Civil Rights Law Welcome to the Homepage of Civil Rights Law This website contains information regarding the class. Click on the links below to take you to the documents indicated.

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***I urge you to make your personal health a top priority!***

UL Counseling and Testing Center 482-6480, 2nd Floor of Olivier Hall

Suggested list of self-help books

SYLLABUS

The syllabus handed out in-class.

Reading and Briefing Court Cases

• The Judicial Branch Brief overview of the U.S. federal court system.
• How to Read Court Cases Handout on understanding the basic elements of court cases.
• Elements of a Case Brief Explanation of a case brief, with a sample brief of Roe v. Wade.
• Signaling Words Some common words courts sometimes use in certain parts of their opinions.

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EXAMS

• I strongly urge you to study together for exams.
• ***Permanent-ink pen and bluebooks are required for exams!
• Study Guide for all exams
***Note: This is the material for the entire course. Be sure to note in class specifically which of this material is covered on each individual exam!!!
• Model Exam Answer IRAC explanation, with sample exam question with model answer.
• Model Exam Answer #2 IRAC example discussing a Free Exercise of Religion hypothetical.
• Pattern for Free Excercise IRAC Example of both good and poor Free Exercise IRAC answers.
• Common Exam Mistakes 10 most common mistakes made in analyzing hypothetical cases on exams. ***Note that these mistakes should be avoided in your appellate brief assignment as well!!!

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ASSIGNMENTS (Don't forget due dates!!!)

• I strongly urge you to work together on assignments.
• All assignments or drafts thereof must be typed.
• Appellate Brief Assignment
Due Date: See Syllabus

• Appellate Brief Case Options Choose one of the sides in one of these cases for your appellate brief.
• Common Mistakes in Appellate Briefs Note: See also Common Exam Mistakes above.
• Basics of Legal Research A brief introduction to legal research and legal citations.
• Sample Brief 2 Examine this actual appellate brief filed in the U.S. Supreme Court. Notice how the brief presents the Table of Contents and the Table of Authorities, and the Introduction is basically the same as a Summary of Argument. It leaves out the Statement of the Case and Question Presented only because it is a "reply brief" filed as a secondary brief in rebuttal to the opposing counsel's primary brief. However, this brief is a good, concise example of an appellate brief. Give particular attention to the application of the "standing" rule from the Lujan case. First the rule is set out, and then each element of the rule is argued in turn. Also, in the brief as a whole, notice how cases are analogized to or distinguished, how opposing arguments are rebutted, how cases are quoted or cited in support, and how section headings guide the reader.
• Sample Brief Another actual brief, this one filed in the U.S. Court of Appeals. Notice how the brief is well organized with clearly headed sections, and how the arguments are extensively supported with legal citations. Be aware, however, that some of these arguments and citations would be different had this brief been filed after more recent U.S. Supreme Court cases interpreting the Establishment Clause.
• Sample Appellate Briefs Here you can find numerous briefs written by attorneys arguing cases before the U.S. Supreme Court. Make sure that you look only at briefs "on the merits" which fully discuss and debate the main legal issues involved in the case, as opposed to briefs arguing for or against a writ of certioriari or other procedural matters. Briefs "on the merits" should give you a feel for the organization and the general style of analysis used in a appellate brief.

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COURSE READINGS

I. CONSTITUTIONAL CIVIL RIGHTS

A. EQUAL PROTECTION

1. Discrimination Involving Fundamental Rights

2. Discrimination involving Suspect Classes: Race; Ethnicity; National Origin


• Intent of 14th Amendment Excerpts from Congressional debate on the 14th Amendment.
• Dred Scott v. Sanford
• Jim Crow History A short history of Jim Crow laws.
• Jim Crow Laws A brief sample of Jim Crow laws from various states.
• Plessy v. Ferguson
• Korematsu v. United States
• Brown v. Board of Education
• Grutter v. Bollinger

3. Discrimination involving Quasi-Suspect Classes: Sex; Status as Marital/Non-Marital Child


• Bradwell v. Illinois
• Frontiero v. Richardson
• U.S. v. Virginia
• Equal Rights Amendment A brief history of the Equal Rights Amendment.

4. Non-Suspect Classes: Everything Else (Default Category)


• Romer v. Evans
• Baker v. StateSupreme Court of Vermont

B. UNENUMERATED RIGHTS

1. Privileges and Immunities

2. Substantive Due Process/Familial Privacy

• Federalist 84 [Excerpted] Argument against a Bill of Rights
• Anti-federalist 84 Argument in favor of a Bill of Rights
• Congressional Record Madison speaks to the House of Representatives on a proposed provision of the new Bill of Rights, which will eventually become the 9th Amendment.
• Natural Law The role of natural law in the development of the Constitution.
• Griswold v Connecticut
• Planned Parenthood of Pennsylvania v. Casey
• Lawrence v. Texas
• Ravin v. StateSupreme Court of Alaska

II. STATUTORY CIVIL RIGHTS

A. Overview

• Summary of Federal Employment Discrimination Law From the U.S. Equal Employment Opportunity Commission (EEOC)
• select key Title VII substantive provisions
• select key EEOC regulations on harassment
• select key employment-related provisions of the Americans with Disabilities Act

B. General Analysis for Individual Disparate Treatment

• McDonnell Douglass Corp. v. Green
• Desert Palace, Inc. v. Costa

C. General Analysis for Systemic/Class/Group Disparate Treatment

• Teamsters v. U.S.
• King v. General Electric
• Hazelwood School District v. U.S.
• EEOC v. Joe's Stone Crabs

D. General Analysis for Systemic/class/group Disparate Impact

• Griggs v. Duke Power
• Wards Cove Packing v. Atonia
• City of Los Angeles v. Manhart

E. Voluntary Affirmative Action

• United Steelworkers of America v. Weber
• City of Richmond v. J.A. Croson

F. Discrimination against specific protected classes

1. Race, Color, and National Origin Discrimination and Harassment

• St. Francis College v. Al-Khazraji
• Dawavendawa v. Salt River Project
• Roach v. Dresser
• Garcia v. Spun Steak Co.
• Hasham v. State Board of Equalization
• Cerros v. Steel Tech
• Harris v. International Paper
• Green v. Franklin National Bank

2. Sex, Gender, and Sexual Orientation Discrimination and Harassment

• Jespersen v. Harrah's Operating Company, Inc.
• UAW v. Johnson Controls
• Dawson v. Rawlinson
• Wilson v. Southwest Airlines
• Meritor Savings Bank v. Vinson
• Harris v. Forklift Systems
• Faragher v. City of Boca Raton
• Burlington Industries v. Ellerth
• Desantis v. Pacific Telephone
• Oncale v. Sundowner Offshore
• Rene v. MGM Grand Hotel
• Smith v. City of Salem
• Prowel v. Wise Business Forms

3. Religious Discrimation, Harassment, and Accommodation

• Welsh v. U.S.
• Nichols v. Snow
• TWA v. Hardison
• Ansona Board of Education v. Philbrook
• Peterson v. Hewlett-Packard

4.Disability Discrimination, Harrassment, and Accommodation

• Americans with Disabilities Act Selected Sections
• Americans with Disabilities Act (ADA) Home Page by the U.S. Department of Justice
• Bragdon v. Abbott Disability Definition
• Raytheon v. Hernandez
• Vande Zande v. Wisconsin Disability Accommodation

5. Age Discrimination and Harrasment

• Age Discrimination in Employment Act selected sections
• Dediol v. Best Chevrolet Age Harassment