An exploration of modern work on the theory of constitutional interpretation, including such authors as Wechsler, Bickel, Ely, Dworkin, Sunstein, Lessig, Bork, Scalia, and Ackerman. (A demurrer by way of notice: that list is subject to change.) Among the major themes of discussion: (1) How should we conceive of the relationship between democracy and judicial review? (2) What are appropriate authoritative sources of constitutional interpretation? (3) In what senses is constitutional law political? In what senses not? Students will be expected to do the reading carefully, to participate regularly and thoughtfully in class, and to write a 20-page paper on a topic of their own choosing that must be approved.
For details on class times, days of the week, instructors, and grading and exam details, please view the Michigan Law Class Schedule.