There is no book to buy, but you will need materials available on this page or at the Copy Center.

Materials:

• Readings, pp. 1-1326
  • These are available at the Copy Center, in double-sided form, with three-hole punch.
    • Part I, pp. 1-407
    • Part II, pp. 408-504
    • Part III, pp. 505-880
    • Part IV, pp. 881-1326
• Litigation & Statute Supplement, pp. 1-706
  • This Supplement gives litigation materials from cases and relevant ordinances, statutes, and regulations. You will need to consult these in connection with the readings for each week’s assignment.
  • These are available at the Copy Center in double-sided form, with three-hole punch:
    • Part I, pp. 1-633
    • Part II, pp. 634-706

   

  Class Meeting Topics

Class 1 (Thursday, January 18): Introduction Asynchronous

This class will provide an overview of the Pottinger and Cooper-Levy litigation. The class will NOT meet on January 18 in person because of a pre-trial conference that was very recently scheduled at the same time as the class. You will find on the Assignment and Questions page a link to a Zoom video which you can watch, which goes over the material. At class on January 25, there will also be an opportunity to ask questions about the material.

Specific topics for the following weeks will be posted, but in general we will cover:

• The Constitutionality of Criminalization Policies
• Homelessness in Miami and Nationwide
• Policy Approaches to Homelessness
• Challenging Criminalization: Practical Lawyering Considerations; Models of Social Change Litigation and Advocacy
• Assignment and Questions

Class 2 (Thursday, January 25): The Constitutionality of Criminalization Policies, Part I

This class will take a look in depth at the constitutional issues arising in legal challenges to criminalization of homelessness, and begin to lay the groundwork for understanding the Grants Pass case currently before the Supreme Court.
• Assignment and Questions

Class 3 (Thursday, February 1): The Constitutionality of Criminalization Policies, Part II

This class will continue our look in depth at the constitutional issues arising in legal challenges to criminalization of homelessness.
• Assignment and Questions

Class 4 (Thursday, February 8): The Constitutionality of Criminalization Policies, Part III

We will discuss potential federal or state constitutional bases for challenging criminalization other than the Eighth Amendment, and take a look at federal statutory protections of persons with disabilities as a basis for challenging criminalization
• Assignment and Questions

Class 5 (Thursday, February 15): The Constitutionality of Criminalization Policies, Part IV

We will have two in-class exercises: (a) oral argument on Supreme Court review of Grants Pass, and (b) a structured analysis of whether enforcement of a new Miami Beach ordinance against camping on the beach is constitutional under Martin, Grants Pass, and Pottinger. In addition, we will take a brief look at the ADA and Rehabilitation Act as they relate to homelessness.
• Assignment and Questions

Class 6 (Thursday, February 22): Class Cancelled--Makeup to be Scheduled

Class 6 (Thursday, February 29): Policy Approaches to Homelessness, Part I

This class will take a look at the current scope and history of homelessness in the U.S.; the nature and extent of the population of those experiencing homelessness; and the causes of homelessness.

Note: Your paper topic proposal is due March 1. More information available on the Papers page.

• Assignment and Questions

Class 7 (Thursday, March 7): Policy Approaches to Homelessness, Part II

This class will take a look at the federal and state/local agencies involved in formulating and implementing policies to address and end homelessness. We will examine two basic (and different) approaches -- the shelter model, and Housing First.
• Assignment and Questions

Spring Break (March 9-16): No Classes  

Class 8 (Thursday, March 21): Litigating Civil Rights Cases, Part I

We will discuss the range of strategic, practical and ethical issues in bringing a lawsuit challenging criminalization, with a close look at § 1983, standing, and class action requirements, as well as attorney fees.

Our guest speaker will be Benjamin S. Waxman, Partner, Black Srebnick, who was lead counsel in Pottinger v. City of Miami, and co-counsel in Cooper-Levy v. City of Miami.

• Assignment and Questions

Class 9 (Friday, March 22, 2:00 pm, Room F402): Policy Approaches to Homelessness, Part III

This class will complete our examination of policy approaches to homelessness. We will examine the approach the relatively new Florida bill, the Live Local Act, takes to the affordable housing problem. Next we will consider whether it would help to recognize a right to housing. After that, we will take a look at criminalization of homelessness as a policy response to homelessness. Finally, we will examine recent developments regarding involuntary commitment in California and New York that may blur the line between criminalization and care.
• Assignment and Questions

Class 10 (Thursday, March 28): Litigating Civil Rights Cases, Part II

This class will continue our look at planning a lawsuit challenging criminalization, with some focus on some practical and evidentiary issues.

Our guest speaker will be Jeffrey M. Hearne, Chief Advocacy Officer, Legal Services of Greater Miami, who was lead counsel in Cooper-Levy v. City of Miami.

• Assignment and Questions

Class 11 (Thursday, April 4): Litigating Civil Rights Cases, Part III

We will consider what litigation can accomplish by way of social change, and how it relates to policy advocacy.

Our guest speaker will be David Peery, Founder, Chair, and Executive Director of MCARE (Miami Coalition to Advance Racial Equity).

• Assignment and Questions

Class 12 (Thursday, April 11): Presentations

• Paper Presentations

Class 13 (Thursday, April 18): Presentations

• Paper Presentations

Oral Argument in City of Grants Pass v. Johnson, No. 23-175 (Monday, April 22, 10:00 am)

• Live Stream
• Recording of Argument (to be posted later in the day on April 22)
• Transcript (to be posted later in the day on April 22)

Attendance is required. Given that we meet only 13 times, it is crucial not to miss class if at all possible.

• Any student who misses more than 3 classes, for any reason, is subject to being withdrawn from class.
• In the latter part of the semester, we will have class presentations on paper topics. Those dates will be announced in advance, and you will have a limited choice of dates. Once you have committed to a choice of date for your class presentation, you must attend that day and make your presentation.

Class Recordings

• Law School A/V Recordings. The Law School’s A/V Department records all classes. If you miss a class, you can access the recording through the Blackboard page for the course. (This is the only thing for which you need to access Blackboard; everything else is available through this page.)
• Recordings by Students. Students are expressly prohibited from recording any part of this course. Meetings of this course may be recorded by the University. Any recordings will be available to students registered for this class as they are intended to supplement the classroom experience. Students are expected to follow appropriate University policies and maintain the security of passwords used to access recorded lectures. Recordings may not be reproduced, shared with those not enrolled in the class, or uploaded to other online environments. If the instructor or a University of Miami office plans any other uses for the recordings beyond this class, students identifiable in the recordings will be notified to request consent prior to such use.

Disability & Accomodations

The University of Miami School of Law is committed to creating an inclusive learning environment that meets the needs of our diverse student body. If you have a disability (including physical or mental health challenges) and need academic accommodations, please contact Student Accessibility Services via email at access@law.miami.edu. Please note that accommodations are not retroactive; students are encouraged to contact the office and inquire about any disability-related needs within the first weeks of the semester. Please note as well that faculty members do not handle requests for disability accommodations.

Title IX

The University of Miami seeks to maintain a safe learning, living, and working environment free from all types of sexual misconduct including but not limited to: Dating Violence, Domestic Violence, Sex- or Gender-Based Discrimination, Sexual Assault (including Sexual Battery), Sexual Exploitation, Sexual Harassment, and Stalking. This also includes protection from discrimination for pregnant students. For additional information about the University’s efforts to prevent, stop, and address sexual misconduct, including resources and reporting options, please visit https://titleix.miami.edu/ or contact the University’s Title IX Office at titleixcoordinator@miami.edu.

Honor Code and Academic Integrity