Spring 2016
    Law No.: LAW9247
    Sched. No.: 116219147

Advanced Topics in Constitutional Law*
Section 1
Schragger, Richard C.
Schwartzman, Micah J.

Administrative Information:
During SIS enrollment, check on SIS for real-time enrollment numbers
Days, Times (Room):R, 1540-1740 (WB116)
Capacity:15 **This information is current as of 06/13/2016 06:14:01 AM**
Current Enrollment:12 **This information is current as of 06/13/2016 06:14:01 AM**

Course Description:


COURSE DESCRIPTION: In many areas of constitutional law, courts have to decide what motivates a legislature to act, and whether that motive is permissible. For example, under equal protection doctrine legislatures are not permitted to act out of "animus." This course will focus on judicial review of legislative intention. This is a trans-substantive topic that raises legal, jurisprudential, and philosophical questions about judicial review, separation of powers, collective intentionality, and the role of intent-based inquiries in various areas of constitutional doctrine, including equal protection, substantive due process, freedom of speech, religious disestablishment, and the dormant commerce clause. The first few weeks of the seminar will provide a general overview of the literature on legislative intention. After this introduction, each session will be devoted to an intensive discussion of an article drawn from the legal literature. For each session, designated students will be required to criticize or defend the article in question.

NOTE: Laptops are not permitted during class sessions.

Prerequisites:Constitutional Law
Course Requirement:Since the focus of the seminar is on rigorous evaluation of the author’s argument, grades will be based mainly on a ten-page critique and on class participation throughout the semester. The paper will be due before the completion of the course (at date/time to be announced by Professors).