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This course examines various aspects of the Fourteenth Amendment, with special attention paid to equal protection and substantive due process. We will examine many contested constitutional questions, including, for example: How did gay and lesbian relationships go so quickly from being subject to criminal prohibition to being eligible for marriage? What justifies the Supreme Court's striking down a law mandating segregated schools, when it had upheld an analogous law half a century earlier? Must the law treat all individuals identically, or may and should it grant special protections to members of historically disadvantaged groups? To what sources might (and should) a judge look to give content to vague constitutional terms like "equal protection" and "due process"? How can we distinguish "law" from "politics" in this area? Readings will include judicial opinions and some scholarly commentary. Class discussion will be supplemented with group exercises of various sorts. Elements used in grading: Class participation and exam.

This is a course in advanced and applied constitutional law. It focuses on one of the central ways in which constitutional claims are actually litigated: in lawsuits against public officials and local governments. The bulk of the course looks at litigation under 42 U.S.C. § 1983. We will consider topics such as what it means to act "under color of state law;" absolute and qualified immunities; government liability for the acts of individual officials; and remedies for constitutional violations. This course is particularly useful for students who plan to clerk on federal courts, as much of their dockets involves §1983 litigation. This course complements Federal Courts. Elements used in grading: Participation, Attendance, Exam.

This course will introduce students to the doctrine and theory of the constitutional law of freedom of speech, as well as some of the basic principles that govern the enforcement of freedom of the press and freedom of association. Topics explored in the course will include: advocacy of unlawful conduct, defamation, commercial speech, offensive speech, incidental regulations of speech, protest in public places, and government subsidies of speech. Readings will be provided digitally, no casebook required. Grading will be based on class participation and a final exam. Special Instructions: This course is limited to 70 students by lottery. ENROLLMENT IS RESTRICTED TO JD-2Ls, JD-3Ls, and SLS Advanced Degree students.

This course will survey leading issues at the intersection of gender, law, and public policy. Topics may include marriage, education, employment discrimination, contraception, abortion, sexual harassment, rape, domestic violence, pornography, and intersections with race, ethnicity, class, and sexual orientation. Leading cases will be placed in conversation with historical and theoretical texts drawn from feminist legal thought and other critical traditions. Course requirements will include attendance, class participation, short reading responses, and a longer final paper. There will be no final examination. With permission of the instructor, students may write long papers for R credit instead of shorter papers. After the term begins, students enrolled in the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Open to students from other schools with the consent of the instructor.

The guiding question of this course will be how we should think about the role of the U.S. Constitution in American law and American life. In considering this issue, we will address debates about constitutional interpretation (including both originalism and living constitutionalism), the nature and features of constitutional change within the American context, the role of federalism and the separation of powers in the constitutional scheme, and the nature of American constitutionalism as opposed to English and continental European models. We will tackle these debates in the context of some specific contemporary controversies about the Constitution, including: How do the civil rights movement and other social movements impact our understanding of the Constitution?; Does the Constitution reject a European-style inquisitorial process in favor of an Anglo-American vision of due process?; How important is consensus within the Supreme Court to establishing the legitimacy of constitutional meanings?; Why do we have nine Supreme Court justices, and; What is the Constitution, and how much does it include outside of the written document? Throughout we will be contemplating the extent to which our interpretation of the constitution depends on our vision of American democracy and the good society. Requirements for the course include regular class participation and either four response papers or a substantial research paper; students who take the research paper option will receive two or three units and 'R' credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Automatic grading penalty waived for R-credit papers. Special Instructions: This class is limited to 16 students by lottery. If applicable, openings will be filled from the waitlist in waitlist order. Four additional spots may be reserved for 2Ls at the discretion of the instructor. If determined by the instructor, four 2Ls will be admitted from the waitlist in waitlist order. Elements used in grading: Attendance, Class Participation; Response Papers or Final Paper. Cross-listed with English ( ENGLISH 350D).

