Course Materials and Week One Assignments

Review Syllabus and Semester Assessments; both contain complete details about the course, assignments, pedagogical approach, course rules, and grading methods. You should bring the Syllabus with you to every class. We will discuss this at the beginning of the second class, on Tuesday, January 7.

 

Technology and Class Conduct: 

Use of laptops, tablets, book readers, smart phones, and similar devices during class is absolutely prohibited, unless you have received permission or accommodation in advance.

 

The use of ChatGPT and other generative AI, LLM, or similar programs for written assignments is prohibited and will be deemed a violation of FIU and College of Law academic policies.

 

 

Plagiarism Policy

 

Just don't. 

Required Course Materials: 

Howard M. Wasserman, Understanding Civil Rights Litigation (Carolina Academic Press) (3d ed. 2023)

     Appendix A: Constitution of the United States
     Appendix B: Emancipation Proclamation

     Appendix C: United States Code and Federal Rules of Civil Procedure (selected provisions) 

Civil Rights Blog (Supplemental Materials) 

Blog (additional puzzles, cases, stories, and information may be posted as the semester goes along).

Note on Reading and Class Discussions

All reading will be in Understanding Civil Rights Litigation, supplemented by a handful of cases. We will spend more class time on the Puzzles from each chapter and  less time working through the doctrine, especially on the problem-intensive sections. This is the trade-off: There is less reading in this class and the reading is more straightforward than parsing cases yourself. But you must learn the doctrinal and theoretical basics (including the facts and details of key cases listed on the syllabus) through the short and straight-forward reading in preparing for class; you must understand the basic rules, standards, and ideas on a broad level, then apply that to our discussion of the Puzzles and problems. 

 

Assignments for the first week of class, Monday, January 6-Tuesday January 7. You can read that entire Chapter 2 if you want to get ahead:

Introduction/Historical Context                   Understanding Ch. 1

   Provisions:

     U.S. Const. amend. XIII, XIV
     Emancipation Proclamation (App. B) 

      42 U.S.C. § 1983

      18 U.S.C. § 242

      34 U.S.C. § 12601 (formerly 42 U.S.C. § 14141)

Other: Barton, Great Judicial Stylists (Blog) (Skim) 

            Good Writing and Talking Procedure (Blog) (Live it and learn it)

    

Elements of Civil Rights Claims

Introduction                                                                            Understanding § 2.01

“Under Color of Law” and State Action                               § 2.02

   Provisions:

      42 U.S.C. § 1983

      18 U.S.C. § 242

      34 U.S.C. § 12601 (formerly 42 U.S.C. § 14141)

   Cases:

      Monroe v. Pape (1961)

    Puzzles: §2.02[6]

Consider:

    • Understand the history of congressional action from the end of the Civil War, through Reconstruction, and until 1877. What are the ideals underlying the various constitutional amendments and legislation?

    • What are the different mechanisms and postures for asserting constitutional rights? What is the goal and purpose of each? 

    • Is the judge in Brock v. City of Ord correct in his complaint about the plaintiff? How does that view view square with the existence and purpose of the civil rights statutes we are focused on?

    • What are the two main Reconstruction laws for enforcing constitutional rights?

    • What is the core meaning of "under color" and how does Monroe expand on that?

    • Work the puzzles in § 2.02[6]