EXP: Litigating Civil Rights Cases (Feinberg)
Faculty
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| Jonathan Feinberg Lecturer in Law jfeinberg@krlawphila.com |
Additional Information
Experiential CourseYes
Skills Training
Oral Presentations
Team Projects
Drafting Legal Documents
Other Professional Skills:
Grading
100% Participation
No
Class meets in person.
Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.
I offer the following to students who miss class due to illness:
- Class sessions are regularly recorded. If you are absent due to illness or some other unavoidable circumstance, email me and I can send you an email with instructions for accessing the recording for the class session(s) you missed.
Meeting Times/Location
T 4:30PM - 6:20PM
Silverman Hall 280
Category
Upper-Level
Credits
2.0
This credit/fail course will provide experiential instruction in the pre-trial litigation of civil rights cases under 42 U.S.C. ยง 1983, focusing specifically on cases arising in the criminal legal system (police misconduct, prison/jail/detention facility misconduct etc.). Throughout the semester, the class will use a mock case file based on a recently litigated wrongful conviction claim as students participate in each stage of the litigation, including the following:
- Client and witness interviewing - Assessing the viability of legal theories and defenses - Drafting pleadings, including complaints - In-court conferences on pretrial discovery matters (expected to include an in-court hearing with a federal judge) - Discovery techniques and tools, including deposition questioning - Settlement advocacy and negotiation (expected to include a settlement conference with a federal magistrate judge)
Class sessions will involve a blend of brief lecture and demonstration by the instructor, with occasional guest practitioners, and student participation in mock litigation exercises. Out-of-class work will require tasks akin to the work a practicing attorney performs to prepare for litigation activities, such as background research and investigation, document review, and drafting of pleadings.
Although this is not a doctrinal class, prior exposure to the relevant substantive legal areas (e.g., the Constitutional Litigation or Federal Courts courses) is preferred but not required.
Skills Learning outcomes: Demonstrate an understanding of the individual course skill; Demonstrate the ability to receive and implement feedback; Demonstrate an understanding of how and when the individual course skill is employed in practice.
Constitutional Law Learning outcomes: Demonstrate a core understanding of constitutional law; Perform legal analysis in the context of constitutional law; Communicate effectively on topics related to constitutional law; Demonstrate an understanding of constitutional law affects other areas of law.
Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.
Public Interest Learning outcomes: Demonstrate a core understanding of the varied legal aspects of public interest law; Perform legal analysis in the context of public interest law; Communicate effectively on topics related to public interest law; Demonstrate an understanding of how public interest law is connected to and affected by a wide variety of legal and regulatory structures and doctrines.