About
With more than 30 faculty members who are experts in constitutional law, UVA Law School offers an unparalleled variety of lecture courses, seminars and clinics in the field. Courses cover topics such as the First Amendment, administrative law, presidential power, federal courts, police and the law, election law, civil rights, separation of powers, race and the law, and more.
At points in American history, there have been significant, even massive shifts in constitutional understandings, doctrines, and practices. Apparently...
Many disdain the use of consequences in legal interpretation. Yet it turns out that interpreters have long used consequences, particularly...
Few constitutional issues have been as significant to the first 100 days of the second Trump Administration as the question whether the President may...
For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...
Trump v. United States’s discovery of broad immunity has rendered the presidency more imperial and unaccountable. This Article tackles four questions...
The Founders were not textualists. The letter of the law mattered quite a bit. But, as William Blackstone noted, interpretation also required the...
Faculty Director(s)
Research
At points in American history, there have been significant, even massive shifts in constitutional understandings, doctrines, and practices. Apparently...
Many disdain the use of consequences in legal interpretation. Yet it turns out that interpreters have long used consequences, particularly...
Few constitutional issues have been as significant to the first 100 days of the second Trump Administration as the question whether the President may...
For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...
Trump v. United States’s discovery of broad immunity has rendered the presidency more imperial and unaccountable. This Article tackles four questions...
The Founders were not textualists. The letter of the law mattered quite a bit. But, as William Blackstone noted, interpretation also required the...
Leaders often try to amend constitutions to remove checks on their powers. To help protect against such democratic erosion, constitutional drafters...
Over the last decade, the Supreme Court has revolutionized the law of religious freedom. At this point, the picture is reasonably clear. The Court has...
This essay considers the future of public-private collaboration in the wake of the Murthy v. Missouri litigation, which cast doubt on the...
In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court acknowledged the difficulties in applying its constitutional originalism to the...
In an earlier article titled The Executive Power of Removal, we contended that Article II gives the President a constitutional power to remove...
The Supreme Court has twice held since 2020 that statutory restrictions on the President’s removal power violate Article II of the U.S. Constitution...
In recent years, several popularly elected leaders have moved to consolidate their power by eroding checks and balances. Courts are commonly the...
An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...
The United States has granted reparations for a variety of historical injustices, from imprisonment of Japanese Americans during the Second World War...
Individual duties—like the responsibility to defend the country, pay taxes, or obey the law—are frequently included in national constitutions, but...
It is conventional wisdom that the states are free—within wide constitutional parameters—to structure their governments as they want. This Article...
During times of crisis, governments often consider policies that may promote safety, but that would require overstepping constitutionally protected...
Whether constitution-making should be constrained has long been debated, but little is known about whether it is possible. We make several...
National constitutions codify provisions on a wide range of topics, ranging from presidential term limits to the country’s flag. But are all...
This Essay reports data on the impact of Bruen and its predecessor, Heller, on gun rights cases. Put mildly, the impact was substantial, not only in...
The decision in Students for Fair Admissions v. President and Fellows of Harvard [SFFA], invalidating the use of race in college admissions, reignites...
The Trading with the Enemy Act of 1917—or the “TWEA”—is the precursor to the modern statutory sanctions framework of the United States. Though...
In Chile, many commentators, academics and political leaders have spent years arguing that the limited nature of the social rights in the national...
In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more common...
When federal judges are called on to adjudicate separation-of-powers disputes, they are not mere arbiters of the separation of powers. By resolving a...
In Dobbs v. Jackson Women’s Health Organization, the Supreme Court distinguished between different kinds of reliance interests — some that would...
Whether the Constitution grants the President a removal power is a longstanding, far-reaching, and hotly contested question. Based on new materials...
A division exists between scholars who claim that Congress made only limited delegations to executive officials in the early Republic, and those who...
Resident Faculty
Curriculum
The Law School’s curriculum features two concentrations with courses in constitutional law and legal history. The following is a list of courses offered during 2024-26. Numbers in parentheses indicate which academic year(s) the courses were offered, i.e., 2023-24 is coded (24), 2024-25 is (25) and 2025-26 is (26). (SC) stands for short course and (YR) stands for yearlong.
