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Spring 2024 Reading Group

State Constitutionalism

Prerequisite: Students must have completed, or be concurrently enrolled in, 1L Constitutional Law or Constitutional Law: Separation of Powers

Exam Type: No Exam

This reading group will explore the contours and impact of state constitutional law— a topic that has received increasing attention in recent years. We will consider differences between the structure and scope of state constitutions and that of the federal constitution, and explore when and why state high courts construe state constitutional provisions differently than their federal analogues (for example, criminal procedure and freedom of speech). We will also examine specific state constitutional provisions that lack a federal counterpart (for example, a constitutional guarantee to an education). Readings will include seminal articles on state constitutional jurisprudence, selected excerpts from state constitutions, and relevant cases.

Note: This reading group will meet on the follwing dates: January 29, February 5, February 19, March 4, March 18, and April 1.