This article confronts the serious implications of a recent U.S. Supreme Court decision, Alexander v. Sandoval, which eliminated an important legal avenue for civil rights plaintiffs. For over 35 years, individuals have been allowed to bring lawsuits directly challenging violations of rights set forth in the federal regulations implementing Title VI of the 1964 Civil Rights Act. Because these actions could be grounded in proof of disparate impact, rather than discriminatory intent, they allowed for some claims that could not go forward under other legal authorities, such as the Fourteenth Amendment. While the author concludes by identifying key remaining options, he highlights the real damage done by this decision
In this Article Professor Silver addresses the shifting of attorneys\u27 fees in administratively re...
Modern civil rights policy is, as the late Justice Scalia warned, at “war.” On the one hand, some la...
The United States Supreme Court promulgated the 1983 amendments to the Federal Rules of Civil Proced...
This article confronts the serious implications of a recent U.S. Supreme Court decision, Alexander v...
The Supreme Court in Alexander v. Sandoval limited plaintiffs\u27 ability to challenge racially ineq...
Environmental justice litigants have used federal courts to challenge actions on the part of federal...
The Civil Rights Act of 1964, one of the most significant legislative achievements in American histo...
The Supreme Court, through a series of recent decisions has effectively overridden Congress’ dictate...
This Article argues that the Supreme Court\u27s recent disparate treatment decisions under Title VII...
The United States has recently been engaged in some of the largest civil rights movements since the ...
There is no comprehensive civil rights statute in health care comparable to the Fair Housing Act, Ti...
Article discusses how the United States Supreme Court has limited access of civil rights litigants t...
Today it is not unusual for a § 1983 plaintiff to establish a violation of the U.S. Constitution and...
The United States Supreme Court’s discourse on discrimination affects how fundamental civil rights -...
The modern class action rule recently turned fifty years old — a golden anniversary. However, this m...
In this Article Professor Silver addresses the shifting of attorneys\u27 fees in administratively re...
Modern civil rights policy is, as the late Justice Scalia warned, at “war.” On the one hand, some la...
The United States Supreme Court promulgated the 1983 amendments to the Federal Rules of Civil Proced...
This article confronts the serious implications of a recent U.S. Supreme Court decision, Alexander v...
The Supreme Court in Alexander v. Sandoval limited plaintiffs\u27 ability to challenge racially ineq...
Environmental justice litigants have used federal courts to challenge actions on the part of federal...
The Civil Rights Act of 1964, one of the most significant legislative achievements in American histo...
The Supreme Court, through a series of recent decisions has effectively overridden Congress’ dictate...
This Article argues that the Supreme Court\u27s recent disparate treatment decisions under Title VII...
The United States has recently been engaged in some of the largest civil rights movements since the ...
There is no comprehensive civil rights statute in health care comparable to the Fair Housing Act, Ti...
Article discusses how the United States Supreme Court has limited access of civil rights litigants t...
Today it is not unusual for a § 1983 plaintiff to establish a violation of the U.S. Constitution and...
The United States Supreme Court’s discourse on discrimination affects how fundamental civil rights -...
The modern class action rule recently turned fifty years old — a golden anniversary. However, this m...
In this Article Professor Silver addresses the shifting of attorneys\u27 fees in administratively re...
Modern civil rights policy is, as the late Justice Scalia warned, at “war.” On the one hand, some la...
The United States Supreme Court promulgated the 1983 amendments to the Federal Rules of Civil Proced...