Courses and Seminars
Administrative Law (24,25,26)
Advanced Topics in the First Amendment (Religion Clauses) (25)
Agencies in Court (SC) (25,26)
Civil Rights and Antidiscrimination Law (25)
Civil Rights Litigation (24,25,26)
Civil War and the Constitution (24)
Climate and Debt (24)
Comparative Constitutional Law (24,25,26)
Comparative Freedom of Speech (25)
Comparative Freedom of Speech Law Seminar (24)
Concepts in Policing: Challenges and Application (SC) (25,26)
Congress, Oversight and the Separation of Powers (SC) (24)
Constitutional Law and Economics (24,26)
Constitutional Law and Jurisprudence (SC) (26)
Constitutional Law II: Freedom of Religion (25,26)
Constitutional Law II: Freedom of Speech and Press (24)
Constitutional Law II: Poverty (26)
Constitutional Law II: Religious Liberty (24)
Constitutional Law II: Survey of Civil Liberties (24,26)
Constitutional Reform (26)
Constitutionalism: Nation, Culture and Constitutions (24)
Courts (24,26)
Criminal Adjudication (24,25,26)
Criminal Investigation (24,25,26)
Criminal Procedure Survey (24,25,26)
Designing Democracy: Representation (24)
Federal Courts (24,25,26)
Federal Sentencing (SC) (24,26)
Federalism (SC) (24)
History of American Federalism (25)
History of the American Administrative State (24)
International Arbitration (24)
Investigating Presidents (SC) (26)
Law and Inequality Colloquium (24,25)
Law and Riots (24,25,26)
Law of the Police I: Rules, Rights and Regulation (25)
Law, Inequality and Education Reform (25,26)
Legislation (24,26)
Legislation and Regulation (25,26)
Litigating the 2024 Presidential Election (25)
Litigating the Unitary Executive (26)
Monetary Constitution Seminar (24,25,26)
Monument Litigation (SC) (25)
Native American Law (24)
Online Privacy, Freedom of Speech and Platform Regulation in Europe (SC) (26)
Pain and the Law (25,26)
Perspectives on Sovereignty - Native American Law (26)
Practical Perspectives on Policing: Fair and Effective Policymaking by Law Enforcement (SC) (24)
Privacy (24,25,26)
Privacy Law and Theory Seminar (24,25,26)
Privacy Torts (24,25)
Property, the Police Power and Emergencies (24,25)
Public Law Colloquium (25,26)
Racial Justice and Law (24,25,26)
Regulation of Political Advocacy Seminar (24,25,26)
Regulation of the Political Process (25,26)
Regulatory Law and Policy (25)
Religious Freedom and Reproductive Rights (24)
Religious Freedom: Current Challenges (24)
Reproductive Rights and Justice (24)
Reproductive Rights and Justice (SC) (25)
School Desegregation, School Integration (24)
SCOTUS: A Study in Opacity and Privilege (SC) (25)
Second Amendment and Gun Violence Colloquium (25)
Separation of Powers in the Federal Courts Seminar (24,26)
State Attorneys General (24,25,26)
State Constitutional Law Seminar (26)
State Constitutional Law: Litigation and Adjudication (26)
State Constitutionalism (25)
Supreme Court Justices and the Art of Judging (24)
Supreme Court: October Term (24,25,26)
Telecommunications Law and Policy Seminar (26)
The Constitution, Democracy and U.S. History (25)
The Executive Branch: Comparative and Political Aspects (SC) (24)
The Great Writ (SC) (24,25)
The Institutional Supreme Court (SC) (24)
The January 6th Investigation and How Courts Can Shape Congress’ Power to Investigate (SC) (24)
The Mueller Report and the Role of the Special Counsel (SC) (24,25)
The Right to Protest (SC) (24)
Clinics
Appellate Litigation Clinic (YR) (24,25,26)
First Amendment Clinic (YR) (24,25,26)
Project for Informed Reform Clinic (YR) (24,25,26)
State and Local Government Policy Clinic (YR) (24,25,26)
Supreme Court Litigation Clinic (YR) (24,25,26)
Clinics
Students in the Appellate Litigation, First Amendment and Supreme Court Litigation clinics grapple with constitutional issues from real or potential litigation. These clinics often give students a firm grounding in issues they may tackle as clerks or as practicing attorneys.
Appellate Litigation Clinic
This yearlong clinic allows 12 students to engage in the hands-on practice of appellate litigation through actual cases before various federal circuit and/or state courts of appeals. The students are teamed up and assigned to handle primary responsibility for work on at least one appellate case during the course of the year. In addition, the students work together as a small law firm to provide secondary-level assistance to each other.
Civil Rights Clinic
Students work on cases that have potential to provide real and concrete relief and legal support to people and communities that have been harmed by the criminalization of poverty and other forms of discrimination or deprivation of rights.
First Amendment Clinic
Run in conjunction with the Thomas Jefferson Center for the Protection of Free Expression and the law firm Baker Hostetler, the yearlong First Amendment Clinic gives students practical legal experience involving timely free speech and press issues. Students work in teams to conduct legal research, meet with clients and co-counsel, and draft legal memoranda and briefs. Assignments typically involve appellate-level litigation, although there are occasional trial-level opportunities. Students also work on a variety of non-litigation projects, such as reviewing proposed municipal ordinances for potential First Amendment flaws.
Supreme Court Litigation Clinic
Working in teams, students in this yearlong clinic handle actual cases, from seeking Supreme Court review to briefing on the merits. Students identify candidates for Supreme Court review; draft petitions for certiorari, amicus merits briefs and party merits briefs; and attend moots and Supreme Court arguments.
Student organizations such as the American Constitution Society and the Federalist Society often host speakers on constitutional law topics and provide networking opportunities for those interested in the field. Recent events have included a talk focusing on the anatomy of a Supreme Court case by an experienced litigator, a lecture by the Obama campaign general counsel Robert Bauer '76 on the anti-election-reform movement, and the annual Supreme Court roundup, in which Virginia Law professors analyzes cases from the past court term.
