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State Constitutional Litigation (Tulante/Feder)
Spring 2020   LAW 907-001  

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Meeting Times/Location
R 6:30PM - 8:30PM
Silverman Hall 270

Faculty
Sozi Pedro Tulante

Adjunct Professor of Law

stulante@law.upenn.edu
Richard Feder

Lecturer in Law

richiefeder@gmail.com
Additional Information

Skills Training
Oral Presentations
Team Projects

Grading
20% Participation,
80% Paper,
Other (Students will be asked to present a paper or papers that will form the core (80%) of the grade.)

Satisfies Senior Writing Requirement

No

Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.

I offer the following to students who miss class due to illness:

- When you are better, please make an appointment to meet with me and I will review/answer questions about what you missed.

Category
Seminar

Credits
3.0

This course examines the increasingly critical (yet often overlooked) role of state constitutional law in vindicating fundamental rights. With the expectation that the United States Supreme Court, under a solidly conservative majority, will take a narrow view of fundamental rights under the federal constitution, it is an opportune time to examine areas where state supreme courts, in interpreting their own constitutions, can protect fundamental rights beyond those guaranteed by the federal constitution. Specifically, we will evaluate recent state-court decisions involving redistricting, education funding, the death penalty, free exercise of religion, criminal procedure, among others, in Pennsylvania and other states. To provide some context, we will also probe how state constitutions are amended, and other background topics. We will be joined by guest speakers who have been involved in some of the state-court litigation to share their perspectives from the front-lines.

Course Concentrations

Constitutional Law Learning outcomes: Demonstrate a core understanding of constitutional law; Perform legal analysis in the context of constitutional law; Communicate effectively on topics related to constitutional law; Demonstrate an understanding of constitutional law affects other areas of law.


Textbooks

"State Constitutional Law: The Modern Experience" by Randy J. Holland, Stephen R. McAllister, Jeffrey M. Shaman, Jeffrey S. Sutton
Edition: 3rd 2019
Publisher: West Law
ISBN: 9781684675210
Required