Act provides civil remedy for violence; under the new Violence Against Women Act, victims of gender-bias crimes may bring civil rights suits in state and federal court
Article Abstract:
The Violence Against Women Act that Congress passed in Sept 1994 extends Title VII-like protection against discriminatory crimes to those attacked because of their gender. It marks a significant advance and tries to bring some uniformity to the plethora of federal and state laws, many of which exempt from prosecution crimes committed within an existing relationship. In the US, 2.5 million women experience violent crime annually, 90% of the time at the hands of those with whom they are intimate.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Developers assert their civil rights: the use of sec. 1983 to challenge local zoning regulations has given property owners new leverage in negotiating with municipalities
Article Abstract:
The ability of property owners and developers to sue municipalities over zoning and land use regulations via Sec 1983 of the Civil Rights Act has balanced the power of the two sides. Local governments using their regulatory powers should clearly lay out a regulation's basis when enacting the law and should use expert testimony to establish a nexus and rough proportionality when they place a condition on development. A developer must have clear entitlement to approval to win a due process claim.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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- Abstracts: Medical marijuana unwelcome at work; state moves toward decriminalizing medical uses of marijuana give rise to conflicts between state and federal laws
- Abstracts: Statutory interpretation - Family and Medical Leave Act of 1993 - First Circuit holds that the FMLA includes a private right of action for prospective and former employees
- Abstracts: The Andean Trade Preference Act: past accomplishments and present circumstances warrant its immediate renewal and expansion
- Abstracts: Upside down and inside out: appellate review of discretion under the supplemental jurisdiction statute, 28 U.S.C. s. 1367
- Abstracts: What's good for the goose is good for the gander: an argument for the consistent interpretation of the Patent and Copyright Clause