This course is an attempt to simultaneously examine the influence of civil rights litigation in shaping rules of civil procedure, and the ways in which the changes to litigation rules and practice in general, have transformed civil rights practice over the past 50 years. Using Dred Scott v. Sandford, and Iqbal v. Ashcroft as bookends, the course will examine the close historical and contemporary relationship between civil procedure concepts and rules, and the articulation and understanding of substantive civil rights norms. Subjects that will be explored include standing, intervention, pleading, joinder, class action, judicial recusal -- and the influence of civil rights practice on the 20 and 21st century development of each of these procedural rules and concepts. Likewise the course will explore how trends in civil litigation have influenced the content and meaning of civil rights laws and guarantees. In essence, this course is an attempt to critically interrogate the relationship between substance and procedure through the lens of civil rights law. Finally, the course will explore how practicing civil rights lawyers addressing procedural challenges in litigation.
The course is designed for students who have a strong interest in both complex litigation and civil rights.
Current & Previous Instructors:
|This course is not currently scheduled.|