Prerequisites: 1L Constitutional Law or Constitutional Law: Separation of Powers, Federalism, and Fourteenth Amendment

By Permission. Interested students should send a resume and a brief statement describing their interest in the course to Laura Zeng (lzeng@law.harvard.edu) Deadline: January 6th, 2025.

Exam Type: No Exam

This course will focus on changing paradigms in recent Supreme Court jurisprudence and advocacy. New frames of reference in the Court are reshaping and redefining vast areas of law. The Court’s recent opinions have focused on text, history, and original intent as defining modes of constitutional interpretation. At the same time, stare decisis has receded in importance and a new set of rights and priorities has moved to center stage. Yet occasionally the Court departs from established methodologies and reaches surprising results. This class will try to make sense of these rapidly unfolding developments. We will begin with an examination of how litigants are navigating these changes in the Supreme Court in briefs and argument. We will use the emergence of high-profile emergency docket litigation and doctrines such as standing to explore how procedure can influence substance. The class will also focus on specific substantive areas of law — such as the Second Amendment; doctrines affecting administrative agencies; jury trial rights; and presidential immunity — to illustrate the Court’s evolving approaches. This seminar will be advocacy-focused: we will explore how Supreme Court advocates develop persuasive arguments tapping into text and history while also using precedent, policy, and practicality to advance their positions. The class will at times use advocacy techniques (such as mini-moot courts and role play) to bring the material to life and deepen students’ understanding of Supreme Court litigation. The final paper will analyze the briefs and arguments in a pending Supreme Court case.