Apart from their assigned mod courses, 1L students may only enroll in courses offered as 1L electives. A complete list of these courses can be found on the 1L Elective Listings page. 1L students must use the 1L class number listed on the course description when enrolling.
287.72 sec. 001 - Substantive Due Process (Spring 2025)
Instructor: Osagie K Obasogie (view instructor's teaching evaluations - degree students only)
View all teaching evaluations for this course - degree students only
Units: 2
Grading Designation: Graded
Mode of Instruction: In-Person
Meeting:
Th 3:35 PM - 5:25 PM
Location: Law 113
From January 16, 2025
To April 24, 2025
Course End: April 24, 2025
Class Number: 33508
Enrollment info:
Enrolled: 24
Waitlisted: 6
Enroll Limit: 24
As of: 11/23 11:55 PM
Can the Constitution achieve its post-Reconstruction goal of becoming an inclusive legal document with rights accessible to constituencies more diverse than the framers initially imagined? Substantive due process, or the idea that the Fifth and Fourteenth Amendments’ due process clauses serve as reservoirs of unenumerated and seemingly invisible rights discoverable by a federal judiciary, has been the intellectual and doctrinal space for affirming the existence of non-textual rights outside the framers’ purview. With this idea comes considerable controversy, most recently seen in Dobbs v. Jackson Women’s Health Organization, which overturned nearly five decades of precedent to find that the Constitution does not acknowledge a fundamental right to abortion. This seminar will examine each angle of the substantive due process debate, and place the conversation in a doctrinal, historical, and sociological context that will help seminar participants think critically about its nuances. Topics covered include questions about fundamental rights involving marriage, family rights, education, sexuality, reproductive rights, contraception, and more. Students are encouraged but not required to take Constitutional Law before this seminar, or concurrently enroll during the semester this class is offered.
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 or have prior permission of the instructor in order not to be dropped.
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Requirements Satisfaction:
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Exam Notes: (P) Final paper
(Subject to change by faculty member only through the first two weeks of instruction)
Course Category: Public Law and Policy
This course is listed in the following sub-categories:
Race and Law
Social Justice and Public Interest
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