Government Liability in Constitutional Litigation (LAW-873-001)
Feldman
Meets: 01:30 PM - 02:50 PM (TTH) - Room 504
Enrolled: 5 / Limit: 16
Notices
There are no notices at this time.
Description
This course examines the abundant case law involving litigation against state and federal officers for violations of constitutional rights. Such actions are brought against state officers pursuant to section 1983 of the Civil Rights Act of 1871, 42 U.S.C. 1983, and against federal officers through judge-made law, so-called "Bivens" actions. Understanding why and how such actions are brought against officers, rather than against the state and federal governments, involves exploration of the concept of sovereign immunity, and examination of the Supreme Court's controversial Eleventh Amendment jurisprudence. Section 1983, in particular, is an important area of litigation, as thousands of such cases are brought in the federal courts each year. During its current Term, the Supreme Court is expected to decide no fewer than five section 1983 cases. The course will cover the kinds of harm that are actionable under section 1983, the elements of the violation, and the extensive case law concerning defenses that can be raised, such as absolute and qualified immunity. At the end of the course, some time will be devoted to discussing some of the most important exceptions to federal sovereign immunity (related to, but clearly distinct from, state sovereign immunity), such as the Federal Tort Claims Act (torts) and the Contract Disputes Act (contracts).
Textbooks and Other Materials
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First Class Readings
Not available at this time.