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PROGRAM FACULTY
Sheldon H. Nahmod
Distinguished Professor of Law, Chicago-Kent College of Law
Chicago, Illinois
Gerald M. Birnberg
Williams Birnberg & Andersen, L.L.P., Houston, Texas
Karen M. Blum
Professor of Law, Suffolk University Law School
Boston, Massachussetts
Erwin Chemerinsky
Professor of Law, University of Southern California
Los Angeles, California
Rosalie B. Levinson
Professor of Law, Valparaiso University School of Law
Valparaiso, Indiana
John B. Murphey
Rosenthal, Murphey & Coblentz
Chicago, Illinois
Mary Rose Strubbe
Associate Professor of Law, Chicago-Kent College of Law
Chicago, Illinois
PROGRAM SCHEDULE
Thursday, April 14, 2005
8:00-8:45
Registration
8:45-9:00
WELCOME
Sheldon H. Nahmod
Chicago-Kent College of Law
9:00-10:00 The Prima Facie Case Against Individuals
» Fourteenth Amendment and its relation to §1983
» State of mind requirements for different constitutional
violations, including due process, equal protection and the Eighth
Amendment
» Fifth Amendment/Miranda violations
» Due process: high-speed police
pursuits and affirmative duties
» “Laws” actions
» Malicious prosecution actions
Sheldon H. Nahmod, Chicago-Kent College of Law
10:00-10:15 Commentary
Erwin Chemerinsky, Duke University School of Law
10:15-10:30
BREAK
10:30-11:30 Individual Immunities
» Absolute immunities for prosecutorial, legislative, and
judicial acts
» The standard for qualified immunity: What is clearly established
law that a reasonable officer should know?
» The sequence for analyzing qualified immunity questions:
Wilson v. Layne
» The Saucier decision and the relationship between excessive
force and qualified immunity
» Hope v. Pelzer and what it means for qualified immunity
litigation
» Heightened pleading and proof requirements: Siegert v.
Gilley, Leatherman v. Tarrant County, Crawford-El v. Britton
» Immunities for private party defendants: Richardson v.
McKnight
Erwin Chemerinsky, Duke University School of Law
11:30-11:45 Commentary
Sheldon H. Nahmod, Chicago-Kent College of Law
11:45-1:00
LUNCH
(on your own)
1:00-1:45 Litigating Sexual Harassment Claims under Title
VII and Section 1983
» Hostile work environment: Core elements
»Employer liability for hostile work environment created
by supervisors, co-workers and third parties
» Relation to §1983 and equal protection » Defenses
and tips for avoiding liability
Rosalie B. Levinson, Valparaiso University School of Law
1:45-2:00 Commentary
Mary Rose Strubbe, Chicago-Kent College of Law
2:00-2:45 “So You Think You’ve Got a Federal Case?”
Understanding the Limits of Substantive Due Process and Equal
Protection Claims in Light of DeShaney and Olech
» When are public officials liable for the wrongful acts
of third parties?
» Failure to prevent injury and substantive due process
» Special circumstances and state- created damage claims
» Pleading and proving a DeShaney claim
» Olech and “class of one” equal protection
» Claims
» Is bad faith required to prove an Olech claim?
» Olech claims and police
misconduct
» Case Law Update
John B. Murphey, Rosenthal, Murphey & Coblentz
2:45-3:00 Questions
3:00-3:15
BREAK
3:15-4:15 The Supreme Court's Term: Recent and Forthcoming
Decisions
» Major developments concerning the speech and religion
clause of the First Amendment (including First Amendment protection
for non-obscene sexual speech over the internet, whether injuctions
are permissible remedies in defamation cases, the constitu tionality
of the Religios Land Use and Institutionalized Persons Act).
» Major developments with regard to the Fourth Amendment
(includ ing scope of car searches, the constitutionality of requiring
indi viduals to identify themselves to police, the permissible
use of drug sniffing dogs, and the allowable scope of detentions
during searches of houses).
» Major developments with regard to the Takings Clause (including
definition of public use).
» Major developments concerning federalism (including the
ability sue states under the Americans with Disabilities Act,
the scope of Congress’s commerce power, and limits on the
ability of state to regulate interstate commerce.
Erwin Chemerinsky, Duke University School of Law
4:15-4:30 Commentary
Sheldon H. Nahmod, Chicago-Kent College of Law
4:30-5:30
RECEPTION
Friday, April 15, 2004
9:00-10:15 Municipal Liability
» The official policy or custom requirement of Monell
» The various methods of establishing local government liability
» Identifying final policymakers and deciding whose policy
they make after Pembaur, Praprotnik, Jett, and McMillian
» Developments in inadequate training and supervision cases
and inadequate screening and hiring cases after City of Canton
and Bryan County
» Municipal liability independent of employee liability:
Implications of County of
Sacramento v. Lewis for municipal liability
Karen M. Blum, Suffolk University Law School
10:15-10:30
BREAK
10:30-11:15 American with Disabilities Act
» The scope and coverage of Title
II of the ADA.
