This new course is intended to function in the manner of a seminar, and a seminar room has been reserved for it. In our small group we talk over a particular assigned case at each meeting, examining critically the doctrines and legal structures that constrain constitutional litigation against government. No casebook is required, since no casebook covers all our cases, although any Con Law casebook can cover some of them. These are Supreme Court cases, the official reports of which are easily accessed on line. With each assigned case, this Syllabus supplies propositions or questions for our consideration, helping to frame our debates. Through engaged lawyerly discussion, the case law governing the constraints upon and strategic opportunities of constitutional litigation against government can become more permanent parts of a participant’s professional toolkit. Closed to first-year students. There is no pass/fail option. No papers may be submitted in lieu of the exam.
Weinberg, Louise L 