Examines the role of the courts and the other branches of government in defining and enforcing constitutional values. Relevant readings are from philosophy, social sciences, and legal scholarship, as well as cases.
Meeting Times & Locations:
||4:40 PM - 6:40 PM
First Assignment: Cooper v. Aaron, 358 U.S. 1 (1958) (available on TWEN site) and Meese, "The Law of the Constitution, 61 Tulane Law Review 979 (1987) (also available on the TWEN site). We will also be using Garvey and Aleinkoff, Modern Constitutional Theory: A Reader (5th ed, West). In the Reader, please read the articles by Alexander and Schauer at p. 249 and by Kramer at p. 258.