Social Justice Impact Litigation: Issues and Strategies

(Formerly Law 572) This seminar explores strategic, legal, and ethical issues related to using law reform and social justice litigation to advance the constitutional and civil rights of vulnerable communities. The seminar is designed to allow students to understand and grapple with some of the doctrinal and strategic issues faced by social justice litigators. The course will be informed by the instructor's thirty years of litigating cases, including in the Supreme Court, to advance immigrants' rights as the founder and former national director of the ACLU Immigrants' Rights Project. Among the topics that may be included are selecting and using test cases; identifying plaintiffs; coalition litigation; strategic pleading; class action problems; the role of amicus briefs; suits for damages versus injunctive relief; standing and mootness; ethical problems; settlement strategies; use of public advocacy and media; the effect of lawsuits on policymakers and public officials; the role of government and agency lawyers; and litigation to achieve legislative change. Guest speakers 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 unusual cases, a student may be approved for Research (R) credit to write a substantial research paper on an approved topic of current significance. R credit is available 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. Elements used in grading: Class participation (50%) and written submissions (50%). CONSENT APPLICATION: To apply for this course, students are asked to complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.