226.9 sec. 001 - State and Local Impact Litigation (Fall 2026)
Instructor: Erin Bernstein (view instructor's teaching evaluations - degree students only)
View all teaching evaluations for this course - degree students only
Units: 2
Grading Designation: Graded
Mode of Instruction: In-Person
Meeting:
M 3:35 PM - 5:25 PM
Location: Law 107
From August 17, 2026
To November 24, 2026
Course End: November 24, 2026
Class Number: 32878
Enrollment info:
Enrolled: 14
Waitlisted: 16
Enroll Limit: 18
As of: 06/24 10:49 AM
Over the past 15 years, state and local governments have begun to proactively enforce their residents’ rights in areas as diverse as environmental justice, civil rights, immigration, reproductive freedom, and economic empowerment. This seminar will provide students with both a foundation in state and local government law and in complex/impact litigation. Students will learn about when, how, and why the government litigates as a Plaintiff on behalf of itself and its residents, and how affirmative litigation by state and local government differs from litigation brought by private individuals and non-profit groups. Specific case studies will frame discussions about the role of cities and states in our federal system, the opportunities and risks posed by affirmative litigation, the relationship between affirmative litigation and policy-making, and the strategic considerations unique to government litigation.
Classroom materials will combine academic, statutory, and case law materials with trial-court and appellate pleadings in selected cases brought by state and local governments.
Erin Bernstein is a founder of Bradley Bernstein Sands LLP, where she represents municipalities across California in affirmative litigation and complex defense. Prior to founding BBS, Erin was a Supervising Deputy City Attorney at the Oakland City Attorney’s Office, heading the Community Lawyering and Civil Rights Unit (CLCR). She previously served as a Deputy City Attorney in the San Francisco City Attorney's Office, working as a litigator on that office’s Complex and Affirmative Litigation Team. She also served as the Executive Director of the office's Affirmative Litigation Task Force. Erin specializes in reproductive rights, First Amendment, public health, and privacy-related cases, and has litigated issues including marriage equality, gender discrimination, public nuisance, and abortion rights in both state and federal courts. Erin has been a regular guest lecturer for Yale Law School's popular San Francisco Affirmative Litigation Project (SFALP) course, a lecturer at Berkeley Law School, and in the spring of 2016, joined the Yale Law School faculty as a Visiting Lecturer in Law.
Exam Notes: (SP) Presentations that count for a significant portion of the grade
(Subject to change by faculty member only through the first two weeks of instruction)
Course Category: Social Justice and Public Interest
This course is listed in the following sub-categories:
Consumer Law & Economic Justice
Litigation and Procedure
Race and Law
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Class materials may also be available on bCourses.berkeley.edu
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