Legal Studies: Constitutional Law

This course examines present-day U.S. constitutional law. Students will learn some constitutional law as well as how to think critically about it based on comparisons with other nations' laws. Thus, having considered hate speech under the First Amendment, we might study hate-speech laws in Canada; having studied Fifth Amendment rights to remain silent in the U.S.A., we might then consider them in England; having considered what discoveries are patentable under Article I, we might consider how India approaches the problem. To promote meaningful comparison, we will focus on common-law jurisdictions. Topics include constitutional balancings of intra-government powers, as well as constitutional delineations of individual rights. Based on student interest, we may explore how constitutional law protects creations of the mind, such as writings and discoveries; freedom of religion; equal protection; the right to be free from cruel and unusual treatment, or other doctrines. Consistent with U.S. law-school pedagogy, we will study laws as they apply to "fact patterns," which are specific "material" facts that cry out for legal interpretation. As we progress through the year, we will shift from general legal principles to questions of how the law applies to real-time, real-world facts and controversies. The spring semester will require students to make their own determinations in a current legal controversy, such as by arguing a position in a case selected from the U.S. Supreme Court's current docket. Legal opinions and legislation are the primary texts; a required textbook on constitutional law is supplemental. Students who take the writing option must complete substantial written assignments in addition to weekly homework and oral presentations.