Constitution and the Family

LAW 569-01	Constitution and the Family Seminar	3 credits
The Supreme Court has in many ways "constitutionalized" the family­ mandating application of select constitutional clauses in deciding many family law disputes. This seminar examines the development of the Court's jurisprudence and explores how (and whether) it implicates numerous contemporary issues, including: the extent to which certain family practices should escape state regulation; the constitutional status of marriage (including same-sex and polygamous marriage); limits on child-rearing and parental rights (including the parental rights of adults not biologically related to a child); and reproductive rights, including rights to alternative methods of reproduction and surrogacy. The seminar will also examine state policy-making responses to changing family structures and shifting constitutional doctrine. Texts: There is no assigned casebook. Readings will include relevant Supreme Court opinions; secondary literature, including law review articles and book excerpts (e.g., addressing theoretical underpinnings of law, providing historical backdrop, and including biographical material); and some state statutory excerpts. Requirements: The seminar requires that students attend and participate actively in class sessions. Students will also present to the class an original research paper of publishable quality. Students with more than one unexcused absence may be dropped from the course. Prerequisites: The family law survey course is useful but not a prerequisite. Grading Policy: Both the research paper and class participation contribute to the final grade for the course.  Satisfies the Writing Requirement.

 

Foundational:

Bankruptcy Survey
Family Law
Family Wealth Transactions
Trusts & Estates

Supporting:

Advanced Family Law Advocacy
Education Law
Federal Income Tax
Law & Intimate Associations*
Real Estate Transactions
Selected Topics in Estate Planning & Elder Law
Youth Law

*courses not offered every year