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LAW Reconstructing the Litigation State

Public Interest Law: General

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Litigation/ADR: General
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LAW 540

Reconstructing the Litigation State

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[ Academia ] [ Regulatory & Policy ] Public Interest Law: General

Why it is relevant for ...

[ Academia ] [ Regulatory & Policy ] as a Related Elective for those interested in Law & Regulation : Students focused on a public interest career should know about efforts to retrench the trend in our contemporary legal system away from regulation and toward complex litigation to redress a number of different social and economic harms.

General course Description:

This seminar will focus on issues of institutional design as they relate to complex litigation in the contemporary American legal system. Topics addressed will include explanations for the general move away from regulation and toward litigation in recent decades, the legal and policy implications of that trend, and contemporary efforts to retrench or remake the system. We will examine these topics from a number of substantive and procedural angles using case law, readings, and case studies. We will explore such disparate substantive areas of law as employment discrimination, securities regulation, qui tam actions, and mass torts. We will also discuss trans-substantive topics such as the class action device, private enforcement of public law (through regimes that deputize "private attorneys general"), and federal regulatory pre-emption. Though the seminar will integrate knowledge from a number of fields of law and from other disciplines, emphasis will be given to th e functional analysis of actual, practical problems of institutional design.

Course Style: A Substantive course teaches the law, theory, and policy in a particular area of law

Course Frequency: Varied, check w/ registrar

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