Const Law II: Rights-Based Litigation

• Semester: Spring 2020
• Course ID: 381C
• Credit Hours: 3
• Unique: 28720

Description

Weinberg, Constitutional Law II:  Rights-Based Litigation (Three hours).

Rights-based litigation is as important to the business client as to the minority client.  The goal of this interesting course is to familiarize ourselves in a lawyerly way with the basics of modern rights-based litigation against government. We will be concerned with litigating cases against government officials to challenge their official actions or the laws they are attempting to enforce against our clients. We are not focused on the substantive rights themselves, but rather on the structural requirements of and impediments to bringing disputes with government to court. This is not about procedure, already covered in the first year, or justiciability doctrines covered in Con Law I and Administrative Law, but rather about major structural issues in the framing and execution of rights-based judicial challenges to government at all levels.  The course deals with a unique, superior, up to date collection of major cases on lawyers' law, with little overlap with other courses.  This course relies on discussion and debate rather than lecture method.  Prerequisites: This course is closed to first-year students, to those who have not completed American courses in torts, constitutional law and criminal law,  and to students who have taken Professor Weinberg's course in Federal Courts.  No application is required; within the enrollment limit of 12, the course is open to all other upperclass first comers. There is no pass/fail option. There is no no-grade option. Evaluation is by participation and occasional memoranda.  Three hours.