Criminal Constitutional Law Courses

This course considers emerging issues in the law and policy of policing. Policing is bounded by U.S. constitutional law but also heavily determined by state and local statutes and regulations. As such, policing traditionally engages legal questions such as search, seizure, interrogation, and identification. At the same time, emerging issues for contemporary police include policing a pandemic, historical injustice in policing, international and domestic terrorism, and gun violence on college campuses and universities. This course addresses many topics that have impacted police and communities since the first wave of protests in 2014–2015 through the murder of George Floyd through the lens of 4th, 5th, and 6th amendment issues. This course engages students in a deeper understanding of 21st century policing, drawing on contemporary developments in law and policy grounded in the realities of the experiences of police and communities.

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FALL 2026: LAW JD 962 A1, Aug 31st to Dec 3rd 2026

Criminal Procedure is divided into two parts: investigation and adjudication. Students may take separate courses in investigation and adjudication or may take a one-semester course that covers both, although less intensively. Criminal Procedure A and B each stand on their own and may be taken in either order. One may be taken without the other. Criminal Procedure A focuses on the investigation part, that is, focuses on police investigation and the rights of defendants. This course covers search and seizure, the privilege against self-incrimination, confessions and the rights to counsel during custodial police interrogation. In general the course will examine the constitutional law in cases arising out of the conflict between police practices and the Bill of Rights. RESTRICTION: Students may not enroll in this section and Criminal Procedure AB.

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FALL 2026: LAW JD 848 A1, Aug 31st to Dec 3rd 2026

This course covers the same subject areas as Criminal Procedure A and Criminal Procedure B, although less intensively. This course is suitable for those who want to cover both the investigatory process and the adjudicatory process in one semester. More specifically, this course surveys the constitutional rules that govern investigation, prosecution, and adjudication in the criminal process, rules that derive primarily from the 4th, 5th, 6th, and 8th Amendments. Topics include police powers and limits in searches and seizures (e.g., stops, frisks, arrests, excessive force, profiling, and surveillance), police interrogations (Miranda), the exclusionary rule (the suppression of evidence obtained unconstitutionally), bail and detention, the right to counsel, the right to trial by jury, grand jury proceedings, prosecutorial charging and discretion, double jeopardy, discovery and exculpatory evidence, plea bargaining, jury selection, and the rights to a public, speedy, and fair trial. We will discuss policy and practical considerations as well as the governing constitutional doctrines, and classroom demonstrations will illustrate the course material. RESTRICTION: Students may not enroll in this section and Criminal Procedure A or B.

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FALL 2026: LAW JD 819 A1, Aug 31st to Dec 3rd 2026
SPRG 2027: LAW JD 819 A1, Jan 11th to Apr 21st 2027

In this seminar, we will examine statutory interpretation with a focus on U.S. regulation, legislation, and agencies. In addition to covering the statutory canons and principles of statutory interpretation, the course demonstrates and develops the ability to engage in legal analysis and reasoning and an understanding of the important role of lawyers as problem solvers. Some topics covered include: plain meaning; textualism; textual errors; canons of construction; legislative history; pragmatism; and oversight and interpretation of agency decision-making. We will engage in thoughtful discussions about cases alleging serious criminal offenses and civil injuries that may be disturbing. This class may be used to satisfy the Upper-class Writing Requirement.

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SPRG 2027: LAW JD 828 A1, Jan 11th to Apr 21st 2027

This course will focus on cases that are currently on the docket of the Supreme Court across the range of the Court's subject matter. In the first week of class, we will read a set of pending certiorari petitions and vote as a class on whether we would grant the petition. (Petitions and background readings will be available on the course website.) Each student will be responsible for writing a brief memorandum in one case on whether the Court should grant the petition. Thereafter, each week, the class will read materials in preparation to discuss one or two cases pending on the merits, including its lower court opinion, the briefs from each party and selected amicus briefs. Prior to each class session, each student will be responsible for writing a brief memo (no more than a paragraph or two on each case) briefly stating how they would decide the case or cases for that week and why. Students will also be responsible for drafting one 20-25 page Supreme Court opinion and one 3-5 page dissenting opinion (either from their own opinion or someone else's) to be distributed to and discussed by the class. NOTE: Students registered for this seminar are encouraged to choose a case from the Court's docket during Fall Semester and take the lead on writing the opinion in that case. Students who do not choose a case in advance will be assigned one at the first class meeting. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement; two drafts and research on secondary sources is required. GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

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SPRG 2027: LAW JD 903 A1, Jan 11th to Apr 21st 2027