» Abrogation of Eleventh
Amemdment immunity
» Non-discrimination standards
» Available remedies
» The Equal Protection Clause
Ellen M. Weber, University of Maryland School of Law
11:15-11:45 Audience Discussion with Speakers
11:45-1:00
LUNCH (on your own)
1:00-2:15 Attorney's Fees in a Post-Buckhannon World
» The impact of Buckhannon Bd. v. West Va. Dept. of H.H.R.
on attorney’s fee awards
» Who is now a "prevailing party"? From Hensley
v. Eckerhart, and T.S.T.A. v. Garland, to Buckhannon Bd. v. West
Va. Dept. of H.H.R.
» Implications of Buckhannon for future course of attorney’s
fees litigation
» Ethical issues in §1983 cases (especially on fee
issues): fee waiver offers, conflicts of interest in multiple
representation, professionalism in litigation
» Practical tips and suggestions
Gerald M. Birnberg, Williams, Birnberg & Andersen, L.L.P.
2:15-2:30 Commentary
Sheldon H. Nahmod, Chicago-Kent College of Law
2:30-3:00 Audience Discussion with Speakers
3:00
Adjourn
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GENERAL INFORMATION
Program Location
The conference will be held at Chicago-Kent College of Law, 565
W. Adams Street in Chicago.
Confirmation of Registration
A letter of confirmation will be mailed to the address given on
your
registration form.
Confirmation of Attendance
A certificate of attendance will be provided at registration.
Cancellations and Refunds
Written notification of cancellation is required. A full tuition
refund is available if notification is received prior to March
18, 2005; 25% will be charged if notification is received between
March 18 and April 8, 2005. No refunds will be granted after April
8, 2005.
CLE Credit
10.25 hours on a “60-minute” credit hour; 12.3 hours
on a “50-minute” credit hour. The actual number of approved
hours may vary from state to state.
For additional information:
Please call the Office of Continuing Legal and Professional Education,
Chicago-Kent College of Law, (312) 906-5090, or send an email
to clestaff@kentlaw.edu.
Hotel Accommodations
Hotel accommodations for the convenience of out-of-town guests
have been made at the Millennium Knickerbocker Hotel and the W
Hotel City Center. The room rate at the Millennium Knickerbocker
Hotel is $149 for single or double occupancy, plus 14.9% tax.
The room rate at the W Hotel City Center is $159 for single or
double occupancy, plus 14.9% tax. The Millennium Knickerbocker
Hotel is a short cab ride to the law school and provides easy
access to Michigan Avenue night life and shopping. The W Hotel
City Center is an upscale property located just five blocks from
the law school. Please make reservations directly with the hotel
of your choice. Requests for accommodations cannot be assured
if made after March 14, 2005 at the Millennium Knickerbocker Hotel
and March 23, 2005 at the W Hotel City Center. Please mention
to the hotel reservation receptionist that you are attending the
Chicago-Kent College of Law Section 1983 Program. To make
reservations:
Millennium Knickerbocker Hotel
163 E. Walton Place
Chicago, IL 60611
(800) 621-8140
Fax (312) 751-9663
www.millenniumhotels.com
W Hotel City Center
172 W. Adams Street
Chicago, IL 60603
(877) 946-8357
Fax (312) 917-5771
www.whotels.com
SAVE BY REGISTERING BEFORE MARCH 1!
Click
here to register online or print registration information.
Registration Fee (per person)
Early Registration Fee . . . . . . . . $375
After March 1, 2005 . . . . . . . .$395
(A $20 per person discount is available to groups that register
3 or more
individuals at the same time.)
Government Rate. . . . . . . . . . . .$325
(no group discount available)
Chicago-Kent College of Law Alumnae/i Rate. . $325
(no group discount available & non-transferable)
Fee includes two continental breakfasts, reception and course
materials.
CAN’T ATTEND?
Program materials and audiocassettes of the presentations can
be ordered by checking the corresponding box below and mailing
this form
in with the appropriate payment.
r Send me the complete package:
8 audiocassette tapes and
course materials. (Cost-$425. Payment must be remitted in
advance.)
r Send me audiocassette/s for the
following sessions.
(Cost-$55 per session. Payment must be remitted in advance.)
List sessions or workshops:
r Send me the conference course
materials.
(Cost-$125. Payment must be remitted in advance.)
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