This is an advanced constitutional law seminar for students who have already taken the introductory Constitutional Law course. The seminar will provide an opportunity for in-depth discussion of competing theories of constitutional interpretation, the role of the Supreme Court in our political system, and analysis of judicial behavior. Each week, these themes will be examined through the lens of a current "hot topic" in constitutional law - for example, executive power, religious liberty, LGBTQ+ rights, affirmative action, campaign finance, immigration, abortion, and other topics. This is not a "spectator" class; all students will be expected to participate actively in class discussion each week. This is a good seminar for students interested in clerking or pursuing academia. Prerequisite: Constitutional Law. Elements used in grading: Attendance, Participation, Written Assignments.

This course explores Critical Race Theory (CRT), mapping its origins in the late 1980s in the US legal academy and exploring its transnational and international trajectories. The project of CRT proceeds from the premise that race and law are mutually constitutive, and its canonical works have explored law as historically central to constructing and maintaining racial hierarchy, alongside hierarchy on the basis of gender, religion, disability status, class and sexual orientation among others. In addition to exploring CRT's origins and the liberal and conservative theoretical frameworks to which it sought to respond, this course will consider internal and external critiques to the project, as well as the recent salience and (mis)representation of CRT in political discourse. Unlike most typical CRT courses, this course will also devote significant attention to CRT's trajectory in international legal scholarship, particularly attempts to grapple with race and racism as global structures mutually constitutive with law and imperialism. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R-paper requirement, with consent of the instructor. Elements used in grading: Attendance, class participation, written assignments, final paper.

This course explores Critical Race Theory (CRT) and the various debates within and about it. CRT began in the 1980s as a movement within the legal academy to rethink the role of law and of racial ideology in sustaining racism and racial hierarchy. Some of the tenets of CRT made their way into other fields, including sociology, education, and cultural studies. Recently, CRT has become an object of criticism and controversy far beyond the academy. Some jurisdictions prohibit the teaching of CRT, and the President of the United States has been forthright in his opposition to it. There could not be a better time to teach, and learn about, critical race theory! This course will squarely confront these controversies, in order to identify both the strengths and shortcomings of the CRT project. What is critical race theory? Where did it come from? How do its adherents aim to illuminate and help counter the racism that has long plagued American society? By the end of the course you should have an understanding of CRT from the inside, so to speak. The course will also engage with various critiques of CRT. Just as critical race theory constitutes a critique of American law and institutions, so too will some of the readings and guest speakers take a critical perspective toward CRT. By the end of the course, you will also have an understanding of the nature of the harshest critiques of CRT. The course will draw upon a varied set of materials--law review articles, judicial opinions, books and magazines and podcasts and videos. The course will also include several guest speakers, including proponents and critics of CRT. The course will be conducted as a seminar, and will be extremely collaborative. Students will lead class discussions and engage with guest speakers. There will be a lot of small group work. Throughout we will ask hard questions about the readings and of our guests, all with the goal of understanding the racial dynamics of contemporary society and how best to respond to them. So that we can have productive conversations about hard issues, we will observe Chatham House rules; you may share with others the substance of our discussions, but not the identity of any student speakers. This approach will help us to maintain a spirit of inquiry, humility, curiosity, and a willingness to learn from each other. So that everyone can focus on and be a part of the discussion, laptop use will not be permitted in class. Special Instructions: Grades will be based on attendance, class participation and (1) a short research paper or (2) a long research paper with consent of the instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor.

This course is devoted to the history of the framing and ratification of the original Constitution. It is not a course on modern interpretation. It begins with readings setting forth the intellectual and experiential background of the framing, including common law and natural rights theory, republicanism, economic & political scientific ideas, and colonial and post-Independence experience. We then study large parts of the debates at the Constitutional Convention, primarily using Madison's Notes. Major topics are the principle of representation, the extent and enumeration of national powers, the construction of the executive and judicial branches, and slavery. Next come the ratification debates, including readings from antifederalist writers, The Federalist, and speeches in ratification conventions. We conclude with the addition of the Bill of Rights. Classes consist of a combination of lecture and extensive participation by students. Elements used in grading: Class participation, in-person closed book final exam, short-answer answer, supplemented by a short (500 word) essay question. Cross-listed with History ( HISTORY 153).