Constitutional Law

This is an advanced seminar that will bring together outside scholars, resident faculty, and Northwestern students for an exchange of views about cutting-edge research on constitutional theory.   On six occasions during the semester, a workshop will be held at which a leading scholar will present a paper growing out of his or her research on issues of constitutional law.  These workshops will be attended by members of the faculty of the School of Law, faculty from other schools and departments within and without Northwestern, and interested students.

On weeks when there is no outside speaker, the seminar will meet to review the previous workshops and to discuss an upcoming paper or papers.  Students are required to write short critiques of each forthcoming paper, which will provide the foundation for seminar discussions and will be shared with the authors in advance of their presentations.


Fall 2015

Organized by Professors John McGinnis and James Pfander

All sessions take place on Mondays from 4:00-5:50pm in Rubloff 339.

September 21
Tara Grove, Professor of Law and Robert, William & Mary Marshall-Wythe School of Law
Paper forthcoming

October 5
Ernest Young, Alston & Bird Professor of Law, Duke Law School
Paper forthcoming

October 26
A.J. Bellia, Jr., O’Toole Professor of Constitutional Law, University of Notre Dame - The Law School
Paper forthcoming

November 2
John C. Coates, John F. Cogan, Jr. Professor of Law and Economics, Harvard Law School
Paper forthcoming

November 16
William Baude, Neubauer Family Assistant Professor of Law, University of Chicago Law School
Paper forthcoming

November 30
Peter J. Smith, Professor of Law, George Washington University Law School
Paper forthcoming


Fall 2012

All sessions take place on Wednesdays from 4:00-5:50pm in Rubloff 339.

September 12
Eric Posner
, Kirkland & Ellis Professor of Law and Aaron Director Research Scholar, University of Chicago Law School
"Balance of Powers Arguments and the Structural Constitution"

October 3
Saikrishna Prakash
, David Lurton Massee, Jr., Professor of Law, University of Virginia School of Law
Martial Law, Dictators, and Congress

October 17
Amy Steigerwalt, Director of Graduate Studies and Associate Professor, Georgia State University Department of Political Science
"The Puzzle of Unanimity: Explaining Consensus on the U.S. Supreme Court"

October 31
Adam Samaha
, Professor, New York University School of Law, by video conference?
"Unconstitutional Conditions Questions Everywhere: The Implications of Exit and Sorting for Constitutional Law and Theory"

November 14
Maxwell Stearns
, Marbury Research Professor of Law, University of Maryland
“Scrutinizing Tiers"

November 28
Richard Pildes
, Sudler Family Professor of Constitutional Law, New York University School of Law
"Targeted Warfare: Individuating Enemy Responsibility"


Fall 2011

September 13
Elizabeth Magill, Vice Dean and Joseph Weintraub-Bank of America Distinguished Professor of Law, University of Virginia Law School
"Beyond Capture"

September 27
Juan Perea, Loyola-Chicago
"Race and Constitutional Law: On Recognizing the Proslavery Constitution"

October 11
Jamal Greene, Associate Professor of Law, Columbia Law School
"Fourteenth Amendment Originalism"

October 25
Amanda Tyler, Associate Professor of Law, The George Washington University Law School
"The Forgotten Core Meaning of the Suspension Clause"

November 8
Akhil Reed Amar, Yale Law School
"Confronting Modern Case Law: America's "Warrented" Constitution"

November 22
Gerard Magliocca, University of Indiana
"Constitutional Liability Rules"


Spring 2011

January 18
Kurt T. Lash, Professor of Law, University of Illinois College of Law
"The Origins of the Privileges or Immunities Clause, Part II: John Bingham and the Second Draft of the Fourteenth Amendment"

February 1
Nicholas Quinn Rosenkranz, Professor of Law, Georgetown University Law Center

February 15
Alison LaCroix, Professor of Law, University of Chicago School of Law
"Federalists, Federalism, & Federal Jurisdiction"

March 1
Thomas Colby, Professor of Law, George Washington University Law School
"The Sacrifice Of The New Originalism"

March 29
Jack M. Balkin, Professor of Law, Yale Law School
"Constitutional Redemption: Political Faith in an Unjust World, Chapters 3-5"

April 12
Richard Epstein, Professor of Law, N.Y.U. School of Law & University of Chicago School of Law