Justin Driver : Courses and Seminars
Constitutional Law III: Equal Protection and Substantive Due Process
This course considers the history, theory, and contemporary law of the post-Civil War Amendments to the Constitution, particularly the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The central subjects are the constitutional law governing discrimination on the basis of race, gender, sexual orientation, and other characteristics, and the recognition of certain fundamental rights. Throughout, students consider certain foundational questions, including the role of courts in a democracy and the question of how the Constitution should be interpreted. The student's grade is based on a final take-home examination and class participation.
Constitutional Law I: Governmental Structure
This course analyzes the structure of American government, as defined through the text of the Constitution and its interpretation. The major subjects covered are the allocation of powers among the legislative, executive, and judicial branches; the function of judicial review; and the role of the states and the federal government in the federal structure. The student's grade is based on class participation and a take-home final examination.
Law and Race
This seminar explores the intersection of race with legal institutions in both historical and contemporary contexts. Given that the seminar is designed to culminate in a scholarly paper, much of the reading will consist of canonical law review articles and other forms of legal scholarship. Although students are welcome to address a wide range of paper topics, the assigned readings will include: jury nullification, racial profiling, racial tokenism, and critical race theory (and its discontents). Students will be evaluated upon class participation and a substantial written paper.