The Civil Justice System as an Agent of Change

The past 60 years have witnessed a dramatic expansion in the role of the courts as an agent of change in the United States. Constitutional, civil and economic rights have been created, such as marriage equality and strict liability in tort, but rights have also been limited through statutory restrictions and other means. The role of the judge has grown to activist and administrator in cases such as prison reform and housing desegregation. And through it all, it has been lawyers who have fought, won, and lost the battles of expansion and contraction of rights and remedies. Where the government fails to protect us, private practitioners serve a crucial role in challenging the legal "status quo" through civil litigation; vindication of a particular client's claim can simultaneously establish or clarify the rights in question on a societal scale. Taught by an experienced trial lawyer, along with guests from both plaintiff and defense practices, course readings and discussion will draw on a wealth of textual, law review, and lay media, and the arc of relevant case law, including real trial experiences and litigation documents. This course explores changes in motor vehicle and commercial product safety, medical malpractice, police misconduct, civil rights, marital rights, sexual harassment and abuse, firearms liability, school and housing desegregation, college hazing, privacy, school funding and consumer safety. We'll study the titanic struggle over appropriate remedies for wrongs in these substantive areas, ranging from immunity to limits on recoveries, compensatory and punitive damages, injunctive relief and other equitable remedies. We'll also study how a plaintiff or defense lawyer can make a difference for their clients and others similarly situated to catalyze significant societal improvement. Elements used in grading: The grade is based on class work (i.e., contribution to discussions and participation in class exercises) and a final paper. There is no exam. No automatic grading penalty for late papers.