The 1866 Civil Rights Act is one of the most monumental pieces of legislation in American history, figuring into almost every subsequent piece of legislation dealing with civil rights for the next century. While numerous scholars have looked at it in the larger social and political context of Reconstruction and its relationship with the Fourteenth Amendment, this will be the first book that focuses on its central role in the long history of civil rights. As George Rutherglen argues, the Act has structured debates and controversies about civil rights up to the present. The history of the Act itself speaks to the fundamental issues that continue to surround civil rights law: the contested meaning of racial equality; the distinction between public and private action; the division of power between the states and the federal government; and the role of the Supreme Court and Congress in implementing constitutional principles. Slavery, Freedom, and Civil Rights shows that the Act was not just an archetypal piece of Radical Republican legislation or merely a precursor to the Fourteenth Amendment. While its enactment led directly to passage of the amendment, their simultaneous existence going forward initiated a longstanding debate over the relationship between the two, and by proxy the Courts and Congress. How extensive was the Act's reach in relation to the Amendment? Could it regulate private discrimination? Supersede state law? What power did it endow to Congress, as opposed to the Courts? The debate spawned an important body of judicial doctrine dealing with almost all of the major issues in civil rights, and this book positions both the Act and its legacy in a broad historical canvas.

Civil Rights in the Shadow of Slavery: The Constitution, Common Law, and the Civil Rights Act of 1866

History

Rutherglen, George A.

Americas

Oxford University Press

ISBN: 1566627664. *Civil Rights Actions: Enforcing The Constitution * By John C. Jeffries, Jr. , Pamela S. Karlan, Peter W. Low, and George A. Rutherglen.

Civil Rights Actions: Enforcing the Constitution (University Casebook)

Karlan, Pamela S.

Jeffries, John C., Jr.

Low, Peter, W.

Constitutional Law

Foundation Pr

Law school casebook intended as an introduction to the field of employment discrimination law, both at the abstract level of theory and at the concrete level of doctrine. As much an introduction for experienced lawyers and scholars who come to this field with a thorough knowledge of other aspects of the law as for law students who have just begun preparing for their careers.

Employment Discrimination Law: Visions of Equality in Theory and Doctrine (Concepts and Insights Series)

ISBN: 1587786966.  ***Civil Rights Actions: Enforcing the Constitution*** by John C. Jeffries, Jr. , Pamela S. Karlan, Peter W. Low, and George A. Rutherglen.

Civil Rights Actions: Enforcing The Constitution 2004 (University Casebook Series)

The Second Edition provides the most complete treatment available of the vindication of constitutional rights through money damages and the closely related subject of attorney's fees, as well as an introduction to injunctive practice and modern structural reform litigation. It focuses on 42 U.S.C. 1983 and related statutes that permit judicial vindication of civil rights without resort to administrative proceedings. The availability of attorney's fees is considered in detail, as is the relation of civil rights damages to the Eleventh Amendment. The book also provides an introduction to modern civil rights legislation and a look at structural reform injunctions.

Civil Rights Actions: Enforcing the Constitution (University Casebook Series: Cases and Materials)

In Rutherglen and Donohue’s Employment Discrimination, Law and Theory, the authors preserve the relative simplicity and compact coverage of an introductory employment discrimination law casebook for a field that grows ever more complex. Keeping the larger questions in view and the controversial arguments that surround them on all sides, remains a challenge as cases and statutes raise ever more finely tuned issues of doctrine. This edition:
<ul>
<li>Keeps readers abreast of recent developments</li>
<li>Assesses what those developments hold for the future of employment discrimination law</li>
<li>Introduces the issues in a field of continuing vitality and controversy</li>
</ul>

Employment Discrimination, Law and Theory, 3d (University Casebook Series)

Donohue III, John J.

Business

Foundation Press

This casebook provides the most complete treatment available of constitutional tort actions under 42 U.S.C. § 1983 and Bivens. The elaborate doctrines of official immunity are examined in detail, as is the possibility of direct governmental liability under Monell v. Dept. of Social Services. The third edition also explores the relation of § 1983 to the Eleventh Amendment and the all-important topic of attorney’s fees. Finally, it provides generous introductory treatment of modern civil rights actions under Titles VII and IX and of the evolution and scope of structural reform litigation.

Civil Rights Actions: Enforcing the Constitution, 3d (University Casebook Series)

Jeffries Jr., John C.

Peter W. Low, Peter W.

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