• 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.

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 below.

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

Materials:

• Readings, pp. 1-316
  • These are available at the Copy Center, in double-sided form, with three-hole punch:
    • Part I, pp. 1-60
    • Part II, pp. 61-316
• Litigation & Statute Supplement
  • To be posted and made available at the Copy Center when the materials are needed for class.
  • This Supplement will provide litigation materials from cases and relevant ordinances, statutes, and regulations.

   

  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