This casebook provides the most complete treatment available of constitutional tort actions under 42 U.S.C. 1983 and Bivens. The elaborate and increasingly controversial doctrines of official immunity are examined in detail, as is the possibility of direct governmental liability under Monell v. Dept. of Social Services. The Fifth Edition also provides complete coverage of the Civil Rights Attorney's Fees Award Act and its implications for constitutional tort litigation. The book also explores the relation of 1983 to the Eleventh Amendment, to the potential overlap with federal habeas corpus, to the application of doctrines of preclusion, and to conflicts between state and federal law. It also provides an introduction to other Reconstruction Civil Rights Acts ( 1981, 1982, and 1985), to modern statutes such as Title VII and Title IX (which add sex discrimination to previously prohibited grounds of discrimination), and to structural reform litigation in schools and prisons.

This supplement brings the principal text current with recent developments in the law.

This supplement brings the principal text current with recent developments in the law.

This casebook first presents clinical background and summarizes the history of the insanity defense. The heart of the book features extensive excerpts of testimony from the trial of John W. Hinckley Jr., and draws out the widely contrasting accounts of Hinckley's psychiatric condition, motivations, and legal responsibility at the time of the offense. The text then reviews public reactions to the verdict, poses comments and questions about the trial, and summarizes the legislative reforms of insanity defense that followed the verdict. The book concludes by reviewing the 35-year period of judicial oversight of Hinckley's hospitalization, treatment, outpatient supervision and release.

CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.

This casebook features rigorous analysis of legal doctrine positioned against a backdrop of cultural and political debate. Its core is the act and mental state requirements of both the common law and the Model Penal Code. Topics of current interest include sexual assault, stand-your-ground laws, battered woman's syndrome, the insanity defense, and capital punishment. The chapter on liability for the conduct of another is completely new. It integrates treatment of two doctrinal paths to that result, complicity and conspiracy, beginning with the Supreme Court's 2014 Rosemond decision and combining consideration of other doctrines common to both.