Bartholet Course Descriptions

    Employmcnt
Dircriminotion lrw

Thc (all courst' wttl cx;lmlnc thc applrcatron of thc Farr

Enrploynrent lirws prohibrting discrtmlnation on thc b:rsts

of rrcc, gcndcr, nationirl orrgin, relrglon,.agc-and hrndicap
Wc wrll'dlscussthe lheoreticat premises lor the laws includ-
ing the concept o[ drscrimination, thc appropria-te degree ol
burcaucratic-or iudrcial intcrvention in thc workplacc, end
thu propcr scopc of thc rcmedy. tn addrtion, wc witl view the

la*r fiom the pcrspcctivc of practttioncrs who advise
ctnploycrs rcgarding conrpliitncc with rhc low, who st'rvc

wrth rhc govcrt:mcntal cnlorccmunt agcncics, whu rcptc'
scnt litili;nts, ctc. Wc wrll also cxarninc problcms enrl
issucs such as ths usc of stattstical prtrf and thc rcprcs€nta'
rron of classes, which regularly arisc in employmcnt
lrtigation.

The course will an;rlyze the Fair Employmcnt laws {rom
both a hrstorical and contcmPorary vantsSc point' We will
tracc the development of thc legal Principles of fair employ'
ment pnmaritlin the area ol race discrimination, and their
subscqucnr application to Ecnder, handicap and-other dis'
crimination. Thc cour:e will attempt to place th( current
controvcrsies in thc implementation of the Fair Employ'
mcnt laws 1{or eramplc, the use of afirrmativc action or tht
dcfrnrtion of pay drscrimlnation) in a historical, Practical
and thcorctical contcxt.

Finully, thc cuursc will cx:rminc thc usc of law as a

vr'hiclc lor social chang,c. The Fair Employnrcnt laws scrvc

as an example of a substantial attempt to legislate social
ch:tngc. Wc-will .lttcmpt to asscss thc c{fectivcncss of thcsc

lirws ilnd tlrc uttllty 0[ drf{crcnt tnce hirnisnls ftlr cn{orcc-
mcnt : c()nell lxt r()ll, Jdtll llliitlilt ivc xBcncy cnltlrccnr,:nt, g,ov-

crnnlcnt or privatc lrtigation, untl thc withholdlng, ol gov-

crnnlcnt b(ncfits, such as contr:lcts (rr I,rants.
Iloth tcachcrs have bccn acttvcly tnvolvcd in enrploymcnt

discrinrinirtion titigation. Mr. t3rrrry Goldstcirr has worked
for rhc NAACI) Lcgul Dufcnsu rtnd Educationll l;und Ior l{
ycars. llc h:rs hrrd cxtcnstvc cxpcricncc reprcscnlinS, liti'
gants in firir cmploymcnt litiSation, monitoring actions ol
the fcdcrat cnforccmcnt agcrlcics, and partrcipating in
rcgulatton'makrng and othcr procccdings bcforc thosc
agcncics.

Studcnts clccting to txke thc spring Workshop coursr' will
be assigne<J a maior rcsearch and writing proicct, usually in
.onn..liion with acrual or anticiPatcd litigation Thcy will
work in coopcration wlth and undcr thr' supcrvision o(

lawycrs and lcg;rt organi:otions thrtlughtrut thc c()untry,
,p.irrlr:r,',g, in cmploymcnt discnmination. Class tirnc wrll
(ocus on the various litigation proiccts. By cxamtning
emplol'ntent discrimination issucs in various lirigation

"oni.tit, 
the spring course will explore leg'al problem-

xrlvrng techniques, thc relationship between legal theories

and litigation goals, and the interaction between litrgation
and other methods of accomplishing change' Student written
work ma1' take the form of a working paper explonng
potentiat leSal theories and strateSies, a draft britf, somc

other litigairon-related product, or e more tradilionally
ecademtc paper.

Srudens elccting to take the Winter term will be physr.

catly placed with leading public interest,/civil rightsorgan-
i:tions, locatcd in such places as Alaska, Cali{ornra,
Chicago, D.C., Mississippi, Georgia, Alabama, etc. Each

Winter Term student will work full-time during the entirg
Wintcr semr'stcr, and will thcn combrne work on a relatcd
lirigatron proicct at HLS during thc SprinS, in conncction
with thc Spnng Workshop coursc.

