Constitutional Litigation
Current Offerings
Constitutional Litigation (7011): This is a course in advanced and applied constitutional law. It focuses on one of the central ways in which constitutional claims are actually litigated: in lawsuits against public officials and local governments. The bulk of the course looks at litigation under 42 U.S.C. § 1983. We will consider topics such as what it means to act "under color of state law;" absolute and qualified immunities; government liability for the acts of individual officials; and remedies for constitutional violations. This course is particularly useful for students who plan to clerk on federal courts, as much of their dockets involves §1983 litigation. This course complements Federal Courts. Elements used in grading: Participation, Attendance, Exam.
Sections
Past Offerings
Civil Rights Litigation (7011): This course addresses the enforcement of constitutional and statutory rights in court. It focuses on civil litigation brought by non-governmental parties, such as individuals or public interest organizations. Major topics include causes of action for constitutional violations (42 U.S.C. § 1983 and Bivens), defenses and limitations to liability for constitutional violations (including qualified immunity and municipal liability), the enforcement of statutory rights, and remedies for violations. While teaching legal doctrine, the course also considers practical and strategic questions in civil rights suits as well as theoretical and historical debates concerning the value and role of such litigation. We address substantive topics including police uses of force and various constitutional rights, but the focus is on the law related to bringing and defending against such lawsuits, rather than substantive law. This course complements other offerings such as Constitutional Law, Federal Courts, Advanced Civil Procedure, and Social Justice Impact Litigation. (It overlaps heavily with Professor Karlan's Constitutional Litigation course, so you can't take both). Elements used in grading: Participation, Attendance, Exam.
Sections
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2023-2024 AutumnSchedule No Longer Available