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- Title
THE PERVERSITY OF LIMITED CIVIL RIGHTS REMEDIES: THE CASE OF "ABUSIVE" ADA LITIGATION.
- Authors
Bagenstos, Samuel R.
- Abstract
The article focuses on the effect of the limited civil rights remedies in response to the abusive litigation conduct in the U.S. It illustrates the decision of the Supreme Court on the case "Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources" as it rejected the catalyst theory for recovery of statutory attorney's fees. The limitation of remedies for violations will weaken the enforcement of civil rights laws and is critized as abusive.
- Subjects
UNITED States; CIVIL rights; ACTIONS &; defenses (Law); LEGAL judgments; BUCKHANNON Board &; Care Home Inc. v. West Virginia Department of Health &; Human Resources (Supreme Court case)
- Publication
UCLA Law Review, 2006, Vol 54, Issue 1, p1
- ISSN
0041-5650
- Publication type
Article