Civil Rights Enforcement [Connected eBook]

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Described as “superb” and “inspiring” in a foreword by Dean Erwin Chemerinsky, Civil Rights Enforcement, Third Edition dives deeply into doctrines concerning the enforcement of civil rights via private civil actions and the aspects of those doctrines of most importance to those litigating in the field. Organized as a litigator might think through a case, the book provides students rich, detailed hypothetical problems to which they can apply what they are learning. Alongside these practice-focused elements, the book’s notes, questions, and topic transitions push students to grapple with strategic questions about impact litigation and the role of civil rights litigation in constitutional enforcement, as well as with theoretical questions about tradeoffs between the values of federalism and judicial review and the relationship between rights and remedies. 

New to the Third Edition:

• New sections devoted to:
  • Presidential immunity
  • Enjoining municipalities’ constitutional violations
  • Universal injunctions
• New principal cases on:
  • Universal injunctions (Trump v. CASA, Inc.);
  • Presidential immunity (Blassingame v. Trump);
  • Attorneys’ fees (Lackey v. Stinnie); and
  • Enforceability of statutory rights via § 1983 (Health & Hospital Corp. of Marion County v. Talevski; Medina v. Planned Parenthood of South Atlantic)
• Coverage of other recent Supreme Court cases and significant trends, including on:
  • Standing (First Choice Women’s Resource Centers v. Davenport; FDA v. Alliance for Hippocratic Medicine; Murthy v. Missouri; Bost v. Illinois State Board of Elections; Diamond Alternative Energy, LLC v. EPA)
  • Mootness (FBI v. Fikre)
  • The Heck bar (Olivier v. City of Brandon)
  • Sovereign immunity (Department of Agriculture v. Kirtz)
  • Excessive force (Barnes v. Felix; circuit cases applying Torres v. Madrid)
  • Federal officer liability / Bivens (circuit cases applying Egbert v. Boule; Goldey v. Fields; state converse-1983 laws)
  • Enforcement of statutory rights in equity (Learning Resources, Inc. v. Trump; Nuclear Regulatory Comm’n v. Texas; circuit cases)
  • Qualified immunity (Zorn v. Linton and recent circuit cases)
• New and updated problems, including over a dozen brand-new ones
• Expanded application sections and other explanatory material to reflect recent trends and to enhance student understanding of topics of growing relevance to the field (such as suits in equity and the Federal Tort Claims Act)

Professors and students will benefit from:

• Detailed hypothetical problems with multi-layered fact patterns, including hypothetical statutes, precedents, and litigation documents (many based on actual cases)
• Application notes focusing on how civil rights enforcement doctrines work in practice, what incentives they create, prominent appeals court decisions, and areas of current controversy
• Prologue (and follow-up notes throughout) grounding the material in the history of the civil rights movement and the practice of impact litigation
• Commentary and questions situating the doctrines covered within broader theoretical debates about the role of the federal courts and the gap between rights and remedies
• Detailed coverage of statutory civil rights enforcement, including comparisons to constitutional enforcement
• A focus on doctrines most relevant to practice
• Consideration of the role (or, in many instances, critical absence) of racial justice in the development and implications of civil rights laws and enforcement doctrines
• Rigorous case editing to highlight key issues and avoid unnecessarily sprawling excerpts
• Charts and illustrations of the more complex doctrines
• A consistent focus on doctrines of rights enforcement (as opposed to the content of various rights)—providing the book with a unifying theme and marking out a field of study distinct from Constitutional Law, Criminal Procedure, and Employment Discrimination

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

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