Current Issues in Educational Equity Litigation
In this seminar, students will learn about the development of educational equity law in the aftermath of the Supreme Court’s devastating decision in SFFA v. Harvard/UNC. We will first examine the pre-SFFA education law landscape, including a history of affirmative action litigation. Then, we will explore the theory and practice of bringing and litigating educational equity cases in federal courts, with a particular focus on strategies used by civil rights advocates in the current anti-equity climate. This course will focus not only on strategies to defend and advance the proper interpretation of the Equal Protection Clause and anti-discrimination law to ensure that all students have equal educational opportunities, but also on the lifecycle of litigating an education-focused civil rights case. This seminar will delve into the practical and strategic decisions faced by attorneys working in this space from filing a complaint to trial through appellate and potential Supreme Court review. Students will examine strategic decisions made not only by attorneys fighting to limit SFFA’s application, but also the strategies employed by attorneys seeking to defend and expand SFFA. To engage with these critical issues, students will read and discuss caselaw, briefs, other court pleadings, law review articles, and other relevant research. The class will also offer students the opportunity to speak with and learn from guest speakers from leading organizations litigating these issues.