The University of Texas at Austin   School of Law

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Fall 2007 - Constitutional Litigation

Harrington, James C

Credit Hours: 3  Course ID: 397S  Unique # 29670

Meeting Day(s)TimeLocation
TH3:30 - 5:20 pmJON 5.204
Exam Type  Date Time      Name Range Regular Room Extegrity Room
Paper
Registration Information
This course is restricted to upper division students only.
You must have at least 43 credit hours to register.

Description
This seminar explores in depth the major constitutional issues that occur in contemporary litigation and appellate work.  The course focuses on a wide range of current substantive and procedural civil rights topics.

Those issues include governmental liability, sovereign and qualified ("good faith") immunity, damages against municipalities, punitive damages against officials, claim preclusion (res judicata and collateral estoppel) between federal and state courts, exhaustion of administrative remedies, supplemental state constitutional claims, interlocutory appeals from denial of qualified immunity, limited discovery on immunity for summary judgment motions, abstention, standing, and mootness.  There is one class session on the Americans with Disabilities Act.

The seminar also examines current directions of Supreme Court constitutional development, such as the state's duty of care in non-custodial situations (such as schools) and custodial settings (including jails), and how these issues are handled by Circuit Courts of Appeals, particularly the Fifth Circuit.  The course looks at evolving Fourteenth Amendment decisional law affecting fundamental rights, suspect classes, and affirmative action.

Finally, the seminar emphasizes practical problems that arise at trial and appellate levels.  These involve pleading practice, class certification, creating and protecting structural reform injunctive relief, and safeguarding attorneys' fees.

The seminar is led by a civil rights attorney with thirty-three years' experience in complex constitutional litigation.  The seminar often does actual constitutional problem solving through hypothetical cases.

Three credit hours.  Written paper, topic of student's choosing.  May be taken for writing credit.

Text:  Civil Rights Actions:  Enforcing the Constitution (University Casebook) by John Calvin Jeffries, Pamelsa S.  Karlan, Peter W.  Low, et al., and current supplement.  There will be some supplemental materials.

For further information, please call Jim Harrington (512-474-5073).

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