Civil Rights and Constitutional LitigationThis course will examine litigation to enforce constitutional and civil rights, with a particular focus on the procedural and remedial questions in that litigation. We will study cases seeking damages from state and federal officers for violation of constitutional rights, including such matters as official and governmental immunities, governmental liability, the calculation of damages, and the calculation and award of attorneys' fees. We will discuss the major Reconstruction-era civil rights statutes, including Sections 1981, 1982, 1983, and 1985, as well as their criminal counterparts. We will explore the unique questions that arise in injunctive litigation seeking structural relief for violation of civil rights. And we will analyze the law governing congressional power to enact civil rights statutes, including the power to override state sovereign immunity.
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