Constitutional History Courses

3 credits

This seminar will investigate constitutional history, from the years leading to the American Revolution through the early twentieth century, from several different angles, including presidential leadership, legislative mandates, and judicial interpretation. We will also consider popular constitutionalism and how society at large debated and helped to shape constitutional interpretation and development. Topics to be covered will include the constitutional impact of the break with Britain, the Founding of the Republic, Civil War era constitutionalism, the redefinition of American citizenship during Reconstruction, the rise of Jim Crow, constitutional law in the industrial Republic, and changes in the rights of the individual and developments as to federalism during the time period covered in this course. No prior history background is necessary. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. OFFERING PATTERN: This class is frequently offered in alternating years. Students are advised to take this into account when planning their long-term schedule. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

Selected topics in 19th- and 20th-century U.S. legal history. We will first explore the role of the legal profession in four public controversies: the authority of English common law after the American Revolution, slavery and racism, women's rights, and organized labor. We will then turn our attention to various methodologies for interpreting legal change: formalism, realism, law and economics, critical legal studies, and feminist jurisprudence. Readings (which will be plentiful) are drawn from primary sources (cases, speeches, and treatises) and secondary literature (articles and books). Students can either write a research paper or complete a take-home examination. Research papers may, but need not, fulfill the Writing Requirement.

3 credits

This workshop-format seminar examines the interplay of law, constitutions, and culture from an historical perspective. The heart of the seminar is student engagement with works-in-progress by leading scholars in the history, theory, and culture of law, broadly understood. The first three class sessions will be devoted to developing the intellectual tools necessary for reading and engaging with such papers. Starting in week 4 of the semester, the class format will alternate between workshop sessions and more traditional seminar sessions. During the five workshop sessions, an invited scholar will present a current scholarly work-in-progress for discussion. Students will read the speaker's paper in advance and prepare discussion questions for the seminar. During the other sessions, the class will meet as a normal seminar, during which we will discuss readings related to the workshop papers and legal history more generally. The written work for the seminar will consist of a series of brief, critical essays in response to a student-selected subset of the workshop papers. NOTE: This course is open to law students and to graduate students from other departments. A background in history is not a prerequisite. Graduate students from outside the law school may be able to receive 4 credits for this course. Please consult the professor regarding this option. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with this seminar. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This interdisciplinary seminar offers a deep exploration of large-scale forms of inequality, the social trauma they create, and the possibility of legal and political solutions. A persistent difficulty in American culture and jurisprudence is a refusal to conceive of structural and intergenerational harms against disfavored groups. The goal is to not only find conceptions of equality that might be suitable, but also to reason from injustice to justice. Special attention will be paid to connections between inequality and the political economy. Among the historical episodes to be discussed: Reconstruction as a missed opportunity at transitional justice; the expulsions of Chinese migrants and their families from the West Coast; white riots and other forms of terror visited upon freed persons and their allies; the shame and silence that surrounded the internment of Japanese Americans; the policy of separating migrant children from parents; and periodic roundups of the poor. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.