All sccrrons will meer togcthcr during the Fall term, and
will take an exanl at thc end of that term. Secttons AB anrl
ABC will mcet toSether during the Spring term.

Thc Fall course is a prercquisitt' for the Spring and Ior the
Wintcr-spring courses. Thc Wintcr Tcrm placemcnl optron
is only opcn to those studcnts who clcct to prrticrpate in thc
Spring Workshop coursc.

Section AB and ABC studcnts can opt to do written work
in connection with therr proiecr of a scope that will fulfrll
rhc written work requrrement, for I additional credit.

Enrollment for Sections AB and ABC limitcd. There will
be a mandatory meeting in the fall semestet {or atl students
cnrolled in or waitlisted for thcsc s€ctions. The {inal dnrp
deadline will be Novcmbcr L

Prolessor Bartholct
:rnd Iv1r. Coldsrcin



Publrc lntsrest Ltrigorton -
Rece rnd Poveny (PILRAP]

Profcssor Bartholrt

This coursc will deal with the usc of lrtigation as e vehicle
for social change. Courst work will include e ser of thmrer-
rcal rcadrngs on issues involved in thc ettcmpt to usc law lor
social changc, together with rctuel worh on social chenge
litigatron rn cooper.tion with lewyers end lcgel organiza-
trons involved in public inreresi end civil-righis work
throug-hour the counrry. The coursc will analyze ime malor
raw retorm enorts ol reccnt years, and explore some of the
ccntral strategic end ethjcal issues involvid in such tiriga-tion: how litigarion goals should be determined; what the
rclarlonship should bc betwcen the rttorney end the indi-
vidual.or group ,eprescnted; how litigatlon ielstes o other
streregies for socirl change; what forms of relief .re mosrlikely to bc effective in ihanging rhe praolccs of malor
socjal institutions. Litigation project, wilt deai with thelollowing kinds of substantive issues: prison condirions;
official abur and misconduct 1e.g.. polrcc and piiron g,rara
bru ta I it yl ; employment discriminaiion; welfe-re;- housing;
desegregarion; capital punishment; Voting nigha lct issues.

Section BC studenrs will-be physicaltfptaica during the
Winter semesrer with leading public interest/civil r"ighi
organizarrons and lawyers, ranging from r Navaio lndian
reservalion legal services of{ice in Window Rock, Arizona,
to a civil r-ights organizarion in Montgomery Alabama,
L1d loc19d in places including, e.g , A-laska,"California,
lllinois, Florida, Georgia, D.C. ;d fi.y.C. f""i, SC,t,ra.ni
will work full-rime in one of these offices during the entire
Winter semesrer, and will then continue work Jn e related
litigarion project at HLS during the Spring, in conlunction
with the Spring classroom course.

Secrion B students will ioin the BC students for the
Spring clessroom coursc. All Section B students will be
essigned to litigarion proiects which they will work on
throughour the Spring. They will work on their projects in
oq)pcrarron with and under the supcrvision of civrl rrghts
end.public interesr lewyers througLout rhe counrry.

All students (B end BCI will doiignilicant written work
rclrred to their litigation projccts, under the pertiel su[r_
vision oI rhe ourside lawyer involved. Such work may take
the.form of a working paper exploring potential legal theories
and strategics, a brief, or orhar lirigaiion-retatef products,
or a morc tradrrionrlly acadcmic paper.

Classc.s will include discussion of srudcnts, various liri_
Sation proiecrs..Attorneys wirh whom we ere working will
panicipare in class on ln occasional basis.

All studcnts can opt to do written work in connection
with thcir proiccrs of a scr4x rhat witt fulfill the Writrcn
Work Requircutcnr for I additional crrjdit.

Enrollment lrmitcd. The {inal drop deadline for both
scctlons will be Novcmber l.

There will be a mandarory meering, in rhe fall scmesrcr
{or all rhose enrolled in or weittisted ior plLRAp B end BC.

Multilirhed materials.