• Class meetings will be fully in person, except that any make-up scheduled may be via Zoom.
• Classes will be recorded. Recordings are not a substitute for class attendance. They are intended for students enrolled in the class who are unable to attend a particular class. They can be found on Blackboard.
• You must read the the Mandatory Course Policies before the first class.

This seminar will explore the criminalization of homelessness—policies in which local governments use systematic arrests of homeless people for relatively minor misdemeanors to drive them out of core urban areas. The seminar will have three major aims. The first is to examine the large-scale economic and social trends in inequality that contribute to homelessness, and the range of policy responses aimed at preventing or alleviating it. The second is to explore the contributions that civil rights litigation can make to supporting constructive policy responses, as well as the limits of litigation as an agent of social change, with some focus on the Supreme Court’s decision in City of Grants Pass v. Johnson (2024). The third is to gain a practical lawyering sense of how social impact litigation is conducted, using Cooper-Levy v. City of Miami, Pottinger v. City of Miami and other cases as examples.

• Read the assigned materials and take part in class discussion.
• Along with one or two other members of the class, lead class discussion of the assigned materials during one class. The team can be of your own choosing, but I am happy to assign team members as well. I will be flexible about dates so you can choose one that won’t conflict with other commitments.
• Write a seminar paper of 25-35 pages on a topic approved by me, and give an in-class presentation on it. You can find important information on the Papers page. Updated!

Class participation and a seminar paper. The final grade may be lowered if you miss class on the day when you are scheduled to do an in-class seminar presentation, unless there are compelling reasons. See also the Course Policies.

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

Materials:

• Readings, pp. 1-1667
  • These are available at the Copy Center, in double-sided print form, with three-hole punch:
    • Part I, pp. 1-60
    • Part II, pp. 61-316
    • Part III, pp. 317-690
    • Part IV, pp. 691-738
    • Part V, pp. 739-1209
    • Part VI, pp. 1210-1430 (available at the Copy Center)
    • Part VII, pp. 1431-1667 (available at the Copy Center)
• Litigation & Statute Supplement, pp. 1-359
  • This Supplement provides litigation materials from cases and relevant ordinances, statutes, and regulations.
  • Part I, pp. 1-277 (Web and Copy Center)
  • Part II, pp. 278-359 (Web only)

   

  Class Meeting Topics

Class 1 (Wednesday, January 14): Introduction

This class introduces some basic background on homelessness, criminalization, litigating constitutional and civil rights violations, and other general themes of the seminar.

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

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

• Assignment and Questions

Class 2 (Wednesday, January 21): 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 lay the groundwork for understanding the Grants Pass case decided by the Supreme Court in 2024.

• Assignment and Questions

Class 3 (Wednesday, January 28): 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 (Wednesday, February 4): 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 (Wednesday, February 11): The Constitutionality of Criminalization Policies, Part IV

We will discuss First Amendment bases for protecting food sharing, and then move on to other federal and state statutory bases under federal and state for protecting persons experiencing homelessness (particularly the unsheltered), and then look at the international human right to housing.

• Assignment and Questions

Class 6 (Wednesday, February 18): Policy Approaches to Homelessness, Part I

After taking a look at the right to housing in South Africa, this class will look in depth 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.
• Assignment and Questions

Class 7 (Wednesday, February 25): Policy Approaches to Homelessness, Part II

This class will take a look at approaches to the causes of homelessness, the local agencies involved in responding to it in Miami, and shelters and Housing First as two policy responses.

Note: Your paper topic proposal is due March 2. More information available on the Papers page.

• Assignment and Questions

Class 8 (Wednesday, March 4): Policy Approaches to Homelessness, Part III

We will hear a report from Trey Santorine, Ph.D candidate in the Department of Sociology and Criminology, on the effect of HB 1365 on people experiencing homelessness.

We will then look at criticisms of Housing First; the Trump Administration’s changes to homelessness policy (including rejection of Housing First); California’s CARE Court law; and homeless courts and diversion programs.

Note:

• Your paper topic proposal is due March 2. More information available on the Papers page.
• Paper presentations will be done in the last two classes (April 8 and April 15). I will assign each class member to one of those two dates. If you anticipate a problem making either of those dates, please let me know by March 20.
• Note: as you will see on the Assignment and Questions page, I have randomly assigned three class members to be primarily responsible for leading discussion of particular topics covered in the readings. You can focus on the questions posted but also on any others you may have.
• Assignment and Questions

Spring Break (March 9-13): No Classes

Class 9 (Wednesday, March 18): Litigating Civil Rights Cases, Part I

With this class we will begin our look at the range of legal, strategic, practical, and ethical issues in bringing a civil rights lawsuit under § 1983 challenging criminalization.

Note: I have changed the due date for the Formal Topic Proposal from Monday, March 16 to Friday, March 20. See the Papers page.

Our guest speakers will be Jeffrey M. Hearne, Chief Advocacy Officer, Legal Services of Greater Miami, who was lead counsel in Cooper-Levy v. City of Miami, and Jocelyn Armand, Director of Strategic Partnerships and Advocacy, Legal Services of Greater Miami, who was co-counsel in the case.

• Assignment and Questions

Class 10 (Wednesday, March 25): Litigating Civil Rights Cases, Part II

This class will continue our look at litigating civil rights cases, with further exploration of planning a lawsuit, § 1983 requirements, class action prerequisites, and attorneys fees, and close look at settlement of cases and consent decress.
• Note: as you will see on the Assignment and Questions page, I have randomly assigned six class members to be primarily responsible for leading discussion of particular topics covered in the readings.

• Assignment and Questions

Class 11 (Wednesday, April 1): Litigating Civil Rights Cases, Part III

This class will conclude our look at litigating civil rights cases. We will finish considering consent decrees, and then move on to what litigation can accomplish in bringing about social change, and how it relates to policy advocacy and the communities and individuals it is intended to serve.
• Note: as you will see on the Assignment and Questions page, I have randomly assigned five class members to be primarily responsible for leading discussion of particular topics covered in the readings. I would anticipate each segment being about 10-15 minutes, including time for questions from the rest of the class.

• Assignment and Questions