Social Justice Impact Litigation and Lawyering

Catalog description

This seminar explores doctrinal, strategic, and ethical issues related to social justice lawyering and impact litigation in today's legal environment. The course will draw on the instructor's decades of experience litigating immigration and civil rights law reform and class action cases in federal courts nationwide as founder and director of the ACLU Immigrants Rights' Project and on service in the Obama and Biden administrations at DHS and DOJ. The course will explore strategies for advancing the constitutional and civil rights of vulnerable communities in a range of areas that may include policing and criminal justice reform, immigrant justice, LGBTQ+ equality, labor rights, and other social justice issues. We will discuss such topics as bringing test cases, identifying plaintiffs; conducting coalition litigation; strategic pleading; the role of amicus briefs; suits for damages versus injunctive relief; standing and mootness; ethical problems; attorneys' fees; using the media; and the role of government and agency lawyers. Specific issues will be informed by student interest. The emphasis will be on suits against the federal government but litigation against states and localities (as well as private entities) will also be discussed. Guests with a range of views and with expertise in different areas will be invited. Enrollment is limited and the seminar is not open to 1L students. Students are expected to submit a series of reflections (totaling 18 pages) in response to seminar issues and guest speakers. In a very limited number of cases, a student may request Research (R) credit to write a substantial research paper on an approved topic of current significance. R credit is rarely available and only with the instructor's prior consent early in the quarter. Students approved for R credit will transfer from section (01) into section (02) after the term begins.…