LAWS C143 - Civil Rights Litigation

Institution:

Duquesne University

Subject:

LAWS - Law School

Description:

This course will examine the major civil rights statutes that implement the guarantees of the United States Constitution. Since the Civil War era, Congress has adopted significant legislation seeking to ensure that certain fundamental rights are safe-guarded--including the equal protection and due process guarantees; the liberty of contract; the right to own property; and the right to vote. In modern courtrooms, most civil rights litigation is carried out under the banner of one or more of these statutes. Emphasis in this course will be placed on the most heavily utilized civil rights law: Section 1983 of the Civil Rights Acts (violation of civil rights under color of state law); Section 1981 (violation of right to make and enforce contracts); Section 1982 (violation of right to hold and enjoy property); Section 1985(3) (private conspiracies to deny civil rights); and the Voting Rights Act of 1965 (violation of right to vote). Although many of the leading cases focus on discrimination based upon race and national origin, the above statutes also spill into countless other types of civil rights violations, including deprivation of First Amendment rights, prisoner civil rights, sex discrimination, and discrimination based upon religious and political beliefs. This course will also examine defenses and immunities available to defendants sued for civil rights violations, including protections afforded members of the legislative, judicial, and executive branches faced with civil rights suits. In a related vein, we will examine the concept of sovereign immunity as it applies to federal, state and local governments. This is not a skills course, but a course that explores federal civil rights statutes in detail. Grades will be based upon a final take-home examination. Co-requisite: Constitutional Law

Credits:

2.00

Credit Hours:

Prerequisites:

Corequisites:

Exclusions:

Level:

Instructional Type:

Lecture

Notes:

Additional Information:

Historical Version(s):

Institution Website:

www.duq.edu

Phone Number:

(412) 396-6000

Regional Accreditation:

Middle States Association of Colleges and Schools

Calendar System:

Semester

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