TOGL 0227 - Constitutional Torts

Institution:

Fordham University

Subject:

Description:

What redress is available to someone whose constitutional rights have been violated This seminar will explore substantive and procedural issues in the litigation of constitutional torts under the Civil Rights Act of 1871, 42 U.S.C. section 1983, and under the rubric of Bivens v. Six Unknown Named Federal Narcotics Agents. Topics will include: (1) the definition of state or governmental action, (2) liability of individuals and governmental entities, (3) incorporation of state tort principles, (4) state of mind requirements, (5) immunity defenses, (6) exhaustion requirements, (7) abstention doctrines, (8) the relation to enforcement of statutory and regulatory rights, and (9) available remedies. These and other issues will be examined in the context of cases involving violations of due process rights, the right to free speech, freedom of religion, the right to be free from unreasonable search and seizure, and the right to equal protection of the laws. Notes/Miscellaneous: Message from Professor: Welcome to Constitutional Torts. This seminar explores issues concerning how private individuals obtain remedies against governmental actors for violation of their constitutional (and sometimes statutory) rights. Class Policies: Because this is a seminar, preparation and participation are important. Evaluation is based on an open book, take-home final examination. Grades may be enhanced (but not diminished) on the basis of class participation. 2.000 Credit Hours 0.000 Lecture hours 0.000 Lab hours 2.000 Other hours Levels: Graduate (Semester), Juris Doctor, Master of Laws, Law (Non Degree) Schedule Types: Seminar Law School College Law Department Course Attributes: Law JD Upper Level Courses, LLM Banking, Corporate Finance, LLM Int'l Law & Justice, INLJ, Law LLM Courses

Credits:

2.00

Credit Hours:

Prerequisites:

Corequisites:

Exclusions:

Level:

Instructional Type:

Lecture

Notes:

Additional Information:

Historical Version(s):

Institution Website:

www.fordham.edu

Phone Number:

(718) 817-1000

Regional Accreditation:

Middle States Association of Colleges and Schools

Calendar System:

Semester

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