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Constitutional Law: The Fourteenth Amendment

Past Offerings

Constitutional Law: The Fourteenth Amendment (7010): The Fourteenth Amendment is the source of many of the rights that have been cherished by many people throughout our nation. Rights pertaining to sex and reproduction, marriage, parenthood, abortion, birth control, educational opportunity, sex discrimination, race discrimination and many more all are rooted in the 14th Amendment. In recent years, the Supreme Court has reshaped significant aspects of 14th Amendment doctrine, and accorded ever more importance to historical understandings in interpreting and applying the Constitution to contemporary society. Recent decisions have prompted considerable controversy and highlight enduring questions about the relation (or distinction) between law and politics in constitutional interpretation. This course will examine the development of 14th Amendment doctrine, with special attention paid to equal protection and substantive due process. We will examine many contested constitutional questions, including same sex marriage and gender identity, race-based affirmative action in school admissions, and abortion and birth control, among many other topics. These constitutional controversies, in turn, raise broad questions about the meaning of citizenship, freedom, and equality, the very concerns that prompted the adoption of the 14th Amendment. Readings will include judicial opinions and some scholarly commentary. In this polarized time, it is important to note that the professor will not privilege any particular view of how the relevant controversies should be resolved. Indeed, our focus will be more on the processes and principles of constitutional decision-making than the outcomes reached by the Court. Students should be prepared to articulate and engage empathetically with arguments and perspectives that are different from their own. Class discussion will be supplemented with group exercises of various sorts. Elements used in grading: Class participation and written exam.

Sections

Constitutional Law: The Fourteenth Amendment | LAW 7010 Section 01 Class #1081

  • 3 Units
  • Grading: Law Honors/Pass/Restrd Cr/Fail
  • 2023-2024 Autumn
    Schedule No Longer Available
  • Enrollment Limitations: Lottery 50
  • Exam:
    • In-class Final
  • Exam:
      • Details to come
  • Learning Outcomes Addressed:
    • LO1 - Substantive and Procedural Law
    • LO2 - Legal Analysis and Reasoning
  • Course Category:
    • Public Law

  • 2023-2024 Autumn
    Schedule No Longer Available

Constitutional Law: The Fourteenth Amendment (7010A): The Fourteenth Amendment is the focal point for many of the most contentious issues in contemporary constitutional law, from abortion to affirmative action to voting rights to criminal justice. This course will begin by paying attention to the origins of the Amendment: to what did it respond and how did it alter our constitutional framework? Rather than then going through section 1 of the amendment clause by clause (citizenship, privileges and immunities, due process, and equal protection) and then skipping to section 5 and Congressional power--we will briefly discuss the seldom mentioned sections 2 and 3, but don't worry, we won't spend a minute on the public debt provisions of section 4!--the course will then explore the amendment's doctrinal evolution with respect to several broad areas of American life, ranging from education to democracy to the economy to criminal justice to intimate relationships (not necessarily in that order). Obviously, we can't cover every area that the amendment touches. But the idea is to give you the tools to work with the changing doctrine and to be an intelligent critic of where we started and where we are. Class format will be a combination of lecture, on-call panels, and open discussion. Grading will be based on an exam and class participation.

Sections

Constitutional Law: The Fourteenth Amendment | LAW 7010A Section 01 Class #1079

  • 3 Units
  • Grading: Law Honors/Pass/Restrd Cr/Fail
  • 2022-2023 Spring
    Schedule No Longer Available
  • Enrollment Limitations: Lottery 60
  • Exam:
    • One-Day Take-Home Exam
  • Exam:
      • Remote: Details to come
  • Learning Outcomes Addressed:
    • LO1 - Substantive and Procedural Law
    • LO2 - Legal Analysis and Reasoning
  • Course Category:
    • Public Law

  • 2022-2023 Spring
    Schedule No Longer Available

Constitutional Law: The Fourteenth Amendment (7010A): This is a course about the history, theory, and doctrine of the Fourteenth Amendment, with special attention paid to the Equal Protection and Due Process clauses. It explores many constitutional dimensions of inequality with a focus on controversies implicating race, gender, sexual orientation, and gender identity. It also addresses disputes about contested liberties, including debates about abortion, sexuality, and marriage. Overarching issues will include competing approaches to interpreting the Fourteenth Amendment and core questions about federalism and the role of courts and Congress in enforcing constitutional rights. Class format will be a combination of lecture, on-call panels, and open discussion. Grading will be based on an exam and class participation.

Sections

Constitutional Law: The Fourteenth Amendment | LAW 7010A Section 01 Class #1039

  • Goodwin Liu
  • 3 Units
  • Grading: Law Honors/Pass/Restrd Cr/Fail
  • 2021-2022 Spring
    Schedule No Longer Available
  • Enrollment Limitations: Lottery 60
  • Exam:
    • Take-home Final
  • Exam:
      • Remote: Details to come
  • Learning Outcomes Addressed:
    • LO1 - Substantive and Procedural Law
    • LO2 - Legal Analysis and Reasoning
  • Course Category:
    • Public Law

  • 2021-2022 Spring
    Schedule No Longer Available
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