Exam Type: No Exam
This reading group will review the intersection of procedure and remedies, an area of overlap that is subtle but essential in modern complex litigation. Each class will highlight a specific remedial or procedural practice and will examine its source of authority, the objectives served and values implicit in its operational rules, and the normative consequences to any changes to its use. It will present questions like: “What if only the DC Circuit could issue nationwide injunctions?” “What if Congress abrogated qualified immunity, but also got rid of attorney’s fees for § 1983 suits?” The course will ask students to pay close attention to questions of who, where, and when: the power and strategy of various institutional actors, the authorities of different adjudicative bodies, and the significance of timing. And it will ask them to critique classic and emergent scholarship analyzing these phenomena.
The reading group will meet for six two-hour sessions and will be graded credit/fail based on participation and engagement.
Note: This reading group will meet on the following dates: TBD.