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Justin Driver : Courses and Seminars

Workshop: Constitutional Law
LAWS 63612
(A, SRP, WP, BID, SEM)This workshop, conducted over three sequential quarters, exposes students to current academic work in constitutional law and theory and other areas of public law. Workshop sessions are devoted to the presentation and discussion of papers from outside speakers, at six to eight sessions to be conducted regularly throughout the academic year.Enrollment may be limited. This workshop may be taken for fulfillment of the Substantial Research Paper graduation requirement. Grading is based on a substantial paper (or two shorter papers) plus brief reaction papers on each of the workshop papers. As an alternative to writing a long paper, you may write two or more extended reaction papers (i.e., 10-12 pages) to the papers presented in the workshop. You have to get our approval in advance for this option. We encourage it if you find that you have a lot to say about some of the workshop papers. If you wish to receive Writing Project (WP) credit for this option, you must submit a draft of each of the two long response papers to us and satisfactorily incorporate our suggestions.
Autumn 2016
Aziz Huq, Justin Driver
Constitutional Law III: Equal Protection and Substantive Due Process
LAWS 40301
(BID, CORE)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, and other characteristics, and the recognition of individual rights not explicitly enumerated in the Constitution. 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.
Spring 2017
Justin Driver
The Constitution Goes to School
LAWS 43205
(CORE, 1E)This course will examine how the Supreme Court's constitutional opinions have both shaped and misshaped the nation's public schools. In 1969, the Supreme Court famously declared that students do not "shed their constitutional rights when they enter the schoolhouse gate." Not surprisingly, though, Supreme Court Justices both before and since have bitterly contested the precise scope of students' constitutional rights in the elementary and secondary school contexts. Some Justices, moreover, have concluded that it is typically unwise for the judiciary to enter the educational realm, lest the Supreme Court turn into a schoolboard for the entire nation. Even if such fears are overblown, however, there can be no doubt that the Court's constitutional interpretations have had significant consequences for schools charged with transforming students into citizens. Constitutional topics will include: freedom of speech, establishment of religion, free exercise of religion, searches and seizures, cruel and unusual punishment, due process, and equal protection. Educational topics will include: homeschooling, zero tolerance policies, corporal punishment, school funding, school uniforms, racial desegregation, strip searches, single-sex schools, off campus speech, drug testing, unauthorized immigration, the school-to-prison pipeline, and book banning. There are no prerequisites for enrollment. The student's grade is based on a take-home final examination and class participation.
Spring 2017
Justin Driver
Workshop: Constitutional Law
LAWS 63612
This workshop, conducted over three sequential quarters, exposes students to current academic work in constitutional law and theory and other areas of public law. Workshop sessions are devoted to the presentation and discussion of papers from outside speakers, at six to eight sessions to be conducted regularly throughout the academic year. Enrollment may be limited. This workshop may be taken for fulfillment of the Substantial Research Paper graduation requirement. Grading is based on a substantial paper (or two shorter papers) plus brief reaction papers on each of the workshop papers. As an alternative to writing a long paper, you may write two or more extended reaction papers (i.e., 10-12 pages) to the papers presented in the workshop. You have to get our approval in advance for this option. We encourage it if you find that you have a lot to say about some of the workshop papers. If you wish to receive Writing Project (WP) credit for this option, you must submit a draft of each of the two long response papers to us and satisfactorily incorporate our suggestions.
Spring 2017
Aziz Huq, Justin Driver
Workshop: Constitutional Law
LAWS 63612
(A, SRP, WP, SEM)This workshop, conducted over three sequential quarters, exposes students to current academic work in constitutional law and theory and other areas of public law. Workshop sessions are devoted to the presentation and discussion of papers from outside speakers, at six to eight sessions to be conducted regularly throughout the academic year.Enrollment may be limited. This workshop may be taken for fulfillment of the Substantial Research Paper graduation requirement. Grading is based on a substantial paper (or two shorter papers) plus brief reaction papers on each of the workshop papers. As an alternative to writing a long paper, you may write two or more extended reaction papers (i.e., 10-12 pages) to the papers presented in the workshop. You have to get our approval in advance for this option. We encourage it if you find that you have a lot to say about some of the workshop papers. If you wish to receive Writing Project (WP) credit for this option, you must submit a draft of each of the two long response papers to us and satisfactorily incorporate our suggestions.
Winter 2017
Aziz Huq, Justin Driver