Litigation and Public Policy

Catalog description

In this course we will discuss issues involved in litigating challenges to government conduct and policies, partly using case examples from the instructor's time in the San Francisco City Attorney's Office and on the bench in the Northern District of California. Focus will be on concepts and litigation strategy rather than doctrine. Topics will include injunctive relief (including nationwide injunctions); the interaction between litigation and the legislative/rulemaking process; who can (and who should) sue on public policy questions; how to navigate the fuzzy dividing line between lawyer and policymaker when representing elected officials; and the overall role of the courts in addressing public policy challenges. Elements used in grading: Attendance, class participation, written assignments. Class meets March 31, April 7, April 14 and April 21 [4:15-6:30].