September 01, 2015

Distinguishing Bad Case Law and Statutes

Rebecca A. Taylor
From Civil Rights Litigation: Representing Plaintiffs Today, Chapter 11

When it comes to finding law for your arguments, while you should not have to litigate the other side’s case for them, you should be aware of the arguments they are likely to use and the law in support of those arguments. When it comes to civil rights today, there is no end of bad case law and statutes on which the defendants will rely in favor of continuing abusive practices. The field of civil rights law is so vast and wide that, most likely, you will find law in support of your arguments as well, which will most likely include Supreme Court decisions. The problem is that the defendants have a literal buffet of recent anti-civil rights law at their disposal. What can you do in response? Distinguish, distinguish, distinguish.

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