Civil Rights Litigation

Catalog description

Elective Course Enrollment Limit: 25 Prerequisite: Constitutional Law I & II Course Requirement: paper or exam Fulfills Current Concentration Elective: Business Law- Energy and Environmental Law Track, Government and Public Interest- Basic Government Track, Government and Public Interest- Energy and Environment Track, Government and Public Interest- Health Law Track, Government and Public Interest- Mission and Moral Life Track This course will examine the major civil rights statutes that implement the guarantees of the United States Constitution. Since the Civil War era, Congress has adopted significant legislation seeking to ensure that certain fundamental rights are safeguarded, including the equal protection and due process guarantees; the liberty of contract; the right to own property; and the right to vote. In modern courtrooms, most civil rights litigation is carried out under the banner of one or more of these statutes. Emphasis in this course will be placed on the most heavily utilized civil rights law: Section 1983 of the Civil Rights Acts (violation of civil rights under color of state law); Section 1981 (violation of right to make and enforce contracts); Section 1982 (violation of right to hold and enjoy property); Section 1985(3) (private conspiracies to deny civil rights); and the Voting Rights Act of 1965 (violation of right to vote). Although many of the leading cases focus on discrimination based upon race and national origin, the above statutes also spill into countless other types of civil rights violations, including deprivation of First Amendment rights, prisoner civil rights, sex discrimination, and discrimination based upon religious and political beliefs. This course will also examine defense and immunities available to defendants sued for civil rights violations, including protections afforded members of the legislative, judicial, and…