Curriculum Guide · Courses

Professor Randy Barnett

J.D. Seminar 430 | 3 credit hours

This seminar will study six recent scholarly books about constitutional theory and history. The class will spend two weeks on each book. For the second session on each book, the author visits the class in person to discuss the work. The books for the Spring 2014 have not yet been selected, and will depend on the availability of the author. Books under consideration include: Frank Cross: The Failed Promise of Originalism (2013), Paul Horwitz, First Amendment Institutions (2013), James E. Fleming & Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (2013), Louis Michael Seidman, On Constitutional Disobedience (2013), Mark David Hall, Roger Sherman and the Creation of the American Republic (2012), Peter Berkowitz,,Constitutional Conservatism: Liberty, Self-Government, and Political Moderation (2013), and Clark M. Neily III, Terms of Engagement: How Our Courts Should Enforce the Constitution's Promise of Limited Government (2013).

Grades will be based on class participation and a three page “thought paper” for each book. In addition, students will submit a one-page summary of the reading — graded pass fail — for the first and second week’s discussion of each book. All papers must be submitted via Courseware by Monday at 3:00 p.m. and will be made available to the other students. Grades for papers submitted late will be lowered.

Prerequisite: Constitutional Law I: The Federal System or the equivalent course, Democracy and Coercion in Curriculum B. Recommended: Prior or concurrent enrollment in Constitutional Law II: Individual Rights & Liberties.

Laptop use and Internet access are not allowed during class. All enrolled and waitlisted students must attend the first class to be enrolled. Class attendance is mandatory. The paper requirements of this seminar will not fulfill the Upperclass Writing Requirement.