Course Organization - two semester course

[Barksdale, Yvette]

Hi -

our school still does the two semester - 6 hour structural(con law I)
/individual rights organization (CL II) . However, we include incorporation
in Con Law I, which serves as an introduction  to individual rights

In my own Con Law I course, I use the Brest Levinson book, so the first half
is organized more or less chronologically, "from Marshall to the New Deal,"
and the second half  more or less topically with a  "Where we are now - Post
-new Deal" discussion.

I introduce the 14th amendment legislative powers with the incorporation
unit. I teach both in a part of the historical section addressing post-Civil
War developments. I use Slaugterhouse for incorporation and follow with the
Civil Rights cases for legislative powers.

I then return to 14th amendment legislative powers somewhat briefly in three
places within the post-New Deal topical section - 1) using the Katzenbach
cases in a discussion of legislative powers in the darby - lopez era
(commerce, spending, taxing, 14th amendment) and 2) in a discussion of same
powers in the post-Lopez era  using Boerne and Morrison, and 3) in the 11th
amendment section using Garrett.

btw  I expanded this 14th legislative powers material for this semester (
thus I haven't  taught it yet). Before I  included only the Civil Rights
Cases,  and a brief discussion of katzenbach cases (more or less in
passing). Last year I added Morrison (as a followup to its commerce clause
discussion)  and Garrett (as an aside to its sovereign immunity discussion))
This semester, I've added Boerne as a principal case, and expanded the
Katzenbach discussions.  I hope I don't run out of time!

yb


*********************************************
Professor Yvette M. Barksdale
Associate Professor of Law
The  John Marshall Law School
315 S. Plymouth Ct.
Chicago, IL 60604
(312) 427-2737
(email:)  7barksda at jmls.edu
*****************************************************


> ----------
> From:         Philip Frickey[SMTP:frickey at LAW.BERKELEY.EDU]
> Reply To:     Discussion list for con law professors
> Sent:         Wednesday, August 28, 2002 3:23 PM
> To:   CONLAWPROF at listserv.ucla.edu
> Subject:      Re: Course Organization
>
> Betsy, that is a tough question for me, as both schools where I have
> taught have moved away from that format to a 4-hour basic course that
> allows the instructor more freedom on how to structure the syllabus.  The
> primary reason for both schools was a sense that, because of the recent
> cases, federalism and congressional power cannot be taught independent of
> individual rights.  I'm sure other participants on this listserve will
> have some good ideas.
>
> Phil
>
> Betsy Levin wrote:
>
> > Phil, What would you suggest if your school has two separate Con Law
> courses, one for government powers and the second one for individual
> rights, with the likelihood that a different faculty member will teach the
> second course?  You can't really teach the 14th amendment if it is to be
> taught in another semester, but Section 5 does belong with the Commerce
> Clause.  (I did use your book when I taught the first part of Con Law at
> Georgetown.)  Betsy
> >
> > Betsy Levin
> > 3537 1/2 Alton Place, NW
> > Washington, DC 20008
>
> --
> Philip P. Frickey
> Richard W. Jennings Professor of Law
> University of California at Berkeley
> Boalt Hall
> Berkeley, CA  94720-7200
> phone:  (510) 643-4180
> Fax: (510) 642-3767
>