Litigating Antidiscrimination Laws (21197). 2 or 3 units. This course (formerly titled Enforcing Antidiscrimination Laws) is intended to fuse theory with practice – to explore (1) whether and how the theories that undergird our antidiscrimination laws are enforced in our courts and (2) what advocates (in a range of contexts) can and should be doing to enhance or improve enforcement of our antidiscrimination laws. Topics covered will include:
The Public/Private Distinction in Enforcement
Non-Individual Plaintiffs and Standing
Challenges Posed by Atypical Plaintiffs
Class Certification under the Roberts Court
Ever-Increasing Standards of Proof
Litigating Reproduction and Parenting
Theories of Bias and Fact Finders
The Role of Statistical Evidence in Demonstrating Discrimination
Monetary (Dis)Incentives for Individuals to Act
Juries, Identity Politics, and Trial Narratives
Programmatic Relief as a Product of Antidiscrimination Litigation
Pursuing and Articulating Solutions
Course materials will draw heavily from actual litigation materials including motion memorandum, long-form briefs, other litigation materials and secondary literature to help provide a practice-based perspective on these issues. The instructor will draw on recent experiences on the Hill and in courtrooms around the country and will encourage students to critically engage with their own life experiences to identify strategy and policy solutions moving forward.
The course is intended to complement the Antidiscrimination Law and Employment Discrimination Law courses. Students who have taken those courses should feel free to take this course as well, although those courses are not prerequisites. Two units, based on class participation and a final examination; 3 units, based on class participation and a final paper in lieu of an examination. A limited number of students will be accepted for the paper option which can count as the Substantial Paper. Please note than only a limited number of students will be accepted for the paper option. Self-scheduled examination or paper option. K.M. Kimpel.
SLB - 124 (Tue) Grade mode: graded CRN: 23321
Exam: 5/02/2016 - 5/16/2016 Questions available online Name or Id: Id Length: 5 hour(s)
Notes: Use your exam ID.