LAW-8068 14th Amendment Seminar
The United States ratified the Fourteenth Amendment shortly after the Civil War, yet its Due Process and Equal Protection clauses continue to influence contemporary individual rights. This course will examine the historical background of this Amendment and briefly explore its Citizenship and Privileges or Immunities clauses. Major themes will include procedural and substantive due process, fundamental rights and interests, and Equal Protection. Attention will be given to discrimination based on gender, sexual orientation, alienage, disability, and race. We will regularly discuss underlying constitutional questions, including, but not limited to, the following: Must the law treat all individuals equally, or may and should it provide special protections to selected groups? What sources might (and should) a judge consider when interpreting vague constitutional terms like equal protection and due process? How can we differentiate law from politics in this context? We will analyze these issues through court cases, law review articles, government and private organizational position papers, and legislative history to assess relevant laws and policies.
Offered
Fall Law, Spring Law