State Constitutional Law

Catalog description

Most consideration of constitutional law in law school focuses exclusively on the federal constitution. Traditionally, state constitutional law has been a neglected body of law. That has begun to change, as the U.S. Supreme Court has been reshaping important areas of federal constitutional law. We will consider both big-picture questions and many specific areas of law. For example, we will explore a central normative debate about whether state courts interpreting their own state's constitution should follow the approaches to cognate provisions in the federal constitution embraced by the Supreme Court. We will also consider questions about the role of elected judges in constitutional interpretation, and about the processes through which state constitutions are amended. Specific issues we will study include educational equality and school funding; marriage; reproductive rights; race and gender discrimination; criminal justice; election law; and affirmative rights under state constitutions, among others. We will also look at the role of state attorneys general and prosecutors in law reform efforts. I expect to have one or more guest speakers. Special Instructions: After the term begins, a limited number (maximum eight) of students registered for the course may be allowed (with instructor consent) to transfer from section (01), which requires an exam, to section (02), which instead requires a substantial research paper that meets the R requirement. The grade will be based on a final exam or research paper, and can be adjusted for participation.