220.41 sec. 001 - Natural Law and Constitutional Interpretation (Spring 2020)
Instructor: Janice Rogers Brown
Instructor: Steven Hayward
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Due to COVID-19, law school classes were graded as credit/no pass in spring 2020.
- Tu 6:25 PM - 8:15 PM
Location: Law 141
From January 14, 2020
To April 24, 2020
Course End: April 24, 2020
Class Number (1Ls): 32165
Class Number: 32165
Enroll Limit: 25
As of: 06/16 11:02 PM
One of the most difficult questions for constitutional interpretation is whether and how to fill in gaps in the text. Should courts, for example, recognize rights not textually enumerated in the Bill of Rights? Should we give force to principles of federalism or the separation of powers when the Constitution mentions neither phrase? One of the theories proposed as a background set of principles for constitutional interpretation is natural law. This class will examine historic natural law theories as they evolved and existed at the time of the Framing of the Constitution and the Civil War, the modern debate over natural law, and whether such theories can prove useful in answering the difficult constitutional questions of today.
The Honorable Janice Rogers Brown is currently a jurist-in-residence at Berkeley Law. She has served in prominent positions in the federal and state judiciaries and California government. She served as the judge on the U.S. Court of Appeals for the D.C. Circuit from 2005 to 2017. She served as a Justice of the California Supreme Court from 1996-2005, and before that was a Justice of the California Third District Court of Appeal. Before her judicial service, she was Legal Affairs Secretary to California Governor Pete Wilson and held positions in the state Attorney General’s office and the Business, Transportation, and Housing Agency.
Steven Hayward is a senior research fellow at Berkeley Law, a senior resident scholar at the Institute of Governmental Studies at UC Berkeley, and a visiting professor at the Goldman School of Public Policy. He was previously the Ronald Reagan Distinguished Visiting Professor at Pepperdine University’s Graduate School of Public Policy, and was the inaugural visiting scholar in conservative thought and policy at the University of Colorado at Boulder in 2013-14. From 2002 to 2012 he was the F.K Weyerhaeuser Fellow in Law and Economics at the American Enterprise Institute in Washington DC and has been a senior fellow at the Pacific Research Institute in San Francisco since 1991.
Attendance at the first class is mandatory for all currently enrolled and waitlisted students; any currently enrolled or waitlisted students who are not present on the first day of class (without prior permission of the instructor) will be dropped. The instructor will continue to take attendance throughout the add/drop period and anyone who moves off the waitlist into the class must continue to attend in order not to be dropped.
Exam Notes: (None) Class requires a series of papers, assignments, or presentations throughout the semester
Course Category: Public Law and Policy
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Instructor has indicated that no books will be assigned.