State Constitutionalism

LAW 2428 Subject & Catalog Number

Description

Prerequisite: Students must have completed, or be concurrently enrolled in, 1L Constitutional Law or Constitutional Law: Separation of Powers

Exam Type: No Exam

This offering will explore the contours and impact of state constitutional law— a topic that has received increasing attention in recent years. We will consider differences between the structure and scope of state constitutions and that of the federal constitution, and explore when and why state high courts construe state constitutional provisions differently than their federal analogues (for example, criminal procedure and freedom of speech). We will also examine specific state constitutional provisions that lack a federal counterpart (for example, a constitutional guarantee to an education). Readings will include seminal articles on state constitutional jurisprudence, selected excerpts from state constitutions, and relevant cases.

Note: This offering will meet on a condensed schedule on the following dates: 9/8, 9/28, 9/29, 10/5, 10/6, 10/13, 11/2, 11/3, 11/9, 11/10, 11/30 and 12/1.