FOR VIOLATIONS OF CONSTITUTIONAL RIGHTS . . . 591
A. DAMAGES . . . 591
B. ATTORNEY FEES . . . 598
C. STATE LAW IN FEDERAL CIVIL RIGHTS CASES . . . 618
D. EQUITABLE RELIEF . . . 645CHAPTER 7. ADDITIONAL STATUTORY REMEDIES FOR VIOLATIONS OF CONSTITUTIONAL RIGHTS . . . 715
A. CRIMINAL SANCTIONS AGAINST OFFICIAL MISCONDUCT . . . 715
B. SANCTIONS AGAINST PRIVATE MISCONDUCT . . . 735PART TWO: LEGISLATION ESTABLISHING RIGHTS BEYOND THOSE PROTECTED BY THE CONSTITUTION
CHAPTER 8. PROVISIONS PERTAINING TO HOUSING AND CONTRACTUAL RELATIONS . . . 819
A. SECTIONS 1981 AND 1982 . . . 819
B. THE FAIR HOUSING ACT . . . 867
C. AFFIRMATIVE ACTION IN GOVERNMENTAL CONTRACTUAL RELATIONS . . . 902CHAPTER 9. DISCRIMINATION IN EMPLOYMENT . . . 933
A. ESTABLISHING A PRIMA FACIE VIOLATION OF TITLE VII . . . 933
B. SEX DISCRIMINATION AND TITLE VII . . . 1043
C. ACCOMMODATING RELIGIOUS BELIEFS . . . 1120
D. REMEDIES AND TITLE VII . . . 1130
E. PROCEDURE UNDER TITLE VII . . . 1188
F. COORDINATING MODERN AND AGED CIVIL RIGHTS STATUTES . . . 1196
G. AGE DISCRIMINATION IN EMPLOYMENT . . . 1203CHAPTER 10. DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS . . . 1229
A. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 . . . 1229
B. TITLE IX: SEX DISCRIMINATION . . . 1272
C. BILINGUAL EDUCATION . . . 1289
D. AGE DISCRIMINATION ACT OF 1975 . . . 1303
CHAPTER 11. FEDERAL LAWS PROTECTING THE HANDICAPPED . . . 1305
A. EMPLOYMENT DISCRIMINATION UNDER THE AMERICANS WITH DISABILITIES ACT . . . 1305
B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS AND HOUSING . . . 1360
C. THE REHABILITATION ACT OF 1973 AND THE ADA'S PROHIBITION ON DISCRIMINATION BY PUBLIC ENTITIES . . . 1375
D. THE EDUCATION OF HANDICAPPED CHILDREN . . . 1396
Table of Statutes . . . TS-1
Table of Cases . . . TC-1
Index . . . I-1
