Civil Rights and Constitutional Litigation:

The materials in this text are presented in two parts: constitutional litigation (Part One), and civil rights (Part Two). Teachers can use this book to create courses in constitutional litigation; civil rights policy; statutory enforcement of civil rights; or the intersection of constitutional litigation and legislative policy on civil rights. Substantially revised with all-new Notes, especially in the constitutional litigation section. Part Two includes all-new material on sexual harassment under both Titles IX and VII. The materials on disability discrimination have been expanded substantially. There is new emphasis on the constitutional power of Congress to enact civil rights laws.

Preface to the Third Edition

v

Preface to the Second Edition

ix

Preface to the First Edition

xiii

Introduction

xvii

Table of Cases

xxix

PART ONE. THE ORIGINAL CIVIL RIGHTS STATUTES AND CONSTITUTIONAL LITIGATION

Section 1983--State Interference with Civil Rights

2

(424)

Introduction

2

(21)

Elements of a Plaintiff's § 1983 Claim--Deprivations of Constitutional Rights

23

(95)

Elements of a Plaintiff's § 1983 Claim--Action ``Under Color of'' Law

118

(42)

Official Immunity From Liability for Damages

160

(45)

State--Law Defenses and Sections 1988 and 1738

205

(18)

Relief

223

(55)

Limitations on Relief

278

(78)

Suits Against Governments

356

(60)

Expansion and Contraction of § 1983

416

(10)

Sections 1981 and 1982--Private Racial Discrimination and The Thirteenth Amendment

426

(62)

The Process of Rebirth

426

(15)

Section 1982 and Equal Property Rights

441

(17)

Section 1981 and Equal Contracting Rights

458

(30)

Section 1985(3): Equal Security, Conspiracies, and Dual Constitutional Sources

488

(60)

Resuscitation and Possibilities

488

(19)

The Years of Experimentation

507

(19)

The End of Experimentation

526

(22)

Applying the Older Civil Rights Statutes to Federal Officials

548

(30)

Statutory Claims

548

(6)

Alternatives to the Older Statutes: Direct Constitutional Claims

554

(24)

PART TWO. SECOND RECONSTRUCTION AND BEYOND--THE CIVIL RIGHTS ACTS, 1964--PRESENT

Title II of the Civil Rights Act of 1964--Public Accommodations and Congressional Power Under the Commerce Clause

578

(10)

Title VI and Its Analogues--Civil Rights as a Regulatory Regime

588

(91)

Defining ``Discrimination'': the Intent-or-Effects Controversy

590

(19)

Defining ``Discrimination'': ``Reasonable Accommodation'' for Disabled Persons

609

(31)

The Reach of Title VI and Its Analogues

640

(16)

Enforcement by Privately--Initiated Litigation

656

(23)

Title VII and Its Analogues--Employment Discrimination

679

(139)

``Discrimination'' Proscribed: Standards and Defenses

680

(42)

Special Problems and Extended Analysis

722

(54)

Relief

776

(19)

Voluntary Affirmative Action and Quotas

795

(23)

Voting Rights Act of 1965--Discrimination in Voting

818

(53)

Congress' Constitutional Power

818

(25)

Coverage and Enforcement--Regionally Precleared ``Effects,'' Nationwide ``Results''

843

(28)

Appendix. Selected Provisions of the United States Code

871

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Civil Rights and Constitutional Litigation: Cases and Materials

Summary

Table of Contents

Supplemental Materials