Section 1983 Litigation


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.







Section 1983 Litigation


Book Description







Americans with Disabilities Act Handbook


Book Description

The Americans With Disabilities Act Handbook provides comprehensive coverage of the ADA's employment, commercial facilities, and public accommodations provisions as well as coverage of the transportation, communication, and federal, local, and state government requirements. In one comprehensive two-volume set, you'll get a complete analysis of the Act and all the forms and case law you'll need to prepare your case. Recognized ADA authority Henry H. Perritt, Jr., clearly defines statutory and regulatory requirements for public and private employers, commercial facilities and places of public accommodation. There's a complete analysis of the rapidly expanding case law - organized by frequently litigated topics, like wheelchair access and AIDS discrimination. In-depth analysis is provided for the numerous federal and state cases and significant regulatory activity by the EEOC cropping up each year. You'll also get thorough analysis of how the Rehabilitation Act of 1973 relates to ADA. The statutory definition of disability and the concept of being andquot;otherwise qualifiedandquot; for a job are also discussed in-depth. And you'll see exactly what employers, business owners, and providers of governmental services must do to make andquot;reasonable accommodation.andquot; Plus, a comprehensive section that organizes case law by type of physical and mental impairment and accommodation by type of job requirement, making analysis easier. Americans With Disabilities Act Handbook has been updated to include: Analysis of a Supreme Court case finding that Wal-Mart class action did not meet requirements of Federal Rules of Civil Procedure 23 Case law applying the 2008 Amendments and EEOC's implementing regulations Analysis of Supreme Court case providing a framework for andquot;cat's pawandquot; proof of disparate treatment Analysis of a Supreme Court case finding retaliation because of a fianceand´e's protected activity Analysis of a Supreme Court case allowing oral requests for FMLA leave Analysis of cases assessing whether the employer erroneously perceived an employee as unable to perform a andquot;range of jobsandquot; Discussion of a case denying safe harbor to a recovering drug abuser Analysis of case allowing an employer to assign an HIV-positive employee to train only those employees signing a waiver Discussion of a case finding that a return-to-work medical examination did not violate the ADA Analysis of the andquot;one-strikeandquot; rule imposed by an employers' association Discussion of a case finding that reductions in paratransit services did not violate ADA New cases rejecting challenges to arbitration







Critical Issues in Police Civil Liability


Book Description

Building on the strength of previous editions, the fourth edition presents a well-conceived, clearly stated analysis of complex issues confronting law enforcement officers and administrators. Law enforcement duties sometimes place police officers in vulnerable positions regarding their legal obligations and expose them to charges of misconduct. Civil liability is an extremely expensive proposition for police officers, law enforcement agencies, governments, andultimatelytaxpayers. Although substantial resources are often expended by the justice system to resolve liability cases, there are benefits to citizens. When the government assumes the responsibility to provide service or to protect the public, people injured by inadequate performance of those responsibilities deserve compensation; innocent parties who suffer injury should have an avenue for redress. The potential for litigation has been an impetus for better training and more responsible practices. Another excellent resource on the topic, Kappelers edited volume of Supreme Court cases, Police Civil Liability, Second Edition, allows students to understand firsthand the legal reasoning behind Court decisions dealing with these same issues.




Clearinghouse Review


Book Description