News
Events
Keith Neely ’16 and Sam Gedge from the Institute for Justice will be joined by Professor Julia Mahoney to preview the upcoming Supreme Court term. Food will be provided.
Join ACS, BLSA, Professor Michael Gilbert and Melody Barnes, former director of the White House Domestic Policy Council under President Barack Obama and founding executive director of the Karsh Institute of Democracy, for a discussion about the future of voting rights after the Supreme Court’s decision in Callais, as well as Watson and NRSC. Food will be provided.
The Innocence Project’s annual Wrongful Conviction Day will feature client Messiah Johnson, who was fully exonerated and compensated by the commonwealth of Virginia for his 20 years of wrongful conviction. Food will be provided.
Judge Michelle Taryn Friedland of the U.S. Court of Appeals for the Ninth Circuit will participate in a Q&A.
Join the Law, Innovation, Security, and Technology (LIST) Society to hear from a panel of practitioners about the U.S. Supreme Court’s decision in Chatrie v. United States. LIST will be joined by Adam Unikowsky, who argued for Chatrie, and Trisha Anderson, former deputy general counsel for the FBI. Professor Aditya Bamzai will moderate.
Yale Law School professor John Fabian Witt, an expert on American legal history, will deliver the 2026 McCorkle Lecture, “Power Not Rights: The Secret History of 20th-Century Constitutionalism.” Professor Risa Goluboff will introduce Witt. A reception will follow.
Witt explains: “What if what we think we know about the rights revolution of the 20th century is wrong? What if landmarks like Brown v. Board of Education originated not in ideas about rights at all? As liberal constitutionalism passes from the scene, ‘Power Not Rights’ proposes a revisionist history of its origins with trenchant lessons for the present.”
Witt is the Duffy Class of 1960 Professor of Law at Yale Law School and a professor of history at Yale University, where he teaches and writes on the history of American law and the law of torts. He is a John Simon Guggenheim Memorial Foundation Fellow, a fellow of the American Academy of Arts and Sciences, and former Head of College at Yale’s Davenport College. His books include “The Radical Fund: How a Band of Visionaries and a Million Dollars Upended America” and “Lincoln’s Code: The Laws of War in American History,” which won the Bancroft Prize, was a finalist for the Pulitzer Prize, was awarded the American Bar Association’s Silver Gavel Award and was a New York Times Notable Book.
Visitors should enter the Law School through the Clay Hall entrance (map and parking details) and be prepared to show a government-issued ID.
The Federalist Society is kicking off its Spring Speaker Series with a fireside chat featuring UVA Law’s very own Professor Danielle Citron and Professor Jamil Jaffer, the founder of the National Security Institute at George Mason Law School. Join for a wide-ranging discussion of recent development in privacy law, moderated by Matthew Hamilton. A Q&A with audience members will follow the chat, and lunch will be provided.
Join the Federalist Society for a preview of the upcoming Supreme Court term. Institute for Justice attorneys, as well as chapter booster Professor Julia Mahoney, will look at the cases the court will consider and the cases they think the court should hear. They will also answer questions from attendees. Lunch will be served.
Professor Micah Schwartzman ’05 will discuss reproductive rights in Judaism. Food will be provided.
Food will be provided
Kenneth L. Wainstein, under secretary for intelligence and analysis for the Department of Homeland Security, will discuss homeland security intelligence. The discussion, moderated by law professor Ashley Deeks, director of UVA’s National Security Law Center and a Miller Center faculty senior fellow, will cover election security as well as provide insights into this lesser known but vital player in the U.S. intelligence community.
Legal scholar Khiara M. Bridges will deliver the keynote address at the seventh annual Shaping Justice conference, “Safeguarding Bodily Autonomy: Examining the Intersections of Health and Justice.” Bridges will speak at 5 p.m. in Caplin Pavilion.
Aimed at inspiring students and lawyers to promote justice through public service, the student-run conference will also feature an awards ceremony to honor Laurel Sakai ’11 and Anne Swerlick ’77 for their roles in serving the public.
Moderated by UVA Law professor Craig Konnoth, a panel of experts will discuss reconciling LGBTQ+ rights and religious freedom. The speakers are Christine Durham, senior of counsel for litigation, Wilson Sonsini, and former chief justice of the Utah Supreme Court; William Eskridge, John A. Garver Professor of Jurisprudence, Yale Law School; Ria Tabacco Mar, director of the ACLU’s Women’s Rights Project; and Robin Fretwell Wilson, director, Institute of Government and Public Affairs and Mildred Van Voorhis, Jones Chair in Law, Illinois College of Law.
Speaker Molly Conger, a local anti-racist activist and journalist, worked to uncover and publicize activities of white supremacists ahead of the Unite the Right rally. Her most recent work includes live-tweeting Sines v. Kessler. Food will be provided.
This conference marks the 50th anniversary of the passing of Title IX. Practitioners, scholars and other experts on Title IX will discuss current related issues, from sexual violence and abuses of power in higher education to access to sports for transgender students. Department of Education official Suzanne Goldberg will deliver the keynote address.
Sponsoring firms are Covington, Morgan Lewis, Thompson & Horton LLP, and Thompson Esquire.