Law Reform and Impact Litigation Seminar

Public interest lawyers have long played a critical role supporting and advancing social change in the United States. This theory-and-practice seminar explores both the historical and theoretical role of litigation in social movements as well as the nuts and bolts of actually engaging in law reform and impact litigation to effectuate systemic change. First, we will establish a foundation for discussion by examining the part lawyers can and should play in social justice movements. We will also look at the ways litigation can effectively facilitate change and the ways it can be frustratingly inadequate. The course will then turn to the practical, real world considerations of systemic advocacy. With a focus on Section 1983 litigation, students will learn how to go about developing a theory of the case, research potential claims and causes of action, and use investigatory tools to test and hash them out; what the ethical questions and challenges are that may come up in representing clients in systemic litigation; how to use narrative and leverage the media to supplement in-court advocacy; what kinds of defenses, defensive strategies, and legal obstacles to anticipate. These and other topics will be explored through readings, case studies, active discussion, written and in-class exercises and simulations (including complaint drafting), and a final paper.